ORANGE CITY COUNCIL

Ordinary Council Meeting

 

Agenda

 

3 October 2017

 

 

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, 3 October 2017  commencing at 7.00pm.

 

 

Garry Styles

General Manager

 

For apologies please contact Michelle Catlin on 6393 8246.

    

 


Council Meeting                                                                                          3 October 2017

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 breezeway between the Library and Art Gallery buildings. 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.. 3

1.1            Apologies and Leave of Absence. 3

1.2            Opening Prayer. 3

1.3            Acknowledgement of Country. 3

1.4            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 3

2                Mayoral Minutes.. 3

Nil

3                Confirmation of Minutes of Previous Meeting.. 3

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 26 September 2017  4

4                Notices of Motion/Notices of Rescission.. 8

Nil

5                General Reports.. 9

5.1            Statement of Investments - August 2017. 9

5.2            Recording Council Meetings. 14

5.3            Development Application - DA 259/2017(1) - 129-131 Byng Street 17

5.4            Development Application - DA 299/2017(1) - 59-67 Bathurst Road. 102

5.5            Additions to Register of Fees and Charges. 143

5.6            National Local Roads and Transport Congress 2017. 147

5.7            Stronger Country Communities Fund. 162

6            Closed Meeting - See Closed Agenda.. 169

              No items for consideration

 


Council Meeting                                                                                          3 October 2017

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 26 September 2017 (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 26 September 2017.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 26 September 2017



ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 26 September 2017

COMMENCING AT 7.00 pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano,  Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Manager Building and Environment, Works Manager, Manager Administration and Governance, Manager Corporate and Community Relations

1.1     APOLOGIES

Nil

 

RESOLVED - 17/415                                                                           Cr G Taylor/Cr S Munro

That the Media be permitted to record and livestream the Council Meeting.

 

1.2     ACKNOWLEDGEMENT OF COUNTRY

 

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

Nil

2       Mayoral Minutes

Nil   

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 17/416                                                                         Cr J Hamling/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 5 September 2017 (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 5 September 2017.

 

4       Notices of Motion/Notices of Rescission

Nil

5       General Reports

5.1     Oath or Affirmation of Office by Councillors

TRIM Reference:        2017/1813

RESOLVED - 17/417                                                                         Cr J Hamling/Cr S Munro

That each Councillor take the oath or affirmation of office.

 

 

The following Councillors took the Oath of Office of Council:

 

Cr Jeff Whitton

Cr Glenn Taylor

Cr Tony Mileto

Cr Sam Romano

Cr Mario Previtera

Cr Reg Kidd

 

The following Councillors took the Affirmation of Office of Council:

 

Cr Stephen Nugent

Cr Joanne McRae

Cr Kevin Duffy

Cr Russell Turner

Cr Scott Munro

Cr Jason Hamling

 

5.2     Election of Deputy Mayor

TRIM Reference:        2017/1812

RESOLVED - 17/418                                                                        Cr S Nugent/Cr J Whitton

That Council elect a Deputy Mayor for the 2017/18 period.

 

 

RESOLVED - 17/419                                                                         Cr J Whitton/Cr S Munro

That the method of voting for the election of Deputy Mayor be ordinary ballot.

 

 

RESOLVED - 17/420                                                                          Cr S Munro/Cr S Nugent

That the General Manager, acting as Returning Officer, conduct the election for the Deputy Mayor.

 

The General Manager advised that nominations for Deputy Mayor had been received from Councillors:

 

-          Joanne McRae

-          Jason Hamling

-          Glenn Taylor

-          Kevin Duffy

-          Tony Mileto

-          Scott Munro

 

All Councillors accepted their nomination.

 

Following the first round of voting, Cr Duffy was excluded.

 

Following the second round of voting, Cr Munro was excluded.

 

Following the third round of voting, Cr Hamling was excluded.

 

Following the fourth round of voting, Cr Mileto was excluded.

 

Following the fifth round of voting, Cr Taylor and Cr McRae were tied. On being drawn by lot, Cr McRae was declared elected Deputy Mayor.

 

5.3     Dates for Meetings of Council

TRIM Reference:        2017/1810

RESOLVED - 17/421                                                                           Cr R Turner/Cr S Munro

That Council confirm it will continue to hold meetings in accordance with the Code of Meeting Practice, as follows:

1     An ordinary meeting of Council be held on the first Tuesday of the month at 7pm.

2     Ordinary Policy Committees be held on the first Tuesday of each month as part of a Council Meeting to commence at 7pm, to be enacted once the Committee structure is resolved and Committee chairpersons have been elected by Council.

3     A public forum be scheduled, where required, at the commencement of the Council meeting of the first Tuesday of each month.

4     An ordinary Council Meeting be held on the third Tuesday of each month commencing at 7pm.

5     Councillor briefings be held on the second Tuesday of each month if required, commencing at 6pm.

 

 


 

 

QUESTION TAKEN ON NOTICE                                                                                                   

A report was requested on the possibility of conducting Council Meetings in other areas of Orange.

 

 QUESTION TAKEN ON NOTICE                                                                                                

Cr Turner requested a report on the arrangements in place for the operation of the Ophir Road Resource Recovery Centre, particularly in relation to the procedures used by staff and contractors for the operation of the weighbridge and the Recovery Shop.

 

6       Closed Meeting

Nil

 

The Meeting Closed at 7.55 PM

This is Page Number 4 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 26 September 2017.

  


Council Meeting                                                                                          3 October 2017

 

 

4       Notices of Motion/Notices of Rescission

Nil


Council Meeting                                                                                          3 October 2017

 

 

5       General Reports

5.1     Statement of Investments - August 2017

TRIM REFERENCE:        2017/1956

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 August 2017.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

1        That Council receives the Statement of Investments as at 31 August 2017.

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

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

As at 31 August 2017, the investments held by Council totalled $118,301,314.84 and is attributed to the following funds.

 

 

31/08/2017

31/07/2017

General Fund

47,671,254.41

45,403,491.76

Sewer Local Fund

36,061,133.37

34,993,667.69

Water Supply Local Fund

34,568,927.06

34,832,350.91

Orange CBD Special Rate

 

 

118,301,314.84

115,229,510.36

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

 

Externally Restricted

31/08/2017

31/07/2017

General Fund

16,676,884.73

15,985,828.81

Water Fund

34,568,927.06

34,832,350.91

Sewer Fund

36,061,133.37

34,993,667.69

Auspiced

1,622,805.39

1,622,805.39

Internally Restricted

10,406,658.79

9,501,484.57

Unrestricted

18,964,905.50

18,293,372.99

118,301,314.84

115,229,510.36

 

 

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 August 2017 remained at 1.50%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 2.90% (weighted average 2.86%) which continues to exceed Council’s benchmark i.e. the cash rate of 1.50% 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 August 2017, the AusBond rate was 1.69%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 2.90%.

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

Holding

Capacity

0 - 3 Months

100.00%

8.85%

91.15%

3 - 12 Months

100.00%

62.66%

37.34%

1 - 2 Years

70.00%

9.05%

60.95%

2 - 5 Years

50.00%

19.43%

30.57%

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%

16.64%

83.36%

A

60.00%

46.17%

13.83%

BBB & NR

40.00%

37.19%

2.81%

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 Council’s General Purpose Financial Statements for the 2016/17 year and may be subject to change.

Certification by Responsible Accounting Officer

I, Jason Cooke, 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                                                                                          3 October 2017

 

 

5.2     Recording Council Meetings

TRIM REFERENCE:        2017/1988

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

At its meeting held on 18 July 2017, Council resolved:

TRIM Reference:        2017/1487

RESOLVED - 17/324                                                                              Cr J Davis/Cr J Hamling

That a report be provided to the first meeting of the next Council in relation to the possible audio and visual recording of Council Meetings.

 

Following recent discussions on this matter with Mayor Kidd, this report recommends Council implement a system of recording the audio of Council Meetings to assist in the preparation of minutes.

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

To install a recording device to work in conjunction with the current microphone system will cost in the order of $1000 and can be met from within the existing budget.

Policy and Governance Implications

A decision to record Council Meetings will require an amendment to the Code of Meeting Practice, which will include a public exhibition period and time for submissions to be received. In the meantime, Council could resolve at the commencement of each meeting to allow for the meeting to be recorded internally for minute taking purposes.

For Council’s information, the Office of Local Government (OLG) are currently finalising a draft Model Code of Meeting Practice. Staff of the OLG have recently verbally advised that the draft Model Code of Meeting Practice will include provisions around the webcasting of Council Meetings.

While the webcasting of meetings is not proposed to be mandatory, the OLG have confirmed that the Model Code will include provisions for webcasting as a mechanism for increased accountability.

The OLG has advised the Model Code of Meeting Practice will be drafted and sent to councils for consultation in the coming months.

 

Recommendation

That Council record Council Meetings and Policy Committee Meetings held in the Council Chamber for internal purposes only, subject to:

1    Appropriate changes being adopted to Council’s Code of Meeting Practice, following the required public exhibition process and associated reporting to Council.

2    The agenda for Council Meetings commencing with an announcement from the Chairperson that the meeting is being recorded.

3    Appropriate signage being installed in the Council Chamber to remind speakers of the recording of the meeting.

 

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

Recording the audio of Council Meetings will assist in the preparation of minutes and checking of any detail that may be required. Care will need to be taken to ensure that any speaker (Councillor, staff or member of the public) is aware of that the meeting is being recorded.

SUPPORTING INFORMATION

The Local Government (General) Regulation 2005 states (section 273) that a person may use a tape recorder to record the proceedings of a meeting of Council or a Committee of Council only with the authority of Council or the Committee. This requirement is also reflected in Council’s Code of Meeting Practice. It is Council’s current practice to resolve to allow media to record meetings.

If Council supports the recording of Council Meetings, appropriate changes would need to be made to the Code of Meeting Practice.

The issue of recording meetings has been considered by Council several times since 2010, however to date Council has not made the decision to commence recording. Many Councils across the state record and webcast/livestream Council Meetings, and while this report seeks approval to commence audio recording only, Council could consider livestreaming in the future if demand exists.

Risk of breach of privacy or defamation

Recording meetings for internal purposes only (ie to assist in the preparation of minutes) does not increase the risk of a breach of privacy or defamation higher than the level of risk that exists now. Should Council wish to make the recordings publicly available, or livestream the audio/visual of meetings, then further consideration of the risks would be required. It is considered, however, that measures can be put in place to mitigate these risks.

It will be important to ensure that any speaker at a Council Meeting is made aware of the recording of the meeting.

Council’s insurers have advised they have no concerns with either the recording or livestreaming of Council Meetings, and that the recording of Council Meetings will be noted on Council’s policy.

Access and retention of recordings

It is proposed that recordings be retained in accordance with the General Disposal Authority issued by NSW State Records. This framework recommends that recordings be kept for three months after the last action, which is interpreted as the Council’s resolution of the confirmation of the minutes of the meeting.

Access to the recordings is proposed to be limited to the Mayor, General Manager and relevant Council staff only (as determined by General Manager) for the purpose of checking minutes.

Given the purpose of recording is to assist in the preparation of minutes, it is not proposed to make the recordings publicly available.

It should be noted that the minutes of the Council Meeting will remain the official record of the proceedings of the meeting.

 

  


Council Meeting                                                                                          3 October 2017

 

 

5.3     Development Application - DA 259/2017(1) - 129-131 Byng Street

TRIM REFERENCE:        2017/2001

AUTHOR:                       Andrew Crump, Senior Planner    

 

 

EXECUTIVE Summary

Application lodged

17 July 2017

Applicant/s

Saran Holdings Pty Ltd

Owner/s

Saran Holdings Pty Ltd

Land description

Lot 3 DP 150391 - 129-131 Byng Street ORANGE

Proposed land use

Office Premises (change of use from pub, alterations and additions to existing building, and verandah reinstatement) and Demolition (ancillary buildings and tree removal)

Value of proposed development

$1,900,000

Council's consent is sought for the change of use of the existing pub to office premises. It is also proposed to provide additional floor area with the construction of a new contemporary style addition to the west of the site. The proposed new building will be two storeys with part under-croft parking in the North-West corner of the site. The application also involves the reinstatement/reconstruction of the C.1870s verandah and refurbishment of the former pub.

The critical issue to the assessment of the application relates to heritage conservation matters, street scape compatibility and car parking demand.

The development is expected to make a positive contribution to the central business district and result in a development that is congruous with the significant heritage items in the vicinity, as well as the central heritage conservation area. Additionally, the provision of onsite parking will result in a development that is satisfactory in terms car parking.

The development is consistent with Council’s relevant planning provisions, and accordingly is recommended for approval.

DECISION FRAMEWORK

Development in Orange is governed by two key documents, being the Orange Local Environment Plan 2011 (LEP) and the Orange Development Control Plan 2004 (DCP). In addition, the Infill Guidelines are used to guide development, particularly in the heritage conservation areas and around heritage items.

Orange Local Environment Plan 2011 – the LEP should be considered by Council to be a definitive document. LEPs govern the types of development that are permissible or prohibited in different parts of the City, and also provide some assessment criteria in specific circumstances. Uses are either permissible or not - there are no grey areas in terms of permissibility. The objectives of each zoning and indeed the aims of the LEP itself are, however, open to interpretation and can be used to guide decision making around appropriateness of development.


