cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 

11 December 2019

 

NOTICE OF Ordinary Council Meeting

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 17 December, 2019 commencing at 2:00pm , at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

Yours faithfully

BJ Byrnes

GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Resolve into Committee of the Whole

a)    Consideration of Called Items

b)    Consideration of Closed Items

5)      Adoption of Committee of the Whole Report

 

 

Please be advised that this Council meeting is being recorded. By speaking at this meeting, you agree to being recorded. Please ensure that if and when you speak you are respectful to others and use appropriate language at all times. Cabonne Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this meeting. The recording of this meeting will be made publicly available on Council’s website.

ATTENDEES – DECEMBER 2019 COUNCIL MEETING

 

 

2:00pm

Youth of the Month – Olivia Holland – Red Bend Catholic College

 

 

 

 


 

 

http://cc2k/intranet/images/cabonne%20Council%20colour.JPG

 

 

 

COUNCIL’S MISSION
“To be a progressive and innovative Council which maintains relevance through local governance to its community and diverse rural area by facilitating the provision of services to satisfy identified current and future needs.”
 

 

 


         

 

 

 

 

 

 

 

 

COUNCIL’S VISION
Cabonne Council is committed to providing sustainable local government to our rural communities through consultation and sound financial management which will ensure equitable resource allocation.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 17 December, 2019

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 4

ITEM 2      DECLARATIONS OF INTEREST....................................................... 4

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 5

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 5

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 6

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 7

ITEM 7      CONFIRMATION OF THE MINUTES................................................. 7

ITEM 8      SUPPORT FOR NSW PUBLIC LIBRARIES ASSOCIATION FUNDING CAMPAIGN................................................................................................................... 8

ITEM 9      NOVEMBER 2019 LOCAL TRAFFIC COMMITTEE MEETING.. 10

ITEM 10    ENTRANCE FEES AT VILLAGE POOLS....................................... 13

ITEM 11    BUILDING BETTER REGIONS FUND ROUND 4......................... 14

ITEM 12    LOCAL GOVERNMENT TOURISM CONFERENCE 2020.......... 17

ITEM 13    EVENTS ASSISTANCE PROGRAM 2019/20................................ 18

ITEM 14    MOLONG TRUCK WASH PROJECT.............................................. 22

ITEM 15    DETAILED INVESTIGATION AND DESIGN OF MOLONG TOWN LEVEE 25

ITEM 16    DEVELOPMENT APPLICATION 2014/0114/04 - MODIFICATION TO EXTRACTIVE INDUSTRY, LOT 775 DP 813587, 1654 THE ESCORT WAY, BORENORE.......................................................................................... 27

ITEM 17    MODIFICATION OF EIGHT (8) LOT SUBDIVISION (MODIFICATION OF CONDITIONS) OF LOTS 218 AND 219 IN DP47258, LOTS 5, 6 & 7 IN DP 702416, LOTS 1 & 2 IN DP 114761, LOTS 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211 & 238 IN DP 756869, LOT 1 IN DP 181139, LOT 4 IN DP 114638, LOT 18 IN DP 10891443, LOT 1 DP 104.55555 AND LOTS 1 & 2 IN DP 104.55882, KNOWN AS 'ADAIR', 89 BRUCE ROAD, ORANGE..................................... 57

ITEM 18    QUESTIONS FOR NEXT MEETING................................................ 67

ITEM 19    BUSINESS PAPER ITEMS FOR NOTING...................................... 67

ITEM 20    MATTERS OF URGENCY................................................................. 68

ITEM 21    COMMITTEE OF THE WHOLE SECTION OF THE MEETING... 69

Confidential Items

 

Clause 240(4) of the Local Government (General) Regulation 2005 requires Council to refer any business to be considered when the meeting is closed to the public in the Ordinary Business Paper prepared for the same meeting.  Council will discuss the following items under the terms of the Local Government Act 1993 Section 10A(2), as follows:

 

ITEM 1      CARRYING OF COMMITTEE RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 2      ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 3      SALE OF 184 GASKILL STREET CANOWINDRA (LOT 1 DP 503767)

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 4      REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 896000007

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 5      DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

(b) matters in relation to the personal hardship of a resident or ratepayer   

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    November 12 2019 Extraordinary Council Minutes     70

ANNEXURE 7.2    November 26 2019 Ordinary Council Meeting Minutes        73

ANNEXURE 9.1    November Traffic Committee Meeting Minutes   91

ANNEXURE 13.1  F.O.O.D Week Inc - Event Assistance Program - 26-11-2019  98

ANNEXURE 13.2  Rally Till it Rains - Events Assistance Program        122

ANNEXURE 16.1  Draft conditions of approval DA 2014 114 4 125

ANNEXURE 17.1  DRAFT MODIFIED CONDITIONS OF CONSENT DA2008 177 3    138 


 

 

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

 

Reason For Report

To allow tendering of apologies for councillors not present.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 1079697

 

 

Recommendation

 

THAT any apologies tendered be accepted and the necessary leave of absence be granted.

 

General Manager REPORT

 

A call for apologies is to be made.

 

 

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for councillors to declare an interest in any items to be determined at this meeting.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS AND STAFF DECLARATIONS OF INTEREST - 2019 - 1079699

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

General Manager REPORT

 

A call for Declarations of Interest.

 

 

ITEM 3 - DECLARATIONS FOR POLITICAL DONATIONS

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare any Political Donations received.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 1079700

 

 

Recommendation

 

THAT any Political Donations be noted.

 

General Manager REPORT

 

A call for declarations of any Political Donations.

 

 

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

 

Reason For Report

To allow noting of the Mayoral appointments plus other Councillors' activities Reports.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 1079701

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

General Manager REPORT

 

A call for the Mayoral appointments and attendances as well as other Councillors’ activities reports to be tabled/read out.

 

 

ITEM 5 - COMMITTEE OF THE WHOLE

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 1079702

 

 

Recommendation

 

THAT Councillors call any items that they wish to be debated in Committee of the Whole.

 

General Manager REPORT

 

Council’s Code of Meeting Practice allows for the Council to resolve itself into “committee of the whole” to avoid the necessity of limiting the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

 

This item enables councillors to call any item they wish to be debated in “committee of the whole” at the conclusion of normal business.

 

The debate process during a ‘normal’ Council meeting limits the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005. 

 

Items should only be called at this time if it is expected that discussion beyond the normal debate process is likely to be needed. 

ITEM 6 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

 

Reason For Report

Enabling procedural reports to be adopted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.a - Provide quality administrative support and governance to councillors and residents.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 1079704

 

 

Recommendation

 

THAT:

1.    Councillors call any items they wish to further consider

2.    Items 7 to 9 be moved and seconded.

 

 

General Manager REPORT

 

Items 7 to 9 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group.  Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

 

 

ITEM 7 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Minutes

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

1.  November 12 2019 Extraordinary Council Minutes

2.  November 26 2019 Ordinary Council Meeting Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2019 - 1079705

 

 

Recommendation

 

THAT the minutes of the Extraordinary meeting held 12 November 2019 and Ordinary meeting held 26 November 2019 be adopted.

 

General Manager REPORT

 

The following minutes are attached for endorsement:

 

1.   Minutes of the Extraordinary Council meeting held on 12 November 2019.

2.   Minutes of the Ordinary Council meeting held on 26 November 2019.

 

 

ITEM 8 - SUPPORT FOR NSW PUBLIC LIBRARIES ASSOCIATION FUNDING CAMPAIGN

REPORT IN BRIEF

 

Reason For Report

To obtain Council support for increased State Government Funding of Public Libraries

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.2.a - Operate libraries according to the service agreement with Orange City Council

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\PUBLIC LIBRARIES NSW - 1079750

 

 

Recommendation

 

THAT Council:

 

1.      Make representation to the local State Member, Mr Philip Donato, in relation to the need for a sustainable state funding model for the ongoing      provision of public library services.

 

2.      Write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for Consumer Price Index (CPI) indexation of state funding for NSW public libraries, as well as legislation of all elements of the 2019-20 to 2022-23 NSW state funding model.

 

3.      Take a leading role in lobbying for sustainable state government funding for libraries.

 

4.      Endorse the distribution of the NSW Public Libraries Association NSW library sustainable funding advocacy information in Council libraries, as well as consider involvement in any actions proposed by the Association.

 

 

Director of Finance and Corporate Services' REPORT

 

The NSW Public Libraries Association’s 2018-19 Renew Our Libraries campaign was a spectacular success, delivering an increase of $60m in state funding for NSW public libraries over the quadrennial period 2019-20 to 2022-23. This is the largest single increase in state funding since the NSW Library Act was introduced in 1939.

 

This outcome was achieved as a result of the remarkable support of councils, libraries and communities across the state. Over 80% of NSW councils formally endorsed the Renew Our Libraries campaign through council resolutions.

 

The NSW Public Libraries Association has requested the support of NSW councils in its advocacy to State Government to develop a sustainable funding model for NSW libraries.

 

Renew Our Libraries Phase Two has recently been launched https://renewourlibraries.com.au/ . Well known media and advocacy company Essential Media has been engaged to administer the campaign, the objectives of which are to:

 

·     Index the total increased state funding contribution to the Consumer Price Index (CPI) in perpetuity. Without indexation the actual value of state funding for NSW libraries will decline over time, leaving NSW councils to either meet the shortfall or reduce services.

 

·     Protect the new funding commitment by including all elements of the new state funding model in legislation through the Library Act and/or the Library Regulation. Currently, only the per-capita component of the funding model (increasing from $1.85 per capita to $2.85 per capita over the 4-year period 2019-20 to 2022-23) is included in library legislation, leaving 46% of the total funding for NSW libraries at risk.

 

Index the Funding  è Protect the Funding

 

These two simple measures will ensure that NSW councils continue to receive a significantly increased state government contribution to the operation of public libraries across the state, which will be protected by legislation and will not be subject to cost of living attrition over time.

 

This will also mean that the NSW Public Libraries Association, its member councils and libraries across the state can direct their funds and efforts to the ongoing support and development of high quality library services for NSW communities, rather than engaging in expensive and time consuming future funding campaigns.

 

This is Council’s opportunity to lock in the historic 2019 state funding increase for NSW libraries once and for all, thereby ensuring the future prosperity of the NSW public library network.

 

Accordingly, it is recommended that Council supports the NSW Public Libraries Association by formally endorsing Phase Two of the Renew Our Libraries Campaign to secure a sustainable funding model for NSW public libraries in perpetuity.

 

 

ITEM 9 - NOVEMBER 2019 LOCAL TRAFFIC COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

For Council to ratify the recommendations of the committee

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a - Provide quality administrative support and governance to councillors and residents

Annexures

1.  November Traffic Committee Meeting Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 1083322

 

 

Recommendation

 

THAT Council ratify the recommendations of the November 2019 Local Traffic Committee.

 

Acting Director of Engineering & Technical Services' REPORT

 

Attached are the minutes of the Local Traffic Committee meeting (LTC) held 21 November 2019. The items addressed and their associated recommendations are as follows:

 

Item 3. Newcrest Orange Challenge Bike Ride 2020 on 22-03-2020 (6:00am-5:00pm)

·    That Council approve the request subject to:

o Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.5 August 2018) for a Class 2 event.

o The event organisers are to maintain appropriate and adequate traffic measures for the safe movements of all road users and participants on all roads impacted by the event or management of the event.

o All participants must be briefed prior to the event about the need to comply with the Road Transport Act 2013 and Road Rules 2014.

o Written approval being obtained from NSW Police.

o Written approval being obtained from all affected Local Government and State Government Authorities.

o The event organiser notifying all emergency services and other affected organisations of the event.

o The event organiser debriefing Council on the event. This includes notifying Council of all incidents or near misses that occur during the event.

o The event organisers are to conduct a letter drop to all affected residents and businesses advising of the event a minimum of seven (7) days prior to the event.

o The applicant shall advertise the event and road closure in a local paper at least seven (7) day prior to the event, with this advertisement to include the type of event, route, closures and date and times.  The advertisement is to be a minimum of ¼ page in size and to include contact phone numbers.

o Workers compensation for paid staff, personal accident for volunteers and insurance for theft, breakages will be the responsibility of the user.

o In the event of non-compliance to these conditions Council automatically withdraws its approval of the event.

o All documents requested must be submitted to Council by Friday 6 March 2020 and marked to the attention of Surendra Sapkota / Anantha Maddirala in the Technical Services Division.

 

Item 4. Cargo 2 Grenfell Fundraiser Walk from 12-03-2020 to 14-03-2020 

 

·    That Council approve the request subject to:

o Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.5 August 2018) for a Class 2 event.

o NSW Road Rules being observed by participants at all times.

o Written approval being obtained from NSW Police.

o Written approval being obtained from all affected Local Government Authorities.

o The event organiser notifying all emergency services, affected organisations and residents of the event.

o The event organiser debriefing Council on the event. This includes notifying Council of all incidents or near misses that occur during the event.

Item 5. Speed Advisory Sign Laneway Market Street, Molong

·      That Council respond to Timothy Dingwall that the laneway is a share road access and speed limit review would be confusing to Highway traffic. Hence providing speed sign of 15 kph on Laneway Market street is not accepted.

Item 6. Concealed Driveway Signs 3-5 Winderra Drive

·      That Council respond to Andrew Mackinney that the traffic survey including sight distance will be conducted by the Council.

Item 7.  Pedestrian Warning Signs – Bell Street, Yeoval

·      That Council respond to Bonnie Sue Mawbey that the inspection pictures showed minimal signs of pedestrian activity and hence not recommended for the installation of Pedestrian signs.

Item 8.  No Parking Message on Road, Anglican Church, Bank Street, Molong

·      That Council accepts the request to provide a box with hatchings to be painted on road as a message for no parking.

Item 9.  “Keep Clear” Signs at Disability Access Points in Eugowra

·      That Council accepts the recommendation of removing the white box painted on the road in front of the Pharmacy and providing a ramp suitable for disability access with blisters on either side. 

Item 10.  Truck Wash Entry & Exit from Mitchell Highway, Molong

·      That Council acknowledges the construction of the project depends on the availability of required funding.

Item 11. Proposed School Bus Extension at Mullion Creek

·    That council supply a letter of support subject to:

o Written approval or License received from Transport Authority of NSW to operate the school bus services in regional NSW.

o NSW Road Rules being observed by operators at all times.

o All National and State safety guidelines to conduct the school bus services in regional NSW are followed.

Item 12. Safe Cycling Mudgee Central West Cycle Way March 2020

·    THAT Council reject the request as the Event Organisers couldn’t specify the starting and finishing dates of the event. Guideposts have a specific function and are no provisions to use the posts for additional signs or decals associated with wayfinding. It’s not in accordance with the relevant standards and guidelines.  

 

 

 

 

ITEM 10 - ENTRANCE FEES AT VILLAGE POOLS

REPORT IN BRIEF

 

Reason For Report

To gain council approval for the charging of relevant entry fees to the village swimming pools.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.3.a - Maintain pools to safe operational standards

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\SERVICE PROVISION\SWIMMING CENTRES OR POOLS - 1082891

 

 

Recommendation

 

THAT Council:

1.  Approve the following entrance fees for Cudal, Cumnock, Manildra, Eugowra and Yeoval swimming pools:

Adult Daily                                 $3

Child Daily                                $2

Senior Citizen Daily                 $2

Family Day Pass                      $10

Family Season Pass               $125

Single Season Pass                $70

Child Season Pass                  $55

Senior Single Season Pass   $55

2.   Advertise the fees for a period of 28 days in accordance with the requirements of the Local Government Act (1993).

 

Director of Finance and Corporate Services' REPORT

 

Council has recently taken over the running of the village swimming pools. It is the responsibility of Council to set the entrance fees which are detailed in the recommendation.

 

The village swimming pools are situated in Cudal, Cumnock, Manildra, Eugowra and Yeoval. The running of them is different than the pools in bigger towns Canowindra and Molong, which are run by contractors under a legal agreement.

 

Previously the pools were run by individual section 355 committees. In order to mitigate risk and comply with legislation Council has taken over the running of these pools.

 

The amounts as recommended have been taken from generally the lowest fees charged in the village pools in past years.

 

 

ITEM 11 - BUILDING BETTER REGIONS FUND ROUND 4

REPORT IN BRIEF

 

Reason For Report

To inform Council of projects suitable to submit for funding under Round 4 of the Federal Government's Building Better Regions Fund

Policy Implications

Nil

Budget Implications

Up to $1,063,500 from Reserves

IPR Linkage

3.3.5.a. Review community need for new and upgraded facilities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 1083146

 

 

Recommendation

 

THAT Council:

 

1.   Submits the following projects for funding under Round 4 of the Building Better Regions Fund:

i.    Cabonne Council Playground Upgrades $400,000;

ii.   Cabonne Council Refurbishment of Public Toilet Amenities $300,000;

iii.  Molong Recreation Ground Lighting Upgrade $400,000;

iv.  Tom Clyburn Oval, Canowindra Lighting Upgrade $400,000;

v.   Cudal Showground Power & Water Upgrades $190,000;

vi.   Eugowra Medical Centre Redevelopment $252,000;

vii.  Construction of New Molong Showground Amenities Block $340,000.

 

2.   Provides the following contributions towards the cost of the projects, should the applications be successful, and that those contributions be funded from Council’s Reserves:

i.    Cabonne Council Playground Upgrades $200,000;

ii.   Cabonne Council Refurbishment of Public Toilet Amenities $150,000;

iii.  Molong Recreation Ground Lighting Upgrade $200,000;

iv.  Tom Clyburn Oval, Canowindra Lighting Upgrade $200,000;

v.   Cudal Showground Power & Water Upgrades $82,500;

vi.  Eugowra Medical Centre Redevelopment $96,000;

vii. Construction of New Molong Showground Amenities Block $170,000.

 

Community Engagement and Development Manager's REPORT

 

The Federal Government is currently seeking projects to be submitted for funding under Round 4 of its Building Better Regions Fund.

 

Funding is available in two streams:

 

1.   Infrastructure Projects Stream to build or improve infrastructure in drought affected areas;

2.   Community Investments Stream to improve community capabilities in drought affected areas.

 

Applications close 19 December 2019.

 

Council has identified seven projects that meet the guidelines for funding Infrastructure Projects Stream and which are sufficiently advanced to comply with the assessment criteria.

 

Grants of $20,000 to $10 million are available on a dollar-for-basis, with the applicants to provide 50 per cent or more of the project costs.

 

The Cabonne projects identified as being most suitable to submit for funding under this round are listed below.

 

The total cost of the projects is $2,212,000, requiring a 50 per cent contribution of $1,106,000. Although two of the proponents are able to make smaller co-contributions, Council would have to contribute up to $1,098,500 should all the funding applications be successful. Council would have to source these funds from reserves.

 

Project

Location

Proponent

Project estimated cost

Council contribution required

Contribution other than Council

Project readiness

Playground upgrades

Morris Park, Canowindra

Molong Recreation Ground

Mullion Creek Reserve

Yeoval Recreation Ground

Pillans Park, Molong

 

Cabonne Council

$400,000

$200,000

$0

No DA required; quotes sourced; upgrades sited within existing footprints

Refurbishment of public toilet amenities

Morris Park, Canowindra

Memorial Park, Cudal

Cabonne Council

$300,000

$150,000

$0

No DA required; quotes sourced; upgrades sited within existing footprints

Lighting upgrade

Molong Recreation Ground

Molong Advancement Group

$400,000

$200,000

$0

Detailed site assessment and quote provided

Lighting Upgrade

Tom Clyburn

Oval, Canowindra

Canowindra Community

$400,000

$200,000

$0

Site-specific quote to be sourced

Showground power & water infrastructure upgrades

Cudal Showground

Cudal Central & Cudal Pony Club

$190,000

$82,500

$12,500

No DA required; power upgrade will require Essential Energy approval once Level 3 design finalised; site specific quote and assessments undertaken

Medical Centre redevelopment

Eugowra

Eugowra Medical Centre Committee

$252,000

$96,000

$30,000

Cabonne Council and Basix approved; plans finalised and approved; itemised builder’s estimate

Construction of new showground amenities block

Molong Showground

Molong Show Society

$340,000

$170,000

$0

DA approved; quotes provided

Total cost

 

 

$2,282,000

$1,098,500

$42,500

 

 

A $377,000 project to upgrade Montana Park at Manildra was initially proposed by the Manildra and District Improvement Association (MADIA), but was not considered sufficiently developed to meet the BBRF guidelines. In discussions with MADIA representatives, it was agreed to defer submission of the project to a subsequent BBRF round. However, with the park upgrades being planned in stages, MADIA will continue to apply for funding for the various stages through other grant programs.

 

Yeoval Progress Association has advised they wish to submit an application to upgrade Yeoval Hall through the next round of the Drought Communities Fund.

 

Cumnock Progress Association has advised they do not wish to take on new projects, with the major upgrade of the Cumnock Recreation Ground still underway and the showground pavilion extension in its early stages.

 

Cargo Progress Association wish to update their three-year plan before submitting further funding applications, but some smaller projects may be suitable for the Drought Communities Program.

 

 

ITEM 12 - LOCAL GOVERNMENT TOURISM CONFERENCE 2020

REPORT IN BRIEF

 

Reason For Report

To determine Council's attendance at the 2020 Local Government Tourism Conference at Jindabyne, NSW.

Policy Implications

Nil

Budget Implications

Approximately $1,100 per delegate from Council's Tourism Budget

IPR Linkage

2.2.1.a. Promote strategies listed in the Tourism Plan

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\CONFERENCES\LGNSW TOURISM CONFERENCE - 1082258

 

 

Recommendation

 

THAT Council:

1.   Authorise Council’s Tourism and Community Development Coordinator to attend the NSW Local Government Tourism Conference in Jindabyne from 16-18 March 2020.

2.   Nominates a Councillor delegate or delegates to attend the NSW Local Government Tourism Conference in Jindabyne from 16-18 March 2020.

 

 

 

 

 

Community Engagement and Development Manager's REPORT

 

Council’s Tourism and Community Development Coordinator has provided the following report:

 

The 2020 Local Government NSW (LGNSW) Tourism Conference will be held from 16-18 March in Jindabyne with the support of Snowy Monaro Regional Council.

 

The Local Government Tourism Conference is an ideal platform for Councillors and tourism and events staff to receive professional development from industry experts, as well as discussing tourism-related issues with their peers and learning how other councils are engaging and managing their tourism industry and space.

 

In previous years, Council’s Tourism and Community Development Coordinator has attended this conference, along with Council’s delegate to the Cabonne Country Tourism Advisory Committee.

 

Council’s delegate to the Cabonne Country Tourism Advisory Committee is Cr Jenny Weaver.

 

Registration, travel and accommodation costs for delegates has not been released yet by LGNSW but it is estimated to be approximately $1,100 per delegate, as per previous years.

 

 

ITEM 13 - EVENTS ASSISTANCE PROGRAM 2019/20

REPORT IN BRIEF

 

Reason For Report

For council to consider applications for funding under the 2019/20 Events Assistance Program.

