Agenda of Ordinary Meeting

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 - 649387

Recommendation

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

General Manager's 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 DECLARATION OF INTEREST - 2015 - 649389

Recommendation

THAT the Declarations of Interest be noted.

General Manager's 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 - 649390

Recommendation

THAT any Political Donations be noted.

General Manager's 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 - 649392

Recommendation

THAT the information contained in the Mayoral Minute be noted.

General Manager's 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 - 649393

Recommendation

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

Director of Finance and Corporate Services' 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 - 649394

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. Items 7 to 11 be moved and seconded.

Director of Finance and Corporate Services' REPORT

Items 7 to 11 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. May 26 2015 Ordinary Council minutes 2. June 9 2015 Extraordinary Council minutes
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2015 - 649395

Recommendation

THAT the minutes of the Ordinary meeting held 26 May 2015 and the Extraordinary meeting held 9 June 2015 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement.

1. Minutes of the Ordinary Council meeting held on 26 May 2015; and

2. Minutes of the Extraordinary Council meeting held on 9 June 2015.

ITEM 8 - ADOPTION OF INTEGRATED PLANNING AND REPORTING DOCUMENTATION

REPORT IN BRIEF

Reason For Report	To endorse Council's Integrated Planning and Reporting documents, including Delivery Program 2013/14 - 2016/17; Operational Plan 2015/16 and the Resource Plans (Workforce Plan, Asset Management Plan and Long Term Financial Plan).
Policy Implications	As per the OLG requirments for Integrated Planning and Reporting.
Budget Implications	Budget implications will be included in the Long Term Financial Plan, as part of the requirements for Integrated Planning and Reporting.
IPR Linkage	4.5.2.c. Engage with community to determine future needs & objectives
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2015 - 649965

Recommendation

THAT Council adopt:

1) The Draft Operational Plan 2015/16, including:

a) Part 1 – The Activities; and

b) Part 2 – Financials (including Fees and Charges); and

2) The Draft Resource Plans, including:

a) Workforce Management Plans; and

b) Asset Management Plans:

i) Asset Management Plan;

ii) Asset Management Policy;

iii) Asset Management Strategy;

iv) Water Supply Asset Management;

v) Building Asset Management Plan;

vi) Recreation Asset Management Plan;

vii) Transport Asset Management Plan;

viii) Sewer Asset Management Plan; and

ix) Long Term Financial Plan.

As amended at the extra-ordinary meeting held Tuesday 9 June, 2015.

Director of Finance and Corporate Services' REPORT

As part of the Integrated Planning and Reporting Framework introduced by the NSW Office of Local Government in 2009, a Community Strategic Plan (CSP) is a requirement. The CSP is supported by a Delivery Program (4 years), Resourcing Strategy (including Asset Management Plans, Long Term Financial Plan and Workforce Plan) and an Operational Plan (annual).

As required by the Local Government Act, 1993, Council reviewed these draft plans at the extra-ordinary meeting held on 5 May, 2015.

These draft plans were placed on public exhibition for a minimum 28 days, concluding on Tuesday 2 June, 2015. Council received a submission from Mrs Linda Milne regarding the cost of S603 certificates, which was adopted at the extra-ordinary meeting held on 9 June, 2015.

A copy of the plans and amended fees and charges has been forwarded to councillors on their iPads.

ITEM 9 - MAKING OF RATES AND CHARGES FOR 2015/2016

REPORT IN BRIEF

Reason For Report	To formally make the Rates and Charges for 2015/2016
Policy Implications	Nil
Budget Implications	Levy the 2015/2016 Rates and Charges
IPR Linkage	4.5.5.g. Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements
Annexures	1. Rating Summary 2015/2016 2. Fees and Charges 2015/2016
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2015 - 649571

Recommendation

THAT Council:

1. Adopt the Pricing Policy and Fees and Charges for 2015/2016.

2. Make and levy the rates for 2015/2016, as shown on the rating schedule attached.

3. Approve the definitions relating to the various “rating categories” in the annexure attached.

4. In accordance with Section 566(3) of the Local Government Act 1993, adopt the maximum rate of interest to apply to outstanding rates and charges for the 2015/2016 rating year. That rate is 8.5%.

Director of Finance and Corporate Services' REPORT

This report is presented to Council to formally make and levy rates, fees and charges for 2015/2016, as required by the Local Government Act, 1993.

Formal notification has been received from the Office of Local Government that the maximum interest rate allowable for overdue rates and charges will be 8.5% for the 2015/2016 rating year.

ITEM 10 - GOVERNANCE, RISK MANAGEMENT AND BUSINESS IMPROVEMENT COMMITTEE

REPORT IN BRIEF

Reason For Report	To recommend changes to the constitution of the Governance, Risk Management and Business Improvement Committee.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.5.c. Comply with internal audit requirements
Annexures	1. 2015 02 18 Governance Risk Management and Business Improvement Committee Minutes 2. Governance Risk Management and Business Improvement Committee Constitution
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUDIT\GOVERNANCE RISK MANAGEMENT AND BUSINESS IMPROVEMENT COMMITTEE - 652506

Recommendation

THAT the Constitution of the Governance, Risk Management and Business Improvement Committee be adopted and the minutes of the meeting held on 18 February be noted.

Director of Finance and Corporate Services' REPORT

A meeting of the Governance, Risk Management and Business Improvement Committee was held on 18 February 2015, a copy of the minutes are attached.

At the meeting the new Constitution and Terms of Reference adopted by Council at its November meeting were discussed and a number of changes were requested by the two independent committee members. A copy of the amended constitution is attached for Councils information and adoption if considered appropriate.

ITEM 11 - GOVERNMENT INFORMATION PUBLIC ACCESS ACT 2009 (GIPA) - AGENCY INFORMATION GUIDE AND PROACTIVE RELEASE PROGRAM - ANNUAL REVIEW

REPORT IN BRIEF

Reason For Report	For Council to consider its Agency Information Guide and Proactive Release Program for the 2015/16 year
Policy Implications	Nil
Budget Implications	"Access to Information held by Council" policy refers
IPR Linkage	4.5.2.d. Provide effective communications and information systems for residents
Annexures	1. DRAFT GIPA Agency Information Guide for Website 2015-2016
File Number	\OFFICIAL RECORDS LIBRARY\INFORMATION MANAGEMENT\RIGHT TO INFORMATION\GOVERNMENT INFORMATION - PUBLIC ACCESS - ACT - GIPA - 646436

Recommendation

THAT Council:

1. Adopt the annexed draft Agency Information Guide and Proactive Release Program, for the ensuing 12 months and make same available through Council’s website.

2. Submit their Agency Information Guide to the Information Commissioner.

3. Review its future Proactive Release Program features based on guidelines from the Information Commissioner once received.

Administration Manager's REPORT

Background

Council at its June 2010 meeting adopted its first publication guide as required under Section 21 of the GIPA Act (… must adopt its first “publication guide” within 6 months after the commencement of the Act).

Amendments to the GIPA Act passed by Parliament came into effect on 19 March 2012 and included renaming the Publication Guide to the “Agency Information Guide” (AIG).

The Information Commissioner nominated 31 July each year as the date by which Council must review, adopt and make its AIG available to the public online.

What is an Agency Information Guide?

To refresh Council’s memory an “agency information guide” is a guide (s20) that:

a) describes the structure and functions of the Council, and

b) describes the ways in which the functions (including, in particular, the decision-making functions) of the Council affect members of the public, and

c) specifies any arrangements that exist to enable members of the public to participate in the formulation of the Council’s policy and the exercise of the Council’s functions, and

d) identifies the various kinds of government information held by the Council, and

e) identifies the kinds of government information held by the Council that the Council makes (or will make) publicly available, and

f) specifies the manner in which the Council makes (or will make) government information publicly available, and

g) identifies the kinds of information that are (or will be) made publicly available free of charge and those kinds for which a charge is (or will be) imposed.

Council must make government information publicly available as provided by its AIG. This is done via Council’s website.

What is a Proactive Release Program?

Council is also required under the GIPA Act (s7 (3)) to identify information to be made available by proactive release. Council adopted its initial Proactive Release Program (PRP) at its June 2010 meeting and then reviewed and adopted it again in August 2011. In June 2012 Council adopted an amendment following review to its Proactive Release Program which meant for the following 12 month period it read as follows:

1. Any information formally requested, not requiring third party consultation, where the applicant has indicated that they will be requesting regular updates.

