Ordinary Council Meeting

 

Agenda

 

7 April 2020

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that an Ordinary meeting of ORANGE CITY COUNCIL will be held via the video conferencing platform Zoom on Tuesday, 7 April 2020 commencing at 7.00pm.

 

 

David Waddell

Chief Executive Officer

 

For apologies please contact Administration on 6393 8218.

  

 


Council Meeting                                                                                                 7 April 2020

Agenda

  

1                Introduction.. 3

1.1            Apologies and Leave of Absence. 3

1.2            Recording of meeting. 3

1.3            Acknowledgement of Country. 3

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

2                Mayoral Minutes. 5

2.1            Mayoral Minute - Late Mr Joe Leone. 5

2.2            Mayoral Minute - Mayoral Centroc and CNSW Joint Organisation Board Report 7

2.3            Mayoral Minute - Insurance for Voluntary Organisations. 21

2.4            Mayoral Minute - Moulder Park Netball Courts. 23

3                Confirmation of Minutes of Previous Meeting.. 27

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 17 March 2020  28

4                Notices of Motion/Notices of Rescission.. 41

Nil

5                General Reports. 43

5.1            Council Response to Covid-19. 43

5.2            Current Works. 45

5.3            Requests for Financial Assistance - Quarter 4 of 2019/2020 - Small Donations Program   59

5.4            Development Application DA 332/2018(1) - 345 Clergate Road, Orange. 77

5.5            Blayney Cabonne Orange (BCO) Sub-Regional Rural and Industrial Land Strategy  143

6                Closed Meeting - See Closed Agenda.. 229

6.1            Lease Hangar T Orange Airport 231

6.2            NetWaste Tender For Collection And Recycling Of Waste Tyres. 233

6.3            Regional Express Request for Reduction in Landing Fees. 235

6.4            Fly Corporate - Request for Assistance. 237

7                Resolutions from closed meeting.. 238

 


Council Meeting                                                                                                 7 April 2020

1       Introduction

1.1     Apologies and Leave of Absence

1.2     RECORDING of council meeting

 

Due to Covid-19, all Ordinary Council Meetings will take place via the video conferencing platform, Zoom. Therefore, this Council Meeting will only be recorded and will be published to the Council website the day after the meeting.

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

We appreciate your patience and understanding while we adapt to this new way of servicing our community.  

1.3     Acknowledgement of Country

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

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

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

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

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

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

Recommendation

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

 

 


Council Meeting                                                                                                 7 April 2020

2       Mayoral Minutes

2.1     Mayoral Minute - Late Mr Joe Leone

RECORD NUMBER:       2020/555

 

 

Mayoral Minute

 

Mr Joe Leone passed suddenly on 14 March 2020 aged 72.

 

For many years, Joe has looked after the local apple and pear orchards of Ballykeane, St Albans, Merlewood and Mount Lofty providing both the local and Sydney regions with wholesale fruits.

 

Joe has donated bulk bins of apples to Australia Day functions for many years as well as to various schools, promoting healthy eating programs.

 

His wife, Maureen, was a Maroney and sister of Orange’s Jack Maroney who played cricket for Australia.

 

I would ask everyone to observe a minutes silence in tribute to Joe and his contribution to the Orange community.

 

 

 

Recommendation

That the information contained in this Mayoral Minute be acknowledged.

 

 

 

Reg Kidd
Mayor

 

 

  


Council Meeting                                                                                                 7 April 2020

2.2     Mayoral Minute - Mayoral Centroc and CNSW Joint ORganisation Board Report

RECORD NUMBER:       2020/502

 

 

Mayoral Minute

I attended the Board meetings of Centroc and the Central NSW Joint Organisation (JO) on Thursday 27 February 2020 at the Community Hub Centre in Grenfell. This Mayoral Minute provides a summary of that meeting and attaches minutes for your information.

 

 

Recommendation

That the Mayoral Report from the Board meetings for Centroc and the Central NSW Joint Organisation Meeting held 27 February 2020 in Grenfell be noted; and

1        Council receive a report on its Sister City relationships with a view to fostering closer links to communities in western Sydney; and

2        Council provide advice to the JO on its position with regard to climate change and advice on programming being undertaken with a view to this being showcased.

 

 

 

Cr Reg Kidd
Mayor

SUPPORTING INFORMATION

Reports from Centroc

In line with direction from the Auditor, windup is anticipated by June 30, 2020 and a report for Forbes Council will be drafted in due course.

Reports from the CNSW Joint Organisation

Chairman’s Minute

The Minute provided direction to the CNSWJO on activities and priorities for the year in the context of the broader JO Statement of Strategic Priorities. After good discussion, it was resolved that the overall focus for the year’s effort is to align with the Federal Government’s vision for an agricultural economy of $100bn by 2030. This would be supported by activity in two areas.

i.    Watering the West

a.   leveraging raising the wall at Wyangala; and

b.   assuring urban water security in region; and

ii.   Freight links.


 

This region has four priorities in its Statement of Strategic Priorities. It was further suggested that there be a maximum of two headline priorities for the areas of Intergovernmental Cooperation and Regional Prosperity. The Board agreed to focus on the following activities within its Plan.

Intergovernmental Collaboration

1    Reporting value to members through the operational support program.

2    Supporting the sustainability of the broader JO network.

Regional Prosperity

1    Progressing support for the visitor economy.

2    Developing and monitoring the progress of the Regional Prosperity Subcommittee noting the agricultural focus.

The Minute also provided advice on the structure of Board meetings for the balance of the year.

·    Moving the Federal meeting to August and changing the format to include a round table in the Deputy Prime Minister’s office seeking to progress the above. The idea here is to have a more in-depth discussion to progress the region’s direction with a view to various Ministers making commitments and announcements at the Ministerial session on the following day. Pre-meetings and briefings will hopefully lead to more targeted outcomes.

·    Launching the Food and Fibre Strategy at the mid-year Board meeting in Parliament House at a lunch being hosted by the member for Cootamundra, Steph Cooke MP, where we showcase local produce.

·    A Summit held on the date of the last Board meeting of the year. This will launch the next round of strategic consultation as the current plan is only until 2020. The Summit would again retain the agricultural focus.

Given the challenges over the summer period of drought, fire and flood, the Board is seeking feedback from members on their policy with regard to climate change with a view to informing regional policy. Board discussion was that there is a great deal of positive action being taken in region and this should be showcased. Please see the recommendation at the end of the report.

Procurement and Administration

The Board approved

•    a 12-month extension of the coldmix asphalt contract (S3_2018) with Boral Asphalt and Civil Independence until 31 May 2021;

•    a 12-month extension of the compliance training contract (WHS1_2015) with Allens Training, ATAC, Mines Rescue and TAFE until 31 March 2021;

•    a 6-month extension of the Asset Management Maturity Audit contract with University of Technology, Sydney; and

•    a procurement process for the revaluation of water and sewer assets, including a 5% contract management fee payable to CNSWJO.

The new Logo was adopted and all collateral will be updated accordingly.

 

Energy Program

The Board were updated on the progress of the Southern Lights LED Streetlight rollouts in Bathurst and Orange.

Sourced Energy has calculated the cost savings that councils have achieved through the procurement process and the associated contracts with Energy Australia (large market sites) and Origin Energy (small market sites). The cost savings are calculated by multiplying the existing incumbent rates by the 3 years of forecast load, compared to the new contract rates multiplied by the 3 years of forecast load.

Please note that the savings are based on forecast loads provided by councils, inclusive of energy efficiency upgrades (e.g. Southern Lights) and the installation of planned solar installations. The reduction in load from the Southern Lights Project is based on the existing Bulk Lamp Replacement schedule provided by Essential Energy, current at November 2019.

The network charges for 2020, 2021 and 2022 have been used to calculate both the ‘total cost (using contracted rates)’ and the 'total cost (using incumbent rates)', i.e. no savings shown for network charges. These rates are pass-through rates and cannot be negotiated through the procurement process.

The estimated cost savings are shown in the tables below.

 

 

Report on JO Chairs Forum progress including feedback to the Minister on JO sustainability

The Board endorsed the advice provided to the Minister for Local Government’s Advisory Committee with regard to sustainability of the broader network. The Board’s policy position is that the focus of effort for JO sustainability be working, through the Minister’s Office, with State agencies on a funding framework that offers value to both JO members and the State where the value to the State is recognised by remuneration.

While this JO is under less financial stress than others, the reduction in members from the ROC and the increased compliance burden will result in an ongoing deficit budget position unless more income can be identified.

 

Regional Transport

Please request the full report where it provided advice on:

1      The GWH Upgrade Program Response;

2      The revised Transport Advocacy Plan;

Progress on Board resolve regarding freight route mapping;

3      Update on the TfNSW Central NSW and Orana Land Use and Transport Plan;

4      The updated Terms of Reference for the Regional Strategic Transport Group to reflect machinery of government and other minor changes;

5      The Roads of Strategic Importance consultation;

6      The CNSWJO response to the Road Classification Review Terms of Reference; and

7      The request from Vital Intermodal Transport Links (VITL) vital.org.au regarding support for both a petition and a social media campaign in support of a safe swift link between Sydney and Central NSW.

The Board were asked to provide feedback on the Central West and Orana Future Transport Regional Plan and comment on the suggested feedback already drafted.

The Board endorsed a submission on the Lithgow to Katoomba Corridor.

A response to the independent panel for the Regional Road Transfer and NSW Road Classification Review Terms of Reference was endorsed and the region has asked the Review Committee to meet with the JO.

The Terms of Reference for the Regional Strategic Transport Group who meet quarterly was endorsed.

 

Regional Water

It was resolved to seek advice from DPIE Water on project status, particularly where the barriers are in delivering Council water projects.

The Board will develop advocacy material identifying the problems and solutions in assuring urban water supply during the unprecedented drought.

Representation will be made to the Premier, Deputy Premier, Minister for Water and respective agencies providing advice on the challenges and solutions for this region in securing water.

Further, Infrastructure Australia will be invited to the next meeting to provide advice on opportunities for this region identified in its recent Priority List 2020.

 


 

Reporting on progress of the Strategic Plan

Advice was provided on progress on the four priorities in the Strategic Plan. Notably:

·    The Minister for Local Government announced further funding for JOs in August 2019, we received advice in February that we will be granted $150k in funding. An agreement with the Office of Local Government (OLG) is anticipated in the near future.

·    An Equal Opportunity Management Plan was adopted by the Board.

·    Approval was given to the Alliance between Safe NSW and the JO WHS working group for 2020-2022.

Value for members

At the Chair’s request, the following summary advice is provided on value to members.

 

Value for members

Activity FYTD

Activity this Quarter

Submissions

11

041119 - Inquiry into Regional Australia

221119 - Request for issues for the NSW State Water Strategy

221119 - Response to the Discussion Paper Kickstarting the Productivity Conversation

281119 - Inquiry into growing Australian agriculture to $100 billion by 2030

291119 - Inquiry into the impacts of drought on regional NSW

161219 - Submission Katoomba to Lithgow - GWH upgrade program

181219 - Submission, A New Risk Management and Internal Audit Framework for Local Councils in NSW

Plans, strategies and collateral

20

Three Advocacy Plans adopted at the Nov Board and have been provided to LGNSW. (Regional Prosperity and Advocacy Plan; Regional Transport Advocacy Policy; and Regional Water, Advocacy Plan and Drought Advocacy Plan)

Three JO building capacity applications lodged with OLG for project funding

Grants

3

This quarter is $2112 where the YTD total for this program is $16,706 including training delivered under funding by TAFE NSW to Parkes Shire Council in the October – December 2019 quarter.

Application to OEH for funding for the Southern Lights Project – Funding has been received for high residual, the exact amount will be reported once known.

$150K being negotiated for the JO with OLG.

Compliance

10

Compliance training courses delivered across the region:

·      Traffic Control Training (PWZTMP x 1-day refresher) – 8 participants

·      Consultative Committee x 2 courses – 25 participants in total

·      Confined Spaces – 11 participants

·      Chain Saw Operations – 12 participants

Mandatory Independent Audits of DPIE Water Performance Monitoring Data completed for Orange and Bathurst and reports provided.

Dam Surveillance inspections completed for dams owned by Parkes, Cowra, Weddin, Cabonne, Hilltops, Orange, CTW and Bathurst.

Data

4

Tourism data project through WRI

DPIE Water Performance Monitoring Data currently being collated for benchmarking the region’s LWUs.

Please note CWRDA data using REMPLAN now available through their website.

REDS data packs being reviewed by the Regional Prosperity Subcommittee.

Media including social media

8

 

please request the full Excel Spreadsheet on tourism publications

 

041019 - Getting smart about street lighting

251019 - Water NSW Media Release, Wyangala storage volume offers drought options in Lachlan

301019-  Less blame and more whole of Government work on solutions

151119 - Tourism Awards, Nothing but Gold!

151119 - Host Survey Visitors who come to stay contribute to the local economy

Tourism PR update

The following PR update has been provided by Ms Brewer as at November 2020; PR updates for 2020 have not yet been provided:

·      Incredibly busy and successful media visits program with 17 media touring the region on 2-7 day famils. Supported by local tourism industry, and a few times by Destination NSW, each journalist ‘unearthing’ the region’s unique cultural attractions within their stories.

·      Wrote and issued 9 media releases with a news or thematic angle, distributed to 400+ media and industry contacts

·      Over 150 articles in digital news and travel media, newspapers, magazines, radio, TV and blogs

·      Featured events, accommodation, retail, art and culture, food and wine, history and heritage, nature, tours and attractions

·      Targeted couples and family market in Sydney and NSW

·      Articles driving people to the website www.visitcentralnsw.com.au

Social Media

·      Central NSW Joint Organisation Facebook Page – 303 likes; 400 Followers

·      Central NSW Tourism Facebook Page – 12,575 likes 12,980; Followers

·      Screen Central Facebook Page – 304 likes; 349 Followers

·      Central NSW Tourism Instagram Page – 4,486 Followers

·      Central NSW JO Twitter – 927 Followers

Cost Savings

$821k

since 1 July 2019

A breakdown of the cost savings is found later in this report.

No new contracts commenced between October and December 2019.

Representation

65

241019 - Lachlan Regional Water Strategy Meeting

61119 - Tourism Group Meeting

71119 - WaterNSW Lake Rowlands to Carcoar Pipeline Briefing

81119 - Critical Water Advisory Panel meeting

151119 - Upper Macquarie Regional Water Strategy Meeting

261119 - Centroc and CNSWJO Board meetings

261119 - Lachlan Valley Councils – Water Executive Group meeting

271119 - Round table discussions with various Federal politicians at Parliament House

21219 - Transport Technical Meeting

31219 - WHS Group Meeting

41219 - Critical Water Advisory Panel Meeting

91219 - Strategic Transport Meeting

91219 - Lachlan Regional Water Strategy Meeting

101219 - HR Group meeting

101219 - Regional Integrated Transport Group

111219 - WSAA Workshop - Recycled Water

121219 - CWUA meeting

131219 - Southern Lights -Essential Energy meeting

191219 - Meeting with Lachlan Valley Water on Regional Water Strategy

150120 - 6 JOs collaborating on better outcomes from the Safe and Secure Water Program

160120 - DPIE and Orana - optimizing outcomes through the Safe and Secure Water Program and Drought funding

300120 - GMAC

310120 - Lachlan Water Strategy follow up meeting

060220 - CW and Orana Regional Leadership Executive Meeting

070220 - Regional Prosperity Subcommittee Meeting

070220 - Public Hearing for Inquiry into for Agriculture Committee's $100 Billion by 2030

110220 - Essential Energy Level of Service meeting in Bathurst

120220 - SAP Skills working group meeting in Parkes

130220 - Strategic Approach to Bridges with TfNSW, Public Works Advisory and other JOs - Bathurst

140220 - Upper Macquarie Water Strategy follow up meeting

190220 - Government’s Roads of Strategic Importance (ROSI) initiative consultation - Parkes 

200220 - CWUA meeting in Cowra– NSW Audit Office in attendance 

Opportunities councils have been afforded

23

 

·      Feedback to the Internal Audit Framework for Local Councils in NSW

·      DPE Freight mapping

·      WRI Data Program

·      Australian Traveller Promotional Campaign

·      Consultations with individual councils for regional water strategies in the Lachlan and Macquarie as well as specific projects such as raising Wyangala and the Windamere to Carcoar pipeline

·      Review of Central West and Orana Future Transport Regional Plan

·      Workshop on Recycled Water for Drinking

·      Government’s Roads of Strategic Importance (ROSI) initiative consultation

·      Feedback to Audit Office on the Audits being undertaken in the water space.

