ORANGE CITY COUNCIL

Ordinary Council Meeting

 

Agenda

 

18 August 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, 18 August 2015 commencing at 7.00pm.

 

 

Garry Styles

General Manager

 

For apologies please contact Michelle Catlin on 6393 8246.

    

 


Council Meeting                                                                                           18 August 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.. 4

1.1            Apologies and Leave of Absence. 4

1.2            Opening Prayer. 4

1.3            Acknowledgement of Country. 4

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

2                Mayoral Minutes. 5

2.1            Committee Structure. 5

3                Confirmation of Minutes of Previous Meeting.. 6

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 04 August 2015  7

4                Notices of Motion/Notices of Rescission.. 14

Nil

5                General Reports. 15

5.1            Statement of Investments - July 2015. 15

5.2            Recommendations and Resolutions from Policy Committees. 20

5.3            Outstanding Questions Taken on Notice. 32

5.4            Performance Indicators - April to June 2015. 35

5.5            Development Recap 2015. 88

5.6            Complaints Under Council's Code of Conduct 90

5.7            Training Opportunities for Councillors. 92

5.8            Mission Australia. 97

5.9            Acquisition of Land for Road Construction - Lot 211 DP 1209495. 101

5.10         Classification of Lot 135 DP 1207360 McCormick Place - Drainage Reserve. 104

5.11         Orange Botanic Gardens Precinct Master Plan. 106

5.12         Spot Rezonings Leewood Drive. 132

5.13         Development Application DA 4/2015(1) - Lot 18 Emerald Street 175

6                Closed Meeting - See Closed Agenda.. 370

6.1            Land Sale. 371

6.2            Narrambla Land Sale. 372

6.3            Voluntary Planning Agreement - Employment Generating Development 373

7                Resolutions from closed meeting.. 374

 


Council Meeting                                                                                           18 August 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.

 

 


Council Meeting                                                                                           18 August 2015

 

 

2       Mayoral Minutes

2.1     Committee Structure

TRIM REFERENCE:        2015/2108

 

 

Mayoral Minute

Given the importance Council has placed on employment and recreation related facilities and services, I propose that Council consider a revised Policy Committee structure.

 

Recommendation

That Council create a Policy Committee structure as follows:

·        Employment and Industry Policy Committee

·        Environment and Economic Development Policy Committee

·        Finance Policy Committee

·        Infrastructure Policy Committee

·        Services Policy Committee

·        Sport and Recreation Policy Committee

·        Sustainable Development Committee 

 

 

John Davis
Mayor

SUPPORTING INFORMATION

The Mayoral/Deputy Mayoral election and election of Policy Committee chairs will be contemplated at the 1 September 2015 Extraordinary meeting. I have prepared this Mayoral Minute so the report to that meeting shows the two new Policy Committees proposed in this report if the new structure is adopted by Council.

Council has identified a commitment to creating jobs through the Jobs Creation Strategy allocating $110,000 for 10 years through the jobs creation program. 2015/16 is the third year of the program.

Additionally, Council is currently planning facilities and services in the sporting and recreation areas including possible development at Wade Park, Waratahs support, human powered vehicles facilities, possible Cricket Centre of Excellence, rectangular playing field options, BMX facilities, mountain bike and general cycling facilities, strategic planning and the large project to install bike path infrastructure that Council recently received grant funds to complete. 

With the importance of the employment and sport/recreation issues, and the allocation of significant funds to these two areas, the creation of the two Policy Committees will provide the opportunity for the Council to discuss the strategic and policy issues in the proposed new Policy Committees to provide future direction in these areas.


Council Meeting                                                                                           18 August 2015

 

 

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 4 August 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 4 August 2015.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 4 August 2015



ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 4 August 2015

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services,  Manager Administration and Governance, Manager Corporate and Community Relations, Manager Financial Services, Operations Manager, Works Manager, Manager Building and Environment, Manager Waste Services and Technical Support

1.1     APOLOGY

 

RESOLVED - 15/303                                                                                Cr C Gryllis/Cr K Duffy

That the apology be accepted from Cr J Whitton for the Council Meeting of Orange City Council on 4 August 2015.

1.2     ACKNOWLEDGEMENT OF COUNTRY

 

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

CCL Item 4.1 Rate Exemptions for Church Properties by Cr Turner

Cr A Brown declared a pecuniary interest in Item 4.1 as he deals with religious organisations as a Real Estate Agent.

Cr C Gryllis declared a pecuniary interest in Item 4.1 as a Real Estate Agent negotiating boundary adjustments with adjoining property owners.

SDC Item 2.2 Development Application DA 125/2015(1) – 30 Stirling Avenue

Cr N Jones declared a less than significant non-pecuniary interest in Item 2.2 as a resident of the area and will participate in the debate and voting on this item.

IPC Item 2.1 Minutes of the City of Orange Traffic Committee – 14 July 2015

Cr K Duffy declared a non-pecuniary interest in Item 2.1 relating to Bus Zone Times – Summer Street as he is employed by Orange Buslines.

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.02PM

SDC Item 2.2 Development Application DA 125/2015(1) – 30 Stirling Avenue

Wayne Petrie

Mr Petrie sought Council’s approval of the application.

THE OPEN FORUM CONCLUDED AT 7.12PM

2       Mayoral Minutes

Nil

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 15/304                                                                                Cr R Kidd/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 21 July 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 21 July 2015.

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.14PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.31PM


 

 

4       Notices of Motion/Notices of Rescission

4.1     Rate exemptions for church properties by Cr Turner

TRIM Reference:        2015/1918

Cr A Brown declared a pecuniary interest in Item 4.1 as he deals with religious organisations as a Real Estate Agent, left the Chamber, and did not participate in the voting or debate on this item.

Cr C Gryllis declared a pecuniary interest in Item 4.1 as Real Estate Agent negotiating boundary adjustments with adjoining property owners, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 15/321                                                                           Cr R Turner/Cr J Hamling

1        That Council acknowledges that under the Local Government Act 1993 properties owned by churches which meet the Act definition of exempt are non-rateable.

2        That Council acknowledges that under the current definition in the Act that more than 60 church properties in the Orange Local Government Area have rate exemptions forgoing close to $400,000 annually in revenue.

3        That 181-183 Lords Place, Orange be rateable effective 1 July 2015.

4        That Council make a submission to the NSW Government to ensure exemptions for multiple church properties owned by a single church are investigated as part of the IPART review.

 

 

MATTER ARISING

RESOLVED - 15/322                                                                                  Cr K Duffy/Cr R Kidd

That Council submit a motion to the Local Government NSW Conference seeking a review of non-rateable properties.

 

 

5       General Reports

5.1     Electrolux Commemorative Book

TRIM Reference:        2015/1890

RESOLVED - 15/323                                                                           Cr R Gander/Cr S Munro

That Council fund the request from Electrolux for $10,000 for a commemorative book from the advertising budget.

 

 


 

5.2     Orange City Council Participation in Ryde Council's 2015 Granny Smith Festival

TRIM Reference:        2015/1859

RESOLVED - 15/324                                                                            Cr R Turner/Cr S Munro

That the funding allocated to the 2015 Ryde River Festival be re-allocated to promotional activity at the Ryde Granny Smith Festival.

 

 

QUESTION TAKEN ON NOTICE                                                                                                    

Cr Kidd requested information on Council’s support of the Orange Apple company. A memo to be circulated to Councillors.

 

5.3     Local Government NSW Annual Conference

TRIM Reference:        2015/1915

RESOLVED - 15/325                                                                              Cr N Jones/Cr S Munro

That Council submit the following motion relating to rail infrastructure:

That Local Government NSW lobby the NSW Government to;

(a)           Implement the planning and procurement of the replacement XPT fleet to service Regional NSW, within the current electoral parliamentary term, and

(b)          Plan and implement improvements to rail infrastructure and alignment to ensure the new XPT fleet can perform to its maximum capability.

 

 

RESOLVED - 15/326                                                                                  Cr N Jones/Cr R Kidd

That Council submit the following motion relating to the container deposit scheme:

1        That Local Government NSW request its representative on the NSW Container Deposit Scheme (CDS) Advisory Committee to support a CDS that includes a monetary deposit and reward system through both Reverse Vending Machines (RVMs), and Community and Council Recycling Centres, and that the CDS covers plastic, aluminium and glass drink containers.

2        That Local Government NSW seek an assurance that a CDS will recognise the right of local councils to receive payment for containers collected via kerbside waste collection.

 

 

RESOLVED - 15/327                                                                           Cr R Gander/Cr R Turner

That Council submit a motion in relation to the role and performance of private certifiers.

 

 

RESOLVED - 15/328                                                                                Cr K Duffy/Cr C Gryllis

That Council submit a motion in relation to seeking support for the Federal Government to reinstate the indexation of the Federal Assistance Grants.

 

 

5.4     National General Assembly of Local Government

TRIM Reference:        2015/1943

RESOLVED - 15/329                                                                                Cr K Duffy/Cr C Gryllis

That the report on the National General Assembly of Local Government by Cr Kevin Duffy be acknowledged.

 

 

5.5     Classification of Lot 157 DP 1207987 Tilston Way - Drainage Reserve

TRIM Reference:        2015/1821

RESOLVED - 15/330                                                                            Cr R Turner/Cr S Munro

1        That Lot 157 DP 1207987 be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993.

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

 


 

 

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 - 15/331                                                                             Cr S Munro/Cr C Gryllis

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     Land Sale - Trappit Place

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

6.2     Waste Services Contract

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

6.3     Extension of Senior Staff Contracts

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 (a) personnel matters concerning particular individuals (other than councillors).

 

     

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE CLOSED MEETING AT 8.11PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.34PM


 

 

7       Resolutions from Closed Meeting

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

6.1     Land Sale - Trappit Place

TRIM Reference:        2015/1809

RESOLVED - 15/332                                                                                Cr R Kidd/Cr S Munro

That Item 6.1 be withdrawn at the request of the proposed purchaser.

 

 

6.2     Waste Services Contract

TRIM Reference:        2015/1940

RESOLVED - 15/333                                                                              Cr C Gryllis/Cr G Taylor

That the report by the Manager of Corporate and Community Relations on the Waste Services contract be acknowledged, and that a Councillor briefing be scheduled to discuss the waste services contract.

 

 

6.3     Extension of Senior Staff Contracts

TRIM Reference:        2015/1888

RESOLVED - 15/334                                                                            Cr C Gryllis/Cr R Gander

That Council note the report and the consultation process.

 

 

The Meeting Closed at 8.35pm

 

This is Page Number 7 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 4 August 2015.

  


Council Meeting                                                                                           18 August 2015

 

 

4       Notices of Motion/Notices of Rescission

Nil


Council Meeting                                                                                           18 August 2015

 

 

5       General Reports

5.1     Statement of Investments - July 2015

TRIM REFERENCE:        2015/2020

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 31 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

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 31 July 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 31 July 2015, the investments held by Council totalled $117,221,941.08 and is attributed to the following funds.

 

 

31/07/2015

30/06/2015

General Fund

48,114,048.29

48,769,505.93

Sewer Local Fund

32,242,344.58

40,643,794.00

Water Supply Local Fund

34,752,421.48

26,752,604.22

Orange CBD Special Rate

2,113,126.73

2,161,933.98

117,221,941.08

118,327,838.13

 

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

 

Externally Restricted

31/07/2015

30/06/2015

General Fund

22,965,190.72

22,965,190.72

Water Fund

34,752,421.48

26,752,604.22

Sewer Fund

32,242,344.58

40,643,794.00

CBD Fund

2,113,126.73

2,161,933.98

Auspiced

1,409,738.30

1,409,738.30

Internally Restricted

14,930,187.44

14,930,187.44

Unrestricted

8,808,931.83

9,464,389.47

117,221,941.08

118,327,838.13

 


 

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 July 2015 remained at 2.00%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.60% (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 utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 July 2015, the AusBond rate was 2.14%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.60%.

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%

6.25%

93.75%

3 - 12 Months

100.00%

62.71%

37.29%

1 - 2 Years

70.00%

9.26%

60.74%

2 - 5 Years

50.00%

21.77%

28.23%

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%

30.45%

69.55%

A

60.00%

39.00%

21.00%

BBB & NR

40.00%

30.55%

9.45%

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                                                                                           18 August 2015

 

 

5.2     Recommendations and Resolutions from Policy Committees

TRIM REFERENCE:        2015/2039

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 4 August 2015 be noted.

2        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 4 August 2015 be noted.

3        That the resolutions made by the Services Policy Committee at its meeting held on 4 August 2015 be noted.

4        That the following recommendations made by the Services Policy Committee at its meeting held on 4 August 2015 be adopted.

          a        That the recommendations made by the Central West Libraries at its meeting held on 26 June 2015 be adopted.

          b       That Council approve the adjustment of $2,558.92 to be transferred from another budget element in the existing Orange Library budget.

