Ordinary Council Meeting

 

Agenda

 

21 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 online video conferencing Zoom on Tuesday, 21 April 2020  commencing at 7.00pm.

 

 

David Waddell

Chief Executive Officer

 

For apologies please contact Administration on 6393 8218.

  

 


Council Meeting                                                                                               21 April 2020

Agenda

 

1                Introduction.. 4

1.1            Apologies and Leave of Absence. 4

1.2            Livestreaming and Recording. 4

1.3            Opening Prayer. 4

1.4            Acknowledgement of Country. 4

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

2                Mayoral Minutes. 4

Nil

              COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM

              COUNCIL MEETING RESUMES

 

3                Confirmation of Minutes of Previous Meeting.. 4

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 07 April 2020  6

4                Notices of Motion/Notices of Rescission.. 17

Nil

5                General Reports. 19

5.1            Statement of Investments - March 2020. 19

5.2            Code of Conduct Complaint Reporting. 25

5.3            Strategic Policy Review.. 27

5.4            Banjo Paterson Memorial Park - Heritage Landscape Plan, Report following Public Exhibition Period. 61

5.5            Development Application DA 259/2019(1) - 448 The Escort Way. 67

5.6            Development Application DA 108/2020(1) - 270 McLachlan Street 113

5.7            Development Application DA 18/2020(1) - 1185 Pinnacle Road. 141

5.8            Draft Delivery Program 2018/2019 to 2020/2021 and Operational Plan 2020/2021 (Year 3 of the Current Delivery Program) 165

6                Closed Meeting - See Closed Agenda.. 573

6.1            Adjustment of Waste Disposal Charges Due to Quoting Discrepancy. 575

6.2            2019 Third and Fourth and 2020 First Quarter Water Consumption Charges - 131A March Street, Orange. 577

7                Resolutions from closed meeting.. 578


Council Meeting                                                                                               21 April 2020

1       Introduction

1.1     Apologies and Leave of Absence

1.2     LIVESTREAMING AND RECORDING

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

1.3     Opening Prayer

1.4     Acknowledgement of Country

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

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

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

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

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

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

Recommendation

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

 

 

2       Mayoral Minutes

Nil     

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 April 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 7 April 2020.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 7 April 2020



ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

HELD via ONLINE VIDEO CONFERENCING ZOOM

ON 7 April 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 T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton

Acting Chief Executive Officer (Maunder), Director Development Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Administration Officer Governance, Executive Support Officer, Manager Financial Services.

 

1.1     APOLOGIES

Nil

1.2     LIVESTREAMING AND RECORDING

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

 

1.3     ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted the acknowledgement of Country.

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

Cr J McRae declared a significant pecuniary interest in Item 2.4 (Mayoral Minute – Moulder Park Netball Courts) as she is a neighbour in the area.

Cr R Turner declared a significant non-pecuniary interest in item 6.5 (Impacts and Potential Relief Associated with COVID-19) as he owns business premises in the CBD.

Cr T Mileto declared a non-significant pecuniary interest in item 6.5 (Impacts and Potential Relief Associated with COVID-19) as he and his family members own property in the CBD.

 


 

 

LATE ITEM

RESOLVED - 20/095                                                                               Cr K Duffy/Cr R Turner

That the following late item be dealt with at the Council Meeting held on 7 April 2020.

Closed Council - Item 6.5 - Impacts and Potential Relief Associated with COVID-19.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.04PM

OPEN FORUM 

 

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

 

The Acting Chief Executive Officer read a submission by Mr John Da Rin.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.07PM.

2       Mayoral Minutes

2.1     Mayoral Minute - Late Mr Joe Leone

TRIM Reference:        2020/555

RESOLVED - 20/096                                                                                 Cr R Kidd/Cr G Taylor

That the information contained in this Mayoral Minute be acknowledged.

 

For: Unanimous

Against: Nil

Absent: Nil

 

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

TRIM Reference:        2020/502

RESOLVED - 20/097                                                                           Cr R Turner/Cr S Nugent

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.

 

For: Unanimous

Against: Nil

Absent: Nil


 

2.3     Mayoral Minute - Insurance for Voluntary Organisations

TRIM Reference:        2020/507

RESOLVED - 20/098                                                                              Cr K Duffy/Cr S Nugent

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.

 

For: Unanimous

Against: Nil

Absent: Nil

 

 

2.4     Mayoral Minute - Moulder Park Netball Courts

TRIM Reference:        2020/508

Cr McRae declared a Significant Pecuniary Interest in this item, left the meeting and did not participate in discussion or voting on this item.

RESOLVED - 20/099                                                                              Cr S Nugent/Cr K Duffy

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

 

For: Cr R Kidd, Cr J Hamling, Cr M Previtera, Cr S Romano, Cr S Munro, Cr T Mileto, Cr R Turner, Cr K Duffy, Cr G Taylor, Cr J Whitton, Cr S Nugent

Against: Nil

Absent: Cr J McRae

 

** Cr McRae returned to the meeting with the time being 7.17pm. **

 

MATTER ARISING                                                                                                                         

Cr Romano asked how the indoor archery is progressing and has a Committee been formed. It was requested that a follow up be made regarding the formation of an Archery Committee. 

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.17PM

OPEN FORUM 

 

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

 

Anne Salter spoke to the meeting regarding the postponement of advertising the strategy.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.19PM

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 20/100                                                                             Cr K Duffy/Cr J Whitton

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 record of the proceedings of the Council meeting held on 17 March 2020.

For: Unanimous

Against: Nil

Absent: Nil

RESOLVED - 20/101                                                                           Cr G Taylor/Cr J Hamling

That the replacement page circulated prior to the Council Meeting (amendment to voting on Item 5.8 - National General Assembly to include that Cr Nugent voted against this resolution), be adopted.

For: Unanimous

Against: Nil

Absent: Nil

4       Notices of Motion/Notices of Rescission

Nil

5       General Reports

5.1     Council reponse to Covid-19

TRIM Reference:        2020/567

RESOLVED - 20/102                                                                               Cr K Duffy/Cr R Turner

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

2             That Council not allow the Farmers Markets to be held on Council land.

 

For: Cr R Kidd, Cr J Hamling, Cr M Previtera, Cr S Romano, Cr S Munro, Cr T Mileto, Cr R Turner, Cr K Duffy, Cr G Taylor, Cr J Whitton

Against: Cr S Nugent, Cr J McRae

Absent: Nil

 

MATTERS ARISING

Cr Nugent asked if the Scout Camp is still operating or available for hire as it is still on Council’s website for hire. Council will remove from website as renovations are still being carried out.

 

Cr Nugent asked a question relating to jobseeker and jobkeeper payments. It was advised that a report would be provided on where Council is up to regarding payments and staff working from home and numbers etc.

 

Cr Hamling congratulated teachers in schools of Orange to get classes on-line and learning in a short period. Cr Kidd advised that letters were sent to the Principal’s of schools in Orange asking to pass on Council’s gratitude to teachers and staff.

 

5.2     Current Works

TRIM Reference:        2020/560

RESOLVED - 20/103                                                                               Cr K Duffy/Cr G Taylor

That Council resolves to note the report on Current Works.

 

For: Unanimous

Against: Nil

Absent: Nil

 

 

MATTER ARISING

Cr Taylor requested that the watering times be updated on Council’s website now that Daylight Savings has ended.

 

 

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

TRIM Reference:        2020/493

MOTION                                                                                             Cr S Nugent/Cr S Munro

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).

AMENDMENT                                                                                    Cr G Taylor/Cr J Whitton

That Council resolves:

1            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).

2            That the $10,000 unexpended funds from the Harness Racing Club be allocated to the Wood Bank.

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

THE MOTION ON BEING PUT TO THE MEETNG WAS CARRIED

RESOLVED - 20/104                                                                           Cr G Taylor/Cr J Whitton

That Council resolves:

1            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).

2            That the $10,000 unexpended funds from the Harness Racing Club be allocated to the Wood Bank.

For: Unanimous

Against: Nil

Absent: Nil

 

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

TRIM Reference:        2020/437

RESOLVED - 20/105                                                                            Cr S Munro/Cr R Turner

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.

 

 

Division of Voting

Voted For

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

Voted Against

Nil

Absent

Nil

 

 

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

TRIM Reference:        2020/405

MOTION

That Council resolve to:

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

2        Exhibit the Draft Sub-Regional Rural and industrial Lands Strategy 2019 to 2036 in accordance with the Community Participation Plan.

AMENDMENT                                                                                        Cr K Duffy/Cr R Turner

That Council defer the exhibition of the Draft Sub-Regional Rural and Industrial Lands Strategy for 6 months.

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

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 20/106                                                                               Cr K Duffy/Cr R Turner

That Council defer the exhibition of the Draft Sub-Regional Rural and Industrial Lands Strategy for 6 months.

For: Unanimous

Against: Nil

Absent: Nil

 

6       Closed Meeting

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

In response to a question from the Mayor, the Acting 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 - 20/107                                                                        Cr M Previtera/Cr J McRae

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.

6.5     Impacts and Potential Relief Associated with COVID-19

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 7.59PM.

The Mayor declared the Ordinary Meeting of Council resumed at 8.15PM.


 

 

7       Resolutions from Closed Meeting

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

6.1     Lease Hangar T Orange Airport

TRIM Reference:        2020/482

RESOLVED - 20/108                                                                               Cr K Duffy/Cr S Munro

That Council resolves:

1        To enter into a five year lease with four options of five years of Hangar Site T at Orange Airport with Orange Helicopters Pty Ltd commencing 7 April 2020.

2        That permission be granted to use the Council seal on all necessary documentation.

 

For: Unanimous

Against: Nil

Absent: Nil

 

6.2     NetWaste Tender For Collection And Recycling Of Waste Tyres

TRIM Reference:        2020/506

RESOLVED - 20/109                                                                         Cr S Nugent/Cr S Romano

That Council resolves:

1        That Council confirms its acceptance and involvement in the NetWaste regional contract with JLW Services Pty Ltd for the Collection and Recycling of Waste Tyres.

2        That Council indicates its preference for collection and recycling of waste tyres from its waste facility based on the Cage Rate tendered by JLW Services Pty Ltd.

 

For: Unanimous

Against: Nil

Absent: Nil

 

6.3     Regional Express Request for Reduction in Landing Fees

TRIM Reference:        2020/568

RESOLVED - 20/110                                                                             Cr R Turner/Cr J McRae

That Council resolves to support the request from Regional Express to reduce landing charges from 1 April 2020 to 30 June 2020 to maintain the air service from Orange that is supporting essential travel services.

 

For: Cr R Kidd, Cr J Hamling, Cr M Previtera, Cr S Romano, Cr S Munro, Cr T Mileto, Cr R Turner, Cr G Taylor, Cr J Whitton, Cr S Nugent, Cr J McRae

Against: Cr K Duffy

Absent: Nil

6.4     Fly Corporate - Request for Assistance

TRIM Reference:        2020/569

RESOLVED - 20/111                                                                             Cr R Turner/Cr J McRae

That Council resolve to acknowledge the hardship experienced by Fly Corporate and authorises the Chief Executive Officer to negotiate incentives for the recommencement of air services to Brisbane and Melbourne from Orange once the current restrictions on travel end.

 

For: Unanimous

Against: Nil

Absent: Nil

 

6.5     Impacts and Potential Relief Associated with COVID-19

TRIM Reference:        2020/591

Cr T Mileto declared a Non-Significant Pecuniary interest in this item as he and his family own property in the CBD, left the meeting at 8.12pm and did not participate in discussion or voting on this item.

Cr R Turner declared a Significant Non-Pecuniary Interest in this item as he owns business premises in the CBD, left the meeting at 8.12pm and did not participate in discussion or voting on this item.

RESOLVED - 20/112                                                                             Cr K Duffy/Cr J Whitton

That Council resolves:

1        That the report be acknowledged;

2        That Council waive rental on Council owned commercial properties for the period 1 April 2020 to 30 June 2020;

3        Interest on outstanding rates be waived for the period 1 April 2020 to 30 June 2020; and

4        Council encourages business property owners, where possible, to waive or defer rent for the period 1 April 2020 to 30 June 2020.

 

For: Cr R Kidd, Cr J Hamling, Cr M Previtera, Cr S Romano, Cr S Munro, Cr K Duffy, Cr G Taylor, Cr J Whitton, Cr S Nugent, Cr J McRae

Against:  Nil

Absent: Cr T Mileto, Cr R Turner

 

** Cr R Turner and Cr T Mileto did not return to the meeting. **

The Meeting Closed at 8.18PM

 

This is Page Number 10 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 7 April 2020.

  


Council Meeting                                                                                               21 April 2020

4       Notices of Motion/Notices of Rescission

Nil


Council Meeting                                                                                               21 April 2020

 

 

5       General Reports

5.1     Statement of Investments - March 2020

TRIM REFERENCE:        2020/429

AUTHOR:                       Jason Cooke, Manager Financial Services    

 

 

EXECUTIVE SUMMARY

The purpose of this report is to provide a statement of Council’s investments held as at 31 March 2020.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves:

1        To note the Statement of Investments as at 31 March 2020.

2        To adopt the certification of the Responsible Accounting Officer.

 

further considerations

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

SUPPORTING INFORMATION

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

As at 31 March 2020, the investments held by Council in each fund is shown below:

 

 

31/03/2020

29/02/2020

General Fund

68,273,416.06

66,972,006.95

Water Fund

57,956,395.45

57,592,438.80

Sewer Fund

51,938,914.16

49,970,352.99

 

 

 

Total Funds

178,168,725.67

174,534,798.74

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

 

31/03/2020

29/02/2020

Externally Restricted

 

 

-     General Fund

26,803,990.93

27,240,013.26

-     Water Fund

57,956,395.45

57,592,438.80

-     Sewer Fund

51,938,914.16

49,970,352.99

-     Auspiced

1,702,428.42

1,702,428.42

Internally Restricted

16,248,071.33

16,445,964.73

Unrestricted

23,518,925.38

21,583,600.54

Total Funds

$178,168,725.67

$174,534,798.74

 

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

 

Portfolio Advice

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

Imperium Markets major services provided to Council include:

·    Quarterly portfolio summary reports

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

·    Advice on policy construction

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

 

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 March 2020 dropped to 0.25 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.74 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 0.25 per cent plus 0.75 per cent (or 75 basis points).   

 

 

 

 

 

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 March 2020, the AusBond rate was 1.18 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.74 per cent.

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

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

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

 

Table 1: Maturity – Term Limits

Term to Maturity Allocation

Maximum

Holding

Remaining Capacity

0 - 3 Months

100.00%

37.17%

62.83%

3 - 12 Months

100.00%

32.98%

67.02%

1 - 2 Years

70.00%

16.81%

53.19%

2 - 5 Years

50.00%

13.05%

36.95%

5+ Years

25.00%

0.00%

25.00%

 

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

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

 

Table 2: Credit Rating Limits

Credit Rating

Maximum

Holding

Remaining Capacity

Value

Return on Investment

Bank Accounts

100.00%

7.32%

92.68%

$13,043,872.01

0.25%

AAA

100.00%

0.00%

100.00%

N/A

N/A

AA

100.00%

31.85%

68.15%

$56,751,240.00

1.67%

A

60.00%

29.89%

30.11%

$53,250,000.00

1.67%

BBB & NR

40.00%

30.94%

9.06%

$55,123,613.66

1.89%

Below BBB

0.00%

0.00%

0.00%

N/A

N/A

AMP Bank was downgraded by Standard and Poor’s from A to BBB during August 2019, thereby pushing the holdings of BBB rated products close to the maximum capacity. This situation continues to be monitored and will be addressed over time, by transferring across to A rated counterparties as the BBB rated investments fall due.

 

Certification by Responsible Accounting Officer

 

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

 

  


Council Meeting                                                                                               21 April 2020

5.2     Code of Conduct Complaint Reporting

RECORD NUMBER:       2019/2771

AUTHOR:                       Samantha Freeman, Acting Director Corporate and Commercial Services     

 

 

EXECUTIVE Summary

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

This report provides an update on the current status of complaints from 11 December 2019 to 31 March 2020.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Live - Engage with the community to ensure recreation opportunities and facilities meet changing needs”.

Financial Implications

Nil

Policy and Governance Implications

Part 11 of the Procedures for the Code of Conduct set out the information that is to be reported to Council and the Office of Local Government within 3 months of 30 September each year. Council reported to the Office on 29 November 2019 for the period 1 September 2018 - 31 August 2019.

Other information is not included given the requirements of Part 12 of the Procedures, which require information about complaints and the management and investigation of complaints is to be treated as confidential and not disclosed publicly.

 

Recommendation

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

 

further considerations

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

SUPPORTING INFORMATION

This report provides statistics on Code of Conduct complaints against Councillors and the General Manager/Chief Executive Officer, from 11 December 2019 to 31 March 2020.


