Agenda of Ordinary Meeting - 23 February 2016

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 - 718675

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 - 718676

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 - 718677

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 - 718678

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 - 718679

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 - 718680

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. Items 7 to 10 be moved and seconded.

Director of Finance and Corporate Services' REPORT

Items 7 to 10 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. December 15 2015 Council minutes 2. January 19 2016 Extraordinary Council minutes
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2015 - 718681

Recommendation

THAT the minutes of the Ordinary meeting held 15 December 2015 and the Extraordinary meeting held 19 January 2016 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement.

1. Minutes of the Ordinary Council meeting held on 15 December 2015; and

2. Minutes of the Extraordinary Council meeting held on 19 January 2016.

ITEM 8 - AUSTRALIA DAY AWARDS COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of Australia Day Awards Committee Recommendations.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.f - Code of Meeting Practice adopted and implemented.
Annexures	1. December 15 2015 Australia Day Committee report of
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2016 - 718682

Recommendation

THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 15 December, 2015 be adopted.

Administration Manager's REPORT

Attached is the report of the Australia Day Awards Committee Meeting of Cabonne Council held on 15 December, 2015 for Council’s adoption.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this report relates to a matter of an ongoing nature and it is considered it complies with the guidelines.

ITEM 9 - INTEGRATED PLANNING & REPORTING TIMETABLE

REPORT IN BRIEF

Reason For Report	To advise on required changes to Council meeting dates due to Operating Plan advertising requirements.
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\PLANNING\INTEGRATED PLANNING AND REPORTING 2015 - 734251

Recommendation

THAT Council hold extraordinary meetings on 12 April, 10 May and 14 June 2016 as required under the Integrated Planning & Reporting process.

Director of Finance and Corporate Services' REPORT

Council staff are progressing with the draft Operational Plan and Budget for the 2015/16 year and at this stage it is anticipated that councillors will be provided with a copy of the draft budget on the March Council meeting day.

In order to consider the draft budget, Council needs to hold an extraordinary meeting on 12 April 2016. Copies of the draft Operational Plan and associated documentation should be available for councillors at the April Council meeting.

In order to consider the draft Operational Plan and associated documentation, Council needs to hold an extraordinary meeting on 10 May 2016, at that time Council will resolve to advertise the draft plan inviting submissions.

In order to consider the submissions received, Council needs to hold an extraordinary meeting and allow 28 days for advertising. It is proposed that Council conduct an extraordinary meeting on 14 June 2016 to consider any submissions received.

Council will then consider/adopt the final plan at the 28 June 2016 Council meeting.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this report relates to a matter of an ongoing nature and it is considered it complies with the guidelines.

ITEM 10 - TRAFFIC COMMITTEE MINUTES AND AGENDA

REPORT IN BRIEF

Reason For Report	For council to determine the recommendations from the Traffic Committee meeting held 26 November 2015.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.1.2.a. Implement Roads & Maritime Services road safety program
Annexures	1. Traffic Committee 26 Nov 15 Minutes 2. Traffic Committee 26 Nov 15 Agenda & Reports
File Number	\OFFICIAL RECORDS LIBRARY\TRAFFIC AND TRANSPORT\PROGRAMS\ROAD AND TRAFFIC SAFETY - 734139

Recommendation

THAT the recommendations of the Traffic Committee held November 26 2015 as outlined in the report be adopted.

Acting Technical Services Manager's REPORT

Attached are the agenda and the minutes of the Traffic Committee meeting held 26 November 2015. The items addressed and their associated recommendations are as follows:

ITEM 3. Signage at Cadia Mine main site access

THAT the installation of a stop sign and central median be advised as the preferred option.

ITEM 4. Speed reduction on approaches to Cadia Mine access roads (80 km/h)

THAT the application is denied.

ITEM 5. Change of Intersection Priority – Waldegrave Road and Western Long Swamp Road

THAT Council change priority flow of the intersection by:

1. Removing the current ‘Give Way’ sign from the Woodville Road approach;

2. Installing ‘Give Way’ signs on the Waldegrave Road and Western Long Swamp Road approach;

3. Installing advanced warning signage on the Long Swamp Road approach from the Western side of the intersection; and

4. Temporarily installing ‘changed traffic conditions ahead’ signage

ITEM 6. Bank St Molong Parking Time Restrictions

THAT no action be taken on this matter at this time.

ITEM 7. Horse Signage at Mandagery Creek Bridge, Eugowra

THAT no action be taken on this matter at this time.

ITEM 8. Change of Bus Stop Location – From Bournewood Church Road to Old Yullundry Road

THAT Council support this application.

ITEM 9. Camp Quality Tractor Trek

THAT Council approve the request subject to:

1. Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.4 August 2006) for a Class 2 event

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

3. Written approval being obtained from NSW Police

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

5. Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event

6. The event organiser notifying all emergency services of the event

ITEM 10. Orange Cycle and Triathlon Club

THAT Council approve the request subject to:

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

3. Written approval being obtained from NSW Police

4. Written approval being obtained from all affected local government authorities

5. Council being provided with an updated copy of the $20M public liability insurance policy indicating Cabonne Council’s interests, with the date and location of the event

6. The event organiser notifying all emergency services of the event

7. The event organiser notify Council of any incidents or near misses that occur during the event

ITEM 11. Live Life Live Event

THAT the Committee approve the request subject to:

2. Council being provided with an updated copy of the $20M public liability insurance policy indicating Cabonne Council’s interests, with the date and location of the event

3. The event organiser notifying all emergency services of the event

ITEM 12. Masters Cycling Event

THAT the Committee approve the request subject to:

1. Modifying rear vehicle signage to say ‘only overtake when safe to do so’

2. Implementation of the risk management plan and traffic management plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.4 August 2006) for a Class 2 event

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

4. Written approval being obtained from NSW Police

5. Written approval being obtained from all affected local government authorities

6. Council being provided with an updated copy of the $20M public liability insurance policy indicating Cabonne Council’s interests, with the date and location of the event

7. The event organiser notifying all emergency services of the event

8. The event organiser notify Council of any incidents or near misses that occur during the event

ITEM 13. Mill 2 Mill Charity Bike Ride

THAT Council forward the request to the RMS, and approve the request subject to:

1. Implementation of the risk management plan and traffic management plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.4 August 2006) for a Class 2 event

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

3. Written approval being obtained from NSW Police

4. Written approval being obtained from all affected local government authorities

5. Council being provided with an updated copy of the $20M public liability insurance policy indicating Cabonne Council’s interests, with the date and location of the event

6. The event organiser notifying all emergency services of the event

7. The event organiser notify Council of any incidents or near misses that occur during the event

ITEM 14. Newcrest Orange Challenge

RTHAT Council approve the request subject to:

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

3. Written approval being obtained from NSW Police

4. Written approval being obtained from all affected local government authorities

5. Council being provided with an updated copy of the $20M public liability insurance policy indicating Cabonne Council’s interests, with the date and location of the event

6. The event organiser notifying all emergency services of the event

7. The event organiser notify Council of any incidents or near misses that occur during the event

ITEM 15. Pig Push

THAT Council forward the request to the RMS, and approve the request subject to:

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

3. Written approval being obtained from NSW Police

4. Written approval being obtained from all affected local government authorities

5. Council being provided with an updated copy of the $20M public liability insurance policy indicating Cabonne Council’s interests, with the date and location of the event

6. The event organiser notifying all emergency services of the event

7. The event organiser notify Council of any incidents or near misses that occur during the event

ITEM 16. Orange Colour City Running Festival

THAT the Committee approve the request subject to:

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

3. Written approval being obtained from NSW Police

4. Written approval being obtained from all affected local government authorities

5. Council being provided with an updated copy of the $20M public liability insurance policy indicating Cabonne Council’s interests, with the date and location of the event

6. The event organiser notifying all emergency services of the event

7. The event organiser notify Council of any incidents or near misses that occur during the event.

ITEM 11 - MERGER PROPOSAL - COUNCIL SUBMISSION

REPORT IN BRIEF

Reason For Report	To endorse Council's submission to the current proposal to merger Cabonne, Orange and Blayney Councils.
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\AMALGAMATIONS\BLAYNEY SHIRE, CABONNE AND ORANGE CITY COUNCILS PROPOSED MERGER 2016 - 734648

Recommendation

THAT Council endorse the submission prepared by Morrison Low in relation to the State Government’s proposal to merge Cabonne, Orange and Blayney councils.