Policy Implications

Nil

Budget Implications

To be funded from the 2019/20 Events Assistance Program

IPR Linkage

4.4.1.b - Implement funding opportunities through the Events Assistance Program

Annexures

1.  F.O.O.D Week Inc - Event Assistance Program - 26-11-2019

2.  Rally Till it Rains - Events Assistance Program    

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2019 - 2020 - 1083022

 

 

Recommendation

 

THAT Council approve funding under the 2019/2020 Events Assistance Program (EAP) to the following events:

 

1.   2020 F.O.O.D Week Inc. for $5,000

2.   Rally till it Rains for Yeoval Christmas Dinner for $1000

 

 

Community Engagement and Development Manager's REPORT

 

Council has received two applications under the 2019/2020 Events Assistance Program (EAP) for events that promote Cabonne and that attracts visitors to the area.

 

Council’s Tourism and Community Development Coordinator has provided the following assessments.

 

 

Application 1

 

Event:                                                 F.O.O.D WEEK

Date:                                                   27 March – 5 April 2020

 

Requested Amount:                             $5,000

To be funded:                                                  A contribution towards the marketing and advertising of this event. Cabonne to be recognised and advertised in all promotional material and media.

 

Event Description

 

F.O.O.D Week is celebrating its 30th year and has been successful in expanding and promoting the region’s diverse local cool climate food and wine. Today F.O.O.D Week consists of over 95 individual events and 7 signature events that showcase the diverse food and wine of the region as well as the many local businesses and tourist attractions on offer.

 

F.O.O.D Week is vital in marketing the region’s produce, the farmers that grow and produce the food, the restaurants, chefs, cooks and caterers to an extensive reach that includes the Sydney and Canberra region and beyond.

 

The benefit of F.O.O.D Week to the region is extremely significant and includes:

 

·    Positive economic stimulus through spending in the local area

·    Huge media exposure and awareness of the region and attractions that help attract visitors during and after the event

·    Increases the profile and credibility as one of the country’s leading food and wine producing area.

·    Encourages collaboration and consultation amongst the region’s tourism industry which strengthens and presents new opportunities

·    Assists in education of the sector and its contribution towards a healthy sustainable future for the region and Australia

·    Increased visitation resulting in increased accommodation demand

 

During the event several thousand people will participate in the events and statistics from 2019 indicate that many who attend F.O.O.D Week return as visitors to the area. In 2019 the festival attracted 29,000 attendees compared to 26,000 in the previous year.

 

Income injected into the local economy is estimated to be over $9 million.

 

F.O.O.D Week Inc. has applied for $5,000 to support the marketing of this event. The sponsorship will go towards the printing of 10,000 copies of the program and the distribution in Sydney, Canberra, regionally and locally.

 

This year there are approximately 30 cellar doors, orchards, farm gates and businesses that are located in Cabonne and involved in F.O.O.D Week.

 

The F.O.O.D Week festival is viewed as an extremely valuable platform for the region’s tourism profile to raise awareness as a premium food and wine destination. It is more than a festival F.O.O.D Week promotes year-round visitation to the region.

 

Cabonne Council’s logo appears in all printed material, print advertising, the Cabonne banner will be erected at the night markets and Food Affair.

 

 

Assessment:

 

As F.O.O.D Week is a significant flagship event that meets the Events Assistance Program guidelines that provides for a maximum of $5,000.

Cabonne Council has allocated this amount in previous years to support the many events that F.O.O.D Week deliver and that are held in the Cabonne shire.

 

Application 2

 

Organisers                                         Rally Till it Rains

Event:                                                      Yeoval Community Christmas Dinner

Date:                                                   20 December 2019

 

Requested Amount:                             $2,000

To be funded:                                        The support will highlight Cabonne Council’s commitment to the local community during the ongoing drought.

 

Event Description

 

The Yeoval Community Christmas dinner is for all Yeoval and district residents, as a means to support the community during the ongoing drought.  

 

The aim of the funding is social support to reduce costs to ensure residents do not have to pay or reduce payment so that residents can afford to attend. Carols will be performed in Buckinbah Park Yeoval by local performers.  

 

The community organisers estimate 250-300 attendees to the Yeoval Christmas dinner and that as much produce as possible will be purchased locally to boost the economy.

 

A number of community groups supporting this event, including Yeoval Central School, Yeoval Progress Association, Yeoval Men’s Shed, Yeoval Baptist Church and Yeoval Dance Group

 

Assessment:

 

The Rally Till it Rains Christmas Dinner that falls under the Yeoval Progress Association organization and meets the Events Assistance Program guidelines of a developing event for which the level of funding is up to $500. However, in looking at similar events for Cabonne communities and given the consideration to the drought it is recommended that $1000 is provided.

 

 

Events Assistance Program Expenditure

 

 

2019 - 2020 Funding Allocation                                                 $53,803

 

 

23 July               Canowindra Baroquefest                                         $2,000

23 July               Melbourne Cup Visits Yeoval                                  $2,000

23 July               Canobolas Endurance Riders                                $1,000

23 July               The Canowindra Phoenix Christmas in July        $500

27 August          2019 Orange Wine Festival                                     $5,000

27 August          PINK UP Molong                                                       $2,000

27 August          NSW Disc Golf Championships                             $500

24 September   Australian National Field Days                               $2,500

24 September   Eugowra Murals Weekend                                      $2,000

24 September   Fanny Lumsden Country Halls Tour                      $500

24 September   Molong’s Banjo Paterson’s Dinner                        $1,000

22 October        Molong Bowling Club                                               $1,500

22 October        Manildra Christmas Party                                        $1,000

26 November    Australian Stock horse Society Camp                            $2,400

26 November    Cumnock Long White Lunch                                  $1,000

26 November    Banjo Paterson Poetry Festival                              $1,000

26 November    Bite Riot Orange Apple Festival                             $1,000

26 November    Mullion Creek Christmas Party                               $400

26 November    CCTAC Christmas Lights Competition                  $500                            

 

 

 

Total Expenditure                                                                                $27,800

Funds Remaining                                                                                $26,003

 

 

ITEM 14 - MOLONG TRUCK WASH PROJECT

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval not to proceed with the construction of Molong Truck Wash Project and for the termination of the Deed executed between the Council and the funding agencies.

Policy Implications

Nil

Budget Implications

Capital Funding will be adjusted in the next QBR by the relevant amount.

IPR Linkage

1.4.1.a - Construction of local roads

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\DESIGN AND CONSTRUCTION\CONTRACT No 1008628 - CONSTRUCTION OF TRUCK WASH FACILITY, MOLONG NSW 2866 - 1080274

 

 

Recommendation

 

THAT Council:

1.  Communicate with the funding agencies to terminate the Deed associated with the Molong Truck Wash Project based on the following report.

2.  All progress payments or milestone payments paid so far to the Council as described in the following report be returned as per the deed to the funding agencies.

 

Technical Services Manager's REPORT

 

Background:

In accordance with the Molong Truck Wash Funding Deed initially signed between the Cabonne Council and the funding agencies, the scope of the works are as follows:

·    Construction of a single bay (32m x 5m) covered truck wash and effluent disposal pit,

·    A treatment system including a three bed solids trap and dosing and aeration tanks before disposal into the Molong Sewerage Treatment Plant (STP),

·    The effluent will be discharged to the secondary treatment, bioreactor system consisting of a series of poly tanks,

·    Installation of lighting and AVDATA,

·    There is a contingency to widen the bay in the future to allow for a double bay wash. This includes the ability for B Double to enter and turn off both bays easily.

The approved funding amounts are:

 

Approved Funding

Restart NSW Funding Contribution

 $              252,530.00

Federal Government Funding Contribution

 $              252,530.00

Council Funding Contribution

 $              256,410.00

Total Approved Funding

 $              761,470.00

 

Survey and Design

Council engaged Designs at M for the survey and design of civil, structural, electrical and wastewater pre-treatment components of the Truck Wash facility for B-Double in line with scope of works of the funding Deed including the design of the intersection upgrade of Mitchell Highway and Market Street. Designs at M completed the design as per the initial scope of works.

 

During this time, Council was requested by Livestock, Bulk and Rural Carriers Association (LBRCA) to modify the design to suit A-Double and B-Triple livestock trucks and to diversify the use of facility. LBRCA is a community of transport operators delivering Australia’s essential agricultural products throughout country NSW. Council’s management also agreed to diversify the use of facility and to accommodate A-Double and B-Triple livestock trucks in the design.

 

Accordingly, Council managed the design of the facility to accommodate the A-Double and B-Triple livestock including the corresponding waste treatment facility. The final design comprised of covered double bay truck wash (55m x 14.8m – total bay size) with pretreatment facility (32.3m x 10m) to accommodate the said livestock trucks. The pre-treated wastewater from the truck wash facility is finally treated in the nearby Molong sewage treatment plant. The final design also includes the upgrade of the intersection of Mitchell Highway and Market Street and widening of the highway and street.

 

After completion of the final design, the design and construction cost for this two-bay truck wash facility accommodating A-Double and B-Triple livestock trucks is estimated as $3,056,297.50, which includes 15% overhead and 15% contingencies. This cost also includes costs of roads design and construction at the intersection of Mitchell Highway and Market Street and pre-treatment facility.

 

Capital Expenditure Estimate

Separable Portion

Estimate

Estimate plus Contingency (15%)

1 – Truck Wash

$              1,319,000

$               1,516,850

2 – Road Works

$                 707,000

$                  813,050

Total

$              2,026,000

$               2,329,900

Funding Available

$                 512,123

$                  512,122

Funding Needs

(Total – Avail.)

$              1,518,877

$              1,817,778

3 – Roof Structure

$                 285,000

$                  327,750

 

For the commencement and completion of construction of the facility, an additional amount of $1,817,778 is required to be approved by the Council after utilization of the approved total funding amount.

 

Furthermore, analysis has been undertaken with regard to annual income and expenditure, indicating an annual loss of $15,628 form operation of the facility.

 

Annual Expenditure (2019)

Operations & Maintenance

$               127,059

Depreciation

$                 30,563

Total Annual Expenditure

$               157,622

Annual Income (2019)

Operation of Truck wash

$                  141,994

Total Annual Income

$                  141,994

Annual Difference

$                  - 15,628

 

Further Funding Availability

A request has been forwarded to Infrastructure NSW requesting advice on the availability of funding both under RESTART funding, and other funding streams. The returned response indicated that there was no further funding available under RESTART funding program.

 

Any further funding is subject to relevant funding streams becoming available and successful application for this funding. It is unknown at this stage, how long this will take.

 

Options

There are three options available to Council with regards to this matter:

 

Proceed with project delivery – This will require the extension of time for the contract deed, which will be negotiated with Infrastructure NSW, and the funding of the additional $1,561,368 to deliver the truck wash facility. Council has already funding $256,410 for the project.

 

Proceed with project subject to external funding- This will require the extension of time for the contract deed, which will be negotiated with Infrastructure NSW, and the funding of the additional $1,561,368 will need to be sourced through external grants. This could be considered an unlikely endeavor and will more than likely only delay the project.

 

Abandon the project – Council may abandon the project under the funding provisions, with written notice to Infrastructure NSW. Costs to date will be borne by Council, and all funds paid to Council to date returned.

 

 

Conclusion

 

Considering the total project cost and the utilisation of the said truck wash facility, this project does not appear to be financially viable.

 

Based on the above explanation, Council is recommended not to proceed with the construction of the truck wash facility and communicate with the funding agencies accordingly for the termination of the Deed and repay, as per the Deed, the funding agencies all progress payments or milestone payments paid so far to the Council. The repayment to the funding agencies will be from the approved budget allocated as the Council contribution for the project.

 

 

ITEM 15 - DETAILED INVESTIGATION AND DESIGN OF MOLONG TOWN LEVEE

REPORT IN BRIEF

 

Reason For Report

For the approval of Council's contribution for detailed investigation and design of Molong Town Levee in accordance with the terms set out in the Office of Environment and Heritage Funding Agreement.

Policy Implications

Nil

Budget Implications

$87,666.67 to be allocated from Council reserve.

IPR Linkage

5.2.2.c - Implement Molong Floodplain Management Plan

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION\MOLONG FLOODPLAIN - 1083601

 

 

Recommendation

 

THAT Council approve $87,666.67 from Council reserve as Council contribution for detailed investigation and design of Molong Town Levee in accordance with the terms set out in the Office of Environment and Heritage Funding Agreement as described in the following report.

 

Technical Services Manager's REPORT

 

This Molong Town Levee project seeks to undertake a detailed investigation into the options outlined in the recently commissioned Molong Town Levee Feasibility Study. The finalised study contains three alignment options, with a further three options relating to Annual Recurrence Intervals of 5 years, 20 years and 50 years. The area of concern is within the township of Molong, immediately surrounding Molong Creek. The aim of this project is to fully explore the options to hand and identify the best possible plan to proceed with. Community Consultation will occur to confirm the supported option, then detailed design for that option will be undertaken. This process will deliver a considered plan for the future of Floodplain Management in Molong.

In line with this, Cabonne Council had submitted an application for funding to Office of Environment and Heritage (OEH) on 20 March 2019 for the detailed investigation and design of Molong Town Levee.

In response to the application, Council has been awarded a grant under the NSW Government Floodplain Management Program. The offer is subject to Council undertaking to meet the balance of funds for the project. The estimated total cost associated with detailed investigation and design of Molong Town Levee during the funding application is $263,000.00.  The maximum grant funding amount awarded under the NSW Floodplain Management Program is $210,400.00 with a funding ratio 2:1 (OEH Grant : Council Contribution). The Funding term completion date is 30 June 2022.

In accordance with the terms set out in the Funding Agreement, Council is required to contribute $87,666.67 (one third of the total estimated cost) to meet the balance of the estimated cost ($263,000.00) for the project.

Molong Creek has a relatively narrow floodplain at Molong and most of the town is located on higher ground above the floodplain. However, much of the commercial area and some residential development lies within the floodplain. Molong Creek flooding and local drainage issues commence to impact the Molong township for events larger than around the 5 to 10 year ARI (20 to 10% AEP). A major Molong Creek flood occurred in November 2005 similar in magnitude to the 1% AEP event, followed by a major local storm in 2006 that caused flash flooding and highlighted a significant overland flooding problem within the town. Both events caused extensive damage to the central business district of the town and resulted in business closures and significant loss to the local economy over many weeks. Evacuations took place across several areas of the town and all of this raised concerns within the community, and Council, regarding the floodplain risk management measures applied within Molong.

This project proposes to carry forward momentum gained through the completion of a Flood Study and Feasibility report to conduct a more in depth investigation of the suggested options. Out of this investigation, the most suitable and supported option will be confirmed and a detailed design for implementation will be prepared.

It is recommended to approve $87,666.67 from Council reserve as Council contribution for detailed investigation and design of Molong Town Levee in accordance with the terms set out in the Funding Agreement.

 

ITEM 16 - DEVELOPMENT APPLICATION 2014/0114/04 - MODIFICATION TO EXTRACTIVE INDUSTRY, LOT 775 DP 813587, 1654 THE ESCORT WAY, BORENORE

REPORT IN BRIEF

 

Reason For Report

To obtain council consent to modify development consent applying to DA 2014/0114

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire

Annexures

1.  Draft conditions of approval DA 2014 114 4    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0114 - 1068310

 

 

Recommendation

 

THAT Modification Application DA 2010/0114/04 for increased extraction at Bald Hill Quarry located upon Lot 775 DP 813587, 1654 The Escort Way, Borenore, be granted consent subject to the conditions attached to the planning assessment report.

 

 

Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received.  Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the modification application 2014/114/4 for an extractive industry on Lot 775 DP 813587, 1654 The Escort Way, Borenore, being land known as Bald Hill Quarry.  

 

The application has been referred to the Council for determination as submissions have been received.

 

It is recommended that the modification application be approved subject to the attached modified conditions of consent.

 

Applicant: Hamcon Civil

Owner:               Formerly MA & SL Hammond and currently WJ Maas

Proposal:  Modification of consent for extractive industry

Increase in annual extraction rate from 60,000 tonnes per annum to 150,000 tonnes per annum

Location:   Lot 775 DP 813587, 1654 The Escort Way, Borenore

Zone:                  RU1 Primary Production

 

 

BACKGROUND

 

Quarry activity has been established upon the subject land for over 70 years. State government legislation introduced in the 1990s required mines and quarries to obtain development consent under the Environmental Planning & Assessment Act. A State Environmental Planning Policy was introduced in 2007 to guide planning assessment of mining, petroleum production and extractive industries.

 

A Development Application was approved by Cabonne Council on 7 March 1994 vide DA 93/183 for establishment of a commercial gravel quarry upon the subject land. Extraction of up to 15,000 cubic metres of gravel per annum was permitted under the approval. Approval permitted the extraction of gravel from the quarry pit, processing on-site of material, storage of material on site, and transport of processed aggregate off site.  The approval also incorporated requirements for site sediment/erosion control, site rehabilitation and environmental management.

 

The quarry occupies an area of approximately 5ha of the overall 96ha rural holding. A dwelling is located on the southern side of the property. Access to the farm, the residence and the quarry is gained from a shared access off The Escort Way.

 

Council’s delegated approval was granted to DA 2014/114 on 17 March 2014, to increase the quarry production from 15,000 cubic metres per annum to 30,000 cubic metres (approx. 60,000 tonnes) per annum. The increase in production did not require expansion of the quarry footprint, its processing operation, its ancillary infrastructure or its environmental management.

 

The development consent has subsequently been modified, with council approval granted on 28 July 2015 to realign a section of internal haul road, construct a new intersection to service the adjusted haul road and its junction with The Escort Way, provide for maximum vehicle movements to / from the site rather than a daily average figure of truck movements, and as a result of a neigbourhood complaint – to review the hours of operation of the quarry to reflect cumulative use of the property by light vehicles, trucks, services vehicles, farm and domestic vehicles.

 

Further modification approvals issued in 2018 granted permission for a minor increase in the footprint of the quarry to achieve a quarry wall batter finished gradient of 5:1 as required by the terms of the development consent, and approval for blasting to be undertaken at the quarry a maximum of four (4) times per year.

 

Under part 4 of the Environmental Planning & Assessment Act extractive industries may require development consent. Schedule 3 of the regulations applies and establishes criteria for determination of development deemed likely to have environmental impact. Such development is described as designated development. Clauses 35 & 36 of Schedule 3 of the regulations permit development assessment of certain activities without requiring an Environmental Impact Study (a requirement of designated development), when the proposed development does not significantly increase the environmental impacts of the total development (that is the existing development together with the additions or alterations).

 

As the proposed modification is to remain generally within the footprint of the approved existing quarry, and no significant physical changes are required to facilitate the increased extraction, the council was satisfied that the development could be assessed by merit based consideration of a Statement of Environmental Effects.

 

An Environmental Protection Licence (EPL) was issued in October 2014 by the NSW Environment Protection Authority (EPA) to regulate the various component activities of the approved extractive industry. The proponent (Hamcon Civil) commenced operation under the 2014 approvals and had been working with council, EPA and RMS to address the required conditions of development consent and the EPL conditions.

 

During 2019 Maas Group Pty Ltd purchased shares in Hamcon Civil Pty Ltd, and Regional Hardrock (Orange) Pty Ltd purchased the subject property previously held by MA & SL Hammond of Hamcon Civil. The Director / Secretary of Hamcon Civil Pty Ltd and Regional Hardrock (Orange) Pty Ltd is identified as Wesley J Maas. 

 

THE PROPOSAL

 

The applicant seeks to modify the 2014 development consent for an extractive industry (gravel quarry) on Lot 775 DP 813587 to increase the annual extraction rate of material from the quarry from the approved 60,000 tonnes per annum to 150,000 tonnes per annum, being an increase in production of 90,000 tonnes per annum.

 

The proposal would comprise of the following:

·    Extraction from an area of approximately 5ha to a depth floor level of 750m AHD of volcanic siltstone and limited volumes of overburden

·    Production of up to 150,000 tonnes per annum of siltstone products for a period of 36 years

·    On site crushing, screening and stockpiling of extracted material to produce a range of aggregate and crushed stone products

·    Continued use of the existing internal haul road and intersection with The Escort Way

·    Transportation of material / product off site using 19m maximum truck and dog combination vehicles

·    Minor establishment and augmentation of ancillary infrastructure, including bund walls, water management structures and fencing

·    Construction and rehabilitation of a final landform that would be geo-technically stable and would be suitable for a final land use of intermittent grazing consistent with the current surrounding rural land use.

·    An increase in vehicle movements to and from the site as a result of the increased extraction volumes proposed was initially identified and later revised such that there would be a nil increase in traffic generation

·    Increased volumes of water would be required to suppress dust during reconstruction of the bund walls, and for site dust suppression including stockpiles.

 

The proposal includes the following site works:

·    Extension of the southern and eastern boundaries of the quarry by approximately 2,400m²

·    Removal of existing bund walls and vegetation within the proposed expansion area (including removal of established White Box trees)

·    Reconstruction of the bund walls and re-planting of vegetation

·    Extraction from base floor level 759.5 (as at 31 August 2018) to a depth of base floor level 750 AHD

 

No other changes to the site and surrounds are proposed by the modification application.

 

 

Site Map

Site map

 

9702657Aerial view of subject land

 

 

Aerial view of quarry

 

The extractive industry (quarry) is located at the northern end of the subject property. The remainder of the holding is utilized as a grazing enterprise.

 

The quarry operation involves the extraction of a shale rock from the hillside quarry site. Gravel is fractured and removed by a front end loader, while deeper, less fractured areas may require ripping by excavator or dozer.  Blasting may occur up to four (4) times per year to win the resource material.

 

The material is further processed onsite via a crushing and screening plant to create different sized gravel depending on its proposed use. On-site processing has in the past also included crushing and blending of small quantities of demolition material (ie bricks and concrete) to decrease product plasticity. This process requires material to be transported to the site for storage and processing. The blended material accounted for 3 to 5% of the finished product.

 

Processed aggregate is stock piled onsite, for sale or use off-site. It is transported off-site using a standard 19m truck and dog, carrying approximately 16 cubic metres.

 

The quarry foot print and associated sediment ponds, bund walls and perimeter landscaping vegetative utilizes approximately 5ha of the 96ha holding. Ancillary infrastructure to the quarry includes an internal haul road.

 

 

LEGISLATIVE REQUIREMENTS

Environmental Planning & Assessment Regulation 2000 - Designated and integrated development

 

Designated development

Development described in Part 1 of Schedule 3 of the Environmental Planning and Assessment Regulation 2000 is declared to be designated development for the purpose of the Environmental Planning and Assessment Act, 1979, unless it is declared not to be designated development by provision of Part 2 or 3 of that schedule.