2. Media releases

3. Any Information considered to be of interest to the public (not already required to be released).

The 2013/14 and 2014/15 reviews did not change the PRP.

Recent proactive releases relating to 3. above includes:

(i) Information and various documents relating to the Molong gasworks site remediation

(ii) Information and various documents relating to Fit For The Future (FFTF) reforms

(iii) Information on statutory LEP matters - 2 separate rezonings

(iv) Planning proposals and exhibition information

(v) Informed community of sunset clause in current LEP and the ceasing of 'existing holding' provisions in January 2015

(vi) Updates on status of a fire at the Manildra community land fill site.

A copy of Council’s draft Agency Information Guide (which includes the PRP) proposed for the ensuing 12 months (2015/16) is annexed. No changes are proposed to the PRP this year.

However, it has been noted that Council will need to put some measures in place to identify additional information to include in its PRP prior to the next review. The Information Commissioner has flagged a focus on the PRP features of councils in her upcoming end of year report and in the self assessment response to her questionnaire (below) it was noted that council has some work to do.

Proactive Release Program Features	Yes	No	Comments/Details
Is the program endorsed by the General manager and observed by senior management?	X		Within resource constraints.
Does the program identify the categories of information repeatedly asked for, both formally and informally?		X
Does the program ask decision makers to consider, throughout the year, those initiatives, developments or projects relevant to Council that it wants the public to know about?		X
Does the program ask decision makers to identify and consider for release information Council has produced or acquired since the last review?		X
Does Council review its disclosure log to identify patterns or themes in the type of information sought?	X
Are staff asked to report on the information frequently requested?		X
Does Council have a procedure to check new information whenever created or received to identify whether it can be proactively released?		X
Does Council examine and consider the information made publicly available by other Councils on their websites?		X

ITEM 12 - FIT FOR THE FUTURE - COUNCIL IMPROVEMENT PLAN

REPORT IN BRIEF

Reason For Report	To endorse Council's submission of Council Improvement Plan (Template 2) to IPART.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.b. Maintain strong relationships and liaise effectively with all relevant government agencies and other councils
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\FIT FOR THE FUTURE - COUNCIL IMPROVEMENT PROPOSAL - 653470

Recommendation

THAT Council endorse the submission of the Council Improvement Plan (Template 2) as presented.

General Manager's REPORT

Council has received numerous reports regarding the State Government’s Fit for the Future local government reform package.

Consistent with Council’s resolution to lodge a stand alone submission the internal project team have been developing a response using Template 2 – Council Improvement Plan. Councillors were given the opportunity to provide input into the Council Improvement Plan at a workshop held on 9 June 2015.

The final document will be provided under separate cover, for council’s endorsement prior to submission to IPART by 30 June 2015.

ITEM 13 - STRATEGIC DIRECTIONS WORKSHOP

REPORT IN BRIEF

Reason For Report	To provide opportunity to further input and review council's strategic direction.
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\COUNCILLORS - 2012-2016\PROFESSIONAL DEVELOPMENT - CONFERENCES - 654154

Recommendation

THAT Council engage a consultant to facilitate a strategic directions workshop to be held on 11 August 2015.

General Manager's REPORT

With Council’s Fit for the Future response to be lodged by 30 June, it is an opportune time for council to conduct a focus workshop so councillors may have the opportunity to assess the strategic direction of the organisation for the 2012-2016 council term.

While the structure and format for the suggested workshop is yet to be determined, the aim of the workshop will be to review the outcomes of the future directions forum held at the beginning of the council term in 2012 and consider council’s priorities as it heads into the last year of the council term.

It is proposed to have the workshop facilitated by an external facilitator.

ITEM 14 - 2015 LG NSW ANNUAL CONFERENCE

REPORT IN BRIEF

Reason For Report	Seeking authorisation to send delegates to the 2015 LG NSW Annual Conference and development of Motions to be submitted.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.b. Maintain strong relationships and liaise effectively with all relevant government agencies and other councils
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\CONFERENCES\LGNSW CONFERENCE - 645921

Recommendation

THAT Council:

1. Be represented at the 2015 Local Government NSW Annual Conference by the Mayor, or his alternate delegate, two observers nominated by Council and the General Manager, or his alternate delegate, in an advisory capacity.

2. Identify issues and/or Motions to be submitted to the Conference.

General Manager's REPORT

The annual conference of Local Government NSW will be held at the Rosehill Gardens Racecourse in Sydney from 11-13 October 2015.

Councils will be able to submit motions for consideration of conference online. The LGNSW Board has resolved that motions will be included in the business paper for the conference where they:

1. Are consistent with the objectives of the Association;

2. Relate to Local Government in NSW and/or across Australia;

3. Concern or are likely to concern Local Government as a sector;

4. Seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association;

5. Have a lawful purpose (a motion does not have a lawful ;purpose of its implementation would require or encourage non-compliance with prevailing laws);

6. Are clearly worded and unambiguous in nature; and

7. Do not express preference for one or several members over one or several other members.

Council’s policy for the attendance of delegates and representatives at the LGNSW Conference is that the Mayor attends, if available, as Council’s Official Delegate, with the General Manager attending in an advisory capacity. Council’s policy also provides for up to two other Councillors being able to attend as observers and/or substitute delegates in the absence of the Mayor for any reason during the conference itself.

ITEM 15 - TOURIST OFFICE AT MOLONG RAILWAY STATION

REPORT IN BRIEF

Reason For Report	To seek council direction about tourist office relocation to the Molong Railway station.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.3.2.e. Ensure items and places of heritage significance are adequately protected
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\MOLONG LIBRARY - 652319

Recommendation

THAT Council provide direction regarding the options raised in the General Manager’s report.

General Manager's REPORT

Background

Council resolution 14/10/21 of 28 October 2014 was as follows:

“THAT Council consider the Connelly’s Store for a library site as a project to be funded under the Public Library Infrastructure Grants Program in this or future years.”

Council resolution 15/03/28-1 of 24 March 2015 was as follows:

“THAT Council relocate the Molong Library to Connelly’s Store and allocate $350,000 from the Capital Works reserve for the restoration and upgrade of Connelly’s Store to make it fit for purpose to operate as the Molong Public Library.”

Proceedings in brief from that meeting are as follows:

“In response to a question from Clr Davison regarding adding a relocation of the ‘Tourism Office’ to the Molong Railway Station, he was advised a separate motion would be necessary.”

Accordingly, Council resolution 15/03/28-2 of 24 March 2015 was as follows:

“That a report regarding the ‘Tourist office’ being relocated to Molong Railway Station with designs prepared and costings, be submitted to the June Council meeting.”

Subsequently, Council resolution of 15/04/34-15 on 28 April 2015 resolved:

“THAT the following motion be rescinded:-

"ITEM - 24 RELOCATION OF THE MOLONG LIBRARY TO THE CONNELLY STORE AND RESTORATION AND UPGRADE OF THE CONNELLY STORE TO ACCOMMODATE LIBRARY

RECOMMENDATION (Culverson/Wilcox)

THAT Council relocate the Molong Library to Connelly's Store and allocate $350,000 from the Capital Works reserve for the restoration and upgrade of Connelly's Store to make it fit for purpose to operate as the Molong Public Library.

1. Carried"

And replaced with the following motion:

THAT Council further investigates options for a proposed new Molong library.”

However resolution 15/03/28-2 of 24 March 2015 was not rescinded and therefore remains current.

It is noted the current resolution:

“THAT Council further investigates options for a proposed new Molong library”

will cause the Molong library to remain at its current location until a suitable alternative location can be determined and appropriately funded.

Currency of Resolution 15/03/28-2

Given the association between the removal of the library from the Molong Railway Station and resolution 15/03/28-2 to design and cost options to ‘relocate’ the tourist office to the railway station and the subsequent rescission of the resolution to relocate the library, until a later date, council direction is sought regarding its intention for resolution15/03/28-2.

Options

a) Resolution 15/03/28-2 is no longer required by virtue of the rescission of resolution 15/03/28-1.

b) Options for the use of the Molong Railway Station for council related purposes, including tourist office relocation, be incorporated into a broader review (incorporating options) of Molong based council building assets, owned or leased.

c) The cost for the review to be sourced from future capital works reserve.