 

Orange Development Control Plan 2004 – the DCP guides development. In general it is a performance based document rather than prescriptive in nature - its purpose is to guide development. The Land and Environment Court tends to view it as such. In each area of interest there are often guidelines used. These guidelines indicate ways of achieving the planning outcomes. It is thus recognised that there may also be other solutions of merit. All design solutions are considered on merit by planning and building staff. Applications should clearly demonstrate how the planning outcomes are being met where alternative design solutions are proposed. One can see that the DCP gives leeway for developers and architects to use design to achieve the outcome in other ways if they can. Stating that DCP guidelines are inflexible can be misleading.

This development application is an excellent example of conversion of an historic building into a contemporary use and fits well within Council’s principle planning controls.

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

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council consents to development application DA 259/2017(1) for Office Premises (change of use from pub, alterations and additions to existing building, and verandah reinstatement) and Demolition (ancillary buildings and tree removal) at Lot 3 DP 150391 - 129-131 Byng 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/PROPOSAL

Council's consent is sought for the change of use of the existing pub to office premises and undertake alterations and additions to the existing building on land described as Lot 3 DP 150391, known as 129–131 Byng Street, Orange.


 

The proposal involves:

·   Refurbishment of the existing building over both ground and first floors to provide open plan office space. Existing walls to be removed will retain bulkheads to interpret the historic building layout.

·   Refurbishment of the exterior of the existing building comprising new paint scheme, 1 set of existing doors on ground floor south elevation to be retained, restored and fixed in place, remaining doors to have reinstated windows as per the original C. 1987 building, provision of new openings on first floor to provide access to new verandah, new galvanised corrugated iron roof to existing building, reinstatement of traditional terracotta chimney pots.

·   Contemporary two storey building to the western side of the site linked to the existing building via a glazed link at first floor level. The new buildings first floor will extend over the on-site parking in the north-western corner of the site providing some under-croft parking spaces.

·   Traditional verandah reinstatement.

·   Provision of 22 on-site parking spaces (partly open, partly under-croft) gaining access from a newly created access in Lords Place, with the existing Byng Street access being closed.

·   Removal of a number of trees within the site.

·   Removal of ancillary buildings and later rear additions.

·   Provisions of landscaping and auto sliding gate to Lords Place vehicle access.

BACKGROUND

Earlier in the year Council staff agreed to a very specific list of works that could be carried out to the building by the owner without the need for development consent pursuant to Clause 5.10(3) of Orange LEP 2011. Such works included removing; carpets, wood panelling and bar on the ground floor. Also, non-original skirting boards and architraves were agreed to be removed (provided sectioned were retained for the purposes of making suitable reproductions). General interior cosmetic works such as painting, new carpets and the like were also agreed to.

These works were agreed to on the basis that the works were minor and would not adversely impact the significance of the conservation area – noting the subject land is not a nominated heritage item.

The owner commenced these works and it became apparent that the structural integrity of the building was unsound, to the extent that there was a possibility of failure of the exterior walls.

It was found that the junction of exterior brickwork at the foundations had suffered severe water damage and were extremely brittle. Also, the foundations upon which exterior brickwork sat consisted of rotted hardwood timber resting on a gravel/earthen base.


 

On the first floor, it was noted that interior walls comprised a simple timber frame, wrapped in chicken wire and rendered with modern sand and cement render. These walls comprised considerable weight and were not supported directly below on the ground floor, save for a single post and beam which had obvious visible signs of deflection. It is estimated that this structural arrangement was installed at some point in the second half of the 20th century.

The roof structure was noted to not meet current engineering standards.

The owner of the premises took immediate action to underpin the exterior walls (ground floor) of the northern section of the building and replace the ground floor with a new reinforced concrete slab. The owner also removed several internal dividing walls on the first floor to reduce the load on the aforementioned post and beam.

These works were not authorised by Council.

Council staff commenced investigations of the premises and it was agreed that the remaining necessary remedial works could be carried out under a separate emergency orders process issued by Council staff.

These works have since been completed.

It is noted that the internal stairs were removed outside of the orders process.

Accordingly, the initial slab/underpinning of the northern section of the ground floor and removal of several first-floor walls; along with the removal of the internal stairs occurred without consent. Council staff will pursue this matter as a separate process to the assessment of the development application before Council.

The submitted plans reflect the current building condition (i.e. post the recent works).

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.

In this instance, site inspection reveals that the subject property has no biodiversity or habitat value.

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) as listed above.

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 B4 Mixed Use

Lot Size Map:

No Minimum Lot Size

Heritage Map:

Not a heritage item – but within conservation area

Height of Buildings Map:

Building height limit 12m

Floor Space Ratio Map:

Floor space limit 1.0:1

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 B4 Mixed Use zone. The proposed development is defined as an office premises under OLEP 2011 which means:

a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.

Office premises are permissible with development consent in the B4 Mixed Use zone.

Clause 2.3 of LEP 2011 references the Objectives for each zone in LEP 2011. These objectives for land zoned B4 Mixed Use zone are as follows:

·    To provide a mixture of compatible land uses.

·    To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

·    To promote, where possible, the retention and reuse of heritage items as well as the retention of established buildings that contribute positively to the heritage or cultural values of the land in the zone.

·    To promote development that supports the role of Orange CBD as the primary retail and business centre in the region.


 

The development is not inconsistent with the objectives of the B4 mixed use zone. The new office use will continue the longstanding commercial use of the land and will not be incompatible with surrounding land uses.

The development with the inclusion of the reinstated verandah will retain and enhance a prominent corner building within an important precinct in the CBD.

Clause 2.7 - Demolition Requires Development Consent

This clause triggers the need for development consent in relation to a building or work. This requirement does not apply to any demolition that is defined as exempt development.

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 maximum height of the new building is approximately 8m and is therefore well below the required height limit.

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 1.0:1. The site area has been calculated under Clause 4.5 as 1553.95m2, meaning the site may have up to 1553.95m2 of floor space. The proposal, minus the exclusions detailed in clause 4.5, has been calculated as having a gross floor area of 1416.5m2 (0.91:1) and is therefore consistent with the FSR requirements.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

The subject land is not a listed heritage item pursuant to Schedule 5 of Orange LEP 2011. The subject land is, however located within the Central Heritage Conservation Area. The subject land is also in close proximity to a number of key heritage items, namely; Orange Court House, Robertson Park and 261 Lords Place (as shown below in Image 1 as Items I3, I54 and I116 respectively. The below image also shows red hatching relating to the heritage conservation area, and the subject land is shown in blue outline).


 

 

Figure 1 – Heritage Context map (subject land – blue outline

red hatching showing the Heritage Conservation Area

brown areas showing heritage items)

The relevant Heritage Inventory sheet provides the following statement of significance for the land:

One of the earlier brick buildings in Orange and home to John Peisley, the licensed premises retains the key building form, complements the streetscape and contributes to the Conservation Area.

(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 fundamentally contrary to the objects of the clause. As mentioned in detail below, there are some contentions, inter alia, around the selected materials used to construct the reinstated verandah. Council staff have attached a condition requiring the verandah be constructed entirely of timber materials for the reasons outlined below. There are also conditions relating to the exterior paint scheme, restoration of one set of original doors relating to the pub use, and conditions requiring an interpretation plan to be prepared and completed.

With the imposition of these important conditions of consent, the development is considered satisfactory in terms of its consistency with the above objectives of the clause.


 

(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,

(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,

The development involves demolition of ancillary buildings, trees and alterations to the exterior of an existing building; and the erections of a new building. As such, development consent is required under this clause which the applicant has sought through the lodgement of the subject development 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).

The subject land comprises a prominent two storey brick building constructed sometime around the 1850s – possibly one of the earliest brick buildings within the city. The building was originally built by John Peisley as a corner store and was converted to the Railway Hotel in 1873, then became the Belmore Hotel in 1879, and then converted to the name many know it as today – the Carrington Club Hotel C.1886.

The original 1850s building was extended in both street frontages - to the west in Byng Street and to the north in Lords Place (newer section in Lords Place identifiable as the portion of building currently face brick (unpainted).

The original corner store building did not comprise a verandah; but one was constructed around the same time as the use was changed to a pub (C. 1870s).

The key elements in the assessment of the developments effect on heritage significance relate to the following:


 

Refurbishment of existing building

The development involves a refurbishment of the ground and first floors of the existing building to provide an open plan office design. There are no objections to this on heritage grounds. Significant fabric such as fire places will be retained (noting the above comments around the removal of the original stairs), and bulkheads will be installed where internal walls have been removed, thus allowing the previous floor plan to be interpreted into the future.

New two storey extension

There are no objections to the proposed additions to the west of the site. This element of the proposal is assessed in detail below under the infill guidelines assessment criteria.

Reinstated verandah

The application involves the reinstatement/reconstruction of a verandah with occupiable first floor space. The verandah reinstatement is generally supported by Council staff and encouraged by Council’s DCP and infill guidelines.

The materials for the verandah comprise steel components for the posts, roof supports, roof cladding, bearers and balustrade, and timber to be used for joists, decking, roof battens and decorative accent pieces.

With reference to original photographs of the historic pub use; the proposed verandah relates to the same portion of the building as the original verandah did and shares the same rhythm of post position and retains similar proportions.

In terms of selected materials and in particular the use of steel components, Council’s Heritage Advisor has recommended that in order to obtain the most historically accurate reinstatement/reconstruction of the verandah, and therefore the most appropriate in terms of heritage conservation; only identical fabric (in this case timber) as was originally used should be used for the reinstatement. In other words, the proposed steel elements are not appropriate for this particular traditional verandah reinstatement. The recommendation of Council’s Heritage Advisor is supported by Council’s Infill Guideline and the Burra Charter.

It is important to note the difference between sympathetic additions versus historically accurate reinstate/reconstruction. It is standard practice from a heritage conservation perspective for new development occurring in a heritage setting to, whilst maintaining appropriate siting, form, etc. adopt a design methodology that results in a visual distinction between old and new. This is to ensure future generations can easily interpret those parts of the building that are original from more recent additions. This development successfully achieves this principle for the new addition to the west of the site and the design rationale is supported.

In terms of a reinstatement/reconstruction of an element of a building that once existed but has since been removed or destroyed, the best practice is to rely on evidence (photographs, oral history etc.) to ensure the reinstatement is historically accurate in terms of position, size, form and materiality. In the absence of reliable evidence, a modern interpretation of the subject building element may be appropriate. In this case, historic photos of the original verandah are available for reference and should be relied upon to guide the design of the reinstated verandah.


 

Council staff wrote to the applicant outlining the concerns with using steel components within the verandah reinstatement. The applicant responded with the following:

In regard to the steel and timber elements on the proposed reconstructed verandah, it is our client’s preference to construct the verandah with powder coated steel posts and framing based on the following:

·   Timber verandah posts and framing are not favoured due to ongoing maintenance requirements. Steel has been selected and is considered a sympathetic solution. The posts will be of a generous dimension so as to appear substantial and robust. They will be provided with rounded edges and once they are painted, they will appear similar to timber. We are aware of other reconstructed verandahs in Orange that have used steel posts (for example Kelly’s Hotel).

·   From a structural engineering point of view, the applicant advises that a steel structure is less reliant on the support of the building compared to timber.

·   The applicant is prepared to consider timber in lieu of steel bearers to the first floor. Thus, in most views, timber will be evident.

·   The applicant advises that it will be difficult to source timber posts that are considered suitable for this project.

Council staff are not in agreement with the above contentions.

The maintenance argument is acknowledged, however for a building of this age a detailed maintenance schedule is essential to ensure its longevity and as such, maintenance of a new timber verandah would become a small part of the ongoing maintenance of the building at some point in the future. Also, Council offers a heritage grant for maintenance of heritage buildings which the owner could apply for in the future for maintenance.

It is also noted that the example cited, Kelly’s Rugby Hotel, is not considered a comparable example as support of their position. Kelly’s Rugby Hotel is not located in a heritage conservation area and at the time Council considered the verandah addition, the land was not a heritage item (it has since been listed as a heritage item, notwithstanding the materials used in the verandah, but primarily for the buildings social and historical value). An appropriate example in support of Council’s position is the Parkview Hotel which comprises a reinstated traditional timber verandah.

In response to the applicant contention that from a structural engineering point of view, the applicant advises that a steel structure is less reliant on the support of the building compared to timber. In order for Council staff to accept this contention, it would be necessary to provide detailed evidence from a structural engineer that the existing building is not capable of supporting a timber structure. Such detail has not been furnished to Council.

The applicant concession on the bearer material is appreciated.

It is understood from the experiences of Council’s Heritage Advisors dealing with similar verandah reinstatements, that sourcing appropriate timber products such as cypress, hardwood or glulam has not been problematic.


 

As such, the foregoing assessment concludes that the steel elements are considered an inappropriate material in this context. A condition is therefore attached requiring the verandah structure, including decking and balustrade (excluding roof cladding and small components such as fixings and brackets) to be constructed using timber components only.

