Council Meeting 1 September 2015
5.1 2014/2015 Financial Reports
Attachment 1 Statement by Councillors, Income Statements and Balance Sheets
ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
1 September 2015
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 1 September 2015 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 1 September 2015
In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the entrance to the car park. This is Council's designated emergency muster point.
Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.
In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building
1.1 Apologies and Leave of Absence
1.3 Acknowledgement of Country
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 18 August 2015
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
4 Notices of Motion/Notices of Rescission
4.1 Proposed Motion to Local Government NSW Conference by Cr Whitton
5.1 2014/2015 Financial Reports
5.2 Section 94 Orange Development Contributions Plan 2015
6 Closed Meeting - See Closed Agenda
6.1 Supply and Delivery Of One New Landfill Waste Compactor
7 Resolutions from closed meeting
1.1 Apologies and Leave of Absence
1.3 Acknowledgement of Country
I would like to show my respect and acknowledge the Traditional Custodians of the Land, of Elders past and present, on which this meeting takes place.
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
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Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting. |
3 Confirmation of Minutes of Previous Meeting
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RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 18 August 2015 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 18 August 2015. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 18 August 2015
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 18 August 2015
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor (7.08pm), Cr R Turner, Cr J Whitton
Acting General Manager (Devitt), Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Acting Director Technical Services (Boyd), Manager Administration and Governance, Planning Team Leader, Communications Officer
1.1 OPENING PRAYER
Andrew Cunningham of the Uniting Church led the Council in prayer.
1.2 ACKNOWLEDGEMENT OF COUNTRY
The Mayor welcomed Year 4 students from Catherine McAuley Catholic Primary School.
1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr C Gryllis declared a pecuniary interest in Item 5.11 as his brother operates Patmos Gardens Restaurant.
Cr A Brown declared a pecuniary interest in Item 5.13 as he is involved in sale of this land and appraising the land for future sales.
Cr R Turner declared a pecuniary interest in Item 5.13 as an owner of property in Pearl Court.
Cr C Gryllis declared a pecuniary interest in Item 6.1 as a Real Estate Agent acting in the Narrambla Estate.
Cr C Gryllis declared a pecuniary interest in Item 6.2 as a Real Estate Agent acting in the Narrambla Estate.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.08PM
Presentation - Centroc Joint Organisation by Cr Bill West and Ms Jennifer Bennett
Cr Bill West, Chairperson of Centroc and Mayor of Cowra, discussed the value of Centroc and the various activities undertaken by Centroc to enhance the region.
Cr West also outlined the participation of Centroc in the trial of the NSW Government’s Joint Organisations. Cr West encouraged Council to comment on the ‘Emerging Directions’ paper when it is released.
Item 5.11 Orange Botanic Gardens Precinct Master Plan
Nick King
Outlined the concerns of the Environmentally Concerned Citizens of Orange.
Item 5.13 Development Application DA 4/2015(1) – Lot 18 Emerald Street
Phillip Johnston
Mr Johnston outlined his objections to the Development Application.
Brendan White
Mr White outlined his objections to the Development Application.
THE OPEN FORUM CONCLUDED AT 7.52PM
2 Mayoral Minutes
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2.1 Committee Structure TRIM Reference: 2015/2108 |
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RESOLVED - 15/335 Cr J Davis/Cr J Whitton That Council create a Policy Committee structure at its meeting of 1 September 2015 as follows: · Employment and Economic Development Policy Committee · Environmental Sustainability Policy Committee · Finance Policy Committee · Infrastructure Policy Committee · Services Policy Committee · Sport and Recreation Policy Committee · Planning and Development Committee
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3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 15/336 Cr S Munro/Cr R Kidd That the Minutes of the Ordinary Meeting of Orange City Council held on 4 August 2015 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 4 August 2015.