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

6        That the resolutions made by the Finance Policy Committee at its meeting held on 4 August 2015 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

Sustainable Development Committee

At the Sustainable Development Committee meeting held on 4 August 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 4 August 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 4 August 2015 all resolutions were made under delegation, and the minutes are presented for noting, with exception to the following recommendations which are presented to Council for adoption.

2.1     MINUTES OF THE CENTRAL WEST LIBRARIES - 26 JUNE 2015

TRIM REFERENCE:        2015/1951

Recommendation                                                                                Cr C Gryllis/Cr R Kidd

1        That the recommendations made by the Central West Libraries at its meeting held on   26 June 2015 be adopted.

2        That Council approve the adjustment of $2,558.92 to be transferred from another budget element in the existing Orange Library budget.

 

Environment and Economic Development Policy Committee

At the Environment and Economic Development Policy Committee meeting held on 4 August 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 4 August 2015 several resolutions were made under delegation, and those resolutions are presented for noting.

Attachments

1          SDC 4 August 2015 Minutes, 2015/2044

2          IPC 4 August 2015 Minutes, 2015/2045

3          SPC 4 August 2015 Minutes, 2015/2046

4          EEDPC 4 August 2015 Minutes, 2015/2047

5          FPC 4 August 2015 Minutes, 2015/2048

 


Council Meeting                                                                                               18 August 2015

5.2                       Recommendations and Resolutions from Policy Committees

Attachment 1      SDC 4 August 2015 Minutes


 


Council Meeting                                                                                               18 August 2015

5.2                       Recommendations and Resolutions from Policy Committees

Attachment 2      IPC 4 August 2015 Minutes


 


Council Meeting                                                                                               18 August 2015

5.2                       Recommendations and Resolutions from Policy Committees

Attachment 3      SPC 4 August 2015 Minutes


 


Council Meeting                                                                                               18 August 2015

5.2                       Recommendations and Resolutions from Policy Committees

Attachment 4      EEDPC 4 August 2015 Minutes


 


Council Meeting                                                                                               18 August 2015

5.2                       Recommendations and Resolutions from Policy Committees

Attachment 5      FPC 4 August 2015 Minutes


 


Council Meeting                                                                                           18 August 2015

 

 

5.3     Outstanding Questions Taken on Notice

TRIM REFERENCE:        2015/2040

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                                                                                                                     18 August 2015

5.3                       Outstanding Questions Taken on Notice

Attachment 1      Outstanding Questions Taken on Notice

                                                                                                                            

 

OUTSTANDING QUESTIONS TAKEN ON NOTICE

COUNCIL MEETINGS

 

Date of Meeting

Question

Responsible Staff Member

Action

4 August 2015

Cr Duffy requested information on the current operational status of the RSPCA in Orange.

Manager Building and Environment

Information to be circulated to Councillors.

Cr Duffy requested information on investments held by Central West Libraries.

Manager Financial Services

A memo to be circulated to Councillors.

Cr Kidd requested information on Council’s support of the Orange Apple company.

Manager Financial Services

A memo to be circulated to Councillors.

21 July 2015

Cr Gryllis requested an inspection of Anzac Park Skate Facility and BMX Track and other key sites be organised.

Manager Administration and Governance

Inspection to be organised.

Cr Turner requested information in relation to wether this approval creates additional waste/water charges to this land (Lot 74 DP 245220 – 3 Old Regret Road, Clifton Grove), and whether the approval extends to any future owner of this property.

Manager Financial Services

A memo to be circulated to Councillors.

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.

12 May 2015

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

Manager Financial Services

Information emailed to Councillors 12 August 2015.

 

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.

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.

 

 

 


Council Meeting                                                                                           18 August 2015

 

 

5.4     Performance Indicators - April to June 2015

TRIM REFERENCE:        2015/1966

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

This report provides the final quarter review of the 2014/18 Delivery/Operational Plan. The performance indicators illustrate the progress Council has made on the strategies identified in its strategic planning documents.

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

This report provides the consolidated progress made in implementing Council’s Delivery/Operational Plan 2014/18, as required by the integrated planning and reporting obligations.

 

Recommendation

That the Performance Indicators – April to June 2015 be acknowledged.

 

further considerations

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

Service Delivery

The Performance Indicators highlight progress in achieving the strategies and actions set by Council’s Delivery/Operational Plan. The “traffic light” indicators show the status of progress. Those actions with green lights are completed. Amber lights indicate a measure of progress, without the task being fully completed. Red lights indicate that progress has not been made, or is limited. Progress may be limited for a range of reasons, and comments are provided on each task.

Despite some amber and red lights, Council has continued to provide a very high level of service to the Orange Community.

 


 

SUPPORTING INFORMATION

The performance indicators for the April to June 2015 quarter are provided. A number of tasks have an amber light, indicating some, but not all, of the performance indicators have been met during the quarter. There are also a number of red lights, which indicate the performance indicator has not been met. An explanation is provided for all red lights.

The financial reports relating to Council’s year-end budget performance will be the subject of a separate report to Council in September 2015.

As the last report for the 2014/15 year, the following are some of the highlights and achievements in the June 2015 quarter noted in the attached:

 

Direction

Item number

Project/achievement

Our City

1.14

Significant progress on implementation and use of the Enterprise Risk Management system. Now using on major projects and across operational areas to assess risks to Council. A key process improvement tool.

Our City

1.2.1

Completion of implementation of new business paper production system with a monitoring tool.

Our City

1.2.2

All quarterly reports on performance of the Delivery/Operational Plan progress complied with the reporting timeframes. In the first 10 councils to submit 2013/14 annual financial statements to Office of Local Government.

Our City

1.3.1

The South Orange “Shiralee” development plan was completed which will see the creation of close to 1,800 residential lots.

Our City

3.2.1

The Equal Employment Opportunity Plan was updated. Council reviewed its processes and implemented an online performance system and online recruitment process. Succession Planning for critical positions has been completed with action plans developed for a number of positions.

Our City

4.4.1

Council lodged its Fit for the Future response to the NSW Government’s reform agenda for local government in June 2015 opting for a stand alone position after a joint investigation with Cabonne Council for a merger resulted in Cabonne determining it would stand alone.

Our Community

5.1.1

Council prepared the Orange Botanic Gardens Master Plan and sought public comment on the Plan. A review of the Bicycle Plan was also completed.

Our Community

5.1.3

Moulder Park youth precinct enhancements, including play apparatus, seating and shared pathway connectivity and bridge over Rifle Range Creek, and replacement of the pedestrian bridge linking National Avenue to the Aquatic Centre has been completed.
ANZAC Park skate facility constructed.

Ploughmans Wetland boardwalk constructed with the support of the Federal Government's Green Army program.


 

Direction

Item number

Project/achievement

Our Community

7.1.1

Council secured funding through ClubGrants for the Operation Never Again promotion as a component of the Crime Prevention Partnership.

Our Community

7.1.2

Implementation of the Operational Area of the Children (Protection and Parental Responsibility) Act 1997 for the period 1 January to 30 June 2015 was finalised in the year and reported to Council in first quarter of 2015/16

Our Community

8.1.4

Construction on the Orange Regional Museum commenced with completion expected in the 2nd quarter of 2015/16.

Our Community

8.2.2

All oral history stories in the Library’s heritage collections were digitised.

Our Community

9.1.1

The Department of Prime Minister and Cabinet has approved funding for the Designing Futures program commencing 1 January 2016. This is an Aboriginal specific program for targeted young people including after school activities, linking young people with mainstream services and providing positive engagement through recreation and cultural activities

Our Community

9.1.5

ClubGrants funding has been approved $2,000 for Adult Learn to Swim program; $1,000 for Information Workshops; $2,000 for Harmony Day Soccer (2016).

Our Economy

10.1.1

New tourism branding strategy developed for Orange Region with support of Cabonne and Blayney Councils. New brand has been applied to regional guides for both city and villages, events, promotion and marketing, website, mobile website and mobile App.

Our Economy

10.1.2

Visitor Information services have continued via temporary premises in Orange Regional Art Gallery. The distribution network has expanded to include surrounding villages of Blayney and Cabonne Councils, business operators, transport services and other outlets with over 100 operators included in familiarisation program. In addition online and digital outreach service has seen an increase in engagement with website sessions up from 6,500 for July 2014 to 13,000 in April 2015.Visit Orange Facebook likes over 2,700, Orange is Open Facebook likes over 3,100. Construction of new Visitor Information Centre in the Regional Museum commenced.


 

Direction

Item number

Project/achievement

Our Economy

10.1.2

Visitor Information services have continued via temporary premises in Orange Regional Art Gallery. The distribution network has expanded to include surrounding villages of Blayney and Cabonne Councils, business operators, transport services and other outlets with over 100 operators included in familiarisation program. In addition online and digital outreach service has seen an increase in engagement with website sessions up from 6,500 for July 2014 to 13,000 in April 2015.Visit Orange facebook likes over 2,700, Orange is Open facebook likes over 3,100. Construction of new Visitor Information Centre in the Regional Museum commenced.

Our Economy

11.1.1

Working with Chamber of Commerce to develop a Shop Local campaign. 41 businesses have been provided with support.

Our Economy

11.2.1

The program has been operating for 4 years, having launched in September 2010. Key outcomes include:

·    267,957 visits to Evocities.com.au

·    Over 1.07 million visits to Evojobs.com.au

·    Over 16,000 jobs promoted

·    2,533 enquires lodged

·    2,208 media placements reaching a potential audience of more than 51 million people across both traditional and online media.

Orange City undertakes surveys of new arrivals to Orange. Just under 8% of people relocating get in touch with Council. The Evocities brand was recalled by at least 30% of the people who were in touch with Council. Council has re-signed for one year of Evocities agreement with further assessment of results before consideration is given to additional years.

Our Economy

11.2.2

Grow Local campaign from the Jobs Creation Strategy was launched and is co-funded by Council and NSW Government ($30,000 each). It is designed to assist businesses to grow their businesses and create new jobs.

Our Environment

14.1.2

Macquarie Pipeline officially opened 2 July 2015

Our Environment

14.1.3

Upgrade Suma Park Dam commenced.

 

Attachments

1          Performance indicators - Quarter 4 - April to June - 2014 2018 Delivery Operational Plan, D15/26760

 


Council Meeting                                                                                                                     18 August 2015

5.4                       Performance Indicators - April to June 2015

Attachment 1      Performance indicators - Quarter 4 - April to June - 2014 2018 Delivery Operational Plan

                                                                                                                                                                                                                                                            http://intranet/formstemplates/Content/L.html/1244412641/OrangeCityCouncilNEWLEAFLOGO493309.jpg/_10411_D7_/OrangeCityCouncilNEWLEAFLOGO493309.jpg

Quarterly Performance Indicators

2014/18 Delivery/Operational Plan

Quarter 4 – April to June 2015

D15/26760


 

OUR CITY

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.1 – Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community

Ref

Task

Performance Indicator

Status

Progress Report

1.1.1

Develop Delegations and Sub-Delegations Register

Review Delegations and Sub-Delegations Register for legislative compliance quarterly

Sub-Delegations finalised for staff during the quarter.

1.1.2

Provide information to Councillors on training and development opportunities

Information provided to Councillors on training opportunities

Councillors advised of training opportunities as they arise. Council was represented at the National General Assembly of Local Government during the quarter.

1.1.3

Ensure Council maintains an internet and social media presence

Comprehensive review of Council’s website by June 2015

Information on Council’s website and social media is reviewed and updated regularly, with current news and events listed on a daily basis.

 

New features added to Council’s website and social media pages

Quarterly review of information provided on Council’s website

1.1.4

Complete implementation of the Enterprise Risk Management Program (by April 2015)

Action Plans being completed as per schedule of ERM Risk Assessments

Monitoring of Action Plans continued during the quarter. New Risk Assessments commenced in relation to safety, Fit for the Future and waste. Upgrades to the software system have continued, with improved reporting and notification functionality introduced.

At least three new risk assessments conducted during the quarter

Monitoring framework established by December 2014


 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.2 - Information and advice provided for the decision-making process will succinct, reasoned, accurate, timely and balanced

Ref

Task

Performance Indicator

Status

Progress Report

1.2.1

Manage Council’s electronic document management system

Incoming correspondence processed daily

All incoming mail is processed daily. Records are destroyed within the parameters set by the NSW Government (and set out in General Authority 39 - State Records).

Records retained/destroyed in accordance with GA39

1.2.2

Provide financial reporting with reference to the Long Term Financial Plan and Delivery/Operational Plan requirements

Annual financial statements finalised by November

March Quarterly Report presented to Council in accordance with established timeframes

Quarterly reports presented to Council within two months of the end of each quarter

1.2.3

Establish and manage Council's Community Committee Network

Conduct general training for Committee Clerks in November annually

All performance measures have been achieved. During the quarter, Community Committees continued to meet in accordance with Council’s adopted meeting schedule.

Establish annual Committee Meeting schedule in November annually

Report on establishment of Committees in September annually

Review of Committees terms of reference/charters undertaken in October annually


 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1. 3 - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions.