Interpretation Strategy

During extensive pre-DA discussions, it was recommended that an interpretation strategy be prepared with the assistance of the Orange Historical Society as part of the redevelopment of the site. The applicant has responded with notes on the plans, suggesting a heritage wall within the foyer of the original building.

This is appreciated and considered to be a good starting point. Other types of appropriate interpretation could comprise brass plaques installed on the exterior walls of the original building, and reinstatement of one of the previous historic signs such as “W. Pullbrook” from C1870s (shown below).

Figure 2 - William Pulbrook’s Carrington Club Hotel C. 1901

Photo Courtesy E. Greer and R. Bartlett (2017)

A condition is attached requiring an interpretation strategy to be prepared prior to the issue of a Construction Certificate, and a further condition requiring the strategy to be implemented prior to the issue of a final Occupation Certificate.

(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.

The applicant has prepared a Heritage Impact Statement in accordance with NSW OEH guidelines which is considered acceptable for the purposes 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.

Not applicable. The land is not currently identified as a heritage item pursuant to Schedule 5 of the LEP 2011.

(7)     Archaeological Sites

          The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a)     notify the Heritage Council of its intention to grant consent, and

(b)     take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

The site is not a known archaeological site. Notwithstanding this, a precautionary condition is attached which sets out a procedure necessary to be followed in the event that an Aboriginal object or European relic is identified.

(8)     Aboriginal Places of Heritage Significance

          The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:

(a)     consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

(b)     notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

The land is not a known Aboriginal Place of Heritage Significance.


 

(9)     Demolition of Nominated State Heritage Items

          The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:

(a)     notify the Heritage Council about the application, and

(b)     take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

The land does not contain a Nominated State Heritage Item.

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

7.1 - Earthworks

This clause establishes a range of matters that must be considered prior to granting development consent for any application involving earthworks, such as:

(a)     the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development

(b)     the effect of the development on the likely future use or redevelopment of the land

(c)     the quality of the fill or the soil to be excavated, or both

(d)     the effect of the development on the existing and likely amenity of adjoining properties

(e)     the source of any fill material and the destination of any excavated material

(f)     the likelihood of disturbing relics

(g)     the proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area

(h)     any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).

The earthworks proposed in the application are limited to the extent of cutting the site along the western boundary in order for the finished floor levels to work. The extent of disruption to the drainage of the site is considered to be minor and will not detrimentally affect adjoining properties or receiving waterways.

The extent of the earthworks will not materially affect the potential future use or redevelopment of the site that may occur at the end of the proposed development's lifespan.

The site is not known to be contaminated, however a precautionary conditions is attached which outlines the protocol to be followed in the unlikely event of encountering contamination. Excavated materials are to be reused onsite as far as possible and conditions are imposed to require that surplus materials will be disposed of to an appropriate destination.


 

The earthworks will be appropriately supported onsite and the change in ground level is not substantial. Therefore, the effect on the amenity of adjoining properties is considered to be minor.

The site is not known to contain any Aboriginal objects, European or Archaeological relics. Due to the historical uses of the land it is possible that relics may be present. Accordingly, a precautionary condition is imposed to ensure that should site works uncover a potential object, relic or artefact; works will be halted to enable proper investigation by relevant authorities and the proponent required to seek relevant permits to either destroy or relocate the findings.

The site is not in proximity to any waterway, drinking water catchment or sensitive area. Conditions are imposed to require a sediment control plan, including silt traps and other protective measures, to ensure that loose dirt and sediment does not escape the site boundaries.

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 affected by the flood planning map. As such, flood related development controls apply. The applicant has nominated a finished floor level (FFL) of the new building as 861.215. The nominated finished floor level is above the 1% Annual Exceedance Probability and is considered acceptable. There is no requirement to alter the FFL of the existing building.

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.


 

The development involves additional impervious surfaces with the additional roof area of the new building. As such, it is essential that the engineering design results in post‑development stormwater levels that are equal to or less than pre-development levels. Council’s Technical Services have attached conditions of consent in this regard.

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 55 – Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land (SEPP 55) requires that a consent authority must not consent to the carrying out of development of land unless it has considered whether the land is contaminated; is satisfied that the land is suitable in its contaminated state for the development that is proposed; if the land requires remediation to be made suitable for the proposed development; it is satisfied that the land will be remediated before the land is used for that purpose.

Furthermore, SEPP 55 requires that before determining an application for consent to carry out development that would involve a change of use on any of the land specified in subclause (4), the consent authority must consider a report specifying findings of a preliminary investigation of the land concerned.


 

Given that the land has longstanding commercial uses of the land from the initial corner store to the more recent pub use, the likelihood of a previous use that could have resulted in contamination on the land is minimal. Accordingly, the development is considered satisfactory. Notwithstanding this, a precautionary condition is attached which outlines the protocol to be followed in the unlikely event that contamination is encountered.

State Environmental Planning Policy (Infrastructure)

State Environmental Planning Policy (Infrastructure) is applicable to the proposed development, specifically Clauses 45.

With respect to Cluse 45, a referral was sent to Essential Energy for comment as per the aforementioned clause. Essential Energy responded indicating no objection to the application, but outlined several standard requirements which are applied as advisory notes.

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.

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 (Chapters 0 – Transitional Provisions, 2 – Natural Resource Management, 3 – General Considerations, 8 – Development in Business zones, 13 – Heritage and 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 3(b) Business Services (Orange LEP 2000) is zone B4 Mixed Use zone (Orange LEP 2011). As such, Orange DCP 2004 – Chapter 8 Development in Business Zones is the chapter of primary relevance to this proposal. The provisions of Chapter 8 and other relevant chapters are considered below.

Chapter 2 - Natural Resource Management

Chapter 2 - Natural Resource Management provides planning outcomes for stormwater and groundwater quality, soil resource management, vegetation management and flora/fauna management; all of which have been considered above under the heading Orange LEP 2011 (stormwater, groundwater), Section 5A of the Act and/or likely impacts below.


 

Chapter 3 - General Considerations

Chapter 3 provides planning outcomes of a general nature. Those of relevance to this assessment relate to cumulative impacts and urban areas. These are both addressed elsewhere within this report.

Chapter 8 - Business Services Areas

·    Applications clearly demonstrate that the development will not detract from the role of the CBD as a regional centre.

The use of the land as an office premises in a peripheral CBD location will have a neutral effect on the CBD. The core CBD is retained for primary retail functions. The development is consistent with the above planning outcome.

·    Provision of adequate fire-safety measures and facilities for disabled persons (according to the BCA) is addressed at the application stage (relevant for all development but particularly important where converting residential buildings for business use).

Relevant conditions are attached in this regard.

·    Heritage streetscapes are conserved and enhanced through adaptive reuse of heritage buildings, restrained advertising and landscaped gardens.

An assessment of heritage conservation has been undertaken above.

No signage is proposed and conditions are attached in relation to landscaping.

·    Areas on the main roads into and out of Orange (such as Molong Road and Bathurst Road) provide a high level of architectural design to enhance the visual character of the City entrances.

Not applicable – the subject land is not located on a main road. Notwithstanding this, the development presents a sophisticated design approach that. by and large, responds positively in the context and setting.

·    All sites contain an element of landscaping. Landscaping provided is of a bulk, scale and height relative to buildings nearest the front property boundary so as to provide beautification and visual relief to the built form proposed or existing on the site. The depth of the landscape bed at the site frontage is sufficient to accommodate the spread of plantings that meet the abovementioned outcomes but, where practicable, a minimum depth of 3m is provided. Plantings are designed to provide shade for parking areas, to break up large areas of bitumen, to enhance building preservation and to screen against noise.

The application is supported by a basic landscape schematic which nominates several trees in strategic locations, including a tree in front of the new building in Byng Street, a tree in the central courtyard and three trees along the northern boundary. The landscape scheme does not nominate tree species, and as such a condition is attached requiring a detailed landscape plan be prepared nominating the selected tree species appropriate for their location.


 

Additionally, the condition requires prostrate landscaping to be installed between the eastern boundary and parking space 1. A further condition is attached that requires the landscape to be installed prior to the issue of a final occupation certificate.

Chapter 13 – Heritage

Heritage considerations have been addressed in detail above under the heading Clause 5.10 of Orange LEP and below under the Infill Guidelines. Both the foregoing and following assessments of the developments effect on the heritage significance of the locality confirm the development is acceptable.

Chapter 15 – Car Parking

The requirements for onsite parking as provided by the DCP are essential to ensure new development does not result in an unacceptable environmental impact in the locality as a result of an undersupply in parking. In the event the requisite physical spaces cannot be practically provided on the land, Council has the ability to levy a monetary contribution in lieu of the physical parking space as part of Council’s Section 94 plan. Such car parking spaces would be provided by Council in select locations on a strategic needs basis.

To assess this development’s car parking demand, it is necessary to establish the net increase in demand based on the proposed use and current approved use of the land.

Proposed Use – Office Premises

The DCP requires onsite parking for office premises to be provided at the rate of 1 space per 40m­­ of Gross Floor Area (GFA).

The submitted plans indicate that the total GFA of the development is 1416.5m2.

Accordingly, the development generates a demand of 35.4 on-site spaces.

Current Use – Pub

The DCP requires onsite parking for hotels inside the CBD at the rate of 1 space per 25m­­2 of bar, restaurant or gaming area.

Additionally, the current use incorporates hotel accommodation in the form of 16 rooms (first floor) and a two bedroom manager’s residence on the ground floor.

The use of the land as a pub commenced C1873, well before planning schemes existed and well before cars existed. As such, it is very unlikely that any onsite parking was required as part of the pub use. It is also likely that the upstairs accommodation was also provided around this time, again no onsite parking would have been required for this use.

It is noted five lockable parking spaces exist at the rear of the site. It is likely that these spaces were built more out of a desire to provide lockable onsite parking than under any previous planning consents that required the five spaces be provided.


 

Accordingly, it is considered that the land benefits from the following historic parking credits associated with the land.

Parking assessment of existing use

Component

Area/units

DCP Parking Rate

Required Spaces

Bar/restaurant/gaming

186m2

1 space /25m2

7.44

Accommodation

16 rooms

1 space / room

16

Licensees residence

2 bedroom flat

1.2 space/2 beds

1.2

Total

24.64

Net Increase in Demand = net increase in demand – current approved use (including any required spaces on the land)

Proposed use = 35.4 spaces

-

Existing use = 24.64 spaces

+

Existing spaces = 5

=

Net increase = 15.76

The submitted plans show the provision of 22 onsite parking spaces. Therefore, the development provides a surplus of required spaces. The development is considered acceptable in regards to onsite parking.

Notwithstanding the credits that apply to the land and the theoretic compliance with Council parking provisions, it is essential to ensure the development will not result in an unacceptable environmental impact in the locality based on parking provisions. This further assessment is undertaken below under the likely impacts section.

INFILL GUIDELINES

Council’s Infill Guidelines have been prepared to provide an assessment framework for developments located in heritage settings to ensure good quality and sensitive design outcomes. The framework is structured to guide development in heritage settings under five key heads of consideration, namely:

·     Character

·     Scale and form

·     Siting

·     Materials and Colour

·     Detailing

The subject land is located within the Central Heritage Conservation Area and is in the vicinity of several heritage items such as; Orange Court House; Robertson Park and 261 Lords Place. Accordingly, the Infill Guidelines apply to the assessment of this application.


 

The following provides an assessment against the assessment criteria.

Character

The character of the locality is described as an important precinct. The area comprises the Court House to the south, Robertson Park diagonally opposite the site to the south east, the civic quarter to the east, and a contiguous row of period dwellings to the north.

The subject land is located on the periphery of the CBD and is a prominent and important corner site, mostly as a result of its proximity to the abovementioned key sites, but also as it bookends the row of single storey dwellings that make up the remainder of the development pattern of Lords Place.

The character of Byng Street comprises a mix of commercial architectural styles, from small converted later Victorian cottages, to more recent examples of commercial building types. The northern side of Byng Street comprises a varied front building alignment and inconsistent built form and scale of buildings.

The proposed development with the reinstated verandah, refurbished original building and contemporary additions will further reinforce the existing building’s prominence within the street. The development will result in an existing gap in the Byng Street streetscape filled with appropriate built form, resulting in a development that strengthens and enhances the existing character of this important precinct within the city.

Scale and form

The scale and form of the development has been strongly influenced by the surrounding context and the heritage characteristics of the area. The new building adopts a sympathetic and subordinate scale in comparison to the existing historic building on the land, allowing the existing building to remain the dominant building within the site and retaining views of the former pub from select vantage points in Byng Street. This has been achieved whilst carefully balancing the scale of the new building with the scale of the development of adjoining development to the west.

The form of the new building, particularly with reference to the Byng Street elevation, adopts a contemporary rectilinear form, with recessed elements at ground level to allow for the slope of the land and provide a transitional setback at (ground level) between the former pub and adjoining building to the west. The first floor extends out towards Byng Street past the ground, in reference to the traditional zero setback of commercial buildings evident with the former pub and buildings further west in Byng Street. This is again achieved whilst being cognisant of the hierarchy of important buildings within the site.

In terms of the scale of the new building within the Lords Place elevation, whilst at two storeys in height, a greater setback is adopted in this part of the site so as to relate more appropriately to the adjoining development pattern of single storey former dwellings with generous front setbacks.

