ORANGE CITY COUNCIL

Ordinary Council Meeting

 

Agenda

 

16 August 2016

 

 

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, 16 August 2016  commencing at 7.00pm.

 

 

Garry Styles

General Manager

 

For apologies please contact Michelle Catlin on 6393 8246.

    

 


Council Meeting                                                                                          16 August 2016

Agenda

EVACUATION PROCEDURE

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                Introduction.. 4

1.1            Apologies and Leave of Absence. 4

1.2            Opening Prayer. 4

1.3            Acknowledgement of Country. 4

1.4            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 4

2                Mayoral Minutes. 4

Nil

3                Confirmation of Minutes of Previous Meeting.. 4

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 02 August 2016  6

4                Notices of Motion/Notices of Rescission.. 13

Nil

5                General Reports. 14

5.1            Recommendations and Resolutions from Policy Committees. 14

5.2            Outstanding Questions Taken on Notice. 37

5.3            Statement of Investments - July 2016. 40

5.4            Performance Indicators - Final quarter 2015/16. 45

5.5            Regional Express Airlines. 121

5.6            McNamara Lane Parklet 127

5.7            Draft Contaminated Land Policy. 137

5.8            Orange Showground Pavilion. 191

5.9            Development Application DA 159/2016(1) - 212-220 Summer Street 233

5.10          Classification of land - drainage reserve in William Maker Drive. 314

6                Closed Meeting - See Closed Agenda.. 317

6.1            Sale of land - Narrambla Industrial Estate. 318

7                Resolutions from closed meeting.. 319

 


Council Meeting                                                                                          16 August 2016

1       Introduction

1.1     Apologies and Leave of Absence

1.2     Opening Prayer

1.3     Acknowledgement of Country

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.

1.4     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

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.

Recommendation

It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.

 

2       Mayoral Minutes

Nil     

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 2 August 2016 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 2 August 2016.

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 2 August 2016



ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 2 August 2016

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 R Kidd, Cr S Munro, Cr G Taylor (7.12pm), Cr R Turner, Cr J Whitton

General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Manager Financial Services, Commercial and Emergency Services Manager, Works Manager

1.1     APOLOGIES

 

RESOLVED - 16/295                                                                         Cr J Hamling/Cr S Munro

That the apology be accepted from Cr N Jones for the Council Meeting of Orange City Council on 2 August 2016.

 

1.2     ACKNOWLEDGEMENT OF COUNTRY

 

1.3     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

Cr A Brown declared a non-pecuniary interest in item 2.3 and 2.4 of the Planning and Development Committee (DA314/2008(6) and DA341/2009(2) - 7 Murphy Lane) as he owns property in the area.

Crs R Kidd and G Taylor declared a less than significant non-pecuniary interest in item 2.1 of the Planning and Development Committee (Items Approved Under the Delegated Authority of Council, item relating to OCTEC) as Directors on the Board of OCTEC.

Cr J Whitton declared a less than significant non-pecuniary interest in item 2.1 of the Planning and Development Committee (Items Approved Under the Delegated Authority of Council, item relating to OCTEC) as Chairperson of the Board of OCTEC.


 

2       Mayoral Minutes

2.1     Consul General Papua New Guinea - Visit to Orange

TRIM Reference:        2016/1702

RESOLVED - 16/296                                                                             Cr J Davis/Cr R Gander

That the information contained in this Mayoral Minute be acknowledged.

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.06PM

OPEN FORUM

Item 2.3 and 2.4 – Planning and Development Committee – DA314/2008(6) and DA341/2009(2) – 7 Murphy Lane

 

Bronwen Johnston

Ms Johnston spoke in support of the development applications.

 

Anthony Daintith

Mr Daintith spoke in support of the development applications.

 

Item 3.2 – Infrastructure Policy Committee – Parklet in McNamara Lane

Janette Churchill

Mrs Churchill spoke against the proposal.

 

Item 3.3 – Infrastructure Policy Committee – Aquatic Centre Usage Policy

 

Jasmin Wilkins

Ms Wilkins advised she was representing the Orange and District Community Swimming group, and spoke in support of the Policy.

 

Jane Weekes and Phil Warren

Ms Weekes spoke on behalf of Jets and Mr Warren represented the City of Orange Swim Club. Ms Weekes advised both Clubs were in support of the Policy.

THE OPEN FORUM CONCLUDED AT 7.27PM

   

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 16/297                                                                              Cr R Gander/Cr R Kidd

That the Minutes of the Ordinary Meeting of Orange City Council held on 19 July 2016 (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 19 July 2016.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.27PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.53PM

 

4       Notices of Motion/Notices of Rescission

4.1     Support - Children with Muscular Dystrophy by Cr Duffy

TRIM Reference:        2016/1630

RESOLVED - 16/326                                                                                 Cr K Duffy/Cr R Kidd

That Council light up Robertson Park fountain or rotunda or other location within the park to support the world’s children with muscular dystrophy on the night of 7 September 2016.

 

 

4.2     Mobile Parking Camera by Cr Whitton

TRIM Reference:        2016/1729

RESOLVED - 16/327                                                                       Cr J Whitton/Cr J Hamling

That Council, effective immediately, suspend the use of the Mobile Parking Camera until investigation in its reliability and accuracy are carried out.

 

 

5       General Reports

5.1     Lease to Orange Kart Club

TRIM Reference:        2016/1632

RESOLVED - 16/328                                                                             Cr J Hamling/Cr R Kidd

1        That Council enter into a five year lease with the Orange Kart Race Club Limited with two five year options.

2        That permission be granted for the use of the Common Seal on all necessary documentation.

 

 


 

5.2     Orange Regional Museum

TRIM Reference:        2016/1567

RESOLVED - 16/329                                                                             Cr J Davis/Cr R Gander

1    That Council acknowledge the report on the Orange Regional Museum.

2    That Council issue a letter of congratulations to Zauner Constructions Pty Ltd for the completion of works under the contract.

3    That Council adopt the amended funding schedule of:

Australian Government Grant

$4,000,000

Orange Regional Museum Foundation Contribution

400,000

Orange City Council - Restricted Asset

1,717,000

Section 94

470,000

Internal borrowings

1,913,000

Total

$8,500,000

 

 

5.3     Classification Lot 437 DP 1220844 Connemara Drive Orange

TRIM Reference:        2016/1530

RESOLVED - 16/330                                                                           Cr R Turner/Cr S Munro

1        That Lot 437 DP 1220844 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 on all necessary documentation.

 

 

5.4     Local Government NSW Annual Conference 2016

TRIM Reference:        2016/1647

RESOLVED - 16/331                                                                               Cr R Kidd/Cr S Munro

1        That Council identify motions under the topic headings provided by LGNSW to propose for consideration at the 2016 Local Government Annual Conference.

2        That Councillor attendees to the Conference be Councillors Duffy, Gander and Hamling.

 

 


 

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 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.

RESOLVED - 16/332                                                                           Cr R Gander/Cr C Gryllis

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     Tender for Ready Mixed Concrete 2016/17

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     Tender for Environmental Site Auditor Consultancy Services for the Former Orange Hospital Demolition

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 9.17pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.26.


 

7       Resolutions from Closed Meeting

The General Manager read out the following resolutions made in the Closed Meeting of Council.

6.1     Tender for Ready Mixed Concrete 2016/17

TRIM Reference:        2016/1664

RESOLVED - 16/333                                                                           Cr R Gander/Cr C Gryllis

1        That Council enter into a supply panel contract with Holcim (Australia) Pty Ltd and Mid Western Mini Mix for the period to 30 June 2017 for 20 MPa, 25 MPa and 32 MPa standard mix concrete and 32 MPa kerb and gutter mix.

2        That purchases under this panel contract be made that are most advantageous to Council based on volume and access restrictions.

 

 

Division of Voting

Voted For

Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown

Voted Against

Nil

Absent

Cr N Jones

 

6.2     Tender for Environmental Site Auditor Consultancy Services for the Former Orange Hospital Demolition

TRIM Reference:        2016/1651

RESOLVED - 16/334                                                                          Cr R Gander/Cr S Munro

1    That the contract for the Environmental Site Auditor Consultancy Services for the former Orange hospital demolition be awarded to Geosyntec Consultants Pty Ltd for the tendered Schedule of Rates as outlined in the report on this matter to the Closed Meeting of Council on 2 August 2016.

2    That Geosyntec Consultants Pty Ltd is awarded the additional works if granted the contract for Recommendation 1, to prepare a Section B Site Audit Statement to assess the suitability of the Remedial Action Plan (RAP) for the former hospital demolition at a cost of $1,055 excluding GST.

3    That permission is granted to affix the Council Seal on all relevant documents.

 

 


 

 

Division of Voting

Voted For

Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown

Voted Against

Nil

Absent

Cr N Jones

 

The Meeting Closed at 9.28pm

 

This is Page Number 7 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 2 August 2016.

  


Council Meeting                                                                                          16 August 2016

 

 

4       Notices of Motion/Notices of Rescission

Nil


Council Meeting                                                                                          16 August 2016

 

 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM REFERENCE:        2016/1746

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

Council’s Policy Committees (Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee) have delegation to determine matters before those Committees, with the exception of items that impact on Council’s Delivery/Operational Plan.

This report provides minutes of the Policy Committees held since the last meeting. Resolutions made by the Committees are for noting, and Recommendations are presented for adoption or amendment by Council.

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

Council has been advised that as a Council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.


 

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

 

Implications in this report

Nil

Policy and Governance Implications

Nil

 

Recommendation

1        That the resolutions made by the Planning and Development Committee at its meeting held on 2 August 2016 be noted.

2        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held 2 August 2016 be noted.

3        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 2 August 2016 be noted.

4        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 2 August 2016 be noted.

5        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 2 August 2016 be noted.

6        That the resolutions made by the Finance Policy Committee at its meeting held on 2 August 2016 be noted.

7        That the resolutions made by the Services Policy Committee at its meeting held on 2 August 2016 be noted.

 

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

Planning and Development Committee

At the Planning and Development Committee meeting held on 2 August 2016, all resolutions were made under delegation, and the minutes are presented for noting.


 

Employment and Economic Development Policy Committee

At the Employment and Economic Development Policy Committee meeting held on 2 August 2016, all resolutions were made under delegation, and the minutes are presented for noting.

Infrastructure Policy Committee

At the Infrastructure Policy Committee meeting held on 2 August 2016 all resolutions were made under delegation, and the minutes are presented for noting.

Sport and Recreation Policy Committee

At the Sport and Recreation Policy Committee meeting held on 2 August 2016, all resolutions were made under delegation, and the minutes are presented for noting.

Environmental Sustainability Policy Committee

At the Environmental Sustainability Policy Committee meeting held on 2 August 2016, all resolutions were made under delegation, and the minutes are presented for noting.

Finance Policy Committee

At the Finance Policy Committee meeting held on 2 August 2016, all resolutions were made under delegation, and the minutes are presented for noting.

Services Policy Committee

At the Services Policy Committee meeting held on 2 August 2016 all resolutions were made under delegation, and the minutes are presented for noting.

 

 

Attachments

1          PDC 2 August 2016 Minutes, 2016/1753

2          EEDPC 2 August 2016 Minutes, 2016/1754

3          IPC 2 August 2016 Minutes, 2016/1755

4          SRPC 2 August 2016 Minutes, 2016/1756

5          ESPC 2 August 2016 Minutes, 2016/1757

6          FPC 2 August 2016 Minutes, 2016/1758

7          SPC 2 August 2016 Minutes, 2016/1759

  


Planning and Development Committee                                             16 August 2016

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 1      PDC 2 August 2016 Minutes


ORANGE CITY COUNCIL

MINUTES OF THE

Planning and Development Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 2 August 2016

COMMENCING AT 7.27pm


 1      Introduction

Attendance

Cr R Turner (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr J Whitton

General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Commercial and Emergency Services Manager, Works Manager  

APOLOGIES

 

RESOLVED - 16/298                                                                         Cr J Hamling/Cr S Munro

That the apology be accepted from Cr N Jones for the Planning and Development Committee of Orange City Council on 2 August 2016.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Crs R Kidd and G Taylor declared a less than significant non-pecuniary interest in item 2.1 relating to OCTEC as Directors on the Board of OCTEC.

Cr J Whitton declared a less than significant non-pecuniary interest in item 2.1 relating to OCTEC as Chairperson of the Board of OCTEC.

Cr A Brown declared a non-pecuniary interest in item 2.3 and 2.4 as he owns property in the area.

 


 

2       General Reports

2.1     Items Approved Under the Delegated Authority of Council

TRIM Reference:        2016/1429

Crs R Kidd and G Taylor declared a less than significant non-pecuniary interest in item 2.1 relating to OCTEC as Directors on the Board of OCTEC, left the Chamber and took no part in the debate or voting on this item.

Cr J Whitton declared a less than significant non-pecuniary interest in item 2.1 relating to OCTEC as Chairperson of the Board of OCTEC, left the Chamber and took no part in the debate or voting on this item.

RESOLVED - 16/299                                                                         Cr J Hamling/Cr S Munro

That the information provided in the report by the Acting Manager Development Assessments on Items Approved Under the Delegated Authority of Council be acknowledged.

 

 

2.2     Development Application DA 92/2016(1) - 238 and 238A McLachlan Street

TRIM Reference:        2016/1655

RESOLVED – 16/300                                                                         Cr J Hamling/Cr S Munro

That Council consents to development application DA 92/2016(1) for Multi Dwelling Housing (three dwellings) and Subdivision (three lot strata) at Lots 100 and 101 DP 1218969 - 238 and 238A McLachlan Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

 

Division of Voting

Voted For

Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown

Voted Against

Nil

Absent

Cr N Jones

 


 

2.3     Development Application DA 314/2008(6) - 7 Murphy Lane

TRIM Reference:        2016/1657

Cr A Brown declared a non-pecuniary interest in item 2.3 and 2.4 as he owns property in the area, left the Chamber and took no part in the debate or voting on this item.

RESOLVED – 16/301                                                                               Cr J Davis/Cr C Gryllis

That Council consents to development application DA 314/2008(6) for Educational Establishment (Stage 1) and Advertisements at Lot 100 DP 1174806 - 7 Murphy Lane, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

 

Division of Voting

Voted For

Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

Voted Against

Cr R Kidd

Absent

Cr N Jones

 

2.4     Development Application DA 341/2009(2) - 7 Murphy Lane

TRIM Reference:        2016/1660

Cr A Brown declared a non-pecuniary interest in item 2.3 and 2.4 as he owns property in the area, left the Chamber and took no part in the debate or voting on this item.

RESOLVED – 16/302                                                                               Cr J Davis/Cr C Gryllis

That Council consents to development application DA 341/2009(1) for Educational Establishment (Stage 2) at Lot 100 DP 1174806 - 7 Murphy Lane, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

 

Division of Voting

Voted For

Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

Voted Against

Cr R Kidd

Absent

Cr N Jones

 

The Meeting Closed at 7.55 Pm.


Employment and Economic Development Policy Committee      16 August 2016

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 2      EEDPC 2 August 2016 Minutes


ORANGE CITY COUNCIL

MINUTES OF THE

Employment and Economic Development Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 2 August 2016

COMMENCING AT 7.55pm


 1      Introduction

Attendance

Cr J Whitton (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner

General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Manager Financial Services, Commercial and Emergency Services Manager, Works Manager

APOLOGIES

 

RESOLVED – 16/303                                                                         Cr J Hamling/Cr S Munro

That the apology be accepted from Cr N Jones for the Employment and Economic Development Policy Committee of Orange City Council on 2 August 2016.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

  Nil

 


 

2       Committee Minutes

2.1     Minutes of the Sister Cities Community Committee - 11 May 2016

TRIM Reference:        2016/1607

RESOLVED – 16/304                                                                               Cr C Gryllis/Cr J Davis

That, as there was not a quorum, Council note the record of the Sister Cities Community Committee of its meeting held on 11 May 2016.

 

 

 

2.2     Minutes of the Economic Development Community Committee held 6 July 2016

TRIM Reference:        2016/1636

RESOLVED - 16/305                                                                           Cr S Munro/Cr G Taylor

That the recommendations made by the Economic Development Community Committee at its meeting held on 6 July 2016 be adopted.

 

 

 

The Meeting Closed at 7.57 PM.


Infrastructure Policy Committee                                                        16 August 2016

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 3      IPC 2 August 2016 Minutes


ORANGE CITY COUNCIL

MINUTES OF THE

Infrastructure Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 2 August 2016

COMMENCING AT 7.57pm


 1      Introduction

Attendance

Cr G Taylor (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr R Turner, Cr J Whitton

General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Manager Financial Services, Commercial and Emergency Services Manager, Works Manager

 

APOLOGIES

 

RESOLVED - 16/306                                                                         Cr J Hamling/Cr S Munro

That the apology be accepted from Cr N Jones for the Infrastructure Policy Committee of Orange City Council on 2 August 2016.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil


 

2       Committee Minutes

2.1     Minutes of the City of Orange Traffic Committee - 12 July 2016

TRIM Reference:        2016/1587

RESOLVED - 16/307                                                                               Cr C Gryllis/Cr J Davis

That the recommendations made by the City of Orange Traffic Committee at its meeting held on 12 July 2016 be adopted.

 

 

2.2     Minutes of the City of Orange Traffic Committee Extraordinary Meeting - 18 July 2016

TRIM Reference:        2016/1663

RESOLVED - 16/308                                                                         Cr J Hamling/Cr R Turner

That the recommendation made by the City of Orange Traffic Committee at its Extraordinary meeting held on 18 July 2016 be adopted.

 

 

3       General Reports

3.1     Current Works

TRIM Reference:        2016/1627

RESOLVED - 16/309                                                                             Cr J Davis/Cr J Hamling

That the information provided in the report on Current Works be acknowledged.

 

 

MATTER ARISING

RESOLVED - 16/310                                                                               Cr R Turner/Cr R Kidd

That a report be provided on the possible removal of basket willows between first and second crossing at Ophir, to include possible funding options and methods to improve water flow downstream of the second crossing.

 


 

 

3.2     McNamara Lane Parklet

TRIM Reference:        2016/1727

MOTION                                                                                              Cr K Duffy/Cr R Gander

That Council approve the following works at the McNamara Lane Parklet:

a    Construction of kerb and gutter if necessary

b    Reconstruction of the concrete footpath adjacent to the new kerb

c    Installation of a loading bay

AMENDMENT                                                                                      Cr J Hamling/Cr J Davis

That the report be deferred pending the provision of detailed, to scale, plans of the proposed works.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 16/311                                                                             Cr J Hamling/Cr J Davis

That the report be deferred pending the provision of detailed, to scale, plans of the proposed works.

 

3.3     Aquatic Centre Usage Policy

TRIM Reference:        2016/1728

RESOLVED - 16/312                                                                              Cr J Davis/Cr S Munro

That Council note the development of the Aquatic Centre Usage Operational Policy based on the contents of this report, and that the Policy will be exhibited to allow public comment.

 

 

 

The Meeting Closed at 8.40 PM.


Sport and Recreation Policy Committee                                           16 August 2016

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 4      SRPC 2 August 2016 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Sport and Recreation Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 2 August 2016

COMMENCING AT 8.40pm


 1      Introduction

Attendance

Cr J Hamling (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Manager Financial Services, Commercial and Emergency Services Manager, Works Manager

 

APOLOGIES

 

RESOLVED - 16/313                                                                         Cr J Hamling/Cr S Munro

That the apology be accepted from Cr N Jones for the Sport and Recreation Policy Committee of Orange City Council on 2 August 2016.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil 


 

 

2       General Reports

2.1     Carl Sharpe

TRIM Reference:        2016/1714

RESOLVED - 16/314                                                                        Cr J Hamling/Cr R Gander

That this matter be deferred to allow staff and Councillors to identify options to honour Mr Carl Sharpe OAM, noting the pavilion at Riawena Oval is already named after Bill Trimmer.

 

 

 The Meeting Closed at 8.43 PM.


Environmental Sustainability Policy Committee                           16 August 2016

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 5      ESPC 2 August 2016 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Environmental Sustainability Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 2 August 2016

COMMENCING AT 8.43pm


 1      Introduction

Attendance

Cr N Jones (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Manager Financial Services, Commercial and Emergency Services Manager, Works Manager

** In the absence of Cr Jones (Chairperson), Cr Hamling chaired the meeting. **

 

APOLOGIES

 

RESOLVED - 16/316                                                                         Cr J Hamling/Cr S Munro

That the apologies be accepted from Cr N Jones for the Environmental Sustainability Policy Committee of Orange City Council on 2 August 2016.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

  Nil


 

2       Committee Minutes

2.1     Minutes of the Companion Animal Community Committee - 6 June 2016

TRIM Reference:        2016/1640

RESOLVED - 16/316                                                                               Cr C Gryllis/Cr J Davis

That Council note the record of the Companion Animal Community Committee meeting held on 6 June 2016.

 

 

 The Meeting Closed at 8.44 PM.


Finance Policy Committee                                                                       16 August 2016

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 6      FPC 2 August 2016 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Finance Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 2 August 2016

COMMENCING AT 8.44pm


 1      Introduction

Attendance

Cr K Duffy (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr R Gander, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Manager Financial Services, Commercial and Emergency Services Manager, Works Manager

 

APOLOGIES

 

RESOLVED - 16/317                                                                         Cr J Hamling/Cr S Munro

That the apology be accepted from Cr N Jones for the Finance Policy Committee of Orange City Council on 2 August 2016.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil


 

2       Committee Minutes

2.1     Minutes of the Audit and Risk Management Committee - 24 June 2016

TRIM Reference:        2016/1581

RESOLVED - 16/318                                                                           Cr R Gander/Cr C Gryllis

1    That the Council endorse the preparation of a brief for an external audit of the Internal Audit program and Audit and Risk Management Committee performance, but that the General Manager discuss with the General Managers of Bathurst Regional Council and Western Plains Regional Council the deferment of the project until the merger decisions are made and proposed amendments to the Local Government Act regarding internal audit are determined.

2    That the balance of the minutes of the meeting of the Audit and Risk Management Committee held on 24 June 2016 be adopted.

 

 

3       General Reports

3.1     Statement of Bank Balances as at 30 June 2016

TRIM Reference:        2016/1626

RESOLVED - 16/319                                                                              Cr R Kidd/Cr R Gander

That the information provided in the report by the Accounting Officer – Management on the Statement of Bank Balances as at 30 June 2016 be acknowledged.

 

 

3.2     Request for Financial Assistance

TRIM Reference:        2016/1641

RESOLVED - 16/320                                                                           Cr A Brown/Cr S Munro

1        That Council approve the requests from Catherine McAuley School to the amount of $1,169.15, Orange Business Chamber to the amount of $3,000.00, Parkrun to the amount of $247.35, and decline the request from Orange District Cricket Association as the General Donations budget is fully allocated.

2        That Council decline the request from Event Trekkerz, and note the in-kind support already provided and on offer.

 

 

 The Meeting Closed at 8.45 PM.


Services Policy Committee                                                                      16 August 2016

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 7      SPC 2 August 2016 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Services Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 2 August 2016

COMMENCING AT 8.45pm


 1      Introduction

Attendance

Cr R Gander (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Manager Financial Services, Commercial and Emergency Services Manager, Works Manager  

APOLOGIES

 

RESOLVED - 16/321                                                                         Cr J Hamling/Cr S Munro

That the apology be accepted from Cr N Jones for the Services Policy Committee of Orange City Council on 2 August 2016.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

  Nil


 

2       Committee Minutes

2.1     Minutes Spring Hill Community Meeting - 27 June 2016

TRIM Reference:        2016/1623

RESOLVED - 16/322                                                                             Cr J Hamling/Cr J Davis

That the recommendations made by the Spring Hill Community Committee at its meeting held on 27 June 2016 be acknowledged.

 

 

2.2     Minutes of the Cultural Heritage Committee Meeting - 4 July 2016

TRIM Reference:        2016/1624

RESOLVED - 16/323                                                                           Cr K Duffy/Cr J Whitton

That the recommendations made by the Cultural Heritage Community Committee at its meeting held on 4 July 2016 be adopted.

 

 

2.3     Minutes of the Orange Health Liaison Committee - 11 July 2016

TRIM Reference:        2016/1643

RESOLVED - 16/324                                                                               Cr R Kidd/Cr R Turner

That the recommendations made by the Orange Health Liaison Committee at its meeting held on 11 July 2016 be adopted.

 

 

QUESTION TAKEN ON NOTICE                                                                                                   

Cr Kidd requested a letter of congratulations be sent to the relevant organisations and individuals involved in the cancer clinic trials being undertaken at the Orange Health Service.

 

2.4     Minutes of NAIDOC Week Community Committee 1 July 2016

TRIM Reference:        2016/1653

RESOLVED - 16/325                                                                            Cr R Turner/Cr C Gryllis

That as there was not a quorum, Council note the record of the NAIDOC Week Community Committee meeting held on 1 July 2016.

 

 

 

The Meeting Closed at 8.53 PM.


Council Meeting                                                                                          16 August 2016

 

 

5.2     Outstanding Questions Taken on Notice

TRIM REFERENCE:        2016/1745

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

Councillors have the opportunity to ask questions of the General Manager throughout Council and Committee meetings. While many questions asked can be answered at the meeting, or via a memo circulated to Councillors after the meeting, some questions require further action.

To ensure these questions are recorded and monitored, the attached table is updated, and is provided to Council for information.

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

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan

Implications in this report

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

 

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 is a table of outstanding questions taken on notice from the Council Meetings held from 16 June 2015 to present. Where action has been taken on a particular question, this is noted in the “action” column. A new section has been added to the report where a matter arising has been progressed as a works request so Councillors are provided with an update on those items that require works to be scheduled.

 

Attachments

1          Outstanding Questions Taken on Notice, 2014/745

 


Council Meeting                                                                                                                    16 August 2016

5.2                       Outstanding Questions Taken on Notice

Attachment 1      Outstanding Questions Taken on Notice

2014/745                                                                                                                                                    

OUTSTANDING QUESTIONS TAKEN ON NOTICE

COUNCIL MEETINGS

 

Date of Meeting

Question

Responsible Staff Member

Action

Date for completion

2 Aug 2016

Cr Kidd requested a letter of congratulations be sent to the organisations and individuals involved in the cancer clinic trials being undertaken

Executive Support Manager

A letter of congratulations will be sent to relevant organisations and individuals.

12 August 2016

5 Jul 2016

Cr Jones requested a report on the current situation with billboard advertising in the CBD and the strategies in place to manage compliance.

Director Development Services

Report will be curculated to Councillors in weekly email Friday 12 August.

12 August 2016

Cr Duffy requested that Essential Energy be asked to review lighting levels around taxi ranks in the City and particularly the taxi rank in Anson Street. 

Commercial and Emergency Services Manager

Essential Energy advised they do not undertake street lighting audits and Council would need to engage a contractor to do the audit. Staff will seek quote to undertake the audit and provide to Council for consideration of funding.

30 September 2016

2 Feb 2016

Cr Kidd requested information on Council’s weeds management regime as he indicated many Council properties have weed infestations.

Director Development Services

Information to be provided to Councillors

 

30 August 2016

Cr Jones requested a briefing to discuss progress on a new caravan park.

Director Corporate and Commercial Services

Options being progressed to present to briefing – includes the harness club and go kart track implications

30 October 2016

17 Nov

2015

The Mayor requested a report identifying Council’s resolved position on the requirement for footpaths to be installed in new/existing areas.

Director Technical Services

Report to be provided.

30 October 2016


16 Jun 2015

Cr Kidd requested an update on plans for landscaping the triangle section of land between the Northern Distributor Road and the Mitchell Highway

Director Technical Services

Asbestos Steering Group has provided recommended actions following a specialist consultant report that are being assessed by staff for implementation.

30 August 2016

 


Council Meeting                                                                                          16 August 2016

 

 

5.3     Statement of Investments - July 2016

TRIM REFERENCE:        2016/1835

AUTHOR:                       Brock Gannon, Financial Accounting Officer    

 

 

EXECUTIVE Summary

The purpose of this report is to provide a statement of Council’s investments held as at 31 July 2016.

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

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan

Implications in this report

Nil

Policy and Governance Implications

Nil

 

Recommendation

1        That Council receives the Statement of Investments as at 31 July 2016.

2        That Council receives and adopts the certification of the Responsible Accounting Officer.

 

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

Regulation 212(1) of the Local Government (General) Regulation 2005 requires that a written report be presented each month at an Ordinary Meeting of the Council detailing all money that Council has invested under Section 625 of the Local Government Act 1993.

As at 31 July 2016, the investments held by Council totalled $115,302,302.52 and is attributed to the following funds.

 

 

31/07/2016

30/06/2016

General Fund

47,473,933.94

44,351,435.55

Sewer Local Fund

30,500,162.54

36,597,443.36

Water Supply Local Fund

35,287,359.80

34,310.105.48

Orange CBD Special Rate

2,040,846.24

2,031,667.93

115,302,302.52

117,290,652.32

 

A reconciliation of Council’s investment portfolio provides a summary of the purposes for which Council’s investments are being held.

 

Externally Restricted

31/07/2016

30/06/2016

General Fund

22,137,728.41

20,482,048.14

Water Fund

35,287,359.80

34,310,105.48

Sewer Fund

30,500,162.54

36,597,443.36

CBD Fund

2,040,846.24

2,031,667.93

Auspiced

1,495,137.03

1,434,611.83

Internally Restricted

14,156,502.55

14,993,777.55

Unrestricted

10,684,565.95

7,440,998.03

115,302,302.52

117,290,652.32

 

 

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 July 2016 remained at 1.75%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.24% (weighted average 3.19%) which continues to exceed Council’s benchmark i.e. the cash rate of 1.75% plus 0.75% (or 75 basis points).

 

 

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 July 2016, the AusBond rate was 2.06%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.24%.

Council’s adopted Investment Policy establishes limits in relation to the maturity terms of Council’s investments as well as the credit ratings of the institutions with whom Council can invest.

The following tables provide a dissection of Council’s investment portfolio as required by Council’s Investment Policy. The Policy identifies the maximum amount that can be held in a variety of investment products or with institutions based on their respective credit ratings.

Table 1 and Table 2 show the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each respective category in accordance with limits as established by Council’s Policy.


 

Table 1: Maturity – Term Limits

Term to Maturity Allocation

Maximum

Holdings

Capacity

0 - 3 Months

100.00%

6.27%

93.73%

3 - 12 Months

100.00%

55.51%

44.49%

1 - 2 Years

70.00%

19.01%

50.99%

2 - 5 Years

50.00%

19.20%

30.80%

5+ Years

25.00%

0.00%

25.00%

 

Table 2: Credit Rating Limits

 

Maximum

Holding

Capacity

AAA

100.00%

0.00%

100.00%

AA

100.00%

26.90%

73.10%

A

60.00%

41.82%

18.18%

BBB & NR

40.00%

31.29%

8.71%

Below BBB

0.00%

0.00%

0.00%

 

It should be noted that the amounts presented in this report will be audited as part of the preparation of Councils General Purpose Financial Statements for the 2015/2016 year and may be subject to change.

Certification by Responsible Accounting Officer

I, Aaron Jones, hereby certify that all investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

 

 

  


Council Meeting                                                                                          16 August 2016

 

 

5.4     Performance Indicators - Final quarter 2015/16

TRIM REFERENCE:        2016/1712

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

This report provides the final quarter review of the 2015/19 Delivery/Operational Plan. The report illustrates the progress Council has made on the strategies and tasks identified in its strategic planning documents.

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

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings were expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Policy and Governance Implications

This report provides the consolidated progress made in implementing Council’s Delivery/Operational Plan 2015/19, as required by the Integrated Planning and Reporting obligations.

 

Recommendation

That the Performance Indicators – Final quarter 2015/16 be acknowledged.

 

further considerations

The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:

Service Delivery

The Performance Indicators highlight progress in achieving the strategies and actions set by Council’s Delivery/Operational Plan. The “traffic light” indicators show the status of progress. Those actions with green lights are completed. Amber light indicate a measure of progress without the task being fully completed. Red lights indicate that progress has not been made, or is limited. Progress may be limited for a range of reasons, and comments are provided on each task. Despite some red lights, Council has continued to provide a very high level of service to the Orange Community.

SUPPORTING INFORMATION

The performance indicators for the April to June 2016 quarter are provided. A number of tasks have an amber light, indicating some, but not all, of the performance indicators have been met during the quarter. There are also a number of red lights, which indicate the performance indicator has not been met. An explanation is provided for all red lights.

The financial reports relating to Council’s year-end budget performance will be the subject of a separate report to Council in September 2016.

As the last report for the 2015/16 year, the following are some of the highlights and achievements in the quarter noted in the attached:

 

Direction

Ref

Achievement

Our City

1.1.4

Increase in activity across Council’s social media profile, and significant increase in followers and “likes” on Council’s pages

Our City

1.1.5

Progress in the use of the Enterprise Risk Management System, particularly on major projects to assess risks to Council. A key process improvement tool.

Our City

1.2.2

All quarterly reports on performance of the Delivery/Operational Plan progress compiled within the reporting timeframes

Our City

3.2.1

Employee Wellness Program introduced. 90% of staff attended training on drugs and alcohol.

