ORANGE CITY COUNCIL

Ordinary Council Meeting

 

Agenda

 

21 July 2015

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 21 July 2015 commencing at 7.00pm.

 

 

Garry Styles

General Manager

 

For apologies please contact Michelle Catlin on 6393 8246.

    

 


Council Meeting                                                                                                 21 July 2015

Agenda

EVACUATION PROCEDURE

In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the entrance to the car park. This is Council's designated emergency muster point.

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

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

1                 Introduction.. 3

1.1             Apologies and Leave of Absence. 3

1.2             Opening Prayer. 3

1.3             Acknowledgement of Country. 3

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

2                 Mayoral Minutes. 3

Nil

3                 Confirmation of Minutes of Previous Meeting.. 3

3.1             Minutes of the Ordinary Meeting of Orange City Council held on 07 July 2015. 4

4                 Notices of Motion/Notices of Rescission.. 7

4.1             Recent Code of Conduct Article in Sydney Morning Herald by Cr Taylor. 7

5                 General Reports. 9

5.1             Statement of Investments - June 2015. 9

5.2             Recommendations and Resolutions from Policy Committees. 14

5.3             Outstanding Questions Taken on Notice. 29

5.4             Request for Financial Assistance. 33

5.5             Strategic Policy Review.. 35

5.6             Development Application DA 92/2015(1) - 3 Old Regret Road - Clifton Grove. 93

5.7             2015/16 Fees & Charges Amendment - Companion Animal Registrations. 122

5.8             Local Government NSW Annual Conference. 124

5.9             Children (Protection and Parental Responsibility) Act 1997. 131

5.10          Update on Anzac Park Skate Facility and BMX Track. 135

5.11          Classification of Land - Drainage Reserve - Lot 347 DP 1208773. 137

6                Closed Meeting - See Closed Agenda.. 139

6.1             Tender - Design and Construction - Orange Showground Pavilion. 140

7                 Resolutions from closed meeting.. 141

 


Council Meeting                                                                                                 21 July 2015

1       Introduction

1.1     Apologies and Leave of Absence

1.2     Opening Prayer

1.3     Acknowledgement of Country

I would like to show my respect and acknowledge the Traditional Custodians of the Land, of Elders past and present, on which this meeting takes place.

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

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

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

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

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

Recommendation

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

 

2       Mayoral Minutes

Nil     

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 July 2015 (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 July 2015.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 7 July 2015

 



ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 7 July 2015

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr J Davis OAM (Mayor), Cr R Gander, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor (7.09pm), Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Manager Administration and Governance, Manager Corporate and Community Relations, Manager Financial Services, Operations Manager, Works Manager, Manager Development Assessments, Manager City Presentation

1.1     APOLOGIES

 

RESOLVED - 15/256                                                                           Cr J Hamling/Cr S Munro

That the apologies be accepted from Cr A Brown, Cr K Duffy and Cr C Gryllis (Deputy Mayor), for the Council Meeting of Orange City Council on 7 July 2015.

 

1.2     ACKNOWLEDGEMENT OF COUNTRY

 

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

Finance Policy Committee Item 3.3 Request for Financial Assistance

Crs R Kidd, G Taylor and J Whitton declared a significant non-pecuniary interest in Item 3.3, Donation to Huntley Berry Farm, as a member of the Board of OCTEC (owners of Huntley Berry Farm).

Cr R Kidd declared a significant non-pecuniary interest in Item 3.3, Donation to Cancer Council NSW, as a participant in Dancing with the Stars.

Cr J Hamling declared a less than significant non-pecuniary interest in Item 3.3, Donation to No Limit Management, as his employer, WIN TV, is a major sponsor of No Limit Management. Cr Hamling has no management position at WIN TV relating to the sponsorship arrangements of his employer, so took part in the discussion and voting on this item.

 

2       Mayoral Minutes

Nil   

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 15/257                                                                               Cr R Gander/Cr R Kidd

That the Minutes of the Ordinary Meeting of Orange City Council held on 16 June 2015 (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 16 June 2015.

 

 

RESOLVED - 15/258                                                                               Cr R Kidd/Cr R Gander

That the Minutes of the Extraordinary Meeting of Orange City Council held on 23 June 2015 (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 23 June 2015.

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.04PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.49PM

 

4       Notices of Motion/Notices of Rescission

Nil

5       General Reports

5.1     Freeze on Financial Assistance Grants

TRIM Reference:        2015/1652

RESOLVED - 15/280                                                                            Cr R Turner/Cr S Munro

That Council make a submission to the Australian Government through Member for Calare The Hon. John Cobb seeking a reinstatement of indexation for Financial Assistance Grants.

 

 

 

6       Closed Meeting

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

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

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

RESOLVED - 15/281                                                                           Cr R Gander/Cr R Turner

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

6.1     Sale of Part Lot 774 DP 1182086

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 7.52PM.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.55PM

 

7       Resolutions from Closed Meeting

The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.

6.1     Sale of Part Lot 774 DP 1182086

TRIM Reference:        2015/1486

RESOLVED - 15/282                                                                          Cr J Whitton/Cr R Turner

1        That the General Manager proceed with the sale of Part Lot 774 DP 1182086, Phillip Street Orange for the sum of $20 plus GST per square metre.

2        That the proceeds of the sale be allocated to the Land Development Reserve.

3        That authority the granted to affix the Common Seal on all necessary documentation.

 

 

The Meeting Closed at 7.56pm

 

This is Page Number 3 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 7 July 2015.


Council Meeting                                                                                                 21 July 2015

 

 

4       Notices of Motion/Notices of Rescission

4.1     Recent Code of Conduct Article in Sydney Morning Herald by Cr Taylor by Cr Taylor

TRIM REFERENCE:        2015/1824

 

 

I, CR Glenn Taylor wish to move the following Notice of Motion at the Council Meeting of 21 July 2015:

 

Motion

That Council be provided an update report on Code of Conduct issues and costs over this term.

 

Background

The attached article presents Council in a very poor light in regard to Code of Conduct. It would be appropriate to look at ways to minimise costs for Council in handling Code of Conduct.

 

Signed Cr Glenn Taylor

 

 

Attachments

1          SMH Newspaper Article - Code of Conduct Council Complaint Bill Tops $1M for Ratepayers - 6 July 2015, D15/23068

  


Council Meeting                                                                                                     21 July 2015

4.1                       Recent Code of Conduct Article in Sydney Morning Herald by Cr Taylor by Cr Taylor

Attachment 1      SMH Newspaper Article - Code of Conduct Council Complaint Bill Tops $1M for Ratepayers - 6 July 2015

 


Council Meeting                                                                                                 21 July 2015

 

 

5       General Reports

5.1     Statement of Investments - June 2015

TRIM REFERENCE:        2015/1727

AUTHOR:                       Brock Gannon, Financial Accounting Officer    

 

 

EXECUTIVE Summary

The purpose of this report is to provide a statement of Council’s investments held as at 30 June 2015.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

Council’s investment policy has been developed to minimise risks arising from Council’s investment activity by establishing value and credit rating limits with whom investments may be placed. This diversification of Council’s investment practices essentially provides a safeguard of Council’s investment portfolio. As disclosed in the certification by the Responsible Accounting Officer, all of Council’s investment activity has been conducted in accordance with Council’s adopted investment policy and applicable legislation.

 

Recommendation

1        That Council receives the Statement of Investments as at 30 June 2015.

2        That Council receives and adopts 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

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


 

As at 30 June 2015, the investments held by Council totalled $118,098,198.84 and is attributed to the following funds. Council requested at the last meeting that the previous investment report amounts be included in the report so they are shown below also:

 

 

30/06/2015

31/05/2015

General Fund

48,769,505.93

49,281,828.71

Sewer Local Fund

40,643,794.00

40,484,305.39

Water Supply Local Fund

26,752,604.22

26,217,858.51

Orange CBD Special Rate

2,161,933.98

2,114,206.23

118,327,838.13

118,098,198.84

 

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

 

Externally Restricted

30/06/2015

31/05/2015

General Fund

22,965,190.72

23,290,326.29

Water Fund

26,752,604.22

26,217,858.51

Sewer Fund

40,643,794.00

40,484,305.39

CBD Fund

2,161,933.98

2,114,206.23

Auspiced

1,409,738.30

1,266,113.71

Internally Restricted

14,930,187.44

12,613,704.17

Unrestricted

9,464,389.47

12,111,684.54

118,327,838.13

118,098,198.84

 


 

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 30 June 2015 remained at 2.00%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.61% (weighted average 3.51%) which continues to exceed Council’s benchmark i.e. the cash rate of 2.00% plus 0.75% (or 75 basis points).