ITEM 16 - STREET STALL AND RAFFLE TICKET POLICY

REPORT IN BRIEF

Reason For Report	Council requested an opportunity to modify this policy
Policy Implications	Yes - will become Council's policy on this matter
Budget Implications	Unknown - subject to changes made
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. Street Stall and Raffle Ticket Policy
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 651621

Recommendation

THAT:

1. The relevant councillor(s) raise the proposed changes for discussion.

2. The Street Stall and Raffle Tickets Policy be merged into the Event Management Policy, incorporating any changes made on the meeting day, and be submitted to Council for adoption.

Administration Manager's REPORT

At the 26 May 2015 meeting Council resolved:

“THAT Council receive a report at the next Council meeting in relation to:

1. A review of the Street Stall and Raffle Ticket policy to allow modification of the location used at Canowindra on weekends.

2. …”

The current Street Stall and Raffle Ticket policy is annexed and Council is requested to consider the proposed change(s) which will be advised on the day by a councillor.

It should be noted that the current policy requires the Risk Management Officer to assess the suitability of any site not currently listed on the policy. The Risk Management Officer will be available on Council meeting day to provide advice and if possible an initial assessment.

Policy rewrite

After an onsite inspection the necessary changes to the policy will be documented for Council’s approval.

During liaison with the Risk Management Officer it was also noted that additional updates are required to the policy and it may be even appropriate to combine the policy with the Event Management Policy.

Meeting Procedural statement

The code of meeting states: “Councillors are required to provide a copy of proposed motions relating to Agenda items to the minute taker prior to the commencement of the meeting.”

Accordingly, councillor(s) proposing a change are reminded to please provide requested changes / the proposed resolution to the minute taker prior to the meeting to allow the words to be displayed for consideration by all councillors.

ITEM 17 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

Reason For Report	Several requests for donations are submitted for Council's consideration.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.4.1.c. Provide assistance to community groups
Annexures	1. Molong Early Learning Centre - Request for Sponsorship - Ruby Gala Ball Oct 2015 2. Arts Grant Canowindra 3. Cows Create Careers Sponsor request 4. Kitcheners 100 request for donation
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2015 - 653435

Recommendation

THAT Council donate:

1. $300.00 to the Molong Early Learning Centre;

2. $250.00 to Dairy NSW to implement their Cows Create careers program at Canowindra;

3. $200.00 towards the publication of the book "Lord Kitchener's 100 Surgeons in World War 1"; and

4. $391.00 towards art supplies for the Canowindra Creative Centre project.

Community Services Manager's REPORT

Requests for donations have been received from the following groups.

Molong Early Learning Centre is seeking to raise $300,000.00 to build a purpose built childcare facility next door to their premises.

They will be holding a ruby gala ball on the 10 October 2015 and invite Council to take out a sponsorship package for the ball. Packages are:- platinum $2500.00, or gold $1250.00. Goods or services to use as prizes will also be valued and prizes valued at $300.00 and over will be awarded silver sponsorship and those between $50.00 and $299.00 bronze sponsorship.

The Early Leaning Centre is a community based organisation working to provide preschool and long day care services to the Molong community. The centre is currently supported by Council through rate concessions, and is considered worthy of further support towards their new project.

Dairy NSW have written to Council requesting financial support to bring the Cows Create Careers program to the Cabonne Area. The program will be operating at Canowindra High School and will run for approximately six weeks as a part of the agriculture curriculum.

Cows Create Careers promotes student interest in finding a career path in the Australian dairy industry, including the areas of agronomy, food sciences, business, commerce and economics, international trade and on-farm management.

Dairy NSW invites Council to consider sponsorship of this program for any of the three sponsorship investment tiers of $250.00, $500.00 and $1000.00.

Their program appears relevant to students considering a career in agriculture and a donation of $250.00 is considered appropriate.

Mrs Lina Moffitt has contacted Council seeking sponsorship towards publishing her book "Lord Kitchener's 100 Surgeons in World War 1". This book documents the experiences of the surgeons who responded to British Secretary for War, Field Marshal Lord Kitchener’s urgent plea to Australia for 100 doctors to come to Europe. One of the fathers of a surgeon was a farmer from Molong, Richard Ridge and one of his daughters owned 'Haddington' on the Molong Road.

Mrs Moffit has gained some financial support from the Australian Medical Association (as one of the doctors was their 1st President, Sir Henry Cecil Colville) and the Australian Society of Ophthalmologists for similar reasons. However, there is a shortfall of $4,200.00.

Mrs Moffitt would appreciate any assistance Council could give her. The interest that this book will have to readers is likely to be limited, however it does document a little known contribution made by surgeons during the First World War. Because of this it is considered that a donation of $200.00 would be appropriate.

Mrs Debbie Rutter has requested support from Council to assist in running an arts trial project in Canowindra.

The ‘Canowindra Creative Centre’ is a project to provide a venue and basic equipment for people who cannot afford to participate in more costly art/creative classes. Types of classes to be available would include painting, drawing, and mosaic.

Mrs Rutter has requested a donation of $300.00 to purchase basic art supplies. If the trial is successful it is planned that this will go on to be an ongoing service for the Canowindra Community.

As the organisers of this project have secured a venue and are keen to proceed with this project it is recommended that a donation of $391.00 be made which will fully expend available funds for donation this financial year.

There remains $1,141.00 available in the section 356 budget of $7,000.00 for expenditure in the balance of this financial year and if resolved by Council the items in this report will fully expend that.

Donations made so far this financial year from this budget allocation are as follows:

$ 630.00 Cabonne schools’ presentation days

$ 154.00 Molong Show Society

$ 200.00 Manildra Christmas Party

$ 350.00 Canowindra Domestic Violence Committee

$ 100.00 USU White Ribbon Day Appeal

$ 100.00 Bravehearts

$ 200.00 WIRES

$ 250.00 Sponsorship of book by Robert Ellis

$ 250.00 Pre2 Student Learning Day

$ 200.00 Yeoval Amateur Swimming Club

$ 200.00 Youth Off The Streets

$1,000.00 Cancer Care West – Clinical Trials Centre

$ 200.00 NAIDOC Week School Initiatives

$ 300.00 100 years of women in policing celebrations

$ 250.00 Team Canowindra cancer fundraiser

$ 200.00 CWA Youth Public Speaking Competition

$ 275.00 Transportation of Breast Screen van to Canowindra

$ 300.00 St Johns Anglican Church community garden

$ 300.00 Michael Reimer to participate in a study tour of Canada

$ 200.00 Cumnock Public School regional soccer and netball carnival

$ 200.00 Central West WIRES.

Total $5,859.00

ITEM 18 - LOCAL GOVERNMENT WEEK 2015

REPORT IN BRIEF

Reason For Report	To discuss activities for Local Government Week
Policy Implications	Nil
Budget Implications	Yes
IPR Linkage	4.5.2.c. Engage with community to determine future needs & objectives
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\LOCAL GOVERNMENT WEEK 2014 - 2018 - 651210

Recommendation

THAT activities for Local Government Week 2015 be determined.

Administration Officer's REPORT

Local Government Week is due to take place from Monday 3 August until Sunday 9 August 2015.

This year's theme is 'Active All Areas' which reflects the need for councils to engage with various communities which may differ by age, culture and race. It also reflects the need for councils to ensure those communities have physical accessibility and support.

Examples of possible events Council could hold might include:

· Tours of community services and council facilities, for example sewerage treatment plants, water treatment plants, quarry, Age Of Fishes Museum.

· Hold a Council meeting with students acting the part of the councillors

· Create a photograph competition for school children. The theme being “active in all areas”, with gift cards being awarded to the 1^st 2^nd and 3^rd prize winners.

· Heritage walks around the Cabonne region.

· Hold a session where local residents can ‘meet your local councillors’, either in council chambers or out in the community.

ITEM 19 - MARCH QUARTERLY BUDGET REVIEW

REPORT IN BRIEF

Reason For Report	To advise Council of the present position of the budget with regard to the original budget
Policy Implications	No
Budget Implications	Yes
IPR Linkage	4.5.5.g. Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements
Annexures	1. March QBR 14/15
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\QBR'S - QUARTERLY BUDGET REVIEWS - 651899

Recommendation

THAT Council note the variances in this report and authorise those changes to be updated into Council’s budget.

Senior Accounting Officer's REPORT

This review has been conducted in conjunction with the recent meetings with staff for the preparation of the 15/16 Budget and perusal of Council’s ledger.