 


 

Savings 

The following table shows the savings achieved by member councils through aggregated procurement and programming. An explanation of the meaning of each column has been reported previously and is available on request. The table reflects savings in the current financial year.

 

 

The cost to members is calculated on a percentage of each CNSWJO staff member and their corresponding workload on procurement and contract management. This figure will be updated quarterly in line with the cost savings.

 

Financial report

It is anticipated a full year loss of $60,601 at 30 June 2020 against a budgeted loss of $52,128.

The increase in the anticipated loss against the budget is due to the reduction in expected interest income and the lesser LGP rebate income.

As resolved at the Board meeting 27 November 2019, the Centroc reserves of $527,387 have been transferred across to the Joint Organisation. The remaining Centroc assets and accumulated surplus at 30 June 2019 will be transferred across to the Joint Organisation as further winding up of Centroc occurs.

 

 

Attachments

1          Centroc Board Meeting - 27 February 2020 - Minutes, D20/14757

2          Central NSW Joint Organisation Meeting - 27 February 2020 - Minutes, D20/14759

 


Council Meeting                                                                                                7 April 2020

Attachment 1      Centroc Board Meeting - 27 February 2020 - Minutes

Minutes of the Centroc Board meeting 27 February 2020 held at Grenfell

 

 

Board Delegates in bold

Cr B Bourke

Bathurst Regional Council

Cr K Sajowitz

Oberon Council

Mr A Cattermole (Acting)

Bathurst Regional Council

Mr G Wallace

Oberon Council

Cr A Ewin

Blayney Shire Council

Cr R Kidd

Orange City Council

Ms R Ryan

Blayney Shire Council

Cr K Keith

Parkes Shire Council

Cr K Beatty

Cabonne Council

Cr M Liebich

Weddin Shire Council

Cr D Somervaille

Central Tablelands Water

Cr C Brown

Weddin Shire Council

Cr D Somervaille

Central Tablelands Water

Mr G Carroll

Weddin Shire Council

Cr B West

Cowra Council

Mr P Evans

OLG

Ms K Alberry

Cowra Council

Mr S Harma

RDACW

Cr P Miller

Forbes Shire Council

Mr A Albury

DPC

Mr S Loane

Forbes Shire Council

Ms J Bennett

Centroc

Cr J Medcalf

Lachlan Shire Council

Ms K Barker

Centroc

Chaired by Cr John Medcalf the meeting opened at 12.11pm

1.    Apologies

Cr S Ferguson, Mr D Sherley, Mr P Devery, Mr G Tory, Mr D Waddell, Mr K Boyd, Ms C Weston, Mr G Rhodes and Mr B Byrnes

 

Resolved                                                                                                                                         Cr B West/Cr R Kidd

That the apologies for the Centroc Board meeting 27 February 2020 listed above be accepted.

 

2.    Minutes

2a        Confirmation of the Minutes of the Board Meeting 27 November 2019 at Canberra 

Resolved                                                                                                                                         Cr B West/Cr K Keith

That the Minutes of the Centroc Board Meeting 27 November 2019 held at Canberra be confirmed.

 

3          Wind up of Centroc

Resolved                                                                                                                               Mr S Loane/Mr G Wallace

That the Central NSW Councils (Centroc) Board note the report regarding the windup of Centroc as a Section 355 Committee of Forbes Shire Council.

 

4          Financial report

Resolved                                                                                                                                        Cr R Kidd /Cr B West

That the Board note the Financial report

 

The General Meeting of the Centroc Board closed at 12.17pm

 

Page 1 is the last page of the Centroc Board Minutes 27 February 2020

 


Council Meeting                                                                                                7 April 2020

Attachment 2      Central NSW Joint Organization Meeting - 27 February 2020 - Minutes

Minutes of the Central NSW Joint Organisation meeting 27 February 2020 held in Grenfell

 

Cr B Bourke

Bathurst Regional Council

Cr J Medcalf

Lachlan Shire Council

Cr A Ewin

Blayney Shire Council

Cr K Sajowitz 

Oberon Council

Cr K Beatty

Cabonne Council

Cr R Kidd

Orange City Council

Cr B West

Cowra Shire Council

Cr K Keith

Parkes Shire Council

Cr P Miller

Forbes Shire Council

Cr M Liebich

Weddin Shire Council

Attendees, voting members in bold.

Mr A Cattermole

Bathurst Regional Council

Cr D Somervaille

Central Tablelands Water

Ms R Ryan

Blayney Shire Council

Cr C Brown

Weddin Shire Council

Mr B Byrnes

Cabonne Council

Mr P Evans

OLG

Ms K Alberry

Cowra Shire Council

Mr S Harma

RDA CW

Mr S Loane

Forbes Shire Council

Mr A Albury

DPC

Mr G Wallace

Oberon Council

Ms J Bennett

Central NSW JO

Mr G Carroll

Weddin Shire Council

Ms K Barker

Central NSW JO

Mr G Rhodes

Central Tablelands Water

 

 

1.            Opening meeting 10.05am

2.            Acknowledgement to Country by Chair

3.            Welcome to Weddin – By Cr Liebich.

4.            Apologies applications for a leave of absence by Joint Voting representatives

Cr S Ferguson, Mr D Sherley, Mr P Devery, Mr G Tory, Mr K Boyd, Mr D Waddell, Ms C Weston.

Resolved                                                                                                                                   Cr R Kidd/Cr B West

That the apologies for the Central NSW Joint Organisation Board meeting 27 February 2020 listed above be accepted.

 

5.            Confirmation of the Minutes of the Central NSW Joint Organisation meeting 27 November 2019 in Canberra 

Resolved                                                                                                                                    Cr R Kidd/Cr K Keith

That the Central NSW Joint Organisation Board confirm the Minutes of the meeting 27 November 2019 held in Canberra.

 

6.            Business Arising from the Minutes – Matters in Progress

Resolved                                                                                                                                 Cr R Kidd/Cr B Bourke

That the Central NSW Joint Organisation Board note the Matters in Progress, making deletions as suggested.

 

10.22am - Cr P Miller and Mr S Loane arrived

 


 

7.            Chairman’s Minute

Resolved                                                                                                                           Cr M Liebich/Cr B Bourke

That the Board adopt the Chairperson’s Minute on the advocacy approach for 2020 and

1.    Adopt the over focus for the years to align with the Federal vision to grow the agricultural sector to $100bn by 2030;

2.    Note that this includes two priority areas of activity – these being:

1.            Watering the West

i. leveraging raising the wall at Wyangala and

ii. assuring urban water security in the CNSW region; and

2.            Freight links

3.    Adopt the priorities for inter-council cooperation as:

1.            Reporting value to members of the operational support program; and

2.            Supporting the sustainability of the broader JO network;

4.    Adopt the priorities for regional prosperity as:

1.            Progressing support for the visitor economy; and

2.            Developing and monitoring the progress of the Regional Prosperity Subcommittee noting the agricultural focus;

5.    Adopt the changes to the Board calendar as follows:

1.            3 June Board meeting in Penrith and 4 June meeting with State representatives at Macquarie Street, Sydney including launch of the Central West NSW Food and Fibre Strategy;

2.            August Board meetings in Canberra at a venue TBA; and

3.            The November meeting be part of a Summit, again retaining the agricultural focus;

6.    Encourage members to form or activate friendship agreements with Councils in Western Sydney; and

7.    Seek feedback from members to inform policy with regard to a regional response to Climate Change.

 

8.            Reports to Statement of Regional Strategic Priority

Priority One:     Inter-council Co-operation

a.            Procurement Report (Priority 1.1a)

Resolved                                                                                                                                     Cr R Kidd/Cr K Boyd

That the Board note the Procurement Report and

1.    approve the 12-month extension of the coldmix asphalt contract (S3_2018) with Boral Asphalt and Civil Independence until 31 May 2021;

2.    approve the 12-month extension of the compliance training contract (WHS1_2015) with Allens Training, ATAC, Mines Rescue and TAFE until 31 March 2021;

3.    approve the 6-month extension of the Asset Management Maturity Audit contract with University of Technology, Sydney; and

4.    approve a procurement process for the revaluation of water and sewer assets, including a 5% contract management fee payable to CNSWJO.

 

b.           Administration Update (Priority 1.2)

Resolved                                                                                                                                   Cr K Keith/Cr B West

That the Board note the timeline for the implementation of the JO and adopt the logo.

 


 

c.            Energy Programming Report (Priority 1.3)

Resolved                                                                                                                                    Cr R Kidd/Cr K Keith

That the Board note the Energy Programming Report and

1.   note the progress of the Southern Lights rollouts in Bathurst and Orange;

2.   note the cost savings to members of $2.9m over 3 years achieved through the procurement process for the supply of electricity for large market and small market sites; and

3.   GMAC give consideration to the renewable energy advice from Mr David West.

 

d.           Report on JO Chairs Forum progress including feedback to the Minister on JO sustainability (Priority 1.4a)

Resolved                                                                                                                                   Cr R Kidd/CR K Keith

That the Board note the feedback to the Minister for Local Government’s Joint Organisation (JO) Advisory Committee (the Committee) and

1.    Recognises the serious risk of JO network failure due to sustainability;

2.    Endorses the advice provided to the Minister for Local Government’s Advisory Committee;

3.    Commends to the Chairs of JOs Forum that the focus of effort for JO sustainability be working, through the Minister’s Office, with State agencies on a funding framework that offers value to both JO members and the State where the value to the State is recognised by remuneration;

4.    Reiterates its position that JOs should not be a fourth tier of government;

5.    Notes that taking on a compliance burden has significant risks to JOs and is not supported;

6.    Adopt the definition of Financial Sustainability for Joint Organisations as “A Joint Organisation will be financially sustainable over the long term when it is able to generate sufficient funds and deliver on the Strategic Regional Priorities agreed with its members and stakeholders”;

7.    Approves an amendment to the JO Chairs’ Forum’s Terms of Reference to allow for the election of a Chair and Deputy Chair for a period of 12 months; and

8.    Provides feedback regarding the above to the Chairs of Joint Organisation Forum.

 

Priority Three:        Regional Transport and Infrastructure

e.    Regional Transport Advocacy Policy, Prioritisation and Freight Links Mapping.

Resolved                                                                                                                                   Cr K Keith/Cr B West

That the Board note the Transport and Infrastructure Report and

1.    commend to members they provide feedback on the Central West and Orana Future Transport Regional Plan (the Plan);

2.    provide the feedback to the Plan as described in the report;

3.    endorse the Lithgow to Katoomba Corridor submission;

4.    invite the independent panel for Regional Road Transfer and NSW Road Classification Review to meet with the JO;

5.    endorse the CNSWJO response to the Regional Road Transfer and NSW Road Classification Review Terms of Reference;

6.    adopt the Terms of Reference for the Regional Strategic Transport Group; and

7.    thank respective Ministers for their support for the $2.5b upgrade to the Great Western Highway and prepare a media release.

 


 

Priority Four:           Regional Water

f.     Regional Water Report

Resolved                                                                                                                              Cr P Miller/Cr B Bourke

That the Board note the Regional Water Report and

1.    Seek advice from DPIE Water on project status and what the issues are holding up emergency water projects;

2.    Develop advocacy material identifying the problems and solutions in assuring urban water supply during the unprecedented drought;

3.    Advocate to the Premier, Deputy Premier, Minister for Water and respective agencies providing advice on the challenges and solutions for this region in securing water; and

4.    Note the Infrastructure Priority List 2020 and invite Infrastructure Australia to the June Board Meeting.

 

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

Resolved                                                                                                                                Cr R Kidd/Cr M Liebich

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

1.    thank the Minister for Local Government regarding the $150K funding for CNSWJO;

2.    adopt the Equal Opportunity Management Plan;

3.    note the changes to the Risk Management Plan reflecting the ongoing challenges for Joint Organisations given the increased regulatory burden and resourcing implications; and

4.    approve the Alliance between SafeWork NSW and the Central NSW Joint Organisation WHS Group for 2020 – 2022.

 

10.          Financial Report

Resolved                                                                                                                                Cr B Bourke/Cr B West

That the Board note the Financial Report.

 

12.00pm - Mr G Rhodes and Mr B Byrnes left the meeting.

 

11.          Matters raised by members – Blayney Demondrille Line

Resolved                                                                                                                              Cr B West/Cr M Liebich

That the Board seek advice as to when the report on the Blayney to Demondrille line will be released.

 

The matter raised by Forbes on the Murray Darling Irrigation Desalination Proposal was moved to Confidential report

 

12.09pm

Resolved                                                                                                                                Cr R Kidd/Cr B Bourke

That the meeting close to the public for confidential matters.

 

12.          Confidential Report

·    Energy Savings Certificates for Streetlighting

Resolved                                                                                                                                   Cr R Kidd/Cr P Miller

That the Board note the confidential report on energy savings certificates for streetlighting and recommend that councils individually write to Essential Energy and National Carbon Bank of Australia (NCBA) and request that the ESCs for street lighting be created through the Essential Energy agreement.

 


 

12.11pm

Resolved                                                                                                                              Cr P Miller/Cr B Bourke

That the meeting open to the public.

 

·    Murray Darling Irrigation Desalination Proposal

Resolved                                                                                                                                   Cr P Miller/Cr R Kidd

That the Board Note the advice from Forbes and include the option of linking desalinated water into considerations of priority for future water security for the region.

 

 

13.          Late reports – Nil

14.          Speakers to the next meeting

·    Penrith City Council

·    Various Ministers

·    Infrastructure Australia, Infrastructure Priority List 2020

15.          The next meeting dates are Wednesday 3 June in Penrith and Thursday 4 June in Sydney.

16.          Conclusion of the meeting - Meeting closed at 12.11pm

 

Page 4 is the last page of the Central NSW Joint Organisation meeting 27 February 2020

 

 


Council Meeting                                                                                                 7 April 2020

2.3     Mayoral Minute - Insurance for Voluntary Organisations

RECORD NUMBER:       2020/507

 

 

Mayoral Minute

 

 

Recommendation

That Council investigate the possibilities to lighten the financial burden of insurance for community groups that organise local events for community benefit either through fundraising or providing entertainment.

 

 

 

 

Reg Kidd
Mayor

 

SUPPORTING INFORMATION

Two recent community events that are folding are the Camel Races at Easter and Emu Roadrunner Charity Bike Ride (raising funds for Cancer Care West).

 

 

 

  


Council Meeting                                                                                                 7 April 2020

2.4     Mayoral Minute - Moulder Park Netball Courts

RECORD NUMBER:       2020/508

 

 

Mayoral Minute

The netball courts and infrastructure at the old Moulder Park Netball courts are basically deteriorating since they were abandoned for netball several years ago.

 

Recommendation

That Orange City Council investigate the possibility of developing a “playmat” (with roads, crossings, stop signs etc.) at the old Moulder Park netball courts.

 

 

 

Reg Kidd
Mayor

SUPPORTING INFORMATION

I believe that after conversations with Jill Bale who is a Committee member of Roundabout Central West (a small community service group working under the umbrella of Rotary in Orange), they could coordinate this excellent use of what is largely under used asset (letter attached).

STAFF COMMENT

Council applied for the installation of a facility of this nature in the most recent round of the Stronger Country Community Fund.

