Agenda of Council Meeting - 20 November 2018

Council Meeting 20 November 2018

5.1 Recommendations and Resolutions from Policy Committees

TRIM REFERENCE: 2018/2762

AUTHOR: Samantha Freeman, Manager Corporate Governance

EXECUTIVE SUMMARY

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

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

In the past, resolutions have referred to specific Items in the Minutes of the respective committees and Councillors were required to search the Minutes for those matters that required Council approval. To make it easier for Councillors, the relevant Items requiring Council approval have been extracted and set out in this cover sheet below. Councillors can still review the Minutes of the meeting in the attachments. Further work will be done to draw attention of Councillors to the specific matters that require the approval of Council.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves to adopt the following resolutions of Policy Committees from the meetings of 7 November 2018:

1 PLANNING AND DEVELOPMENT Committee

1 Council resolves to approve the minutes Planning and Development Committee held on 7 November 2018.

2 Council resolves to approve the following recommendations of the Planning and Development Committee meeting held on 7 November 2018:

2.2 Development Application DA 405/2017(2) - 241 Ploughmans Lane

That Council resolves to issue modified development consent DA 405/2017(1) for Place of Public Worship and Business Identification Sign at Lot 9 DP 746439 - 241 Ploughmans Lane, Orange pursuant to the conditions of consent in the attached modified Notice of Approval.

2.3 Development Application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow

That Council resolves to defer development application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow, until after a site inspection has taken place.

2.4 Development Application DA 335/2018(1) - 185-193 Bathurst Road

That Council resolves to issue consent to development application DA 335/2018(1) for Demolition (existing building and ancillary structures) at Lot 102 DP 842161 - 185-193 Bathurst Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

2 EMPLOYMENT AND ECONOMIC DEVELOPMENT Policy Committee

1 Council resolves to approve the minutes Employment and Economic Development Policy Committee held on 7 November 2018.

2 Council resolves to approve the following recommendations of the Employment and Economic Development Policy Committee meeting held on 7 November 2018:

2.1 Minutes of the Economic Development Community Committee Meeting held 19 September 2018

That the minutes of the Economic Development Community Committee meeting held on 19 September 2018 be adopted.

3 Infrastructure Policy Committee

1 Council resolves to approve the minutes Infrastructure Policy Committee held on 7 November 2018.

2 Council resolves to approve the following recommendations of the Infrastructure Policy Committee meeting held on 7 November 2018:

2.1 Minutes of the Floodplain Risk Management Community Committee meeting - 8 October 2018

That the minutes of the Floodplain Risk Management Community Committee meeting of 8 October 2018 be adopted.

2.2 Minutes of the City of Orange Traffic Committee meeting - 9 October 2018 (electronic)

That Council resolves:

1 Item 2.1 – Street Event – New Year’s Eve Part Under The Stars - of the Extraordinary City of Orange Traffic Committee Meeting of 9 October 2018;

“That Conditional Approval for the 2018 New Year’s Eve Party Under The Stars be endorsed subject to compliance with the attached conditions.”

2 That the remainder of the Minutes of the Extraordinary City of Orange Traffic Committee of 9 October 2018 be adopted.

4 Sport and Recreational Policy Committee

1 Council resolves to approve the minutes Sport and Recreational Policy Committee held on 7 November 2018.

2 Council resolves to approve the following recommendations of the Sport and Recreation Policy Committee meeting held on 7 November 2018:

2.1 Minutes of the Orange Showground Community Committee Meeting held on 18 September 2018

That Council resolves:

1 To acknowledge the reports presented to the Orange Showground Community Committee at its meeting held on 18 September 2018.

2 To adopt recommendations 3.4 and 3.5 from the minutes of the Orange Showground Community Committee meeting of 18 September 2018:

3.4 That the Orange Showground Community Committee meetings be held quarterly and on the 3^rd Tuesday of the month.

3.5 (a) That the discussion regarding the Naylor Pavilion Amenities concept Plan be acknowledged.

(b) That the design of the amenities and cafeteria for the Naylor Pavilion be progressed.

3 That the remainder of the minutes of the Orange Showground Community Committee at its meeting held on 18 September 2018 be adopted.

2.2 Minutes of the Australia Day Community Committee Meeting - 3 October 2018

Council resolves to adopt the minutes of the Australia Day Community Committee meeting held on 3 October 2018.

3.1 Olympic Archery Requirements

1 That Council resolve to acknowledge the report on Olympic Archery requirements.

2 That Council consider funding of Option 2 in the next quarterly review.

QUESTION TAKEN ON NOTICE

That Council allocate up to $15,000 for more security at the Hockey Centre.

5 Environmental Sustainability Policy Committee

1 Council resolves to approve the minutes of the Environmental Sustainability Committee held on 7 November 2018.

2 Council resolves to approve the following recommendations of the Environmental Sustainability Committee meeting held on 7 November 2018:

2.1 Minutes of the Environmental Sustainability Community Committee - 19 October 2018

That Council resolves:

1 To acknowledge the reports presented to the Environmental Sustainability Community Committee at its meeting held on 19 October 2018.

2 To adopt the recommendations 2, 3.3, 3.5 (two recommendations) and 4.1 from the minutes of the Environmental Sustainability Community Committee meeting of 19 October 2018 being:

2 That the Minutes of the Meeting of the Environmental Sustainability Community Committee held on 3 August 2018 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Environmental Sustainability Community Committee meeting held on 3 August 2018.

3.3 That Council develop an energy reduction target for its own facilities

3.5 (i) That the Committee acknowledges the current activities of staff, but recommends Council seek additional resources to focus on biodiversity, including data collection and mapping.

(ii) That Council acknowledges the passing and achievements of Ian Kiernan, the founder of the Clean Up Australia organisation, conservationist and environmental campaigner, who passed away on 16 October 2018.

4.1 That the Environmental Sustainability Community Committee review and update the Committee Action Plan before the next meeting.

3 That the remainder of the minutes of the Environmental Sustainability Community Committee at its meeting held on 19 October 2018 be adopted.

6 Finance Policy Committee

1 Council resolves to approve the minutes of the Finance Policy Committee held on 7 November 2018.

2 Council resolves to approve the following recommendations of the Finance Policy Committee meeting held on 7 November 2018:

2.1 Requests for Financial Assistance

The Council resolves:

1 That the request for financial assistance from Orange Waratah Sports Club be declined.

2 That a donation of $1,000.00 ($750.00 from General Donations and $250.00 from Emergent Funding) be made to Desi Aussies of Orange for UTSAV 2018 - Diwali Celebration.

3 That Council place on exhibition for 28 days its intention to donate $1,000.00 from Emergent Funding to Mak Boxing Promotions for Orange-staged Boxing Festival.

4 That a donation of $1,500.00 be made from Emergent Funding to the Central West Regional of the Australian Poll Dorset Association.

MATTER ARISING

That recommendation 5 (Emergent Funding Joel Everett (Ability Dreaming) for Disability Tour Group Outings, be deferred until further information is received on this funding request.

7 SERVICES POLICY COMMITTEE

1 Council resolves to approve the minutes of the Services Policy Committee held on 7 November 2018.

2 Council resolves to approve the following recommendations of the Services Policy Committee meeting held on 7 November 2018:

2.1 Minutes of the NAIDOC Week Community Committee Meeting – 21 September and 5 October 2018

1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting of 21 September and 5 October 2018.

2 That the remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 21 September and 5 October 2018 be adopted.

That Council formally congratulate staff involved with the NAIDOC awards, the Chair of the NAIDOC Committee, Gerald Powyer, and the NAIDOC Community Committee members.

2.2 Minutes of the Orange and Cabonne Road Safety Community Committee Meeting - 26 September 2018

1 That Council acknowledge the reports presented to the Orange & Cabonne Road Safety Community Committee at its meeting held on 26 September 2018.

2 That the remainder of the minutes of the Orange & Cabonne Road Safety Community Committee at its meeting held on 26 September 2018 be adopted.

2.3 Minutes of the Orange Regional Museum Committee – 16 October 2018

That Council resolves:

1 To acknowledge the reports presented to the Orange Regional Museum Committee at its meeting held on 16 October, 2018.

2 To adopt recommendations 3.1 and 4.1 from the minutes of the Orange Regional Museum Committee meeting of 16 October, 2018:

3.1 That a report be brought back to the next Committee Meeting to investigate opportunities of the role of the cottages to describe the history of the buildings and to promote Orange Regional Museum.

4.1 That the Council actively pursue funding to support the sustainability of this program.

3 That the remainder of the minutes of the Orange Regional Museum Committee at its meeting held on 16 October, 2018 be adopted.

8 That the remainder of the minutes of the Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee be noted.

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

Planning and Development Committee

At the Planning and Development Committee meeting held on 7 November 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Infrastructure Policy Committee

At the Infrastructure Policy Committee meeting held on 7 November 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Sport and Recreation Policy Committee

At the Sport and Recreation Policy Committee meeting held on 7 November 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Environmental Sustainability Policy Committee

At the Environmental Sustainability Policy Committee meeting held on 7 November 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Finance Policy Committee

At the Finance Policy Committee meeting held on 7 November 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Services Policy Committee

At the Services Policy Committee meeting held on 7 November 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Attachments

1 PDC 7 November 2018 Minutes, 2018/2766 ⇩

2 EEDPC 7 November 2018 Minutes, 2018/2772 ⇩

3 IPC 7 November 2018 Minutes, 2018/2768 ⇩

4 SRPC 7 November 2018 Minutes, 2018/2771 ⇩

5 ESPC 7 November 2018 Minutes, 2018/2770 ⇩

6 FPC 7 November 2018 Minutes, 2018/2769 ⇩

7 SPC 7 November 2018 Minutes, 2018/2767 ⇩

Council Meeting 20 November 2018

5.2 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions.

Attachment 1 Resolutions from Council Meetings (including Questions Taken on Notice and Notices of Motions) - Summary