 

Clause 19 of Schedule 3 designated development defines extractive industries as follows:

 

19 (1) Extractive industries (being industries that obtain extractive materials by methods including excavating, dredging, tunnelling or quarrying or that store, stockpile or process extractive materials by methods including washing, crushing, sawing or separating):

 

(a) that obtain or process for sale, or reuse, more than 30,000 cubic metres of extractive material per year, or

(b) that disturb or will disturb a total surface area of more than 2 hectares of land by:

(i) clearing or excavating, or

(ii) constructing dams, ponds, drains, roads or conveyors, or

(iii) storing or depositing overburden, extractive material or tailings, or

(c) that are located:

(i) in or within 40 metres of a natural waterbody, wetland or an environmentally sensitive area, or

(ii) within 200 metres of a coastline, or

(iii) in an area of contaminated soil or acid sulphate soil, or

(iv) on land that slopes at more than 18 degrees to the horizontal, or

(v) if involving blasting, within 1,000 metres of a residential zone or within 500 metres of a dwelling not associated with the development, or

(vi) within 500 metres of the site of another extractive industry that has operated during the last 5 years.

(2) This clause does not apply to:

(a) extractive industries on land to which the following environmental planning instruments apply:

(i) Sydney Regional Environmental Plan No 11--Penrith Lakes Scheme ,

(ii) Western Division Regional Environmental Plan No 1--Extractive Industries , or

(b) maintenance dredging involving the removal of less than 1,000 cubic metres of alluvial material from oyster leases, sediment ponds or dams, artificial wetland or deltas formed at stormwater outlets, drains or the junction of creeks with rivers, provided that:

(i) the extracted material does not include contaminated soil or acid sulphate soil, and

(ii) any dredging operations do not remove any seagrass or native vegetation, and

(iii) there has been no other dredging within 500 metres during the past 5 years, or

(c) extractive industries undertaken in accordance with a plan of management (such as river, estuary, land or water management plans), provided that:

(i) the plan is prepared in accordance with guidelines approved by the Secretary and includes consideration of cumulative impacts, bank and channel stability, flooding, ecology and hydrology of the area to which the plan applies, approved by a public authority and adopted by the consent authority and reviewed every 5 years, and

(ii) less than 1,000 cubic metres of extractive material is removed from any potential extraction site that is specifically described in the plan, or

(d) the excavation of contaminated soil for treatment at another site, or

(e) artificial waterbodies, contaminated soil treatment works, turf farms, or waste management facilities or works, specifically referred to elsewhere in this Schedule, or

(f) development for which State Environmental Planning Policy No 52--Farm Dams and Other Works in Land and Water Management Plan Areas requires consent, or

(g) maintenance dredging of alluvial material from oyster leases and adjacent areas in Wallis Lake, but only if the dredging is undertaken in accordance with the document entitled Protocol for Wallis Lake Oyster Lease Maintenance Dredging approved by the Secretary and published in the Gazette, as amended by the Secretary from time to time by publication of an amended Protocol in the Gazette.

 

The development is defined as an extractive industry. The operational quarry has an area of 5ha.

 

Part 2 of the schedule addresses alterations and addition and whether such are designated development.

 

Clauses 35 and 36 of the schedule apply to this development:

 

Clause 35 - Is there a significant increase in the environmental impacts of the total development?

Development involving alterations or additions to development (whether existing or approved) is not designated development if, in the opinion of the consent authority, the alterations or additions do not significantly increase the environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development.

Note: Development referred to in this clause is not designated development for the purposes of section 77A of the Act. This means that section 98 of the Act (Appeal by an objector) will not extend to any such development even if it is State significant development.

Comment: The proposed modification seeks to increase the extraction rate of the extractive industry, however will be operating in accordance with the existing operation constraints being the hours of operation, the limit on truck movements and the footprint (aside from the proposed minor extension). The applicant has demonstrated that the proposed modification will not result in significant environmental impacts, with biodiversity and noise assessments being undertaken that outline that the proposal can be undertaken without an adverse (or significant increase) in the environmental impact arising from the extractive industry. The 3 prior modifications (DA2014/0114/1-3) have had negligible environmental impacts on top of the original 2014 approval. Therefore, Council as the consent authority has formed the opinion that the proposed development comprises alterations and additions and can proceed as a modification pursuant to clause 4.55(2) of the Environmental Planning and Assessment Act 1979.

 

36 Factors to be taken into consideration

In forming its opinion as to whether or not development is designated development, a consent authority is to consider:

(a) the impact of the existing development having regard to factors including:

(i) previous environmental management performance, including compliance with the conditions of any consents, licences, leases or authorisations by a public authority and compliance with any relevant codes of practice, and

(ii) rehabilitation or restoration of any disturbed land, and

(iii) the number and nature of all past changes and their cumulative effects, and

 

(b) the likely impact of the proposed alterations or additions having regard to factors including:

(i) the scale, character or nature of the proposal in relation to the development, and

(ii) the existing vegetation, air, noise and water quality, scenic character and special features of the land on which the development is or is to be carried out and the surrounding locality, and

(iii) the degree to which the potential environmental impacts can be predicted with adequate certainty, and

(iv) the capacity of the receiving environment to accommodate changes in environmental impacts, and

 

(c) any proposals:

(i) to mitigate the environmental impacts and manage any residual risk, and

(ii) to facilitate compliance with relevant standards, codes of practice or guidelines published by the Department or other public authorities.

 

Comment: The existing extractive industry has overall had minimal impact on the surrounding area. The subject site has operated as a quarry intermittently for approx. 70 years, with a formal approval being issued in 1993 to establish the quarry as a commercial operation. Since the quarry has been formally operating (1993), the site had generally operated within the conditions of consent and the EPA license. Where there have been breaches in the past, the applicant has been informed, and the issues rectified. Recently (early - mid 2019) there have been breaches in regard to hours of operation and the extraction rate, this has also triggered a breach of the EPA license, with the alterations and additions of this modification seeking to rectify the breaches and allow for an increased extraction rate. Over the operation of the extraction industry (approx. 26 years) there has been substantial compliance with conditions of consent and the EPA license.

 

As part of the original approval, and subsequent modifications, there has been an on-going rehabilitation plan in place for the quarry. The rehabilitation plan is progressively being implemented and will result on the returning of the site to an agricultural lot, as it was prior to quarrying activities commencing.

 

There have been three (3) prior modifications to the development consent as follows:

·    DA2014/0114/1: Approval to introduce the blending of construction materials with onsite gravel as well as to realign a section of internal haul road, construct a new intersection to service the adjusted haul road and its junction with The Escort Way.

·    DA2014/0114/2: Approval for a minor increase in the footprint of the quarry (2400m2) to achieve a quarry wall batter finished gradient of 5:1 as required by the terms of the development consent.

·    DA2014/0114/3: Approval for blasting to be undertaken at the quarry a maximum of four (4) times per year.

 

The changes to the original 2014 development consent that have been approved via the three (3) modifications have all been relatively minor in nature, with the most significant modification allowing for blasting four (4) times a year to allow for easier extraction of the harder rock formation. Council is of the opinion that the modifications, approved thus far, have had a relatively minor cumulative impact to the extractive industry.

 

The proposed modification seeks to increase the extraction rate to 150,000T per annum, an increase of 150% on the current approval of 60,000T. The proposed quarrying operations will substantially be contained within the existing footprint of the quarry, with an extension of 2400m2 being sought as part of the approval. The applicant has contended that the site can operate within the existing constraints (being the hours of operation and the number of truck movements per day) with the increased extraction rate.

 

Reports have been prepared in regard to the existing vegetation and biodiversity qualities of the lot, and although there is vegetation removal required as part of this modification (to allow for the 2400m2 expansion), the removal is of an isolated strand of vegetation, and will not have a broader impact on the biodiversity qualities of the area. In addition, noise assessments were undertaken that modelled the proposed increased extraction rate against existing operations. The assessment projected that the increased extraction rate would not adversely impact the noise generated from the extractive industry, and that all noise would be within legislative requirements. Existing dust suppression techniques are to continue on site to ensure that there are no dust issues arising from the development. Given there is no increase in truck movements leaving the site, and only a minor increase in the footprint of the quarry, Council is satisfied that the development will not significantly increase the potential for dust to be raised. 

 

The environmental impacts arising from the development can be predicted relatively certainly based on modelling of the projected site operations. Whilst there is a degree of error within the modelling of the projected increased extraction rate, Council is satisfied that the assessments of the environmental impacts presented suitably demonstrate that the proposed modification will not have an adverse environmental impact.

 

The applicant has identified that the development will have minimal additional environmental impact and will still operate in accordance with all legislative requirements as well as the development consent (as modified). The applicant would be required to amend their EPA license to reflect the modified extraction rate.

 

Based on the above assessment arising from the criteria under Clause 35 and 36 of Schedule 3 of the Environmental Planning and Assessment Regulation 2000, Council as the consent authority is of the opinion considers that the proposed development comprises alterations and additions as proposed in this modification (as well as the previous modifications to the Development Consent)to the existing extractive industry and therefore does not require assessment as Designated Development.

 

INTEGRATED DEVELOPMENT:

 

Fisheries Management Act 1994

No

Heritage Act 1977

No

Mine Subsidence Compensation Act 1961

No

National Parks & Wildlife Act 1974

No

Protection of the Environment Operations Act 1997

Yes

Roads Act 1993

No

Rural Fires Act 1997

No

Water Management Act 2000

No

 

An amended Environment Protection Licence under s47 of the Protection of the Environment Operations Act 1997 would be required upon consent of the proposed modified development.

 

MATTERS FOR CONSIDERATION

Section 4.55 of the Environmental Planning and Assessment Act 1979 applies to modification applications where some environmental impact may occur. Council may consider an application under s4.55(2) of the Act if it is satisfied that the development complies with the below requirements:

 

(2) Other modifications 

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if—

(a)  it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

(b)  it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

(c)   it has notified the application in accordance with—

(i)         the regulations, if the regulations so require, or

(ii)        a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d)  it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

 

Subsections (1) and (1A) do not apply to such a modification.

 

When assessing an application for a modification, an assessment must be undertaken in comparing the original approval to the proposed modification to determine if the development is still ‘substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified’ in accordance with 4.55(2)(a). 

 

The original development consent, granted in 2014, was for:

·    the extraction of 30,000m2 from the subject site (The extraction limit equated to 60,000T).

·    The proposed extractive industry was to remain within the footprint of the existing quarry (approved as per DA1993/183).

·    The application did not propose any drilling or blasting with all gravel to be extracted via mechanical means (bulldozer or excavator as required).

·    Approval was granted for a maximum 24 truck movements per day in ‘Truck and Dog’ formation.

·    Approved hours of operation were 7am to 6pm Monday to Friday and 8am to 4pm on Saturday, with no activities proposed for Sundays or Public Holidays.

 

The application has since been modified three (3) times:

·    DA2014/0114/1: Approval to introduce the blending of construction materials with onsite gravel as well as to realign a section of internal haul road, construct a new intersection to service the adjusted haul road and its junction with The Escort Way.

·    DA2014/0114/2: Approval for a minor increase in the footprint of the quarry (2400m2) to achieve a quarry wall batter finished gradient of 5:1 as required by the terms of the development consent.

·    DA2014/0114/3: Approval for blasting to be undertaken at the quarry a maximum of four (4) times per year.

 

In each instance Council was satisfied that the development remained substantially the same development as was originally approved as per DA2014/0114 in 2014.

 

As addressed above, the current modification application seeks to:

·    Increase the approved area of the quarry by approx. 2400m2

·    Increase the extraction rate to 150,000T

·    Removal of existing bund walls and vegetation within the proposed expansion area (including removal of established White Box trees)

·    Reconstruction of the bund walls and re-planting of vegetation

·    Extraction from base floor level 759.5 (as at 31 August 2018) to a depth of base floor level 750 AHD (it should be noted that previous development consents did not impose a depth or number of years on the development consent).

 

An overview of the modifications of DA2014/0114 is outlined in the table below:

 

Approval

Extraction Rate

Hours of operation

Truck Movements

Area of Quarry

2014/0114

30,000m3 or 60,000T per annum

7am-6pm Monday- Friday

8am-4pm Saturday

24 per day

Unchanged from DA1993/0183

2014/0114/1

30,000m3 or 60,000T per annum

Unchanged

Unchanged

 

Unchanged

2014/0114/2

30,000m3 or 60,000T per annum

Unchanged

Unchanged

 

Increase of 2400m2

2014/0114/3

30,000m3 or 60,000T per annum

Unchanged

Unchanged

 

No change from DA2014/0114/

2014/0114/4

150,000T

 

Unchanged

Unchanged

Increase of 2400m2

 

The minor increase to the approved footprint (4800m2 since the original approval under DA2014/0114) remains substantially the same development in regard to the physical area on site.  It should be noted that the original 2014 approval did not place a lifetime on the quarry, nor did it state the limitations in regard to the depth of extraction. This proposed modification seeks to impose those limitations.

 

The development does not seek to increase the amount of traffic than what was approved as per the original application (DA2014/0114). The approval will remain at 24 vehicle movements a day (being 12 truck movements in and out of the lot per day).

 

The applicant does not seek to increase the hours of operation above what was approved in the original application (DA2014/014) with all site operations occurring within the existing approved hours as outlined above.

 

Whilst the extraction rate is proposed to significantly increase (by 150% from the original 2014 approval), the proposed modification, in conjunction with the 3 subsequent modifications (as outlined above), still remains an extractive industry on the subject site, operating substantially as originally approved in 2014. Therefore, Council as the consent authority, is satisfied that the proposal is substantially the same development as was approved in 2014, and that the development complies with Clause 4.55(2)(a) of the Environmental Planning and Assessment Act 1979.

 

In accordance with s4.55(2)(b) and (c) of the Act, the application was referred to the relevant state agencies for comment, and neighbourhood notified as per Schedule 1 of the Act. Both the Environmental Protection Authority and Roads and Maritime Services provided revised General Terms of Approval (GTA’s) based on the proposed modification. Should the application be approved, the GTA’s will be incorporated into the modified development consent.

 

In addition, three (3) submissions were received during the notification period, with a subsequent submission being received outside of the notification period. The issues raised in all the submissions have been considered and addressed under Section 4.15(1)(d) of this report below, and therefore satisfies clause 4.55(2)(d) as per above.

 

Therefore, as Council is satisfied that the proposed modification complies with the requirements of Clause 4.55 (2), Council is able to approve the proposed modification.

 

In accordance with Clause 4.55(3) of the Act, an assessment under clause 4.15(1)(d) has been conducted below.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s4.15(1)(a)(i)

Cabonne Local Environmental Plan 2012

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

(a) to encourage development that complements and enhances the unique character and amenity of Cabonne, including its settlements, localities, and rural areas,

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Cabonne in a manner that allows present and future generations to meet their needs by implementing the principles of ecologically sustainable development,

(c) to facilitate and encourage sustainable growth and development that achieves the following:

(i) contributes to continued economic productivity, including agriculture, business, tourism, industry and other employment opportunities,

(ii) allows for the orderly growth of land uses while minimising conflict between land uses within the relevant zone and land uses within adjoining zones,

(iii) encourages a range of housing choices and densities in planned urban and rural locations that is compatible with the residential and rural environment and meets the diverse needs of the community,

(iv) promotes the integration of land uses and transport to improve access and reduce dependence on private vehicles and travel demand,

(v) protects, enhances and conserves agricultural land and the contributions that agriculture makes to the regional economy,

(vi) avoids or minimises adverse impacts on drinking water catchments to protect and enhance water availability and safety for human consumption,

(vii) protects and enhances places and buildings of environmental, archaeological, cultural or heritage significance, including Aboriginal relics and places,

(viii) protects and enhances environmentally sensitive areas, ecological systems, and areas that have the potential to contribute to improved environmental, scenic or landscape outcomes.

 

Clause 1.9A Suspension of covenants, agreements and instruments

This clause provided that covenants, agreements or other similar instruments that restrict the carrying out of development upon the subject land do not apply unless such are:

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

·    Any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

·    Any planning agreement made under Division 6 of Part 4 of the Environmental Planning & Assessment Act 1979

         

Mapping

The subject site is identified on the LEP maps in the following manner:

Land zoning map

Land zoned RU1 Primary Production

Lot size map

Minimum lot size 100 HA

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land

-     Vegetation on over cleared landscapes (Red Stringybark, Yellow box woodland & Blakeley’s Red Gum)

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

Not Applicable.

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012.  An extractive industry (gravel quarry) is permissible within this zone, subject to Council’s development consent.

 

 

Objectives of the RU1 Primary Production zone

The modified proposal is not contrary to the aims of the LEP or the objectives of the RU1 zone.  The development relates to and is consistent with the zone objectives which seek to:

 

·    To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

·    To encourage diversity in primary industry enterprises and systems appropriate for the area.

·    To minimise the fragmentation and alienation of resource lands.

·    To minimise conflict between land uses within this zone and land uses within adjoining zones.

·    To enable function centres, restaurants or cafes and appropriate forms of tourist and visitor accommodation to be developed in conjunction with agricultural uses.

 

The remainder of the 96ha holding continues to operate for agricultural production. The modification of the development consent will have no adverse impact upon the continued agricultural use of the property or adjacent land.

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

The objective of this clause is to maintain terrestrial biodiversity by:

 

a.   Protecting native fauna and flora, and

b.   Protecting the ecological processes necessary for their continued existence, and

c.   Encouraging the conservation and recovery of native fauna and flora and their habitats.

 

Lot 775 is identified as having terrestrial biodiversity, vegetation on over cleared landscapes (Red Stringybark, Blakely’s Red Gum, Yellowbox Woodland).

 

This terrestrial biodiversity is a small section of remnant vegetation on the southern end of the site, near to the road reserve. The quarry is approximately 1km from any vegetation.

 

The proposal will require removal of vegetation within the proposed quarry area (identified as tree stands 1, 2 and 3 on the site location map). Areas 1 and 2 are established tree lots relating to existing development consent requirements. Area 3 relates to a remnant stand of timber that is to be removed to facilitate the minor expansion of the quarry footprint.

 

The bund walls and landscaping are to be removed with new bund walls constructed around the modified quarry pit footprint, and perimeter landscaping established.

 

The modified proposal may have minor impact upon terrestrial biodiversity at the site by the removal of trees however this would be compensated by the planting of new landscape buffer areas.

 

REGIONAL ENVIRONMENTAL PLANS

 

There are no Regional Environmental Plans that apply to the subject land.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State Environmental Planning Policy (Rural Lands) 2008

The relevant aim of this policy relates to ‘measures designed to reduce land use conflicts’. The proposal is not contrary to the rural planning principles as noted in part 2 of the SEPP.

 

SEPP (Mining, Petroleum Production and Extractive Industries) 2007 applies to the State and specifies matters requiring consideration in an assessment of any mining, petroleum or extractive industry. The proposed quarry meets the relevant aims of the Policy with regard to orderly economic use of land, while addressing the ecological and environmental issues.

 

Under the SEPP the proposed development is defined as an extractive industry. The definition of an extractive industry is:

 

‘the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include:

 

(a) turf farming, or

(b) tunnelling for the purpose of an approved infrastructure development, or

(c) cut and fill operations, or the digging of foundations, ancillary to approved development, or

(d) the creation of a farm dam if the material extracted in the creation of the dam is used on site and not removed from the site.


"extractive material" means sand, gravel, clay, soil, rock, stone or similar substances but does not include turf.

 

In accordance with clause 7 of the SEPP extractive industry development is permissible with consent where agriculture may be carried out.  The subject land is zoned RU1 Primary Production by the provision of the Cabonne Local Environmental Plan 2012, and agriculture is a permissible use. Accordingly, the SEPP enables consent to be granted to the development subject to consideration of the matters contained in the SEPP.

 

Part 3 – Development Applications – matters for consideration

Compatibility of proposed extractive industry with other land uses.

Before determining an application for consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must:

(a) consider:

(i) the existing uses and approved uses of land in the vicinity of the development, and

(ii) whether or not the development is likely to have a significant impact on the uses that, in the opinion of the consent authority having regard to land use trends, are likely to be the preferred uses of land in the vicinity of the development, and

(iii) any ways in which the development may be incompatible with any of those existing, approved or likely preferred uses, and

(b) evaluate and compare the respective public benefits of the development and the land uses referred to in paragraph (a) (i) and (ii), and

(c) evaluate any measures proposed by the applicant to avoid or minimise any incompatibility, as referred to in paragraph (a) (iii).

 

The adjoining and surrounding land uses are predominantly agriculture (grazing). Several lifestyle allotments are located within the area. The Borenore Karst Recreation Area is situated south west of the subject land.

 

The subject land adjoins farm land on each of its boundaries. Given the continuous use of the quarry, the impact of the quarry modification would be minimal upon the agricultural land use in the vicinity of the site.

 

Subject to compliance with existing environmental management requirements, the modified development is not considered incompatible with the existing, approved or likely preferred uses of the area.

 

The quarry provides a resource supply of gravel to the local district. It is considered that the proposed continuation and increase in extraction of the quarry resource can be operating in a sustainable manner, without adverse impact upon adjoining land uses.

 

13 Compatibility of proposed development with mining, petroleum production or extractive industry

This clause applies to an application for consent for development on land that is, immediately before the application is determined:

 

(a)  in the vicinity of an existing mine, petroleum production facility or extractive industry, or

 

(b) identified on a map (being a map that is approved and signed by the Minister and copies of which are deposited in the head office of the Department and publicly available on the Department's website) as being the location of State or regionally significant resources of minerals, petroleum or extractive materials, or

Note: At the commencement of this Policy, no land was identified as referred to in paragraph (b).

 

(c) identified by an environmental planning instrument as being the location of significant resources of minerals, petroleum or extractive materials.

Note: Sydney Regional Environmental Plan No 9--Extractive Industry (No 2--1995) is an example of an environmental planning instrument that identifies land as containing significant deposits of extractive materials.

 

(2) Before determining an application to which this clause applies, the consent authority must:

 

(a) consider:

(i) the existing uses and approved uses of land in the vicinity of the development, and

(ii) whether or not the development is likely to have a significant impact on current or future extraction or recovery of minerals, petroleum or extractive materials (including by limiting access to, or impeding assessment of, those resources), and

(iii) any ways in which the development may be incompatible with any of those existing or approved uses or that current or future extraction or recovery, and

 

(b) evaluate and compare the respective public benefits of the development and the uses, extraction and recovery referred to in paragraph (a) (i) and (ii), and

 

(c) evaluate any measures proposed by the applicant to avoid or minimise any incompatibility, as referred to in paragraph (a) (iii).

 

The proposed development is unlikely to have significant adverse impact on the current or future extraction of resources. The proposed use is not considered to be incompatible with any existing or an approved use within the vicinity, given it is currently operating with minimal disturbance to surrounding land uses.

 

14 Natural resource management and environmental management

(1) Before granting consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider whether or not the consent should be issued subject to conditions aimed at ensuring that the development is undertaken in an environmentally responsible manner, including conditions to ensure the following:

 

(a) that impacts on significant water resources, including surface and groundwater resources, are avoided, or are minimised to the greatest extent practicable,

(b) that impacts on threatened species and biodiversity, are avoided, or are minimised to the greatest extent practicable,

(c) that greenhouse gas emissions are minimised to the greatest extent practicable.

 

(2) Without limiting subclause (1), in determining a development application for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider an assessment of the greenhouse gas emissions (including downstream emissions) of the development, and must do so having regard to any applicable State or national policies, programs or guidelines concerning greenhouse gas emissions.

