Agenda of Council Meeting - 19 November 2019

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 7 November 2019

COMMENCING AT 7:01pm

1 Introduction

Attendance

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

Chief Executive Officer, Acting Director Development Services, Director Community, Recreation and Cultural Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Financial Services, Manager Water & Sewer (Strategic), Manager Engineering Services

1.1 APOLOGIES

RESOLVED - 19/530 Cr J Hamling/Cr M Previtera

That the apologies be accepted from Cr G Taylor and Cr K Duffy for the Council Meeting of Orange City Council on 7 November 2019.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

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

Cr R Turner declared a Significant Non-Pecuniary Interest in item 2.2 of the Planning and Development Committee – DA 305/2019(1) - Lot 99 Emerald Street, as he owns land in this area.

Cr Whitton declared a Less than Significant Non-Pecuniary Interest in item 2.4 of the Planning and Development Committee – DA 232/2018(1) – Helipad – 1083 Forest Road, as he lives in the vicinity.

Cr J McRae declared a Non-Significant Non-Pecuniary Interest in item 2.1 of the Infrastructure Policy Committee – Minutes of the City of Orange Traffic Committee 8 October 2019 (Anson Street Parking) because she owns a business in this area.

2 Mayoral Minutes

Nil

LATE ITEM

RESOLVED - 19/531 Cr S Munro/Cr J Hamling

That the following late item be dealt with at the meeting of Orange City Council held on 7 November 2019:

CCL 5.3 Request for Financial Assistance - Round 1 Of 2019/2020 - Event Sponsorship Program - McCormack Barber Party Under The Stars New Year’s Eve Community Celebrations

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

OPEN FORUM

Item 2.4 - Planning and Development – DA 232/2018(1) Helipad – 1083 Forest Road

Dean Brus - Mr Brus spoke in favour of the development.

James Dellow - Against

Sally Playfair – Against

Graham Thornberry – Against

Item 2.5 - Planning and Development – DA 71/2019 Gosling Creek Path Widening

Stephen Martin

Item 3.1 – Infrastructure Policy Committee – Current Works

Cyril Smith

Item 2.2 - Planning and Development – Lot 99 Emerald Street

AGAINST

Val Houlahan

Glen Prestwidge

Rachelle Drew

Joy Johnston

Phillip Johnston

Sunita Kumar

Satendra Kumar

Tony Hogarth

FOR

Matthew Ward – Aspect Buyers Agency

David Walker – Premise

Wendy Mason

Julianne Potts

Frances Young – Zonta Cub of Orange

Amanda Spalding

Sarah Priestley – Housing Plus

Bev Rankin – Fusion Australia Ltd

David Standley – Housing Plus

Darrell Hair

Rochelle Monaghan – Housing Plus

David Fisher – Housing Plus

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.07PM

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 19/532 Cr S Nugent/Cr S Romano

That the Minutes of the Ordinary Meeting of Orange City Council held on 22 October 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 22 October 2019.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 8.10PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 10.12PM

4 Notices of Motion/Notices of Rescission

4.1 Notice of Motion - Traffic control methods Turner Crescent

TRIM Reference: 2019/2364

MOTION Cr S Munro/Cr J Hamling

That staff bring a report to Council on the potential of Council adding traffic calming infrastructure/traffic control in Turner Crescent in close proximity to the approved childcare building.

AMENDMENT Cr R Turner/Cr J Whitton

That Council review the status of traffic and safety after a period of 6 months Childcare centre operation.

ON BEING PUT TO THE MEETING THE AMENDMENT WAS LOST

For: Cr Hamling, Cr Turner, Cr Mileto

Against: Cr Whitton, Cr Nugent, Cr McRae, Cr Kidd, Cr Previtera, Cr Munro, Cr Romano

Absent: Cr Taylor, Cr Duffy

RESOLVED - 19/556 Cr S Munro/Cr J Hamling

That staff bring a report to Council on the potential of Council adding traffic calming infrastructure/traffic control in Turner Crescent in close proximity to the approved childcare building.

For: Cr McRae, Cr Whitton, Cr Nugent, Cr Kidd, Cr Hamling, Cr Romano, Cr Previtera, Cr Munro

Against: Cr Turner, Cr Mileto

Absent: Cr Taylor, Cr Duffy

4.2 Notice of Motion - Business Rates

TRIM Reference: 2019/2383

RESOLVED - 19/557 Cr J McRae/Cr S Nugent

That a report be brought to Council on the levers available to Council to support Orange CBD businesses.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

RESOLVED - 19/558 Cr J McRae/Cr M Previtera

That, with the time being 10.30pm, Council resolved to continue the meeting in accordance with the Code of Meeting Practice.

5 General Reports

5.1 Quarterly Budget Review and Performance Indicators - Quarter 1 of 2019/20

TRIM Reference: 2019/2277

RESOLVED - 19/559 Cr J Whitton/Cr J Hamling

That Council resolves:

1 That the information provided in the report on the quarterly budget and performance indicators review for July to September 2019 be acknowledged.

2 The bank reconciliation statement be acknowledged.

3 To adopt unfavourable variations in the consolidated overall cost to council arising from the September 2019 quarterly review amounting to $426,028.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

5.2 2019 Australian Airports Association Annual Conference

TRIM Reference: 2019/2382

RESOLVED - 19/560 Cr J Hamling/Cr S Munro

That Council nominate Cr Hamling to attend the 2019 Australian Airports Association Annual Conference 19-22 November 2019 on the Gold Coast.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

5.3 Request for Financial Assistance - Round 1 of 2019/2020 - Event Sponsorship Program - McCormack Barber Party Under The Stars New Year’s Eve Community Celebrations

TRIM Reference: 2019/2404

MOTION Cr J Hamling/Cr J McRae

The Council resolves:

1 That funding of $10,000.00 be made from the Event Sponsorship Program Fund to the McCormack Barber Party under the Stars New Year’s Eve Community Celebrations (event promotion).

2 To place the proposed allocation of funds to McCormack Barber who is a business acting for profit on public exhibition for a minimum of 28 days (in accordance with section 356 of the Local Government Act 1993).

AMENDMENT Cr J Hamling/Cr S Munro

The Council resolves:

1 That funding of $20,000.00 be made from the Event Sponsorship Program Fund to the McCormack Barber Party under the Stars New Year’s Eve Community Celebrations (event promotion).

3 That McCormack Barber promote the support received from Orange City Council for the event and that Council’s support be included in all media announcements.

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

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 19/561 Cr J Hamling/Cr S Munro

The Council resolves:

1 That funding of $20,000.00 be made from the Event Sponsorship Program Fund to the McCormack Barber Party Under the Stars New Year’s Eve Community Celebrations (event promotion).

3 That McCormack Barber promote the support received from Orange City Council for the event and that Council’s support be included in all media announcements.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

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 Chief Executive Officer 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 - 19/562 Cr J McRae/Cr S Nugent

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

6.1 EOI - Loan Borrowings

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

6.2 Acquisition Easement Lot 39 DP 788920 - Construction of Sewer Easement

6.3 Acquisition Easement Lot 44 DP 788920 - Construction of Sewer Easement

6.4 Acquisition Easement Lot 54 DP 867205 - Construction of Sewer Easement

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 10.47pm.

The Mayor declared the Ordinary Meeting of Council resumed at 10.49pm.

7 Resolutions from Closed Meeting

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

6.1 EOI - Loan borrowings

TRIM Reference: 2019/2271

RESOLVED - 19/563 Cr J Whitton/Cr S Munro

That Council resolves:

1 That the loan funds be drawn from T-Corp (NSW Treasury Corporation) repaid in quarterly instalments over 5 years.

2 That should T-Corp (NSW Treasury Corporation) be unable to furnish our request, the loan funds are drawn from the Commonwealth Bank of Australia to be repaid over five years in quarterly instalments.

3 That the Chief Executive Officer be authorised to execute relevant documents.

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

5 That necessary advice be supplied to the NSW Government on Council’s borrowings.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

6.2 Acquisition easement Lot 39 DP 788920 - Construction of Sewer Easement

TRIM Reference: 2019/2337

RESOLVED - 19/564 Cr J Whitton/Cr S Munro

1 That Council acquire as easement approximately 173.2 m² over Lot 39 DP 788920 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991 for the amount of $31,168.

2 That the Chief Executive Officer be authorised to finalise the acquisition.

3 That permission be granted for the use of the Council Seal on any document if required.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

6.3 Acquisition easement Lot 44 DP 788920 - Construction of Sewer Easement

TRIM Reference: 2019/2339

RESOLVED - 19/565 Cr J Whitton/Cr S Nugent

1 That Council acquire as easement approximately 496.9 m² over Lot 44 DP 788920 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991 for the amount of $31,937.

2 That the Chief Executive Officer be authorised to finalise the acquisition.

3 That permission be granted for the use of the Council Seal on any document if required.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

6.4 Acquisition easement Lot 54 DP 867205 - Construction of Sewer Easement

TRIM Reference: 2019/2347

RESOLVED - 19/566 Cr J Hamling/Cr R Turner

1 That Council acquire as easement approximately 128m² over Lot 54 DP 867205 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991 for the amount of $4,000.

2 That the Chief Executive Officer be authorised to finalise the acquisition.

3 That permission be granted for the use of the Council Seal on any document if required.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

The Meeting Closed at 10.49pm

This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 2019.

Planning and Development Committee 19 November 2019

Attachment 1 PDC 7 November 2019 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Planning and Development Committee

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

ON 7 November 2019

COMMENCING AT 8.10pm

1 Introduction

Attendance

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

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 19/533 Cr J Hamling/Cr M Previtera

That the apologies be accepted from Cr G Taylor and Cr K Duffy for the Planning and Development Committee of Orange City Council on 7 November 2019.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

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

Cr R Turner declared a Significant Non-Pecuniary Interest in item 2.2 as he owns property in this area.

Cr J Whitton declared a Significant Non-Pecuniary interest in item 2.4 as he lives in close proximity to the subject site.