 

 

Required information

Current period

Total number of Code of Conduct complaints made about Councillors and the Chief Executive Officer under the Code of Conduct since 11 December 2019

Nil

Number of Code of Conduct complaints referred to a Conduct Reviewer

Nil

Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints

Nil

Number of Code of Conduct complaints investigated by a Conduct Reviewer

Nil

Number of Code of Conduct complaints investigated by a Conduct Review Committee

Nil

Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures

Nil

Number of matters reviewed by the Office of Local Government, and without identifying particular matters, the outcome of the reviews

Nil

The total cost of dealing with Code of Conduct complaints made about Councillors and the Chief Executive Officer in the year from 11 December to 31 March 2020, including staff costs.

Nil

 

 

 

 

  


Council Meeting                                                                                               21 April 2020

 

 

5.3     Strategic Policy Review

RECORD NUMBER:       2020/441

AUTHOR:                       Samantha Freeman, Acting Director Corporate and Commercial Services    

 

 

EXECUTIVE Summary

This report presents the following policies that have been on public exhibition for a period of 28 days and are recommended for adoption:

·    ST100 – Vandalism Reporting Reward Scheme

·    ST029 – Donations and Grants

·    ST144 – Event Sponsorship Program

·    ST088 – Fraud and Corruption Prevention

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Council’s Strategic Policies are reviewed and amended to ensure ongoing compliance with legislation and industry best practice.

Policies of Council are of two types – Strategic Policies are determined by Council, and relate to Councillors and the broader community. The Local Government Act 1993 requires the public exhibition of Policies (if new or include significant changes) and adoption by Council. Operational Policies are determined and implemented by the Chief Executive Officer, and relate to staff and the operations of the organisation.

 

Recommendation

That Council resolves to adopt the following policies:

·     ST100 – Vandalism Reporting Reward Scheme

·     ST029 – Donations and Grants

·     ST144 – Event Sponsorship Program

·     ST088 – Fraud and Corruption Prevention

 

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

Policies for Adoption

The following policies have been reviewed and have been on public exhibition for a period of 28 days from Friday 6 March to Friday 3 April 2020 to allow for Council and public review and submissions.

The Policy Review Committee was provided with copies of the policies via email on Thursday 5 March 2020.

No submissions were received during this period and no comments received from the Councillor Strategic Policy Review Committee.

The policies are therefore presented for adoption.

ST100 – Vandalism Reporting Reward Scheme

 

Reference

Update

General

Review of Policy, Minor formatting updates only.

ST029 – Donations and Grants

 

Reference

Update

General

·    Minor updates.

·    26b - A service club cannot apply for a donation for the same project in the second and third year if they have already raised the money for their project total.

·    26c.i - Three quotations need to be attached to applications for purchase of equipment.

·    10c and 26c.vi - Local sporting associations hosting Grand Finals, Carnivals/Championships and Invitationals can apply for assistance up to $1,000 even if they have received financial assistance in the same financial year under the Sports Facility Program and/or the Sports Participation Program.

ST144 – Event Sponsorship Program

 

Reference

Update

General

Policy re-written taking into consideration changes to Strategic Policy ST029 – Grants and Donations. Update to dates for opening and closing of applications to facilitate assessment timeframes and adoption by Council before event is held.

ST088 – Fraud and Corruption Prevention

 

Reference

Update

General

Inclusion of reference to Councillor in Corruption on page 6 and Conflicts of Interest on page 9. Inclusion of Complaints regarding the CEO to be directed to the Mayor or Manager Corporate Governance on page 8. Updated in consultation with the Audit and Risk Management Committee.

 

Attachments

1          FOR ADOPTION - Strategic Policy - ST100 - Vandalism Reporting Reward Scheme, D20/10120

2          FOR ADOPTION - Strategic Policy - ST029 - Donations and Grants, D20/10123

3          FOR ADOPTION - Strategic Policy - ST144 - Event Sponsorship Program, D20/10412

4          FOR ADOPTION - Strategic Policy - ST088 - Fraud and Corruption Prevention, D20/3317

  


Council Meeting                                                                                                                        21 April 2020

Attachment 1      FOR ADOPTION - Strategic Policy - ST100 - Vandalism Reporting Reward Scheme

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Council Meeting                                                                                                                        21 April 2020

Attachment 2      FOR ADOPTION - Strategic Policy - ST029 - Donations and Grants

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Council Meeting                                                                                                                        21 April 2020

Attachment 3      FOR ADOPTION - Strategic Policy - ST144 - Event Sponsorship Program

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Council Meeting                                                                                                                        21 April 2020

Attachment 4      FOR ADOPTION - Strategic Policy - ST088 - Fraud and Corruption Prevention

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Council Meeting                                                                                               21 April 2020

5.4     Banjo Paterson Memorial Park - Heritage Landscape Plan, Report following Public Exhibition Period

RECORD NUMBER:       2020/562

AUTHOR:                       Alison Russell, Community Museum and Heritage Manager    

 

 

EXECUTIVE Summary

At the Council Meeting of 4 February 2020, Council resolved that The Banjo Paterson Memorial Park Heritage Landscape Plan be placed on exhibition for community comment. 

At the conclusion of the exhibition period 10 March 2020, two submissions were received.  The submissions are summarized below with recommendations to progress the project.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “4.3 Live - Maintain and renew cultural facilities and programs”.

Financial Implications

Grant funding to be sought for Stage 2.

Policy and Governance Implications

Nil

 

 

Recommendation

That Council resolves:

1        That the report on Banjo Paterson Memorial Park – Heritage Landscape Plan – Report Following Public Exhibition be acknowledged.

2        To endorse The Banjo Paterson Memorial Park – Heritage Landscape Plan.

3        That cost estimates be sought for Stage 2 components of the Heritage Landscape Plan and that funding be sought to complete the project.

 

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 applied for an Office of Environment and Heritage Activation Grant in 2018. The main aim of this grant was to reinvigorate Banjo Paterson Memorial Park to create connections with our local and cultural heritage.  The Heritage Landscape Plan was placed on public exhibition between 15 February and 10 March 2020.

 

Council resolved on 4 February 2020, that The Banjo Paterson Memorial Park Heritage Landscape Plan be placed on exhibition for community comment.  Two submissions were received, an overview of the submissions are provided for Council’s information below:

 

1.       Friends of Banjo Paterson Park – Ms Elizabeth Griffin (Chairperson)

          The group support the proposal as set out in the two stages and support the action that Orange City Council apply for further funding to complete the project (Stage 2).

          The group also drew attention to the 75th Anniversary of the Park in 2020 and requested a speedy outcome to the proposal.

 

2.       Mr John Da Rin

          Mr Da Rin congratulated Council staff in pursuing a grant application for the Banjo Paterson Memorial Park. He commented that it is an excellent outcome and the development of this area is long overdue. Mr Da Rin acknowledged the work and dedication of Ms Elizabeth Griffin and her team; and commended the work of local landscape consultants Sala4d who developed the Heritage Landscape Plan. 

          Mr Da Rin suggested that the inclusion of a BBQ in the park may be dirty and unwelcoming and may possibly go missing soon after installation. He also feared the toilets will be an issue to keep clean, and that the cost of the BBQ could go towards extra signage, seating or trees.

          Advice sought from the Manager City Presentation indicated that BBQ’s are rarely stolen from Council parks and that they work successfully at Orange Adventure Playground, Clifton Grove Mud Hut, Gosling Creek and Lake Canobolas. Regular maintenance and cleaning would need to be included in Council’s Delivery Plan.   

 

Background to Grant

In 2018, Orange City Council submitted an Activation Grant to the Heritage Office.  A total of $71,278.00 was received.  

 

Stage 1 – Grant outline proposed:

·    A Heritage Landscape Plan be developed depicting appropriate locations park infrastructure, including: picnic shelter with a BBQ

·    Formation of a pathway around the mill footings

·    Banjo Paterson Poetry Walk

·    Installation of interpretative signage

·    Development of educational resources for use by school students.

 

The Heritage Landscape Plan outlines a program of work to be completed in two stages.

 


 

Stage 2

This is based on the Paterson Memorial Park Conservation Management Plan 2004 written by Professor Ian Jack which was adopted by Council in 2004.

 

·      Replace existing copper log vehicular fencing with more appropriate materials – Policy 7.6.2

·      Reconfigure parking area to more efficient design with space for buses to turn – Policy 7.6.2, 7.6.9

·      Provide interpretative panels near entrance to site and interpretation for other elements of the park

·      New toilet amenity building with rainwater tank - Policy 7.6.2

·      Installation of picnic shelter and BBQ (southern) - Policy 7.6.2

·      Install new path network – Policy 7.6.7

·      Provide gabion basket corner markers to define corners of the pathway around mill

·      Relocate Banjo bust to path junction

·      Additional plantings of meadow and additional trees – Policy 7.6.5, 7.6.9

·      Undertake archaeological work to ascertain extent of the historic homestead footings and provide interpretation – Policy 7.6.8

·      Conservation advice on preserving the mill footings

 

Banjo Paterson is a notable figure who captured the essence of Australian life in his poems which have become an integral part of Australian Lore. Outcomes of this will be an activated Banjo Paterson Park creating community connections with our cultural heritage. This project will provide important social, community, tourism and educational benefits.

To further develop Stage 2 of the Heritage Landscape Plan, it is proposed that cost estimates be sought for the above components of the program, and that funding be sought to complete the project.  

 

 

Attachments

1          Submission - Banjo Paterson Memorial Park - Friends of Banjo Paterson Park - Elizabeth Griffin, D20/21093

2          Submission - Banjo Paterson Memorial Park - John Da Rin, D20/21094

  


Council Meeting                                                                                                                        21 April 2020

Attachment 1      Submission - Banjo Paterson Memorial Park - Friends of Banjo Paterson Park - Elizabeth Griffin

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Council Meeting                                                                                                                        21 April 2020

Attachment 2      Submission - Banjo Paterson Memorial Park - John Da Rin

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Council Meeting                                                                                               21 April 2020

5.5     Development Application DA 259/2019(1) - 448 The Escort Way

RECORD NUMBER:       2020/605

AUTHOR:                       Rishelle Kent, Senior Planner    

 

 

EXECUTIVE Summary

Council's consent is sought for a 37 lot residential subdivision at 448 The Escort Way, Orange. The land is described as Lot 3 DP 1036031 (refer to Figure 1). The proposal also involves the creation of an easement over Lot 15 DP 1209535, known as 9 Kirkwood Place.

The lots will be created for large lot residential purposes with a minimum area of 2000m² as required by the LEP 2011. All lots will have access to a public road, reticulated sewer and water.

The site is located on the western ridgeline of the City of Orange, within the Scenic Protection Zone pursuant to the DCP 2004.

The proposal is consistent with the zone objectives and controls in the Orange Local Environmental Plan 2011. Further, there is no detailed masterplan applicable (in the same way as a masterplan for the Shiralee Urban Release Area has been prepared). In such circumstances, Council’s Declaration of Planning Procedures and Protocols requires the determination of the application to be made by Council. Approval of the application is recommended subject to conditions of consent in the attached Notice of Approval.

Figure 1: locality plan


 

DECISION FRAMEWORK

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

Orange Local Environment Plan 2011 (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 proposed development involves a large lot residential subdivision comprising 37 lots having a minimum area of 2000m². The site is located on the western ridgeline of the Ploughman’s Valley, within the Scenic Protection Zone pursuant to the DCP 2004. Careful consideration has been given in the design and assessment of the application to ensure that future residential development along this ridge can occur in a manner that will not adversely dominate the backdrop to the City. Conditions of consent have been specifically recommended by staff to control building form and materials of future residential development along this ridge that will allow homes to take advantage of views without being prominent features above the ridgeline. These controls are considered to be critically important to set the framework for future residential development in this locality. The recommendation that Council approves the development 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 259/2019(1) for Subdivision (37 lot residential and one(1) drainage reserve) at Lot 3 DP 1036031 - 448 The Escort Way, 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

Council's consent is sought for a 37 large lot residential subdivision, drainage reserve and three new public roads. The proposed lots are currently vacant, excepting proposed Lot 101/21 which has an established dwelling (refer to Figure 2 below).

Access to the new lots will be via a road network that forms a T intersection with Silverdown Way. The central road will consist of a 20m wide road reserve, with two cul-de-sacs comprising 17m wide reserves, depicted in Figure 3.

The subdivision will be serviced by gravity sewerage mains, pump station and rising main. Town water, electricity and telecommunications will be provided via street mains. Associated earthworks will be required for the subdivision.

A stormwater detention basin is to be provided along the western boundary, dictated by the lowest point of the site, with an easement to drain stormwater to be created over adjoining land to the east (Lot 15 DP 1209535).

Trees will be retained where indicated on the below Stage Two plan (Figure 3).

It is proposed to release the subdivision in the following stages:

Stage One

Lot number

Area

101

9812m²

102

9.468ha

Figure 2: Stage One plan of subdivision


Stage Two

Lot number

Area m²

1

2377

2

2197

3

2314

4

2960

5

2980

6

2538

7

2189

8

2410

9

2280

10

2229

11

2067

12

2014

13

2101

14

2115

15

2107

16

2109

17

2301

18

2227

19

2181

20

2452

21

4749

22

2613

23

2524

24

2170

25

2184

26

2215

27

2324

28

2024

29

2075

30

2067

31

2387

32

2200

33

2010

34

2332

35

2015

36

2147

37

2247

38: Drainage reserve

4320


 

 

Figure 3: Stage Two plan of subdivision

The Sustainable Settlement Strategy (SSS)

This precinct was identified in the Sustainable Settlement Strategy (Parsons Brinckerhoff 2004) as a long term urban residential area; in the interim, 'existing rural residential areas [will] be maintained…'. Council has not progressed rezoning of the land in light of the findings of the Sustainable Settlement Strategy at this time, and remains as R5 Large Lot Residential zoning.

The SSS identifies a number of constraints relating to the area subject to the study, of which visual impact and landscape amenity are the most relevant for this development. The SSS identified the ridgeline as making a significant contribution to the visual amenity of the locality. In particular, the Study recommended ‘no build areas and landscape planting should be implemented on and adjacent to ridgelines so that their scenic value may be protected. These area should be a minimum of 40m (on either side of the ridgeline) to ensure that a new residential building would not protrude above the ridgeline when viewed from the opposite side of the valley’ (Chapter 9.8).

It is considered that the development that will occur on the ridgeline both as a result of the subject development and under further development that will occur following subdivision will significantly impact on the skyline from large areas of the existing area of the City to the east and south-east, and from the more rural and rural residential land to the north and west; and also have inordinate potential to affect the view corridor and scenic quality over a wide area.

The subsequent visual and landscape amenity concerns as a result of development along the ridgeline will require a specific set of design parameters to ensure development of this site will not negatively impact upon the visual quality of the locality. The recommended parameters, attached as conditions of consent, are similar to those attached to consents within proximity of the development site, where the ridgeline is a main consideration to the visual and landscape amenity of the area. These matters are addressed in detail further within this report.


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 (ie the need for a BDAR to be submitted with a DA):

·    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).

The fourth trigger (development proposed to occur in an Area of Outstanding Biodiversity Value (clause 7.2 of BC Act 2016) 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.

Trigger 1

The site is not mapped on the Biodiversity Values Map.

Trigger 2

In consideration of the second trigger, the prescribed clearing threshold for the site is 0.25 hectares pursuant to Clause 7.2 of the Biodiversity Conservation Regulation 2016. The clearing threshold for the site is not exceeded, as the proposal does not require the clearing of native vegetation.

Trigger 3

The subject land has been zoned for large lot residential purposes and does not contain, nor adjoin any land that has been mapped as containing biodiversity significance. The surrounding land to the east has been highly modified to support urban residential development, with large lot residential development occurring to the north, south and west. The development is unlikely to adversely fragment or disturb the biodiversity structure or ecological functions of the development site or surrounding lands.

Although subdivision is considered to be a key threatening process, there are no known or threatened ecological communities on the land, nor is it likely to contain any habitat for such species or communities.

A Flora and Fauna Assessment was undertaken in 1997 which contained the development site within its study area. This assessment identified two vegetation communities within the site, being open pasture and briar community. Both of these communities have been disturbed by agricultural practices, in particular grazing, with no areas of intact natural vegetative structure remaining on the site.


 

The grazing of the site has resulted in “a wide dispersal of introduced pasture species which have lowered densities of native grasses and herb species. Re-establishment of native tree an understorey species has also been restricted as emergent are removed by stock grazing and trampling…. The history of grazing has reduced the diversity of original floristic structure by species exclusion and active removal.

It is acknowledged by the proponent that the loss and/or degradation of sites used for hill-topping by butterflies is a key threatening process, as is bush rock removal and disturbance. According to the NSW Scientific Committee:

Loss and/or degradation of sites used for hill-topping by butterflies is one of a number of threats to butterflies in NSW. Loss of hill-topping sites due to habitat alteration (ie urban development) may lead to loss of perching or patrolling sites for male butterflies, loss of focal points for mating and thus local extinctions.