REGISTER – QUESTIONS ON NOTICE & MATTERS ARISING

12 November 2018

Date of Meeting	Meeting	QUESTIONS ON NOTICE/MATTERS ARISING	Action Taken/Comment	STATUS
7 Nov 2018	CCL	Cr Turner requested a report on the Canobolas Scout Camp facility and how Council can upgrade the facility – CCTV cameras and inspections.	Investigations underway. Information to be circulated to Councillors.
7 Nov 2018	IPC	Cr Duffy requested that a report be provided on the current state of water hydrants.	Investigations underway. Information to be circulated to Councillors.
7 Nov 2018	IPC	Cr Duffy asked if the General Manager could provide a list of funding support Bathurst and Dubbo have received over the past few years.	Information to be circulated to Councillors.
7 Nov 2018	IPC	Cr Munro asked if Council can implement a program to clean up the Northern Distributor Road.	Investigations underway. Information to be circulated to Councillors.
7 Nov 2018	IPC	Cr Romano requested that an investigation is undertaken in the road verge of the Northern Distributor Road as he advised that currently deep culverts on the roadside could cause vehicles that pull over to tip into the ditches beside them.	Investigations underway. Information to be circulated to Councillors.
7 Nov 2018	SRPC	Cr Munro suggested communications be forwarded to the local schools advising of the proposed archery facility and seek interest for them to utilise archery as part of school sport.	Letter to be sent to schools seeking interest.
7 Nov 2018	SRPC	Cr Munro asked if Council could receive a report on the steps being undertaken to protect lesser known Aboriginal artefacts at Mt Canobolas.	Report to be provided to Council.
7 Nov 2018	SRPC	Cr Mileto requested Council receive information on the feasibility of replacing red oak trees that were stolen from Spring Hill recently.	Three trees were removed. The estimated cost of replacement is $500 and has been scheduled for completion by City Presentation staff.
7 Nov 2018	ESPC	Cr Taylor advised that the Netwaste advertisement depicts pizza boxes being put in the green bin and sought clarification as to whether they were permitted in the green bin.	Information to be circulate to Councillors.
7 Nov 2018	ESPC	Cr Munro raised the matter of a lack of trees and greenery in North Orange and requested information as to whether Council can require the shopping centre replant trees and install tree guards.	Investigations underway. Information to be circulated to Councillors.
7 Nov 2018	SPC	That Council formally congratulate staff involved with the NAIDOC awards, the Chair of the NAIDOC Committee, Gerald Power, and the NAIDOC Community Committee members.	Letter sent to staff and NAIDOC Committee congratulating them.
17 OCT 2018	Extraordinary PDC	Cr Munro asked about the development at Shiralee and if there are any building approvals for housing. It was advised that no 400m2 blocks had been sold. Cr Taylor also asked if 400m2 blocks aren’t selling, can we increase the size. A report to be provided back to Council on this matter.	Report to be provided.
16 OCT 2018	CCL	Cr Duffy requested information be circulated to Councillors regarding accountability if a street tree causes damage to a driveway.	Email circulated to Councillors.
16 OCT 2018	CCL	Council requested that the Spring Hill Community Committee be advised about the decommissioning of the Spring Hill Sewerage Treatment Plant.	This information will be provided to the Spring Hill Community Committee at its meeting of 15 November 2018.
16 OCT 2018	CCL	Cr Duffy requested Council liaise with Cabonne Council and advise the Spring Hill Community Committee in relation to the plans for roads travelling from the Village to Orange and Cadia Mine.	Information will be provided to the Spring Hill Community Committee at its meeting of 15 November 2018.
16 OCT 2018	CCL	Cr Hamling requested that upon the determination of a date for weeding of the swimming areas at Lake Canobolas, they be advised.	Hawkesbury Council attended the Lake 24 October 2018 to scope works. Weeding to occur in November
16 OCT 2018	CCL	Cr Nugent requested an update on the status of information still to be provided in regards to a Question Taken on Notice from the Extraordinary Council Meeting of 27 March 2018 in relation to Astill Drive.	Investigations underway. Information to be circulated to Councillors.
16 OCT 2018	CCL	Cr Duffy requested that the information on using a data analytics system to measure performance of the road network from a Question on Notice from the Council Meeting of 7 December 2017 could be provided to Councillors before they are required to attend the Roads Conference next month.	Report to be presented to Council Meeting in December 2018.
2 OCT 2018	IPC	That Council write to BMX Club to present to the Council in regards to their current and future use of the BMX track.	Correspondence forwarded to representatives of BMX in Orange requesting they attend the meeting of Council on 4 December 2018. Council is awaiting a reply and will follow up.
2 OCT 2018	IPC	Cr Turner requested a report on what can be done to upgrade or reclaim the land currently occupied by the BMX track	Report to be provided to Council Meeting December 2018. Actions will in a large part be influence by advice from the BMX club.
2 OCT 2018	IPC	Cr Previtera requested information be provided on when more permanent barriers will be replacing the temporary ones near Ploughmans Lane	Investigations underway. Information to be circulated to Councillors.
4 Sept 2018	IPC	Councillor Taylor requested a report to update Council on what was happening with the Earth Sanctuary.	Report to December ESPC.
4 Sept 2018	IPC	Councillors Turner and Kidd requested a further letter be sent to Minister Upton regarding reopening the Mount Canobolas walking trails and if no response, arrange a meeting to follow them up.	Email circulated to Councillors 19 September 2018. Letter sent to Minister Upton. Following up on response from Minister. Media coverage has recently occurred on this matter. (see comment below) The National Parks and Wildlife Service were quoted as saying that they were committed to opening the park as soon as possible. “For safety reasons the park has been closed over winter to allow for the winter snow and strong winds to dislodge any damaged trees to make safe the area for the construction phase of the repairs.” The spokeswoman said work had already begun to repair the Nature Track, the Summit track and Towac Way, starting with clearing and removing dangerous trees, with more substantial construction work to follow. “The plan is to repair the trails, signs and infrastructure that support the Great Volcanic Mountain Challenge as a priority. “Following those repairs, NPWS will work on the high visitation walking tracks including Federal Falls and the Walls walking tracks.” She said subject to favourable weather conditions, NPWS aimed to have facilities opened by late summer, in time for the Challenge.
4 Sept 2018	SRPC	Cr Hamling asked whether we could follow up letter regarding compulsory swimming safety lessons for kindergarten students.	Follow up letters sent to Minister regarding swim safety on 7 September 2018. Ministerial correspondence provided to Mr Donato Friday 7 September 2018.
4 Sept 2018	FPC	Cr Hamling requested that schools be strongly encouraged to attend information sessions of Ice – Not Once Not Ever if held again for High Schools of Orange regarding the drug Ice.	Letters to be sent to all high schools of Orange encouraging participation at future information sessions.
21 Aug 2018	CCL	Cr Duffy requested Council be provided with details of the companies involved in the DPI development and also copies of any contracts entered into by Council regarding the DPI development and site.	The company that has been named by the NSW Government to construct the new DPI building is Verde Property (Aust) Pty Ltd. In relation to the Orange City Council agreement with Verde, at the closed Council meeting on 7 March 2017 the following was resolved: That Council enter into an option agreement for part of the Old Orange Hospital Site with Council accepting the offered price as identified in the report if the option is exercised and that an option agreement fee of $50,000 (ex GST) being applied, refundable only upon purchase. The closed report was circulated to Councillors on 29 September.
21 Aug 2018	CCL	Cr Taylor requested additional detail regarding the Councillor Legal Briefing to include a breakdown of the Council’s costs associated with the briefing including staff costs and any expenses incurred by the service providers (such as travel and accommodation) paid by the Council.	Information to be provided.
7 August 2018	ESPC	Cr Munro requested a report regarding monitoring and trapping of cats and any plans in place to manage this be provided to Council.	Information to be circulated to Councillors.
7 August 2018	EEDPC	Cr Hamling requested information be provided regarding the QANTAS enquiry into the future infrastructure capacity of Orange airport and any reasons why they would require this information	Information provided.
7 August 2018	CCL	Cr Whitton requested a policy be developed on Cyber Security.	The Office of Corporate Governance is undertaking review of policy development in this financial year, including identifying gaps in Council’s policy framework. Cybersecurity has been identified as a key gap following an external review. A policy will be developed as part of the review program.
7 August 2018	CCL	Cr Kidd requested policy information regarding the use of Social Media.	Information to be provided. A Social Media Policy has been identified as a gap as part of the review of policies and will be developed as part of the schedule.
17 July 2018	CCL	Cr Duffy requested a report on providing Councillors with $2,000 to donate to charities of their choice.	The issue has been referred to the Office of Local Government to obtain advice on its legality and to identify any corruption-prevention and policy approaches that may be suitable.
3 July 2018	IPC	Cr Mileto requested information on the time frame to clean up or lease the property at 864 Huntley Road, Huntley (this property now falls within the Airport precinct).	Securing quotes for demolition of the house including safe disposal of asbestos, with an intention of cleaning it up under this year’s Airport Maintenance vote.
3 July 2018	ESPC	Cr Duffy requested a report be provided regarding solar and LED street lighting including costings and maintenance considerations.	Report to be provided. Gathering information and exploring funding sources.
19 June 2018	CCL	Air Quality Monitoring System · Cr Nugent requested what other particles the monitoring system is capable of detecting. · Cr Nugent requested information on the action that arises from the monitoring and if there is any scope for proactive advice to the community. Cr Taylor asked how the position of the monitoring system allows for accurate data for Orange.	Preliminary information provided in report to Council 7 August 2018.
5 June 2018	IPC	Cr Whitton requested a pedestrian island be investigated for Sale Street, near the old netball courts and National Avenue.	On design register
5 June 2018	CCL	Cr Taylor requested all Councillors be provided with all relevant documentation regarding the ‘ORANGE’ number plates.	Information circulated by email to Councillors.
5 June 2018	IPC	QUESTION TAKEN ON NOTICE Cr Hamling requested further information in relation to signage for bikes out of town.	An updated report went to the City of Orange Traffic Committee meeting held on 11 September 2018. Minutes will be presented to IPC on 2 October 2018. The recommendation resolved at IPC on 2 October 2018 was as follows; 1. That Council erects bicycle warning signs as shown in Figure 3 of this report in the locations shown within Schedule A of this report and rural recreational routes in the Ride Orange Guide. 2. That Council advises Blayney and Cabonne Councils of Council’s decision in this matter and requests installation of similar signage on the cycling routes within their LGA.
15 May 2018	CCL	Cr Taylor requested that an investigation take place regarding the dumping of building waste material on Dane Lane behind Jack Brabham Park.	Investigations underway. Information to be circulated to Councillors.
17 Apr 2018	CCL	Council requested an update report on Kurim Shops and the Windred Street property, to include an outline of Council’s costs incurred to date on these matters.	Investigations underway in consultation with Council’s legal advisors
27 March 2018	Extraordinary CCL	Cr Mileto requested information on whether the current operations of this business will be concluded once the development at Astill Drive is completed.	Investigations underway. Information to be circulated to Councillors.
20 March 2018	CCL	Cr Nugent requested information on the requirement to provide accessible parking spaces for hotel/motel accommodation or restaurants.	Investigations underway. Information to be circulated to Councillors.
6 March 2018	CCL	Cr Duffy requested regular reporting on the contractor key performance indicators throughout the term of the contract.	Report provided quarterly via Current Works Report
20 Feb 2018	CCL	Cr Nugent requested a report providing further information on the process for investing Council funds and the types of products Council funds are invested in.	Report provided as part of the 2019/20 Budget program.
7 Dec 2017	CCL	Cr Duffy requested a report on the feasibility of using a data analytics system to measure performance of the road network to support Council’s applications for grant funding.	System to be reviewed
17 Oct 2017	CCL	Cr Munro requested a report be prepared on whether the Pay It Forward facility in Peisley Street could be used as a domestic violence crisis centre.	Report to be provided to Council - completed
17 Oct 2017	CCL	MATTER ARISING RESOLVED - 17/436 Cr K Duffy/Cr S Munro 1 That Council seek the support of Cabonne Council and Blayney Shire Council to review the 2006 Sub-Regional Rural and Industrial Land Use Strategy. 2 That Council seek funding from the State and Federal Governments for this study.	Strategy now underway with Eltons consulting. Consultation has begun.

