Agenda of Council Meeting

Council Meeting 25 June 2019

2.1 Centroc Board Meeting and Central NSW Joint Organisation - 29/30 May 2019 - Mayoral Report

RECORD NUMBER: 2019/1213

Mayoral Minute

I attended the Board meeting of Centroc and Central NSW Joint Organisation on Wednesday 29 May 2019 at the LGNSW Boardroom in Margaret Street, Sydney then a round table with Ministers on Thursday 30 May at Parliament House.

Recommendation

That the information contained in this Mayoral Minute be acknowledged.

Reg Kidd
Mayor

SUPPORTING INFORMATION

The Board heard a presentation from Ms Antonia Kendall, Manager Digital Connectivity, Regional NSW Group, Department of Premier and Cabinet providing an update on Digital connectivity. Further meetings will be held in the region to leverage opportunities and all Councils have been contacted in this regard.

President of LGNSW, Cr Linda Scott and Chief Executive Tara McCarthy addressed the Board and noted that Councils are surprised on average every fortnight with some new unfunded mandate or piece of legislation with resourcing or other unwelcomed implications for Councils.

Central NSW Councils staff are meeting regularly including with Forbes Shire Council staff to affect a smooth transition to the Joint Organisation.

With the new Regional Strategic Plan having been approved, a majority of the business of Councils working collaboratively is now occurring through the Joint Organisation. The following advice is from the Joint Organisation meeting.

Chair’s Minute – Emergency Services Levy Increase - Members of Central NSW JO are reporting up to 25% increases in the levy. This will mean members will need to find additional funds and/or cut planned initiatives or services.

From 1 July 2019 the NSW Government plans to collect an additional $160 million (in 2019/20) from NSW councils, communities and those paying insurance premiums to provide better workers’ compensation coverage for volunteer and career firefighters who are diagnosed with one of 12 specific work-related cancers.

Central NSW JO supports career and volunteer firefighters in NSW – as it does all emergency services workers and volunteers. Indeed, many NSW council staff and councillors are volunteers. We also support the Bill passed in November 2018 to address what was a workers’ compensation shortfall.

These substantive increases member Councils are being asked to pay is a large amount and the impact of this unplanned cost will certainly be felt by the community.

Reports from Committees – The two committee reports were from the General Managers’ Advisory Committee and the Drought Subcommittee. The General Managers provided recommendations regarding a review of the Central West and Orana Regional Plan that were adopted by the Board.

The Drought Sub-committee met on 7 May in Parkes. At the meeting consideration was given to the Western Research Institute report recommendations. This report can be found at https://www.centroc.com.au/wp-content/uploads/Centroc-drought-issues-paper-FINAL-1.pdf

Importantly, a business case will be progressed for better investment in the drought response and preparedness including seeking co-design with relevant State agencies.

Reports to Joint Organisation – In the Regional Water report, the Board endorsed confidential advice on Opportunities for Joint Organisations in Water Management in Regional NSW. Please request the full report where the paper provides advice on the strategic and regulatory framework describing the problem and opportunities as Central NSW understands them. Advice is provided on what Central NSW has been doing and makes suggestions for individual and collective Joint Organisation activity. Some opening comments are made regarding the funding framework for water.

The Board also endorsed an updated Communique between Central NSW Councils, Lachlan Valley Water and the Belubula Landholders Group. Again, please request.

The revised Central NSW Charter, Related Parties Disclosures Policy, Code of Meeting Practice for the Central NSW Joint Organisation Report, Code of Conduct and Statement of Revenue and Budget were approved by the Board and placed on the website. https://www.centroc.com.au/wp-content/uploads/Central-NSW_Draft-Statement-of-Revenue-and-Budget_Adopted-29-May-2019.pdf

The Board resolved to support the application for the Growing Local Economies program to fully fund a business case to be developed for an Orange Regional Bicycle Tourism project.

Round table with Ministers

The Board met in Parliament House in the Macquarie Room on Thursday 30 May. The Board met with 7 Ministers

The Hon Stuart Ayres MP, Minister for Jobs, Investment, Tourism and Western Sydney

The Hon Rob Stokes MP, Minister for Planning and Public Spaces

The Hon. Paul Toole MP, Minister for Regional Transport and Roads

The Hon. Brad Hazzard, Minister for Health and Minister for Medical Research

The Hon Shelley Hancock MP, Minister for Local Government

The Hon Melinda Pavey MP, Minister for Water, Property and Housing

The Hon. Adam Marshall, MP, Minister for Agriculture and Western New South Wales

We were very warmly welcomed by our host Steph Cook member for Cootamundra – she is keen to work more closely with Joint Organisations and very supportive of the reopening of the Blayney Demondrille line.

Concerns were raised at every step about the Emergency Services Levy and drought management.

The opportunity of Southern Lights – LEDs with Smart Controls in every community was also raised consistently with Ministers. Please request the briefing notes to Ministers

Follow-up meetings will be held with Stuart Ayers about tourism opportunities. Minister Ayers was enthusiastic about leveraging the way we work regionally

Minister Stokes was positive about funding for Councils developing their LEPs.

Minister Toole explained how his portfolio covers everything outside Sydney, Newcastle and Wollongong. The challenge for this region will be that if Minister Toole does regional and Minister Constance does urban, who does the Bells Line or the linkage between the two regions? The Minister advised that the focus on the Great Western Hwy will continue. Advice was provided on changes to funding models. Further briefing will be provided to Paul Toole on Blayney - Demondrille.

Concerns were raised with Minister Hazzard around maternity services and health services more broadly. Follow-up will be undertaken. While it is acknowledged by our region that the new hospitals are very welcome, there are concerns being expressed in communities across the region ranging from maternity through to MRI scanning. The Mayors of the region invited the Minister to come and see the on-ground situation.

The region welcomed the fact that we have a stand-alone Local Government Minister, Shelly Hancock, with Local Government experience going into bat on behalf of Councils and their communities

Minister Pavey was bullish on water security and more storage at Wyangala. There are opportunities to work with the Joint Organisation on the management of both existing and more storage in region and follow-up will be undertaken with the Minister.

Minister Marshall was welcomed with his remit of western NSW. The focus of conversation with him was on drought including a rework of the drought support package. The Minister witnessed the signing of the renewed MoU with RDA Central West

The Chair has requested a more structured approach to the value to members. The suggested format for this advice is below. It is intended to transition the savings and grant funding across while drawing a line in the sand and starting afresh for the JO where this report would provide the starting point for the new advice.

Value for members	ACTIVITY YTD	ACTIVITY THIS QUARTER
Submissions	7	1 190204 – Deputy Premier re Update on Southern Lights Business Case and Procurements 2 190205 – AER re Essential Energy Public Lights Revised Pricing Proposal 2019-2024 3 190319 -Advice to the Select Committee on Regional Development and Decentralization 4 190404 Letter of support for NRMA’s EOI to TfNSW for the NSW Electric Vehicle Program 5 190503 -LGNSW Water Management Conference presentation proposal-Role of elected representative in water management. 6 190510 – IPART re Public Lighting Code - Draft Electricity Networks Reporting Manual - 2019 7 190404 Letter of support for NRMA’s EOI to TfNSW for the NSW Electric Vehicle Program
Plans, strategies and collateral	4	1 190530- Opportunities for Joint Organisations in Water Management in Regional NSW 2 190530- Communique with Lachlan Valley Water 3 190530-WRI Drought Issues Paper recommendations & Policy position 4 Asset Management Audit workshops-Blayney and Forbes
Grants	$1,087,500	See grant funding table below for details. 1 Restart NSW – Inspection and Condition Assessment of bridges (159 bridges across 11 councils)
Compliance	2	Compliance training courses delivered: 1 Traffic control training Compliance contracts: 1 Asset Management Maturity Audit
Data	1	Tourism data project through WRI contacted
Media including social media	4	1 190508- Media Release- Drought Response – via Chair 2 190514-Savings to members from AER submission – via Mayors 3 190516 – Emergency Services Levy – via Chair 4 190328 – Discovery Passport Media Release – via Mayors Social Media · Central NSW Councils Facebook Page – 294 likes · Central NSW Tourism Facebook Page – 12,266 likes · Screen Central Facebook Page – 290 likes · Central NSW Connex Facebook Page – 625 likes · Beyond the Range Facebook Page – 1,200 likes · Central NSW Tourism Instagram Page – 4,312 followers
Cost Savings	$11,293,669 (since December 2009)	See cost savings table below for details. New contracts for the quarter include: 1 Asset Management Maturity Audit 2 Management of Aggregated Electricity Procurement 3 Traffic Control Training Please note that the cost savings include those for Hilltops, Lithgow and Upper Lachlan however from 1 July 2019 the cost savings will only reflect member councils.
Representation	6	1.190320-Water Training & Assessor Network- Water Operator Certification Training program 2. 190516- TfNSW EV Opportunities, Live Traffic as a one stop shop, consultation approach for current rounds of strategy 3.190516 – Astrodome experience familiarisation 4.190301 – Southern Lights 5.190416 – Southern Lights 6.190516 – Brief the Minister for Local Government’s Advisors regarding the JO journey.
Opportunities councils have been afforded	5	· NRMA funding · Electricity procurement framework and buying into a renewable energy PPA · Regional Tourism Passport · Art Tripping in CNSW PR · Black spot funding

The attached table (Table 1) shows the cost savings through aggregated programming and procurement. The figures shown represent the savings between 14 December 2009 when the Centroc Compliance and Cost Savings Program began until 31 March 2019.

As requested at the Board meeting on 30 May, the next report on cost savings for regional programming will be on a financial year basis and will only show CNSWJO member councils. From 1 July the savings will be backdated to 1 July 2018, being the commencement of financial year following the proclamation of the Joint Organisation.

The attached table (Table 2) shows the grant (and other) funding obtained by Centroc on behalf of its member councils. From 1 July 2019, the table will be shown as the current financial year only, backdated to 1 July 2018 as per the reasoning explained for the previous table.

Please see attached minutes from both the Centroc Board meeting and the Central NSW Joint Organisation meeting for your information.

Attachments

1 Table 1 - Cost Savings through Aggregated Programming and Procurement, D19/34761 ⇩

2 Table 2 - Grant Funding Obtained by Centroc, D19/34762 ⇩

3 Minutes of the Centroc Board Meeting 29 May 2019 and Minutes of the Central NSW JO 29 May 2019, D19/34712 ⇩

8. Reports on Committees

a. General Managers’ Advisory Committee – Consideration of the Central West and Orana Regional Plan recommendations to the Board

Resolved Cr K Beatty/Cr M Liebich

That the Joint Organisation Board note report from the General Managers’ Advisory Committee and

1. Note the Minutes of the GMAC meeting 2 May 2019

2. regarding the review of priority of the Central West and Orana Regional Plan, provide the following advice to the consultation process:

3. That a significant number of activities that have not been completed may change the priority;

4. From a land-use perspective the following are priorities:

a. The need for some type of advice on buffering

b. Aged care development where there is a suggestion that there should be a regional approach to demand

c. Biodiversity control which is seen to be complex and driving more land clearing rather than managing it in the interest of stakeholders including the environment

d. Data quality, particularly mapping and transport information

e. Retail strategies and funding there-of

f. The need for a strategic approach to derelict and potentially contaminated sites

g. Housing strategies

h. Guidance on naturally occurring asbestos

i. Supporting aboriginal communities through the development process

j. The inclusion of Activation Precincts

5. From a regional development perspective priorities include:

a. Water security and drought are significant priorities

b. Review tourism priorities subsequent to a meeting between DPE, DNCO and JO representatives where access for projects to be built in National Parks and the approach to wine and food tourism were identified as needing work

c. Seek advice on in region grid capacity and its impacts on development particularly renewables

b. Drought Sub-committee - Progressing the recommendations of the Drought Issues Paper

Resolved Cr M Liebich/Cr K Keith

That the Board note the Report on the Drought Issues Paper authored by Western Research Institute and regarding its recommendations:

1. Adopt the drought policy for the Central NSW Joint Organisation;

2. Work with requisite State agencies and other peak regional bodies regarding drought preparedness with a report to be provided to the Board on options for resourcing better drought support and coordination at the local and regional level;

3. Progress a business case for better investment in drought response and preparedness including seeking codesign with relevant State Agencies;

4. Write to the Hon Mark Coulton, Member for Parkes and other elected representatives (as required), regarding extension of the time lines for round 1 and future rounds of drought funding for $1m Councils’ program; and

5. Seek ongoing funding support from the Federal Government for the appointment of drought coordinators for the region.

9. Reports to Joint Organisation

a. Regional Water

Resolved Cr G Hanger/Cr B West

That the Board;

1. adopt the confidential report on Opportunities for Joint Organisations in Water Management in Regional NSW; and

2. adopt the updated Communique between Central NSW Councils, Lachlan Valley Water and the Belubula Landholders Association.

b. Review of the Central NSW Charter

Resolved Cr R Kidd/Cr B West

That the Board note the report on the review of the Central NSW Charter; and

1. Amend the Charter regarding the methodology for financial contribution for the Joint Organisation from:

a. The annual financial contribution required to be made by each Member Council is to consist of:

i. a base fee of the same amount for each Member Council; and

ii. a capitation fee [based on the number population drawn from rate assessments].

To:

a. The annual financial contribution required to be made by each Member Council is to consist of:

i. base fee of the same amount for each Member Council; and

ii. a capitation fee [based on the number population drawn from ABS census figures].

And

Amend the Vision and Principles from

Vision and principles

a. The vision of the Organisation is set from time to time by the Board to reflect the collective regional priorities and aspirations of its Member Councils.

b. At the date of adoption of this Charter the vision of the Organisation, as the successor to the regional organisation of councils known as Central NSW Councils (or Centroc) is for Central New South Wales to be a vibrant growing and welcoming place of seasonal landscapes recognised in the nation for its agricultural heart.

To:

Vision and principles

a. The vision of the Organisation is set from time to time by the Board to reflect the collective regional priorities and aspirations of its Member Councils.

b. In accordance with the Central NSW Joint Organisation Strategic Plan 2019/2020 the Vision is Central NSW is a vibrant, prosperous and welcoming place of seasonal landscapes that is recognised by the nation for its agricultural heart.

c. In accordance with the Central NSW Joint Organisation Strategic Plan 2019/2020 the Principles guiding the organisation are:

• Exercising leadership

• Mutual respect

• Demonstrating integrity

• Thoughtful contribution

• Acting in the public interest

• Intergenerational equity

• Timely and appropriate responsiveness

• Willingness and commitment

• Accountability and transparency

• Sharing and positive intent

• Adding value

2. That a Draft Charter be placed on the CNSWJO website within 30 days.

c. Code of Meeting Practice for the Central NSW Joint Organisation Report

Resolved Cr K Beatty/Cr S Ferguson

That the Board adopt the Central NSW Joint Organisation Code of Meeting Practice.

d. Code of Conduct

Resolved Cr K Keith/Cr M Liebich

That the Board adopt the Model Code of Conduct

e. Structural, reporting and other arrangements to progress the Joint Organisation (JO) Strategic Plan

Resolved Cr B West/Cr G Hanger

That the Board note the advice regarding structural, reporting and other arrangements to progress the Joint Organisation (JO) Strategic Plan and

1. With regard to State and Federal Parliamentary visits, hold its formal meeting the afternoon before;

2. Regarding Portfolio Mayors, note that there are now only 4 priority areas those being

a. Intercouncil cooperation

b. Regional Prosperity

c. Regional Water

d. Transport and Infrastructure

3. Retain Portfolio Spokespersons Cr Bill West (Regional Prosperity), Cr David Somerville (Regional Water), Cr Ken Keith (Transport and Infrastructure) and agree that the Chair of the Joint Organisation will be the Portfolio Mayor for Inter council Cooperation;

4. Seek updated advocacy plans from each Portfolio Spokesperson, subject to feedback from members, regarding their priority;

5. Note that an Executive is not contemplated in the Central NSW Joint Organisation structure;

6. Agree that Special Meetings of the JO may need to be called from time to time to manage business between quarterly meetings;

7. Receive a report on delegations to optimise the administration and leadership of the Joint Organisation;

8. Note that GMAC will continue to meet quarterly and the Board will receive a report from GMAC including recommendations;

9. Seek advice back from General Managers on their recommendations for the administration of GMAC;

10. Note the new agenda and report format; and

11. Note that the life of the Statement of Strategic Regional Priority is until the next Local Government election in September 2020.

f. Related Party Disclosures Report

Resolved Cr M Liebich/Cr K Beatty

That the Board adopt the Related Parties Policy and associated procedures for the Central NSW Joint Organisation

g. Central NSW Joint Organisation (JO) engagement with neighbouring councils

Resolved Cr S Ferguson/Cr K Keith

That the Board note the Report on the Central NSW Joint Organisation engagement with other councils.

A rescission motion regarding this issue and item number 7.3 of the motion moved 28 February 2019 was foreshadowed.

h. Administering of the Orange Bike Tourism Business Case Funding Proposal

Cr R Kidd, Cr K Beatty, Cr D Somervaille and Cr S Ferguson declared a non pecuniary interest and left the room – volunteer directors of Orange 360.

Resolved Cr B West/Cr G Hanger

That the Board note the report regarding administering of the Orange Bike Tourism Business Case funding proposal and support the application for the Growing Local Economies program to fully fund a business case to be developed for an Orange Regional Bicycle Tourism project.

Cr R Kidd, Cr K Beatty, Cr D Somervaille and Cr S Ferguson returned to the room

3.00pm meeting adjourned for a presentation from President of LGNSW Linda Scott and Chief Executive Tara McCarthy.

3.30pm meeting resumed

i. Draft Statement of Revenue and Budget

Resolved Cr K Keith/Cr B West

That the Board note the report on the Draft Statement of Revenue and Budget and

1. adopt the Draft Statement of Revenue and Budget (the Draft Statement);

2. place the Draft Statement on Exhibition; and

3. call a special meeting for 28 June to give consideration to adoption of the Draft Statement

Resolved Cr S Ferguson/Cr G Hanger

That the Draft Statement of Revenue and Budget fee structure include fees for the Western Region Academy of Sport (WRAS) noting that the excellent annual reports from the WRAS continue to be provided.

j. Report to the Central NSW JO Strategic Plan and Statement of Regional Strategic Priority 2019/2020

Resolved Cr K Keith/Cr G Hanger

That the Board note the report to the Central NSW JO Strategic Plan and Statement of Regional Strategic Priority and

1. Receive a report on the Terms of Reference for the Regional Prosperity Subcommittee of both the Joint Organisation Board and the Regional Leadership Executive;

2. Note advice on cost savings and grant acquisition will both transition across to the JO from Centroc and include advice as of May 2019 particular to the JO;

3. Nominate members to form the working group reviewing tourism;

4. Nominate members to form the working group reviewing the Matrix and developing policy going forward; and

5. Note that advice is being sought from Minister Pavey on the formation of a Regional Water Committee including nomination of members from state agencies.

k. Administration Update

Resolved Cr G Hanger/ Cr K Beatty

That the Board note the timeline for the implementation of the JO.

l. Financial and Compliance Report

Resolved Cr K Keith/Cr G Hanger

That the Board note the Finance and compliance report.

10. Notices of motions/Questions with notice Nil

11. Confidential matters Nil

12. Conclusion of the meeting - Meeting closed at 4.08pm

The next meeting of the Central NSW JO Board will be a phone hookup 28 June 2019 then Thursday 22 August 2019.

Page 7 is the last page of the Central NSW Joint Organisation meeting 29 May 2019

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 4 June 2019

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, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr J Whitton

Acting General Manager, Acting Director Corporate and Commercial Services, Acting Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services

1.1 APOLOGIES

RESOLVED - 19/289 Cr S Munro/Cr J Hamling

That the apology be accepted from Cr R Turner for the Council Meeting of Orange City Council on 4 June 2019.

1.2 LIVESTREAMING AND RECORDING

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

1.4 ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted the Acknowledgement of Country

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

Cr M Previtera declared a less than significant non-pecuniary interest in item 3.1 of the Environmental Sustainability Policy Committee Meeting as an employee of Essential Energy and will remain in the Chamber during the item.

Cr M Previtera declared a significant non-pecuniary interest in item 6.1 of the Closed Items (Tenders for Cargo Road Street Lighting) as he is an employee of Essential Energy and in that role has commercial dealings with the tenders and will leave the Chamber and not participate in the voting or debate on this item.

Cr S Romano declared a less than significant non-pecuniary interest in item 2.1 of the Planning and Development Policy Committee meeting as a previous neighbour of one of the applicants and will remain in the Chamber during the item.

Cr T Mileto declared a less than significant non-pecuniary interest in item 4.1 of the Finance Policy Committee as a Life Member of the Junior Orange Ex-Services’ Club and will remain in the Chamber during the item.

2 Mayoral Minutes

Nil

GOOD NEWS FOLDER

1 Letter from Water Industry Operators Association of Australia to thank Council for hosting the Water Industry Operators Association of Australia’s 13^th Annual Conference that was held in Orange in April 2019. They also congratulated the Orange City Council Main Tapping team on their win in the inaugural competition as well as Council for being a finalist in the Best Tasting Tap Water Competition.

2 Email from Lindy Glover thanking Council for their assistance and support in helping the Committee of the Ploughmans Wetlands Care Group on a planting day they held in the Ploughmans Wetlands on 11 May 2019. (photo on email of group)

3 Certificate of Appreciation from Orange Bush Nippers to Orange City Council for generous contributions that have assisted the club to improve water safety and confidence of children and to also provide them with opportunities to develop good communication and leadership skills.

4 Email thanking Ranger Matthew Morrison for his Extraordinary customer service and diligence following up on a dog attack and further 6:30am morning patrols to educate dog owners. The resident expressed that Matthew was not only an asset to Orange City Council but also the entire community.

5 Letter from Orange & District Kennel & Obedience Club thanking Orange City Council and Council staff Mark Hodges & Rosemary Reid for their assistance with advertising basic obedience classes creating greater community awareness of positive dog behaviour.

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

OPEN FORUM

Item 5.2 – Recreational Use of Spring Creek and Suma Park Dams

Mr Bernard Huxtable spoke against this item.

Mr Don Harvey spoke against this item.

Mr Steph O’Dea spoke against this item.

Mr Cyril Smith spoke against this item.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.24PM.

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 19/290 Cr S Munro/Cr J McRae

That the Minutes of the Ordinary Meeting of Orange City Council held on 21 May 2019 (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 21 May 2019.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.25PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.32PM

4 Notices of Motion/Notices of Rescission

4.1 Rescission Motion - Orange Ex-Services Club Pool

TRIM Reference: 2019/1061

Cr T Mileto declared a less than significant non-pecuniary interest as a Life Member of the Junior Orange Ex-Services Club and remained in the Chamber during the item.

Motion Cr G Taylor/Cr K Duffy

That Council rescind the following resolution of the Sport and Recreation Policy Committee meeting of 7 May 2019:

2.1 Orange Ex-Services’ Club - Aquatic Centre

RESOLVED - 19/248 Cr R Kidd/Cr S Nugent

That Council not continue with the feasibility study of OESC.

