Ordinary Council Meeting

 

Agenda

 

16 July 2019

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 16 July 2019 commencing at 7.00pm.

 

 

David Waddell

Acting General Manager

 

For apologies please contact Administration on 6393 8218.

  

 


Council Meeting                                                                                                 16 July 2019

Agenda

EVACUATION PROCEDURE

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

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

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

  

1                Introduction.. 3

1.1            Apologies and Leave of Absence. 3

1.2            Livestreaming and Recording. 3

1.3            Acknowledgement of Country. 3

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

2                Mayoral Minutes. 3

Nil

3                Confirmation of Minutes of Previous Meeting.. 3

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 02 July 2019. 4

4                Notices of Motion/Notices of Rescission.. 10

Nil

5                General Reports. 11

5.1            Recommendations and Resolutions from Policy Committees. 11

5.2            Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. 33

5.3            Statement of Investments - June 2019. 65

5.4            Development Application - DA 91/2019(1) - 5 Lily Pilly Place. 71

6                Closed Meeting - See Closed Agenda.. 161

6.1            Invest in Orange Region Project 163

6.2            Tender - Collection and Processing of Used Mattresses. 165

6.3            Sale of 61 Casey Street, Orange. 167

6.4            Lease of Hangar W Orange Airport 169

7                Resolutions from closed meeting.. 170

 


Council Meeting                                                                                                 16 July 2019

1       Introduction

1.1     Apologies and Leave of Absence

1.2     LIVESTREAMING AND RECORDING

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

1.3     Acknowledgement of Country

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

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

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

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

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

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

Recommendation

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

2       Mayoral Minutes

Nil     

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 2 July 2019 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 2 July 2019.

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 2 July 2019



ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 2 July 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 (7.08pm), Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton

Acting General Manager (Waddell), Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Development Assessment

 

1.1     APOLOGIES

Nil

 

1.2     LIVESTREAMING AND RECORDING

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

 

1.3     ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted the Acknowledgement of Country

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

 Nil

2       Mayoral Minutes

Nil 


 

GOOD NEWS FOLDER

1        Letter from Orange Harness Racing Club thanking Orange City Council for support and sponsorship of the Carnival of Cups at Towac Park on the 3rd & 10th of February. The Carnival of Cups attracted horses from Menangle Park, Bobs Farm, Grenfell, Dubbo, Goulburn, Exeter and Hall ACT. These 2 race meets also showcase Towac Parks grass track, the only one in NSW to race on.

2        A call was taken from Margaret Finlay who wanted to pass on her thanks and appreciation for the excellent job the street sweeper did on her street. She called Council to help clean the street and she was very happy with the service she received.

 

 

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

 

OPEN FORUM

Amorette Zielinski from the Central West Mums – Mum Fest spoke regarding Item 5.3 of the Finance Policy Committee - Event Sponsorship Program.

 

** Cr  Munro arrived at the meeting with the time being 7.08pm.**

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.09PM

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 19/341                                                                          Cr J Whitton/Cr S Nugent

That the Minutes of the Ordinary Meeting of Orange City Council held on 25 June 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 25 June 2019.

For: Unanimous

Against: Nil

Absent: Nil

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.09PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.11PM.


 

4       Notices of Motion/Notices of Rescission

4.1     Notice of Motion - Reflection Chair at cook park

TRIM Reference:        2019/1020

RESOLVED - 19/358                                                                           Cr T Mileto/Cr J Hamling

That Orange City Council support the placement of a 'Reflection Chair' and a 'Plaque' in the immediate vicinity at Cook Park and also contribute to the cost of the same.

 

For: Unanimous

Against: Nil

Absent: Nil

 

5       General Reports

5.1     Options Report - Public Space Amenities

TRIM Reference:        2019/1261

RESOLVED - 19/359                                                                             Cr G Taylor/Cr S Munro

That Council resolves:

1        That Council note the report;

 

For: Unanimous

Against: Nil

Absent: Nil

 

RESOLVED - 19/360                                                                                Cr G Taylor/Cr R Kidd

2        That staff commence the process of installing an appropriately sized toilet block at the northern end of Robertson Park.

 

For: Cr Duffy, Cr Taylor, Cr Whitton, Cr Turner, Cr Mileto, Cr Munro, Cr Previtera, Cr Romano, Cr Hamling, Cr Kidd

Against: Cr McRae, Cr Nugent

Absent: Nil

 

5.2     Upcoming Conference - Inland Rail Conference 21-22 August 2019

TRIM Reference:        2019/1292

RESOLVED - 19/361                                                                          Cr J Whitton/Cr R Turner

That Council note the Inland Rail Conference in Toowoomba 21-22 August 2019.

 

For: Unanimous

Against: Nil

Absent: Nil

5.3     Event Sponsorship Program

TRIM Reference:        2019/1311

RESOLVED - 19/362                                                                          Cr S Nugent/Cr J Hamling

That Council resolves to:

1        Place the draft Event Sponsorship Program guidelines, online application questions and Event Sponsorship Policy on public exhibition for 28 days.

 

For: Unanimous

Against: Nil

Absent: Nil

 

5.4     Grey-headed Flying-fox ephemeral camp, Cook Park

TRIM Reference:        2019/1345

RESOLVED - 19/363                                                                                 Cr R Kidd/Cr G Taylor

That Council resolves:

1        That the report on Grey-headed Flying-fox ephemeral camps in Cook Park be noted;

2        That a Flying Fox Education Program be developed and implemented.

3        That Council continue to research and monitor possible Flying Fox abatement.

 

For: Unanimous

Against: Nil

Absent: Nil


 

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 - 19/364                                                                               Cr K Duffy/Cr R Turner

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 Ready Mix Concrete

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.

For: Unanimous

Against: Nil

Absent: Nil

 

 

     

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.58PM.

The Mayor declared the Ordinary Meeting of Council resumed at 9.01PM


 

 

7       Resolutions from Closed Meeting

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

6.1     Tenders for Ready Mix Concrete

TRIM Reference:        2019/1282

RESOLVED - 19/365                                                                               Cr R Turner/Cr K Duffy

That Council resolves to:

1        Approve the establishment of a new Ready Mix Concrete Supply Panel under the Council’s Purchasing Policy;

2        Approve the General Manager, or his nominee, to enter into a standard contract with Boral Resources (Country), Hanson Construction Materials, Holcim Australia and Midwestern Mini Mix for supply of ready mix concrete as part of the Panel;

3        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 M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton

Voted Against

Nil

Absent

Nil

 

The Meeting Closed at 9.02PM

 

This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 2 July 2019.

  


Council Meeting                                                                                                 16 July 2019

4       Notices of Motion/Notices of Rescission

Nil


Council Meeting                                                                                                 16 July 2019

 

 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM REFERENCE:        2019/1419

AUTHOR:                       Samantha Freeman, Acting Director Corporate and Commercial Services    

 

 

EXECUTIVE SUMMARY

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

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

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

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

 


 

Recommendation

1        That the resolutions made by the Planning and Development Committee at its meeting held on 2 July 2019 be noted.

2        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 2 July 2019 be noted.

3        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 2 July 2019 be noted.

4        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 2 July 2019 be noted.

5        That the resolutions made by the Finance Policy Committee at its meeting held on 2 July 2019 be noted.

6        That the resolutions made by the Services Policy Committee at its meeting held on 2 July 2019 be noted.

 

further considerations

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

SUPPORTING INFORMATION

Planning and Development Committee

At the Planning Committee meeting held on 2 July 2019, all resolutions were made under delegation, and the minutes are presented for noting.

Employment and Economic Development Policy Committee

At the Employment and Economic Development Policy Committee meeting held on 2 July 2019, all resolutions were made under delegation, and the minutes are presented for noting.

Infrastructure Policy Committee

At the Infrastructure Policy Committee meeting held on 2 July 2019, all resolutions were made under delegation, and the minutes are presented for noting.

Environmental Sustainability Policy Committee

At the Environmental Sustainability Policy Committee meeting held on 2 July 2019, all resolutions were made under delegation, and the minutes are presented for noting.

Finance Policy Committee

At the Finance Policy Committee meeting held on 2 July 2019, all resolutions were made under delegation, and the minutes are presented for noting.


 

Services Policy Committee

At the Services Policy Committee meeting held on 2 July 2019, all resolutions were made under delegation, and the minutes are presented for noting.

 

Attachments

1          PDC 2 July 2019 Minutes, 2019/1374

2          EEDPC 2 July 2019 Minutes, 2019/1375

3          IPC 2 July 2019 Minutes, 2019/1376

4          ESPC 2 July 2019 Minutes, 2019/1377

5          FPC 2 July 2019 Minutes, 2019/1380

6          SPC 2 July 2019 Minutes, 2019/1381

  


Planning and Development Committee                                                     16 July 2019

Attachment 1      PDC 2 July 2019 Minutes


ORANGE CITY COUNCIL

MINUTES OF THE

Planning and Development Committee

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

ON 2 July 2019

COMMENCING AT 7.10pm


 1      Introduction

Attendance

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

Acting General Manager (Waddell), Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Development Assessment.

 

APOLOGIES AND LEAVE OF ABSENCE

Nil

 

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

Nil

 

2       General Reports

2.1     Items Approved Under the Delegated Authority of Council

TRIM Reference:        2019/1117

RESOLVED - 19/342                                                                         Cr K Duffy/Cr M Previtera

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

 

For: Unanimous

Against: Nil

Absent: Nil


 

 

2.2     Amendment to Development Control Plan in relation to flooding

TRIM Reference:        2019/1266

RESOLVED - 19/343                                                                                Cr R Kidd/Cr S Munro

That Council resolves:

1        To place the attached draft DCP Chapter as an amendment on exhibition, for 28 days concurrently with the flood study and LEP Housekeeping amendment.

2        That upon adoption, the draft DCP be known as chapter 4A Flood Affected Land.

3        That, in order to avoid duplication, the exhibition include a proposed repeal of section 5.3 of the Phillip Street DCP, which relates to flooding.

 

For: Unanimous

Against: Nil

Absent: Nil

 

The Meeting Closed at 7.13pm.


Employment and Economic Development Policy Committee               16 July 2019

Attachment 2      EEDPC 2 July 2019 Minutes


ORANGE CITY COUNCIL

MINUTES OF THE

Employment and Economic Development Policy Committee

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

ON 2 July 2019

COMMENCING AT 7.14pm


 1      Introduction

Attendance

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

Acting General Manager (Waddell), Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Development Assessment.

APOLOGIES AND LEAVE OF ABSENCE

Nil

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

Nil 

2       Committee Minutes

2.1     Minutes of the Economic Development Community Committee meeting held on 15 May 2019

TRIM Reference:        2019/1318

RESOLVED - 19/344                                                                                Cr R Kidd/Cr S Munro

1        That Council acknowledge the reports presented to the Economic Development Community Committee at its meeting held on 15 May 2019.

2        That the remainder of the minutes of the Economic Development Community Committee of 15 May 2019 be adopted.

 

For: Unanimous

Against: Nil

Absent: Nil

 

 

2.2     Minutes of the Economic Development Community Committee meeting held on 12 June 2019

TRIM Reference:        2019/1172

RESOLVED - 19/345                                                                                Cr R Kidd/Cr S Munro

1        That Council acknowledge the reports presented to the Economic Development Community Committee at its meeting held on 12 June 2019.

2        That Council determine the recommendations from 3.1 and 3.2 from the minutes of the Economic Development Community Committee held on 12 June 2019.

          3.1     Matter Arising

                   That Council conduct a launch of products developed with the Spendmapp data and invite members of the Economic Development Community Committee, Master Builders Association, Business HQ, Orange Chamber of Commerce, Central West Business Chamber, Put Orange First and the broader medical industry. The launch will also include an update on the Future City project and public exhibition.

          3.2     Matter Arising

                   That the Committee acknowledge the contribution of Mark Burdack to the economic development of Orange.

3        That the remainder of the minutes of the Economic Development Community Committee held on 12 June 2019 be adopted.

 

For: Unanimous

Against: Nil

Absent: Nil

The Meeting Closed at 7.18pm.


Infrastructure Policy Committee                                                               16 July 2019

Attachment 3      IPC 2 July 2019 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Infrastructure Policy Committee

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

ON 2 July 2019

COMMENCING AT 7.18pm


 1      Introduction

Attendance

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

Acting General Manager (Waddell), Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Development Assessment.

 

APOLOGIES AND LEAVE OF ABSENCE

Nil

 

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

Nil

 

2       Committee Minutes

2.1     Minutes of the City of Orange Traffic Committee meeting - 11 June 2019

TRIM Reference:        2019/1258

RESOLVED - 19/346                                                                     Cr J Hamling/Cr M Previtera

That Council resolves:

1        To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 11 June 2019.

2        Recommendations 3.1 to 3.3 and 3.5 and 3.6 from the minutes of the City of Orange Traffic Committee meeting of 11 June 2019 being:

3.1     That Council installs No stopping signs in Bletchington Street at the intersection of McLachlan Street as shown in Annexure A of this report;

3.2     That Council installs No Stopping signs along both sides of Hanrahan Place from the entrance to 100m from the extremity of the cul-de-sac;

3.3     That Council installs No Stopping signs on Green Lane opposite Hillcrest Avenue as per Annexure A of this report after seeking comments from the landowners fronting the proposed No Stopping zone;

3.5     That Council erects wayfinding signage to the Orange Visitors Centre as per the body of this report;

3.6     That the conditional approval for the 2019 NAIDOC march on 28 October 2019 be endorsed subject to compliance with the attached conditions.

 

For: Unanimous

Against: Nil

Absent: Nil

 

3       General Reports

3.1     Current Works

TRIM Reference:        2019/1274

RESOLVED - 19/347                                                                                Cr R Kidd/Cr S Munro

That Council resolves to note the report on Current Works.

 

For: Unanimous

Against: Nil

Absent: Nil


 

 

QUESTIONS TAKEN ON NOTICE

Cr Taylor requested information be provided regarding the ability to dredge or de-silt the city’s water supply dams and re-visit the use of Lucknow mine water as an emergency water supply.

 

Cr Duffy requested information be sought regarding Rex Airlines, should any matters arise with their service to the Orange Airport.

 

Cr Whitton requested Council write to the landlords of Orange Central Square requesting action be taken to the footpath and driveway at the western entry to the Kmart carpark.

 

The Meeting Closed at 7:35PM.


Environmental Sustainability Policy Committee                                    16 July 2019

Attachment 4      ESPC 2 July 2019 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Environmental Sustainability Policy Committee

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

ON 2 July 2019

COMMENCING AT 7.33pm


 1      Introduction

Attendance

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

Acting General Manager (Waddell), Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Development Assessment.

 

APOLOGIES AND LEAVE OF ABSENCE

 

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

Nil

 

2       Committee Minutes

2.1     Minutes of the Parks, Trees and Waterways Community Committee held on 22 May 2019

TRIM Reference:        2019/1085

RESOLVED - 19/348                                                                            Cr S Nugent/Cr S Munro

1        That Council acknowledge the reports presented to the Parks, Trees and Waterways Community Committee at its meeting held on 22 May 2019.

2        That Council determine recommendations 3.1 and 3.2 from the minutes of the Parks, Trees and Waterways Community Committee meeting of 22 May 2019.

3.1     Parks, Trees and Waterways Community Committee Action Plan

                   1        That the Parks, Trees and Waterways Community Committee Action Plan be reviewed and priorities determined; and

                   2       That a presentation on the Street Tree master Plan be conducted.

          3.2     City Entrance Signage

                   1        That the report providing examples of town entry signs and their indicative cost be noted;

                   2        Concepts and costing be developed for Orange similar to the style of Towong and Stanthorpe for the Bathurst Road (Mitchell Road) entrance;

3        Concepts and costing be developed for secondary entrance signs consisting of a hardwood element of a scale similar to the City of Wanneroo for Molong Road, Cargo Road, Escort Way and Airport.

