Ordinary Council Meeting

 

Agenda

 

20 November 2018

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 20 November 2018 commencing at 7.00pm.

 

 

Garry Styles

General Manager

 

For apologies please contact Administration on 6393 8218.

    

 


Council Meeting                                                                                    20 November 2018

Agenda

EVACUATION PROCEDURE

In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.

Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.

In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.

  

1                Introduction.. 4

1.1            Apologies and Leave of Absence. 4

1.2            Livestreaming and Recording. 4

1.3            Opening Prayer. 4

1.4            Acknowledgement of Country. 4

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

2                Mayoral Minutes. 4

Nil

3                Confirmation of Minutes of Previous Meeting.. 4

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 07 November 2018  6

4                Notices of Motion/Notices of Rescission.. 13

Nil

5                General Reports. 15

5.1            Recommendations and Resolutions from Policy Committees. 15

5.2            Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. 39

5.3            Statement of Investments - October 2018. 79

5.4            Development Application DA 318/2018(1) - proposed Department of Industry Building - 84 Dalton Street, Orange. 85

5.5            Development Application DA 41/2007(2) - 84 Glenroi Avenue. 247

5.6            Code of Conduct Complaint Reporting. 275

5.7            2019/20 Budget Timetable. 277

5.8            2018/19 Fees & Charges Amendments & Additions. 281

5.9            Requests for Financial Assistance. 285

5.10          Invitation to Join Regional Cities NSW... 327

5.11          Evocities MOU.. 339

5.12          Welcome to Summer Weekend - Orange Aquatic Centre. 363

5.13          Orange 360 Board - Orange City Council Delegates. 367

6                Closed Meeting - See Closed Agenda.. 371

6.1            Lachlan Valley Railway. 373

7                Resolutions from closed meeting.. 375

 


Council Meeting                                                                                    20 November 2018

1       Introduction

1.1     Apologies and Leave of Absence

1.2     LIVESTREAMING AND RECORDING

This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.

1.3     Opening Prayer

1.4     Acknowledgement of Country

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

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

The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.

As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.

Recommendation

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

2       Mayoral Minutes

Nil     

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 2018 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 7 November 2018.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 7 November 2018



ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 7 November 2018

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro (7.40pm), Cr S Nugent, Cr G Taylor (7.03pm), Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Manager Corporate and Community Relations, Works Manager, Manager Financial Services

 

1.1     APOLOGIES

 

RESOLVED - 18/488                                                                              Cr K Duffy/Cr J McRae

That the apologies be accepted for lateness from Cr Taylor and Cr Munro for the Council Meeting of Orange City Council on 7 November 2018.

1.2     LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

 

1.3     ACKNOWLEDGEMENT OF COUNTRY

 

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

Cr J McRae declared a less than significant non-pecuniary interest in Item 4.1 (Notice of Motion – Storage Needs of Service Clubs) as Cr McRae is a member of Rotary Club of Orange Daybreak.

Cr R Kidd declared a less than significant non-pecuniary interest in Item 2.4 of the Planning and Development Committee (DA 335/2018(1) – 185-193 Bathurst Road) as Cr Kidd is a friend of the applicant).

 

2       Mayoral Minutes

Nil 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.03PM

 

OPEN FORUM 

Mark Pearson – Animal Justice Council

Mr Pearson spoke on the objection of the Animal Justice Council on the use of exotic animals in circus’ on Council land.

PDC - Item 2.2 – DA 405/2017(2) – 241 Ploughmans Lane

Mr Steve Adams

Mr Adams spoke in support of the Council Administration recommendation to vary the hours of operation.

Mr Kenan Milham

Mr Milham spoke in support of the Council Administration recommendation to vary the hours of operation.

Ms Alison Nelson

Ms Nelson spoke in support of the Council Administration recommendation to vary the hours of operation.

Ms Michelle Blowes

Ms Blowes spoke in support of the Council Administration recommendation to vary the hours of operation.

Mr Paul Owens

Mr Owens spoke in support of the Council Administration recommendation to vary the hours of operation.

PDC - Item 2.3 – DA 33/2018(1) – 4613 Mitchell Highway, Lucknow

Mr Peter Campbell

Mr Campbell spoke on his objection to the development application.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.34PM


 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 18/489                                                                        Cr J Hamling/Cr S Nugent

That the Minutes of the Ordinary Meeting of Orange City Council held on 16 October 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 Council meeting held on 16 October 2018.