THE MOTION ON BEING PUT TO THE MEETING WAS LOST

4.2 Notice of Motion - Councillor Expenses

TRIM Reference: 2019/1029

RESOLVED - 19/310 Cr S Munro/Cr J McRae

That Council resolves, notwithstanding the existing policy, that Councillor travel expenses be claimed within a three month period, that all Councillor expenses must be claimed prior to 30 June 2019 or the Councillor waives the right to claim for these expenses at a future date.

5 General Reports

5.1 Australian Local Government Women's Association Conference - Attendance by Cr Joanne McRae

TRIM Reference: 2019/1084

RESOLVED - 19/311 Cr J McRae/Cr R Kidd

That information in this report be acknowledged.

5.2 Recreational use of Spring Creek and Suma Park Dams

TRIM Reference: 2019/821

MOTION Cr S Romano/Cr M Previtera

That Council resolves to:

1 Not permit land or water based activity at Suma Park; and

2 To commence the process to seek approval to permit access to Spring Creek Dam for non-powered and electric boating and fishing but not permit camping.

AMENDMENT Cr S Romano/Cr M Previtera

That Council resolves to:

1 Not permit land or water based activity at Suma Park; and

2 To commence the process to seek approval to permit access to Spring Creek Dam for non-powered and electric boating and fishing but not permit camping.

3 Investigate the installation of shower facilities at Gosling Creek.

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

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

MOTION Cr R Kidd/Cr J Whitton

That Council deal with each item individually for item 5.2.

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 19/312 Cr S Romano/Cr M Previtera

That Council resolves to:

1 Not permit land or water based activity at Suma Park.

RESOLVED - 19/313 Cr S Romano/Cr M Previtera

That Council resolves to:

2 Commence the process to seek approval to permit access to Spring Creek Dam for non-powered and electric boating and fishing but not permit camping.

RESOLVED - 19/314 Cr S Romano/Cr S Munro

That Council resolves to:

3 investigate the installation of shower facilities at Gosling Creek.

5.3 Options Report - Public Space Amenities

TRIM Reference: 2019/1079

MOTION Cr S Nugent/Cr M Previtera

That Council resolves:

1 That Council note the report; and

2 That Council determine a preference order of projects to convey to the NSW Government.

NOTICE WAS GIVEN OF A FORESHADOWED AMENDMENT

AMENDMENT Cr S Nugent/Cr M Previtera

That item two (2) be amended that the projects be in the order:

· Perry Oval

· Glenroi Oval

· John Lomas Skate Park

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST

FORESHADOWED AMENDMENT Cr R Kidd/Cr G Taylor

That Council resolves to defer item 5.3 until after the proposed meeting with the CWA later this month.

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

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 19/315 Cr R Kidd/Cr G Taylor

That Council resolves to defer item 5.3 until after the proposed meeting with the CWA later this month.

6 Closed Meeting

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

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

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

RESOLVED - 19/316 Cr J Whitton/Cr S Nugent

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 Tenders for Cargo Road Street Lighting

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.2 Electricity Procurement

6.3 Lease of 142 March Street Orange

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 10.05pm.

7 Resolutions from Closed Meeting

The Acting Director Corporate and Commercial Services read out the following resolutions made in the Closed Meeting of Council.

6.1 Tenders for Cargo Road Street Lighting

TRIM Reference: 2019/766

Cr M Previtera declared a significant non-pecuniary interest as an employee of Essential Energy and in that role has commercial dealings with the tenders, left the Chamber and did not participate in the voting or debate on this item.

RESOLVED - 19/317 Cr S Nugent/Cr S Munro

That Council resolves to:

1 Approve the General Manager, or his nominee, to enter into a standard contract with Large Industries Pty Limited t/as JLE Electrical for the Cargo Road Upgrade Street Lighting for the amount of $202,232.22 exclusive of GST;

2 Grant permission to the General Manager or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.

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 J Whitton
Voted Against	Nil
Absent	Cr R Turner, Cr M Previtera

**Cr M Previtera returned to the meeting with the time being 9.55 pm.**

6.2 Electricity Procurement

TRIM Reference: 2019/954

RESOLVED - 19/318 Cr T Mileto/Cr S Nugent

That Council resolves to:

1 Acknowledge that there are extenuating circumstances surrounding the procurement of electricity due to the 2-day validity of offers from electricity retailers where anything longer than this is likely to include a price risk component and as such Council should be excused from the tendering requirements under S55(3)(i) of the LG Act for the procurement of electricity for small tariff sites, large contract sites and streetlighting which are due to commence on 1 January 2020.

2 Delegate the authority to execute the contracts for the supply of electricity for small tariff sites, large contract sites and streetlighting to the General Manager.

3 Contribute 20% of Council’s electricity load to a renewable energy Power Purchase Agreement where the pricing is financially advantageous; and

4 Advise Central NSW Joint Organisation of Council’s decision.

6.3 Lease of 142 March Street Orange

TRIM Reference: 2019/1067

RESOLVED - 19/319 Cr T Mileto/Cr S Nugent

That Council resolves:

1 To enter into a 5 year lease with a 5 year option of 142 March Street, Orange.

2 That the agreement include a without cause termination clause by either party with six months’ notice.

3 That permission be granted for the use of the Council seal on any necessary documentation.

The Meeting Closed at 10.07PM

This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 4 June 2019.

Council Meeting 25 June 2019

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

ITEMS PENDING OR OVERDUE

QUESTIONS ON NOTICE & MATTERS ARISING

As at 17 June 2019

Status

Pending

Overdue

Date of Meeting	Meeting	QUESTIONS ON NOTICE/MATTERS ARISING	Action Taken/Comment	STATUS
4 June 2019	EEDPC	QUESTIONS TAKEN ON NOTICE Cr Nugent requested an update on the enquiries for staff exchange with Timaru District Council.	Update to be provided.
4 June 2019	EEDPC	QUESTIONS TAKEN ON NOTICE Cr Kidd requested an update on the current status of relationships and activities with the Sister Cities and also on any visits planned in the future.	Update to be provided.
4 June 2019	SRPC	QUESTION TAKEN ON NOTICE Cr Mileto requested a review be undertaken of lighting options in the area between the amenities block and Bernie Stedman Oval at Sir Jack Brabham Park.	Lighting provided in final 2019/20 budget.
21 May 2019	CCL	On Item 5.2.6 in the Performance Indicators Cr McRae requested Council be provided with numbers of adult residents with intellectual disabilities that are provided with supported accommodation services.	Update to be provided.
21 May 2019	CCL	On Item 5.3.1 of the Performance Indicators Cr McRae requested details of agencies that deliver affordable and social housing in Orange in addition to Housing Plus.	Update to be provided.
7 May 2019	CCL	MATTER ARISING FROM FUNDING REQUEST FOR SHOW SOCIETY Crs Duffy and Taylor requested a report be presented to Council on the support provided by Council in previous years to the Orange Showground Society for the provision of stables and also addressing the usage of the new showground pavilion.	Report to be provided to Council.
19 Mar 2019	CCL	RESOLVED - 19/001 Cr G Taylor/Cr R Kidd That the Traffic Committee request the Roads and Maritime Services (RMS) to provide information on vehicle locations, fines and average speeds of fines for stationary speed vehicles used in the Orange area.	Information to be circulated to Councillors.
5 Mar 2019	CCL	Cr Mileto requested information be circulated to Councillors on items 8.1.28 of the Performance Indicators regarding Waratahs (W8) site 7 detention basin no longer being required.	That information be circulated to Councillors.
5 Mar 2019	EEDPC	Cr Mileto requested information be circulated to Councillors on current retail performance in Orange and details of incentives available to new businesses	Information was provided to EDCC on 12 June 2019 and will be included in EDCC minutes to be circulated to EEDPC in July 2019.
5 Mar 2019	ESPC	MATTERS ARISING 1 Cr McRae requested Council consider promotion of Bloomfield Park for dogs which has a designated leash free area. 2 Cr Mileto requested information be circulated to Councillors on the fines that can be issued to pet owners with dogs off leash in undesignated areas.	Information to be circulated to Councillors.
5 Mar 2019	ESPC	MATTER ARISING Cr Nugent requested a report be brought back to Council on examples of how other Councils protect trees and in particular the use of tree bonds.	That a further report be provided to Council in July 2019.
4 Dec 2018	IPC	QUESTION TAKEN ON NOTICE Cr Duffy sought information as to when upgrades to the footpaths near the PCYC on Byng Street were proposed.	Information to be provided 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	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, report to follow. Shopping Centre Manager has been contacted.
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.	Memo being prepared for distribution to Councillors.

ITEMS PENDING OR OVERDUE

As at 17 June 2019

RESOLUTIONS & NOTICES OF MOTION

Status

Pending

Overdue

Date of Meeting	Meeting	Resolution	Action Taken/Comment	STATUS
4 June 2019	CCL	5.2 RECREATIONAL USE OF SPRING CREEK AND SUMA PARK DAMS TRIM REFERENCE: 2019/821 RESOLVED - 19/002 Cr S Romano/Cr M Previtera That Council resolves to: 1 Not permit land or water based activity at Suma Park. RESOLVED - 19/003 Cr S Romano/Cr M Previtera That Council resolves to: 2 Commence the process to seek approval to permit access to Spring Creek Dam for non-powered and electric boating and fishing but not permit camping. RESOLVED - 19/004 Cr S Romano/Cr S Munro That Council resolves to: 3 Investigate the installation of shower facilities at Gosling Creek.	Rescission Motion for part 2 of this resolution will be considered at the Council Meeting held on 25 June 2019.
4 June 2019	CCL	5.3 OPTIONS REPORT - PUBLIC SPACE AMENITIES 2019/1079 RESOLVED - 19/315 Cr R Kidd/Cr G Taylor That Council resolves to defer item 5.3 until after the proposed meeting with the CWA later this month.	Item to be deferred to July Council meeting.
4 June 2019	CCL	6.3 LEASE OF 142 MARCH STREET ORANGE 2019/1067 RESOLVED - 19/319 Cr T Mileto/Cr S Nugent That Council resolves: 1 To enter into a 5 year lease with a 5 year option of 142 March Street, Orange. 2 That the agreement include a without cause termination clause by either party with six months’ notice. 3 That permission be granted for the use of the Council seal on any necessary documentation.	Lease being prepared.
4 June 2019	EEDPC	2.1 SISTER CITIES COMMUNITY COMMITTEE MINUTES – 27 FEBRUARY 2019 TRIM REFERENCE: 2019/1077 RESOLVED - 19/294 Cr K Duffy/Cr S Munro 1 That Council acknowledge the reports presented to the Sister Cities Community Committee at its meeting held on 27 February 2019. 2 That Council determine recommendation 3.5 from the minutes of the Sister Cities Community Committee meeting of 27 February 2019. 3.5 Sister Cities Community Committee Action List Update That the action plan be updated to reflect the following actions: • That the Manager Corporate and Community Relations make contact with Timaru District Council to explore the next steps in the staff exchange. • That draft text for a welcome banner for exchange groups be circulated to members and the banner produced. • That details of the next Sister Cities National Conference be circulated to committee members once dates are organised. • That prospective dates for the remaining meetings in 2019 be circulated to members. 3 That the remainder of the minutes of the Sister Cities Community Committee at its meeting held on 27 February 2019 be adopted.	In progress.
4 June 2019	IPC	2.1 MINUTES OF THE FLOODPLAIN RISK MANAGEMENT COMMUNITY COMMITTEE MEETING - 6 MAY 2019 TRIM REFERENCE: 2019/911 RESOLVED - 19/296 Cr R Kidd/Cr K Duffy 1 That Council acknowledge the reports presented to the Floodplain Risk Management Community Committee at its meeting held on 6 May 2019. 2 That Council resolve recommendations 3.1 from the minutes of the Floodplain Risk Management Community Committee meeting of 6 May 2019: 3.1 Exhibition of Blackmans Swamp Creek and Ploughmans Creek Flood Study That Council resolves to publically exhibit the “Blackmans Swamp Creek and Ploughmans Creek Flood Study – April 2019 Rev 1.1” for a period of 28 days and seek comment. 3 That the remainder of the minutes of the Floodplain Risk Management Community Committee at its meeting held on 6 May 2019 be adopted.	Council Workshop on 20 June 2019. Affected residents identified. Plan to exhibit along with LEP amendment.
4 June 2019	SRPC	2.1 BMX TRACK - ANZAC PARK TRIM REFERENCE: 2019/823 RESOLVED - 19/005 Cr S Munro/Cr R Kidd That Council resolves: 1 That Council close the BMX Track. 2 That Council receives a report on alternate options for the site including any necessary earthworks to remove the existing BMX Track.	Signage being installed. Report being prepared.
21 May 2019	CCL	5.6 TABLE DRAINS ON NORTHERN DISTRIBUTOR ROAD TRIM REFERENCE: 2019/875 RESOLVED - 19/284 Cr R Turner/Cr S Nugent That Council resolves that a report be prepared to the City of Orange Traffic Committee recommending that No Stopping signs be erected along the sections of the Northern Distributor Road with narrow shoulders and deep table drains as identified in this report.	Report to be prepared for the City of Orange Traffic Committee.
21 May 2019	CCL	6.3 TENDER FOR BRENDON STURGEON OVAL LIGHTING DESIGN AND CONSTRUCTION TRIM REFERENCE: 2019/943 RESOLVED - 19/287 Cr S Nugent/Cr J Hamling That Council resolves: 1 The Acting General Manager, or his nominee, enter into a standard contract with Activenergy Pty Ltd for the design and construction of sportsground lighting at Brendon Sturgeon Oval for the amount of $159,014 exclusive of GST; 2 To grant permission to the Acting General Manager or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.	Contracts are currently being signed.
16 April 2019	CCL	2.1 GREY HEADED FLYING FOX (GHFF) - COOK PARK 2019/758 RESOLVED - 19/228 Cr K Duffy/Cr S Munro 1 That the information contained in this Mayoral Minute and the associated attachments be noted. 2 That Council seek the necessary approvals and protocols to develop a planned intervention just prior to the next non-breeding season of May to July 2020.	Noted – matter in progress.
2 April 2019	CCL	4.1 NOTICE OF MOTION - AWNING - MAX HAZELTON AERO CENTRE TRIM REFERENCE: 2019/608 RESOLVED - 19/219 Cr S Romano/Cr M Previtera That Council resolves to approve: 1 the provision of assistance to the Orange Aero Club by applying for the DA and constructing an airside awning to the Max Hazelton Aero Centre patient transfer room.	This matter is in progress.
18 Dec 2018	CCL	4.4 NOTICE OF MOTION - PUBLIC FORUM ON ROADS AND FOOTPATH PROGRAM BY CR J HAMLING TRIM Reference: 2018/3077 RESOLVED - 18/584 Cr J Hamling/Cr S Munro That Council conduct a public forum on the roads and footpath program to highlight what projects and works have been completed in the 6 months from July to December 2018 and what works are planned for the period January to July 2019.	Public forum to be scheduled.
7 Aug 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 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.

Council Meeting 25 June 2019

Attachment 2 Completed Resolutions from Council Meetings (including Questions Taken on Notice etc) - Summary

COMPLETED

REGISTER – QUESTIONS ON NOTICE & MATTERS ARISING

As at 30 May 2019

Date of Meeting	Meeting	QUESTIONS ON NOTICE/MATTERS ARISING	Action Taken/Comment	STATUS
4 June 2019	IPC	QUESTION TAKEN ON NOTICE Cr Duffy requested an update on flood information for Moulder Park.	Questions to be answered at a Councillor Briefing on 20 June 2019.
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.	Awaiting executed copies of contract and the new project will include CCTV for security.
4 Dec 2018	IPC	QUESTION TAKEN ON NOTICE Cr Nugent sought for information to be circulated as to the type of light bulbs used on the Forest Road lights.	Information provided to Councillors December 2018. Director Technical Services will circulate further information as required.