The site has undergone a high degree of disturbance, with isolated native trees remaining upon the site (which will be retained), as well as a number of partially exposed rocky outcrops and embedded surface rock. These rocky components are discussed in OEH guidelines as landscape elements likely to provide some habitat value, particularly for invertebrates and small reptiles. Invariably the proposed development, along with future development of the site as a housing estate, poses some threat to those habitat niches on the site.

As an offset to the threat, it is considered appropriate to require a condition of approval that requires the storage and above ground use of excavated rock material on the site for future use. A condition to that effect is included in the attached Notice, and specifically does not allow such material to be reburied.

Based on the above, a Biodiversity Development Assessment Report is not required in support of the proposal. Further, and with the imposition of the aforementioned condition of consent, it is considered that the proposed development is unlikely to affect a threatened species.

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

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,

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


 

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

In consideration of the above, the application is considered to be consistent with objectives of the LEP. The proposed subdivision will provide for additional large residential lots for dwelling stock that will accommodate the housing needs of the community, in a manner that will provide a transition between the urban residential development to the east, and large lot residential development to the west. The proposed lot size and layout is conducive to the desire for a landscaped ridgeline along the western boundary of the City of Orange, and has responded to the topography of the site.

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 R5 Large Lot Residential

Lot Size Map:

Minimum Lot Size 2000m2

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.

The site has the benefit and burden of the following easements currently registered on the certificate of title:

·    easements to drain water of varying widths (appurtenant via DP 1138870, DP 1147272, DP 1205517)

·    easement for services 10m wide

·    right of access 10m wide appurtenant to the land via DP 1036031

·    a building envelope for the existing house, which will be extinguished as a result of the proposed development.

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones

The subject site is located within the R5 Large Lot Residential zone. Pursuant to Clause 6.2 of the Environmental Planning and Assessment Act 1979, the development is defined as:

·    subdivision which means the division of land into two or more parts that, after the division, would be obviously adapted for separate occupation, use of disposition.

The development also includes the construction of three roads, defined as:

·    road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.

The proposed development is permitted with consent in this zone. This application is seeking consent.

Clause 2.3 - Zone Objectives and Land Use Table

The relevant objectives of the R5 large Lot Residential Zone are as follows:

·    To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

·    To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

·    To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

·    To minimise conflict between land uses within this zone and land uses within adjoining zones.

·    To provide for student housing in close proximity to the Charles Sturt University.


 

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

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

The development is considered to be consistent with the objectives of the R5 Large Lot Residential zone.

In relation to the first objective, the proposed development will provide opportunities for housing that can minimise environmental impacts, impacts on scenic quality, and maintain rural character with implementation of conditions of consent.

With regard to the second objective, the proposed development would not act to hinder the proper and orderly development of higher density development in the future.

In relation to the third objective, it is proposed to provide services without unreasonable burden upon the proponent or community.

With regard to the fourth objective, the subdivision is consistent with the development pattern within the area, and will provide a transition between the urban residential land to the east and large lot residential development to the north and west.

In relation to the sixth objective, the subject land is located adjacent to an established residential estate that is regularly serviced by public transport.

Clause 2.6 - Subdivision - Consent Requirements

This clause triggers the need for development consent for the subdivision of land. Development consent is sought by this application.

Clause 4.1 - Minimum Subdivision Lot Size

This clause requires the subdivision of land to be equal to or greater than the size nominated for the land under the Minimum Lot Size Map.

In relation to this site, the map nominates a minimum lot size of 2000m². The smallest lot proposed by the application is 2010m².

Clause 5.16 - Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones

This clause requires the consent authority to consider potential land use conflict between existing and proposed development on land in the R5 zone.

In relation to this clause, the surrounding land uses comprise large lot and urban residential development, and thus will not create a landuse conflict with the proposed large lot residential subdivision proposed under this application. Residential subdivision is the preferred land use for this site given the neighbouring landuses and location of the development site.

Clause 7.1 - Earthworks

The intent of the earthworks proposed under this application is to make the subject land suitable for residential development, with proposed changes in site level to facilitate new roads and identified fill areas, in particular to Lots 4, 5 and 37, and along Road 1. Outside these areas, the existing site levels will remain largely unaltered.

The amended plan is a vast improvement on the previous version which proposed a large amount of fill within proximity to existing trees, which would have compromised the health and viability of these trees. A condition of consent has been attached which restricts any fill within proximity to these trees. Furthermore, conditions requiring Tree Protection Zones adjacent to the trees will ensure their viability during construction, and following with an 88B restriction on the title of the allotments with trees to be retained (Lots 22, 23, 25, 26, 33, 36 and 37). Retaining walls are proposed to Lot 28 and Lots 4, 5 and 6. The development proposes a total cut of 12,080 cubic metres and a total fill of 5,870 cubic metres.

Geotech testing will be carried out prior to completion of the cut and fill earthworks and roadworks. There are considered to be no sensitive landuses in close proximity to the site. The design has been amended to negate the need for a large retaining wall on the western boundary, and to permit the continued overflow drainage to the existing native trees to the west. An erosion and sediment control plan will be submitted to Council prior to construction works, and has been conditioned accordingly.

The site is not known to be contaminated. It is the intention of the proponent to reuse as much as possible of the excavated material onsite subject to further soil assessment and engineering design.

The Sustainable Settlement Strategy included a predictive tool as to the likelihood of Aboriginal heritage existing on a given site within its study area. In this case, it was identified that items of Aboriginal heritage had the potential to occur on land within the vicinity of the site, but not upon the subject site. Furthermore, Council’s Aboriginal Heritage Study did not identify potential for aboriginal heritage upon the site. The OEH register of known artefacts and sites lists two finds to the north-west of the subject site. As such, a precautionary condition of consent will be imposed upon the consent requiring works to cease should Aboriginal relics, objects or other historical items are found during construction, and the OEH and the Local Aboriginal Land Council be notified. This is a standard condition of consent applied to subdivision applications of this nature.

Clause 7.3 - Stormwater Management

The sloping nature of the site combined with earthworks and an increase in hard paving will require the development of a comprehensive onsite stormwater detention system. Stormwater drainage from the basin requires a drainage easement over adjoining land prior to the commencement of works. The landowners of Lot 15 DP 1209535 (to the west) have provided their consent for the lodgement of the application which proposes this easement. The outflow from the detention basin will need to be piped to either the drainage culvert at the intersection of Kirkwood/Spencer or piped to a point where the stormwater line can discharge into a natural watercourse, which has been conditioned accordingly. Initial fill on the western side of Lots 34-37 has now been deleted, with building envelopes proposed to determine building siting which will allow development flows to be directed to the street, whilst overland flow continues to follow the slope of the land to minimise impact on existing trees to the west.

Clause 7.6 - Groundwater Vulnerability

The proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems.


 

The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion. The design of the proposal avoids impacts on groundwater and is therefore considered acceptable.

Clause 7.11 - Essential Services

Clause 7.11 applies and states:

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

(a)     the supply of water,

(b)     the supply of electricity,

(c)     the disposal and management of sewage,

(d)     storm water drainage or onsite conservation,

(e)     suitable road access.

In consideration of this clause, all utility services will be available to the proposed lots. The development will be required to connect to Council’s existing water and sewerage systems. The existing dwelling will require connection to Council’s sewerage system during Stage 2 of the development, a water connection is currently available to this dwelling. The western side of the development requires the construction of a sewer pump station. Dual water mains will need to be extended from the Jonathon Road/Gorman Road intersection.

Provision for stormwater catchment will be made to the west of the development site. Suitable road access will be provided from Silverdown Way, Council’s Development Engineers have recommended conditions of consent in this regard. Electricity will be provided as per Essential Energy’s arrangements.

State Environmental Planning Policy 55 Remediation of Land

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

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

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

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

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

In consideration of this clause, the subject site is located within a residential zoning, albeit Large Lot Residential.


 

The land use history consists predominantly of agricultural grazing. A preliminary contamination study was submitted in support of the application (refer to Contamination Screening Survey, Proposed Rural Residential Development, Orange (Strategy Area No 1), Terra Sciences Pty Ltd, December 1996). This study carried out a screening of soils across the site to assess whether or not the land (identified as Sample Area 7) had been contaminated by past land use practices, and found that a sheep dip (located 1.5kms to the north) was the only contaminated area. Notwithstanding, given the age of the report and the continued use of the site for agricultural practices, the applicant agrees to a condition that requires soil sampling to confirm the suitability of the site prior to further works. This is consistent with Council’s approach for subdivisions that have been approved in the area since 2012 involving land subject to the 1996 assessment. It is recommended that a condition of consent be imposed to this effect.

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

Remediation of Land SEPP

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).

In consideration of the above, the land adjoining the site is not identified or considered to be contaminated. Residential subdivisions adjoining the site have been subject to chemical soil sampling and concluded that the adjoining sites are suitable for residential use. In this regard, and with the imposition of the condition requiring soil sampling, the provisions of the EPI are considered to have been addressed.

Draft Orange Local Environmental Plan 2011 (Amendment 24)

Draft Orange LEP Amendment 24 was previously on public exhibition (26 July–26 August 2019). Draft Amendment 24 has no effect for the subject land or proposed development in relation to further matters.

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. The relevant chapters are:


 

·    Part 0.2 (General Translation of Zones) establishes the interim provisions that link DCP 2004 to LEP 2011, and further establishes the equivalent zones of the new LEP (relevantly, R5 Large Lot Residential zone) to the previous LEP 2000 zones (being 1(c) Rural Residential and 2(d) Urban Transition zones) for which the DCP was prepared. No further comment is required.

·    Part 0.4 (Interim Planning Outcomes – Scenic Areas, Murphy Lane and Gorman Road, Transport Routes) establishes site specific controls for the subject property.

·    Part 2 (Natural Resource Management) has relevance with regard to stormwater quality, soil resource management, and vegetation management.

·    Part 3 (General Considerations) has relevance with respect to cumulative impacts and scenic landscape issues.

·    Part 4 (Special Environmental Considerations) has relevance with regard to possible site contamination. This has been previously addressed and no further comment is required.

·    Part 7 (Development in Residential Areas) is relevant as it establishes the urban design principles on which to assess the layout of the proposed subdivision.

The relevant Planning Outcomes requiring further comment are detailed below:

PO 0.4-1 Interim Planning Outcomes – Scenic Area

·    Development blends into the landscape though the use of appropriate siting, design, external materials and colours, retention of trees including remnant vegetation, establishing of new trees, and enhancing the skyline when viewed either from the urban area of Orange or from public places in the vicinity of the land.

Further to these requirements, Part 4 – Special Environmental Considerations of the DCP provides further outcomes for Scenic Areas, as follows:

·    Development is carried out in a way that retains, embellishes or replicates a natural, landscaped setting. Buildings are framed by trees or set below the ridgeline. Ridgelines are dominated by trees, preferably native trees, although shelter belts and hedges may be appropriate in some locations.

·    Trees that contribute to the landscape character are retained and embellished in scenic areas.

·    The external materials of building reflect the natural colours of the settings – ie with shades of natural green and browns predominating over supplementary brighter colours.

·    Details of proposed colour schemes, finishes of external materials, existing trees and proposed landscaping are submitted for Council endorsement prior to the issue of a Construction Certificate.


 

 

Figure 4: Scenic Protection Area (green hatching) (subject land highlighted in blue)

The site is located within the Scenic Protection Area as identified in Figure 4 above.

The DCP requires buildings to be set below the ridgeline, or be framed by trees. Given the unique characteristics of the site with the large saddle occurring on top of the ridgeline, to require buildings to be set below the ridgeline would require deletion of the majority of allotments proposed under this subdivision. In lieu of this requirement of the DCP, it is recommended that an 88B restriction be applied to all lots to require:

·    buildings to present to their respective roads as single storey in height to prevent skylining of buildings along the ridgeline.

·    a maximum site coverage of 35% of the lot size to increase the opportunity for landscaping of the site

·    the provision of a landscape plan approved by Council prior to the construction of any structure (dwelling or outbuilding) indicating species selection with a mature height greater than the height of any structures proposed, and able to screen a minimum 50% of the width of the front and rear of all proposed structures.

It is considered that the combination of these three requirements will protect the importance of the ridgeline for its scenic value.


 

The height limit of dwellings will still allow for the provision of undercrofts and split level to the rear of buildings, however this measure will reduce the opportunity for skylining of buildings along the ridgeline when viewed from the east and west, and is considered a more appropriate approach than to restrict all development above the height of the ridgeline. The prevention of skylining of buildings is outlined in Part 0.4-4 of the DCP.

Similarly, requiring a landscaping plan with subsequent plantings to be established to mask at least 50% of the frontage of future dwellings, capable of achieving mature heights and densities so as to be effective in achieving its purpose of screening for scenic protection is considered the most suitable means of meeting the scenic protection objectives of the DCP.

These combined requirements have been applied to similar developments within the locality constrained by the ridgeline, to recognise the importance of this natural feature as a backdrop to the City of Orange and to protect the scenic features of the locality.

The DCP further requires that buildings in scenic areas blend into the landscape so as to not be visually intrusive, and be constructed using predominately non-reflective external materials, with shades of white and other bright colours used with restraint.

As suggested by the proponent, it is recommended that an 88B instrument be created on each proposed lot to restrict the use of coloured metal fencing and zincalume cladding, and to require low-reflective external building finishes. As such, conditions to this effect have been included in the Notice of Approval.

Whilst these measures and the retention of existing trees will assist with the integration of the subdivision into this locale, further development of this land needs to be handled sensitively and consistently, with appropriate aesthetic and landscaping treatment to preserve its contribution to the wider environment.

Part 0.4-4 - Interim Planning Outcomes - Murphy Lane and Gorman Road

·    Development of land within the area comprises rural style fencing and does not comprise coloured metal fencing.

This is an issue most appropriately addressed by a Section 88B instrument, and has been conditioned accordingly.

·    Development of land within the area is accompanied by a landscape plan that demonstrates how the buildings will be blended into the landscape, and,

·    Development of land within the area is landscaped to effectively prevent skylining of buildings.

Street tree planting will assist with the integration of the built form into the landscape; of which Council’s Section 7.11 funds will cover the cost of street tree planting.

In the context of landscaping to protect the ridgeline and prevent skylining, this matter has been previously addressed.

·    Ancillary buildings and outbuildings are located behind the front building line of the main dwelling and provided with screen landscaping when viewed from the public road.

This matter is not relevant to the subdivision assessment, however it will become relevant to the future planning of each site.


 

·    Where permitted by the minimum lot size map of the LEP all subdivisions creating lots below 2ha must provide reticulated sewer to lots below 2ha.

Water and sewer in accordance with this requirement is proposed for the proposed subdivision. Attached to the draft Notice of Determination are conditions addressing these matters.

Part 0.4-4 - Interim Planning Outcomes – Transport Routes

The existing dwelling has connection to a transport route by means of a Right-of-Way over the adjoining property to the south. There will be no change to this arrangement as a result of the proposed development, and no additional connections to The Escort Way.

PO 2.3-1 Vegetation Management

Stormwater disposal and onsite detention will be conditioned to be carried out in accordance with Council’s Development and Subdivision Code.

The plan of subdivision was amended in order to retain the existing mature trees upon the site, in accordance with the requirements of the DCP.

As a greenfield development site there is some risk of soil contamination arising from previous agricultural purposes. Such risk in this case is considered to be very low, however conditions are included that address soil testing as a precaution to health and safety of future residents of the site.

PO 3.1.1 Cumulative Impact

The DCP sets the following Planning Outcomes in regard to Cumulative Impact:

·    Applications for development demonstrate how the development relates to the character and use of the land in the vicinity.

·    The introduction of new development into a locality maintains environmental impacts within existing or community-accepted levels.

·    Water conservation measures are implemented.

In this instance there is a mixed character for the locality. To the west there is further R5 land with a minimum lot size of 2ha, beyond which is rural land. Land to the north is R5 with a minimum lot size of 2000m2, and beyond that is further R5 land with a 2ha minimum lot size. To the east the character of the land is more fully urban, generally zoned R2 Low Density Residential with a minimum lot size of around 850m2 to 1500m2 along the eastern boundary of the site, and further east. To the south the land is R5 Large Lot Residential, again with a minimum lot size of 2ha.

Whilst there is a consistency in zoning restrictions, the minimum lot sizes are variable for this locality and this reflects in the density and form of final development. The 2ha R5 land generally has large spacing between dwellings and larger, grander dwellings erected thereon. The 2000m2 land to the north is still subject to development. The more urbanised residential land to the east is fairly densely developed, though in comparison to other parts of Orange it remains low density residential.


 

With regard to the above Planning Outcomes, the proposed subdivision is consistent with the intended future residential land use of the zone and acts as a natural extension to the developed residential land to the north, and a buffer between the 850-1500m2 blocks to the east, and the 2ha allotments to the west. The subdivision will not create any adverse environmental impacts that cannot be managed through conditions of consent.

Relevant Planning Outcomes also require that new development maintains environmental impacts within existing or community accepted levels, and lastly, that water conservation measures are implemented. It is considered that appropriate conditions can be imposed that will satisfactorily address these matters.