Ref

Task

Performance Indicator

Status

Progress Report

1.3.1

Provide a framework for development in the city through the Orange Local Environmental Plan (OLEP) 2011, plans of management and the Development Control Plan

Develop and have adopted Development Control Plan (DCP) 2012 by June 2015

Development Control Plan deferred to December 2015.

Shiralee (South Orange) and Phillip Street master plans adopted.

Daydawn Place rezoning cancelled by Council.

South Orange land use masterplanning completed by June 2015

1.3.2

Review and report on the five key areas of our environment (water, air, biodiversity, soil, salinity) through preparation of the State of Environment Report (SOE)

Publish the annual SOE by November

The State of the Environment Report was completed during the previous quarter.

1.3.3

Support Local Emergency Management Committee (LEMC)

Organise and attend quarterly meetings of the (LEMC)

The first draft of the new Emplan has been completed. Progress has been made on completing the Consequence Management Guide for hazards identified.

1.3.4

Support the Rural Fire Service

Attend pre and post season Bush Fire Management Committee Meetings

Council was represented at the Zone liaison Committee and the Bush Fire Management committee held during the quarter.

Attend quarterly Bush Fire Liaison Meetings


 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1. 3 - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions.

Ref

Task

Performance Indicator

Status

Progress Report

1.3.5

Develop and implement the suite of Integrated Planning and Reporting documents

Comprehensive review of the Community Strategic Plan by March 2016

All Integrated Planning and Reporting documents completed and adopted by Council on 12 May 2015, well ahead of 30 June 2015 deadline.

Minor review of the Community Strategic Plan by February annually

Preparation of the Annual Report by October annually

Review of the Asset Management Policy and Plans by February annually

Review of the Community Engagement Strategy by June 2015

Review of the Long Term Financial Plan by February annually

Review of the Workforce Management Plan by February annually


 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.4 – Ensure a framework that Council’s policies, procedures and programs relate to the vision and directions of the Community Strategic Plan, including a disability action plan.

Ref

Task

Performance Indicator

Status

Progress Report

1.4.1

Strategic and Operational Policy Review Schedule developed and adopted.

Policies reviewed in accordance with the Review Schedule, including the Code of Conduct by March annually, the Code of Meeting Practice by April annually, the Councillor Payment of Expenses and Provision of Facilities in September annually

A number of operational policies have been reviewed during the quarter. The Code of Conduct and Library Management Strategic Policy have also been reviewed and exhibited during the quarter.

1.4.2

Ensure Councillors are aware of key Policy requirements

Training for Councillors in the Code of Conduct and Code of Meeting Practice annually in December (except in election years, then October

Training for Councillors in Code of Conduct and Meeting Procedures was undertaken during the quarter.

 

Objective 2 - Provide multiple opportunities for the community to engage in planning, policy and advocacy for the development and direction of the City of Orange

Strategy 2.1 - Provide a flexible and adaptable community engagement process for gathering and disseminating information, ideas and responses. Engage with the community through a variety of formats including traditional media, emerging technologies, Committees and forums.

Ref

Task

Performance Indicator

Status

Progress Report

2.1.1

Promote Council's activities through media releases, media briefings and host community information sessions when appropriate

Issue media releases at a minimum of one weekly

Media releases and briefings issued at least one per week. This information also provides the basis of postings on the website and social media. Promotion of the E News service continued.

 

Provide at least one media briefing per week

Objective 2 - Provide multiple opportunities for the community to engage in planning, policy and advocacy for the development and direction of the City of Orange

 

Strategy 2.2 - Provide Council Customer Service that is easy to access and use, interactive and responsive

 

Ref

Task

Performance Indicator

Status

Progress Report

 

2.2.1

Provide a one-stop customer response service

Provide an after-hours response service

Council continues to provide an after-hours phone service. Customers can log requests through the Council's website and all requests have been assigned to relevant staff through Council's Customer Request System.

 

Respond to issues reported through Council's internet site within 14 days

 

2.2.2

Annually review the Customer Service Obligation Policy and ensure all staff comply with the requirements of the policy

Customer Service Obligation Policy reviewed annually in April and distributed to staff

The Customer Service Obligation Policy has been updated and provided to staff via Council's intranet.

 

 

Objective 2 - Provide multiple opportunities for the community to engage in planning, policy and advocacy for the development and direction of the City of Orange

Strategy 2.3 - 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.

Ref

Task

Performance Indicator

Status

Progress Report

2.3.1

Establish Committees with community members to assist Council in developing and managing projects

Meeting schedule developed for all planned meetings

Council's Community Committee network continued to meet over the quarter, with 28 meetings held in accordance with Council's adopted meeting schedule.

Number of scheduled meetings held

Recruit Committee members as required

2.3.2

Maintain membership of key lobby groups to advance regional priorities

Build on relationships with key lobby groups including but not limited to CENTROC, NetWaste, Regional Development Australia, Central NSW Tourism, Regional Cities, Central West Libraries, Bathurst, Orange, Dubbo Alliance, and Association of Mining Related Councils

Council maintained relationships with key lobby groups in the region.

Objective 3 - Provide appropriate frameworks that promote the identification, growth and development of current and future leaders, recognising the special needs of older residents and people from culturally diverse/non-English speaking backgrounds

Strategy 3.1 - Provide opportunities for potential candidates who wish  to stand for Local Government elections to become  familiar with Council processes, activities and services

Ref

Task

Performance Indicator

Status

Progress Report

3.1.1

Conduct candidate information sessions in conjunction with the NSW Electoral Commission and Electoral Funding Authority

Information sessions conducted

This action are not scheduled to commence until 2016.

 

 

Objective 3 - Provide appropriate frameworks that promote the identification, growth and development of current and future leaders, recognising the special needs of older residents and people from culturally diverse/non-English speaking backgrounds

Strategy 3.2 - Provide a framework for staff to exercise the opportunity to build on and develop their leadership potential, as well as recognising the value of older workers

Ref

Task

Performance Indicator

Status

Progress Report

3.2.1

Implement the Workforce Management Plan

Develop and implement a Safety Plan by December 2014

The Equal Employment Opportunity Plan was reviewed
The implementation of Council's new online performance system process was completed.
Succession Planning - critical position action plans undertaken for a number of positions.

All changes from the recruitment process have been fully implemented.

Human Resources continued to implement the e-learning program, with all new staff completing core modules.

Develop and implement review of Employee Performance Review process by June 2015

Implement changes from the Recruitment Review process by December 2014

Implement e-learning solution by October 2014

Review Equal Employment Opportunity Management Plan by December 2014

Succession planning review complete by June 2015


 

Objective 3 - Provide appropriate frameworks that promote the identification, growth and development of current and future leaders, recognising the special needs of older residents and people from culturally diverse/non-English speaking backgrounds

Strategy 3.3 - 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

Ref

Task

Performance Indicator

Status

Progress Report

3.3.1

Apply Council's adopted Donations and Grants Policy to support community excellence

Report requests for support to Council quarterly

Quarterly reports presented to Council in accordance with Policy. During the quarter, Council supported Orange High School’s Literature Competition and Hayden Dillon for sporting achievements.

 

Objective 4 - Build on the capacity of the City as a leader by participating in local, regional, national and global organisations, networks and initiatives

Strategy 4.1 - Continue to deliver a leadership role as a major entity in the region and actively contribute to the future direction of local, regional and national initiatives to support and facilitate improved outcomes for the community

Ref

Task

Performance Indicator

Status

Progress Report

4.1.1

Engage with State and Federal Governments on funding and policy matters

Demonstrated advocacy on emerging strategic matters important to the City and region

Submitted funding applications to State and Federal governments for additional stages of the airport terminal project.  Submissions on the NSW Government Fit for Future reform processes and to IPART on its proposed methodology to assess the sustainability of councils. Continued to work with NSW Health and other partners on health related issues including palliative care services.

Demonstrated advocacy on key community issues

 


 

 

Objective 4 - Build on the capacity of the City as a leader by participating in local, regional, national and global organisations, networks and initiatives

Strategy 4.2 - Actively contribute to the future direction of international strategic initiatives to build capacity and cross-cultural understanding

Ref

Task

Performance Indicator

Status

Progress Report

4.2.1

Maintain strong cultural linkages

Maintain Sister Cities relationships with Timaru, New Zealand; Ushiku, Japan; Orange, California; Mt Hagen, Papua New Guinea

Cultural ties with Sister Cities continued through the quarter.

The Sister Cities Community Committee met regularly with members maintaining ties with other cities.


 

OUR COMMUNITY

Objective 5 - Provide a broad range of equitable and affordable opportunities for the community to enjoy a healthy and active lifestyle

Strategy 5.1 - Identify changing community aspirations and undertake community engagement and planning for the creation of open spaces, recreational facilities and services, recognising the special needs of older people and those with disabilities

Ref

Task

Performance Indicator

Status

Progress Report

5.1.1

In conjunction with the community, develop strategies for public open space

Bicycle Plan reviewed by July 2015

Orange Botanic Gardens Precinct Master Plan exhibition period finalised and comments under review for consideration.

The review of the Bicycle Plan was completed.

Botanic Gardens Master Plan reviewed by July 2015

Cook Park Master Plan reviewed by July 2016

Playground Strategy reviewed by July 2016

5.1.2

Review and implement the Pedestrian Access Mobility Plan

Actions implemented in accordance with the Plan

This has been deferred until the next year.

Pedestrian Access Mobility Plan reviewed by July 2015

5.1.3

Increase and improve public open space accessibility and facilities for a broad range of members of the community.

Design and construct the Moulder Park Youth Precinct by June 2015

Moulder Park youth precinct enhancements, including play apparatus, seating and shared pathway connectivity and bridge over Rifle Range Creek installed.
Moulder Park - the replacement of the pedestrian bridge linking National Avenue to the Aquatic Centre has been completed.
ANZAC Park skate facility constructed.
Ploughmans Wetland boardwalk constructed with the support of the Federal Government's Green Army program. Installation of seating and shelters to wetlands completed in the quarter.

Pathway at Sir Jack Brabham Park delayed. Pathway to be re-aligned following stormwater retention basin upgrades.

Installation of seating and shelters to Wetlands by June 2015

Sir Jack Brabham Park shared path network sealing of gravel sections for improved accessibility by June 2015

Undertake Ploughmans Wetland State 2 pathway (boardwalk) by June 2015

 

Objective 5 - Provide a broad range of equitable and affordable opportunities for the community to enjoy a healthy and active lifestyle

Strategy 5.1 - Identify changing community aspirations and undertake community engagement and planning for the creation of open spaces, recreational facilities and services, recognising the special needs of older people and those with disabilities

Ref

Task

Performance Indicator

Status

Progress Report

5.1.4

Showground utilisation and servicing plans developed

Develop detailed costed Capital Works program

Tender for Orange Showground released.
Exhibitions for future years secured - Story of Anzacs
Continued programming of annual events including Annual Show, Rodeo and camp drafting. Farmers markets conducted in Summer months.
Detailed capital works program developed and reviewed annually.

Identify potential users of facilities and promote availability


 

Objective 5 - Provide a broad range of equitable and affordable opportunities for the community to enjoy a healthy and active lifestyle

Strategy 5. 2 -  Maintain and renew recreational spaces and infrastructure assets as specified within the Asset Management Plan at agreed levels of service to optimise community use

Ref

Task

Performance Indicator

Status

Progress Report

5.2.1

Implement maintenance activities for parks infrastructure (seats, signs, fences, pathways playgrounds) to ensure items are maintained appropriately

Engage Playground Consultant to undertake playground safety inspections on a three year interval

Sir Jack Brabham Park irrigation design completed and renovation works to ground commenced, due to climatic conditions machinery access to site has been hindered and project will continue into the first quarter of the 2015/16 year.
Playgrounds across the City are inspected monthly with each inspection recorded.

Repainting and re-oiling completed during the quarter.

Re-oil the Orange Adventure Playground by June bi-annually

Repaint/oil seats in Cook Park and the Orange Botanic Gardens by June annually

Sir Jack Brabham Park irrigation extension and drainage completed by June 2015

Undertake recorded playground inspections on a monthly basis

5.2.2

Implement renewal and expansion of recreational assets

Botanic Gardens – Development of Rosacea Garden by December 2014

Cook Park - Dalton Fountain restoration: Conservation Services International undertook the dismantling of the fountain and transportation of the cast iron section to their workshop for conservation treatment.
Botanic Gardens stormwater filtration ponds - earth works have been completed to form the filtration ponds and assist with improving stormwater management impacts upon the Billabongs contained within the Gardens.

Shade cloth installed at the Spring Hill Park Playground.

Cricket nets at Cutcliffe Park renewed during the quarter.

Botanic Gardens – Redevelopment of stormwater filtration ponds by June 2015

Cook Park – Restoration of James Dalton Fountain by June 2015

Cutcliffe Park renewal of cricket nets by June 2015

Installation of shade cloth at Spring Hill Park playground by June 2015

Wade Park flood lighting by June 2016

Wade Park picket fence by October 2014


 

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

Strategy 6.1 -  Identify changing community aspirations and undertake community engagement and planning for the development and support of sporting and recreational services

Ref

Task

Performance Indicator

Status

Progress Report

6.1.1

Support the implementation of the Council on the Ageing Plan for Orange

Council on the Ageing Plan reviewed at quarterly meetings of the Ageing Community Committee and actions completed

Council is sourcing a consultant and getting quotes for the facilitation of a needs assessment and the development of a reviewed plan.