 

(3) Without limiting subclause (1), in determining a development application for development for the purposes of mining, the consent authority must consider any certification by the Chief Executive of the Office of Environment and Heritage or the Director-General of the Department of Primary Industries that measures to mitigate or offset the biodiversity impact of the proposed development will be adequate.

 

The proposed and existing quarry area is more than 40m from a surface stream. The proposal is unlikely to impact upon ground water, surface or drinking water catchments.

 

No threatened species, populations or communities have previously been recorded at the subject site.  Due to the agricultural history of the site and the disturbed nature of the existing quarry impact on fauna species is likely to be minimal.

 

It is anticipated that emissions from plant, machinery and transport vehicles will result in the emission of some greenhouse gas, however it is not considered necessary to impose conditions in relation to greenhouse gas emissions.

 

15 Resource recovery

(1)   Before granting consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider the efficiency or otherwise of the development in terms of resource recovery.

 

(2)   Before granting consent for the development, the consent authority must consider whether or not the consent should be issued subject to conditions aimed at optimising the efficiency of resource recovery and the reuse or recycling of material.

 

 

(3)   The consent authority may refuse to grant consent to development if it is not satisfied that the development will be carried out in such a way as to optimise the efficiency of recovery of minerals, petroleum or extractive materials and to minimise the creation of waste in association with the extraction, recovery or processing of minerals, petroleum or extractive materials.

 

The proposed continued quarry activity will result in minimal quantities of waste being generated. The majority of the material will be transported or used for rehabilitation purposes.  Any waste rock will be used on site for site management of rehabilitation purposes. No specific conditions are considered necessary to address waste generation. The volume of waste / spoil will be minimal and refusal on this basis is not considered to be warranted.

 

16 Transport

(1) Before granting consent for development for the purposes of mining or extractive industry that involves the transport of materials, the consent authority must consider whether or not the consent should be issued subject to conditions that do any one or more of the following:

 

(a) require that some or all of the transport of materials in connection with the development is not to be by public road,

(b) limit or preclude truck movements, in connection with the development, that occur on roads in residential areas or on roads near to schools,

(c) require the preparation and implementation, in relation to the development, of a code of conduct relating to the transport of materials on public roads.

 

(2) If the consent authority considers that the development involves the transport of materials on a public road, the consent authority must, within 7 days after receiving the development application, provide a copy of the application to:

(a) each roads authority for the road, and

(b) the Roads and Traffic Authority (if it is not a roads authority for the road).

Note : Section 7 of the Roads Act 1993 specifies who the roads authority is for different types of roads. Some roads have more than one roads authority.

 

(3) The consent authority:

(a) must not determine the application until it has taken into consideration any submissions that it receives in response from any roads authority or the Roads and Traffic Authority within 21 days after they were provided with a copy of the application, and

(b) must provide them with a copy of the determination.

 

(4) In circumstances where the consent authority is a roads authority for a public road to which subclause (2) applies, the references in subclauses (2) and (3) to a roads authority for that road do not include the consent authority.

 

Access to the site is off The Escort Way, and via an internal, sealed haul road. Traffic generation is predicted to remain within the limits of the current approval, being a maximum of 12 trucks (24 movements) per day, based on operating 6 days per week. Average traffic movements would be 8-10 movements per day, limited to short-term periods (campaign based extraction). There may also be periods where no activity occurs on site.

 

The application was referred to RMS for review and comment. RMS required additional information and has since provided comment to council including recommended draft conditions of consent to address likely traffic generation from the site.

 

Any increase in traffic generation beyond the maximum 24 heavy vehicle movements per day from the quarry would trigger RMS requirements for the further upgrade of the intersection with The Escort Way. 

 

17 Rehabilitation

(1) Before granting consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider whether or not the consent should be issued subject to conditions aimed at ensuring the rehabilitation of land that will be affected by the development.

 

(2) In particular, the consent authority must consider whether conditions of the consent should:

 

(a) require the preparation of a plan that identifies the proposed end use and landform of the land once rehabilitated, or

(b) require waste generated by the development or the rehabilitation to be dealt with appropriately, or

(c) require any soil contaminated as a result of the development to be remediated in accordance with relevant guidelines (including guidelines under section 145C of the Act and the Contaminated Land Management Act 1997), or

(d) require steps to be taken to ensure that the state of the land, while being rehabilitated and at the completion of the rehabilitation, does not jeopardize public safety.

 

Rehabilitation procedures are outlined in the Statement of Environmental Effects and are to occur during the life of the quarry by progressively battering and forming the landform for unused areas, as well as final remediation of the entire site when quarry activity ceases.

 

Fuel or oil spill is the principle potential contamination source. Diesel would be stored in small quantities on site with no other flammable materials used or stored at the quarry.

 

The applicant will be responsible for decommissioning and rehabilitating the site in accordance with conditions of development consent, and any other approvals that may be required.

 

SEPP 33 – Hazardous an Offensive Developments

The proposed development is not classified as being a hazardous or offensive industry or a potential hazardous or offensive industry.

 

SEPP 44 – Koala habitat applies to the Cabonne Council area. There are no known sightings of koalas in the locality of the subject land, or sources of koala habitat.

 

SEPP 55 Contaminated Land – applies to the State.  The subject land has historically been utilized for agriculture (grazing) and later as a quarry. The subject site is seeking consent for continued use and expansion of an extractive industry. It is not considered necessary for remediation or further investigation of the site. Rehabilitation processes should be undertaken in accordance with the provisions of SEPP 55.

 

State Environmental Planning Policy (State and Regional Development) 2011. The proposal does not meet the capital investment value threshold for assessment as either State or regional development.

 

State Environmental Planning Policy (Infrastructure) 2007. The development does not meet the 200 or more vehicle movements per day criteria for consideration under the SEPP.

 

Rural Lands SEPP applies to the subject land. The modified proposal is not inconsistent with the provisions of the SEPP.

 

SEPP (Mining, Petroleum Production and Extractive Industries) 2007 applies to the development. The modification proposal is not inconsistent with the SEPP.

 

SEPP 44 – koala habitat applies to the Cabonne Council area. The subject land is generally cleared farm land. There are no known sightings of koalas upon the subject land.

 

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s4.15(1)(a)(ii)

 

There are no draft environmental plans that relate to the subject land or proposed development.

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s4.15(1)(a)(iii)

 

Development Control Plan No 5 – General Rural Zones applies to this development.

 

DCP 5 relates generally to subdivision of rural land and the impact of dwelling permissibility, and as such does not contain development provisions relating to the proposed development. The development does not involve subdivision or construction of a dwelling. The development is consistent with the objectives of the DCP to manage development of rural land. 

 

 

PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15(1)(a)(iv)

 

Pursuant to Clause 35 & 36 of Schedule 3 of the Environmental Planning and Assessment Regulation 2000, it is considered the proposal is not designated development. Council is satisfied ‘the alterations or additions do not significantly increase the environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development’ as discussed above.

 

The activities are a continuation of the existing quarry operation. An increase to the scale of the quarry annual extraction rate is proposed by the modification. An assessment has been made within the report of the relevant Environmental Planning and Assessment Regulations 2000, and clauses 12-17 of the SEPP (Mining, Petroleum Production and Extractive Industries) 2007. Based upon a review of the relevant matters of consideration it is determined that the proposal does not contravene the relevant provisions of the Environmental Planning and Assessment Regulation 2000. Council is the relevant assessing authority for the development proposal.

 

Pursuant to Clause 35 & 36 of Schedule 3 of the Environmental Planning and Assessment Regulation, 2000, it is considered the modified proposal is not designated development and Council is satisfied ‘the alterations or additions do not significantly increase the environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development’.

The proposal does not contravene the relevant provisions of the Environmental Planning and Assessment Regulation 2000.

Environmental Protection Licence

Under Schedule 1 of the Protection of the Environmental Operations Act 1997, the quarry is a scheduled activity and operates under an Environmental Protection Licence from the EPA .

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15(1)(b)

 

Context & Setting

The existing quarry has operated as a commercial quarry for over 30 years. The proposed modification application does not alter the approved use of the land for a quarry.

 

Surrounding land is primarily used for agriculture, ie Prince of Orange vineyard and grazing property. There are four dwellings within 1km radius of the quarry, one of which is located upon the subject land.

 

Environmental management measures can be implemented to minimise any impact as a result of the modified consent.  The quarry land use is considered to be appropriate in terms of context and setting within a rural landscape.

 

Visual amenity

Landscaping and site remediation are currently subject of existing conditions of consent, and revised conditions of consent have been drafted to address the proposed site modifications.

 

Access & Traffic

The access to the site for all vehicles is via The Escort Way. The existing access and internal driveway has been sealed as per the conditions of consent of DA 2014/114.

 

The modified proposal was referred to the RMS for terms of concurrence. The attached modified notice of approval incorporates RMS recommendations.

 

The applicant originally intended to increase the proposed vehicle numbers allowed to leave the site (above the permissible 12) when the modification was lodged with Council. However, following subsequent conversations with RMS resulted in the applicant revising the proposed vehicle numbers back to the previously approved 12.

 

The applicant has advised that each ‘Truck and Dog’ formation is capable of hauling 37T of product. Therefore, the calculations for the haulage are as follows:

 

Twelve (12) Trucks Per Day, each hauling 37T, operating 6 days a week:

= 12 x 37 = 444T Per Day

= (444T) x 6 days = 2664T Per Week

= 2664 x 52 Weeks = 138,528T Per Year

 

Whilst it is acknowledge that there will be Public Holidays that limit the sites full operation potential as calculated above (a more realistic calculation would be on 50 weeks resulting in 133,200T), the difference between the approval granted (being 150,000T) and the mathematical haulage rate would be stored on site to allow for a variety of aggregate products to be available as required to suit contact needs. 

 

Traffic generation

The quarry has approval to extract and process 30,000 cubic metres (60,000T) of material per annum. Trucks carrying on average 16 cubic metre loads service the site as required. The current (amended) development consent supports a maximum daily haulage traffic generation volume of 24 haul truck movements per day (Maximum of 12 trucks per day entering and leaving the site). The modification application initially indicated an increase in traffic generation from the site, however revised documentation supporting the Statement of Environmental Effects stated that an average of 8 to 10 trucks will access the site daily, with a maximum of 12 haul trucks daily (Mon – Saturday). As addressed above, Council is satisfied that the proposed extraction rate can be suitably transported off site whilst complying with the vehicle limitations.

 

Hours of operation

The proponent does not seek to modify the hours of operation of the quarry. Currently approvals permit light vehicles may be on-site between 6.30am and 6.00pm Monday to Friday with quarry haul trucks to operate between 7am and 6pm. Operating hours on Saturday are 8am to 4pm.

 

Traffic, including stock trucks or machinery, associated with operation of the farm land, or traffic associated with the dwelling, are not bound by the terms affecting the quarry operation.

 

Air quality

The continued operation of the quarry and its minor expansion is unlikely to cause air quality impacts. A driver code of conduct is required to ensure compliance with road regulations for covering of loads leaving the site, and that the speed of trucks on the internal haul road is managed.

 

Noise

Operational noise is generally contained within the quarry extraction area.  Traffic generated by the quarry operation is limited to nominated hours of operation. 

The applicant provided a noise assessment report that demonstrated that the proposed increase in extraction rate would not result in noise levels being generated above legislative requirements. Therefore, Council is satisfied that the development will not have an adverse impact on the surrounding area in regard to noise.

 

Flora and fauna

The site has been disturbed by historic land use as agricultural land and later for quarry activity. There are no known threatened species of flora or fauna recorded on the site.

 

The proposed expansion of the quarry footprint requires removal of three stands of eucalypt trees. The SoEE addresses the procedure to be engaged when clearing the trees, with provision to enable any fauna species to relocate.

 

Remediation of the site aims at providing a final landform that will accommodate native species of flora.

 

Water management

Surface water collected on the site will be used for dust suppression. Site management, including management of surface water, soil and sedimentation control and procedures have been provided.

 

Biodiversity

The subject land has historically been utilized for agriculture and the land is largely cleared of native trees. The biodiversity assessment provided with the Statement of Environmental Effects concludes that there the proposed modification to the quarry operation, involving the removal of three stands of trees,  is unlikely to have significant effect on any threatened flora or fauna, or endangered ecological community. Planting of White box Eucalyptus albens and associated species within the proposed tree lot / vegetation screen will compensate for the removal of existing vegetation. The assessment indicates that no biodiversity offsets are required by the Biodiversity Conservation Act 2016.

 

Cumulative impact

Impacts of the increased extraction rate from the quarry have been identified and subject to compliance with the conditions of consent to ensure there is no adverse environmental impact.

 

THE SUITABILITY OF THE SITE s4.15(1)(c)

 

Physical Attributes and Hazards

There are no known technological or natural hazards that would affect the proposed development.

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15(1)(d)

 

The proposed modified development was neighbourhood notified.  Three submissions were received by the close of the exhibition phase.  An additional submission was received on 30 August, and although outside the public notification phase has been included in the assessment report.

 

Issues raised in the submissions are summarized as follows:

 

Submission

Summary

Comment

1

Objection to proposal.

Since Regional Quarries have taken over operation the quarry there has been an increase in activity, noise and dust in comparison to the previous 18 months when the site was operated by Hamcon Civil. The new operators are permitting operations to commence at 6am, outside the approved operating hours.

Haul trucks (sometimes 3 in a row) travelling in convoy from the quarry then along The Escort Way towards Orange. Noted that return trucks exceeding speed limit then abruptly turning into the quarry site. The relocation of the access driveway has not improved the hazard of the tuning trucks.

Potential for increased dust, noise and general pollution from the site as well as increased water usage. Increased extraction rate will alter the landscape.

Increased traffic resulting in increased maintenance required for The Escort Way.

Increase in traffic entering and leaving the site, with haul trucks under load conditions moving slowly east along The Escort Way when leaving the quarry causing risk to other road users.

Noted

Operation hours are to remain as currently approved.

 

 

 

 

 

 

 

Driver Code of Conduct is required to be implemented and complied with.

 

 

 

 

 

Mitigation of environmental impact proposed.

Noted

 

Traffic generation is to be maintained at current approved level Driver Code of Conduct required.

Traffic limited to maximum of 24 trucks movements per day.

Submission 2

Increase in noise coming from quarry pit and from haul traffic. Safety risk to road users travelling along The Escort Way as haul traffic heading east travels slowly up the incline from the quarry intersection with the main road.

Possible decrease in land value due to presence of the quarry

Traffic generation to remain at the same limits as existing approval.

 

 

 

Property valuation is not a planning consideration

Submission 3

Noticeable increase in traffic from the quarry with increased dust being generated and impacting neighbouring residences. Noise generated by jack hammers also impacting amenity of the immediate area. Regional Quarries haul trucks travelling along The Escort Way at an unsafe distance from other vehicles and travelling at excessive speed.

Traffic generation to remain at the same limits as existing approval.

License conditions to be adhered to.

Driver Code of Conduct to be adhered to.

 

Late submission dated 30 August 2019

The proponent has not identified which part of section 4.55 the application is sought. The writer is of the opinion the matter should be considered under s4.55(2).

The application does not satisfactorily demonstrate that the proposed development is substantially the same as that currently approved.

No access of the adequacy of the current intersection with The Escort Way has been provided.

The application appears to seek to rely on clauses 35 and 36 of Schedule 3 of the EP &A Regs to justify that the development is not designated development. There is no justification provided to support use of clause 36.

The writer is aware that the proponent is in breach of the terms of its licence and development consent having extracted in excess of the approved limit from the site over the past 12 months. The operation is not being conducted in a manner reflecting low impacts to the environment.

The writer considers that the deficiencies in the application along with the poor performance of the site activity require council to refuse the application in its current form

The proponent in a response to the submission considers the proposal to have minor environmental impact and is substantially the same development to which development consent was granted. Additional comment was supplied in support of the application not being considered as designated development including that the footprint remains consistent with the approved footprint for extraction, there will be no changes to character of the area, hours of operation, site decommissioning / rehabilitation etc.

Traffic and access were reviewed by RMS as part of this application.

A condition of consent has been drafted requiring annual reporting of quarry activity to council.

 

The various issues identified through the submissions have been addressed and as such the modification application is recommended for approval, subject to revised conditions of development consent.

 

 

NOTIFICATION TO PUBLIC AUTHORITIES

 

The modified application, as integrated development, and as required by the Mining SEPP, was referred to the RMS and EPA for comment and terms of approval / concurrence. Both agencies requested additional information of the proponent to enable adequate assessment of the proposal. Upon review of the additional information terms of approval / concurrence have been provided by both agencies.

 

The EPA reviewed the modified application and supported the proposal, providing conditions to be incorporated in a modified development consent. Recently EPA have advised council that it has issued to the proponent ‘notice to suspend licence’ following investigation of records that indicated that activities at the subject site exceed the scale of activities permitted by the licence and the terms of the current development consent.

 

The RMS sought additional information from the proponent relating to current and projected traffic generation. The current intersection was designed to accommodate a maximum traffic generation of 24 truck movements per day, and any additional increase in traffic haulage generated from the site may require additional upgrade of the intersection. The revised information indicated that currently approved levels of traffic generation were to be retained and no increased.

 

In supplying additional information as requested by the state agencies, the new operators of the quarry, being Regional Quarries, indicated that there had been an increase in traffic movements and haulage rates from the quarry to service a contract. It is understood that EPA has recently undertaken a compliance investigation relating to possible license exceedances.

 

RMS have advised that the quarry operator has indicated that ‘Regional Hardrock would accept a GTA condition limiting traffic movements so as not to require the upgrade of the existing (RMS approved) intersection with The Escort Way and reconfirming the haulage vehicles for quarry is via a 19m truck and dog combination’. RMS recommends as follows:

 

‘In order for the quarry to remain under the threshold of requiring an upgrade to the current intersection from the quarry site onto The Escort Way and the applicant’s preference to be conditioned on haulage movements in this regard, Roads and Maritime’s previous recommended condition based on 24 trucks per day remains.

 

Consideration of options to ensure the quarry remains within these haulage conditions may need further investigation given the proposed increase in extraction up to 150,000 tonnes per annum’.

 

PUBLIC INTEREST s4.15(1)(e)

 

The proposed modified development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

CONCLUSION

The proposed modification application is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP.  A section 4.55(2) assessment of the modified development indicates that the modified development is acceptable in this instance.  Attached is a draft modified Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

ITEM 17 - MODIFICATION OF EIGHT (8) LOT SUBDIVISION (MODIFICATION OF CONDITIONS) OF LOTS 218 AND 219 IN DP47258, LOTS 5, 6 & 7 IN DP 702416, LOTS 1 & 2 IN DP 114761, LOTS 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211 & 238 IN DP 756869, LOT 1 IN DP 181139, LOT 4 IN DP 114638, LOT 18 IN DP 10891443, LOT 1 DP 104.55555 AND LOTS 1 & 2 IN DP 104.55882, KNOWN AS 'ADAIR', 89 BRUCE ROAD, ORANGE

REPORT IN BRIEF

 

Reason For Report

For Determination

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire

Annexures

1.  DRAFT MODIFIED CONDITIONS OF CONSENT DA2008 177 3    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2008\03-2008-0177 - 1082469

 

 

Recommendation

 

THAT the modification of Development Application 2008/0177 for an Eight (8) lot subdivision be granted consent subject to the conditions attached.

 

 

SENIOR Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

The following report provides an assessment of the modification of development application DA08/0177/1 submitted for a modification of eight (8) lot subdivision (amendment to site plan and conditions) of Lots 218 and 219 in DP47258, Lots 5, 6 & 7 in DP 702416, Lots 1 & 2 in DP 114761, Lots 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211 & 238 in DP 756869, Lot 1 in DP 181139, Lot 4 in DP 114638, Lot 18 in DP 10891443, Lot 1 in DP 104.55555 and Lots 1 & 2 in DP 104.55882, known as ‘Adair’, 89 Bruce Road, Orange.

 

It is recommended that the application be approved subject to the attached conditions of consent.

 

Applicant:           David Aboud of Pluteus (no. 81) Pty Ltd C/- Peter Basha Planning and Development

Owner:                Pluteus (no. 81) Pty Ltd

Proposal:           Modification of eight (8) lot subdivision (amendment to site plan and conditions)

Location:            Lots 218 and 219 in DP47258, Lots 5, 6 & 7 in DP 702416, Lots 1 & 2 in DP 114761, Lots 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211& 238 in DP 756869, Lot 1 in DP 181139, Lot 4 in DP 114638, Lot 18 in DP 10891443, Lot 1 in DP 104.55555 and Lots 1 & 2 in DP 104.55882, known as ‘Adair’, 89 Bruce Road, Orange.

Zone:                  RU1 Primary Production

 

BACKGROUND

 

DA 2008/171 was lodged with Council in March 2008 for the 8 lot subdivision of a rural holding and approved by Council’s Environmental Services and Sustainability Committee at its meeting held on 3 November 2008. Development Consent was issued on 14 November 2008, and in accordance with the council policy at that time the approval was valid for a two (2) year period.

 

A Construction Certificate for provision of private access to proposed Lot 3 in the eight lot subdivision was issued on 28 September 2010, with the works carried out and inspected. The gazettal of the Environmental Planning & Assessment Amendment (Development Consents) Act 2010 extended the approval for developments consent to the maximum term of five years. The subject consent remained operative and correspondence indicates that physical works had commenced prior to the conclusion of the five (5) year development consent time frame.

 

The development is located approximately 13km to the north west of Orange. It lies west of the Mitchell Highway at the end of Bruce Road and extends westerly to Curtins Road. The majority of the land is within the former 1(a) General Rural zone (Cabonne Local Environmental Plan 1991). An area on the south west corner of the subject land is in the vicinity pf the Borenore Creek Dam, while an area in the south eastern corner of the holding is in the vicinity of the Molong Creek Dam, and these areas were zoned 7(c) Environmental protection under the former planning code.

 

The subdivision as approved sought to establish the following allotments:

 

Lot

Area (ha)

Land use

1

5

Vacant concessional lot

2

5

Vacant concessional lot

3

5

Vacant concessional lot

4

100

Rural allotment

5

100

Rural allotment

6

123.6

Rural allotment

7

100

Rural allotment

8

335.8

Rural land containing ‘Adair’ dwelling, a second cottage and the majority of the existing farm infrastructure

Total area

774.4ha

 

 

Access to proposed Lots 1 - 7 was to be provided via an extension of Curtins Road. Proposed Lot 8 was to retain its existing vehicular access off Bruce Road.

 

2017 MODIFICATION

 

The applicant sought an amendment to the development consent in 2017. Consent was granted to amend the proposed subdivision by relocating the three (3) concessional allotments from the south west area of the holding to the north east of the property. Bruce Road was approved to be extended to provide vehicular access to seven (7) of the proposed allotments (rather than Curtins Road). The road extension will require a crossing over Molong Creek immediately downstream of the Molong water supply dam.