The form of the new building in the northern portion of the site adopts a complex roof form, which results in a small hip roof that is intended to interpret a traditional hip roof evident in the surrounding former dwelling. This at the same time reduces the bulk of the two storey high building form by breaking the top part of the wall into two elements. The bulk of this elevation is also lessened through the use of a mix of materials in the vertical plane.


 

The design rationale adopted for the development has resulted in a design that is cognisant of the important relationship the new building has with the historic building on the land, as well as the importance of acknowledging the built form of the adjoining land. Accordingly, the development is satisfactory in terms of scale and form.

Siting

The siting of buildings within this part of Byng Street is varied. Whilst the majority of buildings on the northern side of Byng Street are positioned on the street, the adjoining building to the west has an approximate front setback of 6m.

The design has responded to this anomaly in the setback pattern in the street by siting the ground floor in line with the adjoining land. However, given the rise in Byng Street to the west, the ground floor will only be partially above street level and will be softened landscaping at the street frontage.

The first floor projects out over the ground floor towards the street to recognise the prevailing setback pattern within the street, but respects the important former pub by being recessed behind the front building line of the former pub. The siting of the first floor will provide a visually comfortable transition between the former pub and the adjoining building with the greater setback.

The development pattern within Lords Place is entirely different to that in Byng Street and the design rationale has appropriately responded to this. The western side of Lords Place, save for the former pub, comprise single storey period dwellings (some are former dwellings adaptively reused for offices or medical use, and some continue to be used as dwellings) with generous landscaped setbacks.

The design responds to the prevailing development pattern by providing a generous setback within Lords Place.

The siting of the existing building will remain unchanged.

The trees within the site nominated as being removed are not considered to have a high level of visual amenity, and as such there are no objections to their removal provided that suitable replacements are incorporated.

The submitted plans show provision of three trees along the northern boundary and a single tree within the front setback area within Byng Street. The tree within the Byng Street setback will be a key feature of the street frontage and will help integrate the development within the street. However, the species and mature height need to be carefully considered to ensure the tree fits in the envelope available with the new buildings first floor projecting towards Byng Street. Conditions are attached in regards to the replacement trees.

Materials and Colour

The applicant has provided a materials board which is generally acceptable. The design incorporates a mix is materials including:

·    Pre-finished cladding – smooth finish grey

·    Honed designer block – grey

·    Paint finished FC walls – yellow


 

·    Designer block – dark grey

·    Masonry cladding

·    Galvanised corrugated roof sheeting

·    Mashman terracotta chimney pots

·    Paint finish – various colours

·    Timber and steel verandah

The materials selection are acceptable except for the materials selected for the verandah reinstatement as outlined above and the selected paint scheme.

In terms of the exterior paint scheme which relates to the former pub building, certain principles behind the paint scheme are appreciated such as the lighter colour of the later addition to the north in Lords Place. This will delineate the two stages of the buildings history. However, in terms of the selected colours, Council’s Heritage Advisor has provided a list of suggested colours which are considered more appropriate in the context and setting, advising the selected colour pallet is a combination of grey and off white, rather than a traditional heritage colour palette.

The applicant has indicated that they would accept a condition requiring the provision of a final paint scheme for approval prior to the issue of a construction certificate. However, to ensure certainty within the condition, the condition specifies the paint colours recommended by Council Heritage Advisor.

Detailing

The proposed detailing is generally acceptable, except for the conditions in relation to material used in the construction of the reinstated verandah.

Further conditions are attached to ensure services provided to the underside of the under‑croft parking area roof are suitably screened. Also, the bin enclosure is required to be suitably screened from view within the street.

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

Demolition of a Building (clause 92)

The proposal involves the demolition of an existing five bay covered parking area and small lean-to type buildings at the rear of the existing pub. 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)

The proposal involves a change of building use for an existing building. Council is satisfied that the fire protection and structural capacity of the building are appropriate for the proposed new building use. Relevant conditions are attached.


 

Buildings to be Upgraded (clause 94)

Upgrading of the building will be required to ensure the existing building is brought into partial or total conformity with the Building Code of Australia. Conditions are attached in relation to the required upgrading works.

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

Context and Setting

The subject land is located on a prominent corner site in proximity to significant heritage items and opposite the civic quarter. The development pattern comprises a mix of two or more storeys within Byng Street and single storey period dwellings (some adaptively re-used for commercial purposes) within Lords Places. It is noted that large buildings such as the rear of the Police station and Metropolitan Hotel are visible in the background of the dwellings when viewed from Lords Place and Hampden Avenue. In other two storey buildings at the boundary are not atypical in this commercial precinct.

The foregoing and following assessment concludes that the development is not incompatible with its context and setting.

Access, Traffic and Parking

The development is considered acceptable in terms of access and traffic. The revised access arrangements with new access in Lords Place has not generated any objections. The access point is sufficiently sited from the roundabout so as to not cause conflict. Traffic generated by the development is not expected to be significant and can easily be catered for by the existing surrounding road network.

It is noted that Council’s Technical Service Division have attached a condition that requires deletion of the automated sliding gate at the boundary. This is due to insufficient space available for a vehicle to be entirely off the road/footpath while the gate opens.

Council staff presented these concerns to the applicant offering a possible solution to reposition the gate further within the site sited between parking spaces 2 and 3. This would allow a vehicle to wait wholly within the subject land to wait for the gate to open without impacting on Lords Place or the adjacent footpath.

The applicant responded with an assurance that the gate would be programmed to open at 6am and close at 6pm (in other words open before staff arrived and close once staff have left).

This arrangement has not been accepted by Council’s Technical Services Division and the condition remains imposed.

In terms of parking provisions the development is considered acceptable. With consideration of the historic parking credits the development provides an oversupply. If the parking credits did not apply, the development provides 70% of the requisite physical parking spaces required under the DCP.

An environmental impact could occur in circumstances where the percentage of actual physical spaces provided onsite is much lower than 70%, but the balance is met by a previous use that provides for a large credit of spaces. This is not the case in this circumstance as the applicant has provided over and above the required amount.


 

On this basis the provision of physical spaces provided onsite is such that the development is unlikely to result in an unacceptable environmental impact.

It is noted that the proposed new driveway in Lords Place will result in the loss of at least 2 on street car parking spaces. This arrangement is considered acceptable in this case given that closure of the driveway in Byng Street will provide opportunity for a corresponding number of replacement car parks in the locality.

Public Domain (street trees)

The development will make a positive contribution to the public domain. The removal of the trees within the site adjacent to the existing Byng Street entrance will allow the street in Byng Street to grow without competition.

The street tree in Lords Place will require judicious pruning of certain branches to allow practical vehicular access to the site. The application was referred to Council’s Manager City Presentation prior to lodgement, at which time no objections were conveyed and recommended the imposition of conditions relating to the protection of street trees.

The development is considered acceptable in terms of the effect on the public domain.

Heritage Impacts

Impacts upon the significance of the heritage conservation area and heritage items in the vicinity of the subject land have been considered in detail above.

Noise impacts

Council’s Environmental Health and Building Surveyor has not raised any concerns in regards to noise impacts, specifically the air conditioning units which are nominated on the plans in enclosures well separated from the boundaries. Additionally, the expected hours of operation of the office premises are such that it is not likely to create any noise impacts upon the adjoining land to the north from car movements within the subject land.

Adjoining amenity

In terms of the developments’ impact on the adjoining property to the west, the impact will be immaterial. The adjoining building is a two storey commercial building built on the boundary.

In terms of the developments’ impact to the adjoining property to the north; the impacts on this property will be within acceptable limits. The adjoining property to the north recently sought approval to be used for the purposes of office premises and serviced apartment; and although the building appears like a dwelling, the building is a commercial property and less sensitive to things like privacy, overshadowing and bulk.

Notwithstanding this, the design of the development with the generous setback to the street, complex roof form providing a hip roof (through the north elevation), articulation and mixed materials in the north elevation, will mean the impacts upon the adjoining building to the north will be within acceptable levels.


 

It should also be noted for completeness that there will be limited privacy impacts – the only impact arises from the internal balcony which is well separated from the northern boundary; and no overshadowing impacts as the subject land is to the south of the adjoining former dwelling with the new development only shadowing the roadway.

The development is therefore considered acceptable in terms of impacts upon the amenity of adjoining land.

Environmental impacts

The subject land does not comprise any native vegetation within the land and as such is considered acceptable.

Safety, Security and Crime Prevention

The design of the development is acceptable in terms of safety, security and crime prevention. The design will allow reasonable causal surveillance of the public and private areas. The access points to the building are in appropriate locations to allow safe entry/exit from the building with limited unlit or secluded areas within the site to allow unwelcome people within the site to hide.

Social Impacts

The development is likely to have a neutral effect on the social cohesion of the city. There are no aspects of the development that would lead to unacceptable social impacts.

Economic Impacts

The development will present a boost to the economy through job create and economic stimulation during the construction phase.

Post-construction the development has the potential to create jobs related to the office use.

There are no aspects of the development that would result in unacceptable economic impacts in the locality.

Construction Impacts

The construction phase of the development has the potential to create short-term impacts associated with parking of construction worker vehicles, deliveries to site etc. These impacts are unavoidable for a construction of this size in an urbane environment, but whilst they are unavoidable they are only short-term for the duration of the construction phase. Notwithstanding this, given the context and setting of the development site, the construction impacts need to be carefully managed and as such a condition is attached that requires a construction management plan to be prepared that addresses such things as parking of construction workers, site deliveries, dust mitigation etc.

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.

The construction phase of the development could potentially create one or more of the above scenarios, however appropriate conditions are attached to ensure the development occurs in a satisfactory manner.

The development is not expected to result in any of the above scenarios. This is due to the design, operation and relevant conditions of consent.

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

The proposed development continues the longstanding commercial use of the land and will continue to be an appropriate fit in the locality.

There are no site attributes such as natural, physical or technological hazards that would unreasonably constrain the development from occurring in a satisfactory manner.

The site is thus, 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 one submission was received.

The submission does not raise any specific objection to the proposal, but does provide a detailed history of the site (including photos) which Council staff will use to update the relevant heritage inventory sheet for the property.

The submission does question the heritage status of the land, suggesting the land (and the building upon the land), in the submitter’s opinion, would meet the relevant criteria to warrant being identified as an individual heritage item.

The reasons why the property is not a heritage item are not entirely clear, it is perhaps the case that it was overlooked and if the case, Council staff will look to list the property as part of any future review of heritage items within the city.

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 in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

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, D17/55477

2          Plans, D17/54103

3          Submission, D17/54422

 


Council Meeting                                                                                                   3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 1      Notice of Approval

 

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

 

Development Application No DA 259/2017(1)

 

NA17/                                                                                               Container PR1974

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

 

Development Application

 

  Applicant Name:

Saran Holdings Pty Ltd

  Applicant Address:

C/- Peter Basha Planning and Development

PO Box 1827

ORANGE  NSW  2800

  Owner’s Name:

Saran Holdings Pty Ltd

  Land to Be Developed:

Lot 3 DP 150391 - 129-131 Byng Street, Orange

  Proposed Development:

Office Premises (change of use from pub, alterations and additions to existing building, and verandah reinstatement) and Demolition (ancillary buildings and tree removal)

 

 

Building Code of Australia

 building classification:

 

To be determined by the PCA

 

 

Determination

 

  Made On:

3 October 2017

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

4 October 2017

Consent to Lapse On:

4 October 2022

 

Terms of Approval

 

The reasons for the imposition of conditions are:

(1)      To ensure a quality urban design for the development which complements the surrounding environment.

(2)      To maintain neighbourhood amenity and character.

(3)      To ensure compliance with relevant statutory requirements.

(4)      To provide adequate public health and safety measures.

(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)        Plans by Peter Basha Planning and Development Reference 17015DA dated 10 July 2017 sheets 1 to 3 (5 sheets)

Plans by Havenhand Mather Architects Planners Job no. 1704 dated 22 August 2017 DA.01 – DA.14 (inclusive); CS.01 – CS.03 (inclusive); materials board (17 sheets and 1 materials board).


(b)      Statement of environmental effects or other similar associated documents that form part of the approval

 

as amended in accordance with any conditions of this consent.

 

 

PRESCRIBED CONDITIONS

 

(2)      All building work must be carried out in accordance with the provisions of the Building Code of Australia.

 

(3)      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.

 

(4)      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 this condition not applying.

 

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(5)      All structural members and finishes of the reinstated/reconstructed verandah (including posts, frame, flooring, balustrade, facia, post corner brackets and decorative features) shall be a constructed entirely of timber.  Architectural plans shall be amended to detail the timber verandah prior to the issue of a Construction Certificate.

 

(6)      The exterior paint scheme of the former pub building and reinstated verandah shall consist of the following colours:

·        Walls (identified as “D”  and “K” on plans CS.01 and CS.03) – Dulux ‘Portland Stone’

·        Walls (identified as “J” on CS.03) – Dulux ‘Narrow Neck’

·        Window sills – Dulux ‘Brownstone’

·        Windows – Dulux ‘Wine Cellar’

·        Verandah posts and beams (identified as “I” on plan CS.03) –– Dulux ‘Regency white’

·        Verandah brackets, skirts and trim moulds – Dulux ‘Wine cellar’

·        Verandah top handrail - Wine Cellar

·        Verandah top beam and fascia – Dulux ‘Regency White’ to match the posts.