 

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

Strategy 6. 2 - Seek innovative and creative solutions in partnership with key stakeholders that convert the demonstrated community need for sporting and recreational services/facilities to infrastructure and activities.

Ref

Task

Performance Indicator

Status

Progress Report

6.2.1

Work with existing and emergent groups for the development of Sir Jack Brabham Park

Design, planning and construction of Sir Jack Brabham Sports Centre complete by June 2015

Preparation of tender document for the Sir Jack Brabham Sports Centre is being finalised.

6.2.2

Rectangular playing field development finalised

Planning of rectangular playing field by June 2015

Planning proposal for rezoning of the site submitted.

 


 

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

Strategy 6.3 - 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.

Ref

Task

Performance Indicator

Status

Progress Report

6.3.1

Support and work with sporting organisations to secure events for the Orange region

Support at least three major events annually

Council was directly responsible for securing the following sporting events during the quarter:

·      2015 Round of Motorcycling NSW State Junior Motocross Series

·      Basketball NSW Western Junior League Finals Weekend

·      2015 NSW Rugby U/14 State Championships

·      2015 Basketball NSW Country Premier League

 

Support was also provided to the following sporting events:

·      Women’s State League Football - Western Mariners

·      Men’s State League Football - Western Mariners V North Shore

6.3.2

Operate the Orange Aquatic Centre

Centre complies with Royal Life Saving Society and NSW Health guidelines

Maintenance items have been completed at the centre. Regular water testing has occurred and no significant issues have been identified.


 

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

Strategy 6. 4 - Encourage partnerships with community groups, government agencies and the business sector for the achievement of improved healthy lifestyle choices for the community

Ref

Task

Performance Indicator

Status

Progress Report

6.4.1

Provide healthy and active living recreational activities for older people, people with a disability and younger people

Provide recreational activities including after school and school holiday activities for identified young people

Teen Time provided after school and vacation care programs for up to 9 high school aged students with disability.

The April Merge Holiday Activity program was conducted with 58 attending.

Social Support delivered 4,028 hours of service to 115 clients including older people and people with disability, during the reporting period. Activities included bus trips, community restaurant, men's group and craft sessions.

6.4.2

Engage the community in the Parks Alive program and environmental activities

Engage four schools per annum in the Parks Alive program

In the quarter 14 community events were held with 12 of those events being hands on with tree planting and/or mulching activities being undertaken and 2 being community information events. The main areas targeted were Nelson Park, Hill Park, Gosling Creek Reserve and Coogal Park. There were 2 Bill's Bush Tours also held.

Four community events held per annum (eg promotion at Australian National Field Days in October annually)

Four educational activities per annum (eg wetlands walks)

Four tree playing days per annum

6.4.3

Work with community organisations and agencies to develop and operate programs which have a positive impact on community health

Provide support and encouragement for community activities that raise awareness and promote healthy lifestyles, eg Relay for Life, Eight Day Games etc

Council supported the Dye Hard Colour Run event during the quarter.


 

Objective 7 - Encourage resident and Government involvement to ensure a supportive and safe City

Strategy 7.1 - 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 links for older people and youth.

Ref

Task

Performance Indicator

Status

Progress Report

7.1.1

Engage the community in addressing crime

Participate in Crime Prevention Partnership (CCP)

Council is represented on the Orange Liquor Accord and the Crime Prevention Partnership.
Reviewed Crime Prevention Partnership Action Plan, Community Safety Audits report and results of the Community Safety and Crime Prevention Research considered to identify priorities in addressing crime.
Submission for ClubGrants funding for Operation Never Again promotion successful.

Participate in the implementation of the CCP Action Plan

Participate in the Orange Liquor Accord

Promote the Operation Never Again program

7.1.2

Evaluate the implementation of the Children (Protection and Parental Responsibility) Act 1997 using collected data and community perception surveys (operational area only approved until 2014-15)

Compile and submit six monthly reports on the implementation of the Act

Report on implementation of the Operational Area of the Children (Protection and Parental Responsibility) Act 1997 for the period 1 January to 30 June 2015 being finalised (due July 2015).


 

Objective 7 - Encourage resident and Government involvement to ensure a supportive and safe City

Strategy 7.2 - Seek innovative and creative solutions in partnership with key stakeholders that respond to the community’s need for a safe and secure City including infrastructure and activities, recognising the needs of older people and those of younger people

Ref

Task

Performance Indicator

Status

Progress Report

7.2.1

Conduct the Orange and Cabonne Road Safety Program

Implementation of the Road Safety Officer Action Plan

Attendance at City of Orange Traffic Committee and Cabonne Shire Traffic Committee meetings. Presented two PCYC Traffic Offenders Intervention programs. Liaised with App developer re the planned drives for Orange and Cabonne leaners drivers' App. Collated Free Cuppa for the Driver results and surveys from participating businesses. Continued the support of the Free Cuppa for the Driver FaceBook page. Maintained social media through the Orange and Cabonne Road Safety page. Provided crash data analysis to Orange and Cabonne councils.

7.2.2

Review, maintain and renew CCTV in public places as required

CCTV system operating in compliance with Orange CBD CCTV Memorandum of Understanding between Orange City Council and the Canobolas Local Area Command

CCTV system maintained and operating as specified in the MOU for its operation.

7.2.3

Manage Companion Animals

Facilitate bi-monthly meetings of the Companion Animals Community Committee

60 Dogs were desexed, microchipped and registered under a special program subsidised by Council and the Office of Local Government's Responsible Pet Ownership Fund. This is additional to ongoing desexing programs Council conducted throughout the year.

Companion Animals Community Committee met during the quarter.

Impounding service provided

Review of Companion Animals Management Plan annually in August


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services, that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.1

Implement the Central West Libraries Strategic Plan

Actions implemented in accordance with the Strategic Plan

Item deferred for next meeting of the Central West Libraries Committee on 29 October 2015 due to time constraints.

8.1.2

Implement the Strategic Plan for the Orange Civic Theatre and Orange Function Centre

Actions implemented in accordance with the Strategic Plan

Document complete and implementation commenced.

8.1.3

Implement the Strategic Plan for the Orange Regional Gallery

Actions implemented in accordance with the Strategic Plan

Exhibition and program initiatives for the Gallery continue to be implemented. The Exhibitions Advisory Group met in June to consider exhibition proposals for possible inclusion in the upcoming schedule of exhibitions. A new content management system 'Vernon' has been adopted to manage the Gallery's collection of approximately 1500 artworks, and the first professional review and valuation of the collection is nearing completion.

8.1.4

Progress the development of the Orange Regional Museum

Construction of the Orange Regional Museum by December 2015

Development of Orange Regional Museum and programs progressing.

Continue to explore funding sources


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services, that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.5

Deliver annual performing arts program

Assist local schools and the Orange Eisteddfod Society to present well managed programs annually

The 2015 subscription season comprises of 21 productions which has a varied selection of genres and artistic disciplines including drama, vocal and instrumental, modern and classical dance, comedy, locally produced productions, Australian themes, indigenous, literary and curriculum (children’s) based works. 

Develop a subscription season with no less than 15 productions by December annually

Ensure no less than three dedicated children's productions are programmed by December annually

Through the "Road Works" consortium, present two works which provide audience engagement opportunities

8.1.6

Deliver the Orange Regional Gallery program

Mount 25 exhibitions at the Gallery annually

The Gallery installed 5 exhibitions during this quarter, 4 of these were accompanied by official openings. Programs included: 3 artist floor talks, 1 curator talk and 1 workshop for adults; 2 artist talks for secondary students and 2 workshops for children.

Conduct a range of public programs including floor talks, art tours, workshops, children's art classes, special events and lectures


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.2 - Seek innovative and creative solutions in partnerships with key stakeholders that convert the demonstrated community need for cultural services/facilities to infrastructure and activities.

Ref

Task

Performance Indicator

Status

Progress Report

8.2.1

Deliver the Orange Library Service

Deliver on-line programs (e-smart libraries, Tech Savvy Seniors) in accordance with funding agreements

Conditions of Joint Agreement and other strategic documents met.
Programs delivered across key service points.
Calendar for 2015 developed.
Collections made accessible through indexing and on-line media.
Planning to implement 10 Minutes a Day early childhood literacy program continued with launch set for September 2015
Planning for refurbishment progressing

Deliver the Library Service in accordance with the Central West Libraries Strategic Plan and Central West Libraries Joint Agreement

Provide a calendar of events and activities by February

Provide early childhood literacy programs that meet National Public Library Standards and Guidelines

Provide heritage collections and services (Local Studies, Family History)

Refurbish the Library to "People Places" Guidelines by December 2015

8.2.2

Make the Library's heritage collections available on-line

Digitise oral history stories (from cassettes) by December 2014

All oral history stories now digitised.

8.2.3

Link visual arts with other organisations via partnerships and other innovative shared events

Explore further funding sources from environmental organisations and other partnerships by December 2014

The Gallery partnered with the Friends of Orange Regional Gallery to present a talk by Tess Baldessin in association with the exhibition 'Creative Power: the art of George Baldessin'; and with Orange Regional Conservatorium to present a performance by internationally acclaimed pianist Avan Yu at the Gallery.

Mount at least four events with Friends of the Gallery annually

Partner with the Orange Arts Festival 2015 and include local schools

8.2.4

Partner with the Orange Health Service (OHS) in providing innovative events

Conduct art in health program

A substantial changeover of artworks occurred and the installation of the Gallery's first 'sequel' exhibition was completed (a smaller version of the 'Milk & Honey' exhibition displayed at the Gallery April - May 2015).

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.3 - Ensure the precincts, buildings, programs and activities provided by the Council’s Cultural Services are professionally managed

Ref

Task

Performance Indicator

Status

Progress Report

8.3.1

Provide for the management and operation of Central West Libraries on behalf of the Member Councils

Requirements of the Library Act 1939 and the Central West Libraries Joint Agreement are met

Requirements of the Library Act 1939 and the Central West Libraries Joint Agreement were met during the quarter.

8.3.2

Continue to support the Orange and District Historical Society to document and evaluate their collection

Rationalisation of storage finalised by December 2014

The Orange and District Historical Society has been implementing a large program to deaccession and document the collection over the past 2 years.

8.3.3

Implement programs and manage Council's heritage assets through community leadership

Complete audit of all Council-owned heritage buildings by December 2014

The Heritage Strategy is developed and implemented annually as per the conditions of the Heritage Branch funding. The Local Heritage Assistance Fund attracted 8 submissions. The Heritage Adviser continues to engage with the community with 52 heritage visits requiring heritage advice.

Implementation of Heritage Strategic Plan

Interpretative signs program developed by June 2015

8.3.4

Implement the Spring Hill Masterplan and the Lucknow Masterplan

Implement actions in accordance with each Masterplan

Outcomes from the Spring Hill Master Plan have been implemented with the installation of a BBQ in Spring Hill Park.  At scoping study and master plan has been developed for Lucknow.

8.3.5

Continue to implement Regional Sustainable Collections Projects

Program of strategies developed in partnership with regional museums, cultural groups and Council's cultural facilities

The documentation of the Orange Health Service continues with a dedicated group of volunteers meeting on Mondays. Over 1000 items have been catalogued.

The Emmaville Exhibition has been recently installed and tells the story of the Narrambla Estate, construction techniques for prefabricated cottages, the simple life and the Farrell family at Emmaville.

The Sustainable Collections Project continues to work with the Regional Museums, regular meetings are held every 2 months, training on E-Hive  - a collection management system was held with 10 museums attending.  The Villages of the Heart program continues with a museum open day held throughout the region on 8-9 May 2015.

8.3.6

Manage the Orange Regional Museum

Ensure the Museum meets Museum Australia National Standards

A consultant was engaged to develop a concept plan for the Orange Regional Museum. The concept document includes special allocation of front of house and the Visitor Information Centre, themed exhibitions spaces and the back of house.


 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.4 - Acknowledge our diverse cultural heritage by encouraging and implementing programs and events that tell the stories of the urban, village and rural communities and their people

Ref

Task

Performance Indicator

Status

Progress Report

8.4.1

Deliver a program to commemorate the Centenary of World War I 2014-2018

Facilitate bi-monthly Working Party meetings

Bi-monthly working party meetings held. Items added to blog and linked social media daily. Regular media stories

Publish Centenary of World War I in Orange blog from July 2014

8.4.2

Support heritage conservation in the City

Implementation of the 2014/2017 Heritage Strategic Plan in relation to urban design management

Heritage Adviser attends 1 day per month. Nineteen requests for pre-lodgement development application advice was undertaken with 5-6 consultations held each visit.