Part 7 - Development in Residential Areas

The subject land is residential in terms of zoning, and therefore the proposal requires assessment against commonly accepted standards and practices applicable to low density residential development. As currently written, there are no specific provisions of the Ploughmans Valley Master Plan applicable or relevant to the proposed development. Council does have general principles applicable to all subdivisions that are listed in PO7.2‑1 and commented upon as follows, where relevant:

·    Lots are orientated to optimise energy-efficiency principles.

The proposed subdivision is for lots of minimum 2,000m2 in area, which will allow for space to configure and orientate standard sized dwellings for optimal energy efficiency and solar access.

·    New roads are planned according to modified grid layouts with restrained use of cul-de-sac roads in new developments according to the UDAS Urban Form Principles for Orange.

The urban design guidelines are an interpretative set of standards. The provisions of these guidelines and the assessment relating to each matter for consideration are set out below:

UDAS Urban Form Principles Summary

·    Street hierarchy developed in accordance with required size and function; topography and natural features determine lot and street layouts.

The proposed development proposes a street hierarchy of one urban collector road, with two secondary cul-de-sacs. Technical Services had advised that the proposed road layout is considered satisfactory.

The applicant will be required to construct Silverdown Way with kerb and gutter, footpath and bitumen sealed roadway for the full frontage of the development. The T junction with the new road shall have ‘Give Way’ signage and a traffic island installed for approaching westbound vehicles in Silverdown Way.

·    Plan services and infrastructure to accommodate future growth strategies and ensure development is located for cost effective service provision.

The proposed subdivision will rely on connection to Council’s existing sewerage system, and the construction of a pump station to service the western side of the development.


 

Attached are relevant conditions of consent addressing matters in relation to the provision of essential infrastructure.

·    Establish a development scale and density which is supportive of public transport, cyclist and pedestrian use; provide pedestrian and cycle routes that connect key community facilities, parks and open spaces.

To achieve a better outcome in respect of this guideline (ie supportive of public transport), it would be necessary to increase densities to standard residential levels, which could have further detrimental effect on amenity.

The proposed development is large lot residential in character, which traditionally is difficult to achieve good outcomes in terms of access to public transport. Within the constraints of the zoning and minimum lot size restrictions of the site, the proposed development is satisfactory.

With regard to pedestrian and cycleway links, the proponent will be required to provide footpaths. The development site is within reasonable proximity to open space and pedestrian/cycleway links likely to be constructed as the area generally is developed.

·    In new subdivisions, continue the established city grid and maintain direct physical and visual connections, avoid car-dependent, cul-de-sac development.

The proposed development is a new subdivision, which links into the existing road network. There will be a high degree of car dependence in the subdivision given the distance and isolation from the CBD and the very nature of the subdivision as fringe large lot residential development. However, within the constraints of the subdivision type, the response offered by the applicant is a neutral impact.

·    Ensure that street patterns provide maximum physical and visual connectivity, offer a choice of routes and allow for double sided blocks such that development is oriented towards the street frontage.

It is considered that the proposed layout is consistent with this guideline.

·    In multi-dwelling development, provide a street entry for each dwelling, avoid battleaxe, villa-style development and design appropriately to topography, climate and aspect.

As R5 land, the ability for multi housing development such as dual occupancy will be restricted. The proposed development is for subdivision, so the relevance of this guideline to the assessment is marginal as it relates to specific building types and forms.

·    Reinforce original subdivision patterns and streetscapes that characterise the settlement, maintain consistent setbacks from front and rear of lots in low density areas and continuous street and awning edges along core streets/perimeters of major blocks.

The subject land has been zoned to facilitate large lot residential development. The proposed development is considered to be largely consistent with the emerging development form envisaged for this locality.


 

·    Encourage deep soil zones to centre of blocks to allow the cultivation of large trees with large canopies and to permit infiltration of rainwater to the water table.

It is unlikely that there is a significant variation in soil depths and zones for this site.

·    Maintain axes with views and vistas towards watercourses and surrounding natural landscape, enhance and maintain river, coastal and landscape edge treatments, whilst minimising risk of flooding.

The allotments on this site will essentially have principal vistas to the east which offer panoramic scenic views of the City of Orange, and scenic views of rural land and further afield to the west, south-west and north-west. In all, the proposed lots will have generally very good views and vistas.

·    Maintain and protect any local heritage, natural or manmade, of physical, social or cultural significance in the community to establish an understanding of the collective past.

These issues have been considered in this assessment and appropriate allowances made in the recommendations.

·    Define public open spaces and parks with consistent carriageway treatment and landscaping along the urban/natural edge.

Public open spaces are not proposed nor required for this development.

·    Release areas indicate trunk cycle and pedestrian ways that link the area to major open space networks and activity centres (schools, shopping centres and employment areas).

The proposed development is not identified under the DCP or LEP as a release area; however it is greenfield development on the urban fringe of the City. Ideally, the development should provide for good open space and pedestrian links (preferably with cycle ways as well). These are not included in this proposal.

·    Lots are fully serviced and have direct frontage/access to a public road.

Conditions are attached to address the servicing issue. All the proposed lots will have access to a public road.

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

The submitted plans show the provision of a large drainage reserve along the western boundary of the subject land. This drainage reserve will be developed as a detention basin to assist with stormwater management of the site. Subdivision design in general will be required to comply with the code.

Conditions are included to ensure that the development is designed in accordance with Orange Development and Subdivision Code.


 

·    Corner lots provide for a house to front one street.

The design makes appropriate allowance for this to occur as development proceeds in the new subdivision.

·    Battleaxe lots provide an adequate accessway width for the number of dwellings proposed to be served in order to allow for vehicle and pedestrian access and location of services.

The proposed layout complies with this requirement.

·    Lots proposed to be used specifically for dual occupancy or units in new residential areas are identified on development application plans to inform prospective purchasers of the mixed residential form of the area and measures are outlined on how prospective residents are to be informed of these identified sites prior to purchasing land.

This standard is not relevant as dual occupancy is not permitted in the R5 zone.

DEVELOPMENT CONTRIBUTIONS PLAN 2017

The development generates the requirement for development contributions pursuant to Council’s Development Contributions Plan 2017 to be paid on the basis of 36 additional residential lots in the Ploughmans Valley urban release area. To this end the following condition is attached to the Notice:

The payment of $720,000.00 is to be made to Council in accordance with Section 7.11 of the Act and the Orange Development Contributions Plan 2017 (Ploughmans Valley urban release area) towards the provision of the following public facilities:

Open Space and Recreation

@ $3,989.23 x 36 additional lots

143,612.28

Community and Cultural

@ $1,156.86 x 36 additional lots

41,646.96

Roads and Traffic Management

@ $5,265.65 x 36 additional lots

189,563.40

Local Area Facilities

@ $9,005.74 x 36 additional lots

324,206.64

Plan Preparation & Administration

@ $582.52 x 36 additional lots

20,970.72

TOTAL:

 

$720,000.00

Section 64 Water and Sewer Headworks Charges

Pursuant to Section 64 of the Local Government Act 1993, water and sewer headworks charges are also applicable to the development, being 37 residential lots and one (1) drainage reserve. The proponent will be required to contribute:

·    water supply headworks for 36 lots (the existing dwelling has a water connection)

·    sewerage headworks for 37 lots.


 

Such charges are calculated at the time of release of a Subdivision Certificate. Relevant conditions have been included in the Notice of Approval, subject to the proposed staging of the development.

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

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 93)

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

Buildings to be Upgraded (clause 94)

The proposal does not involve the rebuilding, alteration, enlargement or extension of an existing building. The existing dwelling to comply with regard to distance to boundaries.

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development.

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

Setting and Context

The subject site now finds itself somewhat out of character to the surrounding development pattern of residential urbanisation, with its agricultural grazing landuse and single dwelling on 10ha. However, the proposed residential subdivision of 37 lots at minimum 2000m2 will act as a natural continuation of residential land in this locality.

The development is consistent with the predominant development pattern that has occurred recently and is not incongruous with the expected context of the area.

It is not anticipated that the development will create any significant adverse impacts on the neighbourhood amenity of the area. The site currently enjoys panoramic views to the north, east and west, and these will need to be appropriately managed in the future with applications to build. The proposed lots will all be of a size, shape and slope capable of providing a reasonable standard of residential amenity for future occupants.

Visual impacts

Visual impacts as a result of the proposed development being undertaken on the western ridgeline of the City of Orange has been previously addressed.

Traffic and Transport Impacts

Access to the proposed lots will be via the construction of three new roads, with the new collector road (Road 1) intersecting with Silverdown Way to form a T intersection. The total lot numbers on the cul-de-sac are greater than Council’s Development and Subdivision Code limit of 30 lots. However, precedent has recently been set in George Weilly Place where additional lots were added into an existing 30 lot cul-de-sac. The proposed Road 1 will be constructed to an urban collector road standard (20m wide) and as such this departure from the standard is therefore considered acceptable.


 

The development will result in additional traffic in the locality given the increases in residential density at the completion of the subdivision, however, the surrounding street network will be capable of serving the additional traffic load.

The existing dwelling obtains access to and from The Escort Way via a side road along The Escort Way and then a Right of Carriageway over the adjoining property to the south. These access arrangements for the dwelling only will be maintained as part of the proposed subdivision, with alternate access being provided from the new cul-de-sac.

The proponent will be required to construct Silverdown Way with kerb and gutter, footpath and bitumen sealed roadway for the full frontage of the development. The T junction with the new road shall have ‘Give Way’ signage and a traffic island installed for approaching westbound vehicles in Silverdown Way. Footpaths will be required in accordance with Council requirements, and has been conditioned accordingly.

The development is considered satisfactory in regards to traffic impacts.

Environmental Impacts

The development site has a landuse history of grazing. Grassland is the dominant community as result of the site having been extensively modified for agricultural purposes.

A preliminary study undertaken for the proposed development recommends the site as being suitable for residential development, however given the age and original scope of the report, the proponent has agreed to carry out further soil sampling.

The development involves the retention of existing native trees as indicated on the subdivision plan. These trees will require Tree Protection Zones during construction to ensure their health and viability.

Subject to the conditions of consent and preventative measures undertaken during the construction phase of the development, the proposal is unlikely to result in any adverse environmental impacts.

Cumulative Impacts

There is an obvious cumulative impact arising from the ongoing urbanisation of the locality as the remaining stocks of rural land are subdivided and developed for residential purposes. For this site there are also issues relating to slope, tree retention and view lines that have been elsewhere assessed.

The proposed subdivision is considered to be largely consistent with the surrounding development pattern and acts as a natural continuation of residential land from all sides. The cumulative impacts of the proposed development have been considered throughout the foregoing report and are considered to be acceptable, with measures to be augmented and perpetuated by the recommended conditions included in the attached Notice of Approval. It is also considered appropriate to include conditions relating to appropriate rural fencing around the perimeter of the site.

Heritage

As previously addressed, a precautionary condition of consent will apply to the development should items of aboriginal heritage be discovered during construction.


 

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

The proposed development is located in the R5 Large Lot Residential zone and is permissible with the consent of Council. The suitability of the site have been addressed in the above sections of the report.

The subject land is considered to be suitable to undertake the proposed development due to the following:

·    The development is permissible and compliant with the relevant provisions of the LEP.

·    The development is considered to be satisfactory in regard to s4.15 of the Environmental Planning and Assessment Act 1979.

·    The potential impacts of the development can be managed appropriately through the conditions of consent.

·    The development of the site will not create significant adverse impacts on the context and setting of the area.

·    The development of the site will not detrimentally affect adjoining land and is unlikely to lead to land use conflicts.

·    All utility services are or can be made available, including suitable road access.

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

The proposed development is not defined as advertised development under the provisions of the LEP, and as such no formal exhibition of the application was required. It was, however neighbour notified to adjoining landowners, with an exhibition period of Monday, 11 November 2019 to Monday, 25 November 2019. At the end of the notification period, two submissions were received by Council, and are attached to this report. The matters raised in their submissions are discussed below:

Regarding the proposed location of the intersection with Silverdown Way, can the new road form a cross road with Silverdown Way and Gorman Road for safety reasons?

The proponent advises that ‘the north-western corner of the subject land is the most appropriate location to create the intersection with Silverdown Way due to the proposed design converting the present 90 degree turn in the road to a legible T intersection; and the topography at this location is more suitable for the intersection and new road given that the remainder of the sites frontage to Silverdown Way is affected by a relatively steep embankment.

Council’s Manager Engineering Services does not support the proposal for the intersection to be constructed at Gorman Road, and that “a normal T intersection with the priority being Silverdown Road and the “New Road” would be my preferred option and a safer one. I support the raised concrete median with a “Give Way” sign as proposed”. This has been conditioned accordingly in the attached Notice of Approval.


 

Will there be public access to the drainage reserve and will it impact upon privacy to the west?

Public access will be possible, similar to all stormwater detention basins located on public land within the LGA. Given the size of the neighbouring allotment (2.22ha) and the distance to the existing neighbouring dwelling from the drainage reserve, privacy is not considered to be significantly impacted as a result of public access to the stormwater detention basin.

What is the airspace of the basin above the overflow pipe to allow for a massive downpour to be temporarily contained should the overflow pipe running through our property not keep up? Should a once in ten year flood occur, what measures are in place to stop the water bursting or overflowing the OSD walls and down the hill into our property?

Detention basin walls are designed to hold a 1% event (1 in 100 yr) and provide at least 300mm-500mm freeboard above the spillway water level. The spillway will overflow during a 5% (or rarer) storm event (1 in 20 year or rarer). The spillway will direct the overflow towards the drainage easement. The easement can be shaped to contain/direct the flows towards the table drains in the street. An engineering design will be required to be formally approved so as to ensure that stormwater drainage from the site is appropriately managed and suitably discharged.

Can a precautionary contour to divert any runoff water around the building envelope be considered on our Lot 15 for flood mitigation?

Preliminary engineering plans show the detention basin spillway and stormwater overland flow path directed away from the building envelope. An engineering design will be required to be formally approved so as to ensure that stormwater drainage from the site is appropriately managed and suitably discharged.

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, D20/20954

2          Plans, D20/20935

3          Submissions, D20/20871

  


Council Meeting                                                                                                         21 April 2020

Attachment 1      Notice of Approval

 

ORANGE CITY COUNCIL

 

Development Application No DA 259/2019(1)

 

NA20/                                                                      Container PR18317

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

 

Development Application

 

  Applicant Name:

Adam Grant Constructions Pty Ltd

  Applicant Address:

C- Peter Basha Planning and Development

PO Box 1827

ORANGE  NSW  2800

  Owner’s Name:

Mr MC and Mrs LE Hansen

  Land to Be Developed:

Lot 3 DP 1036031 - 448 The Escort Way, Orange

  Proposed Development:

Subdivision (37 lot residential and 1 drainage reserve)

 

 

Building Code of Australia

 building classification:

 

Class to be determined by Certifier

 

 

Determination made under

  Section 4.16

 

  Made On:

21 April 2020

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

22 April 2020

Consent to Lapse On:

22 April 2025

 

Terms of Approval

 

The reasons for the imposition of conditions are:

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

(2)      To maintain neighbourhood amenity and character.

(3)      To ensure compliance with relevant statutory requirements.

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

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

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

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

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

 

 

 

 

Conditions

 

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

 

(a)      Plans numbered: Heath Consulting Engineers Job No 18_027 Drawing 18027 - DA03 Rev D, DA04 Rev D, DA05 Rev D, DA06 Rev D, DA07 Rev D (5 sheets)


 

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

 

as amended in accordance with any conditions of this consent.

 

 

PRESCRIBED CONDITIONS

 

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

 

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

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

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

(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.

 

 

STAGE ONE - TWO LOT SUBDIVISION

 

PRIOR TO WORKS COMMENCING

 

(5)      All trees identified as being retained on the subject subdivision site and those immediately adjoining to the west in close proximity to the common boundary of Lot 15 DP 1209535 and the subject site shall have tree protection zones (TPZ) in accordance with AS4970 – 2009 established upon the development site. Where civil works that have been identified on the submitted plans are proposed to occur within the TPZ, the TPZ fencing shall be established at the maximum limit (distance from the centre of the trees trunk) to enable such works to be enacted. Should excavation be required within the TPZ a project arborist must be engaged to oversee such excavation work and ensure that any tree roots greater than 50mm in diameter are pruned on the side of attachment to the tree in accordance with AS4373 – 2007. All TPZ fencing must be inspected by Council staff prior to works commencing.

 

 

DURING CONSTRUCTION/SITEWORKS

 

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

 


 

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

 

(7)      Prior to the issuing of the Subdivision Certificate, a Surveyor’s Certificate or written statement is to be provided to the Principal Certifying Authority, stating that the existing Dwelling and On-site Sewerage Management System is within the boundaries of the proposed Lot 101.