Our Community

5.1.2

New fitness/gym equipment installed in Moulder Park catering for accessibility needs. Link bridge over Ploughmans Creek creating useful cycle link in Belair.


 

Direction

Ref

Achievement

Our Community

6.2.2

Development application approved for the subdivision of the land purchased for the rectangular playing field.

Our Community

6.2.3

Replacement of netting on fence at Lake Canobolas dam wall. Lake Canobolas Mountain Bike Track open and fully operational.

Our Community

8.1.8

Gallery exhibited “Best in Show: Dogs in Australian Art” featuring 80 works with some 8000 visitors to the Gallery.

Our Community

8.1.9

40 performances at the Orange Civic Theatre with 10789 people attending

Our Community

8.2.3

Funding secured for the purchase of a sculpture for the Civic Square to mark the 30th anniversary of the Orange Regional Art Gallery. Friends of the Orange Regional Gallery are contributing $60,000, and the Orange Regional Arts Foundation contributing the remaining $20,000 for this work.

Our Community

8.3.2

Completion of the Orange Regional Museum building.

Our Community

9.1.2

Delivery of 4780 meals as part of the Meals on Wheels program.

Our Community

9.2.1

Occupancy rate of 84.2% at Council’s Child Care Centres.

Our Economy

10.1.1

Visitor Information Centre continued operations from the Orange Civic Theatre foyer.

Our Economy

11.1.2

363 businesses listed on Council’s on-line business directory

Our Economy

11.4.4

Airport expansion project finalised.

Our Environment

12.1.2

243 property inspections undertaken by weeds staff

Our Environment

13.3.1

New domestic waste and recycling contract commenced

Our Environment

13.4.3

132 development applications determined

Our Environment

14.1.3

Suma Park Dam upgrades performing well

Our Environment

15.2.20

Shiralee water main augmentation finalised

 

 

Attachments

1          Performance Indicators - Quarter 4 - 2015/19, D16/32412

 


Council Meeting                                                                                                                    16 August 2016

5.4                       Performance Indicators - Final quarter 2015/16

Attachment 1      Performance Indicators - Quarter 4 - 2015/19

                                                                                                                                                                                                                                                             http://intranet/formstemplates/Content/L.html/1244412641/OrangeCityCouncilNEWLEAFLOGO493309.jpg/_10411_D7_/OrangeCityCouncilNEWLEAFLOGO493309.jpg

Quarterly Performance Indicators

Delivery/Operational Plan 2015/19

Quarter 4 – April to June 2016

D16/32412


 

OUR CITY

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.1 – Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community

Ref

Task

Performance Indicator

Status

Progress Report

1.1.1

Maintain Delegations and Sub-Delegations Register

Review delegations to the General Manager in October annually

Sub-Delegations reviewed as required during the quarter. Sub-delegations adjusted for staff undertaking higher duties.

Update and distribute sub-delegations to staff in November annually

1.1.2

Provide information to Councillors on training and development opportunities

Information provided to Councillors on training opportunities

Training opportunities provided to Councillors during the quarter. Council receive regular weekly circulars from Local Government NSW which identify training opportunities.

1.1.3

Finalise the development of the Business Continuity Plan

BCP comprehensively tested by March 2016

The Business Continuity Plan for the Civic Centre is nearing completion and includes the relocation requirements for critical services being provided from the Civic Centre. Testing will commence on the Business Continuity Plan in the next quarter.

BCP reviewed in December annually

Business Continuity Plan (BCP) finalised

Councillors and staff trained in BCP by June annually

1.1.4

Ensure Council maintains an internet and social media presence reflective of Council activities, services and facilities

Increase social media engagement and reach by 25%

In the last quarter the number of "Likes" across Council’s Facebook pages grew from 22,920 to 25,131. This equates to 9.6% increase in the quarter. A highlight was growth in the Orange City Council page which grew it’s number of ‘Likes’ by 13.5%. The website is updated daily. For the quarter there were 225,193 visits to the Orange City Council website. The average time visiting a page was 3 minutes 48 seconds.

Maintain the Council website with weekly updates

 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.1 – Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community

Ref

Task

Performance Indicator

Status

Progress Report

1.1.5

Maintain the Enterprise Risk Management System

Quarterly review of Corporate Risk Register and report to Council via the Audit and Risk Management Committee

The Enterprise Risk Management system continues to be maintained, with a number of risk assessments reviewed during the quarter, including business interruption risks and asbestos management. The quarterly report was provided to the General Manager and Directors.

Compliance reporting quarterly to Directors


 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.2 - Information and advice provided for the decision-making process will succinct, reasoned, accurate, timely and balanced

Ref

Task

Performance Indicator

Status

Progress Report

1.2.1

Manage Council’s Records System

All incoming letters and emails to Council registered into Council's system daily and allocated to appropriate staff member

All incoming mail is registered daily and allocated to the appropriate staff member.

1.2.2

Provide financial reporting with reference to the Long Term Financial Plan and Delivery/Operational Plan requirements

Annual financial statements finalised by November

Year-end results to be submitted to Council following completion of year-end audit.

Quarterly reports presented to Council within two months of the end of each quarter

1.2.3

Establish and support Council Meetings, Policy Committees and Council's Community Committee Network

Prepare and distribute agendas and reports for Ordinary Council and Policy Committee Meetings within three business days of the meetings

Agendas, reports and minutes continued to be produced for all Council, Policy and Community Committee meetings over the quarter. Agendas were prepared and distributed within the timeframes required by the Code of Meeting Practice.

The Annual Report from the Audit and Risk Management Committee was received and acknowledged by Council during the quarter.

Review Council's Community Committee network structure in September annually

Establish the annual Committee Meetings Schedule in September annually

Undertake a strategic planning session with all Community Committees in September-October annually

Review Charters of Community Committees in October annually

Annual Report from the Audit and Risk Management Committee by April

Report of complaints under Council's Code of Conduct to Council by December annually

1.2.4

Manage Council's data network

Virtualisation server and storage hardware refresh replacement completed by June 2017

Main Enterprise Suite upgrade completed. New computers and software rolled out as part of the planned upgrades. The Network Security hardware review was undertaken in May 2016, and cloud computing review being undertaken for Aquatic Centre with aim to reduce ongoing operational costs.

Name and address register rebuilt by June 2016

Review network security hardware by June 2016

Review cloud computing security and operational issues by June 2017

1.2.5

Implement Information Technology Strategy initiatives

New telephone system implemented by December 2015

The new telephone system has been successfully implemented.

1.2.6

Achieve maximum return on investment of Council's funds whilst adhering to all applicable legislative requirements and Council's Policy

Monthly reports to Council on the performance of the investment portfolio

Monthly reports presented to Council in accordance with legislative requirements and Council policy. Council's portfolio performance continues to exceed the performance benchmark established by Council's Long Term Financial Plan.


 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1. 3 - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions.

Ref

Task

Performance Indicator

Status

Progress Report

1.3.1

Provide a framework for development in the City through the Orange Local Environmental Plan (OLEP) 2011, plans of management and the Development Control Plan (DCP)

Develop and have adopted Development Control Plan (DCP) 2012 by the end of 2015

No progress in the last quarter.

1.3.2

Review and report on the five key areas of our environment (water, air, biodiversity, soil, salinity) through preparation of the State of Environment Report (SOE)

Publish the annual SOE by November

All monitoring data and information has been provided for preparation of the Regional State of the Environment Report.

1.3.3

Support Local Emergency Management Committee (LEMC)

Finalise Council's input into local emergency planning in conjunction with key agencies

The EMPLAN and Consequence Management Guides for the Orange Cabonne LEMC have been endorsed by the Regional Emergency Management Committee

1.3.4

Support the Rural Fire Service

Provide ongoing support and advice to quarterly Bush Fire Management Committee Meetings and Bush Fire Liaison Meetings.

Staff attended the Bush Fire Management and Bush Fire Liaison Committee meetings. The North West Brigade Station extensions have been completed and the Springside Station is nearing completion


 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1. 3 - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions.

Ref

Task

Performance Indicator

Status

Progress Report

1.3.5

Develop and implement the suite of Integrated Planning and Reporting documents

Comprehensive review of the Community Strategic Plan by February 2017

Integrated Planning and Reporting documents adopted for the 2016/17 and beyond period after being publicly exhibited.

Annual minor review of the Community Strategic Plan by February annually

Finalisation of the Delivery/Operational Plan by June annually

Review of the Resourcing Strategy by December annually to provide the Long Term Financial Plan, Assets Strategy and Workforce Management Plan

Preparation of the Annual Report by October annually

Undertake quarterly reviews of the Delivery/Operational Plan and report to Council

1.3.6

Finalise Section 94 Contributions Plan

Plan completed and adopted by Council

Plan finalised during the year.


 

 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.4 – Ensure a framework that Council’s policies, procedures and programs relate to the vision and directions of the Community Strategic Plan, including a disability action plan.

Ref

Task

Performance Indicator

Status

Progress Report

1.4.1

Maintain a framework of relevant policies and procedures

Facilitate the review of Strategic Policies annually, with Code of Conduct reviewed in March annually, Code of Meeting Practice by April annually, and Councillors Payment of Expenses and Provision of Facilities Policy reviewed in September annually

The introduction of the Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 required a review of Council's Code of Conduct which was adopted during the quarter. Four Operational Policies were updated and approved by the General Manager during the quarter.

Facilitate the review of Operational Policies annually

1.4.2

Ensure Councillors are aware of key Policy requirements

Organise training for Councillors in Code of Conduct and Code of Meeting Practice related issued annually in April (except in Election years, then October)

Strategic Policies are reported to Council for updating as required. As Council is in a merger proposal period, training in the Code of Conduct and Code of Meeting Practice has been deferred pending the outcome of that process. An information session was held by the Manager of Governance at the Office of Local Government, with Councillors during the quarter.

1.4.3

Maintain and implement the Disability Action Plan

Facilitate the implementation of tasks within the Disability Action Plan

Letters have been sent to relevant services requesting their consideration of participation in the consultation to be held later in 2016 and seeking their support in making contact with members of the community with disability.

Review the four year Disability Action Plan

 


 

Objective 2 - Provide multiple opportunities for the community to engage in planning, policy and advocacy for the development and direction of the City of Orange

Strategy 2.1 - Provide a flexible and adaptable community engagement process for gathering and disseminating information, ideas and responses. Engage with the community through a variety of formats including traditional media, emerging technologies, Committees and forums.

Ref

Task

Performance Indicator

Status

Progress Report

2.1.1

Promote Council's activities through media releases, media briefings and host community information sessions when appropriate

Host community information sessions on key projects and activities as appropriate

There were 18 media releases issued during the quarter. Council continued to enhance the Orange Your Say consultation portal though the addition of a new engagement site designed to enhance the community understanding of Council’s road building strategies.

Issue bulletins through the Council E-news service monthly

Issue media releases at a minimum of one weekly

Maintain Council's social media presence and provide information on a weekly basis via social media

Provide at least one media briefing per week


 

Objective 2 - Provide multiple opportunities for the community to engage in planning, policy and advocacy for the development and direction of the City of Orange

Strategy 2.2 - Provide Council Customer Service that is easy to access and use, interactive and responsive

Ref

Task

Performance Indicator

Status

Progress Report

2.2.1

Provide a highly responsive customer service function

Undertake monthly training of Customer Service Team on key issues

The Customer Service Team continue to provide a high level of service, and meet regularly to receive training on key issues within Council. The after-hours call answering service continues to be provided. Any issue reported via Council's website is processed by the Customer Service Team and assigned to a staff member to action.

All issues reported via Council's website or by phone/email to Council allocated to relevant staff member for attention within two business days

Continue to provide after-hours call answering service

Investigate options for customer self-help options through new phone system

Remind all staff of their obligations under Council's Customer Service Obligation Policy by June annually

 

Objective 2 - Provide multiple opportunities for the community to engage in planning, policy and advocacy for the development and direction of the City of Orange

Strategy 2.3 - Facilitate community input into local and regional strategic lobbying and advocacy initiatives for the needs and aspirations of the people of the City of Orange to external stakeholders.

Ref

Task

Performance Indicator

Status

Progress Report

2.3.1

Maintain membership of key lobby groups to advance regional priorities

Build on relationships with key lobby groups including but not limited to CENTROC, NetWaste, Regional Development Australia, Central NSW Tourism, Regional Cities, Central West Libraries, Bathurst Orange and Dubbo Alliance, Association of Mining Related Councils

Council maintained relationships with key lobby groups in the region during the quarter.

 

Objective 3 - Provide appropriate frameworks that promote the identification, growth and development of current and future leaders, recognising the special needs of older residents and people from culturally diverse/non-English speaking backgrounds

Strategy 3.1 - Provide opportunities for potential candidates who wish  to stand for Local Government elections to become  familiar with Council processes, activities and services

Ref

Task

Performance Indicator

Status

Progress Report

3.1.1

Ensure all requirements for the conduct of the election are undertaken within required timeframes

Ensure all advertising is conducted in accordance with timeframes set by the NSW Electoral Commissioner

Council has been advised that the date for the next election for those councils the subject of a merger proposal will be March 2017. Council has entered into a contract with the NSW Electoral Commissioner for the conduct of this Election, and all assistance will be provided.

Assist the NSW Electoral Commissioner in conducting the 2016 Local Government Election and the popular election of Mayor

 


 

Objective 3 - Provide appropriate frameworks that promote the identification, growth and development of current and future leaders, recognising the special needs of older residents and people from culturally diverse/non-English speaking backgrounds

Strategy 3.2 - Provide a framework for staff to exercise the opportunity to build on and develop their leadership potential, as well as recognising the value of older workers

Ref

Task

Performance Indicator

Status

Progress Report

3.2.1

Implement the Workforce Management Plan

Implement succession planning for identified critical positions

Succession Planning - Discussions held with potential successors and a development plan created. Strategies implemented on a number of the positions including application of relief duties and training plans.
Employee Survey –completed in the quarter. Outcomes used to inform the  2016/17 Workforce Plan and Learning and Development Plan.
Employee Wellness - 80 staff participate in the inaugural wellness challenge held over 6 weeks and 90% off staff have participated in a drug and alcohol awareness workshop prior to implementation of new policy.
Safety Audits - All safety inspection were completed for the quarter. Council was notified in May 2016 that it continued to meet all the requirements for accreditation from the Office of the Federal Safety Commissioner.

Implement the Recognition and Reward Policy by October 2015

Undertake a review of the induction program by December 2015

Review and implement the Training Policy by December 2015

Undertake employee satisfaction survey by January 2016

Complete the action plan outlined in the Equal Employment Opportunity Plan by June 2016

Rollout of Employee Wellness Program by June 2016

Ensure all areas of Council receive a safety audit and/or inspection on at least an annual basis

 


 

Objective 3 - Provide appropriate frameworks that promote the identification, growth and development of current and future leaders, recognising the special needs of older residents and people from culturally diverse/non-English speaking backgrounds

Strategy 3.3 - Recognise that members of the community will take different leadership pathways, the Council will support this growth and development through appropriate activities, initiatives and assistance

Ref

Task

Performance Indicator

Status

Progress Report

3.3.1

Apply Council's adopted Donations and Grants Policy to support the community

Report requests for support to Council quarterly

Donation requests presented to Council on a quarterly basis, or more frequently as required. Organisations receiving support during the quarter included Push for Palliative Care and NSW Policy Rugby. A total of $3,461.50 was provided in financial assistance (including Sports Participants Assistance) for the quarter.

 

Objective 4 - Build on the capacity of the City as a leader by participating in local, regional, national and global organisations, networks and initiatives

Strategy 4.1 - Continue to deliver a leadership role as a major entity in the region and actively contribute to the future direction of local, regional and national initiatives to support and facilitate improved outcomes for the community

Ref

Task

Performance Indicator

Status

Progress Report

4.1.1

Engage with State and Federal Governments on funding and policy matters

Demonstrated advocacy on emerging strategic matters important to the City and region

Council met with and provided projects for consideration to federal candidates for seat of Calare during the quarter. Meetings were also held with NSW shadow minister for Local Government, staff from NSW Industry regarding the extension of the co-funded Grow Local campaign until December 2016. Worked with Centroc on reviewing costs and coverage in insurance, renewing membership of the regional procurement of fuel and Centroc Board meeting held on 12 May (reported to Council on 21 June).

 

 

Objective 4 - Build on the capacity of the City as a leader by participating in local, regional, national and global organisations, networks and initiatives

Strategy 4.2 - Actively contribute to the future direction of international strategic initiatives to build capacity and cross-cultural understanding

Ref

Task

Performance Indicator

Status

Progress Report

4.2.1

Maintain Sister Cities relationships with Timaru, New Zealand; Ushiku, Japan; Orange, California; Mt Hagen, Papua New Guinea

Support opportunities for cultural exchange

Sister City activities continued through the period. Further progress was made on the plan for two Mt Hagen residents to undertake traineeships with Jeff Hort Engineering.

Finalise employment skills exchange program with Mt Hagen

 


 

OUR COMMUNITY

Objective 5 - Provide a broad range of equitable and affordable opportunities for the community to enjoy a healthy and active lifestyle

Strategy 5.1 - Identify changing community aspirations and undertake community engagement and planning for the creation of open spaces, recreational facilities and services, recognising the special needs of older people and those with disabilities

Ref

Task

Performance Indicator

Status

Progress Report

5.1.1

Engage with the community in the planning and development of public open space

Through the Parks, Trees and Waterways Community Committee and other community workshops engage on four occasions per year in the development of public open space

Review of the Bicycle Plan and development of an Active Travel Plan in consultation with the community has been undertaken with Part A of the Plan adopted by Council.

Cook Park Master Plan reviewed by December 2015

Botanic Gardens Master Plan reviewed by February 2016

Bicycle Plan reviewed by May 2016

5.1.2

Increase and improve public open space accessibility and facilities for a broad range of members of the community

Sir Jack Brabham Park Sports Centre - Stage 1 completed by March 2016

During the quarter a new swing set and carer facilities were installed in parkland on Stirling Avenue, Ploughmans Valley and new fitness/gym equipment installed in Moulder Park, adjacent to the velodrome, with funding support from NSW Office of Sport, catering for accessibility needs. Improved accessibility for residents in the Belair area to the Ploughmans Creek open space shared pathway was obtained with the linking of a bridge over Ploughmans Creek to Redgum Avenue.

Redesign and renewal of the Orange Botanic Garden's Billabong boardwalk by March 2016

5.1.3

Increase utilisation and functionality of the Orange Showground

Develop and implement a plan for the improvement and increased utilisation of the Orange Showground

Council has approved the construction of an 80m x 33m facility. A contract for its construction has been executed and the frame has been completed. An approval for the modification has been obtained and construction is expected to commence in the next quarter.

Objective 5 - Provide a broad range of equitable and affordable opportunities for the community to enjoy a healthy and active lifestyle

Strategy 5. 2 -  Maintain and renew recreational spaces and infrastructure assets as specified within the Asset Management Plan at agreed levels of service to optimise community use

Ref

Task

Performance Indicator

Status

Progress Report

5.2.1

Implement maintenance programs/activities to ensure parks infrastructure (seats, signs, fences, pathways and playgrounds) are maintained to service levels as outlined in the Public Open Space Asset Management Plan

Re-oil seats in Cook Park and the Orange Botanic Gardens annually

Visual playground safety inspections and repairs have been undertaken across playground equipment in public open spaces on a monthly basis. Renovation work to Max Stewart Oval was undertaken in late summer, this work included localised top dressing to even the playing surface, installation of nudge rail fence to the perimeter of the complex to restrict unauthorised vehicle access and over sowing of the fields.

Engage Playground consultant to undertake safety audit for compliance with Australian Standards

Undertake and record visual playground inspection for each playground on a monthly basis

Re-oil the Orange Adventure Playground by June on a bi-annual basis

Riawena Oval wicket construction by June 2016

Robertson Park lighting upgrade by June 2016

5.2.2

Implement the renewal and expansion of recreational assets

Renewal of Wade Park floodlighting by June 2016

The appointment of a consultant to design lighting requirements for Wade Park has been undertaken following extensive research to determine the engineering properties of the existing light towers. Utilising the existing light towers provides a significant cost saving in the reinstatement of quality lighting to the playing field.
Renovation works to Max Stewart Oval were completed during the summer/winter sports season changeover.

Orange Botanic Gardens - implement Hydrology Study - Roselawn Drive stormwater detention basin upgrade by March 2016

Construction of Koori Walk at Orange Botanic Gardens by June 2016

Gosling Creek Reserve - Dam Wall Boardwalk design and engineering properties by June 2016

Upgrade play facility (as identified in Play Strategy) (year 2)

Max Stewart Oval renovation by June 2016

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

 

Strategy 6.1 -  Identify changing community aspirations and undertake community engagement and planning for the development and support of sporting and recreational services

 

Ref

Task

Performance Indicator

Status

Progress Report

 

6.1.1

Conduct and implement an annual planning process based on the Council on the Ageing Plan for Orange to assess the needs of our ageing community

Annual planning session conducted and implementation of the Action Plan

Annual planning process complete and the actions have been embedded in the Action Plan reviewed quarterly by the Ageing and Access Community Committee.

 

Quarterly meetings of the Ageing and Access Community Committee to review the Action Plan

 

 

 


 

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

Strategy 6. 2 - Seek innovative and creative solutions in partnership with key stakeholders that convert the demonstrated community need for sporting and recreational services/facilities to infrastructure and activities.

Ref

Task

Performance Indicator

Status

Progress Report

6.2.1

Work with existing and emergent groups to enhance and develop sporting and recreational infrastructure and activities

Submit a joint application with Cricket NSW for NSW Sport and Recreation funding

Council's Sports Facilities partnership grants were awarded to Orange BMX Club, Orange Hockey Incorporated and Orange District Football Association (subject to further discussions).

Implement Council's Sports Facility Partnership Program (minor grants) and Sports Participation Program

Development of Cricket Centre of Excellence - Wade Park

6.2.2

Development of rectangular playing field

Development of concept plan and preliminary costing

Development application to subdivide the parcel submitted and approved by Council during the quarter.

6.2.3

Develop the Canobolas Precinct

Implement the Lake Canobolas capital program:
- BBQs for new shelters by June 2016
- Wetlands observation deck by June 2017
- Enhance dugouts in years 3 and 4

During the quarter the netting on the fence across the dam wall was replaced and the fence posts upgraded where necessary whilst the entry and exit ramps to the Pumphouse and the internal fence were modified to comply with WHS standards. A concrete boat ramp was installed by the Orange Dragon Boat Club on the western foreshore of the lake to improve accessibility and public safety concerns. The Lake Canobolas Mountain Bike Track is fully operational and opened on a daily basis. The Orange North Rotary Club have removed the old dilapidated boardwalk and installed a new timber one along the internal walking track in the north eastern end of the Lake Canobolas Reserve.

Develop the Mount Canobolas precinct for mountain bike activities

6.2.4

Develop the cycleway/human powered vehicle project at Gosling Creek

Track construction

Project did not proceed as external proponent was not able to co-fund the construction costs.

 

 

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

Strategy 6.3 - Ensure the sporting and recreational facilities, programs, activities and health programs provided by Council are effectively and efficiently managed, affordable and support healthy lifestyle choices.

Ref

Task

Performance Indicator

Status

Progress Report

6.3.1

Support and work with sporting organisations to secure events for the Orange region

Support at least three major events annually

During the quarter Orange secured and hosted the Basketball NSW Western Junior League Finals, NSW Masters Road Cycling Championships and the NSW U/14 Rugby State Championships.

6.3.2

Operate the Orange Aquatic Centre

Ensure the Centre complies with Royal Life Saving Society and NSW Health guidelines through satisfactory results in all audits

Water testing has been completed in accordance with NSW Health guidelines. The walkway between the amenities and the café has been completed.

Learn to Swim classes maintained its 100% occupancy rate during the quarter.

Maintain 90% occupancy rate for all learn to swim classes

Upgrade Aquatic Centre changerooms

Walkway between amenities and Cafe

Repair wet deck, diving pool


 

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

Strategy 6. 4 - Encourage partnerships with community groups, government agencies and the business sector for the achievement of improved healthy lifestyle choices for the community

Ref

Task

Performance Indicator

Status

Progress Report

6.4.1

Provide recreational activities for older people, people with a disability and younger people to support healthy and active living

Provide recreational activities including after school and school holiday activities for identified young people

Merge Holiday Activity Program was held in April involving 55 young people. The Designing Futures program continues to conduct before and after school activities for young Aboriginal women. Youth Week was held in April with a successful program of activities.  50 older people and 200 students from local schools joined with local service providers to participate in a Memory Walk in May. The 2016 Seniors Festival was conducted with a range of activities including a Craft Expo, pop up piano and the availability of the opportunity to comment on the As I Age board.

Compliance with the Commonwealth Home Care Standards, NSW Disability Service Standards, NSW Disability Inclusion Act 2014 and the Children & Young Persons (Care and Protection) Act 1998

Provide a range of recreational activities as part of Seniors Week and International Day of People with a Disability annually

6.4.2

Support and work with community organisations and agencies to develop and operate program which have a positive impact on community health

Provide support and encouragement for community activities that raise awareness and promote healthy lifestyles eg Relay for Life, Eight Day Games

Council in partnership with a number of Government agencies and community groups coordinated a range of fun and free activities for Youth Week 2016. Activities included a Skate School, Basketball Come and Try Day, Arts Workshop, Parkour Workshop, Movie Night and Disco.

6.4.3

Engage the community in the Parks Alive program and environmental activities

Deliver four school programs, four educational programs and four community events per annum

Five community engagement events were held with Canobolas Rural Technology High School, (65 students) visiting the Gosling Creek precinct to undertake various environmental observations and activities. Events were also held at Clifton Grove, (three events with 20 volunteers), focusing on woody weed control, simple erosion mitigation and tree planting and one event in Nelson Park, (six volunteers) focusing tree planting and mulching.


 

Objective 7 - Encourage resident and Government involvement to ensure a supportive and safe City

Strategy 7.1 - Feel safe in our homes and wider community by undertaking community engagement to keep plans and policies current for crime prevention, emergency service response, community safety and amenity, and promoting healthy and accessible links for older people and youth.

Ref

Task

Performance Indicator

Status

Progress Report

7.1.1

Engage the community in addressing crime

Participate in Crime Prevention Partnership (CPP)

Maintained membership of the Orange Liquor Accord. Participated in the monthly Crime Prevention Partnership meetings which are reviewing the CPP Action Plan. Maintained participation in the Community Drug Action Team and continue to provide secretariat role with the chair and treasury roles being taken up by the Lyndon Community. Submitted for funding to support the promotion of Operation Never Again.

Participate in the Orange Liquor Accord

Promote the Operation Never Again program

7.1.2

Evaluate the implementation of the Children (Protection and Parental Responsibility) Act 1997 using collected data and community perception surveys

Compile and submit six monthly reports to the Attorney General on the implementation of the Act

Request submitted to the Local Area Command for data on the implementation of the Children (Protection and Parental Responsibility) Act 1997.


 

Objective 7 - Encourage resident and Government involvement to ensure a supportive and safe City

Strategy 7.2 - Seek innovative and creative solutions in partnership with key stakeholders that respond to the community’s need for a safe and secure City including infrastructure and activities, recognising the needs of older people and those of younger people

Ref

Task

Performance Indicator

Status

Progress Report

7.2.1

Conduct the Orange and Cabonne Road Safety Program

Deliver the Road Safety Officer Action Plan

Participated in two PCYC Traffic Offenders Intervention Programs, a Helping Learner Drivers Become Safer Drivers Workshop and "Consequences" - a Mock Crash. Participated in "a metre matters safe cycling" and "wet weather slow down social media campaigns and Free Cuppa for the Driver Campaign. The Orange and Cabonne Road Safety Facebook page continued to be managed.

7.2.2

Manage companion animals within the City

Review Companion Animals Management Plan annually

Ranger services have been provided. The Companion Animals Community Committee met regularly to discuss strategic companion animal issues.

Deliver Ranger Services in accordance with identified levels of service

7.2.3

Manage abandoned articles within the City

Report abandoned shopping trolleys to stores

Impounding services have been provided. Most resources continue to be required with abandoned shopping trollies. Staff are regularly in contact with supermarkets and trolley contractors regarding the collection of abandoned trollies.


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services, that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.1

Implement the Central West Libraries Strategic Plan

Actions implemented in accordance with the Strategic Plan

 

Plan activated. Planning undertaken for refurbishment of Orange Library.

8.1.2

Implement the Strategic Plan for the Orange Civic Theatre and Orange Function Centre

Actions implemented in accordance with the Strategic Plan

Actions implemented have included the completion of an asset review benchmarked against national theatre standards, development and implementation of the 2016 Theatre program and continued support for local and regional users of the Orange Civic Theatre and Orange Function Centre facilities.

Complete Function Centre improvements

Upgrade Theatre lighting to LED

8.1.3

Engage the community in the development of the Gallery's programs

Meet quarterly with the advisory group to assess exhibition proposals

The Exhibitions Advisory Group will meet in the next quarter. The Gallery continues to seek out proposals as well as develop some in-house. Input was sought from community and cultural groups during this period including the Ionian Club and Arts Out West.

Seek input from teachers in the development of the educational program on a quarterly basis

Provide opportunities for individuals and community groups to propose exhibitions and associated programs, through application on Gallery's website with applications assessed quarterly


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services, that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.4

Improve the visitor experience through increased functionality of galleries and associated public spaces

Replace carpets/tiles with more durable and versatile surface

Work continued on improving Gallery spaces. Repairs to flooring in the Alan Sisley Gallery and Gallery 2, and the replacement of the flooring in Gallery 3 were negotiated during the quarter.

Install windows in West Room

Replace blinds

Replace reception counter and surrounds

Complete minor modifications to walls and storage areas in the West Room

Upgrade furniture

Install data projector and associated equipment


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services, that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.5

Profile the Gallery and engage the community in its programs through media coverage, advertising and promotional elements

Ensure exhibitions and programs are promoted through print and other media, advertising is placed and promotional elements such as brochures and signage are produced

This quarter saw the Gallery's promotion through social media increase significantly. Short film clips promoted the major exhibition 'Best in Show: Dogs in Australian Art' and these received thousands of views. Coverage in local media across all forms continues to be excellent with coverage in a number of television news segments a highlight.

8.1.6

Reduce the carbon footprint of the Gallery

Investigate and pursue opportunities for the implementation of solar power, and energy efficient devices such as movement sensors for gallery lighting

Further research has been undertaken regarding movement activated lighting, including an investigation of the system used at the National Gallery of Australia for some of their smaller spaces.

8.1.7

Manage the Gallery collection to museum industry standards

Complete the migration of database records to the new Content Management System (Vernon)

The migration of database records to the new Content Management System has progressed. Basic data for records of all significant works is now in the system and additional information and images continues to be added. These records are being maintained to reflect acquisitions and disposals. Expressions of Interest were received from six architects to develop concept plans and a project brief for new storage. Still Space Architecture were selected and this firm will involve the architect of the Gallery, Colin Still, in the development of these plans.

Maintain up to date records to reflect acquisitions and disposals, and new information located about the works held in the collection

Identify and pursue opportunities for improvements to collection storage facilities


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services, that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.8

Deliver the Orange Regional Gallery Exhibition, Education and Public Programs

Plan and implement an engaging program of exhibitions across a diverse range of art forms to attract a broad range of visitors in accordance with the exhibition timetables and budgets

This quarter saw the realisation of the highly anticipated exhibition 'Best in Show: Dogs in Australian Art' which provided a survey of dog-themed works from colonial to contemporary. Eighty works featured in the exhibition, borrowed from regional, state and national institutions as well as private collections. The exhibition included works by the region's most established artists, created in response to works from the collection. Entitled 'Call + Response' this exhibition was a celebration of the Gallery's 30th anniversary. This period saw around 8000 visitors experience exhibitions. A series of 'Pet Pawtraits' workshops for primary school students were held and these attracted approximately 650 students. Public programs included seven talks, two adult workshops, two art tours and six children's holiday workshops. The Alan Sisley Memorial Oration took place in May, with guest speaker Jane Rutter.

Plan and implement a program of structured educational activities for select exhibitions throughout the year for primary and secondary students in accordance with the educational plan timeframes and budget

8.1.9

Delivery Annual Performing Arts Program

Develop a subscription season with at least 15 productions by December annually

During the quarter the Theatre has hosted 40 performances which saw 10789 people in attendance. 13 of these performances were part of the annual subscription season and 5 were sold out.

Ensure at least three dedicated children's productions are programmed by December annually

Assist local schools and the Orange Eisteddfod Society to present well managed programs annually

Through the "Road Works" and "Blak Lines" consortium, present two works which provide audience engagement opportunities

8.1.10

Develop the cultural and community facilities within the Civic Precinct

Concept planning prepared for the precinct by June 2016

Planning for the Museum Open Day conducted. The fitout of the Visitor Information Centre complex continued.