 

Proposed Lots 1, 2, 3, 5 and 8 have direct frontage to the new road while proposed Lot 4 would gain access to the new road via a proposed Right of Carriage Way (ROW) along the eastern boundary of proposed Lot 5.  Proposed Lot 7 gains access to the new road via a ROW over part of the northern boundary of proposed Lot 5. Access to proposed Lot 6 will be provided from Curtins Road and then via a ROW over the western boundary of Proposed Lot 4. Access to proposed Lot 8 is to be via the existing access arrangements off Bruce Road.

 

The modified development was to reduce the developer’s road construction costs by limiting the extension of Curtins Road and Bruce Road and instead establishing two (2) Rights of Carriage Way burdening proposed Lots 4 and 5.

The subdivision was modified to establish the following allotments:

 

Lot

Area (ha)

Land use

1

5

Vacant concessional lot (relocated)

2

7.1

Vacant concessional lot

(relocated and enlarged)

3

5

Vacant concessional lot (relocated)

4

110

Rural allotment (incorporated land previously identified for the location of 3 concessional allotments)

5

100

Rural allotment (unaltered)

6

128.6

Rural allotment (allotment location remains unaltered however area has increased by 5ha)

7

100

Rural allotment (unaltered)

8

318.7

Rural land containing ‘Adair’ dwelling, a second cottage and the majority of the existing farm infrastructure. (Area is 17.1 ha less due to the relocation of the 3 proposed concessional allotments)

Total area

774.4ha

 

 

A copy of the approved development consent has been included in the appendices.

 

2018 MODIFICATION

 

The applicant then sought consent to further modify the approved development application DA08/0177/1 to:

 

·    Alter the approved plan of subdivision as follows:

o Minor adjustments in lot sizes to reflect the actual survey of the lot.

o Minor adjustments to the shape and size of lots to accommodate access arms for lots 6, 7 and 4. This has been undertaken to remove the requirement for Rights of Way over other lots to provide legal access (as required by Condition 4).

 

·    Amend Condition 14

Condition 14 currently requires that Curtins Road is to be extended and constructed to a Rural Class 1 Level 1 Standard (7m bitumen seal). The applicant has stated that due to previous modifications to the lot layout and the current proposed modification, this part of the road will not only service one lot (Lot 6), and therefore has requested that the quality of the road be downgraded to a Rural Class 3 Level 1 Standard (4m gravel surface).

 

During the notification period, NSW Department of Industry Office of Crown Lands and Water advised that they would not permit the construction of an access roads (as proposed by the applicant) over the existing crown roads. Therefore, to allow for the construction of the access ways as proposed, the applicant agreed to acquire the existing unformed Crown Roads within the subdivision site. This would ensure that legal access would be available to each lot and not require the construction of roads over the crown roads (to which Crown Lands would not consent).

 

The acquisition of the crown roads has resulted in minor proposed changes to the proposed modified plan of subdivision to accommodate the crown roads. The proposed lot sizes are:

 

Lot

Lot Size

 

1

5Ha

Vacant concessional lot

2

7.829Ha

Vacant concessional lot

3

5Ha

Vacant concessional lot

4

102.6Ha

Rural allotment (incorporated an accessway that was previously a right of way)

5

101.03Ha

Rural allotment (incorporated a closed crown road)

6

134.97Ha

Rural allotment (incorporated an accessway that was previously a right of way and a closed crown road)

7

101.34Ha

Rural allotment (incorporated an accessway that was previously a right of way and a closed crown road)

8

326.87Ha

Rural land containing ‘Adair’ dwelling, (incorporated a closed crown road)

 

The approved plan of subdivision as well as the proposed modification to the subdivision have been included as appendices.

 

CURRENT PROPOSED MODIFICATION

The applicant is now seeking consent to amend condition 8 to remove the need for connection to the electricity network prior to the release of the subdivision certificate.

 

Improvements in electricity technology has resulted in lots not needing to be connected to the electricity network with on-site renewable energy being a reliable source of electricity to cater for domestic and rural needs.

 

Whilst it is the applicants intention to provide electricity connections to the lot, the amendment to condition 8 will allow for the lots to be created and potentially developed without the need for to wait for the power to be constructed and installed. 

The applicant has proposed to amended so that a restriction be placed on the lots to ensure that development does not occur on the lots without suitable provision of power. The amendment is as follows:

 

Objective

To ensure that provisions are made to ensure that future dwellings are adequately serviced.

Performance

The following restriction shall be placed on the title of proposed lots 1 - 7 pursuant to Clause 888 of the Conveyancing Act 1919:

·     An advisory note that identifies that the proposed Lots 1 - 7 do not have mains power connected.

·     That no building application, for residential purposes or not, that requires electricity to be supplied to the proposed structure shall be approved by any consent authority until such time as Cabonne Shire Council has:

-    Received evidence that mains power supply is available to the land hereby burdened, or

-    Approved an off grid power supply that is suitable for the provision of electricity supply to the proposed structure on the land hereby burdened.

 

Site Map

8226198

 

INTEGRATED DEVELOPMENT:

 

Fisheries Management Act 1994

No

Heritage Act 1977

No

Mine Subsidence Compensation Act 14.551

No

National Parks & Wildlife Act 1974

No

Protection of the Environment Operations Act 1997

No

Roads Act 1993

No

Rural Fires Act 1997

No

Water Management Act 2000

No

 

MATTERS FOR CONSIDERATION

In accordance with Section 4.55(2) of the Environmental Planning and Assessment Act 1979 the proposed modification is substantially the same development for which consent was granted.

 

(1A) Modifications involving minimal environmental impact 

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if—

(a)  it is satisfied that the proposed modification is of minimal environmental impact, and

(b)  it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c)  it has notified the application in accordance with—

(i)         the regulations, if the regulations so require, or

(ii)        a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d)  it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Subsections (1), (2) and (5) do not apply to such a modification.

 

Comment:

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s4.15(1)(a)(i)

 

Cabonne Local Environmental Plan 1991 (Amended)

 

The subject land is zoned part 1(a) General Rural and part 7(c) Environmental Protection – Water Catchments under the provisions of the Cabonne Local Environmental Plan 1991 (being the planning instrument in force at the date upon which the original development application was lodged). Subdivision of land was permissible with consent of council under the provisions of Clause 9 of the Cabonne Local Environmental Plan 1991. The modification application is assessed under the provisions operative at the time of the initial application.

 

Objectives of the 1(a) General Rural Zone

 

The zone objective seeks to “promote the proper management and utilization of resources”. The proposed modification is not inconsistent with the aims of the LEP or the objectives of the 1(a) zone.

 

Objectives of the 7(c) Environmental Protection – Water Catchments zone

 

The objective of the zone is, in part, to “protect and conserve the catchments of the Molong and Borenore Dams so that water quality is maintained and enhanced in order that the water is fit for human consumption”. In addition, the objectives aim to protect agricultural land within the zone by “preventing the unjustified development of prime crop and pasture land for purposes other than agriculture”.

 

The proposed modification will still remain consistent with the objectives of the 7(c) zone.

 

Clause 10- General considerations for development within rural zones

 

10 (1) The Council shall not consent to an application to carry out development on land within Zone 1(a), 1(c), or 7(c) unless it has made an assessment, where relevant, of the effect of the carrying out of that development on;

a)   The present and potential use of the land for the purposes of agriculture.

The modified application does not alter the potential use of the lots. The lots will remain substantially the same.

Vegetation, timber production, land capability (including soil resources and soil stability), water resources (including quality and stability of water courses and ground water storage and riparian rights.

The modified development would have minimal impact on vegetation, timber production and land capabilities. The proposed boundary adjustments to the approved lots was to negate the need for vegetation removal.

b)   The future recovery of known prospective areas of valuable deposits of minerals, coal, petroleum, sand, gravel other extractive materials.

 

The proposed modification does not alter any known deposits on the lot. The modification will not impact upon existing exploration licences.

c)   The protection of areas of significance for nature conservation or of high scenic or recreational value and places and buildings of archaeological or heritage significance, including Aboriginal relics and places.

 

The proposed modification will not impact upon any areas of significance.

d)   Cost of providing, extending and maintaining public amenities and services to the development.

The proposed modification will not impact upon the provision of services or amenities.

e)   Future expansion of settlements in the vicinity.

The area has not been identified for future rural residential development.

 

Clause 11 Subdivision of land

Clause 11 (1) A person shall not subdivide land to which this plan applies except with the consent of Council.

The developer has applied to council for approval to modify the development.

Clause 11(2)      The Council shall not consent to an application to subdivide land within Zone 1(a), 1(c) or 7(c) unless it has obtained all relevant information in relation to and made an assessment of:

a)         the primary purpose for which each allotment to be created by the subdivision is intended to be used;

The proposed modification does not alter the potential use of each allotment.

b)              whether any allotment to be created by the subdivision is intended to be used primarily for the purpose of agriculture;

The proposed modification does not alter the potential use of each allotment.

c)         whether a dwelling house is intended to be erected on any allotment to be created by the subdivision and the approximate location of any such dwelling house; and

 

The proposed modification does not increase the number of dwellings permissible on the lot.

d)         whether any proposed allotment contains an existing dwelling house and the location of any such dwelling house.

One (1) allotment has an existing dwelling house, cottage and associated farm buildings.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

The proposed modification does not alter compliance with the State Environmental Planning Policies.

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

 

There are no draft environmental plans that relate to the subject land or proposed development.

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s4.15(a)(iii)

 

Development Plan No 5 – General Rural Zones applies to the site. The modification does not alter compliance with this modification.

 

PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15(1)(a)(iv)

The proposal does not contravene the relevant provisions of the regulations.

THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15(1)(b)

 

Lot Size and Shape

No changes to the lot sizes or shapes as a result of this modification.

 

Access

No changes to the access as a result of this modification.

 

Flora and Fauna

No impacts as a result of this modification.

 

THE SUITABILITY OF THE SITE s4.15(1)(c)

 

The subject site, 89 Bruce Road, is rural zoned land being developed for rural purposes generally in accordance with Councils controls and requirements. Therefore the subject site is deemed suitable for the proposed development.

 

Physical Attributes and Hazards

The north-west section of the holding is identified as Bushfire Prone Land. A bushfire assessment was undertaken as part of the initial development proposal. The modified proposal does not require additional assessment due to the minor alteration to the lot boundaries.

 

DEVELOPMENT CONTRIBUTIONS

 

No changes to the previous development contributions as a result of this development application.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15(1)(d)

 

The modified development is not advertised development.

 

The modified development was not neighbourhood notified

 

PUBLIC INTEREST s4.15(1)(e)

 

The proposed modified development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

CONCLUSION

 

The proposed modified development is permissible with the consent of Council. The modified development complies with the relevant aims, objectives and provisions of the LEP.  A section 4.55(1A) assessment of the development indicates that the development is acceptable in this instance.  Attached is a draft Modified Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

 

ITEM 18 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

 

Reason For Report

To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council meeting.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 1079706

 

 

Recommendation

 

THAT Council receive a report at the next Council meeting in relation to questions asked/matters raised where necessary.

 

General Manager REPORT

 

A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.

 

 

ITEM 19 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

Reason For Report

Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.g - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 1079707

 

 

Recommendation

 

THAT:

1.   Councillors call any items they wish to further consider.

2.   The balance of the items be noted.

 

General Manager REPORT

 

In the second part of Council’s Business Paper are items included for Council’s information.

 

In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item are requested to call that item.

 

 

ITEM 20 - MATTERS OF URGENCY

REPORT IN BRIEF

 

Reason For Report

Enabling matters of urgency to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to councillors and residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 1079708

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

General Manager REPORT

 

Council’s Code of Meeting Practice allows for the Council to consider matters of urgency which are defined as any matter which requires a decision prior to the next meeting or a matter which has arisen which needs to be brought to Council’s attention without delay such as natural disasters, states of emergency, or urgent deadlines that must be met”.

 

This item enables councillors to raise any item that meets this definition.

 

 

 

ITEM 21 - COMMITTEE OF THE WHOLE SECTION OF THE MEETING

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 1079709

 

 

Recommendation

 

THAT Council hereby resolve itself into Committee of the Whole to discuss matters called earlier in the meeting.

 

General Manager REPORT

 

Council’s Code of Meeting Practice allows for the Council to resolve itself into “committee of the whole” to avoid the necessity of limiting the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

 

This item enables councillors to go into “committee of the whole” to discuss items called earlier in the meeting.

   


Item 7 Ordinary Meeting 17 December 2019

Item 7 - Annexure 1

 

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Item 7 Ordinary Meeting 17 December 2019

Item 7 - Annexure 2

 

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Item 9 Ordinary Meeting 17 December 2019

Item 9 - Annexure 1

 

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Item 13 Ordinary Meeting 17 December 2019

Item 13 - Annexure 1

 

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Item 13 Ordinary Meeting 17 December 2019

Item 13 - Annexure 1

 

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Item 13 Ordinary Meeting 17 December 2019

Item 13 - Annexure 1

 

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Item 13 Ordinary Meeting 17 December 2019

Item 13 - Annexure 2

 

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Item 16 Ordinary Meeting 17 December 2019

Item 16 - Annexure 1

 

 

 

 

CONDITIONS OF APPROVAL

 

1.     DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

To ensure the development proceeds in the manner assessed by Council.

 

Performance

 

Development is to take place in accordance with the attached modified stamped plans (Ref: DA 2014/114, Figure 1 Existing Boundaries & Site Detail and Figure 2 Extent of Operations 27th November 2013, ref 2014-032DA as amended by plans dated 19.05.15  Ref ADTP 2014-032DA marked Overall site Plan  (2 sheets), Erosion & Sediment Control & Re-vegetation Plan (2 sheets), plans dated 04.07.15 ref ADTP 2014-032 DA marked Proposed erosion & sediment control (2 sheets), and Carpenter Collins & Craig  ref  32203 dwg no 32203ENG intersection engineering details Rev B  - 6 sheets, and plans dated 7.11.2017 Ref ADTP and marked Fig 2 proposed site plan and fig 3 quarry rehabilitation) (amended by documentation prepared for Hamcon Civil Pty Ltd dated March 2019 including Noise Impact Assessment prepared by Muller Acoustic Consulting for Maas Group Properties and dated May 2019, Traffic Technical Memorandum dated 4 June 2019 prepared by Cardno and desktop ecology assessment report dated 5 March 2019 and prepared for Maas Group Family Properties by AREA)  and documentation submitted with the application (including modification applications DA 2014/114/1, DA 2014/114/2, DA 2014/114/3 and DA 2014/114/4) and subject to the conditions below, to ensure the development is consistent with Council’s consent.  NOTE: Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made.  An application to modify the development consent under s96 of the Environmental Planning and Assessment Act, 1979, as amended and will be subject to a separate fee.

 

1(a)   ANNUAL EXTRACTION AND PRODUCTION RATE (MOD DA 2014/114/4)

 

Objective

 

To ensure the proposal operates in accordance with the proposed, assessed and determined proposal.

 

Performance

 

The proposed quarry resource extraction rate shall be limited to 150,000 tonnes per year.

 

1(b)  ANNUAL REPORT  (MOD 2014/114/4)

 

Objective

 

To respond to the public interest in identifying and mitigating environmental impacts associated with the development proceeding.

 

Performance

 

The proponent is required to submit to Cabonne Council an Annual Report that includes (but is not limited to) the following:

 

(a) Total extraction volume for the year

(b) Total volume of material transported from the site for the year

(c)  A record of any complaints received, including time / date of complaint, details of the complaint, and any action to rectify the complaint.

 

Such reporting is to be provided annually and must include reporting for the period 1 January 2019 – 31 December 2019. Reports may be submitted based upon full financial year operations.

 

 

2.     RMS CONDITIONS

 

Objective

 

To ensure compliance with RMS conditions.

 

Performance

 

·    The access from The Escort Way servicing the quarry shall be constructed and designed in accordance with Austroads Guide to Road Design Part 4A (2010) Figures 7.5 and 8.2 'Type BAR' (Basic Right Turn) and 'Type BAL' (Basic Left Turn) and any relevant Roads and Maritime Supplements. This provides a reasonable level of safety for traffic turning right into the development and allows through traffic on The Escort Way an area to pass the right turning vehicle on the left hand side. The access is to be sealed for a minimum of 20 metres from the edge of the travel lane, match existing road levels and not interfere with existing road drainage.

 

·    Safe Intersection Sight Distance (SISD) requirements outlined in the Austroads Guide to Road Design Part 4A and relevant Roads and Maritime Supplements shall be provided in both directions at the vehicular access point servicing the quarry from The Escort Way. For a 100 km/h speed zone the minimum SISD is 250 metres.

 

·    A copy of construction plans for the proposed roadworks associated with the access is to be submitted to Roads and Maritime for approval. As roadwork is required on a state road, the developer will be required to enter into a Works Authorisation Deed (WAD) with Roads and Maritime Services Roads and Maritime will exercise its powers under Section 87 of the Roads Act 1993 (the Act) and/or the functions of the roads authority, to undertake roadwork in accordance with Sections 64 and 71 and/or Sections 72 and/or 73 of the Act, as applicable, for all works under the WAD.

 

·    Advance truck warning signs (W5-22) and distance plates (W8-5) signage is to be provided at appropriate locations to give approaching motorists suitable warning of the slowing, stopping and turning manoeuvres associated with vehicles entering and leaving the development.

 

·    Road Occupancy Licence is required prior to any works commencing within 3 metres of the travel lanes. Submission of a Traffic Management Plan incorporating a Traffic Control Plan may be required as part of this licence.

 

·    The proponent is to prepare a code of conduct relating to transport of materials on public roads.

 

 

2. (a) REMOVAL OF VEGETATION

 

Objective

 

To ensure that safe egress is achieved by maintaining adequate sight distance.

 

Performance

 

The applicant is required to remove, at his/her full cost, vegetation to the west and east of the new access to achieve a safe sight distance of 250 metres stipulated in the RMS Guidelines for Safe Intersection Sight Distances.

 

Before Works can commence the applicant must, in consultation with Council, identify those trees, which will need to be removed to achieve the designated sight distance.

 

 

2.(b) TRAFFIC GENERATION (modification 2014/114/4)

 

Objective

 

To ensure compliance with RMS standards and to ensure quarry related traffic remains within the assessed threshold for the safe operation of the existing road intersection operation.

 

Performance

 

Truck movements on and off the quarry site is limited to a maximum of 24 movements daily (equating to a maximum of 12 trucks entering and leaving the site daily). Periodic inspections may be carried out by the consent authorities to monitor compliance.

 

 

3.      EPA CONDITIONS

 

Objective

 

To ensure compliance with the EPA conditions.

 

Performance

 

Except as expressly provided by these General Terms of Approval, works and activities must be carried out in accordance with the proposal contained in:

·    The Development Application 2014/114 submitted to Cabonne Shire Council on 15 January 2014; and

·    The accompanying Statement of Environmental Effects prepared by Anthony Daintith Town Planning and dated 13 January 2014.

 

The proponent must apply for and hold an in-force environment protection licence issued by the NSW Environment Protection Authority prior to the proponent carrying out any Scheduled Activity as defined by Schedule 1 of the Protection of the Environment Operations Act 1997.


The proponent must comply with any additional requirements imposed by an in-force environment protection licence issued by the NSW Environment Protection Authority.

 

Noise and vibration

 

Operating hours

 

Operational activities at the premises must only be conducted during the following operating hours:

a) 7 am to 6 pm Monday to Friday;

b) 8 am to 4 pm Saturdays; and

c) at no time on Sundays or public holidays.

 

*light vehicles are permitted to access the quarry site between the hours of 6.00am and 6.00pm Monday to Friday

 

Air quality and odour

 

Activities occurring at the premises must be carried out in a manner that will minimise the emission of dust from the premises.


The premises must be maintained in a condition which minimises or prevents the emission of dust from the premises.


Trucks entering and leaving the premises that are carrying loads must be covered at all times, except during loading and unloading.

 

Water management

 

Except as may be expressly provided by any in-force environment protection licence, the proponent must comply with Section 120 of the Protection of the Environment Operations Act 1997.

 

The proponent must develop and implement and Erosion and Sediment Control Plan for the premises within 3 months of the granting of development consent consistent with the EPA endorsed publication "Managing Urban Stormwater - Soils and Construction, 4th Edition" (Landcom, 2004) (or any revision) and the EPA produced addendum publication "Volume 2E: Mines and Quarries" (DECC, 2008) (or any revision).

 

Waste

 

The proponent must not cause, permit or allow any waste to be received at the premises, except the wastes expressly referred to in the column titled "Waste" and meeting the definition, if any, in the column titled "Description" in the table below.

 

Any waste received at the premises must only be used for the activities referred to in relation to that waste in the column titled "Activity" in the table below.

 

Code

Waste

Description

Activity

Other Limits

NA

General or specifically exempted waste

Waste that meets all the requirements of a resource recovery exemption under Clause 51A of the Protection of the Environment Operations (Waste) Regulation 2005

A specified in each resource recovery exemption

NA

 

Activities must be carried out in a competent manner

 

Activities must be carried out in a competent manner.

This includes:

a) the processing, handling, movement and storage of materials and substances used to carry out the activity; and

b) the treatment, storage, processing, reprocessing, transport and disposal of waste generated by the activity.

 

Maintenance of plant and equipment

 

All plant and equipment installed at the premises or used in connection with the activity:

a) must be maintained in a proper and efficient condition; and

b) must be operated in a proper and efficient manner.

 

 

3.(a)  EPA REQUIREMENTS (modification 2014/114/4)

 

Objective

 

To satisfy the requirements of the EPA.

 

Performance

 

(i)         Except as expressly provided by these General Terms of Approval or by any condition of approval issued by Cabonne Council or the conditions of an in-force environmental protection licence issued by the Environmental Protection Authority, works and activities must be carried out in accordance with:

·    Previously approved development applications for DA 2014/114; and

·    Any statement of environmental effects, or similar, relating to the development application DA 2014/114/4.

 

(ii)        Should any conflict exist between the abovementioned documents, the most recent document or version supersedes the conflict, except where superseded by a condition of approval issued by council or the conditions of an in-force environmental protection licence issued by the Environmental Protection Authority.

 

(iii)       The proponent must apply for and hold an in-force environmental protection licence issued by the EPA prior to the proponent undertaking the increased scale of land based extractive and crushing, grinding or separating activities not exceeding 150,000 tonne per annum.

 

 

4.      SCALE (GENERAL)

 

Objective

 

To ensure the scale of the activity does not increase beyond the scope of this approval without the further assessment of possible impact.

 

Performance

 

This approval enables the applicant to operate at a scale as submitted in the proposal.  Any increase in the scale of the activity as submitted, will require the further approval of Council.

 

 

5.      LANDSCAPE MANAGEMENT PLAN

 

Objective

 

To reduce landuse conflict and to lessen the visual impact of the development.

 

Performance

 

The proponent shall prepare and implement a detailed Landscape Management Plan to the satisfaction of Council.

 

Landscaping is to be undertaken in a manner designed to reduce landuse conflict and lessen the visual impact of the development from neighboring properties and The Escort Way.  Landscaped areas shall be heavily landscaped with native trees and shrubs.

 

This plan is to be submitted to Council for the approval of the Director of Environmental Services within 6 months of the date of this consent; and must include the following:-

 

a.   Rehabilitation Plan, and

b.   Quarry Closure Plan.