 

 

Prior to the issue of a subdivision certificate (cont)

 

(8)      The payment of $20,000.00 is to be made to Council in accordance with Section 94 of the Act and the Orange Development Contributions Plan 2017 (Ploughmans Valley) towards the provision of the following public facilities:

Open Space and Recreation

@ $3,989.23 x 1 additional lot

$3989.23

Community and Cultural

@ $1,156.86 x 1 additional lot

$1156.86

Roads and Traffic Management Facilities

@ $5,265.65 x 1 additional lot

$5265.65

Local Area Facilities

@ $9,005.74 x 1 additional lot

$9005.74

Plan Preparation & Administration

@ $582.52 x 1 additional lot

$582.52

TOTAL:

 

$20,000.00

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

 

(9)      Application shall be made for a Subdivision Certificate under Section 6.3(1)(d) of the Act.

 

(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 1.0 ETs for water supply headworks and 2.0 ETs for sewerage headworks.  A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

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

 

(11)    Application is to be made to Telstra/NBN for infrastructure to be made available to each individual lot within the development. Either a Telecommunications Infrastructure Provisioning Confirmation or Certificate of Practical Completion is to be submitted to the Principal Certifying Authority confirming that the specified lots have been declared ready for service prior to the issue of a Subdivision Certificate.

 

(12)    A Notice of Arrangement from Essential Energy stating arrangements have been made for the provision of electricity supply to the development, is to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate.

 

(13)    All services are to be contained within the allotment that they serve. A Statement of Compliance, from a Registered Surveyor, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

 

(14)    A Restriction-as-to-User under Section 88B of the NSW Conveyancing Act is to be created on the title of proposed Lot 101 which states that:

Proposed Lot 101 may not be subdivided or further developed unless the following works are carried out to the satisfaction of Orange City Council:

·    All infrastructure services (water, sewer, stormwater drainage, gas, electricity, phone lines) as required by the Orange City Council Development and Subdivision Code are provided to Lot 101; and


 

·    The developer of proposed Lot 101 is responsible for gaining access over adjoining land for services as necessary. Easements are to be created about all service mains within and outside the lots they serve; and

·    Contributions are paid as required by the development contributions plan applicable at the time of development and Water and Sewer charges as required by Orange City Council in accordance with Division 5 of Part 2 of Chapter 6 of the Water Management act 2000.

 

(15)    A Restriction-as-to-User under Section 88B of the NSW Conveyancing Act is to be created on the title of proposed Lot 102 which states that:

Proposed Lot 102 may not be subdivided or further developed and may not be used for residential purposes unless the following works are carried out to the satisfaction of Orange City Council:

·    All infrastructure services (water, sewer, stormwater drainage, stormwater detention, gas, electricity, phone lines) as required by the Orange City Council Development and Subdivision Code are provided to Lot 102; and

·    The developer of proposed Lot 102 is responsible for gaining access over adjoining land for services as necessary. Easements are to be created about all service mains within and outside the lots they serve; and

·    Contributions are paid as required by the development contributions plan applicable at the time of development and Water and Sewer charges as required by Orange City Council in accordance with Division 5 of Part 2 of Chapter 6 of the Water Management act 2000; and

·    Silverdown Way road frontage is constructed in accordance with the Orange City Council Development and Subdivision Code as half road width including kerb and gutter on the development side of the road.

 

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

 

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

 

 

STAGE TWO - 37 LOT SUBDIVISION AND DRAINAGE RESERVE

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(18)    All trees identified as being retained on the subject subdivision site and those immediately adjoining to the west in close proximity to the common boundary of Lot 15 DP 1209535 and the subject site shall have tree protection zones (TPZ) in accordance with AS4970 – 2009 established upon the development site prior to works occurring. Where civil works that have been identified on the submitted plans are proposed to occur within the TPZ, the TPZ fencing shall be established at the maximum limit (distance from the centre of the trees trunk) to enable such works to be enacted. Should excavation be required within the TPZ a project arborist must be engaged to oversee such excavation work and ensure that any tree roots greater than 50mm in diameter are pruned on the side of attachment to the tree in accordance with AS4373 – 2007.

 

(19)    Engineering plans, showing details of all proposed work and adhering to any engineering conditions of development consent, are to be submitted to, and approved by, Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.


 

(20)    An erosion and sediment management plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The management plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

 

(21)    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.

 

(22)    All proposed lots shall be provided with interlot stormwater drainage, including those lots abutting public land, where the surface of the entire lot cannot be drained to the kerb and gutter at the lot frontage. A grated concrete stormwater pit is to be constructed within each lot provided with interlot stormwater drainage. Engineering plans for this drainage system are to be approved by Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.

 

(23)    Stormwater from the stormwater detention basin shall be either piped for the full length of Kirkwood Place to the intersection of Spencer Lane, OR piped within the road reserve of Kirkwood Place to a point where it is able to be discharged through a standard headwall with appropriate scour protection to a natural watercourse. The roadside table drain in Kirkwood Place shall not be used to convey stormwater from the outlet pipe from the detention basin. Engineering plans of this required drainage system are to be approved by Orange City Council and a licence from the Department of Planning Infrastructure and Natural Resources for work within 40 metres of the watercourse is to be submitted prior to the issuing of a Construction Certificate.

 

(24)    A 150mm-diameter sewer main and pump station shall be constructed to serve the proposed lots. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council.

 

(25)    A water reticulation analysis is to be carried out by Orange City Council on any proposed water reticulation system for the development.  Engineering plans are to be submitted to and be approved by Orange City Council prior to the issue of a Construction Certificate. The residential subdivision shall be provided with Orange City Councils dual reticulated water supply.

The reticulation system is to be designed to supply a peak instantaneous demand by gravity of 0.15 L/s/tenement at a minimum residual head of 200kPa.

 

(26)    Road 1 alignment and levels shall be amended to eliminate cut / fill within the TPZ of the cluster of eucalypts located on proposed Lot 37. The trees shall be wholly contained within their respective Lot.


 

(27)    Proposed roads 1 to 3 shall be constructed to full urban standard. Silverdown Way shall be constructed as half road width for the full frontage of the proposed development and shall tie into existing road formations and kerb and gutter. This work is to include road pavement and pavement surfacing to the centreline, kerb and gutter construction and earth-formed footpath on the development side of the road. The intersection of Silverdown Way and the new 20m wide road shall have “Give Way” signage, line marking and raised concrete traffic island(s) installed for approaching west bound traffic in Silverdown Way. Prior to a Construction Certificate being issued engineering plans for these road works are to be submitted to and approved by Orange City Council.

 

(28)    Prior to the issuing of a Subdivision Construction Certificate, an online Road Naming Application form is to be completed and submitted with a plan of the whole development defining the stage being released - including future road extensions. The Road Naming Application shall be approved prior to the issue of a Subdivision Construction Certificate.

 

 

PRIOR TO WORKS COMMENCING

 

(29)    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 the connection of the existing dwelling to the new Sewer Mains. No drainage is to commence until approval is granted.

 

(30)    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.

 

(31)    A Subdivision Construction Certificate application is required for to be submitted to, and issued by Council/Accredited Certifier prior to any construction works being carried out onsite.

 

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

 

 

DURING CONSTRUCTION/SITEWORKS

 

(33)    Excavated rock derived from the site works shall be stored/used in above ground uses within the subdivision area.  Excavated rock shall not be re-buried.

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.

 

(34)    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.

 

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

 

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

 

(37)    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 all the lots 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.

 

(38)    For all battle-axe blocks, a concrete kerb layback and footpath crossing is to be constructed to a minimum width of 3.0 metres and to the requirements and standards of the Orange City Council Development and Subdivision Code.

Proposed Lot 38 shall be provided with a 3.0m wide heavy duty kerb layback, footpath crossing and concrete driveway to the sewer pump station.

 

(39)    Dual water and sewerage reticulation is to be provided to every lot in the proposed residential subdivision in accordance with the Orange City Council Development and Subdivision Code.

 

(40)    Water and sewer services, including mains construction, pumping station construction, easements and all associated materials and works, are to be provided for the development at the cost of the developer.

 

(41)    All services are to be contained within the allotment that they serve.

 

(42)    Concrete footpaths, a minimum of 1.2 metres wide, are to be constructed on the development side of Silverdown Way and the full length of Road 1.

Construction work is to be to the requirements and standards of the Orange City Council Development and Subdivision Code.

 

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

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

 

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

 

 

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

 

(45)    A Restriction as to User under Section 88B of the NSW Conveyancing Act 1919 shall be created on the title of each lot requiring:

·       Buildings (including all dwellings and outbuildings) when viewed from their respective street address shall comprise single storey height limit only. The single storey height limit for dwellings and outbuildings in this locality may only be varied so as to provide for under croft and split level construction at the rear of buildings where the slope of the land permits. Buildings shall be designed so as to eliminate the opportunity for sky lining of buildings along the ridgeline when viewed from the east and west.

·       A maximum building site coverage of 35% for each lot.

 

·      The provision of a landscape plan approved by Council prior to the construction of any structure (dwelling or outbuilding) indicating species selection with a mature height greater than the height of any structures proposed, and to screen a minimum 50% of the width of the front and rear of all proposed structures.  Full implementation of the approved landscaping is required prior to the issue of an Occupation Certificate, and retention and maintenance of such landscaping required thereafter.


 

·      All fencing shall be erected using rural type fencing less the barb wire component (excepting the eastern boundaries of Lots 4 to 6, and 8 to 17). Timber posts and rail with wire netting is acceptable.

·      Buildings shall be constructed using predominantly non-reflective external materials that reflect the darker recessive natural colours of the setting ie shades of natural green and brown predominating over brighter colours. Zincalume roof surfaces are not permitted.

 

(46)    The payment of $700,000.00 is to be made to Council in accordance with Section 7.11 of the Act and the Orange Development Contributions Plan 2017 (Ploughmans Valley) towards the provision of the following public facilities:

Open Space and Recreation

@ $3,989.23 x 35 additional lots

$139,623.05

Community and Cultural

@ $1,156.86 x 35 additional lots

$40,490.10

Roads and Traffic Management Facilities

@ $5,265.65 x 35 additional lots

$184,297.75

Local Area Facilities

@ $9,005.74 x 35 additional lots

$315,200.90

Plan Preparation & Administration

@ $582.52 x 35 additional lots

$20,388.20

TOTAL:

 

$700,000.00

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

 

(47)    Soil sampling for analysing chemical residue is to be carried out within the proposed Lots in a manner and frequency as determined by an appropriately qualified and experienced consultant giving consideration to previous specific uses and on-site characteristics of the site. A NATA‑registered laboratory is to carry out such testing. Reference is to be made to the Contaminated Land Management Act 1997 and State Environmental Planning Policy No 55 - “Remediation of Land”. The results of the testing are to be provided to the Principal Certifying Authority and are to demonstrate that the land is suitable for residential use, to enable a Subdivision Certificate to be issued.

 

(48)    A Restriction-as-to-User under Section 88B of the NSW Conveyancing Act 1919 shall be created on the title of Lots 22, 23, 25, 26, 33, 36 and 37 to require the retention of the existing trees.

 

(49)    The contents of the existing septic tank are to be removed by a licensed contractor for disposal into Council’s sewer system. The septic tank is to be excavated and disposed of at a licensed landfill and the absorption trench is to be drained and the voids limed and backfilled with clean compacted material.

Evidence of such work is to be provided to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

 

(50)    Prior to the issue of a Subdivision Certificate, documentation is to be provided indicating that an Occupation Certificate has been issued for the Retaining Walls and a Compliance Certificate has been issued for the sewer connection of the existing dwelling to the Sewer Main.

 

(51)    Application shall be made for a Subdivision Certificate under Section 6.3(1)(d) of the Act.

 

(52)    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 35 ETs for water supply headworks and 35 ETs for sewerage headworks.  A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

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

 

(53)    Evidence from a registered NATA laboratory is to be submitted prior to the issuing of a Subdivision Certificate stating that the filling of all dams and low-lying areas has been carried out in accordance with Australian Standard 3798-2007.


 

(54)    Application is to be made to Telstra/NBN for infrastructure to be made available to each individual lot within the development. Either a Telecommunications Infrastructure Provisioning Confirmation or Certificate of Practical Completion is to be submitted to the Principal Certifying Authority confirming that the specified lots have been declared ready for service prior to the issue of a Subdivision Certificate.

 

(55)    A Notice of Arrangement from Essential Energy stating arrangements have been made for the provision of electricity supply to the development, is to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate.

 

(56)    An easement to drain sewage and to provide Council access for maintenance of sewerage works a minimum of 2.0 metres wide is to be created over the proposed sewerage works. The Principal Certifying Authority is to certify that the easement is in accordance with the Orange City Council Development and Subdivision Code prior to the issuing of a Subdivision Certificate.

 

(57)    All services are to be contained within the allotment that they serve. A Statement of Compliance, from a Registered Surveyor, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

 

(58)    A Certificate of Compliance, from a Qualified Engineer, stating that the stormwater retention basin comply with the approved engineering plans is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

 

(59)    A Maintenance Security Deposit, in accordance with the provisions and requirements of the Orange City Council Development and Subdivision Code, is to be provided to Orange City Council prior to the issuing of a Subdivision Certificate.

A Certificate of Compliance, from Orange City Council, certifying that the maintenance security deposit has been paid, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

 

(60)    Where stormwater crosses land outside the lot it favours, an easement to drain water is to be created over the works. A Restriction-as-to-User under Section 88B of the NSW Conveyancing Act 1919 is to be created on the title of the burdened allotment(s) requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the interlot drainage system. The minimum width of the easement is to be as required in the Orange City Council Development and Subdivision Code.

 

(61)    Prior to the issuing of a Subdivision Certificate for Stage 2, and following commissioning of the sewer pump station, the existing dwelling shall be connected to sewer. Evidence of the satisfactory completion of the works by a licensed plumber shall be submitted to the Principal Certifying Authority.

 

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

 

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


 

 

 

 

Other Approvals

 

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

 

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

 

          Nil

 

 

 

Right of Appeal

 

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

 

  Disability Discrimination Act 1992:

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

 

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

 

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

 

 

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

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

 

 

Signed:

On behalf of the consent authority ORANGE CITY COUNCIL

 

 

Signature:

 

 

Name:

 

PAUL JOHNSTON – MANAGER DEVELOPMENT ASSESSMENTS

 

Date:

 

22 April 2020

 


Council Meeting                                                                                                                        21 April 2020

Attachment 2      Plans

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Council Meeting                                                                                                                        21 April 2020

Attachment 3      Submissions


 

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Council Meeting                                                                                               21 April 2020

5.6     Development Application DA 108/2020(1) - 270 McLachlan Street

RECORD NUMBER:       2020/611

AUTHOR:                       David Paine, Senior Planner    

 

 

EXECUTIVE Summary

Application lodged

18 March 2020

Applicant/s

Orange City Council

Owner/s

Orange City Council

Land description

Lot 10 DP 1234801 - 270 McLachlan Street, Orange

Proposed land use

Depot (storage shed)

Value of proposed development

$150,000

Council's consent is sought for the construction of a new storage shed at the Orange City Council Depot at 270 McLachlan Street, Orange. The purpose of the shed is noted as being for storage of equipment and vehicles and is considered to be consistent with the existing land use as a depot.

The development is consistent with Council’s relevant planning provisions and is therefore recommended for approval subject to the imposition of conditions.

Figure 1 - locality plan

DECISION FRAMEWORK

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


 

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

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

DIRECTOR’S COMMENT

The subject development seeks approval for a storage shed on the existing Council depot site. The shed is for storage of equipment and vehicles. The proposed development is considered to be consistent with the existing land use as a depot, the recommendation of approval is supported. Whilst this proposal is relatively simplistic, this application is tabled before Council in accordance with the delegations detailed within the Declaration of Planning Procedures and Protocol Strategic Policy given that the Application involves significant Council development where Council will be the financial beneficiary.

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 108/2020 (1) for Depot (storage shed) at 270 McLachlan Street, 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

Council's consent is sought for the construction of a storage shed (depot) and its subsequent use for vehicle and equipment storage at Lot 10 DP 1234801, being 270 McLachlan Street, Orange.

The proposed development will comprise the following:

·    Construction of an industrial storage shed 486m² in area, with dimensions of 36m x 13.5m. The shed will be appropriately 5m high with an overall ridge height of 6.2m, and will be constructed of Colorbond wall and roof sheeting (Mist Green).

·    The front of the shed will have a 2m concrete apron which is sloped to cater for the different ground levels. The additional width of the concrete slab will accommodate vehicle movement in and out of the shed.

·    The building will be constructed on the eastern site of the existing State Emergency Service (SES) building and will be approximately 23m from the front property boundary.

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 (ie the need for a BDAR to be submitted with a DA):

·    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).

The fourth trigger (development proposed to occur in an Area of Outstanding Biodiversity Value (clause 7.2 of BC Act 2016) 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.

Trigger 1

The site does not occur within land mapped on the Biodiversity Values Map.

Trigger 2

The prescribed clearing threshold for the site is 0.25ha (based on minimum lot size for the subject land of less than 1ha ((Clause 7.2 Biodiversity Conservation Regulation 2017). No clearing/disturbance of native vegetation is proposed.