 

The Exterior Finishes Plans CS.01 – CS.03 shall be amended to reflect the above changes and be submitted to, and approved by, Council’s Manager Development Assessments prior to the issue of a Construction Certificate.


 

(7)      The following details shall be incorporated into the design of the development. Plans clearly showing the below details shall be submitted to, and be approved by, Council’s Manager Development Assessments prior to the issue of a construction certificate:

·        For the north elevation and east elevation of the north-west wing, a screening detail shall be provided sufficient to fully conceal any plumbing or services beneath the slab.

·        Bin and plant enclosures at ground level are to be minimum 1500mm high with vertical slats in Dulux Brownstone or equal.

·        The roofing and stormwater goods are to be heritage galvanised steel and should utilise rolled flashings, smooth unperforated quad gutters with circular downpipes.

·        Mashman capped terra-cotta chimney pots are to be fitted to all chimneys.

 

(8)      A heritage Interpretation Plan shall be prepared for the site and shall be submitted to, and be approved by, Council’s Manager Development Assessments prior to the issue of a construction certificate. The plan should include such things as the heritage wall in the foyer, brass heritage plaques on the exterior wall of the former pub and reinstatement of some historic signage on the reinstated verandah or restored ground level door. The plan shall be development in accordance with NSW Office of Environment and Heritage guidelines and with assistance from the Orange Historical Society. 

 

(9)      A detailed landscape plan shall be submitted to and be approved by Council’s Manager Development Assessments. The plan shall nominate tree species for the five new trees shown on the approved plans. The selected tree species need to be appropriate for their respective locations taking into account orientation, proximity to building or boundaries, etc. The plan shall also show the provision of a garden bed with prostrate planting to the area between the front boundary (Lords Place) and on-site car parking space 1.

 

(10)    A construction management plan shall be submitted to, and be approved by Council’s Manager Development Assessments prior to the issue of a Construction Certificate. The plan shall address such things as parking of construction worker vehicles, delivery arrangements, crane lift or concrete boom locations, dust mitigation, noise and vibration mitigation, rubbish and waste removal, complaints handling, etc. The plan shall be adhered to for the duration of the construction phase of the development.

 

(11)    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. No plumbing and drainage is to commence until approval is granted.

 

(12)    Council/Accredited Certifier is to be provided with a Fire Safety Upgrade Report prepared by a suitably qualified person. The report is to specify upgrade works proposed in order to bring the existing building into compliance with the Building Code of Australia. Where the report recommends the use of an alternative fire engineered solution, specific design details must be provided to Council/Accredited Certifier with the report. Please note that an alternative solution must be carried out by a certified Fire Engineer.

 

(13)    The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

 

(14)    Engineering plans providing complete details of the proposed driveway and car parking areas are to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and are to be in accordance with Orange City Council Development and Subdivision Code.

 

(15)    All stormwater from the site is to be collected and piped to the existing piped drainage system in Byng Street or Lords Place. Prior to a Construction Certificate being issued engineering plans for this work are to be submitted to and approved by Orange City Council.


 

(16)    The existing 150mm-diameter sewer main is to be reconstructed from the manhole located at 259 Lords Place to the manhole located in the roadway of Byng Street. Prior to a Construction Certificate being issued engineering plans for this work are to be submitted to and approved by Orange City Council.

 

(17)    Prior to the issue of a Construction Certificate the applicant shall pay Orange City Council to undertake the following works:

·    Reconstruct the existing 150mm diameter sewer line located under the proposed building from the manhole located at 259 Lords Place to the manhole located in the roadway of Byng Street; and

·    Decommission the existing sewer manhole under the proposed building; and

·    Construct a new sewer junction clear of the proposed building.

 

Evidence of payment for the above works will be required to be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate.

 

(18)    A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

 

(19)    Prior to the issue of a Construction Certificate the plans shall be amended to delete the sliding gate located on the Lords Place driveway.

 

 

PRIOR TO WORKS COMMENCING

 

(20)    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.

 

(21)    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.

 

(22)    A dilapidation report prepared by a suitably qualified engineer is to be submitted to Council addressing the current condition of the buildings that are adjoining the development site, and also the existing building that is to remain as part of this development.

 

(23)    Soil erosion control measures shall be implemented on the site.

 

 

DURING CONSTRUCTION/SITEWORKS

 

(24)    Tree Protection Zones (TPZ) in accordance with AS4970 – 2009 shall be installed around the street trees in front of the subject land in both Byng Street and Lords Place. Such measures shall include, but not be limited to, tree trunk protection in accordance with the applicable standard and temporary fencing, as a minimum, around the Structural Root Zone (SRZ) of the respective tree.

 

The establishment of the TPZs shall be undertaken in consultation with Council’s Manager City Presentation.

 

(25)    Should either street trees within the frontage of the subject land require pruning work to enable the development, the work shall firstly be approved by Council’s Manager City Presentation and upon approval be undertaken by Council’s Tree Care team. The beneficiary of the consent shall be responsible for all costs associated with the pruning work. At no point shall construction workers or other personnel undertake pruning of the street trees.


 

(26)    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.

 

(27)    In the event of an unexpected find during works such as (but not limited to) the presence of undocumented waste, odorous or stained soil, asbestos, structures such as underground storage tanks, slabs, or any contaminated or suspect material, all work on site must cease immediately.  The beneficiary of the consent must discuss with Council the appropriate process that should be followed therein. Works on site must not resume unless the express permission of the Director Development Services is obtained in writing.

 

(28)    The retained ground floor external Byng Street door set shall be restored and retained in place.

 

(29)    Any surplus excavated material shall be disposed of at an approved location.

 

(30)    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.

 

(31)    A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority.

 

(32)    All construction works are to be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans.

 

(33)    All materials on site 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.

 

(34)    Building demolition is to be carried out in accordance with Australian Standard 2601:2001 - The Demolition of Structures and the requirements of Safe Work NSW.

 

(35)    Asbestos containing building materials must be removed in accordance with the provisions of the Work Health and Safety Act 2011 and any guidelines or Codes of Practice published by Safe Work NSW, and disposed of at a licenced landfill in accordance with the requirements of the NSW EPA.

 

(36)    Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer.

 

(37)    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.

 

(38)    A 6.0m wide heavy-duty concrete kerb and gutter layback and footpath crossing is to be constructed in the position shown on the plan submitted with the Construction Certificate application. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code.

 

(39)    The existing Byng Street kerb and gutter layback that is not proposed to be used is to be replaced with standard concrete kerb and gutter and the adjacent footpath area re‑graded to the shape and level requirements of footpaths in the Orange City Council Development and Subdivision Code.


(40)    The existing water and sewerage services, where they are not proposed to be used as part of this development, are to be sealed off at their respective Council mains.

 

(41)    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

 

(42)    A total of 22 off-street car parking spaces shall be provided upon the site in accordance with the approved plans, the provisions of Development Control Plan 2004, and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

 

(43)    Landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

 

(44)    The heritage interpretation plan shall be fully implemented prior to the issue of a final occupation certificate.

 

(45)    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.

 

(46)    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.

 

(47)    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.

 

(48)    An easement, to drain sewage and to provide Council access for maintenance of sewerage works, a minimum of 2.0 metres wide is to be created over the proposed sewerage works. Evidence that the easement has been registered is to be submitted to the Principal Certifying Authority prior to issuing of an Occupation Certificate.

 

(49)    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, works on public roads, 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, and that Council will take ownership of the infrastructure assets.

 

(50)    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

 

(51)    Emitted noise shall not exceed 5dB(A) above background sound level measured at the nearest affected residence.

 

(52)    Any ancillary light fittings fitted to the exterior of the building are to be shielded or mounted in a position to minimise glare to adjoining properties.


 

(53)    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 – ESSENTIAL ENERGY

 

(1)      Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property are complied with.

 

Council ensures that satisfactory arrangements have been made with Essential Energy for the provision of power to the development. It is the Applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the development, which may include the payment of fees and contributions.

 

Essential Energy’s records indicate there is electricity infrastructure located within close proximity of the property. Any activities within this location must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure.

 

Prior to carrying out any works, a “Dial Before You Dig” enquiry must be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW).

 

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. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Powerlines.

 

 

 

 

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:

 

PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS

 

Date:

 

4 October 2017

 


Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 2      Plans

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Council Meeting                                                                                              3 October 2017

5.3                       Development Application - DA 259/2017(1) - 129-131 Byng Street

Attachment 3      Submission

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Council Meeting                                                                                          3 October 2017

 

 

5.4     Development Application - DA 299/2017(1) - 59-67 Bathurst Road

TRIM REFERENCE:        2017/2002

AUTHOR:                       Summer Commins, Senior Planner    

 

 

EXECUTIVE Summary

Application lodged

17 August 2017

Applicant/s

Kinross Wolaroi School

Owner/s

The Uniting Church in Australia Property Trust (NSW)

Land description

Lot 30 DP 1190518 - 59-67 Bathurst Road, Orange

Proposed land use

School (new building for classrooms and support facilities; site works)

Value of proposed development

$2,400,000

Council's consent is sought for proposed school (new building for classrooms and support facilities; and site works) at Kinross Wolaroi School (KWS), located at 59-67 Bathurst Road, Orange.

The proposal involves construction of a two-storey building containing classrooms and support facilities, and associated site works. The proposed building will be located to the north-west of existing preparatory school buildings, towards the Allenby Road site frontage. The proposal includes the relocation of the existing cricket nets to allow for the construction of the two-storey building.

The proposed development comprises ‘advertised development’ pursuant to Orange Development Control Plan (DCP) 2004-5.3. Public notice and exhibition of the application was undertaken, and two submissions were received. The issues raised in the submissions relate to the impacts of construction works on the structural integrity of nearby dwellings.

The subject land contains a Local heritage item, namely “Wolaroi” former mansion, pursuant to Orange Local Environmental Plan (LEP) 2011. The proposed development will not have adverse impact on the significance of the heritage item.

The proposal does not contravene the applicable planning provisions applying to the subject land and particular landuse. Impacts of the development are considered to be within reasonable limit, consistent with applicable State and Local standards, and addressed by appropriate conditions of development consent. Approval of the application is recommended.

DECISION FRAMEWORK

Development in Orange is governed by two key documents Orange Local Environment Plan 2011 and Orange Development Control Plan 2004. In addition the Infill Guidelines are used to guide development, particularly in the heritage conservation areas and around heritage items.


 

Orange Local Environment Plan 2011 – the LEP should be considered by Council to be a definitive document. LEPs govern the types of development that are permissible or prohibited in different parts of the City and also provide some assessment criteria in specific circumstances. Uses are either permissible or not - there are no grey areas in terms of permissibility. The objectives of each zoning and indeed the aims of the LEP itself are, however, open to interpretation and can be used to guide decision making around appropriateness of development.

Orange Development Control Plan 2004 – the DCP guides development. In general it is a performance based document rather than prescriptive in nature - its purpose is to guide development. The Land and Environment Court tends to view it as such. In each area of interest there are often guidelines used. These guidelines indicate ways of achieving the planning outcomes. It is thus recognised that there may also be other solutions of merit. All design solutions are considered on merit by planning and building staff. Applications should clearly demonstrate how the planning outcomes are being met where alternative design solutions are proposed. So one can see that the DCP gives leeway for developers and architects to use design to achieve the outcome in other ways if they can. Stating that DCP guidelines are inflexible can be misleading.

The planning report demonstrates that the proposed development is consistent with Council’s adopted planning controls for this locality. It is recommended that Council supports the development.

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

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council consents to development application DA 299/2017(1) for School (new building for classrooms and support facilities; site works) at Lot 30 DP 1190518 – 59‑67 Bathurst Road, 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 PROPOSAL

The proposal involves construction of a new building on the campus of Kinross Wolaroi School, located at 59-67 Bathurst Road, Orange.

The proposed building will be located to the north-west of existing preparatory school buildings and west of existing sports fields, as depicted below.

Figure 1 – location of proposed building

The building will be two-storey, with a footprint of 36m long x 12m wide and a ridge height of 9.5m. The proposed development has a substantial setback to Allenby Road. The proposed building will be contemporary in design and detailing with rectangular form, hipped roof profile, extensive glazing, verandah decoration and mix of external finishes. Ground floor accommodation will comprise three classrooms, staff rooms, office/meeting room, communications room, amenities and storeroom. Five classrooms will be located on the first floor.

The building design is depicted below.

Figure 2 – west elevation


 

Council is advised that the proposal does not involve any increase in enrolment capacity. The proposed development will enable existing facilities to be refurbished and used for other educational purposes within the current capacity of the school.

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.

In consideration of Section 5A, the subject land is not identified as “biodiversity sensitivity” on the Orange LEP 2011 Terrestrial Biodiversity Map. The development site for the proposed building is located on the edge of existing playing fields, and excepting immature specimen trees, comprises vacant cleared land. Significant vegetation, threatened species or ecological endangered communities or their habitats are unlikely to be present on the land.

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 the above objectives, as outlined in this report.