 

 

5. (a) BUFFER /LANDSCAPE PLAN

 

Objective

 

To reduce landuse conflict and to lessen the visual impact of the development.

 

Performance

 

Landscaping is to be undertaken below the proposed southern and eastern bund walls (Modification of DA 2014/114/2) in a manner designed to lessen the visual impact of the development from neighboring properties and The Escort Way. Landscaped areas shall be heavily landscaped with native trees and shrubs.

 

 

5. (b)          BUFFER /LANDSCAPE PLAN (modification DA 2014/114/4)

 

Objective

 

To reduce land use conflict and to lessen the visual impact of the development.

 

Performance

 

A revised Landscaping Plan is to be submitted for approval of council’s Director Environmental Services within three months of the date of the development consent. In particular the revised plan is to address the landscaping proposed area for visual screening of the new bunds along the southern and eastern sides of the quarry activity area. Such landscaping must lessen the visual impact of the development when viewed from neighboring properties and The Escort Way.  Landscaped areas shall be heavily landscaped with native trees and shrubs, and the planted areas maintained. 

 

 

6.      REHABILITATION PLAN

 

Objective

 

The Proponent shall prepare and implement a Rehabilitation Plan for the project.

 

Performance

 

This plan shall include:

 

1.   The plan objectives including a description of the short, medium, and long term measures that would be implemented to rehabilitate the site.

2.   Performance and completion criteria for the rehabilitation of the site.

3.   A detailed description of the measures that would be implemented over the next 3 years including the procedures for:-

a)         progressively rehabilitating disturbed areas;

b)         protecting areas outside the disturbance areas;

c)         managing impacts on fauna;

d)         landscaping the site to minimise visual impacts;

e)         conserving and reusing topsoil;

f)          collecting and propagating seed for rehabilitation works;

g)         salvaging and reusing material from the site for habitat enhancement;

h)        controlling weeds and feral pests;

i)          controlling access; and

j)          bushfire management;

4.   A program to monitor the effectiveness of these measures, and progress against the performance and completion criteria

5.   A description of the potential risks to successful rehabilitation and/or revegetation, and a description of the contingency measures that would be implemented to mitigate these risks; and

a)   details of who would be responsible for monitoring, reviewing, and implementing the plan.

 

 

7.      EROSION AND SEDIMENTATION CONTROL PLANS

 

Objective

 

To prevent soil erosion and watercourse contamination during construction of the access point onto The Escort Way and during Quarry operation.

 

Performance

 

An overall erosion and sedimentation control plan is to be prepared for the site to a standard acceptable to the Principal Certifying.

 

The plan is to note any proposed vegetation retention and planting and is to be submitted and approved by Council prior to any construction works commencing.

Specific construction zone erosion and sedimentation control plans are to be prepared to a standard acceptable to the Principal Certifying Authority and are required to be approved prior to the issue of Construction Certificates for each and any stage of the development.

 

 

8.      PUBLIC LIABILITY INSURANCE

 

Objective

 

To ensure that Council, Roads and Maritime Services and the applicant are all protected against any liability claim.

 

Performance

 

Prior to the commencement of any works on Council, Roads and Maritime Services controlled land including a public road, the applicant is to affect Public Liability Insurance in the minimum amount of $20 million.  This insurance is to note both Council and Roads and Maritime Services as interested parties and is to remain current for at least the period from the issue of the Construction Certificate until the issue of a Compliance Certificate for the works.  Documentary evidence of the currency of the cover is to be provided to Council prior to the issuing of a Construction Certificate.

 

 

9.      WORKS UNDERTAKEN WITHIN STATE ROAD RESERVES

 

Objective

 

To ensure that all construction work carried out within State road reserves are at no cost to the Roads and Maritime Services.

 

Performance

 

A formal agreement in the form of a Works Authorization Deed (WAD) is required between the Developer and the RMS as the developer will be required to undertake ‘private financing and construction’ of works on a road in which the RMS has a statutory interest.  This is relevant to the ‘BAR’ and ‘BAL’ component of the works.

 

The applicant should contact Roads and Maritime Services, P O Box 334, Parkes NSW 2870 to obtain the necessary Deed.

 

 

10.    WORKS UNDERTAKEN WITHIN STATE ROAD RESERVES

 

Objective

 

To ensure that all construction work carried out within State road reserves are at no cost to the Roads and Maritime Services and Authorised.

 

Performance

 

A formal agreement in the form of a Road Occupancy Licence is required between the Developer and the RMS as the developer will be required to undertake ‘private financing and construction’ of works on a road in which the RMS has a statutory interest

 

The applicant should contact Roads and Maritime Services, P O Box 334, Parkes NSW 2870 to obtain the necessary Licence.

 

Submission of a Traffic Control Plan is required as part of this licence.

 

Evidence of a Road Occupancy Licence is to be provided to Council prior to the issuing of a Construction Certificate for the works.

 

 

11.    APPLICATION OF BITUMEN SEAL TO INTERNAL ACCESS ROAD

 

Objective

 

To ensure a suitable all weather, non-dust generating internal access road is provided.

 

Performance

 

The applicant is required to provide a bitumen seal to the internal access road from access point from The Escort Way to the entrance into the gravel quarry site. With a minimum width of 3.5 metres which shall be maintained at all times.

 

 

12.    ENTRANCE / EXIT POINTS

 

Objective

 

To ensure on-site traffic flows in the manner assessed by Council.

 

Performance

 

Entrance / exit points are to be clearly signposted and visible from both the street and the site at all times.

 

 

13.    LOADING / UNLOADING

 

Objective

 

To ensure loading / unloading does not interfere with the amenity of the street.

 

Performance

 

All loading and unloading operations are to take place at all times wholly within the confines of the site.

 

 

14.    DUST SUPPRESSION

 

Objective

 

To ensure that dust does not become a nuisance to neighbouring properties or passing motorists.

 

Performance

 

The applicant will ensure to water down any nuisance dust that may arise from the development caused by machinery and traffic movements.

 

 

15.    VEHICLE MANAGEMENT PLAN

 

Objective

 

To ensure that arrangements are made for vehicles movements associated with the development.

 

Performance

 

The vehicle management plan is to detail all vehicle movements within the site including loading areas, truck parking/waiting areas, re-fueling zones and travel routes that are used during operation of the gravel quarry.

 

The VMP shall be prepared by the applicant and then submitted for approval by Council. All persons involved in the quarry operations shall be issued with a copy of the VMP.

 

 

16.    ADEQUATE ONSITE TRUCK PARKING

 

Objective

 

To provide an adequate onsite truck parking area.

 

Performance

 

At all times of operation of the gravel pit there must be adequate trucking parking available within the proposed site. With no trucks associated with the development queuing within the road reserve of The Escort Way.

 

 

17.    PROVISION OF PRIVATE ACCESS

 

Objective

 

To ensure that safe and practical access is provided to the subject land.

 

Performance

 

Access must be provided to Lot 775 DP 813587 in accordance with Roads and Maritime Services requirements (Condition 14).

 

Prior to any Access Construction Certificate being issued, the applicant will be required to furnish Council a copy of all approvals from the RMS including approved access construction plans, Works Authorisation Deed and Road Occupancy Licence.

 

An Access Construction Certificate must be obtained prior to commencement of construction of any access to the property from The Escort Way.

  

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the access.  Please telephone Council’s Development Engineer on 6392 3271 to arrange a suitable date and time for the inspection.

 

A Compliance Certificate for the access must be submitted to Council before any Final Occupation Certificate can be issued.

 

 

18.    COMPLIANCE WITH CONDITIONS OF CONSENT

 

Objective

 

To ensure all conditions of consent are complied with and development proceeds in the manner assessed by Council.

 

Performance

 

The use or occupation of the approved development shall not commence until such time as all conditions of this development consent have been complied with.  The use or occupation of the development prior to compliance with all conditions of development consent may make the applicant / developer liable to legal proceedings.

 

 

19.    BLAST MANAGEMENT PLAN (Mod DA 2014/114/3)

 

Objective

 

To limit any risk of blasting impact

 

Performance

 

A Blast Management Plan be developed and implemented, and a copy provided to council, to establish protocol and procedures for community notification of blasting operations, blast monitoring at the closest receiver, trial blasts to ensure limits can be achieved, contingency for adverse weather conditions identified (ie rescheduling of blasting operations), and  liaison with NSW National Parks and Wildlife Services Central West Area Ranger to monitor impact of vibration (if any) upon the formations associated with the Borenore Karst Conservation reserve.

 

 


Item 17 Ordinary Meeting 17 December 2019

Item 17 - Annexure 1

 

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GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 17 December, 2019

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    1

ITEM 2      RATES SUMMARY................................................................................ 1

ITEM 3      INVESTMENTS SUMMARY................................................................. 2

ITEM 4      COMMUNITY FACILITATION FUND................................................. 2

ITEM 5      CENTROC BOARD AND CENTRAL NSW JOINT ORGANISATION  3

ITEM 6      2019 CABONNE DAROO BUSINESS AWARDS FINANCIAL REPORT    4

ITEM 7      STATE OF WATER SUPPLY.............................................................. 7

ITEM 8      MOLONG SWIMMING POOL............................................................ 11

ITEM 9      ENGINEERING AND TECHNICAL SERVICES REPORT - NOVEMBER    12

ITEM 10    FUNDING UNDER HEAVY VEHICLE SAFETY AND PRODUCTIVITY PROGRAM ROUND SIX ......................................................................................... 13

ITEM 11    DEVELOPMENT APPLICATIONS APPROVED DURING NOVEMBER 2019      14

ITEM 12    DEVELOPMENT APPLICATIONS RECEIVED DURING NOVEMBER 2019       15

ITEM 13    HERITAGE ADVISOR'S REPORT................................................... 17

ITEM 14    MEDIAN PROCESSING TIMES 2019.............................................. 18

ITEM 15    BURIAL STATISTICS......................................................................... 18  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Traffic Light Report Summary............................. 20

ANNEXURE 1.2    Council ............................................................................... 21

ANNEXURE 2.1    Rates graph November............................................. 51

ANNEXURE 3.1    Investments Summary November 2019.............. 52

ANNEXURE 5.1    191127_28_Mayoral report Canberra_Final 54

ANNEXURE 9.1    Council Engineering Report................................. 76

ANNEXURE 10.1  Notification of Unsuccessful funding HVSPP R6        92

ANNEXURE 13.1  Heritage Advisor's Report - December 2019. 94

ANNEXURE 13.2  Heritage Advisor's Report - November 2019 115 

 


ITEM 1 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report on progress made in actioning its resolutions up to last month's Council meeting and any committee meetings held.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to councillors and residents

Annexures

1.  Traffic Light Report Summary

2.  Council    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 1079712

 

General Manager REPORT

 

InfoCouncil generated reports are annexed including actions up to the previous month’s meetings resolutions.

 

Progress comments are provided until the final action comment which will also show “COMPLETE”: that item will then be removed from the register once resolved by the council.

 

Attached also is the “traffic light” indicator system that enables the council to identify potential areas of concern at a glance.

 

Councillors should raise any issues directly with the directors as per the mayor’s request.

 

 

ITEM 2 - RATES SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Rates collections.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.a - Level of rate of collection

Annexures

1.  Rates graph November    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1083529

 

 

Senior Rates Officer's REPORT

 

The Rate Collection Summary to 30 November 2019 is attached for Council’s information. The percentage collected is 50.6% which is similar to previous years.

 

The second instalment was due 30 November 2019.

 

 

ITEM 3 - INVESTMENTS SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Investment Schedule.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b. Maximise secure income through investments

Annexures

1.  Investments Summary November 2019    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1083122

 

Senior Accounting Officer's REPORT

 

Council’s investments as at 30 November 2019 stand at a total of $46,038,294.27.

 

Council’s average interest rate for the month of November was 1.53%. The effect of the low cash rate is having a negative impact on term deposit rates offered by financial institutions. The Reserve Bank’s official cash rate remained at 0.75% during the month of November. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 0.824%. 

 

Council’s investments are held with multiple Australian financial Institutions with varying credit ratings according to Council’s Investment Policy. The annexure to this report shows a break up of each individual institution that Council invests with and its “Standard and Poor’s” Credit Rating.

 

The Schedule of Investments for November 2019 is attached for Council’s information.

 

 

 

 

ITEM 4 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

 

Reason For Report

To report on approved expenditure under the Community Facilitation Fund (CFF).

Policy Implications

Nil

Budget Implications

Within existing budget allocation

IPR Linkage

3.3.5.a. Review community need for new and upgraded facilities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 1081959

 

General Manager’S REPORT

 

Council adopted guidelines for the Community Facilitation Fund (CFF) in March 2015.  The CFF was created for smaller community projects not originally included in the council’s budget, to be allocated at the discretion of the Mayor and Deputy Mayor.

 

As a reminder, the guidelines for the CFF are as follows:

 

1.   Projects where no existing vote for the works has been allocated or the vote is insufficient to complete the project.

 

2.   Recipients must be community based not-for-profit groups.

 

3.   Mayor and Deputy Mayor to jointly approve funds (with the General Manager as proxy if one is not available).

 

4.   Allocation of funds to be reported to the next available council meeting.

 

5.   Limit of $3,000 per allocation unless other approved by council.

 

There were NIL allocation of funds processed in the past month.

 

 

 

ITEM 5 - CENTROC BOARD AND CENTRAL NSW JOINT ORGANISATION

REPORT IN BRIEF

 

Reason For Report

Council to note the minutes of the meetings.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.d Maintain effective membership of Centroc, Strategic Alliance, Hawkesbury City Council, Weddin Shire Council and Cabonne Council Country-City Alliance, LGNSW and other forums

Annexures

1.  191127_28_Mayoral report Canberra_Final    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTROC 2018 - 1082643

 

General Manager REPORT

 

The Mayor and General Manager attended the Centroc Board and Central NSW Joint Organisation meetings held in Canberra on 27 November 2019. 

 

Matters discussed at the Board meeting included:

 

·    Transitioning to the Joint Organisation

·    Financial report

 

Matters discussed by the Central West Joint Organisation included:

 

·    Statement of Regional Strategic Priorities

·    Compliance, policy review and meetings dates for 202

·    Adoption of Audited General-purpose Statements

·    Financial Reports

 

Members had the opportunity to be involved in round table discussions with various Ministers at Parliament House of Thursday 28 November.

 

Minutes of the meetings are attached for Councillors’ information.

 

 

 

ITEM 6 - 2019 CABONNE DAROO BUSINESS AWARDS FINANCIAL REPORT

REPORT IN BRIEF

 

Reason For Report

To inform Councillors of the financial details for the operation of the 2019 Cabonne Daroo Business Awards

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 1083049

 

Community Engagement and Development Manager's REPORT

 

At Council’s November meeting, Cr Newsom requested a report on financial details relating to the 2019 Cabonne Daroo Business Awards for both Council and the Daroo Business Awards Committee and budget projections for the 2020 awards.

 

2019 CABONNE DAROO BUSINESS AWARDS

 

The Cabonne Daroo Business Awards are operated by the Cabonne Daroo Business Awards Committee, with assistance from Council and Central NSW Business HQ.

 

The Cabonne Daroo Business Awards is an independent community committee, which has been running the event since the year 2000. The event is hosted each year on a rotational basis by a different Cabonne community.

 

In 2019, there was a record number of nominations and votes received from the public, and tickets for the presentation dinner sold out a fortnight prior to the event.

 

As a form of sponsorship, Council allocates a Budget each year to help support the event.

 

In 2019-2020, Council provided a budget of $19,564 (including a 15% overhead charge). This amount included a buffer to cater for possible additional costs and issues regarding a much smaller venue, which may have required the hire of a marquee and commercial caterer.

 

With all invoices now processed, total expenditure was $7895.89 (including overheads), which was $11,668.13 under the budgeted expenditure.

 

Expenditure for the previous year was $6,850 (including overheads). There were several additional costs this year, including $400 for musical entertainment which was not provided in previous years.

 

The table below outlines Council’s budgeted and actual expenditure for the 2019 Cabonne Daroo Business Awards:

 

 Description

Current Budget

 Forecast

 Actual

 Total

 Variance $

Other Revenues

0.00

0.00

0.00

0.00

0.00

Materials & Consumables

9000.00

0.00

3547.14

3547.14

5452.86

Advertising

2026.22

0.00

0.00

0.00

2026.22

Printing & Stationery

0.00

0.00

0.00

0.00

0.00

Donations & Contribution to Local & Regional Bodies

6361.24

0.00

3318.85

3318.85

3042.39

Other Expenses

0.00

0.00

0.00

0.00

0.00

Overhead Allocation -  Administration Charge

2176.56

0.00

1029.90

1029.90

1146.66

Total

19564.02

0.00

7895.89

7895.89

11668.13

 

Income from ticket sales generally meets the cost of the catering and goes to the Daroo Business Award Committee, which operates its own cheque account to pay for the catering, travel and accommodation costs for the guest speaker and other ancillary costs, such as additional administration expenses incurred by Central NSW Business HQ.

 

Although the event was a sell-out, the smaller venue at the Manildra Soldiers Memorial Hall meant ticket sales this year amounted to $7,400 (after the deduction of the commission for the online ticket agency). This fell slightly short of the catering cost of $8,000, which was paid by the Cabonne Daroo Business Awards Committee

 

The awards committee also raises cash and in-kind sponsorship. This year, there were 13 sponsors and income goes towards running the event this year and in future years.

 

The Cabonne Daroo Awards Committee has made a deliberate attempt over the past four to five years to rein in costs, working hard to make a small profit each year since to ensure it is in a healthy position to meet its commitments for the coming year.

 

The committee has done this whilst still capping ticket sales at $66 (including GST) to make it affordable for small businesses to attend.

 

Council has requested the chairperson of the Cabonne Daroo Business Awards Committee to consider whether the committee wishes to make its financial details available. The committee’s next meeting is scheduled for 11 February 2020.

 

COMMUNITY BENEFITS

 

As well as recognising the achievements of businesses within Cabonne Shire, the awards benefit the host community, which receives a payment for decorating the hall and other activities.

 

Where the host community provides the catering, any proceeds benefit community organisations in that village. Host communities are also encouraged to purchase food and ingredients locally to support businesses in their villages.

 

In Manildra’s case this year, all the food was supplied by Manildra businesses, Magic’s Meats, Coffee on Kiewa, Manildra Group and MSM Milling.

 

The catering, coordinated by Craig Williamson from the Manildra Post & Transaction Centre, was provided by Manildra Soldiers Memorial Hall, Manildra District Improvement Association (MADIA), Manildra Pre-school, St Joseph’s School and Manildra Public School and the proceeds went to those groups.

 

BUDGET PROJECTIONS FOR 2020

 

Considering this year’s expenditure was well under budget, Council’s projected Budget allocation for 2020-2021 could be reduced to $10,000 (plus overhead costs).

 

Savings achieved this year have been identified as a source of funds to partially offset a variation to increase the budget for the 2019-20 Events Assistance Program.

 

With a larger venue at Canowindra next year, ticket sales are expected to cover the cost of the catering and venue hire and, depending on the number of tickets sold, provide a small profit for the awards committee. The goal of the committee each year is to make tickets to the presentation dinner affordable for those businesses and community groups that wish to attend.

 

The awards committee has negotiated a free sponsorship deal with WIN television next year that will involve the network running advertisements for the nomination and voting processes and highlighting the finalists. WIN has been running advertisements congratulating the winners of the 2019 awards.

 

The Daroo Awards Committee is a voluntary committee and its members receive no remuneration other than one $66 ticket to the presentation dinner. Committee members must buy a ticket for their partners to attend the dinner.

 

 

ITEM 7 - STATE OF WATER SUPPLY

REPORT IN BRIEF

 

Reason For Report

To inform Council of the current Molong water supply status

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5.1.1.b - Continue to maintain drinking water management system

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\PLANNING\WATER TASK FORCE - MOLONG WATER SUPPLY - 1084029

 

Acting Director of Engineering and Technical Services REPORT

 

Council engaged Premise to undertake a survey of the Molong Creek dam and Borenore dam with the purpose to identify the remaining capacity of these dams, as well as calculate ‘Day-Zero’ of the current Molong Water supply, thus providing a timeframe for when the current water supply will be depleted.

 

Molong Creek and Borenore dam volumes were confirmed as the following:

 

 

Molong Creek Dam

Borenore Dam

Total Dam Supply

Full Capacity (ML)

1,005

216

1,221

Current Volume (ML) (Nov. 2019)

259.67

114.79

374.46

Dead Storage (ML)

(Unusable)

88.21

59.29

147.50

Active Volume (ML)

(Current-Dead)

171.46

55.51

226.96

Percentage

25.9%

53.1%

30.7%

 

From these figures, an estimation can be made with regards to when Council’s total dam supply will be depleted. Assuming insignificant rainfall occurs for the period, it is expected that day-zero for Council’s own water supply will be 16 September 2020. At this point Council will be reliant on other water sources, such as the Orange Pipeline, bore supply or in the worst-case scenario, importing water via trucking outside of the region.  Further, Council can utilise this data to estimate the timeframe from which a potential escalation to Level 6 water restrictions may be considered. This is expected to be seriously considered when the Molong Creek Dam reaches 15% active volume.

 

Current Molong network usage calculations

 

These timeframes will be based on the required consumption per person, per day of the Molong water network, being at level five restrictions, 150 litres per person per day. Based on historical data, of the treatment plant from the 2018/19 financial year, the Molong residents should be congratulated in achieving 153 litres per person, per day which is fractionally above the target usage.

 

Estimates in this regard, whilst providing guidance, need to be improved to enable real-time data analysis. A report has been received from Premise, detailing appropriate locations to install flow meters on the water network to enable this analysis, ordering the flow meters and arrangements for installation as soon as practical is in progress.

 

 

 

 

Leak Detection

 

Noting that there is a lack of real-time data, this does have an effect on accurately ascertaining the unaccounted water losses within the network. The introduction of flow meters as discussed previously will provide additionally certainty, however without this information, past financial year data needs to be utilised. The table below, provided within the Premise report provides the estimation basis for calculating the unaccounted water usage within the network.

 

Description

2018/19 (ML)

Daily

(kL/D)

Weekly (kL/Week)

Percentage (%)

Water Treatment Plant Inflow

262.4

719.0

5,033

-

Residential Metered

112.1

307.1

2,150

58

Non-Residential Metered

71.0

194.5

1,361

37

Unmetered Connections

10.6

28.9

203

5

Town Total Usage

193.6

530.5

3,714

-

Losses/Unaccounted Water

68.8

188.5

1,320

26

 

As can be seen, losses/unaccounted water represents 26% of the treated water flow from the water treatment plant. As a baseline, a typical water network would carry 10-15% water losses or unmetered use.

 

Leakage issues is one aspect of loss in the network, however, this should not be recognised as the only area to be addressed. Unmetered connections assumptions have been estimated only, and as a priority meters need to be placed to confirm the accuracy of the assumption.

 

The Molong water network is served by two reservoirs, zoning the network on a high level (elevated residences) and low level basis (low-lying residences). Both reservoirs have had leaks identified, and whilst they are persistent, it is unknown to what volume these known leaks account for. Quotes are currently being sought for repairs to be undertaken to the reservoirs, and works will expedite the repairs.