 

Trigger 3

The subject land is not identified as being biodiversity sensitive. The natural state of the site and surrounding area has been highly modified by the urban landuse pattern. It is considered that construction and use of the proposed development will not adversely affect a threatened species.

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

Section 4.15

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

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

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The 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,

The application is considered to be consistent with the above aims as it represents a development opportunity that will contribute to the diverse economic resources of the City, whilst not detracting from the regional lifestyle.

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 800m2

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:

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:

Within a flood planning area

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

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

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

·    covenants imposed or required by Council

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

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

·    any trust agreement under the Nature Conservation Trust Act 2001

·    any property vegetation plan under the Native Vegetation Act 2003

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

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


 

 

Figure 2 – excerpt from DP 1234801 (subject land outlined in red)

A number of easements exist upon the site for drainage and electricity. The proposed development will not affect the operation of these easements. Council staff are not aware of the title of the subject property being affected by any other of the above matters.

Part 2 - Permitted or Prohibited Development

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

The subject site is located within the IN1 General Industrial zone. The proposed development is defined as a depot (storage shed). Pursuant to the LEP dictionary:

depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.

Depot are permitted with consent in the IN1 General Industrial zone

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

1 - Objectives of the IN1 General Industrial Zone

·    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 proposed development is generally consistent with these objectives as follows:

·    it provides for an industrial land use

·    it will provide employment opportunities


 

·    it will not adversely impact on other industrial activities in the zone

·    it will support and protect industrial land for industrial uses

·    the site is not in the vicinity of the Southern Feeder Road.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

The provisions of Part 4 of the LEP are not relevant to this application.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

The site is adjacent to the Orange Showground which is identified as a Local heritage item (Item No I64). The storage shed will be constructed appropriately 23m from the northern property boundary which is adjacent to the showground. There is no direct sightline from the proposed site to the heritage item, and therefore the development is unlikely to have any impacts on the Local heritage item.

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 required for the proposed structure. The extent of disruption to the drainage of the site is considered to be minor and will not detrimentally affect adjoining properties or receiving waterways.

The site is not known to contain any Aboriginal, European or Archaeological relics. Previous known uses of the site do not suggest that any relics are likely to be uncovered. However, a condition is 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.


 

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

Appropriate measures are proposed in the way of appropriate drainage and oil separators to protect against any adverse impacts to any nearby waterways.

7.2 - Flood Planning

This clause applies to land identified on the Flood Planning Map as a Flood Planning Area and requires that, before any consent is issued, Council must be satisfied that the proposal:

(a)     is compatible with the flood hazard of the land, and

(b)     is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c)     incorporates appropriate measures to manage risk to life from flood, and

(d)     is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e)     is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

Figure 3 – overland flow affectation of the site

The subject land is identified as a “flood planning area” on the Flood Planning Map pursuant to OLEP 2011. In this regard, the positioning of the proposed building is well separated from the flood affected area of the land. It is therefore considered that the proposed development is unlikely to change flooding regimes on or off the site and would be unlikely to cause or contribute to erosion, siltation or reduce riparian vegetation, or create a cost burden on the community or neighbours.


 

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.

The proposal has been designed to include permeable surfaces and includes onsite retention of stormwater through the use of rainwater tanks. It is therefore considered that the post development runoff levels will not exceed the predevelopment levels.

7.6 - Groundwater Vulnerability

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

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

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

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

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

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

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

The proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems. The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion. The design and siting of the proposal has sought to avoid impacts on groundwater and is therefore considered acceptable.

Clause 7.11 - Essential Services

Clause 7.11 applies and states:

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


 

(a)     the supply of water,

(b)     the supply of electricity,

(c)     the disposal and management of sewage,

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

(e)     suitable road access.

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

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land (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.

This policy applies to the proposed development and contains planning controls for the remediation of contaminated land.

SEPP 55 requires that prior to granting consent to the carrying out of any development on land the consent authority is required to give consideration as to whether the land is contaminated and, if the land is contaminated, whether the land is suitable for the purpose of the development or whether remediation is required.

The subject land is currently being used for industrial purposes. The proposal is considered to be acceptable having regard to this policy.

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

Draft Remediation of Land SEPP

From 31 January to13 April 2018 the Department of Planning and Environment publicly 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).

Council records indicate that nearby land to the south may be potentially contaminated. However, it is considered that the contamination potential of the subject site from these neighbouring sites is low. Furthermore, the proposed industrial development is not considered to be a sensitive use. As noted in the SEPP 55 assessment above, no further investigations in relation to contamination are required in this case.

Draft Orange Local Environmental Plan 2011 - Amendment 24

Draft Amendment 24 of Orange LEP 2011 was formally placed on exhibition from Friday, 26 July 2019, for a period of 28 days.

The subject land is identified in Amendment 24 as being affected by flooding. This matter has been addressed earlier in this report under “7.2 - Flood Planning”.

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

P0 0.4-10 Interim Planning Outcomes – 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.

Residential properties are located in close proximity to the subject site (to the northeast, east and south). Additionally, the Colour City Caravan Park (which has permanent residents) is located to the north of the site (refer Figure 4 below). It is considered that the proposed development will not adversely impact upon the nearby residential receivers.


 

 

Figure 4 – residences located in the vicinity of the subject land

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.

Siting 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.


 

Traffic and Access

The surrounding road network is capable of handling any additional traffic generated by the development. Car parking, site access and onsite manoeuvring are considered adequate.

Noise

It is anticipated that the storage shed will only be used during normal Council Depot operating hours (being 7am to 4pm five days a week), although there may be some weekend access in the case of emergency call-outs. The nature of the proposed use (being a depot) means that it is unlikely that adverse noise impacts will be generated.

Air Quality

The proposed use will not generate dust, odour or chemical spray; therefore no adverse air quality impacts will be generated.

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

CHAPTER 9 - DEVELOPMENT IN THE INDUSTRY AND EMPLOYMENT ZONE

PO 9.3-1 Planning Outcomes - Industrial Site Development

·    Buildings are set back a minimum of 10 metres from front boundaries (5 metres to a secondary boundary on a corner lot) for lots greater than 1,000m² or 5 metres 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 proposed building will be appropriately sited on the subject land and will not cause any unreasonable impacts within the streetscape.

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

The proposed storage she will not result in buildings on the subject land covering more than 50% of the site area. The development is consistent with the above.

·    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.

Existing landscaping is not proposed to be altered, nor is it considered necessary to provide additional landscaping.


 

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

The proposed building is functional for its intended use. The building will be set back appropriately 23m from the front property boundary and no concern is raised with the appearance of the building.

·    External materials consist of non-reflective materials

The Statement of Environmental Effects confirms non-reflective materials are to be used. The shed will be constructed in Colorbond sheeting (Mist Green).

·    Adequate parking and onsite manoeuvring is provided.

The car parking requirement for a depot is 2 spaces per every 3 employees. The subject depot building will be used for the storage of existing plant and equipment. It is not envisaged that the development will result in the direct employment of additional staff to operate the building rather it will serve to provide better facilities for the weather protection of plant and equipment. The proposed development in this regard will not alter existing parking on the subject land, nor will it create additional parking demand as a result of the proposal.

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

No advertising is proposed.

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

The existing fencing consists of a 1.8m high chain wire mesh fence and is considered adequate.

PO 9.6-1 Planning Outcomes - 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 15 – CAR PARKING

The car parking requirements for the development site have been addressed above. Car parking, site access and onsite manoeuvring are considered adequate.

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

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.


 

Fire Safety Considerations (clause 93)

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

Buildings to be Upgraded (clause 94)

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

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development.

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

Neighbourhood Amenity

The subject land is located in the IN1 General Industrial zone and forms part of Council’s existing operations. The site is surrounded by land uses that are consistent with that of the IN1 General Industrial zone.

It is unlikely that the development will create any significant adverse impacts on the neighbourhood amenity of the area. The proposal is unlikely to adversely affect any neighbouring properties.

Noise

It is considered that the operational noise levels of the development will be consistent with those uses in the surrounding locality. The proposed use is unlikely to generate noise levels beyond what is typical of an industrial area.

Visual

The visual impacts of the proposed development are considered to be acceptable, as detailed earlier in this report.

Traffic and Transport

The traffic impacts of the proposed development are considered to be acceptable. The capacity of the local road network is sufficient to accommodate the additional traffic generated by the development. The proposed access, parking area and manoeuvring arrangements are considered to be satisfactory.

Cumulative Impacts

The proposal is considered to be suitable in regard to cumulative impacts. The proposal is consistent with the surrounding development pattern and is unlikely to result in any adverse environmental impacts.

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

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

·    a depot (storage shed) is permitted in the zone

·    the proposal is a use that is compatible with operation of the existing depot, and the development can be operated in a way that will ensure reasonable amenity to nearby dwelling houses and residential zones


 

·    conditions of consent are recommended to minimise environment impacts

·    utility services are available 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 LEP, and as such no formal exhibition of the application was required. No submissions have been received in relation to this application.

PUBLIC INTEREST s4.15(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. The proposal is 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, D20/21133

2          Plans, D20/20880

  


Council Meeting                                                                                                         21 April 2020

Attachment 1      Notice of Approval

 

ORANGE CITY COUNCIL

 

Development Application No DA 108/2020(1)

 

NA20/                                                                    Container PR27808

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

 

Development Application

 

  Applicant Name:

Orange City Council

  Applicant Address:

Attention Mr M Beasley

PO Box 35

ORANGE  NSW  2800

  Owner’s Name:

Orange City Council

  Land to Be Developed:

Lot 10 DP 1234801 - 270 McLachlan Street, Orange

  Proposed Development:

Depot (storage shed)

 

 

Building Code of Australia

 building classification:

 

Class to be determined by the PC

 

 

Determination made under

  Section 4.16

 

  Made On:

21 April 2020

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

22 April 2020

Consent to Lapse On:

22 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 ensure the utility services are available to the site and adequate for the development.

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

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

 

 

 

 

Conditions

 

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

 

(a)      Plans by Shed World. Ref No: TS-001-00, TS-001-01, TS-001-02, TS001-03, TS-001-04, TS-001-05, TS-001-06, TS-001-07 and updated architectural plans – no reference and no date

 

(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.

 

 

PRIOR TO WORKS COMMENCING

 

(4)      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.

 

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

 

 

DURING CONSTRUCTION/SITEWORKS

 

(6)      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.

 

(7)      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.

 

(8)      Where Orange City Council is appointed as the Principal Certifying Authority, the following inspections will be required to be carried out by Council:

-    at commencement of building work

-    footing reinforcement, prior to the pouring of concrete

-    slab reinforcement, prior to the pouring of concrete

-    frame inspection

-    final inspection.

Should any of the above mandatory inspections not be carried out by Council, an Occupation Certificate will not be issued on the complete structure.

 

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

 

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


 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

(11)    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.

 

(12)    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.

 

(13)    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

 

(14)    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.

 

(15)    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.

 

 

 

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.

 

          (1)      All stormwater is to be disposed of in a manner suitable to the site.

 

 

 

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:

 

22 April 2020

 


Council Meeting                                                                                                                        21 April 2020

Attachment 2      Plans

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Council Meeting                                                                                               21 April 2020

5.7     Development Application DA 18/2020(1) - 1185 Pinnacle Road

RECORD NUMBER:       2020/613

AUTHOR:                       Andrew Crump, Senior Planner    

 

 

EXECUTIVE Summary

Application lodged

16 January 2020

Applicant/s

Mr GR and Mrs VH McAllister

Owner/s

Mr A and Mr M Previtera

Land description

Lot 1 DP 543928 - 1185 Pinnacle Road, Orange

Proposed land use

Demolition (existing packing shed) and Agricultural Produce Industry (new packing shed)

Value of proposed development

$147,500

Council's consent is sought to demolish and reconstruct a packing shed (characterised as an agricultural produce industry under Orange LEP 2011) that collapsed due to a heavy snow fall.

The packing shed will be constructed in the exact same location on the existing slab in the location shown in the below Figure 1.

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Figure 1: locality plan (parcel outlined in red and building location shown in yellow)

DECISION FRAMEWORK

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

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


 

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

DIRECTOR’S COMMENT

The proposal involves the demolition and reconstruction of a packing shed that collapsed due to a heavy snow fall. The submitted plans show that the packing shed will be constructed in the exact same location on the existing slab. The recommendation of approval is supported. Whilst this proposal relates to a simplistic development, being the replacement of an orchard packing shed, in accordance with the Declaration of Planning Procedures and Protocol Strategic Policy given that the applicant is a Councillor with Orange City Council delegation for the determination of this application rests with Council.

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 18/2020(1) for Demolition (existing packing shed) and Agricultural Produce Industry (new packing shed) at Lot 1 DP 543928 - 1185 Pinnacle 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

The land is a 9.8ha parcel and comprises an existing house, orchard and cool store as well as the collapsed packing shed.

The parcel is located adjacent to the Pinnacle Reserve at the top of the Pinnacle and shares a boundary with Cabonne Shire.

The adjoining land is heavily vegetated and the subject land is identified as bushfire prone land.

THE APPLICATION

Council's consent is sought to rebuild an existing packing shed that was destroyed by heavy snowfall.

The packing shed will be 243.5m2 comprising a skillion roof with a wall height of 4.5m sloping to 3.125m.

The packing shed will be located on the southern side of the existing cool stores.

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 (ie the need for a BDAR to be submitted with a DA):

·    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).

The fourth trigger (development proposed to occur in an Area of Outstanding Biodiversity Value (clause 7.2 of BC Act 2016) 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.

Trigger 1

The land is not identified as high biodiversity value as shown on the relevant mapping.

Trigger 2

The application does not involve any clearing.

Trigger 3

With regard to the third trigger, the test for determining whether proposed development is otherwise likely to significantly affect threatened species is listed in the BC Act 2016, under s7.3:

(a)     in the case of a threatened species, whether the proposed development or activity is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction,


 

(b)     in the case of an endangered ecological community or critically endangered ecological community, whether the proposed development or activity:

(i)      is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

(ii)     is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,

(c)     in relation to the habitat of a threatened species or ecological community:

(i)      the extent to which habitat is likely to be removed or modified as a result of the proposed development or activity, and

(ii)     whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed development or activity, and

(iii)    the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species or ecological community in the locality,

(d)     whether the proposed development or activity is likely to have an adverse effect on any declared area of outstanding biodiversity value (either directly or indirectly),

(e)     whether the proposed development or activity is or is part of a key threatening process or is likely to increase the impact of a key threatening process.

The subject land is essentially cleared of native vegetation for horticultural purposes. As such, the development is not likely to give rise to any impacts upon any endangered ecological communities, threatened species or their habitats.

Additionally, it is noted that the development involves the construction of a packing shed in the same location as an existing partially collapsed shed. As such, there is virtually no disturbance of any vegetation.

The development is considered acceptable in relation to the third trigger.

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,

(c)     to conserve and enhance the water resources on which Orange depends, particularly water supply catchments,

(d)     to manage rural land as an environmental resource that provides economic and social benefits for Orange,

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

The application is considered to be consistent with aims (a), (b), (c), (d) and (f) as listed above.

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 E3 Environmental Management

Lot Size Map:

Minimum Lot Size 100ha

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:

High biodiversity sensitivity on the site

Groundwater Vulnerability Map:

Groundwater vulnerable

Drinking Water Catchment Map:

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 and Clause 2.3 - Zone Objectives and Land Use Table

The subject site is located within the E3 Environmental Management zone. The proposed development is characterised as an Agricultural Produce Industry (packing shed) under OLEP 2011 which means:

a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.

The application also involves demolition which is addressed below.

Agricultural Produce Industries and Demolition are permissible in the E3 Environmental Management Zone with the consent of Council.

Clause 2.3 of LEP 2011 references the Objectives for each zone in LEP 2011. These objectives for land zoned E3 Environmental Management are as follows:

1 - Objectives of the E3 Environmental Management Zone

·    To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

·    To provide for a limited range of development that does not have an adverse effect on those values.

·    To manage development within water supply catchment lands to conserve and enhance the city and district’s water resources.

·    To maintain the rural function and primary production values of the area.

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

The development is not inconsistent with the objects of the zone.

Clause 2.7 - Demolition Requires Development Consent

This clause triggers the need for development consent in relation to the demolition of a building or work.


 

This application involves the demolition of the existing packing shed that collapsed from a snow fall which the applicant has sought via this application.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 6 - Urban Release Area

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

Part 7 - Additional Local Provisions

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.

The proposal has been designed to include permeable surfaces and includes onsite retention of stormwater through the use of existing rainwater tanks. It is therefore considered that the post-development runoff levels will not exceed the pre-development levels.

7.4 - Terrestrial Biodiversity

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

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

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

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

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

Additionally, this clause prevents consent being granted unless Council is satisfied that:

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

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


 

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

The proposal is located on land that has been identified on the Terrestrial Biodiversity Map as partially comprising “High Biodiversity Sensitivity” land. The subject site was inspected on 7 April 2020 and the area of sensitivity was found to mostly relate to the adjoining land and the boundaries of the subject site. The proposed development of the site is located clear of the sensitive area and given the proposed building will be constructed on an existing slab, there will be no impacts arising from the proposed building. Additionally, the proposed vehicular access to the development is existing so no impacts will arise from the access either.