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services, that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.11

Proceed with creation of community and cultural services hub in the Civic Precinct

Project Plan for approved project implemented according to budget and timeframes

The Museum nearing completion.

8.1.12

Development of the Planetarium

Project Plan for approved project implemented according to budget and timeframes

Council has resolved to pursue the development of a joint planetarium/conservatorium of music to be located within the civic square. Planning commenced for this project.


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.2 - Seek innovative and creative solutions in partnerships with key stakeholders that convert the demonstrated community need for cultural services/facilities to infrastructure and activities.

Ref

Task

Performance Indicator

Status

Progress Report

8.2.1

Deliver the Orange Library Service

Develop the Library Service in accordance with the Central West Libraries Strategic Plan and Central West Libraries Joint Agreement

Library service to the Orange community continued to be delivered within agreed Central West Libraries Service Level Agreement. Range and diversity of e resources available through the Library's web presence increased and training in the use of these offered. Calendar of events for Central West Libraries developed and used as basis of promotions and programming. Family History support offered by volunteers every Friday; Orange named as host for the 2017 NSW and ACT Association of Family History Associations annual conference (September 2017 and planning for this event commenced.
Storytime (4 sessions), 10 Minutes a Day (1 session), Baby Booktime (1 session) and Music for Little Ears (2 sessions) offered weekly during school term. Work on refurbishment in place.

Deliver on-line programs that support the Library's electronic resources

Develop a calendar of events and activities by January annually

Provide heritage collections and services (Local Studies, Family History)

Provide early childhood literacy programs that meet National Public Library Standards and Guidelines

Refurbish the Library to "People Places" guidelines including replacement of air conditioning

8.2.2

Make the Library's heritage collections available on-line

Migrate the Library's historic photographic collection onto Spydus Library Management System

Indexing of birth, death and marriage notices and related entries in local newspapers totals in excess of 110,000. This is being undertaken by volunteers from the Orange Family History Group.
The Library's collection of historical photographs made available on the Spydus Library Management System.


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.2 - Seek innovative and creative solutions in partnerships with key stakeholders that convert the demonstrated community need for cultural services/facilities to infrastructure and activities.

Ref

Task

Performance Indicator

Status

Progress Report

8.2.3

Link visual arts with other organisations via partnerships and other innovative shared events

Identify and pursue additional funding from a variety of sources

The Gallery worked closely with Friends of Orange Regional Gallery (FORG) to stage three events in this quarter, including the Alan Sisley Memorial Oration held at the Orange Regional Conservatorium in May. Funding has been secured for the purchase of a sculpture for Civic Square. This major granite work will mark the 30th anniversary of Orange Regional Gallery and is by local sculptor Senden Blackwood. FORG have committed $60,000 to purchase this work, with the Orange Regional Arts Foundation committing the remaining $20,000.

Collaborate with other organisations to produce events and exhibitions with a target of two per annum

Participate in regional festivals with a minimum of two per annum

Conduct programs associated with Arts and Health with a minimum of two per annum

 


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.3 - Ensure the precincts, buildings, programs and activities provided by the Council’s Cultural Services are professionally managed

Ref

Task

Performance Indicator

Status

Progress Report

8.3.1

Provide for the management and operation of Central West Libraries on behalf of the Member Councils

Requirements of the Library Act 1939 and the Central West Libraries Joint Agreement are met

All requirements complied with.

8.3.2

Develop a Regional Museum Program for Orange

Construct the Orange Regional Museum

The construction of the Orange Regional Museum was completed in April 2016.  An open day will be held on 10 July inviting the community to inspect the building in its raw form prior to the internal fit out taking place.  The Sustainable Collection Program has been supported by Arts NSW, Cabonne, Blayney and Orange Councils.

Ensure the governance structure of the Orange Regional Museum is designed in accordance with museum national standards

Ensure the Orange Regional Museum exhibitions interpret the stories, cultures and places of the region

Deliver the Museum Service in accordance with the budget/approved components of the Orange Regional Museum Development Plan 2014 including Wentworth Mine and Emmaville Cottage

Continue to implement the Sustainable Collections Project in partnership with regional museums, cultural groups and participating councils


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.4 - Acknowledge our diverse cultural heritage by encouraging and implementing programs and events that tell the stories of the urban, village and rural communities and their people

Ref

Task

Performance Indicator

Status

Progress Report

8.4.1

Deliver a program to commemorate the Centenary of World War I 2014-2018

Facilitate bi-monthly Working Party meetings

Research on service personnel from Orange and District continued and added to blog and wiki.

Add to Centenary of World War I in Orange blog and Wiki

Support the Coo-ee re-enactment march in October 2015

8.4.2

Support heritage conservation in the City

Implement the 2014/17 Heritage Strategy (as approved and budgeted) including running the annual Small Grants Heritage Fund and presenting a range of educational and promotional programs

Implementation of initiatives continued during the quarter.

8.4.3

Support the Villages of Orange including Spring Hill, Lucknow and Clifton Grove

Continue to implement each Village action plan in accordance with the allocated budget

Village actions plans were implemented with members providing input into future strategic planning.


 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.1 - Undertake community engagement, identify changing community aspirations, undertake planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with  a disability.

Ref

Task

Performance Indicator

Status

Progress Report

9.1.1

Evaluate existing, plan new and determine funding and operational needs for programs for young people

Implement programs as identified by the Youth Services Interagency planning process by June 2016

The Youth Advisory Council has planned a range of activities and events to be facilitated over the next six months to meet the needs of a diverse representation of local young people. An application has been submitted to the State Government for funding to support the availability of training for members of the Youth Advisory Council.

9.1.2

Implementation of "consumer directed service delivery" in the home and community services area

Deliver high quality services in compliance with the Commonwealth Home Care Standards, NSW Disability Service Standards, and the NSW Disability Inclusion Act 2014

Council's Food Services and Neighbour Aid program provided the following services during the quarter:

• Meals – 4,780
• Social Support – 3,342 hours
• Transport – 1,100 trips
• Minor Home Maintenance (Garden) - 66 hours
These services were provided within budget and in line with relevant standards.


 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.1 - Undertake community engagement, identify changing community aspirations, undertake planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with  a disability.

Ref

Task

Performance Indicator

Status

Progress Report

9.1.3

Provide support to Home and Community Care Services in the Central West

Implement transition to new funding arrangements through training and strategic planning

Central West HACC Development Officer attended 12 site visits in the quarter, 14 meetings, including Central West Community Care Forum, Sector Support and Development Network, Food Forum, Community Care Forum, NDS Regional Forum, Lithgow Interagency, RAS (Regional Assessment Service), Verto
Training conducted: 11 workshops with external facilitators, 1 on the Commonwealth Home Support Program Manual and onsite training as required during site visits.

Implementation of HACC Development Officer Plan, including promotion of HACC services and maintaining regional directory of services

Attend quarterly meetings of interagencies


 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.1 - Undertake community engagement, identify changing community aspirations, undertake planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with  a disability.

Ref

Task

Performance Indicator

Status

Progress Report

9.1.4

Engage with the local culturally and linguistically diverse community to identify needs and opportunities

Implement programs including Migrant Settlement Strategy, Harmony Day and Social Inclusion in accordance with funding provided by the Department of Social Services and other relevant funding bodies

Conducted a legal information session with the Department of Justice, Women's Arts and Sewing Circle. Orange Multicultural Network hosted a Department of Justice workshop for service providers. The Regional Multicultural Interagency and the Multicultural NSW Regional Advisory Council met in Orange. Refugee Week was celebrated with a Sudanese speaker at 3 activities, a photo exhibition launch at Orange City Library, a presentation in Bathurst and at the Refugee Challenge Dinner in Orange. These functions were made possible through the work of the Orange Social Justice Group, the Bathurst Refugee Group and Orange Uniting Church with support from Council staff.

9.1.5

In line with Council's Statement of Commitment to the Aboriginal Community, work with the Community Working Party to achieve the outcomes of the Orange Aboriginal Social Development Plan

Support the implementation of the Orange Aboriginal Social Development Plan in line with agreed timeframes

The Aboriginal Engagement Officer position is working with the Aboriginal Community to support the implementation of the Aboriginal Social Development Plan.
Council has supported the development of the Orange United Sports Club which assists Aboriginal families to overcome barriers to accessing mainstream sporting activities. Facilitated an Elders Morning Tea to talk about available services and to gather information about needs.
Facilitated a National Sorry Day Event of reflection and acknowledgement. Facilitated the Elders Olympics during the Seniors Festival. Successful recruitment of an Aboriginal Community Development Trainee and several casuals.

Liaise with the Community Working Party to determine culturally appropriate responses to issues relating to the local Aboriginal community

 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.2 - Ensure the precincts, buildings, programs and activities provided by Council’s children’s services are professionally managed

Ref

Task

Performance Indicator

Status

Progress Report

9.2.1

Deliver quality children's services

Utilisation rates of Council's Children's Services maintained at an average of 80% across all services

All services operated in accordance with National Quality Standards. Utilisation rates for the quarter were:
Spring Street Children's Centre 75.74%
Courallie Park Childcare Centre 97.5%
Yarrawong Children's Centre 79.55%

Average 84.26

Services comply with National Standards and achieve successful assessment in accordance with the National Quality Framework

 

 

 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.3 - Ensure the precincts, buildings, programs and activities provided by the Council’s ageing and disability services are professionally managed, integrated and meet demonstrated needs.

Ref

Task

Performance Indicator

Status

Progress Report

9.3.1

Utilise available government funding to support the delivery of accessible and affordable services for older people and people with a disability

Funding options identified and grant applications submitted

Council's community facilities providing accommodation for services for older people and people with disability are being utilised to capacity for a range of services, programs, community activities and events.

Relevant reporting requirements met

9.3.2

Provide supported accommodation services to adults with an intellectual disability

Compliance with Ageing, Disability and Home Care funding agreement

Supported accommodation was provided to 10 adults with an intellectual disability. Supports are provided in-line with Disability Services Inclusion Act 2014, NSW Disability Service Standards and Person Centred Planning objectives. The Department of Ageing Disability and Home Care has been consulting with the service in relation to filling the vacancies. The service has participated in Third Party Verification  to assess service provision against the NSW Disability Services Standards. Relevant reporting submitted in line with requirements and timeframes.

Compliance with NSW Disability Service Standards, NSW Services Act 1993 and the Children and Young Persons (Care and Protection) Act 1998

Number of residents supported

 


 

OUR ECONOMY

Objective 10 - Build on the economy, lifestyle and character of Orange to position the City as a destination of choice

Strategy 10.1 - Capitalise on the character and lifestyle of Orange to enhance tourism

Ref

Task

Performance Indicator

Status

Progress Report

10.1.1

Deliver Visitor Information Services

Maintain services in temporary facility

The Visitor Information Centre has continued to operate 7 days a week from the Orange Civic Theatre Foyer. Planning for the relocation to the new VIC is progressing. The BookEasy system is working well with two new accommodation providers added and 10 new product listings added for the Region. Social media engagement has seen an increase with the Visit Orange Facebook page up from 3,622 to 3,992 followers.

Establish new facility in Orange Regional Museum

Increase the provision of services on-line through increased patronage of BookEasy by 25% by June 2016

Increase social media engagement and reach by 25% by June 2016

10.1.2

Implement the Orange Tourism Strategy

Actions from the Orange Tourism Strategy delivered in accordance with the Strategy items adopted by Council

Delivery of the Tourism Strategy continues with many events planned and conducted during the quarter, operation of the Colour City Caravan Park, continuation of the Visit Orange social media presence and conclusion of the current Brand Orange contract. Consideration of future levels of service objectives for the new Visitor Information Centre progressing as part of the Tourism Strategy review.  A new contract to extend the engagement of Brand Orange for 6 months was negotiated.


 

Objective 10 - Build on the economy, lifestyle and character of Orange to position the City as a destination of choice

Strategy 10.2 - Facilitate and support the attraction and development of events, festivals, venues and activities for residents and visitors, ensuring access and participation for older people.

Ref

Task

Performance Indicator

Status

Progress Report

10.2.1

Provide a range of quality accommodation and services and maintenance of all infrastructure to the Colour City Caravan Park

Maintain current three star rating

 

The Colour City Caravan Park continued to maintain its star rating at 3.5 during the quarter. Planning for the accommodation of pickers for the 2016/17 fruit harvest season will involve consultation with the Orchardists in order to manage the impacts.   The occupancy rate for this quarter was 38% due to the wet weather and cold months have stopped camping at the Park. Cabin upgrade works completed during the quarter.

Maintain occupancy rate at an annual average of at least 50%

Undertake asset improvements (painting, carpet in cabins, signage)

 


 

 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.1 - Encourage the growth of local business, support emerging industry sectors and attract new investment to Orange

Ref

Task

Performance Indicator

Status

Progress Report

11.1.1

Explore avenues to assist business development in the City in conjunction with the Orange Business Chamber or other peak industry organisations

Number of business provided with support or new business related measures explored in each quarter

There have been mail outs to 72 businesses with the results of Round One of the Shop Local campaign. 220 businesses have been contacted in relation to joining Round Two of the campaign. Three businesses investigating participation in Council's Grow Local campaign during the quarter .

11.1.2

Develop, maintain and provide information resources appropriate for business development and/or relocation, including web-based and mobile application platforms

Number of businesses listed on Council's on-line Business Directory

363 businesses are listed on Council's on-line business directory. An update of the Orange Business website has been completed.

11.1.3

Undertake refurbishment of the Central Business District

Project planning completed and delivery to budget and timeframes

Council staff have held discussions with Roads and Maritime Services representatives regarding their long-term planning for Summer Street, and determined the need to undertake an overall Central Business District (CBD) traffic analysis study. The outcomes of the study will inform decisions for both Council and the RMS on the future needs of road users and help to make base assumptions to be included in the components of a future design brief for the CBD upgrades. Work has progressed on developing a consultant brief to deliver this study.

11.1.4

Manage Council's land portfolio

Number of transactions to sell and purchase land

Two properties were sold during the quarter. Tender for site works for Stage 8 of Narrambla Industrial Park completed in the quarter with commencement scheduled for the first quarter of 2016/17.

 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.2 - Foster partnerships and encourage development across a range of industry clusters.

Ref

Task

Performance Indicator

Status

Progress Report

11.2.1

Participate in the Evocities Program

Annual function for new residents

During the quarter there were 17 direct enquiries from potential new residents and 44 families indicating an intention to relocate. Council resolved not to continue as a member of the Evocities group in the quarter from the 2016/17 year onwards.

Provision of information to relocatees

Seek opportunities through Evocities platforms to attract relocates to Orange

11.2.2

Facilitate industry cluster engagement with Council

Six monthly meetings held in November and May annually with: Education Cluster Group; Tourism Cluster Group; Manufacturing/Engineering Cluster Group; Mining Cluster Group; Health Cluster Group; Agribusiness Cluster Group

Meetings have been held during the quarter with the manufacturing/engineering cluster group, mining cluster group, health cluster group, and the agribusiness cluster group. The education and health groups are planning a meeting in the near future.

 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.3 - Encourage training and skills development for a diverse and sustainable labour market

Ref

Task

Performance Indicator

Status

Progress Report

11.3.1

Work with industry, business and training organisations to identify current or developing skills shortages and implement strategies to address them

Develop programs to assist business sectors management of skills shortages

Information continues to be circulated to relevant industry sectors regarding additional skills training funded by Government agencies. Council has focused on monitoring other job sites including Indeed (216 jobs), Adzuna (76 jobs), Seek (446 jobs) and Jura (662) to monitor job opportunities.

Number of jobs on Evocities jobs site from local businesses


 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.4 - Ensure the commercial facilities, programs and activities provided by Council enhance the economic base of the City and are effectively and efficiently managed

Ref

Task

Performance Indicator

Status

Progress Report

11.4.1

Maintain accurate and up-to-date register of all land owned or managed by Orange City Council

Changes to register made within three weeks of land transaction

Updates to the land register occur following transactions. Sales and purchases are reported to Council. The annual inspection regime is in place with many buildings inspected during the quarter to assist in the preparation of the budget.

Implement an annual inspection schedule for all leased properties to ensure all lease obligations are met and any resulting issues addressed

11.4.2

Operate the Orange Airport

Ensure the Airport meets all requirements set by the Civil Aviation Safety Authority through meeting annual inspection and reporting requirements

The annual technical inspection has been completed. An addition to the main apron completed and security fencing installed.

11.4.3

Manage the issues arising from telecommunications opportunities

Support the NBN rollout

The majority of the City will be live on NBN in the next quarter.

Ensure the Orange community is aware of the rollout and the opportunities it creates

11.4.4

Undertake upgrades of Airport precinct

Complete Airport precinct planning processes

Airport expansion project completed.

Undertake construction of new hangar

Complete security fencing

Complete general aviation access road

Complete runway liquid road application

Complete general aviation parking/fuel area

Airport - Chlorination of Water Supply

 

OUR ENVIRONMENT

Objective 12 - Manage the appropriate and sensitive use of the City’s natural resource assets and heritage

Strategy 12.1 - Ensure the Plans of Management for the City’s natural resource assets are current and reviewed

Ref

Task

Performance Indicator

Status

Progress Report

12.1.1

Review Plans of Management in conjunction with Council's Open Space Strategy

Adoption of Open Space Strategy by September 2015

Orange Outdoors (Strategy) has been completed pending approval and adoption by the Council.

Preliminary work on Plans of Management for Community Land progressed.

Review and adoption of Plans of Management for Community Land by June 2016

Implementation of Open Space Strategy in accordance with approved budget and project timeframes

12.1.2

Monitor and implement awareness events and campaigns for noxious and environmental weeds

Undertake 400 annual private property inspections to ensure noxious weeds are managed in accordance with legislative requirements

243 inspections were carried out during the quarter including 49 high risk pathways, 115 private property inspections and 76 Council managed sites. The officers also attended and contributed to 2 work shops, (Small Landholder Workshop and Serrated Tussock Workshop) organised by the Central Tablelands Local Land Services.


 

Objective 12 - Manage the appropriate and sensitive use of the City’s natural resource assets and heritage

Strategy 12.2 - Recognise the importance of heritage within the City by ensuring the currency of policies and procedures and seek compliance with regulations

Ref

Task

Performance Indicator

Status

Progress Report

12.2.1

Provide a Heritage Advisory Service to the community to protect and enhance heritage assets and to promote quality urban design

Number of heritage and urban design advisory services delivered per quarter

 

29 heritage advisory services during the quarter.

12.2.2

Operate the Orange Cemetery

Allocation of allotments for burial within 24 hours of receipt of Application for Burial

All applications for burials and reservations were attended to promptly. The cemetery was maintained to a high standard, providing families and friends with a neat and tidy site in which to remember loved ones.

Keep records in accordance with Cemeteries and Crematoria Act 2013

Installation of street lighting within the Cemetery

Undertake landscaping and irrigation of new section


 

Objective 13 – Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.1 - Identify changing community aspirations and undertake community engagement to inform planning and advocacy of plans and polices for traffic, transport and communications infrastructure

Ref

Task

Performance Indicator

Status

Progress Report

13.1.1

Development of communications infrastructure

NBN rollout planning undertaken to offer coordinated infrastructure opportunities

Staff active in liaising with NBN Co on NBN rollout in Orange.

13.1.2

Upgrade under-awning lighting in the Central Business District

Complete upgrades of under-awning lighting in the Central Business District

Design options have been adopted. Preparation of tender documents commenced.


 

Objective 13 – Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.2 - Identify changing community aspirations and undertake community engagement to inform planning and advocacy of plans and policies for integrated water management and energy utilities

Ref

Task

Performance Indicator

Status

Progress Report

13.2.1

Implement water conservation strategies

Implement annual water conservation strategies (media, education, advertising, water audits)

Level 2 Water Restrictions remain in place. The annual household audit and rainwater tank rebate programs continue.

13.2.2

Work with CENTROC to develop and implement effective regional water security plan

Attend meetings of the CENTROC Water Utilities Alliance to review the Regional Water Security Study

Bi-monthly attendance at Centroc Water Utilities Alliance Meetings in order to provide input into an updated Regional Water Security Study.

Report on key milestones established as part of the review of the Regional Water Security Study

13.2.3

Prepare new Water and Sewer Strategic Business Plan (and Financial Plan)

Prepare new Water and Sewer Strategic Business Plan (and Financial Plan) in accordance with the NSW Office of Water Best Practice Criteria by May 2017

The Strategic Business Plan (SBP) addresses three elements of the Best Practice of Water Supply and Sewerage Framework (Strategic Business Planning, Pricing and Drought Management). The mid-term review is due to be completed in May 2017 (coinciding with the completion of the IWCM Strategy).

13.2.4

Review and update Council's Integrated Water Cycle Management Strategy

Mid-term review and update Council's Integrated Water Cycle Management Strategy in accordance with NSW Office of Water Best Practice Criteria by May 2017

Extensive base data gathering continues.

13.2.5

Review and update Council's Water Conservation Plan

Mid-term review and update Council's Water Conservation Plan in accordance with NSW Office of Water Best Practice Criteria by May 2017

To be incorporated into IWCM Study which is due to be completed and approved by DPI Water in May 2017.


 

Objective 13 – Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.3 - Identify changing community aspirations and undertake community engagement to inform planning and advocacy of plans and policies for waste management and resource recovery

Ref

Task

Performance Indicator

Status

Progress Report

13.3.1

Deliver waste and recycling services

Promote and offer a free annual Household Hazardous Waste Collection service at the Ophir Road Resource Recovery Centre

New domestic waste and recycling contract commenced for a ten year contract period including ongoing education program. Monthly contractor performance meetings held with contractor and participating councils within the regional contract. Contractor and education strategy performing to key performance indicators.

Deliver education material to Orange residents relating to the new waste and recycling service provisions

13.3.2

Promote food and garden waste collection service

Provide quarterly public place displays to promote the service and offer informative tips on better practice organics recovery

Continued promotion of the food and garden waste collection service to domestic and commercial premises with some additional business house uptake of the service and associated case study promotional material advertised to support Councils ongoing education strategy.

13.3.3

Participate in the Tidy Towns Program

Participate in Clean Up Australia activities

The planning to hold the 2016 NSW Blue Stars Awards, (Tidy Towns), in Orange this November progressed with representatives from Keep NSW Beautiful, (KAB) visiting Orange twice to discuss the event. Two meetings have been held with the local Tidy Towns Committee. Due to Orange hosting the 2016 Awards this year the City will not be participating in the awards side of the program.

Participate in the Tidy Towns competition by coordinating and compiling the annual Tidy Towns Sustainable Communities Award submissions

Raise awareness of Tidy Towns through four local media events and engaging with local schools


 

Objective 13 – Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.4 - Monitor and enforce regulations relating to city amenity

Ref

Task

Performance Indicator

Status

Progress Report

13.4.1

Conduct Retail Food Premises inspections

All complaints of unclean or unhealthy retail food premises investigated within 48 hours and action taken if required

All food shops inspected. Scores on Doors inspection program was implemented and been successfully received by the food industry.

Annual inspection of all retail food premises completed

Annual Retail Food Premises Compliance Reporting prepared and submitted to the NSW Food Authority by August annually

Implement "Scores on Doors" Program

13.4.2

Enforce environmental legislation

All pollution complaints investigated within two working days for non-urgent events, and within four hours for urgent events, and action taken if required

Staff attended a number of pollution incidents in the reporting period and took appropriate action to protect the environment.

13.4.3

Provide efficient and effective development assessment and compliance service in a timely manner

Applications determined within a median time of 35 days; construction certificate applications determined within a median of 30 days and complying development certificates determined within a median time of 10 days

132 development applications were determined, with a median time of 14 days. 42 construction certificates were determined, with a median time of 11.5 days. 4 complying development certificates were determined, with a median processing time of 14 days.

13.4.4

Provide property information in a timely manner

Issue Section 149 Planning Certificates within a median processing time of four days and 1.5 days (where an urgency fee has been paid)

349 149(2) certificates were issued in this quarter, with a median processing time (work days only) of 2 days. 38 had concurrent 149(5) certificates and 24 were issued as urgent when an urgency fee had been paid. The median time for those issued as urgent was 1 day. 207 drainage diagrams were issued, with a median time of 1.26 days. 10 building certificates were issued, with a median time of 8 days. Most of the applications received for Building Certificates are made by conveyancing firms, and there can be delays in organising access to the property. Additional delays arise when clients are required to complete works prior to the certificate being issued.

Issue Section 149(B) - (E) Building Certificates and other property information within a median processing time of four days

 

Objective 14 – Foster ideas and opportunities and encourage innovative solutions for the delivery of infrastructure

Strategy 14.1 - Design and construct new infrastructure assets as specified within the relevant Asset Management Plan to agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

14.1.1

Construct the Southern Feeder Road

Complete design for Stage 1C - Huntley Road to Elsham Avenue

Council was unsuccessful at obtaining grant funding for the project through round 2 of the NSW Government fixing Country Road Program. Project has been nominated for Round 3 of National Stronger Regions Fund and is listed in Council's 16/17 Delivery/Operational Plan.

Further grant funding opportunities explored and submissions made

Complete Stage 2

Complete Stage 3

14.1.2

Develop Sewage Treatment Plant - Cadia effluent disinfection (Ultraviolet Treatment)

Investigation/design delivered by June 2016

A monitoring program on the quality of the treated effluent at Council’s Sewage Treatment Plant was conducted to verify water quality assumptions against the Australian Guidelines for Water Recycling.  Water Quality monitoring of the treated effluent specific to planning for UV infrastructure is ongoing.

Construction delivered by June 2017

14.1.3

Continue Suma Park Dam safety upgrade works

Construction undertaken on time and on budget by October 2015

The main structural Safety Upgrade elements of the works are performing well. Electrical automation and minor finalisation works are being undertaken by the contractor. Practical completion is yet to be awarded subject to finalisation of contract requirements and documentation. The project is on approved budget.


 

Objective 14 – Foster ideas and opportunities and encourage innovative solutions for the delivery of infrastructure

Strategy 14.1 - Design and construct new infrastructure assets as specified within the relevant Asset Management Plan to agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

14.1.4

Develop Orange to Central Tablelands Water Pipeline

Project undertaken in accordance with the project plan and funding conditions

The project is on time and within budget. Works undertaken to date include:
- approval of the Review of Environmental Factors
- development of the Tender specifications, documents and contract (including drawings)
- water quality risk assessment workshop
- development of property management plans (input from agronomist)
- lodgement of applications for all other approvals.

Expressions of Interest resulted in the shortlisting of seven prequalified respondents who will be invited to tender.

 


 

 

Objective 14 – Foster ideas and opportunities and encourage innovative solutions for the delivery of infrastructure

Strategy 14.1 - Design and construct new infrastructure assets as specified within the relevant Asset Management Plan to agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

14.1.5

Install de-chlorination system at Sewage Treatment Plant

System installed by June 2017

This project will be undertaken in 2016/17.

14.1.6

Develop East Orange water supply reservoir

Pre-construction/land acquisition works undertaken by June 2016

This project will be undertaken in 2016/17.

Construction undertaken on time and within budget by June 2017

14.1.7

Implement water mains extension/re-alignment program

Construction undertaken on time and within budget

Council has finalised the renewal of the existing water main along Leeds Parade with a 200mm water main. This has been renewed in light of the road upgrade and the future development areas to the North.  Council has undertaken the purchase of all pipe and fittings for the proposed pipeline from William Maker Drive to Telopea Way. This pipeline will be 150mm diameter and completes the water reticulation loop for the Waratahs area development. The water main located along Hill street has been relocated due to modifications to the road pavement. This has been renewed along both sides of the road outside the pavement area.

14.1.8

Undertake managed aquifer recharge trial

Project delivered in accordance with the project plan and funding requirements

This project will be undertaken in 2016/17.

14.1.9

Upgrade of the Dissolved Air Flotation system at the Sewer Treatment Plant

Upgrade works complete by June 2016

These works were completed during the previous quarter.

 

Objective 14 – Foster ideas and opportunities and encourage innovative solutions for the delivery of infrastructure

Strategy 14.1 - Design and construct new infrastructure assets as specified within the relevant Asset Management Plan to agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

14.1.10

Implement North Orange Sewer Strategy

Pre-construction/land acquisition works undertaken on time and within budget

Council is currently reviewing the sewerage network operations for North Orange and the servicing of potential future development in this area. The options study is expected to be complete in August 2016.

14.1.11

Construct Redmond Place sewer pump station

Works undertaken on time and within budget

This project will be undertaken in 2017/18.

14.1.12

Icely Road Water Treatment Plant - solar panels installation

Solar panels installed by June 2018

This project will be undertaken in 2017/18.

14.1.13

Blackmans Swamp Creek Stormwater Harvesting Stage 2

Project delivered in accordance with the budget

Pre-construction works are scheduled for completion in 2016/17 with construction works scheduled for 2018/19.

14.1.14

Waratahs precinct stormwater system

Complete Stage 5 in accordance with the budget

This project will be undertaken in 2016/17.

Complete Stage 6 in accordance with the budget

Complete Stage 7 in accordance with the budget

14.1.15

Construct Ridley Oval detention basin

Project delivered in accordance with the budget

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This project will be undertaken in 2017/18.

 

14.1.16

Construct Moulder Park stormwater system

Project delivered in accordance with the budget

This project will be undertaken in 2017/18.


 

Objective 14 – Foster ideas and opportunities and encourage innovative solutions for the delivery of infrastructure

Strategy 14.1 - Design and construct new infrastructure assets as specified within the relevant Asset Management Plan to agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

14.1.17

Deliver shared cycleway construction program as identified in the Bicycle Plan

Grant funded cycleway construction program completed within allocated budget. Projects include:
- Southern Link Cycleway, from Gardiner Road to railway
- Ploughmans Lane Cycleway, from Escort Way to Riawena Oval
- Widen path through Matthews Park to cycleway by 1.3m

Full path construction completed in Nelson Park including footbridge and boardwalk. Some elements of landscaping remain unfinished due to excessive winter rainfall resulting in general access difficulties.

Compliance with grant conditions and monthly reporting requirements to Roads and Maritime Services

14.1.18

Deliver footpath construction program

Complete the Active Travel Plan

Active travel Plan Part A adopted by Council. Part B to be completed by early July 2017.

Complete the footpath construction program


 

Objective 14 – Foster ideas and opportunities and encourage innovative solutions for the delivery of infrastructure

Strategy 14.1 - Design and construct new infrastructure assets as specified within the relevant Asset Management Plan to agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

14.1.19

Upgrade Council's road network in accordance with imposed development condition contributions and Voluntary Planning Agreement outcomes

Construction of new signalised intersection on Forest Road at base hospital and upgrading of road through to Bloomfield intersection

All road work on Leeds Parade has been completed.

Upgrade of drainage culverts in Leeds Parade from the Northern Distributor Road

14.1.20

Increase capacity in East Orange Channel

Develop and issue design and construct tender for section of channel between Byng and McLachlan Streets

This project will be undertaken in 2017/18.

Complete construction of widening of channel between Byng and McLachlan Streets

 


 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.1 - Maintain and renew traffic and transport infrastructure assets and services as specified within the Asset Management Plan at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.1.1

Deliver works program for road rehabilitation and re-seals as identified in the Transport Asset Management Plan

Annual reseal program completed within allocated budget

All programmed road rehabilitation projects are complete with the exception of Byng street from Sampson to Clinton, which has been stabilised and sealed but is yet to receive an asphaltic surface.  The Asphalt has been delayed to allow for drainage investigations and design in the area.
Major upgrades to the Northern Distributor Road completed as scheduled.

Annual road rehabilitation program completed within allocated budget

Forest Road pavement upgrade

Burrendong Way upgrade

Northern Distributor Road upgrade

Construction of link road - Waratahs

Slip lane - Telopea Way

15.1.2

Deliver program of footpath upgrading works as identified in the Transport Asset Management Plan

Annual footpath rehabilitation program completed within allocation budget

The annual program is complete, with footpath rehabilitation works undertaken in areas including Huntley Road, Byng Street, Hill Street, Kite Street and Sale Street. Pedestrian crossing installed in Kite Street and Moulder Street.

Construction of pedestrian crossing lighting

15.1.3

Maintain Council's fleet of plant and equipment to ensure availability

Ensure 95% availability of Council plant at all times

New trucks delivered and in operation. Light fleet vehicles delivered and in operation.

15.1.4

Provide and manage public car parking in the Orange Central Business District

Implement Parking Study deliverables including the implementation of car parking technology and review of time zones

Parking patrols were carried out in the quarter in accordance with the patrol schedule. This includes use of the new "in car" number plate recognition technology. Foot patrols continue within certain dedicated car parking areas within the City.

Parking patrols carried out in accordance with patrol schedule and Council's adopted parking rules

 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.2 - Operate, maintain, renew and upgrade water, sewer and stormwater infrastructure assets and services as specified within the Asset Management Plans at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.2.1

Provide safe drinking and re-use water

Monitor and report on water quality in accordance with regulatory requirements and report to the State Government annually in October

Drinking water was provided to customers in accordance with quality standards through implementation of the Drinking Water Management System. A water quality risk assessment review workshop was conducted for the various raw water sources, which was attended by Council staff, expert consultants and regulators.
Compilation of a Recycled Water Management System is progressing, along with investigation into infrastructure upgrades for the treated effluent re-use scheme.