 

RESOLVED - 18/490                                                                    Cr S Nugent/Cr M Previtera

That the Minutes of the Extraordinary Meeting of Orange City Council held on 17 October 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 Council meeting held on 17 October 2018.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.35PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.25PM

4       Notices of Motion/Notices of Rescission

4.1     Notice of Motion - Storage Needs of Service Clubs

TRIM Reference:        2018/2668

Cr J McRae declared a less than significant non-pecuniary interest in this item as Cr McRae is a member of Rotary Club of Orange Daybreak.

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.

 

 

4.2     Notice of Motion - Temporary Parking Permits for Organisations Doing Fundraising

TRIM Reference:        2018/2689

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.

 

 

 

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.

 

 

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

 


 

5       General Reports

5.1     Statement of Investments - September 2018

TRIM Reference:        2018/2505

RESOLVED - 18/514                                                                         Cr J Whitton/Cr S Munro

That Council resolves:

1        To note the Statement of Investments as at 30 September 2018.

2        To adopt the certification of the Responsible Accounting Officer.

 

 

5.2     Quarterly Budget Review and Performance Indicators

TRIM Reference:        2018/2631

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.

 

 

QUESTION TAKEN ON NOTICE

Cr Turner requested a report on the Canobolas Scout Camp facility and how Council can upgrade the facility – CCTV cameras and inspections.

 

 

5.3     Appointment of Native Title Managers

TRIM Reference:        2018/2695

RESOLVED - 18/516                                                                       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.

 

 


 

6       Closed Meeting

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

In response to a question from the Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.

The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.

Recommendation

That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

6.1     General Manager's Performance Appraisal (Restricted)

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals (other than councillors)..

6.2     Invitation to participate in group legal proceedings (Strictly Confidential and Privileged)

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

     

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.50pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.58pm.


 

 

7       Resolutions from Closed Meeting

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

6.1     General Manager's Performance Appraisal (Restricted)

TRIM Reference:        2018/2641

RESOLVED - 18/517                                                                        Cr S Nugent/Cr J Whitton

That the completion of the General Manager’s performance appraisal be noted.

 

 

6.2     Invitation to participate in group legal proceedings (Strictly Confidential and Privileged)

TRIM Reference:        2018/2726

RESOLVED - 18/518                                                                            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.

 

 

 

The Meeting Closed at 10.00pm

 

This is Page Number 7 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 2018.

  


Council Meeting                                                                                    20 November 2018

 

 

4       Notices of Motion/Notices of Rescission

Nil


Council Meeting                                                                                    20 November 2018

 

 

5       General Reports

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 3rd 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

  


Planning and Development Committee                                       20 November 2018

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 1      PDC 7 November 2018 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Planning and Development Committee

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

ON 7 November 2018

COMMENCING AT 7.35pm


 1      Introduction

Attendance

Cr R Turner (Chairperson), Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro (7.40pm), Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Manager Corporate and Community Relations, Works Manager, Manager Financial Services, Administration Trainee

 

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

Cr R Kidd declared a less than significant non-pecuniary interest in Item 2.4 DA 335/2018(1) – 185-193 Bathurst Road as Cr Kidd is a friend of the applicant.

 

2       General Reports

2.1     Items Approved Under the Delegated Authority of Council

TRIM Reference:        2018/2445

RESOLVED - 18/491                                                                           Cr J Whitton/Cr K Duffy

That Council resolves to acknowledge the information provided in the report by the Manager Development Assessments on Items  Approved Under the Delegated Authority of Council.

 

 


 

 

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

TRIM Reference:        2018/2720

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.

 

** Cr Munro arrived at the meeting with the time being 7.40pm**

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

 

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

TRIM Reference:        2018/2630

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 with the RMS has taken place.

 

 

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

 


 

 

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

TRIM Reference:        2018/2674

Cr R Kidd declared a less than significant non-pecuniary interest in this item as Cr Kidd is a friend of the applicant, left the Chamber, and did not participate in the voting or debate on this item.

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.

 

 

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)

 

 

The Meeting Closed at 8.02pm.


Employment and Economic Development Policy Committee 20 November 2018

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 2      EEDPC 7 November 2018 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Employment and Economic Development Policy Committee

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

ON 7 November 2018

COMMENCING AT 8.05pm


 1      Introduction

Attendance

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

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Manager Corporate and Community Relations, Works Manager, Manager Financial Services, Administration Trainee

 

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

Nil

2       Committee Minutes

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

TRIM Reference:        2018/2471

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.