In this regard the proposal has been designed to site the building and the vehicular access in a manner that seeks to avoid adverse consequences.

Accordingly, the proposal is unlikely to fragment, diminish or disturb the biodiversity structure, ecological functions or composition of the land and does not reduce habitat connectivity with adjoining sensitive areas.

7.6 - Groundwater Vulnerability

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

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

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

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

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

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

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

The proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems. The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion. The design and siting of the proposal avoids impacts on groundwater and is therefore considered acceptable.


 

7.7 - Drinking Water Catchments

(1)     The objective of this clause is to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages.

(2)     This clause applies to land identified as “Drinking water” on the Drinking Water Catchment Map.

(3)     Before determining a development application for development on land to which this clause applies, the consent authority must consider whether or not the development is likely to have any adverse impact on the quality and quantity of water entering the drinking water storage, having regard to:

(a)     the distance between the development and any waterway that feeds into the drinking water storage, and

(b)     the onsite use, storage and disposal of any chemicals on the land, and

(c)     the treatment, storage and disposal of waste water and solid waste generated or used by the development.

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

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

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

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

The land is located in the water catchment, however, given the existing slab will be utilised meaning there will be limited sediment emanating from the site, there is unlikely to be any impacts on water quality.

There is no onsite effluent generated by the development.

The development is considered satisfactory with regards to the above provisions.

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 available to the land and adequate for the proposal.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 Remediation of Land

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

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

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

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

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

The land has a long history being used for horticultural purposes and whilst there is the possibility that the land may be contaminated from the use of sustained spray pesticide and herbicide; given that this development involves only the erection of a structure on an existing slab there will be no ground disturbance, and the existing slab will prevent any pathways to nearby receptors if contamination was to exist in the location of the proposed building.

Moreover, a site inspection by Council’s Environmental Health and Building Surveyor did not identify any staining on the slab other possible contamination sources within the area of proposed construction.

As such, the development is considered satisfactory with regards to SEPP 55.

State Environmental Planning Policy (Infrastructure)

State Environmental Planning Policy (Infrastructure) is applicable to the development given the presence of electricity infrastructure in the way of a power line traversing the site. To this end the following clauses of the SEPP apply:

Clause 45 Determination of development applications—other development

(1)     This clause applies to a development application (or an application for modification of a consent) for development comprising or involving any of the following—

(b)     development carried out—

(iii)    within 5m of an exposed overhead electricity power line,

Measuring from an aerial view of the property; the subject power line is greater than 5m from the proposed building. As such, referral to the electricity supply authority was not required.


 

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).

Council records do not indicate any adjoining land being contaminated. As such, the development is consistent with the draft SEPP.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

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

Development Control Plan 2004

Development Control Plan 2004 (“the DCP”) applies to the subject land (Chapters 0, 2, 3, 4 and 6). An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

Chapter 0 – LEP 2011

Pursuant to Planning Outcome 0.2-1 Interim Planning Outcomes - Conversion of Zones:

·    Throughout this Plan, any reference to a zone in Orange LEP 2000 is to be taken to be a reference to the corresponding zone(s) in the zone conversion table.

The corresponding zone to zone 1a General Farming (Orange LEP 2000) is zone E3 Environment Management zone (Orange LEP 2011). As such, Orange DCP 2004 – Chapter 6 – Rural Development is relevant to this proposal and in addition to other relevant section is addressed below.

Chapter 2 – Natural Resource Management

Chapter 2 – Natural Resource Management provides planning outcomes for stormwater quality, groundwater quality, soil resource management, vegetation management and flora and fauna management; all of which have been considered above under the heading Orange LEP 2011 (stormwater, groundwater) or Section 1.7 of the Act.


 

Chapter 3 – General Considerations

Chapter 3 provides planning outcomes of a general nature. Those of relevance to this assessment relate to cumulative impacts and, scenic and landscape qualities. These are all addressed elsewhere within this report. Cumulative impacts and Scenic and landscape considerations are addressed below under the heading “Likely Impacts”. The other matters are not relevant to the assessment.

Chapter 4 – Special Environmental Considerations

Chapter 4, inter alia, provides planning outcomes for the disposal of onsite effluent and land-shaping. In relation onsite effluent, no changes to existing effluent arrangements are proposed.

In relation to land shaping, the existing slab is being repurposed for the proposed building and as such no land shaping (earthworks) are proposed.

Chapter 6 – Rural Dwellings Houses

·    The dwelling house complies with Council’s Energy Smart Homes Code.

Not applicable.

·    The dwelling house is sited on land identified as being suitable for construction and free from contamination, flooding and bushfire risk.

Not applicable.

·    Privacy and views of neighbouring houses are retained.

The proposed building will not impact upon any adjoining neighbours by way of privacy and views (it is noted the nearest adjoining property is approximately 180m); nor will it unreasonably impact upon the scenic qualities of the adjacent reserve.

·    A suitable area is available for perpetual onsite disposal of wastes.

This is addressed above under the DCP chapter 4 considerations.

·    Substantial remnant vegetation is protected from disturbance.

This is addressed above under the Section 1.7 considerations.

·    An adequate water supply is provided.

Existing stormwater arrangements will be retained.

·    All-weather access to a public road is provided.

The land comprises an existing access from Pinnacle road which will be utilised for this development.

·    Entry gateways are set back sufficiently from the front boundary to allow vehicles to pull up off the public road carriageway.

The land comprises an existing access which is considered satisfactory.


 

·    A buffer area is established in the vicinity of agricultural operations.

Buffers are not considered warranted for the proposed packing shed as these types of activities will not give rise to such things as chemical spray drift or dust. It is noted that there are existing vegetative buffers in place relating to the existing orchards.

·    Outbuildings are located in proximity of and to the rear of the main dwelling house when viewed from the nearest road.

The proposed packing shed is located behind the existing dwelling and is co-located with the existing cool store on the land. The development is consistent with the above planning outcome.

Planning For Bushfire 2019

The subject land is identified on the Bushfire prone land as being partly affected by the bushfire mapping and partly affected by the bushfire prone land buffer mapping (refer below); as such the Planning for Bushfire 2019 is applicable to the development.

Figure 2: subject lands affectation by the RFS Bushfire prone land mapping

The proposed building, based on the best available information within the application will be likely classified as a Class 8 building as and such the following specified provisions provided in Chapter 8.3.1.

Whilst bushfire is not captured in the NCC for Class 5-8 buildings, the following objectives will be applied in relation to access, water supply and services, and emergency and evacuation planning:

·    to provide safe access to/from the public road system for firefighters providing property protection during a bush fire and for occupant egress for evacuation

·    to provide suitable emergency and evacuation (and relocation) arrangements for occupants of the development

·    to provide adequate services of water for the protection of buildings during and after the passage of bush fire

·    to locate gas and electricity so as not to contribute to the risk of fire to a building; and provide for the storage of hazardous materials away from the hazard wherever possible.


 

The development is considered to be consistent with the above principles as follows; an existing access driveway provides direct access to the building from Pinnacle Road, suitable evacuation measures can be implemented in the event of bushfire, static water supply is provided by way of water tanks and a small dam, and finally conditions are attached in relation to the location of gas and electricity and the storage of hazardous materials.

Further to the above, Council’s Environmental Health and Building Surveyor has had a telephone conversation with the local RFS on 3 February 2020. During the conversation it was confirmed by RFS that the development did not need a BAL or other conditions given the building is non-habitable, it is well separated from the dwelling on the land and it will be constructed of non-combustible materials.

As such, the development is considered satisfactory in terms of Bushfire considerations.

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

Demolition of a Building (clause 92)

The proposal involves the demolition of the existing packing shed that collapsed from a snow fall. A condition is attached requiring the demolition to be carried out in accordance with Australian Standard AS2601 - 2001: The Demolition of Structures and the requirements of Safe Work NSW.

Fire Safety Considerations (clause 93)

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

Buildings to be Upgraded (clause 94)

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

BASIX Commitments (clause 97A)

Not applicable.

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

Context and Setting

The subject land is a typical horticultural holding within the Mount Canobolas area. There are many examples of farm buildings that support the stone fruit industry throughout this agricultural area of the LGA as well as on land in the adjoining Cabonne Shire.

The proposed packing shed is not incongruous with the character of the rural landscape and as such, is considered appropriate in the context and setting.

Visual Impacts

The subject land slopes north to south (sloping away from Pinnacle Road) and additionally, the proposed building is located behind the existing farm building on the land and as such the building is almost hidden from view.

From the adjoining public reserve, there is numerous large trees and a drop in ground level between the reserve and the subject land that results in the proposed building being well screened form the reserve.


 

Environmental Impacts

The subject land has a long history being used for horticultural purposes and as such there is very little native vegetation on the land. In any event, the building is being rebuilt over an existing slab and as such, there will be little to no disturbance upon native vegetation, threatened species or their habitat.

The development is considered acceptable in terms of environmental impacts.

BUSHFIRE IMPACTS

This is addressed above under the heading Planning for Bushfire Protection 2019.

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

The site has a long history being used for horticultural purposes which is permissible in the zone. This development represents a continuation of that longstanding use as an agricultural produce industry (packing shed). The development is effectively the rebuild of a previously standing (now partially collapsed) packing shed in the same location and same footprint.

Council staff are not aware of any physical, natural or technological hazards that would constrain the development from occurring in a satisfactory manner. It is noted that the land is affected by the bushfire prone land mapping. This is addressed above.

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

The proposed development is not defined as advertised development under the provisions of the LEP, and as such no formal exhibition of the application was required. No submissions have been received in relation to this application.

PUBLIC INTEREST s4.15(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. The proposal is 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 in the E3 Environmental Management zone. Moreover, the development comprises the re-build of a previous structure. 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 are included in the attached Notice of Approval. Council’s Technical Services department did not have any requirements.

 

Attachments

1          Notice of Approval, D20/21122

2          Plans, D20/20761

  


Council Meeting                                                                                                         21 April 2020

Attachment 1      Notice of Approval

 

ORANGE CITY COUNCIL

 

Development Application No DA 18/2020(1)

 

NA20/                                                                    Container PR10045

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

 

Development Application

 

  Applicant Name:

Mr GR and Mrs VH McAllister

  Applicant Address:

11 Abbey Court

ORANGE  NSW  2800

  Owner’s Name:

Mr A and Mr M Previtera

  Land to Be Developed:

Lot 1 DP 543928 - 1185 Pinnacle Road, Orange

  Proposed Development:

Demolition (packing shed) and Agricultural Produce Industry (new packing shed)

 

 

Building Code of Australia

 building classification:

 

Class to be determined by PC

 

 

Determination made under

  Section 4.16

 

  Made On:

21 April 2020

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

22 April 2020

Consent to Lapse On:

22 April 2025

 

Terms of Approval

 

The reasons for the imposition of conditions are:

(1)      To ensure compliance with relevant statutory requirements.

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

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

(4)      To maintain neighbourhood amenity and character.

(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 by Morley Drafting Service Job no. 19.019 Drg. No. 01 and 02 Rev 1 Dated 13.01.2020 and (2 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.

 

 

PRIOR TO WORKS COMMENCING

 

(4)      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.

 

(5)      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.

 

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

 

 

DURING CONSTRUCTION/SITEWORKS

 

(7)      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.

 

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

 

(9)      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.

 

(10)     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.


 

(11)    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.

 

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

 

(13)    Gas and electricity supplies/connections to the subject building shall be located away from combustible materials as far as practicable.

 

(14)    The exterior roof and wall sheeting shall comprise non-reflective materials.

 

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

(15)    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.

 

(16)    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

 

(17)    All hazardous materials associated with the agricultural produce industry (packing shed) shall be stored in an appropriate location that is as far away from a potential hazard as far as practicable.

 

 

 

 

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.

 

          All stormwater is to be disposed of in a manner suitable to the site.

 

 

 

 

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:

 

22 April 2020

 



Council Meeting                                                                                                                         21 April 2020

Attachment 2      Plans

PDF Creator


PDF Creator



Council Meeting                                                                                               21 April 2020

5.8     Draft Delivery Program 2018/2019 to 2020/2021 and Operational Plan 2020/2021 (Year 3 of the Current Delivery Program)

RECORD NUMBER:       2020/646

AUTHOR:                       Jason Cooke, Manager Financial Services    

 

 

 EXECUTIVE Summary

Orange is a prosperous and growing City with a changing demographic as young families realise that Orange is a place to stay and grow with all of the opportunities offered by larger metropolitan centres with the added benefit of a country lifestyle. As Orange grows it is time to look ahead and build the social infrastructure that the City and its next generations will need in 2030 and beyond.

Through prudent investment and planning, previous Councils have built the Council finances into a solid state.  With historically low interest rates and significant equity, it is considered that now is the time to spend and develop Orange into a City of the future.  In addition the significant capital spend proposed will inject significant stimulus into the economy at a time where the COVID-19 issue is creating great uncertainty.

The Draft Budget has been developed through consultation with the community via the Community Strategic Plan, with Councillors over the last 6 months and with Managers and Directors via a budget bid process.

The proposed budget includes a capital spend of $75.9M in 2020/2021 and $222.3M over the four year period 2020/2021 to 2023/2024.

Whilst significant borrowings are proposed in the draft budget, these will not increase the Debt Service Cover Ratio above the recommended benchmark of 2.

Projects included in the proposed 2020/2024 spend include:

 

FutureCity CBD upscale and renewal - $15M (part of a 2 year $30M project). Council has committed $5M per year to this project.

Orange Regional Conservatorium - $20M over 2 years. Council has committed $5M to this project

Showground toilets - $250K

Over $3.6M in Airport upgrades and improvements

Playground upgrades at Council child care centres - $200K

Mount Canobolas Mountain Bike Trails - $500K

Sporting Precinct development - $25M all from NSW Government

Glenroi Oval master plan - $125K per year for two years

Renewable projects - $500K per year for 3 years

Gallery extension – $1M of a total $5M

Clergate Rd – NDR to Canobolas Wooltop (Stage 2) $2.8M

Forest Rd – Cadia Rd to Boundary $800K per year for four years

Lone Pine and Wakeford St road construction - $1.4M

Ophir Rd widening and barrier installation - $510K

Phoenix Mine Rd widening - $335K

Spring Creek Dam to Icely Rd WTP - $4.5M ($5M emergency water project 50% funded by NSW Government)

Blackman’s Swamp stormwater harvesting Stage 2 - $5M (emergency water project 50% funded by NSW Government)

Gosling Creek dam upgrade - $900K

Icely Rd Water Treatment Plant - $1.1M

Southern Feeder Rd works - $1.5M

 

Sewerage Treatment Plant inlet works upgrade - $3M

Spring Hill Lucknow sewer strategy - $800K

Conversion of CWD Photos – $25K per annum

Replacement Depot Building - $800K

All day car park located on Old Williams Shed site - $200K

 

Double Storey Carpark - $4.5M

Aquatic Centre Expansion - $3M

Industrial Land Projects – $2.5M

Lake Canobolas Enhancements - $1M

Wade Park Grandstand - $1M

Orange Civic Theatre - $6M

Advancing Shiralee Community Infrastructure - $1.5M

 

Other smaller value projects include

·    An additional leash free area

·    Appropriate signage and garden at Orange entrances

·    Acknowledgement of  Iconic Australian Locals

·    Ploughman's Wetland - Elevated Boardwalk

·    Somerset Park - Bridge at Northern End

·    Columbarium Wall

·    Gallery - Movable walls

·    Child care centre playground upgrades x 4

COVID-19

Given the COVID-19 situation is fluid, it is expected that variations through both additional funding and additional expenditure will be required to the Budget after adoption. The Council is able, through its quarterly variation process, to accommodate changes to the Budget moving forward, and it is expected that this will be used again to bring forward projects or make adjustments for COVID-19 impacts that are unable to be incorporated into the Annual Budget at 1 July 2020.

Council has made a $2M loss of revenue provision in the 2020/2021 Delivery Plan for the first quarter. This includes:

 

$

Child Care Centres (noting this may be funded by NSW Government)

490,000

OCT Closure

325,000

Airport / Airlines reduction

260,000

Parking Fines

250,000

Pool Closure

137,000

Caravan park Closure

104,000

Museum Closure

45,500

VIC Closure

36,000

Function Centre Closure

27,000

Ophir Carpark Closure

21,450

Integrated Planning and Reporting

In accordance with the Integrated Planning and Reporting requirements set out in the Local Government Act 1993, this report presents:

1    Draft Operational Plan 2020/2021 under the current Delivery Program 2018/2019 to 2020/2021 (noting that the current Delivery Program has been extended by one year as the Local Government election will now be in 2021). This includes:

a      2020/21 Draft Budget

b     2020/21 Draft Statement of Revenue Policy

c      2020/21 Draft Fees and Charges

2    Resourcing Strategy – Long Term Financial Plan 2020/21 to 2029/30

3    Resourcing Strategy - Workforce Management Plan 2020/2021 to 2023/2024 (although this resourcing strategy is usually updated when the new Community Strategic Plan and Delivery Program are created after the next Local Government election, it can be changed if something extraordinary changes in the current period - in this case, this resourcing strategy has been updated for COVID-19 and has been projected forward)

The Annual Budget 2020/21 must be approved by the Council no later than 30 June 2020.