REGISTER – RESOLUTIONS & NOTICES OF MOTION

12 November 2018

Date of Meeting	Meeting	Resolution	Action Taken/Comment	STATUS
7 Nov 2018	CCL	NOTICE OF MOTION - STORAGE NEEDS OF SERVICE CLUBS RESOLVED - 18/511 Cr G Taylor/Cr J Whitton 1 That Council investigate the storage needs of the Service Clubs within Orange and Council’s ability to help. 2 That if, as a result of Council’s investigation, Council is in a position to assist, funds be made available in the Budget for the 2019/20 financial year.	Discussions to be held with Service Clubs and funds be made available.
7 Nov 2018	CCL	NOTICE OF MOTION - TEMPORARY PARKING PERMITS FOR ORGANISATIONS DOING FUNDRAISING RESOLVED - 18/512 Cr G Taylor/Cr J Whitton That Council resolves to make available extended parking permits to organisations that apply for a waiver of parking restrictions during nominated special events.	Application for extended parking permits during nominated special events to be placed on Council website.
7 Nov 2018	CCL	QUARTERLY BUDGET REVIEW AND PERFORMANCE INDICATORS RESOLVED - 18/515 Cr J Whitton/Cr R Turner That Council resolves: 1 That the information provided in the report on the quarterly budget and performance indicators review for July to September 2018 be acknowledged. 2 The bank reconciliation statement be acknowledged. 3 To adopt the variations arising from the September 2018 quarterly review amounting to a decrease of $84,789 in the consolidated surplus.	Completed
7 Nov 2018	CCL	APPOINTMENT OF NATIVE TITLE MANAGERS RESOLVED - 18/511 Cr J Whitton/Cr J Hamling That Council resolves: 1 To nominate the Manager City Presentation, Manager Corporate Governance and Legal and Property Officers as its Native Title Managers; 2 To give notice to the Minister for Lands and Forestry of contact details of Council’s Native Title Managers as required under Section 8.8 of the Crown Land Management Act 2016.	Minister for Lands and Forestry notified.
7 Nov 2018	CCL	INVITATION TO PARTICIPATE IN GROUP LEGAL PROCEEDINGS (STRICTLY CONFIDENTIAL AND PRIVILEGED) RESOLVED - 18/512 Cr S Nugent/Cr K Duffy That Council resolves: 1 To delegate to the General Manager the authority to participate in the JLT Class Action, to assess the benefits and costs of ongoing participation, to determine the Council’s further participation, and to take all necessary and convenient steps to represent and protect Council’s interests in the class action. 2 To receive progress reports at key milestones.	Agreement signed indicating agreement to participate.
7 Nov 2018	PDC	2.2 DEVELOPMENT APPLICATION DA 405/2017(2) - 241 PLOUGHMANS LANE RESOLVED - 18/492 Cr J Whitton/Cr K Duffy That Council resolves to issue modified development consent DA 405/2017(1) for Place of Public Worship and Business Identification Sign at Lot 9 DP 746439 - 241 Ploughmans Lane, Orange pursuant to the conditions of consent in the attached modified Notice of Approval.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	PDC	2.3 DEVELOPMENT APPLICATION DA 33/2018(1) - 4613 MITCHELL HIGHWAY, LUCKNOW RESOLVED - 18/493 Cr K Duffy/Cr J Whitton That Council resolves to defer development application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow, until after a site inspection has taken place with the RMS.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	PDC	2.4 DEVELOPMENT APPLICATION DA 335/2018(1) - 185-193 BATHURST ROAD RESOLVED - 18/494 Cr J Hamling/Cr T Mileto That Council resolves to issue consent to development application DA 335/2018(1) for Demolition (existing building and ancillary structures) at Lot 102 DP 842161 - 185-193 Bathurst Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	EEDPC	2.1 MINUTES OF THE ECONOMIC DEVELOPMENT COMMUNITY COMMITTEE MEETING HELD 19 SEPTEMBER 2018 RESOLVED - 18/495 Cr R Kidd/Cr S Munro That the minutes of the Economic Development Community Committee meeting held on 19 September 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	IPC	2.1 MINUTES OF THE FLOODPLAIN RISK MANAGEMENT COMMUNITY COMMITTEE MEETING - 8 OCTOBER 2018 RESOLVED - 18/496 Cr R Kidd/Cr S Nugent That the minutes of the Floodplain Risk Management Community Committee meeting of 8 October 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	IPC	2.2 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE MEETING - 9 OCTOBER 2018 (ELECTRONIC) RESOLVED - 18/497 Cr R Turner/Cr S Munro That Council resolves: 1 Item 2.1 – Street Event – New Year’s Eve Part Under The Stars - of the Extraordinary City of Orange Traffic Committee Meeting of 9 October 2018; “That Conditional Approval for the 2018 New Year’s Eve Party Under The Stars be endorsed subject to compliance with the attached conditions.” 2 That the remainder of the Minutes of the Extraordinary City of Orange Traffic Committee of 9 October 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	SRPC	2.1 MINUTES OF THE ORANGE SHOWGROUND COMMUNITY COMMITTEE MEETING HELD ON 18 SEPTEMBER 2018 RESOLVED - 18/499 Cr R Kidd/Cr S Munro That Council resolves: 1 To acknowledge the reports presented to the Orange Showground Community Committee at its meeting held on 18 September 2018. 2 To adopt recommendations 3.4 and 3.5 from the minutes of the Orange Showground Community Committee meeting of 18 September 2018: 3.4 That the Orange Showground Community Committee meetings be held quarterly and on the 3^rd Tuesday of the month. 3.5 (a) That the discussion regarding the Naylor Pavilion Amenities concept Plan be acknowledged. (b) That the design of the amenities and cafeteria for the Naylor Pavilion be progressed. 3 That the remainder of the minutes of the Orange Showground Community Committee at its meeting held on 18 September 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	SRPC	2.2 MINUTES OF THE AUSTRALIA DAY COMMUNITY COMMITTEE MEETING - 3 OCTOBER 2018 RESOLVED - 18/500 Cr R Kidd/Cr J Whitton Council resolves to adopt the minutes of the Australia Day Community Committee meeting held on 3 October 2018.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	SRPC	3.1 OLYMPIC ARCHERY REQUIREMENTS RESOLVED - 18/501 Cr S Romano/Cr S Munro 1 That Council resolve to acknowledge the report on Olympic Archery requirements. 2 That Council consider funding of Option 2 in the next quarterly review.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	SRPC	RESOLVED - 18/513 Cr R Kidd/Cr S Munro That Council allocate up to $15,000 for more security at the Hockey Centre.	Actions underway.
7 Nov 2018	ESPC	2.1 MINUTES OF THE ENVIRONMENTAL SUSTAINABILITY COMMUNITY COMMITTEE - 19 OCTOBER 2018 RESOLVED - 18/514 Cr S Nugent/Cr R Kidd That Council resolves: 1 To acknowledge the reports presented to the Environmental Sustainability Community Committee at its meeting held on 19 October 2018. 2 To adopt the recommendations 2, 3.3, 3.5 (two recommendations) and 4.1 from the minutes of the Environmental Sustainability Community Committee meeting of 19 October 2018 being: 2 That the Minutes of the Meeting of the Environmental Sustainability Community Committee held on 3 August 2018 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Environmental Sustainability Community Committee meeting held on 3 August 2018. 3.3 That Council develop an energy reduction target for its own facilities 3.5 (i) That the Committee acknowledges the current activities of staff, but recommends Council seek additional resources to focus on biodiversity, including data collection and mapping. (ii) That Council acknowledges the passing and achievements of Ian Kiernan, the founder of the Clean Up Australia organisation, conservationist and environmental campaigner, who passed away on 16 October 2018. 4.1 That the Environmental Sustainability Community Committee review and update the Committee Action Plan before the next meeting. 3 That the remainder of the minutes of the Environmental Sustainability Community Committee at its meeting held on 19 October 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	FPC	2.1 REQUESTS FOR FINANCIAL ASSISTANCE RESOLVED - 18/505 Cr R Kidd/Cr S Nugent The Council resolves: 1 That the request for financial assistance from Orange Waratah Sports Club be declined. 2 That a donation of $1,000.00 ($750.00 from General Donations and $250.00 from Emergent Funding) be made to Desi Aussies of Orange for UTSAV 2018 - Diwali Celebration. 3 That Council place on exhibition for 28 days its intention to donate $1,000.00 from Emergent Funding to Mak Boxing Promotions for Orange-staged Boxing Festival. 4 That a donation of $1,500.00 be made from Emergent Funding to the Central West Regional of the Australian Poll Dorset Association be declined.	Mak Boxing placed on public exhibition until 12 December 2018. Applicants advised of Council’s resolution.
7 Nov 2018	FPC	MATTER ARISING RESOLVED - 18/506 Cr J McRae/Cr R Turner That recommendation 5 (Emergent Funding Joel Everett (Ability Dreaming) for Disability Tour Group Outings, be deferred until further information is received on this funding request.	Report listed for 20 November 2018 Council Meeting.
7 Nov 2018	SPC	2.1 MINUTES OF THE NAIDOC WEEK COMMUNITY COMMITTEE MEETING – 21 SEPTEMBER AND 5 OCTOBER 2018 RESOLVED - 18/507 Cr R Kidd/Cr S Munro 1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting of 21 September and 5 October 2018. 2 That the remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 21 September and 5 October 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	SPC	2.2 MINUTES OF THE ORANGE AND CABONNE ROAD SAFETY COMMUNITY COMMITTEE MEETING - 26 SEPTEMBER 2018 RESOLVED - 18/509 Cr J Hamling/Cr K Duffy 1 That Council acknowledge the reports presented to the Orange & Cabonne Road Safety Community Committee at its meeting held on 26 September 2018. 2 That the remainder of the minutes of the Orange & Cabonne Road Safety Community Committee at its meeting held on 26 September 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	SPC	2.3 MINUTES OF THE ORANGE REGIONAL MUSEUM COMMITTEE - 16 OCTOBER 2018 RESOLVED - 18/515 Cr R Kidd/Cr M Previtera That Council resolves: 1 To acknowledge the reports presented to the Orange Regional Museum Committee at its meeting held on 16 October, 2018. 2 To adopt recommendations 3.1 and 4.1 from the minutes of the Orange Regional Museum Committee meeting of 16 October, 2018: 3.1 That a report be brought back to the next Committee Meeting to investigate opportunities of the role of the cottages to describe the history of the buildings and to promote Orange Regional Museum. 4.1 That the Council actively pursue funding to support the sustainability of this program. 3 That the remainder of the minutes of the Orange Regional Museum Committee at its meeting held on 16 October, 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
17 OCT 2018	Extraordinary CCL	2.2 TENDER - DECOMMISSIONING OF HAWKES DAM TRIM REFERENCE: 2018/2498 RESOLVED - 18/487 Cr J Whitton/Cr S Nugent That the Council resolves: 1 That Tender F3023 for the Decommissioning of Hawkes Dam, be awarded to CPB Excavations for their tendered price of $220,768 (Ex GST) 2 That permission be granted for the use of the Council Seal on any relevant document if required.	Contract signed with Contractor.
17 OCT 2018	Extraordinary CCL	2.1 INDUSTRIAL LAND TRIM REFERENCE: 2018/2438 RESOLVED - 18/486 Cr J Hamling/Cr J Whitton Council resolve to approve: 1 That the General Manager be granted delegated authority to negotiate and/or bid at auction for the purchase land at 298 Clergate Road Lot 1 DP1085646 and for the purchase to be funded from property development fund. 2 That the land be classified operational on acquisition. 3 That the General Manager be delegated the authority necessary or convenient to give effect to this resolution, including but not limited to the affixing the Council Seal.	Contracts exchanged on 9 November 2018.
17 OCT 2018	Extraordinary PDC	2.5 DEVELOPMENT APPLICATION DA 224/2018(1) - 102-110 AUTUMN STREET TRIM REFERENCE: 2018/2494 RESOLVED - 18/484 Cr J Hamling/Cr R Kidd That Council consents to development application DA 224/2018(1) for Demolition (demolition of 16 existing self-contained dwellings, two carports and removal of three trees), and Seniors Housing (construction of eight self-contained dwellings) at Lot 50 DP 1130577 - 102-110 Autumn Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Determination Issued.
17 OCT 2018	Extraordinary PDC	2.4 DEVELOPMENT APPLICATION DA 91/2018(1) - 14 MOULDER STREET TRIM REFERENCE: 2018/2493 RESOLVED - 18/483 Cr K Duffy/Cr S Romano That Council consents to development application DA 91/2018(1) for Subdivision (two lot residential), Demolition (existing shed), Dual Occupancy and Subdivision (three lot Community Title) at Lot 1 DP 38296 - 14 Moulder Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Submitters Advised.
17 OCT 2018	Extraordinary PDC	2.2 DEVELOPMENT APPLICATION DA 302/2016(1) - 245 LORDS PLACE TRIM REFERENCE: 2018/2495 RESOLVED - 18/482 Cr R Kidd/Cr K Duffy That Council consents to development application DA 302/2016(1) for Demolition and Hotel or Motel Accommodation at Lot 1 DP 784423 - 245 Lords Place, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Determination Issued.
17 OCT 2018	Extraordinary PDC	2.1 DEVELOPMENT APPLICATION DA 445/2011(4) - 47 BYNG STREET TRIM REFERENCE: 2018/2443 RESOLVED - 18/481 Cr R Turner/Cr K Duffy That Council consents to development application DA 445/2011(4) for Restaurant and Shop at Lot B DP 152339 - 47 Byng Street, Orange pursuant to the conditions of consent in the attached Notice of Approval with the following additional conditions: 1 That double glazing be used in all external glazing and doors. 2 That the extraction pan on the western wall be moved to further reduce the impact on immediate neighbours to the satisfaction of the MBE. 3 That parking lines, driveway protection and other measure be installed by the developer in the immediate area to the satisfaction of DTS to minimise the impacts upon the immediate precinct. 4 That a compliance report be submitted after 3 months of operation to the satisfaction of the MDA.	Determination Issued.
16 OCT 2018	CCL	5.5 REQUEST FOR FINANCIAL ASSISTANCE - ROTARY CLUB OF ORANGE NORTH - LEAD THE WAY FUNDRAISING CONCERT FOR ACT/NSW GUIDE DOGS TRIM REFERENCE: 2018/2512 RESOLVED - 18/478 Cr J McRae/Cr S Nugent The Council resolves: 1 Council acknowledge that the North Orange Rotary have requested that the Council meet the Club’s expenses for hire of the Orange Civic Theatre under the Donations Policy, amounting to a total of $5027.42. 2 That North Orange Rotary will pay these expenses to the Council on presentation of an invoice. 3 That, subject to payment against the Council invoice: a that the Council approve a donation of $1,575.39 to the North Orange Rotary from the General Donation Fund into a special account to be opened by North Orange Rotary for the training of a Guide Dog for a resident of the Orange LGA (which includes the $1,000 already approved by the Council); b that the Council approve a donation of $1,726.01 to the North Orange Rotary from the 3rd Quarter Emergent Fund into a special account to be opened by North Orange Rotary for the training of a Guide Dog for a resident of the Orange LGA; c that the Council approve a donation of $1,726.02 to the North Orange Rotary from the 4th Quarter Emergent Fund into a special account to be opened by North Orange Rotary for the training of a Guide Dog for a resident of the Orange LGA; d that North Orange Rotary write to the Council formally acknowledging the terms of this donation and its commitment to (1) establishing the account; (2) spending funds from this account solely for the purpose of training of a Guide Dog for a resident of the Orange LGA; (3) advise Council immediately when and if a suitable trained dog is provided to an Orange resident and the funds paid to the Guide Dogs NSW/ACT; (4) acknowledge that the funding for the training is provided by the North Orange Rotary and Orange City Council; (5) return the funds to Council immediately if for any reason the funds cannot be expended on a guide dog for a person who is a resident of Orange so that the Council can reallocate those funds to support other people with disabilities in Orange.	E-mail sent to applicant and applicant called on 22 October 2018 to advise Council's resolution; letter (D18/56949) posted on 23 October 2018. Payment will be arranged according to the resolution.
16 OCT 2018	CCL	5.4 CHRISTMAS/NEW YEAR RECESS 2018/2019 TRIM REFERENCE: 2018/2433 RESOLVED - 18/477 Cr J Hamling/Cr S Nugent That Council resolves: 1 The Civic Centre, Giyalang Ganya and Works Depot close down for the Christmas period from Monday 24 December 2018 to Tuesday 1 January 2019 (inclusive). 2 During the period 24 December 2018 to 5 February 2019, Council delegate its function to determine development applications and planning matters, with the exception of matters that cannot be delegated under the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979, in circumstances where it is unreasonable to defer consideration of the matter, to the Mayor, Chairperson of the Planning and Development Committee, and the General Manager (so that the General Manager and either the Mayor OR the Chairperson of the Planning and Development Committee, are available to determine matters).	Information distributed.
16 OCT 2018	CCL	5.3 RESCHEDULING OF THE COUNCIL AND POLICY COMMITTEE MEETING OF 6 NOVEMBER 2018 TRIM REFERENCE: 2018/2566 RESOLVED - 18/476 Cr K Duffy/Cr S Nugent That Council resolves to change the date of the Council and Policy Committee meeting scheduled for Tuesday 6 November 2018 to Wednesday 7 November 2018.	All necessary action taken place to re-schedule meeting. Change advertised. Meeting held on Wednesday 7 November 2018.
16 OCT 2018	CCL	5.2 UPDATE ON OUTSTANDING RESOLUTIONS OF COUNCIL INCLUDING QUESTIONS TAKEN ON NOTICE AND NOTICES OF MOTIONS. TRIM REFERENCE: 2018/2457 RESOLVED - 18/475 Cr J Hamling/Cr K Duffy That the information provided in the report by the Manager Corporate Governance on Outstanding and Completed Notices of Motion, Questions of Notice and Matters arising be acknowledged.	Resolution Noted. Register Updated 13 November 2018 for readability STATUS COLUMN ADDED - Green = COMPLETE - Yellow = ONGOING - Red = OUTSTANDING
16 OCT 2018	CCL	5.1 RECOMMENDATIONS AND RESOLUTIONS FROM POLICY COMMITTEES TRIM REFERENCE: 2018/2456 RESOLVED - 18/474 Cr J Whitton/Cr R Kidd That Council resolves to adopt the following resolutions of Policy Committees from the meetings of 2 October 2018: 1 INFRASTRUCTURE POLICY COMMITTEE Council resolves to approve the minutes Infrastructure Policy Committee held on 2 October 2018. 2 SPORT AND RECREATIONAL POLICY COMMITTEE Council resolves to approve the minutes Sport and Recreational Committee held on 2 October 2018. 3 ENVIRONMENTAL SUSTAINABILITY POLICY COMMITTEE Council resolves to approve the minutes of the Environmental Sustainability Committee held on 2 October 2018. 4 FINANCE POLICY COMMITTEE Council resolves to approve the minutes of the Finance Policy Committee held on 2 October 2018. 5 SERVICES POLICY COMMITTEE Council resolves to approve the minutes of the Services Policy Committee held on 2 October 2018.	Resolution Noted
16 OCT 2018	CCL	4.2 RESCISSION MOTION - DEVELOPMENT APPLICATION DA 362/2017(1) - LOT 701 LORDS PLACE (WADE PARK) TRIM REFERENCE: 2018/2507 RESOLVED - 18/473 Cr J Hamling/Cr K Duffy That Council defer this item for consideration after a site visit and briefing have been held.	Rescission Motion Passed 7 November 2018 4.3 RESCISSION MOTION - DEVELOPMENT APPLICATION DA 362/2017(1) - WADE PARK TRIM REFERENCE: 2018/2698 RESOLVED - 18/513 Cr J Hamling/Cr R Turner 1 That Council rescind the decision of the Planning and Development Committee held on 2 October 2018: “2.3 Development Application DA 362/2017(1) - Lot 701 Lords Place (Wade Park) TRIM Reference: 2017/2520 RESOLVED - 18/438 Cr K Duffy/Cr R Kidd That Council consents to development application DA 362/2017(1) for Recreation Facility (indoor) in Association with the Existing Recreation Facility (major) and Demolition at Lot 701 DP 1001618 – Wade Park, Lords Place, Orange pursuant to an adjustment to the attached conditions of consent, dictating the facility be moved 3-4 meters further west.” and replace it with the following recommendation: That Council resolves: 1 To issue a consent to development application DA 362/2017(1) for Recreation Facility (indoor) in Association with the Existing Recreation Facility (major) and Demolition at Lot 701 DP 1001618 – Wade Park, Lords Place, Orange pursuant to the conditions of consent in the attached Notice of Approval. 2 That Council conduct a review of the existing Western Grandstand at Wade Park and report to Council on options and costing for refurbishment and renewal to current standards.