The project included the following elements:

·    Painting tracks

·    Pedestrian crossing

·    Give way line with signs

·    Stop line with signs

·    School zone symbol including dragons teeth

·    Bike Symbols

·    Installation of simulated traffic equipment

Cost estimate based on quotations received at the time of the grant submission we $24,657 excluding staff time. This also excluded repairs to the surface which would likely be required.

The grant application was unsuccessful.

Financial Implications

Budget for any works would need to be approved by Council as either part of the 2020/21 Delivery Operational Plan or as a quarterly adjustment for the current budget.

POLICY AND GOVERNANCE IMPLICATIONS

Nil

 

Attachments

1          Potential Project to Benefit the Children of Orange - Roundabout Central West, D20/15110

 


Council Meeting                                                                                                                          7 April 2020

Attachment 1      Potential Project to Benefit the Children of Orange - Roundabout Central West

PDF Creator


 

PDF Creator

    


Council Meeting                                                                                                 7 April 2020

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 17 March 2020 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 17 March 2020.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 17 March 2020



ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 17 March 2020

COMMENCING AT 7.00pm


 1      Introduction

Attendance

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

Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations

1.1     APOLOGIES

 

RESOLVED - 20/071                                                                            Cr R Turner/Cr S Munro

That the apologies be accepted from Cr T Mileto and Cr M Previtera for the Council Meeting of Orange City Council on 17 March 2020.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

1.2     LIVESTREAMING AND RECORDING

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

1.3     OPENING PRAYER

Rev Bob Cameron of the Orange East Anglican Church led the Council in Prayer.

1.4     ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted the Acknowledgement of Country.

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

Cr J McRae declared a less than significant non-pecuniary interest in Item 5.7 – Orange Harness Racing Club – Funding Agreement as a family member is involved with the Club.

Cr S Romano declared a less than significant non-pecuniary interest in Item 6.4 – Tender for Construction of Orange Regional Gallery Extension, as he has business involvement with one of the tenderers.

 

2       Mayoral Minutes

Nil 

 

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

 

OPEN FORUM

Mr John Da Rin

Mr Da Rin spoke on the water report and electronic communication signage.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.08PM

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 20/072                                                                          Cr J Hamling/Cr S Nugent

That the Minutes of the Ordinary Meeting of Orange City Council held on 3 March 2020 (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 3 March 2020 with the exception of an amendment to the Planning and Development Committee minutes to reword Cr Romano’s Pecuniary Interest to read ‘Cr S Romano declared a non-pecuniary interest in item 2.4 of the Planning and Development Committee as he did work for the same client as the applicant on occasion and would remove himself from the Chamber’.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

 

late item

RESOLVED - 20/073                                                                               Cr S Nugent/Cr R Kidd

That the following late item be dealt with at the meeting of Orange City Council on 17 March 2020 and be moved to be dealt with as the first item.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera


 

 

5.15   Delegations

TRIM Reference:        2020/504

RESOLVED - 20/074                                                                          Cr J Hamling/Cr S Nugent

That Council resolves:

During the period 18 March 2020 until such time as Council revokes this resolution, Council delegate its function to determine development applications and planning matters, with the exception of matters that cannot be delegated under the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979, in circumstances where it is unreasonable to defer consideration of the matter, to the Mayor, Chairperson of the Planning and Development Committee, and the Chief Executive Officer (so that the Chief Executive Officer and either the Mayor OR the Chairperson of the Planning and Development Committee, are available to determine matters).

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

4       Notices of Motion/Notices of Rescission

4.1     Notice of Motion - Earth Hour 2020

TRIM Reference:        2020/444

RESOLVED - 20/075                                                                            Cr S Nugent/Cr S Munro

That Council observe Earth Hour on 28 March 2020 at 8.30pm by turning off public lighting as appropriate based on advice from staff.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

 

4.2     Notice of Motion - Aged and Disabled

TRIM Reference:        2020/477

RESOLVED - 20/076                                                                         Cr S Romano/Cr S Nugent

That $5,000 be considered in Council’s 2020/2021 Delivery Operational Plan for the update of Council’s mobility map and that this be conducted together with the Future City Project.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2020/436

RESOLVED - 20/077                                                                          Cr J Whitton/Cr R Turner

1        That the resolutions made by the Planning and Development Committee at its meeting held on 3 March 2020 be noted.

2        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 March 2020 be noted.

3        That the resolutions made by the Finance Policy Committee at its meeting held on 3 March 2020 be noted.

4        That the resolutions made by the Services Policy Committee at its meeting held on 3 March 2020 be noted.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

 

5.2     Statement of Investments - February 2020

TRIM Reference:        2020/400

RESOLVED - 20/078                                                                             Cr K Duffy/Cr J Whitton

That Council resolves:

1        To note the Statement of Investments as at 29 February 2020.

2        To adopt the certification of the Responsible Accounting Officer.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

 

QUESTION TAKEN ON NOTICE

Cr McRae requested Council provide an updated report on investments in light of market changes.

 

 


 

 

5.3     Development Application DA 347/2019(1) - Lots 1 and 2 Mitchell Highway (John Davis Motors)

TRIM Reference:        2020/171

RESOLVED - 20/079                                                                               Cr K Duffy/Cr G Taylor

That Council consents to development application DA 347/2019(1) for Vehicle Sales or Hire Premises (change of use and alterations to existing building) and Business Identification Signage at Lot 1 and 2 DP 270204 - Mitchell Highway, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

 

Division of Voting

Voted For

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

Voted Against

Nil

Absent

Cr T Mileto, Cr M Previtera

 

5.4     Local Housing Strategy

TRIM Reference:        2020/46

RESOLVED - 20/080                                                                           Cr S Nugent/Cr R Turner

That Council resolves to:

1        Note the Local Housing Strategy research report and Departmental guidelines.

2        To place the research phase material and departmental guidelines on exhibition for a period of 28 days seeking preliminary community feedback.

3        Prepare and present a draft strategy to Council for consideration before formal exhibition.

4        That the draft strategy be intended to address the housing needs of Orange residents through to 2036 including, but not limited to, all socioeconomic groups, age brackets and levels of mobility and independence.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

 


 

5.5     Towac Equine Precinct - Contributions Plan and Development Control Plan

TRIM Reference:        2020/418

RESOLVED - 20/081                                                                            Cr K Duffy/Cr S Romano

That Council resolves to:

1        Endorse and adopt the contributions plan in relation to the Towac Equine Precinct subject to the Minister of Planning authorising a variation to the contributions cap.

2        Endorse and adopt the draft Development Control Plan provisions, to be known as chapter 6A of Orange DCP 2004.

3        Subject to the above, Council endorse the making of Orange Local Environmental Plan 2011 – Amendment 17 to establish the Towac Equine precinct and instruct staff to pursue finalisation of this matter with the Department of Planning, Industry and Environment.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

 

5.6     Request for Financial Assistance - Orange City Rugby Club - Linemarking for Under 10s Rugby Tournament

TRIM Reference:        2020/364

This item was withdrawn

 

 

5.7     Orange Harness Racing Club - Funding Agreement

TRIM Reference:        2020/440

Cr J McRae declared a less than significant non-pecuniary interest in this item as a family member is involved with the club, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 20/082                                                                            Cr R Turner/Cr S Munro

That Council resolves:

1       That the report by the Manager of Corporate and Community Relations be acknowledged.

2       That the second funding instalment payment of $10,000 plus GST for the 2019/2020 financial year be cancelled.

3       That approval be granted for the use of the Council Seal on any necessary documentation if required.

 

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

Against: Nil

Absent: Cr Mileto, Cr Previtera, Cr McRae

 

5.8     National General Assembly - Orange City Council Motions 2020

TRIM Reference:        2020/406

RESOLVED - 20/083                                                                               Cr K Duffy/Cr S Munro

That Council agree to the motion regarding the establishment of more water storage dams in NSW being submitted to the National General Assembly 2020.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

 

5.9     Lease of Wentworth Park Reserve Trust

TRIM Reference:        2020/424

RESOLVED - 20/084                                                                            Cr R Turner/Cr S Munro

1        That Council resolve to agree to allow the surrender of the current lease of the Wentworth Park Reserve Trust to Wentworth Golf Club Ltd and simultaneously enter into a 21 year lease of the Wentworth Park Reserve Trust with Orange Ex-Services Club Limited on terms and conditions acceptable to Council.

2        That approval be granted for the use of the Council Seal on any necessary documentation if required.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

5.10   Level 5 Water Restriction Exemptions

TRIM Reference:        2020/428

RESOLVED - 20/085                                                                            Cr S Nugent/Cr S Munro

That the report on Level 5 Water Restriction Exemptions be acknowledged.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera


 

5.11   Councillor Proposed Water Initiatives

TRIM Reference:        2020/476

RESOLVED - 20/086                                                                            Cr R Turner/Cr S Munro

That the report on Councillor Proposed Water Initiatives be acknowledged.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

 

QUESTION TAKEN ON NOTICE

Cr Munro requested a report on the process involved in creating a new dam in NSW.

 

5.12   Macquarie River Extraction Licence

TRIM Reference:        2020/434

RESOLVED - 20/087                                                                               Cr K Duffy/Cr S Munro

That the report on the Macquarie River Extraction Water Access Licence be acknowledged.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

MATTER ARISING

Cr Taylor requested if Council could do a media update on changes in watering times for the upcoming end to daylight savings.

 

5.13   Naming - Cricket Centre of Excellence

TRIM Reference:        2020/464

RESOLVED - 20/088                                                                         Cr J Whitton/Cr J Hamling

That Council resolve:

1    That Council name the Cricket Centre of Excellence at Wade Park the Carl Sharpe Cricket Centre; and

2    That within the foyer of the Cricket Centre Orange, cricketers or administrators who have significantly contributed to this country or the region in cricket, will be documented through a photo portrait and text of their achievements.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

5.14   Strategic Policy Review

TRIM Reference:        2020/100

RESOLVED - 20/089                                                                          Cr J Whitton/Cr R Turner

That Council resolves to:

1        Adopt the following policies:

·         ST107 – Outdoor Dining Areas

·         ST114 – Whiteway Lighting

·         ST142 – Events on Council Owned/Managed Land

·         ST143 – Event Cancellation

·         ST083 – Access to Information Held By Council

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera


 

 

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 - 20/090                                                                               Cr K Duffy/Cr S Munro

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     Write Off Bad Debt >$5,000.00 Redmond Place Hangar

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 (b) the personal hardship of any resident or ratepayer.

6.2     2019 Water Consumption Charges - 3 Carwoola Drive, Orange

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.

6.3     Lease of Hangar Site J Orange Airport

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

6.4     Tender for Construction of Orange Regional Gallery Extension

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.

 

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.02pm.

The Mayor declared the Ordinary Meeting of Council resumed at 8.28pm.

7       Resolutions from Closed Meeting

The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.

6.1     Write Off Bad Debt >$5,000.00 Redmond Place Hangar

TRIM Reference:        2020/156

RESOLVED - 20/091                                                                               Cr K Duffy/Cr R Turner

That Council adopt the bad debt write off for Debtor Account 5815.72 in the sum of $10,725.00.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

6.2     2019 Water Consumption Charges - 3 Carwoola Drive, Orange

TRIM Reference:        2020/167

RESOLVED - 20/092                                                                               Cr K Duffy/Cr S Munro

That Council resolves to reduce on a pro-rata basis to previous consumption history the February 2019 quarter water consumption charge of $9,774.00 to $1,112.40, the May 2019 quarter water consumption charge of $7,981.20 to $1,177.20, the August 2019 quarter water consumption charge of $2,104.15 to $975.80 and the November 2019 quarter water consumption charge of $3,299.70 to $455.70. The total write off is therefore $19,437.95.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera

6.3     Lease of Hangar Site J Orange Airport

TRIM Reference:        2020/386

RESOLVED - 20/093                                                                          Cr J Hamling/Cr S Nugent

1        That Council enter into a lease of Hangar Site J for a term of five years with one five year option.

2        That approval be granted for the use of the Council Seal on any necessary documentation if required.

 

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Mileto, Cr Previtera


 

 

6.4     Tender for Construction of Orange Regional Gallery Extension

TRIM Reference:        2020/462

Cr S Romano declared a less than significant non-pecuniary interest in this item as he has business involvement with one of the tenderers, left the Chamber, and did not participate in the voting or debate on this item.

* Cr Romano did not return to the meeting*

MOTION                                                                                             Cr J Hamling/Cr J McRae

That Council resolves:

1    That Council declines to accept any tender for the Construction of the Orange Regional Gallery Extension F3020-8 as all tender submissions exceeded the available funds for this component of the project.

2    That Council not call fresh tenders as it may delay the project and impact upon the current funding milestones, possibly putting funding at risk.

3    That Council enters into negotiations with the two highest tender submissions being Renascent Regional Pty Ltd and North Construction and Building Pty Ltd with a view to revising the project scope and to identify innovative solutions and cost savings to deliver the project.

4    That Council explores additional funding that may be able to address any shortfall in the construction of the Orange Regional Gallery Extension.

 

AMENDMENT                                                                                        Cr K Duffy/Cr S Munro

That Council resolves:

1    That Council declines to accept any tender for the Construction of the Orange Regional Gallery Extension F3020-8 as all tender submissions exceeded the available funds for this component of the project.

2    That Council not call fresh tenders as it may delay the project and impact upon the current funding milestones, possibly putting funding at risk.

3    That Council enters into negotiations with all tender submissions with a view to revising the project scope and to identify innovative solutions and cost savings to deliver the project.

4    That Council explores additional funding that may be able to address any shortfall in the construction of the Orange Regional Gallery Extension.

 

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 20/094                                                                            Cr J Hamling/Cr J McRae

That Council resolves:

1    That Council declines to accept any tender for the Construction of the Orange Regional Gallery Extension F3020-8 as all tender submissions exceeded the available funds for this component of the project.

2    That Council not call fresh tenders as it may delay the project and impact upon the current funding milestones, possibly putting funding at risk.

3    That Council enters into negotiations with the two highest tender submissions being Renascent Regional Pty Ltd and North Construction and Building Pty Ltd with a view to revising the project scope and to identify innovative solutions and cost savings to deliver the project.

4    That Council explores additional funding that may be able to address any shortfall in the construction of the Orange Regional Gallery Extension.

 

For: Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton

Against: Cr Kidd

Absent: Cr Mileto, Cr Previtera, Cr Romano

 

The Meeting Closed at 8.31PM

 

This is Page Number 13 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 March 2020.

  


Council Meeting                                                                                                 7 April 2020

4       Notices of Motion/Notices of Rescission

Nil


Council Meeting                                                                                                 7 April 2020

5       General Reports

5.1     Council reSponse to Covid-19

RECORD NUMBER:       2020/567

AUTHOR:                       David Waddell, Chief Executive Officer    

 

 

EXECUTIVE Summary

Orange City Council has responded quickly and efficiently to the Covid-19 situation by following closely the directions of Federal and State authorities.  The essential operations of Council continue within these constraints. Council is also providing a communication conduit across the City via its website and through social media.

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 – information only at this stage

Policy and Governance Implications

Nil– information only at this stage

 

Recommendation

That the report on Covid-19 by the Chief Executive Officer be noted.

 

further considerations

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

SUPPORTING INFORMATION

Orange City Council has responded quickly and efficiently to the Covid-19 situation by following closely the directions of Federal and State authorities.  The essential operations of Council continue within these constraints. Council is also providing a communication conduit across the City via its website and through social media.

The following actions have been undertaken as of 1 April 2020:

·    Business continuity plans were completed for all operations;

·    All community committees were deferred until further notice;

·    A significant Work from Home program has been implemented with numbers down to only less than 40 compared with 110 in the Civic Centre at any one time.  Depot and outdoor staff have revised work practices.  So far business continuity has been maintained;

·    All workplaces have been actioned in terms of Health advice, signage etc.