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 R1 General Residential

Lot Size Map:

No minimum lot size

Heritage Map:

Local heritage item

Height of Buildings Map:

No building height limit

Floor Space Ratio Map:

No floor space limit

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

Flood Planning Map:

Not a flood planning area

Those matters that are of relevance are addressed in detail in the body of this report.


 

Part 2 - Permitted or Prohibited Development

Clause 2.1 Land Use Zones

The subject site is located within the R1 General Residential zone. The proposed development is defined as “educational establishment (school)” under OLEP 2011. Pursuant to the Dictionary:

Educational establishment means a building or place used for education (including teaching), being:

(a)     a school, or

(b)     a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under

Educational establishments (including schools) are a permitted landuse in the R1 General Residential zone, pursuant to Clause 35 of Part 4 of State Environmental Planning Policy (SEPP) (Educational Establishments and Child Care Facilities) 2017.

Clause 2.3 Zone Objectives and Land Use Table

The objectives for land zoned R1 General Residential are as follows:

·    To provide for the housing needs of the community.

·    To provide for a variety of housing types and densities.

·    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

·    To ensure development is ordered in such a way as to maximise public transport patronage and encourage walking and cycling in close proximity to settlement.

·    To ensure that development along the Southern Link Road has an alternative access.

The proposed development is not contrary to the relevant R1 zone objectives. The proposal is ancillary to the existing and longstanding school use of the site and is a permitted landuse.

Part 3 Exempt and Complying Development

The application is not exempt or complying development.

Part 4 Principal Development Standards

The Part 4 Principal Development Standards do not relate to the subject land or proposed development.

Part 5 Miscellaneous Provisions

Clause 5.9 - Preservation of Trees or Vegetation

Clause 5.9 is applicable. This clause states in part:

(3)     A person must not ringbark, cut down, top, lop, remove, injure or willfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:

(a)     development consent, or

(b)     a permit granted by the Council

In consideration of Clause 5.9, the proposed development will necessitate removal of four (4) prescribed trees from the site. Council’s Manager City Presentation raised no objection to tree removal as proposed, as the trees are ‘immature specimens;’ further, replacement planting will not be required as ‘the school has a sound philosophy and there are many young trees across the site.’

5.10 Heritage Conservation

The subject land contains a Local heritage item, namely “Wolaroi” former mansion (Item I9). As such, Clause 5.10(4) is applicable and states:

(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).

The Orange Heritage Inventory provides the following Statement of Significance for Wolaroi:

“A substantial original Victorian period Italianate style brick residence with elaborate brick and cast iron details and additions set within a mature landscape incorporating many cultural plantings, the adaptations over successive generations for private school use complement the original architecture and contribute to the significance of the site as an item of State heritage significance in relation to architecture and education”.

It is considered that the proposed development will not adversely impact on the significance of the heritage item due to the following:

·    The mansion will be retained in its current form. The proposed development does not involve works to the building, its curtilage, landscape setting or entrance driveway. The landmark character of the heritage item will not be impacted by the proposal.

·    There is nil-negligible spatial and visual relationship between the mansion and proposed development. The proposed building will be sited some 200m from the heritage item, with intervening development comprised of numerous school buildings of varying architectural styles and eras.

·    The proposed building design and detailing will reasonably complement more recent buildings on the school campus, and contribute to a harmonious and cohesive setting.

·    The proposed building is readily identifiable as new work, and will provide for interpretation and appreciation of the mansion.

·    The development site is unlikely to contain archaeological items or deposits associated with the heritage item. The site for the proposed building is well removed from the mansion, and has been subject to previous extensive earthworks associated with construction of the playing fields and drainage works.


 

·    The proposed development will have nil impact on significant views of the heritage item. The main driveway will be retained in its current form, with no impact on the sense of arrival at the mansion. Views of the item from the development site are already obstructed by intervening development of other school buildings. The development site is lower in elevation than the heritage item; the proposed building will not dominate the mansion in terms of height.

·    The proposed tree removal will comprise the loss of non-contributory landscaping, with nil impact on the overall site landscape setting.

·    The proposal involves an intensification of the existing and longstanding educational use of the land, upon which the heritage significance of the site is partly derived.

The proposed development was reviewed by Council’s Heritage Advisor. No objection was raised to the proposal on heritage conservation grounds.

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

7.1 Earthworks

Clause 7.1 applies. This clause states in part:

(3)     Before granting development consent for earthworks, the consent authority must consider the following matters:

(a)     The likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development

(b)     The effect of the development on the likely future use or redevelopment of the land

(c)     The quality of the fill or the soil to be excavated, or both

(d)     The effect of the development on the existing and likely amenity of adjoining properties

(e)     The source of any fill material and the destination of any excavated material

(f)      The likelihood of disturbing relics

(g)     The proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area

(h)     Any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).

In consideration of this clause, the proposal is suitable. Site works will be required for the proposed building and associated stormwater management (refer Clause 7.3 below). The earthworks will be supported onsite and the change in ground level will be insubstantial. Alterations to drainage and stormwater flows will be contained within the site and will not detrimentally adjoining properties. Conditions are recommended in relation to stormwater management and sediment and erosion control during construction.


 

7.3 Stormwater Management

Clause 7.3 is applicable. This clause states in part:

(3)     Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a)     is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site infiltration of water

(b)     includes, where practical, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water

(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.

Council’s Development Engineer advises:

“The proposed building is located adjacent to a major overland flow path from a stormwater detention basin as well as a minor overland flow path from the adjacent playing fields. Site works are required to contain and direct stormwater flows and control the top water level of the flows where they converge adjacent to the building.”

Conditions are recommended in relation to stormwater management (retention works and finished floor levels) to address overland flows and achieve compliance with Clause 7.3.

Clause 7.6 Groundwater Vulnerable

The subject land is identified as Groundwater Vulnerable on the Groundwater Vulnerability Map. Clause 7.6 applies. This clause states in part:

(3)     Before determining a development application for development on land to which this clause applies, the consent authority must 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.

In consideration of Clause 7.6, the proposal is considered to be acceptable. The proposed school building will not involve processes or activities that would impact on groundwater resources.

Clause 7.11 Essential Services

Clause 7.11 is applicable and states:

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required:

(a)     the supply of water


 

(b)     the supply of electricity

(c)        the disposal and management of sewage

(d)     storm water drainage or on-site conservation

(e)     suitable road access.

In consideration of this clause, all utility services are available to the land and adequate for the proposed building:

·    the subject land is connected to reticulated water supply

·    electricity and telecommunications are available to the land

·    the site is connected to Council’s reticulated sewerage system

·    subject to augmentation, stormwater management for the subject land is suitable

·    the proposal will not alter existing site accesses via Bathurst Road, Cox Avenue and Allenby Road.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No. 55 Remediation of Land

The proposed development is consistent with the relevant provisions of SEPP No. 55 Remediation of Land:

·    It is unlikely that the subject land is contaminated, pursuant to Clause 7(1) Contamination and remediation to be considered in determining development application. The development site has longstanding ancillary educational use; is not located within an investigation area; and is not known to have been used for a purpose listed in Table 1 to the contaminated land planning guidelines. The site of the proposed building is on the fringe of a sports field. Site inspection does not suggest any evidence of soil contamination. Preliminary contamination investigation as a precursor to potential site remediation is considered unnecessary for the proposed development.

·    The proposal does not involve a change of use for educational purposes (Clause 7(4)), but rather an intensification of the existing educational use of the land. A detailed contamination investigation is not required for the proposed development.

State Environmental Planning Policy (Infrastructure) 2007

The proposed development is consistent with the relevant provisions of SEPP (Infrastructure) 2007:

·    The proposal will have nil impact on the safety, efficiency and ongoing operation of Bathurst Road (being a classified road) pursuant to Clause 101 Development with frontage to a classified road. The development will not alter existing vehicular access arrangements to the site via Bathurst Road, Cox Avenue and Allenby Road.


 

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

The proposed development is consistent with the relevant provision of SEPP (Educational Establishments and Child Care Facilities) 2017:

·    The proposed development is defined as a “school” pursuant to Clause 5 Interpretation.

·    The proposal is not ‘specified development’ pursuant to Clause 13 Consultation with public authorities other than councils. Consultation with Roads and Maritime Services (RMS) (ie. the ‘specified authority’) is not required as the proposal does not involve additional students; additional car parking spaces; alteration to existing accesses; new accesses; or excavation adjacent to the classified road [Bathurst Road] (Clause 13(3)).

·    Development for the purpose of a school is permitted with consent on the subject land, pursuant to Clause 35 Schools- development permitted with consent.

·    The proposal satisfies the design principles established in Schedule 4 (Clause 35(6)(a):

Principle 1 – context, built form and landscape

-    The proposed building will reasonably relate to and be contained within the school buildings group.

-    The proposed building design and detailing will reasonably complement more recent buildings on the school campus, and contribute to a harmonious and cohesive setting.

-    The site is not located within a scenic protection area. The proposed tree removal relates to non-contributory and immature specimens and will have negligible impact on the landscape setting of the campus.

Principle 2 – sustainable, efficient and durable

-    The proposed building incorporate energy efficiency influences in the design.

Principle 3 – accessible and inclusive

-    The proposed building will connect with the existing school buildings group via pedestrian pathways.

-    The proposed building will be accessible to and contain facilities for people with differing needs and capabilities.

-    The proposal does not involve community use of the building; notwithstanding, other existing facilities on the KWS campus are shared with the community for certain activities outside of school hours.


 

Principle 4 – health and safety

-    Crime prevention measures are included in the building design and siting.

-    The proposal will not alter existing site operational arrangements in relation to access and security.

Principle 5 – amenity

-    The proposed building will provide ‘pleasant and engaging spaces’ for students and staff.

-    The new classrooms have been designed for provide ideal learning environments with generous natural light and outlook; appropriate room size; visual and acoustic privacy; and updated and integrated technologies for media, data and communications.

-    The development will not impact on residential amenity for nearby dwellings (in relation to visual and acoustic privacy, solar access and visual impacts). The proposed building will be contained within the subject land, and is well-removed (some 90m) from the nearest adjoining dwellings on Allenby Road.

Principle 6 – whole of life, flexible and adaptive

-    The proposal involves purpose-built classroom and staff facilities that may be easily adapted for associated uses.

-    The development will enable existing facilities within the school site to be refurbished and used for other educational purposes.

Principle 7 – aesthetics

-    The proposal will be located internal to the site and will not contribute to the streetscape built form in Allenby Road.

-    The building will relate to existing improvements on the school site in terms of footprint, massing and design.

·    The development does not involve community use of the proposed new building (Clause 35(6)(b).

·    The proposal is not exempt development pursuant to Clause 38 Existing schools- exempt development. Development consent is required and sought for the proposed development.

·    The proposed development is not complying development pursuant to Clause 39 Existing schools- complying development. Development consent is required and sought for the proposed development.

·    The proposal is not ‘traffic-generating’ development in accordance with Clause 57 Traffic-generating development. The proposal does not involve additional students. Consultation with RMS is not required.


 

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.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

Development Control Plan 2004

DCP 2004-00 Transitional Provisions – Tree Preservation

The proposed development will necessitate removal of four (4) prescribed trees from the site. Council’s Manager City Presentation raised no objection to tree removal as proposed; and does not require replacement planting due to the suitability of the landscape setting. Further assessment of this issue has been provided elsewhere in the report.

DCP 2004-7 Development in Residential Zones

The Part 7 Planning Outcomes are not relevant to the proposed development.

DCP 2004-13 Heritage

As outlined previously, the proposal will not adversely impact on the significance of the Local heritage item on the subject land.

DCP 2004-15 Car Parking

Pursuant to DCP 2004, the minimum onsite parking requirement for schools is 1 space for every 2 employees and 1 space per 10 students over 17 years of age. Council has been advised that the proposal does not involve any alteration to staff and students numbers. On this basis additional parking will not be required for the proposed development.

INFILL GUIDELINES

The proposed development is consistent with the relevant criteria contained in Council’s Infill Guidelines:

·    The proposed building will have nil impact on the character of the streetscape, being located some 70m from the Allenby Road site frontage.

·    The development will be visually and spatially removed from the heritage item on the subject land, and will have nil impacts on its significance.

·    The proposed building design and siting will reasonably complement nearby buildings on the school campus, and contribute to a harmonious and cohesive setting.


 

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

The proposed development is not inconsistent with any provision prescribed by the Regulations.

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

Heritage Significance

As outlined in this report, the proposal will not have adverse impact on the significance of the Local heritage item on the subject land.

Visual Impacts

The proposed building will have acceptable visual impacts within the subject land and neighbourhood due to the following:

·    The building will be contained within the site and setback some 70m from the Allenby Road frontage. The development will neither complement nor detract from any defined streetscape building form in Allenby Road. The building will generate minimal visual impact on the streetscape.

·    The siting of the proposed building will be reasonably contained within the building group associated with the preparatory school.

·    The proposed building design will integrate with other more recent buildings in the vicinity of the development site, and achieve a harmonious and cohesive school setting.

·    The proposed building form, scale and finish will reflect newer buildings on the site. The pitched roof, gable ends and colour schemes (dark roof and earth-red tone walls) reflect a common architectural theme.