16 OCT 2018	CCL	4.1 NOTICE OF MOTION - CREATION OF COMMUNITY COMMITTEE - ORANGE IRISH HERITAGE FESTIVAL TRIM REFERENCE: 2018/2455 RESOLVED - 18/472 Cr K Duffy/Cr S Romano That Council establish a community based Committee for the creation of an Orange Irish Heritage Festival.	Meeting for interested community members will be held on 27 November 2018 at the Council Chambers.
2 OCT 2018	SPC	2.6 MINUTES OF THE CLIFTON GROVE COMMUNITY COMMITTEE - 13 SEPTEMBER 2018 TRIM REFERENCE: 2018/2421 RESOLVED - 18/462 Cr S Romano/Cr S Munro 1 That Council acknowledge the reports presented to the Clifton Grove Community Committee at its meeting of 13 September 2018. 2 That Council determine recommendation 3.1 and 3.2 from the minutes of the Clifton Grove Community Committee meeting held on 13 September 2018. 3 That the remainder of the minutes of the Clifton Grove Community Committee meeting held on 13 September 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
2 OCT 2018	SPC	2.5 MINUTES OF THE NAIDOC WEEK COMMUNITY COMMITTEE MEETING - 7 SEPTEMBER 2018 TRIM REFERENCE: 2018/2393 RESOLVED - 18/461 Cr K Duffy/Cr S Romano 1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting held on 20 July 2018. 2 That the remainder of the minutes of the NAIDOC Week Community Committee at its meeting held on 20 July 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
2 OCT 2018	SPC	2.4 MINUTES OF THE ORANGE HEALTH LIAISON COMMUNITY COMMITTEE MEETING - 5 SEPTEMBER 2018 TRIM REFERENCE: 2018/2420 RESOLVED - 18/460 Cr R Kidd/Cr K Duffy 1 That Council acknowledge the reports presented to the Orange Health Liaison Committee at its meeting held on 5 September 2018. 2 That Council determine recommendation 3.1 from the minutes of the Orange Health Liaison Committee meeting of 5 September 2018. 3 That the remainder of the minutes of the Orange Health Liaison Committee at its meeting held on 5 September 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
2 OCT 2018	SPC	2.3 MINUTES OF THE CULTURAL HERITAGE COMMUNITY COMMITTEE - 4 SEPTEMBER 2018 TRIM REFERENCE: 2018/2413 RESOLVED - 18/459 Cr R Kidd/Cr M Previtera 1 That Council acknowledge the reports presented to the Cultural Heritage Community Committee at its meeting held on 4 September 2018. 2 That the minutes of the Cultural Heritage Community Committee at its meeting held on 4 September 2018 be adopted.	Resolutions noted.
2 OCT 2018	SPC	2.2 MINUTES OF THE AGEING AND ACCESS COMMUNITY COMMITTEE - 29 AUGUST 2018 TRIM REFERENCE: 2018/2337 RESOLVED - 18/458 Cr J Whitton/Cr M Previtera 1 That Council acknowledge the reports presented to the Ageing and Access Community Committee at its meeting held on 29 August 2018. 2 That Council determine recommendations 3.1, 3.2 and 4.1 from the minutes of the Ageing and Access Community Committee meeting of 29 August 2018. 3 That the remainder of the minutes of the Ageing and Access Community Committee at its meeting held on 29 August 2018 be adopted.	Resolutions noted. Action Plan updated.
2 OCT 2018	SPC	2.1 MINUTES OF THE COMMUNITY SAFETY AND CRIME PREVENTION COMMITTEE - 27 AUGUST 2018 TRIM REFERENCE: 2018/2317 RESOLVED - 18/457 Cr R Kidd/Cr J McRae 1 That Council acknowledge the reports presented to the Community Safety and Crime Prevention Committee at its meeting of 27 August 2018. 2 That Council determine recommendation 3.1 from the minutes of the Community Safety and Crime Prevention Committee meeting of 27 August 2018. 3 That the remainder of the minutes of the Community Safety and Crime Prevention Committee Meeting of 27 August 2018 be adopted.	Resolutions noted. Actions resolved by Council to be enacted.
2 OCT 2018	ESPC	2.1 MINUTES OF THE COMPANION ANIMAL COMMUNITY COMMITTEE - 3 SEPTEMBER 2018 TRIM REFERENCE: 2018/2267 RESOLVED - 18/452 Cr K Duffy/Cr S Munro 1 That Council acknowledge the reports presented to the Companion Animals Community Committee at its meeting held on 3 September 2018. 2 That Council determine recommendation 4.1 from the minutes of the Companion Animals Community Committee meeting of 3 September 2018. 3 That the remainder of the minutes of the Companion Animals Community Committee at its meeting held on 3 September 2018 be adopted.	Resolutions noted.
2 OCT 2018	IPC	2.1 MINUTES OF THE AIRPORT COMMUNITY COMMITTEE MEETING - 29 AUGUST 2018 TRIM REFERENCE: 2018/2261 RESOLVED - 18/445 Cr J Whitton/Cr S Nugent That the recommendations made by the Airport Community Committee at its meeting held on 29 August 2018 be adopted.	Resolutions noted.
2 OCT 2018	PDC	2.8 ORANGE CITY COUNCIL JOINT REGIONAL PLANNING PANEL MEMBERSHIP TRIM REFERENCE: 2018/2243 RESOLVED - 18/443 Cr K Duffy/Cr G Taylor That Council choose Alan Renike and Cr Russell Turner as its two permanent and Cr Scott Munro as its one alternate Joint Regional Planning Panel expert representatives.	JRPP advised of the appointment of Cr Turner and Alan Renike. Cr Munro withdraw nomination. JRPP to advise if alternate member is required.
2 OCT 2018	PDC	2.7 DEVELOPMENT APPLICATION DA 312/2018(1) - 84 DALTON STREET AND LOT 1 ANSON STREET TRIM REFERENCE: 2018/2376 RESOLVED - 18/442 Cr J Whitton/Cr S Munro That Council consents to development application DA 312/2018(1) for Subdivision (three lot Torrens) at Lots 1 and 2 Section 4 DP 758817 – 84 Dalton Street and Lot 1 Anson Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Determination Issued
2 OCT 2018	PDC	2.6 DEVELOPMENT APPLICATION DA 240/2018(1) - 216-238 PEISLEY STREET TRIM REFERENCE: 2018/2260 RESOLVED - 18/441 Cr K Duffy/Cr R Kidd That Council consents to development application DA 240/2018(1) for Shop (alterations and additions to existing building) and Signage at Lot 4 DP 626604 - 216-238 Peisley Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Determination Issued.
2 OCT 2018	PDC	2.5 DEVELOPMENT APPLICATION DA 211/2018(1) - 10, 12 AND 14 GATEWAY CRESCENT TRIM REFERENCE: 2018/2419 RESOLVED - 18/440 Cr S Romano/Cr M Previtera That Council consents to development application DA 211/2018(1) for Vehicle Sales or Hire Premises (alterations and additions) and Business Identification Signs at Lots 3, 26 and 27 DP 270446 – 10, 12 and 14 Gateway Crescent, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Determination Issued.
2 OCT 2018	PDC	2.4 DEVELOPMENT APPLICATION DA 16/2018(1) - 38-40 ROSEMARY LANE TRIM REFERENCE: 2018/2398 RESOLVED - 18/439 Cr S Munro/Cr G Taylor That Council consents to development application DA 16/2018(1) for Subdivision (two lot residential), Demolition (tree removal), Dwelling and Attached Garage, and Subdivision (two lot residential) at Lot 100 DP 857135 – 38-40 Rosemary Lane, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Determination Issued.
2 OCT 2018	PDC	2.3 DEVELOPMENT APPLICATION DA 362/2017(1) - LOT 701 LORDS PLACE (WADE PARK) TRIM REFERENCE: 2017/2520 RESOLVED - 18/438 Cr K Duffy/Cr R Kidd That Council consents to development application DA 362/2017(1) for Recreation Facility (indoor) in Association with the Existing Recreation Facility (major) and Demolition at Lot 701 DP 1001618 – Wade Park, Lords Place, Orange pursuant to an adjustment to the attached conditions of consent, dictating the facility be moved 3-4 meters further west	Resolution noted. Rescission Motion Passed 7 November 2018 4.3 RESCISSION MOTION - DEVELOPMENT APPLICATION DA 362/2017(1) - WADE PARK TRIM REFERENCE: 2018/2698 RESOLVED - 18/513 Cr J Hamling/Cr R Turner 1 That Council rescind the decision of the Planning and Development Committee held on 2 October 2018: “2.3 Development Application DA 362/2017(1) - Lot 701 Lords Place (Wade Park) TRIM Reference: 2017/2520 RESOLVED - 18/438 Cr K Duffy/Cr R Kidd That Council consents to development application DA 362/2017(1) for Recreation Facility (indoor) in Association with the Existing Recreation Facility (major) and Demolition at Lot 701 DP 1001618 – Wade Park, Lords Place, Orange pursuant to an adjustment to the attached conditions of consent, dictating the facility be moved 3-4 meters further west.” and replace it with the following recommendation: That Council resolves: 1 To issue a consent to development application DA 362/2017(1) for Recreation Facility (indoor) in Association with the Existing Recreation Facility (major) and Demolition at Lot 701 DP 1001618 – Wade Park, Lords Place, Orange pursuant to the conditions of consent in the attached Notice of Approval. 2 That Council conduct a review of the existing Western Grandstand at Wade Park and report to Council on options and costing for refurbishment and renewal to current standards.
2 OCT 2018	PDC	2.2 DEVELOPMENT APPLICATION DA 307/2013(6) - 3-4/51 MOULDER STREET TRIM REFERENCE: 2018/2389 RESOLVED - 18/437 Cr J Whitton/Cr K Duffy That Council modifies development consent DA 307/2013(5) for Dwelling House, Community Title Subdivision (three lot residential), Community Title Subdivision (four lot residential) and Dwelling Houses (four) at approved Lot 4 in a subdivision of Lot 7 DP 286647 - 51 Moulder Street, Orange (formerly known as Lot 1 DP 797835 and Lot 201 DP 1175177 - 49 and 51 Moulder Street, Orange), pursuant to the conditions of consent in the attached modified Notice of Approval.	Consent issued.
2 OCT 2018	CCL	6.1 CONCRETE CIVIL WORKS TENDER PANEL TRIM REFERENCE: 2018/2266 RESOLVED - 18/468 Cr J Whitton/Cr K Duffy 1 That Council enter into a supply panel contract with JM Concreting, Mark Foley, GR Spurr, Orange Concrete Services and Orello Pty Ltd for the two year period commencing 19 September 2018 for Concrete Civil Works. 2 That purchases under this panel contract be made that are most advantageous to Council. 3 That approval be granted for the use of the Council Seal on any relevant document if required.	Contracts have been sent out, received, signed and countersigned for the following companies: • GR Spurr Concreting Pty Ltd • Foley Mark and Heather • JM Concreting Pty Ltd • Orange Concreting Service • Orello Pty Ltd Signed copies are being posted back to the respective companies today & tomorrow, with a view of commencing footpath works in North-Orange within 3-4 weeks.
2 OCT 2018	CCL	5.3 AUSTRALIAN AIRPORTS ASSOCIATION ANNUAL CONFERENCE 2018 TRIM REFERENCE: 2018/2367 RESOLVED - 18/466 Cr K Duffy/Cr S Romano That Council resolves to approve the following Councillor to attend the Australian Airports Association Conference: 1. Cr Sam Romano 2. Cr Mario Previtera	Councillors registered as per Council resolution, accommodation and flights booked.
2 OCT 2018	CCL	5.2 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS 2018 TRIM REFERENCE: 2018/2371 RESOLVED - 18/465 Cr G Taylor/Cr S Romano That Council resolve Cr Duffy and Cr Hamling to attend the National Local Roads and Transport Congress to be held in Alice Springs, NT on 20-22 November 2018	Councillors registered as per Council resolution, accommodation and flights booked
4 Sept 2018	SPC	3.1 RECREATIONAL USE OF GOSLING CREEK, SPRING CREEK AND SUMA PARK DAMS TRIM REFERENCE: 2018/2175 RESOLVED - 18/416 Cr M Previtera/Cr S Munro That Council publicly exhibits, for a period of 28 days, proposals to: (as below) 1 Permit camping on the Southern side of Gosling Creek with access to amenities on the Northern Side of Gosling Creek; 2 Permit Camping on the Northern side of Gosling Creek within a designated area at times determined by Council so as not to conflict with events or activities; 3 Permit RV parking within established car parks at Gosling Creek; 4 Permit access to Spring Creek Dam for non-powered and electric boating, fishing but not camping; 5 Not permit land or water based activity at Suma Park; and 6 Report to Council following the public exhibition on the submissions received.	Noted. Site meeting to be arranged for Councillors. Report to Council upon completion of exhibition period tabling submissions received.
4 Sept 2018	SRPC	3.1 WADE PARK - INDOOR CRICKET CENTRE AND PROPOSED FUTURE DEVELOPMENT TRIM REFERENCE: 2018/2178 RESOLVED - 18/408 Cr K Duffy/Cr S Romano 1 Council note the report; and 2 Council adopt the preliminary plans for the future development of Wade Park as outlined in this report and seek funding for this project.	Noted. Seeking grant funding.
4 Sept 2018	IPC	3.2 BE SEEN. BE SAFE. DRIVE WITH YOUR HEADLIGHTS ON TRIM REFERENCE: 2018/1868 RESOLVED - 18/403 Cr J McRae/Cr S Nugent 1 That Council supports the ‘Be Seen. Be Safe’ road safety campaign. 2 That Council recommends all fleet and plant vehicles where appropriate be driven with their headlights on.	Official launch with Mayors was held on Wednesday 12 September 2018. A social media campaign, toolbox meeting and an observation study will be undertaken.
4 Sept 2018	PDC	2.2 ADDITIONS TO ORANGE LOCAL ENVIRONMENT PLAN 2011 - ORANGE AS A FOOD AND WINE TOWN TRIM REFERENCE: 2018/1927 RESOLVED - 18/397 Cr S Nugent/Cr K Duffy 1 That Council delegate to staff the preparation of a Planning Proposal to add ‘Artisan food and drink industry’ to more commercial zones in Orange and for it to be put through the Gateway process and on to public exhibition. 2 That staff prepare appropriate environmental controls in relation to scale, traffic, odours, noise and waste for inclusion in the Planning Proposal.	Planning proposal being prepared – to Gateway.
21 Aug 2018	CCL	5.9 LEASE SITE U AT ORANGE AIRPORT TRIM REFERENCE: 2018/1751 RESOLVED - 18/387 Cr S Romano/Cr R Turner 1 Council enter into consecutive leases of five years each to a maximum of 20 years with Aero Refuellers Pty Limited at the Orange Airport. 2 The Council delegate to the General Manager authority to negotiate the terms of the lease and to take such actions as may be necessary or convenient to execute the lease. 3 That approval be granted for the use of the Council Seal on any necessary documentation if required.	Lease terms being discussed between respective solicitors.
21 Aug 2018	CCL	5.8 USE OF LAKE CANOBOLAS FOR PADDLE BOARD HIRE TRIM REFERENCE: 2018/1952 RESOLVED - 18/516 Cr S Nugent/Cr S Munro 1 That Council enter into a Licence Agreement for the use of Lake Canobolas for a stand up paddleboard hire facility for up to 3 years. 2 That permission be granted for the use of the Council Seal on any necessary documentation.	Proposed lessee in the process of lodging a development application with Cabonne Council
21 Aug 2018	CCL	5.7 LEASE OF COOK PARK GUILDRY TRIM REFERENCE: 2018/1159 RESOLVED - 18/385 Cr S Munro/Cr S Nugent 1 That Council enter into a 5 year lease (with one 5 year option) with Cook Park Guildry Co-operative Limited of the Bastick Cottage in Cook Park at a rental of $150 per week. 2 That permission be granted for the use of the Council Seal on all necessary documentation.	Crown Land lease in the process of being prepared.
14 August 2018	PDC	2.10 Orange Local Environmental Plan 2011 - Amendment 17 'Towac Equine Precinct' RESOLVED - 18/517 Cr T Mileto/Cr G Taylor 1 That Council support sending the planning proposal to the NSW Department of Planning and Environment for a Gateway determination, subject to the proposed 1ha area being amended so as to also be set at 2ha. 2 That, subject to any Gateway condition requirements, Council place the planning proposal on public exhibition for a period of 28 days. 3 That Council include the draft Development Control Plan provisions relating to Animal Boarding or Training Establishments with any public exhibition of the planning proposal. 4 That subsequent to the public exhibition process, Council consider whether to exclude any specific properties from the planning proposal.	Planning Proposal and attachments sent to Gateway.
14 August 2018	PDC	2.11 Draft Enforcement Policy RESOLVED - 18/5183 Cr K Duffy/Cr T Mileto That Council endorses the attached Draft Enforcement Policy for public exhibition for a period of 28 days.	Public exhibition period closed. Policy to come to next Council meeting for adoption.
14 August 2018	PDC	3.1 DA Legal Cost Award Update (Strictly Confidential and Privileged) RESOLVED - 18/519 Cr G Taylor/Cr S Nugent That Council delegate to the General Manager the management of the cost award matters.	Negotiations underway.
7 August 2018	CCL	4.2 NOTICE OF MOTION - ELECTRICITY PRICES RESOLVED - 18/349 Cr J Whitton/Cr K Duffy That Orange City Council work with the Orange Chamber of Commerce and/or local organisations to hold a forum involving government, community and business representatives to discuss what the State and Federal governments are doing to reduce electricity price increases for regional residents and businesses.	Preliminary planning meeting has been held with a view to holding a forum towards the end of the year.
7 August 2018	CCL	4.1 NOTICE OF MOTION - UPDATE ON HOT MIX PLANT TRIM REFERENCE: 2018/1874 RESOLVED - 18/348 Cr J Whitton/Cr J Hamling That Council staff provide prepare a business case for the establishment of an Asphalt Hot Mix Plant in Orange exploring options for both the local and surrounding areas.	Scheduled, with some discussion with industry continuing.
17 July 2018	CCL	4.2 NOTICE OF MOTION - ESTABLISHMENT OF A COMMUNITY WOOD AND HEATING BANK RESOLVED - 18/520 Cr G Taylor/Cr J Whitton That Council contribute to the establishment of a community wood and heating bank as follows: 1 The wood and heating bank be based on a similar structure as support services such as Foodbank where suitable organisations manage a voucher system based on an appropriate criteria. 2 Council initiate the service with the purchase of $5,000 worth of wood. 3 Council take donations of appropriate wood and financial contributions to provide to the service. 4 Where available and suitable, surplus wood from Council operations be provided to the service. 5 Council seek collaboration with suitable service providers and service clubs to establish and continue the service. 6 The wood and heating bank be trialled to December 2019 with a review to then be undertaken.	Commenced discussions with potential suppliers and determining the parameters of the scheme.
3 July 2018	CCL	4.1 NOTICE OF MOTION - TREES RESOLVED - 18/301 Cr S Nugent/Cr T Mileto (as below) That Council prepare a report on the legislative, policy and operational options that could be considered in Orange for: 1 Reducing the number of significant trees removed/destroyed in new sub-division and in-fill developments. 2 Better protection and ensuring the survival of trees to be retained in new sub-division and in-fill developments. 3 Maximising the survival rate of replacement trees planted in compliance with conditions of consent for development applications. 4 Protecting street trees across the city. 5 That the variety of trees are suitable to the environment in which they are planted	Report to November ESPC
3 July 2018	CCL	4.4 NOTICE OF MOTION – INVITATION OF CANDIDATES FOR UPCOMING STATE ELECTION TO ADDRESS COUNCIL AND INVITATION TO DEPUTY PREMIER REGARDING BOUNDARY ADJUSTMENTS RESOLVED - 18/301 Cr K Duffy/Cr S Romano That Council write to and invite all Candidates in the March 2019 NSW State Election to Address Council at the Open Forum.	Letter to be written to candidates.
3 July 2018	CCL	4.5 Notice of Motion - Quarterly Report on Development Applications Lodged RESOLVED - 18/302 Cr K Duffy/Cr M Previtera That Council receive a Quarterly Report on All Development Applications lodged with Council that are over 3 months old.	Quarterly report provided.
3 July 2018	EEDPC	2.1 Australian Local Government Womens Association Conference bids RESOLVED - 18/303 Cr J McRae/Cr J Whitton That a Communication Strategy be prepared in relation to the promotion of diversity and participation in Local Government.	Workshop preparations underway and proposed for early 2019.