·    Teleconferences and Zoom meetings have become common;

·    Work began on how to conduct Council meetings via other means of communication;

·    Financial transactions were ceased in order to minimise transmissions;

·    Front counters have been either closed or pared back;

·    Communications has been ramped up to staff and councillors via text and email;

·    Rates reminders have been put on hold for the moment;

·    Several Covid press statements have been released;

·    Council’s website now has a Covid-19 banner with information on all our services;

·    Front counter reduced to one or two workers – extra workers on phones;

·    Flu shots have been brought forward to early April;

·    Multiple events have been cancelled in line with the Health NSW and OLG recommendations;

·    Rolling facility closures have occurred in line with government guidance including:

Ø  Theatre

Ø  Gallery

Ø  Aquatic Centre (indoor and outdoor)

Ø  Library

Ø  Function Centre

Ø  Playgrounds

Ø  Visitor Information Centre.

·    Meals on wheels and other food services continue with increased precaution and PPE;

·    The IT team has been working overtime to service numerous Work from Home requests;

·    The cleaners have been briefed and are conducting extra cleaning;

·    Staff attended the Local Emergency Management Committee, under Inspector Atkins, involving all local emergency authorities;

·    Parking officers have been instructed to be lenient where appropriate and to issue no tickets near medical centres or chemists. The Ophir carpark has again been made free of charge to minimise contact with the ticket machine;

·    The Caravan Park is still open with permanent residents and those without a permanent place of abode (i.e. backpackers) still allowed to stay.

The Chief Executive Officer commends staff for their efforts and attitude to date.

 

  


Council Meeting                                                                                                 7 April 2020

 

 

5.2     Current Works

RECORD NUMBER:       2020/560

AUTHOR:                       Ian Greenham, Director Technical Services    

 

 

EXECUTIVE Summary

The purpose of this report is to update Council on construction and maintenance works which have been carried out since the last current works report to Council.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “9.1 Preserve - Construct and maintain a road network meets the community’s transport and infrastructure needs”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves to note the report on Current Works.

 

 

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

Road Maintenance

Rural gravel road grading has been undertaken across the Council on:

·     Falvey Road

·     Windsor Road

·     Capps Lane

·     Blunt Road

·     Beaumah Road

·     Gander Road

·     Commins Road

·     Kinghorn Lane

·     Lysterfield Road

·     Morris Lane.

Road Construction

Council staff began the extension of roads at the southern end of the cemetery with bulk earthworks undertaken and initial pavement layers laid.

Photo: Road network extensions at the Orange Cemetery

Road Rehabilitation

Council contractors completed the rehabilitation of the Ash Street pavement from the level crossing through to Scott Place. Council staff were also able to negotiate with the rail authority for the removal of a redundant rail siding at the Ash Street crossing which facilitated a superior ride quality result with asphalt reconstruction works.

Some minor surface defects have been identified with the contractor and will be rectified in the near future under warranty.

Photo: Rail siding being removed from the Ash Street level crossing

Traffic Facilities

Roundabout at March Street and McLachlan Street

Works progressed on the completion of complex drainage elements, formation and pouring of kerb and gutter and the first layers of concrete pavements.

 

Photo: Progressive forming and pouring of base layers at the March and McLachlan roundabout site


 

Roundabout at Hill Street, Northern Distributor Road and William Maker Drive

Road construction has progressed steadily with kerbs and footpaths being constructed on the new Hill Street alignment.  Works also commence on the tie in to the existing Hill Street end.

Photo: Progress on the Hill Street diversion leg

Carpark Expansion at Airport

The carpark extension at the airport was sealed and is awaiting linemarking.

Photo: Sealed car park extension at the airport awaiting line marking


 

Concrete and Drainage

Footpath reconstruction works were undertaken at:

·     Sale Street – from March Street to Prince Street

·     Byng Street – from Sampson Street to Clinton Street

New footpath construction recommenced on Peisley Street at the Franklin Street end.

WATER SUPPLY SERVICES

The type and number of water supply service responses by maintenance staff are shown in the table below.


Category

July 2018 – June 2019

February 2020

Leaking meters

418

23

Faulty meters (incorrect readings)

148

5

No supply

53

3

Water pressure complaints

32

0

Meter box/lid replacements

52

3

Water quality

38

5

Service break

4

0

Service leak

49

1

Main break

75

3

Main leak

267

10

Valve leak

7

1

Hydrant leak

83

6

Total Water Requests

1226

60

Private Works Orders

·    Installation of 25mm water service and meter at 2 Trappit Place

Water Service Renewals

·    360 Lords Place 20mm

·    3 Convoy Place 20mm

·    11 Casey Street 20mm

Construction Works

·    Council has replaced 997 water meters to financial year to date with meter sizes ranging from 20mm through to 150mm.

·    Council has commenced works with Taggle Systems for the supply and installation of 251 Smart Water meters. Sites have been identified for network receivers to be installed and Council is working with the contractor around data base building.

·    Works have been completed for the Margaret Street bore. These works included the installation of pump and associated controls and pipeline installation.

·    Valve replacement at Kearneys Drive and Malvern Place.

SEWER SERVICES

The type and number of sewer service responses by maintenance staff are shown in the table below.

 

Category

July 2018 – June 2019

February 2020

Sewer blockages

429

25

Odour

14

4

Overflows

176

9

Total Sewer Requests

619

38

Sewer Construction Works

·    Sewer Reconstructions:

o 37 Racecourse Road sewer junction reconstruction

o 45 North Street reconstruction of sewer manhole

o 32 Spring Street sewer junction reconstruction

o 146 Hill Street sewer main reconstruction

o 130 Hill Street sewer main reconstruction

o 6 Nathan Street sewer junction reconstruction

·     Sewer Relining Program 2019-20

Works have commenced on the sewer relining program with Council’s contractor completing the cleaning and commencing relining. Works have been delayed due to the works team unavailability and Council is working with the contractor to recommence works.

·     Robertson Park Sewer Connection

Works have been completed connecting the sewer to the Robertson Park toilet site.

 

WATER SUPPLY SECURITY

Water Storage Levels

The combined storage of Suma Park and Spring Creek Dams as at 20 March 2020 is 21.31%. Water storage trends for the combined storages since January 2017 are shown in the graph below.

 

 

Location

Level Below Spillway (m)

% of Capacity

Suma Park Dam

14,562

19.51%

Spring Creek Dam

4,339

29.04%

Lake Canobolas

2,276

44.79%

Gosling Creek Dam

2,832

30.96%

Supplementary Raw Water Sources

Extractions from the supplementary raw water supplies in recent months are provided in the table below.

 

Raw Water Source

December 2019 (ML)

January 2020 (ML)

February 2020 (ML)

Total (ML) 2019/2020

Bores*

12.41

11.12

12.73

104.21

Stormwater

19.84

62.13

44.83

339.93

Macquarie River

0.00

6.17

133.94

152.43

Total

32.25

79.42

191.5

596.57

* Bores include two at Clifton Grove and one at the Showground

A more detailed monthly summary of raw water transfers can be found on Council’s website at https://www.orange.nsw.gov.au/water/oranges-water-supply/.

The Decision Support Tool (DST) quarterly review was conducted for the third quarter of 2019/20. Continuing dry conditions require all available supplementary raw water sources to be operated.


 

Macquarie River Flows

The flows in the Macquarie River monitored downstream of Long Point (Station 421192) continued to exceed the temporary flow rate trigger of 38 ML/d from 12 February 2020 through to the time of writing this report (25 March 2020). The maximum flow rate for the period was greater than 3,686 ML/day.

The chart below was sourced from the WaterNSW website with flows presented in megalitres per day (ML/d).

Demand Management

Water Restrictions

Level 5 water restrictions were introduced on Sunday 6 October 2019.

The Demand Management Team continues to deliver a very successful water conservation program across Orange. Both residential and non-residential strategies are being implemented by this team.

Residential water use

Average daily residential water consumption during the week ending 19 March 2020 was 121 litres per person per day. The target under Level 5 water restrictions is 160 litres per person per day. The graph below shows the average daily residential water consumption trends since December 2018.

Non-residential water use

Council staff have completed water audits on the 70 largest water users in the non-residential sector.

As required under Level 5 Water Restrictions, these businesses will now need to complete Water Savings Action Plans outlining strategies that they will be implementing in order to reduce water use.  Council is now actively pursuing the submission of Water Savings Action Plans from all of these businesses.

Total water use

The average daily city-wide water consumption (all users including Molong) for the period between 15 February and 19 March 2020 was 8.9 ML/day. The average daily supply to Molong was 860kL.

DRINKING WATER QUALITY

Water samples are collected as a component of Orange City Council’s Drinking Water Quality Monitoring Program in accordance with NSW Health requirements. Samples are collected regularly and sent to a NSW Government National Association of Testing Authorities (NATA) accredited laboratory for analysis. Samples collected in February 2020 complied with the Australian Drinking Water Guidelines health targets.

SHIRALEE Creek SEWER

The under-bores associated with the Orange to Broken Hill railway line and detention basin wall are complete and approximately 250 metres of the 4,800 metres of sewer pipeline has been installed.  Works are still programmed to be completed by the end of the financial year.

Photo: Railway under-bore

Southern Feeder Road CONSTRUCTION STAGE 2 (SFR2)

On 16 March contractors completed the pour of the concrete bridge deck over the railway line.  While other works occur on the bridge, the earth approaches are being raised.

Photo: Concrete bridge deck

 

Traffic is currently being directed through the works along Edward Street then back to the Blowes Road, Elsham Avenue intersection while a cul-de-sac is constructed on the northern leg of Elsham Avenue.

As reported to the last meeting, work is now anticipated being completed by mid-year.

SPRING CREEK TO ICELY ROAD WATER TREATMENT PLANT WATER SECURITY PIPELINE

Council has executed the funding deed for this project with the Department of Planning, Industry and Environment (DPIE) and provided the business case required as part of the funding deed.

Based on Council’s resolution of 17 December 2019, Council has entered into a contract with Leed Engineering to undertake the works.  They have secured the materials necessary to complete the pipework.  As the lead time for procuring the pumps required for the work is approximately 20 weeks the anticipated date for the completion of this project is September 2020.  With continued pumping from the Macquarie River this pipeline will be installed prior to when it is needed to transfer water from Spring Creek Dam.

Outstanding items required to be completed include the finalisation of the Review of Environmental Factors (REF) and some land matters.

AstiLl Drive Pound

The contractor’s current programme anticipates this project being completed by mid-April. Remaining works include the completion of driveway slabs, retaining walls and guttering on the building.

Photo: Animal Shelter


 

AIRPORT PASSENGER NUMBERS

Passenger numbers for February 2020 were 6,637 compared with 6,387 in the same month in 2019. 

 

 

AIRPORT ENERGY USAGE

Energy used at the airport during January 2020 was 19,953.48 kWh at a cost to Council of $5,253.01 and during February 2020 was 19,917.24 kWh at a cost of $5,170.29.

ENERGY USE

The following information is sourced from E21, Council’s energy software.

Monday 23 March 2020

 

 

  


Council Meeting                                                                                                 7 April 2020

5.3     Requests for Financial Assistance - Quarter 4 of 2019/2020 - Small Donations Program

RECORD NUMBER:       2020/493

AUTHOR:                       Samantha Freeman, Acting Director Corporate and Commercial Services    

 

 

EXECUTIVE Summary

Council can only assist other organisations financially (in cash or in kind) in accordance with section 356 of the Local Government Act 1993.

Council has in place a policy for Small Donations to be made under section 356 of the Act and annually advertises for applications under this policy. This report provides the applications received in this quarter.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “15.2 Collaborate - Support community organisations and groups to deliver services and programs”.

Financial Implications

The overall Small Donations budget for 2019/2020 is as follows:

Small Donations Program

Adopted Budget

Actual or

Committed

Remaining

Balance

Quarter 1

$35,000.00

$33,705.42

See Note 1

Quarter 2

School Prize Giving

$11,000.00

$4,000.00

$9,262.87

$4,000.00

See Note 2

Quarter 3

$15,000.00

$16,277.32

See Note 3

Quarter 4

$15,000.00

$0.00

$16,754.39

Orange Harness Racing Club - Annual to 2025/26

$20,000.00

$10,000.00

$10,000.00

TOTAL

$100,000.00

$73,246.61

$26,754.39

Notes

1        Balance of Quarter 1 ($35,000.00 - $33,705.42 = $1,294.58) rolled over to Quarter 2.

2        Balance of Quarter 2 ($16,294.58 - $13,262.87 = $3,031.71) rolled over to Quarter 3.

3        Balance of Quarter 3 ($18,031.71 – $16,277.32 = $1,754.39) rolled over to Quarter 4. The $10,000.00 figure showing less in the Actual or Committed column and more in the Remaining Balance column derives from only paying Orange Harness Racing Club for one meeting in this financial year.

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves that a donation of $2,000.00 be made from the Small Donations Program to the St Vincent de Paul Society (Providing Care and Support Services for vulnerable people).

 

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

Summary

Shaded cells in the $Request columns shows requests outside the maximum of the category.

QUARTER 4 ($15,000.00 plus $1,754.39 from Quarter 3 = $16,754.39)

No

Applicant

$Request

$Recommended

106

St Vincent de Paul Society

$2,000.00

$2,000.00

TOTALS

 

$2,000.00

 

Application No 106

St Vincent de Paul Society

Not for Profit

Yes.

Purpose of the Request

Provision of care and support services for vulnerable people.

The Society provides welfare services (assistance with costs and accommodation) and home visits to housebound residents, hospital patients and aged-care residents.

In emergency-pandemic situations, one of the responsibilities of local government is to assistant the vulnerable in its LGA.

Amount Requested

$2,000.00

Policy Category

Small Donations – Providing a Community Service - maximum $2,000.00

Comment and Recommendation

In line with the policy. $2,000.00 recommended.

 

APPLICATIONS IN QUARTER 4 WHERE EVENT WAS CANCELLED BECAUSE OF COVID-19

All applicants were contacted by telephone to confirm cancellation of the event relating to their application. A confirmation e-mail was sent to each of these applicants to advise that, as their application could not be determined, it had a status of withdrawn.

APPROVED DONATIONS AND EVENT CANCELLATION BECAUSE OF COVID-19

All applicants who received a donation for either holding an event (Major Events/Small Donations) or for attending an event (Sport Participant) were contacted by telephone. Major Event applicants were advised that if they were holding their event in 2020/2021 they could use this year’s donation in that financial year. Sport Participant applicants were advised that, if they could send evidence of pre-committed spending, they were not required to return their donation.

 

Attachments

1          Database - Donations in 2019/2020, D20/17740

2          Application 106 - St Vincent de Paul Society, D20/17646

 


Council Meeting                                                                                                                           7 April 2020

Attachment 1      Database - Donations in 2019/2020

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Council Meeting                                                                                                                          7 April 2020

Attachment 2      Application 106 - St Vincent de Paul Society

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Council Meeting                                                                                                 7 April 2020

5.4     Development Application DA 332/2018(1) - 345 Clergate Road, Orange

RECORD NUMBER:       2020/437

AUTHOR:                       Kelly Walker, Senior Planner    

 

 

EXECUTIVE Summary

Application lodged

14 September 2018

Applicant/s

Forefront Services

Owner/s

Clout Redfern Investments Pty Ltd

Land description

Lot 62 Pce SC DP 559515 - 345 Clergate Road, Orange

Proposed land use

General Industry (new industrial buildings, and additions and alterations to existing building) and Storage Premises

Value of proposed development

$3,200,000

Council's consent is sought for development of industrial land at Lot 62 DP 559515 – 345 Clergate Road, Orange (see Figure 1).

Figure 1 - locality plan

The proposal involves the following:

·    construction of a new general industrial building (engineering and steel and poly fabrication workshop, and ancillary office/administration)

·    use the existing industrial building as storage to support the main industrial activity, but also with the potential to be used as storage premises by others

·    new wash bay and chemical store addition to existing industrial building; and

·    construction of a separate storage building to support the industrial activity.

It is proposed to undertake the development in stages. Proposed site works include construction of sealed vehicle manoeuvring and parking areas, compacted gravel hardstand support areas, landscaping, and installation of a new effluent disposal system.