COMPLETED

REGISTER – RESOLUTIONS & NOTICES OF MOTION

Date of Meeting	Meeting	Resolution	Action Taken/Comment	STATUS
4 June 2019	FPC	2.1 REQUESTS FOR FINANCIAL ASSISTANCE TRIM REFERENCE: 2019/985 RESOLVED - 19/305 Cr J Hamling/Cr J Whitton The Council resolves: 1 That a donation of $1,300.00 be made from the Sports Participation Program to the Spring Hill Old Boys' Football Club. 2 That a donation of $500.00 be made from the Sport Participation Program to Cambell Williams (selection in Team Australia for Motocross).	COMPLETE
4 June 2019	SPC	2.3 MINUTES OF THE ORANGE HEALTH LIAISON COMMITTEE MEETING - 20 MAY 2019 TRIM REFERENCE: 2019/1066 RESOLVED - 19/309 Cr J McRae/Cr M Previtera 1 That Council acknowledge the reports presented to the Orange Health Liaison Committee at its meeting held on 20 May 2019. 2 That Council resolve recommendations 3.1 from the minutes of the Orange Health Liaison Committee meeting of 20 May 2019: 3.1 Branding for Active Orange Program 1 That the presentation regarding Active Orange Branding be acknowledged. 2 That the next meeting of the Orange Health Liaison Committee be held on 2 July 2019. 3 That the remainder of the minutes of the Orange Health Liaison Committee at its meeting held on 20 May 2019 be adopted.	Work commenced on Active Orange Program. Next meeting to be held 2 July to further progress program.
4 June 2019	SPC	SPRING HILL COMMUNITY COMMITTEE MEETING MINUTES - 16 MAY 2019 TRIM REFERENCE: 2019/1023 RESOLVED - 19/308 Cr M Previtera/Cr T Mileto 1 That Council acknowledge the reports presented to the Spring Hill Community Committee at its meeting held on 16 May 2019. 2 That Council resolves recommendations 3.1, 3.2 and 4.1 from the minutes of the Spring Hill Community Committee meeting of 16 May 2019: 3 That the remainder of the minutes of the Spring Hill Community Committee at its meeting held on 16 May 2019 be adopted.	Investigations taking place regarding possibility of RV Dump Points, Cadia Rail Trail and possibility of interment of ashes at Spring Hill Cemetery. Initial mine maintenance work commenced at Spring Hill Hall. Additional items placed on Action plan for prioritisation and action.
4 June 2019	CCL	4.1 RESCISSION MOTION - ORANGE EX-SERVICES CLUB POOL TRIM REFERENCE: 2019/1061 MOTION Cr G Taylor/Cr K Duffy That Council rescind the following resolution of the Sport and Recreation Policy Committee meeting of 7 May 2019: 2.1 Orange Ex-Services’ Club - Aquatic Centre RESOLVED - 19/248 Cr R Kidd/Cr S Nugent That Council not continue with the feasibility study of OESC. THE MOTION ON BEING PUT TO THE MEETING WAS LOST	The motion on being put to the meeting was lost.
4 June 2019	CCL	4.2 NOTICE OF MOTION - COUNCILLOR EXPENSES TRIM REFERENCE: 2019/1029 RESOLVED - 19/310 Cr S Munro/Cr J McRae That Council resolves, notwithstanding the existing policy, that Councillor travel expenses be claimed within a three month period, that all Councillor expenses must be claimed prior to 30 June 2019 or the Councillor waives the right to claim for these expenses at a future date.	Noted. COMPLETE
4 June 2019	CCL	6.1 TENDERS FOR CARGO ROAD STREET LIGHTING TRIM REFERENCE: 2019/766 RESOLVED - 19/317 Cr S Nugent/Cr S Munro That Council resolves to: 1 Approve the General Manager, or his nominee, to enter into a standard contract with Large Industries Pty Limited t/as JLE Electrical for the Cargo Road Upgrade Street Lighting for the amount of $202,232.22 exclusive of GST; 2 Grant permission to the General Manager or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.	Letter of acceptance sent out. Contract documents are being finalised.
4 June 2019	ESPC	2.1 MINUTES OF THE TIDY TOWNS COMMUNITY COMMITTEE – 1 MAY 2019 2019/1013 RESOLVED - 19/302 Cr S Nugent/Cr S Munro That Council resolves: 1 To acknowledge the reports presented to the Tidy Towns Community Committee at its meeting held on 1 May 2019.	Actions noted. COMPLETE
4 June 2019	ESPC	3.1 SOUTHERN LIGHTS TRIM REFERENCE: 2019/955 RESOLVED - 19/303 Cr R Kidd/Cr J Whitton That Council resolves to: 1 Note the report on the Southern Lights Project; 2 Provide, in principle, support for Central NSW Joint Organisation in seeking funding to progress the replacement of Council’s existing street lights with smart-enabled LED lighting; and 3 Monitor the timeframe from Essential Energy for the Bulk Lamp Replacement for street lights.	Centroc have been informed of Council’s decision.
4 June 2019	CCL	6.2 ELECTRICITY PROCUREMENT TRIM REFERENCE: 2019/954 RESOLVED - 19/318 Cr T Mileto/Cr S Nugent That Council resolves to: 1 Acknowledge that there are extenuating circumstances surrounding the procurement of electricity due to the 2-day validity of offers from electricity retailers where anything longer than this is likely to include a price risk component and as such Council should be excused from the tendering requirements under S55(3)(i) of the LG Act for the procurement of electricity for small tariff sites, large contract sites and streetlighting which are due to commence on 1 January 2020. 2 Delegate the authority to execute the contracts for the supply of electricity for small tariff sites, large contract sites and streetlighting to the General Manager. 3 Contribute 20% of Council’s electricity load to a renewable energy Power Purchase Agreement where the pricing is financially advantageous; and 4 Advise Central NSW Joint Organisation of Council’s decision.	Centroc has been informed.
4 June 2019	SPC	2.1 MINUTES OF THE NAIDOC WEEK COMMUNITY COMMITTEE – 2 MAY 2019 2019/1015 RESOLVED - 19/307 Cr R Kidd/Cr K Duffy That Council resolves: 1 To acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting of 2 May 2019. 2 The remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 2 May 2019 be adopted.	Actions noted. COMPLETE
21 May 2019	CCL	5.2 STATEMENT OF INVESTMENTS - APRIL 2019 TRIM REFERENCE: 2019/873 RESOLVED - 19/280 Cr K Duffy/Cr J Whitton That Council resolves: 1 To note the Statement of Investments as at 30 April 2019. 2 To adopt the certification of the Responsible Accounting Officer.	Noted. COMPLETE
21 May 2019	CCL	5.3 3RD QUARTER BUDGET REVIEW AND PERFORMANCE REPORT 2018/19 2019/877 RESOLVED - 19/281 Cr K Duffy/Cr J Whitton That Council resolve: 1 Approve the Quarterly Budget and Performance Indicators Review for January to March 2019, incorporating the bank reconciliation statement. 2 Approve the Proposed Variations set out in Table 4 of the submission.	Noted. COMPLETE
21 May 2019	CCL	MATTER ARISING RESOLVED - 19/276 Cr R Turner/Cr K Duffy 1 That Council send letters of congratulations to the Member for Calare, Andrew Gee MP, and also the Prime Minister, Hon Scott Morrison MP, on their election wins from the weekend. 2 That a letter be sent to Member for Calare, Andrew Gee MP: · Congratulating Mr Gee and the Coalition on their electoral victory; · Seeking confirmation of the $10 million commitment made to the Conservatorium and Planetarium; and · That the letter be signed by all Councillors and the Acting General Manager.	Letters sent on 6 June 2019. COMPLETE
21 May 2019	CCL	5.5 STRATEGIC POLICY REVIEW 2019/776 RESOLVED - 19/283 Cr K Duffy/Cr T Mileto That Council resolves to: 1 Place the following draft Strategic Policies on public exhibition for a minimum of 28 days: • ST009 – Revenue and Pricing • ST029 – Donations and Grants 2 That the General Manager be given a delegation to approve donations under Sport Participation Program under section 377(1A) of the Local Government Act. 3 That Council adopt the following policies: • ST050 – Strategic Policy – Code of Meeting Practice • ST110 – Strategic Policy – Code of Conduct for Councillors, Committee Members, Delegates and Council Advisors • ST020 – Strategic Policy – Councillor Payment of Expenses and Provision of Facilities • ST010 – Strategic Policy – Code of Conduct - Staff	Strategic Policies come off exhibition 18 June 2019. They are included in report to Council Meeting 25 June 2019. COMPLETE
21 May 2019	CCL	6.1 ACQUISITION OF LAND - SOUTHERN FEEDER RD PART STAGE 3 TRIM REFERENCE: 2019/832 RESOLVED - 19/285 Cr S Nugent/Cr K Duffy That Council resolves: 1 That Council acquire approximately 25m2 of part Lot 79 DP979808 for construction of the Southern Feeder Road Stage 3 in accordance with the details outlined in this report. 2 That upon acquisition, the land be classified as Operational. 3 To delegate to the General Manager such authority as may be necessary or convenient to give effect to this resolution, including without limitation the affixing of the Seal of the Council on any document if required.	Deed of Agreement has been prepared and sent out to property owner. Awaiting signed Deed of Agreement before progressing to arrange for Survey Plan of Subdivision for road widening.
21 May 2019	CCL	6.2 ACQUISITION OF LAND - SOUTHERN FEEDER ROAD STAGE 3 TRIM REFERENCE: 2019/932 RESOLVED - 19/286 Cr K Duffy/Cr M Previtera That Council resolves: 1 That Council acquire approximately 18m2 of part Lot 105 DP777195 for construction of the Southern Feeder Road Stage 3 in accordance with the details outlined in this report. 2 That upon acquisition, the land be classified as Operational. 3 To delegate to the General Manager such authority as may be necessary or convenient to give effect to this resolution, including without limitation the affixing of the Seal of the Council on any document if required.	Deed of Agreement has been prepared and sent out to property owner. Awaiting signed Deed of Agreement before progressing to arrange for Survey Plan of Subdivision for road widening.
21 May 2019	CCL	6.4 RECRUITMENT OF GENERAL MANAGER POSITION TRIM REFERENCE: 2019/1012 RESOLVED - 19/288 Cr R Kidd/Cr S Romano 1 That Council appoint members of a selection panel to determine a short-list of candidates for the position of General Manager. 2 That the recruitment process as specified in the body of the report be adopted.	Recruitment consultant engaged and panel determined.
14 May 2019	CCL	2.1 DRAFT DELIVERY/OPERATIONAL PLAN 2019/20 - 2022/23 TRIM REFERENCE: 2019/816 RESOLVED - 19/273 Cr J Hamling/Cr S Munro That Council resolves: 1 To place the draft Delivery/Operational Plan 2019/20 – 2022/23 and draft Resourcing Strategy documents (Long Term Financial Plan, Workforce Management Plan and Asset Management Policy and Strategy) on public exhibition for a minimum of 28 days.	Draft documents on public exhibition until 12 June 2019. Report will be presented back to Council on 25 June 2019. COMPLETE
7 May 2019	SPC	2.4 MINUTES OF THE ORANGE HEALTH LIAISON COMMITTEE MEETING - 25 MARCH 2019 2019/658 RESOLVED - 19/262 Cr R Kidd/Cr J McRae 1 That Council acknowledge the reports presented to the Orange Health Liaison Committee at its meeting held on 25 March 2019. 2 That Council resolve recommendations 3.1 from the minutes of the Orange Health Liaison Committee meeting of 25 March 2019 being: That the presentation on Active Orange be acknowledged; 1 That the Committee’s three focus areas be: a Check – medical checks focused on Aboriginal children under the age of 5 and for the community across all age groups and demographics b Talk – talk to your neighbour, carers of other children in the sports your children participate in , become involved in a group c Move – engage in physical activity in any capacity, organised sport or individual opportunities 2 That a Sub Committee be formed to establish a brand for the Active Orange Program. 3 That the Committee meet on 29 April 2019 to progress 3 That the remainder of the minutes of the Orange Health Liaison Committee at its meeting held on 25 March 2019 be adopted.	Noted and Complete.
7 May 2019	SPC	2.1 MINUTES OF THE ORANGE REGIONAL MUSEUM COMMITTEE MEETING – 5 FEBRUARY 2019 2019/670 RESOLVED - 19/259 Cr R Kidd/Cr J McRae 1 That Council acknowledge the reports presented to the Orange Regional Museum Committee at its meeting held on 5 February 2019. 2 That Council resolve recommendations 3.1, 4.2 and 4.3 from the minutes of the Orange Regional Museum Committee meeting of 5 February 2019 being: 3.1 That Presentation on Orange 360 Promotion of Heritage Programs be acknowledged. 4.2 That members of the Committee bring back ideas to the next meeting on directing visitors into the Museum. 4.3 1 That an external solar light be installed at Emmaville Cottage. 2 That the Committee provide feedback to Museum Manager and Heritage Coordinator ways to secure and activate Emmaville Cottage and the Endeavour Room at Cook Park. 3 That the remainder of the minutes of the Orange Regional Museum Committee at its meeting held on 5 February 2019 be adopted.	Noted. Solar lighting quotation being sought. Feedback from Committee to be provided at next meeting.
7 May 2019	SPC	2.2 MINUTES OF THE SPRING HILL COMMUNITY COMMITTEE - 28 FEBRUARY 2019 TRIM REFERENCE: 2019/612 RESOLVED - 19/260 Cr K Duffy/Cr T Mileto 1 That Council acknowledge the reports presented to the Spring Hill Community Committee at its meeting held on 28 February 2019. 2 That Council determine recommendations 4.1 from the minutes of the Spring Hill Community Committee meeting of 28 February 2019 being: 4.1 That the Spring Hill Community Acton Plan be reviewed and updated. 3 That the remainder of the minutes of the Spring Hill Community Committee at its meeting held on 28 February 2019 be adopted.	Noted and complete.
7 May 2019	SPC	2.3 MINUTES OF THE CLIFTON GROVE COMMUNITY COMMITTEE MEETING - 14 MARCH 2019 TRIM REFERENCE: 2019/656 RESOLVED - 19/261 Cr K Duffy/Cr J McRae That, as there was not a quorum, Council note the recommendations made by the Clifton Grove Community Committee at its meeting held on 14 March 2019.	Noted and Complete.
7 May 2019	SPC	2.5 MINUTES OF THE NAIDOC WEEK COMMUNITY COMMITTEE - 4 APRIL 2019 2019/820 RESOLVED - 19/263 Cr K Duffy/Cr T Mileto That Council resolves: 1 To acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting of 4 April 2019. 2 The remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 4 April 2019 be adopted.	Noted and actioned. COMPLETE
7 May 2019	FPC	2.1 REQUESTS FOR FINANCIAL ASSISTANCE TRIM REFERENCE: 2019/732 RESOLVED - 19/254 Cr S Nugent/Cr R Kidd 2 That a donation of $330.00 hire-fee reduction be made from Emergent Funding and Botanic Gardens Budget to Nature Kids Orange for a School Holiday Program on 23 April 2019 and 24 April 2019.	Letter to applicant on 13 May 2019. Hire-fees reduction donation processed on 13 May 2019. COMPLETE
7 May 2019	FPC	RESOLVED - 19/255 Cr T Mileto/Cr M Previtera 3 That the donation request from Cancer Council NSW be declined.	Letter to applicant on 13 May 2019. COMPLETE
7 May 2019	FPC	RESOLVED - 19/256 Cr R Turner/Cr S Nugent That Recommendation 4, request for a donation of $1,300.00 to the Spring Hill Old Boys' Football Club, be deferred to the next meeting.	Report going back to Finance Policy Committee on 4 June 2019. COMPLETE
7 May 2019	FPC	RESOLVED - 19/257 Cr S Nugent/Cr R Kidd 1 That a donation of $2,000.00 be made from Youth Services Projects to Headspace Orange for the Youth Mental Forum on 7 May 2019.	Letter to applicant on 13 May 2019. Cash donation processed on 13 May 2019. COMPLETE
7 May 2019	ESPC	2.1 MINUTES OF THE COMPANION ANIMAL COMMUNITY COMMITTEE - 4 MARCH 2019 TRIM REFERENCE: 2019/620 RESOLVED - 19/251 Cr R Kidd/Cr S Nugent 1 That Council acknowledge the reports presented to the Companion Animals Community Committee at its meeting held on 4 March 2019. 2 That Council determine recommendations 3.2, 3.3 and 4.1 from the minutes of the Companion Animals Community Committee meeting of 4 March 2019. 3 That the remainder of the minutes of the Companion Animals Community Committee at its meeting held on 4 March 2019 be adopted.	Noted and actioned. COMPLETE
7 May 2019	ESPC	2.2 MINUTES OF THE ENVIRONMENTAL SUSTAINABILITY COMMUNITY COMMITTEE MEETING - 12 APRIL 2019 TRIM REFERENCE: 2019/835 RESOLVED - 19/252 Cr S Nugent/Cr K Duffy 1 That Council acknowledge the reports presented to the Environmental Sustainability Community Committee at its meeting held on 12 April 2019. 2 That Council resolve recommendations 3.1 to 3.7 from the minutes of the Environmental Sustainability Community Committee meeting of 12 April 2019 being: 3.1 That: 1 The ESCC acknowledge the Council staff for their involvement in the tour. 2 An extended tour of the full Ophir Road facility and the facility at Euchareena Road be organised for some time in the future. 3.2 1 That The water update information presented by Council’s Water and Sewerage Strategic Manager be acknowledged by the Committee. 2 That Further investigation be done in regards to smart water meters for residential sectors in the City. 3.3 That the Environmental Sustainability Community Committee present their ideas by email in regards to the development of a Sustainability Rewards Scheme for Businesses to the Director Development Services. 3.4 That the Committee create a Zero-Emissions Vehicles sub-committee, following interest of four Committee Members present. 3.5 1 That a report is prepared for Council in relation to the requirements for an Energy Conference event to happen in Orange in 2020. 2 That the report information presented by Robert Alford is acknowledged. 3.6 1 That all Members of the ESCC complete a background questionnaire and Council staff investigate the creation of a Committee Database. 2 That the Sub-Committees of the ESCC work in conjunction with one another to prepare a project update for 2018/19. 3.7 1 That Council’s Environmental Sustainability Community Committee investigate and prepare a report on Orange transitioning to a Water Sensitive City. 2 That an investigation into future development of the Stormwater Harvesting Scheme be included in the Council’s review of the Integrated Water Cycle Management (ICWM) report when it is next updated. 3 The ESCC request a report be prepared by Council staff on implementing mandatory water tank installation for new developments and how this correlates with the current water management the city has in place. 4 Discussion items/reports on Permeable Surfaces and Kearneys/McFawn Place Project are presented at the next committee meeting. 5 The remainder of the report be acknowledged. 3 That the remainder of the minutes of the Environmental Sustainability Community Committee at its meeting held on 12 April 2019 be adopted.	Complete. Complete. A date is to be set by Manager Waste Services and Technical Support. Acknowledged. Underway by Water and Sewer Strategic Services Manager. To be provided during week of 17 June 2019. Kate Hook of ESCC to convene. To be facilitated. Acknowledged. Underway. Underway – next ESCC meeting. Underway – next ESCC meeting. Complete.
7 May 2019	SRPC	2.1 ORANGE EX-SERVICES’ CLUB - AQUATIC CENTRE TRIM REFERENCE: 2019/833 RESOLVED - 19/248 Cr R Kidd/Cr S Nugent That Council not continue with the feasibility study of OESC. RESOLVED - 19/249 Cr S Munro/Cr K Duffy That Council proceed with a feasibility study for the expansion of the Orange Aquatic Centre.	Rescission Motion on resolution 19/248 went to Council Meeting of 4 June 2019. COMPLETE
7 May 2019	IPC	2.2 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE MEETING - 9 APRIL 2019 TRIM REFERENCE: 2019/750 RESOLVED - 19/245 Cr R Turner/Cr T Mileto That Council resolves: 1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 9 April 2019. 2 Recommendations 3.1 to 3.4 from the minutes of the City of Orange Traffic Committee meeting of 9 April 2019 being: 3.1 That Council reduces the speed limit to 40km/h in the areas shown on Annexure A and permits parking along the western side of Leeds Parade during 11 and 12 May 2019 for the Orange Show; 3.2 1 That "Restricted Parking" signs be added to the "Long Vehicles Only" signs on Peisley Street outside the Library complex (opposite JAX Tyres) and that these signs stipulate vehicles longer than 6m. 2 That "No Stopping" signs be installed (with 2 way arrows) in the middle of the street outside 69 and 73 Dalton Street, and painted parking lines in the middle of the street to be removed. 3 That “Restricted parking area” sign with the white lower section showing the wording “Electric Vehicle Charging only. 1 hour limit.” be installed following the establishment of the electric charging stations in Peisley Street. An “End restricted parking area” sign to be established where that zone finishes. Appropriate angle or parallel parking signage, as per design on bays.	Resolutions currently being actioned.
		4 That consideration of changes to the existing “Caravan Parking Only” section of Byng Street outside the museum complex be deferred to the next meeting of the City of Orange Traffic Committee. 3.3 1 That “2 hour parking limit” signs be implemented in Dora Street, south side of the street beginning at the edge of the driveway at 20 Dora Street and extending to the corner of William Street and returned along William Street between the corner of Dora Street and the No Stopping zone leading up to the Bathurst Road intersection. 2 That consideration of a Residential Parking Scheme for the residents at 4-18 Dora Street be deferred to the next meeting of the City of Orange Traffic Committee. 3.4 1 That the western side of Maxwell Avenue between the two intersections of Tobruk Crescent be re-zoned to ½ Hour Parking between 8am–9.30am, and 2.30pm–4pm (school zone hours). 2 That the “No Parking” zone on the east side of Maxwell Avenue, between the taxi zone and the first prescriptive sign pole to the east to be active between 8am 9.30am and 2.30pm–4pm. 3 That the remaining current “No Parking” zone east of that pole be rezoned to ½ Hour Parking between 8am–9.30am and 2.30pm–4pm. 4 That cross-hatch road marking be applied to the “No Stopping” zone to make it more obvious to drivers. 5 That pedestrian threshold road markings be applied to the school crossing area. 6 That “Kiss and Go” signs be added to the “No Parking” signs to better describe to drivers the purpose and allowable use of the “No Parking” area.
7 May 2019	IPC	2.1 MINUTES OF THE ORANGE AND CABONNE ROAD SAFETY COMMUNITY COMMITTEE MEETING - 6 MARCH 2019 TRIM REFERENCE: 2019/682 RESOLVED - 19/244 Cr S Nugent/Cr S Munro 1 That Council acknowledge the reports presented to the Orange & Cabonne Road Safety Community Committee at its meeting held on 6 March 2019. 2 That Council resolve recommendations 4.1 from the minutes of the Orange & Cabonne Road Safety Community Committee meeting of 6 March 2019 being: 4.1 That Road Safety social media be shared on Orange City Council Facebook page, Twitter, and other relevant websites. 3 That the remainder of the minutes of the Orange & Cabonne Road Safety Community Committee at its meeting held on 6 March 2019 be adopted.	Noted and actions complete – social media campaign commenced - COMPLETE
7 May 2019	CCL	6.2 TENDERS FOR CONSTRUCTION OF ANIMAL SHELTER AND ASSOCIATED CIVIL WORKS TRIM REFERENCE: 2019/828 RESOLVED - 19/270 Cr G Taylor/Cr K Duffy That Council resolves to: 1 Approve the General Manager, or his nominee, to enter into a standard contract with DDM (NSW) Pty Ltd for the construction of an Animal Shelter and Associated Civil Works at 36 Astill Drive Orange, for the amount of $751,967, exclusive of GST, as per the design alternative submitted 8 April 2019; and 2 Grant permission to the General Manager or nominee to do such things as may be necessary or convenient to give effect to this decision, including the affixing of the Council Seal to all relevant documents if required.	Letter given to successful tenderer. Contracts being finalised at the moment.
7 May 2019	CCL	6.3 STAFF MATTER 2019/910 RESOLVED - 19/271 Cr R Kidd/Cr J McRae That Council resolves: 1 To accept Mr Garry Styles’ resignation from employment as General Manager of Orange City Council with effect on and from close of business on Friday, 10 May 2019. 2 That the terms of Mr Styles’ resignation (as proposed by Mr Styles) are to be confirmed in writing pursuant to subclause 10.3.1 of Mr Styles’ contract of employment, with such terms to remain confidential to the Council and Mr Styles. 3 To thank Mr Styles for his service to the Council and wishes him well in his future endeavours. 4 To appoint Mr David Waddell to be the Council’s Acting General Manager until the appointment of a new General Manager or until further resolution of the Council, whichever occurs first.	COMPLETE
7 May 2019	CCL	4.2 NOTICE OF MOTION - MUMS 4 REFUGEES TRIM REFERENCE: 2019/880 RESOLVED - 19/265 Cr T Mileto/Cr S Munro That Council notes that: 1 We live in a world where people have no option but to flee their homes and countries, and that globally resettlement options for these people are rare and over-subscribed. 2 All countries, especially the wealthiest like Australia, need to do their fair share by welcoming refugees in any way they can. 3 Refugees and migrants have made and continue to make a positive contribution to Australia, our economy and our communities. 4 We thus need to urgently create more opportunities for safe and effective resettlement of refugees and people seeking asylum in our communities, including in regional areas. 5 As recommended by the Refugee Council of Australia, the first non-legally binding step is for our Council to declare our Local Government Area a Refugee Welcome Zone. And consequently, resolves that: 1 Orange City Council is a community which welcomes refugees. 2 Orange City Council signs the declaration to become a Refugee Welcome Zone, joining over 148 Local Government Areas nationwide.	Certificate has been designed and printed, ready for signing at the Refugee Week celebration at the Orange Regional Museum on Friday 21 June 2019 at 6pm. COMPLETE
7 May 2019	CCL	4.1 RESCISSION MOTION - FUNDING REQUEST FOR ORANGE SHOW SOCIETY 2019/822 RESOLVED - 19/264 Cr R Turner/Cr T Mileto 1 That Council rescind the loss of an amendment put to the Council Meeting of 2 April 2019. The amendment read ‘That a donation of $5,000.00 be made to the Orange Show Society for the Orange Show - 11-12 May 2019.” 2 The Council resolves to: a approve a donation of up to $5,000 to the Orange Show Society for the total cost of hire of temporary stables following submission by the Society of a minimum of 2 quotes for the stable hire and a certified copy of their bank accounts to the Council; and b set aside the approved Donations Policy with respect to this donation on the ground that the Orange Show is an important institution in the community and the Society does not have sufficient funds to pay the cost of the stable hire from its own funds; and c direct the General Manager to submit a budget variation to the 3rd quarter review identifying a source of funds for this expenditure.	Actioned. COMPLETE
7 May 2019	CCL	5.1 STRONGER COUNTRIES COMMUNITY FUND - ALTERNATIVE PROJECT TO ROBERTSON PARK TOILET TRIM REFERENCE: 2019/838 RESOLVED - 19/267 Cr G Taylor/Cr K Duffy That Council resolves: 1 That a report be presented to the Council Meeting on 4 June 2019 addressing alternate options for the installation of toilet facilities at: a Robertson Park b Perry Oval c John Lomas Skate Park d Glenroi Oval e Orange Showground 2 To address the cost and benefit analysis of each option including, in the case of Robertson Park, the heritage options along with the average park usage at each site and the distance to other publically available toilet facilities.	Report tabled. Resolved to defer item until after the proposed meeting with CWA.
7 May 2019	CCL	6.1 HOCKEY AUSTRALIA - FESTIVAL OF HOCKEY (INDOOR) TRIM REFERENCE: 2019/834 RESOLVED - 19/269 Cr J Hamling/Cr M Previtera That Council resolves to confirm its expression of interest to host the 2020 Festival of Indoor Hockey.	EOI lodged. Advised EOI was unsuccessful. COMPLETE
16 April 2019	CCL	6.1 LEASE NSW TELCO AUTHORITY - 181 ICELY ROAD TRIM REFERENCE: 2019/615 RESOLVED - 19/237 Cr G Taylor/Cr K Duffy That Council resolves: 1 To enter into a lease with NSW Telecommunication Authority for a period of 5 years plus 3 options to renew for a period of 5 years each of part of the Water Treatment Plant at 181 Icely Road, Orange with rental commencing at $11,000 per annum increased annually. 2 To grant approval for the use of the Council Seal on any necessary documentation.	Lease being prepared by Solicitor.
2 April 2019	CCL	4.3 NOTICE OF MOTION - COST ESTIMATE - PARKS AND GARDENS UPGRADE TRIM REFERENCE: 2019/633 RESOLVED - 19/221 Cr R Kidd/Cr G Taylor That Council resolves that: 1 Council staff provide a cost estimate that subject to a budget bid the following actions to be completed within the 2019-2020 financial year within the City: a removal and replacement of all identified dead trees; b removal of all deadwood within trees; c enhancement planting and where appropriate irrigation for street gardens, roundabouts and blisters; and d installation of entrance planting. 2 Council provide concept designs and costing for entrance signage to the City with final design to be determined by Council. 3 That the above refined budget request be submitted for consideration in the approved Council budget development process. 4 Council again write to Essential Energy to request that trees pruned by contractors are required to shape the tree evenly and not take one side out and leave the tree imbalanced which promotes imbalance in growth and poor appearance.	Information provided to Councillors as a component Integrated planning and reporting document being presented to Council on 14 May. COMPLETE
19 Mar 2019	CCL	4.1 NOTICE OF MOTION - FREE WIFI ORANGE AIRPORT TRIM REFERENCE: 2019/527 RESOLVED - 19/183 Cr T Mileto/Cr J Hamling That Council resolves to investigate the feasibility and cost associated with installing free WIFI at the Orange Airport for the convenience of all users/passengers.	Council has received a grant to install WIFI at the Airport.
19 Mar 2019	CCL	6.1 ACQUISITION OF LAND - 1 CHERRYWOOD CLOSE ORANGE TRIM REFERENCE: 2019/442 RESOLVED - 19/193 Cr J Hamling/Cr R Turner That Council resolves: 1 To acquire approximately 1,509m² of part Lot 42 DP 788920 for construction of the Southern Feeder Road in accordance with the details outlined in this report. 2 That upon acquisition, the land be classified as Operational. 3 To delegate to the General Manager such authority as may be necessary or convenient to give effect to this resolution, including without limitation the affixing of the Seal of the Council.	Plan lodged for registration. COMPLETE
19 Mar 2019	SPC	2.5 MINUTES OF THE LUCKNOW COMMUNITY COMMITTEE MEETING - 7 MARCH 2019 TRIM REFERENCE: 2019/508 RESOLVED - 19/218 Cr K Duffy/Cr M Previtera 1 That Council acknowledge the reports presented to the Lucknow Community Committee at its meeting held on 7 March 2019. 2 That Council determine recommendations 3.1 and 4.1 from the minutes of the Lucknow Community Committee meeting of 7 March 2019 being: 3.1 That the discussion on Signage be acknowledged. 4.1 1 That the report on the Wentworth Mine Picnic Day be acknowledged. 2 That investigations take place into a trial period of Wentworth Mine Opening every second weekend during summer months. 3 That the remainder of the minutes of the Lucknow Community Committee at its meeting held on 7 March 2019 be adopted.	Minutes actioned. Awaiting quote for additional signage. Wentworth Mine Picnic Day held Saturday 27 April. Investigations taking place regarding trial period of Wentworth Mine opening every second weekend during summer months. Report to be take back Lucknow Community Committee with outcome/recommendation.
18 Dec 2018	CCL	4.2 NOTICE OF MOTION - GLENROI OVAL BY CR S NUGENT AND CR J HAMLING TRIM Reference: 2018/2976 RESOLVED - 18/582006 Cr S Nugent/Cr J Hamling That Council: 1 Develop a master plan for the future development of Glenroi Oval, and connected public space, with the aim of maximising its safe use for sporting and recreation purposes, minimising vandalism and other anti-social behaviour, and developing a sense of local ‘ownership’ and responsibility for the area. 2 Consider an annual budget for the development and implementation of the master plan.	Council will extend invitations to work with the community to develop a masterplan for the site with Council Staff, including Councillors, Glenroi Community Group, Orange Hockey Association, Glenroi School, Orange Aboriginal Working Party, Youth Action Group and other community members. Meeting to be scheduled for early February to be held at Glenroi Community Centre. Councillors to be considered as part of the budget process for 19/20.
18 Dec 2018	CCL	4.6 NOTICE OF MOTION - SECURITY AT ORANGE AIRPORT BY CR S ROMANO AND CR M PREVITERA TRIM Reference: 2018/3135 RESOLVED - 18/586 Cr S Romano/Cr M Previtera That Council staff actively pursue additional lighting, cameras and formalised car parking at the Orange Airport, to act as a deterrent to thieves.	Council has received a State Government grant to construct a secured carpark. Awning in front of the terminal. And also a terminal upgrade including work stations etc. There is a budget allocation for car park extension in the 2019/2020 Budget.
4 Dec 2018	CCL	3.1 RECREATIONAL USE OF GOSLING CREEK, SPRING CREEK AND SUMA PARK DAMS - REPORT FOLLOWING PUBLIC EXHIBITION TRIM REFERENCE: 2018/2649 RESOLVED - 18/542 Cr K Duffy/Cr M Previtera 1 That Council permit event camping on the northern side of Gosling Creek within a designated area at times determined by Orange City Council as not to conflict with events or activities. 2 That Council permit event RV parking within established carparks at Gosling Creek at times determined by Orange City Council as not to conflict with events or activities.	To give effect to the resolution Council will be required to amend the Gosling Creek Plan of Management. To do so will require the amended Plan of Management be exhibited for 28 days. Report went back to Council on 4 June 2019.
14 Aug 2018	PDC	2.10 Orange Local Environmental Plan 2011 - Amendment 17 'Towac Equine Precinct' RESOLVED - 18/007 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.	Exhibition now closed. Nine submissions received, being reviewed for issues. To be reported to Council in July.
7 Aug 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.	Event held within Regional Tech expo. COMPLETE