WORKS REQUESTS

CR TAYLOR – Requested the trees on Ploughmans Lane between Cargo and Forbes Rd be inspected for overhang and to determine if any need to be removed due to being dead/dying. CRM Number 9173/2018

CR TAYLOR – Requested the trees on Bundarra Place be inspected as some may be dead/dying. CRM Number 9720/2018.

Council Meeting 20 November 2018

5.4 Development Application DA 318/2018(1) - proposed Department of Industry Building - 84 Dalton Street, Orange

Attachment 2 Draft Notice of Determination

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

Development Application No DA 318/2018(1)

NAXX/XX Container XXXXXX

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

Development Application
Applicant Name:	Verde Property (Aust) Pty Ltd
Applicant Address:	Attention: Stephen Gosling GPO Box 5086 Brisbane QLD 4001
Owner’s Name:	Verde Property (Aust) Pty Ltd
Land to Be Developed:	Lot 500 in subdivision of Lot 2 (Section 4) DP 758817 – 84 Dalton Street, Orange
Proposed Development:	Commercial Premises and Public Administration Building

Building Code of Australia building classification:	To be determined by the PCA

Determination
Made On:	XX MONTH 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	XX MONTH 2018
Consent to Lapse On:	XX MONTH 2023

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) Because the development will require the provision of, or increase the demand for, public amenities and services.

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

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

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

Conditions

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

(a) Architectural plans prepared by Group GSA numbered A1101 (03/09/2018), A1102 (03/09/2018), A2000 (03/09/2018), A2001 (03/09/2018), A2002 (03/09/2018), A2003 (03/09/2018), A2004 (03/09/2018), A2005 (03/09/2018), A2006 (03/09/2018), A2007 (03/09/2018), A2008 (03/09/2018), A2009 (03/09/2018), A3000 (03/09/2018), A3001 (03/09/2018), A3002 (03/09/2018), A3003 (03/09/2018), A3004 (03/09/2018), A3100 (03/09/2018), A3101 (03/09/2018), A3102 (03/09/2018), A3103 (03/09/2018), A5000 (03/09/2018), A6000 (03/09/2018) (23 sheets).

(b) Civil engineering plans prepared by Henry & Hymas numbered DIO-CV-0000 (Aug 2018), DIO-CV-0100 (Aug 2018), DIO-CV-0200 (Aug 2018), DIO-CV-0201 (Aug 2018), DIO-CV-0250 (Aug 2018), DIO-CV-SE01 (Aug 2018), DIO-CV-SE02 (Aug 2018), DIO-CV-SE03 (Aug 2018) (8 sheets).

(c) Landscape plans prepared by Group GSA Pty Ltd numbered 1000 (03/09/2018), 1100 (03/09/2018), 2001 (03/09/2018), 2002 (03/09/2018), 2003 (03/09/2018), 2004 (03/09/2018), 2005 (03/09/2018), 2006 (03/09/2018), L-3001 (03/09/2018) (9 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

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.

CONSTRUCTION OF COMMERCIAL PREMISES AND PUBLIC ADMINISTRATION BUILDING

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(5) Engineering plans providing complete details of all proposed driveways 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.

The carpark design and construction shall allow for access to, and the future construction of, four (4) spaces located on the former ambulance building site.

(6) A 150mm-diameter sewer main and junction shall be constructed from Council’s existing main to serve the proposed development. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council.

(7) A dedicated fire main and water supply shall be provided for the development. Engineering plans of the proposed water main connection are to be submitted to and approved by Orange City Council prior to the issue of a Construction Certificate.

(8) The development’s stormwater design shall include stormwater detention within the development, designed to limit peak outflows from the land to the pre-existing natural outflows up to the 100 year ARI frequency, with sufficient allowance in overflow spillway design capacity to safely pass flows of lower frequency (that is, a rarer event) without damage to downstream developments. Where appropriate, the spillway design capacity is to be determined in accordance with the requirements of the Dam Safety Committee.

The design of the detention storage is to be undertaken using the ILSAX/DRAINS rainfall-runoff hydrologic model or an approved equivalent capable of assessing runoff volumes and their temporal distribution as well as peak flow rates. The model is to be used to calculate the flow rates for the existing and post-development conditions. The developed flows are to be routed through the proposed storage within the model so that the outflows obtained are no greater than the flows obtained for the pre-existing natural flows. A report detailing the results of the analysis, which includes:

(a) a catchment plan showing sub-catchments under existing and developed conditions;

(b) schematic diagram of the catchment model showing sub areas and linkages;

(d) tabulation for the range of frequencies analysed, the inflows, outflows and peak storage levels for both existing and developed conditions.

The above information and copies of the data files for the model and engineering design plans of the required drainage system are to be submitted to Orange City Council upon application for a Construction Certificate.

(9) 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.

(10) Prior to the issue of a Construction Certificate, the applicant is to obtain an approval under Section 68 of the Local Government Act for the temporary closure of any footpath or roadway.

A pedestrian/vehicle management plan is to accompany the application. Details are to be provided of the protective hoardings, fences and lighting that are to be used during demolition, excavation and building works in accordance with the requirements of the Occupational Health & Safety Act 2000, Australian Standard AS3798-1996 (Guidelines on Earthworks for Commercial and Residential Developments) and the WorkCover Authority.

Note: On corner properties particular attention is to be given to the provision of adequate sight distances.

(11) Detailed plans and specifications are to be provided specifying the proposed fitout of the food preparation and storage areas in accordance with the requirements of Australian Standard 4674-2004 "Design and construction and fitout of food premises" and Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code.

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

(13) The applicant shall provide the Principal Certifying Authority and Council with a report from a qualified Acoustic Consultant that identifies all mechanical equipment and attenuation solutions (such as acoustic shielding) to be installed within the development. The Report shall confirm that the operation of such plant will comply with the NSW State Industrial Noise Policy. Plans must be amended to include any recommendations and design requirements of the Acoustic Consultant prior to the issue of a Construction Certificate.

(14) Engineering plans, showing details of all proposed work and adhering to any engineering conditions of development consent, are to be submitted to, and approved by, Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.

(15) 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.

(16) All stormwater from the site shall be piped to the existing underground stormwater drainage pipes in Prince Street and Anson Street. Prior to a Construction Certificate being issued engineering plans for this stormwater system shall be submitted to and approved by Orange City Council.

(17) Stormwater runoff from the site shall be directed to a stormwater treatment system. The design of the stormwater treatment system shall ensure that the quality of stormwater leaving the developed site shall be equal to or better than predevelopment outflows. The criteria for assessment shall include the following key indicators: Total Phosphorus (μg.L-1), Total Nitrogen (μg.L-1), pH (lower and upper limits), Salinity (μS.cm-1), and Turbidity (NTU).

The stormwater treatment system design shall be submitted to Orange City Council for approval by Councils Director – Technical Services prior to the issue of a Construction Certificate. The design shall be undertaken using an accredited assessment tool (Music™ or other approved assessment tool) and shall include the abovementioned key indicators and copies of the electronic data files.

(18) A Road Opening Permit (ROP) in accordance with Section 138 of the Roads Act 1993 shall be approved by Orange City Council prior to a Construction Certificate being issued or any intrusive works being carried out within the public road or footpath reserve. Works covered by a ROP include:

(a) Installation, maintenance, repairs/replacement or upgrading of utilities (water, gas, electricity or telecommunications).

(b) Any type of stormwater or sewer connection works and repairs.

(c) Construction of any temporary/permanent driveway access to a property for residential or construction vehicle access. Replacement of redundant driveways with new footpaths.

(d) Upgrading the road, kerb & gutter associated with a development site approved by the Orange City Council.

A Road Opening Permit Certificate of Compliance is to be issued for the works by Council prior to any Occupation/ Final Certificate being issued for the development.

Subject to Council’s approval of a Road Opening Permit, a Development Security Bond is required to be lodged in accordance with Orange City Council Development Security Bond Policy. A bond amount as per Council’s Fees and Charges is to be provided to Council prior to the issuing of any Construction Certificate for the development.

(19) A Liquid Trade Waste Application is to be submitted to Orange City Council prior to the issuing of a Construction Certificate. The application is to be in accordance with Orange City Council’s Liquid Trade Waste Policy. Engineering plans submitted as part of the application are to show details of all proposed liquid trade waste pre-treatment systems and their connection to sewer.

Where applicable, the applicant is to enter into a Liquid Trade Waste Service Agreement with Orange City Council in accordance with the Orange City Council Liquid Trade Waste Policy.

(20) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The payment of contributions is required to be paid prior to the issue of a Construction Certificate for the building structure. The contributions are based on 84.5 ETs for water supply headworks and 84.5 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

(21) Backflow Prevention Devices are to be installed to AS3500 and in accordance with Orange City Council Backflow Protection Guidelines. Details of the Backflow Prevention Devices are to be submitted to Orange City Council prior to the issuing of a Construction Certificate.

(22) The applicant shall prepare a plan(s) detailing the location and design of a 600mm wide concrete median to be constructed the full length of Anson Street between Dalton and Prince Street. The new concrete median shall restrict traffic movements to and from the Anson Street access driveway to left-in and left-out only. The infrastructure shall be located and designed to tie in with the existing concrete mediums located at the nearby traffic lights and roundabout to the satisfaction of Orange City Council.

(23) The applicant shall prepare a plan(s) detailing the location and design of a 900mm high masonry separation barrier between the turning bay (shown on plan A2000, dated 03/09/2018) and public footpath along Prince Street. The separation barrier shall be located and designed to the satisfaction of Orange City Council.

(24) The applicant shall provide revised landscape plans showing additional landscaping treatment along the Dalton Street elevation in order to provide screening of the multi-storey car park. The plans are to identify the number and type of species to provided. The revised landscape plans shall be prepared to the satisfaction of Orange City Council.