General Manager's REPORT

Council at its January 2016 meeting resolved:

“THAT Council endorse the engagement of Morrison Low consultants to prepare an independent review and submission under S263(3) for consideration by Council.”

Councillors will be provided a copy of the submission, under separate cover, for endorsement prior to submission by 28 February 2016.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter relates to merger related information campaigns and is being considered in open Council and will be placed on Council’s website once adopted. As such it is considered that it complies with the guidelines.

ITEM 12 - 2016 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION (NSW) ANNUAL CONFERENCE

REPORT IN BRIEF

Reason For Report	Seeking Councillors' interest in attending the ALGWA NSW Annual Conference in Gunnedah 10-12 March 2016.
Policy Implications	Nil
Budget Implications	To be funded from existing councillor professional development budget.
IPR Linkage	4.5.1.e Provide adequate training & professional development opportunities for Councillors.
Annexures	1. 2016 Gunnedah Program
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT WOMENS ASSOCIATION - 723432

Recommendation

THAT interested Councillors be authorised to attend the 2016 ALGWA (NSW) Conference.

General Manager's REPORT

The 2016 ALGWA (NSW) Conference will be held in Gunnedah from 10-12 March 2016.

Conference program and registration details are attached. Any councillor interested in attending should nominate to be authorised to attend.

ITEM 13 - EXPENDITURE REVIEW

REPORT IN BRIEF

Reason For Report	A review of the current budget to identify non-essential expenditure has been undertaken.
Policy Implications	Nil
Budget Implications	Non-expenditure of identified items
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\CABONNE COUNCIL ANNUAL BUDGET - 733774

Recommendation

THAT the items listed in Schedule A of the report be removed from the 2015/2016 budget and reallocated, for consideration, to the 2016/2017 budget deliberations.

General Manager's REPORT

A review of items within the current budget which would result in either a nil benefit or would become redundant, should we merge with Orange and Blayney has been undertaken by senior staff. This review has considered the Guidelines issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.

The review was undertaken following the criteria in that should the funds be spent before the merger decision is made, is there a possibility the item would, in a merged environment:

a) be covered by the merger assistance funding (eg IT, telecommunications, web page, and the like);

b) create or potentially create a surplus of resources, eg new vehicles, plant etc;

c) would become or would be likely to become redundant (eg new Cabonne signage, stationary, web page, software, clothes etc)?'

It is recommended the following expenditure items as adopted in the 2015/2016 budget be quarantined.

Schedule A

Governance
Economic Development 120111 Management Plan	$50,000
Corporate Services
514040 Council website replacement	$84,000
514202 Security Vulnerability Scan	$3,450
514038 Server Replacement	$57,000
514056 Telephone System Replacement	$80,500
514071 Corporate Performance Reporting Tool	$57,000
Engineering
514070 Orange Depot Lunchroom & storage	$11,500
514060 Orange Depot Installation of security fence & gates	$46,000
Plant Replacement
Major Plant	$2,882,560
Light commercials	$299,240
TOTAL	$3,571,250

ITEM 14 - RESCISSION MOTION - ITEM 5 JANUARY 19 EXTRAORDINARY COUNCIL MEETING 2016

REPORT IN BRIEF

Reason For Report	For Council to consider a rescission motion lodged by councillors MacSmith, Hayes and Walker
Policy Implications	Could create a precedent
Budget Implications	$750,000 not included in current budget plus $450,000 long term loan.
IPR Linkage	3.2.1.b. Facilitate retirement and aged care projects and services
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\CANOWINDRA PROPOSED RETIREMENT VILLAGE - CORNER BLATCHFORD and MILL STREETS - 734872

Recommendation

THAT the rescission motion be dealt with.

Director of Finance and Corporate Services' REPORT

A rescission motion has been received from councillors MacSmith, Hayes and Walker as follows:-

“We the undersigned Councillors hereby give notice of our intention to rescind the following motion resolved at the Council meeting held 19 January 2016:-

ITEM - 5 PROPOSED CANOWINDRA RETIREMENT ACCOMMODATION PROJECT

Recommendation (MacSmith/Davison)

1. Council resolves to consider allocating funds in the 2016/2017 budget (or prior to) for financial assistance, whether by way of grant, loan, works or a combination of these, to enable the establishment and operation of a ‘retirement village’ within Canowindra.

2. Council engage the services of a specialist consultant(s) up to a $10,000 limit to assess and advise upon appropriate sites, if any, within Canowindra for such a ‘retirement village’ and report back to council by no later than March 2016.

3. A committee comprising of Director of Finance & Corporate Services and Clrs Hayes, Walker, and MacSmith oversee the work of the consultant.

Carried

Foreshadowed Motion

THAT Council advertise and invite public comments as required by the OLG Guidelines relating to its intention to provide $550,000 in infrastructure funding and $450,000 by way of a long term loan to the Canowindra Retirement Village Association Inc to enable the establishment of a retirement village in Canowindra and an additional $200,000 from the Canowindra Town Improvement Fund for remaining infrastructure improvements.


Clr L MacSmith		Clr M Hayes		Clr K Walker”

In order for it to be dealt with by the Council it will need to be moved and seconded on the meeting day.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is proposed to be advertised and invites public comments as provided by the guidelines for amounts over $250,000.

Under the guidelines Council would also be required to “disclose the reasons why the expenditure is required and warranted”.

Council also needs to consider whether this decision will impose a significant and/or ongoing financial commitment on a new council.

ITEM 15 - NSW GOVERNMENT LEGISLATIVE REFORM

REPORT IN BRIEF

Reason For Report	To advise councillors of advice received from the Office of Local Government seeking input on the proposed legislative reform.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. Explanatory paper proposed phase 1 amendments
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT NSW - 734268

Recommendation

THAT Council provide feedback to the Director of Finance & Corporate Services to enable feedback to be provided to the Office of Local Government regarding the proposed NSW Government legislative reform.

Director of Finance and Corporate Services' REPORT

Council has received the following notification:-

Local Government Act Review

Streamlining the legislation that governs councils in NSW is a key priority of the reform package, with a new Local Government Act scheduled to be phased in from 2016.

Phase 1

The introduction of more streamlined legislation will happen in phases. Phase 1 will concentrate on reforms that strengthen the local government system, supporting councils to connect with their communities and build their capability. In particular, the Phase 1 Bill will:

· clarify roles and responsibilities of councillors, mayors, administrators and general managers;

· introduce new guiding principles for local government;

· improve governance of councils and professional development for councillors;

· expand on the framework for strategic business planning and reporting;

· prioritise community engagement and financial accountability; and

· streamline council administrative processes

Later phases

The later phases in the legislative reform process will address recommendations arising from reviews being undertaken by the IPART about the regulatory burden imposed on councils and the revenue-raising powers of councils. In each phase, opportunities will be identified to streamline the shape and structure of the legislation to ensure that the whole system of local government is fit for the future.

How to give feedback

To give feedback on the amendments being proposed for Phase 1 Council will need to make an online submission by way of a survey. By filling in an online form, councillors will also need to refer to the following paper:

Towards New Local Government Legislation Explanatory Paper: proposed Phase 1 amendments (attached).

This Explanatory Paper briefly summarises each of the proposed Phase 1 amendments and the numbering system and headings in the paper and in the questions in the survey/submission form correspond.