 

 


 

Council has also utilises the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 30 June 2015, the AusBond rate was 2.16%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.61%.

Council’s adopted 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 Council’s Investment 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 and Table 2 shows the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each respective category in accordance with limits as established by Council’s Policy.

Table 1: Maturity – Term Limits

Term to Maturity Allocation

Maximum

Holdings

Capacity

0 - 3 Months

100.00%

5.38

94.62%

3 - 12 Months

100.00%

61.02%

38.98%

1 - 2 Years

70.00%

12.54%

57.46%

2 - 5 Years

50.00%

21.06%

28.94%

5+ Years

25.00%

0.00%

25.00%

 

Table 2: Credit Rating Limits

 

Maximum

Holding

Capacity

AAA

100.00%

0.00%

100.00%

AA

100.00%

28.87%

71.13%

A

60.00%

40.33%

19.67%

BBB & NR

40.00%

28.96%

11.04%

Below BBB

0.00%

0.00%

0.00%

 

It should be noted that the amounts presented in this report will be audited as part of the preparation of Council’s General Purpose Financial Statements for the 2014/15 year and may be subject to change.

Certification by Responsible Accounting Officer

I, Aaron Jones, 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 July 2015

 

 

5.2     Recommendations and Resolutions from Policy Committees

TRIM REFERENCE:        2015/1779

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

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

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

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

1        That the resolutions made by the Sustainable Development Committee at its meeting held on 7 July 2015 be noted.

2        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 7 July 2015 be noted.

3        That the resolutions made by the Services Policy Committee at its meeting held on 7 July 2015 be noted.

4        That the resolutions made by the Environment and Economic Development Committee at its meeting held on 7 July 2015 be noted.

5        That the resolutions made by the Finance Policy Committee at its meeting held on 7 July 2015 be noted.

6        That the following recommendations made by the Finance Policy Committee at its meeting held on 7 July 2015 be adopted.

          a        That Council support the request for financial assistance from Bowen Public      School to the value of $1,000 with the funding source to be identified at the    next quarterly review.

          b       That Council support the request for financial assistance from Cancer Council    NSW to the value of $1,000 with the funding source to be identified at the next     quarterly review.

          c        That Council support the request for financial assistance from No Limit     Management with the funding source to be identified at the next quarterly     review.

 

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

Sustainable Development Committee

At the Sustainable Development Committee meeting held on 7 July 2015, all resolutions were made under delegation, and the minutes are presented for noting.

Infrastructure Policy Committee

At the Infrastructure Policy Committee meeting held on 7 July 2015, all resolutions were made under delegation, and the minutes are presented for noting.

Services Policy Committee

At the Services Policy Committee meeting held on 7 July 2015 all resolutions were made under delegation, and the minutes are presented for noting.

Environment and Economic Development Policy Committee

At the Environment and Economic Development Policy Committee meeting held on 7 July 2015, all resolutions were made under delegation, and the minutes are presented for noting.

Finance Policy Committee

At the Finance Policy Committee meeting held on 7 July 2015 several resolutions were made under delegation, and those resolutions are presented for noting.

The following recommendations made by the Finance Policy Committee are presented to Council for adoption.

3.3     Request For Financial Assistance

TRIM Reference:        2015/1634

RECOMMENDATION                                                                           Cr N Jones/Cr J Hamling

That Council support the request for financial assistance from Bowen Public School to the value of $1,000 with the funding source to be identified at the next quarterly review.

 

 

RECOMMENDATION                                                                        Cr J Hamling/Cr R Gander

That Council support the request for financial assistance from Cancer Council NSW to the value of $1,000 with the funding source to be identified at the next quarterly review.

 

 

3.6     Donation Sought from No Limit Management

TRIM Reference:        2015/1696

RECOMMENDATION                                                                         Cr J Hamling/Cr S Munro

That Council support the request for financial assistance from No Limit Management with the funding source to be identified at the next quarterly review.

 

 

 

Attachments

1          SDC 7 July 2015 Minutes PDF, 2015/1790

2          IPC 7 July 2015 Minutes PDF, 2015/1791

3          SPC 7 July 2015 Minutes PDF, 2015/1792

4          EEDPC 7 July 2015 Minutes PDF, 2015/1793

5          FPC 7 July 2015 Minutes PDF, 2015/1794

 


Council Meeting                                                                                                     21 July 2015

5.2                       Recommendations and Resolutions from Policy Committees

Attachment 1      SDC 7 July 2015 Minutes PDF


 


 


Council Meeting                                                                                                     21 July 2015

5.2                       Recommendations and Resolutions from Policy Committees

Attachment 2      IPC 7 July 2015 Minutes PDF


 


Council Meeting                                                                                                     21 July 2015

5.2                       Recommendations and Resolutions from Policy Committees

Attachment 3      SPC 7 July 2015 Minutes PDF


 


Council Meeting                                                                                                     21 July 2015

5.2                       Recommendations and Resolutions from Policy Committees

Attachment 4      EEDPC 7 July 2015 Minutes PDF


Council Meeting                                                                                                     21 July 2015

5.2                       Recommendations and Resolutions from Policy Committees

Attachment 5      FPC 7 July 2015 Minutes PDF


 


 


 


Council Meeting                                                                                                 21 July 2015

 

 

5.3     Outstanding Questions Taken on Notice

TRIM REFERENCE:        2015/1780

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

Councillors have the opportunity to ask questions of the General Manager throughout Council and Committee meetings. While many questions asked can be answered at the meeting, or via a memo circulated to Councillors after the meeting, some questions require further action.

To ensure these questions are recorded and monitored, the attached table is updated, and is provided to Council for information.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

 

further considerations

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

SUPPORTING INFORMATION

Attached is a table of outstanding questions taken on notice from the Council Meetings held from 15 April 2014 to present. Where action has been taken on a particular question, this is noted in the “action” column. A new section has been added to the report where a matter arising has been progressed as a works request so Councillors are provided with an update on those items that require works to be scheduled.

 

Attachments

1          Outstanding Questions Taken on Notice, 2014/745

 


Council Meeting                                                                                                                                                                           21 July 2015

5.3                       Outstanding Questions Taken on Notice

Attachment 1      Outstanding Questions Taken on Notice

2014/745                                                                                                             

 

OUTSTANDING QUESTIONS TAKEN ON NOTICE

COUNCIL MEETINGS

 

Date of Meeting

Question

Responsible Staff Member

Action

16 June 2015

Cr Kidd requested an update on plans for landscaping the triangle section of land between the Northern Distributor Road and the Mitchell Highway

Director Technical Services

Information to be circulated to Councillors.

Cr Hamling requested consideration be given to establishing a Facebook page for former Electrolux workers or an Electrolux Apprenticeship.

Manager Corporate and Community Relations

A request has been made to Electrolux on these matters.

2 June 2015

Cr Gryllis requested a report on the works to be undertaken in Anzac Park including the new skate park and BMX track.

Director Community, Recreation and Cultural Services

Report is included in the Council Meeting of 21 July 2015.

Cr Taylor requested information on Council’s Events Manual.

Manager Administration and Governance

Listed for the Councillor Briefing on 14 July 2015.

Cr Whitton requested a review of traffic control arrangements for the intersection of the Southern Feeder Road and Forest Road.

Works Manager

Information provided to Councillors in Infrastructure Policy Committee Current Works Report 7 July 2015.

A campaign to promote the reporting line for street lights not working was requested.

Manager Corporate and Community Relations

The reporting line is available on Council’s website and via the Customer Service Team. The matter has been promoted through Council’s social media channels.

Cr Gander requested the City of Orange Traffic Committee review driver speeding in Spring Street.

Commercial and Emergency Services Manager

Review of traffic speeds in Spring Street to be undertaken. This was considered by the Traffic Committee on 14 April and Council adopted the recommendation to ask the Highway Patrol to monitor the area. A member of the Highway Patrol was at the meeting.

19 May 2015

Cr Turner requested a letter be sent to Andrew and Nadine Hume congratulating them on the establishment of the factory to spin Alpaca Wool.

Manager Corporate and Community Relations

A letter has been forwarded.

12 May 2015

Cr Turner requested the occupancy rate during peak and off peak season for the cottage at the caravan park

Manager Corporate and Community Relations

Information has been circulated to Councillors.

Cr Whitton requested information on the cost of Council’s membership of CENTROC.

Manager Financial Services

Information to be circulated to Councillors.

 

7 April 2015

Cr Brown requested the City of Orange Traffic Committee review parallel parking line marking in the Central Business District to ensure motorists can identify parking spaces designated as parallel parking.