3        That the remainder of the minutes of the Parks, Trees and Waterways Community Committee at its meeting held on 22 May 2019 be adopted.

 

For: Unanimous

Against: Nil

Absent: Nil

 

QUESTION TAKEN ON NOTICE

Cr Romano requested updated information on the progress of the Stop and Rest side on the Mitchell Highway on the eastern entry to Orange.


 

2.2     Minutes of the Companion Animals Community Committee Meeting – 3 June 2019

TRIM Reference:        2019/1179

RESOLVED - 19/349                                                                          Cr S Nugent/Cr J Whitton

1        That Council acknowledge the reports presented to the Companion Animals Community Committee at its meeting held on 3 June 2019.

2        That Council resolve recommendations 3.1 and 3.2 from the minutes of the Companion Animals Community Committee meeting of 3 June 2019 being:

          Item 3.1

            1     That Council initiate discussion with Cabonne Council in regards to the issue of animals being handed in at Orange that appear to come from Cabonne Shire and as a consequence Council has escalating costs of handling these animals.

            2     That Council advertise the new rules/legislation in regard to selling a companion animal after 1 July 2019 through the Council website, Facebook page and the media.

   Item 3.2

            1     That the concept plan for the Webb Street, North Orange park area including the off-leash dog park include:

·    Off street parking.

·    Three dual entry gate entrances.

·    Three human/dog water fountains.

·    Separate fenced areas for large and small dogs.

·    Seating in both shade and open areas.

·    A shade/shelter structure to be located outside of the dog enclosure near the bridge entry.

·    Minimum 1.5m high fencing to be constructed around the perimeter of the off leash area.

                     2     That Council include funding for the off leash area at Webb Street, North Orange in the 2019/2020 Budget.

                     3     That the Companion Animals Community Committee support the Spring Hill Community Committee with the recommendation to provide an off leash area in Spring Hill.

3          That the remainder of the minutes of the Companion Animals Community Committee at its meeting held on 3 June 2019 be adopted.

 

For: Unanimous

Against: Nil

Absent: Nil

 

MATTER ARISING

Cr Romano requested that further investigation be undertaken to address the feral cats in Stirling Avenue.

 

2.3     Minutes of the Environmental Sustainability Community Committee Meeting - 14 June 2019

TRIM Reference:        2019/1181

RESOLVED - 19/350                                                                               Cr R Kidd/Cr S Nugent

1        That Council acknowledge the reports presented to the Environmental Sustainability Community Committee at its meeting held on 14 June 2019.

2        That Council determine recommendations  3.3, 3.4, 3.7, 3.10 from the minutes of the Environmental Sustainability Community Committee meeting of 14 June 2019, being:

3.2     Water Report Update - Cyril Smith

1       That the Environmental Sustainability Community Committee request a memo from the Acting Director Development Services containing information on the State Environmental Planning Policy and BASIX in relation to water management.

2       That the Committee also request a report or update on the use of permeable surfaces in Council works or other developments in the City of Orange.

3.4     Plastic Free July Planning by Nick King

1       That the Committee request Council staff to investigate locations at North Orange Shopping Centre and the Summer Centre as spots for a Waste Free Alternatives Pop-up.

2       That the Manager Waste Services and Technical Support update the Committee in respect to bio-plastics.

3       That Committee members who are able meet in Committee Room 3, On Thursday 20 June 2019 at 4.30pm to discuss and finalise planning for Plastic Free July.

3.7     Woodsmoke and Particle Pollution Initiatives by Nick King

That the Acting Director Development Services requests Council’s Trainee Environmental Health Officer (EHO), Greg Perry, present an update on his research on particle pollution to the committee at the next meeting.

3.10   EOH Pollutants Monitoring in Orange - Robert Alford

That the EOH website and link which distributes the information regarding particle pollution be more widely advertised/promoted by Council so that the community has better access and knowledge.

3        That the remainder of the minutes of the Environmental Sustainability Community Committee at its meeting held on 14 June 2019 be adopted.

 

For: Unanimous

Against: Nil

Absent: Nil

The Meeting Closed at 7.49pm.


Finance Policy Committee                                                                               16 July 2019

Attachment 5      FPC 2 July 2019 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Finance Policy Committee

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

ON 2 July 2019

COMMENCING AT 7.50pm


 1      Introduction

Attendance

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

Acting General Manager (Waddell), Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Development Assessment.

 

APOLOGIES AND LEAVE OF ABSENCE

Nil

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

Nil

2       General Reports

2.1     Requests for Financial Assistance - Quarter 1 of 2019/20 - General Donations

TRIM Reference:        2019/1280

RESOLVED - 19/351                                                                           Cr J Hamling/Cr S Munro

The Council resolves:

1        That a donation of $2,000.00 be made from the General Donations Program to the Orange Preschool Kindergarten (rates reimbursement).

2        That a donation of $2,000.00 be made from the General Donations Program to the 3rd Orange Scout Camp (rates reimbursement).

3        That a donation of $600.00 be made from the General Donations Program to the City of Orange Eisteddfod Society Inc (prize giving).

4        That a donation of $300.00 be made from the General Donations Program to the Orange Lacemakers (equipment purchase).

5        That a donation of $488.98 be made from the General Donations Program to the Spring Hill Recreation Trust (equipment purchase).

6        That a donation of $1,286.81 be made from the General Donations Program to the Girl Guides Association - Orange District (rates reimbursement).

7        That a donation of $1,500.00 be made from the General Donations Program to the Canobolas Highland Pipe Band (performances throughout the year).

8        That the donation request from Penny Todman be declined.

9        That a donation of $2,000.00 be made from the General Donations Program to the Orange Community Broadcasters (equipment purchase).

10      That a donation of $2,000.00 be made from the General Donations Program to the Orange and District Early Education Program.

11      That a donation of $2,000.00 be made from the General Donations Program to the Bowen Community Technology Centre (education project).

12      That a donation of $1,020.00 be made from the General Donations Program to the Matthew Brown (United Nations National Youth Conference).

13      That a donation of $1,150.00 be made from the General Donations Program to the Australian Breastfeeding Association - Orange (equipment purchase and running meetings).

14      That a donation of $500.00 be made from the General Donations Program to the War Widows Guild of Australia - Orange (outings, lunches and other events).

15      That a donation of $1,859.63 be made from the General Donations Program to Colour City Creatives (rates reimbursement).

16      That a donation of $2,000.00 be made from the General Donations Program to the Orange Push for Palliative (OP4P) (Palliative Care Garden - hire-fees reduction).

17      That a donation of $2,000.00 be made from the General Donations Program to The Shepherd Centre (Reach Out and Connect).

18      That a donation of $1,000.00 be made from the General Donations Program to the Orange Public School P & C Association (Orange Open Gardens).

19      That a donation of $2,000.00 be made from the General Donations Program to the Orange Bush Nippers (hire-fees reduction for using Orange Aquatic Centre).

20      That a donation of $2,000.00 be made from the General Donations Program to the Orange Eight Day Games Committee (Orange Eight Day Games 2019).

21      That a donation of $2,000.00 be made from the General Donations Program to the Orange Stroke Recovery Group (equipment purchase and activities).

22      That a donation of $2,000.00 be made from the General Donations Program to Fusion Australia Ltd (Place of Rest and Relaxation).

23      That a donation of $2,000.00 be made from the General Donations Program to Lifeline Central West Inc (support of Lifeline services).

 

For: Unanimous

Against: Nil

Absent: Nil

 

2.2     Requests for Financial Assistance - Quarter 1 of 2019/20 - Event Sponsorship

TRIM Reference:        2019/1312

RESOLVED - 19/352                                                                         Cr K Duffy/Cr M Previtera

The Council resolves:

1        That funding of $600 be made from the Major Promotions Event Funding Program to the Fire and Ice Orange Incorporated (Council venue and cleaning fees reimbursement).

2        That funding of $3,000 be made from the Major Promotions Event Funding Program to the Central West Mums Group (seed funding for event promotion).

3        That funding of $500 be made from the Major Promotions Event Funding Program to the Emus Rugby Club (event promotion).

4        That funding of $1,000 be made from the Major Promotions Event Funding Program to the Climate Action Orange (seed funding for event promotion).

5        That funding of $5,000 be made from the Major Promotions Event Funding Program to the Orange Region Vignerons Association (event promotion).

6        That funding of $500 be made from the Major Promotions Event Funding Program to the City of Orange Veterans Golf Incorporated (event promotion).

7        That funding of $3,500 be made from the Major Promotions Event Funding Program to the HD Awareness Orange Incorporated (Council venue fees and event promotion).

8        That funding of $2,400 be made from the Major Promotions Event Funding Program to the Lions Club of Orange (event promotion).

9        That funding of $5,000 be made from the Major Promotions Event Funding Program to the Australian National Field Days Incorporated (event promotion).

10      That funding of $5,000 be made from the Major Promotions Event Funding Program to the Rotary Club of Orange (event promotion).

 

 

 

11      Place the proposed allocation of funds to Fire and Ice Orange Incorporated and Central West Mums Group who are businesses acting for profit on public exhibition  for a minimum of 28 days (in accordance with section 356 of the Local Government Act 1993).

 

For: Unanimous

Against: Nil

Absent: Nil

 

The Meeting Closed at 7.55pm


Services Policy Committee                                                                              16 July 2019

Attachment 6      SPC 2 July 2019 Minutes


ORANGE CITY COUNCIL

MINUTES OF THE

Services Policy Committee

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

ON 2 July 2019

COMMENCING AT 7.56pm


 1      Introduction

Attendance

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

Acting General Manager (Waddell), Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Development Assessment.

APOLOGIES AND LEAVE OF ABSENCE

Nil

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

Nil

2       Committee Minutes

2.1     Minutes of the Community Safety and Crime Prevention Committee – 27 May 2019

TRIM Reference:        2019/1114

RESOLVED - 19/353                                                                                Cr R Kidd/Cr S Munro

1        That Council acknowledge the reports presented to the Community Safety and Crime Prevention Committee at its meeting of 27 May 2019;

2        That Council resolve recommendation 3.1 from the minutes of the Community Safety and Crime Prevention Committee meeting of 27 May 2019 being:

          3.1     That the information on the Central West Police District Report be noted.

3        That the remainder of the minutes of the Community Safety and Crime Prevention Committee Meeting of 27 May 2019 be adopted.

 

For: Unanimous

Against: Nil

Absent: Nil

 

2.2     Minutes of the Ageing and Access Community Committee - 29 May 2019

TRIM Reference:        2019/1277

RESOLVED - 19/354                                                                               Cr K Duffy/Cr T Mileto

1        That Council acknowledge the reports presented to the Ageing and Access Community Committee at its meeting held on 29 May 2019.

2        That Council resolve the recommendations 3.1, 3.2 and 4.1 from the minutes of the Ageing and Access Community Committee meeting of 29 May 2019 being:

3.1     (1) That the information provided in the letter from Housing Plus be   acknowledged.

          (2) That the Ageing and Access Community Committee support Housing Plus in    their endeavours to provide more affordable social housing in Orange.

          3.2     That the Age Friendly Forum Draft Action Plan be updated.

          4.1     That the Ageing and Access Community Committee Action Plan be reviewed         and updated.

3        That the remainder of the minutes of the Ageing and Access Community Committee at its meeting held on 29 May 2019 be adopted.

 

For: Unanimous

Against: Nil

Absent: Nil

 

MATTER ARISING

Cr Taylor requested businesses operating with outdoor dining be reminded of their responsibilities in regards to ensuring the footpath is kept clear.

 

 

2.3     Minutes of the NAIDOC Week Community Committee - 6 June 2019

TRIM Reference:        2019/1295

RESOLVED - 19/355                                                                                  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 6 June 2019.

2        The remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 6 June 2019 be adopted.

 

For: Unanimous

Against: Nil

Absent: Nil


 

 

2.4     Minutes of the Lucknow Community Committee - 13 June 2019

TRIM Reference:        2019/1283

RESOLVED - 19/356                                                                       Cr M Previtera/Cr T Mileto

1        That Council acknowledge the reports presented to the Lucknow Community Committee at its meeting held on 13 June 2019.

2        That Council resolve recommendation 4.2 from the minutes of the Lucknow Community Committee meeting of 13 June 2019.

          4.2     That consideration be given to opening Wentworth Mine an additional weekend in conjunction with major events in October 2019, January 2020 and February 2020 subject to funding being identified and reallocated.

3        That the remainder of the minutes of the Lucknow Community Committee at its meeting held on 13 June 2019 be adopted.

 

For: Unanimous

Against: Nil

Absent: Nil

 

3       General Reports

3.1     Alcohol Free Zone Proposal, 1 November 2019 - 31 October 2023

TRIM Reference:        2019/1317

RESOLVED - 19/357                                                                             Cr R Turner/Cr T Mileto

That Council resolves:  

1        Pursuant to Sections 644, 644A, 644B, 644C and 646 of the Local Government Act 1993 (as amended) to re-establish an Alcohol Free Zone in the public roads and car parks within the area bounded by Hill Street to the west, William Street and Endsleigh Avenue to the east, Prince Street to the north and Moulder Street to the south, for a period of four years from 1 November 2019 to 31 October 2023, with an exemption for events in Robertson Park whereby formal approval has been requested in writing to the General Manager, and approval has been provided.

2        To undertake the required formal community consultation as outlined in the Alcohol Free Zone Proposal 1 November 2019 - 31 October 2023 by the Manager Community Services.

 

For: Unanimous

Against: Nil

Absent: Nil

 

The Meeting Closed at 8.11pm.


Council Meeting                                                                                                 16 July 2019

 

 

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

TRIM REFERENCE:        2019/1420

AUTHOR:                       Samantha Freeman, Acting Director Corporate and Commercial Services     

 

 

EXECUTIVE Summary

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

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the information provided in the report by the Manager Corporate Governance on Outstanding and Completed Notices of Motion, Questions of Notice and Matters arising be acknowledged.

 

further considerations

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

SUPPORTING INFORMATION

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

Attachments

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

2          Completed Resolutions from Council Meetings (including Questions Taken on Notice etc) - Summary, 2019/937

 


Council Meeting                                                                                                                           16 July 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 8 July 2019

Status

Pending

Overdue

 

Date of Meeting

Meeting

QUESTIONS ON NOTICE/MATTERS ARISING

Action Taken/Comment 

STATUS

2 July 2019

ESPC

QUESTION TAKEN ON NOTICE

Cr Romano requested updated information on the progress of the Stop and Rest site on the Mitchell Highway on the eastern entry to Orange.

Concept design complete. Awaiting funding opportunities.

 

2 July 2019

ESPC

MATTER ARISING

Cr Romano requested that further investigation be undertaken to address the feral cats in Stirling Avenue.

Investigation to be undertaken. Issues relating to welfare of animals caught in traps need further consideration.

 

2 July 2019

IPC

QUESTIONS TAKEN ON NOTICE

Cr Taylor requested information be provided regarding the ability to dredge or de-silt the city’s water supply dams and re-visit the use of Lucknow mine water as an emergency water supply.

Researching. Information will be provided to Councillors.

 

2 July 2019

IPC

Cr Whitton requested Council write to the landlords of Orange Central Square requesting action be taken to the footpath and driveway at the western entry to the Kmart carpark.

Letter to be written to landlords.

 

2 July 2019

SPC

MATTER ARISING

Cr Taylor requested businesses operating with outdoor dining be reminded of their responsibilities in regards to ensuring the footpath is kept clear.

Letters to be written to businesses with outdoor dining.