 

 

 The Meeting Closed at 8.10PM


Infrastructure Policy Committee                                                  20 November 2018

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 3      IPC 7 November 2018 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Infrastructure Policy Committee

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

ON 7 November 2018

COMMENCING AT 8.10pm


 1      Introduction

Attendance

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

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Manager Corporate and Community Relations, Works Manager, Manager Financial Services, Administration Trainee

 

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

Nil 

 

2       Committee Minutes

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

TRIM Reference:        2018/2559

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.

 

 


 

 

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

TRIM Reference:        2018/2595

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.

 

 

3       General Reports

3.1     Current Works

TRIM Reference:        2018/2644

RESOLVED - 18/498                                                                              Cr R Kidd/Cr S Nugent

That Council resolves to acknowledge the information provided in the report on Current Works.

 

 

 QUESTION TAKEN ON NOTICE

Cr Duffy requested that a report be provided on the current state of water hydrants.

 

Cr Duffy asked if the General Manager could provide a list of funding support Bathurst and Dubbo have received over the past few years.

 

Cr Munro asked if Council can implement a program to clean up the Northern Distributor Road.

 

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. 

 

The Meeting Closed at 8.30pm.


Sport and Recreation Policy Committee                                     20 November 2018

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 4      SRPC 7 November 2018 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Sport and Recreation Policy Committee

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

ON 7 November 2018

COMMENCING AT 8.30pm


 1      Introduction

Attendance

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

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Manager Corporate and Community Relations, Works Manager, Manager Financial Services, Administration Trainee

 

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

Nil


 

2       Committee Minutes

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

TRIM Reference:        2018/2622

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 3rd 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

TRIM Reference:        2018/2510

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.

 

3       General Reports

3.1     Olympic Archery Requirements

TRIM Reference:        2018/2377

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.

 

 


 

 

 

QUESTION TAKEN ON NOTICE

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.

 

Cr Munro asked if Council could receive a report on the steps being undertaken to protect lesser known Aboriginal artefacts at Mt Canobolas.

 

RESOLVED - 18/502                                                                               Cr R Kidd/Cr S Munro

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

 

 

QUESTION TAKEN ON NOTICE

Cr Mileto requested Council receive a report on the feasibility of replacing red oak trees that were stolen from Spring Hill recently.

 

 

 The Meeting Closed at 8.55PM.


Environmental Sustainability Policy Committee                     20 November 2018

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 5      ESPC 7 November 2018 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Environmental Sustainability Policy Committee

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

ON 7 November 2018

COMMENCING AT 8.55pm


 1      Introduction

Attendance

Cr M Previtera (Chairperson), 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

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Manager Corporate and Community Relations, Works Manager, Manager Financial Services, Administration Trainee

 

 

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

Nil

 

2       Committee Minutes

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

TRIM Reference:        2018/2693

RESOLVED - 18/503                                                                              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.

 

 


 

 

3       General Reports

3.1     Renewable Energy Initiative

TRIM Reference:        2018/1793

RESOLVED - 18/504                                                                              Cr R Kidd/Cr S Nugent

That Council note the report by the Director Development Services on progress of a renewable project.

 

 

QUESTIONS TAKEN ON NOTICE

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. 

 

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.

 

Cr Taylor requested Council look at the dead trees on Bundarra Place.

 

The Meeting Closed at 9.10pm.


Finance Policy Committee                                                                 20 November 2018

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 6      FPC 7 November 2018 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Finance Policy Committee

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

ON 7 November 2018

COMMENCING AT 9.07pm


 1      Introduction

Attendance

Cr J McRae (Chairperson), 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

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Manager Corporate and Community Relations, Works Manager, Manager Financial Services, Administration Trainee

 

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

Nil 


 

2       General Reports

2.1     Requests for Financial Assistance

TRIM Reference:        2018/2633

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.

 

 

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.

 

** Cr Munro requested that his name be recorded as having voted against this decision of Council. **

 

 

The Meeting Closed at 9.16PM.


Services Policy Committee                                                                20 November 2018

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 7      SPC 7 November 2018 Minutes


ORANGE CITY COUNCIL

MINUTES OF THE

Services Policy Committee

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

ON 7 November 2018

COMMENCING AT 9.17pm


 1      Introduction

Attendance

Cr S Nugent (Chairperson), 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 M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Manager Corporate and Community Relations, Works Manager, Manager Financial Services, Administration Trainee

 

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

Nil

2       Committee Minutes

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

TRIM Reference:        2018/2449

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.