 

Within the reticulation network, several locations have been identified where leaks have been prevalent. Council’s capital works program for water mains replacement is being redirected to these areas to prevent further leaks and losses within the reticulation network.  Further, quotes are being gathered to undertake greater leak detection testing, across the entirety of the reticulation network.

 

 

 

 

Borenore Dam

 

Calculations for day-zero for the Molong township water supply include the utilisation of Borenore Dam. The dam status is currently inactive, and due to this status, the dam’s active storage is approximately 80 days and bolsters the supply to Molong. Due to the dam and associated pipeline infrastructure not being in use since the late 1990’s, maintenance and replacement of select infrastructure is required.

 

Status of Orange to Molong Pipeline

 

The final length of pipeline infrastructure between Ammerdown and Molong Creek was constructed in November 2019, and the pipeline is now fully connected. Commissioning of the line has not yet been undertaken but is expected to be undertaken in the first quarter of 2020. The pipeline agreement with Orange City Council has been signed and access to the water supply can be made as soon as the commissioning takes place.  For use as an emergency pipeline, it is not intended for Council to require drawing on a full allocation from the Orange network until September 2020.

 

Water Quality

 

Of particular importance when commissioning the Orange to Molong pipeline, is the ability of the water treatment plant and its operating to treat the raw water for potable consumption. Currently, only one supply point is being treated, and therefore the process of treatment is relatively simplified. The future state of water sources however, indicates that up to three water supplies will provide raw water to Molong, which will require a process of testing and adjustment to plant treatment dosing that reflects the properties of the blended water.

 

Atom Consulting has been engaged to assist Council in developing an operations manual revision that assists operators with the treatment of the raw water, once it has been brought online. Risk workshops have been held which have developed a prioritised list of considerations and actions that are required to ensure safe drinking water is provided.  Both the Department of Health and Department of Primary Industries – Water were involved in the workshops.

 

 

 

Molong Depot Bore

 

A report from Hydroilex detailing possible ground water sources in the Molong township revealed three bore locations within the Molong township which could potentially yield sufficient volume to supplement the Molong town water supply. Of the three bore locations, a bore at the rear of the Council Depot in Molong Street, Molong was selected and has been drilled and cased for use. A licence exists for this bore, with an allocation of 80 mega litres (currently being confirmed).  In the first instance, a pump with a 130,000 litre tank has been purchased to allow for provision of raw water at the depot. This will provide for Council operations, such as road maintenance and construction, as well as facilitate the sale of raw water. It is expected that the works to install the infrastructure for this standpipe will be undertaken in February 2020.

 

Cost of this project is approximately $55,000. Adjustments for this expenditure will be suggested to Council at its third quarter budget review.

 

Consultancy is being sought with regards to conveying the raw water from the depot bore to the Molong Water Treatment plant. Whilst it is relatively straightforward to construct a raw water pipeline to the water treatment plant, the difficulty will be the augmentation of the water treatment plant raw water intake to allow for the new additional supply.

 

Cumnock/Yeoval Supply Status

 

Water restrictions for the Cumnock township remains at level 2. Water is still able to be pumped from the Bell River, although it is of low quality. Consideration is currently being given to progress to the next level of restrictions, possibly after the New Year.  Council Officers are aware of some established bores around the township that may be accessed to supplement the supply to Molong, which will be investigated for viability and connectivity to the Cumnock reservoir.

 

For the Yeoval township, media is commencing rollout to move to level 4 restrictions on midnight 16 December 2019. Flow over the weir on Buckinbah Creek has ceased and the town is now reliant on town bores for water supply.

The Molong-Cumnock-Yeoval pipeline infrastructure has been constructed, however, has not yet been commissioned. To bring the infrastructure online, the pipeline must be flushed, requiring approximately 1 megalitre of water. Staff are considering the best course for utilising this water following flushing, as it will not be potable. The primary thought is providing the water to the local Rural Fire Service as tanked water supply.

 

Burrendong Pipeline

 

At its meeting of October 2019, the Council asked a question with regards to the possibility of construction of a pipeline to Yeoval (connecting to Cumnock and Molong) for water to be supplied from Burrendong Dam. The sizing of the Molong-Cumnock-Yeoval pipeline has been determined on the basis of providing supply to Cumnock and Yeoval, rather than a based on a volume to supply Molong. Therefore, the diameter of the Molong-Cumnock-Yeoval pipeline is not sized to the point where it can be used to pump water to the Molong township.  With the current infrastructure in place, connecting to the Burrendong Water Supply is not a feasible option.

 

Garra to Molong Connection

 

As part of the deed under the RESTART NSW funding program, Council is required to undertake development of a feasibility and options report to connect the Molong water network with the Central Tablelands Water network at Garra. This is conceptualised to provide connectivity of the region and a water supply loop across all local towns.

 

Council has submitted a request for extension of time under the RESTART NSW funding program, which to date has not yet been responded too. Recent advice from the department is positive, and it is expected that favourable advice will be forthcoming.

 

Expressions of interest will be sought in the new calendar year for consultancy services to deliver the Garra to Molong pipeline feasibility report.

 

 

 

ITEM 8 - MOLONG SWIMMING POOL

REPORT IN BRIEF

 

Reason For Report

Response to questions regarding lane ropes in the pool.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.3.a - Maintain pools to safe operational standards

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\SERVICE PROVISION\SWIMMING POOL - MOLONG - MANAGEMENT - 1084076

 

Acting Director of Engineering and Technical Services REPORT

 

Council staff have met with the Molong Swimming Pool contractors to discuss an outcome from recent concerns raised by the public, regarding the provisions of three lanes in the centre of the pool.

 

The discussions were positive towards a solution to the issue, and instructions have been provided to the pool operators as follows:

 

·    A single lane be created for lap swimming only, which is to be located to the side lane of the swimming pool

·    A second lane rope to remain in the water, tied to the permanent lane rope, to be utilised when greater than four (4) lap swimmers are utilising the lap swimming lane

 

These new arrangements came into effect on 5 December 2019.

 

A total of eight customer requests have been received with regards to the lane ropes in the Molong Pool. These requests will be responded to, with the advice of the new lane ropes arrangements in the pool.

ITEM 9 - ENGINEERING AND TECHNICAL SERVICES REPORT - NOVEMBER

REPORT IN BRIEF

 

Reason For Report

To update Council on the progress of the capital works projects being executed by Engineering and Technical Services department.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a - Provide quality administrative support and governance to councillors and residents

Annexures

1.  Council Engineering Report    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 1083790

 

Acting Director of Engineering & Technical Services' REPORT

 

Please find attached the monthly report on capital works being undertaken by the Engineering and Technical Services Department.

 

 

ITEM 10 - FUNDING UNDER HEAVY VEHICLE SAFETY AND PRODUCTIVITY PROGRAM ROUND SIX

REPORT IN BRIEF

 

Reason For Report

Council to note the unsuccessful funding under the Heavy Vehicle Safety and Productivity Program Round Six.

Policy Implications

NIL

Budget Implications

Changes to be made in the December Quarterly Budget Review report in line with unsuccessful funding application.

IPR Linkage

1.4.1.a - Construction of local roads

Annexures

1.  Notification of Unsuccessful funding HVSPP R6    

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\HEAVY VEHICLE SAFETY AND PRODUCTIVITY PROGRAMME - 1083625

 

Technical Services Manager's REPORT

 

Council had submitted a funding application under Federal Government’s Heavy Vehicle Safety and Productivity Program (HVSPP) Round Six to improve the safety associated with heavy vehicle operations in certain segments of Packham Drive, Cargo Road and Obley Road as shown in the following Table. Subject to the success of the funding, the works are proposed to finish in FYs 2019-20 and 2020-21. Under HVSPP, The Australian Government will contribute up to 50 per cent to the total project costs.

Table:

Project Details

Total Project Cost

Australian Government Funding

State Funding

Council & Other Funding

6.4km length of Packham Drive Widen to 8m with a 7m Seal, Realignment, Safety Rail, Tree and Vegetation Removal, Drainage works and improve culverts

$1,690,000

$845,000

$0

$845,000

7.0km length of Cargo Road Widen to 8m with a 7m Seal, strengthen pavement, Drainage works, Vegetation Removal

$1,650,000

$825,000

$0

$825,000

5.2km length of Obley Road widen  road  to 8m with 7m seal, safety barriers, Drainage works and improve culverts, Vegetation Removal

$1,460,000

$730,000

$0

$730,000

TOTAL

$4,800,000

$2,400,000

$0

$2,400,000

Unfortunately, the applications were not successful in securing the fund for roadworks as mentioned above. The notification of unsuccessful in securing the funding has been included in the Annexure 1.

Council had allocated funding for FY 2019-20 in line with the submitted funding application under HVSPP. In the context of the unsuccessful funding, changes will be made accordingly in the December Quarterly Budget Review report.

 

ITEM 11 - DEVELOPMENT APPLICATIONS APPROVED DURING NOVEMBER 2019

REPORT IN BRIEF

 

Reason For Report

Details of development applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 1082968

 

Director of Environmental Services' REPORT

 

Development Applications have been approved during the period 01/11/2019 to 30/11/2019 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS APPROVED

 

 

TYPE

ESTIMATED VALUE

Section 68 Only x 9

$----

Modification to Garage with attached Garage

$----

Modification to Alterations & Additions

$----

Temporary Use as a Function Centre

$----

Pergola

$4,900

Shed

$20,000

Dwelling

$250,000

Cellar Door

$225,000

Alterations & Additions to Existing Dwelling

$180,000

Transportable Dwelling

$82,000

Dwelling

$629,000

Alterations & Additions to Depot

$140,000

Installation of 14.49KW Solar System

$26,986

Storage Shed

$27,500

Dwelling

$466,500

Farm Building

$500,000

TOTAL: 24

$2,551,886

 

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS APPROVED

 

TYPE

ESTIMATED VALUE

Inground Swimming Pool

$59,945

Swimming Pool

$18,000

Farm Shed

$60,000

Swimming Pool

$30,500

Dwelling

$299,252

TOTAL: 5

$467,697

 

GRAND TOTAL: 29

$3,019,583

Previous Month:41

$5,101,116

 

 

ITEM 12 - DEVELOPMENT APPLICATIONS RECEIVED DURING NOVEMBER 2019

REPORT IN BRIEF

 

Reason For Report

Details of development applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 1083005

 

Director of Environmental Services' REPORT

 

Development Applications have been received during the period 01/11/2019 to 30/11/2019 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

 

TYPE

ESTIMATED VALUE

Section 68 Only x 9

$----

Temporary Use as a Function Centre

$----

Modification to Solid Fuel Boiler

$----

Boundary Adjustment

$----

Modification to Alterations & Additions

$----

Molong Banjo Paterson Festival Dinner

$----

Boundary Adjustment

$----

Modification to Dwelling & Tank

$----

Modification to 3 Lot Subdivision

$----

Modification to 8 Lot Subdivision

$----

Modification to New Dwelling & Shed

$----

Alterations & Additions to existing Pavilion

$390,000

Farm Building

$500,000

Change of Use

$12,000


 

Storage Shed

$27,500

Alterations & Additions to existing Dwelling

$200,000

Continued Use of Motel

$60,000

Dwelling

$466,500

Relocatable Dwelling

$64,000

Extractive Industry (Borrow Pit)

$10,000

Dwelling & Garage

$250,000

Swimming Pool

$52,000

TOTAL: 30

$2,032,000

 

 

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Inground Swimming Pool

$59,945

Farm Shed

$60,000

Swimming Pool

$18,000

Swimming Pool

$30,500

Dwelling

$299,252

TOTAL: 5

$467,697

 

GRAND TOTAL: 35

$2,499,697

 

 

ITEM 13 - HERITAGE ADVISOR'S REPORT

REPORT IN BRIEF

 

Reason For Report

Providing councillors with a copy of the Heritage Advisor's report.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3.2.b - Heritage advisory service provided

Annexures

1.  Heritage Advisor's Report - December 2019

2.  Heritage Advisor's Report - November 2019    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\REPORTS\HERITAGE - 2018 - 1083029

 

Director of Environmental Services' REPORT


A copy of the Heritage Advisor’s Reports for November and December 2019 are attached for the information of the council.

 

ITEM 14 - MEDIAN PROCESSING TIMES 2019

REPORT IN BRIEF

 

Reason For Report

To provide information on median processing times.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 1082811

 

Director of Environmental Services' REPORT

 

Summary of median Application Processing Times over the last five years for the month of November:

 

YEAR

MEDIAN ACTUAL DAYS

2014

23

2015

16

2016

26

2017

26

2018

11

 

Summary of median Application Processing Times for 2019:

 

MONTH

MEDIAN ACTUAL DAYS

January

10

February

21

March

10.5

April

27

May

14

June

24

July

24

August

16

September

24

October

27

November

12

December

 

 

 

 

ITEM 15 - BURIAL STATISTICS

REPORT IN BRIEF

 

Reason For Report

To provide information on burial statistics.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.1.a - Maintain cemeteries in accordance with community requirements

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\CEMETERIES\REPORTING -  BURIAL STATISTICS - 1082812

 

Director of Environmental Services' REPORT

 

YEAR

NO OF BURIALS

2006/07

59

2007/08

62

2008/09

57

2009/10

65

2010/11

40

2011/12

54

2012/13

54

2013/14

80

2014/15

66

2015/16

64

2016/17

41

2017/18

67

2018/19

77

2019/20

 

July

5

August

6

September

8

October

7

November

8

December

 

January

 

February

 

March

 

April

 

May

 

June

 

Total

34

  


Item 1 Ordinary Meeting 17 December 2019

Item 1 - Annexure 1

 

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Item 1 Ordinary Meeting 17 December 2019

Item 1 - Annexure 2

 

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Item 2 Ordinary Meeting 17 December 2019

Item 2 - Annexure 1

 

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Item 3 Ordinary Meeting 17 December 2019

Item 3 - Annexure 1

 

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Item 5 Ordinary Meeting 17 December 2019

Item 5 - Annexure 1

 

Report from the Mayor/Deputy Mayor/General Manager attending the

Centroc Board Meeting and

Central NSW Joint Organisation

27 November 2019

ACT Legislative Assembly

and

28 November 2019

Parliament House

 

A group of people standing in a room

Description automatically generatedI attended the Board meeting of Centroc and Central NSW Joint Organisation (JO) on Wednesday 27 November 2019 at the ACT Legislative Assembly in Canberra. Please see the draft Minutes attached.

 

The Board was welcomed to the ACT by Andrew Barr MLA, ACT Chief Minister, Treasurer, Minister for Economic Development, Minister for Urban Renewal, Minister for Tourism and Events.

 

Cr Rowena Abbey, The Mayor of Yass Valley Council & Chair of Canberra Region JO welcomed the CNSWJO to their region.

 

The Board heard presentations from Ms Bettina Konti, Chief Digital Officer ACT Government and Mr Noel McCann, Director of Government Relations & Planning and Brendan Smyth, the ACT Commissioner for International Engagement both from Canberra Airport. Copies of their presentations are available on request.

 

Cr James Hayes OAM, Mayor of Snowy Valleys Council and Ms Gabbi Cusack, Executive Officer of the Canberra JO were both in attendance.

The following day Thursday 28 November I attended Parliament House to participate in round table discussions with the following politicians.

 

·    The Hon Michael McCormack, Deputy Prime Minister, Minister for Infrastructure, Transport and Regional Development, Member for Riverina

·    The Hon Mark Coulton, Minister for Regional Services, Decentralisation and Local Government

·    The Hon Josh Frydenberg, Treasurer

·    The Hon David Littleproud, Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management

·    The Hon Angus Taylor, Minister for Energy and Emissions Reduction

·    The Hon Sussan Ley, Minister for the Environment

·    Hon Dan Tehan, Minister for Education

·    Hon Andrew Gee, Assistant Minister to the Deputy Prime Minister, Member for Calare

·    Senator the Hon Bridget McKenzie, Minister for Agriculture

 

The Board was hosted by the Hon Michal McCormack as the Member for Riverina. We expressed our appreciation to both his staff and Michael himself for his support and the opportunity for the region.

 

Despite the interruption of the division bells, the Ministers addressed the Board, noting the impact drought is having on our comminutes and encouragement to continue to advocate the good stories. A summary follows.

 

 

Reports from Centroc

 

The Board were presented with the Statement of Finances. The information did not vary from the accounts provided to the Board in August 2019 and the Board resolved to adopt the Statement of Finances for Centroc.

 

 

Reports to Joint Organisation

 

Advocacy

 

Advocacy Plans were adopted and the Board resolved to share the policy position of each with LGNSW. These include:

 

•          Regional Prosperity Advocacy Plan

•          Regional Transport Advocacy Policy

•          Regional Water, Advocacy Plan

•          Draft Drought Advocacy Plan

 

The Central West Food and Fibre Plan and its implementation plan was provided for member consideration. Please request.

 

 

Energy Program

 

The Board resolved to investigate the opportunities of the recently announced renewable energy zone.

 

An update was provided on the cost savings anticipated for the next three years from the recenty agreed electricity procurement. Councils will have a share in cost savings of $2.37m over 3 years achieved through the procurement process for the supply of electricity for large market sites. More advice on savings for small sites will be provided in due course.

 

The estimated cost savings are shown in the table following. A per council breakdown can be provided on request.

 

The cost savings for small market sites are still being calculated and will be reported to the next Board meeting

 

 

Internal Audit and Risk Management Report

 

Council will be aware that the Office of Local Government (OLG) has produced draft guidelines for internal audit and risk management seeking feedback. A response will be provided to the OLG by the JO and members are encouraged also to write their own responses. Please request the draft which has been circulated to General Managers to facilitate Council feedback on their concerns.

 

The response

 

a.         Is supportive of a strategic approach to internal audit and risk management;

b.         Suggests a less prescriptive approach, than that suggested in the guidelines;

c.         Is not supportive of leveraging Section 377 of the Local Government Act where Councils delegate internal audit and risk management functions to the JO;

d.         Notes the diversion of resource required for a Joint Organisation to fulfill these guidelines will be counterproductive and is at risk of contributing to JO network failure;

e.         Request that JOs be exempt from the new Internal Audit and Risk Management Framework for NSW; and

f.          Includes Member Councils concerns.

 

 

Tourism Data Tool by Western Research Institute and support for a collaborative project with Arts Out West delivering arts and culture journeys

 

Five JO members get no tourism data at all from Tourism Research Australia or Destination NSW. Advice collected is for accommodation over 14 rooms and therefore misses the majority of our visitor economies – Visiting Friends and Relatives. Further, advice from the Regional Economic Development Strategies has tourism data collected in Functional Economic Regions only, not by Local Government Area.

 

To help build our understanding of the value of tourism, the JO is collaborating and co-investing with Council, Destination Network Outback & Country and WRI on a tourism data project. Members are encouraged to support providing data into the program including promoting the visiting friends and relatives (VFR) survey though the community and through Council staff and family.

https://www.wri.org.au/surveys

 

The Board also resolved to support the printing of collateral for arts and culture journeys through the region.

 

 

Regional Transport

 

The Board resolved to write to the Minister for Regional Roads, the Hon Paul Toole seeking advice on the update of the Bells Line of Road Corridor.

 

A reviewed Advocacy Plan will be provided that identifies one or two priorities for the Board to focus its advocacy efforts, this is expected as a report to the next Board meeting.

 

 

Regional Water

 

This is a fastmoving portfolio, the Water Utilities Alliance Manager was thanked for her efforts in keeping all well informed.

 

Advice was provided in the Confidential Briefing Note No. 3 regarding water security for urban water utilities in the current unprecedented drought.

A strategic subcommittee including the sponsoring GMs, other interested GMs, the Portfolio Mayor and Chair to provide a higher level of strategic support for a regional response to emergency town water needs and long-term planning in the short term.

 

The Board agreed arrangements be developed with the strategic subcommittee and in consultation with member Councils for emergency water management between towns across the region that (based on previous Board policy) address the following heads of consideration:

 

a.    Arrangements for the sharing of water for emergency water needs between towns across the region so that the burden of providing infrastructure for critical urban water transfers is borne equitably by the region (for example through the development of instruments and agreements not structures);

b.    Ownership and management by LG of any such infrastructure built to transfer emergency water between towns across the region for critical human needs;

c.     On-going operational costs for emergency water infrastructure;

d.    A multi-source approach to the supply of emergency water that enables options to be switched on or off as needed with these to be linked to State and local based triggers; and;

e.    Receive a report to the February 2020 Board meeting.

 

The JO will also undertake advocacy seeking early engagement in the Wyangala Dam wall raising and Lake Rowlands to Carcoar Dam projects with a view to being able to influence outcomes.

 

There has been a significant amount of consultation including submissions in region for the past quarter. These include:

 

•             a response to the Lachlan Regional Water Strategy

•             a report was provided to the JO Executive Officer network on a potential cross JO project for the development of Regional Town Water Strategies

•             a response to the State Water Strategy

•             input to the Lachlan Regional Water Strategy was provided to the Independent Panel assessing the social and economic conditions in the Murray Darling Basin

•             A response provided to LGNSW for the NSW Legislative Assembly Committee on Investment, Industry and Regional Development inquiry into support for drought affected communities in NSW

 

Given the drought and its impacts including potential change of the Murray Darling Basin Plan, this Board commends Council become a member of the Murray Darling Association.

 

The Board continues to Advocate strongly that Councils are responsible and experienced water utilities managers that seek to work collaboratively with all levels of Government on water security solutions.

 

A meeting was held with the Minister for Water, Property and Housing on Tuesday 26th of November.

Actions from that meeting include;

 

1.         Thank Minister Pavey for visiting the region Tuesday 26 November 2019;

2.         Seek to work through the Minister’s office on developing a collaborative approach to water security in Central New South Wales within existing policy;

3.         Noting that existing policy is for the sharing of water to be through instruments rather than structures seek funding from and engagement with the state on progressing such an approach; and

4.         Reaffirm the region’s policy position of councils including county councils retaining control of their water utilities assets.

 

The Board will also seek advice on the correlation between surface and bore water.

Reporting on progress of the Strategic Plan

 

The Chair of the CNSWJO has requested a more structured approach to the value to members. The suggested format for this advice is below. It is intended to transition the savings and grant funding across while drawing a line in the sand and starting afresh for the JO where this report would provide the starting point for the new advice.

 

Value for members

Activity FYTD

Activity this Quarter

Submissions

6

050919 - Inquiry into Jobs for the Future in Regional Areas

100919 – Joint Submission with RDACW/CNSWJO to Regional Connectivity Program

120919 - Inquiry into sustainability of energy supply & resources in NSW

081119- Inquiry into Regional Australia

Plans, strategies and collateral

6

NAMAF – reports provided to all tranche 1 and 2 Councils including Blayney, Cowra, Forbes and in this quarter, Parkes, Cabonne, Bathurst and Oberon.  

Independent Audits of DPIE Water Performance Monitoring Data completed for Orange and Bathurst and reports provided.