The paper and survey are divided into the following sections:

1. Guiding principles for the Act and local government

2. Structural framework of local government

3. The governing body of councils

4. Elections

5. Councils’ workforce

6. Ethical standards

7. Councils’ strategic framework

8. Council performance

The Director of Finance and Corporate Services will complete the online lodgement based on responses received from councillors.

ITEM 16 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN 2ND QUARTER REVIEW

REPORT IN BRIEF

Reason For Report	To provide Council with an update on the progress of the 2015/2016 Integrated Planning & Reporting Operational Plan.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. IPR 2015/16 2nd Quarter Review
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2015 - 734249

Recommendation

THAT, subject to any alterations the Council deems necessary at the February Council meeting, the update of the Operational Plan to 31 December 2015, as presented be adopted.

Director of Finance and Corporate Services' REPORT

The Local Government Act requires Council to consider a quarterly report on the review of its annual Operational Plan.

The purpose of this report is to allow Council to assess its performance against its agreed objectives, actions and strategies.

The second quarter updates for the Integrated Planning & Reporting Operational Plan for 2015/2016 is attached which shows the culmination of the actions and strategies undertaken in the preceding quarter.

ITEM 17 - COMPLAINTS MANAGEMENT - DRAFT COMPLAINTS HANDLING POLICY

REPORT IN BRIEF

Reason For Report	For Council to consider adoption of the draft policy
Policy Implications	Yes - will become the council's new policy if adopted.
Budget Implications	Yes - if recommended staff training implemented. Website changes may be done in-house at no actual cost.
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. draft Complaints Handling Policy
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 717884

Recommendation

THAT the attached Draft Complaints Handling Policy be adopted.

Administration Manager's REPORT

A new Australia and New Zealand Standard – Guidelines for complaint management in organisations - has been issued.

The NSW Ombudsman has developed resources to allow organisations to implement a complaint management system consistent with the Standard including a complaint management framework and model polices.

“An effective complaint management system enables us to correct errors, identify system improvements and promote fairness and integrity in our decision-making processes. The attitude of the general public who interact with us will be strongly influenced by their perception of the fairness of the procedures we use to handle complaints. This includes our interactions with people making complaints and the information we provide them about the process, progress and outcome/s of their complaint. By appropriately handling complaints about our products, services, staff and complaint handling [emphasis added] we will be protecting our good reputation as well as promoting general trust in government.”

- B Barbour NSW Ombudsman

Components of the framework include:

1. Facilitation: Make it easy for people to make complaints to your organisation

2. Resourcing: Appropriately train, empower and adequately resource staff managing complaints

3. Learning: Analyse complaints and their outcomes to improve systems and processes

4. Guidance: Develop policies and procedures to guide staff in the management of complaints.

A model complaints handling policy provided by the Ombudsman has been used to develop a policy which will replace Council’s previous “Complaints Management Policy”.

The new “complaints handling policy” focuses on complaints relating to Council’s products, services, staff and complaint handling and such complaints are clearly distinguished from other types which are referenced to other policies/procedures as follows:

a. staff grievances (see Council’s employee grievance handling procedure in the Human Resources Manual)

b. public interest disclosures made by Council staff (see Council’s internal reporting policy)

c. code of conduct complaints (see Council’s code of conduct)

d. responses to requests for feedback about the standard of Council’s service provision (see the definition of ‘feedback’ below)

e. reports of problems or wrongdoing merely intended to bring a problem to Council’s notice with no expectation of a response (see definition of ‘feedback’)

f. service requests (see definition of ‘service request’ below), and

g. requests for information (see Council’s access to information policy).

The Council is asked to consider the draft policy, its requirements, responsibilities and obligations and, subject to any proposed changes, adopt same.

Additional actions

In support of the new policy the following actions have been taken.

A procedure for complaints reported to the Corporate Management Team by the public officer.

A training plan is being developed focusing on complaints handling by frontline staff.

An online complaints (“Compliments & Complaints”) form is to be provided to comply with accessibility requirements.

ITEM 18 - DECEMBER QUARTERLY BUDGET REVIEW

REPORT IN BRIEF

Reason For Report	To advise Council of the present position of the current budget
Policy Implications	No
Budget Implications	Yes
IPR Linkage	4.5.5.j. Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements
Annexures	1. December 2015 Quarterly Budget Review
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\QBR'S - QUARTERLY BUDGET REVIEWS - 724473

Recommendation

THAT Council approve the variations detailed in the Quarterly Budget Review and that those changes be updated to Council’s current 15/16 Budget.

Senior Accounting Officer's REPORT

The quarterly budget review is presented to Council with details of changes to the budget from 1October 2015 to 31 December 2015. The changes have been proposed by various department managers and also by perusal of Council’s ledger.

The changes are in line with the activities over those three months and in accordance with the guidelines set by the Department of Local Government, with respect to those Council’s who are identified to be in a proposed merger phase.

Those guidelines indicate that there should be no expenditure outside the Council’s adopted budget for any purpose other that identified in the Operational Plan.

New expenditure, including contracts, over $250,000 must be advertised and public comments invited. Contracts committing a future council to ongoing financial commitments should not be entered into.

This period applies from 6 January 2016 until the date of proclamation.

It is noted in this report that only 22% of all capital expenditure noted in the current budget has been spent.

There are also several other outstanding items to be reviewed by the appropriate managers and presented to Council in the form of a report. These items will require an increase in expenditure. The areas are Molong Gasworks operations, Urban Storm Water Maintenance and mowing council vacant land.

In normal circumstances these items would be part of the QBR process but since Council is in a Proposed Merger Phase, Council must adhere to the guidelines as set out in Section 23A.

ITEM 19 - SENIORS FESTIVAL

REPORT IN BRIEF

Reason For Report	To advise Council of Seniors Festival activities
Policy Implications	Nil
Budget Implications	To be funded from the Seniors Week budget allocation
IPR Linkage	3.2.1.b. Facilitate retirement and aged care projects
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\SENIOR CITIZENS WEEK and YEAR OF THE OLDER PERSON - 734566

Recommendation

THAT Council:

1. Donate $550 to the Eugowra Lions Club Seniors Festival activity;

2. Donate $550 to the Canowindra Lions Club Seniors Festival activity; and

3. Use remaining seniors week budgeted funds to sponsor Council provided Seniors Festival activities.

Community Services Manager's REPORT

The Seniors Festival is the new name for what was previously known as Seniors Week. The 2016 Seniors Festival will run Friday 1 April to Sunday 10 April 2016 and the following activities are planned:

· The Canowindra Lions Club are organising a coach trip.

· The Eugowra Lions Club plan their regular very popular dinner and entertainment for seniors.

· Council’s Community Transport Service has applied for tickets to the Premier’s Seniors Gala Concert in Sydney.

· Council’s HACC Service is currently planning several activities for Seniors Festival including a luncheon for the Mandagery Men’s Group, a visit to an alpaca farm and a trip to Millthorpe.

Council has a budget of $1,650 put aside for Seniors Festival activities and it is proposed to distribute this as recommended to assist the organisations listed in meeting the costs of conducting the above activities.

ITEM 20 - EVENTS ASSISTANCE FUNDING PROGRAM 2015/2016

REPORT IN BRIEF

Reason For Report	Council to consider an application under the Events Assistance Program 2015/2016
Policy Implications	Nil
Budget Implications	$8,000 from the Events Assistance Program 2015/2016
IPR Linkage	4.4.1.b. Implement funding opportunities through the Events Assistance Program
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2015 - 2016 - 733373

Recommendation

THAT Council approve funding under the 2015/16 Events Assistance Program of:

1. $5,000 for the Orange Food Week Festival 8 - 17 April 2016;

2. $1,000 for the Sydney Cellar Door 26 - 28 February 2016; and

3. $2,000 for the Orange Apple Harvest to be held from 6 - 8 May 2016.

Acting Economic Development Manager's REPORT

Council has received three requests for funding under Council’s Events Assistance Program and Council’s Promotions and Tourism Officer has provided the following assessments:

Application 1

Organisation: F.O.O.D of Orange District Week Inc.