NSW Heritage branch three year funding agreement obligations met

8.4.3

Deliver a range of programs to promote cultural diversity

Continue the development of the Wentworth Mine Site to 2019

Emmaville Cottage exhibition was completed in June 2015, with 5 interpretation panels installed. 

Wentworth Mine has continued to be developed with stabilisation of the poppet head undertaken to allow visitors to view the shaft, the blacksmith operates each open day.  A film maker has been engaged to assist students to film stories of the villages of the region.  A historian has been engaged to develop a Chinese thematic History of the Region.  NTSCORP have been engaged to undertake an Aboriginal Study in Cabonne and Blayney Councils, to incorporate the Orange Aboriginal Heritage Study undertaken in 2012.

Deliver a program to interpret the Aboriginal history of the Orange region by June 2015

Deliver the "Villages of the Heart" project by June 2016

Develop a thematic history of the Chinese to Orange and district by June 2016

Develop the Emmaville Cottage by June 2016


 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.1 - Undertake community engagement, identify changing community aspirations, undertake planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with  a disability.

Ref

Task

Performance Indicator

Status

Progress Report

9.1.1

Evaluate existing, plan new and determine funding and operational needs for programs for young people

Implement programs as identified by the Youth Forum by June 2015

Family and Community Services have approved the provision of $10,000 to conduct a winter Merge program for targeted young people. The Department of Prime Minister and Cabinet has approved funding for the Designing Futures program commencing 1 January 2016. This is an Aboriginal specific program for targeted young people including after school activities, linking young people with mainstream services and providing positive engagement through recreation and cultural activities. April 2015 program was delivered to 58 targeted young people.

9.1.2

Prepare for the implementation of "consumer directed service delivery"

Consult with key stakeholders to determine impacts by June 2015

Third Party Verification process complete and accreditation achieved for provision of services under the NDIS. Aboriginal Engagement Officer recruited to support the access of Aboriginal older people to the service sector and to support the implementation of the Aboriginal Social Development Plan.
Council's Community Services is conducting an Ask Orange exercise to gather narrative and provide information for analysis of local need and support the development of strategies to comply with the requirements of Council's integrated planning process.

Continue to provide a high quality, sustainable service that meets the needs of the client group

Identify service delivery changes required by June 2015


 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.1 - Undertake community engagement, identify changing community aspirations, undertake planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with  a disability.

Ref

Task

Performance Indicator

Status

Progress Report

9.1.3

Provide support to Home and Community Care Services in the Central West

Compliance with HACC Development Officer Plan

In preparation for transition to new funding arrangements: disseminated information, draft documents and fact sheets across the region through emails, at site visits, responding to individual queries and giving presentations to forums, staff and Board meetings.

Co-ordinated 3 workshops by external training providers, facilitated strategic planning and HACC orientation.

All activities in line with HACC Development Officer and Aboriginal HACC Development Officer work plans.

Meetings of interagencies attended

Prepare for transition to new funding arrangements in July 2015 through training and strategic planning


 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.1 - Undertake community engagement, identify changing community aspirations, undertake planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with  a disability.

Ref

Task

Performance Indicator

Status

Progress Report

9.1.4

Liaise with the Community Working Party to determine culturally appropriate responses to the needs of the Aboriginal community

Development and implementation of programs as identified as Council priorities by the OCAWP

Council continues to liaise with the Orange Aboriginal Community Working Party concerning the implementation of the strategies of the Social Development Plan.
The Aboriginal Engagement Officer works with key stakeholders to support the implementation of strategies.

Liaison with relevant community bodies

9.1.5

Engage with the local culturally and linguistically diverse community to identify needs and opportunities

Funding opportunities identified and sourced by December 2014

Information sessions conducted on Employment Law (by Legal Aid) and a facilitated visit by migration agent to Forbes and Orange.

New contacts made with migrants and refugees in Orange.

Community education for Refugee Week offered through a photographic exhibition in partnership with Orange Social Justice Group. Conducted social event including November Shorn bush band and guest speakers from Sudan and South Sudan, approximately 100 participants. A drama and puppetry workshop featuring Horizon Theatre was offered to approximately 30 young people from the Aboriginal and Sudanese communities, some of whom participated in a brief interpretive drama presentation in the afternoon.

ClubGrants funding has been approved - $2,000 for Adult Learn to Swim program; $1,000 for Information Workshops; $2,000 for Harmony Day Soccer (2016).

Implement programs in accordance with funding provided by the Community Relations Commission and Department of Social Services


 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.1 - Undertake community engagement, identify changing community aspirations, undertake planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with  a disability.

Ref

Task

Performance Indicator

Status

Progress Report

9.1.6

In line with Council's Statement of Commitment to the Aboriginal Community, work with the Community Working Party to achieve the outcomes of the Orange Aboriginal Social Plan

Support the implementation of the Orange Aboriginal Social Plan by June 2015

The Aboriginal Engagement Officer was been appointed and her responsibilities include to work with the Community Working Party to support the implementation of identified strategies of the Orange Aboriginal Social Plan.
Council has been successful in attracting funding under the Aboriginal Advancement Strategy for the Supported Playgroup and the Designing Futures programs.


 

 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.2 - Ensure the precincts, buildings, programs and activities provided by Council’s children’s services are professionally managed

Ref

Task

Performance Indicator

Status

Progress Report

9.2.1

Deliver quality children's services

Services comply with National Standards and achieve successful assessment in accordance with the National Quality Framework

Utilisation rates for the quarter were:

·      Courallie Park Children's Development Centre - 95.85%

·      Spring Street Children's Centre - 68.5%

·      Yarrawong Children's Centre - 83.72%

All services that are required to meet the National Quality Standards have been successfully assessed and rated against the Standards. All services regularly review and implement a Quality Improvement Plan to ensure continuous improvement and as part of working towards their next assessment.

Utilisation rates of Council's Children's Services


 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.3 - Ensure the precincts, buildings, programs and activities provided by the Council’s ageing and disability services are professionally managed, integrated and meet demonstrated needs.

Ref

Task

Performance Indicator

Status

Progress Report

9.3.1

Utilise available government funding to support the delivery of accessible and affordable services for older people and people with a disability

Funding options identified and grant applications submitted

All reporting submitted within timeframe and acknowledged by the funding bodies as appropriate.
In the reporting period 4,028 hours of social support were delivered to 115 clients; 320 hours of home maintenance to 40 clients; 1,070 transport trips to 67 clients; and 5,175 meals provided to 176 clients.

Relevant reporting requirements met

9.3.2

Provide supported accommodation services to adults with an intellectual disability

Compliance with Ageing, Disability and Home Care funding agreement

Council provided supported accommodation to eleven residents across three homes within Residential Services. Services are provided in line with NSW Disability Service Standards and NSW Disability Inclusion Act 2014.

In May 2015 the service achieved third party verification against the NSW Disability Service Standards in preparation for the introduction of the NDIS. A new funding agreement has now been approved for 1 July 2015 to 30 June 2018.

Compliance with NSW Disability Service Standards, NSW Services Act 1993 and the Children and Young Persons (Care and Protection) Act 1998

Number of residents supported


 

OUR ECONOMY

Objective 10 - Build on the economy, lifestyle and character of Orange to position the City as a destination of choice

Strategy 10.1 - Capitalise on the character and lifestyle of Orange to enhance tourism

Ref

Task

Performance Indicator

Status

Progress Report

10.1.1

Develop Branding Strategy for Orange

Implement and monitor branding strategy

New tourism branding strategy developed for Orange Region with support of Cabonne and Blayney Councils. New brand has been applied to regional guides for both city and villages, events, promotion and marketing, website, mobile website and mobile App.

10.1.2

Deliver Visitor Information Services

Planning of new facility undertaken

Visitor Information services have continued via temporary premises in Orange Regional Art Gallery.  The distribution network has expanded to include surrounding villages of Blayney and Cabonne Councils, business operators, transport services and other outlets with over 100 operators included in familiarisation program. In addition online and digital outreach service has seen an increase in engagement with website sessions up from 6,500 for July 2014 to 13,000 in April 2015.

Visit Orange facebook likes over 2,700, Orange is Open facebook likes over 3,100.
Construction of new Visitor Information Centre is continuing.

Relocation to temporary service pending finalisation of the Museum

10.1.3

Implement the Orange Tourism Strategy

Actions from the Orange Tourism Strategy delivered in accordance with the Strategy

Delivery of Tourism Strategy continues with development of operational plan for new Museum/Visitor Information/Café to provide Regional Showcase Centre, Mobile App completed, draft master plan for Botanic Garden precinct includes conference facilities and accommodation.


 

Objective 10 - Build on the economy, lifestyle and character of Orange to position the City as a destination of choice

Strategy 10.2 - Facilitate and support the attraction and development of events, festivals, venues and activities for residents and visitors, ensuring access and participation for older people.

Ref

Task

Performance Indicator

Status

Progress Report

10.2.1

Provide a range of quality accommodation and services and maintenance of all infrastructure to the Colour City Caravan Park

Implement of Capital Works Program including upgrading the cottage and cabins by June 2015

Refurbishment of 4 standard cabins completed.  

The three star rating was maintained during the quarter.

·      Occupancy rates were:

·      Cabin/cottage average – 69%

·      Cottage only (2 night min) - 43%

·      Powered van sites - 55%

·      Camping - 25%

Maintain current three star rating

Occupancy Rate

10.2.2

Include in planning processes the assessment of long term cultural infrastructure projects

Long term strategic plan for cultural infrastructure complete by June 2015

Assessment of long term Cultural facilities has been completed with future need identified.
Includes plans for current and future refurbishment and expansion of Orange Regional gallery, future need of Civic theatre, refurbishment and programs for Orange City Library and development of the Museum programs and facilities.


 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.1 - Encourage the growth of local business, support emerging industry sectors and attract new investment to Orange

Ref

Task

Performance Indicator

Status

Progress Report

11.1.1

Explore avenues to assist business development in the City in conjunction with the Orange Business Chamber

Number of businesses provided with support in each quarter

Working with Chamber of Commerce to develop a Shop Local campaign. 41 businesses were provided with support over the quarter.

11.1.2

Develop, maintain and provide information resources appropriate for business development and/or relocation, including web-based and mobile application platforms

Number of businesses listed on Council's on-line Business Directory

Work commenced to make Orange Business website mobile responsive. There are 353 businesses listed in Council’s on-line business directory.


 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.2 - Foster partnerships and encourage development across a range of industry clusters.

Ref

Task

Performance Indicator

Status

Progress Report

11.2.1

Participate in the Evocities Program

Attendance at quarterly Strategy Meetings

The program has been operating for 4 years, having launched in September 2010. Key outcomes include:

• 267,957 visits to Evocities.com.au

• Over 1.07 million visits to Evojobs.com.au

• Over 16,000 jobs promoted

• 2,533 enquires lodged

• 2,208 media placements reaching a potential audience of more than 51 million people across both traditional and online media.

Since launching in September 2010, the Evocities have collectively welcomed 1,832 new households (as at end September 2014).

Orange City undertakes surveys of new arrivals to Orange. Just under 8% of people relocating get in touch with Council. The Evocities brand was recalled by at least 30% of the people who were in touch with Council.

Council has re-signed for one year of Evocities agreement with further assessment of results before consideration is given to additional years

Provision of information to relocatees

11.2.2

Advocate for critical infrastructure and services using regional relationships

Actions from advocacy relationships with CENTROC, RDA – Central West, State and Federal governments to further the establishment of regional infrastructure and services

Continued involvement supporting the Centroc pilot as a joint organisation within the NSW Government's Fit for the Future reform process. After considering options,  Council submitted a response to the NSW Government recommendation for a merger with Cabonne and Blayney Councils as part of the Fit for the Future reform process with a preferred position  to stand alone albeit offering to be cooperative should the State determine a merger be determined at the conclusion of their consideration of submissions in October 2015. Launched the Grow Local and Shop Local campaigns which are part of Council's Jobs creation Strategy.  Grow Local campaign is jointly funded by NSW Trade and Investment and Council to provide up to $60,000 to businesses seeking to grown jobs locally.

11.2.3

In collaboration with the Health industry, work to create maximum service, employment and lifestyle opportunities whilst minimising negative impacts on the city, eg housing

Maintain membership in CENTROC health committee

Council works with Health to maximise opportunities for provision of health services through Council's Health Committee and Centroc Health Committee and successful advocacy for Centre for Rural and Remote Mental Health to retain service in Central West.

11.2.4

Facilitate industry cluster engagement with Council

Six monthly meetings held in November and May annually with: Education Cluster Group; Tourism Cluster Group; Manufacturing/Engineering Cluster Group; Mining Cluster Group; Health Cluster Group; Agribusiness Cluster Group

Some members of the cluster groups have joined the newly created Economic Development Community Committee.  Cluster groups will continue to be used to provide specific industry feedback from the key sectors of the economy to assist with future strategic planning in the Delivery/Operational Plan for 2016/17.