** Cr Turner left the chamber with the time being 8.10pm. **

2 General Reports

2.2 Development Application DA 305/2019(1) - Lot 99 Emerald Street

TRIM Reference: 2019/2288

Cr Turner declared a Significant, Non-Pecuniary Interest in this item, as he owns property in the area, left the chamber and did not participate in discussion or voting on this item.

*In the absence of the Chairperson, the Mayor assumed the chair for this item.

RESOLVED 19/534 Cr S Nugent/Cr T Mileto

That Council resolves:

1 That the information contained in the report for development application DA 305/2019(1) - proposed Multi Dwelling Housing (Affordable Housing) – Lot 99 DP 1234441 - Emerald Street, Orange be acknowledged.

2 That Council make a submission upon this application to the Western Regional Planning Panel.

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

** Cr Turner returned to the chamber with the time being 8.38pm and assumed the chair. **

2.1 Items Approved Under the Delegated Authority of Council

TRIM Reference: 2019/2111

RESOLVED - 19/535 Cr J Hamling/Cr R Kidd

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: Cr Taylor, Cr Duffy

2.3 Planning and Development: Community Participation Plan 2019 - post-exhibition and finalisation

TRIM Reference: 2019/2305

RESOLVED - 19/536 Cr S Nugent/Cr J McRae

That Council resolves:

1 To adopt the Planning and Development: Community Participation Plan 2019.

2 To amend Development Control Plan 2004 (Chapter 5) by removing provisions for exhibition of development applications, and reference instead the Planning and Development: Community Participation Plan 2019.

3 To update the attachment to ST024 being the Declaration of Planning and Development Assessment Procedures and Protocols from Version 4 to Version 5.

4 To update ST024 to ensure the Policy references the correct attachment (being Version 5 attachment).

5 To update delegations in accordance with Version 5 of the attachment to Declaration of Planning and Development Assessment Procedures and Protocols.

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

** Cr Whitton left the chamber with the time being 8.45pm. **

2.4 Development Application DA 232/2018(1) - helipad - 1083 Forest Road

TRIM Reference: 2019/186

Cr J Whitton declared a Significant Non-Pecuniary interest in this item as he lives in close proximity to the subject site, left the chamber and did not participate in discussion or voting on this item.

RESOLVED - 19/537 Cr S Munro/Cr R Kidd

That Council consents to development application DA 232/2018(1) for Helipad at Lot 2 DP 1069705 - 1083 Forest Road, Spring Creek pursuant to the conditions of consent in the attached Notice of Approval.

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

** Cr Whitton returned to the chamber with the time being 8.55pm. **

2.5 Development Application DA71/2019(1) - 118 Bloomfield Road

TRIM Reference: 2019/2296

RESOLVED - 19/538 Cr S Munro/Cr R Kidd

That Council consents to development application DA 71/2019(1) for Recreation Area (Gosling Creek Cycle Path) at Lots 50 and 58 DP 750401, and Lots 3 and 4 DP 216843 - 118 Bloomfield Road and 2 Bloomfield Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

** Cr Romano left the chamber with the time being 8.59pm. **

** Cr Romano returned to the chamber with the time being 9.01.pm **

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

2.6 Development Application DA 258/2019(1) - 1 Scarborough Street

TRIM Reference: 2019/2318

RESOLVED - 19/539 Cr R Kidd/Cr S Munro

That Council consents to development application DA 258/2019(1) for Dual Occupancy and Subdivision (two lot residential) at Lot 129 DP 1237871 - 1 Scarborough Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

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

2.7 Development Application DA 310/2019(1) - 21 Scarborough Street

TRIM Reference: 2019/2319

RESOLVED - 19/540 Cr J Whitton/Cr S Munro

That Council consents to development application DA 310/2019(1) for Dual Occupancy (attached) and Subdivision (two lot residential) at Lot 119 DP 1237871 - 21 Scarborough Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

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

The Meeting Closed at 9.04PM

Infrastructure Policy Committee 19 November 2019

Attachment 2 IPC 7 November 2019 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Infrastructure Policy Committee

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

ON 7 November 2019

COMMENCING AT 9.05pm

1 Introduction

Attendance

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

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 19/541 Cr J Hamling/Cr M Previtera

That the apologies be accepted from Cr K Duffy and Cr G Taylor for the Infrastructure Policy Committee of Orange City Council on 7 November 2019.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

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

Cr McRae declared a Less than significant, non-pecuniary interest in Item 2.1 (Part 3.2) as she is a business owner in this area.

3 General ReporTs

3.1 Current Works

TRIM Reference: 2019/2321

RESOLVED - 19/542 Cr J Hamling/Cr R Kidd

That Council resolves to note the report on Current Works.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

MATTER ARISING

Cr Hamling requested a report be provided to Council on the ability to progress the Ploughmans Lane upgrade due to its current condition and that it is a main connection road between The Escort Way and Coronation Drive.

QUESTION TAKEN ON NOTICE

Cr Munro requested information on the rebates available for water tanks and the ability to raise these rebates. Cr Munro also requested statistics on alternative water supplies.

** Cr McRae left the chamber with the time being 9.20pm. **

2 Committee Minutes

2.1 Minutes of the City of Orange Traffic Committee meeting - 8 October 2019

TRIM Reference: 2019/2335

Cr McRae declared a less than significant, non-pecuniary interest in Part 3.3 of this item as she is a business owner in this area, left the chamber and did not participate in discussion or voting on this item.

RESOLVED - 19/543 Cr J Hamling/Cr R Kidd

That Council resolves:

1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 8 October 2019.

2 Recommendations 3.1 to 3.5 from the minutes of the City of Orange Traffic Committee meeting of 8 October 2019 being:

3.1 1 That Council not install speed bumps on William Maker Drive;

2 That Council requests Roads and Maritime Services to erect additional/repeater speed signs in William Maker Drive;

3.2 That ‘awareness’ line marking and/or remedial works be applied to the problem parallel parking locations as outlined in the attached report;

3.3 That Council installs Two Hour Parking and No Parking signs as per Annexure A and B of this report;

3.4 That Council approves the closure of Byng Street (McNamara to Lords) on 25 October 2019 between 11am and 11pm in accordance with the attached Conditions of Consent;

3.5 That Council installs restricted parking during business hours for the Mayor next to the bicycle rack at the rear entrance of the Civic Centre.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy, Cr McRae

QUESTION TAKEN ON NOTICE

Cr Romano requested information be provided on the availability of dedicated Councillor parking spaces at the Civic Centre.

** Cr McRae returned to the chamber with the time being 9.30pm. **

The Meeting Closed at 9.30PM

Services Policy Committee 19 November 2019

Attachment 6 SPC 7 November 2019 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Services Policy Committee

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

ON 7 November 2019

CO`MMENCING AT 9.58pm

1 Introduction

Attendance

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

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 19/551 Cr J Hamling/Cr M Previtera

That the apologies be accepted from Cr G Taylor and Cr K Duffy for the Services Policy Committee of Orange City Council on 7 November 2019.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

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 Lucknow Community Committee - 19 September 2019

TRIM Reference: 2019/2348

RESOLVED - 19/552 Cr J Whitton/Cr R Kidd

1 That Council acknowledge the reports presented to the Lucknow Community Committee at its meeting held on 19 September 2019.

2 That Council note recommendations 4.1 (i) from the minutes of the Lucknow Community Committee meeting of 19 September 2019:

That the Lucknow Community Committee Action Plan be reviewed and updated with the following inclusion:

i. That $25,000 be allocated to kerb and guttering in Lucknow

3 That Council determine recommendations 4.1 (ii) from the minutes of the Lucknow Community Committee meeting of 19 September 2019:

That the Lucknow Community Committee Action Plan be reviewed and updated with the following inclusion:

ii. Timing on signs lifting and additional words for signs be updated

4 That $18,430 be allocated to kerb and guttering for Lucknow subject to review by Council’s Technical Services Division and liaison with property and business owners.

5 That the remainder of the minutes of the Lucknow Community Committee at its meeting held on 19 September 2019 be adopted.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

QUESTIONS TAKEN ON NOTICE

Cr Kidd requested information be provided on the insurance status of the Lucknow School of Arts after the recent fire.

Cr Kidd requested information be provided on the planned maintenance schedule for the Lucknow School house.

2.2 Minutes of the Orange Health Liaison Committee Meeting - 24 September 2019

TRIM Reference: 2019/2340

RESOLVED - 19/553 Cr S Nugent/Cr R Kidd

1 That Council acknowledge the reports presented to the Orange Health Liaison Committee at its meeting held on 24 September 2019.

2 That Council determine recommendations 3.1 and 3.2 from the minutes of the Orange Health Liaison Committee meeting of 24 September 2019:

3.1 – That Council host 2 Resilience Project presentations early in 2021 at the Orange Civic Theatre

3.2 – That Council provide $10,000 from the Let’s Renew budget to contribute to the financial requirement to provide the Live Life Get Active program in Orange.

3 That the remainder of the minutes of the Orange Health Liaison Committee at its meeting held on 24 September 2019 be adopted.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

2.3 Minutes of the NAIDOC Week Community Committee - 3 October 2019

TRIM Reference: 2019/2262

RESOLVED - 19/554 Cr S Nugent/Cr R Kidd

1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting held on 3 October 2019.

2 That the remainder of the minutes of the NAIDOC Week Community Committee at its meeting held on 3 October 2019 be adopted.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

MATTER ARISING

Thanks was extended to the NAIDOC Chairperson, Gerald Power, and to the Committee members for their work in this committee.

2.4 Minutes of the NAIDOC Week Community Committee - 17 October 2019

TRIM Reference: 2019/2384

RESOLVED - 19/555 Cr J Hamling/Cr S Nugent

1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting held on 17 October 2019.

2 That Council determine recommendation 3.1 from the minutes of the NAIDOC Week Community Committee of 17 October 2019:

Item 3.1 Budget

That $600.00 be donated to the Elders Luncheon, which includes $200.00 already approved for transport. Extra money is being used for entertainment to be provided by Luke Barnes and Ricky Ah See.