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4 Notices of Motion/Notices of Rescission
Nil
5 General Reports
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5.1 Statement of Investments - July 2015 TRIM Reference: 2015/2020 |
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RESOLVED - 15/337 Cr K Duffy/Cr S Munro 1 That Council receives the Statement of Investments as at 31 July 2015. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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5.2 Recommendations and Resolutions from Policy Committees TRIM Reference: 2015/2039 |
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RESOLVED - 15/338 Cr R Kidd/Cr R Gander 1 That the resolutions made by the Sustainable Development Committee at its meeting held on 4 August 2015 be noted. 2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 4 August 2015 be noted. 3 That the resolutions made by the Services Policy Committee at its meeting held on 4 August 2015 be noted. 4 That the following recommendations made by the Services Policy Committee at its meeting held on 4 August 2015 be adopted. a That the recommendations made by the Central West Libraries at its meeting held on 26 June 2015 be adopted. b That Council approve the adjustment of $2,558.92 to be transferred from another budget element in the existing Orange Library budget. 5 That the resolutions made by the Environment and Economic Development Committee at its meeting held on 4 August 2015 be noted. 6 That the resolutions made by the Finance Policy Committee at its meeting held on 4 August 2015 be noted.
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MATTER ARISING
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RESOLVED - 15/339 Cr Cr Gryllis/Cr J Whitton That Council invite Mr Andrew Gee, Member for Orange, to attend a Council Meeting to discuss how the local member, and Council, can work together for the betterment of Orange.
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5.3 Outstanding Questions Taken on Notice TRIM Reference: 2015/2040 |
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RESOLVED - 15/340 Cr R Kidd/Cr K Duffy That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.
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QUESTION TAKEN ON NOTICE Cr Taylor requested a report on the leash free area in Riawena Oval. |
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5.4 Performance Indicators - April to June 2015 TRIM Reference: 2015/1966 |
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RESOLVED - 15/341 Cr J Whitton/Cr C Gryllis That the Performance Indicators – April to June 2015 be acknowledged, noting that Item 1.3.1 should indicate the Daydawn Place Development Control Plan was resolved by Council not to proceed.
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5.5 Development Recap 2015 TRIM Reference: 2015/1858 |
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RESOLVED - 15/342 Cr R Turner/Cr S Munro That the report on Development Services 2014/15 recap be acknowledged.
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5.6 Complaints Under Council's Code of Conduct TRIM Reference: 2015/1931 |
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RESOLVED - 15/343 Cr C Gryllis/Cr R Turner That the report on complaints under Council’s Code of Conduct be acknowledged.
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5.7 Training Opportunities for Councillors TRIM Reference: 2015/1967 |
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RESOLVED - 15/344 Cr K Duffy/Cr S Munro That the information on training opportunities for Councillors be acknowledged.
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5.8 Mission Australia TRIM Reference: 2015/1796 |
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RESOLVED - 15/345 Cr G Taylor/Cr J Whitton That Council place on public exhibition a donation to Mission Australia’s Benjamin Short Grove Aged Facility of $30,000 to be funded from the Jobs Creation Budget.
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QUESTION TAKEN ON NOTICE- Cr Duffy requested clarification on when a Voluntary Planning Agreement is required. Information to be circulated to Councillors. |
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5.9 Acquisition of Land for Road Construction - Lot 211 DP 1209495 TRIM Reference: 2015/1441 |
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RESOLVED - 15/346 Cr S Munro/Cr C Gryllis 1 That Council acquire by compulsory acquisition under sections 177 and 178 of the Roads Act 1993 Lot 211 DP 1209495 (the Land) for the purpose of constructing a connection road from Telopea Way to William Maker Drive. 2 That Council make of an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect of the Land. 3 That Council make an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect to the Land. 4 That the Common Seal of Council be affixed to any documents required. 5 That the General Manager be delegated authority to execute on behalf of Council any document associated with the compulsory acquisition process for the land that does not require the Common Seal of Council. 6 That the Land, once acquired, be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993 (NSW). 7 That Council dedicate the land as a public road under Section 10 of the Roads Act 1993 once the acquisition has been completed. 8 That Council seek ministerial approval for the creation of an internal loan to fund the acquisition.