Review and update Risk Assessment for Council's Drinking Water Management System by June annually

15.2.2

Conduct routine operation and maintenance of water and sewerage infrastructure

Conduct annual monitoring and reporting according to the requirements for inclusion in NSW Water Supply and Sewerage Performance Monitoring Report by September annually

Levels of Service for all Water and Sewer operational and maintenance functions of Council achieved.

Maintain water and sewer infrastructure in accordance with the statutory requirements and levels of service identified in Water and Sewer Asset Management Plans

15.2.3

Review and update Council's Drought Management Plan

Review and update Council's Drought Management Plan in accordance with NSW Office of Water Best Practice Criteria by June 2016

Council's Drought Management Plan forms part of Council's Water Supply and Sewerage Strategic Business Plan which is due to be reviewed by May 2017. The Drought Management Plan is one element of DPI Water's Best-Practice Management of Water Supply and Sewerage Framework.

15.2.4

Sewage Treatment Plant - Primary Tank Number 2 coating

Project delivered on time and on budget by April 2016

Works to be undertaken in 2017/2018.


 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.2 - Operate, maintain, renew and upgrade water, sewer and stormwater infrastructure assets and services as specified within the Asset Management Plans at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.2.5

Deliver sewer mains upgrade program

Identified sewer mains upgrades completed by June annually

This annual program involves upgrading sewer mains within the network in order to satisfy Council system requirements. The Margaret Stevenson Park works have been identified through the use of Council's Sewer Model with the sewer main being required to be upgraded from a 225mm diameter to a 300mm diameter main. The works were deferred in 2015/16 and Council has now engaged a contractor to commence works in August 2016.

15.2.6

Deliver sewer mains relining program

Annual sewer mains relining program delivered by June annually

Council has completed its annual Sewer main relining program. These works have relined 150mm diameter, 225mm diameter and 300mm diameter sewer mains across Orange. This will lead to reduced future maintenance costs by replacing ageing assets and reducing inflow and infiltration into the sewer system.

15.2.7

Implement pressure management/leak reduction program

Establish District Metering Areas in order to monitor/measure water losses from network every two years

Minimising water loss from the network reduces annual treatment and pumping costs. Council has led the development of the CENTROC Water Utilities Alliance Water Loss Management Plan Toolkit and is in the process of its implementation for 2016/17.

15.2.8

Deliver water services renewals program

Annual water services renewals program delivered by June annually

Orange City Council has completed 43 Water Service Renewals in 2015/16. The renewals have replaced the ageing galvanised iron water services across the City.


 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.2 - Operate, maintain, renew and upgrade water, sewer and stormwater infrastructure assets and services as specified within the Asset Management Plans at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.2.9

Deliver water meter replacement program

Annual water meter replacement program delivered by June annually

Council replaces ageing water meter infrastructure across Orange as part of its annual Water Meter replacement program. Council's adopted level of service is to have no water meters more than 10 years old. This water meter turnover maintains up to date infrastructure and reduces the risk of slow or stopped meters in the stock which may lead to an increase in unaccounted for water. Council replaced 511 water meters in 2015/16.

15.2.10

Deliver water mains renewals program

Annual water mains renewal program delivered by June annually

Council has deferred works on the renewal of the Nile Street Water Main until October 2016.  The renewal will also upgrade the water main from a 75mm diameter main to a 100mm diameter main.

15.2.11

Investigate Gosling Creek Dam upgrade works

Preliminary investigations completed by June 2016

Preliminary investigation work to commence in 2016/2017

15.2.12

Investigate Lake Canobolas Dam upgrade works

Preliminary investigations completed by June 2016

This project will be undertaken in 2017/18.

15.2.13

Sewage Treatment Plant - Dissolved Air Flotation Scraper upgrade

Project delivered on time and on budget by June 2017

This project will be undertaken in 2016/17.

15.2.14

Undertake rehabilitation works on the Robertson Park Stormwater Channel

Tenders issued for rehabilitation activities by September 2015

Rehabilitation works completed.

Works completed in accordance with the budget


 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.2 - Operate, maintain, renew and upgrade water, sewer and stormwater infrastructure assets and services as specified within the Asset Management Plans at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.2.15

Undertake ongoing condition assessment on Council's stormwater network

Assessments undertaken on 2% of network per annum and updated in the Asset Management Plan

Preliminary planning underway.

15.2.16

Upgrade water pressure - Lone Pine Avenue

Project delivered in accordance with budget

Incorporated into Orange to Blayney and Carcoar Pipeline Project.

15.2.17

Deliver Sewage Treatment Plan - Aeration upgrade

Investigation and design complete by June 2018

This project will commence in 2016/17.

Construction works delivered by June 2019

15.2.18

Deliver the Lake Rowlands upgrade project

Project delivered in accordance with budget

Forms part of the Regional Water Security Project, which is subject to a review by Centroc. The specific project will be determined by the review, with no actual expenditure projected until 2017/18.

15.2.19

Leeds Parade water main augmentation system finalised

Project delivered in accordance with budget

This project to be undertaken in 2017/18.

15.2.20

Southern suburb water main augmentation finalised

Project delivered in accordance with budget

The Shiralee Urban Release Area includes the design and construction of water supply infrastructure to service development of the area. All water mains to service the area have now been constructed, inspected, tested and approved for conformance with the contract.

15.2.21

Southern suburb sewerage system augmentation

Project delivered in accordance with budget

The Shiralee Urban Release Area includes the design and construction of sewer infrastructure to service development of the area. This includes gravity sewer mains, rising sewer mains and two sewerage pump stations. All sewer infrastructure has been constructed, however delays have occurred due to a contractual dispute with the previous contractor. Work remaining includes commissioning of power to the sewer pump stations.

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.3 - Maintain and renew waste recovery infrastructure assets and services as specified within the Asset Management Plan at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.3.1

Manage Ophir Road and Euchareena Road Resource Recovery Centres in accordance with Landfill Environmental Management Plans and Licenses

Reporting to the Office of Environment and Heritage and Environmental Protection Authority undertaken annually as required

Both Ophir Road Resource Recovery Centre and Euchareena Road Resource Recovery Centre facilities operating in accordance with licence requirements.

Material Recovery Facility buyback finalised

Divert greater than 50% of the waste stream from landfill. Annual reporting by June

Undertake maintenance works at the Ophir Road Resource Recovery Centre including site rehabilitation, re-seal of the entry road and car parking area

Construction of new landfill cell at Euchareena Road facility

 


Council Meeting                                                                                          16 August 2016

 

 

5.5     Regional Express Airlines

TRIM REFERENCE:        2016/1637

AUTHOR:                       Kel Gardiner, Manager Commercial and Emergency Services    

 

 

EXECUTIVE Summary

At the Council meeting held on 5 July 2016 a report was requested on the number of diverted or cancelled Regional Express (Rex) flights over the last year, together with air fares to Sydney from Orange, Parkes, Dubbo and Bathurst.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “11.4 Our Economy – Ensure the commercial facilities, programs and activities provided by Council enhance the economic base of the City and are effectively and efficiently managed”.

Financial Implications

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Policy and Governance Implications

Nil

 

Recommendation

That the information provided in the report on Regional Express Airlines be acknowledged.

 

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

At the Council meeting held on 5 July 2016 information was requested in regard to the number of diverted or cancelled Rex flights and also comparative air fares.

Council staff contacted Regional Express and asked the following questions:

·    The number of cancelled flights to and from Orange and the reasons

·    The number of diverted flights to and from Orange and the reasons

·    The Regional Express policy on refunds and what happens with passengers booked on cancelled flights

In response to these questions Rex provided the attached media release. Regional Express also provided information in regard to cancellations which is attached for information. The press release appeared in the Central Western Daily on 16 July 2016 along with Council’s comments in response as follows:

 

The suggestion that facilities after the recent $19 million upgrade at the airport are ‘extremely problematic’ is very wide of the mark.

Like any regional facility, power at the airport is dependent on the surrounding power grid and that generally works well.

The airport also has a back-up diesel generator that’s designed to cut-in in a matter of seconds.

There was a very unusual incident at the airport on Tuesday evening this week, when the back-up generator kicked-in at exactly the same time as a REX plane was using its equipment to start a plane on the runway.

This apparently caused some damage to this equipment, but a new procedure is now in place to prevent this happening again.

The plane was able to start its engines and as far as we know, no flights were affected by this incident.

 


 

Comparative one way airfares are listed below (as at 11 July 2016). There is no RPT service from Cowra.

Origin

Destination

Airline

Fare

Cost

Sydney

Orange

Rex

Rex Net

Rex Saver

Rex Bus

Rex Flex

$160.30

$215.30

$395.70

$439.70

Sydney

Parkes

Rex

Rex Net

Rex Saver

Rex Bus

Rex Flex

$167.20

$200.20

$397.10

$446.60

Sydney

Bathurst

Rex

Rex Net

Rex Saver

Rex Bus

Rex Flex

$158.10

$182.30

$364.90

$408.90

Sydney

Dubbo

Rex

 

 

 

Qantaslink

Rex Net

Rex Saver

Rex Bus

Rex Flex

Red e-Deal

Flex

$168.70

$199.50

$399.70

$506.40

$230.00

$329.00

 

Attachments

1          Attachment - Regional Express Airlines, D16/31433

 


Council Meeting                                                                                              16 August 2016

5.5                       Regional Express Airlines

Attachment 1      Attachment - Regional Express Airlines

PDF CreatorPDF Creator

 

 


Council Meeting                                                                                          16 August 2016

 

 

5.6     McNamara Lane Parklet

TRIM REFERENCE:        2016/1805

AUTHOR:                       Scott Maunder, Director Community, Recreation and Cultural Services    

 

 

EXECUTIVE Summary

This report seeks approval for remediation works to be undertaken in McNamara Lane including the installation of a parklet.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “6.2 Our Community – Seek innovative and creative solutions in partnership with key stakeholders that convert the demonstrated community need for sporting and recreational services/facilities to infrastructure and activities”.

Financial Implications

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Implications in this report

The proposed works can be funded within the current Delivery/Operational Plan.

Policy and Governance Implications

Nil

 

Recommendation

1    That Council approve the following works at the McNamara Lane parklet:

a          Construction of kerb and gutter along existing alignment

b          Reconstruction of the concrete footpath adjacent to the new kerb

c          Provision of a bike rack

d          Provision of seating

e          Planting of shrubs and installation of solar lighting.

2    That Council endorse the installation of the loading zone on the eastern side of McNamara Lane, north of the laneway adjacent to L & J Churchill Mechanical Repairs.

 

 

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

Item 3.11 of the minutes of the City of Orange Traffic Committee meeting held on 14 June 2016 which dealt with the proposed upgrade of a section of McNamara Lane, behind the parking area for the Hotel Canobolas, was deferred by Council to enable Councillors to inspect the proposed works.

The proposed works included the reconstruction of the kerb and gutter together with the following improvements:

·    Reconstruction of the concrete footpath adjacent to the new kerb

·    Provision of a new bike rack (as requested by nearby businesses)

·    Provision of seating

·    Planting of trees

This work will remove an existing informal, and potentially unsafe, parking arrangement where vehicles park between the concrete footpath and property boundary. This results in vehicles crossing over or driving along the concrete footpath to gain access to/from this area, potentially impacting on pedestrian movements along the footpath.

The work is proposed to be funded under the respective kerb and gutter and footpath rehabilitation budgets, with work on the cycle rack and seating from the Cycling Towns grant program.


 

Council inspected the site on Saturday 23 July 2016 and held further discussions with interested parties. Following that discussion, it is proposed to conduct the following works: 

·    Reconstruction of the kerb and gutter

·    Reconstruction of the concrete footpath adjacent to the new kerb

·    Provision of a new bike rack (as requested by nearby businesses)

·    Provision of seating

·    Planting of shrubs and installation of solar lighting

 

Council also notes correspondence received from Mrs Churchill on 8 August 2016 in relation to the proposed parklet and in particular queries as they relate to the following:

a.   Will motorcycle parking still be allowed? This element has not been included in the recommendation.

b.   Will trees or shrubs be planted? As identified in the recommendation the proposal is for shrubs to be planted.

c.   A request that the whole area be designated non- smoking due to Mrs Churchill’s poor health is supported. This will also benefit all users of the parklet.

d.   Will permanent and regular arrangements be made to ensure that the area is kept clean and tidy? As with all parks this area will be maintained by Council.

Item 3.2 of the 2 August 2016 Infrastructure Policy Committee promoted much discussion in relation to the incorporation of a loading zone within the above detailed proposed McNamara Lane parklet. Based on this discussion, Council’s Technical Services Division has further reviewed the available options for a loading zone in this area which can function both safely and efficiently for the surrounding businesses.

Council’s Engineering Services Manager attended the site on 3 and 4 August 2016 and met with the following stakeholders:

·     Mr Ray Nicholls, General Manger Wrap-rite, which is the major business in the area currently impacted by lack of loading zone facilities. As noted in Mr Ray Nicholls’ correspondence to Council dated 7 June 2016, Wrap-Rite generally receive up to 12 pallets per day which are unloaded with a conditional road registered fork lift within McNamara Lane. Mr Ray Nicholls supports the proposed loading zone location.

·     Mr Lance Churchill, owner of L&J Churchill Mechanics. Lance Churchill supports the installation of the proposed loading zone, but noted their position in relation to the proposed parklet and installation of associated infrastructure remains unchanged.

·     Courtney, Pilgrim Books staff. Noted they have no major deliveries, and could make no comment in relation to the loading zone. The store manager is currently on leave.

·     Guy, owner of The Grocer & Co Store. Guy fully supports the proposed loading zone location.

·     Malcolm, owner of Dotted Eight Café. Malcolm fully supports the proposed loading zone location.

·     Mr Semin Jeon, Mr Lim, owner of Korean Restaurant, 282 Summer Street. Semin fully supports the proposed loading zone location.

The proposed loading zone location is located in a central position on the eastern side of McNamara Lane. The advantages of this location include:

·    Minimal cost to Council, with the installation of loading zone and No Stopping signage only required.

·    Provides a dedicated loading zone for McNamara Lane businesses to utilise and is located on the eastern side, which is the side of the road where the majority of businesses are located and ensures the Wrap-Rite conditional registered fork lift is moving in the approved one way direction of McNamara Lane when loaded.

·    At this location McNamara Lane increases in width, and the proximity to the intersection with Summer Street assists in ensuring reduced speed of through traffic.

·    At this location, entrance and exit turning movements are assisted by the adjacent disabled parking spaces being longer in length (north) and the driveway access to 282 Summer Street clear area (south), therefore a larger 12.5m rigid truck can be accommodated safely.

·    Separation of proposed parklet and loading activities.

Possible disadvantages of this location include:

·    Loss of three short term one hour parking spaces. It should be noted the discussed parklet incorporating the loading zone would result in the loss of four to five car parking spaces within McNamara Lane.

·    Interaction between forklifts, trolleys and vehicle movements within a public road corridor will continue as per current situation, albeit, they will take place in the wider section of McNamara Lane.

During the 2 August 2016 Infrastructure Policy Committee meeting, an alternative loading zone was discussed. The discussion identified the opportunity for a loading zone to be incorporated into the proposed parklet area, being indented or parallel to the kerb on the western side of McNamara Lane.

Disadvantages of this location include:

·    Loss of four to five car parking spaces within McNamara Lane.

·    Wrap-Rite conditional registered fork lift will be moving in the wrong direction along McNamara Lane when loaded and operator’s line of sight potentially impaired.

·    Is located within the narrow section of McNamara Lane, with the potential to maximise traffic disruption during unloading operations.

·    Increased interaction with vehicles due to be located on western side of lane, with the majority of businesses being located on the eastern side.

The provision of this loading zone will require approval by the City of Orange Traffic Committee, with this item scheduled to be discussed at its next meeting.

 

Attachments

1          McNamara Lane Parklet, D16/26871

2          McNamara Lane Modifications, D16/34504

  


Council Meeting                                                                                              16 August 2016

5.6                       McNamara Lane Parklet

Attachment 1      McNamara Lane Parklet

PDF Creator



Council Meeting                                                                                                                    16 August 2016

5.6                       McNamara Lane Parklet

Attachment 2      McNamara Lane Modifications

PDF Creator



Council Meeting                                                                                          16 August 2016

 

 

5.7     Draft Contaminated Land Policy

TRIM REFERENCE:        2016/922

AUTHOR:                       Mark Hodges, Manager Building and Environment    

 

 

EXECUTIVE Summary

Orange City Council is a member of a regional group of councils who have been successful in obtaining funding from the NSW State Government to prepare a Contaminated Land Policy that is generally consistent between all of the member councils in the Central West.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “13.4 Our Environment – Monitor and enforce regulations relating to City amenity”.

Financial Implications

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year. Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Implications of this report

Staff resourcing will be required to set up and maintain the register relating to commercial and industrial land, however provision for this task has been made within existing staffing resources and the use of the regional grant program.

Policy and Governance Implications

The final adoption of a Contaminated Lands Policy would provide guidance and procedures for use when Council issues 149 Planning Certificates and also undertakes the assessment of development applications.

 

Recommendation

That draft Strategic Policy ST018 - Contaminated Land be placed on public exhibition.

 

further considerations

The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:

Service Delivery

The adoption of a policy that details procedures for the management of contaminated lands will increase the service delivery provided by Council to owners, prospective owners and developers by advising of restrictions on the use of land as a result of previous uses of the land and the potential contamination that may have resulted.

Environmental

The adoption and implementation of a policy which manages the future of contaminated lands will have benefits to the health of the environment of the City and its surrounds.

Health and Safety

The adoption and implementation of a policy will assist in ensuring both current and future land users are aware of the possible health and safety risks of particular land.

SUPPORTING INFORMATION

The draft policy has been prepared by a steering group, on which Orange City Council has a position, and also the Regional Contamination Officer, who is fully funded by a NSW Government program. The draft policy and the Contaminated Land Management Plan attached to it set out procedures for the management of contaminated land in the LGA.

The policy reflects the requirements of various pieces of NSW legislation. The policy will initially impact upon staff resources as it will require the identification of current and historical uses of commercial and industrial land. The document will result in Council being in a better position to advise owners and prospective owners of land of the likelihood of contamination of sites and include steps that can be taken to appropriately manage the site into the future.

The policy provides assistance and direction for both staff and the public on the procedures that Council is required to follow during the issuing of s149 planning certificates and development assessment processes.

Attached is the draft Contaminated Land Strategic Policy and Contaminated Land Management Plan and they are recommended for exhibition.

 

Attachments

1          Draft - ST018 - Strategic Policy - Contaminated Land, D16/16796

2          Draft Contaminated Land Management Plan, D16/34915

 


Council Meeting                                                                                         16 August 2016

5.7                       Draft Contaminated Land Policy

Attachment 1      Draft - ST018 - Strategic Policy - Contaminated Land

STRATEGIC POLICYSTRATEGIC POLICY

CONTAMINATED LAND

ST018                                                                                                                                                                                      F22

 

Objective

This policy is in accordance with the requirements of Section 145C Environmental Planning and Assessment Act 1979. The objectives of the policy and its attachment, the  Contaminated Land Management Plan (CLMP),  include:

 

1    Restrict land use of land under particular circumstances

2    Requirements for the conduct of remediation

3    Define the use of site audits in the planning decision process

4    Set out how access to information is provided

5    Identify what will be notified on section 149 planning certificates

6    Set standards for consultants that report on contaminated land

Applicability

The policy will apply to all land within the Orange Local Government Area with the potential for investigation and remediation of land contamination in relation to making planning decisions, keeping and providing relevant information and the monitoring of remediation.

General

Restriction of land

Where Council is aware of any past or present potentially contaminating land uses or activities (as described in this policy) it will maintain relevant information about the land on which that use or activity occurred or is occurring to ensure:

 

·    That land owners and other interested parties may be made aware of those uses; and

·    Council can assess land contamination issues and monitor remediation under State Environmental Planning Policy 55 Remediation of Land (SEPP 55).

The information held is intended to aid decision-making regarding contaminated land investigations, land use planning and determinations.

 

Land use is restricted by:

 

1    The prescription of the circumstances where land is required to undergo some level of assessment for land contamination, or remediation, before consent can be granted for any development on that land or before the land can be rezoned.

2    Enforcement of restrictions that, in the opinion of the consultant or auditor, are required through the imposition of a Site Management Plan that may be imposed on the land following remediation.

This policy identifies those land uses that have a reasonable potential to result in land contamination that may need to be addressed during development. The list of land uses and activities that this policy will specifically identify as having the potential to result in land contamination are in Appendix A of the Contaminated Land Management Plan (CLMP).

 

Information access and management

While Council will endeavour to develop and maintain a comprehensive collection of relevant information, it does not guarantee the completeness or accuracy of all the information held.

 

Council will hold information in an information system known as the Contaminated Land Information System (CLIS). Land will be included on the CLIS on the basis of past land use. Each parcel on the CLIS will be classified into one of five classifications (specified in s 8.4 of the CLMP) in accordance with the information held on the parcel.

 

Information on the CLIS may be provided to any person in the form of a s149 Planning Certificate in accordance with the Environmental Planning and Assessment Act or a person with a valid interest may seek to view:

 

·    The CLIS register information

·    Reports held by Council

Council will assess applications for information in accordance with the Access to Information Held by Council Strategic Policy ST083,  Privacy and Personal Information Strategic Policy (inclusive of the Privacy Management Plan) ST092.

 

Information provided on the s149(2) planning certificate shall include the restriction on land as relevant to the investigation status.

 

A notice will be placed on the s149(5) planning certificate where:

 

•     The site is known to be subject to the Underground Petroleum Storage System (UPSS) Regulation as regulated by Council

•     The land has been used for specific purposes listed in Appendix A CLMP

•     Council is in possession of contamination assessment reports

•     Council is in possession of a Site Audit Statement

•     Remediation has been approved in accordance with SEPP55

•     Remediation has been notified in accordance with SEPP55

 

As a minimum requirement for all development applications and planning proposals a list of former land uses should be provided to the best of the applicant’s knowledge.

Remediation

Any remediation carried out as Category 2 remediation (carried out without consent, SEPP 55) must:

·    be notified to Council in writing using the form available from Council at the time of notification and consistent with notice requirements set out in clause 16 of SEPP 55

·    Be accompanied by a copy of the Remediation Action Plan

·    Comply with the Conduct of Remediation (sec 12.3.2 CLMP)

 


 

 

Underground Storage Tanks (USTs) that are not regulated by the Protection of the Environment (Underground Petroleum Storage Systems) (UPSS) Regulation 2014 must not be removed without validation sampling and laboratory analysis in accordance with appropriate guidelines.

Consultants’ Reports

All reports regarding the assessment of site contamination must be prepared by a suitably qualified person and be completed in accordance with the relevant reporting guidelines within the CLMP.

 

All reports must reference the Policy and CLMP and specifically refer to any conditions for remediation.

 

Reports provided to Council should contain factual information and avoid subjective opinion, language or analysis that has the potential to mislead Council or a third party to whom the report may be disclosed under s149(5) of the EP&A Act.

 

All reports submitted to Council after 1 April 2017 for the purposes of fulfilling the requirements of SEPP55 and the UPSS regulation are to be prepared, or reviewed and approved, by a consultant who is certified under a contaminated land consultant certification scheme recognised by the EPA.

Summary Reports

Council requires that any Assessment of Site Contamination Report be accompanied by a summary report which provides a succinct overview of the site investigation or remediation on the parcel of land identified in Appendix A or where contamination is known or suspected. A summary report cannot be relied upon solely for decision making under SEPP 55.

Site Audits

A site audit statement will be required for reports on sites where:

•    Modified investigations threshold levels are used

•    A tier 2 or 3 risk assessment is relied upon for determination of suitability

•    A groundwater assessment (in accordance with UPSS regulation) is not carried out where underground tanks or infrastructure has been identified

•    A Site Management Plan is to be imposed

•    Council does not accept a consultant’s recommendation

•    Council considers it necessary

Site Management Plan

A Site Management Plan (SMP) is required when contamination is to remain on site. The SMP should be developed in consultation with Council to determine that it can be reasonably complied with and enforced. It should make provisions for Council to carry out checks of relevant compliance.

 

Where there is an SMP, and where Council is able to do so, Council will require the owner or proponent to register of a covenant on title requiring compliance with the SMP.

Procedure

The Contaminated Land Management Plan guides how Council staff will implement this Policy.

Related Policies/Documents

Contaminated Land Management Plan

Environmental Planning and Assessment Act 1979

Contaminated Land Management Act 1997

Managing Land Contamination Planning Guideline (1998)

National Environmental Protection (Assessment of Contamination) Measures Act 1999

Protection of the Environment (Underground Petroleum Storage Systems) Regulation 2014 (UPSS Regulation)

Environmental Planning Policy 55 Remediation of Land (SEPP 55)

Access to Information Strategic Policy

Privacy Management Plan

 

Responsible Area – Development Services

 

REVISION

 

DATE

RESOLUTION

 

DATE

RESOLUTION

1

August 2016

 

6

 

 

2

 

 

7

 

 

3

 

 

8

 

 

4

 

 

9

 

 

5

 

 

 

 

 

All policies can be reviewed or revoked by resolution of Council, at any time.

SUMMARY OF AMENDMENTS

Amendment Date

Section/Reference and Amendment

August 2016

New Strategic Policy and associated Management Plan

 

 

 

 

 

                                                                                                                                                

 

 

 

 

 


Council Meeting                                                                                               16 August 2016

5.7                       Draft Contaminated Land Policy

Attachment 2      Draft Contaminated Land Management Plan

 

 

Table of Contents

Table of Contents. 2

1            Preamble. 3

2            Management Plan Objectives: 3

3            Application. 4

4            Abbreviations. 4

5            Glossary. 5

6            Legislation. 8

7            Potentially contaminating land uses. 9

8            Information management. 9

9            Rezoning. 15

10          Development Applications. 20

11          Remediation. 19

12          Contaminated Land Consultants. 24

13          Site Auditing. 26

14          Site Management Plans. 27

15          Contaminated land standards for pollution. 27

Appendix A - potentially contaminating land uses. 28

Appendix B Standard Conditions of Consent. 32

Appendix C Summary Report Template. 36

 


 

1         Preamble

Land contamination has the potential to arise from a range of industrial and other activities. The impacts of some activities are only temporary, whereas others carry the risk of leaving an unwanted legacy. In some instances, particularly when the land use has involved hazardous substances, that legacy may be threatening to humans or the environment, or it may affect the current or future use of the land.

 

Not all contamination will affect the land in such a way that it cannot be used productively for industrial, commercial, agricultural, residential or other purposes. 

 

Contamination of land is defined in the Contaminated Land Management Act 1997 as “the presence in, on or under the land of a substance at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk to harm to human health or any other aspect of the environment”.

 

The Environment Protection Authority (EPA) is the NSW body that regulates contaminated land under the Contaminated Land Management Act 1997.

 

Local councils also have responsibility to ensure that when exercising statutory planning functions in relation to the development of contaminated land, all relevant information is considered.  Contaminated land is managed by councils to minimise the impacts of past land use on the orderly development of land in the future. 

 

In order to do this Council will use this Management Plan and Contaminated Land Policy to provide guidance on:

 

·    Strategic and statutory planning options based on available information regarding land contamination

•     Consideration of land contamination as early as possible in the planning and development control process

 

The Contaminated Land Strategic Policy (policy) and Contaminated Land Management Plan (CLMP) should be read in conjunction with the Managing Land Contamination Planning Guideline (1998) with reference to Part 7A of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy 55 Remediation of Land (SEPP 55), the National Environmental Protection (Assessment of Site Contamination) Measure 1999, and other applicable legislation.

2         Contaminated Land Management Plan Objectives:

The objectives of the CLMP are listed below:

·     Information about potentially contaminated land is collected

·     Information is to be maintained in a Contaminated Lands Information System (CLIS)

·     Council will use information to appropriately manage the use of land and what information is required for the development of the land

·     Information will be provided to owners of affected land and the public

·     Information will be provided on s149 planning certificates

·     Council should be notified of remediation activities within it Local Government Area (LGA)

·     Clarify where Category 1 remediation activities will be identified

·     Provide a process for remediation, notification, works and validation

·     Use contaminated land standards and principles to address illegal land filling

·     The Protection of the Environment (Underground Petroleum Storage System) Regulation (UPSS) is to be administered by Council.

3         Application

This CLMP applies to all land within the Orange City Council LGA and is to be applied where:

1      Council is duly exercising one of the following planning functions:

a      Preparation of a planning proposal

b     Processing and determination of a development application or the modification of a development consent

c      Processing and determination of an application for a complying development certificate

d     Furnishing of advice in a certificate under section 149; or

2      Council is:

a      Investigating or remedying illegal land filling; or

b     Administering the Protection of the Environment (Underground Petroleum Storage System) Regulation 2012.

4         Abbreviations

CLIS              Contaminated Land Information System

CLM             Contaminated Land Management

CLM Act     Contaminated Land Management Act 1997

CLMP          Contaminated Land Management Plan

DA                Development Application

DSI               Detailed Site Investigation

EPA              NSW Environment Protection Authority

EP&A Act   Environmental Planning and Assessment Act 1979

EP&A Reg  Environmental Planning and Assessment Regulation 2000

EPI                Environmental Planning Instrument

LEP               Local Environment Plan

NEPM         National Environmental Protection (Assessment of Site Contamination) Measure 1999

POEO Act   Protection of the Environment Operation Act 1997

PSI                Preliminary Site Investigation

RAP              Remediation Action Plan

SAS              Site Audit Statement

SEPP 55      State Environmental Planning Policy 55 Remediation of Land

SMP             Site Management Plan

UPSS           Underground Petroleum Storage System

UST              Underground Storage Tank


 

5         Glossary

Assessment of site contamination       A formal investigation and report carried out by a contaminated land consultant in accordance with the Planning Guideline, the Reporting Guidelines or the UPSS Regulation and may include a preliminary site investigation, a detailed site investigation, a remediation action plan or a validation report.

Category 1 remediation                            As defined in SEPP 55, being remediation that requires development consent.

Category 2 remediation                            As defined in SEPP 55, being remediation that may be undertaken without development consent.

Contaminated Land Management       In regard to Council’s responsibilities: The management of records relating to past or present land use, assessment of site contamination, provision of relevant information, monitoring of remediation and the determination of suitability for rezoning and development consents as described within this policy.

Contamination                                              As defined in EP&A Act: contaminated land means land in, on or under which any substance is present at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment.

                                                                            As defined in CLM Act: contamination of land, for the purposes of this Act, means the presence in, on or under the land of a substance at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment.

                                                                            Contamination and Pollution have similar statutory definitions, and while Council has statutory powers to regulate pollution (in particular under the Protection of the Environment Operations Act 1997) this policy is primarily concerned with contamination. A pollution incident is considered to be a matter that is dealt with in the short term by the relevant powers. Pollution can result in contamination if the pollution is not cleaned up in the short term or Council does not become aware of the issue within a reasonable time to be able to enforce a suitable remedy. 


 

Deferred Commencement                      Development consent is granted subject to a condition that the consent is not to operate until the applicant satisfies the consent authority as to any matter specified in the condition, in accordance with Section 80 (3) of the Environmental Planning and Assessment Act 1979.

Detailed Site Investigation                       Stage 2 – Detailed Investigation as defined in Planning Guideline, the Reporting Guidelines and the NEPM. An investigation that will define with high precision the nature, extent and risks posed by contamination.

Environmental Management Plan        See Site Management Plan.

Planning Guideline                                      Managing Land Contamination Planning Guideline (1998) or otherwise specified by Section 145C Environmental Planning and Assessment Act 1979.

Pollution                                                          As defined in POEO Act

pollution means:

a          water pollution

b          air pollution

c           noise pollution

d          land pollution

pollution incident means an incident or set of circumstances during or as a consequence of which there is or is likely to be a leak, spill or other escape or deposit of a substance, as a result of which pollution has occurred, is occurring or is likely to occur. It includes an incident or set of circumstances in which a substance has been placed or disposed of on premises, but it does not include an incident or set of circumstances involving only the emission of any noise.

land pollution or pollution of land means placing in or on, or otherwise introducing into or onto, the land (whether through an act or omission) any matter, whether solid, liquid or gaseous:
a          that causes or is likely to cause degradation of the land, resulting in actual or potential harm to the health or safety of human beings, animals or other terrestrial life or ecosystems, or actual or potential loss or property damage, that is not trivial, or
b          that is of a prescribed nature, description or class or that does not comply with any standard prescribed in respect of that matter, but does not include placing in or on, or otherwise introducing into or onto, land any substance excluded from this definition by the regulations.


 

Preliminary Site Investigation                 Stage 1 – Preliminary investigation as defined by the Planning Guideline, the Reporting Guidelines and the NEPM. An investigation that defines the potentially contaminating activities carried out on a site, the areas where contamination is most likely to exist and, if necessary, sufficient soil or groundwater sampling to confirm whether the land has been contaminated or not.