 

 


 

 

RESOLVED - 18/508                                                                              Cr S Nugent/Cr R Kidd

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

 

 

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

TRIM Reference:        2018/2673

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.

 

 

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

TRIM Reference:        2018/2623

RESOLVED - 18/510                                                                         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.

 

 

 The Meeting Closed at 9.24PM .


Council Meeting                                                                                    20 November 2018

 

 

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

TRIM REFERENCE:        2018/2763

AUTHOR:                       Samantha Freeman, Manager Corporate Governance     

 

 

EXECUTIVE Summary

Council previously received separate reports for Questions Taken on Notice, progress of Councillor Notices of Motions, and outstanding Council Resolutions. A list of updates on each of these are now provided together. Only matters requiring action to be taken are noted in this report including outstanding items from the start of the Council term. After completion, these items will be removed from this listing, however will be available for administrative purposes.

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 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.

 

further considerations

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

SUPPORTING INFORMATION

Attached is a listing of tasks requiring action or follow up by Council staff from the commencement of the Council term. This list identifies progress on decisions of Council, including Councillor Notices of Motion and Questions Taken on Notice. Upon completion, items will be noted as such and removed after production to Council.

 

Attachments

1          Resolutions from Council Meetings (including Questions Taken on Notice and Notices of Motions) - Summary, 2018/1041

  


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 3rd 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

 

 

5.3     Statement of Investments - October 2018

TRIM REFERENCE:        2018/2787

AUTHOR:                       Brock Gannon, Financial Accounting Officer    

 

 

EXECUTIVE Summary

The purpose of this report is to provide a statement of Council’s investments held as at 31 October 2018.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “17.2 Collaborate - Ensure financial stability and support efficient ongoing operation”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves:

1        To note the Statement of Investments as at 31 October 2018.

2        To adopt the certification of the Responsible Accounting Officer.

 

 

further considerations

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

SUPPORTING INFORMATION

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

As at 31 October 2018, the investments held by Council in each fund is shown below:

 

 

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

 

 

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

 

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

 

The unrestricted cash position movements during the month are normal as projects commence and income is received. Movements may also arise following processing of income received between funds or into restricted assets to appropriately allocate for the purposes Council has determined.

 

 

 

 

 

 

 

Portfolio Advice

Council utilises the services of an independent investment advisor in maintaining its portfolio of investments. Council’s current investment advisor is Imperium Markets, an independent asset consultant that works with wholesale investors to develop, implement and manage their investment portfolio. Imperium Markets is a leading provider of independent investment consulting services to a broad range of institutional investors including government agencies, superannuation funds and not-for-profit organisations.

Imperium Markets major services provided to Council include:

·    Quarterly portfolio summary reports

·    Advice on investment opportunities, in particular Floating Rate Note products

·    Advice on policy construction

·    Year-end market values for Floating Note Rate products held by Council.

 

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 October 2018 remained at 1.50 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.87 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 1.50 per cent plus 0.75 per cent (or 75 basis points).

 

 

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 October 2018, the AusBond rate was 2.09 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.87 per cent.

 

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

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

Table 1 shows the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each term to maturity allocation in accordance with limits established by Council’s Policy.

 

Table 1: Maturity – Term Limits

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%

 

Table 2 shows the total amount held, and the weighted average interest rate (or return on investment), by credit rating. The credit rating is an independent opinion of the capability and willingness of a financial institution to repay its debts, or in other words, the providers’ financial strength or creditworthiness. The rating is typically calculated as the likelihood of a failure occurring over a given period, with the higher rating (AAA) being superior due to having a lower chance of default. However, it is generally accepted that this lower risk will be accompanied by a lower return on investment.

Table 2 demonstrates that Council receives a lower return for its AA rated investments than for those with ratings of A or less. The level of money held in the bank accounts has been added to the table to illustrate the ability of Council to cover the operational liabilities that typically occur (for example payroll, materials and contracts, utilities).