3 That the remainder of the minutes of the NAIDOC Week Community Committee at its meeting held on 17 October 2019 be adopted.

For: Unanimous

Against: Nil

Absent: Cr Taylor, Cr Duffy

The Meeting Closed at 10.12pm

Council Meeting 19 November 2019

5.2 Statement of Investments - October 2019

TRIM REFERENCE: 2019/2425

AUTHOR: Julie Murray, Financial Accountant

EXECUTIVE SUMMARY

The purpose of this report is to provide a statement of Council’s investments held as at 31 October 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 31 October 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 31 October 2019, the investments held by Council in each fund is shown below:

	31/10/2019	30/09/2019
General Fund	62,153,270.32	65,522,079.31
Water Fund	56,472,092.54	53,720,182.31
Sewer Fund	48,215,659.99	48,225,213.41

Total Funds	166,841,022.76	167,467,475.03

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

Externally Restricted	31/10/2019	30/09/2019
General Fund	28,894,038.21	28,684,889.03
Water Fund	56,472,092.54	53,720,182.31
Sewer Fund	48,215,659.99	48,225,213.41
Auspiced	1,805,885.06	1,805,885.06
Internally Restricted	18,623,635.83	15,623,635.83
Unrestricted	12,829,711.13	19,407,669.39
Total Funds	$166,841,022.76	$167,467,475.03

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

Portfolio Advice

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

Imperium Markets major services provided to Council include:

· Quarterly portfolio summary reports

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

· Advice on policy construction

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

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 October 2019 had dropped to 0.75 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.12 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 1.0 per cent plus 0.75 per cent (or 75 basis points).

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 October 2019, the AusBond rate was 1.65 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.12 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%	27.72%	72.28%
3 - 12 Months	100.00%	44.42%	55.58%
1 - 2 Years	70.00%	13.07%	56.93%
2 - 5 Years	50.00%	14.79%	35.21%
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 A rated and above investments than for those with ratings of B or less. The level of money held in the bank accounts has been added to the table to illustrate the ability of Council to cover the operational liabilities that typically occur (for example payroll, materials and contracts, utilities).

Table 2: Credit Rating Limits

Credit Rating	Maximum	Holding	Remaining Capacity	Value	Return on Investment
Bank Accounts	100.00%	6.42%	93.58%	$10,715,181.93	0.75%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	37.46%	62.54%	$62,501,240.00	2.05%
A	60.00%	17.53%	42.47%	$29,250,000.00	1.99%
BBB & NR	40.00%	38.58%	1.42%	$64,374,600.83	2.34%
Below BBB	0.00%	0.00%	0.00%	N/A	N/A

AMP Bank was downgraded by Standard and Poor’s from A to BBB during August, thereby pushing the holdings of BBB rated products close to the maximum capacity. This situation continues to be monitored and will be addressed over time, by transferring across to A rated counterparties as the BBB rated investments fall due.

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 19 November 2019

5.3 Councillor Attendance, Training and Compliance

RECORD NUMBER: 2019/2368

AUTHOR: Samantha Freeman, Acting Director Corporate and Commercial Services

EXECUTIVE Summary

At the Council Meeting of 22 October 2019, Council resolved to receive a report outlining Councillor Training, attendance at Council Meetings, Community Committee Meetings and Workshops/Briefings, Compliance with Code of Conduct Training and Lodgement of Declarations of Interest. This report provides an outline of information relating to each element for the information of Council.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council note the report on Councillor Attendance, Training and Compliance.

further considerations

SUPPORTING INFORMATION

At the Council Meeting of 22 October 2019, Council resolved:

4.3 Notice of Motion - Councillor Attendance, Training and Compliance

TRIM Reference: 2019/2152

RESOLVED - 19/512 Cr J McRae/Cr S Nugent

That Council be provided with a report including the following information for the current Council term:

1 Councillor Training.

2 Councillor attendance at Council Meetings.

3 Councillor attendance at Community Committee Meetings.

4 Councillor attendance at briefing sessions and workshops.

5 Councillor Code of Conduct Training completed within the required time period.

6 Completion of Declarations of Interest by due dates.

Outlined below is information relating to each element 1-6 for the current Council term commencing 26 September 2017 after Councillors swore their oath of office.

1 Councillor Training

The following training and development has been undertaken during the Council Term:

Councillor	Date	Training Description
McRae	October 2017	Capable Councils – information, programs and services for newly elected Councillors
Nugent	October 2017	Capable Councils
Previtera	October 2017	Capable Councils

Kidd	November 2017	Hit the Ground Running Workshop
McRae	November 2017	Hit the Ground Running Workshop
Mileto	November 2017	Hit the Ground Running Workshop

Kidd	February 2018	Speed Reading
McRae	February 2018	Speed Reading
Mileto	February 2018	Speed Reading
Previtera	February 2018	Speed Reading

Kidd	June 2018	Developing Capabilities for Elected Members
Mileto	June 2018	Developing Capabilities for Elected Members
Previtera	June 2018	Developing Capabilities for Elected Members

Duffy	February 2019	General Manager Performance Appraisal Training
Kidd	February 2019	General Manager Performance Appraisal Training
McRae	February 2019	General Manager Performance Appraisal Training
Mileto	February 2019	General Manager Performance Appraisal Training
Munro	February 2019	General Manager Performance Appraisal Training
Nugent	February 2019	General Manager Performance Appraisal Training
Previtera	February 2019	General Manager Performance Appraisal Training
Romano	February 2019	General Manager Performance Appraisal Training

McRae	March 2019	LGNSW Audit & Risk Committee Training

Mileto	August 2019	LGNSW Financial Issues in Local Government
Previtera	August 2019	LGNSW Financial Issues in Local Government

2 Council Meeting Attendance

Since appointment in the current term, there have been 23 Policy Committee Meetings and 31 Council Meetings (including Extraordinary meetings) up until and including 22 October 2019. The following information relates to individual attendance at Council Meetings.

Councillors	Meeting attendance 26 September 2017 to 22 October 2019	COUNCIL MEETINGS (including Extraordinary)	POLICY MEETINGS
Duffy, K	Attended	28	22
	Apologies	3 (two apologies attending Conferences)	1 (attended Conference)
	Absent	0	0
Kidd, R	Attended	31	22
	Apologies	0	1
	Absent	0	0
Hamling, J	Attended	26	18
	Apologies	5	5
	Absent	0	0
McRae, J	Attended	30	21
	Apologies	1	2
	Absent	0	0
Mileto, T	Attended	29	21
	Apologies	2 (one apology for attending Planning Summit)	2 (one apology for attended Conference)
	Absent	0	0
Munro, S	Attended	26	21
	Apologies	5	2
	Absent	0	0
Nugent, S	Attended	30	23
	Apologies	1	0
	Absent	0	0
Previtera, M	Attended	28	23
	Apologies	3	0
	Absent	0	0
Romano, S	Attended	26	18
	Apologies	5 (one apology for attending Conference)	5
	Absent	0	0
Taylor, G	Attended	28	18
	Apologies	3	5
	Absent	0	0
Turner, R	Attended	30	19
	Apologies	1	4
	Absent	0	0
Whitton, J	Attended	26	17
	Apologies	5	6
	Absent	0	0

Attached is a list of individual meeting dates and attendance records.

3 Community Committee Meeting Attendance

Council holds a number of community committees where Councillor representation is required. Below is a summary of each Community Committee meeting, showing Councillor members and their attendance at those meetings.

Ageing and Access		Airport
Total Number of Meetings	8	Total Number of Meetings	6
Cr K Duffy (Chairperson)	8	Cr S Romano (Chairperson)	2
Cr J McRae	7	Cr J McRae	5
Cr S Romano	1	Cr T Mileto	6
		Cr S Munro	0

Australia Day		City of Orange Traffic Committee
Total Number of Meetings	14	Total Number of Meetings	24
Cr R Kidd	5	Cr R Turner (Chairperson)	16
Cr R Turner (resigned 11.9.19)	11	Cr T Mileto (Alternate)	6
Cr Munro (commenced 11.9.19)	1	Cr R Kidd	2

Clifton Grove		Community Safety and Crime Committee
Total Number of Meetings	3	Total Number of Meetings	7
Cr J McRae (Chairperson)	3	Cr J Hamling (Chairperson)	6
Cr M Previtera	2	Cr J McRae	7
		Cr T Mileto	3
		Cr G Taylor	0

Companion Animals		Cultural Heritage
Total Number of Meetings	7	Total Number of Meetings	6
Cr S Nugent (Chairperson)	7	Cr R Kidd (Chairperson)	5
Cr S Munro	0	Cr K Duffy	0
Cr R Kidd	1	Cr S Nugent	3

Economic Development		Environmental Sustainability
Total Number of Meetings	14	Total Number of Meetings	8
Cr T Mileto (Chairperson)	10	Cr S Nugent (Chairperson)	7
Cr R Kidd	9	Cr J McRae	5
Cr M Previtera	10	Cr M Previtera	5
Cr J Whitton	4

Floodplain Risk Management		Lucknow Community
Total Number of Meetings	4	Total Number of Meetings	6
Cr R Kidd (Chairperson)	2	Cr T Mileto (Chairperson)	6
Cr S Romano	0	Cr M Previtera	6

NAIDOC		Orange Health Liaison
Total Number of Meetings	22	Total Number of Meetings	8
Cr S Munro	0	Cr R Kidd	6
Cr S Nugent	4	Cr J McRae	7
Cr R Kidd	3

Orange & Cabonne Road Safety		Orange Showground
Total Number of Meetings	3	Total Number of Meetings	4
Cr K Duffy	3	Cr R Kidd (Chairperson)	2
Cr J McRae	2	Cr S Munro	1
		Cr S Romano	0

Orange Conservatorium & Planetarium		Orange Regional Museum
Total Number of Meetings	2	Total Number of Meetings	5
Cr K Duffy (Chairperson)	2	Cr R Kidd (Chairperson)	4
Cr R Turner	2	Cr S Nugent	2

Parks, Trees and Waterways		Sister Cities
Total Number of Meetings	5	Total Number of Meetings	6
Cr R Kidd (Chairperson)	3	Cr K Duffy	3
Cr S Nugent	5	Cr T Mileto	5
Cr M Previtera	4

Sport & Recreation		Spring Hill Community
Total Number of Meetings	6	Total Number of Meetings	7
Cr J Hamling (Chairperson)	5	Cr T Mileto (Chairperson)	7
Cr K Duffy	1	Cr J McRae	3
Cr S Nugent	4	Cr S Munro	1

Tidy Towns		World War I Centenary
Total Number of Meetings	5	Total Number of Meetings	4
Cr K Duffy (Chairperson)	4	Cr R Kidd (Chairperson)	3
Cr J McRae	5	Cr M Previtera	1
Cr S Munro	0

Central West Libraries		Audit & Risk Management
Total Number of Meetings	2	Total Number of Meetings	7
Cr J McRae	2	Cr R Kidd	5
		Cr J McRae	7
		Cr J Whitton	1

4 Briefings/Workshops

25 Council Briefings/Workshops were held during the Current Council Term. Outlined below is information in relation to the attendance at those Briefings/Workshops.