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5.10 Classification of Lot 135 DP 1207360 McCormick Place - Drainage Reserve TRIM Reference: 2015/2011 |
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RESOLVED - 15/347 Cr R Turner/Cr S Munro 1 That Lot 135 DP 1207360 be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993. 2 That authority be granted to affix the Council Seal to any documentation necessary to allow the classification.
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5.11 Orange Botanic Gardens Precinct Master Plan TRIM Reference: 2015/1907 |
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Cr C Gryllis declared a pecuniary interest in Item 3.11 as his brother operates Patmos Gardens Restaurant, left the Chamber, and did not participate in the voting or debate on this item. |
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motion Cr R Turner/Cr J Hamling That Council adopt the Orange Botanic Gardens Precinct Master Plan and consider the allocation of funds in future budget discussions. |
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AMENDMENT Cr R Gander/Cr S Munro That consideration of the Orange Botanic Gardens Precinct Master Plan be deferred to allow further consideration and consultation with Councillors, including an inspection. |
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 15/348 Cr R Gander/Cr S Munro That consideration of the Orange Botanic Gardens Precinct Master Plan be deferred to allow further consideration and consultation with Councillors, including an inspection.
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5.12 Spot Rezonings Leewood Drive TRIM Reference: 2015/2002 |
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RESOLVED - 15/349 Cr C Gryllis/Cr R Gander That the two parcels, Lot 16 DP 255071 – 17 Leewood Drive and Lot 43 DP 255071 – 30 Leewood Drive, be dealt with separately.
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RESOLVED - 15/350 Cr C Gryllis/Cr R Gander That the proposed reclassification of Lot 16 DP 255071- 17 Leewood Drive, be deferred pending Councillor inspection.
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Council noted the previous resolution in relation to reclassifying lot 43, DP 255071 – 30 Leewood Drive stands, so no further action is required on that parcel.
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5.13 Development Application DA 4/2015(1) - Lot 18 Emerald Street TRIM Reference: 2015/2012 |
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Cr A Brown declared pecuniary interest in Item 5.13 as he is involved in sale of this land and appraising the land for future sales, left the Chamber, and did not participate in the voting or debate on this item. Cr R Turner declared a pecuniary interest in Item 5.13 as an owner of property in Pearl Court, left the Chamber, and did not participate in the voting or debate on this item. |
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MOTION Cr K Duffy/Cr S Munro That Council consents to development application DA 4/2015(1) for Demolition (existing dwelling and ancillary structures); Subdivision (Torrens - 11 lots and public road); Subdivision (Community - 16 lots); and Dwelling Houses (24) at Lot 18 DP 1210246 –Emerald Street, Orange pursuant to the reasons outlined in the attached Notice of Approval. |
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AMENDMENT Cr N Jones/Cr R Gander That the application be deferred pending further discussion with the developer on issues including solar access and distance of the proposed road to existing houses. |
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 15/351 Cr K Duffy/Cr S Munro That Council consents to development application DA 4/2015(1) for Demolition (existing dwelling and ancillary structures); Subdivision (Torrens - 11 lots and public road); Subdivision (Community - 16 lots); and Dwelling Houses (24) at Lot 18 DP 1210246 –Emerald Street, Orange pursuant to the reasons outlined in the attached Notice of Approval.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr J Whitton |
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Voted Against |
Cr J Hamling, Cr N Jones |
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Absent |
Cr R Turner, Cr A Brown |
6 Closed Meeting
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
In response to a question from the Mayor, the Acting General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.
The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.
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RESOLVED - 15/352 Cr R Gander/Cr S Munro That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 Land Sale This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.2 Narrambla Land Sale This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.3 Voluntary Planning Agreement - Employment Generating Development This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE CLOSED MEETING AT 9.35PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.40PM
7 Resolutions from Closed Meeting
The Director Corporate and Commercial Services read out the following resolutions made in the Closed Meeting of Council.