Dam surveillance inspections completed for Bathurst (Chifley Dam) and CTW (Lake Rowlands) and draft reports issued.

Bridge Assessments – all councils have now received their reports for Tranche 1a and Tranche 2. A draft regional report is being developed.

The Regional Food and Fibre Strategy completed.

Transport Issues Paper developed with TfNSW and circulated for members feedback. Advice will inform TfNSW Integrated Transport Plan.

Grants

$14,594

$14,594 for training delivered under funding by TAFE NSW to Cowra Council & Lachlan Shire Council for the July to September 2019 quarter.  
Application requested by OEH for funding for the Southern Lights Project was unsuccessful.

$150K being negotiated for the JO with OLG.

Compliance

5

Compliance training courses delivered across the region:

·      Enter & Work in Confined Spaces – Full course + Refresher – 19 participants

·      Traffic Control Training (TC + ITCP) - 11 participants

Mandatory Independent Audits of DPIE Water Performance Monitoring Data completed for Orange and Bathurst and reports provided.

Data

3

Tourism data project through WRI

Transit data through the Inland Rail project has been negotiated for the whole region.

DPIE Water Performance Monitoring Data currently being collated for benchmarking the region’s LWUs.

Media including social media

3 plus please request the Excel Spreadsheet on tourism publications

1. 17919 Media Release calling for sensible work on water security.

2. 151019 Media Release – Funding Announcement for Wyangala Dam

3. 151119 Media Release – Host Survey

Tourism PR update

The advertising value for the PR media generated in January-June 2019 is $449,350. Highlights include a Media Trip titled “Travelling with a Friend” by Country Style with accommodation for the trip scheduled for Forbes and attending “Grazing Down the Lachlan”.  The Sydney Morning Herald “Traveller” ran a double page feature on the opening weekend of the new Byng St Boutique Hotel (see photos below). 

 

Gabrielle Brewer has provided advice that the generated exposure for Central NSW Tourism regions & experiences in major media outlets to the advertising value of approx. $1m+ for 2019.

 

This includes 16 media touring the region;8 media releases that were distributed to 400+ media & industry contacts; over 150 articles appeared in digital news & travel media, newspapers, magazines, radio, tv & blogs.  Couples & the family market in Sydney & NSW were targeted and articles were all driving people to the www.visitcentralnsw.com.au website. Please find examples following.

 

This article featured in the Sydney Morning Herald “Traveller” magazine in early October 2019:

 

This article was published in the NRMA “Open Road” Magazine - September/October 2019 issue:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Aug/September issue of Blue Mountains Life Magazine featured the Bathurst Spring Spectacular:

 

Social Media

·      Central NSW Joint Organisation Facebook Page – 301 likes 396 Followers

·      Central NSW Tourism Facebook Page – 12,551 likes 12,955 Followers

·      Screen Central Facebook Page – 300 likes 345 Followers

·      Central NSW Tourism Instagram Page – 4,478 Followers

·      Central NSW JO Twitter – 937 Followers

Cost Savings

$345k since 1 July 2019

See cost savings table below for details.

New contracts for the July to September quarter include:

1.     Auditing of Performance Monitoring Data for Water and Sewer

2.     Stage 1 of BPAP – Legal Advice

3.     Internal Audit of Cyber Security

4.     Electric Vehicle Toolkit

5.     Supply and Delivery of Bulk Fuel

6.     Employee Assistance Program

7.     Dam Surveillance

8.     Restocking of First Aid Kits

Representation

56

120819 - Strategic Transport Group meeting

140819 - Workshop Regional transport enabling future economic growth

220819 –CNSWJO Board meeting – Parkes. In attendance was Federal Minister for Regional Services, Decentralisation and Local Government, the Hon Mark Coulton.

270819- CNSWJO HR Group meeting

270819 - Health Precinct 10 year strategy workshop - Dubbo

280819 – Orana WUA & CNSWJO –meeting re water and wastewater training

280819 –Destination and Outback Country –Fossil Experience Workshop

020919-040919 –LGNSW Water Conference - Albury

090919 – Southern Lights/Essential Energy meeting

090919 – BPAP Meeting 1 with LTL for Legal Advice

100919 – EV Toolkit Project Inception Meeting

110919- CNSWJO-meeting with DPIE Water, Regional Water Strategies team on engagement with Central NSW Councils

160919- DPIE Water Critical Water Advisory Panel- Northern Rivers teleconference

160919 - Transport Technical Meeting

170919- Orange 360 Bicycle Tourism Project – meeting

180919 - Sustaining the Regions – Working group meeting lead by LGNSW

240919- RLE Orana, Central Tablelands Drought Task Group meeting – Dubbo

250919- CNSWJO – Lachlan Valley Water meeting re Regional Water Strategy

260919-WRI Big Ideas event – Bathurst

270919 – Presentation to Mens Probus Forbes

300919-011019- LGNSW JO forum conference – Sydney

021019 - Southern Lights/Essential Energy meeting

081019 - Regional Integrated Transport Group (RITG)

101019 – Inland Rail Information Session

111019 – Regional Prosperity Sub-committee

161019-BPAP Meeting 2 with LTL

171019- WaterNSW/DPIE Water- Lachlan Local Water Utilities Drought meeting

171019 –CWUA meeting

211019 – Regional Strategic Transport meeting

231019 – Regional Planners Meeting

241019 – GMAC

241019- Lachlan Regional Water Strategy

301019 – Joint Organisation – Executive Officers Meeting

301019 – Joint Organisation Chair Meeting

061119- Tourism Managers Group Meeting

071119 - WaterNSW- Lake Rowlands to Carcoar Dam Briefing

081119-Critical Water Advisory Panel Southern - Lachlan

121119-Southern Lights/Essential Energy meeting

221109-Central NSW JO Matrix Review

Opportunities councils have been afforded

14

·      Essential Energy issues raised regional on service levels

·      Round 2, Restart NSW Bridge assessments

·      WRI big ideas event – Region focused

·      LGNSW – Commitment to Joint Organisations Event

·      Consultations with individual Councils and region for Regional Water Strategy

·      Round table discussions with Federal Ministers

 

 

Compliance, Policy review and dates for 2020

 

That the Board resolved to adopt the 2019 Annual Performance Statement and place it on the website.

 

Members Pecuniary Interest Returns under s450a of the Local Government Act 1993 were provided.

 

Amendments to the Joint Organisation Policy and Procedure Manual were provided and adopted.

 

The dates for the 2020 GMAC and Board meetings be:

Board

27 February

28 May

27 August

26 November

GMAC

30 January

7 May

23 July

22 October

 

 

 

 

Adoption of Audited General Purpose Statements for period 11 May 2018 to 30 June 2019

 

The Board adopted the CNSWJO Joint Organisation General Purpose Financial Statements for the period 11 May 2018 to 30 June 2019. This is a requirement to comply with the Local Government Act.

 

 

Prioritisation of $150K Joint Organisation Capacity Building Fund

 

The Board approved three funding applications under the Joint Organisation Capacity Building Fund:

·    Best Practice in Aggregated Procurement budgeted at $35K;

·    Understanding and supporting the new role of our CBDs – a project of the Regional Prosperity Subcommittee budgeted at $50K; and

·    Regional Capacity Building in Energy Innovation budgeted at $65K.

 

These have now been lodged with the OLG and we await their decision.

 

 

Regional Bridges Assessment Report

 

The Confidential report by Pitt and Sherry has provided a cost estimate of repairs, for all bridges and culverts and a cost estimate of replacement for the 8 bridges and 15 culverts where replacement is recommended.

 

CNSWJO staff have had preliminary discussions with Public Works Advisory and Transport for NSW regarding options for a collaborative approach by members to conduct the next steps of the project, consisting of the repair and replacement of identified bridges. It is recommended that the Board receive a report in due course regarding potential options for a collaborative approach to the next steps.

 

The Regional Bridge Assessment Report was endorsed to be used to access further funding.

 

 

Regional Smart Approved Water Mark Subscription

 

Members of the Centroc Water Utilities Alliance (CWUA) received a presentation from Smart Approved Water Mark in early August. Most councils already have existing agreements with Smart Approved Water Mark which are due for re-negotiation prior to December 2019 and have been provided a regional offer

at a reduced rate for a regional subscription, which will save the region per annum.

 


 

Round table Discussion Summary with Ministers.

A group of people sitting at a table in front of a window

Description automatically generatedHosted by The Hon Michael McCormack, Deputy Prime Minister, Minister for Infrastructure,

Transport and Regional Development, Member for Riverina, the Board held discussion with:

 

·    The Hon Mark Coulton, Minister for Regional Services, Decentralisation and Local Government

·    The Hon Josh Frydenberg, Treasurer

·    A group of people standing next to a person in a suit and tie

Description automatically generatedThe Hon David Littleproud, Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management

·    The Hon Angus Taylor, Minister for Energy and Emissions Reduction

·    The Hon Sussan Ley, Minister for the Environment

·    Hon Dan Tehan, Minister for Education

·    Hon Andrew Gee, Assistant Minister to the Deputy Prime Minister, Member for Calare

·    Senator the Hon Bridget McKenzie, Minister for Agriculture

 

A significant amount of discussion was around drought and ongoing drought support. Other issues raised included

 

·    Federal Assistance Grants and funding to Local Government more broadly

·    Rural and remote health

·    Telecommunications

·    Electricity and energy market challenges

·    Water Sharing Agreements

·    A picture containing indoor, wall

Description automatically generatedBetter vocational and tertiary education in region including direct funding to local government

 

The Treasurer provided advice on the strength of the economy and the opportunity for communities in Central NSW to leverage the new foreign trade agreements.

A picture containing indoor, floor, wall, table

Description automatically generatedThis theme was picked up by other Federal members and follow-up work with Minister Bridget McKenzie will be undertaken seeking alignment between the Federal approach and the Central West Food and Fibre Strategy.

 

Follow-up will also be undertaken regarding water projects where Andrew Gee, Member for Calare and the Assistant Minister to the Deputy Prime Minister has offered to shepherd projects through.

 

RDA Central West Chair, Christine Weston and Chief Executive Officer Sam Harma provided an update on the RDA Forum in Canberra, tips and tricks for the Building Better Regions Fund and where the Central West RDA is heading.

 

I commend this report to Council, and thankyou you all for your support.

Recommendation/s

That the Mayoral Report from the Board meetings for Centroc and Central NSW Joint Organisation Meeting held 27 November 2019 and the Round table discussion with Ministers at Parliament House 28 November held in Canberra be noted and;

1.    Councillors and staff be asked to take the tourism data survey for the region; and

2.    Council receive a report on joining the Murray Darling Association.


Item 5 Ordinary Meeting 17 December 2019

Item 5 - Annexure 1

 

Minutes of the Centroc Board Meeting 27 November 2019 held at Canberra ACT Legislative Assembly

Mr D Sherley

Bathurst Regional Council

Cr M Kellam

Oberon Council

Cr S Ferguson

Blayney Shire Council

Mr G Wallace

Oberon Council

Ms R Ryan

Blayney Shire Council

Cr R Kidd

Orange City Council

Cr K Beatty

Cabonne Council

Mr D Waddell

Orange City Council

Mr B Byrnes

Cabonne Council

Cr K Keith

Parkes Shire Council

Cr D Somervaille

Central Tablelands Water

Mr K Boyd

Parkes Shire Council

Mr G Rhodes

Central Tablelands Water

Cr M Liebich

Weddin Shire Council

Cr B West

Cowra Council

Mr G Carroll

Weddin Shire Council

Mr D Wymer

Cowra Council

Mr P Evans

OLG

Cr J Webb

Forbes Shire Council

Ms J Bennett

Centroc

Mr S Loane

Forbes Shire Council

Ms M Macpherson

Centroc

Cr J Medcalf

Lachlan Shire Council

Ms A Thomas

Centroc

Mr G Tory

Lachlan Shire Council

Ms K Barker

Centroc

 

 

Ms V Page

Centroc

Board Delegates in bold

Chaired by Cr John Medcalf the meeting opened at 1.52pm.

1.    Apologies

Cr B Bourke, Cr K Sajowitz, Cr P Miller, Mr P Devery, Ms C Weston, Mr S Harma, Mr A Albury

Resolved                                                                                                                                        Cr B West/Cr K Keith

That the apologies for the Centroc Board meeting 27 November 2019 listed above be accepted.

 

2.    Minutes

2a        Confirmation of the Minutes of the Board Meeting 22 August 2019 at Parkes

Resolved                                                                                                                                   Ms S Loane/Cr K Beatty

That the Minutes of the Centroc Board Meeting 22 August held at Parkes be confirmed.

 

3          Transitioning to the Joint Organisation

Resolved                                                                                                                                Mr D Sherley/Mr S Loane

That the Central NSW Councils (Centroc) Board note the report regarding transition to the Joint Organisation and the windup of Centroc as a Section 355 Committee of Forbes Shire Council.

 

4          Financial report

Resolved                                                                                                      Mr D Waddell/Cr D Somervaille

 

That the Board note the Financial report and transfer the reserves as follows to the Joint Organisation:

Bells Line Expressway Group

17,537

Best Practice in Aggregated Procurement

40,768

Centroc Regional Tourism Group

129,759

CWUA Best Practice Program

31,569

CWUA - Asset Management Maturity Audit (NAMAF)

80,775

CWUA - Developer Services Plans

47,930

Energy Project

65,306

Energy Workshops - Office of Environment & Energy Grant

1,770

Energy Workshops - Centroc matching contribution

1,536

Growing Local Economies Grant Funding

73,400

Health Study - Beyond the Range

37

IT - Unified Communications

13,453

Regional Marketing

8,607

Roads Transport Technical Committee

                         14,977  

 

                     $527,424  

 

6          Presentation of the Statement of Finances

Resolved                                                                                                                           Mr D Sherley/Mr D Waddell

That the Board adopt the Statement of Finances for Centroc.

 

The General Meeting of the Centroc Board closed at 1.55pm

 

Page 2 is the last page of the Centroc Board Minutes 27 November 2019

 

 


Item 5 Ordinary Meeting 17 December 2019

Item 5 - Annexure 1

 

Minutes of the Central NSW Joint Organisation meeting 27 November 2019 held at ACT House in Canberra.

Cr S Ferguson

Blayney Shire Council

Cr M Kellam

Oberon Council

Cr K Beatty

Cabonne Council

Cr R Kidd

Orange City Council

Cr B West

Cowra Shire Council

Cr K Keith

Parkes Shire Council

Cr J Webb

Forbes Shire Council

Cr M Liebich

Weddin Shire Council

Cr J Medcalf

Lachlan Shire Council

 

 

Attendees, voting members in bold.

Mr D Sherley

Bathurst Regional Council

Cr D Somervaille

Central Tablelands Water

Ms R Ryan

Blayney Shire Council

Mr G Rhodes

Central Tablelands Water

Mr B Byrnes

Cabonne Council

Mr D Waddell

Orange

Mr D Wymer

Cowra Shire Council

Mr P Evans

OLG

Mr G Tory

Lachlan Shire Council

Ms J Bennett

Central NSW JO

Mr S Loane

Forbes Shire Council

Ms Meredith Macpherson

Central NSW JO

Mr G Wallace

Oberon Council

Ms A Thomas

Central NSW JO

Mr K Boyd

Parkes Shire Council

Ms K Barker

Central NSW JO

Mr G Carroll

Weddin Shire Council

Ms V Page

Central NSW JO

1.            Opening meeting 1.55pm

2.            Acknowledgement to Country by Chair

 

3.            Apologies applications for a leave of absence by Joint Voting representatives

Cr B Bourke, Cr K Sajowitz, Cr P Miller, Mr P Devery, Ms C Weston, Mr S Harma, Mr A Albury

Resolved                                                                                                                            Cr K Keith/Cr J Webb

That the apologies for the Central NSW Joint Organisation Board meeting 22 August 2019 listed above be accepted.

 

4.            Minutes

4a        Noting of the Minutes of the GMAC meeting 24 October 2019 held in Orange 

Resolved                                                                                                                               Cr R Kidd/Cr M Kellam

That the Central NSW Joint Organisation Board confirm the Minutes of the GMAC meeting 24 October 2019 held in Orange.

 

4b        Confirmation of the Minutes of the Central NSW Joint Organisation meeting 22 August 2019 in Parkes

Resolved                                                                                                                             Cr S Ferguson /Cr R Kidd

That the Central NSW Joint Organisation Board confirm the Minutes of the meeting 22 August 2019 held in Parkes 

 

5.            Business Arising from the Minutes – Matters in Progress

Resolved                                                                                                                                  Cr B West/Cr K Keith

That the Central NSW Joint Organisation Board note the Matters in Progress, making deletions as suggested.


 

6.            Reports to Statement of Regional Strategic Priority

Priority One:     Inter-council Co-operation

a.            Procurement Report        

Resolved                                                                                                                                 Cr K Beatty/Cr B West

That the Board note the Procurement Report and

1.    approve the 12-month extension of the road signs contract (S1 2018) with Artcraft, Barrier Signs and DeNeefe until 31 December 2020;

2.    approve the 12-month extension of the bitumen emulsion contract (S2_2018) with Boral Asphalt until 31 March 2021;

3.    approve the 12-month extension of the linemarking services contract (R2_2018) with Avante, Central West Linemarking, Complete Linemarking, Oz Linemarking and Red Squirrel;

4.    approve a 6-month extension of the contract with Common Thread Consulting for the Procurement Support for Water Main Condition Assessment;

5.    approve the Water Main Condition Assessment Pilot contract to include a management fee of 1.5% of the total value of the contract, which will be payable by the successful Contractor/s; 

6.    note that the structure of contract management fees to CNSWJO will remain as is until the Best Practice in Aggregated Procurement Program is completed, at which time a report will be provided to GMAC and the Board on the recommendations for aggregated procurement by the JO, including a report on options on fees and funding of aggregated procurement;

7.    note the contract management fees being charged for current contracts; and

8.    receive reports regarding management fees for any upcoming procurement processes for approval of the percentage contract management fee to be charged.

 

b.           Energy Programming Report

Resolved                                                                                                                                    Cr R Kidd/Cr B West

That the Board note the Energy Programming Report and

1.    Vary the existing contract with Sourced Energy to raise the management fee from the large market retailer by 0.25% which will be payable to CNSWJO;

2.    Note the cost savings of $2.37m over 3 years achieved through the procurement process for the supply of electricity for large market sites;

3.    Draft a media release to voice frustration with the delays of the LED roll outs; and

4.    Investigate the opportunities of the recently announced renewable energy zone.

 

c.      Internal Audit and Risk Management Report

Resolved                                                                                                                            Cr B West/Cr S Ferguson

That the Board note the new Internal Audit and Risk Management Guidelines advice from the Office of Local Government and

1.    provide a response that:

a.    Is supportive of a strategic approach to internal audit and risk management;

b.    Suggests a less prescriptive approach, than that suggested in the guidelines;

c.     Is not supportive of leveraging Section 377 of the Local Government Act where Councils delegate internal audit and risk management functions to the JO;

d.    Notes the diversion of resource required for a Joint Organisation to fulfill these guidelines will be counterproductive and is at risk of contributing to JO network failure;

e.    Request that JOs be exempt from the new Internal Audit and Risk Management Framework for NSW; and

f.     Includes Member Councils concerns; and

2.    Members are encouraged to write their own responses.


 

d.     Administration Update  

Resolved                                                                                                                                  Cr B West/ Cr K Keith

That the Board note the timeline for the implementation of the JO.

 

Priority Two:           Regional Prosperity

a.    Central West and Orana Food and Fibre Strategy report

Resolved                                                                                                                                   Cr B West/Cr J Webb

That the Board note the report on the Central West Food and Fibre Strategy and

1.    endorse the Strategy; and

2.    note that advice on implementation is being progressed through the Regional Prosperity Subcommittee.

 

b.    Regional Prosperity and Advocacy Plan

Resolved                                                                                                                                   Cr B West/Cr K Keith

That the Board note the report on the Regional Prosperity Advocacy Plan;

1.    Adopt the Plan; and

2.    Share the policy position with LGNSW.

 

c.     Tourism Data Tool by WRI and support for a collaborative project with Arts Out West delivering arts and culture journeys

Resolved                                                                                                                                  Cr B West/Cr J Webb

That the Board note the report on the Tourism Data Tool and support for a collaborative project with Arts Out West delivering arts and culture journeys and;

1.    encourage members to support providing data into the program including promoting the visiting friends and relatives (VFR) survey though the community and through Council staff; and

2.    amend the Tourism Budget transferring the $5000 for the second round of the Regional Passport Project to a collaborative project with Arts Out West for arts and culture journeys.

 

Priority Three:        Regional Transport and Infrastructure

 

a.    Regional Transport Advocacy Policy, Prioritisation and Freight Links Mapping.

Resolved                                                                                                                                   Cr K Keith/Cr B West

That the Board

1.    Endorse the changes to the Department of Planning, Industry and Environment regional network map;

2.    Note the “Central West and Orana Transport Issues & Insights” report and that while it is complete, the transport planning process in region welcomes feedback through the JO;

3.    Provide a submission to the consultation on the Lithgow to Katoomba Corridor for the upgrade of the Great Western Highway within existing policy;

4.    Adopt the CNSWJO Transport Advocacy Plan noting the need to update the Matrix in line with advice below;

5.    Endorse the 58 projects listed on the Matrix to the with the exception of priority 1;

6.    Note priority 1 of the Matrix is under review to align it with the Transport Advocacy policy;

7.    Note that a review of the Matrix is underway;

8.    Write to the Minister seeking advice on the update of the Bells Line of Road Corridor;

9.    Provide updated mapping to the Board; and

10.  Provide a reviewed the Advocacy Plan that identifies one or two priorities for the Board to focus its advocacy efforts.


 

Priority Four:           Regional Water

a.    Regional Water, Advocacy Plan

Resolved                                                                                                                    Cr D Somervaille/Cr K Beatty

That the Board note the report on the Regional Water Advocacy Plan (the Plan) and

1.    Adopt the Plan; and

2.    Share the policy position with LGNSW.

 

b.    Regional Water Report

Resolved                                                                                                                              Cr B West/Cr M Liebich

That the Board:

1.    Note advice provided in the Confidential Briefing Note No. 3 regarding water security for urban water utilities in the current unprecedented drought;

2.    Note that GMAC have agreed to form a strategic subcommittee including the sponsoring GMs, other interested GMs, the Portfolio Mayor and Chair to provide a higher level of strategic support for a regional response to emergency town water needs and long-term planning  in the short term;

3.    Agree arrangements be developed with the strategic subcommittee and in consultation with member Councils for emergency water management between towns across the region that (based on previous Board policy) address the following heads of consideration:

a)    Arrangements for the sharing of water for emergency water needs between towns across the region so that the burden of providing infrastructure for critical urban water transfers is borne equitably by the region (for example through the development of instruments and agreements not structures);

b)    Ownership and management by LG of any such infrastructure built to transfer emergency water between towns across the region for critical human needs;

c)    On-going operational costs for emergency water infrastructure;

d)    A multi-source approach to the supply of emergency water that enables options to be switched on or off as needed with these to be linked to State and local based triggers; and;

e) &nbs