Commercial and Emergency Services Manager

Several carparks have been identified and will be painted in the near future.

Cr Kidd requested an update on progress for managing trucks entering the Anson Street carpark to access Harris Farm Markets.

Manager Development Assessments

Report submitted to City of Orange Traffic Committee Meeting held on 14 July 2015.

 

17 Mar 2015

Cr Taylor requested a review of Council’s process for determining requests to waive hire fees for the Orange Function Centre, and include a review of costs for making the Centre available.

Director Community, Recreation and Cultural Services

Information is currently being collated for consideration by Council.

7 Oct

2014

Cr Gryllis requested guidance in relation to determining any interest when dealing with company names only and not owners of that company.

General Manager

Further clarification is being sought by the Office of Local Government following the training with Councillors held on 23 February 2015.

2 Sept 2014

 

Cr Hamling requested a briefing to consider options for private cars for sale being parked on Council land, particularly on the Northern Distributor Rd and the Escort Way, and Jack Brabham Park.

Director Development Services

This item will be included on the Councillor Briefing Schedule.

15 April 2014

Cr Taylor requested consideration be given to further noise abatement issues at the residential properties in Anson Street adjacent to the Northern Distributor Road.

Director Technical Services

A detailed noise abatement plan involving consideration of earth bunds and associated landscaping is being investigated. On completion, a report will be prepared for Council.

 

 

 


 

 

Works Requests

2 June 2015

Cr Hamling requested Council consider disabling the water tap in Beverley Park.

7 July 2015

Cr Kidd asked if a new bus sign on the Escort Way could be relocated as it is obstructed by a tree.

Cr Taylor requested the rose beds in Anson Street between Byng and Kite Streets be attended to.

Cr Turner requested potholes on Ophir Road be repaired from the Northern Distributor Road.

Cr Jones requested potholes and road edges on Cargo Road be repaired.


Council Meeting                                                                                                 21 July 2015

 

 

5.4     Request for Financial Assistance

TRIM REFERENCE:        2015/1772

AUTHOR:                       Josie Sanders, Management Accountant    

 

 

EXECUTIVE Summary

Council is in receipt of a number of requests for financial assistance under section 356 of the Local Government Act 1993.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “3.3 Our City – Recognise that members of the community will take different leadership pathways, the Council will support this growth and development through appropriate activities, initiatives and assistance”.

Financial Implications

If Council resolves as per recommendations of this report, the following balances remain from the 2015/16 budget.

 

Program

Adopted budget

Actual and committed

Remaining balance

General Donations

108,305

108,305*

Nil

Major Promotions

30,900

22,000

8,900

Sports Participant

13,900

4,700

9,200

Sports Facility

50,000

50,000

Nil

*NB: This includes 20 x $100 reserved for school prize giving.

Policy and Governance Implications

Nil

 

Recommendation

That Council fund the previous requests from Bowen Public School $1,000 and Cancer Council NSW $1,000 from the Sports Participant budget, and No Limit Management from the Major Promotions budget.   

 

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 advertised the availability of its donations program and wrote to past recipients of donations early in 2015 in order to have donations advertised in the exhibition of the Delivery/Operational Plan. As a result of this process, the general donations budget of $108,305 has been fully allocated. A further $22,000 out of a budgeted $30,900 has been donated in response to submissions through the major promotions and sponsorship allocations. The sports facility donations budget of $50,000 has also been fully allocated. These three donation programs total $180,305 being provided to financially assist other entities.

Bowen Public School and Cancer Council

The Finance Policy Committee held on 7 July 2015 recommended to support Bowen Public School $1,000 and Cancer Council NSW $1,000 with the funding source to be identified given the General Donations budget is fully expended. It is recommended that these requests be funded from the Sports Participant budget. This will leave a remaining balance of $9,200 in that budget allocation.

No Limit Management

The Finance Policy Committee at its meeting of 7 July 2015 also recommended Council approve financial assistance for the No Limit Management boxing event. Section 356 of the Local Government Act requires Council to advertise any financial assistance given to entities who are acting for financial gain. Post exhibition, the request will come back to Council for determination.

If the donation proceeds, it is proposed that the donation will be funded from the Major Promotions budget. Note that the amount has not been deducted from the table in the Financial Implications section in this report, as the donation includes elements relating to a profit share arrangement on alcohol sales less staff costs, hence the actual amount will be determined post event and included in a report after the event.  

 


Council Meeting                                                                                                 21 July 2015

 

 

5.5     Strategic Policy Review

TRIM REFERENCE:        2015/1598

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

This report continues the review of Council’s Strategic Policy Register. A number of policies have recently been on exhibition and are recommended for adoption.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

Council’s Strategic Policies are being 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. These policies require public exhibition (if new or include significant changes) and adoption by Council. Operational Policies are determined and implemented by the General Manager, and relate to staff and the operations of the organisation.

In reviewing a number of the current Strategic Policies, it is clear that they should be Operational, or are incorporated in Council’s suite of Integrated Planning and Reporting documents. As the review of policies continues, it is expected that a number of former Strategic Policies will be recommended to Council for deletion.

 

 

Recommendation

That Council adopt Strategic Policies - ST010 – Code of Conduct and ST002 Central West Libraries.

 

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

Code of Conduct

At its meeting held on 2 June 2015, Council resolved to exhibit Strategic Policy – ST010 – Code of Conduct.

The exhibition period has closed, and at the time of writing no submissions have been received. The policy is therefore presented for adoption.

Central West Libraries

At its meeting held on 2 June 2015, Council resolved to exhibit Strategic Policy – ST002 – Central West Libraries. At the time of writing, no submissions have been received for this policy.

 

 

Attachments

1          FOR ADOPTION - ST010 - Strategic Policy - Code of Conduct, D15/13628

2          FOR ADOPTION - ST010 - Strategic Policy - Code of Conduct ATTACHMENT, D15/13627

3          FOR ADOPTION - ST010 - Strategic Policy - Code of Conduct - Procedures for Administration, D15/13626

4          FOR ADOPTION - ST002 - Strategic Policy - Central West Libraries, D14/25186

 


Council Meeting                                                                                                     21 July 2015

5.5                       Strategic Policy Review

Attachment 1      FOR ADOPTION - ST010 - Strategic Policy - Code of Conduct


 


Council Meeting                                                                                                     21 July 2015

5.5                       Strategic Policy Review

Attachment 2      FOR ADOPTION - ST010 - Strategic Policy - Code of Conduct ATTACHMENT


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting                                                                                                     21 July 2015

5.5                       Strategic Policy Review

Attachment 3      FOR ADOPTION - ST010 - Strategic Policy - Code of Conduct - Procedures for Administration


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting                                                                                                     21 July 2015

5.5                       Strategic Policy Review

Attachment 4      FOR ADOPTION - ST002 - Strategic Policy - Central West Libraries


 


Council Meeting                                                                                                 21 July 2015

 

 

5.6     Development Application DA 92/2015(1) - 3 Old Regret Road - Clifton Grove

TRIM REFERENCE:        2015/1789

AUTHOR:                       Paul Johnston, Planning Team Leader    

 

 

EXECUTIVE Summary

 

Application lodged

25 March 2015

Applicant/s

BT Homes

Owner/s

Mr KCP & Mrs JM Wilcox

Land description

Lot 74 DP 245220 - 3 Old Regret Road Clifton, Grove

Proposed land use

Secondary Dwelling

Value of proposed development

$123,000.00

Application has been made for a secondary dwelling on the above-described land. Development for the purposes of a secondary dwelling is not permitted under the provisions of Orange LEP 2011. However, the Affordable Rental Housing SEPP gives permissibility to such development within the R5 zone. The provisions of the SEPP also specify a maximum floor area of 60m² for a secondary dwelling. The submitted plans show that the secondary dwelling comprises a gross floor area (GFA) of 63m², being marginally above the 60m² development standard contained within the SEPP.

The applicant has requested that consideration be given to a departure to the development standard contained within the SEPP pursuant to Clause 4.6 of Orange LEP 2011. A detailed assessment of the variation sought has been provided in the body of the report under the heading “Clause 4.6 - Variation to Development Standards”.

The applicant has also put forward a request for the contributions applicable to this type of development to be waived essentially on the basis that a direct family member, in this case the parents of one of the future occupants of the principal dwelling, will reside in the secondary dwelling. It should be noted that, whilst Council would have the ability to waive the relevant contributions, doing so however would be contrary to the consistent approach Council has taken in relation to this matter for other similar developments. That being said, Council’s consistent approach in dealing with similar situations is to require the applicant to enter into a deed of covenant with Council which ultimately requires deferral of the subject contributions until such time that circumstances change insofar as the building is no longer used by a family member for accommodation or the property is on sold. The minimum requirements of such an agreement are detailed in the body of this report.