 

25 June 2019

CCL

QUESTION TAKEN ON NOTICE

Cr Kidd requested staff obtain details from local charitable bodies and report back to Council on the measures taken to assist residents in particular with electricity and gas costs including the number of residents assisted.

Report being written. Expected Friday 12th July.

 

25 June 2019

CCL

Cr Whitton requested that Council approach the State and Federal Government to be furnished with information on what they are doing to assist with electricity and gas costs.

Letter to be written.

 

25 June 2019

CCL

Cr Taylor requested information on whether there was a blitz on issuing parking fines to persons parking on nature strips.

No specific blitz. Staff respond to complaints only. Warning system to be used prior to punitive enforcement.

 

25 June 2019

CCL

Cr Whitton requested an update on timing of the report on hotmix as per resolution 18/348 (page 66 of the business paper).

Report to be provided. Director Technical Services has met with industry representatives.

 

4 June 2019

EEDPC

Cr Nugent requested an update on the enquiries for staff exchange with Timaru District Council.

Contact has been made with Timaru General Manager.

 

4 June 2019

EEDPC

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

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.

There are 11 adult residents in Council’s group homes for adults with an intellectual disability (this is for OCC only).

 

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.

NSW Housing is the only other provider. Western NSW has confirmed there are 800 tenancies under the Orange portfolio.

In regional areas, there are usually only one Community Housing provider and this is due to sustainability for the agency.

 

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 August Council meeting.

 

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.

Request has been forwarded to RMS.

 

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

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.

Matter to be referred to next Companion Animals Community Committee.

Will review information on Council’s webpage.

$330 on the spot fine 

 

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.

To be addressed at public forum.

 

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.

$250k provided in final 2019/20 budget for tree planting and management. 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.

Investigation to be undertaken. Issues relating to welfare of animals caught in traps nee further consideration.

 

 


 

ITEMS PENDING OR OVERDUE

As at 8 July 2019

RESOLUTIONS & NOTICES OF MOTION

Status

Pending

Overdue

 

Date of Meeting

Meeting

Resolution

Action Taken/Comment 

STATUS

CCL

2 July 2019

4.1    NOTICE OF MOTION - REFLECTION CHAIR AT COOK PARK

TRIM REFERENCE: 2019/1020

RESOLVED - 19/358           Cr T Mileto/Cr J Hamling

That Orange City Council support the placement of a 'Reflection Chair' and a 'Plaque' in the immediate vicinity at Cook Park and also contribute to the cost of the same.

Report being prepared for Council regarding cost and location.

 

CCL

2 July 2019

5.4    GREY-HEADED FLYING-FOX EPHEMERAL CAMP, COOK PARK

TRIM REFERENCE: 2019/1345

RESOLVED - 19/363           Cr R Kidd/Cr G Taylor

That Council resolves:

1        That the report on Grey-headed Flying-fox ephemeral camps in Cook Park be noted;

2        That a Flying Fox Education Program be developed and implemented.

3        That Council continue to research and monitor possible Flying Fox abatement.

Program being developed. In contact with Flying Fox Land Managers Network.

 

CCL

2 July 2019

6.1    TENDERS FOR READY MIX CONCRETE

TRIM REFERENCE: 2019/1282

RESOLVED - 19/365           Cr R Turner/Cr K Duffy

That Council resolves to:

1       Approve the establishment of a new Ready Mix Concrete Supply Panel under the Council’s Purchasing Policy;

2       Approve the General Manager, or his nominee, to enter into a standard contract with Boral Resources (Country), Hanson Construction Materials, Holcim Australia and Midwestern Mini Mix for supply of ready mix concrete as part of the Panel;

3       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.

Letters have been sent to successful tenderers.

 

PDC

2 July 2019

2.2    AMENDMENT TO DEVELOPMENT CONTROL PLAN IN RELATION TO FLOODING

TRIM REFERENCE: 2019/1266

RESOLVED - 19/343           Cr R Kidd/Cr S Munro

That Council resolves:

1     To place the attached draft DCP Chapter as an amendment on exhibition, for 28 days concurrently with the flood study and LEP Housekeeping amendment.

2     That upon adoption, the draft DCP be known as chapter 4A Flood Affected Land.

3     That, in order to avoid duplication, the exhibition include a proposed repeal of section 5.3 of the Phillip Street DCP, which relates to flooding.

Preparing documentation for exhibition – needs to coordinate with flood study and LEP housekeeping amendment.

 

EEDPC

2 July 2019

2.2    MINUTES OF THE ECONOMIC DEVELOPMENT COMMUNITY COMMITTEE MEETING HELD ON 12 JUNE 2019

TRIM REFERENCE:   2019/1172

RESOLVED - 19/345             Cr R Kidd/Cr S Munro

1     That Council acknowledge the reports presented to the Economic Development Community Committee at its meeting held on 12 June 2019.

2     That Council determine the recommendations from 3.1 and 3.2 from the minutes of the Economic Development Community Committee held on 12 June 2019.

       3.1      Matter Arising

                    That Council conduct a launch of products developed with the Spendmapp data and invite members of the Economic Development Community Committee, Master Builders Association, Business HQ, Orange Chamber of Commerce, Central West Business Chamber, Put Orange First and the broader medical industry. The launch will also include an update on the Future City project and public exhibition.

       3.2      Matter Arising

                    That the Committee acknowledge the contribution of Mark Burdack to the economic development of Orange.

3     That the remainder of the minutes of the Economic Development Community Committee held on 12 June 2019 be adopted.

In progress.

 

 

 

2.2    REQUESTS FOR FINANCIAL ASSISTANCE - QUARTER 1 OF 2019/20 - EVENT SPONSORSHIP                              2019/1312

RESOLVED - 19/352             Cr K Duffy/Cr M Previtera

The Council resolves:

1       That funding of $600 be made from the Major Promotions Event Funding Program to the Fire and Ice Orange Incorporated (Council venuec and cleaning fees reimbursement).

2       That funding of $3,000 be made from the Major Promotions Event Funding Program to the Central West Mums Group (seed funding for event promotion).

3       That funding of $500 be made from the Major Promotions Event Funding Program to the Emus Rugby Club (event promotion).

4       That funding of $1,000 be made from the Major Promotions Event Funding Program to the Climate Action Orange (seed funding for event promotion).

5       That funding of $5,000 be made from the Major Promotions Event Funding Program to the Orange Region Vignerons Association (event promotion).

6       That funding of $500 be made from the Major Promotions Event Funding Program to the City of Orange Veterans Golf Incorporated (event promotion).

7       That funding of $3,500 be made from the Major Promotions Event Funding Program to the HD Awareness Orange Incorporated (Council venue fees and event promotion).

8       That funding of $2,400 be made from the Major Promotions Event Funding Program to the Lions Club of Orange (event promotion).

9       That funding of $5,000 be made from the Major Promotions Event Funding Program to the Australian National Field Days Incorporated (event promotion).

10     That funding of $5,000 be made from the Major Promotions Event Funding Program to the Rotary Club of Orange (event promotion).

11     Place the proposed allocation of funds to Fire and Ice Orange Incorporated and Central West Mums Group who are businesses acting for profit on public exhibition for a minimum of 28 days (in accordance with section 356 of the Local Government Act 1993).

Resolution 1 and 2 have been put on public exhibition closing 5 August 2019.

Arranging payment for Event sponsorship applicants.

 

ESPC

2 July 2019

2.2    MINUTES OF THE COMPANION ANIMALS COMMUNITY COMMITTEE MEETING – 3 JUNE 2019

TRIM REFERENCE:   2019/1179

RESOLVED - 19/349             Cr S Nugent/Cr J Whitton

1  That Council acknowledge the reports presented to the Companion Animals Community Committee at its meeting held on 3 June 2019.

2  That Council resolve recommendations 3.1 and 3.2 from the minutes of the Companion Animals Community Committee meeting of 3 June 2019 being:

    Item 3.1

    1    That Council initiate discussion with Cabonne Council in regards to the issue of animals being handed in at Orange that appear to come from Cabonne Shire and as a consequence Council has escalating costs of handling these animals.

    2    That Council advertise the new rules/legislation in regard to selling a companion animal after 1 July 2019 through the Council website, Facebook page and the media.

    Item 3.2

    1    That the concept plan for the Webb Street, North Orange park area including the off-leash dog park include:

•  Off street parking.

•  Three dual entry gate entrances.

•  Three human/dog water fountains.

•  Separate fenced areas for large and small dogs.

•  Seating in both shade and open areas.

•  A shade/shelter structure to be located outside of the dog enclosure near the bridge entry.

•  Minimum 1.5m high fencing to be constructed around the perimeter of the off leash area.

   

   

In progress.

 

 

 

2  That Council include funding for the off leash area at Webb Street, North Orange in the 2019/2020 Budget.

3  That the Companion Animals Community Committee support the Spring Hill Community Committee with the recommendation to provide an off leash area in Spring Hill.

3  That the remainder of the minutes of the Companion Animals Community Committee at its meeting held on 3 June 2019 be adopted.

 

 

ESPC

2 July 2019

2.3    MINUTES OF THE ENVIRONMENTAL SUSTAINABILITY COMMUNITY COMMITTEE MEETING - 14 JUNE 2019

TRIM REFERENCE:   2019/1181

RESOLVED - 19/350             Cr R Kidd/Cr S Nugent

1        That Council acknowledge the reports presented to the Environmental Sustainability Community Committee at its meeting held on 14 June 2019.

2        That Council determine recommendations  3.3, 3.4, 3.7, 3.10 from the minutes of the Environmental Sustainability Community Committee meeting of 14 June 2019, being:

3.2   Water Report Update - Cyril Smith

                    1    That the Environmental Sustainability Community Committee request a memo from the Acting Director Development Services containing information on the State Environmental Planning Policy and BASIX in relation to water management.

                    2    That the Committee also request a report or update on the use of permeable surfaces in Council works or other developments in the City of Orange.

3.4   Plastic Free July Planning by Nick King

1     That the Committee request Council staff to investigate locations at North Orange Shopping Centre and the Summer Centre as spots for a Waste Free Alternatives Pop-up.

2     That the Manager Waste Services and Technical Support update the Committee in respect to bio-plastics.

 

In progress.

 

 

 

3     That Committee members who are able meet in Committee Room 3, On Thursday 20 June 2019 at 4.30pm to discuss and finalise planning for Plastic Free July.

          3.7   Woodsmoke and Particle Pollution Initiatives by Nick King

         That the Acting Director Development Services requests Council’s Trainee Environmental Health Officer (EHO), Greg Perry, present an update on his research on particle pollution to the committee at the next meeting.

3.10    EOH Pollutants Monitoring in Orange - Robert Alford

         That the EOH website and link which distributes the information regarding particle pollution be more widely advertised/promoted by Council so that the community has better access and knowledge.

3        That the remainder of the minutes of the Environmental Sustainability Community Committee at its meeting held on 14 June 2019 be adopted.

 

 

SPC

2 July 2019

3.1    ALCOHOL FREE ZONE PROPOSAL, 1 NOVEMBER 2019 - 31 OCTOBER 2023

TRIM REFERENCE:   2019/1317

RESOLVED - 19/357             Cr R Turner/Cr T Mileto

That Council resolves:        

1 Pursuant to Sections 644, 644A, 644B, 644C and 646 of the Local Government Act 1993 (as amended) to re-establish an Alcohol Free Zone in the public roads and car parks within the area bounded by Hill Street to the west, William Street and Endsleigh Avenue to the east, Prince Street to the north and Moulder Street to the south, for a period of four years from 1 November 2019 to 31 October 2023, with an exemption for events in Robertson Park whereby formal approval has been requested in writing to the General Manager, and approval has been provided.

2  To undertake the required formal community consultation as outlined in the Alcohol Free Zone Proposal 1 November 2019 - 31 October 2023 by the Manager Community Services.

Consultation underway as per schedule identified in report.

 

CCL

25 JUNE 2019

5.5    DEVELOPMENT APPLICATION DA 118/2019(1) - 346 LEEDS PARADE, ORANGE - CHARLES STURT UNIVERSITY CAMPUS

TRIM REFERENCE: 2019/1198

RESOLVED - 19/330           Cr S Nugent/Cr S Munro

That Council resolves:

1        To note the contents of the planning report; and

2        To not make a submission to the Western Region Planning Panel on DA 118/2019(1) for an Educational Establishment (new building, alterations and additions to existing building) and Electricity Generating Works at 346 Leeds Parade, Orange.

DA approved by JRPP on 30 June 2019.

 

CCL

25 JUNE 2019

6.1    TENDER - PROVISION OF LEGAL SERVICES

TRIM REFERENCE:   2019/1011

RESOLVED - 19/338                                                    Cr S Nugent/Cr S Munro

1     That Council appoints the following firms to comprise Council’s Legal Services Panels, in the following categories for a term of five years with an additional two year option, at Council’s discretion, depending on Council’s operational requirements at the time and on the terms contained within this report.

2     That Council adopt the draft “Guidelines on the distribution of work between members of Council’s Legal Services Panels”.

3     That Council delegate to the General Manager the authority to finalise and execute the contracts and any other documentation required to give effect to this resolution.

4     That approval be granted for the use of the Council Seal on any relevant document if required.

Contracts are being prepared with successful firms.

 

4 June 2019

CCL

5.2    RECREATIONAL USE OF SPRING CREEK AND SUMA PARK DAMS

TRIM REFERENCE:   2019/821

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.

Part 2 rescinded at the Council Meeting held on 25 June 2019.

Showers being designed for Gosling Creek.

 

 

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.

Timaru Council has been contacted by Acting General Manager.

 

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.

Plan to be exhibited along with LEP amendment.

 

 

4 June 2019

SRPC

2.1    BMX TRACK - ANZAC PARK

TRIM REFERENCE: 2019/823

RESOLVED - 19/299                                                         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.

2019/20 final budget contained funds for alternative study.

 

21 May 2019

CCL

6.3    TENDER FOR BRENDON STURGEON OVAL LIGHTING DESIGN AND CONSTRUCTION                                   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.

 

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                  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 scheduled for August 2019.

 

7 Aug 2018

CCL

4.1 NOTICE OF MOTION - UPDATE ON HOT MIX PLANT         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                                                                                                                           16 July 2019

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

COMPLETED

REGISTER – QUESTIONS ON NOTICE & MATTERS ARISING

As at 8 July 2019

Meeting

Date of Meeting

QUESTIONS ON NOTICE/MATTERS ARISING

Action Taken/Comment 

STATUS

IPC

2 July 2019

Cr Duffy requested information be sought regarding Rex Airlines, should any matters arise with their service to the Orange Airport.

Email sent to Councillors 3 July 2019.

COMPLETE

 

CCL

25 June 2019

 

MATTER ARISING

Cr Turner requested a letter be sent to the owners of the United Service Station to congratulate them on the construction and opening of their business.

Letter sent.

COMPLETE

 

EEDPC

5 Mar 2019

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.

 

 


 

COMPLETED

REGISTER – RESOLUTIONS & NOTICES OF MOTION

Meeting

Date of Meeting

Resolution

Action Taken/Comment 

STATUS

CCL

2 July 2019

5.1    OPTIONS REPORT - PUBLIC SPACE AMENITIES

TRIM REFERENCE:   2019/1261

RESOLVED - 19/359             Cr G Taylor/Cr S Munro

That Council resolves:

1        That Council note the report;

 

RESOLVED - 19/360                                                         Cr G Taylor/Cr R Kidd

2       That staff commence the process of installing an appropriately sized toilet block at the northern end of Robertson Park.

Staff commenced process. Report going back to Council.

COMPLETE

 

CCL

2 July 2019

5.3    EVENT SPONSORSHIP PROGRAM

TRIM REFERENCE:   2019/1311

RESOLVED - 19/362             Cr S Nugent/Cr J Hamling

That Council resolves to:

1        Place the draft Event Sponsorship Program guidelines, online application questions and Event Sponsorship Policy on public exhibition for 28 days.