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6.1 Land Sale TRIM Reference: 2015/2033 |
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Cr C Gryllis declared a pecuniary interest in Item 6.1 as a Real Estate Agent acting in the Narrambla Estate, left the Chamber, and did not participate in the voting or debate on this item. Cr Gryllis left the meeting at 9.35pm and did not return. |
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RESOLVED - 15/353 Cr S Munro/Cr R Turner That Council agree to sell Lot 71 DP 1077737 for $85m2 (inc GST), with the proceeds of this sale applied to the Land Development reserve.
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6.2 Narrambla Land Sale TRIM Reference: 2015/2106 |
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Cr C Gryllis declared a pecuniary interest in Item 6.2 as a Real Estate Agent acting in the Narrambla Estate. Cr Gryllis had left the meeting, and did not participate in the voting or debate on this item. |
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RESOLVED - 15/354 Cr J Hamling/Cr S Munro That Council sell Lot 110-112 Astill Drive for $77m2 (inc GST).
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6.3 Voluntary Planning Agreement - Employment Generating Development TRIM Reference: 2015/2062 |
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RESOLVED - 15/355 Cr J Whitton/Cr S Munro That Council support in principle the draft Voluntary Planning Agreement (VPA) as detailed in this report, to enable the finalisation of negotiations of the VPA and reporting of the VPA to open Council for exhibition and determination.
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The Meeting Closed at 9.41PM
This is Page Number 10 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 18 August 2015.
4 Notices of Motion/Notices of Rescission
TRIM REFERENCE: 2015/2169
I, CR Jeff Whitton wish to move the following Notice of Motion at the Council Meeting of 1 September 2015:
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That Council submit the following motion to the Local Government NSW Conference: “That legislation be introduced that prohibits current serving Councillors from sitting on State Government remunerated Boards or Committees.” |
Background
Both houses of the NSW parliament have legislation that a serving lower and upper house member cannot also hold office as a Local Government Councillor.
To ensure councils are able to conduct their business with the same degree of “clear conscience”, Councillors and council officers should not be eligible to serve on State Government remunerated boards or committees.
This exclusion provides a degree of confidence within the community that a Councillor’s actions and debate is conducted without “fear or favour” when dealing with the “hard issues” on behalf of their constituents, particularly those issues that involve the State Government.
Signed Cr Jeff Whitton
TRIM REFERENCE: 2015/2043
AUTHOR: Julie Murray, Financial Accountant
EXECUTIVE Summary
Council’s 2014/2015 financial reports are now prepared in draft form and available for audit by Council’s auditors.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Nil
Policy and Governance Implications
Nil
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1 That Council authorise the Mayor, Chairperson of Finance Policy Committee, General Manager and Responsible Accounting Officer to sign the Statement by Council and Management for the General Purpose and Special Purpose Financial Statements in order for Council’s auditors to conduct the audit and upon completion of the audit, issue an audit statement in accordance with section 413(2)(c) of the Local Government Act 1993. 2 That Council’s auditor be invited to present the Audit Report to Council at the Council Meeting to be held on Tuesday 6 October 2015. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Attached are the draft income statements and balance sheets for both the General Purpose Financial Statements and Special Purpose Financial Statements. As part of the audit process, these financial reports may be subject to change.
Both the General Purpose Financial Statements and Special Purpose Financial Statements for the year ending 30 June 2015 have been prepared in accordance with:
· The Local Government Act 1993 and its regulations
· The Australian Accounting Standards and Professional pronouncements
· The Local Government Code of Accounting Practice and Financial Reporting.
A presentation to Councillors by Council’s External Auditor, Intentus, of the audited Financial Statements is scheduled to be made at the Council Meeting on Tuesday 6 October 2015.
The completed and audited Financial Statements are required to be lodged with the Office of Local Government no later than Saturday 31 October 2015.