PRIOR TO WORKS COMMENCING

(25) Prior to works commencing, the applicant shall prepare a structural Dilapidation Report identifying the condition of all public infrastructure in the vicinity of the site (including roads, gutters, footpaths, sewer manholes, water main valves and hydrants etc.) in Prince Street, Anson Street and Dalton Street. The existing structural condition of the historic former Ambulance Station building located at the corner of Prince Street and Anson Street shall also be documented. A copy of the Dilapidation Report shall be submitted to the principal certifying authority and Orange City Council.

(26) Prior to works commencing, a Traffic Management Plan shall be prepared for the construction phase of the project.

(27) 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.

(28) 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.

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

DURING CONSTRUCTION/SITEWORKS

(30) Prior to the commencement of construction works, a Construction Environmental Management Plan (CEMP) must be submitted to the satisfaction of the principal certifying authority. The CEMP must address, but not be limited to, the following matters where relevant:

Details of:

i) hours of work;

ii) 24 hour contact details of site manager;

iii) traffic management

iv) construction noise and vibration management, prepared by a suitable qualified person;

v) management of dust and odour to protect the amenity of the neighbourhood;

vi) erosion and sediment control measures;

vii) stormwater control and discharge;

viii) measures to ensure that sediment and other materials are not tracked onto the roadway by vehicles leaving the site;

ix) procedures for encountering groundwater during construction works;

x) external lighting in compliance with AS4282:1997 Control of the Obtrusive Effects of Outdoor Lighting;

xi) waste classification (for materials to be removed) and validation (for materials to remain) be undertaken to confirm the contamination status in these areas of the site; and

xii) waste storage, recycling and litter control.

The CEMP must not include works that have not been explicitly approved in this development consent.

In the event of any inconsistency between the consent and the CEMP, the consent prevails.

The Applicant must submit a copy of the CEMP to Orange City Council prior to commencement of work.

The CEMP (as revised from time to time) must be implemented by the Applicant for the duration of the construction works.

(31) 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 Orange City 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.

(32) In the event that surface disturbance identifies an unexpected Aboriginal objects, relics or other historical items, all works must halt in the immediate area to prevent any further impacts to the object(s). A suitably qualified archaeologist and the registered Aboriginal representatives must be contacted to determine the significance of the objects. The Applicant must consult with the Aboriginal community representatives, the archaeologists, the Office of Environment and Heritage (OEH) and Orange City Council to develop and implement management strategies for all objects/sites. Works shall only recommence with the written approval of OEH.

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

(34) All construction/demolition work on the site is to be carried out in accordance with the EPA’s Interim Construction Noise Guideline 2009.

(35) A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority prior to the pouring of the slab or footings.

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

(37) All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

(38) 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.

(39) All driveway and parking areas are to be sealed with bitumen, hot mix or concrete and are to be designed for all expected loading conditions (provided however that the minimum pavement depth for gravel and flush seal roadways is 200mm) and be in accordance with the Orange City Council Development and Subdivision Code and AS 2890.1 – Parking Facilities.

(40) Heavy-duty concrete kerb and gutter laybacks and footpath crossings are to be constructed for the entrances to the proposed development in Anson Street and Prince Street. The location and construction of the laybacks and footpath crossings are to be as required by the Orange City Council Development and Subdivision Code.

(41) The applicant shall remove all redundant access driveways located in Prince Street, Anson Street and Dalton Street and reinstate the road pavement. Removal of the redundant access driveways shall be undertaken to the satisfaction of Orange City Council.

(42) The existing variable width concrete footpath in Dalton Street shall be removed for the full length of the Dalton Street frontage. A 2 metre wide concrete footpath shall be constructed for the full frontage of the site in Dalton Street. The grassed kerbside areas shall be turfed with an appropriate cool climate grass.

(43) The existing concrete and bitumen footpaths in Anson Street and Prince Street shall be removed for the full length of the Anson Street and Prince Street frontages to the traffic light blisters. A full width concrete footpath shall be constructed for the frontage of the site to Anson Street and Prince Street as per the design vision illustration.

(44) The existing kerbside barrier island and fence located on the Prince Street frontage shall be removed and the road pavement reinstated with road base and AC surfacing and be in accordance with the Orange City Council Development and Subdivision Code.

The existing driveways in Prince Street, Anson Street and Dalton Street that are not proposed to be used are to be replaced with concrete and/or bluestone kerb, and the footpath reinstated to the requirements of the Orange City Council Development and Subdivision Code.

(45) The applicant shall relocate the existing bus shelter in Dalton Street to the Anson Street frontage on the northern side of the proposed carpark access. The bus shelter shall be located and constructed to the satisfaction of Orange City Council.

(46) The applicant shall upgrade the existing street lighting to the counter leaving style as per the design vision illustration.

(47) The road pavement in Anson street and Prince Street shall be rehabilitated using heavy patching methods shown in Austroads guide to Pavement Technology: Part 5 Pavement Evaluation and Treatment design and to Orange City Council’s satisfaction then sealed with 50mm thick AC14 asphalt from kerb to kerb on top of a 10mm PMB SAMI seal.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(48) A total of 393 car parking spaces are to be provided as part of the development, in accordance with the plans listed at Condition 1.

(49) A Certificate of Compliance, from a Qualified Engineer, stating that the stormwater detention basin and stormwater treatment system complies with the approved engineering plans is to be submitted to the Principal Certifying Authority prior to the issuing of an Occupation Certificate.

(50) 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.

(51) Prior to an Occupation Certificate being issued, the applicant must engage a suitably qualified person to prepare a Post-Construction Dilapidation Report at the completion of construction. This report is required to ascertain whether the construction created any structural damage to adjoining buildings or infrastructure.

This report is to be submitted to the principal certifying authority who shall compare the Post-Construction Dilapidation Report with the Pre-Construction Dilapidation Report required by these conditions and obtain written confirmation from the relevant authority and/or land owners that there is no adverse structural damage to their buildings, infrastructure and/or roads.

A copy of the Post-Construction Dilapidation Report is to be provided to Orange City Council.

(52) Street trees are to be supplied and installed along all street frontages, to Orange City Council’s specification and to the satisfaction of Council’s Manager, City Presentation.

(53) Garbage collection is to be fully contained within the site. Bins must not to be located on the footpath or roadway on collection days. Prior to a Occupation Certificate being issued plans and/or details of the operation of the garbage collection are to be submitted to and approved by Orange City Council, including details of a private service agreement with Council’s waste contractor. The private service agreement must be to the satisfaction of Council's Waste Services Manager.

(54) External lighting is to be provided to ensure adequate lighting of the proposed car park to ensure the safety of employees and visitors outside of daylight hours. The lighting must be installed on the external façade of the existing / proposed building and be orientated in such a manner that it does not cause light spill from the subject property. Outdoor lighting must be in accordance with Australian Standard Control of the obtrusive effects of outdoor lighting – AS 4282-1997.

(55) 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.

(56) 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 compliance certificate issued, prior to the issue of either an interim or a final Occupation Certificate.

(57) 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.

(58) The applicant shall provide Council with an Operational Management Plan. The Plan shall include measures to appropriately mitigate operational noise from the development including noise from plant; patrons/pedestrians entering/leaving the site; noise from private areas; waste collection times; delivery times, general access and security gate operations.

(59) 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.

(60) Certificates for testable Backflow Prevention Devices are to be submitted to Orange City Council by a plumber with backflow qualifications prior to the issue of a final Occupation Certificate.

(61) 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 or Subdivision Certificate, unless stated otherwise.

(62) A 6.0m wide right of way aligning with the Anson Street carpark entrance and providing access to the 4 car parking spaces on the former ambulance building site shall be registered on the title of Lot 500 prior to the issue of an Occupation Certificate.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(63) Service vehicles may only access the site via Prince Street. All service vehicles are restricted to a maximum length of 9.6 metres and must enter and exit the site in a forward direction only to ensure full sight distance of oncoming traffic and pedestrians.

(64) Operating hours of the ground floor retail tenancy (restaurant or café) is restricted to between 6am - 6pm Monday to Friday, inclusive.

(65) 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.

(66) An assessment of noise emissions from the premises is to be provided to Council within 3 months from the issue of any Occupation Certificate. This commissioning report is to indicate noise levels through the monitoring of noise emanating from the normal peak use of the premises and determine if any, necessary noise mitigation measures. Any identified mitigation works shall be carried out within 1 month of the commissioning report, and the operation of the premises shall be carried out in accordance with any recommendations set out in the report.

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

(68) Waste collection bins shall be contained within the site and not located on public footpaths or roadways.

(69) Copies of maintenance records for servicing of the stormwater treatment system and stormwater detention basin shall be forwarded to Council on 1 December annually.

ADVISORY NOTES

(70) Any signage incorporated as part of the development that does not satisfy the exempt and complying development provisions under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 require separate development approval.

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

Essential Energy’s records indicate there is electricity infrastructure located within close proximity to 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 Power Lines and Underground Assets.

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 8.7 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 8.7 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 WESTERN REGIONAL PLANNING PANEL
Signature:
Name:	GORDON KIRKBY – WESTERN REGIONAL PLANNING PANEL (CHAIR)
Date:	XX MONTH 2018

Council Meeting 20 November 2018

5.5 Development Application DA 41/2007(2) - 84 Glenroi Avenue

RECORD NUMBER: 2018/2862

AUTHOR: Paul Johnston, Manager Development Assessments

EXECUTIVE Summary

Application lodged	18 September2018
Applicant/s	Ophir Tavern Business Pty Ltd
Owner/s	Ophir Tavern Land Pty Ltd
Land description	Lot 3 DP 630463 - 84 Glenroi Avenue, Orange
Proposed land use	Hotel (additions and alterations to existing)
Value of proposed development	$50,000

Approval is sought to modify an existing 2007 consent for the Ophir Tavern. The renovations relate to a refit and expansion (within the existing building footprint) of the kitchen, new flooring and ceiling finishes, some new internal partitioning and various other detail changes.

The changes cannot be carried out as exempt development for two reasons. Firstly the current use as a hotel (commercially referred to as a “tavern”) is not permissible in the zone. The development on the site is an “existing use” within the meaning of the Act, and any changes to an existing use requires consent in order to carry out the said alterations. Secondly, the proposed works substantially alter the cooking and food servery arrangements within the building, which within itself cannot be carried out as exempt development.

Complicating the issue further is that the works have been substantially completed without consent. Council is prevented under the legislation from granting retrospective development consent to a complete new application. However, the Land and Environment Court has established precedent that permits retrospectivity for Section 4.55 modifications.

In this case, it is considered that the works constitute a modification of consent. Matters in relation to compliance with the Building Code of Australia and Food Act requirements have been taken into consideration. Consequently, approval of the development as modified is supported.

This report is provided direct to Council as the applicant has requested that the application be dealt with expeditiously as he has currently engaged contractors and risks extra costs or contractors going to other jobs and delays on the project.

The matter of illegal works will be dealt with separately in conjunction with the Enforcement Policy which is to be reported to Council in December.

Figure 1 - locality plan

RECENT LEGISLATIVE CHANGES

On 1 March 2018 the Environmental Planning and Assessment Act 1979 was substantially amended. The most immediate change involves the restructuring and renumbering of the Act, with other more substantive changes to be phased in over time. However, for some applications (particularly where an application was lodged prior to the changes coming into effect) the supporting documentation may still reference the previous numbering regime. In the drafting of this report the content and substance of the supporting material has been considered irrespective of which legislative references were used.

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 provisions of the LEP must be considered by the Council in determining the application. 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. The objectives of each zoning and indeed the aims of the LEP itself are also to be considered and can be used to guide decision making around appropriateness of development.

Orange Development Control Plan 2004 – the DCP provides guidelines for development. In general it is a performance based document rather than prescriptive in nature. For each planning element 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. The DCP enables developers and architects to use design to achieve the planning outcomes in alternative ways.

DIRECTOR’S COMMENT

This development is straight forward, however raises the issue of potentially illegal works, which will be dealt with at a later juncture.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “10.1 Preserve - Engage with the community to ensure plans for growth and development are respectful of our heritage”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves to modify development consent DA 41/2007(1) for Hotel (additions and alterations to existing) at Lot 3 DP 630463 - 84 Glenroi Avenue, Orange pursuant to the conditions of consent in the attached modified Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE APPLICATION/PROPOSAL

Council's development consent is sought for the modification of DA 41/2007(1) relating to kitchen and dining room alterations, ramp and modifications to TAB and gaming area at the Ophir Hotel.

The scope of works for the proposed modification is as follows:

Dining:

· replace damaged carpet

· replace ceiling

· replace gyprock wall where damaged

· install gas fireplace

· demolish internal non-load bearing partition walls including glazed wall adjacent skylight

· demolish raised bar joinery

· replace light fixtures

· painting.

Kitchen:

· demolish internal non-load bearing partition wall

· repair kitchen floor (Epoxy coating)

· repair kitchen walls (tiles)

· install new kitchen equipment

· install internal joinery and walls adjacent cooking line.

External Works:

· paving and entry works, including paving and ramp to facilitate disabled access to the dining room from the car park.

TAB and Gaming Area:

· internal alterations to TAB and gaming area as per plans.

MATTERS FOR CONSIDERATION

Section 1.7 - Application of Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994

Development Applications lodged on or after 25 February 2018

Section 1.7 of the EP&A Act 1979 identifies that Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994 have effect in connection with terrestrial and aquatic environments.

Having regard to the relevant provisions and based on an inspection of the subject property, it is considered that the proposed development is not likely to significantly affect a threatened species. A Biodiversity Development Assessment Report is not required in this instance. In this instance, site inspection reveals that the subject property has no biodiversity or habitat value.

Section 4.55 - Modification of consent – generally

Section 4.55 of the Environmental Planning and Assessment Act 1979 states:

A consent authority may…modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan under section 72 that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

In consideration of this clause, the following comments are made:

· The proposed modification of consent is considered to be of minimal environmental impact as the large majority of the proposed changes are amendments to the internal layout and fitout of the building. As a modification of minor environmental impact, no advertising or notification is required.

· The development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted, with some changes proposed to the internal layout. The consent granted in 2007 permitted internal renovations and alterations within and generally throughout the building, and relates generally to the same categories of changes to the building as is currently contained in the proposed modification and within generally the same area as the proposed modification. There is a later development consent (DA 374/2012) for very minor internal changes to the building (the installation of a bi-fold door system and new entry doors), but this later consent does not alter the use or the overall configuration of the building. It is appropriate and relevant to base the proposed modification of consent on the 2007 approval.

· The proposed modification is of minor nature and is not considered to be advertised development. No submissions have been received in relation to the proposed modification.

Pursuant to section 4.55(3) of the EPAA 1979:

In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application.

The relevant matters are considered below.

Land & Environment Court Case Law – retrospectivity of consent

Windy Dropdown Pty Ltd v Warringah Council

This was a decision of Talbot J in the LEC. Justice Talbot held that the provisions of s.102 [see now s.4.55] of the EPA Act could be used to modify a development consent where the works the subject of the modification application had already been carried out.