 

Table 2: Credit Rating Limits

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

Certification by Responsible Accounting Officer

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

 

  


Council Meeting                                                                                    20 November 2018

 

 

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

RECORD NUMBER:       2018/2779

AUTHOR:                       David Waddell, Director Development Services    

 

 

EXECUTIVE Summary

Council received a development application for part redevelopment of the former Orange Base Hospital site for the purposes of a Public Administration Building and Commercial Premises. Given the capital investment value of the proposed development, the consent authority for the development is the Western Joint Regional Planning Panel (Western JRPP). Council commissioned Keylan Consulting Pty Ltd to carry out an independent assessment of the above described development application given that Council has an ownership interest in the land. The assessment report, draft Notice of Determination, plans and submissions are attached for Council’s reference.

The purpose of this report is to make Council aware that the abovementioned development application is being tabled for the determination of the Western JRPP and to make the recommendation that the report be acknowledged. The report also specifies the protocols to be followed should Council wish to provide a written submission relating to the attached report to the Western JRPP.

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:

1        That the information contained in the report by Keylan Consulting for development application DA 318/2018(1) - proposed Department of Industry Building - 84 Dalton Street, Orange be acknowledged.

2        That Council determine whether or not it makes a submission upon this application to the Western Joint Regional Planning Panel.

 

 


 

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

Reference is made to the abovementioned development application. The project involves the construction of commercial premises and public administration facility on part of the former Orange Base Hospital site, comprising:

·    a four-storey building with a total gross floor area (GFA) of 8,500 m²;

·    commercial and public administration uses on the upper floors of the building;

·    ancillary retail uses at the ground floor level (café, restaurant);

·    a total of 393 car parking spaces provided at basement level, at-grade and within a separate multi-level car parking facility;

·    end of trip facilities;

·    site landscaping and fencing; and

·    associated plant facilities.

The project is expected to generate in the order of 130 full-time equivalent jobs during construction and accommodate 650 full-time equivalent jobs during operation. The building is proposed to be tenanted by the NSW Department of Industry, which is expected to relocate from its existing office premises at Kite Street in Orange.

The Western JRPP is the relevant consent authority for the application given the capital investment value of the development. Given Council’s interest with respect to ownership of the land, Council engaged the services of Keylan Consulting Pty Ltd to undertake an independent assessment of the development application and to provide a recommendation for determination of the DA, including any recommended conditions of consent.

A copy of the consultant’s planning assessment report and draft Notice of Determination have been forwarded to the Panel Secretariat of the Western JRPP. The Panel Secretariat has advised that the application is listed for consideration by the Joint Regional Planning Panel on 6 December 2018.

Attached for Council’s information is a copy of the planning assessment report from Council’s consultant, accompanying plans, draft Notice of Approval and submissions for the subject application. The assessment report by Keylan Consulting outlines an assessment of the extent of the environmental impacts, with recommendations presented within the report for the JRPP’s consideration.

Council may make a submission on the development application that is to be determined by a Regional Panel during and up until seven days before the Panel meeting. In the event that Council chooses to make a written submission in relation to the subject application, the submission is required to be prepared by a consultant or another Council officer who was not involved in the initial assessment of the application.

 

 

 

Attachments

1          Assessment report from Keylan Consulting Pty Ltd, IC18/22239

2          Draft Notice of Determination, D18/61569

3          Architectural Plans, D18/61547

4          Landscape Plans, D18/61553

5          Agency Submissions, D18/61532

6          Public Submissions, D18/61533

 


Council Meeting                                                                                                       20 November 2018

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

Attachment 1      Assessment report from Keylan Consulting Pty Ltd

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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

(c)      stating that unauthorised entry to the site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.

 

(4)      Where any excavation work on the site extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a)      protect and support the adjoining premises from possible damage from the excavation, and

(b)      where necessary, underpin the adjoining premises to prevent any such damage.

Note:  This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to this condition not applying.


 

 

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;

(c)      tabulation detailing the elevation, storage volume and discharge relationships; and

(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

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

Attachment 3      Architectural Plans

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Council Meeting                                                                                                              20 November 2018

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

Attachment 4      Landscape Plans

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Council Meeting                                                                                                       20 November 2018

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

Attachment 5      Agency Submissions

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Council Meeting                                                                                                       20 November 2018

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

Attachment 6      Public Submissions

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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

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

SUPPORTING INFORMATION

THE APPLICATION/PROPOSAL

Council's 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

(c)      stating that unauthorised entry to the site is prohibited.