Council Meeting 25 June 2019

5.4 Adoption of Integrated Planning and Reporting Documents - Delivery/Operational Plan 2019/20 to 2022/23 and Resourcing Strategy

TRIM REFERENCE: 2019/1107

AUTHOR: David Waddell, Acting General Manager

EXECUTIVE Summary

At the Extraordinary Council meeting on 14 May 2019 the following was resolved:

RESOLVED - 19/273 Cr J Hamling/Cr S Munro

That Council resolves:

1 To place the draft Delivery/Operational Plan 2019/20 – 2022/23 and draft Resourcing Strategy documents (Long Term Financial Plan, Workforce Management Plan and Asset Management Policy and Strategy) on public exhibition for a minimum of 28 days.

The Delivery/Operational Plan delivers:

1. An operating surplus of $158,152 for the general fund

2. $59.5 million in capital expenditure in the general fund

3. $0.35 million surplus in the overall cost to Council

4. Operating surpluses in water ($1.0 million) and sewer funds ($1.2 million) inclusive of capital works totalling $8.0 million and $6.0 million respectively in the 2019-20 financial year. Surpluses in these funds are accumulated to meet future capital costs as the city grows modelled over a 30 year plan.

Council is again undertaking an ambitious program and has secured funding or seeking external funding to enable it to deliver projects for the Orange community. Key projects include:

· $15.5 million towards a CBD upgrade (plus $15 million in year 2);

· $15.1 million for the Southern Feeder Road Stage 2 ($10.6M secured);

· $3.7 million for the Gallery extension ($4M secured);

· $5.1 million for the NDR/William Maker Drive roundabout ($2.35M secured);

· $2.8 million for further Forest Road upgrades;

· $1.5M for Animal Shelter;

· $1.8 million for the Cricket Centre of excellence ($1M secured);

· $2 million for Wade Park developments;

· $1.3 million for the Canobolas scout camp ($1.55M secured); and

· $165,000 for the support of community organisations and events as part of the donations and sponsorship budgets.

In formulating the plans the guidance of Council in terms of program, project and grant priorities have been included where possible and fiscally responsible. This has included the allocation of funding to enable Council to continue to pursue grants for projects such as the CBD upgrade and the provision to seek leverage for further funding for Wade Park.

Council has recently been advised of the successful application to the NSW Government for $2.35 million towards the NDR/William Maker Drive roundabout and $1.55 million for security and passenger enhancements at the Airport. These projects and their expected funding sources were already included in the budget and as such do not affect the bottom line position.

Those priorities and ideas which haven’t been able to be afforded at this stage will be further reviewed as Council continues to look at opportunities going forward at quarterly reviews and subsequent plans as they provide a valuable ledger of community wishes.

Key points to note

1. In bringing forward some key projects the Plan is ambitious and will require some loans (Animal Shelter and Southern feeder road) as well as significant effort in some cases to achieve co-funding and grants. The use of additional loans will result in Council’s debt ratio continuing to meet the NSW Government benchmark, assisted by the retirement of an existing loan in late 2018/19.

2. It is considered that Council should be ambitious in pursuing a large project and service agenda, making the most of leverage funding opportunities to lift outcomes for the community.

3. At an operational budget level, Council has made savings on areas such as phone charges (50k) and computer leases (20k), however some costs have risen well above the typical 1.8 per cent rise afforded in the budget, particularly in terms of the emergency services levy (100k), electricity charges (400k) and insurance costs (20k).

4. In 2018/19 the Council responded to the China Sword Policy and consequent ramifications on recycling operations impacted both domestically and on a global scale by requesting assistance from the State Government to support the Orange community with interim funding and assistance via a one-off $47 million assistance package. Under the scheme, assistance was only available up to a four month period ending 31 August 2018.

The Council is continuing to support the advocacy effort of Local Government NSW to identify a sustainable long-term solution to the problem that reduces the burden on Orange ratepayers. However, in the interim, ongoing processing costs of $60.00/tonne will have to be met through a necessary increase on the domestic recycling charge. This has been reflected in the proposed 2019/20 user fees and charges.

5. There is currently no provision in the budget or user fees and charges for a bulk waste collection service. Council can choose to include this initiative.

6. No provisions have been made for “Election Promises” that have yet to be formalised through State and Commonwealth government processes. This includes commitments for the Sporting Precinct and the Conservatorium Planetarium Projects.

7. Further additional operational levels of service are proposed in areas such as city presentation to meet the demands of continued growth in population.

This has resulted in a low level of operating surplus in the General Fund and a moderate level of surplus in the utility funds to contribute towards meeting future needs. The summary result of the various funds including items within this report is:

Operating Result (by Fund)
	2019/2020 Proposed	2020/2021 Proposed	2021/2022 Proposed	2022/2023 Proposed
General Fund	(158,152)	(414,973)	(568,787)	(824,801)
Water Fund	(1,042,944)	(1,098,088)	(1,135,814)	(1,244,712)
Sewer Fund	(1,205,656)	(1,240,073)	(1,226,041)	(1,312,797)

Total (All Funds)	(2,406,752)	(2,753,134)	(2,930,642)	(3,382,310)

Overall Result (by Fund)
	2019/2020 Proposed	2020/2021 Proposed	2021/2022 Proposed	2022/2023 Proposed
General Fund	(258,074)	(641,060)	(63,643)	(558,243)
Water Fund	(50,220)	(2,578,644)	(3,600,399)	(65,575)
Sewer Fund	(40,818)	(52,963)	(2,471,379)	(309,543)

Total (All Funds)	(349,112)	(3,272,667)	(6,135,421)	(933,361)
Note: Positive amounts equal a deficit result

This report seeks Council’s adoption of the suite of Integrated Planning and Reporting (IP&R) documents, being:

· 2019/20 - 2022/23 Delivery/Operational Plan

· Resourcing Strategy incorporating the Long-Term Financial Plan, Workforce Management Plan, Asset Management Policy and Strategy.

Link To Delivery/OPerational Plan

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

Financial Implications

The proposed Delivery/Operational Plan identifies the operational and subsequent budgetary impacts arising in the delivery of the proposed levels of service.

Policy and Governance Implications

The Local Government Act 1993 requires Council to exhibit the documents for a minimum of 28 days. The documents were exhibited for 28 days from 15 May.

The draft suite of documents has not been reproduced with this report, however following Council’s adoption of the documents, they will be updated and a full copy supplied to all Councillors and made available on Council’s website.

Recommendation

That Council resolves:

1 In accordance with Sections 534, 535, 537 and 538 of the Local Government Act 1993, to adopt the following structure for rating purposes for the period 1 July 2019 to 30 June 2020, and make the ad valorem rate in the dollar and base amount as detailed in the table below, noting that land value to be used is based on the valuation date of 1 July 2016 and supplementary information provided since that date, for the rateable land in the Orange Local Government Area, as follows:

Ordinary Rates	No. of assessments	Value of assessments $M	Ad Valorem Amount	Base Amount	Base Amount % of Total	Estimated Yield $
Residential	16,161	1,967	0.006037	696.10	48.65%	23,123,250
Residential – Rural Residential	509	185	0.003392	696.10	36.06%	982,552
Residential – Clifton Grove	229	64	0.004403	696.10	36.23%	440,035
Residential – Ammerdown	43	13.5	0.005238	696.10	29.64%	100,970
Residential – Village	190	21	0.003783	413.15	49.74%	157,825
Farmland	371	261	0.001699	696.10	36.77%	702,415
Business	1,275	558	0.012786	696.10	11.07%	8,016,762
Business – Village	18	2	0.004006	391.25	49.88%	14,120
Special Rates
Orange Central Business Area	325	154	0.004474	N/A	N/A	688,779
					TOTAL	$34,226,708

2 To adopt the Schedule of Fees and Charges as listed in the exhibited draft Delivery/Operational Plan for the period 1 July 2019 to 30 June 2020, provided that such changes may be varied by any alteration to the Local Government Act 1993 or Local Government (General) Regulation as directed by the NSW Government and subject to Council having the right to vary fees charged during the year subject to the required exhibition processes being observed, with the following amendments to be re-advertised and exhibited for 28 days, noting these are the ex GST amounts:

a The Family Day Care ‘Before and After School Care’ fee change from $8.10-$10.70 to $8.10-$13.10 (ex GST)

That the fees and charges for the Companion Animals Act as circulated by the NSW Government be amended and adopted as follows (ex GST):

· Companion Animals – For a de-sexed animal – from $57.00 to $58.00

· Companion Animals – For a de-sexed animal owned by an eligible pensioner – from $24.00 to $25.00

· Companion Animals – For a de-sexed animal sold by eligible pound or shelter – from $28.50 to $29.00

· Companion Animals – For an animal not de-sexed – from $207.00 to $210.00

· Companion Animals – Animal not de-sexed but kept by a recognised breeder for breeding purposes – from $57.00 to $58.00

3 That the following expenditure for the period 1 July 2019 to 30 June 2020 be voted in accordance with the requirements of Clause 211 (2) of the Local Government (General) Regulation 2005:

2019/20	General Fund	Water Supply	Sewer Operations	All Funds
Operational Expenditure	$75,193,879	$14,440,640	$10,238,513	$99,873,032
Capital Expenditure	$59,489,170	$7,964,116	$6,037,820	$73,491,106
Loan Repayments	$2,657,982	$274,701	$150,028	$3,082,711
TOTAL	$137,341,031	$22,679,457	$16,426,361	$176,446,849

4 To adopt the:

a 2019/20 – 2022/23 Delivery/Operational Plan

b Resourcing Strategy incorporating the Long-Term Financial Plan, Workforce Management Plan, Asset Management Policy and Strategy

5 That the Councillor allowance be set at $20,280 and the Mayoral Allowance be set at $44,250 for 2019/20, being the maximum allowable for Regional Rural councils as determined by the Local Government Remuneration Tribunal.

further considerations

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

Service Delivery	The Delivery/Operational Plan identifies levels of service for the range of Council’s operations. These levels of service are also identified as part of the Asset Management Strategy and Plans. The Delivery/Operational Plan identifies key projects and services Council will deliver over the term of the Plan, and quarterly performance indicators will provide a measure of Council’s performance in achieving these objectives.
Image and Reputation		The Delivery/Operational Plan is a pledge to the community to deliver an agreed level service, initiatives and projects over the next four years.
Stakeholders		The Delivery/Operational Plan identifies key agencies and other groups that are stakeholders in key Council activities. The Plan identifies the range of government agencies that provide advocacy, funding and partnerships to Council.

SUPPORTING INFORMATION

Delivery/Operational Plan

The Delivery Plan must cover a four year period and is designed to illustrate the tasks that will deliver the objectives and strategies as depicted in the Community Strategic Plan.

The Operational Plan has to show the current year of the four years depicted in the Delivery Plan. Given the duplication of information, Orange City Council, like a number of other councils, has determined to combine the Delivery and Operational Plans into one document.

The combined Delivery/Operational Plan presents the first four years of the 10 year Long Term Financial Plan that is a required element in the Resourcing Strategy within the Integrated Planning and Reporting framework as required under the Local Government Act 1993 (NSW).

Many of the actions and performance measures in the existing Delivery/Operational Plan have been carried forward in the 2019/20 - 2022/23 Delivery/Operational Plan.

Assumptions used in preparing the Delivery/Operational Plan are as follows:

· Rating increase as set by NSW Government – 2.7% in 2019/20, 2.5% thereafter

· NSW Local Government Award salary increases – 2.5% in all years

· Consumer Price index increment – 1.8% in 2019/20, 2.5% thereafter

· Water charges – increase 1.8% in 2019/20, 2.5% thereafter

· Sewer charges – increase 1.8% in 2019/20, 2.5% thereafter

· Superannuation – increase as per required – 9.5% in all years (future increases when confirmed will be factored into the forward budget years)

· Continuation in budgeting of the Financial Assistance Grant

Donations

The proposed donations allocations are based on the current donations policy. The major change in the program at this time will be to add the general donations and emergent funding pools together and offer quarterly funding rounds to make the system easier for community members to access. At present applicants must submit an application in February for an event that may be held in June the following year. This tends to disadvantage smaller groups. This does not require a change to the existing policy. All donation areas over the four years in the Delivery/Operational Plan are shown below.

Category	2019/20	2020/21	2021/22	2022/23
General Donations	60,000	60,000	60,000	60,000
Sports Facility grants	50,000	50,000	50,000	50,000
Sports Participation program	13,900	13,900	13,900	13,900
Donation to Orange Harness Racing	20,000	20,000	20,000	20,000
Emergent funding requests	20,000	20,000	20,000	20,000

Issues raised by Councillors at briefing sessions and follow up requests from matters raised at briefing sessions

Councillors were consulted through briefings during the exhibition period where a number of initiatives not included in the exhibited papers were considered. Some initiatives were brought forward by Councillors whilst others were in response to submissions received during the exhibition period.

The draft Delivery/Operational Plan discussions by Councillors at these briefings and in subsequent requests has resulted in the changes detailed in the tables below and have been included in the 2019/20 Delivery/Operational Plan since the draft went on exhibition.

Councillors are yet to make a decision on the reintroduction or otherwise of bulk waste collection services, however regardless of their decision, it is assumed that any service will be cost neutral as users of the service will pay for the cost of the service.

These items are subject to Council direction. Should they not proceed or proceed in a different form the adjustments will be processed in future quarterly reviews.

General Fund Operating Result

	Opening general fund surplus operating result		($75,152)

ADD	Likely withdrawal from and windup of Evocities	($100,000)
	Deferral of corporate services restructure	($260,000)
			($435,152)

LESS	Increase in emergency services levy	$95,000
	Health Committee Healthy Orange Project	$30,000
	Local housing study	$35,000
	Flying fox management	$5,000
	Orange heritage study	$30,000
	Biodiversity mapping	$20,000
	Purchase of dragon sculpture at Cook Park	$2,000
	Lockers at the aquatic centre	$5,000
	Lighting for Huntley Rd building surrounds SJBP	$5,000
	Bulk waste collection (assuming user pays)	$0
	Line marking maintenance of bike lanes	$10,000
	Approval process for Spring Creek dam access	$30,000
	Master planning at former BMX site	$10,000
	Closing general fund surplus operating result		($158,152)

General Fund Overall Cost to Council

	Opening general fund overall cost to council		($500,074)

ADD	Movement in general fund operating result	($83,000)
			($583,074)

LESS	Wentworth playground improvements	$30,000
	Accessible swings at Cook Park and Lake Canobolas	$60,000
	Fencing of off-leash area in North Orange	$15,000
	New footpath construction (additional funding)	$100,000
	Heritage Projects	$25,000
	Player shelters at Sir Jack Brabham Park	$95,000
	Closing general fund overall cost to council		($258,074)

There have been no changes made to the 2019/20 Delivery/Operational Plan for the water fund or sewer fund.

Public Exhibition

The draft Community Strategic Plan, Delivery/Operational Plan and Resourcing Strategy were placed on public exhibition from 15 May 2019 to 12 June 2019. Over that time, a number of opportunities were provided to the community to provide information and encourage submissions including:

· Media releases

· E-news

· Social media including Council’s Facebook page

· Newspaper advertising

The information was focussed on driving traffic to Orange Your Say site. During the exhibition period there were:

· 1,400 visits to the site. Of those, 1,103 were aware participants (they visited the site),

· 462 were informed (they downloaded documents or viewed multiple pages) and

· 129 were engaged (they undertook a survey or posted in the guestbook.

A summary of the main themes of the submissions and Council’s response follows.

Submission topic	Council Response
Enhancement of Wentworth Estate Playground	$30,000 allocation added to 2019-20 Delivery/Operational Plan
Enhancement of play equipment at various parks	Delivery/Operational Plan includes a $60,000 for enhancement / new playgrounds
Summer Street Enhancement	Will be considered in Future City Project
Upgrade to Woolworths Carpark for safer pedestrian access	Will be considered in Future City Project
More walking / Running tracks	Will be considered in Future City project.
Leash Free areas	$15,000 allocation added to 2019-20 Delivery/Operational Plan
Pedestrian refuges at OPS and traffic management	Will be considered in Future City project
Maintenance of bike lanes	$10,000 allocation added to 2019-20 Delivery/Operational Plan
Enhancement of plantings in CBD and Roundabouts	Delivery/Operational Plan includes a $250,000 allocation for city presentation enhancement.
Footpaths in specific locations	Delivery/Operational Plan includes a maintenance program. $100,000 allocation added to 2019-20 Delivery/Operational Plan for new footpaths. Locations to be decided utilising a risk and demand matrix developed by Council
“Big Ticket” event	Council investigating a major event for Orange
Bulky Waste	Council to consider if a Bulky Waste pick up will be reintroduced and the mechanism to meet that cost e.g. user pays.
Enhance pedestrian routes across city	Will be considered in Future City project.
Standards Australia subscription to Orange City Library	Available on demand from Orange City Library
Lights at Lomas Skate Park and seating upgrade	Will be included in future grant applications under Stronger Country Communities Fund and other grant programs
Lighting at the Moulder Park Velodrome	Will be included in future grant applications under Stronger Country Communities Fund and other grant programs
Naylor Pavilion enhancement – toilets, kitchen	Will be included in future grant applications under Stronger Country Communities Fund and other grant programs
Public toilets in parks	Currently under consideration by Council

There was general support for council initiatives and projects in the draft Delivery/Operational Plan. The full survey results can be found in the attachments to this report.

SUBMISSIONS

Arising from the exhibition period, Council has received a four formal written submissions. A copy of each written submission has been provided as an attachment to this report.

Submissions Summary

Submission 1
Received from	Scrabble Group
Request Reduction in fees for hiring hall for Scrabble group
Staff Comment Staff recommend that the current arrangement of 10 free uses of a hall is sufficient and that no amendment is required. Should the Scrabble club wish to seek a donation to meet the future hire fees they can do so under Council’s donation policy
Recommendation	No further action required.

Submission 2
Received from	Put Orange First
Request Council support for a range of initiatives raised by businesses
Staff Comment Council continues to support business and business groups through a range of forums including Council’s Economic Development Community Committee. The Future City Initiative addresses a number of the areas raised in the submission. Council to consider how it will support other suggestions.
Recommendation	No further action required.

Submission 3
Received from	Central West Women’s Forum
Request The applicant is seeking a donation of $10,000 towards the cost of holding quarterly meetings with inspirational speakers to establish a strong region known for its commitment to excellence in leadership.
Staff Comment Council staff have directed the group to make application under Council’s donation program.
Recommendation	No further action required.

Submission 4
Received from	Neighbourhood Group – Wentworth Estate
Request A petition received from residents requesting an upgrade of the playground in Sterling Avenue.
Staff Comment $30,000 has been added to the 2019-20 Delivery Operational plan – subject to Council approval.
Recommendation	No further action required.

Attachments

1 Project Detailed Report Budget 2019 Exhibition 12 May 19 To 12 June 19, D19/35615 ⇩

2 Submission - fees and charges - Scrabble Club, IC19/11656 ⇩

3 Put Orange First Council Submission, IC19/12424 ⇩

4 Final Submission to OCC Budget CWWF, D19/36240 ⇩

5 Wentworth Estate Playground Petition, IC19/12428 ⇩

EXECUTIVE SUMMARY

Council's consent is sought for a new building, alterations and additions to an existing building and electricity generating works at 346 Leeds Parade, Orange. The land is described as Lot 301 DP 1047282 and is known as the Charles Sturt University, Orange Campus, identified in Figure 1 below. The land is subject to a heritage item pursuant to Schedule 5 of the Orange LEP.