There are major items in the capital works area but other changes are relatively minor.

Governance

A new item in the budget is Council’s Merger Business Case, this is an expected cost of $60,000, in part to be funded by a contribution from Orange City Council and the Office of Local Government, and the remainder to be funded from Council’s project, already identified in the budget, Enterprise Excellence vote . Another project identified in this area is the Fit for the Future template which is also being funded from a reduction in the vote for Enterprise Excellence.

Administration

An increase in the expected reduction of costs in the area of Administration with respect of the Administration Corporate charge is also noted in this review. In the initial Budget allocation -$603,450 was expected, now after other works have been noted that total is expected to rise to -$1,049,833. The present year to date figure is -$925,454.

Council’s determination to direct funding for the upgrade of Connelly’s Store has been mentioned in this report. The cost of $550,000 for the upgrade, $200,000 grant to become available and the remainder $350,000 to be funded from Council’s reserve. This matter will be subject to further discussion prior to the commencement of any works.

It should be noted that the original motion to relocate the library has been rescinded by Council.

A new item is the expense associated with the upgrade of the security system at the Orange Depot. That cost is expected to be $7,813 and is covered by a transfer from reserve.

Environment

The main item to note in this area is the remediation of the Molong Gasworks Site. Noted in this review is a cost of $1,571,000. This amount includes work that has already been completed, into the investigation of the site. A transfer from reserve has been noted for the full cost of the project. It is, however, expected that the project will come in under budget, in which case the transfer from reserve will be adjusted, accordingly .

The purchase of new software for mapping in the weeds area has also been noted in this review. This amount will be $13,500 and is funded by a decrease in operations costs.

Fire Hazard funding for regional roads of $41,748 has been received from the NSW Fire Service.

Recreation and Culture

An increase in Council’s contribution to the Central West Libraries has been noted, the amount is $33,983, and brings the total contribution for the current year to $276,033.

An amount of $15,000 has been allocated to the Canowindra Memorial playground to replace the soft fall.

Grant funding for the Canowindra Fitness Walk has also been received. This funding amounts to $25,000 and is given by NSW Sport & Recreation.

Transport & Communication

Receipt of an additional $1.5million is expected in the State Roads Ordered Works area, this now brings the overall total of Ordered Works in the current budget to $4.5million.

In the Local Bridges area an amount of $64,680 has been added to the original budget for Marylebone Bridge, as well as $665,498 allocated to Marylebone approaches. This brings the expected final cost to $1,131,000.

To complete Brymedura Bridge and associated works, ongoing from the previous year, a further $239,483 has been allocated in this budget review.

Cottons Bridge approaches have incurred a further cost of $22,660 and this is also noted in the March quarterly budget review.

The additional costs for the bridges have been withdrawn from the Future Capital Works Reserve.

Another significant project is the work to be carried out on the Cumnock s’s.

The total cost for this work has been entered into the budget as $384,500., grant funding is expected from two sources, $96,100 from the Heavy Vehicle Program and $192,300 from Fixing Country Roads. The remainder of the funding, $96,100 will come from the unallocated part of Council’s Block Grant.

Gumble Road is another significant item noted in this review. $2,252,600 has been allocated to the work. Funding, from grant sources, include $675,900 from Fixing Country Roads, and $1,126,500 from Heavy Vehicle Program. The remainder of the cost is Council’s contribution of $450,200 which will come from the Capital Works Reserve.

The work to rehabilitate Gaskill Street, from Blatchford Street to Ferguson Street, is noted in this review. This work is necessary for Council to take advantage of the RMS Black Spot grant funding for blister work in this area. The rehabilitation is expected to be $220,000 and is taken from the Capital Works Reserve.

Economic Affairs

Purchase of land in Obley Street, Cumnock has been noted in this review, $12,000, and the cost will be covered by a transfer from Capital Improvements Reserve for Cumnock.

ITEM 20 - EVENTS ASSISTANCE PROGRAM GRANT FUNDING 14/15

REPORT IN BRIEF

Reason For Report	For Council to consider two applications for funding under the 2014/15 Events Assistance Program
Policy Implications	Nil
Budget Implications	Funded from the Events Assistance Program.
IPR Linkage	4.4.1.c. Provide assistance to community groups
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2014 - 2015 - 651065

Recommendation

THAT Council approve funding for the following application under the 2014/15 Events Assistance Program:

1. Meet U In Molong for 2015 Meet U In Molong – approved level of funding of $1,000.

Economic Development Manager's REPORT

Council has received one application under the Events Assistance Program for the 2014/15 financial year.

Application 1
Organisation:	Meet U In Molong
Event:	2015 Meet U In Molong
Date:	19 September
Requested Amount:	$1,000
To be funded for:	A contribution towards the event marketing and advertising.
Description of the event:	Meet U In Molong is an annual event that includes motor cycle displays, motor cycle business stalls, vintage vehicles, musical entertainment, and other various market stalls.

Cabonne Council will be provided with the following opportunities and benefits as part of this event:

· Inclusion in all media and advertising, including social media.

· Exposure to a crowd of over 1000 people.

· Increased visitor spend.

Assessment

The submitted application meets the grant criteria of the Events Assistance Program.

In the past, Council has allocated $1285 to the Meet U In Molong event.

The application from the Central West Motorcycle Safety Group is to cover the cost of event promotion and it is reasonable when compared with other funding requests to assist with event promotion.

Allocation of EAP Funding 2014/15

Below is a summary of those who have received EAP funding during the current financial year:

Applicant	EAP Funding $
FOOD Week 2015	$ 3,000.00
100 Mile Dinner Canowindra	$ 1,315.00 and in kind
Taste Orange @ Watson Bay	$ 2,000.00
Orange Apple Festival	$ 1,500.00
Canowindra Balloon Challenge	$20,000.00
100 Mile Dinner Molong	$ 750.00
Banjo Paterson Festival 2015	$ 1,500.00
Wine Week 2014	$ 3,500.00
A Meeting With Banjo Paterson Yeoval	$ 773.50
Silent Disco Molong	$ 5,000.00
Canowindra Baroquefest	$ 2,869.00
Cowra/Cabonne Science Hub	$ 5,000.00
TOTAL	$47,207.20

$2,792.80 funding in the 2014/15 EAP budget is remaining.

ITEM 21 - EVENTS ASSISTANCE PROGRAM GRANT FUNDING 15/16

REPORT IN BRIEF

Reason For Report	For Council to consider two applications for funding under the 2015/16 Events Assistance Program
Policy Implications	Nil
Budget Implications	Funded from the Events Assistance Program.
IPR Linkage	4.4.1.c. Provide assistance to community groups
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2015 - 2016 - 654350

Recommendation

THAT Council approve funding for the following application under the 2015/16 Events Assistance Program:

1. Orange Region Vignerons Association for the 2015 Orange Wine Festival – approved level of funding of $3,500.

Economic Development Manager's REPORT

Council has received one application under the Events Assistance Program for the 2015/16 financial year.

Application 1
Organisation:	Orange Region Vignerons Association
Event:	2015 Orange Wine Festival
Date:	16 October – 1 November 2015
Requested Amount:	$5,000
To be funded for:	A contribution towards the event marketing and development of the program.
Description of the event:	Orange Wine Festival is one of the four in-region events that make up the ‘Taste Orange’ annual event program. Now in its tenth year, Orange Wine Festival is held in Spring and is the most important consumer and industry event on the local wine industry calendar. Orange Wine Festival is 17 days of events and activities showcasing the regions’ wines through wine shows, tastings, educational workshops, and celebrations using local produce and talent.

Cabonne Council will be provided with the following opportunities and benefits as part of this event:

· Council logo to be displayed on Wine Festival program, in advertising and on the website.

· New visitors to the region.

· Increased spend from visitors to the region.

· Increased awareness of the Cabonne region.

Assessment

The submitted applications meet the grant criteria of the Events Assistance Program.

In the past, Council has allocated $3,500 to the Orange Wine Festival.

The application from the Orange Region Vignerons Association is requesting $5,000 for event marketing and program development. This amount has been requested annually; however the approved level of funding from Council for the 2014 event was $3,500. Council advertises in the annual wine week program and that is an additional cost to the Council’s tourism promotions budget of $400.

Allocation of EAP Funding 2015/16

No funding has yet been allocated from the 15/16 EAP budget.