A section 79C assessment of the proposal indicates that the development is acceptable in instance. Attached is a draft Notice of Approval for Council’s consideration.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “13.4 Our Environment – Monitor and enforce regulations relating to City amenity”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

1        That Council consents to development application DA 92/2015(1) for Secondary Dwelling at Lot 74 DP 245220 - 3 Old Regret Road, Clifton Grove pursuant to the conditions of consent in the attached Notice of Approval.

2        That Council agrees to vary the 60m² minimum total floor area development standard under Clause 22 (3) (b) of State Environmental Planning Policy (Affordable Rental Housing) 2009 to permit the building as proposed pursuant to clause 4.6 – Variation of Development Standards of Orange Local Environmental Plan 2011.

3        That Council agrees to vary the covenant relating to the subject property relating to setbacks and size of building requirements for the subject land so as to allow the proposed development.

 

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 APPLICATION

Application has been made for a secondary dwelling on land described as Lot 74 DP 245220 known as 3 Old Regret Road, Clifton Grove.

THE PROPOSAL

Application has been made for a secondary dwelling on the above described land. The submitted plans show that the proposed secondary dwelling will have a GFA of 63m². The building is proposed to be located approximately 22m to the north of the existing dwelling. A landscape plan has been submitted in support of the application.

The applicant has requested that consideration is given to a departure to the 60m² development standard contained within the SEPP for a secondary dwelling pursuant to Clause 4.6 of Orange LEP 2011.

MATTERS FOR CONSIDERATION

Section 5A Assessment

In the administration of sections 78A, 79B, 79C, 111 and 112, the provisions of Section 5A must be taken into account for every development application in deciding whether there is likely to be a significant effect on threatened species, populations or ecological communities or their habitats. This section includes a requirement to consider any adopted assessment guidelines, which means assessment guidelines issued and in force under section 94A of the Threatened Species Conservation Act 1995.


 

Assessment guidelines are in force (see DECC-W “Threatened Species Assessment Guidelines - The Assessment of Significance”) which requires consent authority to adopt the precautionary principle in its assessment.

In this instance, site inspection reveals the subject property has no biodiversity or habitat value.

Section 79C

Section 79C 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 s79C(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,

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

The application is considered to be consistent with aims (a) and (e) 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 1.9A - 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.


The subject land is affected by a covenant that was imposed by the former Canobolas Shire Council, being the developers of the Clifton Grove subdivision. Following the amalgamation of that Council and Orange City Council in the late 1970’s this Council is now the authority of that covenant.

The covenant in part requires all structures to be located at least 25m from any boundary and that no dwelling house to be erected on the land was to be less than 14 squares. The submitted plans show that the secondary dwelling will have a setback of 19m the side boundary and comprise a maximum gross floor area of 63m². The subject covenant may be varied with the written approval of Council (see copy attached). It is understood that the covenant was initially designed to establish a certain type of rural character for this locality in its infancy. Given that the estate is now largely established and that the current provisions of the State Environmental Planning Policy now allow for secondary dwellings to be established in the R5 Large lot residential zone, it is reasonable to agree to the variation of the covenant in this case. The planning assessment below indicates that the development is acceptable.

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


 

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:

2 Hectare Minimum Lot Size

Heritage Map:

Not a heritage item or conservation area

Height of Buildings Map:

No building height limit

Floor Space Ratio Map:

No floor space limit

Terrestrial Biodiversity Map:

No biodiversity sensitivity on the site

Groundwater Vulnerability Map:

Ground water 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

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

Part 2 - Permitted or Prohibited Development

Land Use Zones

The subject land is zoned R5 Large Lot Residential under the provisions of Orange LEP 2011. Development for the purposes of a secondary dwelling is not permitted under the provisions of Orange LEP 2011. However, the subject development is permissible pursuant to the provisions of the Affordable Rental Housing SEPP. Under the provisions of the Affordable Rental Housing SEPP a secondary dwelling is defined as:

A self-contained dwelling that:

(a)     is established in conjunction with another dwelling (the principal dwelling), and

(b)     is on the same lot of land as the principal dwelling, and

(c)     is located within, or is attached to, or is separate from, the principal dwelling.

The provisions of the SEPP also specify a maximum floor area of 60m² for a secondary dwelling. The submitted plans show that the secondary dwelling will comprise a GFA of 63m², which represents a small exceedance of the development standard. The applicant has requested that Council consider a departure to the development standard contained within the SEPP pursuant to Clause 4.6 of Orange LEP 2011. A detailed assessment of the departure sought is provided below under the heading Clause 4.6 Exceptions to Development Standards”.

 


 

Clause 2.3 of LEP 2011 references the Objectives for each zone in LEP 2011. The objectives for land zoned R5 – Large Lot Residential 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.

It is considered that the proposed development is not inconsistent with the objectives of the zone.

Part 3 - Exempt and Complying Development

The application is not exempt or Complying Development.

Part 4 - Principal Development Standards

Clause 4.6 Exceptions to Development Standards

The objectives of this clause are as follows:

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

The applicant has requested that Council consider a departure to the 60m² development standard contained within SEPP (Affordable Rental Housing) for a secondary dwelling in this particular instance on the basis that the variation sought relates only to an area of 3m².  The applicant has argued that the proposed design is as compact as practical in order to achieve two bedrooms, a single bathroom, separate laundry, kitchen and living area. The applicant maintains that the building design will still satisfy the intent of facilitating for low cost housing. The applicant advises that it would be impractical to remove 3m² from the design so as to satisfy the development standard in this case.

 


 

Clause 4.6 of LEP 2011 provides a mechanism by which development standards may be varied. The planning provisions contained within Clause 4.6 of the LEP require Council to obtain concurrence from the Director General of the Department of Planning and Environment for variations to development standards. The requirement to obtain the Director Generals concurrence may be dispensed with provided that the variation sought is within the scope of delegations issued to Council by the Director General. The variation sought in this case is considered to be minor and within the scope of delegations issued to Council. Council is in receipt of legal advice which confirms that Clause 4.6(2) of the LEP may be utilised to vary a development standard contained within an environmental planning instrument being SEPP (Affordable Rental Housing) in this case.  Council may therefore determine the subject application.

Where a secondary dwelling is listed as being permitted with consent under the provisions of Council’s LEP as opposed to the provisions of the SEPP such development may be configured so that it comprises 50% of the floor area of the principle dwelling or 60m² whichever is the greater. The Department initially advised Council’s strategic planning staff in the preparation of Council’s LEP that, where a secondary dwelling was listed as being permissible under the SEPP, it was not necessary to also list such development as being permissible with consent under the LEP provisions. This advice has inadvertently affected the manner in which secondary dwellings in both the R2 and R5 zones may now be viewed given the maximum area permitted under the SEPP is only 60m². It is understood, following discussions with Council’s Strategic Planning Officer, that it was never the strategic intent to limit the size of a secondary dwelling within the R2 or R5 zone to something less than which could ordinarily be allowed in other residential zones under Clause 5.4 of the LEP.

Before granting a variation under this clause, Council must consider a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

·    that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

·    that there are sufficient environmental planning grounds to justify contravening the development standard.

It is understood that the rationale behind the 60m² development standard contained within SEPP (Affordable Rental Housing) for secondary dwellings was to limit the cost of certain forms of housing within the State. It is assumed that the mechanism for facilitating low cost housing under the SEPP was to limit the floor area of secondary dwellings to 60m² hence limiting the overall cost of development.  As discussed above the policy position for secondary dwellings permitted under the SEPP as opposed to secondary dwellings permitted under the LEP are at odds with each other.

Whilst it is acknowledged that the standard contained within the SEPP exists to achieve a particular outcome of low cost housing, it is considered reasonable that Council support the departure sought in this case. The departure to the development standard is considered to be relatively minor being an exceedance of only 3m² and is significantly below the standard contained within Council’s LEP for the same type of development. The proposed development remains consistent with the intent of providing for low cost housing.


Part 5 - Miscellaneous Provisions

Clause 5.4 - Controls Relating to Miscellaneous Permissible Uses

Clause 5.4 of the LEP limits a secondary dwelling to comprise 60m² or 50% of the GFA of the existing dwelling on the land whichever is the greater. However, they are not relevant in the consideration of this particular application given that the provisions only apply in circumstances where development for the purposes of a secondary dwelling is listed as being permissible development within the LEP. As discussed above, the development is prohibited within the zone under the LEP, and the subject development is permissible pursuant to the provisions of the Affordable Rental Housing SEPP.