Draft Event Sponsorship Policy, Guidelines and Questions are on public exhibition until 1 August 2019. Report will be presented back to Council.

COMPLETE

 

EEDPC

2 July 2019

2.1    MINUTES OF THE ECONOMIC DEVELOPMENT COMMUNITY COMMITTEE MEETING HELD ON 15 MAY 2019

TRIM REFERENCE:   2019/1318

RESOLVED - 19/344             Cr R Kidd/Cr S Munro

1     That Council acknowledge the reports presented to the Economic Development Community Committee at its meeting held on 15 May 2019.

2     That the remainder of the minutes of the Economic Development Community Committee of 15 May 2019 be adopted.

Actioned and Complete

 

SPC

2 July 2019

2.3    MINUTES OF THE NAIDOC WEEK COMMUNITY COMMITTEE – 6 JUNE 2019

TRIM REFERENCE:   2019/1295

RESOLVED - 19/355             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 6 June 2019.

2  The remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 6 June 2019 be adopted.

Noted.

COMPLETE

 

SPC

2 July 2019

2.1    MINUTES OF THE COMMUNITY SAFETY AND CRIME PREVENTION COMMITTEE – 27 MAY 2019

TRIM REFERENCE:   2019/1114

RESOLVED - 19/353             Cr R Kidd/Cr S Munro

1        That Council acknowledge the reports presented to the Community Safety and Crime Prevention Committee at its meeting of 27 May 2019;

2        That Council resolve recommendation 3.1 from the minutes of the Community Safety and Crime Prevention Committee meeting of 27 May 2019 being:

          3.1   That the information on the Central West Police District Report be noted.

3        That the remainder of the minutes of the Community Safety and Crime Prevention Committee Meeting of 27 May 2019 be adopted.

Acknowledged and actioned.

COMPLETE

 

SPC

2 July 2019

2.4    MINUTES OF THE LUCKNOW COMMUNITY COMMITTEE - 13 JUNE 2019

TRIM REFERENCE:   2019/1283

RESOLVED - 19/356             Cr M Previtera/Cr T Mileto

1  That Council acknowledge the reports presented to the Lucknow Community Committee at its meeting held on 13 June 2019.

2  That Council resolve recommendation 4.2 from the minutes of the Lucknow Community Committee meeting of 13 June 2019.

    4.2 That consideration be given to opening Wentworth Mine an additional weekend in conjunction with major events in October 2019, January 2020 and February 2020 subject to funding being identified and reallocated.

3  That the remainder of the minutes of the Lucknow Community Committee at its meeting held on 13 June 2019 be adopted.

Acknowledged and actioned.

COMPLETE

 

IPC

2 July 2019

2.1    MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE MEETING - 11 JUNE 2019

TRIM REFERENCE:   2019/1258

RESOLVED - 19/346             Cr J Hamling/Cr M Previtera

That Council resolves:

1  To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 11 June 2019.

2  Recommendations 3.1 to 3.3 and 3.5 and 3.6 from the minutes of the City of Orange Traffic Committee meeting of 11 June 2019 being:

3.1    That Council installs No stopping signs in Bletchington Street at the intersection of McLachlan Street as shown in Annexure A of this report;

3.2    That Council installs No Stopping signs along both sides of Hanrahan Place from the entrance to 100m from the extremity of the cul-de-sac;

3.3    That Council installs No Stopping signs on Green Lane opposite Hillcrest Avenue as per Annexure A of this report after seeking comments from the landowners fronting the proposed No Stopping zone;

3.5    That Council erects wayfinding signage to the Orange Visitors Centre as per the body of this report;

3.6    That the conditional approval for the 2019 NAIDOC march on 28 October 2019 be endorsed subject to compliance with the attached conditions.

In progress. Assigned to relevant officers.

COMPLETE

 

ESPC

2 July 2019

2.1    MINUTES OF THE PARKS, TREES AND WATERWAYS COMMUNITY COMMITTEE HELD ON 22 MAY 2019

TRIM REFERENCE:   2019/1085

RESOLVED - 19/348             Cr S Nugent/Cr S Munro

1     That Council acknowledge the reports presented to the Parks, Trees and Waterways Community Committee at its meeting held on 22 May 2019.

2     That Council determine recommendations 3.1 and 3.2 from the minutes of the Parks, Trees and Waterways Community Committee meeting of 22 May 2019.

       3.1   Parks, Trees and Waterways Community Committee Action Plan

                 1       That the Parks, Trees and Waterways Community Committee Action Plan be reviewed and priorities determined; and

                 2       That a presentation on the Street Tree master Plan be conducted.

       3.2   City Entrance Signage

                 1       That the report providing examples of town entry signs and their indicative cost be noted;

                 2       Concepts and costing be developed for Orange similar to the style of Towong and Stanthorpe for the Bathurst Road (Mitchell Road) entrance;

3     Concepts and costing be developed for secondary entrance signs consisting of a hardwood element of a scale similar to the City of Wanneroo for Molong Road, Cargo Road, Escort Way and Airport.

3     That the remainder of the minutes of the Parks, Trees and Waterways Community Committee at its meeting held on 22 May 2019 be adopted.

Actions acknowledged.

COMPLETE

 

SPC

2 July 2019

2.2    MINUTES OF THE AGEING AND ACCESS COMMUNITY COMMITTEE - 29 MAY 2019

TRIM REFERENCE:   2019/1277

RESOLVED - 19/354             Cr K Duffy/Cr T Mileto

1     That Council acknowledge the reports presented to the Ageing and Access Community Committee at its meeting held on 29 May 2019.

2     That Council resolve the recommendations 3.1, 3.2 and 4.1 from the minutes of the Ageing and Access Community Committee meeting of 29 May 2019 being:

          3.1   (1)        That the information provided in the letter from Housing Plus be acknowledged.

                   (2)        That the Ageing and Access Community Committee support Housing Plus in their endeavours to provide more affordable social housing in Orange.

          3.2   That the Age Friendly Forum Draft Action Plan be updated.

          4.1   That the Ageing and Access Community Committee Action Plan be reviewed and updated.

3     That the remainder of the minutes of the Ageing and Access Community Committee at its meeting held on 29 May 2019 be adopted.

Acknowledged and actioned.

COMPLETE

 

FPC

2 July 2019

2.1    REQUESTS FOR FINANCIAL ASSISTANCE - QUARTER 1 OF 2019/20 - GENERAL DONATIONS

TRIM REFERENCE:   2019/1280

RESOLVED - 19/351             Cr J Hamling/Cr S Munro

The Council resolves:

1        That a donation of $2,000.00 be made from the General Donations Program to the Orange Preschool Kindergarten (rates reimbursement).

2        That a donation of $2,000.00 be made from the General Donations Program to the 3rd Orange Scout Camp (rates reimbursement).

3        That a donation of $600.00 be made from the General Donations Program to the City of Orange Eisteddfod Society Inc (prize giving).

4        That a donation of $300.00 be made from the General Donations Program to the Orange Lacemakers (equipment purchase).

5        That a donation of $488.98 be made from the General Donations Program to the Spring Hill Recreation Trust (equipment purchase).

6        That a donation of $1,286.81 be made from the General Donations Program to the Girl Guides Association - Orange District (rates reimbursement).

7        That a donation of $1,500.00 be made from the General Donations Program to the Canobolas Highland Pipe Band (performances throughout the year).

8        That the donation request from Penny Todman be declined.

9        That a donation of $2,000.00 be made from the General Donations Program to the Orange Community Broadcasters (equipment purchase).

10      That a donation of $2,000.00 be made from the General Donations Program to the Orange and District Early Education Program.

11      That a donation of $2,000.00 be made from the General Donations Program to the Bowen Community Technology Centre (education project).

 

All applicants advised of Council's determination by e-mail on 4 July 2019. Cash payments processed to Creditors on 4 July 2019. Rates Reimbursement sent to Rate Section on 4 July 2019. Hire-fee reductions sent to relevant Hire Officers and Finance on 4 July 2019. Budget spreadsheet updated on 4 July 2019.

COMPLETE

 

 

 

12      That a donation of $1,020.00 be made from the General Donations Program to the Matthew Brown (United Nations National Youth Conference).

13      That a donation of $1,150.00 be made from the General Donations Program to the Australian Breastfeeding Association - Orange (equipment purchase and running meetings).

14      That a donation of $500.00 be made from the General Donations Program to the War Widows Guild of Australia - Orange (outings, lunches and other events).

15      That a donation of $1,859.63 be made from the General Donations Program to Colour City Creatives (rates reimbursement).

16      That a donation of $2,000.00 be made from the General Donations Program to the Orange Push for Palliative (OP4P) (Palliative Care Garden - hire-fees reduction).

17      That a donation of $2,000.00 be made from the General Donations Program to The Shepherd Centre (Reach Out and Connect).

18      That a donation of $1,000.00 be made from the General Donations Program to the Orange Public School P & C Association (Orange Open Gardens).

19      That a donation of $2,000.00 be made from the General Donations Program to the Orange Bush Nippers (hire-fees reduction for using Orange Aquatic Centre).

20      That a donation of $2,000.00 be made from the General Donations Program to the Orange Eight Day Games Committee (Orange Eight Day Games 2019).

21      That a donation of $2,000.00 be made from the General Donations Program to the Orange Stroke Recovery Group (equipment purchase and activities).

22      That a donation of $2,000.00 be made from the General Donations Program to Fusion Australia Ltd (Place of Rest and Relaxation).

23      That a donation of $2,000.00 be made from the General Donations Program to Lifeline Central West Inc (support of Lifeline services).

 

 

CCL

25 JUNE 2019

4.1    RESCISSION MOTION - RECREATIONAL USE OF SPRING CREEK AND SUMA PARK DAMS

TRIM REFERENCE:   2019/1203

RESOLVED - 19/323             Cr J Whitton/Cr G Taylor

That Council rescind the following resolution of the Council Meeting of 4 June 2019:

5.2    Recreational use of Spring Creek and Suma Park Dams

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.

Rescinded.

COMPLETE

 

CCL

25 JUNE 2019

4.2    NOTICE OF MOTION - WATER RESTRICTIONS

TRIM REFERENCE:   2019/1262

RESOLVED - 19/324             Cr R Kidd/Cr G Taylor

That Council resolves to amend our Level 5 water restriction trigger point from 35% to 30% in line with Bathurst and Cabonne Councils.  This follows on from the very successful Central Tablelands Water, Blayney Shire, Orange City and Cabonne Councils mini water summit held recently in Orange.

Trigger point changed 30%.

COMPLETE

 

CCL

25 JUNE 2019

4.3    NOTICE OF MOTION - CLIMATE EMERGENCY

TRIM REFERENCE:   2019/1263

MOTION        Cr S Nugent/Cr M Previtera

That Council resolves to:

1  Note the recent IPCC Special Report stating that limiting global warming to 1.5°C will require rapid and far-reaching transitions in energy, land, infrastructure and industrial systems,

2 Note the recent IPBES report warning of the potential for extinction of more than a million species worldwide, due to climate change and other human-induced drivers of change in nature,

3 Note the already-substantial impact of climate change on local liveability, resilience, agriculture and biodiversity, and the potential for future impacts,

4 Join with other local and national governments worldwide in recognising a state of climate emergency, and commits to continued efforts through our sustainability and resilience programs to assist in efforts against global climate change.

 

THE MOTION ON BEING PUT TO THE MEETING WAS LOST

The motion on being put to the meeting was lost.

No further action required.

COMPLETE

 

CCL

25 JUNE 2019

4.4    WOODBANK

TRIM REFERENCE:   2019/1273

RESOLVED - 19/325             Cr G Taylor/Cr J Whitton

That Council increase the donation for the provision of Wood under the Woodbank Program from $5,000 to $8,500 (i.e. add $3,500 to the current budget).

Program amount increased.

COMPLETE

 

CCL

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

   

Resolution actioned.

Family Day Care ‘Before and After School Care’ fee has been put on public exhibition for comment.

COMPLETE

 

CCL

25 JUNE 2019

5.6    DEVELOPMENT APPLICATION DA 304/2016(3) - 132 KITE STREET - QUEST APARTMENTS

TRIM REFERENCE:   2019/1265

RESOLVED - 19/331             Cr K Duffy/Cr G Taylor

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.

COMPLETE

 

CCL

25 JUNE 2019

5.7    STRATEGIC POLICY REVIEW

TRIM REFERENCE:   2019/1031

RESOLVED - 19/332             Cr S Nugent/Cr S Munro

That Council resolves to:

1        Place the following draft Strategic Policy on public exhibition for a minimum of 28 days:

•       ST059 – Public Interest Disclosures and Internal Reporting

2        That Council adopt the following policies:

•       ST009 – Strategic Policy – Revenue and Pricing

•       ST029 – Strategic Policy – Donations and Grants

Policy ST059 on public exhibition until 23 July 2019. Report will go back to Council for adoption.

Policies updated on website.

COMPLETE

 

CCL

25 JUNE 2019

5.8    REQUEST FOR FINANCIAL ASSISTANCE

TRIM REFERENCE:   2019/1210

RESOLVED - 19/333             Cr J McRae/Cr K Duffy

That Council resolves:

1     That an in-kind donation of $1,000.00 be made from the Sports Participation Program to Orange Emus Rugby Club.

2     That the emergency approval of $500.00 in-kind donation made to Orange Emus Rugby Club be ratified (being half of the donation requested in Part 1).

This $1,000.00 in-kind donation was internally transferred by journal on 2 July 2019.

COMPLETE

 

CCL

25 JUNE 2019

5.3    STATEMENT OF INVESTMENTS - MAY 2019

TRIM REFERENCE:   2019/1119

RESOLVED - 19/328             Cr K Duffy/Cr S Munro

That Council resolves:

1       To note the Statement of Investments as at 31 May 2019.

2       To adopt the certification of the Responsible Accounting Officer.

COMPLETE

 

CCL

25 JUNE 2019

5.10  EVOCITIES

TRIM REFERENCE: 2019/1200

RESOLVED - 19/335           Cr R Kidd/Cr S Nugent

That Council resolves:

1     To note the decision of the Evocities Steering Committee decision not to proceed with the MOU.

2     That Council endorse the transition of the Evocities program into maintenance mode for a period of 6 months.

3     That the funds in the 2019/20 budget allocated to Evocities be set aside to support inwards tourism/relocator opportunities.

Resolution actioned.

COMPLETE

 

CCL

25 JUNE 2019

5.11  ORANGE RAIL ACTION GROUP

TRIM REFERENCE:   2019/1264

RESOLVED - 19/336             Cr J McRae/Cr S Nugent

1  That the report by the Orange Rail Action Group be noted.

2  That Cr Munro replace Cr McRae on the Orange Rail Action Group.

COMPLETE

 

CCL

25 JUNE 2019

6.2    2018/19 THIRD QUARTER WATER CONSUMPTION CHARGE - 13-15       TORPY STREET ORANGE

TRIM REFERENCE:   2019/761

RESOLVED - 19/339             Cr S Nugent/Cr K Duffy

That Council resolves that each of the eight units within Strata Plan 1834 has their 2018/19 third quarter water consumption charge of $1,899.03 reduced to $69.89, being a credit of $1,829.14 each or $14,633.12 in total.

Accounts adjusted as per resolution.

COMPLETE

 

CCL

25 JUNE 2019

6.3    ENTERING INTO CONTRACTS FOR THE SUPPLY AND DELIVERY OF       BULK FUEL

TRIM REFERENCE:   2019/1189

RESOLVED - 19/340             Cr J Whitton/Cr S Munro

That Council resolves to:

1     Accept and signs contracts with Ocwen Energy and Oilplus Holdings Australia for the supply and delivery of bulk fuel.