 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.3 - Encourage training and skills development for a diverse and sustainable labour market

Ref

Task

Performance Indicator

Status

Progress Report

11.3.1

Work with industry, business and training organisations to identify current or developing skills shortages and implement strategies to address them

Develop programs to assist business sectors management of skills shortages

The biggest skill shortage evident in industry at the moment relates to use of digital technology, media and communications. A workshop with Google was held to start the process of bringing the industry skills up to standard prior to the roll-out of the NBN.

227 jobs were added to the Evocities site in the quarter.

Number of jobs on Evocities jobs site from local businesses

Skills shortage issues identified as a component of cluster group consultation on a six monthly basis


 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.4 - Ensure the commercial facilities, programs and activities provided by Council enhance the economic base of the City and are effectively and efficiently managed

Ref

Task

Performance Indicator

Status

Progress Report

11.4.1

Maintain accurate and up-to-date register of all Council properties

Register maintained and reviewed twice yearly in December and June

A review of all leased properties has been finalised and details noted in Council's land register. All Council properties are identified on the land register, which is updated on a regular basis.

11.4.2

Ensure Airport meets all requirements of Civil Aviation Safety Authority (CASA)

Arrange for annual technical inspections

The annual technical inspections and Obstacle Limitation Surface survey have been successfully completed. The expansion works have now been completed.

11.4.3

Work with CENTROC to develop and implement an effective regional water security plan

Attendance at meetings of the CENTROC Water Utilities Alliance to review the Regional Water Security Study

Restart NSW Water Security for Regions Program:
$21.2m funding granted for Orange to Blayney and Carcoar Pipeline Project
$16.7m funding granted for Orange to Molong Dam and then Molong to Cumnock and Yeoval Project
Further work required on Regional Water Security Strategy
Attended bi-monthly Centroc Water Utilities Alliance Meetings

11.4.4

Manage the issues arising from telecommunications opportunities

Report on key milestones established as part of the review of the Regional Water Security Study

Council has been working with NBN Co to where possible assist with the scoping works prior to the rollout, scheduled to commence in 2016.

Infrastructure inspections are proceeding ahead of the roll-out.

NBN fixed service is now available in two suburbs and work has commenced on several fixed wireless towers.

Monitor Federal Government program in ICT technology provision

Seek advocacy opportunities to progress the NBN rollout


 

OUR ENVIRONMENT

Objective 12 - Manage the appropriate and sensitive use of the City’s natural resource assets and heritage

Strategy 12.1 - Ensure the Plans of Management for the City’s natural resource assets are current and reviewed

Ref

Task

Performance Indicator

Status

Progress Report

12.1.1

Monitor and implement awareness events and campaigns for noxious and environmental weeds

Undertake 400 annual private property inspections to ensure noxious weeds are managed in accordance with legislative requirements

Over the quarter a total of 175 inspections were undertaken with 39 private properties inspected, 23 high risk path ways and 41 inspections carried out on Council managed lands. Another 72 roadside inspections were also undertaken. Two Facebook entries also targeted blackberry and cacti species.


 

Objective 12 - Manage the appropriate and sensitive use of the City’s natural resource assets and heritage

Strategy 12.2 - Recognise the importance of heritage within the City by ensuring the currency of policies and procedures and seek compliance with regulations

Ref

Task

Performance Indicator

Status

Progress Report

12.2.1

Implement the Orange Heritage Study

Development within heritage conservation areas and of heritage items carried out in accordance with the Orange LEP 2011 and Development Control Plan 2004

 

Conservation areas are identified in the Orange Heritage Study.

Heritage areas and items identified in the Orange Heritage Study included in the Orange Local Environmental Plan 2011

12.2.2

Provide a Heritage Advisory Service to achieve urban design improvements

Number of heritage advisory services delivered

A total of 65 services have been delivered by the Heritage Advisor to the community.

12.2.3

Encourage development that follows sound urban design principles

Adoption of the Infill Policy for incorporation into the Development Control Plan by June 2015

Applications are assessed against Development Control Plan provisions.
Infill policy to be incorporated into the DCP which is currently under preparation.
A total of 7 urban design advisory services were provided during the period.

Ensure compliance with the Development Control Plan

Number of urban design advisory services delivered

12.2.4

Maintain the Orange Cemetery

Allocation of allotments for burial within 24 hours of receipt of Application for Burial

The Cemetery has continued to be maintained at a high standard.

Records of burials have been maintained in accordance with requirements.

New legislation which commenced last year continue to be monitored for impacts on operations at the Cemetery.  Impacts of the legislation at this stage, beyond registration and annual reporting remain generally with metropolitan cemeteries.

Cemetery maintained in a neat and tidy condition

Records kept in accordance with legislative requirements


 

Objective 13 – Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.1 - Identify changing community aspirations and undertake community engagement to inform planning and advocacy of plans and polices for traffic, transport and communications infrastructure

Ref

Task

Performance Indicator

Status

Progress Report

13.1.1

Implementation of the North Orange Precinct Plan

Actions implemented in accordance with the Plan

Positive discussions held with a number of parties to progress this matter. Detailed design and costing underway on options to inform the ongoing processes.


 

Objective 13 – Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.2 - Identify changing community aspirations and undertake community engagement to inform planning and advocacy of plans and policies for integrated water management and energy utilities

Ref

Task

Performance Indicator

Status

Progress Report

13.2.1

Conduct four yearly reviews of Council’s Water and Sewer Strategic Business Plan (including financial plan) that include level of service determination

Conduct four yearly reviews of Council's Water and Sewer Strategic Business Plan (including financial plan) that include level of service determination

Financial modelling complete.

Preliminary internal review of Business Plan Financial Model to build internal capacity by September 2014

Water and Sewer Strategic Business Plan mid-term review in accordance with State Government best practice criteria by June 2018

13.2.2

Conduct six yearly reviews of Council’s Integrated Water Cycle Management Evaluation Study that includes community aspirations concerning water security

Conduct next bi-annual community survey by June 2016

IWCM Evaluation Study and Financial Plan (including Water Conservation) completed.

Integrated Water Cycle Management Evaluation Study mid-term review in accordance with State Government best practice criteria by June 2018

13.2.3

Conduct four yearly review of Water Demand and Conservation Management Plan

Implement water conservation strategies during 2014/2015 Summer period

Water Conservation Measures to be included in new Integrated Water Cycle Management Strategy to be undertaken in 2015/16

Water conservation strategies (eg education programs) reviewed and incorporated into the mid-term review of the Water Demand and Conservation Management Plan by June 2018


 

Objective 13 – Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.3 - Identify changing community aspirations and undertake community engagement to inform planning and advocacy of plans and policies for waste management and resource recovery

Ref

Task

Performance Indicator

Status

Progress Report

13.3.1

Deliver waste and recycling services

Education Strategy implemented in accordance with the Netwaste Plan

Contractor performing to Waste, Recycling and Organics key performance requirements within the respective contracts. Education strategies implemented. Waste bin audit report finalised in April 2015.
Council resolved in May 2015 to engage with the community to undertake a voluntary trial of fortnightly waste collection servicing and report results to Council in February 2016.

Quarterly meetings convened with contractor to review contract key performance indicators

13.3.2

Promote food and garden waste collection service

Quarterly meetings convened with contractor to review contract key performance indicators

Contractor performing to contract conditions and meeting key performance indicators. Sub-contracted education contractor providing Council with monthly updated reports on the performance of the education strategy which has an allocation of $50000 per annum to go toward educational initiatives. Public place displays with surveys and gift hampers promoted during the quarter. Website updated regularly.

13.3.3

Participate in the Tidy Towns Program

Participate in Clean Up Australia activities

The awards judging criteria has been altered for 2015. Council submitted 7 Expressions of Interest for the various categories for the 2015 Blue Star Sustainability Awards and were successful in being invited to prepare and submit 5 comprehensive submissions. Submissions were finalised in June, with assessment in August.

Participate in the Tidy Towns competition by coordinating and compiling the annual Tidy Towns Sustainable Communities Award submissions

Raise awareness of Tidy Towns through four local media events and engaging with local schools


 

Objective 13 – Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.4 - Monitor and enforce regulations relating to city amenity

Ref

Task

Performance Indicator

Status

Progress Report

13.4.1

Conduct Retail Food Premises inspections

All complaints of unclean or unhealthy retail food premises investigated and action taken if required

All inspections were carried out as required.

Annual Retail Food Premises Compliance Reporting prepared and submitted to the NSW Food Authority by August annually

Inspection of all retail food premises completed

13.4.2

Manage pollution complaints

All pollution complaints investigated and action taken if required

All pollution complaints were investigated and appropriate action taken within the last quarter.

13.4.3

Provide a timely, efficient and effective development assessment and compliance service

Number of development applications processed in median net processing time of 35 days

During the relevant period out of a total of 445 development applications determined by Council 357 or 80% were determined within the target period of 35 days.

13.4.4

Provide prompt property and development information

Information provided within the Customer Response Obligation Policy

Council issued 1265 section 149 Planning Certificates during the period in question, which were issued within the median target time of three working days.


 

Objective 14 – Foster ideas and opportunities and encourage innovative solutions for the delivery of infrastructure

Strategy 14.1 - Design and construct new infrastructure assets as specified within the relevant Asset Management Plan to agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

14.1.1

Continue the development of the Southern Feeder Road

Further grant funding opportunities explored and submissions made

Works on Stage 1 of the Southern Feeder Road between Huntley Road and Anson Street were undertaken during the quarter. This work included pavement sealing and asphalt surfacing, formation of traffic islands and installation of infrastructure for street lights and traffic signals.

Stage 1 - Anson Street to Forest Road, complete by March 2015

Tenders for construction let by August 2014

14.1.2

Continue the development of the Macquarie to Orange Pipeline

Commission complete by December 2014

All works associated with the construction of the project have been completed. The Macquarie to Orange Pipeline was officially opened on 2 July 2015.

14.1.3

Continue the Suma Park Dam upgrade works

Construction undertaken on time and on budget, in accordance with the Project Plan by June 2015

Main Concrete Arch Dam
All pre-cast concrete parapet panels have been manufactured with most delivered to site. All panels have been installed and grouted on the left and right abutments
Post tensioned rock anchors have been drilled and installed at the left abutment. Concrete works are underway to blend the parapet walls in with the existing ground at the left and right abutment. The reinforced concrete anchored toe block has been constructed in the stilling basin at the base of the dam.
Auxiliary Spillway
Final designs of the alternate auxiliary spillway Fusegate system have been received and are being reviewed. The discovery of Naturally Occurring Asbestos (NOA) has led to some delays in the project programme and additional costs in the required WHS control measures. To date costs associated with the NOA are within the project contingency funds.

14.1.4

Develop and implement southern suburb water and sewer infrastructure strategy

Design complete by June 2015

Design complete. Development of tenders for various aspects being undertaken.

 

Objective 14 – Foster ideas and opportunities and encourage innovative solutions for the delivery of infrastructure

Strategy 14.1 - Design and construct new infrastructure assets as specified within the relevant Asset Management Plan to agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

14.1.5

Develop and implement Leeds Parade water supply infrastructure strategy

Design complete by June 2015

Leeds Parade Infrastructure requirements not needed in the short term. Project rescheduled according to Water and Sewer Infrastructure Strategy.

14.1.6

Deliver water mains renewal program

Renewal program delivered by June 2015

Water mains renewal program delivered.

14.1.7

Deliver sewer mains relining program

Relining program delivered by June 2015

Sewer mains relining program delivered.

14.1.8

Develop and implement Ploughmans Valley sewer servicing infrastructure strategy

Design complete by June 2015

Dean Drive Sewer Pump Station (SPS) components, manholes and pipework are in place and compaction is finished. The concrete slab around the SPS driveway is complete. The project has recently been audited as part of Council's Federal Accreditation requirements and AS4801 requirements. Remaining work includes vent construction, pump installation, electrical work, construction of the shelter over the switchboard cabinet and site reinstatement/groundwork.
Construction of the rising main is yet to be commenced.

14.1.9

Upgrade of the Dissolved Air Flotation system at the Sewer Treatment Plant

Upgrade works complete by June 2015

All electrical work and the pipework installation is complete. Council is now in the commissioning phase putting sludge through the unit and fine tuning air and sludge flows. Council is yet to construct the roof over the pumps.
Council is now looking at upgrading the instrument air compressors at the plant as the existing ones are struggling to keep up with the extra air demand being put on the system by the Dissolved Air Flotation (DAF).

 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.1 - Maintain and renew traffic and transport infrastructure assets and services as specified within the Asset Management Plan at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.1.1

Deliver works program for road rehabilitation and re-seals as identified in the Transport Asset Management Plan

Monthly reports to Council on works program progress

Works program delivered with the exception of final sealing of Huntley Road at the Bloomfield Road intersection that was tied to the Huntley/Hospital intersection project. This seal will be carried out in 15/16.

Works delivered on time and on budget

15.1.2

Construct ongoing stated widening and lining of the East Orange Drainage Channel

Stage 2 complete by March 2015

Untimely rain events have delayed the project. As at 30 June only a 30m section of the base remains to be poured.