Reporting Guidelines                                 Guidelines for Consultants Reporting on Contaminated Sites (EPA 1997 updated 2011).

Remediation                                                  As defined in SEPP 55 remediation means:

a      removing, dispersing, destroying, reducing, mitigating or containing the contamination of any land, or

b     eliminating or reducing any hazard arising from the contamination of any land (including by preventing the entry of persons or animals on the land).

Remediation Action Plan                          Stage 3 – Site Remediation Action Plan as defined by the Planning Guideline and the Reporting Guidelines. A plan that sets out how a contaminated site can be made suitable for its intended use including methodology, clean-up criteria and validation procedures.

s149 planning certificate                           A planning certificate as defined under Section 149 of the EP&A Act.

Site Audit                                                        Non Statutory Site Audit means a site audit undertaken by a site auditor that is not a requirement of a statutory instrument such as a development consent or regulation by the Contaminated Land Management Act (1997).

                                                                            Statutory Site Audit as defined in Section 47 of the Contaminated Land Management Act (1997) means a site audit carried out in order to secure compliance with, among other things, a requirement of SEPP 55 or a Development Consent.

                                                                            Site Audit Statement contains the Site Auditor’s findings and is in the form approved by the EPA. See Section 53B CLM Act.

Further information about Site Audits can be found in the NSW EPA website:
http://www.epa.nsw.gov.au/clm/auditorscheme.htm

Site Management Plan                              A plan that is intended to manage residual contamination following suitable remediation of a site.


 

 

Specific potentially contaminating        A land use specified in Appendix A that will, if determined to

land use                                                           have been carried out on the land, be used to identify land for contaminated land management under this policy.

Suitably qualified person                          Means a person who has such competence and experience in relation to the assessment of site contamination as is recognised as appropriate by the contaminated land management industry. They will also be, or be reasonably able to be, or supervised by a consultant who is, certified under a contaminated land consultant certification scheme recognised by the EPA.

UPSS regulation                                           Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014.

Validation Report                                        Stage 4 – Validation and monitoring as defined by the Planning Guideline and the Reporting Guidelines. A report detailing the results of the post-remediation testing against the clean-up criteria stated in the RAP.

6         Legislation

Contaminated Land Management Act 1997 

Provides for Site Auditing (Section 47), and specific requirements for Section 149 planning certificates under the EP&A Act, in relation to the Act (Section 59).

Environmental Planning and Assessment Act 1979

Provides the basis of the planning system in NSW and permits the creation of State Environmental Planning Policies. Part 7A specifically details the liabilities for Planning Authorities in respect of contaminated land and defines the contaminated land Planning Guideline.

Environmental Planning and Assessment Regulation 2000

Sets out the requirements for Section 149 Planning Certificates (Schedule 4).

National Environmental Protection (Assessment of Site Contamination) Measure 1999.

Sets a national standard for contaminated site assessment.

Protection of the Environment Operations Act 1997

Enables the EPA and councils, to regulate pollution and waste in NSW.

Protection of the Environment Operations (Waste) Regulation 2014

Regulation of waste in NSW.

Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014

Self-regulation regime of underground fuel storage in NSW

State Environmental Planning Policy No 55-Remediation of Land

Establishes the mandatory considerations for consent authorities when considering development applications in relation to contaminated land, and criteria for remediation of land before development can occur.

Local Environment Plan for Orange City Council

7         Potentially contaminating land uses

This CLMP identifies land uses that have reasonable potential to result in land contamination and will need to be addressed during development. These land uses and activities are listed in Appendix A.

Where a property has been identified as having been associated with one or more land uses or activities, it will be listed on the Council’s Contaminated Land Information System (CLIS) so that relevant information is recorded.

8         Information management

Council’s records and classifications are not intended to reflect the risk of harm to human health or the environment for a property in its current state or by its current land use. Where there are concerns that need to be addressed in the short term, the Council may use its powers under the Protection of the Environment Operations Act 1997 or refer the matter to the EPA.

8.1 Contaminated Land Information System definition

Council maintains a Contaminated Land Information System (CLIS) which records relevant information regarding individual sites.

Information pertaining to specific locations includes:

·   Current and historical property description

·   Historical land uses or activities that have the potential to contaminate (see Appendix A)

·   The land contamination investigation status

·   Reports and notices relating to contamination assessment

·   Site Audit Statements

·   EPA correspondence

8.2 What the information is used for

The information contained on the CLIS is used to:

·    Provide information for inclusion on s149 Planning Certificates

·    Inform development applications, modification applications, complying development certificate applications and assessments, including pre-DA meetings and assessment

·    Inform strategic planning and the preparation of Planning Proposals

·    Monitor and regulate remediation of contaminated land

·    Administer the UPSS regulation

8.3 Including or removing land from Council’s Contaminated Land Information System

Land is included on the CLIS based primarily on information known to Council and does not necessarily reflect whether or not the land is actually contaminated.

Land will be identified on the CLIS if Council:

·    Holds records, or is aware that the land has been used for a potentially contaminating land use as defined in Appendix A;

·    Has carried out an inspection that suggests the land is likely to have been affected by contamination, pollution, landfilling, or is/has been used in an environmentally unsatisfactory manner (refer to definitions in the POEO Act);

·    Is aware that the land has been the subject of remediation; 

·    Believes the land could have lawfully been used for a purpose listed in Appendix A and has no evidence to the contrary; or

·    Is aware that the land is, or has been, zoned for historical industrial purposes.

Any land that Council becomes aware of where a new development is commenced or approved, whether approved by Council, or subject to a Complying Development Certificate or Exempt Development, and is consistent with land uses defined in Appendix A, will be included on the Contaminated Land Information System.

Land will not be included on the CLIS where:

·    The use is at a domestic scale;

·    The land use is clearly operated at a scale that is unlikely to cause land contamination; or

·    The activity is, and has always been, generally of a retail or warehousing nature, provided that any fuels, oil and chemicals remain in manufacturers sealed containers  and are not dispensed or decanted into other containers;

·    Council is not otherwise aware that the land is likely to be contaminated.


 

 

It is acknowledged that both agricultural and residential land can be subject to incidental contamination and that, in some circumstances, could give rise to a risk to human health and the environment, however it is considered unreasonable to apply this policy where there is no evidence of circumstances presenting such a risk. Areas of agricultural land such as fuel storages and stock dips will be considered for contamination assessment when a DA is received however the whole land parcel will not be included in the CLIS unless specific reports are or have been provided to Council.

When land is added to the CLIS the owner will be notified.

As it is a requirement that Council review its records every time it issues a s149 planning certificate and considers land contamination before determining a development application, a record of land must not be removed from the CLIS unless Council is satisfied that the information held does not relate to the land, or that any potentially contaminating activity has not taken place on the land

Where land is subdivided or consolidated, information about the former land uses on the land will be carried onto the new property description(s).

8.4 Land Contamination Investigation Status

To assist Council to monitor and communicate the level and quality of information Council has about contamination on any land parcel, each parcel is classified according to the extent of the information available to make a decision in respect of the use of the land. Table 1 below provides the five site classifications

Table 1. Contaminated Land  Investigation Status

Investigation Class

Description

A - Identified

·    Council has identified that the land should be included on the CLIS because a potentially contaminating land use is known to have been undertaken (Appendix A), but the results of any formal investigation have not been provided to Council.

·    At this status, it is not possible to determine if land could be suitable for any particular use.

B - Assessed

·    Council has been provided with a contamination assessment report or other documentation indicating that the land is (or has been) contaminated, but is not satisfied, based on information provided in contamination assessment reports, that the land is suitable for any specific land uses and, therefore, further consideration of investigation, remediation or validation is required to determine a relevant application. Reports may indicate that the land may be suitable for some uses with conditions such as limited depth of excavation or contamination remaining in inaccessible areas due to existing structure etc.

·    For any land adjacent to identified potentially contaminated land where a contamination assessment report received by Council has identified that contamination has migrated to the adjoining land will be classified as assessed. NOTE – only for the specific parcel


C – Site Management Plan

The land has been remediated, however, is subject to a site management plan (SMP). Any new DA must consider the requirements of a SMP that applies to the land.

 

D - Suitable for Limited Uses

 

·    Council has been provided with a contamination assessment report or other documentation indicating that the land is (or has been) contaminated, but is satisfied, based on information provided in contamination assessment reports, that the land is suitable for some specific land uses without conditions.

·    Further consideration of investigation, remediation or validation would be required to determine a relevant application for more sensitive land uses.

 

E - Unrestricted

 

Council is satisfied based on information provided in contamination assessment reports that the land is suitable for all land uses and, therefore, no further investigation is required to determine a relevant application. This category shall only be used where no further assessment of contamination is required to determine the suitability of any permissible Development Application.

 

Whenever new information about a land parcel or property is received by Council, the status classification will be reconsidered and changed if necessary.

If contamination investigations standards change then the Policy and Management Plan will be reviewed.

8.5 Provision of information

Requests for information will be assessed in accordance with the Access to Information Held by Council Strategic Policy ST083 and Privacy and Personal Information Strategic Policy ST092.

A person with a valid interest may seek to view records. A person with a valid interest may include the following:

1      The owner

2      The owner of neighbouring land

3      State Government agencies

4      Contaminated land consultants investigating the land or neighbouring land

5      Utilities providers

6      Conveyancers acting on behalf of the owner

7      With the owner’s permission:

a      A potential purchaser

b     A purchaser’s conveyancer

c      A real estate agent

 

8.6 Information provided on the Section 149 Planning Certificate

Section 149 Planning Certificates provide a range of information regarding the rights and restrictions placed on a parcel of land.

Council is obliged to provide certain information on the s149(2) planning Certificate as specified in Schedule 4 of the Environmental Planning and Assessment Regulations 2000 and Section 59 of the Contaminated Land Management Act 1997. That is:

1      Clause 7, Schedule 4 of the Environmental Planning and Assessment Regulations 2000 requires that the Section 149 Certificate identify whether or not the land is affected by any policy (adopted by Council or by a public authority for the express purpose of its adoption being referred to in Section149 certificates issued by Council) that restricts the development of land because of the likelihood of any risk. Information pertinent to Clause 7 is noted below; and

2      Section 59 of the Contaminated Land Management Act 1997 requires that the Certificate address the specific matters relating to the management of contaminated land set out in that section. Information pertinent to Section 59 is below.

This Management Plan reflects Council’s Policy which is adopted by Council for the express purpose of restricting the development of land because of the likelihood of contamination risk.

The following six options are for inclusion with Section 149(2) Certificate issued by Council in accordance with Clause 7, Schedule 4 of the Environmental Planning and Assessment Regulation.

Notation options to be included on Section 149(2) Planning Certificates of the Environmental Planning and Assessment Act are:

i)       Land not considered to require restriction under this policy

Council’s adopted Contaminated Land Policy does not place any specific restriction on the land to which this certificate relates at this time.

ii)    Land Contamination Investigation Status “A - Identified

The land to which this Certificate relates has been used for purposes that have the potential to contaminate land. Council records do not contain sufficient information to determine whether or not the land is contaminated. Council’s adopted Contaminated Land Policy restricts the development on the land by requiring that the land undergoes some level of assessment for land contamination, and/or remediation if required, where zoning changes are proposed or consent is required for the carrying out of any development. Council’s adopted Policy provides information on how these restrictions will be applied in accordance with provisions under relevant State legislation. It is recommended that persons relying on this Certificate undertake their own assessment of the land’s suitability for purposes that do not require development consent.


 

iii)        Land Contamination Investigation Status “B - Assessed

The land to which this Certificate relates has been used for purposes that have the potential to contaminate land. Council’s adopted Contaminated Land Policy restricts the development on the land by requiring that the land undergoes some level of assessment for land contamination, and/or remediation if required, where zoning changes are proposed or consent is required for the carrying out of any development. Council’s adopted Policy provides information on how these restrictions will be applied in accordance with provisions under relevant State legislation. It is recommended that persons relying on this Certificate undertake their own assessment of the land’s suitability for purposes that do not require development consent.

iv)        Land Contamination Investigation Status C - Site Management Plan

The land to which this Certificate relates has been used for purposes that have the potential to contaminate land. Council has been advised that the site has undergone some remediation of site contamination; however the land remains subject to a Site Management Plan to mitigate   the risk posed by the contamination on the land. The Site Management Plan may place restrictions on development or use of the land and may include ongoing obligations by the owner or occupier. Council’s adopted Contaminated Land Policy restricts the development of the land by ensuring compliance with the applicable Site Management Plan. Further investigation may be required where zoning changes are proposed or consent is required for the carrying out of any development. Council’s adopted policy provides information on how these restrictions will be applied in accordance with provisions under relevant State legislation. It is recommended that persons relying on this Certificate undertake their own assessment of the land’s suitability for purposes that do not require development consent.

v)         Land Contamination Investigation Status D - Suitable for Limited Uses

The land to which this Certificate relates has been used for purposes that have the potential to contaminate land. An assessment of site contamination has recommended that the land is suitable for certain types of use. Council’s adopted Contaminated Land Policy restricts the development on the land by requiring that the land undergoes some level of assessment for land contamination, and/or remediation if required, where zoning changes are proposed or consent is required for the carrying out of development not consistent with the assessment of site contamination recommendations. Council’s adopted policy provides information on how these restrictions will be applied in accordance with provisions under relevant State legislation. It is recommended that persons relying on this certificate undertake their own assessment of the land’s suitability for purposes that are not consistent with the assessment of site contamination recommendations and do not require development consent.

vi)        Land Contamination Investigation Status E - Unrestricted

The land to which this Certificate relates has been used for purposes that have the potential to contaminate land. A professional assessment  of site contamination has recommended that the land is suitable for all types of use.

Notation options to be included on Section 149(5) Planning Certificates of the Environmental Planning and Assessment Act are:

•     Where the site is known to be subject to the Underground Petroleum Storage System  Regulation  as regulated by Council

The land is subject to the Protection of the Environment (Underground Petroleum Storage System) Regulation 2014.

•     Where the land has been used for specific purposes listed in this Policy

The land has been used for the purposes listed at Appendix A for potentially contaminating land uses and activities.

•     Where Council is in possession of contamination assessment reports

Council has one or more reports on the assessment of site contamination relating to the land.

·   Where Council is in possession of a Site Audit Statement

Council has a site audit statement. 

·    Where Council is able to provide a copy of the site audit statement with the planning certificate it should do so.

•     Where remediation has been approved in accordance with SEPP55

Development consent has been granted to carry out Category 1 Remediation on the land.

•     Where remediation has been notified in accordance with SEPP55

Council has been notified that Category 2 remediation is to be carried out on the land.

Notation to be included on Section 149 Planning Certificate issued under Section 149(2) of the Environmental Planning and Assessment Act, as required by Section 59(2) of the Contaminated Land Management Act

•     Where Council has received a Site Audit Statement that relates to the land

Council has received a Site Audit Statement that relates to the land.

•     Where the site has not been regulated by the Contaminated Land Management Act 1997

The land to which this certificate relates is not presently subject to regulation under the Contaminated Land Management Act 1997.


 

 

•     Where the site has been declared significantly contaminated under the Contaminated Land Management Act 1997

The land to which this Certificate relates is significantly contaminated land under the Contaminated Land Management Act 1997.

•     Where the site is subject to a management order under the Contaminated Land Management Act 1997

The land to which this Certificate relates is subject to a management order under the Contaminated Land Management Act 1997.

•     Where the land is subject to a voluntary management proposal under the Contaminated Land Management Act 1997

The land to which this Certificate relates is subject to an approved voluntary management proposal under the Contaminated Land Management Act 1997.

•     Where the land is subject to an ongoing maintenance order under the Contaminated Land Management Act 1997

The land to which this Certificate relates is subject to an ongoing Maintenance Order under the Contaminated Land Management Act 1997.

Notation to be included on Section 149 Planning Certificates issued under Section 149(2) of the Environmental Planning and Assessment Act 1979, as required by Section 59(3) of the Contaminated Land Management Act 1997

•     Where the land has been, but is no longer declared significantly contaminated under the Contaminated Land Management Act 1997

The land to which this Certificate relates was, but is no longer significantly contaminated land under the Contaminated Land Management Act 1997.

•     Where the land has been, but is no longer subject to a Management Order under the Contaminated Land Management Act 1997

The land to which this Certificate relates was, but is no longer subject to a Management Order under the Contaminated Land Management Act 1997.

•     Where the land has been, but is no longer subject to a Voluntary Management Proposal under the Contaminated Land Management Act 1997

The land to which this Certificate relates was, but is no longer subject to an approved Voluntary Management Proposal  under the Contaminated Land Management Act 1997.


 

 

•     Where the land has been, but is no longer subject to an ongoing Maintenance Order under the Contaminated Land Management Act 1997

The land to which this Certificate relates was, but is no longer subject to an ongoing maintenance order under the Contaminated Land Management Act 1997.

9         Rezoning

The rezoning of land is controlled by Part 3 Division 4 of the Environmental Planning and Assessment Act 1979. A Planning Proposal is prepared by Council and submitted for consideration and determination by the Minister (gateway determination). A gateway determination will determine what further studies may be required.

Clause 6 of SEPP 55 has the effect of requiring the consideration of contamination before preparing a planning proposal that would have the effect of zoning or rezoning land.  In order to assess the potential for land contamination, Council will require a thorough land use history for the site with reference to the potentially contaminated land uses and activities defined within Appendix A in this Management Plan.

Preliminary Site Investigations may be required prior to the preparation of the Planning Proposal if such an investigation can reasonably be carried out. A Planning Proposal may also recommend that further contamination investigations are carried out.

Council must have regard to a Preliminary Site Investigation, where such an investigation has been carried out, before making a Planning Proposal where:

1      The land is declared significantly contaminated land under Part 3 of the Contaminated Land Management Act 1997

2      An activity referred to in Appendix A is being carried out on the land

3      Council’s records show that an activity or use referred to in Appendix A has been carried out on the land

4      Council has incomplete records about the use of the land, and the land is proposed to be used for residential, educational, recreational, childcare or hospital purposes (either as a dominant or ancillary use), and during the periods not covered by those records it would, according to the uses formerly permitted on the land, have been lawful to carry out an activity referred to in Appendix A.

If a Planning Proposal proposes to change a land use zone in a Local Environmental Plan:

1      For a particular parcel of land, it would not be appropriate to proceed with the Planning Proposal  unless the land was proven suitable for all kinds of development that would be permitted in the new zone or for the development contemplated in the planning proposal or it could be demonstrated that the land could, and would, be remediated to make the land suitable.


 

2      For a large area of land (Generalised Rezonings), the planning proposal should seek to adopt measures in the Local Environmental Plan or Development Control Plan to ensure that the potential for contamination and the suitability of the land for any proposed use are assessed before any development consent within the rezoned land is granted.

If a preliminary site investigation indicates that contamination would make land unsuitable for particular uses, and:

1      The land may be appropriately remediated for those uses, provisions are needed in the Local Environmental Plan or Development Control Plan to require the remediation before those uses can occur.

2      Where remediation may not be appropriate for those uses, either the Planning Proposal should not proceed or the range of permissible uses should be restricted in the Local Environmental Plan for that site either by way of selecting a more appropriate land use zone, or through the adoption of an additional permitted use clause under Schedule 1 and clause 2.5; that is, the land use options should be reconsidered.

10     Development Applications

10.1 Pre Development Application Meetings

A pre DA meeting may be held between Council staff and a potential applicant to discuss the matters that need to be considered under heads of consideration (s79C Environmental Planning and Assessment Act 1979), the Local Environment Plan and the Development Control Plan for the Council.

It should be noted that any advice provided regarding land contamination matters is subject to the same limitations and liabilities as any other advice provided in a pre Development Application meeting.

Council’s advice in a pre Development Application meeting should acknowledge:

1      That the potential for land contamination must be considered for each and every development application

2      That any pre-existing reports, studies or site audit statements need be considered in terms of the specific development proposal

3      Whether or not the pre-existing reports or studies will meet the reporting requirements of the Council at the time the development application is lodged

After acknowledging the above, Council may be able to provide general advice as to whether any further site assessment is likely to be required in order to ensure that the applicant provides a complete Development Application that can be assessed. 

The provisions of the Development Assessment Section 10.2 below may be applied regardless of any advice provided during any pre Development Application meeting.

10.2 Development Assessment consideration of contamination

Upon receipt of a Development Application in respect of any land, SEPP 55 (Clause 7(1)) requires that land contamination must be considered. Any Statement of Environmental Effects or Environmental Impact Statement must address the historical uses of the land.

Consideration of Land contamination shall be given during the assessment process by way of:

1      Referring to the CLIS to determine if any information is held by Council regarding the potential for land contamination

2      Considering the past known uses for the land having regard to the potentially contaminating land uses listed in Appendix A, and if there is an opportunity to confirm past uses through a records search or seeking relevant information from the proponent

3      Consideration of evidence of possible land contamination or potentially contaminating activities discovered during a site inspection relating to the development application

4      Considering information received through any public consultation process.

Where land has been remediated in the past, the issue of land contamination must again be considered for any subsequent Development Application. Council must ensure that any remediation that has been carried out is appropriate in terms of the specific development proposal. Council must consider if the remediation standards meet the requirements of the proposed use, if the standards have changed since the time of the remediation or if there is any residual contamination that may cause concern for the new proposal.

Where the information held by Council is not sufficient to determine if the land is suitable for the proposed development, the applicant shall be required to submit additional relevant information, studies, investigations and or reports in support of the application to assist in making the determination, at the applicant’s cost.

Changes of use on contaminated land may proceed provided that:

1      The land is suitable for the intended use

2      Conditions are attached to the development consent to ensure that the subject land can and will be remediated to a level appropriate to its intended use prior to or during the development stage.

When considering the suitability of the land for development under Section 79C (1)(c) of the Environmental Planning and Assessment Act, the risk to health and the environment from contamination must be included in this assessment. This includes risks during the construction and operation of the development. The former includes Work Health Safety issues as well as the potential for the proposed construction works to disturb contamination and cause off-site movement of chemicals.

The Planning Guideline sets out the four stages of the contamination investigation process and all references to contamination investigations and reports should use the descriptions in the Planning Guideline, the NEPM or Orange City Council Contaminated Land Strategic Policy and Contaminated Land Management Plan.

In order to assess or determine the Development Application, information may be requested that does not constitute a contamination investigation as specified in the Planning Guideline or the NEPM. In that case the requirements of Section 12 Contaminated Land Consultants may not apply. 

Such information may include:

·    Confirmation of past land uses

·    Plans identifying where certain activities have taken place

·    Oral history of the use of the land

This type of information should be accompanied by a Statutory Declaration from the person providing the information.

If a development consent can be granted without the need to carry out any formal contaminated site investigation or remediation or where there is a risk that physical evidence of past, potentially contaminating activities will be destroyed if the development goes ahead, then a photographic survey and oral history of the use of the land may be required to be submitted to Council for its records. Such an approach may be utilised, for example, when there may be contamination under a building and the application does not propose to alter that structure (ie is to ensure the previous use is continued to be known).


 

10.3 Triggers for preliminary site investigation

As a minimum requirement, a preliminary site investigation will be required when considering a development application for land on which Council:

1      Has knowledge of a potentially contaminating land use specified in Appendix A having occurred

2      Has reasonable grounds to believe the land may be contaminated because of the land’s history, condition or other information known to Council,

and one or more of the following circumstances have occurred:

3      The circumstances suggest that the past use could reasonably have significantly contaminated the site

4      The proposed development will involve any disturbance of soil including boring or trenching for foundations or services

5      The contaminating activity that potentially caused contamination on the land involved illegal or unauthorised work

6      The proposed development will include construction over land that may be contaminated

7      The proposed development will interfere with groundwater

8      The potential contamination is from an underground storage tank (UST) (not including operating sites subject to the UPSS regulation).

The triggers specified above are in addition to the minimum assessment criteria set by the SEPP 55 in clause 7 (2), (3) and (4).

10.4 Conditions of consent requiring remediation

Where a development requires remediation the development consent may include conditions that require remediation and validation as well as a Site Management Plan and Site Audit Statement. Such conditions may be included as Deferred Commencement Conditions.

10.5 Unexpected findings protocol

In circumstances where land contamination has not been able to be identified prior to a development being approved and contamination or infrastructure is uncovered during development, work should cease and Council must advised immediately.

In managing any unexpected finding of contamination, the provisions of SEPP 55 apply and modification to the development consent or a new development consent application may need to be considered.

Council will impose a condition on all Development Consents to this effect.


 

11       Remediation

11.1 Remediation Overview and SEPP 55

Remediation activities should be defined in a Remediation Action Plan (RAP), being a plan that sets out how a contaminated site can be made suitable for its intended use including methodology, clean-up criteria and validation procedures. An RAP must be prepared by an appropriately qualified consultant in accordance with the applicable Environmental Planning and Assessment Guidelines.

Where remediation of contaminated land is necessary, the remediation should be carried out (whenever reasonably possibly to do so) within the context of a proposed development to achieve the highest best use. If there is doubt over whether remediation must be carried out to ensure the land is suitable for the use, then it is preferred that remediation be carried out.

Under SEPP 55 there are two categories of remediation - Category 1 and Category 2.

Category 1 remediation requires development consent from Council whereas Category 2 does not.

11.2 Category 1 remediation (requires consent)

Clause 9 of SEPP 55 sets out the criteria for Category 1 remediation and it is recommended that each remediation proposal considers whether or not it should be considered Category 1 or 2.

The following information is provided in order to identify land that is referred to in SEPP 55 clause 9 (b) land declared to be a critical habitat, (c) likely to have a significant effect on a critical habitat or a threatened species, population or ecological community and (e) area or zone to which any classifications to the following effect apply under an environmental planning instrument:

SEPP 55 Clause 9

Equivalent Orange LEP 2011 mapped land

(b)  land declared to be a critical habitat,

not mapped and would need to be assessed on a site by site basis

(c)  critical habitat or a threatened species, population or ecological community

not mapped and would need to be assessed on a site by site basis

(e)   (i)  coastal protection

N/A

(ii)  conservation or heritage conservation

Heritage Conservation areas as defined by LEP mapping and individual items listed under Schedule 5 of the LEP.

 

(iii)  habitat area, habitat protection area, habitat or wildlife corridor

The following are subject to clause 7.4 of the 

Terrestrial Biodiversity of the Orange LEP 2011:

 

land identified as “High Biodiversity Sensitivity” or “Medium Biodiversity Sensitivity” on the Terrestrial Biodiversity Map; land  identified as “Sensitive Waterways” or that is within 40 metres of the top of the bank of a “Sensitive Waterways” on the Watercourse Map,

 


 

 

(iv)  environment protection

Zone RE1   Public Recreation

Zone RE2   Private Recreation

Zone E2   Environmental Conservation

Zone E3   Environmental Management

Zone E4   Environmental Living

 

The following are subject to Clause 7.4 of the Terrestrial Biodiversity of the Orange LEP 2011:

land identified as “High Biodiversity Sensitivity” or “Medium Biodiversity Sensitivity” on the Terrestrial Biodiversity Map; land identified as “Groundwater Vulnerability” on the Groundwater Vulnerability Map; land identified as “Drinking water” on the Drinking Water Catchment Map

(v)  escarpment, escarpment protection or escarpment preservation

Such an area or zone is not classified by the Orange LEP 2011

(vi)  floodway

the following are subject to clause 7.2 Flood Planning of the Orange LEP 2011:

land identified as “Flood Planning Area” on the Flood Planning Map, and  other land at or below the flood planning level

(vii)  littoral rainforest

such an area or zone is not classified by the Orange LEP 2011

(viii)  nature reserve

such an area or zone is not classified by the Orange LEP 2011

 

(ix)  scenic area or scenic protection

such an area or zone is not classified by the Orange LEP 2011

 

(x)  wetland

such an area or zone is not classified by the Orange LEP 2011

Any Environmental Planning Instrument (EPI) made or amended after the adoption of this policy should be considered when determining the remediation category under SEPP 55.

The above information does not limit the consideration of SEPP 55 Clause 9(a) designated development and (d) development for which another State environmental planning policy or a Regional Environmental Plan requires   development consent.

In accordance with Clause 9(f) of SEPP 55, it is considered that where Category 2 remediation will not or cannot be conducted in compliance with this policy (see section 12.3.2 below), the remediation should be considered as Category 1 remediation.

A Development Application  proposal for Category 1 remediation, must discuss both the consequences of not carrying out the remediation will need to be considered and weighed up against the environmental impacts of carrying out the remediation. This involves an assessment of matters such as how the work will contribute to a net improvement in environmental quality, reduce health risks or promote the economic use and development of the land. An RAP will be required to be submitted with any application for Category 1 remediation.

Clause 12(1) of SEPP 55 restricts the refusal of a Development Application pertaining to Category 1 remediation work unless Council is satisfied that there would be a more significant risk of harm to human health or some other aspect of the environment from the carrying out of the work than there would be from the use of the land concerned (in the absence of the work) for any purpose for which it may lawfully be used. 

In addition to the matters listed for consideration under section 79C of the EP&A Act, the following issues may also be relevant when assessing a development application for Category 1 remediation:

1      Is the Site Management Plan acceptable?

2      Does the proposal require other approvals from regulatory authorities?

3      Is the remediation proposed to be supervised by an appropriately qualified consultant?

4      Is the proposal for validating the remediation adequate?

5      Are reporting and monitoring mechanisms and proposals adequate?

Standard conditions that may be applied to the consent of any Category 1 Development Application are in Appendix B Standard Conditions of Consent. Each application will be considered on its merit and the use of or modification of any standard condition is at the discretion of the Council in each circumstance.

11.3 Category 2 remediation (carried out without consent, SEPP 55)

11.3.1 Notification

In accordance with Clause 16 of SEPP 55, a person who proposes to carry out Category 2 remediation works must notify Council not less than 30 days before the commencement of the work unless the works are required by a Remediation Order.

Council will acknowledge receipt of the notification and provide any relevant comments as soon as practicable prior to the proposed works start date if possible. The notice period for Category 2 remediation is 30 days, however SEPP 55 permits a lesser notice period in specific circumstances (Clause 16(2)).

11.3.2 Conduct of Category 2 remediation works

To reduce the potential for offsite impacts and to comply with the requirements of the Protection of the Environment Operations Act.  Category 2 remediation shall be conducted in the following manner:

Communication

1      Adjoining property owners must be notified in writing of the commencement date, duration and nature of the remediation activities at least 7 days prior to remediation activities commencing on site.

2      A sign identifying the contact details of the remediation contractor must be displayed at the site for the duration of the remediation activities. .


 

3      While the remediation activities are being undertaken the contractor must maintain a written record of any complaints received in relation to the conduct of the remediation. The written record must include each complainant's name and address, the time and date that each complaint was made, the nature of each complaint and the actions taken to address the complaint. The record may be requested by Council officers during the conduct of remediation, in which case the record must be made available to Council.

4      Any complaint received by the contractor in relation to the remediation activities must be notified to Council during Council business hours as soon as possible, and in all cases no later than 2 business days following the date that the complaint was received by the contractor.

Managing Impacts

5      Remediation activities must not cause any environmental harm outside of the area nominated for remediation within the site. The remediation area is to be contained by a suitable barrier or fencing to prevent all unauthorised access. Erosion and sediment controls must be in place to prevent any soil leaving the remediation site. Runoff from areas of contaminated soil, whether in situ, stockpiled or in excavation pits, must not be permitted to leave the site without appropriate testing and/or  treatment.

6      Remediation must not create visible dust that extends beyond any site boundary.

7      Remediation activities must not cause offensive noise and avoid the production of vibration that may impact nearby properties.

8      Remediation activities must be managed to ensure that dust, odour, gases or fumes are not emitted beyond the boundary of the remediation site. Appropriate monitoring equipment must be used to demonstrate compliance with the condition.

Dealing with Waste

9      All liquid and solid waste must be classified in accordance with the Protection of the Environment (Waste) Regulation 2014 and related guidelines.

10   All waste transported from the remediation site must be covered in a vehicle suitable for that waste material. There must be no tracking of soil onto public roads.

11   Any receiver of waste material must be properly licensed by the EPA to receive that waste. If a non-licensed premises is intended to receive waste from the site then an approved notice within the meaning of Section 143(4) of the Protection of the Environment Operations Act (Section 143 Notice) must be supplied prior to removal of the material from the remediation site.

12   Details of material removed including volume, mass, classification, destination and any Section 143 notices are to be included in the validation report.

13   All waste transport routes must avoid where possible all sensitive land uses such as residential areas, schools, preschools, etc., avoid bus routes and particularly school bus pick up and drop off periods.

Validation report

14   Within 30 days of the completion of remediation works, a validation report shall be provided to Council along with the Notice of Completion required under clause 17(2) of SEPP 55 to confirm that the remediation has been carried out in accordance with the requirement of SEPP 55. The validation report must be prepared in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guidelines (1998), relevant EPA Guidelines and the National Environmental Protection (Assessment of Site Contamination) Measure (1999).