 

A Primary Contamination Investigation was carried out for the site, and identified hydrocarbon stained areas associated with storage of machinery and equipment across a storage pad. As such, a Remediation Action Plan (RAP) was developed to remediate the impacted areas to enable the proposed commercial/industrial land use. This matter is discussed in detail in the main body of the report, and conditions of consent are recommended in regards to works.

It is considered that the proposal is consistent with the applicable development standards and planning outcomes relating to the subject land and proposed development. Approval of the application is recommended, subject to conditions of consent to minimise impacts between the industrial use and the nearby residential dwellings and zones, and minimise environmental impacts.

DECISION FRAMEWORK

Development in Orange is governed by two key documents Orange Local Environment Plan 2011 and Orange Development Control Plan 2004. In addition the Infill Guidelines are used to guide development, particularly in the heritage conservation areas and around heritage items.

Orange Local Environment Plan 2011 (LEP) – The provisions of the LEP must be considered by the Council in determining the application. LEPs govern the types of development that are permissible or prohibited in different parts of the City and also provide some assessment criteria in specific circumstances. Uses are either permissible or not. The objectives of each zoning and indeed the aims of the LEP itself are also to be considered and can be used to guide decision making around appropriateness of development.

Orange Development Control Plan 2004 (DCP) – the DCP provides guidelines for development. In general it is a performance based document rather than prescriptive in nature. For each planning element there are often guidelines used. These guidelines indicate ways of achieving the planning outcomes. It is thus recognised that there may also be other solutions of merit. All design solutions are considered on merit by planning and building staff. Applications should clearly demonstrate how the planning outcomes are being met where alternative design solutions are proposed. The DCP enables developers and architects to use design to achieve the planning outcomes in alternative ways.

DIRECTOR’S COMMENT

The industrial development proposed by this Development Application has been assessed and is considered to be compliant.  The application has been delayed considerably due to the need to obtain additional information from the applicant in regards to very minor contamination of the site from previous uses.  This has now been addressed appropriately.  One submission was received objecting to the development, however it is considered all issues raised have been taken into account.  The recommendation of approval of this application is supported.

 

 

 


 

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council consents to development application DA 332/2018(1) for General Industry (new industrial buildings, and additions and alterations to existing building) at Lot 62 Pce SC DP 559515 - 345 Clergate Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

further considerations

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

SUPPORTING INFORMATION

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.

THE PROPOSAL

The proposal involves the development of an existing general industrial site as follows:

·    construction of a new general industrial building (engineering and steel and poly fabrication workshop, ancillary office/administration, and blast and paint room) with a GFA of 2,561.9m2

·    use the existing industrial building as storage to support the main industrial activity, but also with the potential to be used as storage premises by others

·    new wash bay and chemical store addition to existing industrial building

·    construction of a separate storage building to support the industrial activity.

Further details of these components is as follows:

Proposed New Workshop

The new workshop building will be constructed north of the existing building (see Figure 2), and construction materials and colours include concrete tilt panels walls (in Colorbond Dune), Colorbond Trimdek wall cladding (in Dune), Colorbond Trimdek roof sheeting (in Surf Mist), Colorbond industrial scale roller doors (in Dune), FC sheet and Exotec wall cladding on the office section of the building, and aluminium framed window and doors.


 

The proponent is Forefront Services, an engineering and steel fabrication business that provides services such as engineering, design and drafting; steel and poly fabrication and installation; project management; structural steel installation; concrete cutting and coring; mining support services (including crusher rebuild and fixed plant maintenance); etc.

Examples of activities proposed for the use of this new workshop building include:

·    cutting, welding and grinding of steel

·    fabrication of steel components (e.g. structural steel for mining, agricultural, construction, government and private sectors)

·    poly welding to line pipework for the mining industry

·    storage of steel material, products, and components

·    typical office and administration activities, ancillary to the main industrial activity.

The applicant states that the majority of workshop activities are undertaken via fixed machinery, plant, and equipment, including grit blast equipment in a dedicated room with the required extraction and air quality system; spray paint booth with the required extraction and air quality system; lathes and grinders; welding equipment; and held and power tools.

The business is expected to employ 40 to 45 staff, and proposed hours of operation are 24 hours a day, 7 days a week.

Figure 2 – proposed site layout

(from submitted drawing number DA1 Rev A, by Bassman Drafting, and dated July 2018)


 

Existing Building and Proposed Storage Premises

It is proposed to use of the existing general industrial building for storage to support the operations of Forefront (e.g. steel supplies, poly pipe supplies, fabricated items for relevant sectors/clients, excavation plant such as bobcats).

The applicant notes, however, that it may not always be used solely by the Forefront operation, and consent is also sought to enable it to be used for storage by others (i.e. a ‘storage premises’). Rental of space within the building would be subject to an individual lease or leases, and the applicant envisages that the building may be used (but not limited to) the storage of mining industry equipment and items such as fabricated pipes, mill balls, emergency spare parts and the like; and plant or machinery for other industrial or business operators who require larger storage space away from their own site or operation.

Additions and alterations are also proposed to the existing building, including a new wash bay on the western elevation, and an adjacent chemical store shipping container (see Figure 2).

Proposed Storage Shed

It is proposed to erect a storage shed at the rear of the existing building, using a recycled building that was demolished from a site in Peisley Street, Orange (being the former CF Williams premises). The steel frame and corrugated galvanised iron wall and roof sheeting will be re-used. The shed will measure approximately 76m x 28m, be enclosed along three sides, with the eastern elevation remaining as open bays, and compacted gravel hardstand floor.

The shed will be used as part of the Forefront operation for the storage of steel supplies, products, and components.

Site Works

Proposed site works are depicted in Figure 2 and include:

·    construction of sealed vehicle manoeuvring and parking areas

·    provision of compacted gravel hardstand support areas

·    establishment of landscaping

·    installation of a new effluent disposal system.

The existing entrance near the south-eastern corner of the subject land will serve the development site. The proposed site layout will accommodate the turn path of a semi‑trailer, the largest vehicle likely to be associated with the proposal. New ramps are proposed at the rear (west) of the proposed new workshop building to address a change in levels and facilitate heavy vehicle movement around the site.

The applicant requests that only the car parking areas and principal vehicle paths in relation to the new workshop are sealed, and that the other areas of the site be permitted to remain as compact gravel hardstand.


 

Staging

It is proposed to undertake the development in stages as follows:

·    Stage 1: New workshop building; and use of existing industrial building for storage (to support main industrial activity, and also for use as storage premises by others).

·    Stage 2: Extension to new workshop building (‘workshop’).

·    Stage 3: Blast and paint rooms added to new workshop building; and wash bay added to existing industrial building.

·    Stage 4: Construct “recycled” building for storage to support main industrial activity.

BACKGROUND

DA 269/2017(1) – consent issued 19 September 2017 for general industry (use of, and additions and alterations to existing building), and construction of new industrial storage shed to rear. The subject proposal seeks to alter some of these approved arrangements, as well as construct alternative additions to the site, other than the rear storage shed, which is to remain much the same. Essentially the subject proposal will supersede this previous consent.

MATTERS FOR CONSIDERATION

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

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

There are four triggers known to insert a development into the Biodiversity Offset Scheme as follows:

·    Trigger 1: development occurs in land mapped on the Biodiversity Values Map (OEH) (clause 7.1 of BC Regulation 2017);

·    Trigger 2: development involves clearing/disturbance of native vegetation above a certain area threshold (clauses 7.1 and 7.2 of BC Regulation 2017); or

·    Trigger 3: development is otherwise likely to significantly affect threatened species (clauses 7.2 and 7.3 of BC Act 2016);

·    Trigger 4: development proposed to occur in an Area of Outstanding Biodiversity Value (clause 7.2 of BC Act 2016). This is generally not applicable to the Orange LGA; as no such areas are known to occur in the LGA. No further comments will be made against the fourth trigger.

In consideration of the above, the applicant submits the following:

-     “The proposal does not involve the clearing of native vegetation (or any other action prescribed by Clause 6.1 of the BC Regulation 2016) on land included on the Biodiversity Values Map published under Clause 7.3 of the BC Regulation 2016.

-     The proposal does not involve the clearing of native vegetation. A site inspection will reveal that the area to be cleared comprises gravel surfaces associated with the industrial use of the land and; denuded pasture grass cover associated with the previous agricultural use of the land.


 

-     The natural state of the site and surrounding area has been highly modified by the urban fringe land use pattern.

-     The subject land itself has been predominantly cleared for industrial and agricultural land use purposes and is virtually devoid of native timer. The potential for the site to attract less common native species is considered minimal. The habitat value of the site is low and it does not have realistic potential to re-establish into providing a habitat of value.

-     As such, the proposal is not likely to have an adverse effect on a threatened species; endangered ecological community; or a critically endangered ecological community or their habitat.

-     The subject land is not a declared area of outstanding biodiversity value”.

Council staff generally concur with these statements. Having regard to the relevant provisions and based on an inspection of the subject property, it is considered that the proposed development is not likely to significantly affect a threatened species. It is considered that a Biodiversity Development Assessment Report (BDAR) is not required in this instance.

Section 4.15

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

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

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under Subclause 2. Those relevant to the application are as follows:

(a)     to encourage development which complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

(b)     to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Orange in a way that allows present and future generations to meet their needs by implementing the principles for ecologically sustainable development,

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

The application is considered to be consistent with the above objectives, as outlined in this report.

Clause 1.6 - Consent Authority

This clause establishes that, subject to the Act, Council is the consent authority for applications made under the LEP.


 

Clause 1.7 - Mapping

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

Land Zoning Map:

Land zoned IN1 General Industrial

Lot Size Map:

Minimum Lot Size 4,000m2

Heritage Map:

Not a heritage item or conservation area

Height of Buildings Map:

No building height limit

Floor Space Ratio Map:

No floor space limit

Terrestrial Biodiversity Map:

No biodiversity sensitivity on the site

Groundwater Vulnerability Map:

Groundwater vulnerable

Drinking Water Catchment Map:

Not within the drinking water catchment

Watercourse Map:

Not within or affecting a defined watercourse

Urban Release Area Map:

Not within an urban release area

Obstacle Limitation Surface Map:

No restriction on building siting or construction

Additional Permitted Uses Map:

No additional permitted use applies

Flood Planning Map:

Not within a flood planning area

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

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

This clause provides that covenants, agreements and other instruments which seek to restrict the carrying out of development do not apply with the following exceptions:

·    covenants imposed or required by Council

·    prescribed instruments under Section 183A of the Crown Lands Act 1989

·    any conservation agreement under the National Parks and Wildlife Act 1974

·    any trust agreement under the Nature Conservation Trust Act 2001

·    any property vegetation plan under the Native Vegetation Act 2003

·    any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

·    any planning agreement under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.

Council staff are not aware of the title of the subject property being affected by any of the above.

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones

The subject site is located within the IN1 General Industrial zone. The proposed development involves new buildings and alterations and additions to the existing building, where the site is approved as and defined as ‘general industry’ under LEP 2011 as follows:

General industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.


 

To expand on that definition;

Industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.

The proposal also involves the storage of good, materials, etc. that are not related to the main use/occupier of the premises, which the applicant refers to as ‘others’. As this is not ancillary to the dominant use, separate consent is required for a ‘storage premises’, which is defined under the LEP as follows:

Storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.

Both general industry and storage premises are permitted with consent for this zone. This application is seeking consent.

Clause 2.3 - Zone Objectives

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. The objectives for land zoned IN1 General Industrial are as follows:

·    To provide a wide range of industrial and warehouse land uses.

·    To encourage employment opportunities.

·    To minimise any adverse effect of industry on other land uses.

·    To support and protect industrial land for industrial uses.

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

The proposal is consistent with the IN1 zone objectives as follows, and as outlined in the following sections of this report:

·    The proposal landuses are permitted in the zone and will complement each other, as well as other industrial landuses in the neighbourhood.

·    The proposed development may generate employment opportunities.

·    The proposed development does not involve processes or activities that would adversely impact on the amenity of nearby dwellings, and is unlikely to generate landuse conflicts.

·    The proposal will not compromise the use of the subject and adjoining lands for industrial purposes.

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

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.


 

Part 4 - Principal Development Standards

The LEP Part 4 Standards are not applicable to the proposed development.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

Clause 5.10 is applicable and states in part:

(4)     Effect of Proposed Development on Heritage Significance

          The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned.

In consideration of this clause, the subject site is located nearby to the following listed heritage items (see Figure 3):

·    Canobolas Wool Topmaking (former) – 390 Clergate Road.

·    Orange Abattoir (former) – 390 Clergate Road.

·    Wyelba (dwelling house) – 459 Clergate Road.

The subject site is also noted within Council’s Heritage Inventory, where it states the following:

“The quarry site is remnant location utilised for the supply of local stone to industry and the site retains examples of material left over from the business which has ceased to operate. The site consists of a landscape surrounded by traditional windbreak planting and includes a large scale contemporary industrial building utilised for the preparation of the stone into shapes and forms to suit industry. The building is steel framed with concrete block walls and includes crane gantry systems for moving the stone around the factory and the external environs”.

Figure 3 – aerial photograph of subject site (highlighted in blue) and surrounds,

including nearby heritage listed sites (shown in brown hashing)


 

The site is considered to be sufficiently separated from the nearby heritage listed sites (see Figures 1 and 3), being around 423m to Wyelba and 990m from Wool Topmaking/Abattoir, and as such was not referred to Council’s Heritage Advisor. It is considered that the proposal will not have adverse impacts on the heritage significance of the area due to the following:

·    the proposed new buildings have been designed to be clustered with and comparable to the bulk and form of the existing building, which will assist in maintaining its integrity

·    the proposed new buildings will be visually separated from the nearby listed heritage items as noted above

·    the proposed shed, although large in footprint, will be located to the rear of the existing building, and will be visually separated from the road and nearby listed buildings

·    the proposed development will not impact on the history of the site for its previous stoneworks use

·    the change of use of the existing building will not affect how it visually relates within the streetscape or to surrounding sites.

Overall, it is considered that the proposed development will not impact on the appreciation or understanding of heritage items in the vicinity, nor on the history of the subject site.

Part 6 - Urban Release Area

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

Part 7 - Additional Local Provisions

7.1 - Earthworks

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

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

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

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

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

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

(f)     the likelihood of disturbing relics

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

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


 

The earthworks proposed in the application are limited to the extent of cutting and filling required for the proposed buildings, structures, and vehicle access, manoeuvring and parking areas. The extent of disruption to the drainage of the site is considered to be minor and is unlikely to detrimentally affect adjoining properties or receiving waterways. Conditions of consent are recommended in regards to implementing a sediment control plan, including silt traps and other protective measures, to ensure that loose dirt and sediment does not escape the site boundaries during construction works.

It is considered that the extent of the earthworks will not materially affect the potential future use or redevelopment of the site that may occur at the end of the proposed development's lifespan.

The site is known to be contaminated and remediation will need to be carried out in accordance with the submitted Remediation Action Plan prior to the use of the site for the proposed development. This matter is discussed in greater detail in the SEPP 55 assessment later in this report.

The site is not known to contain any Aboriginal, European or Archaeological relics. While previous known uses of the site do not suggest that any relics are likely to be uncovered, conditions of consent are recommended to ensure that should site works uncover a potential relic or artefact, works will be halted to enable proper investigation by relevant authorities and the proponent required to seek relevant permits to either destroy or relocate the findings.

7.3 - Stormwater Management

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

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

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

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

Council’s Development Engineer has reviewed the proposal and requires stormwater detention and WSUD stormwater quality measures to be implemented, and relevant conditions of consent are recommended to this effect. It is noted that the existing dam adjacent to the buildings may be capable of use for a combined detention/treatment system; and WSUD targets suitable for wetland treatment are included in the recommended conditions of consent.

It is considered that the existing un-sealed access off Clergate Road, and internal gravel driveways and manoeuvring areas are unsatisfactory in their current form, and compliance with the Council’s Development and Subdivision Code will need to be achieved, including sealing of the vehicle entrance and internal driveways and parking areas. Relevant conditions of consent are recommended in regards to this matter.