15.1.3

Deliver footpath and cycleway construction program as identified in the Transport Asset Management Plan

Monthly reports to Council on works program progress

All shared path works completed in
- Glenroi Avenue
- Moulder Park
- International Gardens
A new path was constructed on Icely Road from James Sheehan Drive to Park Street
Work on a path on the Molong Road between Burrendong Way and Monett Place did not proceed due primarily to adverse weather conditions impacting resource allocation.

Works delivered on time and on budget

15.1.4

Maintain Council's fleet of plant and equipment to ensure availability

Ensure 95% availability of Council plant at all times

Maintained Council's fleet of plant and equipment above the 95% target level through out the year.

15.1.5

Provide and manage public car parking in the Orange Central Business District which supports the business function and meets the needs of the community

Implement Parking Study deliverables

Parking Study completed and scheduled to be submitted for the consideration of Council in 2015.
Parking patrols carried out in accordance with established schedules.


 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.2 - Operate, maintain, renew and upgrade water, sewer and stormwater infrastructure assets and services as specified within the Asset Management Plans at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.2.1

Provide drinking and re-use water quality in accordance with statutory obligations and best practice

Conduct annual monitoring and reporting for water and sewage quality to the State Government in accordance with regulatory requirements by September annually

Drinking and re-use water was provided to customers in accordance with quality standards, including monitoring and reporting. The Drinking Water Management System is being implemented and the review of treated effluent re-use quality requirements has progressed through completion of verification monitoring at the Orange Sewage Treatment Plant.

15.2.2

Conduct routine operation and maintenance of water and sewerage infrastructure in accordance with statutory requirements and levels of service identified in Water Asset Management Plan and Sewer Asset Management Plan

Conduct annual monitoring and reporting according to the State Government  requirements for inclusion in NSW Water Supply and Sewerage Performance Monitoring Report by September annually

Operation and Maintenance of water and sewerage infrastructure undertaken in accordance with statutory requirements and Levels of Service identified in Water Asset management Plan and Sewer Asset Management Plan.

Report to Council on results in February 2015


 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.3 - Maintain and renew waste recovery infrastructure assets and services as specified within the Asset Management Plan at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.3.1

Manage Ophir Road and Euchareena Road Resource Recovery Centres in accordance with Landfill Environmental Management Plans and Licenses

All Landfill Emergency Management Plans and License conditions complied with

Both Ophir Road and Euchareena Road Resource Recovery Centres operating in accordance with Landfill Environmental Management Plans and Licences. Independent Environmental Audit conducted during the last quarter of 2014 and final report issued to the Department of Planning & Environment for their review and endorsement as a requirement of a condition of consent for the Orange Waste Project by the end of the first quarter of 2015. EPA reviewed ORRRC Groundwater investigation report and determined additional parameters to be monitored with the associated amendment of the ORRRC licence.
Operational environmental Management Plans and Standard Operating Procedures reviewed in the quarter for endorsement by the EPA.

Reporting to the Office of Environment and Heritage and Environmental Protection Authority undertaken

 


Council Meeting                                                                                           18 August 2015

 

 

5.5     Development Recap 2015

TRIM REFERENCE:        2015/1858

AUTHOR:                       David Waddell, Director Development Services    

 

 

EXECUTIVE Summary

Council is provided with the development statistics for the year 2014/15 which shows an active economy in Orange. In total the development approved was in the order of $188,159,000 in the City. Rezonings created over 1,800 housing lots.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “11.1 Our Economy – Encourage the growth of local business, support emerging industry sectors and attract new investment to Orange”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the report on Development Services 2014/15 recap 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 following statistics are provided to inform Councillors of one aspect of economic activity for the Orange Local Government Area.

Development Approvals

The total number of Construction Certificates approved was 376.

The total number of Occupation Certificates issued was 481.

The total number of Subdivision Certificates issued by Council was 65.

16 Complying Development Certificates were issued by Council staff to a value of $2,065,367 (mainly houses).

198 Complying Development Certificates were issued by Private certifiers to a value of $43,137,575 (mainly houses).

31 Development applications were approved by Councillors to a value of $77,801,100.

356 Development applications were approved by Council staff to a value of $58,155,686.

The JRPP approved a single development valued at $7,000,000.

In total the development approved was in the order of $188,159,000 in the City.

Strategic Planning

Council has also initiated the following strategic planning initiatives:

·        Lucknow Village Masterplan.

·        Amendment 3 Reclassification of two Council owned sites (Phillip Street and Lone Pine Ave) – gazetted (25 July 2014).

·        Amendment 5 Rezoning of Council land at Leeds Parade from recreation to industrial to permit the sale and development of the site – Gazetted (12 December 2014).

·        Amendment 7 Daydawn Place – investigated and designed masterplan for infill development - was terminated by resolution of Council.

·        Phillip Street DCP Masterplan – to guide infill subdivision and development of land bounded by Phillip Street, NDR and Ophir Road - adopted by Council.

·        Amendment 4 Shiralee – amending the LEP to be consistent with the adopted Masterplan. This will enable development over the next couple of decades of 1,765 new residential lots as well as a village centre.

·        Amendment 6 West Orange Motors (WOM)– to rezone several properties adjoining the existing WOM and catering for the continued operation and expansion of an existing business.

·        Amendment 8 Telopea Way (SCA Property) – to rezone remainder of 9 Telopea Way for potential expansion of North Orange shopping centre. Currently in abeyance at request of proponent while discussions are held with staff in terms of the scale of the proposal.

·        Amendment 9 Airport – to rezone lands surrounding the Orange Aerodrome to enable a mixed industrial/business park. Project anticipated providing a major source of employment lands in the short to medium term and a critical mass of economic activity to help ensure the airport remains viable into the future.  Staff will also look at the Village of Springhill.

·        Amendment 10 Leewood Drive – to rezone a small park in Leewood industrial estate and additional lot (subject to Council’s determination of a report to 18 August 2015 meeting).

·        Amendment 11 Newstead Bowling Club – a rezoning request has been received to provide additional infill housing opportunities and maintain the commercial functions of the clubhouse which is an important heritage item.

·        Amendment 12 Sports field on Northern Distributor Road – a rezoning proposal has been received of large block on Northern Distributor Road to facilitate a major sports field/stadium complex enabling Council and the community to host regionally significant sporting events/carnivals.

 

  


Council Meeting                                                                                           18 August 2015

 

 

5.6     Complaints Under Council's Code of Conduct

TRIM REFERENCE:        2015/1931

AUTHOR:                       Garry Styles, General Manager    

 

 

EXECUTIVE Summary

As resolved by Council on 21 July 2015, this report provides a summary of the nature of complaints under Council’s Code of Conduct, the outcome and costs of these complaints.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Our City - Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the report on Complaints under Council’s Code of Conduct 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

Council, at its meeting held on 21 July 2015, resolved:

4.1     RECENT CODE OF CONDUCT ARTICLE IN SYDNEY MORNING HERALD BY CR TAYLOR

TRIM Reference:        2015/1824

RESOLVED - 15/285                                                                            Cr G Taylor/Cr J Whitton

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

 

 

Section 440 of the Local Government Act 1993 requires Council to adopt the model Code of Conduct, as published by the Office of Local Government. Following a comprehensive review which included industry consultation, a new model Code of Conduct was introduced in March 2013.

The previous Code of Conduct required all reports of complaints to be dealt with in open Council, and Council was required to report on the nature of the complaint, and the outcome. This reporting did not include the cost of complaints, however a summary is provided in this report where this is able to be identified.

With the introduction of the new model Code, Council is required to report annually on the nature and outcome of complaints, as well as costs of investigating and managing complaints (including staff time).

The following is a summary of complaints against Councillors for the current term of Council. Costs include panel costs and staff time (Complaints Coordinator only).

 

Nature of Complaint

Outcome

Cost

Alleged failure to follow meeting procedure

Referred to Conduct Reviewer. Breach found and resolved the matter by alternate means (seeking explanation from Councillor). Finalised March 2014

$6,080

Alleged breach of key principles.

Referred to Conduct Review Panel. Panel found breaches and resolved the matter by counselling the Councillor. Finalised June 2014

$19,590

Alleged breach of key principles

Referred to Conduct Review Panel. Panel found breaches. Reported to Council in February 2015 and finalised in April 2015. The matter was resolved by public apologies.

$59,990

Alleged breaches by several Councillors and staff

A complaint containing 24 allegations referred to a Conduct Reviewer. Reviewer determined to take no action on all but one matter which has been resolved by the General Manager and which had been acted upon prior to complaint. Finalised July 2015

$26,460

 

 

  


Council Meeting                                                                                           18 August 2015

 

 

5.7     Training Opportunities for Councillors

TRIM REFERENCE:        2015/1967

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

Council, at its meeting held on 21 July 2015, resolved:

 

RESOLVED - 15/286                                                                              Cr K Duffy/Cr R Gander

That a report be provided on Councillor training opportunities available through Local Government Learning Solutions.

 

 

This report provides an update on training available through Local Government NSW to December 2015.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.4 Our City - Ensure a framework that Council’s policies, procedures and programs relate to the vision and directions of the Community Strategic Plan, including a disability action plan”.

Financial Implications

The Delivery/Operational Plan includes a provision for Councillor training and development.

Policy and Governance Implications

Nil

 

Recommendation

That the information on training opportunities for Councillors 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 are details of the Councillor Development Programs available through Local Government NSW for the period August to December 2015.

 

Attachments

1          Councillor Development Programs - August - December 2015, IC15/11253

 


Council Meeting                                                                                               18 August 2015

5.7                       Training Opportunities for Councillors

Attachment 1      Councillor Development Programs - August - December 2015


 


 


 


Council Meeting                                                                                           18 August 2015

 

 

5.8     Mission Australia

TRIM REFERENCE:        2015/1796

AUTHOR:                       Kathy Woolley, Director Corporate and Commercial Services    

 

 

EXECUTIVE Summary

Council has been advised that the Federal Government has awarded $14 million to Mission Australia to construct a purpose built, high quality aged-care facility for aged people in the Orange and Cabonne area. The facility, to be known as Benjamin Short Grove, will provide 24-hour residential aged care and support for up to 60 vulnerable men and women who are homeless, at risk of homelessness or are financially or socially disadvantaged.

This report identifies a role for Council to offer support for this project based on the jobs it will create.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “9.1 - Undertake community engagement, identify changing community aspirations, undertake planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with a disability.”

Financial Implications

A donation of $30,000 from the Jobs Creation Strategy budget is proposed.

Discussions with Mission Australia have also been held regrading options for deferral of developer contributions at an estimated cost of $120,000. At this stage, Mission Australia has determined it will not pursue a deferral of contributions.

Policy and Governance Implications

Nil

 

Recommendation

That Council place on public exhibition a donation to Mission Australia’s Benjamin Short Grove Aged Facility of $30,000 to be funded from the Jobs Creation 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 approved the development application for this project on 17 March 2015. 

The facility will provide 60 single bedrooms for persons who are homeless or at the risk of becoming homeless who require care. New jobs for seventeen (17) full time and thirteen (13) part time staff have been identified.

The Mayor and General Manager met with Mission Australia representatives in March 2015. A shortfall in funding for the project was identified along with a fundraising process Mission Australia was pursuing. The Mayor subsequently wrote to a number of local people who have provided lead roles in fundraising for other community projects, seeking assistance on ways Mission Australia could fund the short fall.

Councillors received a briefing on the Mission Australia project on 9 June 2015.

An update on the funding shortfall has been provided to Council and is attached.  Mission Australia is still seeking $640,000. The attached letter updates on the progress to raise the gap in funding.

Council’s Jobs Creation Strategy provides an opportunity to financially assist businesses creating new positions. The creation of 17 full time and 13 part time jobs is significant. Additionally, Mission Australia estimate 50 construction jobs over the ten month build plus a further 60 engaged for fit out over a 10 week period. 

The recommendation to assist Mission Australia with a $30,000 donation is based upon the significance of the development socially by offering support for homeless people plus the economic benefits that flow on from the creation of 30 jobs.

The only mechanism to offer financial assistance to another organisation is under s356 of the Local Government Act 1993 and it is recommended that the donation be advertised with a report to come back to Council with any submissions received attached.

 

Attachments

1          Letter to Mayor - Mission Australia - Benjamin Grove Project Funding Update, D15/23418

 


Council Meeting                                                                                               18 August 2015

5.8                       Mission Australia

Attachment 1      Letter to Mayor - Mission Australia - Benjamin Grove Project Funding Update


 


Council Meeting                                                                                           18 August 2015

 

 

5.9     Acquisition of Land for Road Construction - Lot 211 DP 1209495

TRIM REFERENCE:        2015/1441

AUTHOR:                       Shirley Hyde, Legal and Property Officer    

 

 

EXECUTIVE Summary

Development to the north of the City has increased traffic congestion requiring the construction of a connection road north of the North Orange Bypass. This report seeks Council’s consent to proceed with the acquisition of Crown Land for part of the connection road.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “15.1 Our Environment – Maintain and renew traffic and transport infrastructure assets and services as specified within the Asset Management Plan at agreed levels of service”.