·    The proposed building design will not be imposing or bulky. The long elevations will be broken by extensive glazing and mixed wall finishes; verandah will add interest.

·    The loss of non-contributory landscaping will have negligible impact on the landscape setting. Existing landscaping at the Allenby Road frontage will filter views of the new building from this frontage.

Traffic Matters

The proposal will not alter existing traffic arrangements for the subject land:

·    The siting of the proposed building will not conflict with existing onsite vehicle areas.

·    The proposal will not necessitate alteration to existing site accesses nor additional accesses.

·    The proposed building will be generally contained within the existing school building group, and accessible via existing site accesses. Traffic arrangements in Allenby Road (being the nearest frontage) are unlikely to be altered.


 

Residential Amenity

The proposed development will not impact on residential amenity for dwellings adjoining the KWS site, over and above the existing situation. The proposed building will be contained within the subject land, and well-removed (some 90m) from the nearest adjoining dwellings on Allenby Road. The proposed building will not unreasonably impact on visual or acoustic privacy or solar access for nearby dwellings.

Waste Management

Operational waste associated with the proposed building will be addressed via existing waste management arrangements that service the school. Conditions are recommended requiring preparation and implementation of a waste management plan for construction waste.

Construction Impacts

Construction impacts will be addressed as follows:

·    The bulk of construction works will be undertaken during the school holiday period.

·    The building will be comprised of prefabricated modules, which will reduce the construction period.

·    The development site is removed from active zones within the school campus.

·    Construction fencing will be established around the site to prevent unauthorised access.

·    Separate access routes for construction staff and vehicles and students will be delineated with fencing/barricades.

·    A designated parking area will be provided for construction vehicles.

·    Onsite construction waste management will be undertaken (consistent with conditional waste management plan).

·    Construction activities will be confined to standard work hours (as required by condition).

·    On-street traffic control measures will be implemented when required.

Crime Prevention

The proposed building is considered suitable in relation to surveillance, access control, territorial enforcement and space management. Crime prevention measures include extensive glazing of building elevations to provide expansive sightlines over the site; external lighting; appropriate landscape design (existing); fencing and controlled entry gates to the school site perimeter (existing); security lighting and alarm systems (existing); building maintenance and site beautification (ongoing).


 

Environmental Impacts

The subject land is contained within an urbanised area and has longstanding educational use. The development site for the proposed building and relocated cricket nets is located on the edge of existing playing fields, and excepting immature specimen trees, comprises vacant cleared land. Significant vegetation, threatened species or ecological endangered communities or their habitats are unlikely to be present on the land. The site is not in proximity to any waterway, drinking water catchment or sensitive area. Sediment control measures, as required by conditions, will prevent loose dirt and sediment escaping the site and polluting downstream waterways. The development will have an immaterial effect on the natural environment.

Social and Economic Impacts

The proposal is ancillary to the longstanding educational use of the site, and will enhance educational facilities and resources for the school and the City, generally. The proposal will complement and enhance the role of Orange as a major regional business and service centre.

Headworks Charges

The proposal does not involve any increase in existing enrolments at the school (the student population is presently capped at 1,200 students), and consequently water and sewer headworks charges are not applicable to the proposal pursuant to the Water Management Act 2000. Headworks contributions will apply to any increase in student numbers. An Advisory Note is attached to this effect.

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

The subject land is suitable for the development due to the following:

·    Schools are a permitted landuse in the R1 zone.

·    The proposal is ancillary to the longstanding educational use of the site.

·    The development site for the proposed building is removed from onsite vehicles areas and adjoining dwellings.

·    The development site will reasonably integrate with the existing school buildings group.

·    The proposed building is visually and spatially removed from the heritage item on the subject land.

·    Existing site access arrangements are suitable and will not be impacted.

·    The topography of the development site will not constrain the proposal, with minor earthworks and drainage works required.

·    All utility services are available and adequate.

·    The site is not subject to natural hazards.

·    The subject land has no particular biodiversity or habitat value

·    The site is not in proximity to any waterway, drinking water catchment or sensitive area.


 

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

The proposed development is defined as "advertised development" pursuant to DCP 2004‑5.3. Details of the public notice and exhibition period are as follows:

Advertisement in Orange City Life:                   Thursday, 24 August 2017

Public notice (letters to adjoining owners):       Monday, 21 August 2017

Exhibition period:                                               Friday, 25 August – Friday, 8 September 2017 (15 days)

Submissions received:                                        Two

The public submissions received relate to the impacts of construction on nearby dwellings. It is alleged that structural damage was caused to adjoining dwellings during construction of the KWS boarding house on Allenby Road (DA 54/2013(1) approved 4 June 2013).

Attached to the Notice are conditions addressing matters pertaining to construction times and the like. Provided construction works are consistent with the applicable standards and guidelines (as conditioned), adverse construction impacts on adjoining properties are considered unlikely.

It is Council’s practice to require submission of a dilapidation report for buildings in close proximity to or adjoining a proposed development, where there is potential for that development to affect the structural integrity of nearby buildings. In the context of the current proposal, the proposed building is located some 90m from the nearest adjoining dwellings on Allenby Road. Council’s Manager Building and Environment advises that this separation is reasonable to contain construction impacts within the site, and a dilapidation report for nearby dwellings is not required.

An Advisory Note will be attached to the development consent to the effect that the developer may wish to undertake dilapidation reports for nearby dwellings to inform potential civil matters that may arise in the future.

PUBLIC INTEREST s79C(1)(e)

The proposal is not inconsistent with any relevant policy statements, planning studies, guidelines etc that have not been considered in this assessment. The proposal will enhance educational facilities and resources for the school and City, generally, and is considered to be in the public interest.

SUMMARY

The proposal involving both the relocation of the cricket nets and the construction of the new two storey classroom building does not contravene the applicable planning provisions applying to the subject land and particular landuse. A Section 79C assessment of the proposal indicates that the development is acceptable. Impacts of the development are considered to be within reasonable limit, consistent with applicable State and Local standards, and addressed by appropriate conditions of development consent. Approval of the application is recommended. A draft Notice of Approval is attached.


 

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, D17/55703

2          Plans, D17/54474

3          Submissions, D17/54610

 


Council Meeting                                                                                                   3 October 2017

5.4                       Development Application - DA 299/2017(1) - 59-67 Bathurst Road

Attachment 1      Notice of Approval

 

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

 

Development Application No DA 299/2017(1)

 

NA17/                                                                                             Container PR26308

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

 

Development Application

 

  Applicant Name:

Kinross Wolaroi School

  Applicant Address:

C/- Peter Basha Planning & Development

PO Box 1827

ORANGE  NSW  2800

  Owner’s Name:

The Uniting Church in Australia Property Trust (NSW)

  Land to Be Developed:

Lot 30 DP 1190518 - 59-67 Bathurst Road, Orange

  Proposed Development:

School (new building for classrooms and support facilities; siteworks)

 

 

Building Code of Australia

 building classification:

 

To be determined by the PCA

 

 

Determination

 

  Made On:

3 October 2017

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

4 October 2017

Consent to Lapse On:

4 October 2022

 

Terms of Approval

 

The reasons for the imposition of conditions are:

(1)      To ensure a quality urban design for the development which complements the surrounding environment.

(2)      To ensure compliance with relevant statutory requirements.

(3)      To ensure the utility services are available to the site and adequate for the development.

(4)      To prevent the proposed development having a detrimental effect on adjoining land uses.

(5)      To minimise the impact of development on the environment.

 

 

 

Conditions

 

(1)      The development must be carried out in accordance with:

 

(a)      Drawing by Peter Basha Planning & Development Ref. 17049DA, Figure 3 (9.8.2017)(1 sheet). Drawings by KLMS Australia, Job No. 2363, Dwg Nos. 2363-A1(M), 2363-A2(G), 2363-A3 (3 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.


PRESCRIBED CONDITIONS

 

(2)      All building work must be carried out in accordance with the provisions of the Building Code of Australia.

 

(3)      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.

 

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(4)      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. No plumbing and drainage is to commence until approval is granted.

 

(5)      The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

 

(6)      Engineering plans detailing works to contain and direct surface stormwater flows are to be submitted to Orange City Council for approval prior to the issuing of a Construction Certificate. The engineering plans shall address the following:

·    Stormwater entering the school site from the Cox Avenue exit driveway in a 1% AEP event is to be diverted to the existing detention basin.

·    Stormwater adjacent to the proposed building is to be directed towards the existing overland flowpath from the detention basin.

·    The concrete footpath crossing the overland flowpath is to be adjusted to allow the flowpath levels to be reduced such that the proposed floor level achieves satisfactory freeboard from the overland flowpath. Satisfactory freeboard to be a minimum of 500mm or as proved through engineering judgement.

 

(7)      The finished ground floor level of the proposed building shall be at or above RL 877.70 on Australian Height Datum.

 

 

PRIOR TO WORKS COMMENCING

 

(8)      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.

 

(9)      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.

 

(10)    Soil erosion control measures shall be implemented on the site.


 

DURING CONSTRUCTION/SITEWORKS

 

(11)    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.

 

(12)    All materials on site 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.

 

(13)    Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer.

 

(14)    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.

 

(15)    All construction works are to be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans.

 

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

(16)    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.

 

(17)    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.

 

(18)    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.

 

(19)    A Certificate of Compliance and works-as-executed plan from a registered surveyor, stating that the stormwater surface drainage complies with the approved engineering plans is to be submitted to the Principal Certifying Authority prior to the issuing of an Occupation Certificate.

 

(20)    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, works on public roads, 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, and that Council will take ownership of the infrastructure assets.

 

(21)    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

 

(22)    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)      The developer may choose to undertake dilapidation reports for nearby dwellings on adjoining lands, to inform potential civil matters that may arise associated with construction of the proposed building.

 

(2)      The school student population is limited to 1,200 students before additional water and sewer headworks charges apply. Any increase in student numbers over 1,200 will require payment of contributions for water, sewer and drainage works to be made at the contribution rate applicable at the time. The contributions are based on 0.030 ETs for water supply headworks and 0.050 ETs for sewerage headworks per student. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

 

 

 

 

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:

 

PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS

 

Date:

 

4 October 2017

 



Council Meeting                                                                                                                    3 October 2017

5.4                       Development Application - DA 299/2017(1) - 59-67 Bathurst Road

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.4                       Development Application - DA 299/2017(1) - 59-67 Bathurst Road

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.4                       Development Application - DA 299/2017(1) - 59-67 Bathurst Road

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.4                       Development Application - DA 299/2017(1) - 59-67 Bathurst Road

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.4                       Development Application - DA 299/2017(1) - 59-67 Bathurst Road

Attachment 2      Plans

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Council Meeting                                                                                                                    3 October 2017

5.4                       Development Application - DA 299/2017(1) - 59-67 Bathurst Road

Attachment 2      Plans

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Council Meeting                                                                                              3 October 2017

5.4                       Development Application - DA 299/2017(1) - 59-67 Bathurst Road

Attachment 3      Submissions

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Council Meeting                                                                                          3 October 2017

 

 

5.5     Additions to Register of Fees and Charges

TRIM REFERENCE:        2017/1959

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

At the Council Meeting held on 1 August 2017, Council considered additional fees and charges relating to private works and to hire fees of the Clover Hill Function Centre at the Orange Botanic Gardens. Council resolved to place these additions on public exhibition which ended on 6 September 2017. No submissions were received during this exhibition period.

The amendments are therefore recommended to Council for adoption.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.3 Our City - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the following additions to the fees and charges be adopted:

a        Clover Hill Function Centre

User

Fee ex GST

Fee Inc GST

Orange City Council

no charge for all categories

Monday to Friday (Function Room only) 

Community Groups – not for profit

 

 

          Per hour

$10

$12

          5+ hours per day

$50

$55

          Cleaning fee

$100

$110

For Profit Organisation

 

 

          Per hour

$20

$22

          5+ hours per day

$100

$110

          Cleaning fee

$100

$110

Private Hire – Non-commercial

 

 

          Per hour

$10

$12

          5+ hours per day

$50

$55

          Cleaning fee

$100

$110

Private Hire – Commercial

 

 

          Per hour

$20

$22

          5+ hours per day

$100

$110

          Cleaning fee

$100

$110

Monday to Friday (Use of Kitchen and Function Room)

Community Groups – not for profit

 

 

          Per hour

$10

$12

          5+ hours per day

$50

$55

          Cleaning fee

$100

$110

For Profit Organisation

 

 

          Per hour

$20

$22

          5+ hours per day

$100

$110

          Cleaning fee

$100

$110

Private Hire – Non-commercial

 

 

          Per hour

$10

$12

          5+ hours per day

$50

$55

          Cleaning fee

$100

$110

Private Hire – Commercial

 

 

          Per hour

$20

$22

          5+ hours per day

$100

$110

          Cleaning fee

$100

$110

Weekend Hire (Function Room Only)   

Community Groups – not for profit

 

 

          Hire

$250

$275

          Security bond

$250

$275

          Cleaning fee

$100

$110

For Profit Organisation

 

 

          Hire

$500

$550

          Security bond

$500

$550

          Cleaning fee

$100

$110

Private Hire – Non-commercial

 

 

          Hire

$250

$275

          Security bond

$250

$275

          Cleaning fee

$100

$110

Private Hire – Commercial

 

 

          Hire

$500

$550

          Security bond

$500

$550

          Cleaning fee

$100

$110

Weekend Hire (Kitchen and Function Room)  

Community Groups – not for profit

 

 

          Hire

$500

$550

          Cleaning fee

$200

$220

          Security bond

$250

$275

For Profit Organisation

 

 

          Hire

$750

$825

          Cleaning fee

$200

$220

          Security bond

$500

$550

Private Hire – Non Commercial

 

 

          Hire

$500

$550

          Cleaning fee

$200

$220

          Security bond

$250

$275

Private Hire – Commercial

 

 

          Hire

$750

$825

          Cleaning fee

$200

$220

          Security bond

$500

$550

 

B       Private Works Management

Name

2017/18

Government Grant Roads and Maritime Services (RMS) works on-cost on labour

36.90%

On-cost on labour wages

40%

On-cost on plant hire charges

30%

On-cost on material charges

10%

Administration on-cost of total account including above on-cost

20%

 

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 Council was advised on 1 August, the bookings and management of the Clover Hill Function Centre at the Orange Botanic Gardens has reverted to Council staff. A framework of fees and charges is therefore required to be adopted.