If approved for public exhibition by the Council, the attached drafts will be published for community feedback and response for 28 days.  This is the period set out in the Act in which Councillors and the community are able to put forward new initiatives and changes to priorities.

Following exhibition, management will revise the Budget taking into account Councillor and community priorities. 

Link To Delivery/OPerational Plan

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

Financial Implications

The proposed Delivery/Operational Plan identifies the operational and subsequent budgetary impacts arising in the delivery of the levels of service proposed.  The financial implications of this investment are significant and ambitious.  The finance team with the CEO and Executive have however modelled the proposed program of works so Council can continue its operational programmes whilst at the same time committing significant capital funds.

Policy and Governance Implications

The Local Government Act 1993 requires Council to exhibit the documents for a minimum of 28 days.

It is proposed to exhibit the plans for 28 days from 22 April 2020. Following exhibition, it is intended that community submissions and the draft budget documents will be brought back to a meeting on 2 June 2020.

 

Recommendation

That Council resolves:

1        To place the draft Operational Plan 2020/2021 and draft Budget 2020/2021 (including draft Statement of Revenue Policy 2020/2021 and draft Fees and Charges 2020/2021) and updated draft resourcing strategies Long Term Financial Plan 2020/2021 to 2029/2030 and Workforce Management Plan 2020/2021 to 2023/2024 on public exhibition for a minimum of 28 days.

 

further considerations

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

 

 

 

Service Delivery

The Delivery/Operational Plan identifies levels of service for the range of Council’s operations. These levels of service are also identified as part of the Asset Management planning documents.

The Delivery/Operational Plan identifies the key services Council will deliver over the term of the Plan, and quarterly performance indicators will provide a measure of Council’s performance in achieving these objectives.

 

Stakeholders

The Delivery/Operational Plan identifies key agencies and other groups that are stakeholders in key Council activities. The Plan identifies the range of government agencies that provide advocacy, funding and partnerships to Council.

 

SUPPORTING INFORMATION

Since 2012, all NSW Councils have been required to prepare a suite of documents under the Integrated Planning and Reporting (IP&R) framework outlined in the Local Government Act and its Regulations.

The Framework is outlined in the following diagram:

Source: Office Local Government

The following reproduces from the NSW Office of Local Government the requirements of the Integrated Planning and Reporting Framework:

Community Strategic Plan (Term of Council)

“The Community Strategic Plan represents the highest level of strategic planning undertaken by a local council. All other plans developed by the council as part of the Integrated Planning and Reporting framework must reflect and support the implementation of the Community Strategic Plan.

The Community Strategic Plan should identify the main priorities and aspirations of the community, providing a clear set of strategies to achieve this vision of the future. Building the Community Strategic Plan takes time and must involve a whole-of-community engagement process.


 

The Community Strategic Plan must be based on the social justice principles of access, equity, participation and rights. It should also address the quadruple bottom line (social, environmental, economic and civic leadership) issues. It is recommended that a council uses a multi-disciplinary team to manage and implement the integrated planning process”.

The Council approved the Community Strategic Plan in 2018 following extensive community consultation.

Delivery Program (Term of Council)

“The Delivery Program turns the strategic goals found in the Community Strategic Plan into actions. It is the point where a council makes a commitment to the Community Strategic Plan, and act upon those issues that are within its area of responsibility.

The Delivery Program is the key ‘go to’ document for the Councillors. It identifies all of the key activities the council has committed to undertake over its four-year term. All plans, projects, activities and funding allocations of the council must be directly linked to the Delivery Program”.

Operational Plan (1 year)

“The Operational Plan details specific individual projects and activities that will be undertaken in the next year to achieve the commitments made in the Delivery Program.

The Operational Plan includes the Council’s detailed annual budget, along with the council’s Statement of Revenue Policy, which includes the proposed rates, fees and charges for that financial year”.

EXAMPLE OF HOW THE FRAMEWORK OPERATES

The 2018 Community Strategic Plan sets out an example of how the framework is implemented.

Community Strategic Plan 2018 Objective

Healthy and active community that is supported by sport and recreational infrastructure.

Delivery Program (Action)

Identify and deliver sport and recreation facilities to service the community into the future.

Flowing from the above, the other planning documents need to reflect the projects and activities that are proposed to be undertaken by Council each year, and the flow-on impacts to the budget, staff and long term financial capacity.  They also need to reflect the actual costs of meeting the legislative obligations of Councillors to deliver core services (water, sewerage, waste, development applications) and other statutory obligations (e.g. WHS, EEO, Building Standards).  For example, the action in the Delivery Program may be realised as follows:


 

Operational Plan

E.g. Seek State and Federal grant for Community Building X.

Asset Management Plan

This project will create an asset, and the costs of maintaining, repairing and replacing the asset must be included in the Asset Management Plans once the building is completed.  As this will be a future cost to the Council and the community, the costs should be included in the Long Term Financial Plan and Annual Budget to ensure the Council is not taking on liabilities that it cannot afford in the future or unfairly passing costs to a future generation.

Workforce Management Plan

The operation of the facility will have an impact on staffing.  The Workforce Management Plan must anticipate the likely skills, qualifications and experience the Council will need to operate and deliver the asset and services to be provided, including backend services such as IT, finance, building services, water and sewerage, corporate governance, audit, risk management, WHS etc. It needs to set out projected changes in technology, the employment market, staff satisfaction and other factors and the likely impact on the capacity of the Council to recruit and retain staff to deliver the project as well as ongoing core services, and propose actions to ensure the Council can demonstrate to the community that it can successfully deliver the project.

Long Term Financial Plan

The Long Term Financial Plan must include the Council’s anticipated costs in applying for funding (e.g. master planning, advocacy, legals, financial planning) and any expected Council capital co-contribution, as well as the operational costs of running the facility if approved (staff, depreciation, maintenance, asset renewal, contingencies) and any projected income to offset those costs (e.g. license for use of facilities, income from sales etc).

Draft Budget

The projected capital and operational income and expenditure for the development, construction and operation of the facility must be incorporated into the Budget for the years in which the income and expenditure is expected to accrue.

Rates, Charges and Fees

Rates, charges and fees for use of the facility may need to be incorporated in future years, and other rates and charges may need to be reviewed where expenditure is expected to exceed revenue.


 

PROPOSED 2020/21 APPROACH

The Chief Executive Officer determined the framework for the review of the Integrated Planning and Reporting documentation. 

Community Strategic Plan

As the Community Strategic Plan was approved after community consultation in 2018, and no proposals or recommendations have been made for changes at this time; and because of the now extended election cycle it is recommended that the Plan be re-endorsed for the 2020/21 year.

Delivery Program

Minor updates have been made (e.g. CBD upgrade has included reference to FutureCity as the working title which has been deferred for one year pending a decision on grant funding).

Operational Plan

Changes to the Operational Plan have been made to reflect 2020/21 priorities (see below).

Resourcing Strategy

The documents required in the Resourcing Strategy are attached to this report. 

The Resourcing Strategy must include:

·    Asset Management Strategy

·    Workforce Management Plan

·    Long Term Financial Plan

Asset Management Strategy

The historic approach to the Asset Management Strategy is to submit this for adoption following approval of the draft delivery program and operational plan. Under the current budget framework, this influences the amount of money that may be available to fund asset management.

Long Term Financial Plan

The Long Term Financial Plan covers a ten year span as required by the Act.  The Plan is re-set each year and projections regarding income and expenditure are then updated for the following ten years.  The Long Term Financial Plan is based on a series of assumptions about future income and expenditure. 

Workforce Management Plan

The Workforce Management Plan is required to be a rolling four year plan. It considers workplace issues such as staff sentiment, succession planning, training,  future staffing needs, the impact of technology on future staffing and capabilities, the optimal organisation of staffing to deliver services and efficiency, and the workforce profile required in order to provide input into the structure and management of the Council’s operations.

 

 

2020/21 Rates

Tables in this report include the current financial year (2019/20) original budget as adopted in the current Delivery Program and Operational Plan.

A 2.6 percent increase in rates was decided by IPART for General Rates (Residential, Business, Farmland). The overall impact of this increase on an average assessment is:

1    Residential assessments will increase by $38.42, and total rates and charges $1.20 per week (or $62.22 per annum) which is 2.59 per cent.

2    Business assessments will increase by $133.47 or $2.57 per week.

Please note the above totals do not include water or non-residential sewer charges which are billed separately.

Proposed increases in water and sewer fees and charges are:

Fund

2019/20

2020/21

2021/22

2022/23

2023/24

Water

1.8%

2.5%

2.5%

2.5%

2.5%

Sewer

1.8%

2.5%

2.5%

2.5%

2.5%

Pensioners receive a statutory reduction of $250 off their General Rates & $87.50 off both water and sewer charges. Council also offers a voluntary rebate of either ten per cent or five per cent of rates and charges. The additional voluntary rebate costs Council approximately $480,000 per annum.

 

2020/21 Operating Position

The draft Delivery/Operational Plan proposes a consolidated operating position (before capital) deficit of $1,474,992 for 2020/21. The deficit position is due mainly to a loss of income contingency of $2 million raised to recognise the impacts of COVID-19 in the first quarter of 2020/21. This is reflected in the following:

 

 

$

Child Care Centres (noting this may be funded by NSW Government)

490,000

OCT Closure

325,000

Airport / Airlines reduction

260,000

Parking Fines

250,000

Pool Closure

137,000

Caravan park Closure

104,000

Museum Closure

45,500

VIC Closure

36,000

Function Centre Closure

27,000

Ophir Carpark Closure

21,450

The operating position shows how Council proposes to expend money on items other than those classified as capital.  Operating expenditure is Council’s year to year expenditure on providing services.

The distribution across the funds is as follows with the table also showing the draft operating positions in the subsequent three years of the Plan:

 

 


Operating Result (by Fund)

 

2019/2020
Original

2020/2021
Proposed

2021/2022
Proposed

2022/2023
Proposed

2023/2024
Proposed

General Fund

(158,152)

2,282,374

(470,519)

(724,320)

(963,794)

Water Fund

(1,042,944)

(15,011)

(160,326)

(136,229)

(263,101)

Sewer Fund

(1,205,656)

(792,371)

(1,292,139)

(1,362,790)

(1,404,538)

Total (All Funds)

(2,406,752)

1,474,992

(1,922,984)

(2,223,339)

(2,631,433)

A surplus operating position is an indicator of financial sustainability.  A surplus result for Council is indicated by red bracketed numbers in the table above and shows the expected deficit result for 2020/21.

 

2020/21 Overall Position (including capital)

The draft Delivery/Operational Plan proposes a consolidated overall position (including capital) deficit of $1,965,126 for 2020/21, again impacted by the COVID-19 contingency of $2 million.

The distribution across the funds is as follows with the table also showing the draft operating positions in the subsequent three years of the Plan:

 

 


Overall Result (by Fund)

 

2019/2020
Original

2020/2021
Proposed

2021/2022
Proposed

2022/2023
Proposed

2023/2024
Proposed

General Fund

(258,074)

2,091,251

(2,415,776)

290,321

(59,765)

Water Fund

(50,220)

(125,567)

(1,904,912)

1,249,907

(1,369,144)

Sewer Fund

(40,818)

(558)

(2,733,881)

(422,047)

(2,511,148)

Total (All Funds)

(349,112)

1,965,126

(7,054,569)

1,118,181

(3,940,057)

A surplus result for Council is indicated by red bracketed numbers in the table above and shows the expected deficit result for 2020/21.


 

The capital budget proposes to deliver a combined total of projects of $75.9M in 2020/21.   This expenditure is distributed across the funds and the expenditure levels over the subsequent three years are also shown:

 

Fund

2019/20

2020/21

2021/22

2022/23

2023/24

General

 $ 59,164,170

 $ 55,600,925

 $ 63,578,007

 $ 28,508,285

 $ 23,227,221

Water

 $   7,964,116

 $ 14,087,863

 $   2,454,552

 $   9,759,444

 $   3,151,507

Sewer

 $   6,037,820

 $   6,240,110

 $   2,358,860

 $   6,994,617

 $   6,351,345

Consolidated

 $ 73,166,106

 $ 75,928,898

 $ 68,391,419

 $ 45,262,346

 $ 32,730,073

 

Over the next four years a total capital spend of $222.3 million is proposed. Council and Staff have proposed an ambitious works program that will see the following projects initiated in 2020/21 for completion over the four year period 2020/2021 to 2023/2024.

 

FutureCity CBD upscale and renewal - $15M (part of a 2 year $30M project). Council has committed $5M per year to this project.

Orange Regional Conservatorium - $20M over 2 years. Council has committed $5M to this project

Showground toilets - $250K

Over $3.6M in Airport upgrades and improvements

Playground upgrades at Council child care centres - $200K

Mount Canobolas Mountain Bike Trails - $500K

Sporting Precinct development - $25M all from NSW Government

Glenroi Oval master plan - $125K per year for two years

Renewable projects - $500K per year for 3 years

Gallery extension – $1M of a total $5M

Clergate Rd – NDR to Canobolas Wooltop (Stage 2) $2.8M

Forest Rd – Cadia Rd to Boundary $800K per year for four years

Lone Pine and Wakeford St road construction - $1.4M

Ophir Rd widening and barrier installation - $510K

Phoenix Mine Rd widening - $335K

Spring Creek Dam to Icely Rd WTP - $4.5M ($5M emergency water project 50% funded by NSW Government)

Blackman’s Swamp stormwater harvesting Stage 2 - $5M (emergency water project 50% funded by NSW Government)

Gosling Creek dam upgrade - $900K

Icely Rd Water Treatment Plant - $1.1M

Southern Feeder Rd works - $1.5M

 

Sewerage Treatment Plant inlet works upgrade - $3M

Spring Hill Lucknow sewer strategy - $800K

Conversion of CWD Photos – $25K per annum

Replacement Depot Building - $800K

All day car park located on Old Williams Shed site - $200K

Double Storey Carpark - $4.5M

Aquatic Centre Expansion - $3M

Industrial Land Projects – $2.5M

Lake Canobolas Enhancements - $1M

Wade Park Grandstand - $1M

Orange Civic Theatre - $6M

Advancing Shiralee Community Infrastructure - $1.5M

 

 


 

The delivery of this program is partially reliant on State and Federal government grant funding, so the actual value will depend on the level of support provided by the State and Federal government to the Orange community.  Funding for the projects also comes from Council’s own funds and reserves, land/property sales and loans.

The funding sources for the Long Term Financial Plan anticipate additional loan funding required for the following purposes:

·    2020/21 $1M Regional Art Gallery extension

·    2020/21 $1.5M Southern Feeder Road

·    2020/21 $5M Future City project

·    2021/22 $5M Future City project

 

Funding through Land Sales

Land Sales will form an important component of the underpinning of the Budget. Key sites that will be sold include:

·    Old Sale Yards site;

·    Clergate Road Industrial blocks; and

·    1 Summer Street

·    Remainder of old hospital site

Contingent Funding Approach and Proposed Loans

While not all projects are assured of other funding, they are included to drive greater value for leverage funding provided by Council. Given the number and spread of projects reliant on co-funding and Council’s contribution to the projects, along with some current exposure to partial grant funding, it is necessary to consider a probability/contingent approach to such projects.

While it would be ideal to procure all co-funded projects, it may not happen, and while seeking such funding, Council revenue is reserved for the projects that may or may not occur.

In this regard, the draft Delivery Plan proposes loans towards a major co-funded project and coverage of some of the exposure to partial funding through loan capacity and or reserves. Additionally, should a project not eventuate which relies upon co-funding then it releases Council’s component of the project.

Attachments

1          Community Strategic Plan 2018/2028 - 2019/2020 - Adopted 25 June 2019, D19/27651

2          DRAFT - Delivery Operational Plan 2019/2022, D20/21750

3          DRAFT - Fees and Charges 2020/2021, D20/15195

4          DRAFT - Long Term Financial Plan 2020/2021 to 2029/2030, D20/21846

5          DRAFT - Workforce Management Plan Strategy 2020/2021 to 2023/2024, D20/1875

6          Strategic Policy - ST007 - Asset Management (Adopted 3 December 2019), D19/68330

7          DRAFT - Asset Management Strategy 2020/21, D20/21248

8          Strategic Policy - ST009 - Revenue and Pricing, D20/21367   


Council Meeting                                                                                                                        21 April 2020

Attachment 1      Community Strategic Plan 2018/2028 - 2019/2020 - Adopted 25 June 2019

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Council Meeting                                                                                                                        21 April 2020

Attachment 2      DRAFT - Delivery Operational Plan 2019/2022

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Council Meeting                                                                                                                        21 April 2020

Attachment 3      DRAFT - Fees and Charges 2020/2021

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