ITEM 22 - MOLONG COMMUNITY HALL - REQUEST TO WAIVE USAGE FEES

REPORT IN BRIEF

Reason For Report	The Salvation Army seeks Council approval to waive the fees for Red Shield Appeal.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.2 Health and aged care facilities meet local community needs.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\COMMUNITY HALLS - 650462

Recommendation

THAT Council donate the fees for use of the Molong Hall for the annual Red Shield Appeal.

Acting Director of Engineering & Technical Services' REPORT

The Salvation Army has approached Council to waive the fees for the use of the Molong Hall on 31 May 2015 during the annual Red Shield Appeal doorknock in Molong. The Salvation Army would normally book the Mitchell Room, but because the Mitchell Room was unavailable a section of the Molong Hall was used and the fee Council charged was $45.00.

It has been customary in the past for Council to make this donation as the Red Shield Appeal is the major fund raiser for the organisation. It would be appropriate for Council to donate the fees again for this year.

ITEM 23 - CANOWINDRA CONCRETE PATH

REPORT IN BRIEF

Reason For Report	Council to authorise funds to come from the Capital Works Reserve.
Policy Implications	Nil
Budget Implications	Transfer of funds from Capital Works Reserve
IPR Linkage	3.3.6.a. Construct budgeted improvements
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\TENDERING\CONTRACT 587183 - CONSTRUCTION OF NEW CONCRETE PATH - CANOWINDRA RECREATIONAL GROUND - 652427

Recommendation

THAT Council approve the transfer of additional funds from Capital Works Reserve to the Canowindra Concrete path.

OPERATIONS MANAGER ROADS & BRIDGES' REPORT

Council at the December 2014 meeting accepted a tender from PL McKenzie to construct a concrete path at Canowindra Recreation Ground to replace the existing asphalt path.

The total price of the contract and the cost of preparation work is $160,000.

Subsequent to the removal of the existing path, it was found that the underlying subsoil beneath the existing base had significant longitudinal cracking to a depth of 400mm. This cracking is a result of inconsistent subsoil moisture.

To prevent this longitudinal cracking transferring to the concrete footpath it was necessary to include a separating plastic membrane and include steel re-enforcing mesh into the concrete to ensure a structurally sound path that will withstand significant soil movement.

The additional cost to include the plastic membrane and the steel re-enforcing mesh is $40,000.

ITEM 24 - RESTART NSW WATER SECURITY FOR REGIONS GRANT: AFFIX COMMON SEAL ON THE RESTART NSW FUNDING DEED RNSW 757

REPORT IN BRIEF

Reason For Report	For council to authorise the affixing of the common seal to the funding deed.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.1.2.a. Construct new Cabonne water projects
Annexures	1. Restart NSW Water Security for Regions Grant June 2015 2. December 16 2014 Council report
File Number	\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\DESIGN AND CONSTRUCTION\PIPELINES - 652168

Recommendation

THAT Council:

1. Resolve to proceed with Stage 1 of the works described in this report; and

2. Authorise the affixing of the Common Seal to the Restart NSW Funding Deed, RNSW 757.

Operations Manager - Water and Waste's REPORT

1 Restart NSW Water Security for Regions Fund Round 2

On 12 November 2014, Council was informed by Infrastructure NSW that it was successful in the EOI process of the Restart NSW Water Security for Regions Fund Round 2. In the offer dated 12 November 2014, Council was asked to submit a joint submission with Orange City Council for a regional water network. Council worked closely with Orange City Council and consultants Hydroscience Consulting to develop designs and cost estimates for the project. Council submitted a grant application through the Restart NSW Water Security for Regions grant funding on 12 December 2014. A report was provided to Council on 16 December 2014 a copy of which is attached as an annexure for Council’s information

It was announced by the State Government in February 2015 that Council was successful in securing $16.665 million.

2 Grant Funding Shortfall

The amount requested through the round of grant funding was $22.3 million for the $23.5 million water security project. The remaining cost of $1.2 million would be sourced from the Cabonne Water Fund. The grant funding shortfall (from Council’s requested amount) is $5.635 million. Due to the grant funding shortfall the project has been split into two stages as below:

Stage 1:

a. Design and Construction of a raw water pipeline linking the Macquarie Orange Pipeline (MOP) to the Molong Creek Dam.

b. Design of a potable water pipeline that will transfer treated water from the Molong Water Treatment Plant to Cumnock and Yeoval.

c. Design of a drinking water reticulation system for Cumnock and Yeoval. This will include design for clear water reservoirs, pumping stations, chlorine booster stations, instrumentation and control and telemetry systems.

d. Land acquisitions and creations of easements.

e. Construction of town clear water reservoirs, chlorine booster stations, upgrade water services to meet drinking water standards, telemetry system and extension of water reticulation network and replacement of service connections to meet Australian Standards.

2. Stage 2:

a. Construction of the drinking water pipeline from Molong to Cumnock and other supporting infrastructure

b. Disinfection of the existing reticulation system in Cumnock and Yeoval

c. System commissioning

The total cost of Stage 1 of the water security pipeline project is estimated to be $16.33 million, which includes 20% contingency. The cost estimate was developed by Hydroscience Consulting in conjunction with Cabonne Council and Orange City Council using industry experience and the NSW Reference Rates Manual-Valuation of water supply, sewer and storm water assets

The Stage 1 of works will include the component of works that would make Stage 2 ready for construction. The design work that will be completed in Stage 1 will refine the cost estimates for the stage 2 construction phase.

To ensure that the project remains on budget, the project team will adopt the following:

1. An Asset procurement framework which will take advantage of joint procurement in materials and design;

2. Ongoing review of expenditure and monthly cash flow;

3. Council will continue to actively seek from grant funding opportunities through Restart NSW or other funding sources to complete the balance of the work (Stage 2: construction of the drinking water pipeline to Cumnock and Yeoval).

Importantly Council should know the results of the application for the additional grant funding from Restart NSW before the commencement of Stage 1 construction which is scheduled for September 2017.

3 Time Frame

The draft deed submitted to INSW assumes a construction commencement date for Stage 1 of Sep 2017 and completion by Jul 2018.

Restart NSW Funding Deed

The Restart NSW Funding Deed, RNSW 757 is the formal instrument of agreement between the Treasurer of NSW and Cabonne Council for the funding amount of $16,665,000 to complete Stage 1 of the works described in this report. It should be noted that Cabonne Council and Orange City Council have separate Restart NSW Funding Deeds. However, the Cabonne Council and Orange City Council Pipeline projects are seen by the State as a single regional water security pipeline project, which is consistent with the Restart NSW grant submission (December 2014).

In the revised Restart NSW funding application Council has stated that only part of the scope of works detailed in the original Restart NSW Water Security for Regions grant submission will be completed with the $16,665,000 of funding provided through this round of grant funding. This portion of works is referred to as Stage 1 in the funding agreement form.

In order for the Restart NSW Funding Deed to be accepted by Council and formalised, Council will need to:

1. Resolve to proceed with Stage 1 of the works described in this document

2. Affix the Common Seal of Cabonne Council on RNSW 757.

In accepting the grant funding, Council have agreed to commit to only Stage 1. It is important to note that Stage 1 also includes key components required in Stage 2. Furthermore, Council will continue to actively seek for Restart funding to complete Stage 2.

ITEM 25 - ACCEPTANCE LIBRARY INFRASTRUCTURE GRANT

REPORT IN BRIEF

Reason For Report	For Council determination to accept or reject the Library Infrastructure Grant 2014/2015
Policy Implications	Nil
Budget Implications	There will be budget implications. However the amount of Council contribution is not known at this stage. A finalised design of the Molong Library will need to be completed to develop cost estimates.
IPR Linkage	3.3.2.a. Review level of usage of libraries
Annexures	1. Public Library Infrastructure Grant 2014-15 - Grant Approval - Unsigned
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\MOLONG LIBRARY - 655115

Recommendation

That Council resolve to accept or reject the $200,000 Library Infrastructure grant funding.

Operations Manager - Water and Waste's REPORT

Council was successful in obtaining $200,000 through the Public Library Infrastructure grant applications 2014/2015. Council have to resolve to accept or reject the grant application by 24June 2015.

Council have been communicating with the NSW Library Funding and Advisory Services (LFAS) to clarify a few issues (the terms of the funding agreement are attached). The following information has been conveyed to Council from the NSW LFAS:

1. The current timeline to complete the construction of the proposed Molong Library is 30 December 2015. The timeline to complete the project can be extended. An additional year is common for building projects.