Please Note: Attendance at the first 9 Briefings/Workshops was not recorded nor was attendance recorded at Fireside Chats (mainly budget related). These figures therefore are for the following 16 Briefings/Workshops held since June 2018:

Briefings/Workshops
Total Number of Briefings/Workshops (excluding Fireside Chats & the first 9 Briefings where attendance was not recorded)	16
Cr K Duffy	16
Cr R Kidd (Mayor)	10
Cr J Hamling	5
Cr J McRae	11
Cr T Mileto	13
Cr S Munro	4
Cr S Nugent	12
Cr M Previtera	12
Cr S Romano	5
Cr G Taylor	3
Cr R Turner	5
Cr J Whitton	2

5 Councillor Code of Conduct Training

Councillors were provided with access to Online Code of Conduct training for the period Monday 2 September – Friday 13 September. The information below provides an outline of the status of Councillors Code of Conduct compliance training.

Orange City Council Code of Conduct - Councillors
Councillor	Status	Due Date	Completion Date
Cr R Kidd	Completed		03/09/2019
Cr S Romano	Completed		7/10/2019
Cr R Turner	Completed		1/10/2019
Cr S Munro	Not Yet Started	16/09/2019
Cr J McRae	Completed		3/09/2019
Cr G Taylor	In Progress	16/09/2019
Cr T Mileto	Completed		12/09/2019
Cr M Previtera	Completed		8/09/2019
Cr S Nugent	Completed		12/09/2019
Cr K Duffy	Completed		11/09/2019
Cr J Hamling	Completed		10/09/2019
Cr J Whitton	Completed		11/10/2019

6 Completion of Declarations of Interest

Under Section 449 of the Local Government Act 1993, Declarations of Interest are required to be lodged by 30 September each year. Below is a summary of Councillor lodgement in accordance with the reporting requirements.

Date Due	30 Sept 17	30 Sept 18	30 Sept 19
Cr K Duffy	Y	Y	Y
Cr R Kidd (Mayor)	Y	Y	Y
Cr J Hamling	Y	Y	Y
Cr J McRae	**Y	Y	Y
Cr T Mileto	**Y	Y	Y
Cr S Munro	Y	Y	Y
Cr S Nugent	**Y	Y	Y
Cr M Previtera	**Y	Y	Y
Cr S Romano	**Y	Y	Y
Cr G Taylor	Y	Y	Y
Cr R Turner	Y	Y	Y
Cr J Whitton	Y	Y	Y

**Completed as at 9 September 2017 as this was the first return required to be submitted after attaining the position of designated person

Attachments

1 Attendance at Council and Policy Committee Meetings - 26 September 2017 to 22 October 2019, 2019/2408 ⇩

2 Councillor Attendance - Community Committees - October 2017 to September 2019, D19/68051 ⇩

Council Meeting 19 November 2019

Attachment 1 Attendance at Council and Policy Committee Meetings - 26 September 2017 to 22 October 2019

2017 Council and Policy Committee Meetings

Councillor Name	26/09/2017	3/10/2017	17/10/2017	7/11/2017	21/11/2017	7/12/2017	19/12/2017
Duffy, K	Attended	Attended	Attended	Apology	Attended	Attended	Attended
Hamling, J	Attended	Attended	Attended	Attended	Attended	Apology	Attended
Kidd, R (Mayor)	Attended	Attended	Attended	Attended	Attended	Attended	Attended
McRae, J	Attended	Attended	Attended	Attended	Attended	Attended	Apology
Mileto, T	Attended	Attended	Attended	Apology	Attended	Attended	Attended
Munro, S	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Nugent, S	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Previtera, M	Attended	Attended	Attended	Attended	Attended	Attended	Apology
Romano, S (D. M.)	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Taylor, G	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Turner, R	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Whitton, J	Attended	Attended	Attended	Attended	Attended	Attended	Attended

Apologies in red are attendance at Conferences

2018 Council and Policy Committee Meetings

Councillor Name	6/02/2018	20/02/2018	6/03/2018	20/03/2018	27/03/2018	3/04/2018	17/04/2018	1/05/2018	15/05/2018
Duffy, K	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Hamling, J	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Kidd, R (Mayor)	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
McRae, J	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Mileto, T	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Munro, S	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Nugent, S	Attended	Attended	Attended	Attended	Apology	Attended	Attended	Attended	Attended
Previtera, M	Attended	Attended	Attended	Attended	Apology	Attended	Attended	Attended	Attended
Romano, S (D. M.)	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Taylor, G	Attended	Attended	Apology	Attended	Attended	Attended	Attended	Attended	Attended
Turner, R	Apology	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Apology
Whitton, J	Attended	Attended	Apology	Attended	Attended	Attended	Attended	Attended	Attended

2018 Council and Policy Committee Meetings

Councillor Name	6/06/2018	19/06/2018	3/07/2018	17/07/2018	7/08/2018	14/08/2018	21/08/2018	4/09/2018	18/09/2018
Duffy, K	Attended	Apology	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Hamling, J	Attended	Attended	Apology	Attended	Attended	Apology	Attended	Attended	Attended
Kidd, R	Attended	Attended	Apology	Attended	Attended	Attended	Attended	Attended	Attended
McRae, J	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Mileto, T	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Munro, S	Apology	Attended	Apology	Attended	Attended	Attended	Attended	Attended	Attended
Nugent, S	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Previtera, M	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Romano, S	Apology	Apology	Attended	Attended	Attended	Apology	Attended	Attended	Attended
Taylor, G	Attended	Attended	Apology	Attended	Apology	Attended	Attended	Attended	Attended
Turner, R	Attended	Attended	Attended	Attended	Apology	Attended	Attended	Attended	Attended
Whitton, J	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Apology

Councillor Name	2/10/2018	16/10/2018	17/10/2018	7/11/2018	20/11/2018	27/11/2018	4/12/2018	18/12/2018
Duffy, K	Attended	Attended	Attended	Attended	Apology	Attended	Attended	Attended
Hamling, J	Apology	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Kidd, R	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
McRae, J	Attended	Attended	Attended	Attended	Attended	Apology	Attended	Attended
Mileto, T	Apology	Apology	Attended	Attended	Attended	Apology	Attended	Attended
Munro, S	Attended	Attended	Attended	Attended	Apology	Apology	Attended	Attended
Nugent, S	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Previtera, M	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Romano, S	Attended	Attended	Attended	Attended	Apology	Attended	Attended	Attended
Taylor, G	Attended	Attended	Attended	Attended	Apology	Attended	Attended	Attended
Turner, R	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Whitton, J	Attended	Attended	Attended	Attended	Apology	Apology	Attended	Attended

Apologies in red are attendance at Conferences

2019 Council and Policy Committee Meetings

Councillor Name	5-Feb-19	19-Feb-19	5-Mar-19	19-Mar-19	2-Apr-19	16-Apr-19	7-May-19	14-May-19	21-May-19	4-Jun-19	25-Jun-19
Duffy, K	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Hamling, J	Attended	Apology	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Apology
Kidd, R	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
McRae, J	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Mileto, T	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Munro, S	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Apology	Attended	Attended
Nugent, S	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Previtera, M	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Romano, S	Attended	Attended	Attended	Attended	Attended	Attended	Apology	Apology	Attended	Attended	Apology
Taylor, G	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Apology	Attended	Attended
Turner, R	Attended	Attended	Apology	Attended	Attended	Attended	Attended	Attended	Attended	Apology	Attended
Whitton, J	Apology	Attended	Apology	Attended	Apology	Attended	Attended	Attended	Attended	Attended	Attended

Councillor Name	2-Jul-19	16-Jul-19	6-Aug-19	20-Aug-19	3-Sep-19	10-Sep-19	17-Sep-19	1-Oct-19	8-Oct-19	22-Oct-19
Duffy, K	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Apology	Attended
Hamling, J	Attended	Attended	Attended	Attended	Apology	Attended	Apology	Apology	Apology	Attended
Kidd, R	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
McRae, J	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Apology	Attended	Attended
Mileto, T	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Munro, S	Attended	Apology	Attended	Attended	Attended	Attended	Attended	Attended	Apology	Attended
Nugent, S	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Previtera, M	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Apology
Romano, S	Attended	Attended	Attended	Apology	Attended	Attended	Attended	Apology	Apology	Attended
Taylor, G	Attended	Attended	Apology	Attended	Apology	Attended	Attended	Attended	Apology	Attended
Turner, R	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended	Attended
Whitton, J	Attended	Attended	Apology	Attended	Apology	Apology	Attended	Attended	Apology	Attended

Council Meeting 19 November 2019

5.4 Adoption of Flood Study and DCP Amendment

RECORD NUMBER: 2019/2267

AUTHOR: Jason Theakstone, Manager Engineering Services

EXECUTIVE Summary

The Floodplain Risk Management Community Committee at its 6 May 2019 meeting recommended:

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.