Figure 1: locality plan

The proposed development will occur in two locations upon the site, in an established educational precinct with existing buildings, pathways and plantings throughout the site. Three distinct developments are proposed as part of the application, being:

(a) Development of a new academic hub building, a three level building designed to integrate with the topography of the location and minimise earthworks.

(b) Alterations and additions to the existing Health Sciences Active Based Learning Building by extending to the east and south.

(c) Installation of roof mounted solar panels on both roofs of the academic hub building with an estimated capacity of 110 (kW).

The application is nominated development by/or on behalf of the Crown. Relevantly, Council’s obligations for Crown development are discussed below.

Pursuant to Schedule 7 of the State and Regional Development SEPP, the development is considered regionally significant development due to the development having a capital investment value over $5 million for Crown development, and is therefore required to be determined by a Joint Regional Planning Panel, as per Section 4.5(b) of the Environmental Planning and Assessment Act 1979.

This report recommends approval of the subject development. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

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.

FINANCIAL IMPLICATIONS

Nil

POLICY/GOVERNANCE IMPLICATIONS

Nil

RECOMMENDATION

That the Western Joint Regional Planning Panel consents to development application DA 118/2019(1) for Educational Establishment (new building, alterations and additions to existing building) and electricity generating works at Lot 301 DP 1047282 - 346 Leeds Parade, Orange pursuant to the conditions of consent in the attached Notice of Approval.

THE LAND

The land is legally described as Lot 301 DP 1047282, known as 346 Leeds Parade and is located to the north of the City of Orange, accessed from Leeds Parade. The land also has secondary road frontage to Ophir Road. The site has a long-established land use for the purpose of tertiary education, with a vast number of buildings and supporting infrastructure to enable this use. The land is surrounded primarily by agricultural use.

Approval to remove buildings currently occupying the site of the Academic Hub is being separately addressed as development without consent pursuant to State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.

THE MASTER PLAN

A Master Plan has been prepared for the Charles Sturt University Orange Campus by Jackson Teece, issued in May 2010. The plan seeks to provide a 30 year vision for the campus and provides a framework to guide the future growth of the campus in terms of spatial planning, the management of demand on infrastructure services, traffic and parking among other strategies and services. The Master Plan also serves to assist with the preparation and consideration of future development applications for the campus.

The Master Plan (cont)

The proposed works are in keeping with the Master Plan, specifically the expected increase in staff and student numbers, a social hub for the campus (being the Academic Hub), the indigenous student services facility proposed in the Academic Hub building, and buildings to be removed or refurbished, in line with the current proposal.

THE APPLICATION/PROPOSAL

Development consent is sought to carry out the following works:

(a) Development of an academic hub. This building will comprise three levels, connected by stairs and a lift. The building will comprise a collection of spaces for research, study, meeting rooms and social lounges, amenities and plant and equipment.

(b) Development of a health sciences active based learning building (Building 1002). Building 1002 is an existing multi storey building requiring alterations and additions, specifically internal demolition at Levels 1 and 2, and single storey extensions for classroom, study and tea room purposes. The external material selection will integrate with the appearance of the existing building.

(c) Installation of roof mounted solar panels on the roof of the proposed Academic Hub building of approximately 110 kW capacity, which will provide around one third of the power needs of the buildings.

The proposal will result in the provision of sufficient facilities to accommodate an additional 74 students and 50 staff. The campus currently accommodates 517 students and 157 staff.

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

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.

The proposal is located on land that has been identified on the LEP Terrestrial Biodiversity Map as partially comprising “High Biodiversity Sensitivity” land, as identified in Figure 2 below. The proposed development of the site is located clear of the sensitive area, which is approximately 500m to the north west of the proposed development works. Additionally, the proposed vehicular access to the development is clear of the sensitive areas.

Figure 2: high biodiversity sensitivity plan

Section 1.7 (cont)

In this regard the proposal has been designed to site the buildings and their access in a manner that seeks to avoid adverse consequences. Accordingly, the proposal is unlikely to fragment, diminish or disturb the biodiversity structure, ecological functions or composition of the land and does not reduce habitat connectivity with adjoining sensitive areas as mapped.

An ecological assessment submitted with the application identifies a remnant patch of the Tablelands Snow Gum Woodland Endangered Ecological Community on the site, to the southeast of Building 1002. This is depicted in Figure 3 below, extracted from the FloraSearch assessment submitted with the application. The proposed works will not intrude into, or require part removal of, the EEC. Therefore, the assessment considers the project is unlikely to have a significant impact on the Tablelands Snow Gum Woodland EEC, provided adequate precautions are taken to avoid damage to trees through the erection of access barriers. A proposed condition of consent is attached to this effect.

Figure 3: EEC located in the bottom right corner

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.

Division 4.6 – Crown Development

The application has been made on behalf of Charles Sturt University as a Crown development.

Crown Development means a development application made by or on behalf of the Crown.

The Environmental Planning and Assessment Regulations lists Australian Universities as a prescribed person for the purposes of Crown development. As such, CSU is considered a Crown body.

Section 4.33 Determination of Crown development applications

(1) A consent authority (other than the Minister) must not:

(a) refuse its consent to a Crown development application, except with the approval of the Minister, or

(b) impose a condition on its consent to a Crown development application, except with the approval of the applicant or the Minister.

In response to Section 4.33 of the Act, Council staff are recommending approval of the development with a recommendation that the development be approved subject to agreement of the imposed conditions detailed on the draft Notice of Approval. Concurrence from the Crown was received on 6 June 2019 and is attached to this report.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s4.15(1)(a)(i)

Orange Local Environmental Plan 2011

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,

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

The application is considered to be consistent with aims (a), (b), (c) and (f) as listed above. The proposed development will enhance the character of Orange as a major regional centre whilst creating employment opportunities through the additional educational facilities and increase of students to the site. Construction works will be required to comply with relevant standards for the protection of water resources. Landscaping will be carried out in conjunction with the development to complement the landscaped setting of the site. As discussed below, the proposed development will not detract from the item of heritage upon the land.

Clause 1.6 - Consent Authority

This clause establishes that, subject to the Act, Council is the consent authority for applications made under the LEP. However, pursuant to Schedule 7 of the State and Regional Development SEPP and 4.5(b) of the Environmental Planning and Assessment Act 1979, the development is required to be determined by a Planning Panel. Accordingly, the Western Region Planning Panel is the consent authority responsible for determining this application.

Clause 1.7 - Mapping

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

Land Zoning Map:	Part SP2 Infrastructure (Educational Establishment) and B7 Business Park
Lot Size Map:	Minimum Lot Size 2000m²(relating to the B7 portion only)
Heritage Map:	Heritage item – Water Tower
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	High sensitivity
Groundwater Vulnerability Map:	Groundwater vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	Within 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

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.

Figure 4: easements

Clause 1.9A - Suspension of Covenants, Agreements and Instruments (cont)

The title of the subject property is affected by easements for the purpose of electricity (45m wide) and underground power lines (6m wide). Building works have been sited clear of the easements.

Part 2 - Permitted or Prohibited Development

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

The subject site is located within the SP2 Infrastructure (educational establishment) zone. The proposed development is defined as an educational establishment under OLEP 2011 and is permitted with consent for this zone. This application is seeking consent.

An educational establishment is defined as:

a building or place used for education (including teaching) being:

(a) a school, or

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

The development is also defined as an electricity generating works which means:

a building or place used for the purpose of making or generating electricity.

and is permissible pursuant to Clause 31(1)(b) of the Infrastructure SEPP.

Objectives of the SP2 Infrastructure Zone

· To provide for infrastructure and related uses.

· To prevent development that is not compatible with or that may detract from the provision of infrastructure.

The proposed development is consistent with the objectives of the zone.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Clause 2.7 - Demolition Requires Development Consent

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

Consent for demolition is being separately dealt with pursuant to the provisions of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.

5.9 - Preservation of Trees or Vegetation

The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.

A tree removal permit has been submitted separately to Council.

5.10 - Heritage Conservation

(1) Objectives

The objectives of this clause are as follows:

(a) to conserve the environmental heritage of Orange,

(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c) to conserve archaeological sites,

(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

The development is not inconsistent with the objectives of the clause.

(4) Effect of Proposed Development on Heritage Significance

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under Subclause (5) or a heritage conservation management plan is submitted under Subclause (6).

The site is subject to a heritage item listing pursuant to Schedule 5 of the OLEP 2011. The heritage item in particular is the Water Tower, a concrete engineered element for providing water pressure, located within the campus. It acts as a visual landmark for the campus and is centrally located within the setting of lower scaled buildings.

The statement of significance for the heritage item conveys:

The distinctive water tower provides a header tank to supple pressure to the remote campus, and consists of a dramatic concrete column and square concrete tank with sloping roof. The tank structure was designed and located to provide a strong visual land mark for the campus, which was originally located in a rural setting, isolated from the City.

file-54

Figure 5: water tower

(4) Effect of Proposed Development on Heritage Significance (cont)

The submitted plans make it very difficult to identify the location of the tower, with inadequate notations and elevation plans presenting no context to the heritage item. However, a site inspection can determine the location, and thus impact, of the proposed development with regard to the Water Tower.

The proposed Academic Hub building has been located such that there is no direct line of sight between it and the Water Tower when viewed from afar, and therefore will not impact upon the significance of the item.

The proposed eastern additions to Building 1002 are approximately 15m from the Water Tower and is designed to be an extension of the existing building form with matching materials. Single floor additions on both the southern and eastern elevations of the building are smaller than that of the host building, and therefore subordinate in scale in comparison to the water tower. Similarly, the southern extension is at a lower level than the lowest level of the water tower due to the slope of the land.

file-55

Figure 6: existing separation between water tower and Building 1002

Council’s Heritage Advisor has reviewed the development application and advised that the level of impact upon the significance of the heritage item is acceptable, as follows:

· The scale and locations of the two sets of works are sufficiently remote for the new buildings to have minimal impact on the visual significance – character and landmark status.

· One element of the works is located to the eastern side of the structure at a distance of 15m from the column.

· The scale and character – outline and materials are such that they will generally be visually subservient to the concrete water tower, allowing the heritage item to remain dominant within the local and broader setting.

(4) Effect of Proposed Development on Heritage Significance (cont)

· In addition, the Landscape Proposal is comprehensive and addresses the important spaces between the buildings and will produce a setting which complements the existing and new buildings consistent with the Campus Plan and original Masterplan intent.

Further to this, it is recommended by the Heritage Architect that:

· The landscape treatment is to be extended to include the base of the pedestal and associated courtyard using appropriate materials such as crushed decomposed cement stabilised granite, and an interpretive plaque to a design and text to be prepared by a heritage consultant indicating the significance of the structure.

(5) Heritage Assessment

The consent authority may, before granting consent to any development:

(a) on land on which a heritage item is located, or

(b) on land that is within a heritage conservation area, or

(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

A heritage management document is not required in this instance, given the acceptable level of impact upon the heritage item.

(6) Heritage Conservation Management Plans

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

Owing to the nature of the development, a Heritage Conservation Management Plan is not required in this instance.

(7) Archaeological Sites

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

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

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

The development is not an identified archaeological site.

(8) Aboriginal Places of Heritage Significance

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

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

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

The site is not an identified Aboriginal Place of Heritage Significance.

Part 7 - Additional Local Provisions

7.1 - Earthworks

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

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

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

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

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

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

(f) the likelihood of disturbing relics

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

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

Earthworks are limited to the extent of cutting and filling required for the building works. The extent of disruption to the drainage of the site is considered to be minor and will not detrimentally affect adjoining properties or receiving waterways. The extent of the earthworks will not materially affect the potential future use or redevelopment of the site that may occur at the end of the proposed development's lifespan.

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

The site is not known to contain any Aboriginal, European or Archaeological relics. However, should site works uncover a potential relic or artefact, applicable legislation requires works to be halted to enable proper investigation by relevant authorities and the proponent required to seek relevant permits to either destroy or relocate the findings.

7.4 - Terrestrial Biodiversity

This clause seeks to maintain terrestrial biodiversity and requires that consent must not be issued unless the application demonstrates whether or not the proposal:

(a) is likely to have any adverse impact on the condition, ecological value and significance of the fauna and flora on the land

(b) is likely to have any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna

(c) has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

(d) is likely to have any adverse impact on the habitat elements providing connectivity on the land.

Additionally, this clause prevents consent being 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, or

(c) if that impact cannot be minimised - the development will be managed to mitigate that impact.

Biodiversity has been previously addressed above.

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.

7.6 - Groundwater Vulnerability (cont)

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 is therefore considered acceptable.

Clause 7.11 - Essential Services

Clause 7.11 applies and states:

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

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) storm water drainage or on-site conservation,

(e) suitable road access.

In consideration of this clause, all utility services are available to the land and adequate for the proposal.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 - Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land applies to the subject development. Pursuant to Clause 7 of the SEPP, the consent authority must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated by means of a preliminary investigation of the land concerned. The Statement of Environmental Effects advises that the site is not known to be contaminated and the proposal is considered to comply with relevant considerations. It is noted that tertiary education has been a long-established land use of the site (since 1973). Further investigation into land contamination is not considered to be necessary in this instance.

State Environmental Planning Policy (State and Regional Development) 2011

As previously discussed, the proposed development is considered regionally significant development pursuant to Schedule 7, Clause 4 of the SEPP.

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

The site is located within an existing educational establishment and is zoned SP2 Infrastructure and as such, the proposed development is permissible with consent pursuant to Clause 45 of the SEPP.

State Environmental Planning Policy (Infrastructure)

The Main Western Rail Line bisects the western extent of the subject site, however the development site is located some 300m from the railway line, with no activities listed in Clause 85 being proposed. As such, consultation with the Rail Authority is not considered relevant in this instance.

Electricity generating works are permitted with consent on any land within a special use zone pursuant to Clause 34(1)(b).

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

Orange Development Control Plan 2004 (“the DCP”) applies to the subject land. The following sections of the DCP have been identified as being relevant to the application:

· Part 0.4 Tree Preservation

· Part 2.1 Water Quality

· Part 2.4 Flora and Fauna, Biodiversity

· Part 3.2 Scenic, Landscape and Urban Areas

· Part 13 Heritage

· Part 15 Parking Requirements

Part 0.4 - Tree Preservation

The removal of trees has been addressed under a separate permit process.

Part 2.1 - Water Quality

The DCP planning outcomes for stormwater quality include avoiding downstream erosion or sedimentation, promoting onsite detention, and protecting natural watercourses and enhancing stream bank stability. The Statement of Environmental Effects (SoEE) prepared by Premise advises that:

Part 2.1 - Water Quality (cont)

The development is not proposed to contribute to any erosion or sedimentation of waterways. Potential impacts are considered to be manageable via the implementation of standard mitigation measures.

Council staff concur with this assessment. Conditions of consent have been included to address soil and erosion control.

Part 2.4 - Flora and Fauna, Biodiversity

Impacts on the biodiversity of the site has been addressed in detail above.

Part 3.2 - Scenic, Landscape and Urban Areas

The DCP Planning Outcomes for scenic, landscape and urban areas requires that development incorporates landscaping that enhances the landscaped setting of the locality; and external finishes, materials and colour schedules complement the setting.

The SoEE advises: landscaping will be in accordance with the attached landscaping plans. Finishes, materials and colour schemes will complement the setting, as seen in the attached BHA drawings.

It is proposed to construct the new buildings in off form concrete, brickwork to match the existing, vertical profiled metal cladding and timber cladding and profiled metal roofing. The materials are considered to be in keeping with existing materials found on buildings at the site, and therefore will complement the setting.

Part 13 - Heritage

As mentioned above, the development will have an acceptable level of impact upon the significance of the heritage item on the land. The development is consistent with the relevant provisions under the DCP relating to heritage.

Part 15 - Parking Requirements

Part 15 establishes the parking requirements for an educational establishment as:

1 space for every 2 employees

1 space per 10 students over 17 years of age in attendance

additional parking determined by Council where on-site residential accommodation is provided based on the peak-parking demand anticipated for the development

The proposed development will increase student numbers by 74, and staff numbers by 50, with current numbers at 517 students and 157 staff. Therefore, the proposed development would require 7.4, or 8, car parking spaces for students, and 25 car parking spaces for staff, totalling 33 car parking spaces.

Part 15 - Parking Requirements (cont)

Charles Sturt University have identified that current onsite parking provisions are higher than demand necessitates. An audit was undertaken in 2018 and provided in support of the application, which identified a total of 687 formalised car parking spaces, for 171 spaces as required for students and staff as per Council’s DCP, and 109 spaces for student accommodation. This provides a surplus of 407 car parking spaces.

Actual parking is provided on the basis of 1 space per 0.98 persons using the site, which is well in excess of Council’s DCP rate of provision. The audit further identified that parking usage at any one time is 64% of available capacity.

In light of the above, the SoEE justifies that additional parking is not required to support the proposed development. This assessment is supported, and the requirement for additional car parking spaces is not considered necessary in this instance.

INFILL GUIDELINES

The site is identified as a heritage item and as such Council’s Infill Guidelines apply to the development application.

The objectives of infill design are as follows:

Objectives of Infill Design

· Retention of appropriate visual setting (Article 8 Burra Charter).

· To ensure new buildings respond to and enhance the character and appearance of the streetscapes of the Heritage Conservation Areas.

· To ensure contributory heritage items retain their prominence and are not dominated by new development within a Heritage Conservation Area and do not compromise the heritage values of the existing area.

· To ensure new buildings do not adversely affect the significance, character or appearance of the Heritage Conservation Area or heritage items.

· To allow for reasonable change within a Heritage Conservation Area while ensuring all other heritage objectives are met.

· To ensure new development facilitates the retention of significant vegetation that contributes to the tree canopy, especially within the Central Orange Heritage Conservation Area.

The infill guidelines provide guidance for new buildings in a heritage sensitive site, and for the installation of solar panels in a heritage context. The proposed development is consistent with the above guidelines, with the development involving new buildings reflective of their time with no adverse impact upon the significance of the water tower, and the installation of the solar system on new buildings with no heritage significance.

The development is not considered to be contrary to the objectives of infill development.

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

Demolition of a Building (clause 92)

The proposal involves the demolition of building works upon the site in order to carry out alterations and additions. A condition is attached requiring the demolition to be carried out in accordance with Australian Standard AS2601 - 1991: The Demolition of Structures.

Fire Safety Considerations (clause 93)

A BCA and disabled access capability statement has been provided with the application. There do not appear to be any obvious issues that will prevent compliance with the BCA or the DDA.

Buildings to be Upgraded (clause 94)

A condition has been attached requiring building work to be carried out in accordance with the provisions of the Building Code of Australia.

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development. Section J of the Building Code of Australia will apply to all new works.

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

Context and Setting

The subject site is located on the northern outskirts of the City of Orange in an established complex developed specifically for tertiary education. The site is surrounded by agricultural land and is relatively well connected to the urban area through the provision of sealed roads and footpaths. The site has a high level of scenic quality for its setting given the suitable integration of buildings into the natural and modified landscape.

The intensification of the site for the purpose of an educational establishment is consistent with the long-established land use of tertiary education. The land use of the neighbourhood comprises agricultural land, of which the proposed development is not considered to conflict with given the siting of the buildings well within the university grounds.

The proposed buildings will be consistent with the built form of the precinct, with complementary bulk, scale, height and materials. The proposed development will not detrimentally impact upon the context and setting of the locality.

Visual Impacts

The development site is characterised as an isolated site on the northern fringe of the LGA. Buildings within the site are well separated from adjoining land and as such; the likelihood of the development giving rise to visual impacts is low. Similarly, the electricity generating system will not cause a detrimental visual impact to neighbouring properties.

Access, Transport and Traffic

Access to the site is from Leeds Parade, a local sealed road which connects to the Northern Distributor further south of the development site. A dedicated right turn lane into the site is established for north-bound traffic on Leeds Parade. The proposed development will generate additional traffic movements to the site. The increase in traffic is capable of being dispersed and absorbed into the surrounding road network, with minor impact on the existing traffic facilities and without the need for upgrading as a result of the proposed development.

As previously discussed, additional car parking spaces will not be required as a result of the proposed development, given the existing surplus car parking spaces available on the site.

Utilities

The existing reticulated water and sewer facilities, as well as the natural gas, telecommunications and electricity supply, would be augmented to support the proposed development. Given the increase in demand for water and sewer, appropriate Section 64 contributions have been levied to cater for the predicted demand. In particular, for the additional 50 staff and 74 on-campus students, the Assistant Development Engineer has calculated additional ETs based on 0.015W and 0.024S per person (1.86 water ET and 2.98 sewer ET).

Heritage

Heritage impacts have been addressed in detail above.

Energy

The development is considered a positive in terms of sustainable energy principals.

Noise

The proposed development is not considered to generate a detrimental noise impact upon surrounding residential receivers.

Safety, Security and Crime Prevention

An assessment of the proposal using the Crime Prevention through Environmental Design (CPTED) principles has been provided below.

Adequate surveillance will be provided through building siting and design, which allows for natural connections for occupants and visitors. Distinct entrances have been provided to ensure positive territorial reinforcement, whilst a suitable number of windows and doors directed towards the outdoors will maximise natural surveillance and therefore increase the risk to potential offenders. Defined footpaths will channel people to the entrances of the facility.

The proposed development is not predicted to have an adverse impact on safety, security or crime prevention.

Social and Economic Impact on the Locality

The proposed development would not have any unfavourable impact on the way of life or culture of the local community. The proposed development is not considered to create any adverse economic impacts as a result of the proposal.

Construction

Suitable conditions of consent are recommended to be imposed upon the development to ensure the construction phase is carried out with the least possible impact upon the surrounding environment.

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

Suitability is determined by two primary considerations:

· whether the proposal fits the locality

· whether the site attributes (zoning, extent of site and configuration) are conducive to the proposed development.

The proposal is consistent with the development pattern of the locality and represents an intensification of the existing use of the land. The location is considered suitable to support the expanded use of the site, and is appropriately zoned to allow such expansion.

All utility services are available to the site and are adequate for the proposal (subject to augmentation) pursuant to the requirements of DCP 2004. There are no physical attributes of the land that would constrain the development. The site is not subject to known technological or natural hazards. The development will have acceptable impacts upon the heritage setting of the site, as well as representing sound ecological sustainable development principles.

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

The proposed development is defined as "advertised development" under the provisions of the LEP. The application was advertised for the prescribed period of 14 days and at the end of that period no submissions were received.

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 not inconsistent with any relevant policy statements, planning studies, guidelines etc that have not been considered in this assessment.

SUMMARY

The proposed development is permissible with consent. The proposed development complies with the relevant aims, objectives and provisions of Orange LEP 2011 (as amended) and DCP 2004. A Section 4.15 assessment of the development indicates that the development is acceptable in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner. The proponent has agreed to the imposition of these conditions pursuant to Clause 4.33 of the Act.