2. Variations to the original grant submission are possible. The criteria that would be taken into account to approve the variations would be the new library will have a floor area greater than 190sqm (increase the floor area of the existing library by 2.5 times to comply with library guidelines), have improved facilities, located in a better location (better accessibility) and that Council funding contribution will be fair.

3. Council can accept the grant funding before the deadline. The grant funding may be returned to the funding source. However, interest may apply if money is kept for a significant time. The amount of interest to be paid will depend on the time Council has held on to the funding.

4. Council do not have a finalised design of the proposed new Molong Library to develop cost estimates. The floor area of proposed Molong Library described in the Library Infrastructure grant submission was 200sqm and is estimated to cost $550,000.

Considerations:

· Taking into consideration Item 1, extension of the project to 2 years would give Council sufficient time to develop a design for a library that is fit for the community. This would also allow more time for Council to rationalise assets owned by Council.

· Item 2 will be an issue as the Connelly Store will not have sufficient space without extension of the existing building. An indicative cost estimate would be $456,000 based on the required floor area and $2,000/sqm (advised by architect) and 20% contingency.

· Item 3 will allow Council to accept the grant before the end of the 14/15 financial year, but may be liable for interest which amounts to approximately $10,000/annum (based on 5%/annum of $200,000).

Council should consider the above information and resolve to accept or reject the Library Infrastructure grant funding.

ITEM 26 - HANOVER BRIDGE - LAND ACQUISITION

REPORT IN BRIEF

Reason For Report	To acquire land in order to realign the road and Hanover Bridge on Banjo Paterson Way between Cumnock and Yeoval
Policy Implications	Nil
Budget Implications	$10,000 sourced from project allocation
IPR Linkage	1.1.4.d. Regional bridge construction undertaken
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ACQUISITION\HANOVER CREEK BRIDGE - LOT 7300 DP 1144896 - CROWN - 653033

Recommendation

THAT Council:

1. Authorise the purchase of 4,330 sq m of land from Lot 1 DP 928296 and Lot 1 DP1098953 for a purchase price of $2,000;

2. Authorise the purchase of 5,500 sq m of land from Lot 7300 DP1144896 for a purchase price to be determined by the Valuer General;

3. Agree to pay all fencing costs associated to the road realignment;

4. Agree to pay reasonable legal fees, survey fees and plan lodgment fees associated to the purchase;

5. Authorise the affixation of the Common Seal to the Crown licence documents; and

6. Authorise the affixation of the Common Seal and appropriate signatures on any associated land transfer documents.

Manager Technical Services' REPORT

Council is wishing to commence construction of a new bridge to replace Hanover Bridge on Banjo Paterson Way (shown on the map below). As part of the construction Council intends to complete a realignment of the road in order to straighten up this section of road and as such is required to acquire land.

Council has been in negotiations with the affected landowners and has successfully reached agreements with the property owners regarding the purchase of 4,330 sq m of land from part of Lot 1 DP 928296 and Lot 1 DP 1098953 for $2,000. Council has agreed to pay all associated legal costs, lodgement fees and fencing costs.

Council has also been in negotiations with Crown and has obtained a Licence agreement offer to allow Council to commence construction on the land whilst a land acquisition is being completed for the purchase of 5,500 sq m of land. Council will be required to pay a Licence Fee in order to commence construction as well as fencing, legal and lodgement fees associated with the acquisition.

ITEM 27 - AMSAG RALLY

REPORT IN BRIEF

Reason For Report	For Council to ratify the Traffic Committee recommendation.
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\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 653335

Recommendation

THAT the Traffic Committee recommends that the application be denied; and, further, should this applicant wish to reapply to undertake this event it is recommended that the following conditions be requested:

1. The A minimum of 6 months notice of the event

2. The supply of a Traffic Control Plan (TCP) in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.4 August 2006) for a Class 1 event a minimum of 6 months before the event that:

a) includes the specific location of Marshalls along each section of the proposed route

b) includes the specific location for spectators and measures undertaken for their protection

c) Is set up under by those with a current RMS accredited “Apply TCPs” (RMS Yellow Ticket) person

d) Only RMS accredited Traffic Controllers (Blue/Grey Ticket) shall operate the road closure locations

e) a detailed procedure to allow ingress and egress to and access between properties on the closed road network, including a designated UHF channel for residents to contact event coordinators for said movements

3. The event organiser shall notify all residences affected by the event, including detailed locations of closures, times of closures and procedures for access through the closed areas to properties

4. The event organiser shall notify all emergency services of the event

5. The event organiser shall obtain written Police approval to conduct the event

6. The event organiser must have public liability insurance cover to the value of $20 million, with Cabonne Council noted as an interested party and with the date and time of the event

7. The event organiser shall be responsible for the cost of repairing any damage caused to Council infrastructure as a result of the event.

a) The event organiser shall supply a bank guarantee for the full amount of maintenance grading all Council’s roads affected by this event, at a rate of $1,485 per km. Council shall draw on only the funds necessary to repair damages caused by this event

b) Council shall inspect and document the condition of the road before and after the event to enforce condition 7(a).

Manager Technical Services' REPORT

Council has received an application, which has been reviewed by the Local Traffic Committee, from the Australian Motor Sport Action Group to conduct a rally in the region surrounding Eugowra on 15 August 2015. This event is being proposed to be run as per the 2012 event at the same location and the majority of the documentation is recycled from the previous event.

Council notes that this event application was submitted on 14 May 2015. This is less than the advised 6 months required by Police for a Class 1 Event.

Council has already received complaints regarding this event from residents in the vicinity of the C8 and C4 sections of this proposal, stating that the all-day road closures will have adverse impacts on their capacity to undertake the work required on their properties. Further, Council notes the negative impact this event had on the community in 2012 as per Item 32 in the July 2012 Business Paper.

ITEM 28 - HERITAGE GRANTS 2015/16 PROGRAM

REPORT IN BRIEF

Reason For Report	To seek Council approval for allocation of funding.
Policy Implications	Nil
Budget Implications	In accordance with budget
IPR Linkage	4.3.2.a. Facilitate annual Heritage Assistance Program (HAP)
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\HERITAGE GRANTS 2015 - 653398

Recommendation

THAT the application to repair and replace eight (8) windows at Lot 1 DP 355631, 5 Convent Lane, Borenore be supported and that a funding offer of $500.00 be made to Ms Marie Henry

Director of Environmental Services' REPORT

Council has received an application to repair and replace eight (8) windows at Lot 1 DP 355631, 5 Convent Lane, Borenore, being the CWA Hall. The building is identified as having local heritage significance.

The building has rotting timber windows with two on the west and one on the north while the two on the front and two on the east require preparation and paint.

Replacement and repair of windows result in an estimated cost of $7,700. The applicant seeks a grant towards this project.

The Heritage Advisor has reviewed the application and is in support of the project subject to conditions, for inclusion in the 2015/16 heritage grants program.

ITEM 29 - REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2015/0118 - SHADE SHELTERS UPON LAND KNOWN AS LOTS 1 & 2 SECTION 2 DP 5907 AND LOT 2 DP 112234 MCLAUGHLAN STREET, CUMNOCK

REPORT IN BRIEF

Reason For Report	To obtain Council approval for the donation of $582.50 as reimbursement of development application fees paid in association with DA 2015/0118 for shade shelters upon land know as Lots 1 & 2 Section 2 DP 5907 and Lot 2 DP 112234 McLaughlan Street, Cumnock.
Policy Implications	Nil
Budget Implications	s356 Budget
IPR Linkage	4.5.3.a. Provide efficient and effective development assessment
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2015\03-2015-0118 - 652859

Recommendation

THAT Council donate $582.50 from its s356 budget to the Cumnock Swimming Pool Committee, being the amount equivalent to DA fees paid in association with Development Application 2015/0118 for 2 shade shelters on Lots 1 & 2 Section 2 DP 5907 and Lot 2 DP 112234 McLaughlan Street, Cumnock.

Senior Town Planner's REPORT

Council has received a request from the Cumnock Swimming Pool Committee seeking reimbursement of fees paid in association with DA 2015/0118 for 2 shade shelters on Lots 1 & 2 Section 2 DP 5907 and Lot 2 DP 112234 McLaughlan Street, Cumnock.