Site management plan

15   If the validation report recommends or requires the implementation of an ongoing site management plan or a site management plan is otherwise required, assistance must be provided to Council (including by executing relevant documents) to enable registration of a restriction or covenant requiring compliance with the site management plan that must be registered on the title under Section 88E of the Conveyancing Act 1919 or Section 29(3) of the Contaminated Land Management Act 1997. Council is to be named as the only party able to vary or release the restriction or covenant.

11.4 Underground Storage Tanks and Underground Petroleum Storage Systems

The presence of an underground storage tank (UST) may not always be associated with an Underground Petroleum Storage System (UPSS) within the meaning of the Protection of the Environment (Underground Petroleum Storage Systems) (UPSS) Regulation 2014. In particular USTs used for material that is waste or is not petroleum or if the UST has not been operated since before 1 June 2008 may not necessarily be regulated by the UPSS Regulation.

 The removal of any underground storage tank (UST) used for the storage of liquids that in themselves constitute potential contaminants, will be considered to be remediation for the purpose of SEPP 55 only if validation of surrounding soils is carried out. Validation of UST removal or replacement is a requirement for sites that come under the UPSS Regulation 2014. 

Where no validation sampling and laboratory is carried out, the site will be considered un-remediated and will require suitable validation sampling before any determination under SEPP 55 can be made. The removal of a UST without validation is considered to be development that requires consent. Additionally, the modification of an Underground Petroleum Storage System as defined in clause 3 of the UPSS Regulation 2014 also requires consent.

11.5 Validation reports and Notice of completion of remediation

The Managing Land Contamination Planning Guideline 1998 highlights the importance of validation reporting to remediation process.

The UPSS Regulation requires that a validation be submitted in relation to modification and/or decommissioning of UPSS (ccl 13 and 15). A Notice of Completion shall also be provided to Council in accordance with Clause 17 of SEPP 55, within 30 days of the completion of works.


 

The Reporting Guidelines state that:

Where remedial action has been carried out, the site must be ‘validated’ to ensure that the objectives stated in the RAP have been achieved. A report detailing the results of the site validation is required.

12       Contaminated Land Consultants

12.1 Reports

All reports regarding the assessment of site contamination, as set out in the Planning Guideline and the NEPM, must be prepared by a suitably qualified person and be completed in accordance with the Reporting Guidelines. Additionally,

All reports must:

1      Reference Council's policy and specifically refer to any conditions for remediation;

2      Be accompanied by a Summary Report as defined in this Policy in section 13.4.

A report may be provided to Council as:

1      A validation report for Category 2 remediation

2      A validation report required by Clauses 13 and 15 of the UPSS Regulation following modification or decommissioning of an UPSS;

3      A contamination assessment report in order for Council to carry out its planning function in relation to Development Applications  or compliance with development consent

4      A report intended to provide information in order to amend the Contaminated Land Information System status.

Council determines whether or not a report meets the requirements of relevant standards, and may enforce compliance with the relevant standards of reporting if necessary.

If a report is to be used for DA assessment or for amending the CLIS, whether or not it was provided in the first instance for that or another purpose, Council will only consider that report if it meets the reporting standards of this Policy.

If Council does consider that it cannot rely on a particular report because it does not meet the standards of this policy, it may request that another report be submitted to address the particular concern.

12.2 Certification of consultant

From 1 April 2017, all reports submitted to Council for the purposes of fulfilling the requirements of SEPP55 and the UPSS Regulation are to be prepared, or reviewed and approved by a consultant who is certified under a contaminated land consultant certification scheme recognised by the EPA. Prior to 1 April 2017, consultants who are not certified should provide evidence that their qualifications, experience and breadth of expertise would meet the expectations of a certification scheme and are appropriate for the nature of the investigation or plan being reported on.

Any report received by Council after 1 April 2017 that does not include the consultant’s certifications details will not be accepted.

Any report provided to Council that does not meet the requirements set out above may not be recognised for the purpose of any subsequent Development Application.

12.3 Summary Report

Council requires that any Assessment of Site Contamination report be accompanied by a summary report which provides a succinct overview of the site investigation or remediation on the parcel of land. The report will assist Council, landholders, purchasers and neighbours in reviewing matters associated with that land. A summary report cannot be relied upon solely for decision making under SEPP 55.

 A summary report shall be one A4 page with one A4 page site plan or map. It should be completed on the template available from Council (see Appendix C for an example template). The report will provide a summary of the key facts:

1      Consultant’s name and contact details

2      Real property description (Lot, DP, address)

3      Main areas of concern

4      Source of contamination

5      Dates of investigations and remediation

6      Nature and extent of contamination:

a      Key contaminants involved

b     Highlight concentrations eg highest, % of samples above HSL, HIL etc

c      On the plan, an estimate of the lateral extent and depths

d     A cross section if useful

7      What remediation was carried out including waste removed

8      What contamination remains and where

9      Brief recommendations of next steps

10   Recommendation of suitability

11   Sign off, certification details and reference to full report

13       Site Auditing

A statutory site audit in accordance with Section 47 Contaminated Land Management Act 1997 may be required as a condition of consent or as partial notice of completion of remediation work (Clause 18 SEPP55).

The Planning Guideline states:

“As a general principle, a site audit is only necessary when the planning authority:

•     believes on reasonable grounds that the information provided by the proponent is incorrect or incomplete;

•     wishes to verify the information provided by the proponent adheres to appropriate standards, procedures and guidelines;

•     does not have the internal resources to conduct its own technical review.”

 

Under this Policy, a Site Audit Statement will be required for reports on sites where:

•     Modified investigations threshold levels are used

•     A risk assessment is relied upon for determination of suitability

•     A groundwater investigation is not carried out where underground tanks or infrastructure has been identified

•     A Site Management Plan is to be imposed

•     Council does not accept the consultant’s recommendation

•     Council considers it necessary

A Site Audit Statement (SAS) may be requested at any stage of the investigation (Preliminary, Detailed, RAP Validation or Site management Plan) to assist Council in making its determinations under SEPP55, however, Council will not require an SAS at every stage without cause.

The SAS needs to establish that the land is suitable, or could be made suitable, subject to any specific requirements of the site auditor for the specified land uses. Council will determine which of the land uses specified on the site audit statement best characterises the development and specify this in relevant development assessment or consent conditions.

14       Site Management Plans

A Site Management Plan (SMP) is required when contamination is to remain on site. The SMP should be developed in consultation with Council to determine that it can be reasonably complied with and enforced

Further information of the use and need for an SMP can be found in section 3.4.6 Environmental management plans in the Guidelines for the NSW Site Auditor Scheme (2nd edition) (DEC NSW 2006).

The owner of the land shall provide a copy of any SMP should be provided to Council along with any other report that recommends such a plan. The existence of an SMP will be noted on Section149 Planning Certificates and included in the CLIS.

Where there is an SMP identified in a Development Application or Category 1 remediation works, Council shall apply a condition of consent that requires a restriction of covenants under Section 88E of the Conveyancing Act or Section 29(3) of the Contaminated Land Management Act where there is an SMP. It is a requirement relating to the conduct of Category 2 remediation under this policy.

15       Contaminated land standards for pollution

Individual pollution incidents, illegal dumping or spills of hazardous materials do not necessarily constitute contamination. Pollution incidents and waste offences should primarily be managed under the Protection of the Environment Operations Act 1997 and Part 6 of the Environmental Planning and Assessment Act 1979.

Such offences include but are not limited to:

·    Filling land without consent under Section76A of the Environmental Planning and Assessment Act

·    Filling land with material that is not approved ie where a development consent specifies that imported fill must meet certain standards

·    Water or land pollution as described in the Protection of the Environment Operations Act

·    Unlawfully applying waste to land ss143,144 Protection of the Environment Operations Act

Waste is defined in the Protection of the Environment Operations Act and may include any type of soil with or without contaminants.

When dealing with matters of waste or pollution, it is not appropriate to use the NEPM as the basis for investigation. Waste classification (as per EPA guidelines) should be used.

When considering clean-up criteria for pollution incidents, illegal dumping or spills of hazardous materials, the original state of the land or “background” levels of contaminants should be used as the clean-up goal.  Only if the land cannot be returned to its original condition or the pollution or waste activities are deemed to be no longer current, may it be considered or managed as a contaminated site.

Appendix A - potentially contaminating land uses

The following land use definitions generally relate to the land use definitions used in the Standard Instrument—Local Environmental Plan. Additional definitions and comments are included in the table to assist in identifying the potential to contaminate land from that land use.

# Should only be used where specific information about the site is available.

Grouping

Potentially contaminating land use

Definition or comments

Agriculture

Aquaculture

Cultivating or keeping fish or marine vegetation for commercial purposes; Fisheries Management Act 1994

 

Extensive agriculture#

Used to capture farm shed activities such as chemical storage and handling

 

Food manufacturing

All types of food and drink manufacturing that may have included boilers or cooking, needs to be at reasonable scale

 

Intensive livestock agriculture

Feed lots, piggeries, dairies, concentrated waste products.  Designated development triggers

 

Intensive plant agriculture

Vineyards, orchards, irrigated cropping, turf farming

 

Livestock processing industries

Production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, and includes abattoirs, knackeries, tanneries, wool scours and rendering plants.

 

Rural supplies

Store large quantities of chemicals but should be only applied where chemicals are decanted or repackaged on site

 

Sheep and cattle dips

Public or private facilities

 

Stock and sale yards

Associated with waste, wash-down facilities and stock dips or other pest treatments

 

Tanning and associated trades

 

Asbestos

Asbestos Disposal#

Where asbestos containing material has been buried for permanent disposal

 

Asbestos production and disposal

Includes mining and asbestos product manufacturing

 

Demolition without asbestos clearance

A building with significant ACM demolition without providing an asbestos clearance

Chemical

Acid/alkali plant and formulation

 

 

Battery manufacture, storage and recycling

Commercial scale storage of used batteries

 

Chemical storage facilities

Includes the bulk storage and handling of chemical in association with other activities

 

Chemicals manufacture and formulation

 

 

Defence works

UXOs, fuels and chemical use or storage

 

Dry cleaning establishments

 

 

Hospitals

Incinerators and boilers, radioactive wastes

 

Laboratory

Place equipped to conduct scientific experiments, tests, investigations, etc., or to manufacture chemicals, medicines, or the like. Includes large scale photographic labs etc.

 

Paint formulation and manufacture

 

 

Paper and printing works

Commercial printeries with significant stores of ink and solvents

 

Pesticide manufacture and formulation

 

 

Wood preservation

 

Fuel

Liquid fuel depots

 

 

Oil production and storage

Oil refineries

 

Service stations

 

 

Store and dispense 450l or more of fuel or oils

Fuel storage on land where primary land use is not otherwise listed

Industry

Cement works

 

 

Drum re-conditioning works

 

 

Electrical manufacturing (transformers)

 

 

Electroplating and heat treatment premises

 

 

Engine works

Manufacture of engines

 

Explosives industry

Includes explosives magazines, ammunition and fireworks manufacture and testing.

 

Gas works

 

 

Heavy industrial storage establishment

Storage of goods, materials, plant or machinery for commercial purposes

 

Heavy industrial workshops and metal fabrication

Includes welding, sand blasting, spray painting

 

Iron  and steel works

 

 

metal treatment

 

 

Mining and extractive industries

Including mineral or ore processing or coal washing etc.

 

Paper pulp or pulp products industries

 

 

Pet food manufacturing

As distinct from food manufacturing

 

power stations

 

 

Sawmill or log processing works

Relating to often being off grid using steam or liquid fuel driven machinery, also drying kilns and use of pesticides

 

Small engine service and repairs

Lawnmowers and other small engine not considered motor vehicles

 

Smelting and refining

 

 

Storage of plant and equipment

Generally informal storage of equipment that may lead to land contamination

 

Vehicle body repair workshops

Panel beaters and spray painting

Transport

Air transport facilities

Includes heliports and all ancillary buildings

 

Emergency services facilities

Police, Ambulance Fire, SES have often included fuel storage

 

Freight transport facility

 

 

Motor vehicle service and repairs

Including cars sales yards and tyre shops

 

railway yards

 

 

Truck or transport depots

Place used for the servicing and parking of trucks, earthmoving machinery and the like

 

Vehicle washing

Where involved in truck washing or engine degreasing for the public or as a standalone operation

Waste

Contaminated soil and groundwater  treatment works

 

 

Junk yard

Land used for the collection, storage, abandonment or sale of scrap metals, waste paper, bottles or other scrap materials or goods, or land used for the collecting, dismantling, storage, salvaging, or abandonment of cars or other vehicles or machinery or for the sale of their parts.

 

landfill sites

Sites use for the disposal of waste

 

Oil Recycling

 

 

Scrap yards

 

 

Sewage treatment plants

 

 

Site used for illegal waste disposal

 

 

Use of uncertified fill

Land has been levelled or reshaped with fill material that has not been certified as suitable and or the filling has not been approved

 

Waste storage and treatment

 

Other

Commercial or industrial fixed plant with liquid fuels, e.g. generator sets.

 

 

Rifle or shooting range

 

 

Site that includes large electrical transformers or switch gear

Including electrical substations and transformers or switchgear for large industrial premises.

 

Site that is impacted by off-site contamination

Sites that would require contamination assessment due to the impacts of contamination derived from land that is being regulated by the EPA under Part 3 of the CLM Act.

 


 

Appendix B Standard Conditions of Consent

Development Applications for contaminated sites

Request for information

Site History

A review of the historical land uses of the site is required to ensure that any activities that have the potential to cause land contamination are identified. Council requires this information be forwarded with a statutory declaration by any person furnishing relevant information declaring that the information is true and complete to the best of their knowledge.

 

Where a potentially contaminating activity is identified, a relevant contaminated site investigation will be required and shall be carried out in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultants reporting and for Site Audits.

 

Preliminary investigations

A preliminary contaminated site investigation is required to be submitted prior to further assessment of DA Number/year. The preliminary investigation shall be carried out in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultants reporting and for Site Audits.

 

Detailed investigations

A detailed contaminated site investigation is required to be submitted prior to further assessment of DA Number/year. The detail Investigation shall be carried out in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultants reporting and for Site Audits.

Deferred Commencement or prior to Construction Certificate:

Remediation Action Plans

A Remediation Action Plan (RAP) is to be prepared that addresses the contamination identified in [report(s) details Title, Author, Date]. The RAP must be prepared in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultant’s reporting and for site audits.

[Any remediation carried out prior to commencement is subject to the requirements to either obtain consent or notify Council in accordance with SEPP 55 and Council’s policy.]


 

Validation

A validation report shall be provided to Council to confirm that the RAP has been carried out. The validation report must be prepared in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultants’ reporting and for Site Audits.

Any recommendations identified in the validation report shall be binding on the development.

Environmental or Site Management Plans

A Site Management Plan (has the same meaning as an Environmental Management plan as defined in the Guidelines for the NSW Site Auditor Scheme (2nd edition) (DEC NSW 2006)), if required to make the site suitable for the development, shall be submitted to Council for approval. In consideration of approval of the site management plan, Council shall have regard to how land use will be restricted, compliance with any ongoing monitoring and responses to unsatisfactory monitoring results. The Site Management Plan must be prepared in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultants reporting and for Site Audits.

A restriction or covenant requiring compliance with the approved site management plan must be registered on the title under section 88E of the Conveyancing Act 1919 or section 29(3) of the Contaminated Land Management Act 1997. Council is to be named as the only party able to vary or release the restriction or covenant.

Site Audit Statement

A Statutory Site Audit Statement stating that the land is suitable for the proposed development as [insert SAS land use category of the development] land use shall be provided to Council. Please note the requirements specified in Council’s policy for Site Audits.

Category 1 remediation:[1]

 

1      Remediation activities shall be carried out in accordance with the RAP [insert details of RAP: title, author, date]. Any variation to the RAP must be communicated to Council before work is substantially commenced to determine if any proposed variation will require reassessment under s96 of the EP&A Act.  

2      Remediation work is to be carried out by a suitably qualified and experienced contractor under the guidance of a contaminated land consultant who meets the requirements of Council’s Contaminated Land Policy in relation to reporting, certification and insurances.


 

3      A site auditor shall oversee the remediation [and must be, where practicable, the same site auditor that has reviewed the RAP]. The site auditor will need to provide a site audit statement for the validation report and any Environmental or Site Management Plan stating that the land is suitable for the proposed development as [insert SAS land use category of the development] land use shall be provided to Council.

4      A Construction Certificate shall be required for any structure required to carry out the remediation.

Community consultation

5      Adjoining property owners must be notified in writing of the commencement date of the remediation activities at least 7 days prior to remediation activities commencing on site.

6      A sign identifying the contact details of the remediation contractor must be displayed at the site for the duration of the remediation activities. The sign must identify the phone numbers for the duration of the remediation activities.

7      While the remediation activities are being undertaken the contractor must maintain a written record of any complaints received in relation to the conduct of the remediation. The written record must include each complainant's name and address, the time and date that each complaint was made, the nature of each complaint and the actions taken to address the complaint. The record may be requested by Council officers during the conduct of remediation, in which case the record must be made available to Council.

8      Any complaint received by the contractor in relation to the remediation activities must be notified to Council during Council business hours as soon as possible and in all cases no later than 2 business days following the date that the complaint was received by the contractor.

Managing Impacts

9      Remediation activities must not cause any environmental harm outside of the area nominated for remediation within the site. Erosion and sediment controls must be in place to prevent any soil leaving the remediation site. Runoff from areas of contaminated soil, whether in situ, stockpiled or in excavation pits, must not be permitted to leave the site without relevant testing or treatment.

10   Remediation must not create visible dust that extends beyond any site boundary.

11   Remediation activities must not cause offensive noise (as defined by POEO Act) and avoid the production of vibration that may impact nearby properties.

12   Remediation activities must be managed to ensure that dust, odour, gases or fumes are not emitted beyond the boundary of the remediation site. Appropriate monitoring equipment must be used to demonstrate compliance with the condition.

Dealing with Waste

13   All liquid and solid waste must be classified in accordance with the Protection of the Environment (Waste) Regulation2014 and related guidelines.

14   All waste transported from the remediation site must be covered in a vehicle suitable for that waste material. There must be no tracking of soil onto public roads.

15   Any receiver of waste material must be properly licensed by the EPA to receive that waste. If a non-licensed premises is intended to receive waste from the site then an approved notice within the meaning of Section 143(4) of the Protection of the Environment Operations Act (Section143 Notice) must be supplied prior to removal of the material from the remediation site.

16   Details of material removed including volume, mass, classification, destination and any Section 143 Notices are to be included in the validation report.

17   All waste transport routes must avoid where possible all sensitive land uses such as residential areas, schools, preschools, etc, as well as bus routes and particularly school bus pick up and drop off periods.

Validation report

18   A validation report shall be provided to Council along with the notice of completion required under Clause 17(2) of SEPP 55 to confirm that the remediation has been carried out in accordance with the requirement this consent and SEPP 55. The validation report must be prepared in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the National Environmental Protection (Assessment of Site Contamination) Measure (1999).

Environmental or Site management plan

19   If the validation report recommends or requires the implementation of an ongoing site management plan (has the same meaning as an Environmental Management plan as defined in the Guidelines for the NSW Site Auditor Scheme (2nd edition DEC NSW 2006) or a  site management plan is otherwise required, the site management plan must be prepared in consultation with Council in regard to how land use will be restricted, compliance with any ongoing monitoring and responses to unsatisfactory monitoring results.

20   Assistance must be provided to Council (including by executing relevant documents) to enable registration of a restriction or covenant requiring compliance with the site management plan that must be registered on the title under section 88E of the Conveyancing Act 1919 or Section 29(3) of the Contaminated Land Management Act 1997. Council is to be named as the only party able to vary or release the restriction or covenant.


 

Appendix C Summary Report Template

Contaminated Land Management Summary Document -Pursuant to Orange City Council Contaminated Land Policy

Real property Description and address

 Address                                     . Lot       DP       Parish              County

Dates of investigation or remediation

 

Main Areas of Concern

e.g. fuel tanks, waste area, storage of chemicals, processing area

 

 

Notable contaminant concentrations eg maximum specific concentrations and validation results

Maximum soil concentrations in soil removed – Analyte  mg/kg,

Residual soil concentration - Analyte  mg/kg

Maximum ground water concentration Analyte  mg/l

 

Nature of works carried out

Soil investigation, ground water investigation, excavation, on-site remediation, removal of soil etc. Validation sampling, backfilled with imported soil with ENM classification.

 

 

Nature and extent of residual contamination

Contamination identified in investigation, Contamination unable to be remediated within the scope of the work, or areas not assessed.

 

 

Risk Factors

Reference to conceptual site model.

 

Waste removed

During remediation

 

Remediation Summary

What was removed or treated? Was it successful, is residual remediation remaining?

 

.

Statement of suitability

The land is considered suitable for [residential, residential with limited soil access, open space, industrial/commercial] land use, other (describe)

.

Endorsement

This is an accurate summary of the report titled:
Produced by:

Dated:

Provided to Orange City Council on:

Name:                                                                  Signature:

Certification details

 

 

Summary Document – Site Plan. Please note areas of concern, contamination removed or remediated and any residual contamination or risk factors.

 


Council Meeting                                                                                          16 August 2016

 

 

5.8     Orange Showground Pavilion

TRIM REFERENCE:        2016/1820

AUTHOR:                       Scott Maunder, Director Community, Recreation and Cultural Services    

 

 

EXECUTIVE Summary

This report seeks Council’s direction on the Construction of the Orange Showground Pavilion.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “8.2 Our Community – Seek innovative and creative solutions in partnership with key stakeholders that convert the demonstrated community need for cultural services/facilities to infrastructure and activities”.

Financial Implications

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Should Council adopt recommendation 2 below the funding source for the additional cost of the project would comprise $100,000 being reallocated from the budgeted drainage works project at Orange Showground leaving a balance of $400,000 and $50,000 being reallocated from the Moulder Park capital works program with these works to be deferred by 12 months.

 

The remaining $400,000 allocation for the showground drainage works represents grant funding which must be spent on this project.

 

Policy and Governance Implications

Nil

 

Recommendation

That Council adopt one of the following options for the construction of the pavilion at the Orange Showground:

1    Construct the 60m x 33m pavilion to be completed within the approved budget of $1,445,417

OR

2    Construct the 80m x 33m pavilion at an additional cost of $150,000 with the funding source to comprise $100,000 being reallocated from the budgeted stormwater harvesting works at Showground and $50,000 being reallocated from Moulder Park capital works with these works being deferred by 12 months.

 

 

further considerations

The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:

Service Delivery

There is a strong community expectation that the Council will progress the development and increased utilisation of the Showground.

Image and Reputation

A well-considered and fiscally responsible development has the potential to deliver positive goodwill.

Stakeholders

Council has held negotiations with members of the Showground Committee and community groups for many years to develop and enhance the showground. A new agreement was reached between Council and the Showground Committee for its management. A key element of that agreement was the contribution towards the construction of a new pavilion.

SUPPORTING INFORMATION

At its meeting of 5 April 2016 Council resolved:

 

RESOLVED - 16/124                                                                                 Cr R Kidd/Cr S Munro

That Council endorse the construction of an 80m x 33m pavilion at the Orange Showground at a budget of $1,445,417.

 

Since that time Council has been working with the company engaged by Council for the construction of the Pavilion. As a component of those works the following actions have been completed:

 

·    Conduct of Geotechincal Report

·    Completion of civil design for earth works

·    Review and completion of civil design for concrete slab and access

·    Completion of hydraulic engineering for fire compliance

·    Completion of sediment control plan

·    Completion of electrical design specification

·    Verification of noise attenuation

·    Confirmation of parking design and set out

 

These activities have resulted in the identification of a number of additional works that are required for the construction of the pavilion and include:

 

·    Due to the poor condition of the ground material (uncontrolled fill) as highlighted in the geotechnical report, the thickness of the concrete slab was increased by 23% from 130mm to 160mm

·    The addition of a concrete driveway and car parking at a standard required to enable the movement of heavy vehicles resulting in a depth of concrete of 160mm and a surface area of 670m2.

·    Identification of the requirement to remove 827m2 of earth from the project site – which equates to approximately 85 standard truck movements.

·    Requirement for additional fire services

·    Requirement for retaining wall to the north of the pavilion and loading dock to the east to enable access to the sheep pavilion.

 

The additional costs to the project are approximately $150,000.

In an effort to reduce these costs Council has investigated the possibility of the installation of a geohex style product to replace the concrete works on the entrance to the pavilion. However whilst the use of this product would result in a saving of approximately $60-75,000, it requires the capping with a road base style fill. It is not regarded as an acceptable substitute as during any periods of wet weather road base style material would be tracked into the pavilion. In addition there would be ongoing maintenance costs which would reduce the saving to Council over time.

All other elements of the pavilion and associated works have also been reviewed however no further cost savings were able to be identified if the 80m x 33m pavilion were to proceed.

Council staff and the manufacturer have identified that should the pavilion be reduced to 60m x 33m it would result in cost savings of $145,000 and allow for its construction within the budget approved by Council.

Should the 60m x 33m only be approved it would incorporate the following elements to ensure the expansion to 80m x 33m could proceed if funding became available:

1    Western driveway to remain in the final position as required for the final 80m optio n.

2    Civil works will still be undertaken in the area between the end of the 60m option and the final position of the 80m option with the exception of the bored piers. 

3    The designed floorslab will be provided from the end of the 60m option out to meet the western driveway for the width of the 9m door opening including the setdown required at the gable end of the 80m option.                                                  

4    External paving will be terminated at the end of the 60m option and return to the western driveway slab along the western gable end wall.

5    Stormwater would be completed in accordance with the 80m option with downpipe collection lines being terminated for future use.                           

6    A setdown would be provided to allow waterproofing of the end wall & door.  This will be filled with "Ardet" or similar when the 80m option proceeds.

                                     

When Council exhibited the initial additional project shortfall cost which closed on 24 March 2016, ten submissions were received supporting the construction of the 60m x 33m pavilion. The summary of the reasons supporting the 80m x 33m facility as opposed to the 60m x 33m facility were:

 

·    Required for use by sporting groups

·    Required for use by community groups

·    A 60m pavilion limits the scope of use

·    Will provide a long term benefit to the community of Orange

·    80m x 33m pavilion required to host activities such as Farmers Markets

·    Would enable Council to host larger functions

·    80m x 33m would be better especially for winter events such as roller derby, music, car and other exhibitions, the Farmers Market is getting larger every year and horse eventing is increasing

·    Cost to expand in the future would be much more than to construct now

·    Will enable the attraction of new and interested clubs and shows that currently do not visit Orange due to lack of facilities.

 

Attachments

1          Pavilion Civil Works May16, D16/22145

2          Showground Geotechnical report, D16/32158

3          Showground Slab Engineering, D16/32164

  


Council Meeting                                                                                                                    16 August 2016

5.8                       Orange Showground Pavilion

Attachment 1      Pavilion Civil Works May16

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Council Meeting                                                                                              16 August 2016

5.8                       Orange Showground Pavilion

Attachment 2      Showground Geotechnical report

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Council Meeting                                                                                                                    16 August 2016

5.8                       Orange Showground Pavilion

Attachment 2      Showground Geotechnical report

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Council Meeting                                                                                              16 August 2016

5.8                       Orange Showground Pavilion

Attachment 2      Showground Geotechnical report

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Council Meeting                                                                                                                    16 August 2016

5.8                       Orange Showground Pavilion

Attachment 3      Showground Slab Engineering

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Council Meeting                                                                                          16 August 2016

 

 

5.9     Development Application DA 159/2016(1) - 212-220 Summer Street

TRIM REFERENCE:        2016/1848

AUTHOR:                       Andrew Crump, Senior Planner    

 

 

EXECUTIVE Summary

Application lodged

10 May 2016

Applicant/s

CPRAM Investments Pty Ltd

Owner/s

Alceon Group Pty Limited

Land description

Lot 564 DP 776383 - 212-220 Summer Street, Orange

Proposed land use

Commercial Premises (alterations and additions to existing building)

Value of proposed development

$6,838,134

Council's consent is sought to undertake alterations and additions to an existing commercial building on land described as Lot 564 DP 776383. The land is known as 212-220 Summer Street, Orange.

As Council would be aware, Myer recently announced that they would vacate their existing tenancy later in the year; and this application seeks consent to undertake alterations to the area of the Orange City Centre currently occupied by Myer. The proposal involves creating individual commercial tenancies on both the ground floor and first floor.

Individual shop fitouts and first use development consents will be required once tenants are known. Additionally, business identification signage and outdoor dining will also be subject to future development applications (or separate applications for outdoor dining).

The primary consideration of this application relates to the impact upon the heritage significance of the building, which is identified as a heritage item and is a prominent building in the central conservation area.

The development is considered satisfactory and is recommended for approval.

This report has been prepared for Council’s consideration given the urgency expressed by the applicant to have the matter determined.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “13.4 Our Environment – Monitor and enforce regulations relating to City amenity”.

Financial Implications

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.


 

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Policy and Governance Implications

Nil

 

Recommendation

That Council consents to development application DA 159/2016(1) for Commercial Premises (alterations and additions to existing building) at Lot 564 DP 776383 – 212‑220 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

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

THE APPLICATION

Council's consent is sought to undertake alterations and additions to an existing commercial building on land described as Lot 564 DP 776383. The land is known as 212-220 Summer Street, Orange.

THE PROPOSAL

The proposal involves the division of the existing singular commercial tenancy into individual tenancies over both the ground and first floors. The ground floor alterations will consist of the following:

·    four “specialty” tenancies addressing summer street (the easternmost addressing Post Office Lane also);

·    new shop fronts (at time of future tenancy fitout);


 

·    eight completely internal “specialty” tenancies and one tenancy with both internal access and access to Post Office Lane,

·    two “mini major” tenancies (one larger internal tenancy and the other with frontage to Anson Street);

·    two small kiosks;

·    reinstatement of the central main entrance in the Summer Street façade and new openings to Post Office Lane;

·    new escalators, stairs and lift;

·    goods lift near existing loading dock; and

·    new exterior paint scheme.

First floor alterations consist of:

·    creation of three “specialty” tenancies;

·    central corridor;

·    two voids over the ground floor;

·    amenities corridor and new amenities.

MATTERS FOR CONSIDERATION

Section 5A Assessment

In the administration of sections 78A, 79B, 79C, 111 and 112, the provisions of Section 5A must be taken into account for every development application in deciding whether there is likely to be a significant effect on threatened species, populations or ecological communities or their habitats. This section includes a requirement to consider any adopted assessment guidelines, which means assessment guidelines issued and in force under section 94A of the Threatened Species Conservation Act 1995. Assessment guidelines are in force (see DECC-W “Threatened Species Assessment Guidelines - The Assessment of Significance”) which requires consent authority to adopt the precautionary principle in its assessment.

The subject land is described as a highly disturbed commercial building with zero effect on threatened species, populations or ecological communities.

Section 79C

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

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

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under subclause 2. Those relevant to the application are as follows:


 

(a)     to encourage development which complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

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

(f)      to recognise and manage valued environmental heritage, landscape and scenic features of Orange.

The application is considered to be consistent with aims (a), (b) and (f).

Clause 1.6 - Consent Authority

This clause establishes that, subject to the Act, Council is the consent authority for applications made under the LEP.

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

This clause provides that covenants, agreements and other instruments which seek to restrict the carrying out of development do not apply with the following exceptions.

·    covenants imposed or required by Council

·    prescribed instruments under Section 183A of the Crown Lands Act 1989

·    any conservation agreement under the National Parks and Wildlife Act 1974

·    any trust agreement under the Nature Conservation Trust Act 2001

·    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 under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.

Council staff are not aware of the title of the subject property being affected by any of the above.

Mapping

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

Land Zoning Map:

Land zoned B3 Commercial Core

Lot Size Map:

No Minimum Lot Size

Heritage Map:

Heritage item and conservation area

Height of Buildings Map:

building height limit 12m

Floor Space Ratio Map:

floor space limit 2.0:1

Terrestrial Biodiversity Map:

No biodiversity sensitivity on the site


 

Groundwater Vulnerability Map:

Ground water vulnerable

Drinking Water Catchment Map:

Not within the drinking water catchment

Watercourse Map:

Not within or affecting a defined watercourse

Urban Release Area Map:

Not within an urban release area

Obstacle Limitation Surface Map:

No restriction on building siting or construction

Additional Permitted Uses Map:

No additional permitted use applies

Those matters that are of relevance are addressed in detail in the body of this report.

Part 2 - Permitted or Prohibited Development

Land Use Zones

The subject site is located within the B3 Commercial Core zone. The proposed development is defined as a commercial premises under OLEP 2011 which means:

commercial premises means any of the following:

(a)     business premises,

(b)     office premises,

(c)     retail premises.

Council would ordinarily seek to characterise a particular development’s land-uses to the closest and best fit under the LEP rather than use the higher order uses such as commercial premises. Notwithstanding this, given that the application seeks consent only to create a series of commercial tenancies with the exact uses of the tenancies unknown at this stage, it is considered appropriate to characterise the development as a commercial premises for the purposes of this assessment.