The provisions of the SEPP also specify a maximum floor area of 60m² for a secondary dwelling that is permitted by the SEPP. The submitted plans show that the secondary dwelling will have a GFA of 63m² being marginally above the 60m² development standard. The applicant has requested that Council consider a departure to the development standard contained within the SEPP pursuant to Clause 4.6 of Orange LEP. Clause 4.6(2) of the LEP provides that development consent may be granted even though the development would contravene a development standard imposed by an environmental Planning instrument.   A detailed assessment of the variation sought has been provided above under the heading “Clause 4.6 - Variation to Development Standards”.

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 re  development 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).

No details of likely earthworks have been submitted. The slope of the land is relatively flat at about 3.5%. The earthworks proposed in the application are likely to be limited to the extent of cutting and filling required for the dwelling. The extent of disruption to the drainage of the site is considered to be minor and will not detrimentally affect adjoining properties or receiving waterways.

 


 

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

The site is not known to be contaminated, nor is the site 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.

The site is not in proximity to any waterway, drinking water catchment or sensitive area. A condition is imposed to require sediment control to ensure that loose dirt and sediment does not escape the site boundaries.

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 will avoid impacts on groundwater and is therefore considered acceptable.


 

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy (Affordable Rental Housing)

State Environmental Planning Policy (Affordable Rental Housing) applies to the subject development. The aims of this Policy are as follows:

 

(a)     to provide a consistent planning regime for the provision of affordable rental housing,

(b)     to facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards,

(c)     to facilitate the retention and mitigate the loss of existing affordable rental housing,

(d)     to employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing,

(e)     to facilitate an expanded role for not-for-profit-providers of affordable rental housing,

(f)      to support local business centres by providing affordable rental housing for workers close to places of work,

(g)     to facilitate the development of housing for the homeless and other disadvantaged people who may require support services, including group homes and supportive accommodation.

The SEPP permits secondary dwellings with development consent in the R5 Large Lot Residential zone through clause 22(1). The proposed development is considered to be consistent with the general aims of the State Policy in so far as the development provides for affordable housing for elderly parents who wish to reside on the subject land. Other relevant provisions are as follows:

Clause 22 Development May Be Carried Out With Consent

(1)     Development to which this Division applies may be carried out with consent.

(2)     A consent authority must not consent to development to which this Division applies if there is on the land, or if the development would result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling.

(3)     A consent authority must not consent to development to which this Division applies unless:

(a)     the total floor area of the principal dwelling and the secondary dwelling is no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and

(b)     the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.


 

(4)     A consent authority must not refuse consent to development to which this Division applies on either of the following grounds:

(a)     site area

if:

(i)      the secondary dwelling is located within, or is attached to, the principal dwelling, or

(ii)     the site area is at least 450 square metres,

(b)     parking

if no additional parking is to be provided on the site.

(5)     A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (4).

In regards to clause 22(2), as a result of the development there will only be the principal dwelling and the secondary dwelling on the subject land. In regards to clause 22(3)(a), the development is consistent with this provision. In regards to clause 22(3)(b) the submitted plans show that the total floor area of the secondary dwelling will be 63m² being 3m² greater than that permitted by the development standard. The applicant has requested that Council consider a departure to the development standard pursuant to Clause 4.6(2) of Orange LEP 2011, which provides that the consent authority may consent to a development even though the development would contravene a development standard imposed by an environmental planning instrument. A detailed assessment of the request to consider a departure to this planning control has been provided above under the heading “Clause 4.6 Exceptions to Development Standards”. In regards to clause 22(4), these provisions are noted. Moreover, Council staff have recommended the development be approved.

State Environmental Planning Policy (Building Sustainability Index BASIX)

State Environmental Planning Policy (Building Sustainability Index BASIX) applies to the subject development. The applicant has submitted a BASIX certificate in support of the development which demonstrates compliance with the state Government Water and Thermal efficiency targets. The application is consistent with the SEPP.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

There are no draft environmental planning instruments that apply to the subject land or proposed development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

Development Control Plan 2004

Development Control Plan 2004 (“the DCP”) applies to the subject land (Part 0 - LEP 2011 and Part - 6.0 Rural Development). An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

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 1(c) Rural Residential (Orange LEP 2000) is zone R5 Large Lot Residential (Orange LEP 2011). As such, Part 6 of the DCP – Rural Development - is relevant to this proposal. The relevant provisions of Part 6 are considered below.

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

Council’s Energy Smart Homes Code is not applicable to the subject development. A BASIX certificate has been submitted in support of the proposal. The proposed secondary dwelling will comply with the provisions of BASIX in respect of water, thermal comfort and energy.

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

The land is not subject to known technological or natural hazards (such as contamination, bushfire, flooding, landslip, etc).

·    Privacy and views of neighbouring houses are retained.

The proposed dwelling will be sited some 22m to the north of the existing dwelling house on the land. Due to the separation between the dwellings and existing established trees and landscaping, privacy will be afforded to the proposed and adjoining dwellings. The nearest affected dwelling is located approximately 75m to the west of the subject site. The dwelling house on the adjoining land is relatively well screened by existing vegetation. The new dwelling will have nil impact on the privacy of rural dwellings on adjoining allotments.

The proposal will not unreasonably obstruct rural views and will complement the rural character of the setting. The design and scale of the proposed building will generally complement adjoining rural buildings, with acceptable visual impacts on the neighbourhood character.

·    A suitable area is available for perpetual on-site disposal of wastes.

An approval under Section 68 of the Local Government Act will be required to be obtained from Orange City Council, as the Water and Sewer Authority, for water, on-site sewer and stormwater connection. The application will need to be accompanied by an On-site Effluent Management Report that details the adequacy of the existing system to cope with the additional load of the proposal or any upgrading, renewal or additional system that may be required. Attached is a condition of consent addressing this issue.

·    Substantial remnant vegetation is protected from disturbance.

The subject land and surrounding area has longstanding use for grazing and rural lifestyle living opportunities. As such, the natural environment has been highly modified. The site of the proposed secondary dwelling does not contain remnant vegetation. The proposal will not necessitate the removal of significant native vegetation.

·    An adequate water supply is provided.

The subject land is connected to Councils water reticulation system. An adequate water system is therefore available to the subject development.


 

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

The existing and proposed dwellings will share the existing access arrangements to the site from Old Regret Road. Whilst not specifically shown on the plans opportunity would be available to establish a gravel paved driveway to the development area so as to provide vehicle access to the new dwelling.

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

There are no known agricultural operations in the immediate vicinity of the subject land and therefore the requirement for a buffer is not necessary in this case. The proposed development will not impact upon agricultural operations in the vicinity of the subject site. There is no proposal to remove any existing trees to establish the proposed secondary dwelling.

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

The proposed secondary dwelling will be located approximately 22m north of the existing dwelling. The secondary dwelling will be sited outside of, but adjoining, the landscaped curtilage for the existing dwelling. The existing and proposed improvements on the land will appear as a cluster of rural buildings. A landscape plan has been submitted in support of the proposal. Whilst the landscape plan shows Claret Ash trees being provided along the western side of the proposed secondary dwelling it is recommended that the plan be amended to provide additional landscaping between the proposed secondary dwelling and Old Regret Road to further assist with the integration of the development both within the site and the surrounding locality.

ORANGE DEVELOPMENT CONTRIBUTIONS PLAN 2012

Orange Development Contributions Plan 2012 is relevant to the proposal. The following table provides the relevant charges under the contributions plan.

The payment of $3,368.85 is to be made to Council in accordance with section 94 of the Act and the Orange Development Contributions Plan 2012 (Development in the remainder of the LGA) towards the provision of the following public facilities:

Open Space and Recreation

@ $2,704.49 x 1 additional 2 b/room dwelling

2,704.49

Community and Cultural

@ $461.34 x 1 additional 2 b/room dwelling

461.34

Plan Preparation & Administration

@ $203.02 x 1 additional 2 b/room dwelling

203.02

TOTAL:

 

$3,368.85

The contribution will be indexed quarterly in accordance with Orange Development Contributions Plan 2012. (Development in the remainder of the LGA).This Plan can be inspected at the Orange Civic Centre, Byng Street, Orange.

Section 64 Water and Sewer Headworks Charges

Section 64 water headwork charges are also applicable to the proposal. Such charges are ordinarily calculated and paid at the time of release of a Construction Certificate for the proposed secondary dwelling.