2     Grant approval for the use of the Council seal on documents associated with the contract.

Contracts sent out for signature.

COMPLETE

 

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.

Report went to Council Meeting 2 July 2019.

COMPLETE

 

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 prepared.

COMPLETE

 

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 going to Traffic Committee meeting on 9 July.

COMPLETE

 

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.

COMPLETE

 

 


Council Meeting                                                                                                 16 July 2019

 

 

5.3     Statement of Investments - June 2019

TRIM REFERENCE:        2019/1398

AUTHOR:                       Julie Murray, Financial Accountant    

 

 

EXECUTIVE SUMMARY

The purpose of this report is to provide a statement of Council’s investments held as at 30 June 2019.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves:

1        To note the Statement of Investments as at 30 June 2019.

2        To adopt the certification of the Responsible Accounting Officer.

 

 

further considerations

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

SUPPORTING INFORMATION

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

As at 30 June 2019, the investments held by Council in each fund is shown below:

 

 

30/06/2019

30/05/2019

General Fund

62,434,712.01

59,152,502.97

Water Fund

53,356,487.92

52,624,043.18

Sewer Fund

47,124,725.10

48,570,253.23

 

 

 

Total Funds

162,915,925.03

160,346,799.38

 

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

 

Externally Restricted

30/06/2019

30/05/2019

General Fund

24,584,655.60

24,594,666.29

Water Fund

53,356,487.92

52,624,043.18

Sewer Fund

47,124,725.10

48,570,253.23

Auspiced

1,945,707.01

1,945,707.01

Internally Restricted

14,172,222.18

13,690,212.87

Unrestricted

21,732,127.22

18,921,916.80

Total Funds

$162,915,925.03

$160,346,799.38

 

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

 

 

 

 

Portfolio Advice

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

Imperium Markets major services provided to Council include:

·    Quarterly portfolio summary reports

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

·    Advice on policy construction

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

 

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 30 June 2019 had dropped to 1.25 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.68 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 1.25 per cent plus 0.75 per cent (or 75 basis points).

 

 

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 30 June 2019, the AusBond rate was 1.97 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.68 per cent.

 

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

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

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

 

Table 1: Maturity – Term Limits

Term to Maturity Allocation

Maximum

Holding

Remaining Capacity

0 - 3 Months

100.00%

40.31%

59.69%

3 - 12 Months

100.00%

45.12%

54.88%

1 - 2 Years

70.00%

5.94%

64.06%

2 - 5 Years

50.00%

8.62%

41.38%

5+ Years

25.00%

0.00%

25.00%

 

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

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

 

Table 2: Credit Rating Limits

Credit Rating

Maximum

Holding

Remaining Capacity

Value

Return on Investment

Bank Accounts

100.00%

7.50%

92.50%

$12,221,005.03

1.25%

AAA

100.00%

0.00%

100.00%

N/A

N/A

AA

100.00%

40.17%

59.83%

$65,450,000.00

2.53%

A

60.00%

23.63%

36.37%

$38,504,920.00

2.72%

BBB & NR

40.00%

28.69%

11.31%

$46,740,000.00

2.78%

Below BBB

0.00%

0.00%

0.00%

N/A

N/A

Certification by Responsible Accounting Officer

 

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

 

  


Council Meeting                                                                                                 16 July 2019

5.4     Development Application - DA 91/2019(1) - 5 Lily Pilly Place

RECORD NUMBER:       2019/1405

AUTHOR:                       Summer Commins, Senior Planner    

 

 

EXECUTIVE Summary

Application lodged

3 April 2019

Applicant/s

Mr I Y Zhang

Owner/s

I J Zhang Pty Limited

Land description

Lot 100 DP 1248945 - 5 Lily Pilly Place, Orange

Proposed land use

Multi Dwelling Housing (six dwellings) and Subdivision (two lot Torrens title and five lot Community title)

Value of proposed development

$720,000.00

Council's consent is sought for proposed residential development of land at 5 Lily Pilly Place, Orange. The completed development will comprise six single storey and detached two bedroom dwellings, each on a separate Torrens or Community Lot.

The proposal comprises advertised development pursuant to Development Control Plan (DCP) 2004-5.3. At the completion of the public notice and exhibition period, five submissions had been received in relation to the proposed development. The submissions generally relate to overdevelopment of the site and the associated impacts on the neighbourhood (traffic, servicing and character).

The proposal does not contravene the planning regime that applies to the land. Impacts of the development are considered to be within reasonable limit, consistent with applicable standards and addressed by appropriate conditions of development consent. Approval of the application is recommended.

Figure 1 - locality plan


 

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

Proposal pertains to the construction of six single storey dwellings on an existing 1606m2 allotment in Lilly Pilly Place, just off the Northern Distributor Road and will be in close proximity of the future William Maker Drive/NDR roundabout. 

The development certainly proposes full use of the residential allotment with yield provided being on the maximum expected for an allotment of this size.  Following consolidation of two standard lots in 2015, the allotment is larger than surrounding allotments and lends itself to unit development. 

Five submissions from neighbours were received objecting to the density of this development, therefore this application is referred to Council for determination. 

The development achieves compliance with Council’s planning controls for this site.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil


 

 

 

Recommendation

That Council resolves to issue consent to development application DA 91/2019(1) for Multi Dwelling Housing (six dwellings) and Subdivision (two lot Torrens title and five lot community title) at Lot 100 DP 1248945 - 5 Lily Pilly Place, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

further considerations

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

SUPPORTING INFORMATION

HISTORY/BACKGROUND

The following circumstances are relevant to the proposed development:

·    Subject Lot 100 comprises a recent consolidation of Lots 12 and 13 DP 1244657.

·    Lots 12 and 13 were created by a subdivision approved pursuant to DA 122/2014 (amended) on 24 April 2015.

·    Land consolidation is exempt development pursuant to Subdivision 38 of SEPP (Exempt and Complying Development Codes) 2008.

     

Figure 2 - land consolidation: parent Lots 12 and 13 and child Lot 100

·    Dual occupancy (two dwellings) was permitted on both parent Lots 12 and 13, as the lots exceeded 800m2. As such, four dwellings could be constructed on the subject land.

·    Land consolidation of the adjoining Lots 12 and 13 was undertaken by the proponent in order that the consolidated parcel would satisfy the minimum lot size development standard for multi dwelling housing (three or more dwellings).


 

·    Pursuant to Clause 4.1B to Orange Local Environmental Plan (LEP) 2011, 1,250m2 is required for multi dwelling housing. Lot 100 comprises site area of 1,606m2.

·    Multi dwelling housing is a more intensive form of residential landuse than was contemplated for parent Lots 12 and 13.

·    Nonetheless, the prevailing development pattern in the Waratah urban release area is comprised of single and multi dwellings. The proposal will not be contrary to the neighbourhood character.

THE PROPOSAL

Consent is sought for residential development of land at 5 Lily Pilly Place, comprising six new dwellings and Torrens or Community title subdivision.

The proposed dwellings will be single storey and detached. Each dwelling will contain two bedrooms, two bathrooms, open-plan kitchen/dining/living zone and attached single garage. Separate private open space will be provided for each dwelling. External finishes for the dwellings will comprise face brick walls; Colorbond roof sheeting and roller doors; and aluminium-framed glazing. Perimeter and internal fencing will be erected and site landscaping installed.

Proposed Dwellings 1 and 2 will present to Lilly Pilly Place as depicted below (refer Figure 3).

            

Figure 3 - proposed Dwellings 1 and 2 presentation to Lily Pilly Place

Proposed Dwellings 1 and 2 will have frontage and separate access to Lily Pilly Place. Proposed Dwellings 4-6 will be located at the rear of the site and have shared access to the public road.


 

The proposed site layout is depicted below (refer Figure 4).

Figure 4 - proposed site layout

Following construction of the dwellings the development site will be subdivided to excise each dwelling on a separate Torrens or Community lot, as follows:

Proposed Lot

Improvements

Site Area

Torrens Lot 101

Dwelling 1

241m2

Torrens Lot 102

Dwelling 2

282m2

Community Lot 1

Community property – vehicle and landscaped areas

259m2

Community Lot 2

Dwelling 3

192m2

Communty Lot 3

Dwelling 4

224m2

Community Lot 4

Dwelling 5

199m2

Community Lot 5

Dwelling 6

209m2

 


 

The proposed Torrens lots will have frontage and separate access to Lily Pilly Place; with Community Lots to have shared access and be located at the rear of the site. The proposed subdivision layout is depicted below (refer Figure 5). The subdivision may need to be carried out in stages to satisfy registration procedures at the land and Property Information Centre.

Figure 5 - proposed subdivision layout

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.

There are three applicable triggers in the Orange LGA known to insert a development within the Biodiversity Offset Scheme, and thereby require submission of a Biodiversity Development Assessment Report (BDAR):

1.       Development occurs within land mapped on the Biodiversity Values Map.

The subject land is not identified as biodiversity sensitive on the Orange LEP 2011 Terrestrial Biodiversity Map.


 

2.       Development involves clearing/disturbance of native vegetation above prescribed threshold.

The prescribed clearing threshold for the site is 0.25ha (based on minimum lot size for the subject land of less than 1ha ((Cl. 7.2 Biodiversity Conservation Regulation 2017). There are no trees within the site and the predominant surface cover is grass/dirt. The proposal does not involve clearing or disturbance of native vegetation.

3.       Development is likely to affect a threatened species.

The subject land is contained within a developing urban residential subdivision. The development site does not contain mapped biodiversity sensitive lands, and is well-removed from mapped biodiversity lands to the south (refer Figure 6 below).

Figure 6 – mapped biodiversity sensitive lands shown red, Orange LEP 2011

There are no trees within the site and the predominant surface cover is grass/dirt. The natural state of the site and surrounding area has been highly modified by the urban landuse pattern and original subdivision works. It is considered that the proposed development will not adversely affect a threatened species.

Based on the foregoing consideration, a BDAR is not required and the proposal suitably satisfies the relevant matters at Clause 1.7 EPAA 1979.

Section 4.15

Section 4.15 of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.


 

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

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The particular aims of Orange LEP 2011 relevant to the proposal include:

(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,

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

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

The application is considered to be consistent with the above objectives as outlined below and in the following sections in this report:

·    there are no aspects of the proposal that would adversely impact on the character of Orange as a major regional centre. Indeed, ongoing development of residential lands will contribute to the role of the City as a major centre (General Aim (a))

·    there are no aspects of the proposal that would compromise the principles of ecologically sustainable development (General Aim (b))

·    the proposal will contribute to the City’s range and supply of housing choices (General Aim (e))

·    the proposal will not adversely affect the value of heritage, landscape and scenic features of the city (General Aim (f)).

Clause 1.6 - Consent Authority

Clause 1.6 is applicable and states:

The consent authority for the purposes of this Plan is (subject to the Act) the Council.


 

Clause 1.7 - Mapping

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

Land Zoning Map:

Land zoned R1 General Residential

Lot Size Map:

No minimum lot size

Heritage Map:

Not a heritage item or conservation area

Height of Buildings Map:

No building height limit

Floor Space Ratio Map:

No floor space limit

Terrestrial Biodiversity Map:

No biodiversity sensitivity on the site

Groundwater Vulnerability Map:

Groundwater vulnerable

Drinking Water Catchment Map:

Not within the drinking water catchment

Watercourse Map:

Not within or affecting a defined watercourse

Urban Release Area Map:

Not within an urban release area

Obstacle Limitation Surface Map:

No restriction on building siting or construction

Additional Permitted Uses Map:

No additional permitted use applies

Flood Planning Map:

Not within a flood planning area

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

Clause 1.9A is applicable and states in part:

(1)     For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)     This clause does not apply:

(a)     to a covenant imposed by the Council or that the Council requires to be imposed, or

(b)     to any prescribed instrument within the meaning of Section 183A of the Crown Lands Act 1989, or

(c)     to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(d)     to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(e)     to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

(f)      to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

(g)     to any planning agreement within the meaning of Division 6 of Part 4 of the Act.

In consideration of this clause, Council staff are not aware of the title of the subject property being affected by any of the above.


 

A portion of the land at the site frontage is affected by an easement to drain sewer. The proposed dwellings are located outside of the easements and will not impact on the operation of the easements.

The land is subject to Restrictions-as-to-User which require timber paling fencing to the east boundary to William Maker Drive and south boundary to the public reserve; and prohibit access to the subject land via William Maker Drive. The proposed development will not be contrary to the restrictions.

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones

The subject site is located within the R1 General Residential Zone. The proposed development is defined as multi dwelling housing and subdivision.

The proposed development is permitted in the R1 zone.

Clause 2.3 - Zone Objectives and Land Use Table

The objectives for land zoned R1 General Residential are:

·    To provide for the housing needs of the community.

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

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

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

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

The proposal is not contrary to the relevant R1 zone objectives:

·    the proposed development will provide additional housing stock to accommodate the housing needs of the community

·    the development will contribute to the variety of housing types and densities in the North Orange/Waratah precinct, and complement the developing neighbouring residential density

·    the proposal involves residential land use only

·    the North Orange residential area is serviced by public transport

·    the site does not have frontage or access to the Southern Link Road.

Clause 2.6 - Subdivision - Consent Requirements

Clause 2.6 is applicable and states:

(1)     Land to which this Plan applies may be subdivided but only with development consent.

Consent is sought for Torrens and Community subdivision in accordance with this clause.


 

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.1B - Minimum Lot Sizes for Dual Occupancy, Multi Dwelling Housing and Residential Flat Buildings

Clause 4.1B applies and states in part:

(2)     Development consent may be granted to development on a lot in a zone shown in Column 2 of the Table to this clause for a purpose shown in Column 1 of the Table opposite that zone, if the area of the lot is equal to or greater that the area specified for that purpose and shown in Column 3 of the Table.

Column 1                                     Column 2                                Column 3

Multi dwelling housing                R1 General Residential           1250m2

In consideration of this clause, the proposed development is situated on land zoned R1 General Residential. The subject land comprises site area of 1,606m2, and exceeds the minimum area of 1,250m2 required for a multi dwelling housing.

Part 5 - Miscellaneous Provisions

The Part 5 provisions are not applicable to the subject land or proposed development.

Part 6 - Urban Release Area

Not relevant to the application. The subject site is not located in an Urban Release Area.

Part 7 - Additional Local Provisions

Clause 7.1 - Earthworks

Clause 7.1 applies. This clause states in part:

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

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

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

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

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

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

(f)      the likelihood of disturbing relics,


 

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

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

In consideration of this clause, the proposal is considered to be acceptable.

The site slopes towards Lily Pilly Place, with overall cross fall in the order of 3m. Substantial earthworks (cut) will be required to create level building pads for the proposed dwellings and open space areas. Retaining walls will be constructed to the rear and side boundaries and between the dwelling to achieve same.

Appropriate drainage infrastructure will be provided within the development to ensure earthworks and finished levels will not impact on adjoining properties or receiving waterways.

The site is not known to be contaminated, nor is the site known to contain any Aboriginal, European or archaeological relics. The site is not in proximity to any waterway, drinking water catchment or sensitive area. Conditions are imposed that require sediment control measures to be implemented onsite prior to works commencing to ensure that loose dirt and sediment does not escape the site boundaries.

Clause 7.3 - Stormwater Management

Clause 7.3 is applicable. This clause states in part:

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

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

(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.

Council’s Development Engineer has recommended conditions to satisfy the requirements of Clause 7.3. Stormwater from the development will be directed to Lily Pilly Place.

Clause 7.6 Groundwater Vulnerability

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

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

(a)     whether or not the development (including any onsite storage or disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and


 

(b)     the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.