Further to this recommendation the Planning and Development Committee recommended,

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.

This report serves to adopt the Flood Study and DCP amendments.

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

Adoption of amendment to the Orange Development Control Plan.

Recommendation

That Council resolves to:

1 Adopt the Blackmans Swamp Creek and Ploughmans Creek Flood Study – April 2019 Rev 1.1 (includes the revisions recommended in the body of this report).

2 Adopt the amendments to the Development Control Plan attached and referred to in the body of this report.

further considerations

SUPPORTING INFORMATION

The Floodplain Risk Management Community Committee at its 6 May 2019 meeting recommended:

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.

Further to this recommendation the Planning and Development Committee recommended,

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.

Both recommendations were resolved at the following Council meeting.

Following the ratification of both recommendations, Council staff sent letters to approximately 2700 home owners advising the owners that their home was either:

1. Subject to flooding; or

2. Subject to flooding but the dwelling on the allotment was not subject to above floor inundation.

The letters also directed the home owner to view the new Flood Maps, Flood Study, DCP amendment and LEP amendment that allows the LEP to “talk” to the DCP amendment and make comment on the flood maps and amendments.

All draft documents, a Frequently Asked Questions document together with a Question and Answer forum were loaded onto Council’s Your Say site and exhibited 26 July 2019 to 26 August 2019. The following Your Say Flood Study site statistics should be of interest to Council:

· 890 people visited the site

· 433 people downloaded documents

· 52 viewed the FAQ page.

Council also held a Question and Answer presentation in the Civic Centre Theatre on 1 August 2019 where approximately 60 people attended.

During the exhibition period, Council’s engineering and planning staff answered in excess of 200 ratepayers’ questions at the Council Civic Centre.

After this enormous consultation campaign, Council only received 10 formal submissions from the public. This is a testament to the professionalism of Council’s engineering, planning and media staff and should be recognized as a well delivered exhibition of very important strategic documents.

A summary of the submissions are shown below with the Manager of Engineering Services (MES) comment to the submissions are listed below:

1 Laura Reid (18 Garden Street)

Objects to the stigma of flood prone on 10.7 Certificates (S149 Certificates) at her property.

MES comment: The Overland Flow only just touches 18 Garden Street and thus the flood does not really affect the property. The map will be adjusted to show the property not flood affected.

2 Julie Woolf (5 Burrendong Way)

Raises concerns over the way Council manages vegetation within the Ploughmans Creek tributary next to her property and has concerns the vegetation has an effect on the overland flow path, thus affecting the ability to sell her home or the effect on insurance.

MES Comment: Council carries out periodic maintenance on its parks and gardens. A request to carry out some vegetation management near the property has been sent to Council’s Manager of City Presentation. The model does recognize blockages and roughness within vegetated open drains

3 Department of Primary Industries (DPI) (1447 Forest Road)

Requests DPI be contacted if any further development of the Flood model be undertaken.

MES comment: Council’s MES has engaged with DPI over the raising of the DPI Agricultural Research dam. The DPI dam break study does recommend DPI raise the crest and spillway of the dam. Once the mitigation options report has been developed by Council’s consultancy, Council will further work with DPI as to help attain funding to raise the dam wall.

4 Robert Ristvej (2 & 3 Landy Place)

Believes Council’s lack of vegetation management within the Ploughmans Creek tributary adjacent his properties increases the risk of flooding at his properties. Mr Ristvej refuses to have any DCP or LEP amendments placed on his properties.

MES comment: Mr Ristvej has been contacted and supplied velocity of flows and other technical information. Council’s Manager of City Presentation has been asked to undertake vegetation works at the location.

5 Mr & Mrs Parker (74 Kenna Street)

Argues a low retaining wall constructed along the fence at 1 – 3 Moulder Street (eastern boundary of 74 Kenna Street) influences the behaviour of the overland flow and asks what is Council going to do about this considering Council approved the retaining wall.

MES Comment: Anecdotally it appears the retaining wall may influence the overland flow path behaviour. The approval of the retaining wall and unit development was done prior to the flood study. Council’s engineering staff believes there are opportunities to construct retention basins near Calare School, at the Presbyterian Ladies Collage (PLC) and at Orange High School (OHS) that will further mitigate flooding at this property.

6 Mr M Speechley (51 Farrell Road)

Argues the construction of an earth sound mound along the Northern Distributor Road (NDR) pushes overland flow onto the rear of his property.

MES Comment: It appears the construction of the sound mound has influenced the behaviour of the overland flow at this location. Council’s engineering staff have commenced design to mitigate this situation and return flows to pre NDR flows.

7 Mr T Parks (42 & 44 Icely Road)

Has concerns that now his properties are denoted as flood affected via a S.10.7 Certificate that this will influence his property value and insurance cost.

MES Comment: Council staff is not in a position to comment on property value or insurance. These properties are beneficiaries of the Kinross retention basin.

8 Mr W McDonald (51 & 53 Sampson Street and 4 Hamer Street)

Has “generally, no problem or objection to the strategy” but believes the accuracy of LiDAR skews the result of the flood model as the accuracy is +/- 30mm.

Also has concerns where a LIDAR “shot” from the 1m grid hits a car or a tree it skews the model. Argues a base RL flood height should be provided by survey rather than LiDAR and objects to the inclusion of his properties within the flood model until a specific flood RL can be given.

MES Comment: LiDAR is an appropriate survey technique to develop flood modelling. The accuracy of the LiDAR survey is negligible within the model as LiDAR “shots” tend to have a consistent inaccuracy, that is to say the group of shots within an area are usually say +/- 30mm; this consequently does not affect the model.

Cars and peculiarities are typically removed from a digital terrain model prior to flood modelling.

The 1% AEP flood height at the subject properties is RL 877.107 AHD, the natural surface level of the subject property ranges from RL 876.745 AHD to RL 877 AHD. Mr McDonald has been given the site specific RL as requested.

9 Mr D and Mrs K Walker (8 Yarawini Drive)

Wishes to know if internal drainage lines are considered within the model and if a small retaining wall behind the property is considered within the model.

MES Comment: Council’s storm water drainage system is recognized within the model. Typically, storm water drainage is designed to accommodate 10% AEP (1 in 10 year) flows. The private storm water system that drains to the street would alleviate low flow but wouldn’t convey major flows such as a 1% AEP.

The retaining wall at the rear of the property is unlikely to prevent water entering the rear of the property because it has a gap in the wall for a rear entrance plus due to its size it would have been recognized in the LiDAR survey.

10 Heath Consulting Engineers (1 – 5 Ash Street)

Has concerns two isolated “pockets” of overland flow appear on the property.

MES Comment: During the development of the flood maps staff and the consultant rationalized the model to remove “pockets” such as these. Council should remove these pockets of overland flow.

The submissions are attached to this report.

During the exhibition phase in excess of 150 ratepayers visited Council and requested Council engineering staff explain the flood model. During the explanation, two properties were found to have floor heights that were, in Council staff’s opinion, above the 1%AEP flood yet where recognized as above floor inundated within the study. Council should recognize these properties as not above floor inundated and remove these properties from the flood damages assessment.

The properties are described as:

1. 8 Ophir Street

2. 7 Lyrebird Place.

Council staff and the flood modelling consultant believe the following amendments should be undertaken to the draft DCP chapter:

1. Amend the flood maps to incorporate the recommended changes above;

2. Amend Annexure 2 (5) to include Hotel;

3. Minor amendments to the wording of the DCP;

4. The inclusion of Commercial and Industrial as suitable within main stream flooding but with the appropriate development controls; and

5. The inclusion of Essential Community Facilities as suitable within overland flow flooding but with the appropriate development controls.

It is recommended that Council accepts the amendments to the Flood Model and DCP as recommended within the body of this report and adopt the Flood study, DCP and LEP amendments attached.

Attachments

1 Post Exhibition Draft DCP Amendment, D19/61737 ⇩

2 YourSay Data - Flood Study Exhibition, D19/65478 ⇩

3 Submissions - Flood Study Exhibition - Redacted, D19/68237 ⇩

Council Meeting 19 November 2019

Attachment 1 Post Exhibition Draft DCP Amendment

4A.1 INTRODUCTION

This chapter of the Development Control Plan (DCP) was prepared to provide specific development controls to guide development of flood affected land within Orange.

The DCP incorporates the findings of the Blackmans Swamp and Ploughmans Creek Flood Study and the procedures set out in the NSW Floodplain Management Manual, 2005.

4A.1.1 What does the plan do?

The plan provides information and guidelines to assist people considering the development or use of land affected by potential flooding within Orange. Development may include, among other things:

· Building construction;

· Alterations and additions to existing developments;

· Filling land; earthworks including but not limited to: filling, excavation, trenching , swale drains,

· landscape such as; garden edging, planting of trees and shrubs, construction of pathways and other hard surface areas, construction of fences

· establishing a business;

· subdividing land;

· minor development such as Carports and Garages; and

· permit merit based assessment of development upon an allotment where it can be demonstrated that the development site is above the 1% AEP (100 year ARI).