The fees paid totalled $582.50 and consisted of the following:-

Development Application $191.00

Construction Certificate $111.50

Inspections $280.00

The DA for this application has been approved and consent granted on 19 February 2015.

Council’s Donations policy (dated 17 December 2012) includes the following procedural statements:

1. Development Application (DA) fees

Council will donate an amount equal to refunding the actual amounts paid as Council DA fees and charges, as defined, in instances relating to Council owned / controlled or Crown Land where the improvement would become a Council Asset.

Any requests for a refund/donation of DA fees by Not-For-Profit/Community Organisations will be submitted for consideration by Council with the amount to be refunded / donated to be determined on a case by case basis.

For clarity it is noted the following fees are not eligible for donation: statutory fees such as long service levy, advertising, planning reform (plan first levy) and other fees which may be charged including inspections, occupation certificate, subdivision, subdivision certificates, integrated development and principal certifying authority.

All fees associated with development applications, construction certificate applications and complying development applications are to be paid with the application. Requests for a refund of DA fees are to be made in writing on the prescribed form, stating the grounds or reasons justifying why Council should donate an amount equal to the relevant fees.

Fees to be donated back to the applicant will only be donated after determination of the relevant application.

Council staff may process any such requests within the limits of the policy. Any requests exceeding the policy are to be reported to Council for consideration.

Although the policy states that inspection fees should not be refunded, it is recommended that these fees be considered for donation back to the applicant as the development will become a Council owned asset.

ITEM 30 - DA 2015/0163 DWELLING ON LOT 44 DP 1112402, 91 HEIFER STATION LANE, BORENORE

REPORT IN BRIEF

Reason For Report	For Council's determination as the proposal is inconsistent with the provision pertaining to visual amenity in rural areas in DCP 5 General Rural Zones.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a. Provide efficient and effective development assessment
Annexures	1. DRAFT CONDITIONS OF CONSENT
File Number	\Development Applications\DEVELOPMENT APPLICATION\2015\03-2015-0163 - 653393

Recommendation

THAT Development Application 2015/0163 for a Dwelling on land described as Lot 44 DP 1112402, 91 Heifer Station Lane, Borenore, 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.

SUMMARY

The following report provides an assessment of the development application submitted for a Dwelling on land described as Lot 44 DP 1112402, known as 91 Heifer Station Lane, Borenore.

The proposed development for a dwelling is generally consistent with the LEP and DCP provisions. The applicant does however seek a request to vary the DCP provisions regarding visual amenity. The proposal seeks to use external cladding consisting of zincalume for the proposed dwelling. Clause 3.3.7 of DCP 5 General Rural Zones requires buildings to be clad in non-reflective surfaces. The applicant seeks to vary this requirement as the siting for the proposed dwelling and the existing vegetation will not have a significant adverse impact on any adjoining dwellings/land or traffic on nearby road systems.

It is recommended that the application be approved and the variation supported subject to conditions of consent.

Applicant: Andrew Napier

Owner: AC & HT Napier

Proposal: Dwelling & Ancillary development

Location: Lot 44 DP 1112402, 91 Heifer Station Lane, Borenore

Zone: RU2 Rural Landscape

THE PROPOSAL

It is proposed to seek consent for a detached two (2) storey dwelling on the subject site. The proposed dwelling will consist of four (4) bedrooms with master bedroom including WIR, ensuite and office; open plan dining, kitchen and lounge, main bathroom, laundry and wet room, deck and carport.

Ancillary development also includes carport/garage within the building envelope, earthworks and retaining walls. The applicant also advises of a home business which may be considered as exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Access to the site is via Heifer Station Lane via an existing access point.

The site is not connected to reticulated sewer or water. As such, onsite provisions for potable water and onsite effluent management will be required.

Electricity is available in the surrounding locality and will be upgraded (at the developers costs) if necessary.

Site

The subject site is located approximately 5-6km from the western boundary of the City of Orange. The site is adjacent to and borders the Molong Creek. The site is on the southern side of the Escort Way with access via Heifer Station Lane via an existing access point. The site is located at an altitude of 810-860m (sloping from west to east). The site contains existing structures (former shearing shed and shearer’s cottage) that have been converted to a bed and breakfast and tourist accommodation. The remainder of the site is used for continued agricultural practices.

Site Map

Background

The subject site (Lot 44 DP 1112402) was created vide subdivision 2005/351 under the provisions of Clause 15 of Cabonne Local Environmental Plan 1991.

A modification application requested the road contributions condition be removed and be applied at the time of DA for any future dwelling. The modification application was approved 23 November 2005.

The subject lot was subsequently registered 28 September 2007.

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

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,

(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 RU2 Rural Landscape
Lot size map	Minimum lot size – Clause 4.2A(3)
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	Has biodiversity sensitivity on the subject land
Flood planning map	Not within a flood zone
Natural resource – karst map	Not within a karst area
Drinking water catchment map	Is within a drinking water catchment area
Riparian land and watercourse map, groundwater vulnerability map	Groundwater vulnerable
Land reservation acquisition map

These matters are addressed in the report following.

Cabonne Local Environmental Plan 2012

The subject land is zoned RU2 Rural Landscape by the Cabonne Local Environmental Plan 2012. A Dwelling is permissible within this zone, subject to Council’s development consent.

A dwelling is defined under the standard instrument as a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

The proposal is consistent with the definition.

Objectives of the RU2 Rural Landscape zone

The proposal is not contrary to the aims of the LEP or the objectives of the RU2 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 maintain the rural landscape character of the land.

· To provide for a range of compatible land uses, including extensive agriculture.

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

· To provide for a range of tourism-related uses that support the agricultural industry or are compatible with agricultural uses.

· To protect drinking water catchments from the impacts of development by minimising impacts on the quality and quantity of water entering drinking water storages.

Part 2 – Permitted or prohibited development

The proposed development for a dwelling is a permitted land use in the RU2 zone; with Council consent.

Part 4 – Principal development Standards

Clause 4.2A Dual occupancies and rural dwellings on land on RU1 and RU2 zones

The proposed development for a dwelling meets the subclause 3(c) “is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dual occupancy or dwelling house was permissible immediately before that commencement”.

The land (Lot 44 DP 1112402) was created vide subdivision 2005/351 under the provisions of Clause 15 of Cabonne Local Environmental Plan 1991and was subsequently registered 28 September 2007. Clause 15 of CLEP 1991 related to subdivisions for other purposes. The main purpose of the subdivision and subsequent use of the land was for a tourist facility. Clause 18(1)(b)(ii) of CLEP 1991 then permitted the erection of a dwelling as being ancillary to the approved use of the subject land for a purpose other than agriculture.

It is noted that the purposes for which the land was created, ie a tourist facility, is still being operated as such.

Therefore, it is considered the proposal for a dwelling meets the requirements of both CLEP1991 and CLEP 2012 via Clause 4.2A(3)(c) .

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

Whilst the subject land is identified as “Biodiversity” on the Terrestrial Biodiversity Map (Apple Box - Yellow Box - Mountain Gum open-woodland on flats and low hills of the central tablelands <30% Remaining; Vegetation on Overcleared Landscapes), the proposed development for a dwelling is not likely to have any adverse impact on the flora and fauna of the land. No additional measures are required to minimize or mitigate the impacts of the proposed development.

Clause 6.4 Groundwater vulnerability

The subject land has been identified as “Groundwater Vulnerable” on the Groundwater Vulnerability Map (Moderately High – High). The proposed development for a dwelling will not have any adverse impacts on groundwater dependent ecosystems or any cumulative effect on the groundwater system itself. The development will not result in groundwater contamination. No additional measures are required to avoid, minimize or mitigate impacts of the proposed dwelling. An on site effluent management study and a preliminary contamination report for the site (building envelope area) has been provided.

Clause 6.5 Drinking water catchments

The subject site is identified as drinking water on the Drinking Water Catchments Map. This catchment extends along Molong Creek and its tributaries. The proposed development for a dwelling is to be located in excess of 300m from Molong Creek and as such any proposed earthworks are not considered to have any adverse impact. Sediment and erosion control measures will be conditioned as a part of any approval. The proposal does not include any additional dams or water storage that would/could impact water quality or quantity of water entering the catchment.

Clause 6.6 Riparian land and watercourses

The site is identified as “Watercourse” on the Riparian Lands and Watercourses Map (Molong Creek). The proposed development for a dwelling is unlikely to have an adverse impact upon the water flows; any aquatic or riparian species, habitats or ecosystems; stability of the bed or banks of the watercourse; or impact upon any future rehabilitation of the watercourse or riparian area as the proposed dwelling location and building envelope is not in close proximity to the creek (>300m).