 

7.6 - Groundwater Vulnerability

This clause seeks to protect hydrological functions of groundwater systems and protect resources from both depletion and contamination. Orange has a high water table and large areas of the LGA, including the subject site, are identified with “Groundwater Vulnerability” on the Groundwater Vulnerability Map. This requires that Council consider:

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

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

Furthermore, consent may not be granted unless Council is satisfied that:

(a)     the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)     if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact,

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

Council’s Environmental Health officer has reviewed the proposal, and it is considered that the proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems, subject to recommended conditions of consent. In particular, the premises will be required to enter into a Trade Waste Agreement with Council, which will manage and monitor the activities on the site in relation to liquid discharges. Furthermore, onsite stormwater treatment is required, as well as a new onsite sewer management system, and relevant conditions of consent are recommended. The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion.

Overall the design and siting of the proposal avoids impacts on groundwater and it is considered to be consistent with Clause 7.6.

Clause 7.11 - Essential Services

Clause 7.11 applies and states:

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

(a)     the supply of water,

(b)     the supply of electricity,

(c)     the disposal and management of sewage,

(d)     storm water drainage or onsite conservation,

(e)     suitable road access.


 

In consideration of this clause, all utility services are or can be made available to the land and adequate for the proposal. In particular a new onsite sewage management system is proposed, and Council’s Development Engineers require onsite stormwater management, as well as some upgrading works in relation to the access, driveway, and parking areas. Relevant conditions of consent are recommended.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 - Remediation of Land

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

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

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

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

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

A Primary Contamination Investigation (prepared by Envirowest Consulting, report number R7970c, and dated 19 December 2018) was carried out for the site, and identified hydrocarbon stained areas associated with storage of machinery and equipment across an existing storage pad.

Subsequently, a Remediation Action Plan (‘RAP’) (by Envirowest Consulting, report number R7970rap, and dated 20 August 2019) was developed in support of the application, to remediate the impacted areas, thus enabling the proposed commercial/industrial land use. The RAP recommends Environmental Scientist supervised excavation and disposal of the hydrocarbon impacted soil, followed by validation, in accordance with SEPP 55 and EPA guidelines.

Council’s Environmental Officer has reviewed the RAP and concurs generally with its conclusions and recommendations, and recommends a condition of consent requiring the validation report to be submitted prior to issuing of an Occupation Certificate.

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

From 31 January to13 April 2018 the Department of Planning and Environment publically exhibited an Explanation of Intended Effect (EIE) and Draft Planning Guidelines for the proposed Remediation of Land SEPP, which will repeal and replace State Environmental Planning Policy 55 – Remediation of Land (SEPP 55). Of particular note, the Draft Planning Guidelines state:


 

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

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

It is considered that the submitted RAP adequately address these matters, where it has addressed pervious and current uses, and potential contamination on the site and in the surrounding area.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s4.15(1)(a)(iii)

Development Control Plan 2004

Development Control Plan 2004 (“the DCP”) applies to the subject land. An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

Chapter 0 Transitional Provisions - PO 0.4-10 Residential Proximity

Industrial development typically has the potential to generate adverse impacts on surrounding land, and must therefore be designed and operated in a manner that minimises impacts. This clause applies to development on land in the IN1 General Industrial zone that is within 800m of residential zones or established dwellings in any zone.

The relevant DCP planning outcomes are as follows:

·    The design of industrial and commercial development is consistent or compatible with nearby residential areas in terms of design, siting and landscaping.

·    The hours of operation, traffic and noise generation do not interfere with reasonable expectations of residential amenity.

·    Noise-generating activities are contained within the building where practicable.

·    Industrial air conditioning compressors are shielded to direct noise away from residential development.

·    Car park and security lighting is positioned and shielded to prevent direct light spill onto residential properties.

·    Measures to prevent dust, odour and chemical spray from reaching or affecting residential properties must be demonstrated.

·    The design must demonstrate how residential privacy and solar access will be maintained.


 

The applicant has submitted an Operational Noise Impact Assessment (prepared by Wilkinson Murray, Report No. 17116 Version B, and dated September 2018) in support of the application. The nearest residential zone is around 295m to the southwest, but does not yet contain any dwellings. The nearest residential zone which contains existing dwellings is located around 529m to the south. The next closest existing residential dwelling is around 660m to the west, as shown in Figure 4 below, taken from the submitted noise report (see R1 – number 73 Beer Road).

Figure 4 - aerial photograph of subject site and nearby sensitive receivers

It is noted that Amendment 13 of the LEP recently rezoned Clergate Hills (i.e. the former abattoir and associated farmland to its north on the east side of the railway line) into R5 Large Lot Residential, RE1 Public Recreation, and E4 Environmental Living land, to be known as ‘Rosedale Gardens’.

Although the submitted noise report does not directly address this rezoned land, which was in draft form at the time of lodging this application, there is industrial land zoning between the subject land and the rezoned residential land, and the most sensitive nearby dwellings and residential zones have been taken into account. Furthermore, that rezoning proposal took into account neighbouring zones and existing uses, and potential land use conflicts between them. Pursuant to the amendment, that land is now an ‘Urban Release Area’, and applications for subdivision and development cannot be lodged until a site-specific Development Control Plan has been prepared and adopted. It is likely physical separation and landscaping buffers will be put in place between future residential lots and neighbouring conflicting land uses, including existing orchards and industrial land.


 

The applicant makes the following comments in relation to the DCP residential proximity planning outcomes:

-     “The design, siting and landscaping of the development is not expected to adversely affect or have implications in regard to the identified dwellings or future residential area. The interface between the residential areas and the proposed development is diminished by the generous physical separation.

-     The proposed development is considered satisfactory. While 24-hour operation is proposed, the Noise Impact Assessment by Wilkinson Murray demonstrates that the development will comply with the established noise criteria at the existing and likely future residential receivers.

-     [Noise] is addressed generally in the submitted Operational Noise Impact Assessment by Wilkinson Murray.

-     It is suggested that the separation between the site and the identified residential receivers is such that noise from air conditioning units on the subject land would be difficult to detect.

-     Should air conditioning units generate unacceptable noise impacts upon the identified residential receivers, it is possible to set them within an acoustic enclosure if required.

-     The potential for site lighting to impact upon the residential area is considered minimal due to the physical separation that exists between the subject land and the identified residential receivers. In any case, new lighting required by the development will be affixed to the buildings where possible with a reasonably low level of brightness and be directed downwards so that light scatter towards neighbours or Clergate Road.

-     An approved paint booth will be installed.

-     An approved dust extraction system will be installed for the blast room.

-     Much of the compacted gravel hardstand exists and is well consolidated to form a low dust surface.

-     Vehicle movements over the compacted area are expected to be relatively modest. The potential for raised dust will be minimised by ensuring that drivers exercise responsible driving techniques and slower speeds onsite. The ability to manage driver behaviour within the site is assisted by the site layout itself which will only permit slow vehicle speeds plus the fact that the majority of drivers that are likely to attend the site are either employees or associates of the proponent.

-     The site is reasonably well separated from sensitive land uses.

-     Subject to the installation of these items, the development is not expected to unreasonably affect the neighbourhood in terms of dust, odour or other atmospheric discharges.

-     Due to the relatively generous separation between the subject land and the identified residential receivers, the potential for the proposed development to generate adverse shadow or privacy impacts impact is nil”.


 

Council staff generally concur with the comments made by the applicant. In particular:

Site Layout and Design

Due to separation distances to neighbouring dwellings, residential privacy and solar access will be maintained. A condition of consent is recommended to ensure that any outdoor lighting is positioned and shielded to prevent direct light spill onto residential properties, in accordance with the relevant standards. Landscaping is addressed in more detail in the DCP Chapter 9 provisions later in this report.

Air Quality

Conditions of consent are recommended in relation to the operation of the paint booth and washbay to minimise environmental and amenity impacts. In particular, all external doors and windows of the spray painting and grit blasting workshops shall remain closed during their operation, and that the ventilation systems are used in accordance with the manufacturer’s instructions.

It is noted that the applicant requests that Council only require sealing of the principal vehicle areas as indicated in the site plan, and that the other areas associated with the development be permitted to remain as compacted gravel hardstand, for the reasons outlined above. However, Council’s Development Engineers require all driveway and parking areas to be sealed for expected loading conditions, and in accordance with the Orange City Council Development and Subdivision Code, predominately to minimise environmental impacts, but which will also serve to minimise dust impacts to nearby residential properties.

Noise

The submitted Noise Impact Assessment accounts for construction of additions and alterations; the principal activities of steel fabrication, including grit blasting, the paint booth extraction system, welding, lathes and grinders, and hand held and power tools; and vehicle movements including truck brakes. Predicted noise levels are based on typical worst-case operating scenario, taken from an existing Forefront steel fabrication facility in Port Botany, which is a similar scale to the proposal. The assessment also assesses the proposed operational hours of the development being 24 hours a day, 7 days a week, and the cumulative noise generated from all industrial noise sources in the area, including the subject development. The assessment concludes that the noise predictions will comply with the relevant noise trigger levels over the day, evening, and night periods at all existing receivers and likely future residential receivers.

Council’s Environmental Health Officer has reviewed the submitted information, and generally concurs with the comments and information provided by the applicant, subject to the following recommendations:

(1)     Appropriate measures must be implemented to achieve compliance with the project noise trigger levels for all receivers identified in Table 4-4 of the noise report.

(2)     A Commissioning Report which assesses actual noise emissions from all operations of the development be submitted to Council within three months of the issue of an Occupation Certificate. If that report requires additional noise attenuation works to be carried out, these works shall be undertaken within 28 days.


 

(3)     When noise intensive activities are being carried out inside the workshop between the hours of 10pm and 7am, the workshop doors must be kept closed (unless required to be opened in an emergency, or when manoeuvring vehicles in and out of the workshop, during which time all other noise intensive activities/works in the workshop are to cease until the doors are closed).

(4)     The performance of the development in terms of noise shall be verified through testing at nearby receivers within six months of the occupation of the building, and a copy of the Verification Report, and certification that any additional mitigation works identified in the report have been completed, be submitted to Council.

Traffic

The applicant submits that the proposal would not cause unacceptable traffic impacts for the following reasons:

-    “The subject land is an existing industrial site within the Clergate industrial area with a certain level of traffic already attributed to it. As such, the premises represent a well‑established component of the local traffic regime.

-    The traffic generated by this proposal would integrate reasonably with established traffic levels within the surrounding road network.

-    The existing access is well setback from the traffic lanes along Clergate Road and will accommodate the largest vehicle likely to be associated with the proposed use.

-    The site and driveway layout will enable all vehicles likely to be associated with the proposed use to enter and exit in a forward direction at all times.

-    The proposed parking arrangements are considered satisfactory.”

Council staff generally concur with these points. Car parking is discussed in greater detail in the DCP Chapter 15 assessment later in this report. As noted earlier in this report, the existing vehicle entrance needs to be upgraded to RTA Guidelines for Intersections to accommodate a 19m semi-trailer, which includes a new road opening permit requirements. Relevant conditions of consent are attached.

Overall, subject to the recommended conditions of consent in regards to siting and operation, it is considered that the proposal is unlikely to adversely impact on residential amenity, and meets the ‘Residential Proximity’ Planning Outcomes.

Chapter 4 Special Environmental Considerations - PO 4.1-1 Sewage Disposal

The DCP requires urban development to be connected to an appropriate sewerage system. For the purposes of this clause, industrial development of land in the Clergate Road Industrial Area (CRIA), north of Farrell Road for dry industries may proceed without a sewer connection, provided that the area of the land is sufficient to meet the wastewater demand of the development. The following outcome applies:

·    Where sewerage services are not provided, onsite disposal of effluent is designed and implemented in accordance with the relevant guidelines for onsite sewage management systems.

As the site is not serviced by a reticulated sewer main, the disposal of effluent is required to be undertaken via onsite means.


 

As noted earlier in this report, the existing septic system on the site is not suitable for continued use, and a new effluent disposal system has been proposed. An ‘Onsite Effluent Management Study’ (prepared by Envirowest Consulting, and dated 2 May 2017) has been submitted in support of the application, and has proposed two possible onsite systems, being an absorption or evapotranspiration absorption trench, or a surface or sub-surface irrigation system.

Council’s Environmental Health officers have reviewed the submitted report, and consider the recommendations to be suitable for the site, and recommend a condition of consent that the development is carried out in accordance with that study. Overall, the proposal meets the sewage disposal planning outcome.

Chapter 9 Development in Industry and Employment Zone – PO 9.3-1 Industrial Site Development

Chapter 9 of the DCP applies to this application. The following outcomes are relevant:

·    Buildings are set back a minimum of 10m from front boundaries for lots greater than 1,000m2 or 5m for lots less than 1,000m2 or otherwise to a setback consistent with existing setbacks in established areas. A 10m setback applies to lots that have frontage to Clergate Road.

The subject land comprises an area of more than 1,000m2, as such the applicable front setback is a minimum of 10m. The submitted proposed site plan shows the new workshop building to have a front boundary setback of at least 17.5m from the front road boundary, in accordance with this planning outcome. All other additions and alterations are set behind the existing building.

·    Buildings cover up to 50% of the site area (excluding the area of accessways for battleaxe lots).

Upon completion, the proposed development will comprise a total building footprint of approximately 7,203m2. Based on the site area of 10.52 hectares, the development will have site coverage of less than 7%, well below the maximum site coverage set by this planning outcome.

·    Architectural features are provided to the front building façade to provide relief using such elements as verandahs, display windows, indented walls etc.

·    External materials consist of non-reflective materials.

The visual appearance of the proposal is considered acceptable, where the front façade of the new main building has been designed to provide architectural interest and visual relief to what is essentially an industrial building. The mix of materials and finishes (concrete tilt panel, Colorbond wall sheeting, and translucent wall sheeting) will assist to break the large elevations of the shed section of the building. The front office section of the building offers a more commercial type of presentation, adopting a modern rectilinear design with reasonable articulation, a mix of building finishes, shopfront glazing, entry portal treatment, and smooth sheet wall cladding. The external finishes include subdued tones and low-reflective finishes as encouraged by the DCP.


 

The proposed storage shed, wash bay and storage area additions are to the rear of the site, behind the existing main building. Subject to its condition and practicality, the applicant intends to re-use the original wall and roof sheeting from the recycled building, otherwise, new wall and roof sheeting with a low reflective finish would be used.

Furthermore, the proposed landscaping along the front boundary and around the proposed front parking area will screen and soften the development when viewed from Clergate Road, as discussed below.

·    Landscaping is provided along boundaries fronting roads including trees with an expected mature height at least comparable to the height of buildings on the site. All sites contain an element of landscaping. Landscaping provided is of a bulk, scale and height relative to buildings nearest the front property boundary so as to provide beautification and visual relief to the built form proposed or existing on the site. The depth of the landscape bed at the site frontage is sufficient to accommodate the spread of plantings that meet the abovementioned outcomes but, where practicable, a minimum depth of 3.5m is provided. Plantings are designed to provide shade for parking areas, to break up large areas of bitumen, to enhance building preservation and to screen against noise.

The submitted drawings show that landscaping will be provided along the Clergate Road frontage within a minimum 3.5m wide bed, and will incorporate plantings that provide some screening at intermediate level (i.e. 4-5m in height). There are existing eucalyptus trees along the front boundary, which are around 10m in height, providing screening to a height commensurate of the main industrial buildings (existing and proposed). Overall, the proposed landscaping is considered acceptable.

·    Adequate parking and onsite manoeuvring is provided.

As assessment of car parking and manoeuvring is carried out in DCP Chapter 15 later in this report.

·    Security fencing is located or designed in a manner that does not dominate the visual setting of the area.

No changes are proposed to existing fencing.

·    Advertising involves business identification signs within the front façade and/or by pole sign comparable to the relative height of the main building on the site.

There is no advertising signage proposed by this application.