4A.1.2 Objectives

This chapter of the DCP aims to:

a) To minimise the potential impact of development and other activity upon the aesthetic, recreational and ecological value of the waterway corridors.

b) Increase public awareness of the hazard and extent of land affected by all potential floods, including floods greater than the Adopted Flood and to ensure essential services and land uses are planned in recognition of all potential floods.

c) Inform the community of Council’s policy for the use and development of flood prone land.

d) Reduce the risk to human life and damage to property caused by flooding through controlling development on land affected by potential floods.

e) Provide detailed controls for the assessment of applications lodged in accordance with the Environmental Planning and Assessment Act 1979 on land affected by potential floods.

f) Provide different guidelines, for the use and development of land subject to all potential floods in the floodplain, which reflect the probability of the flood occurring and the potential hazard within different areas.

g) Apply a “merit-based approach” to all development decisions which takes account of social, economic and ecological as well as flooding considerations.

h) To control development and other activity within each of the individual floodplains within the LGA having regard to the characteristics and level of information available for each of the floodplains.

i) Deal equitably and consistently with applications for development on land affected by potential floods, in accordance with the principles contained in the NSW Floodplain Development Manual, 2005 issued by the NSW Government.

j) To provide controls for the assessment of applications on land affected by potential floods in accordance with the provisions of Orange LEP 2011 (as amended).

4A.1.3 Will the plan affect my property?

The DCP applies to all development permissible with the consent of Council on land in Orange that is shown in Annexure 1.0.

4A.2.0 HOW TO USE THIS PLAN

The DCP provides a general criterion for determining development applications. The criteria recognise that different controls apply to different land uses and levels of potential flood inundation or hazard.

Step 1 Using the maps in Annexure 1 identify whether your land is flood affected land, and whether it is within the Floodway (Main Stream Flooding) (red areas) or if it is subject to Overland Flow Deeper than 100mm (blue areas).

Step 2 Using Annexure 2 identify the most relevant land use category for your proposed development or works.

Step 3 Refer to the matrix in Annexure 3 to determine the Flood Response Levels for different aspects of your proposed development or works – such as floor levels, building components, structural soundness, evacuation, flood affectation and management and design.

Step 4 Using the Flood Response Levels from step 3 consult the Flood Response Controls in Annexure 3 and incorporate the requirements into your design.

Step 5 Where flood compatible materials are required by a Flood Response Control consult Annexure 4 for guidance.

4A.3.0 WHAT ARE THE CRITERIA FOR DETERMINING APPLICATIONS?

4A.3.1 General

The criteria for determining applications for proposals potentially affected by flooding are structured in recognition that different controls are applicable to different land uses and levels of potential flood inundation and hazard.

4A.3.2 Land use categories

Seven land use categories have been adopted and are listed in Annexure 2.0 - ALL development shall be deemed to be within one of the 7 categories. Where a development is of a type not explicitly listed, it shall be deemed to be within the category that contains the most similar forms of development.

4A.3.3 What controls apply to proposed residential developments?

The development controls apply to all flood prone land at or below the 1% AEP flood. The type of control has been graded relative to the severity and frequency of potential floods, having regard to the two following applicable categories:

· Floodway – Shown in red on the Interim Flood Planning Areas and Levels Main Stream Flooding and Overland Flow affected Areas Maps shown in Annexure 1

· Overland Flow – Shown in blue on the Interim Flood Planning Areas and Levels Main Stream Flooding and Overland Flow affected Areas Maps shown in Annexure 1

· Annexure 3 outlines the flood response levels and controls relevant to the area to which this Policy applies for each of the above categories.

4A.3.4 What if my allotment is partially in the Floodway or Overland Flow?

Any proposed development on that land shall be subject to a merit based assessment with respect to the proposed development’s location and impact on flood affectation.

4A.3.5 Fencing

Any proposed fencing is to be shown on the plans accompanying a development application and the likely effect of such fencing on flood behaviour is to be assessed by a suitably qualified engineer.

All fencing panels (including Colorbond, galvanised, timber, wire and brush) to be either:

a) removable so that panels can be laid flat; or

b) horizontally hinged where a portion of at least 1.2m high is capable of:

I. Swinging open to allow floodwater to pass.

II. Raised as to allow floodwaters to flow beneath

Fencing may be required to comply with a type and siting criteria as prescribed by Council.

4A.3.6 Other Uses and works

All other development, building or other works within any of the categories that require Council’s consent will be considered on their merit. In consideration of such applications Council must determine that the proposed development is in compliance with the objectives of this policy.

4A.3.7 Other documents which may need to be read in conjunction with this plan:

· Orange Local Environmental Plan 2011;

· Relevant Council policies, development control plans and specifications;

· Blackmans Swamp and Ploughman’s Creek Flood Study;

· NSW Government Floodplain Management Manual;

· Environmental Protection Authority Guidelines on Sediment and Erosion Control;

· Environmental Protection Authority Guidelines on on-site effluent disposal.

4A.3.8 What Information Do You Have to Submit to Council?

In order to obtain the approval of Council you must lodge a Development Application in accordance with the Environmental Planning and Assessment Act 1979.

The application must be accompanied by:

· A site plan showing the location of proposed works or structures,

· Contour lines of the site to enable assessment of likely flood behaviour

· Materials proposed to be used in the development,

· Proposed finished floor levels,

· The location and proposed height of all electrical and critical utilities.

4A.4.0 DESCRIPTION OF TERMS

Definitions of terms used in the DCP are provided as follows:

Term	Description
Australia Height Datum (AHD)	A common National plain of level corresponding approximately to mean sea level.
Design floor level	The floor level specified in this policy which applies to the relevant land use type and the location and existing ground level of the site.
Designated flood	The flood adopted for planning purposes relative to the sensitivity of different land uses and the flood risk, as specified by Annexure 1.0.
Designated flood level	Represents the maximum level of water reached measured as a height above Australian Height datum during a designated flood.
Flood awareness	An appreciation of the likely effects of flooding and knowledge of the relevant flood warning and evacuation procedures.
Flood compatible building components	A combination of measures incorporated in the design and/or construction and alteration of individual buildings or structures subject to flooding, and the use of flood compatible materials for the reduction or elimination of flood damage as indicated in the Floodplain Development Manual
Flood compatible materials	Those materials used in building which are resistant to damage when inundated. A list of flood compatible materials is attached in Annexure 4.0.
Flood evacuation strategy	The proposed strategy for the evacuation of areas during periods of flood as specified within any policy of Council, the Floodplain Risk Management Plan, by advice from the NSW State Emergency Service (SES) or as determined in the assessment of individual proposals.
Flood liable land	The area of land which is subject to inundation by floods up to and including the 1% AEP.
Flood planning level	A level as defined in a flood management study for the purposes of setting flood related control applicable to a particular use of the land.
Flood Planning Area	The area shown in red on the Flood Planning Maps within Annexure 1.
Floodplain	An area of land that is subject to inundation by the probable maximum flood or an extreme flood event.
Floodway	An area of land as defined in a flood study which constitutes the main flood path of floodwaters and in which flood hazard conditions occur, as distinctly identified and shown in red on Interim Flood Planning Areas.
Flood hazard	The potential risk to life and potential damage caused by flooding.
Flood prone land	land susceptible to inundation by the maximum flood PMF or an appropriate extreme flood event.
Freeboard	A factor of safety usually expressed as a height above the designated flood. Freeboard tends to compensate for factors such as wave action, localised hydraulic effects and the like.
Habitable floor area	Refers to a room (other than a Garage, Shed, bathroom, laundry, W.C. or the like) that is constructed or adapted for domestic living such as a lounge room, dining room, rumpus room, kitchen, bedroom.
Overland Flow	An area of land as defined in a flood study which constitutes secondary flow path of floodwaters and in which flood hazard conditions occur, as distinctly identified and shown in blue on Interim Flood Planning Areas and Levels Maps within Annexure 1.
Reliable access during a flood	The ability for people to safely evacuate an area subject to imminent flooding within effective warning time and without a need to travel through areas where water depths increase.
Interim Designated Flood Event	Flood event based on historical information which allows the provisions of an Environmental Planning instrument to be implemented until such time as a floodplain risk management plan has been adopted for an area, the Interim Designated Flood Event determines the extent of flood liable land in the interim period.
Probable maximum flood (PMF)	The largest flood that could conceivably occur at a particular location.

Council Meeting 19 November 2019

5.5 Orange LEP 2011 - Amendment 24 - Post Exhibition report

RECORD NUMBER: 2019/2137

AUTHOR: Craig Mortell, Senior Planner

EXECUTIVE Summary

Orange Local Environmental Plan 2011 Amendment 24 was placed on public exhibition from 26 July 2019 to 26 August 2019. The amendment is a housekeeping administrative measure intended to rectify a number of anomalies and minor matters that have been encountered by staff in the years since the LEP 2011 was adopted. These matters include a range of heritage corrections, local clause adjustments, spot rezonings and one additional permitted use. One adjustment relates to clause 7.2 and flood control planning, this change also involves an amendment to Orange Development Control Plan 2004 and has been informed by an associated flood study.

During the exhibition period a total 12 submissions were received, which are related to the effect of the flood study and associated mapping on specific individual properties. None of the submissions have articulated an objection to the proposed LEP & DCP clauses and control mechanisms. All such submissions have been provided to Councils engineers to review as part of the flood study exhibition which ran concurrently with the LEP/DCP exhibition.

There were 22 other matters contained in the LEP amendment unrelated to the flood study, none of these matters attracted any submission. There were a number of verbal enquiries in relation to these other matters, particularly the alteration to the airport obstacle limitation surface (OLS) map and some of the heritage corrections. Such enquiries were predominantly seeking clarification, particularly in terms of the OLS and its relevance to developments on affected land, rather than expressing any opposition or concern.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “7.1 Preserve - Engage with the community to develop plans for growth and development that value the local environment”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves to:

1 That Council adopt Amendment 24 to Orange Local Environmental Plan 2011 as exhibited; and

2 That Council adopt the amendment to Orange Development Control Plan 2004 relating to flood controls, updated to reflect the LEP land use definitions.

further considerations

SUPPORTING INFORMATION

Draft Development Control Plan chapter for flood affected land

Annexure 2.0 of the draft DCP chapter that was placed on exhibition had been prepared with descriptions of development types and common language of land uses rather than explicit LEP land use definitions. In some cases this could have potential to result in disputed interpretations of the planning requirements. Subsequent to the public exhibition the draft DCP annexure 2.0 has been updated to adopt the LEP land use definitions to clarify the intent of the DCP. These changes do not materially alter the operation of the DCP and are intended solely to avoid ambiguity or confusion.