Commercial premises are permissible with the consent of Council in the B3 Commercial Core zone.

Clause 2.3 of LEP 2011 references the Objectives for each zone in LEP 2011. These objectives for land zoned B3 Commercial Core are as follows:

1 - Objectives of the B3 Commercial Core Zone

·   To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.

·   To encourage appropriate employment opportunities in accessible locations.

·   To maximise public transport patronage and encourage walking and cycling.

·   To promote development that contributes to the role of the Orange CBD as the primary retail and business centre in the City and region.

The development is not antipathetic with the objections of the B3 Commercial Core zone.

Clause 2.7 - Demolition Requires Development Consent

This clause triggers the need for development consent in relation to a building or work and the applicant has sought consent.


 

The demolition relates to the internal fabric of the existing commercial building and new opening in the exterior eastern elevation outwardly facing Post Office Lane. Further assessment as to the appropriateness of the fabric to be removed is addressed in the Heritage Considerations under the LEP.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.3 - Height of Buildings

This clause limits the height of buildings (HoB) on land identified on the Height of Buildings Map. The subject land is identified on the Map as having a HoB limit of 12m. The applicant is not proposing to alter the height of the existing building.

Clause 4.4 - Floor Space Ratio

This clause limits the floor space ratio (FSR) permitted on land identified on the Floor Space Ratio Map. Clause 4.5 is associated with this clause and establishes the rules for calculating the site area and FSR of any proposal.

The subject land is identified on the Map as having an FSR of 1.5:1. The applicant is not seeking consent to increase the floor area of the buildings within the site, and as such the floor space ratio will not change.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

The subject land is identified as a heritage item of local significance and is also located in the central heritage conservation area and plays an important contributory role in the conservation area. The heritage inventory sheet for the property provides the following statement of significance for the property:

An important late Victorian country department store of regional NSW, built and originally owned by James Dalton, notable and prominent early Irish merchant. This building is part of an important group of substantial structures including the Post Office and Palmer's Building (former AJS Bank) as well as a row of Victorian shops and the corner bank from the 1930s, complementing the streetscape in the vicinity and contributing to the Conservation Area as an item of significance.

A heritage Impact statement has been prepared for the development which endeavours to:

assess the potential heritage impact of the proposed works on the subject site, proximate listed items and the conservation area generally.

The Heritage impact statement provides the following statement of significance:

The Myer Building has historic and aesthetic significance in the local area.

The building is located prominently in the heart of Orange. It was originally owned by James Dalton and was built in three stages (1865-1899). It represents early commercial development and growth in Regional NSW from the middle of the 19th century until the turn of the century.

The building is a representation of the Victorian Regency style albeit it has been much altered both internally and externally including a central infill section, alterations to the windows and various ground floor and internal refits (see image below). The building is part of a notable early streetscape which comprises such prominent building as the Post Office, Palmer’s Building, a row of Victorian shops and the corner bank from the 1930s.

The following comprises an assessment of the applicable statutory controls under the LEP.

(1)     Objectives

          The objectives of this clause are as follows:

(a)     to conserve the environmental heritage of Orange,

(b)     to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c)     to conserve archaeological sites,

(d)     to conserve Aboriginal objects and Aboriginal places of heritage significance.

The development is not inconsistent with the above objectives. The applicant has sought to retain as much of the original significant fabric as practicable; and where fabric is to be removed photographic archival and interpretation strategies have been offered to offset the removal of significant fabric. These are considered acceptable mitigation measures in the circumstances. In addition to this, appropriate conditions are attached with the objective of retaining additional significant fabric to ensure the continued legibility of the item is achieved.

(2)     Requirement for Consent

          Development consent is required for any of the following:

(a)     demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

(i)      a heritage item,

(ii)     an Aboriginal object,

(iii)    a building, work, relic or tree within a heritage conservation area,

(b)     altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,

(c)     disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(d)     disturbing or excavating an Aboriginal place of heritage significance,


 

(e)     erecting a building on land:

(i)      on which a heritage item is located or that is within a heritage conservation area, or

(ii)     on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

(f)      subdividing land:

(i)      on which a heritage item is located or that is within a heritage conservation area, or

(ii)     on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

The development requires the consent of Council which the applicant has sought through the lodgement of this application.

(4)     Effect of Proposed Development on Heritage Significance

          The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

An assessment of the effect of the proposed development upon the heritage significance of the heritage item and the conservation area generally is undertaken below.

(5)     Heritage assessment

          The consent authority may, before granting consent to any development:

(a)     on land on which a heritage item is located, or

(b)     on land that is within a heritage conservation area, or

(c)     on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

A heritage impact statement including graded significance mapping of internal and external fabric has been undertaken which satisfies the requirements of the above clause.

(6)     Heritage Conservation Management Plans

          The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

Council’s heritage advisor has not recommended a conservation management plan be prepared.


 

ASSESSMENT OF HERITAGE IMPACT

The primary heritage considerations relate to the removal of significant fabric within the building; along with the penetrations in the original 1868 portion fronting Post Office Lane.

The applicant has provided graded significance mapping of the subject building for the ground floor and exterior; and listed elements of significance for the first floor.

The following assessment is broken up into the major elements of the building; ie Summer Street façade, original 1868 Post Lane elevation, internal fabric ground floor and internal fabric first floor.

Northern Elevation - Summer Street

The significance mapping notes the exterior element of the Summer Street elevation above the awning, save for the later horizontally proportioned central glazing, as having high significance.

These elements of the building will remain intact and unchanged apart from a new heritage paint scheme, details of which have been submitted and are considered acceptable. However, to ensure that this happens in an acceptable manner, a condition is attached that requires full details of external colours and finishes which includes illustrative drawings and palette and also includes a paint demonstration on the building.

Council’s Heritage Advisor requested that consideration be given to removing the intrusive circa 1980s horizontally proportioned window in the central arch and reinstating the original arch fenestration. The applicant initially responded to this request by stating:

At this stage no change is sought to the central arch window on the Summer Street Elevation. Alceon acknowledge that Council would consider this amendment as part of a heritage grant process however this is a separate process to this DA.

Whilst it is unfortunate that the applicant intends to leave the subject window as is, it is nonetheless an approved window and Council does not have the power to enforce the emended window design as suggested by Council’s Heritage Advisor.

The shopfronts are listed as neutral significance and there is no dispute of this assessment. Nonetheless, they are a prominent element within the streetscape and they contribute to the central heritage conservation area, and as such notwithstanding the neutrality of the heritage significance of the shopfronts, they remain an important consideration. Correspondence from the applicant (including indicative shopfront design) suggests that the individual future tenants will be responsible for their respective shopfronts. It is considered important to ensure that a consistent theme of shopfront is achieved across the building to maintain the integrity of the building at street level. For the avoidance of doubt this consent does provide approval of new shopfronts subject to the relevant conditions.

Council’s Heritage Advisor has provided the following to better inform the future detailed design of the shopfronts:

It is recommended by Council’s Heritage advisor that the indicative steel framed entry doors and shopfronts are generally acceptable to Summer Street with the exception of the rendered and painted wall. It is recommended that these areas are clad in a dark charcoal  grey material and accompanied by a Deep bronze Green or similar framing.


 

As such, a condition is attached that requires a consistent theme of shopfronts fronting Summer Street (as well as Post Office Lane) incorporating the above comments and that interprets the Dalton character, with details of such required prior to the issue of a Construction Certificate.

The awning over the footpath is listed as Moderate Significance, and comprises mostly original pressed metal. There is no proposal to remove this fabric. No further consideration is necessary other than that an under-awning lighting scheme is required. A relevant condition is attached in this regard.

The proposal to reinstate the central main entrance (currently unused/boarded up) will make a positive contribution to the significance of the building as it will mean that the building will function in the way it was intended when the two buildings (eastern 1868 Elizabethan building and western 1873 building) were joined in 1895. Council staff commend the applicant on this aspect of the development.

Eastern Elevation - Post Office Lane

The significance mapping shows the original 1868 portion of the Post Office Lane elevation as having high significance. A notation on the significance mapping indicates that fabric beyond (south of the original 1868 building) the original 1868 building is of little significance. The mapping also notes the existing return awning as being of moderate significance. It also notes two openings as being of neutral significance.

Council staff agree with the assessment of significance for this elevation.

Given the agreed level of significance of this elevation, there have been contentions surrounding the appropriateness of such significant penetrations and the resultant loss of fabric where the shopfronts are created for the two specialty shops within the Post Office Lane frontage and the glazing into the stairwell area.

Council’s Heritage Advisor requested the following in relation to the additional glazing in Post Office Lane:

The loss of original brickwork is substantial for the creation of two substantial equal shopfronts and entrances. The need for additional glazing to address the current retail trends is appreciated. However in this particular circumstance, the value of the original building is worthy of expression. It is therefore recommended that each of the two shopfronts be divided into three glazed elements with retained brick piers between each glazed element and appropriate steel expressed framing be used to support and frame the glazed elements. The intention is that the appearance is one of a brick wall which is pierced to provide glazed windows as opposed to a wall which is removed

The main entry proposition in PO Lane is appreciated however it fails to respect and interpret the original fabric of the brick wall and the various details evident in that wall. It is therefore recommended that the fenestration use vertical proportions and that it be framed in steel sections set proud of the existing brick wall so as to express the required prominence of the entry. Review how the original arched entry works to appreciate the intent

The three display windows are appreciated.


 

There are other brick details in that long wall where windows and doors have been modified. It is recommended that this wall be stripped back to face brick and used to connect with the three display inits. Soft canopies are not supported and simple steel projections are preferred to contemporaries this important elevation. No false arches or other faux treatment is recommended within PO Lane

All earlier screens to be removed and the brickwork expressed for texture and vandal resistance

The applicant responded to the above with the following:

We have reviewed the drawings and the following amendments have been made to Post Office Lane:

·   The drawings show the addition of a retail tenancy to the south of the Post Office lane entrance which will assist in further activating the laneway. The Back of House passage is realigned as a result.

·   The amount of glazing on Post Office Lane is reduced and additional painted masonry column elements have been incorporated to draw reference to the original built form. Exposed brick and contemporary masonry will be used between the glazing creating vertical proportions.

·   The proposal will incorporate steel window and door mullions for the retail tenancies and at the mall entrance.

·   The glazed pop out display boxes face the back of house passage and as such will not be ‘true’ windows into this area. The similar steel window treatment is used.

·   No soft canopy awnings are proposed. The existing awning is retained to the north of the mall entrance. A simple steel awning is proposed above the main entrance and the southern tenancy.

Council’s Heritage Advisor has reviewed the revised plans and provides the following comment in relation to the specific recommendation that each of the two shopfronts be divided into three glazed elements with retained brick piers between each glazed element and appropriate steel expressed framing be used to support and frame the glazed elements. The intention is that the appearance is one of a brick wall which is pierced to provide glazed windows as opposed to a wall which is removed:

The modifications as shown in Drawing DA109 and DA104 are acceptable in this matter.

In relation to the revised main entry in post office lane Council’s Heritage Advisor provides the following:

·   The new arrangement includes a surround in face brick and two steel framed glazed elements below and above a canopy and two blade signs. The use of the new brick, subject to an acceptable blue/charcoal brick being selected will achieve the acceptable design and impact. The Advisor doubts the effectiveness of the two blade signs in the proposed locations however their impact is minimal and they are accepted;

·   Future details will be required for review prior to construction;


 

·   It is recommended that as Mitigation, the Applicant consider reinstatement of the wall supergraphic seen in the early 1919 photo on the upper wall of the Post Office Lane elevation. Council will consider supporting such a project.

In light of the above comments, a condition is attached that requires full details of external colours and finishes to be provided prior to this issue of a Construction Certificate. In relation to the large painted wall graphic, it would be appreciated if the applicant were to propose this as part of a future signage application.

The amended penetrations within the Post Office Lane elevation are acceptable and will make a significant contribution to how Post Office Lane is used in the future.

Ground Level

The significance mapping for the ground level identifies the following fabric as high significance:

·    a series of cast iron columns in the original 1868 portion of the building;

·    the cast iron spiral staircase to basement;

·    engaged brick columns; and

·    pressed metal ceiling.

A stairwell is identified as moderate significance and a series of central columns are identified as little significance.

In terms of the original 1868 cast iron columns, the applicant was previously proposing to retain two of the columns and has indicated that the remainder will be suitably recorded in the required archival record and interpretation strategy. However, Council’s Heritage Advisor requested the following in relation to the retention of the highly significant columns:

·    Removal of the significant columns on the ground floor is not supported given their significance. Removal to allow tenant flexibility is not regarded as significant justification for such substantial interference and costly works to the area of the building. Further detailed work is requested to investigate options for retention of the cast iron columns.

The applicant has responded with plans showing the retention of six posts on the ground level which are to be restored, with two placed at the Summer Street entrance and four placed at the main Post Office Lane entrance. The applicant provides the following in support of the relocated columns:

·   Two original ground floor columns were proposed for retention in the previously submitted plans. Acknowledging the high significance of some ground floor columns, the number of columns proposed for retention has been increased to 6. These columns would be salvaged during demolition works and reinstated at the entry points to the building.


 

The entry portals are identified as the most appropriate location for the reinstatement of the columns as the areas will be highly trafficable. This would ensure, with the proposed replicated pressed metal ceiling, that the early detailing of the building would be immediately apparent upon entry. Further, it should be considered that the new ceiling height of the ground floor would be higher than that existing. As such, reinstatement of columns would typically require their alteration such that they meet the new ceiling height. Placing the columns at the entry portal takes advantage of an opportunity to incorporate them below the internal/external awning which sits at a lower height than the rest of the new ceiling. This ensures that the height of the columns would not need to be altered and they are visibly serving a function. The treatment of all the existing columns have been discussed in further detail in the section below;

Council staff accept the above as one means of retaining some of the identified important fabric.

A further point of contention on the ground level relates to the load baring capacity of the floor above (ie ground floor ceiling and the pressed metal). It was originally proposed by the applicant that it would be necessary to remove the first level floor; and consequently the ground floor pressed metal ceiling which is identified as high significance being removed and replaced with replicated material. This was considered a significant impact and Council’s Heritage Advisor indicated that:

the replacement of the first floor is indicated as being required for structural and other compliances. Documentation from BCA and structural consultants should be provided to indicate that this is the case and under what circumstances the significant fabric could be retained.

The applicant responded to this with the following:

Alceon have taken this opportunity to clarify the Level 1 floor structure. The Structural Statement submitted with the original DA submission states “if the first floor is to be utilised as retail space for the new development, we recommend the floor is removed in its entirety and replaced with a new floor”.

Alceon does however wish to emphasise to Council that:

·   If an acceptable tenant is not identified then the first floor may very well be simply closed off

·   If a tenant is identified who does not require a new heavy loading concrete floor, then the existing timber floor may be made good and used

·   Alceon does not want to nominate the demolition of the first floor until this is the selected option as  the leasing demand with determine the ultimate final option for the first floor.

Overall, Alceon is prepared to accept any relevant conditions of consent in relation to this replacement or otherwise of the level 1 structure. 


 

Furthermore, the applicant’s heritage consultant has provided the following in relation the ground floor ceiling:

Unfortunately it is understood that the condition of the ceiling on the ground floor is in such a poor state due to later service penetrations that it is not feasible to salvage enough intact fabric for reuse.

The replication of the ceiling on the ground floor is proposed to indicate the original character of the building. It is recommended that this fabric be date stamped and that the future interpretation addresses this replication.

Council Heritage Advisor responded to the above comment with the following:

·   Council ‘s heritage advisor does not support the replacement of the first floor with a concrete slab given the significance of the overall structure

·   As pressed metal ceilings are a prominent portion of the entire interior, removal of all this fabric from the ground floor ceilings is not supported. This fabric is capable of repair and re-use as is new similar material should that be required. Further investigation is requested to indicate where the original pressed metal will be retained and or reused.

Council staff requested a response from the applicant in regards to the above comment from Council’s Heritage Advisor, noting that:

notwithstanding the comments within the correspondence from your office dated 17 June, further justification or alternative arrangement is requested. The consent will require some level of certainty around this matter.

The applicant responded to this request with the following:

Alceon has sought a more detailed investigation on the removal of the first floor slab and its structural integrity. An assessment of the load in various areas of the level 1 floor have been undertaken and determined that the floor is required to be replaced to ensure compliance with the Australian Standards as retail loads can not be supported. As such the removal of the columns is required to both ground and level 1.

Given some columns are of high significance, it is proposed to relocate six columns at ground and six at level 1 to positions within more prominent areas of the retail centre to demonstrate a link to the past and to better appreciate the exhibit the historic columns. Those columns which are preserved or in the best condition will be selected for relocation, where possible. Additional columns can be donated to the local heritage society if desired.

The columns are proposed to be incorporated into internal entrance portals on Summer Street and

Post Office Lane, utilising two columns and replicated pressed metal ceilings. It is not practical to relocate all columns as is a reality of speciality retail, unimpeded access and tenancy space is essential.


 

Notwithstanding the above comments from the applicant, Council’s Heritage Advisor has provided the following further advice:

·   Council appreciates the relocated posts in the PO Lane entry, however these are a reconstruction and while acceptable for the purpose of displaying these columns are not sufficient to display and interpret the composite building structure.  Standard heritage practice seeks to retain the integrity of the composite structure at the least with one example.

·   Council appreciates the study prepared by Geolyse in relation to the loading and fire performance.  While the report appears thorough, the key question to be asked and answered in situations where historic building elements remain and are of a high level of significance, is what are the methods and means of maintaining that specific area of floor and ceiling or at least a recognisable portion of that floor. Heritage architects, project managers and engineers are aware of all the reasons for demolishing earlier fabric including making construction simple, reducing cost and providing unconstrained tenancies however there are many examples of early warehouse and retail building conversions etc where elements have been conserved and upgraded. These include Gowings, Broadway Centre, Darling Harbour woolstores, Walsh bay offices, shops and flats etc. While these are Sydney sites there is no reason why Orange should not aim for similar standards and so the heritage principle of retaining a typical bay or portion intact is recommended. It is most likely to be found in the vicinity of the tenancies marked NS 7,8,9,13 and NS15 on the first floor

To this end a condition is attached that requires:

Urbis Heritage Consultants [or equivalent] to liaise with Geolyse or other experienced Engineers and Fire Consultants to a) determine which portion of the subject floor area has a worthy level of significance and b) the means of upgrading to achieve the proposed compliant use while mitigating the impacts. The area could be on the ground floor or on the first floor and should represent a nominal structural bay estimated at a nominal 10m square, include a set of columns ,beams and pressed metal ceiling.

Council staff appreciate the retention of the cast iron spiral staircase (albeit slightly relocated) and the continued access to the highly significant basement/cellar. No further assessment of these elements is necessary.

First Floor

No significance mapping has been undertaken for the first floor, however the correspondence from the applicant lists the significant fabric. The first floor comprises the following fabric identified as high significance:

·    six light well monitors

·    cast iron columns

·    pressed metal ceiling.

Not identified by the applicant but identified during a site visit:

·    small first floor goods pulley (in addition to second floor large goods pulley).


 

The applicant previously advised that all of the above elements will be retained. However, the most recent advice indicates that the cast iron columns will be removed from the first floor, with six restored and relocated as per the attached plans. As with the approach on the ground floor, Council staff accept this as one means of retaining some of the important fabric.

Council staff certainly view the proposal generally as a positive heritage outcome, and the development as a whole will make a positive contribution to the conservation area and the City more broadly. When dealing with heritage items of this level of significance, it is important to ensure that the overall integrity of the heritage item is maintained as the ultimate objective. Achieving this revolves heavily around the significant fabric of the building. Council staff are of the view that with the recommended conditions of consent the development will proceed in an acceptable manner in terms of heritage impact upon the significance of this important commercial building.

There are certain works such as the reinstatement of the central arch window in Summer Street and the large painted wall sign in the Post Office Lane elevation that may be eligible for heritage grant funding and Council staff would like to have further discussions with the applicant to explore the possibility of these works progressing. This will happen as a separate matter.

Part 6 - Urban Release Area

Not relevant to the application. The subject site is not located in an Urban Release Area.

Part 7 - Additional Local Provisions

7.2 - Flood Planning

This clause applies to land identified on the Flood Planning Map as a Flood Planning Area and requires that, before any consent is issued, Council must be satisfied that the proposal:

(a)     is compatible with the flood hazard of the land, and

(b)     is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c)     incorporates appropriate measures to manage risk to life from flood, and

(d)     is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e)     is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

The subject land is located in the flood planning area as defined by the LEP. However, as the building is existing building, no further consideration is warranted in relation to flood controls. Notwithstanding this, the applicant should be cognisant of Council’s Flood Risk Management Plan.


 

7.3 - Stormwater Management

This clause applies to all industrial, commercial and residential zones and requires that Council be satisfied that the proposal:

(a)     is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting onsite infiltration of water

(b)     includes, where practical, onsite stormwater retention for use as an alternative supply to mains water, groundwater or river water; and

(c)     avoids any significant impacts of stormwater runoff on adjoining downstream properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

Existing stormwater arrangements will be maintained. No major alternations are necessary and no additional stormwater retention will be required for the development.

7.6 - Groundwater Vulnerability

This clause seeks to protect hydrological functions of groundwater systems and protect resources from both depletion and contamination. Orange has a high water table and large areas of the LGA, including the subject site, are identified with “Groundwater Vulnerability” on the Groundwater Vulnerability Map. This requires that Council consider:

(a)     whether or not the development (including any onsite storage or disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and

(b)     the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.

Furthermore consent may not be granted unless Council is satisfied that:

(a)     the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)     if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact,

(c)     if that impact cannot be minimised - the development will be managed to mitigate that impact.

The proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems. The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion. The design and siting of the proposal avoids impacts on groundwater and is therefore considered acceptable.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy (Infrastructure) applies to the subject development, specifically Clause 45 - Determination of development applications and Clause 101 - Development with frontage to a classified road.


 

Clause 45

Clause 45 states:

45 - Determination of development applications - other development

(1)     This clause applies to a development application (or an application for modification of a consent) for development comprising or involving any of the following:

(a)     the penetration of ground within 2m of an underground electricity power line or an electricity distribution pole or within 10m of any part of an electricity tower,

(b)     development carried out:

(i)      within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or

(ii)     immediately adjacent to an electricity substation, or

(iii)    within 5m of an exposed overhead electricity power line,

(2)     Before determining a development application (or an application for modification of a consent) for development to which this clause applies, the consent authority must:

(a)     give written notice to the electricity supply authority for the area in which the development is to be carried out, inviting comments about potential safety risks, and

(b)     take into consideration any response to the notice that is received within 21 days after the notice is given.

The site comprises Essential Energy infrastructure in the form of cables and substation. Written notice was provided to Essential Energy and their detailed response, which relates to continued access to the above stated infrastructure and possible upgrade of the services to cater for the development, will be incorporated into the consent as Advisory Notes where appropriate.

Clause 101

Clause 101 states:

101 - Development with frontage to classified road

(1)     The objectives of this clause are:

(a)     to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b)     to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

(2)     The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a)     where practicable, vehicular access to the land is provided by a road other than the classified road, and

(b)     the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i)      the design of the vehicular access to the land, or

(ii)     the emission of smoke or dust from the development, or

(iii)    the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c)     the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

The above clause seeks to ensure that new development will not impact upon, nor jeopardise the continued function of the classified road. Council staff are of the view that the development will have largely an immaterial effect on the classified road as the building is existing and no significant changes are proposed to the appearance of the building visible from the travel lanes of the classified road. Moreover, no new vehicle access points are proposed, so there will be zero impact from the development in terms of access to the classified road. Finally, the use of the building is not a sensitive use, and as such traffic noise is not of concern. As such, the development will not unreasonably impact upon the continued operations of the classified road.

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

There are no draft environmental planning instruments that apply to the subject land or proposed development. A planning proposal has been lodged with Council seeking to amend the height of buildings development standard applicable to the land. This planning proposal is yet to be placed on public exhibition.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

Development Control Plan 2004

Development Control Plan 2004 (“the DCP”) applies to the subject land (Chapter 0 - OLEP 2011, Chapter 8 - Development in Business Zones, Chapter 13 - Heritage and Chapter 15 - Car Parking). An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

Pursuant to Planning Outcome 0.2-1 Interim Planning Outcomes - Conversion of Zones:

·    Throughout this Plan, any reference to a zone in Orange LEP 2000 is to be taken to be a reference to the corresponding zone(s) in the zone conversion table.

The corresponding zone to zone 3a Regional Centre (Orange LEP 2000) is zone B3 Commercial Core (Orange LEP 2011). As such, Orange DCP 2004 - Chapter 8 - Development in Business Zones is the chapter of primary relevance to this proposal in addition to the other chapters listed above.


 

Chapter 8 - Development in Business Zones

Planning Outcomes - Central Business District

·    Buildings have a high level of urban design to contribute to the regional status of the City’s Central Business District with attention given to façade features, external materials, colour and advertising.

The significant elements of the façade of the building will remain unchanged apart from an appropriate upgrade of the colour scheme. The development is a highly important building in the CBD and the very nature of this application will be a positive for the City’s status in the region.

·    Urban design demonstrates a clear reference to the CBD Strategic Action Plan.

The building will remain largely intact and untouched above street level, save for a cosmetic paint upgrade. At street level, the new shopfronts and reinstated central access within Summer Street are considered positive outcomes within the CBD. Additionally, the new openings into Post Office Lane and the resultant activation of Post Office Lane are viewed by Council staff as significant contributions to the improved design of Post Office Lane, and will undoubtedly improve the sense of place and provide additional meeting points for the public within the CBD. All of these attributes are viewed as positive urban design principles.

·   Provision of adequate fire-safety measures and facilities for disabled persons (according to the BCA) are addressed at the application stage (relevant for all development but particularly important where converting residential buildings for business use).

This is addressed below under the heading “Provisions Prescribed by the Regulations”, and relevant conditions are attached.

·   Land use complements the role of the CBD as a regional centre for commerce and services.

The building the subject of this application is arguably one of the most important buildings in the CBD, both for its historic value and also its role in how the CBD functions, with connectivity through the shopping centre to other parts of the CBD. The proposed development is considered by Council staff to contribute positively to the function of the CBD and will strengthen the role of the CBD as a regional centre.

·   The reinstatement of verandahs on posts over footpaths is encouraged.

This was addressed through the heritage assessment and the following justification was provided as to why reinstated verandah posts should not be required:

It is acknowledged that the building historically had a post supported verandah to both early sections.

However, it is considered that reinstatement of these veranda posts would not be appropriate for the following reasons:

·   Nowhere else on the section of Summer Street between Lords Place and Anson Street are there post supported verandahs, including the Centrepoint Arcade. As such, a reinstated verandah would be non-contiguous with this section of the streetscape; and

·   The façade of the building has been progressively altered over time to the point where it is difficult to determine which fabric is original and which is later. It is considered that adding faux elements into the façade would not facilitate a proper understanding of the evolution of the site.

Notwithstanding, it should be noted that Urbis will be preparing an Interpretation Plan for the site, with the specific purpose of celebrating the history of the building and communicating its original form. The original verandahs would be well represented in this interpretation such that a holistic understanding of the evolution of the building is facilitated.

Council staff accept the above justification and are not requiring verandah posts as part of this application.  

·    Car parking is provided to meet demand either as on-site parking areas or through contributions towards public parking in and adjacent to the CBD.

Car parking is addressed below under the heading “Chapter 15 – Car Parking”.

·    Advertising comprise business identification signs in accordance with SEPP 64

No advertising is proposed as part of this application.

·    Loading areas are provided for developments requiring access by large trucks in a manner that doesn’t reduce active frontages for important pedestrian pathways.

Existing approved loading arrangements will continue to serve the centre. It is noted that with the increased activation of Post Office Lane as part of this development, there will inevitably be an increase in pedestrian activity in the area, including the area of existing loading docks in Colvin Lane. To ensure the safety of pedestrians and reduce the risk of pedestrian/vehicle conflict, a loading/unloading management plan is required to be prepared for the operation of the loading dock. A condition is attached in this regard.

It is also noted that on the most recent plans a loading area associated with mini major B is proposed down a laneway in Anson Street. This laneway will not allow vehicles to enter and leave in a forward direction and as such is not supported. A condition is attached in this regard. It is noted that a loading area currently exists in front of the main entrance to the shopping centre in Anson Street which could be used.

·    Where possible, new buildings or external alterations in the CBD include an element of landscaping.

Whilst it would be desirable for landscaping to occur within the site, it is not possible given that the buildings on the land are built boundary to boundary.


 

Chapter 13 - Heritage

Planning Outcomes - Heritage Development

·    Development relates to the significant features of heritage buildings on or near the site, as reflected in inventory sheets.

·    Development conforms with recognised conservation principles.

·    Conservation Management Plans are prepared for development having a significant effect on heritage sites.

A detailed assessment of the impact upon the heritage significance against recognised heritage conservation principles has been undertaken above under the heading “Clause 5.10 of Orange LEP”.

Chapter 15 - Car Parking

Council’s DCP requires parking for shops and shopping centres in the CBD at the rate of 4.1 spaces per 100m2 of gross leasable floor area (GLFA).

Development consent was granted on 16 July 1985 for the construction of the City Centre. In that assessment the entire centre (including Grace Bros, the occupier of the tenancy the subject of this application at that time) required 432 car parking spaces onsite. In later amendments the number of physical spaces was reduced to 421, and monetary contributions were paid at the time for the equivalent of eight spaces.

Various amendments have occurred within the shopping centre over time, with parking considered at the time of each assessment. As such, the site is compliant for parking across the site under the existing situation.

The current arrangement of the tenancy the subject of this application comprises GLFA across the ground and first floor of 5,018m2 and 1840m2 respectively, totalling 6,858m2 (figures obtained from Geolsye report titled “Traffic Study - In support of a planning proposal”).

The total GLFA across the ground and first floor will be reduced from 6,858m2 to 5,841m2, attributed to the creation of mall area which is not defined as leasable floor area. As such, the development would generate a surplus in available parking for the englobo shopping centre of 41.7 spaces based on a reduction in GLFA of 1,017m2 as a result of the proposed arrangement of tenancies and creation of mall space.

The development is therefore considered satisfactory in regards to parking.

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

Demolition of a Building (clause 92)

The proposal involves the demolition of internal parts of the building to facilitate the proposed individual tenancies and a number of openings in the external wall in Post Office Lane. A condition is attached requiring the demolition to be carried out in accordance with Australian Standard AS2601 - 1991: The Demolition of Structures.


 

Fire Safety Considerations (clause 93)

Council’s Health and Building Surveyor advises the following in relation to fire safety matters for the development:

A preliminary fire safety engineering review submitted with the application indicates that a number of alternate solutions will required for the building to comply with the BCA for issues including (but not limited to) fire resisting construction, travel distances, direction of door swing, and type of exit doors. The PCA will require further detail at the CC stage to satisfy themselves of compliance with the BCA.

Buildings to be Upgraded (clause 94)

Council’s Health and Building Surveyor advises the following in relation to building upgrade matters for the development:

In addition to the fire safety issues raised above, a structural engineers report indicates that the first floor structure is structurally inadequate. The report recommends that the floor be replaced in its entirety or otherwise strengthening of the existing floor which will be difficult due ceiling linings being in the way.

Relevant conditions are attached.

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

Context and Setting

The subject land is described as an integral keystone in the functionality of the CBD for its connectivity to a major shopping centre and other parts of the CBD (ie Anson Street). The building is also a very visually prominent building in the streetscape due its size, appearance and general character. The proposed development will not alter the functionality of the building. If anything, the reinstated central entrance in Summer Street will enhance how the building functions. The development will remain an important commercial hub of the CBD. The development is considered appropriate in the context and setting.

Visual Impacts

The development will not materially alter the appearance of the building when viewed from Summer Street, save for new shopfronts and a new appropriate paint scheme. As such, the development is not likely to result in any unreasonable visual impacts in the locality. The development is more likely to enhance the visual appearance of the current building when viewed from within Summer Street.

Heritage Impacts

A detailed heritage assessment has been undertaken above under the heading “Clause 5.10 - of Orange LEP 2011”.

Traffic Impacts

All existing vehicle access points will be maintained. The development will have a negligible impact upon traffic.


 

Pedestrian Impacts

Existing loading and unloading arrangements will be maintained in Colvin Lane. However, with the activation of Post Office Lane as a result of this development, there is likely to be greater pedestrian movements in the location of the existing loading dock area. To ensure that these existing and approved arrangements continue to function appropriately, a condition is attached that requires a loading and unloading management plan that, as the primary objective of the plan, implements measures that ensure the safety of pedestrians during times of loading and unloading, and primarily focuses on managing reversing vehicles through the temporary closure of the laneway and on-the-ground spotters to ensure pedestrian safety.

Environmental Impacts

The subject land is located in a highly disturbed urban environment, and the likelihood of the development impacting upon significant vegetation or threatened species and their habitats is very unlikely. As such, the development is acceptable in terms of environmental impacts.