Chapter 9 Development in Industry and Employment Zone – PO 9.4-1 Clergate Road Industrial Area

Additional requirements have also been set out for the Clergate Road Industrial Area, and the relevant planning outcomes are as follows:

·    Clergate Road is upgraded to a rural collector road with a formed pavement width of 9m (sealed carriageways of 7m).

·    New roads are constructed with kerb and gutter and associated drainage structures.


 

Council’s Development Engineers have reviewed the proposal and recommend that the entrance be upgraded and sealed, including the installation of pipes and culverts, in accordance with the Orange City Council Development and Subdivision Code. Relevant conditions of consent are recommended.

Chapter 9 Development in Industry and Employment Zone – PO 9.6-1 Industries Near Residential Areas

·    Applications for development that has the potential to impact on residential areas in the vicinity identify likely impacts and outline reasonable mitigation measures.

·    Industries with potentially significant off-site impacts are located well away from areas zoned residential or rural residential and take into account the proximity to existing houses.

These outcomes have been discussed in PO 0.4-10 “Residential Proximity” earlier in this report.

Chapter 13 - Heritage

·    Development relates to the significant features of heritage buildings on or near the site, as reflected in inventory sheets.

·    Development conforms with recognised conservation principles.

·    Conservation Management Plans are prepared for development having a significant effect on heritage site.

As outlined in the previous LEP assessment, the proposed development is unlikely to have adverse impacts on the heritage significance of the nearby listed items. A conservation management plan is not required for the proposal.

Chapter 15 - Car Parking

·    Adequate off-street car parking is provided in accordance with the Table, or alternatively, according to an assessment that demonstrates peak parking demand based on recognised research.

For industrial and warehouse uses, the DCP requires parking to be provided at the rate of one (1) space per 100m2 of gross floor area (GFA) or one(1) space per two employees (peak shift), whichever is the greater.

The applicant has requested that Council not attribute any parking demand to the new rear storage shed, given that it is open along its entire eastern frontage, would only be provided with a compacted gravel floor, and would essentially function as a covered outdoor storage area to support the Forefront operation (i.e. not be occupied by staff and no additional facilities provided). On this basis, it is requested that Council only impose a parking requirement for the proposed workshop building and the existing building to be used as ancillary and/or storage by others.

Using the DCP rate; the proposed new industrial building has a GFA of 2,561.9m2, and the existing building (for storage) has a GFA of 2,610m2. The total GFA of 5,171.9m2 generates a parking need for 51.7 (52) spaces. The proposed site plan provides for a total of 56 spaces on the site, which is considered to more than satisfy the DCP parking requirement.


 

Based on the DCP requirement for employee parking, the applicant notes that proposed parking resources would cater for up to 112 employees, however, the subject business is only expected to employ 40–45 people. As such, ample car parking can be provided for on the site.

The proposed driveway system accommodates the turn path of a semi-trailer, however, will need to be upgraded to a suitable standard, as discussed earlier in this report. All vehicles likely to be associated with the site will be able to enter and exit in a forward direction due to generous manoeuvring areas around the site. Council’s Development Engineers require all parking and driveway areas to be sealed, despite the applicant’s request for some areas to be retained as gravel hard stand. As discussed previously, this is required to minimise impacts on the environment, as well as residential amenity.

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

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 93)

Council’s Environmental Health and Building Surveyor notes that fire safety considerations are to be assessed at the Construction Certificate stage, however, general compliance can be achieved. Relevant conditions of consent are recommended.

Buildings to be Upgraded (clause 94)

Council’s Environmental Health and Building Surveyor notes that upgrading of the existing building will be required to ensure the existing building is brought into partial or total conformity with the Building Code of Australia. Conditions of consent are recommended in relation to the required upgrading works.

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development. A Section J energy efficiency statement will be required with the Construction Certificate application.

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

Visual and Heritage Impacts

As discussed in the main assessment above, the visual presentation of the proposed additions to the street, neighbours, and in relation to nearby heritage listed buildings are acceptable. The existing and proposed landscaping will assist in blending the site in with the streetscape, and the surrounding environment. Furthermore, the relationship between the subject land and the nearby heritage items and residential dwellings are is diminished due to the physical separation caused by distance. There are no aspects of the proposal that have the potential to impact upon views to or from the identified heritage items, nor materially affect the identified heritage items.

Overall, adverse visual and heritage impacts are unlikely.


 

Noise Impacts

As discussed in the main body of the report, a Noise Impact Assessment indicates the 24 hour a day, 7 days a week operations will comply with the relevant noise levels. Council’s Environmental Health officer recommends operational conditions of consent, as well as additional reporting to be carried out to ensure compliance. Furthermore, the proposal will improve the function of the site for industrial purposes, ensuring all noisy activities are contained within the new building and extensions.

Overall, subject to operational conditions, adverse noise impacts to nearby residential dwellings and zones is unlikely.

Environmental Impacts

The proposed layout, design, and operation of activities onsite; installation of a new onsite septic system, and recommended construction and operational conditions of consent will ensure that potential impacts on the environment are minimised. In particular all driveway and car parking areas need to be sealed to minimise dust impacts; blasting and painting will be carried out within specifically designed areas to minimise odour and air quality impacts; and a Trade Waste agreement needs to be entered into with Council to minimise water quality impacts.

Overall, subject to operational conditions, it is considered that adverse environmental impacts are unlikely.

Traffic Impacts

It is considered that adverse traffic and car parking impacts are unlikely for the following reasons:

·    sufficient car parking can be provided on the site for the proposal, where more parking will be provided than required by the DCP

·    traffic associated with the proposed development is via the existing road network, which is capable of increased traffic movements, subject to some upgrading of the entrance/access as discussed in the main body of the report

·    sufficient manoeuvring will be available on the site. Although the applicant has requested that some of these areas remain in gravel hardstand, Council’s Development Engineers require all driveway and car parking areas to be sealed to an all-weather standard.

Impacts on Residential Amenity

Due to separation distances to neighbouring dwellings, residential privacy and solar access will be maintained, and visual amenity impacts are unlikely. As discussed above, adverse air quality, water quality, and noise impacts are unlikely subject to the development adhering to operational conditions.

Waste Management Impacts

The applicant states that operational waste will be managed as follows:

-     If any liquid wastes are produced, they will be stored in appropriate containers in a bunded area for collection by an approved contractor for recycling or disposal.


 

-     Steel parts and off-cuts will be stored in appropriate bins and sold as scrap for recycling.

-     Cardboard, certain plastics and other recyclables will be stored in appropriate bins for recycling.

-     Non-recyclable waste will be stored in a bulk garbage bin for disposal at the council waste disposal facility.

Council staff concur with these comments. There is ample space on the site to provide for waste bins and waste storage, and provide for their collection/disposal by trucks. Overall, it is considered that adverse waste impacts are unlikely.

Social and Economic Impacts

The proposed development has the potential to generate positive social and economic effects due to the following:

·    the development makes use of currently underutilised industrial premises within the City of Orange

·    the proposal will facilitate the expansion of an existing and well established local business and will assist to increase employment opportunities

·    the proposal will complement and enhance the role of Orange as a major regional business centre

·    the construction phase of the development will provide short term economic benefits due to the engagement of contractors and purchase of materials.

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

The subject site is suitable for the proposed development due to the following:

·    industrial and storage uses are permitted in the zone, and the proposal involves the continuation and intensification of the approved industrial use of the site

·    the proposal is a use that is compatible with surrounding industrial and agricultural uses, and conditions of consent are recommended to protect the amenity of nearby dwelling houses and residential zones

·    onsite car parking, manoeuvring and access is acceptable, and conditions of consent are recommended to be upgrade and construct these to an acceptable standard

·    conditions of consent are recommended to minimise environment impacts

·    utility services are, or can be made available/ be upgraded for the site.

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

The proposed development is not defined as “advertised development” under the provisions of the DCP, and as such no formal exhibition of the application was required. Notwithstanding this, neighbouring properties were notified. Exhibition closed 22 February 2019 and one (1) submission was received.


 

Following a request for additional information by Council staff regarding contamination on the site, the applicant submitted a Remediation Action Plan (RAP), and the application was amended to involve remediation works. Pursuant to the EP&A Act and SEPP 55, the amended application and category 1 remediation works was exhibited for a period of 30 days. Exhibition closed 31 August 2019 and no further submissions were received.

The one submission received notes that there is no specific objection to the proposal, however, requests the Council gives consideration to the following matters (summarised):

-     External sand blasting currently occurs at the site with significant noise impacts to neighbouring properties, and the noise assessment is silent on whether the operations at the similar site included blast rooms;

Staff comments: as discussed in the main body of the report, noise has been assessed by Council’s Environmental Health officers, and conditions of consent are recommended to manage potential noise impacts. A dedicated blasting and painting facility is proposal as part of this application.

-     No details on how waste water associated with the proposed wash bay is managed, what sort of vehicles are to be washed, whether this would be a private or commercial feature of the site, or where water is sourced from to supply the wash bay.

Staff comments: the subject site is connected to town water (and the proponent must adhere to Council’s water restrictions), and a Trade Waste Agreement needs to be entered into, which manages discharges under separate cover to the development consent.

-     No detailed assessment of traffic (numbers utilising the access point, speed of passing vehicles, adequacy of the existing access, no swept path analysis etc.).

Staff comments: as discussed in the main body of this report, Council’s Development Engineers have assessed traffic, access, and onsite manoeuvring, and require access upgrading, and sealing of all driveway and parking areas on the site to ensure the site is appropriate for the development. Turn circles have been provided on the submitted site plan, which demonstrates manoeuvring can be carried out by a 19m articulated vehicle, which is considered suitable for the site. It is acknowledged that the traffic volumes for the site will be increased as a result of the proposed development, which intensifies the use of the site, however, subject to recommended upgrades, the site and Clergate Road are capable of the proposed increase.

-     The SEE fails to discharge the obligations pursuant to Clause 7 of SEPP55 (i.e. detailed history of the historic site usage, current use of the site for storage of heavy vehicles, etc.).

Staff comments: as discussed in the main body of this report, a Primary Contamination Investigation and Remediation Action Plan (RAP) have been prepared and submitted in support of this application. As contamination has been found on the site, remediation needs to be undertaken to ensure that the site is suitable for the proposed use. Council’s Environmental Health officers are satisfied with the recommendations set out in the RAP.


 

-     No information about the management of the proposed storage premises is provided, in the event it operates independently of the remainder of the site. How will access be managed? What security measures are proposed? How is parking associated with the storage use proposed? Discussion of storage is limited to storage of ad hoc supplies by the applicant and provides no description of independent storage activities.

Staff comments: Council requested additional information in regards to the storage use, which is discussed in the “Proposal” section of this report. If the existing building is used as storage for the main industrial use of the site (i.e. the same tenant), it would be considered an ancillary component, and would not need separate consent. However, the applicant seeks the flexibility to be able to use the building as a separate storage (i.e. could be leased/tenanted separately). Storage facilities are permitted in the zone with consent. This storage use will be subject to all the same operational conditions for the site, whether it be operated ancillary or separate to the main use. Car parking has been assessed for the floor area of all buildings on the site (except the open storage shed to the rear), and sufficient provision can be accommodated on the site for both uses. Security and lease arrangements can be managed by the operator, and it is not considered necessary for Council to be involved in the day-to-day management of the use of the site.

-     No details of an Aboriginal heritage due diligence assessment have been provided and we form the view the relevant obligations under the National Parks and Wildlife Act have not been discharged.

Staff comments: No details have been provided in the application, however, a search of NSW Office of Environment and Heritage AHIMS (Aboriginal Heritage Information Management System) demonstrates that there are no aboriginal sites or places recorded or declared in or near the subject location (search date 5 March 2020).

-     Given the potential increase in activity on the site and the primary production status of the land, it is requested that a vegetated or similar buffer of at least 20m width and 15m height, consisting of appropriately species, on the northern and western boundaries of the subject site is provided to ameliorate some noise impacts to grazing cattle and other stock, and a visual buffer between the differing land uses.

-     Stock are highly disturbed by industrial activities, especially external sand blasting (which may improve if moved inside), external traffic, and other activities will increased in scale. The buffer would provide a reasonable aural and visual buffer between these two distinctly different land uses.

Staff comments: the subject land is an existing industrial site, has a long standing history for industrial use (even though it remained vacant for a period of time), and is zoned for industrial use. Given the separation distance between the proposed additions and uses of the subject site to the northern and western boundaries (some 122m to the north and 280m to the west from the proposed workshop building, i.e. where the noisiest activities take place) it is not considered necessary or reasonable to provide screening along all boundaries. Although the proposal increases the intensity of the use of the site, there are no dwellings in close proximity to the north or west to be adversely impacted (noise, visual amenity, privacy, etc.), as discussed in the main body of this report. The adjacent agricultural zoning and grazing use of neighbouring land is not considered a sensitive use that requires buffering from an industrial zone or use.

-     A review of the Blayney Cabonne Orange Rural and Industrial Land Use Strategy 2008 (BCO) and Sustainable Settlement Strategies are being carried out by the respective Councils, which will consider the suitability of utilising the land to the west and north of the subject site for future industrial purposes (as is currently proposed by the BCO). The submitter intends to request that the land be used for residential and rural residential purposes (during the public consultation periods), which would result in residential properties adjacent to the northern and western boundaries of the subject site. Such a buffer, if required in the future, could not retrospectively required in relation to the industrial land use, but it is appropriate to provide it on the industrial land at this stage.

Staff Comments: the assessment of this subject application needs to be carried out based on current zoning, or any formal rezoning proposal. The submitters proposed future rezoning of land to the north and west is not before Council, therefore is not relevant to this case. This application is not the appropriate stage to assume potential rezoning of adjacent land, and potential impacts and the need for buffers to be put in place or not will be assessed at that time. It is noted that the recent rezoning to the east by the submitter has already been taken into account, as discussed in the main body of this report.

PUBLIC INTEREST s4.15(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. The proposal is not inconsistent with any relevant policy statements, planning studies, guidelines etc that have not been considered in this assessment.

SUMMARY

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

COMMENTS

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

 

 

Attachments

1          Notice of Approval, D20/13140

2          Plans, D20/12924

3          Submission, D20/12926

 


Council Meeting                                                                                                           7 April 2020

Attachment 1      Notice of Approval

 

ORANGE CITY COUNCIL

 

Development Application No DA 332/2018(1)

 

NA20/                                                                     Container PR2610

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

 

Development Application

 

  Applicant Name:

Forefront Services

  Applicant Address:

C/- Peter Basha Planning & Development

PO Box 1827

ORANGE  NSW  2800

  Owner’s Name:

Clout Redfern Investments Pty Ltd

  Land to Be Developed:

Lot 62 Pce SC DP 559515 - 345 Clergate Road, Orange

  Proposed Development:

General Industry (new industrial buildings, and additions and alterations to existing building) and Storage Premises

 

 

Building Code of Australia

 building classification:

 

As determined by Certifier

 

 

Determination made under

  Section 4.16

 

  Made On:

7 April 2020

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

8 April 2020

Consent to Lapse On:

8 April 2025

 

Terms of Approval

 

The reasons for the imposition of conditions are:

(1)      To maintain neighbourhood amenity and character.

(2)      To ensure compliance with relevant statutory requirements.

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

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

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

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

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

 

 

 

 

Conditions

 

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

 

(a)      Plans numbered: DA 1, 2, 4, and 7 Rev A, and DA 3, 5, 6, 8, and 9, prepared by Bassman Drafting, and dated July 2018 (9 sheets)


 

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

 

as amended in accordance with any conditions of this consent.

 

 

PRESCRIBED CONDITIONS

 

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

 

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

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

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

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

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

 

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

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

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

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

 

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(5)      An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for alterations to water and sewer. No plumbing and drainage is to commence until approval is granted.

 

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

 

(7)      Council/Accredited Certifier is to be provided with a Fire Safety Upgrade Report prepared by a suitably qualified person. The report is to specify upgrade works proposed in order to bring the existing building into compliance with the Building Code of Australia. Where the report recommends the use of an alternative fire engineered solution, specific design details must be provided to Council/Accredited Certifier with the report. Please note that an alternative solution must be carried out by a certified Fire Engineer.