1 Statement by Councillors, Income Statements and Balance Sheets, D15/30333⇩
Council Meeting 1 September 2015
5.1 2014/2015 Financial Reports
Attachment 1 Statement by Councillors, Income Statements and Balance Sheets
TRIM REFERENCE: 2015/1490
AUTHOR: Michael McFadden, Manager Engineering Services
EXECUTIVE Summary
Council has resolved to adopt Development Control Plans (DCPs) for the Shiralee and Phillip Street areas. As a part of the discussion process, it was advised that the current Orange Development Contributions Plan 2012 would be required to be updated to include the additional DCP areas.
Council also resolved at the Sustainable Development Committee (SDC) meeting of 6 November 2014 to amend the car parking contribution and it is proposed to create a stand-alone Orange Car Parking Development Contribution Plan 2015 in compliance with Council’s resolution.
As part of the review process it is recommended that Council investigate the opportunity of removing stormwater contributions from section 94 and to develop a Stormwater Developer Servicing Plan (DSP) under section 64 of the Act and the Water Management Act 2000.
Two draft Development Contributions Plans are provided and recommended to Council for exhibition to incorporate the above changes as well as those outlined in this report.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.3 Our City - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions”.
Financial Implications
Nil
Policy and Governance Implications
The contribution plans have been developed in accordance with section 94 of the Environmental Planning and Assessment (EP&A) Act 1979.
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1 That Council review and update Orange Development Contributions Plan 2012. 2 That the Orange Development Contributions Plan 2015 and Orange Car Parking Development Contributions Plan 2015 be placed on exhibition for 28 days. 3 That Council develop a Stormwater Developer Servicing Plan (DSP) for stormwater within the Orange Local Government area and provide a further report to Council on the implementation of that DSP. 4 That relevant consultants and developers who undertake development work in Orange be advised that the Draft Orange Development Contributions Plans 2015 and Orange Car Parking Development Contributions Plan 2015 will be on exhibition and invite comments on the draft Plans. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Orange Development Contributions Plan 2015
Council has resolved to adopt Development Control Plans (DCP) for the Shiralee (DCP Masterplan) and Phillip Street areas. The resolutions were as follows:
Sustainable Development Committee 2 September 2014:
RESOLVED - 14/866 Cr R Turner/Cr J Davis
That Council:
1 Adopt the amended Master Plan for the South Orange Urban Release Area.
2 Submit the Planning Proposal to amend Orange Local Environmental Plan 2011 to make it consistent with the Master Plan, and proceed to seek Gateway approval for the amendment.
Sustainable Development Committee 2 December 2014:
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RESOLVED - 14/1058 Cr K Duffy/Cr J Davis That the Phillip Street Development Control Plan and accompanying documentation be adopted. |
As a part of the discussion processes above, Council has been advised that the current Orange Development Contributions Plan 2012 would be required to be updated to include the additional DCP areas.
Additionally, Council resolved to amend the car parking contribution component of the Development Contributions Plan, resolving on 6 November 2014:
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RESOLVED - 14/985 Cr J Hamling/Cr R Turner That Council: 1 Resolve to apply a 50% rate to car parking contributions for Development Applications involving a change-of-use; 2 Exhibit this change for 28 days in order to effect an amendment to the Development Contributions Plan 2012. |
Council has been working with Greg New from GLN Planning on the development of the Draft Orange Contributions Plan 2015 which will include the additional DCP areas. The draft plan has been prepared to address anticipated demand for local infrastructure generated by new development up to 2026. The draft plan applies to all land within the Orange Local Government Area.
Section 2.20 of the 2012 Plan required it to be regularly updated to ensure Council’s infrastructure program remains on a sound financial footing, that development infrastructure is delivered in a reasonable time and that the contribution rates remain reasonable over time. The draft plan updates the 2012 Plan by updating development areas, proposed lot yields, assumptions, works items and costs.