Cumulative Impacts

Cumulative impacts of a development can arise under four typical scenarios, namely:

·    time crowded effects where individual impacts occur so close in time that the initial impact is not dispersed before the proceeding occurs

·    space crowded where impacts are felt because they occur so close in space they have a tendency to overlap

·    nibbling effects occur where small, often minor impacts, act together to erode the environmental condition of a locality and

·    synergistic effects, where a mix of heterogeneous impacts interact such that the combined impacts are greater than the sum of the separate effects.

Given the existing and well-established commercial nature of the development and CBD location; the development is not likely to result in any unreasonable cumulative impacts within the locality.

Phone Booths

Three phone booths exist in Post Office Lane in the location of the north-eastern proposed tenancy (tenancy NS13). Council staff requested advice as to how these will be treated. The applicant provided the following response:

Telstra boxes – Alceon, through CPRAM, has approached Telstra to ascertain the relevant approval information relevant to the phone boxes and also the process to have them moved. This is still ongoing. Aceon is prepared to accept a condition of consent in relation to this aspect.

Council received a further response from the Centre Manager advising that correspondence from Telstra advised that the subject phone booths were utilised by the public and provide a community service, and a certain number would need to be retained somewhere in the locality. Furthermore, Council staff have been advised that the onus would be on Council to seek to have the phones relocated.

To ensure that the development progresses in a satisfactory manner, Council staff have attached a condition that restricts the release of the Construction Certificate that relates to the northernmost shopfront in the Post Office Lane elevation until such time as a the satisfactory resolution of the relocation of the subject phone booths is achieved.

Additionally, it is noted via condition of consent that the full cost of relocating the phone booths would need to be met by the applicant - not by Council.

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

The development represents a continuation of the longstanding commercial use of the land, and as such the site is considered suitable for the proposed development.

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

The proposed development is defined as "advertised development" under the provisions of the LEP. The application was advertised for the prescribed period of 14 days, and at the end of that period two submissions was received.

Summary of Submission 1 (provided by submitter)

This building, Myers, which was the Dalton Brothers Stores, is critical to the history of Orange.  That part of the building on the corner of Post Office Ln. dates back to 1863 and is one of the oldest in Orange.  Had it not been for James Dalton the Younger erecting his first store in that location in 1853, Byng St., and not Summer St., would probably have become the commercial hub of Orange.

The importance of the buildings fronting Summer St. in the development of Orange cannot be overstated.

Much of the information on the Dalton family and store histories in the Heritage Impact

Statement is incorrect.  The situation as currently understood is presented.  Research is ongoing.

Overall the proposal is very good, paying an unusual level of respect to the heritage of the

Former Dalton buildings.

None-the-less there are concerns:

1.       The heritage integrity of the 1863 wall in Post Office Ln. is under severe threat of being compromised.  The plans for that section need to be re-assessed.

2.       The desired re-location of the blade signage above the Summer St. awning will prevent full appreciation of the restored historic façade.

3.       Current and proposed uses of Post Office Ln. for outdoor cafés have potential to create pedestrian congestion.  This aspect requires more detailed consideration.

There are also a number of areas where planned retention of heritage features can be further improved:

1.       Re-use in a decorative context of some or all of the cast iron columns currently in the ladies’ and men’s wear departments.


 

2.       Display of hidden marble-effect cast iron columns in the first floor storage area.

3.       Restoration and display on the first floor of an early pulley mechanism to lift goods from the ground floor.

4.       Clarify intentions for the cellar (and spiral cast iron staircase leading to it) beneath the 1863 building.

5.       It is not clear if all the light wells in the roof are to be restored.

6.       Ambience of the re-instated central entrance atrium would be even further improved replacing the blocked-off glazing in the central arched section above the awning.

7.       Nothing is said about the painting of the restored Summer St. façade.  The use of a heritage colour scheme would complement that recently applied to the Centrepoint Arcade and give that section of Summer St. a real “lift”.

8.       A full digital photographic record must be made at each stage of the demolition of the interior fittings for the reasons given in the submission.

9.       The question of re-instated verandah posts on the Summer St. awnings should be reconsidered.

The submission raises mostly heritage matters, save for some comments regarding signage and outdoor dining which can be addressed initially by stating that the applicant is not proposing any signage as part of this application, and the existing blade signs that the submitter refers to are lawful signs and Council has no power to require their removal. In relation to the outdoor dining area and the potential for pedestrian conflicts, both the applicant and Council staff have acknowledged that the applicant has not sought consent for outdoor dining as part of this application, and separate consideration will need to be given to the arrangement of furniture on an equitable basis. The continued functionality of the laneway will be paramount in those considerations.

The submission was provided to the applicant for response, which URBIS undertook and which is also provided below for balance.

Heritage matters - Accuracy of Heritage Impact Statement

In relation to the detailed history and additional advice on the significance of the subject building, Council staff are greatly appreciative of efforts made to improve our understanding of the building on the land, and its history and the important role it has played in the commercial history of Orange. Council staff along with Council’s heritage advisor will use the information provided to update Council’s heritage inventory sheet for the subject land.

URBIS comment:

Urbis undertook the history prepared for the HIS with reference to the available online resources which we understood to be correct. Please note that the scope of works did not allow for extensive primary research including correspondence with the family which would have been a considerable undertaking.

Please also note that the revised history has not notably changed the findings of our assessment set out in the HIS. 


 

Notwithstanding, Urbis acknowledges the history set down in the submission and will commit to reviewing and augmenting it as necessary as part of the Interpretation Plan identified above. This Interpretation Plan will allow for liaison with Council and provision of material to them to ensure that all existing reference records including inventory sheets are updated with the most correct information.

The heritage integrity of the 1863 wall in Post Office Lane is under severe threat of being compromised. The plans for that section need to be reassessed.

URBIS comment:

It is recognised that the wall has high heritage significance as it is integral in outwardly indicating the form of the original 1860s building southward from Summer Street. This significance is undisputed, however it should be noted that this façade constitutes a secondary one constructed with the anticipation that something would eventually be built next to it. Incidentally this has not occurred and

Post Office Lane has developed as a pedestrian plaza. Therefore, the eastern façade of the subject building has essentially evolved into a secondary frontage and there is an opportunity to ensure the building continues to respond to its new context by adapting this façade at ground level.

The shopfronts as proposed would be easily discernible as new fabric. Further, the double height glazed façade to the south would strongly demarcate the termination of the early building. As such, it is considered that although the penetrations would result in the loss of original fabric, the envelope of the 1860s building would continue to be appreciable. Further, it should be noted that the fabric on the first floor would be entirely retained and that the accretions to the extreme north east corner of the building would be removed such that the corner would become better rationalised. 

Notwithstanding, the importance of communicating the history of the evolution of this façade is recognised. As such, the Interpretation Strategy prepared by Urbis would include the development of interpretation signage in Post Office Lane and incorporate images of the place to the satisfaction of Council.

Council staff comment:

This has been further addressed in the detailed heritage assessment undertaken above under the heading “Clause 5.10 of Orange LEP 2011”.

The desired re location of the blade signage above the Summer Street Awning will prevent full appreciation of the restored historic façade.

URBIS comment:

This is acknowledged and the proposed blade signage on the northern façade will now constitute only the replacement of the two existing.

Council staff comment:

This consent does not provide approval for the erection of any signage. State Environmental Planning Policy (Exempt and Complying Development Codes) provides exempt development provision to change the content of lawful signage provided other development standards are met. If such standards are met and the signs are lawful, then the applicant would have the power to change the content of such signage.

Current and proposed uses of Post Office Lane for outdoor café’s have potential to create pedestrian congestion. This aspect requires more detailed consideration.

URBIS comment:

Please refer to the planning response prepared by Urbis Planning which addresses this point.

Council staff comment:

This consent does not provide approval for outdoor dining as future tenants are not known at this stage. Approval for outdoor dining will need to be sought in the future when applications for cafes or restaurants may be lodged. It is acknowledged that consideration will need to be given to other interested parties that utilise Post Office Lane to ensure that pedestrian movements are maintained.

Re-use in a decorative context of some or all of the cast iron columns currently in the ladies and menswear department.

URBIS comment:

It is understood that the removal of the columns is required in order to allow enough free space within stores such that the spaces can be feasibly tenanted. However, note that most of the columns located on the ground floor constitutes later I beam steel columns which are not considered to directly contribute to the significance of the building.

It is recognised that many of the early cast iron columns would be removed in the north east corner of the area. However, two would be retained in situ. It is considered that these could indicate the character of the early fabric.

As discussed in detail above, a two stage archival recording would be undertaken in order to record the present state of the building including these columns.

Council staff comment:

This has been further addressed above in the detailed heritage assessment undertaken above under the heading “Clause 5.10 of Orange LEP 2011”.

Display of hidden marble effect cast iron columns in the first floor storage area.

URBIS comment:

All columns on the first floor would be retained and conserved. The marble effect columns would be appropriately incorporated into future shop designs where possible and subject to future detail.

Council staff comment:

It is noted in the latest revised information that all the columns are to be removed, with six columns being restored and relocated into the central mall area.

Council’s Heritage Advisor has accepted this offset provided that the nominal intact area as detailed above is required.


 

Restoration and display on the first floor of an early pulley mechanism to lift goods from the ground floor.

URBIS comment:

The significance of this element is acknowledged and it would be appropriately retained and conserved. It would also be appropriately incorporated into the future Interpretation Plan for the site.

Please note that this pulley is located on the second floor.

Council staff comment:

The above comments are noted; and whilst the submitter may have been referencing the pulley in question as being on the wrong floor, a site inspection identified a second later pulley mechanism on the first floor also. This should be retained as well.

Clarify intention for the cellar (and spiral cast iron staircase leading to it) beneath the 1863 building.

URBIS comment:

The high significance of the basement and the associated staircase is acknowledged. The basement would be retained in its existing form. It is understood that a new slab must be laid on the ground floor.

However, a hatch to the basement will be retained in this slab such that the space can continue to be accessed.

The stairs will also be retained. However, it is understood that they are located under the location of the proposed lift and stair. Therefore they would be relocated slightly to the west. These stairs would be recorded in situ before relocation.

Council staff comment:

Noted and the retention is appreciated.

It is not clear if all the light wells in the roof are to be restored.

URBIS comment:

Please refer to updated plans provided i2c and the related comments above. All light wells in the roof would be retained and conserved. The associated pressed metal ceilings within each would also be retained.

Council staff comment:

Noted - and the retention of light monitors is appreciated.

Ambience of the re-instated central entrance atrium would be even further improved replacing the blocked-off glazing in the central arched section above the awning.

URBIS comment:

It is acknowledged that this would be a positive conservation outcome as well as a positive design outcome in general. However, it is understood that at this stage glazing of such a wide area would be prohibitively costly. Note though that the proposed works do not preclude the potential to replace the blocked-off glazing as part of future works. 

Notwithstanding, it should be noted that Urbis will be preparing an Interpretation Plan for the site, with the specific purpose of celebrating the history of the building and communicating its original form. The central glazed section would be well represented in this interpretation such that a holistic understanding of the evolution of the building is facilitated.

Council staff comment:

The above comments are noted, however further assessment of this aspect of the development is provided in the detailed heritage assessment undertaken above under the heading “Clause 5.10 of Orange LEP 2011”.

Nothing is said about the painting of the restored Summer Street façade. The use of a heritage colour scheme would complement that recently applied to the Centrepoint Arcade and give that section of Summer Street a real “lift”.

URBIS comment:

The positive contribution that the Centrepoint Arcade makes to the streetscape is acknowledged. This building has been used as a precedent for the development of the colour scheme for the retained, highly significant facades on the subject site (north and east). The Resene Heritage Colours Paint Chart has also been used to develop the scheme.

It is proposed to paint the bulk of the principle façade and the eastern façade in Resene – Buff (y68067-073. The colour for highlights would be Resene – Light Beige (Y83-063-083). A detailing colour to create dark accents to future detail would be] Resene – Oak (047-066-064). Swatches of each have been included below.

Council staff comment:

The above comments are noted. Further assessment of this aspect of the development is provided in the detailed heritage assessment undertaken above under the heading “Clause 5.10 of Orange LEP 2011”.

A full digital photographic record must be made at each stage of the demolition of the interior fittings for the reasons given in the submission.

URBIS comment:

As above, it is agreed that a photographic archival recording should be undertaken to record the existing state of the fabric. Alceon Group Pty Ltd ATF Orange Retail Trust has engaged Urbis to prepare a two stage Archival Recording. The first stage would be undertaken prior to the issue of a Construction Certificate and would record the building in its existing state.


 

Stage 2 would be undertaken soon after the commencement of any works to remove later fabric to the building in order to capture any elements that may be uncovered in the process of the works.

It is noted that the submission suggests that a professional photographer be engaged to prepare this document. Please note that it is normal practice for a heritage consultant experienced in undertaking archival recordings to prepare such a report. Urbis has extensive experienced in undertaking archival records and has therefore been engaged to prepare this document.

Council staff comment:

The above comment is noted and the offer of the archival record is appreciated. Relevantly, conditions are attached to this effect.

The question of re-instated verandah posts on the Summer Street awnings should be reconsidered.

URBIS comment:

It is acknowledged that the building historically had a post supported verandah to both early sections.

However, it is considered that reinstatement of these veranda posts would not be appropriate for the following reasons:

·    Nowhere else on the section of Summer Street between Lords Place and Anson Street are there post supported verandahs, including the Centrepoint Arcade. As such, a reinstated verandah would be non-contiguous with this section of the streetscape; and

·    The façade of the building has been progressively altered over time to the point where it is difficult to determine which fabric is original and which is later. It is considered that adding faux elements into the façade would not facilitate a proper understanding of the evolution of the site.

Notwithstanding, it should be noted that Urbis will be preparing an Interpretation Plan for the site, with the specific purpose of celebrating the history of the building and communicating its original form. The original verandahs would be well represented in this interpretation such that a holistic understanding of the evolution of the building is facilitated. 

Council staff comment:

This is addressed above under the heading “DCP 2004 Chapter 8 - Development in Business Zones”.

Council staff are of the view that the matters raised in the submission have either been addressed above by the applicant and/or have been addressed in the detailed heritage assessment undertaken above under the heading “Clause 5.10 of Orange LEP 2011” or otherwise stated.


 

Submission 2 - NSW Department of Primary Industries - Lands

Correspondence was received from the NSW Department of Primary Industries - Lands advising that the department offers no objections to the proposed development subject to a request that Orange City Council offer to take control of Post Office Lane and Colvin Lane along with a number of other conditions which are attached as Advisory Notes,

The correspondence further states:

During investigation it has been determined that Post Office Lane and Colvin Lane are Crown Roads under the management of DPI - Lands. Both of these Crown Roads are maintained by Orange City Council and should be under the management of Orange City Council. It is requested that Orange City Council applies to DPI - Lands to have the management of these Roads transferred to Orange City Council.

It is understood Council staff have begun the process with NSW Primary Industries - Lands to take control of the subject lanes. NSW Primary Industries - Lands were made aware of this process commencing and Council staff consider this matter to be addressed.

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. The proposal is not inconsistent with any relevant policy statements, planning studies guidelines, etc that have not been considered in this assessment.

SUMMARY

The proposed development is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of the LEP. A section 79C assessment of the development indicates that the development is acceptable. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner; including a number of conditions that relate to protecting significant heritage fabric within the item.

COMMENTS

The requirements of the Environmental Health and Building Surveyor and the Engineering Development Section are included in the attached Notice of Approval.

 

 

 

Attachments

1          Notice of Approval, D16/35372

2          Plans, D16/35222

3          Submissions, D16/35200

 


Council Meeting                                                                                                   16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 1      Notice of Approval

 

leaflogo

ORANGE CITY COUNCIL

 

Development Application No DA 159/2016(1)

 

NA16/                                                                                             Container PR11580

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

 

Development Application

 

  Applicant Name:

CPRAM Investments Pty Ltd

  Applicant Address:

CPRAM Investments Pty Ltd

PO Box 42

SYDNEY  NSW  2001

  Owner’s Name:

Alceon Group Pty Limited

  Land to Be Developed:

Lot 564 DP 776383 - 212-220 Summer Street, Orange

  Proposed Development:

Commercial Premises (alterations and additions to existing building)

 

 

Building Code of Australia

  building classification:

 

To be determined by the PCA

 

 

Determination

 

  Made On:

16 August 2016

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

17 August 2016

Consent to Lapse On:

17 August 2021

 

Terms of Approval

 

The reasons for the imposition of conditions are:

 

(1)      To ensure compliance with relevant statutory requirements.

(2)      To provide adequate public health and safety measures.

(3)      To ensure a quality urban design for the development which complements the surrounding environment.

(4)      To maintain neighbourhood amenity and character.

(5)      To ensure the utility services are available to the site and adequate for the development.

(6)      To prevent the proposed development having a detrimental effect on adjoining land uses.

(7)      To minimise the impact of development on the environment.

 


 

 

 

Conditions

 

(1)      The development must be carried out in accordance with:

(a)      Plan/s by i2C - Job No. 2015-056: - Drawing No. DA01 issue 1; DA03 issue 1;

DA06 issue P5 DA07 issue P4; DA08 issue P5; DA10 issue P2; DA12 issue P2; (7 sheets)

Plans by ALLEANZA Architecture - Project 16319: sheet no. DA-102 issue 4;

DA-104 issue 1; DA-105 issue 1; DA-109 issue 1; DA-111 issue 4; (5 sheets)

(b)      statements of environmental effects or other similar associated documents that form part of the approval

as amended in accordance with any conditions of this consent.

 

(2)      Separate development applications are to be made for the first use and fitouts of individual tenancies created under this consent.

 

(3)      This consent does not provide approval for the erection of signage unless such signage is consistent with the exempt provisions of State Environmental Planning Policy (Exempt and complying development codes). Separate development consent will be required for all signage that does not meet the abovementioned exempt provisions.

 

(4)      This consent does not provide approval for outdoor dining nor does it endorse the indicative layout shown on the approved plans. Separate approval for outdoor dining will be required.

 

(5)      The loading zone for the Mini Major B shown on plan no. DA-104 issue 1 is not approved under this consent.

 

 

PRESCRIBED CONDITIONS

 

(6)      All building work must be carried out in accordance with the provisions of the Building Code of Australia.

 

(7)      A sign is to be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a)      showing the name, address and telephone number of the principal certifying authority for the work, and

(b)      showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c)      stating that unauthorised entry to the site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.

 

(8)      Where any excavation work on the site extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a)      protect and support the adjoining premises from possible damage from the excavation, and

(b)      where necessary, underpin the adjoining premises to prevent any such damage.

Note:  This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.


 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(9)      Full details of external colours and finishes of external materials are to be submitted and approved by Councils Manager Development Assessments prior to the issue of a Construction Certificate. The submitted material must contain an illustrative drawing with colour palette and also involve demonstration painting on the building.

 

(10)    Details of the shopfronts to be installed in both the Summer Street and Post Office Lane elevations shall be submitted to Council’s Manager Development Assessments for approval prior to the release of a construction certificate. All of the shopfronts shall comprise a consistent theme interpreting the Dalton character with Deep bronze Green or similar framing and areas immediately surrounding the framing to be clad in a dark charcoal grey material.

 

(11)    A heritage interpretation strategy shall be prepared for the subject site in accordance with NSW Heritage Council guidelines and standard heritage practices. The heritage interpretation strategy shall be submitted to Council’s Manager Development Assessments for approval prior to the issue of a construction certificate. The interpretation strategy shall include community input as well as input from people employed at the premises.

 

(12)    A reflected ceiling plan of the existing and proposed awnings in Summer Street and Post Office Lane shall be provided that shows the awning lighting details. This detail shall be submitted to Councils’ Manager Development Assessments for approval prior to the release of the construction certificate.

 

(13)    The applicant shall retain a portion of the existing columns and associated original pressed metal ceiling identified as having high heritage significance in the ‘Significance Mapping – Ground Floor’ plan submitted to Council and prepared by Urbis Heritage dated 17 June 2016.  The area of retained columns and original pressed metal ceiling must include not less than 4 of the existing columns in their original positions and also be within a retained area generally of 10m x 10m in size.  The applicant may retain the 10m x 10m area of columns and ceiling of high heritage significance within either the ground floor or the first floor of the existing building.

 

(14)    Prior to the issue of a Construction Certificate, the applicant shall submit to Council for approval detailed drawings of the Post Office Lane Entry Awning.  The awning structure shall be of a design and constructed using materials which interpret the heritage significance of the original columns and ceiling of that portion of the 1868 building.

 

(15)    An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for water, sewer and stormwater connection. Details concerning the proposed backflow prevention between the nominated water tank supply and the potable system are to be provided. No plumbing and drainage is to commence until approval is granted.

 

(16)    A building assessment report on the existing and proposed development shall be prepared by a suitably qualified and accredited Fire Engineer and be provided to the Principle Certifying Authority prior to the issue of a Construction Certificate. This report is to determine whether the proposed development will achieve compliance with the Building Code of Australia. The report is to identify non-compliance with the deemed-to-satisfy provisions of the Building Code of Australia and identify how and where the non-compliance issues are to be dealt with via an alternative solution under Clause A0.5 of the Building Code of Australia.

 

(17)    Prior to the issue of a Construction Certificate, the applicant is to obtain an approval under Section 68 of the Local Government Act for the temporary closure of any footpath or roadway. A pedestrian/vehicle management plan is to accompany the application. Details are to be provided of the protective hoardings, fences and lighting that are to be used during demolition, excavation and building works in accordance with the requirements of the Occupational Health & Safety Act 2000, Australian Standard AS3798-1996 (Guidelines on Earthworks for Commercial and Residential Developments) and the WorkCover Authority.

Note:  On corner properties, particular attention is to be given to the provision of adequate sight distances.


 

(18)    A survey to determine the existence of any hazardous materials on the site is to be provided. Suitable arrangements are to be made to dispose of, or remediate, any identified hazardous materials - including the notification of authorities and/or the obtaining of any required permits. Particular care and attention is to be paid to the disposal of any waste containing asbestos material.

 

(19)    The existing sewer manhole located within the floor area of the proposed Mini Major A is to be raised to floor level, installed with a gas tight lid and located within the proposed fire escape. Engineering plans for modifications to the sewer main and manhole are to be submitted to Orange City Council for approval prior to issuing a Construction Certificate.

 

(20)    Backflow Prevention Devices are to be installed to AS3500 and in accordance with Orange City Council Backflow Protection Guidelines. Details of the Backflow Prevention Devices are to be submitted to Orange City Council prior to the issuing of a Construction Certificate.

 

 

PRIOR TO WORKS COMMENCING

 

(21)    The building in its existing state is to be photographically recorded and surveyed prior to works commencing in accordance with the guidelines and standards set down by the NSW Heritage Division and Council's "Guidelines for Photographic Recording of Heritage Buildings and Sites". One set of photographs showing the features and construction methods of the building shall be provided to Council for its records along with a detailed site plan.

 

(22)    Prior to the commencement of any works on the site, the applicant shall, under the supervision of a Heritage Consultant, install appropriate stabilisation measures within the building to protect the 10m x 10m area of retained heritage columns and original pressed metal ceiling. 

 

(23)    A Construction Certificate application is required to be submitted to, and issued by Council/Accredited Certifier prior to any excavation or building works being carried out onsite.

 

(24)    A temporary onsite toilet is to be provided and must remain throughout the project or until an alternative facility meeting Council’s requirements is available onsite.

 

 

DURING CONSTRUCTION/SITEWORKS

 

(25)    If Aboriginal objects, relics, or other historical items or the like are located during development works, all works in the area of the identified object, relic or item shall cease, and the NSW Office of Environment and Heritage (OEH), and representatives from the Orange Local Aboriginal Land Council shall be notified. Where required, further archaeological investigation shall be undertaken. Development works in the area of the find(s) may recommence if and when outlined by the management strategy, developed in consultation with and approved by the OEH.

 

(26)    The building shall be photographically recorded and surveyed during construction such that any significant elements that are discovered during the construction phase can be recorded. The archival recording shall be in accordance with the guidelines and standards set down by the NSW Heritage Division and Council's "Guidelines for Photographic Recording of Heritage Buildings and Sites". One set of photographs showing the features and construction methods of the building shall be provided to Council for its records along with a detailed site plan.

 

(27)    The northern most, eastern door of Tenancy NS13 shall not be installed until such time as the existing public phone booths within Post Office Lane have been relocated to another approved location.

 

(28)    All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.


 

(29)    All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

 

(30)    Building demolition is to be carried out in accordance with Australian Standard 2601:2001 - The Demolition of Structures and the requirements of the NSW WorkCover Authority.

 

(31)    Any asbestos material must be removed and disposed of in accordance with the provisions of the Work Health & Safety Act 2011 and any guidelines or Codes of Practice published by WorkCover.

 

(32)    Council has lights and electricity lines that run through, or above the awning of this building. These lights provide under awning lighting of the Council footpath in the Orange Central Business District. These must be retained and not disconnected during works. Any works involving the awning attached to the building and/or Council’s under awning lights, may only be undertaken following consultation with Council’s Electrician (telephone (02) 6393 8000).

 

(33)    Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer. This includes the relocation of the phone boxes in Post Office Lane.

 

(34)    The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.

 

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the development from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

 

(35)    The existing 150mm diameter sewer main that crosses the site is to be accurately located. Where the main is positioned under any proposed building work, measures are to be taken in accordance with Orange City Council Policy - Building over and/or adjacent to sewers ST009.

 

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

(36)    A heritage interpretation plan shall be prepared and implemented for the subject site in accordance with the approved heritage interpretation strategy, NSW Heritage Council guidelines and standard heritage practices. The heritage interpretation plan shall be implemented prior to the issue of an occupation certificate.

 

(37)    A pedestrian management plan shall be prepared for the existing loading area. The pedestrian management plan shall provide appropriate measures that ensure the safety of pedestrians in the vicinity of the loading area during times of loading and unloading of vehicles and the reversing manoeuvre of vehicles entering or existing the loading area. Measures shall include such practices as temporary barricading and someone on the ground directing the movement of pedestrians. The pedestrian management plan shall be submitted to Council for approval prior to the issue of an occupation certificate.

 

(38)    No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.

 

(39)    The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.


 

(40)    Where Orange City Council is not the Principal Certifying Authority, a final inspection of water connection, sewer and stormwater drainage shall be undertaken by Orange City Council and a Final Notice of Inspection issued, prior to the issue of either an interim or a final Occupation Certificate.

 

(41)    Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on Public Land, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions.

 

(42)    Certificates for testable Backflow Prevention Devices are to be submitted to Orange City Council by a plumber with backflow qualifications prior to the issue of an Occupation Certificate.

 

(43)    All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation Certificate, unless stated otherwise.

 

 

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

 

(44)    Heritage fabric which is to be salvaged including the columns identified as being of high significance  must be retained on site if not in-situ and not transferred to another site or party. The best practice preference is that they be included within the retail layout when that is known and if that proves not to be feasible then stored within the premises.

 

(45)    The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

 

 

ADVISORY NOTES

 

(1)      It is recommended that contact with the Historical Society be made to review the six sets of original front doors for adaptive re-use within the retail fitout.

 

(2)      Essential Energy's existing assets

Essential Energy has a chamber substation located in the basement carpark of the property.

Prior to any proposed work being undertaken the Essential Energy document CEOM5005 Chamber Substation Design & Construction should be referenced in relation to any proposed alterations to the internal or external areas of the site, and particularly in relation to ventilation of the chamber substation to ensure there is adequate air flow.

Additionally there are a number of high and low voltage underground cables running through the site and including "Post Office Lane" as well as distribution pillars. Access is required to be maintained to all of these assets during and after construction works.

The existing electrical connection for the site may not be sufficient for the new development and the landowner should submit an application for increase of load for the connection of the new shops.

Application may be submitted through the Essential Energy online portal "Connecting to the Network new connections or connection alteration".

Further conditions

1        Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of any affected property, must be complied with; and

2        Should the proposal change, Essential Energy would need to be informed for further comment.


As there is electricity infrastructure located within property including within the building, any activities within this location must be undertaken in accordance with the latest industry guideline currently knowns as ISSC 20 Guideline for the Management if Activities within Electricity Easements and Close to infrastructure.

Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities.

WorkCover NSW (www.workcover.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice - Work near Overhead Power Lines/ Underground Assets.

 

(3)      Advice from the NSW Department of Primary Industry - Lands

·    This response does not imply the concurrence of the Minister for Primary Industries and the Minister for Lands and Water for the proposed development.

·    Any development or works including the extension of utilities to service the development will require a separate development application to be lodged. Should these works fall within Crown land such an application will require an Application for Landowner’s Consent to the lodgement of a Development Application with respect to Crown land.

·    The Minister for Primary Industries and the Minister for Lands and Water reserves the right to make comments, lodge an objection and / or require conditions with respect to development proposed on Crown Land.

·    Construction is not permitted with the Crown road reserve.

·    Irrespective of any development consent or approval given by other public authorities, any work or occupation of Crown land cannot commence without a current tenure from the DPI Lands authorising such work or occupation.

·    No development drainage, overflow or contaminated waste (contaminated runoff or septic) shall impact negatively on the Crown land or waterway.

·    No materials are permitted to be dumped or stored on Crown land, roads, or waterways.

·    The development is conducted with minimal environmental disturbance to the Crown land and is to avoid the unnecessary removal or damage any native trees located within the subject Crown lands or waterways.

·    Public access on the Crown land and waterway is retained and not restricted on and along the Crown land and waterways.

·    Appropriate pollution control measures shall be provided for the duration of the works. Such measures are not to be located on Crown land or waterways.

·    Measures should be taken by the applicant to ensure that the work does not contribute to the spread of noxious weeds.

 

 

 

 

Other Approvals

 

(1)      Local Government Act 1993 approvals granted under section 68.

 

          Nil

 

(2)      General terms of other approvals integrated as part of this consent.

 

          Nil


 

 

 

Right of Appeal

 

If you are dissatisfied with this decision, section 97 of Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice.

* Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

 

 

  Disability Discrimination Act 1992:

This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992.

 

The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation.

 

The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

 

 

  Disclaimer - S88B Restrictions on the Use of Land:

The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

 

 

Signed:

On behalf of the consent authority ORANGE CITY COUNCIL

 

 

Signature:

 

 

Name:

 

DAVID WADDELL - DIRECTOR DEVELOPMENT SERVICES

 

Date:

 

17 August 2016

 


Council Meeting                                                                                                                    16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 2      Plans

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Council Meeting                                                                                                                    16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 2      Plans

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Council Meeting                                                                                                                    16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 2      Plans

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Council Meeting                                                                                                                    16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 2      Plans

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Council Meeting                                                                                                                    16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 2      Plans

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Council Meeting                                                                                                                    16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 2      Plans

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Council Meeting                                                                                                                    16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 2      Plans

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Council Meeting                                                                                                                    16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 2      Plans

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Council Meeting                                                                                                                    16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 2      Plans

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Council Meeting                                                                                                                    16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 2      Plans

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Council Meeting                                                                                                                    16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 2      Plans

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Council Meeting                                                                                              16 August 2016

5.9                       Development Application DA 159/2016(1) - 212-220 Summer Street

Attachment 3      Submissions

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Council Meeting                                                                                          16 August 2016

 

 

5.10   Classification of land - drainage reserve in William Maker Drive

TRIM REFERENCE:        2016/1706

AUTHOR:                       Shirley Hyde, Legal and Property Officer    

 

 

EXECUTIVE Summary

This report seeks Council’s consent to classify land situated at Lot 26 DP 1221604 William Maker Drive, Orange, acquired for the purposes of drainage reserve, as Operational Land.

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

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Policy and Governance Implications

Nil

 

Recommendation

1        That Lot 26 DP 1221604 William Maker Drive be classified as Operational Land pursuant to the Local Government Act 1993.

2        That authority be granted to affix the Council Seal on all necessary documentation.

 

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

As part of the subdivision development of Lot 24 DP 1203016, the developer was required in accordance with Council’s development consent and the Orange Development Control Plan 2004, to construct a drainage reserve. Council acquired such land through funding from Section 94 contributions and it was dedicated as drainage reserve under Section 49(1) of the Local Government Act 1993. The parcel has an area of 3725 m2. This report seeks to classify Lot 437 DP 1220844, used for drainage purposes, as Operational Land. The subject land is shaded on the following map.

 

Attachments

1          Map Lot 26 DP 1221604 - William Maker Drive, D16/32278

 


Council Meeting                                                                                              16 August 2016

5.10                     Classification of land - drainage reserve in William Maker Drive

Attachment 1      Map Lot 26 DP 1221604 - William Maker Drive

 

 


   


Council Meeting                                                                                          16 August 2016

 

 

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.

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     Sale of land - Narrambla Industrial Estate

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.

 

 


Council Meeting                                                                                          16 August 2016

 

 

6.1     Sale of land - Narrambla Industrial Estate

TRIM REFERENCE:        2016/1839

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

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.

 

  


Council Meeting                                                                                          16 August 2016

 

 

7       Resolutions from closed meeting

  



[1] Category 1 remediation shall not be approved without a satisfactory RAP and Site Audit if deemed necessary.