Request for the waiving of Contributions

The applicant has requested that the above described Section 64 Water and Sewer headwork charges and relevant contributions required under Orange Development Contributions Plan 2012 be waived for the following reasons:

·    The secondary dwelling is approximately 22 metres from the principal dwelling, therefore, is located within an appropriate distance to the principal dwelling. The design of the secondary dwelling is harmonious with the principal dwelling and locality with respect to design, external materials, finishes and colour schemes.

·    The total floor area of the secondary dwelling is 63m².

·    The secondary dwelling will be occupied by direct family members to the owners of the property (parents and in-law) The intent is for the occupants of the principal dwelling to provide support and care to the direct family members during their elderly age. This will allow a flexible and affordable way to provide housing for the owners of the property.

·    If the proposed development was for an addition to the principal dwelling house, for the purposes to allow family member to live with them, no contributions would apply.

·    We are aware that Council has waived contributions to similar development applications such as this one, in the past.

As mentioned above, Council does have the ability to waive contributions as requested by the applicant. However, doing so would be inconsistent with the approach taken in the past by Council for similar developments. In order to maintain consistency and protect Council’s interests, it is recommended that the applicant be required to enter into a deed of covenant with Council prior to the issue of a construction certificate and that the agreement and Council’s interests be recognised on the title of the land prior to the issue of an occupation certificate.

The intent of the deed of covenant would be to defer the payment of section 94 development contributions and section 64 Water headworks charges. As a minimum, the deed of covenant should provide for the following:

·    That the applicant covenant with Council that they will not permit any person or persons other than members of the family of the registered proprietor to occupy the secondary dwelling on the land provided for under the relevant consent [this consent].

·    That the applicant’s covenant with Council that they will notify Council of their intent to sell the land prior to the actual sale of the land.

·    Should the terms of the agreement be breached, the relevant contributions would be required to be paid within a specified period.

Once the final deed of covenant has been executed by the relevant parties, evidence should be required to be provided to Council that Council’s interests under that legal agreement have been placed on the title of the land prior to the issue of an occupation certificate.

The broader details of the deed of covenant can be agreed to post consent.

 


 

In this instance, it is considered reasonable to defer the payment of the contributions given the following:

·    A direct family member of the residents of the principal dwelling is going to reside in the secondary dwelling, commonly known or otherwise referred to as a “granny flat”.

·    The secondary dwelling is unable to be subdivided onto a separate title and has to remain in conjunction with the principal dwelling.

·    That Council has dealt with similar developments with the same circumstances in this way in the past.

As such, it recommended that a condition be attached that requires that the applicant enter into a deed of agreement with Council as detailed above prior to the issue of a construction certificate.

It would be important to note that this approach should only be agreed to on a case-by-case basis and only where it is suitably demonstrated that there is a direct family relationship between the residents of the two dwellings on the land.

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The development is not inconsistent with the provisions prescribed by the regulations.

BASIX Commitments (clause 97A)

A BASIX certificate has been submitted in support of the development which demonstrates that the development is consistent with the State Governments requirement's for water and thermal comfort targets.

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

Traffic Impacts

The capacity of the road network in the vicinity of the site is sufficient to accommodate additional localised traffic generated by the development. The applicant proposes to utilise the existing driveway to serve the new development. Adequate parking and manoeuvring arrangements will be available on the land.

Neighbourhood Amenity

The proposed secondary dwelling will provide and retain a reasonable standard of rural or large lot residential amenity for the existing dwelling and development on adjoining lands in respect of solar access, privacy, etc. The proposed development will provide for a continuation of large lot or rural residential land use and will not alter the function of the neighbourhood. The development will not have adverse impacts on neighbourhood amenity.

 


 

Cumulative Impacts

The proposal is considered to be satisfactory in terms of cumulative impact. Whilst there are no other examples of secondary dwellings within the street, the proposal will maintain the pattern of detached dwellings that characterises this rural residential streetscape. A dual occupancy development exists on a property further west along Old Regret Road. The siting of the secondary dwelling will complement the built form of the precinct and surrounding established dwellings due to the configuration and design of the proposed development.

The proposed development will not reduce the open space, solar access or privacy afforded to neighbouring properties. Similarly, the site layout and building design will provide a reasonable standard of residential amenity for the proposed dwellings in terms of open space, solar access and privacy. Houses in the area are well setback and most have landscaping in the form of mature trees between the dwellings and the street. As discussed above it is recommended that an amended landscape plan be required which provides for additional landscaping between the proposed secondary dwelling and Old Regret Road to further assist with the integration of the development both within the site and the surrounding locality.

Environmental Impacts

The subject land is located within an established rural residential precinct. As a result, significant vegetation, threatened species or ecological endangered communities or their habitats are unlikely to occur on the subject land. The proposed development will not impact upon the locality in terms of environmental impacts.

THE SUITABILITY OF THE SITE s79C(1)(c)

Servicing

Council’s Technical Services Division advises that all utility services are available to the site and adequate for the proposal. The proposed development will be connected to Council’s town water reticulation in accordance with normal requirements.

Physical Attributes

The land does not present any significant constraints to render the proposed development as unsuitable.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(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. The development was, however, notified to adjoining property owners. No submissions were received in relation to the development upon completion of the notification period.

 


 

PUBLIC INTEREST s79C(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 the LEP. A section 79C assessment of the development indicates that the development is acceptable in this instance. The applicant has sought approval for the subject development pursuant to the provisions of the Affordable Rental Housing SEPP, which gives permissibility to such development within the R5 zone. The provisions of the SEPP also specify a maximum floor area of 60m² for a secondary dwelling. The submitted plans show that the secondary dwelling will have a GFA of 63m² - being marginally above the 60m² development standard. The applicant has requested that Council consider a departure to the development standard contained within the SEPP pursuant to Clause 4.6 of Orange LEP 2011. Clause 4.6 of Orange LEP 2011 provides Council with the ability to consider a departure to the development standard where it can be demonstrated that the standard is unreasonable or unnecessary in the circumstances.

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, D15/22029

2          Plans, D15/22030

3          Clifton Grove Covenants, D15/22031

 


Council Meeting                                                                                                          21 July 2015

5.6                       Development Application DA 92/2015(1) - 3 Old Regret Road - Clifton Grove

Attachment 1      Notice of Approval

 

leaflogo

ORANGE CITY COUNCIL

 

Development Application No DA 92/2015(1)

 

TRIM                                                                                                Container PR9343

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

 

Development Application

 

  Applicant Name:

BT Homes

  Applicant Address:

3/12 Elwin Drive

ORANGE  NSW  2800

  Owner’s Name:

Mr KCP & Mrs JM Wilcox

  Land to Be Developed:

Lot 74 DP 245220 - 3 Old Regret Road, Clifton Grove

  Proposed Development:

Secondary Dwelling

 

 

Building Code of Australia

  building classification:

 

Class to be determined by the PCA

 

 

Determination

 

  Made On:

21 July 2015

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

22 July 2015

Consent to Lapse On:

22 July 2020

 

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)      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)      Unnumbered plans (Sheets 2-4) dated 30/5/2015 (three 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)      In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of the Act, evidence that such a contract of insurance is in force is to be provided to the Principal Certifying Authority before any building work authorised to be carried out by the consent commences.

 

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

 

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

 

1   the name of the licence number of the principal contractor, and

2   the name of the insurer by which the work is insured under Part 6 of that Act,

 

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

 

1   the name of the owner-builder, and

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

 

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

 

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(6)      Payment of contributions for water is required to be made at the contribution rate applicable at the time that the payment is made.  The contributions are based on a 2 bedroom dwelling for water supply headworks.  A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

 

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

 

In the alternative to the payment of the applicable section 64 contributions for water, sewer and drainage works prior to the issue of a construction certificate detailed above, the applicant shall enter into a deed of covenant with Council prior to the issue of a construction certificate.

 

(Condition (6) continued)

 


 

Prior to the issue of a construction certificate (cont)

 

Condition (6) continued

 

          As a minimum the deed of covenant must provide for the following:

·      That the applicant covenant with Council that they will not permit any person or persons, other than members of the family of the registered proprietor  to occupy the secondary dwelling on the land provided for under the relevant consent [this consent].

·      That the applicant’s covenant with Council that they will notify Council of their intent to sell the land prior to the actual sale of the land.

·      Should the terms of the agreement be breached the relevant contributions would be required to be paid within a specified period.

 

(7)      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 on site.

 

(8)      An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for water, on-site sewer and stormwater connection. The application is to be accompanied by an On-site Effluent Management Report that details the adequacy of the existing system to cope with the additional load of the proposal or any upgrading, renewal or additional system that may be required. Details concerning the proposed backflow prevention between the nominated water tank supply and the potable system is to be provided. No plumbing and drainage is to commence until approval is granted.