Agency submissions

John Holland Rail on 2 September acknowledged notification but stated they had no comments to offer.

Transgrid wrote advising of the location of their transmission line easements and their associated guidelines for development in those locations. Transgrid also advised of fencing guidelines they have adopted and requested to be kept informed and consulted on any development occurring within their lands and easements. This advice does not materially affect the drafting of either the LEP or DCP amendments and has been forwarded to Councils engineers for their consideration.

Department of Primary Industries – Agriculture wrote of the need to consider ongoing investigations into the Orange Agricultural Institute dam that is identified in the flood study mapping.

Public submissions

Flooding - Accuracy of maps

Some submissions have disputed the identification of their properties as being flood affected on a range of grounds. These include anecdotal experience of past events, a perception that if neighbours are not identified their property should not be identified.

Flooding - Individual property contexts

Several submissions detailed the particular circumstances of their properties with respect to flooding. These submissions do not address the proposed method of flood control planning directly but instead question the identification of their property in the study maps as being flood affected. In some cases concern is expressed that past civil works or neighbouring developments may have altered the flood regime in relation to their property.

Flooding - Insurance implications

Submissions note that identification of their property as potentially flood affected may have implications for their insurance premiums and policies. In setting premiums it is assumed that insurance providers would need to allow a contingency for uncertainty. In the absence of information they would be likely to assume a greater level of hazard than otherwise. Correct identification of the extent and degree of hazard therefore reduces this uncertainty in premium calculations.

Flooding - Property valuation

The potential for flood affectation to impact upon property valuations has been raised in the submissions. Clearly some prospective buyers may be reluctant to purchase a property that is identified as flood affected. However the flood study also has the benefit of quantifying the extent of hazard present enabling prospective buyers to estimate mitigation measures or design responses, such as floor levels, for any extensions or redevelopment.

In any event Council has an obligation to provide clear and unbiased information on planning certificates. Whenever knowledge of a hazard improves this will necessarily alter the information provided. In this respect a planning certificate is a snapshot in time of the known risks and circumstances and will always be subject to change over time.

Flooding - Reduction in development potential

These submissions have not objected to the proposed LEP and DCP flood planning mechanism but are seeking reconsideration of their property in the flood study and associated maps. As such these submissions have been forwarded to Councils engineers for review and consideration in the flood study, which is the subject of a separate report.

Characterisation of the exhibition

One submission raised concern that the headline used Councils website for the exhibition of Amendment 24 may have given an impression that the amendment was only related to the flood study and flood planning controls. Given that the same page clearly listed all 23 changes proposed in the amendment, it is considered that the exhibition has been appropriately represented and website visitors would have formed a correct impression of the range of matters included in the amendment. Additionally property owners affected by specific matters in the amendment were directly notified by post.

Airport Obstacle Limitation Surface map

As noted, while there were no submissions on the Obstacle Limitation Surface (OLS) changes there were several enquiries seeking clarification. Each enquiry was advised that the OLS mapping does not serve to prohibit any particular form of development. Rather the OLS creates a de-facto height limit as structures get closer to the airport as well as providing additional matters for consideration. In practice the OLS serves to ensure that the airport manager is advised of proposals with any potential to impact upon the airport and to have proposals referred to CASA (where applicable). The OLS mapping changes would not alter or restrict the current usage of land around the airport.

Attachments

1 Planning Proposal - Amendment 24, D19/67541 ⇩

2 Draft DCP Chapter for Flood Affected Land, D19/61737 ⇩

3 Submissions - Orange Floodplain Risk Management Study (Redacted), D19/68192 ⇩

Council Meeting 19 November 2019

Attachment 2 Draft DCP Chapter for Flood Affected Land

4A.1 INTRODUCTION

This chapter of the Development Control Plan (DCP) was prepared to provide specific development controls to guide development of flood affected land within Orange.

The DCP incorporates the findings of the Blackmans Swamp and Ploughmans Creek Flood Study and the procedures set out in the NSW Floodplain Management Manual, 2005.

4A.1.1 What does the plan do?

The plan provides information and guidelines to assist people considering the development or use of land affected by potential flooding within Orange. Development may include, among other things:

· Building construction;

· Alterations and additions to existing developments;

· Filling land; earthworks including but not limited to: filling, excavation, trenching , swale drains,

· landscape such as; garden edging, planting of trees and shrubs, construction of pathways and other hard surface areas, construction of fences

· establishing a business;

· subdividing land;

· minor development such as Carports and Garages; and

· permit merit based assessment of development upon an allotment where it can be demonstrated that the development site is above the 1% AEP (100 year ARI).

4A.1.2 Objectives

This chapter of the DCP aims to:

a) To minimise the potential impact of development and other activity upon the aesthetic, recreational and ecological value of the waterway corridors.

c) Inform the community of Council’s policy for the use and development of flood prone land.

d) Reduce the risk to human life and damage to property caused by flooding through controlling development on land affected by potential floods.

e) Provide detailed controls for the assessment of applications lodged in accordance with the Environmental Planning and Assessment Act 1979 on land affected by potential floods.

g) Apply a “merit-based approach” to all development decisions which takes account of social, economic and ecological as well as flooding considerations.

j) To provide controls for the assessment of applications on land affected by potential floods in accordance with the provisions of Orange LEP 2011 (as amended).

4A.1.3 Will the plan affect my property?

The DCP applies to all development permissible with the consent of Council on land in Orange that is shown in Annexure 1.0.

4A.2.0 HOW TO USE THIS PLAN

Step 2 Using Annexure 2 identify the most relevant land use category for your proposed development or works.

Step 4 Using the Flood Response Levels from step 3 consult the Flood Response Controls in Annexure 3 and incorporate the requirements into your design.

Step 5 Where flood compatible materials are required by a Flood Response Control consult Annexure 4 for guidance.

4A.3.0 WHAT ARE THE CRITERIA FOR DETERMINING APPLICATIONS?

4A.3.1 General

4A.3.2 Land use categories

4A.3.3 What controls apply to proposed residential developments?

· Floodway – Shown in red on the Interim Flood Planning Areas and Levels Main Stream Flooding and Overland Flow affected Areas Maps shown in Annexure 1

· Overland Flow – Shown in blue on the Interim Flood Planning Areas and Levels Main Stream Flooding and Overland Flow affected Areas Maps shown in Annexure 1

· Annexure 3 outlines the flood response levels and controls relevant to the area to which this Policy applies for each of the above categories.

4A.3.4 What if my allotment is partially in the Floodway or Overland Flow?

Any proposed development on that land shall be subject to a merit based assessment with respect to the proposed development’s location and impact on flood affectation.

4A.3.5 Fencing

Any proposed fencing is to be shown on the plans accompanying a development application and the likely effect of such fencing on flood behaviour is to be assessed by a suitably qualified engineer.

All fencing panels (including Colorbond, galvanised, timber, wire and brush) to be either:

a) removable so that panels can be laid flat; or

b) horizontally hinged where a portion of at least 1.2m high is capable of:

I. Swinging open to allow floodwater to pass.

II. Raised as to allow floodwaters to flow beneath

Fencing may be required to comply with a type and siting criteria as prescribed by Council.

4A.3.6 Other Uses and works

4A.3.7 Other documents which may need to be read in conjunction with this plan:

· Orange Local Environmental Plan 2011;

· Relevant Council policies, development control plans and specifications;

· Blackmans Swamp and Ploughman’s Creek Flood Study;

· NSW Government Floodplain Management Manual;

· Environmental Protection Authority Guidelines on Sediment and Erosion Control;

· Environmental Protection Authority Guidelines on on-site effluent disposal.

4A.3.8 What Information Do You Have to Submit to Council?

In order to obtain the approval of Council you must lodge a Development Application in accordance with the Environmental Planning and Assessment Act 1979.

The application must be accompanied by:

· A site plan showing the location of proposed works or structures,

· Contour lines of the site to enable assessment of likely flood behaviour

· Materials proposed to be used in the development,

· Proposed finished floor levels,

· The location and proposed height of all electrical and critical utilities.

4A.4.0 DESCRIPTION OF TERMS

Definitions of terms used in the DCP are provided as follows:

Term	Description
Australia Height Datum (AHD)	A common National plain of level corresponding approximately to mean sea level.
Design floor level	The floor level specified in this policy which applies to the relevant land use type and the location and existing ground level of the site.
Designated flood	The flood adopted for planning purposes relative to the sensitivity of different land uses and the flood risk, as specified by Annexure 1.0.
Designated flood level	Represents the maximum level of water reached measured as a height above Australian Height datum during a designated flood.
Flood awareness	An appreciation of the likely effects of flooding and knowledge of the relevant flood warning and evacuation procedures.
Flood compatible building components	A combination of measures incorporated in the design and/or construction and alteration of individual buildings or structures subject to flooding, and the use of flood compatible materials for the reduction or elimination of flood damage as indicated in the Floodplain Development Manual
Flood compatible materials	Those materials used in building which are resistant to damage when inundated. A list of flood compatible materials is attached in Annexure 4.0.
Flood evacuation strategy	The proposed strategy for the evacuation of areas during periods of flood as specified within any policy of Council, the Floodplain Risk Management Plan, by advice from the NSW State Emergency Service (SES) or as determined in the assessment of individual proposals.
Flood liable land	The area of land which is subject to inundation by floods up to and including the 1% AEP.
Flood planning level	A level as defined in a flood management study for the purposes of setting flood related control applicable to a particular use of the land.
Flood Planning Area	The area shown in red on the Flood Planning Maps within Annexure 1.
Floodplain	An area of land that is subject to inundation by the probable maximum flood or an extreme flood event.
Floodway	An area of land as defined in a flood study which constitutes the main flood path of floodwaters and in which flood hazard conditions occur, as distinctly identified and shown in red on Interim Flood Planning Areas.
Flood hazard	The potential risk to life and potential damage caused by flooding.
Flood prone land	land susceptible to inundation by the maximum flood PMF or an appropriate extreme flood event.
Freeboard	A factor of safety usually expressed as a height above the designated flood. Freeboard tends to compensate for factors such as wave action, localised hydraulic effects and the like.
Habitable floor area	Refers to a room (other than a Garage, Shed, bathroom, laundry, W.C. or the like) that is constructed or adapted for domestic living such as a lounge room, dining room, rumpus room, kitchen, bedroom.
Overland Flow	An area of land as defined in a flood study which constitutes secondary flow path of floodwaters and in which flood hazard conditions occur, as distinctly identified and shown in blue on Interim Flood Planning Areas and Levels Maps within Annexure 1.
Reliable access during a flood	The ability for people to safely evacuate an area subject to imminent flooding within effective warning time and without a need to travel through areas where water depths increase.
Interim Designated Flood Event	Flood event based on historical information which allows the provisions of an Environmental Planning instrument to be implemented until such time as a floodplain risk management plan has been adopted for an area, the Interim Designated Flood Event determines the extent of flood liable land in the interim period.
Probable maximum flood (PMF)	The largest flood that could conceivably occur at a particular location.