COMMENTS

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

Rishelle Kent

SENIOR PLANNER

Council Meeting 25 June 2019

5.6 Development Application DA 304/2016(3) - 132 Kite Street - Quest Apartments

RECORD NUMBER: 2019/1265

AUTHOR: Andrew Crump, Senior Planner

EXECUTIVE Summary

Application lodged	22 February 2019
Applicant/s	Eastern Developments (NSW) Pty Ltd
Owner/s	Eastern Developments Pty Ltd
Land description	Lot 200 DP 1225088 - 132 Kite Street, Orange
Proposed land use	Demolition, Hotel or Motel Accommodation, Restaurant and Cafe, Retail Premises and Subdivision (44 lot strata)
Value of proposed development	$10,500,000.00

Application has been made to modify development consent DA 304/2016(2). The modification application involves a number of varying elements; broadly they can be summarised as follows:

· changes to the external appearance of the building by amending the approved colours and materials

· provision of additional retail tenancies on the ground floor fronting Kite Street

· request to review the car parking requirements for the development

· request to review the required water and sewer headworks charges

· request to review various conditions imposed under the initial assessment.

Some of the proposed changes to the materiality of the building have occurred prior to this modification application being determined (refer to the below photograph). As such, the applicant is seeking to regularise those unlawful works through this modification process.

The key consideration in the assessment of this modification relates to the changes to the approved materiality of the building and the importance of the fine scale detailing that was evident in the original design.

It should be noted that given the applicant has sought to change the materials used on the balconies from glass infill panels to perforated metal sheet, in the interests of achieving continuity in the design, it is more appropriate for the previously approved screens incorporating horizontal slats be replaced with the same perforated metal sheet now proposed on the balconies. To better explain this, Council’s Heritage and Urban Design advisor has prepared the following sketches.

Figure 1: sketch by Council Heritage and Urban Design advisor

showing the intent of the screening – northern elevation

Figure 2: sketch by Council’s Heritage and Urban Design advisor

showing the intent of the screening – western elevation

The following explanatory notes accompany the above sketches:

The design objectives:

· the building is to produce a strong set of three elements: base, centre and top

· the colours are to reflect the traditional materials in the Conservation Area – stone colours and brick colours

· the screens are an interpretation of verandahs traditionally evident on larger buildings and hotels/accommodation buildings in particular.

Details:

· the screen material adopted is the existing perforated material negotiated to replace the original glass

· the screens will be supported using the same balustrading system currently utilised

· some minor additional steel elements may be required to span the elements between the balconies

· the double vertical line at the end of each bay – five bays in total, indicates that that the screens will also infill the returns above the relevant balustrade panels

· note the additional work is minimal for infilling the elements.

By way of comparison the below images show the original design intent from the architect which the applicant is now proposing to have removed.

Figure 3: approved plan – northern elevation

Figure 4: approved plan – western elevation

As can be seen in the above images, the sketches by Council’s Heritage and Urban Design advisor are a simplified version of what the applicant original proposed with the horizontal grill system. The recommended design achieves the desired design outcomes, whilst significantly reducing the amount of screens on the building. This has the benefit of mitigating the bulk and scale of the building whilst maintaining the important amenity issues for guests, such as not impeding the views of guests when both inside the rooms and also standing on the balconies.

The following is a photograph of what the building currently looks like (under construction).

IMG_5303 (004)

Figure 5: current appearance of subject building (photograph taken 11 June 2019)

The other key consideration relates to the parking demands of the development and the importance for applying Council’s DCP consistently and equitably across the City. This is discussed in detail bellow.

Figure 6: locality plan

A Section 4.15 assessment of the development indicates that the development as modified is acceptable, but only if the recommended conditions of consent are adopted. Attached is an amended Notice of Approval for Council’s consideration.

It is recommended that Council supports the subject proposal.

RECENT LEGISLATIVE CHANGES

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

Overview of history of development:

· 4 April 2017 - original motel development approved by Council.

· Design submitted by applicant included glass balustrade on balconies, large screens over windows and a colour scheme. These were accepted with the design and integral in permitting an approval of a building higher than anything else in the precinct. (note: colours approved did not include the orange colour, it was supposed to be a stone colour).

· Approval included conditions that reflected the details the applicant proposed for the development, including architectural finishes; parking requirements; and staff numbers. This is an approach consistently applied with commercial development approvals within the City (including the Byng Street and Lords Place motels).

· 4 January 2018 - modification of consent to defer payment of contributions. Normally contributions are paid up front with development.

· 13 September 2018 - Construction Certificate issued by Council.

· Construction works commenced shortly after. By acting upon the consent, the applicant legally accepted the conditions of approval.

· September 2018 - Council Building Surveyor noticed some minor departures from approval and advised applicant to arrange for a modification of consent.

· November 2018 - applicant sought advice about minor changes.

· November 2018 - Manager Development Assessments and Senior Planner advise applicant of need to modify consent to allow for proposed changes and not wait until mid-2019 when pressure will be on to complete building.

· 25 February 2019 – application to modify development received. Application is more complex than issues previously discussed with staff. Application was inadequate and additional information required.

· 4 June 2019 – applicant provides additional information so staff can complete assessment of modification application, for reporting to Council on 25 June 2019.

· 14 June 2019 – applicant requested to consider alternative screen design. No response received on the day, so report drafted for Council with condition for altered screens.

Directors comments on this Modification Application:

· The applicant has departed from the approved plans.

· Staff have assessed the modification application with a focus on trying to identify solutions that permit the completion of the building with the altered design, but not at the expense of key heritage and streetscape features of the area.

· Key architectural features of the building that were originally proposed by the applicant to soften the overall scale and form of the building in the surrounding heritage items and conservation area are impacted by this DA.

· The proposal to completely remove screens from the balconies of this building is not supported. I endorse the recommendation that an alternative screening system (Figures 1 and 2) be installed on this building. This would provide relief from the bulk of the building, whilst providing good amenity and unimpeded views for occupants.

· Car parking contributions - the development is within close proximity to Council’s Ophir Carpark. The development has a clear nexus to this carpark and it is therefore acceptable to think that occupants would use this public parking area. The purpose of accepting parking contributions from developers who are unwilling or unable to provide adequate parking onsite is to use these funds to provide alternative public parking solutions in a manner that does not impact on neighbours. It would be unreasonable and indeed inappropriate not to apply the parking contributions to this modified development in accordance with the Development Control Plan.

· It should be noted that parking contributions have long been consistently applied within the City. A departure from the normal application of parking contributions with this development could present a precedent for existing and future development. Indeed by not applying the appropriate contribution, the integrity of the DCP for future development would be seriously undermined.

· Other issues with the application have been addressed within this report.

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”.

Ophir nexus – it is a case in point clear example of how the contributions scheme works, where it cannot be done onsite.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves to modify development consent DA 304/2016(2) for Demolition, Hotel or Motel Accommodation, Restaurant and Cafe, Retail Premises and Subdivision (44 lot strata) at Lot 200 DP 1225088 - 132 Kite Street, 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 LAND

The subject land is located on the southern side of the central business district. The land sits between the Great Western Hotel to the east and the former Canobolas Shire Council building to the west (both of which are local heritage items). The land is located on the corner of Kite Street and McNamara Lane. The nearest intersecting streets with Kite Street are Lords Place to the west and Peisley Street to the east; both intersections are controlled by a roundabout. McNamara Lane intersects with Moulder Street to the south.

THE APPLICATION/PROPOSAL

Application has been made to modify development consent DA 304/2016(2). The application involves the following:

· Changes to the previously approved materiality elements of the exterior of the building. Noting some of the proposed changes have occurred contrary to the consent. The changes are described as follows:

- change to balconies and BBQ screen – originally glass balustrade – proposed to be prefinished perforated metal with vertically proportioned pattern

- colour of screens to roof mounted plant – conditioned to be Colorbond Windspray – proposed to be changed to Colorbond Dune Matt

- deletion of metal screens to Kite Street and McNamara Lane elevations

- change to the colour of parts of the building in the north and west elevations at the first and second floor from a warm grey (Dulux Gnu Tan) colour to a rust or orange/terracotta colour

- finish to ground floor walls Kite Street and McNamara Lane – condition required ashlar pattern stone cladding – now proposed painted render finish, save for entry surrounds which are proposed to be clad in lynia tile

- finish to low plinth walls, north-western corner of the site

- change to the colour of aluminium windows and door frames – required to be a bronze finish or Dulux Wheatmeal – these have been installed contrary to consent in a gunmetal grey colour

- change of permitter fence from timber to Colorbond material

- increase in the size of the BBQ area on third floor

- addition of balcony on Level 1 in car park

- install lightning protection mast – not shown on original DA – already installed

- change in the finish of upper level wall cladding from pre-finished aluminium panel (to match soffit) to painted masonry with texture paint. This appears to have been completed

- related to the below dot point – change the presentation of eastern end of the north elevation at street level from perforated metal grills (relating to previous location of under-croft car park) to glass shop fronts (relating to additional retail premises).

· An increase in the amount of retail floor space fronting Kite Street previously approved as a car parking area, and subsequently this requires an adjustment to the approved car park layout.

· Intertwined with the above point, the applicant has presented a whole of development car parking assessment which basically adopts a 75% occupancy rate for the motel, and as a result the assessment suggests the development provides sufficient parking. Consequently, it is requested to delete Condition (21) that relates to the requirement to pay a development contribution in lieu of physical car parking spaces.

· An increase to the communal BBQ area on the third floor and the creation of an internally located balcony above the car park.

· A request to review the previously imposed requirements for Section 64 Water and Sewer Headworks charges.

· A request to review the specifications for the required street tree plantings.

· Request for deletion of Conditions (66) and (68). Condition (66) relates to a restriction on the use of the ancillary support offerings within the motel (such as the business lounge and conference centre) to overnight staying guests only; and Condition (68) relates to a limit on the staff numbers which was derived from the number nominated by the applicant at the time of the original application.

BACKGROUND

Some works have been undertaken unlawfully or in other words, contrary to the consent and the applicant is seeking to have them regularised as part of this modification. The works include the installation of all windows and doors associated with the motel which have window frames coloured Dulux Precious Gunmetal Kinetic Pearl, when the consent required them to be Dulux Oatmeal. Secondly, a large portion of the building has been painted in Dulux Tokomaru Bay (the approved colour scheme is Dulux Gnu Tan); balcony balustrades have been installed with the framing colour contrary to the consent and the infill panel of the balustrades have been installed with perforated metal sheet, when the approved plans provided for glass panels; and finally a lightning pole has been installed which did not form part of the original application.

Regularising the works that have already commenced can occur under Section 4.55 of the Act. The Court has 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 Pty Limited v Baulkham Hills Shire Council (2002) 122 LGERA 205 (Austcorp No. 459) at [18] – [22]). 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” (our 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.

It should be noted that recent legislative amendments have resulted in the renumbering of the sections of the EPA Act. Section 4.55 is the previous Section 96. Therefore, for our purposes Austcorp No. 459 is the applicable law.

In summary, the above commentary indicates the works that have been undertaken to date that diverge from the approved plans can be rendered lawful under this modification of the consent on the basis that the works are substantially the same as the original consent. As detailed below, 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 to which consent was granted by Council, subject to the screening elements on the northern and western elevations being installed.

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

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.

Section 4.55 – Modifications of Consents – Generally

Section 4.55(2) of the Environmental Planning and Assessment Act 1979 states:

A consent authority may…modify the consent if:

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

(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, 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 response to point (a), the test to be applied for a modification is that the consent authority must be satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted.

In the decision of Moto Projects (No. 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298, his Honour Justice Bignold found that it is necessary that the modified development be “essentially or materially” the same as the approved development. The comparative task is to understand in a “qualitative, as well as quantitative” appreciation of the comparison between the originally approved development and the development as it would be if the modification is approved.

In the application of those principles, Commissioner Brown in Iris Diversified Property Pty Ltd v Randwick City Council [2011] NSWLEC 1038 dealt with a proposed modification to the consent for the Clovelly Hotel.

There are some similarities between the application before Council and the proposed modification in Iris. The proposed alteration to the exterior finish of the Quest building may not be seen as significant in quantitative terms, however, the qualitative impacts of the physical alteration may support, as they did in Iris, the conclusion that the modification is not substantially the same development.

It was held in Iris that additional height had the effect of creating an unacceptable impact on the heritage significance of the hotel, an unacceptable impact on the relationship with the adjoining residential flat buildings and the character of the area. As a consequence, Commissioner Brown held that the development was not substantially the same development and for reasons which were similar to those, the application also failed on the merits.

Merit issues can run close to the qualitative assessment of the impact of the proposed structure as they did in Iris v Randwick. There is at least the potential for the merit issues which would cause the modification to be refused to be assessed of significant impact that the application would not be considered to be a modification.

Essentially, this means that for such an impact to be avoided, the previously approved screens on the exterior of the northern and western façades (those being the elevations that address the public streets adjoining the site) are an essential element of the approved consent. An agreement to delete the screens from the development consent would cause a significant impact within the setting, to the extent that this application to modify the consent would fail the test of substantially the same development, and consequently the application to modify the consent could not be considered meritorious.

In response to (b), there were no conditions imposed on the original consent as part of a concurrence requirement or as part of general terms of approval. As such, there is no obligation on Council to consult with any Minister, public authority or approval body.

In response to (c) and (d), the Environmental Planning and Assessment Regulations require that the development be formally advertised. The application was formally advertised (on two occasions given the applicant amended the application after the conclusion of the first exhibition period). At the conclusion of the exhibition period(s) no submissions were received.

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.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s4.15(1)(a)(i)

Orange Local Environmental Plan 2011 (as amended)

The initial development was approved under the provisions of Orange LEP 2011. The subject land is zoned Zone B3 Commercial Core. The proposed development continues to be characterised as hotel or motel accommodation, restaurant or café, retail premises and subdivision 44 Lot Strata. The development as modified remains consistent with the aims of the plan and the objects of the B3 Commercial Core Zone. The other relevant matters to the assessment of the modification application are considered below.

Part 4 - Principal Development Standards

Clause 4.3 - Height of Buildings

This clause limits the height of buildings (HoB) on land identified on the Height of Buildings Map. The subject land is identified on the map as having a HoB limit of 16m.

The maximum height of the proposed development is generally associated with the utilities and services located on the roof of the proposed development. This application seeks only to amend the previously conditioned colour of the screening device to screen the roof mounted mechanical plant. As such, the development is considered to remain compliant with the applicable development standard.

It is noted that the already installed lightning conductor technically exceeds the height controls, however, the definition of the height of building excludes such installations.

Clause 4.4 - Floor Space Ratio

This clause limits the floor space ratio (FSR) permitted on land identified on the Floor Space Ratio Map. Clause 4.5 is associated with this clause and establishes the rules for calculating the site area and FSR of any proposal. These rules exclude certain parts of a site and development such as:

· excluding any part of the site upon which the development is prohibited (i.e. if the site is split zoned only the zone in which the development is permissible may be considered)

· excluding community land and most public places

· lots in a strata scheme wholly or partly above other lots in the scheme do not increase the site area (ie the site area is the ground level of the scheme only)

· adjoining lots in the same ownership do not form part of the site area unless significant parts of the development are proposed on that land

· the floor area of existing buildings is to be included in the FSR calculation

· any covenant restricting floor space on the lot, due to floor space having been considered as part of the development of another lot, is to be taken into account.

The subject land is identified as having an FSR of 2:1. The site area has been calculated under Clause 4.5 as being 2,896.9m²meaning the site may have up to 5,793.8m² of floor space.

The original proposal, minus the exclusions detailed in Clause 4.5, was calculated as having a gross floor area in the order of 4,676m² and is therefore consistent with the FSR requirements.

This application involves the increase in retail floor space of 80.8m² resulting in a total floor area of 4756.8m² or a FSR of 1.64:1, remaining well below the applicable development standard.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

Clause 5.10 seeks to conserve the environmental heritage of Orange, the heritage significance of heritage items and heritage conservation areas (including associated fabric, settings and views), to conserve archaeological sites, and to conserve Aboriginal objects and Aboriginal places of heritage significance.

While the subject property is not identified as a heritage item and is not located within a heritage conservation area, it is located adjacent to two heritage items being the former Canobolas Shire Council Chambers (now the Kite Street Specialist Centre) (Heritage Item I149) at 126-130 Kite Street and the Great Western Hotel (Heritage Item I230) at 145-147 Peisley Street, Orange. The subject property is also located adjacent to the southern periphery of the Central Orange Heritage Conservation Area (Figure 7).

Figure 7: heritage context plan (subject property identified by heavy red line and star)

Relevantly, a detailed assessment of the proposed modified development against Council’s infill guidelines has been undertaken below. The below assessment concludes that the proposed changes to the previously approved materiality of the building is acceptable subject to fine scale screening detail being installed on the northern and western elevations to mitigate the volume and bulk of the 4 storey building. Additionally, the ground floor exterior walls in the northern and western elevations are to be fully clad in the proposed the lynia tile.

7.3 - Stormwater Management

This clause applies to all industrial, commercial and residential zones and requires that Council be satisfied that the proposal:

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

(b) includes, where practical, onsite stormwater retention for use as an alternative supply to mains water, groundwater or river water; and

(c) avoids any significant impacts of stormwater runoff on adjoining downstream properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

As noted above, the modification seeks to amend the condition that requires the street trees be planted with strata vault system installed. These systems are basically root containment systems that have interconnected drainage systems.

An investigation of the nearest connection point to Council’s reticulated stormwater system concluded that it was not practical to have the five trees subsurface drainage connected to the stormwater system. This is because the connection point was much higher than the level of the discharge point from the base of the strata vault system.

As such, Council’s Technical Services Department, in agreement with Council’s Manager City Presentation have advised that the tree root containment system without the interconnected drainage system would be acceptable. The relevant condition has been amended in this regard.

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”) applies to the subject land. Chapters of the DCP relevant to the proposed use and development include:

· Chapter 0 - Transitional Provisions

· Chapter 2 - Natural Resource Management

· Chapter 3 - General Considerations

· Chapter 4 - Special Environmental Considerations

· Chapter 5 - General Considerations for Zones and Development

· Chapter 8 - Development in Business Zones

· Chapter 13 - Heritage

· Chapter 15 - Car Parking.

CHAPTER 0 - TRANSITIONAL PROVISIONS

Section 0.2 - General Translation of Zones

Section 0.2 - General Translation of Zones provides that any reference to a zone under Orange Local Environmental Plan 2000 is to be a reference to the corresponding zones in the zone conversion table.

The table identifies that the B3 Commercial Core zone corresponds with the 3A Regional Centre zone for the purposes of the DCP.

Chapter 2 - Natural Resource Management

Section2.1 - Water Quality

Section 2.1 - Water Quality identifies that development that concentrates, redirects flows, increases flow rates or disturbs land in close proximity to creeks has the potential to affect waterways with associated erosion, sedimentation and release of nutrients, which combine to affect downstream water quality. Section 2.1 also identifies development involving groundwater extraction and/or onsite wastewater disposal is deemed to affect groundwater resources.

The matters relevant to the proposed modification have previously been addressed in detail under the headings “7.3 - Stormwater”.

It is considered that the requirements of the DCP have been adequately addressed.

CHAPTER 3 - GENERAL CONSIDERATIONS

Section 3.1 - Cumulative Impacts

Section 3.1 - Cumulative Impacts identifies that Council will consider not only the direct impacts of a particular development, but also whether the development, when carried out in conjunction with other development in the locality, has a more significant environmental impact.

Cumulative impacts of the proposed development are addressed under the heading “Likely Impacts of the Development”.

Section 3.2 - Scenic, Landscape and Urban Areas

Section 3.2 -Scenic, Landscape and Urban Areas identifies that in urban areas consideration should be given to the character of the locality, whether that locality is recognised as having heritage character with formal plantings of exotic trees or whether the locality comprises areas developed as suburban release areas where informal native planting is common.

The original plans showed provision of street trees. This requirement is maintained as part of this application. A detailed assessment of the modified developments impact on the locality is detailed below.

CHAPTER 8 - DEVELOPMENT IN BUSINESS ZONES

Section 8.1 - Orange CBD

Section 8.1 - Orange CBD outlines planning outcomes for the Orange Central Business District, with an emphasis on design, character, parking and loading. The relevant planning outcomes are addressed below.

· Buildings have a high level of urban design to contribute to the regional status of the City’s Central Business District with attention given to façade features, external materials, colour and advertising.

Matters relating to the changes of materiality / urban design are addressed below under the infill guidelines.

· Urban design demonstrates a clear reference to the CBD Strategic Action Plan.

The Orange Central Business District Strategic Action Plan 2003 (the ‘Strategic Action Plan’) seeks to provide a long term strategy to address a broad range of issues affecting the CBD.

In general, the Strategic Action Plan identifies the subject property as forming a tertiary street retail area at the southern periphery of the CBD (Figure 15). Key themes of the Strategic Action Plan relevant to the application to modify the consent include access and movement, built form and heritage, and landscape and public domain.

Figure 8: Orange Central Business District Strategic Action Plan - Structure Plan (Land Use)

Access and Movement

In terms of access and movement, the development as modified remains consistent with the Strategic Action Plan as the ground level will incorporate a continuous awning over the Kite Street footpath, protecting against sun and rain; and the increase in the amount of active street frontage in Kite Street is considered a good outcome.

Built Form and Heritage

The development as modified presents a positive outcome at street level with the inclusion of additional active shopfronts in the location where screening of the car parking area was previously approved. This is considered to result in a better urban design outcome, but of course this needs to be balanced against the increase in demand for parking as detailed in the below parking assessment. Additionally, as noted above, there is a requirement for the lynia tile to be applied to the full extent of the ground floor exterior walls. A condition is attached in this regard.

The major architectural elements above street level arising from the application to modify the original consent are considered in further detail within the Infill Guidelines Section of this report.

Landscape and Public Domain

The development as modified remains consistent with the landscape and public domain objectives of the Strategic Action Plan as it will continue to provide for the extension of existing street trees within Kite Street and new trees within McNamara Lane. As noted below, Council staff requested that the applicant furnish Council with a plan showing the precise locations of the proposed street trees whilst being cognisant of maximising on-street parking efficiencies.

The applicant has notified Council that such a plan will not be forthcoming. As such, a condition is attached prior the issue of a Construction Certificate^{^[1]} requiring a plan to be submitted for approval showing the precise locations of the street trees in Kite Street and McNamara Lane, as well as showing the location of on-street parking resources. The selected position of the street trees shall be positioned in a way that maximises the amount of on-street parking whilst still achieving safe sight distances where necessary.

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

Council’s Building Surveyor has commented that further detail would be required at the Construction Certificate stage to determine compliance with the BCA for the proposed changes.

· Land use complements the role of the CBD as a regional centre for commerce and services.

The proposed development is considered to be complementary to the role of the CBD as a regional centre is it will make a substantial contribution to the existing supply of tourist and visitor accommodation within Orange as well as a modest amount of additional retail floor space.

· The reinstatement of verandahs on posts over footpaths is encouraged.

Not applicable to the modification application.

· Car parking is provided to meet demand either as onsite parking areas or through contributions towards public parking in and adjacent to the CBD.

Section 15.4 - Parking Requirements sets out the minimum parking requirements for specific land uses. A detailed assessment against the requirements of Section 15.4 is undertaken below.

· Advertising comprises business identification signs in accordance with SEPP 64.

Not applicable to the application to modify the consent.

· Loading areas are provided for developments requiring access by large trucks in a manner that doesn’t reduce active frontages for important pedestrian pathways.