There are five sub-areas identified within the Local Government area (LGA) in the 2012 plan and these are:
1 Development in Waratah urban release area
2 Development in Ploughman’s Valley urban release area
3 Development in North West urban release area
4 Development in DPI/Bloomfield urban release area
5 Development in remainder of LGA
The Draft 2015 contribution plan will be updated to include:
6 Development in Phillip Street urban release area
7 Development in the Shiralee urban release area
The proposed and existing contributions rates (per lot) within the proposed sub-areas are:
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AREA |
2012 PLAN RATE |
2015 PLAN RATE |
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Waratah urban release area |
$20,000 |
$19,584.23 |
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Ploughmans Valley urban release area |
$18,685 |
$19,283.62 |
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North West urban release area |
$18,056 |
$15,372.73 |
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DPI/Bloomfield urban release area |
$15,353 |
$14,893.18 |
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Remainder of LGA |
$11,980 |
$9,624.67 |
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Phillip Street urban release area |
N/A |
$19,903.90 |
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The Shiralee urban release area |
N/A |
$20,000 (capped) |
As indicated in the above table, the rates will remain similar or lower in the 2015 Plan, which is within the $20,000 cap per lot as required under section 94E of the EP&A Act.
The Shiralee urban release area has significant challenges and costs associated with the development of the precinct. All works required for the area total $27,893.73 per lot. However to comply with the EP&A Act the 2015 Plan will cap the contribution rate at the allowable limit of $20,000 per lot.
The shortfall within the Shiralee urban release area will need to be monitored and reviewed regularly by updating the work schedules with actual costs and lot numbers.
Orange Car Parking Development Contributions Plan 2015
Council resolved at the SDC meeting of 6 November 2014 to amend the car parking contribution and it is proposed to create a stand-alone Orange Car Parking Development Contributions Plan 2015 to address Council’s resolution.
Currently, the requirements for the car parking contribution are a paragraph within the Orange Development Contributions Plan 2012.
The proposed stand-alone Contribution Plan for car parking contributions will be more readily available and will clearly define the car parking requirements within the LGA. The commercial areas subject to Car Parking Contributions have been extended from the 2012 Plan and an increased area has been identified that reflects current development trends around the traditional central business district area. A map of the area subject to Car Parking Contributions under the 2015 Plan is contained within the Draft Plan.
Map 1 – Old Area (A3 version attached)
Map 2 – New Area (A3 version attached)
The current car parking contribution, as at 1 June 2015, is $13,717.19 per car space and it is not proposed to alter that rate.
DSP - STORMWATER
Currently stormwater contributions are contained within the Section 94 Contributions Plan and cover proposed works for the next 10 years. The stormwater rate proposed in the 2015 Plan is $306 per lot. To date, little emphasis has been placed on stormwater infrastructure and a lot more work is required to control stormwater flows and levels and to reduce flood events within the City.
Council is able, as the Water Authority, to collect contributions for stormwater under section 64 of the Act and in accordance with the Water Management Act 2000. The Act requires that the Developer Servicing Plan (DSP) should cover a 30-year design period and Council officers will need to undertake major forward planning to provide Council with a thorough understanding of the stormwater needs of the City.
It is recommended that Council develop a DSP for stormwater within the Orange LGA and provide a report to Council, following the creation of the DSP, for Council’s consideration.
1 2012 Public Carparking Map, D15/31680⇩
2 DRAFT 2015 Car Parking Contributions Plan Map 1 - Attachment to 2015/1490, D15/31595⇩
3 Draft Orange Contributions Plan, D15/31035 (Under Separate Cover)⇨
4 Draft Orange Car Parking Contributions Plan , D15/31036 (Under Separate Cover)⇨
Council Meeting 1 September 2015
5.2 Section 94 Orange Development Contributions Plan 2015
Attachment 1 2012 Public Carparking Map
5.2 Section 94 Orange Development Contributions Plan 2015
Attachment 2 DRAFT 2015 Car Parking Contributions Plan Map 1 - Attachment to 2015/1490
6 Closed Meeting - See Closed Agenda
The General Manager will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.
The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item.
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
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Recommendation That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 Supply and Delivery Of One New Landfill Waste Compactor This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. |
6.1 Supply and Delivery Of One New Landfill Waste Compactor
TRIM REFERENCE: 2015/2128
AUTHOR: Timothy Mooney, Manager Plant and Depot
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