 

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


 

(9)      The existing vehicle entrance providing access to the development from Clergate Road shall be upgraded to a bitumen sealed standard with minimum 200mm thick gravel incorporating a pipe culvert.

The pipe culvert is to consist of minimum 375mm diameter stormwater pipes and 2 concrete headwalls. Where it is not possible to construct a pipe culvert, due to shallow depth of table drain or the entrance being located on a crest, a 2 metre wide by 100mm deep concrete dish drain may replace the pipe culvert.

The entrance is to be constructed in accordance with the RTA Guidelines for Intersections at Grade Figure 4.9.7 Rural Property Access with Indented Access and designed to accommodate a 19m semi-trailer. The construction is to be as per the requirements of the Orange City Council Development and Subdivision Code.

Engineering plans, showing details of the vehicle access and traffic management works, shall be submitted to Orange City Council and approved prior to the issue of a Construction Certificate.

 

(10)    Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made.  The contributions are based on 4.5 ETs for water supply headworks.  A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

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

 

(11)    All stormwater from the site is to be collected and piped to a stormwater treatment system. The design and construction of the stormwater treatment system for the development shall ensure that the quality of stormwater leaving the developed areas of the site shall achieve the following stormwater quality targets:

·      90% reduction in the post development average annual gross pollutant (>5 millimetres) load.

·      75% reduction in the post development mean annual load of Total Suspended Solids (TSS);

·      55% reduction in the post development mean annual load of Total Phosphorus (TP);

·      35% reduction in the post development mean annual load of Total Nitrogen loads (TN).

Engineering plans for this stormwater treatment system shall be submitted to and approved by Orange City Council prior to the issuing of a Construction Certificate. The applicant shall undertake comprehensive water quality modelling on for the site, using an accredited assessment tool (recommended using Music™ or other approved assessment tool) and shall include copies of the electronic data files. Modelling shall be undertaken for both pre and post development scenarios.

 

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

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

·    catchment plan showing sub-catchments under existing and developed conditions

·    schematic diagram of the catchment model showing sub areas and linkages

·    tabulation detailing the elevation, storage volume and discharge relationships

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


 

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

 

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

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

 

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

 

 

PRIOR TO WORKS COMMENCING

 

(15)    A Construction Certificate application is required to be submitted to, and issued by Council/Accredited Certifier prior to any excavation or building works being carried out onsite.

 

(16)    A temporary onsite toilet is to be provided and must remain throughout the project or until an alternative facility meeting Council’s requirements is available onsite.

 

 

DURING CONSTRUCTION/SITEWORKS

 

(17)    If Aboriginal objects, relics, or other historical items or the like are located during development works, all works in the area of the identified object, relic or item shall cease, and the NSW Office of Environment and Heritage (OEH), and representatives from the Orange Local Aboriginal Land Council shall be notified. Where required, further archaeological investigation shall be undertaken. Development works in the area of the find(s) may recommence if and when outlined by the management strategy, developed in consultation with and approved by the OEH.

 

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

 

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

 

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

 

(21)    Asbestos containing building materials must be removed in accordance with the provisions of the Work Health and Safety Act 2011 and any guidelines or Codes of Practice published by Safe Work NSW, and disposed of at a licenced landfill in accordance with the requirements of the NSW EPA.

 

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

 

(23)    The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.


 

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the development from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

 

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

 

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

(25)    A total of 56 off-street car parking spaces shall be provided upon the site in accordance with the approved plans, and the provisions of Development Control Plan 2004; and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

 

(26)    Prior to the issuing of an Occupation Certificate landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

 

(27)    No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.

 

(28)    The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

 

(29)    Where Orange City Council is not the Principal Certifying Authority, a final inspection of water connection, sewer and stormwater drainage shall be undertaken by Orange City Council and a Final Notice of Inspection issued, prior to the issue of either an interim or a final Occupation Certificate.

 

(30)    The cut and fill is to be retained and/or adequately battered and stabilised (within the allotment) prior to the issue of an Occupation Certificate.

 

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

 

(32)    Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

 

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

 

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

 

(35)    Prior to the issue of an occupation certificate, appropriate measures must be implemented to achieve compliance with the project noise trigger levels for all receivers identified in Table 4-4 of Report No. 17116 (version B) prepared by Wilkinson Murray for Forefront Services.


 

(36)    The applicant shall obtain a Commissioning Report which assesses actual noise emissions from all operations of the development within 3 months of the issue of any Occupation Certificate.  Where the report requires additional noise attenuation works to be carried out, these works shall be undertaken within 28 days from the date of the Commissioning Report.

 

(37)    A validation report is to be provided to Council in relation to all remediation work undertaken in accordance with the Remediation Action Plan prepared by Envirowest Consulting (Reference R7970rap dated 20 August 2019) within 30 days of the report.  The validation report is to be prepared in accordance with NSW EPA Guidelines for Consultants Reporting on Contaminated sites (2011) and Guidelines for the NSW Site Auditor Scheme (2017).

 

(38)    All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation Certificate, unless stated otherwise.

 

 

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

 

(39)    Grit blasting and painting shall be carried out wholly within the dedicated areas, and those areas shall be installed, operated, and maintained to the manufacturer’s standards and recommendations at all times.

 

(40)    Any ancillary light fittings fitted to the exterior of the building are to be shielded or mounted in a position to minimise glare to adjoining properties.

 

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

 

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

 

(43)    When noise intensive activities are being carried out inside the workshop between the hours of 10.00pm and 7.00am, the workshop doors must be kept closed, unless required to be opened in an emergency, or when manoeuvring vehicles into and out of the workshop, during which time all other noise intensive activities/works in the workshop are to cease until the doors are closed.

 

(44)    The performance of the development in terms of noise shall be verified through testing at nearby receivers within six months of the occupation of the building.  The applicant shall provide Council with a copy of the Verification Report and also certification that any additional mitigation works identified in the report have been completed.

 

 

 

 

Other Approvals

 

(1)      Local Government Act 1993 approvals granted under Section 68.

 

          Nil

 

(2)      General terms of other approvals integrated as part of this consent.

 

(3)      The onsite sewage management system shall be maintained in accordance with the recommendations contained in OnSite Effluent Management Study prepared by Envirowest Consulting Pty Ltd (Reference R7970e3) dated 7 March 2019.


 

(4)      The contents of the existing septic tank are to be removed by a licensed contractor for disposal into Council’s sewer system. The tank is to be disconnected and removed or, alternatively, the sides are to be broken in, the base of the tank punctured and the tank backfilled with clean material.

 

(5)      The waste management system and the land application area are to be located so as to avoid damage from stock and vehicular traffic.

 

(6)      All stormwater seepage and overland flow from higher levels is to be diverted from the application area by a suitable dish or contour drain.

 

(7)      The owner/occupier must maintain the irrigation area, including the pipework, fittings and sprinklers, and undertake the removal of vegetation where necessary. At all times, the irrigation system must be fully operational and any malfunction must be reported to the authorised service agent immediately.

 

(8)      All irrigation pipework and fittings shall comply with Australian Standard 1477 and:

a.       standard household fittings are prohibited

b.       soaker hoses and garden hoses are not permitted

c.       the irrigation system shall not be capable of connection to the mains water supply

 

 

 

 

Right of Appeal

 

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

 

 

  Disability Discrimination Act 1992:

This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992.

 

The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation.

 

The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

 

 

  Disclaimer - S88B of the Conveyancing Act 1919 - Restrictions on the Use of Land:

The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

 

 

Signed:

On behalf of the consent authority ORANGE CITY COUNCIL

 

 

Signature:

 

 

Name:

 

PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS

 

Date:

 

8 April 2020

 



Council Meeting                                                                                                                           7 April 2020

Attachment 2      Plans

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Council Meeting                                                                                                                          7 April 2020

Attachment 3      Submission

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Council Meeting                                                                                                 7 April 2020

5.5     Blayney Cabonne Orange (BCO) Sub-Regional Rural and Industrial Land Strategy

RECORD NUMBER:       2020/405

AUTHOR:                       Craig Mortell, Senior Planner    

 

 

EXECUTIVE Summary

In 2008 Council adopted the Blayney Cabonne Orange Sub-Regional Rural and Industrial Land Strategy (BCO). The original BCO strategy addresses agricultural, industrial and large lot residential land across the three Council LGA’s. The subregional approach recognises the overlapping influence of the different settlements on neighbouring Council areas, in particular the size of Orange and physical proximity to Cabonne and Blayney mean that land use planning decisions in Orange will have a pronounced flow on effect to the other Councils.

Like all strategies the BCO needs to be periodically reviewed and updated. The three member Councils and the Department of Planning, Industry and Environment have been working collaboratively throughout 2019 with consultants Elton to produce a successor strategy. It was decided that the large lot residential components would be removed from the revised BCO as each Council has been pursuing their own local housing strategies independently.

The Draft Subregional Rural and Industrial Lands Strategy 2019 to 2036 provides a framework to guide growth and development of agriculture and industry within the Blayney, Cabonne and Orange Local Government Area subregion to 2036.

Key points identified within the Strategy for Orange include:

·    There are some inconsistencies in the Local Environmental Plans (LEP’s) of the three Councils.  These inconsistencies arose during the implementation of the State LEP Template applicable to each Council at the time.  An opportunity exists for Orange to apply controls that were not available at the time of drafting the 2011 Orange LEP.

·    Expanded industrial precinct of North Orange that allows for a recent residential rezoning.

·    Update of Southern Industrial Precincts (Leewood etc.) to reflect improved access provided by Southern Feeder Road construction works.

·    Whilst presently there is not a demand for the precinct surrounding the Orange Airport, the Strategy identifies the future strategic advantage of this land and the need to preserve this into the future.

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

The NSW Department of Planning and Environment (DPE), Blayney Shire Council, Cabonne Council and Orange City Council engaged Elton Consulting to review and update the 2008 Strategy.

External consultant expenditure will be approximately $40,000 and is allocated within the 2019/20 Operational Plan.

Policy and Governance Implications

In 2017 the NSW Government published the Central West and Orana Regional Plan (Regional Plan). Developed by the Department of Planning and Environment, the Regional Plan is intended to guide the NSW Government’s land use planning priorities to 2036 and provide a framework for more detailed land use plans. The Regional Plan is accompanied by an Implementation Plan. The Strategy has been prepared to be consistent with and assist with the delivery of the Regional Plan in the context of rural and industrial land in the subregion.

More recently, the Councils jointly adopted a Regional Economic Development Strategy (REDS) with the NSW Government in 2018, reflecting their positioning as a functional economic region. Prepared with input from the local community, the REDS identifies and builds on the competencies and strengths of the subregion. The Strategy aligns with the relevant actions in the REDS.

 

 

Recommendation

That Council resolve to:

1        Endorse the Draft Subregional Rural and Industrial Lands Strategy 2019 to 2036 for public exhibition.

2        Exhibit the Draft Subregional Rural and industrial lands Strategy 2019 to 2036 in accordance with the Community Participation Plan.

 

further considerations

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

 

 

Service Delivery

A subregional strategy for employment and agricultural lands enables all three Councils to plan for appropriate services to support the local economies.

Image and Reputation

Renewal of the subregional strategy provides an opportunity for Council to demonstrate its commitment to our local food producers by protecting the integrity of prime agricultural land. Additionally the strategy builds confidence in the local economy that current and prospective employers will find suitable land to meet their business needs.


 

Political

Land rezoning has the potential to change land values significantly, which can attract criticism and scrutiny. A subregional strategy, subject to public scrutiny, serves to demonstrate an impartial and orderly approach is being followed and helps to build confidence in the decision making process.

Environmental

The subregional strategy builds upon the previous BCO work in identifying environmental constraints.

Health and Safety

Nil

Employees

Nil

Stakeholders

The subregional strategy has been prepared in conjunction with neighbouring Councils, Blayney and Cabonne, as well as the Department of Planning, Industry and Environment. This approach enables each Council to promote both themselves and the subregion as a whole.

Projects

Nil

SUPPORTING INFORMATION

From 2004 to 2008, the Blayney Shire, Cabonne Shire and Orange City Councils collaborated to prepare the Sub-Regional Rural and Industrial Land Use Strategy 2008 (the ‘2008 Strategy’).

The 2008 Strategy provided a comprehensive rural and industrial lands strategy to guide and inform land use planning for the subregion for 30 years, as well as informing the preparation of Standard Instrument Local Environmental Plans for each of the three Councils.

A planning proposal to rezone the land at the Orange Airport into an Industrial and Technology Park, subsequently withdrawn, illustrated a need to review and update the BCO to ensure there was sufficient and appropriate employment lands available across all three Councils.

The NSW Department of Planning and Environment (DPE), Blayney, Cabonne and Orange Councils subsequently engaged Elton Consulting to review and update the 2008 Strategy following the release of the NSW Government Central West and Orana Regional Plan in 2017.

The Draft Subregional Rural and Industrial Lands Strategy 2019 to 2036 has been developed through a two stage process with Stage 1 involving a comprehensive review of the existing 2008 Strategy and constraints analysis which included a full land use audit of all industrial land in the subregion. This stage also included early community and agency engagement.

Stage 2 has involved the preparation of the final Draft Subregional Rural and Industrial Lands Strategy 2019 to 2036 based on the results of Stage 1.


 

Community Engagement Strategy

Public exhibition will be undertaken generally in accordance with the Community Participation Plan.  Public exhibition will be undertaken for a period of 28 days, with the exhibition period to commence after public notice is published in the Central Western Daily.

Given issues arising from Covid 19 pandemic, community engagement and consultation needs to be carried out in a flexible manner which is most likely to rely on online options.  It had been planned to have a series of public information forums on this draft Strategy, however such meetings are no longer an option.  The use of alternative consultation measures will be considered (such as podcasts).  The detail of this will be determined allowing for the current fluid environment.

A flexible approach to consultation will ensure that this key strategic document progresses as required, whilst giving good opportunities for community involvement within the three Council areas.

The Draft Subregional Rural and Industrial Lands Strategy 2019 to 2036 will be reported back to Council at the conclusion of the public exhibition periods of the three Councils.

 

Attachments

1          Draft Blayney Cabonne Orange (BCO) Rural and Industrial Strategy, D20/11793

 


Council Meeting                                                                                                                          7 April 2020

Attachment 1      Draft Blayney Cabonne Orange (BCO) Rural and Industrial Strategy

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Council Meeting                                                                                                 7 April 2020

6     Closed Meeting - See Closed Agenda

The Chief Executive Officer will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.

The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

Recommendation

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

6.1     Lease Hangar T Orange Airport

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

6.2     NetWaste Tender For Collection And Recycling Of Waste Tyres

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

6.3     Regional Express Request for Reduction in Landing Fees

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

6.4     Fly Corporate - Request for Assistance

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

 

 


Council Meeting                                                                                                 7 April 2020

6.1     Lease Hangar T Orange Airport

RECORD NUMBER:       2020/482

AUTHOR:                       Shirley Hyde, Legal and Property Officer    

Reason for Confidentiality

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

 

 


Council Meeting                                                                                                 7 April 2020

6.2     NetWaste Tender For Collection And Recycling Of Waste Tyres

RECORD NUMBER:       2020/506

AUTHOR:                       Wayne Davis, Manager Waste Services and Technical Support    

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

 


Council Meeting                                                                                                 7 April 2020

6.3     Regional Express Request for Reduction in Landing Fees

RECORD NUMBER:       2020/568

AUTHOR:                       Ian Greenham, Director Technical Services    

Reason for Confidentiality

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

 

 


Council Meeting                                                                                                 7 April 2020

6.4     Fly Corporate - Request for Assistance

RECORD NUMBER:       2020/569

AUTHOR:                       Ian Greenham, Director Technical Services    

Reason for Confidentiality

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

 

  


Council Meeting                                                                                                 7 April 2020

7       Resolutions from closed meeting