In consideration of Clause 7.6, there are no aspects of the proposed residential development that will impact on groundwater and related ecosystems.

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 onsite conservation,

(e)     suitable road access.

In consideration of this clause, the listed utility services are available to the land and adequate for the proposal. Conditions are included on the attached Notice of Approval requiring extension, augmentation and/or upgrading of urban utility services to the standards required to service the proposed dwelling /lots.

The site frontage to Lily Pilly Place will not accommodate the kerbside placement and collection of waste, recycling and organic bins for all of the proposed dwellings. Conditions are included on the attached Notice of Approval requiring a shared onsite waste storage facility (bin bay) be provided on the subject land to service rear Dwellings 3-6, and a run-cost agreement be entered into with a waste collection contractor. Kerbside placement of bins for Dwellings 1 and 2 at the site frontage of each Torrens title lot will be acceptable.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 Remediation of Land

State Environmental Planning Policy 55 Remediation of Land (SEPP 55) is applicable. Pursuant to Clause 7 Contamination and remediation to be considered in determining development application:

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

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

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


 

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

In consideration of this clause, contamination investigation was undertaken in conjunction with subdivision of the land. Since its creation as a residential allotment, the subject land has remained vacant. Further investigation as a precursor to site remediation is considered unnecessary in conjunction with the current proposal.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION 4.15(1)(a)(ii)

From 31 January–13 April 2018, the Department of Planning and Environment publically exhibited an Explanation of Intended Effect (EIE) and Draft Planning Guidelines for the proposed Remediation of Land SEPP, which will repeal and replace State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55). Of particular note, the Draft Planning Guidelines state:

“In undertaking an initial evaluation, a planning authority should consider whether there is any known or potential contamination on nearby or neighbouring properties, or in nearby groundwater, and whether that contamination needs to be considered in the assessment and decision making process.”

“If the planning authority knows that contamination of nearby land is present but has not yet been investigated, it may require further information from the applicant to demonstrate that the contamination on nearby land will not adversely affect the subject land having regard to the proposed use.” (Proposed Remediation of Lands SEPP - Draft Planning Guidelines, Page 10).

Land adjoining the site is not identified or considered to be contaminated. Testing was undertaken pursuant to the subdivision DA which concluded that this and surrounding sites were suitable for residential use. As such, the provisions of the draft EPI are considered to have been addressed.

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

The following parts of DCP 2004 are applicable to the proposed development:

·    Part 2 - Natural Resource Management

·    Part 3 - General Considerations

·    Part 4 - Special Environmental Considerations

·    Part 5 - General Considerations for Zones and Development

·    Part 7 – Development in Residential Zones.


 

The relevant matters in Parts 2, 3 and 4 were considered in the foregoing assessment under Orange LEP 2011.

The relevant matters in Part 5 are addressed below (refer Any Submissions).

The proposal will reasonably satisfy the relevant planning outcomes in Part 7 as outlined in the following assessment.

DCP 2004-7.2 Residential Subdivision

The DCP sets the following (applicable) Planning Outcomes in regard to urban residential subdivision:

·    lots below 500m2 indicate a mandatory side setback to provide for solar access and privacy

·    lots below 350m2 indicate existing or planned house layouts, which identify how privacy, solar access, vehicular access and private open space needs are to be achieved

·    lots are fully serviced and have direct frontage and access to a public road

·    design and construction complies with the Orange Development and Subdivision Code.

The proposal will satisfy the above planning outcomes as follows:

-      The subject land will be subdivided to excise each dwelling on a separate Torrens or Community lot (refer Figure 4 above). The residential lots will range in area between 192m² and 282m². As demonstrated in the following sections of this report, the proposed lots will be of sufficient area to provide a reasonable standard of residential amenity to the proposed dwellings, in compliance with the DCP (Part 7.5 - Merit-Based Approach to Residential Development in Orange).

-      The proposed development will be connected to urban utility services. The proposed lots will have direct street frontage and legal and practical access to Lily Pilly Place. Separate access via Lily Pilly Place will be provided for Dwellings 1 and 2 at the site frontage, with shared access via the public road for other dwellings within the development.

-      The subdivision design and construction will comply with the Orange Development and Subdivision Code, as required by conditions.

DCP 2004-7.7 Design Elements for Residential Development

Neighbourhood Character

The DCP sets the following Planning Outcomes in regard to Neighbourhood Character:

Site layout and building design enables the:

·    creation of attractive residential environments with clear character and identity

·    use of site features such as views, aspect, existing vegetation and landmarks


 

·    buildings are designed to complement the relevant features and built form that are identified as part of the desired neighbourhood character

·    the streetscape is designed to encourage pedestrian access and use.

The particular residential precinct is defined by contemporary single storey, brick veneer dwelling houses circa 2018. The proposed development involves a higher density residential development than prevails in the immediate neighbourhood. Notwithstanding, dual occupancies and multi dwelling housing do feature in the Waratah subdivision, and nearby to the site (23-27 William Maker Drive).

The development satisfies the R1 zone objectives to provide a variety of housing types and densities. Multi- dwelling housing is a permitted and complementary land use in the zone. It is considered that the development is sited and designed to reasonably integrate in this setting, without adversely impacting on the neighbourhood character or function.

The proposed dwellings will adopt a building form and finish typical to the neighbourhood, with use of design elements consistent with the prevailing development form including:

·    detached configuration

·    skillion roof profiles

·    contemporary finishes

·    front elevation garages and dwelling entrances

·    landscaped front setbacks.

The proposal will not adversely impact on pedestrian access associated with the residential street. Excepting Dwellings 1 and 2, vehicles associated with the development will enter and exit the site in a forward direction. Sight lines within Lily Pilly Place are appropriate to avoid conflict with pedestrians.

Building Appearance

The DCP sets the following Planning Outcomes in regard to Building Appearance:

·    the building design, detailing and finishes relate to the desired neighbourhood character, complement the residential scale of the area, and add visual interest to the street

·    the frontages of buildings and their entries face the street

·    garages and car parks are sited and designed so that they do not dominate the street frontage.

The design and detailing for the proposed dwellings are appropriate in this neighbourhood and will complement recent dwellings on adjoining lands.

The footprint and massing for the proposed dwellings will be dissimilar to other dwellings in Lily Pilly Place. Notwithstanding, the detached configuration of the dwellings and presentation of Dwellings 1 and 2 at the site frontage will suitably relate to the developing streetscape built form. In order to further achieve appropriate integration of the dwellings in this setting, a condition is included on the attached Notice of Approval requiring submission of external colours and finishes.


 

Front elevation garages for Dwellings 1 and 2 will satisfy the DCP guidelines in respect of design, siting and width. Garages for other dwellings within the development will be located at the rear of the site and will not present to Lily Pilly Place.

Heritage

The DCP sets the following Planning Outcomes in regard to Heritage:

·    heritage buildings and structures are efficiently re-used

·    new development complements and enhances the significance of a heritage item or place of heritage significance listed in the Orange Heritage Study

·    significant landscape features are retained including original period fences and period gardens.

The subject land does not contain or adjoin a heritage item and is not located within a heritage conservation area.

Setbacks

The DCP sets the following Planning Outcomes in regard to Setbacks:

·    street setbacks contribute to the desired neighbourhood character, assist with the integration of new development and make efficient use of the site

·    street setbacks create an appropriate scale for the street considering all other streetscape components.

Proposed Dwellings 1 and 2 will have frontage to the Lily Pilly Place cul-de-sac. The dwellings will be sited a minimum 4.5m from the street frontage, and complement the siting of the adjoining dwelling to the west at 4 Lily Pilly Place.

Single garages at the site frontage for Dwellings 1 and 2 will be sited a minimum of 5.5m from the front boundary, and provide tandem car parking wholly within the subject land.

A minimum setback of 900mm will be provided for Dwellings 5 and 6 to the William Maker Drive (rear) boundary. Visual encroachment impacts on the public road are not anticipated, notwithstanding the minimum setback. The dwellings will be cut into the site and have a finished floor level lower than the footpath; and perimeter fencing will provided to the rear boundary.

Front Fences and Walls

The DCP sets the following Planning Outcomes in regard to Fences and Walls:

·    Front fences and walls:

-    assist in highlighting entrances and creating a sense of identity within the streetscape

-    are constructed of materials compatible with associated housing and with fences visible from the site that positively contribute to the streetscape

-    provide for facilities in the street frontage area such as mail boxes.

The proposal does not involve the erection of front fencing to Lily Pilly Place. The open front setback will complement those for nearby dwellings in the streetscape.


 

The rear boundary of the subject land presents to William Maker Drive. The presentation of the site to William Maker Drive was considered in the subdivision of the parent parcel (DA 122/2014 (amended)). Condition 29 of DA 122/2014 (amended) states:

(29)   A Restriction-as-to-User under Section 88B of the NSW Conveyancing Act 1979 shall be registered on the Deed of Title on Lots 12 and 13 [now consolidated Lot 100] that requires the rear boundary fencing of these lots to be lapped and capped timber fencing only. Additionally, the southern boundary of Lot 13 [now consolidated Lot 100] that is shared with the open space shall also be lapped and capped timber fencing only.

In order to ensure consistency with the subdivision DA and improve the presentation of the site in the William Maker Drive view corridor, conditions are included on the attached Notice of Approval requiring erection of rear and side fencing consistent with Condition 29 above.

Visual Bulk

The DCP sets the following Planning Outcome in regard to Visual Bulk:

·    Built form accords with the desired neighbourhood character of the area with:

-    side and rear setbacks progressively increased to reduce bulk and overshadowing

-    site coverage that retains the relatively low density landscaped character of residential areas

-    building form and siting that relates to landform, with minimal land shaping (cut and fill)

-    building height at the street frontage that maintains a comparable scale with the predominant adjacent development form

-    building to the boundary where appropriate.

The site slopes towards Lily Pilly Place, with overall cross fall in the order of 3m. Substantial earthworks (cut) will be required to create level building pads for the proposed dwellings and open space areas. Retaining walls will be constructed to the rear and side boundaries and between the dwellings to achieve same. Finished floor levels for the proposed dwellings will range between 886.40 (Dwelling 1) and 888.30 (Dwelling 5) and be slightly below natural ground level. Based on the finished levels, visual bulk encroachment impacts are not anticipated for adjoining dwellings within or adjoining the site.

The proposed dwellings will be single storey, with reasonable setbacks from side and rear boundaries. The dwellings will complement the bulk and scale of dwellings nearby to the site in Lily Place Pilly Place. The proposed dwellings will be contained within the DCP-prescribed visual bulk envelope plane, as demonstrated in the submitted elevation drawings.

The proposed dwellings will comprise a total building footprint of 621.42m2. Based on a site area of 1,606m2 the development will have site coverage of 38.7%, in compliance with the maximum 50% prescribed for multi dwelling housing development.


 

Walls and Boundaries

The DCP sets the following Planning Outcome in regard to Walls and Boundaries:

·    Building to the boundary is undertaken to provide for efficient use of the site taking into account:

-    the privacy of neighbouring dwellings and private open space

-    the access to daylight reaching adjoining properties

-    the impact of boundary walls on neighbours.

The proposal does not involve the construction of buildings on the boundary. As outlined in this report, the site layout and building design will not adversely impact on adjoining dwellings in respect of privacy, solar access or visual bulk.

Daylight and Sunlight

The DCP sets the following Planning Outcome in regard to Daylight and Sunlight:

·    Buildings are sited and designed to ensure:

-    daylight to habitable rooms in adjacent dwellings is not significantly reduced

-    overshadowing of neighbouring secluded open spaces or main living area windows is not significantly increased

-    consideration of Council’s Energy Efficiency Code.

Overshadowing of Private Open Space

Pursuant to the DCP Guidelines:

Sunlight is to be available to at least 40% of required open space for dwellings within the development and those on adjoining lands for at least three hours between 9am and 3pm.

Shadow diagrams were submitted in support of the proposal. The building designer confirms that shadows were cast from proposed floor levels and retaining wall heights, as set by civil engineering design.

As demonstrated in the submitted shadow diagrams and as outlined in the following table, on-ground solar access will be provided to the proposed dwellings, consistent with the DCP Guidelines.

 

Dwelling

GFA / POS required (m2)

40% POS (m2)

Solar access

DCP Compliance

Dwelling 1

67.13 / 33.6

13.4

10am: 14.1

11am: 15.9

12pm: 17.8

1pm: 18.6

2pm:18.0

3pm: 14.4

Yes

Dwelling 2

94.54 / 47.27

18.9

10am: 18.9

11am: 28.8

12pm: 30.1

1pm: 29.9

2pm:27.9

3pm: 21.9

Yes

Dwelling 3

75.01 / 37.5

15

10am: 7.1

11am: 22.9

12pm: 38.3

1pm: 22.2

2pm: 19.1

3pm: 15.5

Yes (11am – 2pm)

Dwelling 4

97.81 / 48.9

19.6

10am: 5.5

11am: 13.9

12pm: 19.8

1pm: 19.9

2pm:20.1

3pm: 19.8

Yes (12 noon – 3pm)

Dwelling 5

70.11 / 35.1

14.1

10am: 10.5

11am: 20.4

12pm: 26.2

1pm: 28.1

2pm: 25.6

3pm: 14.8

Yes (11am – 2pm)

Dwelling 6

90.11 / 45.1

18.1

10am: 9.9

11am: 18.2

12pm: 24.4

1pm: 24.6

2pm:26.7

3pm: 21.8

Yes (11am – 2pm)

The proposed dwellings will not result in shadowing of private open spaces for adjoining dwellings beyond the development site. Shadows cast will be wholly located within the subject land, or overshadow the adjoining public reserve to the south.

Overshadowing of Dwellings

Pursuant to the DCP Guidelines:

Sunlight to at least 75% of north-facing living area windows within the development and on adjoining land is to be provided for a minimum of four hours on 21 June; or not further reduced than existing where already less.

The proposed dwellings will each contain north-facing living room window/s. The submitted window shadow elevations demonstrate that solar access will be provided to those openings consistent with the DCP Guidelines (refer Drawing D19 in the attached planset).

The proposed dwellings will not cause overshadowing of northern living rooms windows for adjoining dwellings beyond the development site.

Views

The DCP sets the following Planning Outcomes in regard to Views:

·    building form and design allow for residents from adjacent properties to share prominent views where possible

·    views including vistas of heritage items or landmarks are not substantially affected by the bulk and scale of the new development.


 

The rear boundary of the subject land presents to William Maker Drive. This matter was acknowledged in the subdivision of the parent parcel (DA 122/2014 (amended)) as follows:

The [subdivision] will result in Lots 12 and 13 [now consolidated Lot 100] having rear boundaries presenting to William Maker Drive. Requiring a vegetated buffer to the rear of these lots is not considered necessary as the presence of the open space [adjoining to the south] will assist in softening the corner of William Maker Drive and the Northern Distributor Road.

Condition 29 of DA 122/2014 (amended) states:

(29)   A Restriction-as-to-User under Section 88B of the NSW Conveyancing Act 1979 shall be registered on the Deed of Title on Lots 12 and 13 [now consolidated Lot 100] that requires the rear boundary fencing of these lots to be lapped and capped timber fencing only. Additionally, the southern boundary of Lot 13 [now consolidated Lot 100] that is shared with the open space shall also be lapped and capped timber fencing only.

In order to ensure consistency with the subdivision DA and improve the presentation of the site in the William Maker Drive view corridor, conditions are included on the attached Notice of Approval requiring erection of fencing consistent with Condition 29 above.

The proposed dwellings will have acceptable visual impacts within the view corridor formed by Lily Pilly Place. The proposed dwellings will be compatible with dwellings on adjoining land in terms of massing, design and siting.