 

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, 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

 


Council Meeting                                                                                                       20 November 2018

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

Attachment 2      Plans

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Council Meeting                                                                                    20 November 2018

 

 

5.6     Code of Conduct Complaint Reporting

RECORD NUMBER:       2018/2670

AUTHOR:                       Samantha Freeman, Manager Corporate Governance    

 

 

EXECUTIVE Summary

At the Council Meeting held in 6 February 2018, Council resolved to receive quarterly reports on the status of complaints made against Councillors and the General Manager under Council’s Code of Conduct.

This report provides an update on the current status of complaints from 1 April 2018 to the 30 October 2018.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Our City - Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community”.

Financial Implications

Nil

Policy and Governance Implications

Part 12 of the Procedures for the Code of Conduct set out the information that is to be reported to Council.

Other information is not included given the requirements of Part 13 of the Procedures, which require information about complaints and the management and investigation of complaints is to be treated as confidential and not disclosed publicly.

 

Recommendation

That the report on Code of Conduct Complaint Reporting be acknowledged.

 

 

further considerations

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

SUPPORTING INFORMATION

This report provides statistics on Code of Conduct complaints against Councillors and the General Manager, from 1 July 2018 to 12 November 2018.


 

 

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

 

 

 

 


Council Meeting                                                                                    20 November 2018

 

 

5.7     2019/20 Budget Timetable

RECORD NUMBER:       2018/2863

AUTHOR:                       Mark Burdack, Director Corporate and Commercial Services    

 

 

EXECUTIVE Summary

The Council requested that the Annual Budget development process commence by December 2018 to allow Councillors greater opportunities to receive briefings from the Council Administration, discuss priorities and consider relevant factors in determining the Budget parameters for the year.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “17.2 Collaborate - Ensure financial stability and support efficient ongoing operation”.

Financial Implications

Nil

Policy and Governance Implications

The recommendation aims to support Councillors to submit budget proposals early in the process and provide Council Administration the time to prepare submissions and provide advice to Councillors about the financial, statutory and other implications in accordance with the obligations of Councillors under section 8B of the Act. The recommendation will support Councillors to meet their obligation not to disclose confidential information during discussions. 

 

 

Recommendation

The Council resolves:

1    To approve the 2019/20 Budget timetable set out in the Agenda; and

2    Despite resolution 17/575, delegate to the General Manager authority to convene a limited number of closed Councillor Workshops as may be necessary to facilitate the Annual Budget setting process.

 

further considerations

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


 

SUPPORTING INFORMATION

Section 8B of the Local Government Act 1993 states:

The following principles of sound financial management apply to councils:

(a)     Council spending should be responsible and sustainable, aligning general revenue and expenses.

(b)     Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.

(c)     Councils should have effective financial and asset management, including sound policies and processes for the following:

(i)      performance management and reporting,

(ii)     asset maintenance and enhancement,

(iii)    funding decisions,

(iv)    risk management practices.

(d)     Councils should have regard to achieving intergenerational equity, including ensuring the following:

(i)      policy decisions are made after considering their financial effects on future generations,

(ii)     the current generation funds the cost of its services.

The Council Budget timetable sets out a draft timeline for Councillor Workshops and community consultations.  The timetable has been prepared to assist Councillors to meet their statutory obligations in setting the annual budget. 

As part of the timetable, it is proposed that the Council allow for a limited number of closed workshops to allow Councillors to receive a complete briefing on projected income and expenditure. While not all material in the briefings will be confidential, some matters regarding projected future commercial investments, potential expenditures etc are expected to include confidential material. In order for the Councillors to have the opportunity to receive a full briefing and hold open discussions incorporating confidential material when discussing priorities, it is recommended that the Council approve the conduct of a limited number of Closed Councillor Workshops as part of the annual Budget development process.

This will require a qualification to the resolution of the Council approved on 19 December 2017 which states:

RESOLVED - 17/575                                                                                                                   

1    That Councillor Briefings be renamed “Councillor Workshops”.

2    That Councillor Workshops be open to the press and public with exception of items to be discussed that fall within the reasons for confidentiality as set out in Section 10A(2) of the Local Government Act 1993.


 

As set out below, the first draft and final draft budget will be open for community input, and a public exhibition period is incorporated to allow community input.

For the 2018/19 Budget the proposed timetable is as follows:

 

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

 

 

 

  


Council Meeting                                                                                    20 November 2018

 

 

5.8     2018/19 Fees & Charges Amendments & Additions

TRIM REFERENCE:        2018/2650

AUTHOR:                       Brock Gannon, Financial Accounting Officer &n