Loading/unloading, service deliveries and garbage collection arrangements were determined under the original assessment. This application to modify the consent does not seek to alter those approved arrangements. The adjusted car parking plan does not impede the agreed arrangements.

· Where possible, new buildings or external alterations in the CBD include an element of landscaping.

The original application included the provisions of street trees within Kite Street and McNamara Lane. These street trees remain a part of the redevelopment of the site, however, the applicant is seeking clarification around the required strata vault system. It has been agreed that the interconnected subsoil drainage of the five street trees is not practical, given the discharge point from the tree drainage system would be much lower than the nearest connection to Council’s stormwater system. As such, the condition is being augmented to clarify that the strata vault systems continue to be required, however, the drainage system is not required.

CHAPTER 13 - HERITAGE

Sections 13.1-13.06 of Chapter 13 - Heritage of the DCP address heritage matters in detail, including heritage objectives, heritage items and heritage conservation areas, heritage consideration for development, development in the vicinity of heritage items, heritage proposals as advertised development, and incentives for heritage conservation.

These matters have previously been addressed in detail under the heading “Clause 5.10 - Heritage Conservation”.

It is considered that the requirements of the DCP have been adequately addressed.

CHAPTER 15 – CAR PARKING

The DCP provides off-street parking requirements for hotel or motel accommodation, restaurants and retail premises in the CBD as follows:

Hotel or Motel Accommodation

· 1 space per unit/bedroom/tent or caravan site

· 1 space for every three beds (hostel accommodation)

· + 1 space for each resident manager

· + 1 space for every two employees

· + 1 space for every three seats in the restaurant

· + 1 space per 10m² of entertainment or function room areas.

Restaurants in the CBD

· 1 space per 40m² of GFA

Shops and Shopping Centres

· Within the CBD - 4.1 spaces/100m² GLFA

The original assessment determined the car parking demands of the development as follows:

Hotel or Motel Accommodation

· 77 units = 77 car parking spaces

· One resident manager = 1 car parking space

· Four full time employees = 2 car parking spaces

· 65 restaurant seats = 21.6 (22) car parking spaces^*

Restaurants in the CBD

· 225.08m² of GFA = 5.6 (6) car parking spaces^*

Shops and Shopping Centres

· 66² GLFA = 2.7(3) car parking spaces

*interchangeable parking requirements.

The impacts of parking on the surrounding neighbourhood was previously assessed with the original application proposing a valet parking arrangement that was dependent on how busy the motel was at that time. The application to modify this consent would not alter this parking system approach.

The accepted arrangements at the time of the original assessment resulted in a deficiency of nine physical off-street parking spaces and a development contribution was required accordingly.

Conditions were attached that required a management plan that addresses the three parking modes and how that component of the development would function.

Additional Background

The original Development Application, asserted to Council that the development would function with a maximum of four staff and one resident manager (excluding the restaurant and retail uses as these have independent car parking considerations). To ensure that the new motel did not adversely impact on parking for other businesses in the area, , Council staff accepted the applicants proposed maximum staff numbers and placed a condition on the original consent to reflect this. This condition is standard practice.

The applicant has since requested that the relevant condition be removed, stating it is unreasonable to place such a control on the operation of a business and that, moreover, the additional staff are likely to be needed during busier periods and at times when guest numbers are low i.e. after check-out times and before check-in periods.

This is addressed in detailed below.

At the time of the original assessment it was asserted by the applicant that the ancillary support facilities within the motel; such as the business lounge and conference centre would only be used by overnight staying guests. Accordingly, a condition was imposed that limited the use of these facilities to overnight staying guests only.

It is important to note that the approach of restricting the use of function facilities to guests is identical approach taken by the Land and Environment Court in the Judgement of Denoc Holdings Pty. Ltd. v Orange City Council [2017] (the Byng Street Hotel).

The applicant has presented an argument within the application to modify the consent that such a condition is an unreasonable constraint to place on a business.

This aspect of the application to modify the consent is also addressed in detail below.

THE APPLICANT’S PARKING ASSESSMENT

As part of the modification application the applicant has presented a whole of development car parking analysis, taking into account the additional retail space.

The applicant presents an argument that relying on one space per room is not justified, citing eight other regional Quest motel developments, and presents a ratio of parking spaces per apartment and a ratio of parking space per key which is lower than that required by this development consent.

By way of further background, when the application was originally submitted to Council the applicant presented a similar argument stating that the development only provides 44 units, however, those units can be split and occupied separately. Under the latter arrangement the total number of units is 77.

At the time of the original assessment, the assertion that the development only provides 44 units was not accepted, with the adopted occupancy of 77 units the accepted position.

Based on the applicant’s analysis, a 0.75 space per unit has been adopted by the applicant in their parking assessment.

It should be noted that a similar argument was presented in the application for the motel development at 245 Lords Place (adjacent to the Court House). The assessment that occurred for that development did not accept the arguments of a dual key arrangement either, and the maximum occupancy rates were adopted for that development.

The applicant also presents justification around the rates that should be adopted for the Restaurant or café (1 space per 40m²), the conference room and business lounge (1 space per 25m²).

It should be noted that the original assessment did in fact adopt the 1 space per 40m²rate for the café (as opposed to the 1 space per 3 seats requirement), and in relation to the conference centre/business lounge, Council would be prepared to adopt the lower rate of 1 space per 25m^2.. This is consistent with the rationale adopted in the consideration of the Lords Place motel (adjacent to Orange Court House).

The applicant is pursuing the assertion that the development ought to be charge parking for staff on the basis of four staff, a position which is not supported by Council staff.

Accordingly, the applicant’s summary of parking demand is as follows:

Some important things to note with respect to the above:

· The rate of 0.75 is not accepted by Council staff. Council’s DCP requirement correlates with the Roads and Maritime Services (RMS) guide to traffic generating development of requiring one space per unit.

· The rationale adopted by Council staff with this application is the consistent approach taken with all recent similar developments, namely; the Lords Place motel (adjacent to Orange Court House) and the Byng Street Hotel (Land and Environment Court ruling).

· The rate for staff numbers is not accepted. The applicant has not provided Council with a definitive number for the parking demand generated by staff. A recent article published in the Central Western Daily (CWD) suggests that staff numbers are likely to be in the order of 15–20 staff.

The applicant was requested on a number of occasions to provide Council with accurate details of staff numbers. The applicant did not provide any adequate further detail as requested. Council staff therefore can only rely on the best available information; that being the information provided in the aforementioned CWD article. Council staff, taking a conservative approach, will adopt a staff rate of 15 staff equating to 7.5 space as opposed to the two spaces adopted in the applicants parking assessment.

· In relation to the café, Council staff had previously adopted the 1 space per 40m² rate and maintain this position. However, it should be noted that the assessment provided by the applicant adopts the incorrect gross floor area as the assessment appears to be have been based on a superseded plan. The correct floor area shown on the most up to date plan is 139.6m².

· In relation to the business lounge and conference room, Council staff accept the lower rate proposed by the applicant on the basis that this rate was the rate adopted for the recently approved motel at 245 Lords Place. However, it should be noted that the above assessment presented by the applicant does not include the 37.2m²associated with the business lounge.

· In relation to the retail tenancies, Council staff agree with the applicant that the correct rate for such land uses is 4.1 spaces per 100m² of gross leasable floor area. However, as with the café assessment by the applicant, the assessment carried out by the applicant for the retail premises parking demand was based on a superseded plan. The total amount of gross leasable floor area for the three retail tenancies equals 139.5m².

It should also be made very clear that the applicant’s assessment is predicated on the demand generated by the café use and retail use being met by the parking provided within the development. However, this is not the case as the car park area will only be accessible by guests staying at the motel, so for the applicant to suggest that the demand for the café and retail uses is met by the development is quite simply a misnomer.

It should also be made very clear that departures from the application of the principles in the DCP can have the effect of dangerously undermining the Provisions in the DCP. Additionally, the assessment undertaken here is the identical approach taken with respect to similar development considered in recent times.

Based on the above commentary a detailed assessment of the car parking requirements for the modified development can be summarised as follows:

Use	Demand / generator	Parking Requirement
Hotel or Motel Accommodation
1 space per unit/bedroom/tent or caravan site	77 units	77 spaces
+ 1 space for each manager resident	1 manager resident	1 space
+ 1 space for every two employees	15 employees	7.5 spaces
+ 1 space for every 40m²of café	139.6m²	3.49 spaces
+ 1 space per 25m² business lounge conference room	121.1m²	4.84 spaces
Retail Premises
4.1 spaces per 100m²	139.5m²	5.72 spaces
TOTAL PARKING DEMAND		99.55 spaces

The submitted plan shows onsite parking arranged under three scenarios based on the level of occupancy of the motel.

Mode A provides 55 spaces.

Mode B provides the 55 spaces plus an additional 16 tandem spaces.

Mode C provides the spaces allocated in Mode A and B plus an additional 6 spaces; providing a total of 77 spaces.

This arrangement was agreed to under the original assessment.

As can be observed from the differing modes, Council has already agreed to a significant amount of leniency with respect to parking for this development. Allowing further leniency, by adopting the applicant’s rationale, would significantly impact upon the locality, to the point where the development would generate an unacceptable environmental impact.

Given the previous acceptance of the various modes; with Mode C providing the most amount of parking at 77 spaces. The development as modified results in a shortfall in onsite parking of 22.55 spaces.

Accordingly, the existing condition requiring the payment of development contributions in lieu of the physical spaces shall be amended to increase the required monetary payment to $14,578.62 x 22.55 spaces = $328,747.88.

The relevant condition is amended accordingly.

It should be noted that Council has previously agreed to defer the payment of this contribution via a modification of the consent. Ordinarily, such a payment is required to be paid prior to the issue of a Construction Certificate. However, Council has allowed further leniency with the developer by allowing the deferment of the necessary contribution until the issue of an Occupation Certificate. The timing of the required payment remains unchanged.

INFILL GUIDELINES

The modified development is located in an area of the City considered to be highly important from a heritage conservation point of view. The subject land sits between two heritage items, the Great Western Hotel to the east and the former Canobolas Shire Council Chambers, and is partly opposite the southern end of the central Heritage Conservation Area. Accordingly, Council’s infill guidelines are applicable to the assessment of the modification application. The guidelines states these guidelines are applicable to new development that is on/adjacent to a heritage item.

Objectives of Infill Design

The guidelines provide the following relevant objectives for infill design:

· To ensure new buildings respond to and enhance the character and appearance of the streetscapes of the Heritage Conservation Areas.

· To ensure new buildings do not adversely affect the significance, character or appearance of the Heritage Conservation Area or heritage items.

· To allow for reasonable change within a Heritage Conservation Area while ensuring all other heritage objectives are met.

The development as proposed in this modification application (in the absence of the screening elements in the northern and western elevations) is inconsistent with the above objectives. The development as modified will detract from the character of the area and the development without the necessary mitigating fine scale detail elements will cause the building to dominate the setting and reduce the prominence of the adjoining heritage items.

Character

The character of the area is described as an important commercial site. The land is opposite the southern edge of the central heritage conservation area and sits between two heritage items. The original design sat appropriately within context and setting and maintained the character whilst not dominating the adjoining heritage items. The development as modified with the complete removal of important architectural features will result in a development that impacts upon the character of the area.

The inclusion of the screening detail described above on the northern and western facades is considered critical to the building’s fit within the locality.

Siting

The proposed modification does not seek to alter the previously approved siting of the development.

Scale and Form

In relation to scale and form, Council’s Heritage and Urban Design advisor stated the following in respect to the original design that Council approved:

a. while the building is higher than the neighbours the scaling references and screens mitigate this impact

b. the form addresses the street corner where the height and corner details are appropriate.

The scale and form of this development when it was originally put before Council was only supported at that time because of the level of sophistication in the design proposed by the applicant. The applicant is now seeking to delete those elements that were fundamental to the endorsement of Council staff and the Council Heritage and Urban Design advisor.

It should be made very clear that the screening elements in question were proposed by the developer from the beginning, even in the early concepts of the development the screening elements on the northern and western facades were an integral component within the broader design rationale; a position which was supported by staff and also Council’s Heritage and Urban Design Advisor.

The selected materials and colours on a building and how they are used by an architect are vital to the success of the development.

As detailed above, deleting those elements that mitigate the volume and height of the building would result in an adverse impact, to the extent that the development as modified would not qualify as passing the judicial test of substantially the same development. These measures, in the opinion of Council staff, were considered to be essential elements that led to a recommendation to support the development.

The details around the proposed changes to the previously approved materiality is detailed below under the heading materials and colours.

Materials and Colour

As mentioned above, the selection of materials and colours adopted in a design of a building is interrelated with the scale and form considerations of a building.

A sophisticated design combining an amalgam of materials along with fine scale detailing can successfully reduce overall impression of a buildings bulk and scale. The initial design achieved this exact principle quite successfully and for that very reason, Council’s Heritage and Urban Design advisor was supportive of the development at that time.

This modification application seeks to diminish those critical elements that collectively resulted in what is comparatively quite a large building, having an appropriate fit within the context and setting.

Council’s Heritage and Urban Design advisor has indicated that the proposed changes are meritorious, but only if the important fine scale detail elements (the screening devices shown in above figures) are incorporated into the design.

In the absence of those elements, the proposed changes to external materials and colours should be refused.

Proposed changes to Materials and Colours

· Deletion of metal screens to Kite Street and McNamara Lane.

- Deletion of the screens is not supported. This is key to the acceptance of the other proposed changes by Council staff and Council’s Heritage and Urban Design advisor.

It should be made very clear that the acceptance of the other changes detailed below are contingent on the screening devices as described above being incorporated into the design.

In absence of the screening devices, the below changes are not supported by Council staff and Council’s Heritage and Urban Design advisor.

· Change to balconies and BBQ screen – originally glass balustrade – proposed to be pre-finished perforated metal with vertically proportioned pattern.

- No objection to this change of balustrade material.

· Colour of screens to roof mounted plant – conditioned to be Colorbond Windspray – change to Colorbond Dune Matt.

- No objection to this change in colour.

· Change the colour of parts of the building in the north and west elevations at the first and second floor from a warm grey colour to a rust or terracotta colour.

- The approved plan proposes a warm grey colour (Dulux Gnu Tan). The applicant has since painted part of the building (contrary to the consent) in an orange colour noted on the submitted material as Dulux Tokomaru Bay.

The orange colour is a strong almost bright orange colour that stands out within the streetscape. In the absence of the fine scale detailing provided by the screening devices, this colour is not acceptable.

- The required screens on the exterior of the building would have the effect of shielding the strong orange colour, creating a more subdued colour scheme.

- The proposed orange colour is not accepted in the absence of the screening devices.

Finish to ground floor walls along Kite Street and McNamara Lane – condition required ashlar pattern stone cladding – now proposed painted render finish.

- This is not supported. The applicant originally proposed lynia tiles to the ground floor external walls addressing the street frontages. Council imposed a condition requiring an ashlar pattern natural stone material. The applicant is now wanting to simply paint the ground level walls, save for around the entries which would have tiled surrounds.

- Council’s Heritage and Urban Design advisor highlighted the importance of retaining some lineal textured features of the finishes of this building at pedestrian level. Some leniency has been given in this regard agreeing to the subisitution of the ashlar pattern natural stone to the originally proposed Lynia stone tile. Attached is a condition recommending such.

· Finish to low plinth walls corner of site.

- The consent requires a natural stone product. Council’s Heritage and Urban Design advisor has accepted the proposed change.

· Change to colour of aluminium windows and door frames – required to be bronze finish or Dulux Wheatmeal – these have been installed contrary to consent in a grey colour.

- The consent requires the window and door frames within the development to be a bronze colour, or if powder coated the frames are required to be Dulux Wheatmeal which is similar to a bronze colour.

- The applicant has installed all windows and doors with frames coloured Dulux Precious Gunmetal Kinetic Pearl contrary to the consent condition.

- Council’s Heritage and Urban Design advisor has indicated that the change to the colour of the window and door frames is acceptable subject to the screening elements being incorporated into the design.

· Change in the finish of upper level wall cladding from pre-finished aluminium panel (to match soffit) to painted masonry with texture paint. This appears to have been completed.

- The original design included a pre-finished aluminium panel to the exterior wall on the upper level, effectively a continuation of the material for the angled soffit. This is proposed to be replaced with texture paint to the masonry wall.

- This change has been accepted by Council’s Heritage and Urban Design advisor, but again on the basis that the external screens are incorporated into the design.

- It is considered that the initial design principles of the building presenting with an obvious bottom, middle and a top is still achieved, all be it in a more simplistic way.

· Change of permitter fence from timber to Colorbond material.

- No objections to this change.

· Increase in the size of the BBQ area on third floor.

- This change has limited implications in regards to heritage considerations. This element of the modification application is assessed below in relation to overlooking impacts of the adjoining property to the south.

Addition of balcony on Level 1 in car park.

- This change does not present any heritage considerations.

· Install lightning protection mast – not shown on original DA – already installed.

- This new element does not present any material heritage considerations.

· Related to the below dot point – change the presentation of eastern end of north elevation street level walls from perforated metal grills (relating to previous location of car park) to glass shop fronts.

- This is considered a positive from a streetscape/active street frontage point of view. Initially when the modification application was first lodged with Council the applicant was seeking to delete the awning above the now shop fronts (at the time the modification was first lodged with Council the additional retail spaces were not contemplated by the applicant).

- The awning is now proposed for the full extent of the Kite Street elevation which is supported.

Detailing

The detailing elements are addressed above, namely the fine scale detail provided in the original design that Council’s Heritage and Urban Design advisor has recommended - that the same design rationale continue to apply to the modified design.

Section 64 Water and Sewer Headworks Charges

The applicant is seeking to have the previously imposed water and sewer equivalent tenements reduced from the required 26.75 ETs (water) and 42.25 ETs (sewer) reduced to 14.089 Ets (water) and 21.263 ETs (sewer). The application is supported by a report drawn by Heath Consulting Engineers.

Council’s Technical Services Department have reviewed the subject report by Heath Consulting Engineers and provide the following:

The applicant’s submission to reduce the water and sewer headworks charges is not supported for the following reasons:

· The applicant has used the incorrect commercial user category from the NSW Water Directorate Section 64 ET Guidelines (Guidelines). The approved development is hotel/motel accommodation (BCA class 3), not serviced apartments (BCA Class 2).

· The applicant has used the 2009 Guidelines and not the current 2017 Guidelines. The applicant has argued that the 2009 Guidelines do not consider the increase in water efficiency achieved since the adoption of BASIX in 2006. The 2017 Guidelines have been updated since 2009 and the impact of water saving devices has been considered. There is no reduction in ETs for hotel/motel accommodation between the 2009 and 2017 Guidelines.

· The applicant has determined the existing site credit from the original CWD building assuming it consisted of 1,300m2 of office space. However, the original building consisted of an office attached to a commercial printing operation. Much of the building was used for storage and printing functions and the office area was not significant (significantly less than 1,300m2).

· The applicant has determined that the ETs should be further discounted based on an assumed occupancy rate of 70%.

The application to modify the consent has been reviewed by Council’s Technical Services Department, given the additional retail floor space which concluded the following:

· The appropriate commercial user category from 2017 Guidelines is a hotel/motel. This category matches the approved developments description and the BCA class noted on the construction certificate.

· No reductions for water efficiency are to be applied. ETs are calculated from the 2017 Guidelines.

· No reductions for occupancy rate are to be applied. ETs are calculated from the 2017 Guidelines.

· Existing site credit should be based on the seven allotments that the original CWD site occupied (the lots were consolidated as part of the Quest development).

· A credit of two sewer ETs was not correctly applied to DA Condition 34. Sewer ETS should have read 40.25.

· The retail area adds 1.30 ETs (based on a floor area of 130m²).

The applicant will be entitled to a refund based on the preferred method of calculation for the existing site credits and the original 2 ET overpayment for sewer headworks. The refund for water headworks = 3.7 ETs and 5.7 ETs for sewer.

The applicable condition will now read:

(34) 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 ~~26.75~~ 23.05 ETs for water supply headworks and ~~42.25~~ 36.55 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.

An unconditional bank guarantee will be accepted prior to issue of a Construction Certificate for the building structure as per Council fees, policies and procedures with full payment required prior to issue of an Occupation Certificate.

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

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

The proposed development is not inconstant with any provisions prescribed by Regulation.

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

An assessment of the relevant impacts associated with the development was considered as part of the initial assessment of the development application. The potential impacts of the development as modified are considered below.

Visual Impacts

The visual impacts of the development as modified relate to diminishing the level of sophistication presented in the original design, resulting a building that has a bulk and scale that is incongruous with the context and setting.

This impact can be mitigated to an acceptable level provided the essential fine scale detailing is returned to the design of the building. The proposed changes are supported by Council’s Heritage and Urban Design advisor, but only if the screening detail in incorporated into the design.

Traffic, Access and Parking

The development as modified will not alter the approved access arrangements within the development. The level of parking demand generated by the development is considered acceptable given the required contribution in lieu of the full extent of physical parking spaces being provided.

The surrounding street network continues to be capable of meeting the traffic demands of the development.

Heritage

The heritage aspects of the development as modified are addressed above.

Public Domain

The development as modified at street level at the junction with the public domain (the street/footpath) presents a more positive outcome with the approved inactive car parking presenting to the street being replaced with active shopfronts (i.e. the additional retail premises).

Neighbourhood Amenity

The development as modified is seeking to delete the previously required privacy screens on certain balconies and the BBQ area on Level 3.

It is noted that the amended plans still show the previously required screens on certain balconies within the west and east elevations. There is no objections to these remaining in place.

The original consent imposed a condition requiring privacy screening around the roof top BBQ area. This application to modify the consent seeks to increase the size of the BBQ area and install balustrading to a height of 1.35m.

The original condition was imposed to protect the privacy of the adjoining building at 24 McNamara Lane. By way of background, this property has a current approved use as a residential property but is currently being used as an office premises without consent. As such, Council staff need to be mindful of the approved use in their assessment and accordingly at the time the initial application was considered it was deemed necessary to protect the visual privacy of the adjoining neighbour.

Council staff did suggest to the applicant (when the modification was first lodged) that the balustrade be recessed from the edge of the building and use the recessed area to interrupt the downward sightlines. This was discounted by the applicant based on engineering constraints relating to wind loading.

Upon review of this aspect of the development the proposed screening/balustrading is acceptable. It is considered that the BBQ area will be used on an infrequent basis and that the balustrading at a height of 1.35m will prevent visual privacy impacts from a seated position, which is realistically how the BBQ area will be mostly utilised. These reasons, coupled with the fact that the land is not currently being used for residential purposes, in addition to the fact that the highest and best use of the adjoining property is not a residential use. The proposed amendments are considered acceptable.

This position is consistent with relevant case law, particularly Meriton v Sydney City Council [2004] NSWLEC 313 which established the principle that [i]n areas undergoing change, the impact on what is likely to be built on adjoining sites, as well as the existing development, should be considered.

In this particular circumstance the challenge arises with the fact that the adjoining property is currently being used for the purposes of an office premises and it is likely that the property in question will continue to be used for commercial purposes. On this basis the extent of privacy impacts resulting from the development as modified are considered acceptable.