Visual Privacy

The DCP sets the following Planning Outcome in regard to Visual Privacy:

·    Direct overlooking of principal living areas and private open spaces of other dwellings is minimised firstly by:

-    building siting and layout

-    location of windows and balconies

and secondly by:

-    design of windows or use of screening devices and landscaping.

The proposed site layout and building design will provide acceptable visual privacy for dwellings within the development and those on adjoining parcels due to the following:

·    The proposed dwellings will overlook their associated private open space areas.

·    There will be nil-negligible interface between living room windows and opposing open space areas within the development.

·    Perimeter and internal fencing will be installed.

·    Living room windows within the development will be well set back from internal and perimeter boundaries, excepting the Dwelling 2 dining room window on the west elevation.


 

The particular window will be set back 1m from the western site boundary and oppose the main area of private open space at 4 Lily Pilly Place. In order to improve privacy between the opposing living spaces, a condition is included on the attached Notice of Approval requiring the Dwelling 2 dining room window be a highlight window.

·    Finished ground and floor levels will not result in overlooking.

Acoustic Privacy

The DCP sets the following Planning Outcome in regard to Acoustic Privacy:

·    Site layout and building design:

-    protect habitable rooms from excessively high levels of external noise

-    minimise the entry of external noise to private open space for dwellings close to major noise sources

-    minimise transmission of sound through a building to affect other dwellings.

Whilst the Development Application identified that the site would be exposed to some noise from both William Maker Drive and also the Northern Distributor Road, no detailed information was provided to confirm the development’s compliance with the NSW Environment Protection Authority (EPA) – “The NSW Road Noise Policy (RNP)”; Roads and Maritime Services (RMS) – Noise Criteria Guideline”;  and Roads and Maritime Services (RMS) – Noise Mitigation Guideline”.  Notwithstanding this, assessment of the impacts of road noise can be undertaken with the proposed development.

The proposed development is located beyond predicted noise buffers required by the 2004 NDR Environmental Impact Statement.  However it has recently been highlighted with neighbouring subdivisions, that traffic volumes and therefore noise levels from the NDR are higher than expected. That is, slightly higher traffic noise design levels should be taken into consideration during the construction of this development.  The Acting Director of Development Services has provided a condition of consent that requires the applicant to finalise construction details under the guidance of Acoustic Consultant to ensure that the dwellings will comply with the NSW Road Noise Policy. 

Security

The DCP sets the following Planning Outcomes in regard to Security:

·    the site layout enhances personal safety and minimises the potential for crime, vandalism and fear

·    the design of dwellings enables residents to survey streets, communal areas and approaches to dwelling entrances.

The proposal is considered acceptable in in regard to safety and security as follows:

·    the design of the dwellings will offer reasonable opportunities for surveillance of Lily Pilly Place, the internal driveway, front yards and private open space areas

·    the site has reasonable access control due to internal garages and perimeter and internal fencing

·    the landscape design will not restrict sight lines.


 

Circulation and Design

The DCP sets the following Planning Outcome in regard to Circulation and Design:

·    accessways and parking areas are designed to manage stormwater

·    accessways, driveways and open parking areas are suitably landscaped to enhance amenity while providing security and accessibility to residents and visitors

·    the site layout allows people with a disability to travel to and within the site between car parks, buildings and communal open space.

Proposed Dwellings 1 and 2 will have direct frontage and separate access to Lily Pilly Place. Reverse egress to the street will be required for Dwellings 1 and 2, consistent with manoeuvring arrangements for single dwellings throughout the City.

Access to proposed Dwellings 3-6 will be via a shared private roadway from Lily Pilly Place. The internal roadway will have a minimum formed width of 4.5m and accommodate two‑way passing of cars (B85 vehicles) within the site. Sufficient manoeuvring area will be available within the internal roadway to permit a reverse manoeuvre from garages, onsite turning and forward direction egress to Lily Pilly Place.

The design of internal roadway will comply with the Orange Development and Subdivision Code. Internal roadways for residential development of this scale are not required to accommodate access and manoeuvring for service vehicles (eg. emergency services or waste collection).

Landscaping of the common vehicle areas is proposed. The plantings are considered suitable to provide softening of extensive hardstand vehicle areas.

Car Parking

The DCP sets the following Planning Outcomes in regard to Car Parking:

·    Parking facilities are provided, designed and located to:

-    enable the efficient and convenient use of car spaces and access ways within the site

-    reduce the visual dominance of car parking areas and access ways.

·    Car parking is provided with regard to the:

-    the number and size of proposed dwellings

-    requirements of people with limited mobility or disabilities.

Pursuant to DCP 2004, onsite parking is required for two bedroom dwellings at a rate of 1.2 spaces per dwelling; with visitor parking required at a rate of 0.2 space per dwelling. Based on six dwellings, the proposed development will require 8.4 (ie 9) car parking spaces.

Nine (9) parking spaces will be provided for the development, in compliance with the DCP as follows:

·    Six single garages for each of Dwellings 1-6

·    Two tandem spaces adjacent to the single garages for Dwellings 1 and 2

·    One onsite visitor parking space between Dwellings 2 and 4.


 

Private Open Space

The DCP sets the following Planning Outcomes in regard to Private Open Space:

Private open space is clearly defined for private use.

·    Private open space areas are of a size, shape and slope to suit the reasonable requirements of residents including some outdoor recreational needs and service functions.

·    Private open space is:

-    capable of being an extension of the dwelling for outdoor living, entertainment and recreation

-    accessible from a living area of the dwelling

-    located to take advantage of outlooks; and to reduce adverse impacts of overshadowing or privacy from adjoining buildings

-    orientated to optimise year round use.

Private open space for the proposed dwellings will generally comply with the DCP Guidelines:

·    Each of the proposed dwellings will be provided with open space that complies with the minimum requirement in terms of area (ie. 50% of the gross floor area of the dwelling):

Dwelling

GFA (m2)

POS Required (m2)

POS Provided (m2)

DCP Compliance

Dwelling 1

67.13

33.6

43.1

Yes

Dwelling 2

94.54

47.3

55.7

Yes

Dwelling 3

75.01

37.5

49.4

Yes

Dwelling 4

97.81

48.9

50.9

Yes

Dwelling 5

70.11

35.1

38.8

Yes

Dwelling 6

90.11

45.1

52.5

Yes

·    Private open space for each dwelling will have a minimum dimension of 3m.

·    Private open space for each dwelling will accommodate the following areas:

Dwelling

POS Dimensions Required (m)

POS Dimensions Provided (m)

DCP Compliance

Dwelling 1

5m x 5m

6m x 4m

No

Dwelling 2

5m x 5m

5m x 5m

Yes

Dwelling 3

5m x 5m

5m x 4m

No

Dwelling 4

5m x 5m

5m x 5m

Yes

Dwelling 5

5m x 5m

6m x 4m

No

Dwelling 6

5m x 5m

5m x 5m

Yes

As shown:

-     Private open space to Dwellings 2, 4 and 6 will satisfy the DCP in relation to minimum dimensions.

-     Private open space to Dwellings 1 and 5 will have dimensions of 6m x 4m. The proposed open space area will afford consistent amenity and functionality as would be achieved with an area of 5m x 5m, and is considered acceptable.


 

-     Private open space to Dwelling 3 will have dimensions of 5m x 4m, and depart from the DCP. Nonetheless, in addition to the 5m x 4m space, an adjoining space of 3m x 7m will be provided. The combined open space area for Dwelling 3 will otherwise satisfy the DCP in respect of minimum area (m2), orientation, solar access and connectivity. The DCP departure is considered minor and within reasonable limit. Outdoor amenity will be maintained for proposed Dwelling 3.

·    Private open space for the dwellings will be located behind the building line and be provided with a northerly aspect.

·    As outlined previously, the solar access to each area of private open space on the winter solstice is considered satisfactory.

Open Space and Landscaping

The DCP sets the following Planning Outcomes in regard to Open Space and Landscaping:

·    the site layout provides open space and landscaped areas which:

-    contribute to the character of the development by providing buildings in a landscaped setting

-    provide for a range of uses and activities including stormwater management

-    allow cost effective management.

·    the landscape design specifies landscape themes consistent with the desired neighbourhood character; vegetation types and location, paving and lighting provided for access and security

·    major existing trees are retained and protected in a viable condition whenever practicable through appropriate siting of buildings, access ways and parking areas

·    paving is applied sparingly and integrated in the landscape design.

A landscape plan has been submitted in support of the proposal. The plan is considered suitable to provide integration of the dwellings in the streetscape, softening of hardstand vehicle areas and internal privacy screening.

Stormwater

The DCP sets the following Planning Outcomes in regard to Stormwater:

·    Onsite drainage systems are designed to consider:

-    downstream capacity and need for onsite retention, detention and re-use

-    scope for onsite infiltration of water

-    safety and convenience of pedestrians and vehicles

-    overland flow paths.

·    Provision is made for onsite drainage which does not cause damage or nuisance flows to adjoining properties.

Conditions are recommended in relation to stormwater management of the development.


 

Erosion and Sedimentation

The DCP sets the following Planning Outcome in regard to Erosion and Sedimentation:

·    Measures implemented during construction to ensure that the landform is stabilised and erosion is controlled.

An erosion and sediment control plan will be required in conjunction with the engineering design plans for the development. A condition is recommended in relation to this matter.

DEVELOPMENT CONTRIBUTIONS

Section 4.11 Development Contributions & Section 64 Headworks Charges

Development contributions are applicable to the proposed development, pursuant to Orange Development Contributions Plan 2017 (Waratah Contributions Area) as follows:

Open Space and Recreation

Six x 2 bedroom dwellings @ $2,259.80 less

2 x standard lots @ $3,876.55

$5,805.70

Community and Cultural

Six x 2 bedroom dwellings @ $655.34 less

2 x standard lots @ $1124.18

$1,683.68

 

Roads and Traffic Management

Six x 2 bedroom dwellings @ $3,073.38 less

2 x standard lots @ $5,116.91

$8,206.46

Local Area Facilities

Six x 2 bedroom dwellings @ $5,421.26 less

2 x standard lots @ $9,299.83

$13,927.90

Plan Preparation & Administration

Six x 2 bedroom dwellings @ $339.59 less

2 x standard lots @ $582.53

$872.48

TOTAL:

 

$30,496.22

Headworks charges for water supply, sewerage and stormwater will also apply to the proposal. The contributions are based on six x 2 bedroom dwellings (the existing allotment has a credit the equivalent of two standard lots which will be applied at the time of payment).

Conditions are included on the attached Notice of Approval requiring payment of development contributions.

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

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 93)

The proposal does not involve a change of building use for an existing building.

Buildings to be Upgraded (clause 94)

The proposal does not involve the rebuilding, alteration, enlargement or extension of an existing building.


 

BASIX Commitments (clause 97A)

A satisfactory BASIX certificate has been submitted with the application.

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

Neighbourhood Amenity

The proposal will provide and retain a reasonable standard of residential amenity for the proposed dwellings and those on adjoining lands in respect of solar access, privacy etc. The proposed development will provide for a continuation of residential land use, albeit in a more compact form, and will not alter the function of the neighbourhood. The development will not have adverse impacts on neighbourhood amenity.

Visual Impacts

The visual impacts of the proposed site layout and building design are considered acceptable, as outlined in the foregoing sections of this report.

A shared waste storage facility/bin bay will be provided on the subject land (via condition of consent) for Dwellings 3-6, to preclude the need for kerbside collection. Conditions are included that the bin bay be located on the shared driveway behind the Dwellings 1 and 2 front building line, in order that the facility will not be visually prominent in the streetscape.

Traffic Impacts

The proposal is considered to be satisfactory in terms of traffic impacts. Traffic generation associated with the development will be in the order of 24-30 daily vehicle trips, based on 4‑5 daily vehicle trips for two bedroom dwellings (RTA Guide to Traffic Generating Development, Roads and Traffic Authority 2002). Council’s Assistant Development Engineer advises that the anticipated traffic volume increase is well within the existing road capacity and will not impact on pedestrian safety.

The capacity of the local road network is sufficient to accommodate traffic generated by the development, and will not exceed environmental goals for peak volumes on local streets.

As outlined previously, site accesses and onsite manoeuvring areas are appropriate and will accommodate standard vehicles associated with the development. Onsite car parking will comply with the requirements of DCP 2004.

Cumulative Impacts

The proposal is considered to be satisfactory in terms of cumulative impact. The proposed dwellings will complement the neighbourhood built form in respect of bulk, design features and external finishes. The proposed development will not reduce the open space, solar access or privacy afforded to neighbouring properties. Similarly, the site layout and building design will provide a reasonable standard of residential amenity for the proposed dwellings in terms of open space, solar access and privacy. The development will contribute to the diversity of housing forms in the precinct in a manner that is consistent with the neighbourhood character.


 

Environmental Impacts

The subject land is contained within a developing residential precinct and comprises vacant, cleared land. Significant vegetation, threatened species or ecological endangered communities or their habitats are unlikely to be present. The site is not in proximity to any waterway, drinking water catchment or sensitive area. Sediment control measures, as required by conditions, will prevent loose dirt and sediment escaping the site and polluting downstream waterways.

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

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

·    the proposal is permitted on the subject land R1 General Residential zoning

·    the site is of sufficient area and dimensions to accommodate multi dwelling housing and provide a suitable standard of residential amenity

·    the site has direct frontage and access to public streets

·    there is no known contamination on the land

·    all utility services are available and adequate

·    the site is not subject to natural hazards

·    the subject land has no biodiversity or habitat value

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

·    the site is not known to contain any Aboriginal, European or archaeological relics.

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

The proposed development is defined as "advertised development" pursuant to DCP 2004-5.3. The application was advertised for the prescribed period of 14 days and at the end of that period five submissions had been received. The issues raised in the submissions are outlined below, and considered here or in the foregoing sections of this report.

The site has inadequate frontage to accommodate bins on collections days and will need to be placed at the front of the public reserve.

Comment: Conditions are included on the attached Notice of approval requiring an onsite waste storage facility be provided for Dwellings 3-6; collection of waste be undertaken from the site by waste contractor (‘run cost’ arrangement); and placement of bins for Dwellings 3-6 on the public street is not permitted.

The proposal will generate traffic hazards associated with onstreet parking congestion; multiple driveways to the site; additional traffic; and access for service vehicles.

Comment: Traffic impacts have been considered in the foregoing assessment.


 

Construction certification will be undertaken by a private certifier, and may not be to appropriate standard.

Comment: This is not a matter for consideration in the assessment of the DA. Complaints in relation to certification standards may be made to the Building Professionals Board.

The adjoining owners were not notified of the proposal.

Comment: Public and written notice of the DA were undertaken consistent with Council’s policy and practice to those owners as shown on Council’s records at the time of exhibition. It appears that the transfer of adjoining properties may have occurred concurrently with the DA notification, and purchasers were not advised of the development by the vendors (ie. landowners at the time of DA lodgement).

The development will have generate additional noise in the setting

Comment: Residential landuse is not noise-generating.

The proposed dwellings will overlook adjoining properties.

Comment: Privacy impacts were considered in the foregoing assessment.

The proposal comprises an overdevelopment of the site.

Comment: The proposal satisfies the applicable density provisions contained in Orange LEP 2011 and DCP 2004.

Inadequate parking will be provided for residents and visitors.

Comment: Car parking will be provided for the development consistent with the provisions of DCP 2004.

The proposed development will adversely impact on nearby property values.

Comment: This is not a matter for consideration in the assessment of a DA pursuant to Clause 4.15 of the EPAA 1979.

The proposal is inconsistent with the neighbourhood character in terms of density.