Event: Orange F.O.O.D Week 2016

Date: 8 -17 April 2016

Requested Amount: $5,000

F.O.O.D Week is celebrating its 25^th year and has been successful in expanding and promoting the region’s diverse local quality cool climate food and wine. Today F.O.O.D Week consists of over 90 individual events that showcase the food and wine of the region as well as the many local businesses and tourist attractions.

F.O.O.D Week has become vital in marketing the region’s produce and restaurants to and extensive reach that includes the Sydney 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 producers.

· 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.

During the event several thousand people will participate in the events and statistics from 2015 indicate that many who attend F.O.O.D Week are return visitors to the area.

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.

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

As F.O.O.D Week is a flagship event the EAP guidelines provide for a maximum of $5,000 which Cabonne Council has allocated to support previous F.O.O.D Week events.

Application 2

Organisation: Brand Orange

Event: Sydney Cellar Door 2016

Date: 26 -28 February 2016

Requested Amount: $7,500

The Sydney Cellar Door is another great opportunity to showcase the local district’s wine and food in Sydney. The event is held in Hyde Park, Sydney and attracts numerous wineries and food suppliers/producers in partnership with Fairfax, NSW Wine and Sydney restaurants over a three day period.

The theme of the Sydney Cellar Door is to display in country relaxed style.

The aim is to engage the Sydney CBD and greater community in a food and wine focused event. It is anticipated the attendees will learn about the region, local produce and therefore encourage visitation.

Brand Orange’s vision is to lead the marketing and support the local government areas to become a vibrant, unique and progressive region to visit, live, grow, work and increase economic development.

It is expected that a total of 60,000 will attend over the three day period of the Sydney Cellar Door event. This is another opportunity for Cabonne Council to help raise the awareness of Cabonne producers and attract tourists to enjoy the many attractions.

Application 3

Organisation: Brand Orange

Event: Orange Region Apple Festival 2016

Date: 6 -8 May 2016 (3 Day event)

Requested Amount: $3,000

The Orange Region Apple Festival celebrates the rich history in apple growing, the orchards and the fruit in the area. There are a number of events that are held over the 3 day period.

The key purpose of this festival is to celebrate and educate the community and visitors that the region is a successful growing region of a diverse range of produce.

There are opportunities to meet the apple growers, walk through the packing shed, there are orchard tours, long table lunch in an orchard, night markets, family orientated events and supporting music.

The Apple Festival events incorporate local schools, nutrition education, kids cooking demonstrations/classes, chefs table and the benefits of sustainable growing. All events are themed with apples.

The Apple Festival will take place in Orange and Cabonne Council areas incorporating food, wine, accommodation, businesses, schools and local orchards. This event assists in raising the profile of the area as a prime regional tourist destination.

Events Assistance Program Budget

Council has allocated $50,000 in 2015/16 for the administration of the Events Assistance Program. To date $17,000 is remaining in this allocation for the 2015/16 financial year.

Expenditure to Date 2015/2016

28 July Orange Wine Festival $3,500

25 August NSW Masters Cycling Championship $5,000

22 September Banjo Paterson Australian Poetry $1,500

27 October Bicycle Network challenge Ride $2,000

27 October Garlic Harvest Festival $1,000

16 December Canowindra Balloon Challenge $20,000

Total $33,000

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.

Council must consider the guidelines in relation to each decision they make during the proposal period. Funding is available in the current budget for the administration of the Events Assistance Program and it is considered the recommended allocations comply with the guidelines.

ITEM 21 - ATTENDANCE OF CABONNE COUNCIL DELEGATES AT THE 2016 LOCAL GOVERNMENT TOURISM CONFERENCE

REPORT IN BRIEF

Reason For Report	To determine Council's attendance at the Local Government Tourism Conference.
Policy Implications	Nil
Budget Implications	Approximately $3,000 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\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 734275

Recommendation

THAT Council’s delegate on the Tourism Advisory Committee Clr Ian Davison and Cabonne’s Promotions and Tourism Officer Lynne Hawkes be authorised to attend the 2016 Local Government Conference in Bryon Bay.

Acting Economic Development Manager's REPORT

The annual NSW Local Government Tourism Conference will be held in Bryon Bay and is being co-hosted by Ballina Council.

This year’s theme is “Embracing a Changing Tourism Landscape”. Topics on the program include:

· Destination NSW update;

· The role of local government in tourism;

· Engaging with the ever changing customer;

· Digital marketing;

· Resourcing and financing;

· Building your brand, art, heritage and culture as travel motivators; and

· Destination marketing.

There will be a number of site visits to the attractions in the area.

The Local Government Tourism Conference is an ideal platform for councillors and council staff to meet, listen to the experts and peers and to find our how other councils are engaging and managing their tourism industry.

The Promotions and Tourism Officer and Council’s delegate on the Cabonne Country Tourism Advisory Committee have attended the NSW Local Government Tourism Conference in previous years.

The total cost of registration, travel and accommodation for delegates is anticipated to be about $3,000.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.

Council must consider the guidelines in relation to each decision they make during the proposal period. Funding has been provided in the current budget for attendance at this conference and it is considered it complies with the guidelines.

ITEM 22 - LITTLE RIVER LANDCARE GROUP - REQUEST FOR FUNDS FROM 2015/16 BUDGET

REPORT IN BRIEF

Reason For Report	For council to determine whether request for funds for Little River Landcare Group can be included in 15/16 budget
Policy Implications	Nil
Budget Implications	$10,000 (ex GST) - no budget allocation
IPR Linkage	5.5.1.a. Support community education programs in environmental stewardship and management
Annexures	1. LRLG Financial report
File Number	\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\MEETINGS\LITTLE RIVER LANDCARE GROUP - 724487

Recommendation

THAT Council consider the request from Little River Landcare Group.

Acting Director of Engineering & Technical Services' REPORT

Council would recall at its October 2015 meeting a report proposing an allocation of $10,000 from the 2015/16 budget for Little River Landcare Group (LRLG) Inc. At this meeting, it was recommended:

“THAT clarification be sought regarding the increase in membership fees of $7,500 in 2014/15 and further report be made to the November council meeting.”

Council only received LRLG response on 15 December 2015 and the audited financial statements are attached which shows that that there has been an increase in membership as follows:

· 2013 $5,800

· 2014 $6,108

· 2015 $12,106

· 2016 $12,880 (year to date)

The Little River Landcare Group aligns with a variety of Cabonne’s Strategic Plan objectives and has been able to contribute towards the objectives over the last 16 years due to a focus on the triple bottom line and their ability to access funding through state government, federal government and donations.

Attached are the full financial statements from LRLG.

The guidelines provide that there should be clear and compelling grounds for any expenditure outside of the Council’s adopted budget and the decision should be approved in open Council, there is currently no provision of funding for this project.

Should Council wish to provide a contribution it must also include the reasons why the expenditure is required and warranted in the resolution voting the funds.

ITEM 23 - REPLACEMENT OF THE HACC BUILDING ROOF

REPORT IN BRIEF

Reason For Report	Council to determine the replacement of the HACC building roof
Policy Implications	Nil
Budget Implications	$110,000 to come from council's capital works reserve funds.
IPR Linkage	3.3.4.a. Maintain council administration buildings
Annexures	1. Tender Evaluation- HACC Building Roof Replacement
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\TENDERS\CONTRACT 678069 – ROOF REFURBISHMENT WORKS OF HACC BUILDING - 724431

Recommendation

THAT Council engage Whiteson and Company to replace the roof of the HACC building and funds of $110,000 to come from Council’s capital works reserve.

Acting Director of Engineering & Technical Services' REPORT

A meeting was held between council’s project engineer and council’s heritage advisor to review options for the HACC building.

The replacement roof has been fully documented and tendered with two conforming tenders having been received. The evaluation of the tenders is attached.