Willoughby City Council v Dasco Design and Construction Pty Ltd

This was a decision from Justice Bignold J in the LEC. His Honour Bignold held that he agreed with Talbot J's conclusion in Windy Dropdown that the power of modification is available even in a case where the relevant works have already been carried out; and referred to the decision of Handley JA in Tynan v Meharg [No 2], stating that he (Bignold J) did not think that Handley JA's reference to Herbert could be taken as a clear and deliberate endorsement of the actual decision in Herbert holding that the statutory modification power was not available in a case where the works had already been carried out.

Austcorp No 459 Pty Ltd v Baulkham Hills SC [2002] NSWLEC 90 (7 June 2002)

The Court held that section 96 (now referred to as section 4.55) of the Environmental Planning and Assessment Act 1979 (the EPA Act) can operate retrospectively for work that has already been carried out not in accordance with a consent. Austcorp No. 459 relied on the findings of Windy Dropdown Pty Ltd v Warringah Council [2000] NSWLEC 240 where Talbot J held that “the broad construction of s 96 [now section 4.55] leads to a practical result that enables a consent authority to deal with unexpected contingencies as they arise during the course of construction of development or even subsequently, provided of course that the development to which the consent as modified relates is substantially the same development” (Talbot’s emphasis). His Honour stated [at 27] “the language of section 96 … itself does not mandate against retrospective development”. His Honour subsequently approved the development on its merits.

The combined weight of Windy Dropdown, Dasco Design and Construction and Austcorp 459 Pty Ltd is such that there can no longer be any doubt about the power of a consent authority in NSW to modify a development consent, even where the relevant works have already been carried out.

In summary, the above commentary indicates that works that have been undertaken for which no prior consent exists but these unapproved works, if considered a modification of consent, can be rendered lawful under this modification on the basis that the works are substantially the same as the original consent. Council staff are satisfied that the application to modify the consent (including the works that have already commenced) is substantially the same development as the development approved in 2007.

Whether Council wishes to pursue the applicant for the works illegally completed is a separate matter to the assessment of the application itself. Carrying out works without the necessary prior approvals might set an undesirable precedent, and Council may wish to take separate punitive action to deter this behaviour. However, the issue of precedence and good governance has no relevance or correlation to the assessment of the modification itself.

The relevant precedents set out in in the abovementioned case law apply only to Section 4.55 modifications of consent. They do not apply to construction certificates or full development applications. The general prohibition placed on retrospective consents continues to apply to these various approvals; for already completed works. Council cannot issue a determination for a completely separate development application, neither can it issue a retrospective construction certificate. The Council must still be provided with sufficient information as to be able to address clauses 92, 93 and 94 of the EP&A Regulations, which are mandatory provisions relating to the building suitability for purpose (in general). It is for this reason that full BCA compliance reports and Food Act compliance details that would normally be submitted as part of a waste management plan were required to be submitted with the application.

Section 4.15

Section 4.15 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 s4.15(1)(a)(i)

The parent application (DA 41/2007(1)) was assessed and determined under the provisions of a previously applicable EPI (being LEP 2000). Fundamentally, under LEP 2000, the parent application was permissible, whereas under the provisions of LEP 2011, the parent application would be prohibited. As a modification of consent, the parent application is considered to be an existing use pursuant to Division 4.11 of the Act.

Section 4.65 sets out the definition of an existing use:

(a) the use of a building, work or land for a lawful purpose immediately before the coming into force of an environmental planning instrument which would, but for this Division, have the effect of prohibiting that use, and

(b) the use of a building, work or land:

(i) for which development consent was granted before the commencement of a provision of an environmental planning instrument having the effect of prohibiting the use, and

(ii) that has been carried out, within one year after the date on which that provision commenced, in accordance with the terms of the consent and to such an extent as to ensure (apart from that provision) that the development consent would not lapse.

Section 4.66 sets out the provisions with respect to the continuation of an existing use:

(1) Except where expressly provided in this Act, nothing in this Act or an environmental planning instrument prevents the continuance of an existing use.

(2) Nothing in subsection (1) authorises:

(a) any alteration or extension to or rebuilding of a building or work, or

(b) any increase in the area of the use made of a building, work or land from the area actually physically and lawfully used immediately before the coming into operation of the instrument therein mentioned, or

(c) without affecting paragraph (a) or (b), any enlargement or expansion or intensification of an existing use, or

(d) the continuance of the use therein mentioned in breach of any consent in force under this Act in relation to that use or any condition imposed or applicable to that consent or in breach of any condition referred to in section 4.17 (1) (b), or

(e) the continuance of the use therein mentioned where that use is abandoned.

(3) Without limiting the generality of subsection (2) (e), a use is to be presumed, unless the contrary is established, to be abandoned if it ceases to be actually so used for a continuous period of 12 months.

The EPA Regulations contain provisions with respect to changes that can be made to an existing use. Clause 41 of the Regulations sets out the provisions whereby alterations, expansions and renovations to buildings containing an existing use may be undertaken. The proposed modification falls within the ambit of those restrictions.

Clause 44 of the regulations sets out more specific provisions relating to applications to rebuild buildings and works that contain an existing use.

(1) Development consent is required for any rebuilding of a building or work used for an existing use.

(2) The rebuilding:

(a) must be for the existing use of the building or work and for no other use, and

(b) must be carried out only on the land on which the building or work was erected or carried out immediately before the relevant date.

The application suitably demonstrates that the proposed modification of consent is consistent with the provisions of clause 44.

Orange Local Environmental Plan 2011

Insofar as it can be lawfully applied, the following assessment against the provisions of the LEP is provided:

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,

(c) to conserve and enhance the water resources on which Orange depends, particularly water supply catchments,

(d) to manage rural land as an environmental resource that provides economic and social benefits for Orange,

(e) to provide a range of housing choices in planned urban and rural locations to meet population growth,

(f) to recognise and manage valued environmental heritage, landscape and scenic features of Orange.

With regard to (a), the proposed modification of consent, once carried through, would not have any measurable impact on the existing character of the locality.

With regard to (b), the proposed modification has no measurable impact.

The changes contained in the modification will not significantly affect water supply and will have no impact on water supply catchments, as set out in subclause (c).

Subclause (d) is not relevant to this application.

With regard to (e), there is no impact with respect to the provision of housing within the City.

With regard to (f), it is noted that the subject land is not a listed heritage item itself, and no substantial changes to the external façade are proposed under the application to modify the consent.

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 1.7 - Mapping

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

Land Zoning Map:	Land zoned B6 Enterprise Corridor
Lot Size Map:	No Minimum Lot Size
Heritage Map:	Not a heritage item or conservation area
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	Low biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Groundwater 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 within a flood planning area (however see notes in report)

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

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 is aware that the subject site is affected by drainage easement that traverses the site. Council staff are not aware of the title of the subject property being affected by any other of the above.

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones and Clause 2.3 - Zone Objectives and Land Use Table

The parent use to which the proposed modification relates was a “hotel” as defined under the previous LEP 2000. The land use was defined under that EPI as:

“a building or place which is licensed for the principal purpose of selling alcohol for consumption on the premises, whether or not accommodation, restaurants or off-licence sales are also provided”.

“Hotel” is not a defined land use term under Orange LEP 2011, however the provisions of Section 4.11 of the Act and clause 44 of the EPA Regulations provide the circumstances where an existing use such as is currently being assessed may be altered or rebuilt. The proposed modification of consent does not result in the land use substantially changing. It is (and will be) substantially a “hotel” as provided for under LEP 2000, and complies with the overriding clauses of the Act and Regulations; and therefore should be viewed as permissible by reason of the existing use provisions.

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. These objectives for land zoned B6 enterprise Corridor are as follows:

1 - Objectives of the B6 Enterprise Corridor Zone

· To promote businesses along main roads and to encourage a mix of compatible uses.

· To provide a range of employment uses (including business, office, retail and light industrial uses).

· To maintain the economic strength of centres by limiting retailing activity.

· To provide for residential uses, but only as part of a mixed use development

It is considered that, notwithstanding the land use being an existing use, that general conformity to the zone objectives of OLEP 2011 is achieved under the proposed modification of consent.

Clause 2.7 - Demolition Requires Development Consent

This clause triggers the need for development consent in relation to demolition of a building. This requirement does not apply to any demolition that is defined as exempt development. The demolition works contained in the proposal are beyond the scope permitted without consent under State Environmental Planning Policy – Exempt and complying Development.

The applicant is seeking the consent of Council. The demolition works proposed will have no significant impact on adjoining lands, streetscape or public realm.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 7 - Additional Local Provisions

7.2 - Flood Planning

This clause applies to land identified on the Flood Planning Map as a Flood Planning Area and requires that, before any consent is issued, Council must be satisfied that the proposal:

(a) is compatible with the flood hazard of the land, and

(b) is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c) incorporates appropriate measures to manage risk to life from flood, and

(d) is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

The subject property is not located within a flood planning area of the LEP, however under a separate non-statutory flood study completed by Council, the subject property is affected by an overland flowpath as indicated in the following mapping layer:

Figure 2 - overland flowpath affectation

The proposed modification would have no additional adverse effect on the operation of this flood way.

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) is applicable. Pursuant to Clause 7 Contamination and remediation to be considered in determining development application:

(1) A consent authority must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated, and

(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

The subject property has a long history of uses that are considered unlikely to have caused contamination problems. Further, the proposed modification does not propose any significant levels of site disturbance. The building was last renovated in 2007, making it unlikely that asbestos remains in the building.

As such, the risks from contamination are considered to be very low.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION 4.15(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 s4.15(1)(a)(iii)

Development Control Plan 2004

Development Control Plan 2004 (“the DCP”) is nominally applicable to the site. However, there are no aspects of the development as modified that generate issues different, or more intense to the assessment carried out against the original parent application in 2007. As no significant change arises from the development as modified, no additional assessment under the DCP is considered necessary. Chapter 15 of the DCP relates to off street parking arrangements. The applicants have suitably demonstrated that there is adequate parking available of the subject site.

Chapter 0 of the DCP contains transitional arrangements including zone conversion equivalents between LEP 2000 and OLEP 2011. The equivalent of the 3(b) Business Services zone that applied to the site at the time of the original assessment (under LEP 2000) includes the B6 Enterprise Corridor zone under OLEP 2011. The proposed development is not inconsistent with any provisions contained within the DCP.

PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15(1)(a)(iv)

Demolition of a Building (clause 92)

The proposal involves the demolition of parts of the interior of the building.

Clause 92 specifies that where a development application involves demolition, such demolition is to be carried out in accordance with Australian Standard AS2601 - 1991: The Demolition of Structures. In this case, the applicant has submitted information establishing that the demolition work that has been carried out has been undertaken in accordance with AS2601.

Fire Safety Considerations (clause 93)

The applicant has included a supporting report indicating that the building as now modified complies with the fire safety standards contained in the BCA. A recommended condition of consent has been recommended to require compliance with the BCA Report submitted as part of this application.

Buildings to be Upgraded (clause 94)

Upgrading of the building has already been undertaken. A report has been submitted by the applicant, prepared by a suitably qualified person, that certifies that the building is compliant with the relevant BCA standards, taking into account the unauthorised work already completed for the building.

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development.

THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15(1)(b)

The development as modified if approved would not generate any significant adverse impacts.

The way in which the alterations have occurred has the potential to generate an undesirable precedent. Works carried out without consent having been obtained cannot be retrospectively approved, except when some very specific processes or circumstances arise. A consent issued that does not conform to those very specific circumstances could risk being an invalid consent. In this case, whilst the work is clearly unlawful to the extent that it was carried out without the necessary consent, it is considered that a retrospective modification of consent can be granted in this case.

Council cannot grant consent to a construction certificate application for the works already carried out.

THE SUITABILITY OF THE SITE s4.15(1)(c)

The site is considered suitable for the purpose to which the building relates.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15(1)(d)

The proposed development is not defined as advertised development under the provisions of the LEP, and as such no formal exhibition of the application was required. No submissions have been received in relation to this application.

PUBLIC INTEREST s4.15(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 enabled by the overarching permissibility contained in the existing use provisions of the Act and Regulations. The outcomes arising from the development are not inconsistent with any relevant policy statements, planning studies, guidelines etc. that have been considered in this assessment.

SUMMARY

The development as modified is permissible with the consent of Council by reason of the existing use provisions of the Act and Regulations. These provisions have the effect of overruling the LEP, where the LEP would otherwise prohibit the development. Further the modification can be approved retrospectively, based on the principals set down in Windy Dropdown Pty Ltd v Warringah Council, Willoughby City Council v Dasco Design and Construction Pty Ltd and Austcorp No 459 Pty Ltd v Baulkham Hills SC [2002] NSWLEC 90 (7 June 2002)

The applicant has adequately demonstrated that the proposed development complies with the relevant aims, objectives, and provisions of LEP 2000 and OLEP 2011. There are no issues arising with respect to Council’s DCP 2004. The modification is consistent with the provisions of Section 4.55(1A) of the Environmental Planning and Assessment Act 1979. A Section 4.15 assessment indicates that the proposed development as modified is satisfactory.

COMMENTS

The requirements of the Environmental Health and Building Surveyor and the Engineering Development Section are included in the attached amended Notice of Approval.

Attachments

1 Modified Notice of Approval, D18/61878 ⇩

2 Plans, D18/61856 ⇩

Council Meeting 20 November 2018

5.5 Development Application DA 41/2007(2) - 84 Glenroi Avenue

Attachment 1 Modified Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 41/2007(2)

NA18/ Container PR4698

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

(AS MODIFIED)

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Ophir Tavern Business Pty Ltd
Applicant Address:	C/- 84 Glenroi Avenue ORANGE NSW 2800
Owner’s Name:	Ophir Tavern Land Pty Ltd
Land to Be Developed:	Lot 3 DP 630463 - 84 Glenroi Avenue, Orange
Proposed Development:	Hotel (additions and alterations to existing)

Building Code of Australia building classification:	Class 6 and Class 9b

Determination made under Section 4.16
Made On:	20 November 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	8 March 2007
Consent to Lapse On:	8 March 2012

Terms of Approval

The reasons for the imposition of conditions are:

(1) To ensure compliance with relevant statutory requirements.

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

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

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

Conditions

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

(a) Plan/s numbered 041-A01; 041-A02

Amending plans: site plans undated (2 Sheets); plans By Darren Mann Design dated September 2018 - Project Number 1810 - sheets SK01 and 02 Rev B, SK03 and SK04 (Rev A) (4 Sheets)

(b) Building Code of Australia Compliance Report by McKenzie Group Rev A dated October 2018, Fire Safety Schedule by Wheeler Industries dated 19/10/2018, 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

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

(2) 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

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(1) 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 on site.