Comment: The proposed development comprises a more intensive form of residential landuse than was contemplated for the subject land. Indeed, this site was recently consolidated to achieve a site area that would permit multi dwelling housing. (It is noted that prior to consolidation, four dwellings would have been permitted on the former two lots).

It is acknowledged that the proposed building footprints and massing are dissimilar to the developing built form and lot sizes in the immediate setting. However, dual occupancies and multi dwelling housing do feature in the Waratah subdivision, and nearby to the site (23‑27 William Maker Drive). The development satisfies the R1 zone objectives to provide a variety of housing types and densities. Multi- dwelling housing is a permitted and complementary land use in the zone. The development is sited and designed to reasonably integrate in this setting, without adversely impacting on the neighbourhood character or function.


 

PUBLIC INTEREST s4.15(1)(e)

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

SUMMARY

The proposed development is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of 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. Impacts of the development are considered to be within reasonable limit, consistent with applicable standards and addressed by appropriate conditions of development consent. Approval of the application is recommended

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

COMMENTS

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

 

Attachments

1          Notice of Approval, D19/39788

2          Plans, D19/39396

3          Submissions, D19/39453

  


Council Meeting                                                                                                          16 July 2019

Attachment 1      Notice of Approval

 

ORANGE CITY COUNCIL

 

Development Application No DA 91/2019(1)

 

NA19/                                                                      Container PR28319

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

 

Development Application

 

  Applicant Name:

Mr I Y Zhang

  Applicant Address:

38 Farrell Road

ORANGE  NSW  2800

  Owner’s Name:

I J Zhang Pty Limited

  Land to Be Developed:

Lot 100 DP 1248945 - 5 Lily Pilly Place, Orange

  Proposed Development:

Multi Dwelling Housing (six dwellings) and Subdivision (two lot Torrens title and five lot Community title)

 

 

Building Code of Australia

 building classification:

 

Class as determined by certifier

 

 

Determination made under

  Section 4.16

 

  Made On:

16 July 2019

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

17 July 2019

Consent to Lapse On:

17 July 2024

 

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

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

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

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

 

 

 

 


 

Conditions

 

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

 

(a)      Drawings by designs@m. Job No. 17-051 - Sheets Nos. DA01-DA11, DA20 (13 sheets)

BASIX Certificate No. 1006104M

 

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

 

as amended in accordance with any conditions of this consent.

 

 

PRESCRIBED CONDITIONS

 

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

 

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

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

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

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

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

 

(4)      In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of the Act, evidence that such a contract of insurance is in force is to be provided to the Principal Certifying Authority before any building work authorised to be carried out by the consent commences.

 

(5)      Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a)      in the case of work for which a principal contractor is required to be appointed:

(i)       the name and the licence number of the principal contractor, and

(ii)      the name of the insurer by which the work is insured under Part 6 of that Act,

(b)      in the case of work to be done by an owner-builder:

(i)       the name of the owner-builder, and

(ii)      if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information under this condition becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.


 

(6)      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.

 

 

MULTI-DWELLING HOUSING

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(7)      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 alterations to water and sewer. No plumbing and drainage is to commence until approval is granted.

 

(8)      The payment of $30,496.22 is to be made to Council in accordance with Section 7.11 of the Act and the Orange Development Contributions Plan 2017 (Waratah Contributions Area) towards the provision of the following public facilities:

Open Space and Recreation

Six x 2 bedroom dwellings @ $2,259.80 less

2 x standard lots @ $3,876.55

$5,805.70

Community and Cultural

Six x 2 bedroom dwellings @ $655.34 less

2 x standard lots @ $1124.18

$1,683.68

 

Roads and Traffic Management

Six x 2 bedroom dwellings @ $3,073.38 less

2 x standard lots @ $5,116.91

$8,206.46

Local Area Facilities

Six x 2 bedroom dwellings @ $5,421.26 less

2 x standard lots @ $9,299.83

$13,927.90

Plan Preparation & Administration

Six x 2 bedroom dwellings @ $339.59 less

2 x standard lots @ $582.53

$872.48

TOTAL:

 

$30,496.22

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2017 (Waratah Contributions Area). This Plan can be inspected at the Orange Civic Centre, Byng Street, Orange.

 

(9)      Full details of external colours and finishes (dwellings, fences, retaining walls and hardstand surfaces) shall be submitted to, and approved by Council’s Manager Development Assessments prior to issue of a Construction Certificate.  External colours and finishes shall relate to nearby dwellings in Lily Pilly Place and Bluebell Way.

 

(10)    The following revised opening for Dwelling 2 shall be shown in the Construction Certificate plans:

·    A hi-light window to the dining room on the west elevation, with minimum sill height of 1.6m.

 

(11)    An onsite waste storage facility (bin bay) for shall be provided for Dwellings 3-6.  The facility shall be centrally located within the site adjacent to the internal driveway, and behind the front building line for proposed Dwellings 1 and 2.  The waste storage facility shall be shown on the Construction Certificate plans to the satisfaction of the Manager of Development Assessments.

 

(12)    A Road Noise Assessment Report shall be obtained from an appropriately qualified and experienced Acoustic Consultant that specifies design/construction details and attenuation measures to be installed within the dwellings to ensure that the buildings will comply with the NSW Environment Protection Authority (EPA) – “The NSW Road Noise Policy (RNP)”; Roads and Maritime Services (RMS) – “Noise Criteria Guideline”; and Roads and Maritime Services (RMS) – “Noise Mitigation Guideline”. Plans shall be amended to include all traffic noise attenuation measures identified in the Road Noise Assessment Report, prior to the issue of a Construction Certificate.

(13)    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.

 

(14)    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.

 

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

 

(16)    Grated stormwater pits are to be provided in the central driveway and to each dwelling within the individual yard areas of the multi-dwelling development. All stormwater from the site is to be collected and piped to:

·    the kerb and gutter in Lily Pilly Place where the stormwater discharge quantity from the development is less than 20 litres per sec; OR

·    to Council’s existing piped stormwater system in Lily Pilly Place where the stormwater discharge quantity from the development is greater than 20 litres per sec.

Dwellings 1 and 2 may discharge directly to the kerb in Lily Pilly Place.

          Prior to a Construction Certificate being issued engineering plans for this stormwater system are to be submitted to and approved by Orange City Council.

 

(17)    A 150mm-diameter sewer main is to be constructed from Council’s existing main to serve the proposed lots 101, 102 and the multi-dwelling development. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council.

Internal sewer lines servicing the multi-dwelling development from the sewer junction shall be constructed as private sewer mains.

 

(18)    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 contributions are based on water supply headworks and sewerage headworks for 6 x two bedroom dwellings (the existing allotment has a credit for two x 3 bedroom dwellings which will be applied at the time of payment).  A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

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

 

(19)    Water services for dwellings 3 to 6 shall be located in the common driveway area. Engineering plans of the water reticulation layout, sizing and metering shall to be submitted to Orange City Council for approval prior to the issuing of a Construction Certificate.

 

(20)    A Road Opening Permit in accordance with Section 138 of the Roads Act 1993 must be approved by Council prior to a Construction Certificate being issued or any intrusive works being carried out within the public road or footpath reserve. 

 

 

PRIOR TO WORKS COMMENCING

 

(21)    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.


 

(22)    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.

 

(23)    The location and depth of the sewer junction/connection to Council’s sewerage system is to be

 

 

DURING CONSTRUCTION/SITEWORKS

 

(24)    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.

 

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

 

(26)    All services (water, sewer and stormwater) shall be laid outside the easement unless there is a direct connection to the main within that easement.

 

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

 

(28)    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.

 

(29)    A 4.5m wide concrete driveway, kerb layback and footpath crossing is to be constructed to serve dwellings 3 to 6.

 

(30)    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.

 

(31)    Heavy-duty concrete kerb and gutter laybacks and footpath crossings are to be constructed in the position shown on the plan submitted with the Construction Certificate application. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code and the Road Opening Permit.

 

(32)    Dual water and sewerage reticulation is to be provided to every dwelling in the proposed residential development in accordance with the Orange City Council Development and Subdivision Code.

 

(33)    All services are to be contained within the allotment that they serve.

 

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

(34)    Timber paling fencing, 1.8m high, shall be provided to the rear (east) boundary to William Maker Drive and side (south) boundary to the public reserve. 

Internal fencing shall be provided to the development site in accordance with the approved plans.

The height of fencing shall be measured from the highest finished ground level adjacent to each part of that fence.


 

(35)    Landscaping shall be installed in accordance with the approved landscaping plan and shall be permanently maintained to the satisfaction of Council's Manager Development Assessment.

 

(36)    The proponent shall enter into a private service agreement with a waste contractor for the collection of garage, recycling and organic waste associated with Dwellings 3-6. Details of the service agreement shall be provided to Council prior to issue of an Occupation Certificate.

 

(37)    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.

 

(38)    Finished ground levels are to be graded away from the buildings and adjoining properties and must achieve natural drainage. The concentrated flows are to be dispersed down slope or collected and discharged to the stormwater drainage system.

 

(39)    Where Orange City Council is not the Principal Certifying Authority, a final inspection of water connection, sewer and stormwater drainage shall be undertaken by Orange City Council and a Final Notice of Inspection issued, prior to the issue of either an interim or a final Occupation Certificate.

 

(40)    The cut and fill is to be retained and/or adequately battered and stabilised (within the allotment) prior to the issue of an Occupation Certificate.

 

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

 

(42)    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.

 

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

 

(44)    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

 

(45)    Waste bins for Dwellings 3-6 shall be placed in the shared onsite waste storage facility on collection days only, for collection by private contractor. At other times, bins shall be stored with the respective dwellings. Kerbside placement of bins in Lily Pilly Place for Dwellings 3-6 is not permitted. Kerbside placement of bins for Dwellings1 and 2 is permitted.

 

 

SUBDIVISION (two lot Torrens Title, five lot Community Title)

 

DURING CONSTRUCTION/SITEWORKS

 

(46)    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

 

(47)    The private service agreement for the collection of garbage, recycling and organic waste associated with Dwellings 3-6 shall be incorporated into the Community Management Statement.  The waste service agreement shall not be amended or deleted without the agreement of Orange City Council.

 

(48)    Prior to the issuing of the Subdivision Certificate, a Surveyor’s Certificate or written statement is to be provided to the Principal Certifying Authority, stating that the buildings within the boundaries of the proposed Lots comply in respect to the distances of walls from boundaries.

 

(49)    Application shall be made for a Subdivision Certificate under Section 6.3(1)(d) of the Act.

 

(50)    Application is to be made to Telstra/NBN for infrastructure to be made available to each individual lot within the development. Either a Telecommunications Infrastructure Provisioning Confirmation or Certificate of Practical Completion is to be submitted to the Principal Certifying Authority confirming that the specified lots have been declared ready for service prior to the issue of a Subdivision Certificate.

 

(51)    A Notice of Arrangement from Essential Energy stating arrangements have been made for the provision of electricity supply to the development, is to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate.

 

(52)    An easement to drain sewage and to provide Council access for maintenance of sewerage works a minimum of 2.0 metres wide is to be created over the proposed sewerage works. 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.

 

(53)    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.

 

(54)    All engineering conditions of this development consent relating to the servicing of each dwelling are to be completed prior to the issuing of a Subdivision Certificate.

 

(55)    Where stormwater crosses land outside the lot it favours, an easement to drain water is to be created over the works. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1979 is to be created on the title of the burdened 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.

 

(56)    Prior to the issue of a Subdivision Certificate the following conditions ‘a’ to ‘e’ must be included in the Community Title Management statement:

a        water and sewer mains  constructed  as private  services  by the  developer  must  accord with  at least  the National Plumbing Code standards; and

b        Orange City Council makes no representation that the private water and sewer related services provided to the development are suitable; and

c        if a request  is  made at any time  in  the future by the developer or future owner to Orange City Council to extend the private services for any reason, then such extension shall be at Orange City Council standards including appropriate easements and must be constructed, funded and transferred by the applicant; and

d        Orange City Council will not provide maintenance services to the private services; and

e        clauses a-e shall not be deleted, varied or modified  without  the written  consent of Orange City Council.


 

(57)    Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision 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.

 

(58)    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.

 

 

 

 

Other Approvals

 

(1)      Local Government Act 1993 approvals granted under Section 68.

 

          Nil

 

(2)      General terms of other approvals integrated as part of this consent.

 

          Nil

 

 

 

Right of Appeal

 

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

 

  Disability Discrimination Act 1992:

This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992.

 

The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation.

 

The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

 

 

  Disclaimer - S88B of the Conveyancing Act 1919 - Restrictions on the Use of Land:

The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

 

 

Signed:

On behalf of the consent authority ORANGE CITY COUNCIL

 

 

Signature:

 

 

Name:

 

PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS

 

Date:

 

17 July 2019

 



Council Meeting                                                                                                                           16 July 2019

Attachment 2      Plans

FOR THE PUBLIC, PLANS WILL BE OMITTED AND SUBMISSIONS REDACTED IN ORDER TO COMPLY WITH VARIOUS OBLIGATIONS OF ORANGE CITY COUNCIL UNDER:

(A) ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979;

(B) ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATIONS 2000;

(C) COPYRIGHT ACT 1968;

(D) GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009;

(E) PRIVACY AND PERSONAL INFORMATION PROTECTION ACTION ACT 1998.

PLEASE NOTE THAT PUBLIC ACCESS TO PLANS IS SUBJECT TO THE FOLLOWING:

INTERNAL FLOOR PLANS WILL ONLY BE DISCLOSED TO PERSONS WHO HAVE A GENUINE, REAL AND DEMONSTRABLE INTEREST IN SEEING SUCH INFORMATION AND WHO CAN DEMONSTRATE A DIRECT POTENTIAL EFFECT UPON THEM BY BEING WITHIN THE SPHERE OF INFLUENCE OF THE RESIDENTIAL COMPONENTS OF A DEVELOPMENT OR IF THE HOME OWNER'S WRITTEN CONSENT CAN BE PROVIDED.

COPIES OF ALL PLANS ARE NOT AVAILABLE WITHOUT THE WRITTEN CONSENT OF THE COPYRIGHT OWNER (ARCHITECT).






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Council Meeting                                                                                                                         16 July 2019

Attachment 3      Submissions

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Council Meeting                                                                                                 16 July 2019

6     Closed Meeting - See Closed Agenda

The General Manager will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.

The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

Recommendation

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

6.1     Invest in Orange Region Project

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)iii information that would, if disclosed, reveal a trade secret.

6.2     Tender - Collection and Processing of Used Mattresses

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.

6.3     Sale of 61 Casey Street, Orange

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.

6.4     Lease of Hangar W Orange Airport

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

 

 


Council Meeting                                                                                                 16 July 2019

 

6.1     Invest in Orange Region Project

RECORD NUMBER:       2019/1367

AUTHOR:                       Sharon D'Elboux, Manager Business Development    

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)iii information that would, if disclosed, reveal a trade secret.

 

 


Council Meeting                                                                                                 16 July 2019

 

6.2     Tender - Collection and Processing of Used Mattresses

RECORD NUMBER:       2019/1407

AUTHOR:                       Wayne Davis, Manager Waste Services and Technical Support    

Reason for Confidentiality

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

 

 


Council Meeting                                                                                                 16 July 2019

 

6.3     Sale of 61 Casey Street, Orange

RECORD NUMBER:       2019/1409

AUTHOR:                       Nick Redmond, Manager Corporate and Community Relations    

Reason for Confidentiality

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

 

 


Council Meeting                                                                                                 16 July 2019

 

6.4     Lease of Hangar W Orange Airport

RECORD NUMBER:       2019/1275

AUTHOR:                       Shirley Hyde, Legal and Property Officer    

Reason for Confidentiality

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

 

  


Council Meeting                                                                                                 16 July 2019

7       Resolutions from closed meeting