Clause 6.8 Essential services

Adequate provision of power, telecommunications, potable water, on site effluent management and access can be provided for the site; as such meets the requirements of the clause.

REGIONAL ENVIRONMENTAL PLANS

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

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No.44 (Koala Habitat) applies to the land.

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat. The applicant has not addressed the SEPP; however, the subject land is generally cleared and the proposed development will not impact upon any existing vegetation. There are no known sightings of koalas in the locality, or sources of koala habitat.

State Environmental Planning Policy (Rural Lands) 2008 applies to the development. The proposed development is consistent with the provisions of the SEPP.

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 s79C(1)(a)(iii)

Development Control Plan No 5 – General Rural Zones applies to this development and is generally consistent with the provisions of the plan.

The proposal does however seek to vary Clause 3.3.7 of DCP 5 pertaining to visual amenity. The clause generally requires buildings to be clad in non-reflective surfaces. The proposal seeks to use zincalume for the external cladding of the proposed dwelling. Whilst the applicant indicates that existing vegetation and the proposed location of the dwelling will have a negligible impact, Council has consistently referred these matters to Council for determination. A variance of this requirement is considered to be appropriate in this instance.

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

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

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

Siting /location

The proposed dwelling and on site effluent management system is to be sited within the registered building envelope. The proposed dwelling will have an approximate setback of 75-80m from the western boundary; and 55-60m from the southern boundary; and in excess of 150m from the northern boundary of the site. Proposed setbacks are considered to be satisfactory.

Development is consistent with the surrounding locality being dwellings associated with agricultural holdings (mainly grazing).

Visual amenity

The proposal seeks to use external cladding consisting of zincalume. DCP 5 Clause 3.3.7 generally requires buildings to be clad in non-reflective surfaces. The applicant seeks to vary this requirement as the siting for the proposed dwelling and the existing vegetation will not have a significant adverse impact on any adjoining dwellings/land or traffic on nearby road systems.

The proposed dwelling site is not visible from Heifer Station Lane; is approximately 600m from The Escort Way with existing well established planting of trees (8-10m in height) around the site. It is noted the site line to the proposed dwelling is perpendicular to The Escort Way and as such will not interfere with traffic. As such, the proposed dwellings construction material (zincalume) will not have an adverse visual impact on the remainder of the site or the surrounding locality.

Access and traffic

Access to the subject land is via Heifer Station Lane and an existing access point. A site inspection has revealed that the existing access point meets Council’s current engineering specifications for the provision of private access and as such no additional upgrades are required.

The internal access road meets the 2 wheel drive standard with no additional upgrades required.

Whilst there will be a slight increase in the number of traffic movements for the proposed dwelling, the existing road network is considered to cater for any minor increase.

THE SUITABILITY OF THE SITE s79C(1)(c)

Physical Attributes and Hazards

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

DEVELOPMENT CONTRIBUTIONS

Section 94 Road Contributions were placed on the original subdivision (DA 2005/351); however a further modification application requested the road contributions condition be removed and be applied at the time of DA for any future dwelling. The condition was removed from the original consent with the modification being supported by Council at the time of application.

As such Section 94 road calculations (based on the current 2007 contribution plan) are as follows – 870m of gravel road, Zone C (25% discount after first km)
$10,675.00 / 1000m x 870m = $9,287.25

Section 94 Bushfire Contributions were paid prior to the release of the linen plan for DA 2005/351 and as such is not triggered via the proposed development.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

The proposed development is not advertised development and due to the nature of the proposal was not required to be neighbor notified.

PUBLIC INTEREST s79C(1)(e)

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

CONCLUSION

The proposed development for a Dwelling is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP and is generally consistent with the provisions of DCP 5 General Rural Zones. The applicant has sought to vary the DCP provisions regarding visual amenity. The proposal seeks to use external cladding consisting of zincalume for the proposed dwelling. Clause 3.3.7 of DCP 5 General Rural Zones requires buildings to be clad in non-reflective surfaces. The applicant seeks to vary this requirement as the siting for the proposed dwelling and the existing vegetation will not have a significant adverse impact on any adjoining dwellings/land or traffic on nearby road systems. As such, the request to vary is considered appropriate in this instance. A section 79C assessment of the development indicates that the development is acceptable in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

ITEM 31 - DA 2015/149 DWELLING UPON LOT 361 DP 1193438, 2043 BURRENDONG WAY, MULLION CREEK

REPORT IN BRIEF

Reason For Report	For Determination as the proposal is inconsistent with Cl 4.6 of the Cabonne LEP 2012
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a. Provide efficient and effective development assessment
Annexures	Nil
File Number	\My Workspace\Enviro Services\STAFF FOLDERS\Kate\DA Reports - 643727

Recommendation

THAT Development Application 2015/149 for a dwelling upon Lot 361 DP 1193438 land also known as 2043 Burrendong Way, Mullion Creek be refused as the application is inconsistent with the provisions of Clause 4.6 of the Cabonne LEP 2012.

Senior Town Planner's REPORT

ADVISORY NOTES

Record of voting

Political Disclosures

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 development application 2015/149 submitted for a dwelling upon Lot 361 DP 1193438 land also known as 2043 Burrendong Way, Mullion Creek. The application seeks consent under clause 4.6 Exemptions to Development Standards as the total area of the site equates to 90.02 Ha; 9.98 Ha less than the minimum lot size for a dwelling in the RU1 Primary Production zone.

The application has been referred to the Council for determination as the proposal is inconsistent with Clause 4.2A and Clause 4.6 of the Cabonne LEP 2012.

An assessment under clause 4.6 has been undertaken and it is recommended that the application be refused.

Applicant: Peter Basha Planning and Development

Owner: BM McCarthy

Proposal: Dwelling

Location: Lot 361 DP 1193438 - 2043 Burrendong Way, Mullion Creek

Zone: RU1 Primary Production

The PROPOSAL

Council approval is sought for a dwelling upon the subject land. The proposed dwelling is a single storey rural design comprising 4 bedrooms (with ensuite to main), open plan kitchen/living/family area, formal lounge/dining, home theatre, office, bathroom, laundry and attached car garage. The proposed dwelling is located on the northern side of the lot and is setback 100 m from the northern boundary. It is noted there is no dwelling envelope registered on Lot 361 DP 1193438.

External construction materials are face brick walls and colorbond roof sheeting, colour is yet to be advised.

It is proposed to construct a new vehicle access and internal driveway to Burrendong Way (sealed). In terms of utilities, water supply is from rainwater tanks. Wastewater management is via a septic system which is subject to separate Section 68 approval for on-site wastewater management. Power is available for connection at the developers cost.

The SITE

Lot 361 DP 1193438 was created via subdivision (DA 2013/30) registered 9 April 2014. Lot 361 has a total area of 90.02 Ha and the land was created under clause 12 of the Cabonne LEP 1991. The Development Application for subdivision states Lot 361 is created for the purposes of agriculture only and a dwelling is prohibited upon the land. No terms or restrictions applying to Lot 361 were registered on the title.

BACKGROUND

A search of Council records indicates there is a history of subdivision of the original agricultural holding which had a total area of 373 Ha in 1973. In summary the following subdivisions apply to the subject land:-

Application Number	Registered	Description
Subdivision No. 1064	12/10/1973	2 lot subdivision (40 Ha & 333 Ha)
DA 82/27	5/11/1982	2 lot subdivision (61Ha & 272Ha)
DA 82/59	1/6/1983	3 lot subdivision (40 Ha 42 Ha & 189.5 Ha)
Road Resumption	29/4/1996	Crown Road
DA 2013/30	9/4/2014	2 lot subdivision (100 Ha & 90.02 Ha)

Further to this, a SEPP 1 application (DA 2013/30) was previously submitted to Council on 21^st August 2012 for 2 lot subdivision of former lots 342 & 343 DP 823432. The SEPP 1 application was reviewed by Council and deemed non-compliant with the development standards. After consultation with the planning consultant, the SEPP 1 proposal was reviewed and original plans superseded. A revised proposal was received by Council, not seeking a SEPP 1 exemption and the DA for subdivision was approved on 20 March 2013, creating Lots 360 and 361 DP 1193438.

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

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,