 

(9)      The payment of $3,368.85 is to be made to Council in accordance with section 94 of the Act and the Orange Development Contributions Plan 2012 (Development in the Remainder of the LGA) towards the provision of the following public facilities:

 

Open Space and Recreation

@ $2,704.49 x 1 additional 2 b/room dwelling

2,704.49

Community and Cultural

@ $461.34 x 1 additional 2 b/room dwelling

461.34

Plan Preparation & Administration

@ $203.02 x 1 additional 2 b/room dwelling

203.02

TOTAL:

 

$3,368.85

 

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2012 (Development in the Remainder of the LGA). This Plan can be inspected at the Orange Civic Centre, Byng Street, Orange.

          In the alternative to the payment of the applicable section 94 development contributions prior to the issue of a construction certificate detailed above, the applicant shall enter into a deed of covenant with Council prior to the issue of a construction certificate.

          As a minimum the deed of covenant must provide for the following :

·      That the applicant covenant with Council that they will not permit any person or persons, other than members of the family of the registered proprietor to occupy the secondary dwelling on the land provided for under the relevant consent [this consent].

·      That the applicant’s covenant with Council that they will notify Council of their intent to sell the land prior to the actual sale of the land.

·      Should the terms of the agreement be breached the relevant contributions would be required to be paid within a specified period.

 

(10)    An amended detailed landscape plan shall be submitted to and be approved by the Manager of Development Assessments prior to the issue of a Construction Certificate. The amended landscape plan shall provide for the establishment of additional tree plantings between the proposed secondary dwelling and Old Regret Road to ensure that the development more appropriately integrates with the surrounding character of the locality.


PRIOR TO WORKS COMMENCING

 

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

 

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

 

 

DURING CONSTRUCTION/SITEWORKS

 

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

 

(14)    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 on Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

 

(15)    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.

 

(16)    All excavated material is to be removed from the site in an approved manner and disposed of lawfully to an authorised disposal area.

 

(17)    The site is located within an area identified as containing serpentinite rock formations, which can contain chrysotile, a naturally occurring asbestos. Therefore the applicant or person with management or control of the site shall ensure that a written plan (an Asbestos Management Plan) for the site is prepared in accordance with the provisions of the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011

To assist applicants with developing an Asbestos Management Plan, applicants are encouraged to access the “Asbestos Management Plan for Orange City Council” 2014, which is available on Council’s website: www.orange.nsw.gov.au.

 

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

(18)    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.

 

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

 

(20)    Prior to the issue of an occupation certificate evidence shall be provided to Council demonstrating that the deed of covenant and Council’s interests under that legal agreement, have been placed on the title of the land.

 

(21)    Landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

 

(22)    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.

 


 


 

 

Other Approvals

 

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

 

Nil

 

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

 

Nil

 

 

 

 

Right of Appeal

 

If you are dissatisfied with this decision, section 97 of Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice.

* Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

 

 

  Disability Discrimination Act 1992:

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

 

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

 

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

 

 

  Disclaimer - S88B Restrictions on the Use of Land:

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

 

 

Signed:

On behalf of the consent authority ORANGE CITY COUNCIL

 

 

Signature:

 

 

Name:

 

ALLAN RENIKE - MANAGER DEVELOPMENT ASSESSMENTS

 

Date:

 

22 July 2015


Council Meeting                                                                                                                                                                           21 July 2015

5.6                       Development Application DA 92/2015(1) - 3 Old Regret Road - Clifton Grove

Attachment 2      Plans




Council Meeting                                                                                                     21 July 2015

5.6                       Development Application DA 92/2015(1) - 3 Old Regret Road - Clifton Grove

Attachment 3      Clifton Grove Covenants


Council Meeting                                                                                                 21 July 2015

 

 

5.7     2015/16 Fees & Charges Amendment - Companion Animal Registrations

TRIM REFERENCE:        2015/1795

AUTHOR:                       Aaron Jones, Manager Financial Services    

 

 

EXECUTIVE Summary

This report informs Council of the amendments to the Companion Animals Lifetime Registration fees effective from 1 July 2015.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

The increases in the gazetted fees may result in a minor increase in Council’s revenue. Council’s income from the registration of companion animals will be monitored and if a budget adjustment is required, an appropriate variation will be reported in a subsequent quarterly review.

Policy and Governance Implications

Nil

 

Recommendation

That the Companion Animal Lifetime Registration Fees, as presented in the following table, be adopted and placed on exhibition for the information of the community for a period of 28 days.

Companion Animals (Dogs and Cats) registered under Companion Animals Act 1998

(effective 01 July 2015)

·    For a de-sexed animal

$52.00

·    For a de-sexed animal owned by an eligible pensioner

$21.00

·    For a non-de-sexed animal

$192.00

·    For an animal not de-sexed but owned by a registered breeder for breeding purposes.

$52.00

 

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 has received notification from the Office of Local Government, via Circular 15-25, that a notice under the Companion Animals Regulation 2008, specifying the new Companion Animals Lifetime Registration Fees effective from 1 July 2015, has been gazetted.

This notification has been received after Council made and then exhibited its fees and charges. As statutory charges, Council must adopt them as set by the NSW Government hence the need to re-advertise the new set of fees.

The fees contained within the Circular differ from those presented in Council’s adopted Schedule Fees and Charges for 2015/16, as shown in the following table:

 

Companion Animals (Dogs and Cats) registered under Companion Animals Act 1998

(effective 01 July 2015)

 

Fee per Circular

2015/16 Fee adopted by Council

·    For a de-sexed animal

$52.00

$51.00

·    For a de-sexed animal owned by an eligible pensioner

$21.00

$20.00

·    For a non-de-sexed animal

$192.00

$188.00

·    For an animal not de-sexed but owned by a registered breeder for breeding purposes.

$52.00

$51.00

 

As outlined within the Circular, Councils must not apply the previous fee for any cat or dog registered on or after 1 July 2015, accordingly it is necessary for Council’s Schedule of Fees and Charges to be amended to recognise these new fees.

As these amendments have been brought into effect via a Government Gazette, this alleviates the need for Council to advertise the fees prior to their implementation. However, the Local Government Act 1993 still requires Council to place these amendments on public exhibition for the information of the community.

  


Council Meeting                                                                                                 21 July 2015

 

 

5.8     Local Government NSW Annual Conference

TRIM REFERENCE:        2015/1767

AUTHOR:                       Catherine Thomas, Executive Support Manager    

 

 

EXECUTIVE Summary

The call for motions to be considered at the Local Government Annual Conference (11-13 October 2015 at Rosehill Gardens Racecourse, Rosehill) has been received. Motions must be submitted by 24 August 2015. Council is also asked to identify which Councillors will be attending the event

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “2.3 Our City - Facilitate community input into local and regional strategic lobbying and advocacy initiatives for the needs and aspirations of the people of the City of Orange to external stakeholders”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

1        That Council identify motions under the topic headings provided by LGNSW to propose for consideration at the 2015 Local Government Annual Conference.

2        That Council determine Councillor attendance at the Conference.

 

further considerations

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

 

 

Political

Council is provided an opportunity to raise matters of importance at the annual conference through this process.

 


 

SUPPORTING INFORMATION

LGNSW has provided the subject areas that motions will be considered under for the Local Government Annual Conference to be held at Rosehill from 11-13 October 2015.

The categories are:

1        Industrial Relations and Employment

2        Economic

3        Environmental

4        Governance/Civic Leadership

5        Social Policy

LGNSW has also asked that along with motions, an appropriate solution be provided. Motions must be relevant to NSW Local Government.

As bookings need to be made, Council is also asked to approve those Councillors who will be attending.

 

Attachments

1          Explanation of Motion Categories, D15/21636

2          Local Government NSW Annual Conference 2105, D15/21638

 


Council Meeting                                                                                                21 July 2015

5.8                       Local Government NSW Annual Conference

Attachment 1      Explanation of Motion Categories

 

MOTION CATEGORIES:

1. INDUSTRIAL RELATIONS & EMPLOYMENT

Industrial relations and employment related legislation; industrial awards and rates of pay; WHS and worker compensation compliance; human resources policy, practice and benchmarking; workforce planning and development; staff and councillor training and development; skills shortages; staff attraction, retention and productivity; employment security; workplace change; Code of Conduct; leadership and management capacity; capability framework; council governance.