The accommodation within the building currently provides three similarly sized tenant spaces:

· Council occupies the space to the south and this provides for the meals on wheels service – two Council officers, storage generally in the large meeting room and a large cool room, temporary office space for visiting planning staff and family day care to meet and consult with the public and a broadband facility for seniors training. The space has a ramped entry from the street and a kitchenette at the rear but no internal bathrooms;

· The central unit is occupied by the central west libraries based in Orange as a lending library and is fully fitted out and air-conditioning. The entry is shared with the Council unit;

· The northern unit is occupied by a tenant as a computer business.

The current project has been to replace the roof which consists of three ridges and four box gutters. The two central box gutters in particular consistently leak. There are also roof lights which have leaked and have been damaged in several instances.

A critical part of the heritage significance is the Gaskill Street streetscape elevation which consists of the three ridges coming to meet a parapet topped facade at an oblique angle. All the gutters drain to the rear.

While a second roof option could include a low pitched roof or low pitched skillion roof, these would need to maintain the streetscape character. This is not possible where the three pitched elements meet the main facade.

The total project costs are $200,000 council allocated $90,000 in the 14/15 budget and the contractor was paid for the investigations report. The balance was carried over to the 15/16 budget and for the roof replacement; council still requires $110,000 to complete the project.

Alternatives for reconstruction:

The three spaces noted above are relatively simple and no advantage could be gained from reconstructing the building. As current access regulations would apply to new works and are likely to be considerably more expensive requiring new ramps, accessible bathrooms and services. Such options are unlikely to be feasible given the nature of the building heritage significance in the street scape and the current accommodation needs are generally met by the existing building – except for the roof.

It is recommended the present roof be replaced and the tender by Whiteson & Company be accepted.

Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period. The proposed contract forms part of Council’s operational plan and the process was commenced prior to the start of the merger proposal period.

Should Council wish to approve the expenditure it must also disclose the reasons why it is required and warranted in the resolution.

ITEM 24 - GRAVEL RESHEETING PROGRAM 2015-2016

REPORT IN BRIEF

Reason For Report	To transfer of unspent budget funds from Gravel Resheeting Program to Rural Road Unsealed Operations Program.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.4.1.a. Construction of local roads
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\MAINTENANCE\GRADING - 734242

Recommendation

THAT the remaining budget allocation from the Gravel Resheeting Program be transferred to Rural Road – Unsealed Operations Program.

OPERATIONS MANAGER ROADS & BRIDGES' REPORT

Council is currently undertaking “Grading Best Practice” within its Unsealed Road Maintenance Program that utilises a motor grader, DynaPac 16t smooth drum and an 11,000 litre water tanker. The cost of this crew is $412 per hour including all transport costs. To date, one full time crew and two part time crews have been operating on Council’s unsealed network for a total of 1,704 hours, at a cost of $702,048. The results of the “Grading Best Practice” on Council’s unsealed road network have been excellent, with Council receiving very pleasing feedback on their efforts.

The 2015/2016 budget allocation for Rural Road Maintenance – Unsealed Operations is $1,331,960 that includes all maintenance activities, such as drainage, guidepost and signage. To date a total of $1,019,310 has been expended on unsealed pavement maintenance, leaving a balance of $312,650. To continue the “Grading Best Practice”, for the remainder of the 2015 – 2016 financial year additional funding of approximately $200,000 is required.

A review of the expenditure in the current 2015/2016 Works Program has indicated that there will be a saving of approximately $200,000 on the Gravel Re-sheeting Program, which is, with the exception of Kerr’s Creek Road now completed. This saving was achieved by multi crew application with unpredicted favourable weather conditions, that allowed council to deliver the program continuously and uninterrupted.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter, although transferring previously allocated funds, is technically voting expenditure outside of Council’s adopted budget.

In considering the request Council should disclose in the resolution the reasons why the expenditure is required and warranted, consideration of the request is taking place at a meeting that is open to the public.

ITEM 25 - CANOWINDRA STORMWATER MAINTENANCE

REPORT IN BRIEF

Reason For Report	Transfer of funds from Capital Works Reserve to fund drainage works at Canowindra.
Policy Implications	Nil
Budget Implications	$83,654 from Capital works reserve
IPR Linkage	5.2.1.a. Environmental protection operations undertaken
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\MAINTENANCE\DRAINAGE SYSTEMS - 734387

Recommendation

THAT Council transfer from Capital Works Reserve the sum of $83,654 to fund drainage works at Canowindra.

OPERATIONS MANAGER ROADS & BRIDGES' REPORT

Minor local flooding occurred on three occasions during October, November and January at several locations within the Central Business District of Canowindra. This necessitated Council to inspect the existing stormwater infrastructure to ascertain its condition and efficiency.

The inspection of the stormwater system was undertaken by a remote closed circuit television camera. However, three sections of it required water jet cleaning prior to the camera inspection. The inspection of the drainage infrastructure highlighted issued that required immediate short term low cost solutions and others that will require a longer term strategic approach.

To minimise any future flooding effect the stormwater system was completely cleaned with the water jet vacuum and re-inspected to ensure that it would function to its optimum efficiency.

Council has expended a total of $40,932.61 to date on the project for the CCTV inspection and water jet vacuum cleaning.

During the inspection of the stormwater system, a section of existing pipe culvert network was found to be non functional due to the infiltration of tree roots that obstructed the effective capacity of the pipe by 95%. This section of pipe culvert is 450mm in diameter and is 65m in length, commencing in Gaskill Street and continues down Finns Lane to the intersection of Gaskill Street Lane. As a result of the ineffectiveness of the culvert structure to function, the overflow water is directed into the Gaskill Street system. Additionally, other deficiencies were identified that require immediate attention included:

· Removal, cleaning and relaying of existing pipe culvert – Finns Lane

· Installation of two (2) kerb inlet pits and 300mm pipe in Gaskill Street

· Construction of junction pit behind HACC building

· Covering existing box culvert Gaskill Street lane

Council has estimated the cost of the rectification of these items at $37,150. At the completion of this work the effect of flooding of the CBD would be minimised significantly.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter, although transferring previously allocated funds, is technically voting expenditure outside of Council’s adopted budget.

ITEM 26 - SEWER MAIN EXTENSION SUBSIDY

REPORT IN BRIEF

Reason For Report	Determination of payment of subsidy and amount (2 Items)
Policy Implications	Review of Sewer Policy
Budget Implications	No allowance for Sewer Mains Extensions in 15/16 budget if Payment is Authorised
IPR Linkage	5.3.3.b. Maintain Cabonne sewer infrastructure assets
Annexures	1. Sewer Policy 2. Sewer Main Extension to Lots 1 to 4 Kite St Molong - Request for subsidy payment 3. Traves - Request for Refund on DA2015-119 4. Engineering Referral for Proposed 3 Lot Subdivision DA 2015-119
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\APPLICATIONS\QUOTATIONS - 716417

Recommendation

THAT Council determine whether to:-

1. Change to Subsidy clause in Sewer Policy to cap allowance at $5,000; and/or

2. Make payment of Subsidy for Lots 1 to 4 Kite St amount of $11,418.69; and/or

3. Make payment of Subsidy for three (3) Lot Subdivision on Lot 2 DP 1047411 amount of $6,455; and/or

4. Make payment of subsidy from Sewer Reserve Fund.

Acting Operations Manager – Water and Waste's REPORT

The purpose of this report is for consideration of a change to the Sewer Mains Extension Subsidy clause to cap Cabonne Council’s financial exposure for future claims of subsidy to $5,000 in the Sewer Policy.

With reference to correspondence from Heath Consultants (26/11/15) and Traves (attached) both have requested payment under council’s obligation of the Sewer Mains Extension Subsidy (attached).

Both initial letters from council referred to the subsidy clause and stated that the 50/50 subsidy would be capped at $5,000, which is not mentioned in the policy statement.