Design Element	Flood Response Level	FLOOD RESPONSE CONTROLS
Floor Level	1	Habitable floor levels to be equal to or greater than the 1% AEP Flood level plus 0.5m freeboard
	2	Habitable floor levels to be equal to or greater than the 1% AEP Flood level plus 0.3m freeboard
	3	Floor levels to be as close to the 1% AEP Flood level as practical & no lower than any existing floor level.
Building Components & Method	1	All structures to have flood compatible building and components below the 1% AEP Flood level
Structural Soundness	1	Engineers report to certify that any structure can withstand the forces of floodwater, debris & buoyancy up to and including the 1% AEP Flood level
	2	Applicant to demonstrate that any structure can withstand the forces of floodwater, debris & buoyancy up to and including the 1% AEP Flood level
	3	Geotechnical Engineers report required to specify appropriate filling/earthworks & the means of protecting batters against scouring/erosion
Evacuation	1	The development is to be consistent with any relevant flood evacuation strategy.
Flood Affectation	1	Engineers report required to certify that the development will not increase flood affection elsewhere
	2	Development shall not block the conveyance of flood waters across the floodway or Overland flow.
	3	Filling of land up to 0.5m above 1% AEP Flood level permitted provided this does not result in any significant effect on the conveyance of flood waters.
	4	Filling of a maximum of a 1/3 of allotment up to 0.3m above the 1% AEP Flood level permitted provided this does not result in any significant effect on the conveyance of flood waters or flood levels
	5	Filling of a maximum of a 1/4 of allotment up to 0.5m above the 1% AEP Flood level permitted provided this does not result in any significant effect on the conveyance of flood waters.
	6	No filling
Management and Design	1	Applicant to demonstrate that area is available to store goods above the 1% AEP Flood level plus 0.5m freeboard
	2	No external storage of materials below the design floor level which may cause pollution or be potentially hazardous during any flood
	3	Applicant to demonstrate the at the time of Development Application lodgement that the potential development complies with this DCP as a consequence of a subdivision proposal and any potential dwelling construction can be undertaken in accordance with this Plan.

Building Component	Floor Compatible Material
Flooring and Sub-floor Structure	ü concrete slab-on-ground monolith construction ü suspension reinforced concrete slab.	ü T&G flooring and timber joists (for minor extensions)
Floor Covering	ü clay tiles ü concrete, precast or in situ ü concrete tiles ü epoxy, formed-in-place ü mastic flooring, formed-in-place	ü rubber sheets or tiles with chemical-set adhesives ü silicon floors formed-in-place ü vinyl sheets or tiles with chemical-set adhesive ü ceramic tiles, fixed with mortar or chemical-set adhesive ü asphalt tiles, fixed with water resistant adhesive
Wall Structure	ü solid brickwork, blockwork, reinforced, concrete or mass concretes	ü Gal metal and timber frame (for minor extensions)
Roofing Structure (for situations where the relevant flood level is above the ceiling)	ü reinforced concrete construction ü galvanised metal construction
Doors	ü solid panel with water proof adhesives ü flush door with marine ply filled with closed cell foam	ü painted metal construction ü aluminium or galvanised steel frame
Wall And Ceiling Linings	ü fibro-cement board ü brick, face or glazed ü clay tile glazed in waterproof mortar ü concrete ü concrete block	ü steel with waterproof applications ü stone, natural solid or veneer, waterproof grout ü glass blocks ü glass ü plastic sheeting or wall with waterproof adhesive
Insulation Windows	ü foam (closed cell types) ü aluminium frame with stainless steel rollers or similar corrosion and water resistant material	ü Gal metal and timber windows (for minor extensions)
Nails, Bolts, Hinges and Fittings	ü Brass, nylon or stainless steel ü Removable pin hinges	ü Hot dipped galvanised steel wire nails or similar

Design Element	Flood Response Level	FLOOD RESPONSE CONTROLS
Floor Level	1	Habitable floor levels to be equal to or greater than the 1% AEP Flood level plus 0.5m freeboard
	2	Habitable floor levels to be equal to or greater than the 1% AEP Flood level plus 0.3m freeboard
	3	Floor levels to be as close to the 1% AEP Flood level as practical & no lower than any existing floor level.
Building Components & Method	1	All structures to have flood compatible building and components below the 1% AEP Flood level
Structural Soundness	1	Engineers report to certify that any structure can withstand the forces of floodwater, debris & buoyancy up to and including the 1% AEP Flood level
	2	Applicant to demonstrate that any structure can withstand the forces of floodwater, debris & buoyancy up to and including the 1% AEP Flood level
	3	Geotechnical Engineers report required to specify appropriate filling/earthworks & the means of protecting batters against scouring/erosion
Evacuation	1	The development is to be consistent with any relevant flood evacuation strategy.
Flood Affectation	1	Engineers report required to certify that the development will not increase flood affection elsewhere
	2	Development shall not block the conveyance of flood waters across the floodway or Overland flow.
	3	Filling of land up to 0.5m above 1% AEP Flood level permitted provided this does not result in any significant effect on the conveyance of flood waters.
	4	Filling of a maximum of a 1/3 of allotment up to 0.3m above the 1% AEP Flood level permitted provided this does not result in any significant effect on the conveyance of flood waters or flood levels
	5	Filling of a maximum of a 1/4 of allotment up to 0.5m above the 1% AEP Flood level permitted provided this does not result in any significant effect on the conveyance of flood waters.
	6	No filling
Management and Design	1	Applicant to demonstrate that area is available to store goods above the 1% AEP Flood level plus 0.5m freeboard
	2	No external storage of materials below the design floor level which may cause pollution or be potentially hazardous during any flood
	3	Applicant to demonstrate the at the time of Development Application lodgement that the potential development complies with this DCP as a consequence of a subdivision proposal and any potential dwelling construction can be undertaken in accordance with this Plan.

Building Component	Floor Compatible Material
Flooring and Sub-floor Structure	ü concrete slab-on-ground monolith construction ü suspension reinforced concrete slab.	ü T&G flooring and timber joists (for minor extensions)
Floor Covering	ü clay tiles ü concrete, precast or in situ ü concrete tiles ü epoxy, formed-in-place ü mastic flooring, formed-in-place	ü rubber sheets or tiles with chemical-set adhesives ü silicon floors formed-in-place ü vinyl sheets or tiles with chemical-set adhesive ü ceramic tiles, fixed with mortar or chemical-set adhesive ü asphalt tiles, fixed with water resistant adhesive
Wall Structure	ü solid brickwork, blockwork, reinforced, concrete or mass concretes	ü Gal metal and timber frame (for minor extensions)
Roofing Structure (for situations where the relevant flood level is above the ceiling)	ü reinforced concrete construction ü galvanised metal construction
Doors	ü solid panel with water proof adhesives ü flush door with marine ply filled with closed cell foam	ü painted metal construction ü aluminium or galvanised steel frame
Wall And Ceiling Linings	ü fibro-cement board ü brick, face or glazed ü clay tile glazed in waterproof mortar ü concrete ü concrete block	ü steel with waterproof applications ü stone, natural solid or veneer, waterproof grout ü glass blocks ü glass ü plastic sheeting or wall with waterproof adhesive
Insulation Windows	ü foam (closed cell types) ü aluminium frame with stainless steel rollers or similar corrosion and water resistant material	ü Gal metal and timber windows (for minor extensions)
Nails, Bolts, Hinges and Fittings	ü Brass, nylon or stainless steel ü Removable pin hinges	ü Hot dipped galvanised steel wire nails or similar

Ref	Amendment
GM026	To respond to applications for Liquor Licences for functions to the Licencing Court of NSW
GM027	Addition of: n) Approval of Council Logo use o) Funding agreements
GM084	To determine development application, complying development certificates, designated development and construction certificates: · To the value of $1.5million and that comply with Council’s adopted planning controls · Regionally significant applications where there have been no objections received and the assessment report recommends approval · Designated development applications with the Capital Investment Value (CIV) of $5million or less · Applications for modification to a DA previously determined by Council or the Planning & Development Committee, where not considered a significant modification · Excluding where Council has an interest · Excluding applications where staff are recommending refusal · Excluding applications with a ‘significant public interest’.
GM085	Inclusion: as referred to in GM004 To exercise the powers and functions of an authorised officer under the Dams Safety Act 1978 and the Dams Safety Act 2015 conferred by legislation contained within GM004
GM086	Inclusion: as referred to in GM004 To exercise the powers and functions of an authorised officer under the Fluoridation of Public Water Supplies Act 1957, Fluoridation of Public Water Supplies Regulation 2017 and the NSW Code of Practice for Fluoridation of Public Water Supplies conferred by legislation contained within GM004

Reference	Update
General	Inclusion of reference to Level 5 water restrictions and inclusion of requirements of the Public Health Act 2010 for Water Carter’s requirements.