2. ECONOMIC

Own source revenue (e.g. rates, fees, charges etc.); intergovernmental fiscal relations (e.g. grants, cost shifting etc.); financial management and governance including long term financial planning and asset management; financial sustainability; economic policy affecting Local Government; local and regional economic development (including tourism); transport (e.g. roads, bridges, airports, pedestrian and cycle facilities, rail); Local Water Utilities; stormwater and floodplain infrastructure; other infrastructure and disaster management and recovery.

3. ENVIRONMENTAL

Land use planning (including environmental, heritage conservation and development planning); ecologically sustainable development; waste management in accordance with the waste hierarchy and extended producer responsibility; natural resource management; protection of local, regional and state natural environments including air quality, rivers and waterways and biodiversity, biosecurity and weeds management; pollution prevention including energy consumption and soil contamination; environmental risk management through reduction of hazards and pollutants and remediation/rehabilitation of degraded environments; climate change mitigation and adaptation; and responsible resource consumption and conservation.

4. GOVERNANCE/CIVIC LEADERSHIP

Local Government legislative and regulatory settings (e.g. Australian and/or NSW Constitutional recognition; Local Government Act review); corporate governance (e.g. role differentiation for Mayors, Councillors, General Managers and senior staff; Codes of Conduct; Political donations); structural reform (e.g. amalgamations and/or boundary changes; shared resources and services); Local Government elections (e.g. financial impact of electoral reforms on councils; impact of electoral reforms); participation (e.g. women’s participation rates as councillors; cultural diversity in leadership; other opportunities for citizens to genuinely participate in council processes); and policies and programs of other spheres of government that impact on Local Government governance or citizen involvement in local democracy.


 

 

5. SOCIAL POLICY

Social planning, social impact assessment, access, equity and social justice; community development and community cultural development; community halls and neighbourhood centres, ageing and disability services, women’s services, youth services and children’s care and education services); issues of concern and interest to NSW Aboriginal and Torres Strait Islander Peoples; cultural services (performing and visual arts, art galleries, performing arts centres, museums, public art, community arts, festivals, celebrations, heritage, new media and digital arts); Libraries; Health services (regulatory activities reducing public health risks; promoting healthy lifestyles; immunisation, early childhood health centres or rural medical services); Recreation facilities and services; and crime prevention planning.

 


Council Meeting                                                                                                     21 July 2015

5.8                       Local Government NSW Annual Conference

Attachment 2      Local Government NSW Annual Conference 2105


 


 


Council Meeting                                                                                                 21 July 2015

 

 

5.9     Children (Protection and Parental Responsibility) Act 1997

TRIM REFERENCE:        2015/1745

AUTHOR:                       Maureen Horth, Community Services Manager    

 

 

EXECUTIVE Summary

At the Council meeting on 6 November 2014 it was resolved:

Resolved 14/1017                                                                                 Cr J Hamling/Cr R Turner

That Council makes application to the NSW Attorney General for the extension of the Orange Operational Area under the Children (Protection and Parental Responsibility) Act 1997 for the period 1 July 2015 to 30 June 2019.

The purpose of this report is to provide Council with the outcome of the application process.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “7.1 Our Community - Feel safe in our homes and wider community by undertaking community engagement to keep plans and policies current for crime prevention, emergency service response, community safety and amenity, and promoting healthy and accessible link”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the information provided in the report by the Community Services Manager on the application of the reinstatement of the Children (Protection and Parental Responsibility) Act 1997 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

The Children (Protection and Parental Responsibility) Act relates to the responsibility of parents for the behaviour of their children. It enables the police to escort certain children from public places to their home and place them in the custody of their parents or a responsible carer. The Act functions in conjunction with a number of other local community safety and crime prevention strategies.


 

To facilitate the reinstatement of the Operational Area after 30 June 2015, Council undertook a consultation process with key stakeholders, including the Canobolas Local Area Command and representatives of the local Aboriginal and Culturally and Linguistically Diverse communities. The feedback was strongly in favour of a submission for reinstatement as it is viewed as an early intervention tool to be implemented in partnership with local youth services providers.

A submission was forwarded to the NSW Attorney General providing information about the implementation of the Act and documentation of the support of the key stakeholders.

The Attorney General, Ms Gabrielle Upton MP, signed the order for the reinstatement of the Operational Area on 27 June 2015.

 

Attachments

1          Application successful - extension Orange Operational Area - 1 July 2015 to 30 June 2019, IC15/9722

 


Council Meeting                                                                                                     21 July 2015

5.9                       Children (Protection and Parental Responsibility) Act 1997

Attachment 1      Application successful - extension Orange Operational Area - 1 July 2015 to 30 June 2019


 


Council Meeting                                                                                                 21 July 2015

 

 

5.10   Update on Anzac Park Skate Facility and BMX Track

TRIM REFERENCE:        2015/1732

AUTHOR:                       Ben Keegan, Sport and Recreation Coordinator    

 

 

EXECUTIVE Summary

This report is provided to update Council on the Anzac Park Skate Facility and BMX Track projects.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “6.3 Our Community – Ensure the sporting and recreational facilities, programs, activities and health programs provided by Council are effectively and efficiently managed, affordable and support healthy lifestyle choices”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the update on the Anzac Park Skate Facility and BMX Track be noted.

 

further considerations

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

SUPPORTING INFORMATION

At the Services Policy Committee meeting of 2 June 2015 a question was taken on notice requesting a report on the works to be undertaken in Anzac Park including the new Skate Park and BMX track.

The following information is provided to update Council on both the Anzac Park Skate Facility and BMX Track projects.

Anzac Park Skate Facility

Construction of the $120,000 Skate Facility at Anzac Park was completed by Oasis Skate Parks in early May and since that time the facility has proven to be popular with BMX, scooter and skateboard riders.

Some preliminary soft landscaping has been undertaken immediately around the skate area to reduce trip hazards however further shaping, topdressing and seeding will be undertaken in early spring when weather and growing conditions are more favourable.

A shelter structure, connecting concrete path and permanent garbage bin will be installed at the facility over the next two months.

A concept plan for the future expansion of the skate facility has already been developed and whilst funding has not been identified in Council’s Delivery Plan, external grant funding will be explored as opportunities arise.

Anzac Park BMX Track

Progress on the construction of the BMX track has been slowed considerably over the past month due to rain which makes the site inaccessible for extended periods.

Council has however recently taken delivery of the final fill material required to complete the base of the track and works are now progressing well to have the track formed ready for the top layer.

Prior to this occurring, the track designer will be visiting Orange on Friday, 10 July 2015 to inspect the track and undertake testing to ensure the shape and flow is safe and conducive to good racing. Minor amendments (if required), drainage and final trim will then be undertaken before the final top track layer is installed.

It will be at this point that the track will be ready for use however, sealing of a section of the start hill and installation of the start gates will still need to be completed prior to the BMX Club utilising the track for competition.

Subject to weather, it is expected that all works will be completed by the middle of September 2015.

 

 

  


Council Meeting                                                                                                 21 July 2015

 

 

5.11   Classification of Land - Drainage Reserve - Lot 347 DP 1208773

TRIM REFERENCE:        2015/1744

AUTHOR:                       Shirley Hyde, Legal and Property Officer    

 

 

EXECUTIVE Summary

This report seeks Council’s consent to classify land situated at Lot 347 DP 1208773 Newport Street, Orange, acquired for the purposes as drainage reserves, as Operational Land.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

1        That Lot 347 DP 1208773 be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993 (NSW).

2        That authority be granted to affix the Common Seal of Council to any documentation necessary to allow the classification.

 

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

As part of the subdivision development of Lot 299 DP 1205457 Molloy Drive, the developer was required in accordance with Council’s development consent and the Orange Development Control Plan 2004, to construct a public reserve. Council acquired such land through funding from Section 94 contributions and it was dedicated as public reserve under Section 49(1) of the Local Government Act 1993. The parcel has an area of 5,702 m2. This report seeks to classify Lot 347 DP 1208773, used for drainage purposes, as Operational Land. The subject land is hatched in diagonal lines on the following map.

     


Council Meeting                                                                                                 21 July 2015

 

 

6     Closed Meeting - See Closed Agenda

The General Manager will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.

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

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

Recommendation

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

6.1     Tender - Design and Construction - Orange Showground Pavilion

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

 

 


Council Meeting                                                                                                 21 July 2015

 

 

6.1     Tender - Design and Construction - Orange Showground Pavilion

TRIM REFERENCE:        2015/1808

AUTHOR:                       Scott Maunder, Director Community, Recreation and Cultural Services    

Reason for Confidentiality

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

 

  


Council Meeting                                                                                                 21 July 2015

 

 

7       Resolutions from closed meeting