The relevant clause is as follows;

Sewer Policy Clause:

“Mains Extension Subsidy

Any extension developed to serve land subdivision within the town and village zone will be shared on a 50/50 basis between Council the applicant provided Council is satisfied that such subdivision is in the interest of immediate residential development and any contribution will be limited to available funds in the Cabonne Sewer Fund in any one financial year.”

There are no available funds in the current budget.

Due to a challenge to council’s letter limiting the subsidy to $5,000 Council will need to determine whether the 50/50 subsidy be approved, funds would need to be made available from the Sewer Reserve.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter, although transferring previously allocated funds, is technically voting expenditure outside of Council’s adopted budget.

ITEM 27 - UNSEALED LANES IN CANOWINDRA

REPORT IN BRIEF

Reason For Report	Petition put to Council for sealing of unsealed lanes
Policy Implications	Nil
Budget Implications	Ongoing road sealing expenditure
IPR Linkage	4.3.1.b. Undertake street & gutter cleaning and town entrance mowing
Annexures	1. Walker Service Request - Ryall street,canowindra, Bates,Dirt roads
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\MAINTENANCE - STREETS\RYALL STREET CANOWINDRA - 712489

Recommendation

THAT Council:

1. Develop a three (3) year works program of approximately $100,000 per year for sealing the lanes;

2. Consider the request in the 2016/17 budgeting process.

ACTING MANAGER TECHNICAL SERVICES' REPORT

The engineering department has received a petition from over 50 residents of Canowindra that wish to see the gravel laneways in the northern half of the town sealed. The reasons cited are health concerns over the dust entering houses, deterioration causing risk to pedestrian usage and reckless driving on the gravel surface.

It is noted that some of these properties have exclusive access from the laneways as geological challenges block house access from their road frontages. It is also noted that approximately two thirds of these laneways are currently owned by the crown but maintained by council.

Given the nature of this request, the community support and the community benefit it is recommended that council investigate the condition and usage of the 3.5km of unsealed lanes and prioritise the works in a 3 year program. The first stage of this program is anticipated to cost approximately $100,000 and considered for inclusion in the 16/17 budget.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter forms part of council’s delivery plan 1.1.1 – Implement the Council’s road maintenance and renewal program. No expenditure is proposed during the proposal period.

ITEM 28 - CUDAL MEMORIAL PARK

REPORT IN BRIEF

Reason For Report	Council to determine renaming of the park and installation of a plaque
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.2.1.d. Encourage collection, display and preservation of local history
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\MAINTENANCE\CUDAL MEMORIAL PARK - 734041

Recommendation

THAT Council approve:

1. Installation of an interpretive plaque outlining the old fountain and park history; and

2. Renaming of the park to “Landauer Memorial Park”.

Urban Assets Coordinator's REPORT

Council was approached last year by the Cudal Progress Association in regard to the reinstallation of an old fountain at the Cudal Memorial Park and the renaming of the park to “Landauer Memorial Park”.

In compliance with a Council resolution of 26 May 2015 Council staff liaised with the Cudal Progress Association in regard to alternate proposals for the park as outlined below.

The old fountain had been removed a few years ago as it had become broken and disused and the water supply had been disconnected. Discussions on site with Cudal Progress Committee representatives encompassed various replacement options including the reconstruction of the fountain, an interpretive plaque showing the history of the park and fountain and a garden feature modelled on the old fountain design.

The Cudal Progress Association has now advised that the preferred option is a freestanding interpretive plaque showing the history of the park and the old fountain.

Samuel Landauer was an early and prominent settler of the Cudal district in the 1880s and a well known business man. He operated a flour mill, a general store and a post office. The Memorial Park land and the war memorial gates were donated by Mr. Landauer’s descendants. The memorial fountain dedicated to Mr and Mrs. Landauer was donated in the 1920s.

The name “Cudal Memorial Park” arises from the location of the war memorial gates at the park. The “Cudal Memorial Park” does not currently have any signage advising this as being the official name and it appears to be a name generally adopted by custom over time.

The proposed name change of the park and the options of a new fountain or interpretive plaque have been advertised through Council’s Small Town Development Group meetings. Council has also received independently a positive response in regard to the proposed name change of the park.

ITEM 29 - DRAFT POLICY - ASBESTOS

REPORT IN BRIEF

Reason For Report	To seek council endorsement of the draft policy and to enable public exhibition of the draft document
Policy Implications	The intention is for the draft policy to be adopted as a council policy
Budget Implications	The draft policy provides a consistent approach to the management of asbestos within the Cabonne Council LGA. Implementation of the policy will be undertaken within existing budgets.
IPR Linkage	4.5.3.d. Manage contaminated lands
Annexures	1. Draft Asbestos Policy 2. Draft Asbestos Policy Plan February 2016
File Number	\OFFICIAL RECORDS LIBRARY\ENVIRONMENTAL MANAGEMENT\POLICY\PROTECTION OF THE ENVIRONMENT POLICIES - 731686

Recommendation

THAT:

1. The draft Cabonne Council Asbestos Management Policy and Plan 2016 be placed upon public exhibition for a period of not less than 28 days; and

2. A further report be submitted to council following conclusion of the exhibition period for consideration of submissions and for further consideration/adoption of the final policy documents.

Director of Environmental Services' REPORT

A draft Asbestos Plan has been prepared for Cabonne Council based upon the Model Asbestos Policy for NSW councils that was developed by Local Government NSW to promote a consistent local government approach to asbestos management across NSW.

The draft policy and plan (copies attached) state the council’s commitment to, and responsibilities for safe management of asbestos, and provide information for council and the community on safely managing asbestos in buildings, at landfill sites and Naturally Occurring Asbestos. It is suggested that the draft policy and plan be placed upon exhibition for public comment and a further report be provided to council for finalisation. The exhibition phase will enable consultation with internal and external stakeholders.

The draft policy outlines:

· The role of council and other organisations in managing asbestos

· Council’s regulatory functions

· Council’s approach to managing sites contaminated by asbestos, and emergencies or incidents

· General advice for residents on home renovations where asbestos material may be present

· Council’s development consent process for developments that may involve asbestos

· Waste management procedures for disposal of asbestos waste in the Cabonne Council area

· Additional information sources

Please note that guidelines have been issued under Section 23 A of the Local Government Act titled “Council decision making during merger proposal periods”. As a result of preparing this policy and plan council is meeting its commitments and responsibilities for safely managing asbestos as outlines in the state model policy and associated guidelines. Currently at least 56 LGAs have adopted an asbestos policy. Cabonne is one of 20 LGAs currently finalising its local policy.

ITEM 30 - DA 2016/024 - ANIMAL BOARDING AND TRAINING ESTABLISHMENT - LOT 2 DP 773981, 1321 PEABODY ROAD, MOLONG

REPORT IN BRIEF

Reason For Report	For the information of council and direction for future action
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	\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0024 - 734262

Recommendation

THAT:

1. The information be noted; and

2. Council seek legal advice regarding regulation of the development located upon Lot 2 DP 773981, being 1321 Peabody Road, Molong.

Director of Environmental Services' REPORT

Council is in receipt of a Development Application for establishment of an animal boarding and breeding facility upon rural land known as 1321 Peabody Road.

For the information of council, the application was lodged on 14 August 2015 by Toby Weekes and Jessica Windiate who had recently purchased the 40ha rural holding. The proposal is for the establishment of a greyhound breeding, rearing and training complex to accommodate up to 200 dogs.

Additional information was requested of the applicants to enable council’s environmental assessment of the proposal, as the submitted application was deficient in its provision of support documentation. The Roads and Maritime Services (RMS) have also requested provision of additional information from the applicant relating to traffic generation. While the applicant has provided certain additional information to support their application, council and RMS are still awaiting detailed responses from the applicant to enable formal assessment of the proposal. The application has been placed on ‘stop the clock’ awaiting submission of additional information

The land owner / applicants have in the intervening time proceeded to establish a greyhound breeding and training facility upon the subject without development consent, and despite council requesting the applicant cease further site activity.