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

Council has previously determined that the site is suitable for the proposed development There are no aspects of the site to indicate that it would be unsuitable to accommodate the modified development.

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

The proposed development is defined as "advertised development" under the provisions of the provisions of the Environmental Planning and Assessment Act and the Regulations. The application was advertised for the prescribed period of 14 days and at the end of that period no submissions were received.

It should be noted that the application when initially lodged with Council only dealt with the materiality changes. The application was advertised at this point also. No submissions were received during the first exhibition period. The applicant subsequently amended the application to include the additional retail tenancies, the request to review the Section 64 charges and the request to review the condition relating to street trees.

PUBLIC INTEREST s4.15(1)(e)

SUMMARY

The proposed modification is considered to be substantially the same development for which development consent was originally granted, but only on the stipulation that the vertical screens as described above are installed upon the building. As indicated above, relying on the decision of Iris Diversified Property Pty Ltd v Randwick City Council the development as modified would not pass a test of substantially the same development in the absence of the screen detail.

If Council were minded to delete the requirement for the screens to be installed, it is arguable that in doing so Council could remove their legal power to determine the modification application, and additionally, as detailed above, the development would not have the support of Council staff and Council’s Heritage and Urban Design advisor, and the proposed materiality change should not be supported.

A Section 4.15 assessment of the development indicates that the development is acceptable subject to certain conditions being imposed relating to the materiality of the subject building.

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

COMMENTS

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

Attachments

1 Notice of Approval, D19/35581 ⇩

2 Plans, D19/35548 ⇩

Council Meeting 25 June 2019

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 304/2016(3)

NA19/ Container PR27531

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

(AS MODIFIED)

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

Development Application
Applicant Name:	TPG Town Planning and Urban Design
Applicant Address:	Attention: Ashleigh Coombes PO Box 820 EDGECLIFF NSW 2027
Owner’s Name:	Eastern Developments Pty Ltd
Land to Be Developed:	Lot 200 DP 1225088 - 132 Kite Street, Orange (previously Lot 1 DP 197828, Lots 2-6 DP 131416 and Lots 1‑3 DP 779111 - 132-142 Kite Street and 26 McNamara Street, Orange)
Proposed Development:	Demolition, Hotel or Motel Accommodation, Restaurant or Cafe, Retail Premises and Subdivision (44 lot Strata)

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

Determination
Made On:	25 June 2019
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	5 April 2017
Consent to Lapse On:	5 April 2022

Terms of Approval

The reasons for the imposition of conditions are:

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

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

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

(5) 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) Plans numbered DA.01 (10.11.16), DA02(30.08.16), DA03(08.02.17), DA.04 (10.02.17), DA.05 (08.02.17), DA.06 (21.12.16), DA.07(10.11.16), DA.08 (30.08.16), DA.09(30.08.16), DA.10 (30.08.16), DA.11 (21.03.17), Exterior Finishes (03.11.16 and March 2017) (13 sheets)

Amending plans:

Plans by Havenhand Mather – Job No. 1605 MOD.01 dated 17 April 2019; MOD.02B dated 3 June 2019; MOD.03A dated 22 January 2019; MOD.04E dated 3 June 2019; exterior finished dated 25 March 2019 (5 sheets)

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

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

(3) A sign is to be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

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

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

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

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

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

DEMOLITION

PRIOR TO WORKS COMMENCING

(5) Due to the extensive nature of the demolition works and their 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.

(6) Prior to demolition works commencing, 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.

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

(8) A survey to determine the existence of any hazardous materials on the site is to be provided. Suitable arrangements are to be made to dispose of, or remediate, any identified hazardous materials - including the notification of authorities and/or the obtaining of any required permits. Particular care and attention is to be paid to the disposal of any waste containing asbestos material.

DURING DEMOLITION/SITEWORKS

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

(10) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

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

(12) Any asbestos material must be removed and disposed of in accordance with the provisions of the Work Health & Safety Act 2011 and any guidelines or Codes of Practice published by WorkCover.

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

(14) The existing sewer connection to the building proposed to be removed is to be sealed off at the sewer main.

(15) The existing water service connection to the building proposed to be removed is to be sealed off at the Council water main.

(16) Certification from Orange City Council is required shall be obtained on completion of the demolition works stating that all works relating to disconnection of the development from Council assets, works on Public Land, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions.

(17) A Tree Protection Zone (TPZ) as detailed in AS 4970 – 2009 shall be established on the development site 132 – 142 Kite Street for the Eucalyptus sp tree sited upon 145-147 Peisley Street.

(18) No excavation shall occur within 4 metres of the centre of the stem of the Eucalyptus sp tree sited upon 145-147 Peisley Street in accordance with the Tree Protection Zone required by Condition (17).

(19) 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.

CONSTRUCTION OF MOTEL, CAFE AND RETAIL PREMISES

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(20) Architectural plans must be amended prior to the issue of a Construction Certificate to include the following:

(deleted)

· A perforated or louvered metal screen around the north, west and east sides of each roof mounted unit. The height of each screen must be equal to the height of each unit. The screens must be finished with Colorbond Matt Dune.

· Pre-finished metal screens comprising material “J” as shown on exterior finishes plan dated 25^th March 2019 shall be fixed to all balconies (as proposed), and in addition, the same material noted as material “J” on exterior finishes plan dated 25^th March 2019 must extend vertically between levels 1, 2 and 3 at each end of the five bays of balconies as shown on the below figures.

Figure 1

Figure 2

· Ruled 5mm (nominal) joints at floor, window sill and window headlines.

· Material D on the Exterior Finishes plans dated 3 November 2016 and 25 March 2019 being the Lynia tile in Norestone Grey Basalt shall be applied to the full extent of the exterior walls on the ground floor elevations fronting Kite Street and McNamara Lane.

· (deleted)

Note It is suggested strongly that the applicant obtain advice from Council and its Heritage Adviser to ensure that stone material complies with heritage requirements.

(21) The payment of $328,747.88 shall be made to Council in accordance with Section 94 of the Act and Orange Car Parking Development Contributions Plan 2015 in lieu of the physical provision of adequate onsite car parking spaces.

Payment must be made prior to the issue of a Construction Certificate for the building structure.

The contribution shall be indexed quarterly in accordance with the Orange Car Parking Development Contributions Plan 2015, which may be inspected at the Orange Civic Centre, Byng Street, Orange.

(21A) Prior to the issue of a construction certificate, a plan shall be submitted to Council showing the precise location of the street trees to be planted in Kite Street and McNamara Lane. The plan(s) shall show the location of trees whilst ensuring the most amount of on-street car parking is achieved; and adequate sight distances are achieved where necessary.

(22) 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.

(23) 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.

(24) 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.

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

(26) Prior to the issue of a Construction Certificate, evidence shall be submitted to Council of the lodgement of plans with Land & Property Information to consolidate Lot 1 DP 197826, Lots 2-6 DP 131416 and Lots 1-3 DP 779111 into one parcel.

(27) 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.

(28) 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.

(29) 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.

(30) Engineering plans providing complete details of the 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.

(31) All stormwater from the site is to be collected and piped to the existing stormwater pits located on the corner of Kite Street and McNamara Lane. Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6), prior to issuing a Construction Certificate, is to approve engineering plans for this drainage system. The drainage works are to be in accordance with Orange City Council Development and Subdivision Code.

The existing stormwater line serving Lot 1 DP 779074 is to be included as part of the drainage works.

(32) The existing 150mm diameter sewer main is to be relocated clear of the proposed building. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council.

(33) 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.

(34) 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 23.05 ETs for water supply headworks and 36.55 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.

An unconditional bank guarantee will be accepted prior to issue of a construction certificate for the building structure as per Council fees, policies and procedures with full payment required prior to issue of an Occupation Certificate.

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

(35) 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.

(36) The 150mm diameter sewer main that crosses the site is to be accurately located in relation to the proposed building. Where the main is positioned adjacent to any part of the building, measures to support building footings and slabs are to be taken in accordance with Orange City Council Policy - Building over and/or adjacent to sewers ST009.

PRIOR TO WORKS COMMENCING

(37) A Tree Protection Zone (TPZ) as detailed in AS 4970 – 2009 shall be established on the development site 132 – 142 Kite Street for the Eucalyptus sp tree sited upon 145-147 Peisley Street.

(38) 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.

(39) 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.

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

DURING CONSTRUCTION/SITEWORKS

(41) No excavation shall occur within 4 metres of the centre of the stem of the Eucalyptus sp tree sited upon 145-147 Peisley Street in accordance with the Tree Protection Zone required by Condition (37).

Prior to removal of the TPZ to construct the vehicle crossover and driveway Council’s Manager City Presentation shall be contacted and approval gained to establish formwork within the TPZ for the construction of any hard surfacing.

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

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

(44) 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.

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

(46) 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.

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

(48) 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.

(49) 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.

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

(51) The existing basalt (bluestone) kerb and gutters in Kite Street and McNamara Lane are to be retained. Where bluestone exists in the location of the proposed new driveways, the bluestone gutter is to be retained and incorporated into the new vehicular layback. Any kerb stones removed as a result of the works are to be firstly used as kerb stones in the areas of reinstated kerb and any leftover stones returned to Council.

The existing driveways in Kite Street and McNamara 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.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(52) 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 Construction 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.

(53) An amended Car Parking Management plan must be submitted to and be approved by Council’s Manager Development Assessments accounting for the 80 on-site car parking spaces provided. The revised Car Parking Management plan must:

· Allocate 77 car parking spaces to the accommodation component of the proposed hotel, with one car parking space to be allocated to each of the 77 units; and

· Provide an appropriate methodology for each car park to be accessed at all times (i.e. all ‘tandem’ and ‘valet’ car parking spaces must be accessible to hotel occupants at all times via the valet parking system).

(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) Prior to the issue of an Occupation Certificate, evidence shall be submitted to Council of the registration of plans with the Department of Lands and Property Information to consolidate Lot 1 DP 197826, Lots 2-6 DP 131416 and Lots 1-3 DP 779111 into one parcel.

(59) 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 such as balconies and the BBQ area; waste collection times; delivery times, general access and security gate operations) along with measures to mitigate odours and fumes that could be emitted from the kitchen or waste storage area.

(60) 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.

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

(62) Prior to the issue of an Occupation Certificate the existing 2.0m wide interlot drainage easement benefiting Lot 1 DP 779074 shall be amended as required. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1979 is to be created on the title of the proposed development Lot requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the interlot drainage system. The minimum width of the easement is to be as required in the Orange City Council Development and Subdivision Code.

(63) 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.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(64) The applicant shall within 3 months from the issue of any Occupation Certificate arrange for street trees are to be supplied and installed in Kite Street and McNamara Street to Council’s specification, including removal of the existing Scotch Elm and refurbishment of the tree surround within the Kite Street frontage.

Each new tree site (three) in Kite Street is to be planted with a Fraxinus ‘Raywood’ – Claret Ash grown in a minimum 100 litre container size. Tree planting and surrounds are to be to the satisfaction of Council’s Manager City Presentation.

Each new tree site (three) and trees species in McNamara Street is to be determined in consultation with Council’s Manager City Presentation and Traffic Management Officer. Each street tree shall be of a minimum 100 litre container size and shall be installed in the parking lane on the McNamara Street frontage of the subject site. The tree sites shall be constructed using a tree pit in combination with structural soils methodology (for example City Greens Stratvault).

For the avoidance of doubt the tree pits are not required to be connected to Council’s stormwater system.

(65) Operating hours of the restaurant or café are restricted to between 6am - 11pm Monday to Sunday, inclusive.

(66) (deleted)

(67) The development must be operated in accordance with the approved car parking management plan required under Condition (53).

(68) (deleted)

(69) All garbage bins must be stored within the garbage bay at all times, other than on garbage collection days.

On garbage collection days, garbage bins must be stored in the garbage bay or within the property boundary between the conference room terrace and McNamara Street ingress.

(70) 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.

(71) 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.

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

(73) The development shall be operated in accordance with the approved Operational Management Plan.

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

(75) The use and fitout of the areas shown on the plans as Lease Area 2a, Lease Area 3 and Lease Area 4 have not been approved under this consent. The applicant shall obtain development consent for the first use of the above referenced tenancies.

STRATA SUBDIVISION

DURING CONSTRUCTION/SITEWORKS

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

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

(77) An easement is created for any existing electrical infrastructure. The easement is to be created using Essential Energy’s standard easement terms current at the time of registration of the plan of subdivision.

(78) Notification of Arrangement (confirming satisfactory arrangements have been made for the provision of power) must be issued by Essential Energy with respect to all proposed lots which will form part of the subdivision, prior to Council releasing the Subdivision Certificate. It is the applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the subdivision, which may include the payment of fees and contributions.

(79) Prior to the issue of a Subdivision Certificate, the applicant is to provide a written statement that the building complies with the Building Code of Australia with regard to fire separation and early warning systems.

(80) Application shall be made for a Subdivision Certificate under Section 109(C)(1)(d) of the Act.

(81) Certification from Essential Energy, stating that electricity and street lighting systems comply with Essential Energy’s Networks Division Customer Connection Policy NP11.1, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(82) An easement to drain sewage and to provide Council access for maintenance of sewerage works a minimum of 2.0 metres wide is to be created over the 150mm diameter sewer line. The Principal Certifying Authority is to certify that the easement is in accordance with the Orange City Council Development and Subdivision Code prior to the issuing of a Subdivision Certificate.

(83) All services are to be contained within the allotment that they serve. A Statement of Compliance, from a Registered Surveyor, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(84) Prior to the issuing of a Subdivision Certificate, Certification from Orange City Council is required stating that all works relating to connection of the development to Council assets, works on Public Land, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions.

(85) 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.

ADVISORY NOTES

(1) 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 97 of Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice.

* Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

*Disability Discrimination* Act 1992:	This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

Disclaimer - S88B Restrictions on the Use of Land:	The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	MARK HODGES – ACTING DIRECTOR DEVELOPMENT SERVICES
Date:	26 June 2019

[1] It is noted that there is still a requirement for a construction certificate to be issued for certain elements that have not been constructed as yet.

Cr G Hanger	Bathurst Regional Council	Cr K Keith	Parkes Shire Council
Mr D Sherley	Bathurst Regional Council	Mr K Boyd	Parkes Shire Council
Cr S Ferguson	Blayney Shire Council	Cr M Liebich	Weddin Shire Council
Ms R Ryan	Blayney Shire Council	Mr G Carroll	Weddin Shire Council
Cr K Beatty	Cabonne Council	Ms C Weston	RDACW
Ms H Nicholls (acting)	Cabonne Council	Mr K Purser	OLG
Cr D Somervaille	Central Tablelands Water	Mr A Albury	DPC
Mr G Rhodes	Central Tablelands Water	Ms A Shaw	DPC
Cr B West	Cowra Council	Ms J Bennett	Centroc
Mr S Loane	Forbes Shire Council	Ms Meredith Macpherson	Centroc
Cr J Medcalf	Lachlan Shire Council	Ms K Barker	Centroc
Mr G Tory	Lachlan Shire Council	Ms C Griffin	Centroc
Cr R Kidd	Orange City Council	Ms P Ewing	Lachlan Shire Council
Mr D Waddell (acting)	Orange City Council

Cr G Hanger	Bathurst Regional Council	Cr J Medcalf	Lachlan Shire Council
Cr S Ferguson	Blayney Shire Council	Cr R Kidd	Orange City Council
Cr K Beatty	Cabonne Council	Cr M Liebich	Weddin Shire Council
Cr B West	Cowra Shire Council	Cr K Keith	Parkes Shire Council

Mr D Sherley	Bathurst Regional Council	Mr G Rhodes	Central Tablelands Water
Ms R Ryan	Blayney Shire Council	Ms C Weston	RDACW
Ms H Nicholls (acting)	Cabonne Council	Mr A Albury	DPC
Mr G Tory	Lachlan Shire Council	Ms A Shaw	DPC
Mr S Loane	Forbes Shire Council	Ms J Bennett	Central NSW JO
Mr D Waddell (acting)	Orange City Council	Ms Meredith Macpherson	Central NSW JO
Mr K Boyd	Parkes Shire Council	Ms K Barker	Central NSW JO
Mr G Carroll	Weddin Shire Council	Ms C Griffin	Central NSW JO
Cr D Somervaille	Central Tablelands Water	Ms P Ewing	Lachan Shire Council

	30/05/2019	30/04/2019
General Fund	59,152,502.97	64,068,736.73
Water Fund	52,624,043.18	51,220,984.74
Sewer Fund	48,570,253.23	46,121,454.05

Total Funds	160,346,799.38	161,411,175.52

Externally Restricted	31/05/2019	30/04/2019
General Fund	24,594,666.29	24,620,136.14
Water Fund	52,624,043.18	51,220,984.74
Sewer Fund	48,570,253.23	46,121,454.05
Auspiced	1,945,707.01	1,838,119.94
Internally Restricted	13,690,212.87	13,726,976.62
Unrestricted	18,921,916.80	23,883,504.03
Total Funds	$160,346,799.38	$161,411,175.52

Term to Maturity Allocation	Maximum	Holding	Remaining Capacity
0 - 3 Months	100.00%	44.06%	55.94%
3 - 12 Months	100.00%	40.75%	59.25%
1 - 2 Years	70.00%	5.64%	64.36%
2 - 5 Years	50.00%	9.55%	40.45%
5+ Years	25.00%	0.00%	25.00%

Credit Rating	Maximum	Holding	Remaining Capacity	Value	Return on Investment
Bank Accounts	100.00%	7.74%	92.26%	$12,406,799.38	1.50%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	38.04%	61.96%	$61,000,000.00	2.66%
A	60.00%	24.45%	35.55%	$39,200,000.00	2.86%
BBB & NR	40.00%	29.77%	10.23%	$47,740,000.00	2.89%
Below BBB	0.00%	0.00%	0.00%	N/A	N/A

2019/
REPORT TO	WESTERN REGION PLANNING PANEL
FROM	SENIOR PLANNER (KENT)
DATE	23 MAY 2019
ON	DEVELOPMENT APPLICATION 346 LEEDS PARADE, ORANGE EDUCATIONAL ESTABLISHMENT (NEW BUILDING, ALTERATIONS AND ADDITIONS TO EXISTING BUILDING) AND ELECTRICITY GENERATING WORKS
	PR18701 - IC19/8847
Application Lodged		29 April 2019
Development Application No		DA 118/2019(1)
Plan No/s		Brewster Hjorth Architects drawings DA01, DA03, DA04, DA05, DA06, DA07, DA08, DA09, DA10, DA12, DA13, DA14, DA15, DA16, DA17, DA18, DA19, DA21, DA22 (19 sheets) Urbis Landscape Plans drawings 6.0 Tree Retention Plan, 7.0 Site Wide Master Plan, 8.0 Academic Hub Illustrative Plan, 9.0 Early Learning Hub Illustrative Plan, 11.0 Planting Strategy (5 sheets)
Applicant		Charles Sturt University C/- Premise NSW Pty Ltd PO Box 1963 ORANGE NSW 2800
Owner/s		Division of Facilities Management Charles Sturt University Panorama Avenue BATHURST NSW 2795
Land Description		Lot 301 DP 1047282 - 346 Leeds Parade, Orange
Proposed Land Use		Educational Establishment (new building, alterations and additions to existing building) and electricity generating works
Value of Proposed Development		$10,213,000
Provisions of LEP 2011 (amended)		Zone SP2 Infrastructure
Details of Advertisement of Project		Advertised in Orange City Life on Thursday, 16 May 2019 and neighbouring properties notified. Exhibition closed on Friday, 31 May 2019.
Recommendation		Approval

Development Application
Applicant Name:	Charles Sturt University, C/- Premise NSW Pty Ltd
Applicant Address:	PO Box 1963 ORANGE NSW 2800
Owner’s Name:	Division of Facilities Management
Land to Be Developed:	Lot 301 DP 1047282 - 346 Leeds Parade, Orange
Proposed Development:	Educational Establishment (new building, alterations and additions to existing building) and Electricity Generating System

Building Code of Australia building classification:	Class TBC

Determination made under Section 4.16
Made On:	18 June 2019
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	19 June 2019
Consent to Lapse On:	19 June 2024

*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:	19 June 2019

Program	Adopted Budget	Actual/	Remaining
Program	Adopted Budget	committed	balance
General Donations ¹	$55,000.00	$55,000.00	$0.00
Wood and Heating Bank Vouchers	$5,000.00	$5,000.00	$0.00
Major Promotions ²	$45,500.00	$45,500.00	$0.00
Emergent Funding Quarter 1	$5,000.00	$5,000.00	$0.00
Emergent Funding Quarter 2	$5,000.00	$5,000.00	$0.00
Emergent Funding Quarter 3	$5,000.00	$5,000.00	$0.00
Emergent Funding Quarter 4	$5,000.00	$5,000.00	$0.00
Other Funding Sources		$12,352.03
Orange Harness Racing	$20,000.00	$20,000.00	$0.00
Waratah’s Sporting Club contribution	$96,354.00	$96,354.00	$0.00
Sports Participants Grants	$13,900.00	$8,541.00	$5,359.00
Sports Capital Improvement Grants	$50,000.00	$50,000.00	$0.00
TOTAL	$305,754.00	$312,747.03	$5,359.00

Applicant 116	Orange Emus Rugby Club
Not for Profit	Yes.
Purpose of the Request Mowing and marking of rugby fields.
Amount Requested $1,000.00 in kind-donation (value of two lots of mowing and marking)
Policy Category General Donations - Miscellaneous - Maximum $2,000.00
Comment and Recommendation Under normal circumstances, this application would be ineligible for consideration because Orange Emus Rugby Club received a donation in the amount of $13,000.00 in this financial year under the Sports Facility Fund. Given the loss of the Club's grounds-maintenance equipment in the fire that destroyed its equipment-storage shed, Council is requested to now favourably consider this request. As the General Donations fund has been fully expended, it is recommended that any donation approved be made from the Sport Participant Fund. Council is also requested to ratify the decision to have already once marked and mown the Emus grounds (value $500.00 in-kind, half of the request above) due to the emergency situation faced by the Club.

	Shed Space	Estimated cost per annum	Garage Requirement	Estimated cost per annum	Total cost per annum
Rotary of Orange Daybreak	3m x 6m shed	$2,236	· Garage for truck	$3,172	$5,408
Orange North Rotary	3m x 3m shed	$1,560	· Double garage	$4,472	$6,032
Orange Lions Club	Nil		· Double garage; and · Garage for Catering van	$4,472 $3,172	$7,644
Canobolas Lions Club	Nil		· 2 x double garages; and · Garage for Catering van	$8,944 $3,172	$12,116
				TOTAL	$31,200


Service Delivery	There will be some opportunities to reallocate staff time to other tasks including the regional economic development strategy project detailed in this report.
Image and Reputation	The Evocities marketing campaigns and associated platforms do contain a promise of a level of service to potential relocators. There is image and reputation risk associated with the termination of the program.
Political	The Evocities program was popular with some NSW Government members who viewed it as strong regional collaboration, however that did not always equate to funding support.
Stakeholders	The recent emergence of Regional Cities NSW representing 16 cities may seek to fill the Evocities gap.