(2) A list which details the Fire Safety Measures that are existing within the building premises and those which are proposed, shall be submitted to the Certifying Authority with the Construction Certificate application, in accordance with Part 9 Clause 168 of the Environmental Planning and Assessment Regulation 2000. Note: A Construction Certificate cannot be issued until a list of fire safety measures is received.

(3) Prior to the issuing of the Construction Certificate, the applicant is to submit details of the protective hoardings, fences and lighting that are to be provided during demolition, excavation and building works, in accordance with the requirements of the Occupational Health & Safety Act 2000, Australian Standard AS3798-1996 (Guidelines on Earthworks for Commercial and Residential Developments) and the WorkCover Authority.

(4) The development is to be provided with access and facilities for people with disabilities in accordance with Part 3 of the Building Code of Australia, Australian Standard 1428.1:2001 - Design for Access and Mobility: General Requirements for Access – New Building Work.

(5) A minimum of one car space is to be provided for the vehicle of people with disabilities in all new or refurbished buildings that provide between 10 to 50 car parking spaces;, two spaces are required for those buildings that provide between 50 and 100 car parking spaces. The car spaces are to be identified and reserved at all times and to be in the vicinity of a lift or located as close as possible to public areas and facilities. The car spaces are to at least have the minimum dimensions and headroom specified in Australian Standard AS/NZS 2890.1:2004.

(6) Prior to the issuing of the Construction Certificate, the applicant is to contact NSW Health so as to determine if the proposal complies with the requirements of the guidelines of the Smoke-free Environment Amendment (Enclosed Place) Regulation 2006

(7) Arrange for a suitably qualified consultant to evaluate the sizing of the existing fire main and water service. The existing services may not be adequate to accommodate the required or future expansion of facilities and fire hose reels. The design proposal and required upgrade report is to be submitted to Council for its consideration and approval.

PRIOR TO WORKS COMMENCING

(1) Due to the construction in close proximity to the public footpath, the applicant is to provide public liability and public risk insurance cover for a minimum of $10,000,000, endorsed to cover Council for its respective rights and interests. Evidence of valid insurance cover must be submitted to Council prior to works commencing.

DURING CONSTRUCTION/SITEWORKS

(1) Any relocation of water, sewer, stormwater, gas or electricity services is to be carried out by suitably licensed tradespersons.

(2) 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 on Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

(3) Where Orange City Council is appointed as the Principal Certifying Authority, the following inspections will be required to be carried out by Council:

· at commencement of building work

· footings excavation

· external sewer/sanitary drainage

· final inspection

Should any of the above mandatory inspections not be carried out by Council an Occupation Certificate will not be issued on the completed structure.

(4) All plumbing and drainage (water supply, sanitary plumbing and drainage, stormwater drainage) is to comply with the Local Government (General) Regulation 2005, the NSW Code of Practice – Plumbing & Drainage and Australian Standard AS3500 - National Plumbing and Drainage Code. Such work is to be installed by a licensed plumber and is to be inspected and approved by Council prior to concealment.

(5) The inspection openings on the existing private sewer lines located under the proposed deck are to be located and raised to the underside of the deck, with access hatches provided in the decking so as to provide access for maintenance.

(6) Permission is granted for the establishment of a construction zone in a public place in which motor vehicles may stand in accordance, subject to the following conditions:

(a) Whist it is actually engaged in taking up or setting down goods for the site, a commercial vehicle (ie. A utility or van) is permitted to park in the construction zone.

(b) Clearly marked signs and arrows are to be erected indicating the extent of the construction zone.

(c) The construction zone is to only operate between the hours of 7.00 am and 5.00 pm Monday to Friday and 8.00 am to 4.00 pm on weekends.

(7) All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

(8) All materials stored onsite are to be stored out of view or in such a manner so as not to cause unsightliness when viewed from nearby lands or roadways.

(9) Consent given to build in close proximity to the allotment boundary is in no way to be construed as permission to build on, or encroach over, the allotment boundary. Your attention is directed to the provisions of the Dividing Fences Act, which gives certain rights to adjoining owners, including use of the common boundary. In the absence of the structure standing well clear of the common boundary, it is recommended that you make yourself aware of your legal position. This may necessitate a survey to identify the allotment boundary.

(10) In the event of any damage being caused to the existing kerb, guttering, footpath, water mains, sewer mains or public roadway during demolition works, the applicant is to reimburse the Council for the full cost of repairing and making good. Any temporary crossover material must not remain in the street gutter.

(11) No obstruction is to be caused to pedestrian use of Council's footpath or to vehicular use of any public roadway during construction.

(12) The public footways and roadways adjacent to the site are to be maintained in a safe condition at all times during the course of the work.

(13) The existing fire main, water service and meter are to be relocated clear of the proposed construction.

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

(15) 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.

(16) The timber deck shall be constructed to allow the flow of surface stormwater under the structure and to the kerb and gutter in Glenroi Avenue.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(1) Landscaping forward of the proposed deck shall be carried out in accordance with the approved plan and permanently maintained to the satisfaction of the Manager Development Assessments.

(2) 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.

(3) 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.

(4) Council is to be provided with a Fire Safety Upgrade Report prepared by a suitably qualified Fire Safety Engineer. The report is to specify upgrade works proposed and time schedule, in order to bring the existing building into compliance with the Building Code of Australia, so as to adequately prevent the spread of fire and promote the safety of persons within the building in the event of fire.

(5) Council is to be provided with a written proposal, plans and a time schedule so as to increase the number of sanitary facilities (including facilities for females with disabilities) within the existing building.

(6) 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

(1) A separate development application shall be submitted to and approved by Council prior to the erection of any advertising structures or signs of a type that do not meet the exempt development provisions of Orange Local Environmental Plan 2000 (amended) and Development Control Plan 2004.

(2) The owner is required to provide to Council and to the NSW Fire Commissioner an annual Fire Safety Certificate in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

(3) The owner of the building shall make application and pay fees for the approval to use parts of the building as a Place of Public Entertainment.

(4) The ramp, stairs and retaining walls in the eastern beer garden area shall be designed and constructed to allow the flow of surface stormwater under the structures and to the surface water easement on Lot 7 DP 778409.

(5) A Liquid Trade Waste Application is to be submitted to Orange City Council. The application is to be in accordance with Orange City Council’s Liquid Trade Waste Policy. Engineering plans submitted as part of the application are to show details of all proposed liquid trade waste pre-treatment systems and their connection to sewer.

Where applicable, the applicant is to enter into a Liquid Trade Waste Service Agreement with Orange City Council in accordance with the Orange City Council Liquid Trade Waste Policy.

(6) Food Preparation areas and any associated food storage areas are to comply with the requirements of Australian Standard 4674-2004 “Design and Construction and Fitout of Food Premises” and Standard 3.2.3 “Food Premises and Equipment” of the Australian New Zealand Food Standards Code.

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 8.7 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court. Pursuant to Section 8.10, an applicant may only appeal within 6 months after the date the decision is notified.

*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 of the Conveyancing Act 1919* - 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:	21 November 2018

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Cr K Duffy
Absent	Nil

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, , Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Nil

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Cr M Previtera
Absent	Nil

Division of Voting
Voted For	Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr R Kidd (Mayor)

	31/10/2018	30/09/2018
General Fund	62,089,354.36	64,568,322.89
Water Fund	46,260,205.70	44,801,594.89
Sewer Fund	42,431,761.02	41,378,864.55
Total Funds	$150,781,321.08	$150,748,782.33

Externally Restricted	31/10/2018	30/09/2018
General Fund	27,260,022.52	27,262,916.08
Water Fund	46,260,205.70	44,801,594.89
Sewer Fund	42,431,761.02	41,378,864.55
Auspiced	1,899,415.05	1,899,415.05
Internally Restricted	15,290,448.08	12,290,448.08
Unrestricted	17,639,468.71	23,115,543.68
Total Funds	$150,781,321.08	$150,748,782.33

Term to Maturity Allocation	Maximum	Holding	Remaining Capacity
0 - 3 Months	100.00%	30.82%	69.18%
3 - 12 Months	100.00%	45.60%	54.40%
1 - 2 Years	70.00%	10.94%	59.06%
2 - 5 Years	50.00%	12.64%	37.36%
5+ Years	25.00%	0.00%	25.00%

Credit Rating	Maximum	Holding	Remaining Capacity	Value	Return on Investment
Bank Accounts	100.00%	6.05%	93.95%	$9,122,707.13	1.50%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	48.45%	51.55%	$73,058,613.95	2.75%
A	60.00%	19.70%	40.30%	$29,700,000.00	2.95%
BBB & NR	40.00%	25.80%	14.20%	$38,900,000.00	3.06%
Below BBB	0.00%	0.00%	0.00%	N/A	N/A

Required information	Current period
Total number of Code of Conduct complaints made about Councillors and the General Manager under the Code of Conduct since July 2018	3
Number of Code of Conduct complaints referred to a Conduct Reviewer	2
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints	1: No Evidence to Support Allegation 1: Allegation found to be substantiated and a resolution strategy proposed 1: Complaint withdrawn
Number of Code of Conduct complaints investigated by a Conduct Reviewer	2
Number of Code of Conduct complaints investigated by a Conduct Review Committee	0
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures	1: No Evidence to Support Allegation 1: Allegation found to be substantiated and a resolution strategy proposed 1: Complaint withdrawn
Number of matters reviewed by the Office of Local Government, and without identifying particular matters, the outcome of the reviews	1: Reprimand and publication of the determination
The total cost of dealing with Code of Conduct complaints made about Councillors and the General Manager in the year from 1 June 2018 to 30 November 2018, including staff costs.	$12,000 plus 20 hours staff time

13/11/2018	Budget: Preliminary Councillor Workshop (Priorities for 2019/20 Budget and Strategic Alignment)
11/12/2018	Budget: Closed Councillor Workshop (Review of Initial Priorities for Budget and Briefing on Budget projections)
07/02/2019	Budget: Closed Councillor Workshop (Finalisation of Initial Priorities and ½ year results)
9/04/2019	Budget: Presentation of First Draft of Budget to Council
16/04/2019	Budget: Final Draft Budget and IP&R docs presented to Council
17/04/2019	Budget: Exhibition and Community Consultation
4/06/2019	Budget: Report to Council on Community Consultation – Recommendation for Adoption of IP&R and Budget
5/06/2019	Budget: Adoption of Budget

Category	GST Ex	GST	Total
Dormitory overnight (per person)	$13.64	$1.36	$15.00
Dormitory per night more than 7 nights special rate*(per person)	$11.82	$1.18	$13.00
Camping overnight (per person)	$8.00	$0.80	$8.80
Camping per night more than 7 nights special rate*(per person)	$6.91	$0.69	$7.60
Day use (excluding showers) (more than 3.5 hours) (per person)	$3.18	$0.32	$3.50
Day use (including showers) (more than 3.5 hours) (per person)	$4.54	$0.46	$5.00
½ Day use (excluding showers) (less than 3.5 hours) (per person)	$1.82	$0.18	$2.00
½ Day use (including showers) (less than 3.5 hours) (per person)	$2.73	$0.27	$3.00
RV/Self-contained caravan (no power, no ablutions)	$5.00	$0.50	$5.50
RV Self-contained caravan (access to ablutions)	$8.00	$0.80	$8.80
Scouts Australia full site use (available 6 times a year)	$0.00	$0.00	$0.00
Non-local Scouts and Guides Use Local Scout and Guides Additional Use (above 6 times a year)	½ price of other groups
Orange City Council Use (no charge)	$0.00	$0.00	$0.00
Damage and cleaning costs	At cost plus 20% admin fee

Program	Adopted Budget	Actual/	Remaining
Program	Adopted Budget	committed	balance
General Donations ¹	$55,000.00	$55,000.00	$0.00
Wood and Heating Bank Vouchers	$5,000.00	$5,000.00	$0.00
Major Promotions ²	$45,500.00	$45,500.00	$0.00
Emergent Funding Quarter 1	$5,000.00	$5,000.00	$0.00
Emergent Funding Quarter 2	$5,000.00	$5,000.00	$0.00
Emergent Funding Quarter 3	$5,000.00	$5,000.00
Emergent Funding Quarter 4	$5,000.00	$1,202.03
Other Funding Sources		$4,680.00
Orange Harness Racing	$20,000.00	$20,000.00	$0.00
Waratah’s Sporting Club contribution	$96,354.00	$96,354.00	$0.00
Sports Participants Grants	$13,900.00	$4,641.00	$9,259.00
Sports Capital Improvement Grants	$50,000.00	$50,000.00	$0.00
TOTAL	$305,754.00	$297,377.03	$13,056.97

1	Applicant	Teach Learn Grow
	Not for Profit	Yes.
	Inaugural Rural Program to Glenroi Heights Public School · Volunteer tutors will be actively tutoring students to provide extra assistance in areas that children are struggling with in teacher-identified outcomes for mathematics. · Teach Learn Grown is a not-for-profit organisation. For this project, its volunteers will come into the community of Orange, will encourage positive lasting change for the students of Glenroi Heights Public School, as well as their families and the school community and will help to bridge the educational gap in rural and remote communities.
	Donation Request $1,930.00
	Policy Category General Donations - Miscellaneous - Projects. Category maximum is $2,000.00.
	Policy Status · The applicant is from Western Australia but has demonstrated that the project is for our Local Government Area. · The applicant is not a government entity. · Although, the tutoring is for only for three identified students, the applicant has stated that the effect is much wider - to the whole Glenroi Heights Primary School community and to their families. · It is considered that this application is eligible for consideration for a donation.

2	Applicant	Dallas George
	Not for Profit	Yes.
	AMAC (Australian Martial Arts Championships) Australian Karate Titles The applicant will be attending these Titles, which will be held in North Queensland in December 2018, as a member of the NSW AMAC Karate Squad.
	Donation Request $250.00
	Policy Category Sports Participant - Selected in a State Team.
	Policy Status · An individual can only have an entry in the AMAC Australian Titles if he/she is a member of a State team. · It is considered that this application is eligible for consideration for a donation.


Service Delivery	The in-kind elements of the campaign can be maintained within current staff resources.
Image and Reputation	The Evocities campaign creates positive content around regional city living.
Political	While the campaign has not always received funding support from the other tiers of government it does align with NSW objectives in initiatives such as the Central West and Orana Regional Plan 2036 and the Orange, Blayney and Cabonne Regional Economic Development Strategy 2018–2022 and is seen as a model for cross regional teamwork.
Stakeholders	While difficult to measure there are benefits in taking a collaborative approach to regional development.


Image and Reputation	The closures or partial closures of the Aquatic Centre over the past several months has negatively impacted on the users of the centre.