The manner in which the activity has evolved is of concern to nearby property owners as the development has impacted upon residents, ie barking dog complaints.

The above information is provided for the information of council, and to seek direction from council. The procedure to date has been to seek submission of sufficient information about the activity to enable an assessment of the potential environmental impact of the development and mitigation strategies.

Given the length of time since the lodgment of the application, the deficiencies in the level of information provided with the application, and the applicant’s actions to implement the development regardless of the statutory approvals process –council could consider the following strategies:

· Proceed with negotiations with the applicants in an effort to obtain adequate information supporting the DA as lodged; or

· Request staff to present a planning assessment report to council’s next meeting (noting however that RMS have requested that council not determine the application until it has provided its assessment of traffic generation by the development proceeding); or

· Seek legal advice as to the statutory options available to council to address the unlawfully established land use activity.

It is suggested that the latter mentioned strategy be considered by council.

ITEM 31 - SECTION 68 2016/2045 LOT 1 DP 1089570 CARTY'S LANE, MANILDRA

REPORT IN BRIEF

Reason For Report	For Council to refuse a Section 68 application
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	\Development Applications\S68 APPROVAL\2016\S68-2016-2045 - 732932

Recommendation

THAT Section 68 Application 2016/2045 for the installation of an Onsite Sewerage Management System (OSMS) at Lot 1 DP 1089570, Carty’s Lane, Manildra be refused as the property is within 75m of the Manildra town sewer system.

Health & Building Surveyor 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 Section 68 application submitted for an Onsite Sewerage Management System (OSMS) on the land described as Lot 1 DP 1089570, Carty’s Lane, Manildra.

It is recommended that the application be refused as the property can be serviced by the Manildra town sewer system.

Applicant: Tracy Barnes & Jason Harmer

Owner: Tracy Ann Barnes & Jason David Harmer

Proposal: Onsite Sewerage Management System (OSMS)

Location: Lot 1 DP 1089570, Carty’s Lane Manildra

Zone: R5 – Large Lot Residential

THE PROPOSAL

It is proposed to install an OSMS to service a proposed dwelling. An On-site effluent management study report was prepared by Envirowest Consulting Pty Ltd referenced R6348e, dated 17 September 2015.

Site Map

Mapping

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

Land zoning map	Land zoned R5 Large Lot Residential
Lot size map	NA
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	No 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	Not within a drinking water catchment area
Riparian land and watercourse map, groundwater vulnerability map	Not Groundwater vulnerable
Land reservation acquisition map	NA

MATTERS FOR CONSIDERATION

The property boundary is located approximately 56m from the existing sewer main in Carty’s Lane. Under Section 124 of the Local Government Act, properties within 75m of a sewer main can be ordered to connect.

The applicants had sought a quotation from Council to connect to the town sewer prior to the purchasing of the property. A formal quote was provided by Council engineering department (Doc ID: 687318). Additionally, the applicant had been informed verbally by Council’s Health and Building staff that the property will be required to be connected to the sewer as the property is within 75m of the existing sewer main.

The current sewer main in Carty’s Lane would benefit from additional users as it currently services only one property. Additionally, the sewer main offers greater environmental protection than an OSMS.

CONCLUSION

The proposed Section 68 application for installation of an OSMS should be refused and the applicants requested to lodge an application to connect to the Manildra town sewer system as the property is located within 75m of the sewer system.

ITEM 32 - MODIFICATION TO DA 2015/0149 LOT 361 DP 1193438, BURRENDONG WAY, MULLION CREEK - RELOCATION OF APPROVED DWELLING SITE AND RECONFIGURATION OF APPROVED FLOOR PLAN

REPORT IN BRIEF

Reason For Report	The modification application is required to be determined by Council as the original application was determined by Council.
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	1. DA 2015/0149 Modification Draft Conditions
File Number	\Development Applications\DEVELOPMENT APPLICATION\2015\03-2015-0149 - 724407

Recommendation

THAT Modification Development Application 2015/0149/1 for Dwelling on Lot 361 DP 1193438, Burrendong Way, Mullion Creek, be granted consent subject to the conditions attached.

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 modification application submitted for a dwelling upon Lot 361 DP 1193438 land also known as 2043 Burrendong Way, Mullion Creek. The modification application seeks consent for the change in site location and revised floor plan of the approved dwelling.

The original application was not advertised development and not neighbour notified; as such the modification was not required to be neighbour notified. The modification application has been assessed in accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979, is of minimal environmental impact and is substantially the same for which consent was originally granted. The modified application has been assessed in accordance with the provisions of the Cabonne Local Environmental Plan 2012 and development control provisions. It is recommended that the modification be approved subject to conditions of consent.

The application has been referred to the Council for determination as the original determination was made by Council in June 2015.

Applicant: Rawson Homes Pty Ltd

Owner: JR Fabar & KA Gibson

Proposal: Dwelling

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

Zone: RU1 Primary Production

Section 23A of the Local Government Act “Council decision making during merger proposal periods” requires Council to consider these guidelines and assess any impact upon a determination. The guidelines have been considered and the proposed modification and determination for the support of determination is not contrary to the guidelines.

The PROPOSAL

Council approval is sought for a modification application to re-locate the approved dwelling and for the re-configuration of the floor plan.

The proposed new location for the dwelling is in the south eastern area of the lot; approximately 265m from Burrendong Way (eastern boundary) and in excess of 140m from the southern boundary. The location has been chosen for the purposes of topography, to utilize the existing access point and to increase distance from boundaries and adjoining properties for privacy and visual amenity.

The modification also proposes to re-configure the existing floor plan however, the total floor area will remain at approximately 300m². Elevations are similar to those originally approved.

No other details of the proposal have changed.

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

The DA for subdivision was approved on 20 March 2013, creating Lots 360 and 361 DP 1193438.

A subsequent DA for a Dwelling varying the minimum lot size via Clause 4.6 Exemptions to Development Standard was approved by Council 23 June 2015.

This modification seeks only to change the location of the dwelling and a re-configuration of the floor plan.

MATTERS FOR CONSIDERATION

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 RU1 Primary Production
Lot size map	Minimum lot size is 100 Ha
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	Stringybark - Box - Gum Woodland
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

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. A dwelling is permissible within this zone, subject to Council’s development consent.

The proposed modification does not alter the primary purpose of the development.

Objectives of the RU1 Primary Production zone

The 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 proposed modification is not contrary to the objectives of the zone.

Part 4 – Principal development Standards

The proposed development for a dwelling is a permitted land use in the RU1 zone. The modification does not change the proposed land use or intent of the development.

Part 5 – Miscellaneous provisions

There are no miscellaneous provisions that apply to the modified development.

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

Whilst the subject land is identified as “biodiversity” on the Terrestrial Biodiversity Map (Stringybark - Box - Gum Woodland), the proposed modified development is not likely to have any adverse impact on flora and fauna of the land. No additional measures are required to minimize or mitigate the impacts of the proposed development.

Clause 6.8 Essential services

Council is satisfied the following essential services that are essential for the development are available:-

a. The supply of water

b. The supply of electricity

c. The disposal and management of sewerage

d. Stormwater drainage, &

e. Suitable vehicle access

REGIONAL ENVIRONMENTAL PLANS

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

STATE ENVIRONMENTAL PLANNING POLICIES

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat. The applicant has not addressed the SEPP; however, the revised location for the dwelling land is relatively clear 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.

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 modified development and is generally consistent with the provisions of the plan..

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)

Context & Setting

The proposed modification does not affect the previous site assessment.

Setbacks

The dwelling is to be re-located from the existing approved site (off the northern boundary) towards the southern boundary. The dwelling is to be sited approximately 265m off the Burrendong Way boundary (eastern boundary) and approximately 140m off the southern lot boundary. Proposed setbacks are considered to be satisfactory.