The fees in relation to private works management are required to be resolved to clarify a formatting error in the Fees and Charges.

Following exhibition of these proposed fees, and no public submissions, the fees are recommended for adoption. Council must set all fees by resolution.

 

  


Council Meeting                                                                                          3 October 2017

 

 

5.6     National Local Roads and Transport Congress 2017

TRIM REFERENCE:        2017/1927

AUTHOR:                       Catherine Thomas, Executive Support Manager    

 

 

EXECUTIVE Summary

The National Local Roads and Transport Congress will be held in Albany, Western Australia from 6-8 November 2017. This Congress is hosted by the Australian Local Government Association (ALGA). Traditionally the Chairperson of the Infrastructure Policy Committee and relevant staff have attended the conference.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “14.1 Our Environment – Design and construct new infrastructure assets as specified with the Asset Management Plan to agreed levels of service”.

Financial Implications

The costs of the conference and associated accommodation are provided for in the current Delivery/Operational Plan. Registration fees are $990 per delegate with flights,  accommodation and transfer fees or car hire additional.

Policy and Governance Implications

In accordance with Council’s Strategic Policy ST020 Councillors – Payment of Expenses and Provision of Facilities, Council will meet the cost of registration, accommodation and travel expenses for those Councillors attending the Congress. If a partner/spouse attends all expenses are to be covered by the Councillor.

 

Recommendation

That Council  resolve an attendee for the National Local Roads and Transport Congress to be held in Albany, WA on 6-8 November 2017.

 

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 Congress is an opportunity for councils to come together as a united force to develop and refine a coherent national case for improved investment in Local Government roads as well as in other transport infrastructure for which Local Government is responsible that impacts on our community. The Congress is the only national Local Government event devoted entirely to roads and transport.

The Congress program features key Ministers and federal politicians as well as a range of experts relating to the theme and of interest to Local Government. Each year the Congress moves location, rotating through the states around Australia to a different regional city.

This year’s Congress, themed “Shaping Transport’s Future”, will focus on discussion between all levels of government on how roads and transport systems are managed and funded. Please see attached the information brochure and Congress program together with a precis of the keynote speakers.

The Congress will present an opportunity for delegates from local government to put forward ideas and projects to demonstrate the strong need for Commonwealth funding in this arena. It will also assist ALGA in making the strongest case for Local Government roads and transport funding ahead of the 2018/19 Federal Budget.

 

Attachments

1          National Local Roads & Transport Congress 2017 - Information Brochure and Program, D17/50458

 


Council Meeting                                                                                              3 October 2017

5.6                       National Local Roads and Transport Congress 2017

Attachment 1      National Local Roads & Transport Congress 2017 - Information Brochure and Program

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Council Meeting                                                                                          3 October 2017

 

 

5.7     Stronger Country Communities Fund

TRIM REFERENCE:        2017/2057

AUTHOR:                       Nick Redmond, Manager Corporate and Community Relations    

 

 

EXECUTIVE Summary

Orange City Council has been allocated $1.9 million under the Stronger Country Communities Fund (SCC). The SCC has been established by the NSW Government to help deliver local infrastructure projects to regional communities.

“The purpose of the fund is to provide the kind of infrastructure that improves the lives of local residents — from park-lands to health centres and community halls. This fund will also help regional communities across NSW continue to attract new residents and visitors.”

The government will fund $950,000 worth of projects in the first year of the program, and $950,000 in the second year.

The projects submitted total $3.6 million.

The SCC is one of a number of NSW Government funding opportunities available. Others include Resources for Regions, Regional Cultural Fund, Connecting County Communities and Growing Local Economies.

This report seeks to finalise a short list of projects to submit to the NSW Government by the funding deadline on 18 October.

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

The Council financial contributions listed in the body of this report are for amounts already included in the Delivery/Operational Plan. Operational and maintenance costs in some cases will be a carried by the applicant to the fund such as the hockey field resurfacing and the domestic violence crisis centre. However, there will be ongoing operational and maintenance costs to Council for other projects such as Sir Jack Brabham new amenities and the proposed new toilets.

It should also be noted that projects to date have only been tested through quotes and quantity surveyor estimates as per the NSW Government requirements. The projects will need to go through a further procurement process which could include tenders. In these cases the estimates may vary.

Policy and Governance Implications

Nil

 

Recommendation

That Council determine the projects to be submitted to the Stronger Country Communities fund.

 

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

Council undertook a two part consultation process in identifying projects for possible funding under the Stronger Country Communities Fund.

The first stage sought nominations from the community for funding. Council ran this process through the Orange Your Say online consultation portal.

The eligibility requirement was to provide at least two quotes in their application or one quote and one estimate from a quantity surveyor or equivalent.

The projects also had:

“To ensure projects make a significant contribution to improving local communities, the NSW Government is seeking projects of at least $100,000 and typically in the range of $250,000 to $1 million per project. Larger projects will be considered where there is significant financial co-contribution. Applications will be called for on an annual basis over the next two years. Councils will be assigned a time frame during which they can apply. Projects submitted should be able to commence within a 12-month time period and ideally be complete within two years of funding approval.”

The NSW Government’s eligibility requirements and the tight timeframe meant a number of projects put forward did not get through the first stage.

The community projects that did meet the threshold requirements were then added to projects identified by Council.

These nine projects were then exhibited using the Your Say site

The projects were:

 

·   Under awning lighting in Central Business District (CBD)

Project Description

The CBD of Orange is currently lit by an ageing system of under-awning lighting. The proposal is to install a new system of pole-mounted street lights to illuminate street and footpaths in Orange’s main shopping precinct.

Total cost: $900,000                        SCC funds required: $700,000

Proponent: Orange City Council (Council funds $200,000)


 

·   Footpaths including Active Travel Plan

Project Description

 The proposal is an expansion of the footpaths program. 

The expanded program gives consideration to asset management plans and the Active Travel Plan, which aims to make walking and bike riding a more attractive option for getting around the city.

The new footpaths would be in addition to those already identified in the 2017/18 budget.

The proposed additions include: Winter Street (Thomas Brosnan to Icely), March Street (Spring to Dalton and Nile to Spring) Anson Street (Matthews to Heatherbrae and Coombes to the Northern Distributor Roads) and McNamara Street (Kite to Moulder).

Total cost: $640,000                         SCC funds required: $320,000                           

Proponent: Orange City Council (Council funds $320,000)

 

·   Domestic Violence Crisis centre for women and children

Project Description

The proposal is to construct a purpose-built crisis centre for women and children experiencing domestic violence. The centre would include short-term high security beds, self-contained units for more independence and eventually transitional housing.

Total cost: $1.77 million                   SCC funds required: $670,000

Proponent: Housing Plus

 

·   Sir Jack Brabham new amenities facilities (Stage 1)

Project Description

The Sir Jack Brabham Park sportsgrounds hosts a broad cross section of sports, including softball, football (soccer), cricket and school sport. The existing amenity buildings are located on the eastern and western side of the 21 hectare sportsground.

The proposal is to construct a new amenities building near the Forest Road softball diamonds to the south of the park. Facilities will include accessible toilets, change rooms, showers and storage.

The proposal also includes a children’s playground

Total cost: $610,000                        SCC funds required: $550,000        

Proponent: Orange City Council (Council funds $60,000)

 


 

·   Wade Park lighting

Project Description

In recent years Wade Park has undergone a number upgrades including a new playing surface and LED scoreboard. The next priority is lighting. The field lighting is in need of an upgrade to meet the requirements of local and regional sporting competitions conducted at the venue, including cricket, rugby league, rugby union, football and AFL. The lighting upgrade would significantly improve the current lighting standard to ensure player safety as well as providing improved experience for spectators.

Total cost: $240,000                        SCC funds required: $100,000        

Proponent: Orange City Council (Council funds $140,000)

 

·   Upgrades for Rotary Park and Somerset Parks

Project Description

The project aims to enhance the community facilities at two of Orange's parks. This includes the installation of a picnic shelter with table and seating, a BBQ and toilets at both Rotary Park (on Mt Lindsay off Dalton Street) and Somerset Park (on the wetland area between Molong Road and Burrendong Way). It also includes the construction of a shade sail over the playground equipment at Somerset Park.

Total cost: $400,000                               SCC funds required: $400,000  

Proponent: Rotary Club of Orange

 

·   Robertson Park toilet

Project Description

Robertson Park is a high-profile park in the centre of Orange, which hosts a number of community events and festivals each year including Anzac & Remembrance Day, FOOD Week and Wine Festival night-markets as well as serving day-to-day as a passive recreation space for shoppers and tourists. The proposal is to construct public toilet facilities in Robertson Park alongside the existing CWA rooms.

Total cost: $270,000                        SCC funds required: $220,000 

Proponent: Orange City Council (Council funds $50,000)

 

·   Re-Surface a hockey playing field

Project Description

The project is to upgrade the playing surface of a hockey field (known as the ‘Smith Field) at the Orange Hockey Centre. Currently the field is a sand-based artificial turf field that is nearing the end of its useful life. The club intends to replace the playing surface with a new water based synthetic turf, installing the necessary infrastructure to be able to water the field.

Total cost: $749,000                               SCC funds requested: $374,500        

Proponent: Orange Hockey Club Inc

·   Child-safe play area and car parking

Project Description

The proposal is to replace on-site parking at the Orange Presbyterian Church on-site car parking areas with a landscaped area. The church proposes to remove the hardstand areas and remediate the soil and adjust the ground levels to provide soft landscaped lawn and trees as a safe area for play. The church also proposes to provide a layout of 50 car spaces (including four disabled spaces) to the south of the site.

Total cost: $290,000                                 SCC funds required: $290,000         

Proponent: Orange Presbyterian Church

 

These projects were on exhibition for 10 days to 26 September.

669 people have visited the Stronger Country Communities project on Orange City Council’s Your Say Orange website.

Of those, 314 people have contributed to the survey. The survey asks people to select the three projects they believe should be prioritised for funding.

The top projects were:

·    The re-surfacing of a hockey field with 182 votes

·    A domestic violence crisis centre for women and children with 160 votes

·    A toilet for Robertson Park with 90 votes.

All participants have registered as living within the Orange region, as far as Forest reefs, Spring Hill and Lewis Ponds, to name a few.

The entirety of the consultation results can be found on the following page.

 

 

 

 

 

 

 

 

 

 

A project summary is as follows:

 

Applicant

Project

Project costs

Funds requested

Quotes

supplied

Located on open public space

Cost to Council

Orange City Council

CBD lighting upgrade

$900,000

$700,000

Yes

Yes

$200,000 plus ongoing operation and maintenance

Orange City Council

Expanded footpaths program

$640,000

$320,000

Yes

Yes

$320,000 plus ongoing operation and maintenance

Housing Plus

DV Crisis centre for women and children

$1.77M

$670,000

Yes

No

Assistance  to date

Orange City Council

New amenities block Sir Jack Brabham

$610,000

$550,000

Yes

Yes

$50,000 plus ongoing operation and maintenance

Orange City Council

 

Wade Park lighting  upgrade

$240,000

$100,000

Yes

Yes

$140,000 plus ongoing operation and maintenance

Rotary Club of Orange

Enhancing Rotary Park and Somerset Park

$400,000

$400,000

Yes

Yes

Connection to sewer plus ongoing operation and maintenance

 

Orange City Council

 

Toilet block Robertson Park

$270,000

$220,000

Yes

Yes

$50,000 plus ongoing operation and maintenance

Orange Hockey

Re-surface Hockey Field

$749,000

$374,500

Yes

No

Nil

Orange Presbyterian Church

Child safe landscaping and car parking

$290,000

$290,000

Yes

No

Nil

 

The deadline for submissions to the NSW Government is 18 October. The NSW Government will then have a commercial survey firm conduct online random surveys within the LGA (at least 100 people) to ask them if they like projects and rank them.

The NSW Government will review the survey and make a final determination.

 

     


Council Meeting                                                                                          3 October 2017

 

 

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.