Visual amenity

There will be minimal impact from the modified development in terms of visual amenity.

Access & traffic

The modification relates to a change in location for the proposed dwelling. As the proposed location is at either end of the lot, the location for access will also change. A vehicle access to Lot 361 was approved and constructed at the time of subdivision.

No additional traffic will be generated by the modification as the development is primarily the same. The modification relates to a revised site location and the re-arrangement of the internal floor layout only.

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

Physical Attributes and Hazards

The subject land is identified as bushfire prone. Assessment by H&B has been undertaken with additional conditions included to address compliance with NSW RFS Planning for Bushfire Protection 2006. Bush fire attack level (BAL) has been assessed as 12.5 for the development.

DEVELOPMENT CONTRIBUTIONS

Section 94 road contributions do not apply to the proposed development. Conditions requiring bushfire contribution will be retained as the primary purpose of the development has not changed.

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

The proposed development is not advertised development and is 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 modified development for a Dwelling is permissible with the consent of Council. The modified development has been assessed in accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979, is of minimal environmental impact and is substantially the same for which consent was originally granted. The modified development complies with the relevant aims, objectives and provisions of the LEP. A section 79C assessment of the modified 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 33 - MODIFICATION TO DA 2015/0012 CELLAR DOOR PREMISE AND AMENITIES BLOCK ON LOTS 100 & 102 DP1031436, 1034 THE ESCORT WAY, BORENORE

REPORT IN BRIEF

Reason For Report	For determination by Council as the original development application was determined by Council therefore any modification is required to also be determined by Council.
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	\Development Applications\DEVELOPMENT APPLICATION\2015\03-2015-0012 - 726143

Recommendation

THAT Modified Development application 2015/0012 for a Cellar Door Premise and Amenities block on Lot 100 and Lot 102 DP 1031436, 1034 The Escort Way, retain the wording for Condition 8 and Condition 23, and support the minor structural building amendments.

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 a modified assessment of the development application submitted for a Cellar Door, business identification signage and amenities block on land described as Lot 100 and 102 DP 1031436, 1034 The Escort Way, Borenore.

The modified proposal seeks consent for changes to Condition 8 Hours of operation and Condition 23 Application of bitumen seal to the access and internal roads. In addition to changes of Conditions 8 and 23, the applicant also seeks minor alterations to the approved building plans.

No other changes pertaining to the proposal are sought.

The modification application was required to be neighbour notified to adjoining landowners for a period of 14 days. Three (3) submissions were received by the close of the exhibition phase raising a number of concerns regarding aspects of the proposed development, namely noise from continued use of the cellar door and dust from using gravel surface instead of a bitumen seal. Other concerns raised in the submissions are summarised in further detail in the following assessment report.

The modification application has been assessed in accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979. Whilst the development is substantially the same for which consent was originally granted, the proposed changes to Conditions 8 & 23 are considered to have adverse impact upon the adjoining dwelling to the east which is approximately 60m from the cellar door building in relation to changed hours of operation and dust potential from internal access paths and car parking areas. The modified application has been assessed in accordance with the provisions of the Cabonne Local Environmental Plan 2012 and development control provisions.

The application has been referred to Council for determination as the original application was determined by Council; as such any request to change aspects of the original application must also be determined by Council.

It is recommended that Council retain the current wording for Condition 8 and 23 of the consent and support the minor structural building amendments. It is noted that the works have been completed and the Private Certifier for the constructions works has issued an Interim Occupation Certificate for the development.

Applicant: Heifer Station Wines c/o:- Peter Basha Planning and Development

Owner: Planline Pty Ltd

Proposal: Modification to consent – Condition 8, Condition 23 and minor building changes to cellar door structure

Location: Lot 100 and 102 DP 1031436, 1034 The Escort Way, Borenore

Zone: RU2 Rural Landscape

THE MODIFIED PROPOSAL

The proposed modification seeks to amend the wording of Condition 8 pertaining to hours of operation, amend the wording of Condition 23 to not require bitumen sealing of all internal roads and parking areas, and seek minor alterations to the approved building plans.

Condition 8 requires:

8. HOURS OF OPERATION

Objective

To protect the amenity of the surrounding area.

Performance

The hours of operation of the business shall be as follows:-

11:00 am to 5:00 pm Sunday to Saturday.

The applicant requests that the condition be amended to read as follows:-

The proposed hours of operation for wine tasting and cellar door sales would be 11am to 5pm seven days a week. Occasional functions including those associated with Cabonne and Orange Food and Wine Week festivals may involve a later closing time.

Condition 23 currently requires:

23. APPLICATION OF BITUMEN SEAL TO THE ACCESS AND INTERNAL ROADS

Objective

To ensure a suitable all weather access is provided and to prevent the rising of generated dust from the development.

Performance

All internal roads associated with the development, including the vehicular access point, car parking shall be bitumen sealed and be maintained at all times to prevent the rising of dust generated from the development.

The applicant seeks that the condition be amended to require an all weather gravel surface to these areas. The justification for the proposed amendment includes the following:-

· The gravel can be well consolidated and compacted to form a low dust surface.

· The potential for raised dust will be minimized by ensuring that drivers exercise responsible driving techniques and slower speeds on site. The ability to manage driver behavior within the site is assisted by the tight nature of the site layout itself which will only permit slow vehicle speeds. Signage can also be established to encourage slow speed.

· To minimise potential dust impacts upon the neighbouring dwelling to the east:-

- Council will note that the driveway for the development as approved has been routed further to the west of the existing right of carriageway to provide greater separation between vechile areas and the subject dwelling

- An evergreen hedge is proposed along the eastern side of the driveway and parking area which (at reasonable height) will assist to contain raised dust.

- Generally, it is expected that vechile numbers will be modest and infrequent.

- We are not aware of other cellar door facilities where Council has required the driveway and parking areas to be sealed.

- To concrete or seal the required areas would represent considerable expense to the proponent with little benefit to the business or amenity of the area.

The proposed modification also seeks minor alterations to approved building plans that include the following aspects:-

· Remove the existing skillion on the southern side of the building

· Add a glass entry door in the southern elevation and provide an accessible ramp to this door

· Add a brick chimney and hearth in the southern elevation to create a fire place

· Adjust the western wall of the existing skillion so that it is a straight wall.

Site Map

The subject land is located on the northern side of The Escort Way approximately 6 kilometres to the west of Orange. Lot 102 has an area of approximately 25.96 hectares; is of irregular shape and has a narrow road frontage with the allotment widening to the rear. The lot contains existing vineyard, and existing infrastructure such as shearing shed, stables and sheep/cattleyards in the south western section.

Lot 100 has an area of 26.06 hectares and also contains vineyard. The lot also has approval for an ancillary dwelling on the north-western corner of the site (DA 2014/120).

An existing access point is located off The Escort Way with an internal gravel driveway along the lots eastern boundary. The driveway lies within a Right of Carriageway that benefits the adjoining allotment to the east. A Right of Carriageway is registered on the title of Lot 102 DP 1031436.

The site is not serviced by either reticulated sewer or water.

Molong Creek is located approximately 500m to the east.

Background

The subject land was created via subdivision 2001/49 and registered 26/7/2001. Lots 100 & 102 have a combined area of approximately 52 hectares.

The following development applications have previously been submitted to Council for the subject land:-

DA 2003/183 Winery, Cellar door sales and tastings through the use of the existing storage and shearing shed. The application was refused 19/4/2006 based on proximity of the building to the neighbor and the inability to address issues such as buffer zone; noise; landscaping and impacts on the amenity of the neighbours. The application was refused due to lack of information and supporting documentation.

DA 2011/77 Tourist Facility & Ancillary Dwelling. The application was refused based on a Land & Environment court ruling 19/6/2012.

DA 2014/120 Ancillary Dwelling approved 15/4/2014.

The development application for a cellar door, and amenities block was approved by Council on 16 December 2014.

MATTERS FOR CONSIDERATION

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,