Financial Implications

It is proposed that the cost to acquire this land will be funded via an internal loan. 

Under s410 of the Local Government Act, Council is required to obtain ministerial approval for internal loans.  The approval will include details of the loan terms.

Policy and Governance Implications

Nil

 

Recommendation

1        That Council acquire by compulsory acquisition under sections 177 and 178 of the Roads Act 1993 Lot 211 DP 1209495 (the Land) for the purpose of constructing a connection road from Telopea Way to William Maker Drive.

2        That Council make an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect of the Land.

3        That Council make an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect to the Land.

4        That the Common Seal of Council be affixed to any documents required.

5        That the General Manager be delegated authority to execute on behalf of Council any document associated with the compulsory acquisition process for the land that does not require the Common Seal of Council.

6        That the Land, once acquired, be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993.

7        That Council dedicate the land as a public road under Section 10 of the Roads Act 1993 once the acquisition has been completed.

8        That Council seek ministerial approval for the creation of an internal loan to fund the acquisition.

 

 

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

Traffic to the north of the City has increased significantly with the large amount of subdivisions over the past years.

The two access roads to these developments from the North Orange Bypass are from William Maker Drive to the west and Clergate Road to the east. The proposed road construction will allow access from Telopea Way. This will not only provide a third access road but will also alleviate traffic congestion which can be experienced at the intersection of Telopea Way and the North Orange Bypass as residents to the north will have direct access from the north to the Waratahs Sports Centre and commercial enterprises such as McDonald’s Restaurant and the North Orange Woolworths complex.

To enable the acquisition of Crown Land a plan of acquisition is required to be registered to depict the exact land to be acquired. The allotted title is now Lot 211 DP 1209495 and is depicted on the plan below.

 

 

  


Council Meeting                                                                                           18 August 2015

 

 

5.10   Classification of Lot 135 DP 1207360 McCormick Place - Drainage Reserve

TRIM REFERENCE:        2015/2011

AUTHOR:                       Shirley Hyde, Legal and Property Officer    

 

 

EXECUTIVE Summary

This report seeks Council’s consent to classify land situated at Lot 135 DP 1207360 McCormick Place, Orange, acquired for the purposes of drainage reserve, 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 135 DP 1207360 be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993.

2        That authority be granted to affix the Council Seal 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 99 DP 756869, the developer was required in accordance with Council’s development consent and the Orange Development Control Plan 2004, to construct a drainage reserve. Council acquired such land through funding from Section 94 contributions and it was dedicated as drainage reserve under Section 49(1) of the Local Government Act 1993. The parcel has an area of 2,881 m2. This report seeks to classify Lot 135 DP 1207360, used for drainage purposes, as Operational Land. The subject land is shaded on the following map.

 

Attachments

1          Plan, D15/27910

 


Council Meeting                                                                                               18 August 2015

5.10                     Classification of Lot 135 DP 1207360 McCormick Place - Drainage Reserve

Attachment 1      Plan


Council Meeting                                                                                           18 August 2015

 

 

5.11   Orange Botanic Gardens Precinct Master Plan

TRIM REFERENCE:        2015/1907

AUTHOR:                       Nigel Hobden, Manager City Presentation    

 

 

EXECUTIVE Summary

This report recommends that Council adopts the Orange Botanic Gardens Precinct Master Plan following the community consultation process.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “5.1 Our Community – Identify changing community aspirations and undertake community engagement and planning for the creation of open spaces, recreational facilities and services, recognising the special needs of older people and those with disabilities”.

Financial Implications

The works identified in the master plan will be assessed in future budgets as there is no allocation for any works in the 2015/16 budget approved by Council.  There is an opportunity to engage with external and/or private investment to progress some elements in the plan.

Policy and Governance Implications

Nil

 

Recommendation

That Council adopt the Orange Botanic Gardens Precinct Master Plan and consider the allocation of funds in future budget discussions.

 

further considerations

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

 

 

Service Delivery

Future development opportunities of the Orange Botanic Gardens car park, works compound and surrounding lands have tourism and economic development appeal.

Image and Reputation

The development of the surrounding vacant land and car park has the potential to generate tourism appeal, publicity and community activity.

Stakeholders

Ensuring that stakeholders have been consulted and value added to the master plan principles is a primary objective of the planning process.

 


 

SUPPORTING INFORMATION

The Orange Botanic Gardens Precinct contains a significant number of facilities and is one of the key focus areas for passive recreation, horticultural display and interpretation, events and activities in the local community. These facilities include:

·        Orange Botanic Gardens (OBG)

·        Clover Hill Function Centre – leased and operated as ‘Botanic’ Function Centre

·        Works Compound – OBG and Central Business District horticultural staff amenities, materials storage and equipment area. Incorporating volunteer group the ‘Friends of OBG’ propagation and nursery facilities.

·        Orange Adventure Playground

·        Emmaville Cottage

·        Patmos Café – Council owned facility leased by local restaurateur

·        Car parking – approximately 200 car spaces and several bus parking spaces 

·        ‘Triangular’ parcel of land fronting the Northern Distributor Road and Hill Street currently used for overflow car parking during major events

The study area (outlined in the image below) experiences a number of constraints and challenges that limit its ability to be used to its full potential. These challenges include:

·        Access to and circulation within the existing car park

·        Significance (or lack thereof) of Yellow Box Way as an entry point to the precinct

·        Limited visual appeal

·        Conflicting use demands

·        Integration of facilities

 


 

The objectives in developing the master plan were:

1        To identify the role of the OBG precinct in meeting the broader needs of the community

2        To identify opportunities for how the OBG precinct can be most effectively utilised and developed spatially, given its broader context in close proximity to North Orange and the Northern Distributor Road

3        To design a development and circulation pattern that better integrates existing and proposed built elements, takes advantage of the natural attributes of the site and provides a sense of place for the area to become a destination in itself

4        To identify circulation routes to the site for vehicles, pedestrians and cyclists

5        To provide a strategic framework for the enhancement and/or development of the study area, including:

a        Building massing opportunities and staging.

b        Key adjustments to circulation routes, roads and car parks for maximum future benefit.

c        Future use of existing spaces and proposed changes to achieve optimal results for the community.

Following community consultation the draft Orange Botanic Gardens Precinct Master Plan was resolved by Council to be placed on public exhibition with submissions closing in May 2015. Council received 10 submission

·    4 submissions from community groups

·    6 submissions from individuals.

Submissions generally commented on how the individuals or groups interpreted and perceived the design principles as relating to the Gardens precinct. The submissions are attached.

The Master Plan identified 14 design principles:

1        Ensure surrounding development and landscapes enhance the precinct’s landscape character and future vision

2        Transform the Northern Distributor Road into a beautiful “greenway” with indigenous tree planting and safe pedestrian  and bicycle pathways and crossings

3        Ensure clean stormwater discharge from the site and use water as a positive landscape element

4        Protect, reveal and enhance significant views into and out of the precinct

5        Respect Emmaville Cottage’s landscape setting and retain views beyond the site

6        Make walking and cycling easy and safe by planning a connected network of off-street pathways

7        Ensure the Gardens remain the dominant feature of the precinct by reinforcing the Gardens’ landscape character and promoting horticultural activity and research

8        Improve the Gardens arrival experience and create a simple, easy to navigate circulation system

9        Improve “first appearances” by reducing the visual mass of car parking and refocussing views to positive features within the precinct

10      Improve accessibility between the Gardens and the Adventure Playground by creating a new link, whilst maintaining safe controls over children’s movement

11      Open up new opportunities for visitors, the Friends of the Botanic Gardens and horticultural research and education by relocating existing depot uses

12      Create a series of anchor points that give the precinct clear structure and legibility

13      Create a bold, site-inspired composition of precinct buildings and activities that leverage Orange’s existing tourism appeal

14      Include business opportunities and commercial activities, such as event facilities and boutique accommodation, that are complimentary to the Gardens character, function and appeal

A summary of key comments has been tabulated and is attached to this report for ease of reference.

Of the key groups, those that currently utilise the Gardens and assist Council with maintenance aspects, the Friends of the Botanic Gardens and Heritage Roses In Australia Inc. Orange/Central Tablelands Branch, both are supportive of the overall concept precinct Master Plan but have also expressed some reservations.

The Heritage Roses In Australia Inc. state that ‘we anticipate a beneficial outcome for the Gardens generally, resulting in increased public awareness….

The Friends of the Orange Botanic Gardens Inc. state ‘while we support much of the OBG Precinct Master Plan, particularly where it improves the areas of the precinct surrounding the Gardens, we are strenuously opposed to the expansion of commercial activity within the boundaries of the Orange Botanic gardens themselves.’

The draft Master Plan caters for an increase in the size of the Clover Hill Function Centre (CHFC) to a facility with a capacity of catering for 250 persons, not an increase in the expansion of commercial opportunities within the Gardens. The FOBG provide three recommendations:

·     That the CHFC not be expanded beyond its current size to the proposed 250 seat facility

·     That activities undertaken in the CHFC be restricted to functions within the confines of the current building

·     That the room currently used by the FOBG be renamed the Friends Room and be maintained as a space for FOBG to hold talks, meeting, exhibitions and other activities.


 

Attachments

1          Submission summary - Orange Botanic Gardens Precinct Master Plan, D15/27628

2          Submission - OBGPMP - Freinds of Orange Botanic Gardens Inc, ic15/5842

3          Submission - OBGPMP - Len Banks, ic15/6307

4          Submission - OBGPMP - Harry L'Estrange, ic15/6685

5          Submission - OBGPMP - Christine Howie, ic15/6694

6          Submission - OBGPMP - Charles Everett, ic15/6701

7          Submission - OBGPMP - Roslyn Chapman, ic15/6703

8          Submission - OBGPMP - Orange Waratah Sports Club, ic15/6760

9          Submission - OBGPMP - Heritage Roses in Australia Inc, ic15/6844

10        Submission - OBGPMP - Nick King ECCO, ic15/6876

11        Submission - OBGPMP - Jane Paul, ic15/6896

  


Council Meeting                                                                                                                     18 August 2015

5.11                     Orange Botanic Gardens Precinct Master Plan

Attachment 1      Submission summary - Orange Botanic Gardens Precinct Master Plan

 

Reference

Land Zoning / Use

 

Traffic and Circulation

Commercial Opportunities

Landscape character and future vision

IC15/6896

Over commercialisation of site / community land (referencing the triangular land bounded by the NDR and Hill Street)

 

 

 

IC15/6685

 

Objection to concept of traffic lights at William Maker and Hill Street intersections with NDR

 

 

IC15/6760*

 

The addition of more traffic lights and access points will hinder traffic flow through the area

Competition with existing facilities in North Orange. Commercial and community based.

 

IC15/6701

 

Traffic management concerns along NDR with William Maker Drive and Hill Street

Support for conference centre and associated facilities, however it should be closer to the CBD

 

IC15/6844*

 

Adequate parking a concern

 

Anticipate an overall beneficial outcome for the Botanic Gardens, resulting in increased public awareness

IC15/5842*

 

 

Strenuously opposed to the expansion of commercial activities within the Gardens.

Need for community meeting space for FOBG

IC15/6307

Over commercialisation

Improved directional signage is required

Boutique accommodation is not complimentary to the Precinct;

Vague and should build more strongly on Orange’s appeal – ‘Colour City’ reputation

 


 

 

IC15/6876*

Over commercialisation and creating competition with existing centres; more appropriate to create an extension to the Gardens that entices visitors to linger and explore.

Triangle parcel ‘community’ land should be retained for public events 

Design components encouraging cycling and pedestrian activity applauded; access from North Orange via overpass, pathway to existing lights encouraged not two more traffic lights on NDR

Over commercialisation and creating competition with existing centres.

Plan will divert attention from the Gardens to the commercial hub.

Buildings significantly detract from scenic views inc. rural landscape below Mt Canobolas.

Vineyard on site is inappropriate

IC15/6694

Commercialisation and creating business opportunities not in keeping with a Botanic garden.

Improving the approach to the entrance is essential

 

Supports all design principles apart from #14.

IC15/6703

 

 

Boutique hotel and conference centre not necessary; retail outlets taking trade away from the north Orange centre

Entrance signifying the Precinct should be where Yellow Box Way meets Hill Street.

There should be no entry to the Gardens from the Playground.

 

 

* Submission from a community group


Council Meeting                                                                                               18 August 2015

5.11                     Orange Botanic Gardens Precinct Master Plan

Attachment 2      Submission - OBGPMP - Freinds of Orange Botanic Gardens Inc


 


Council Meeting                                                                                               18 August 2015

5.11                     Orange Botanic Gardens Precinct Master Plan

Attachment 3      Submission - OBGPMP - Len Banks


 


 


Council Meeting                                                                                               18 August 2015

5.11                     Orange Botanic Gardens Precinct Master Plan

Attachment 4      Submission - OBGPMP - Harry L'Estrange

 

From:Sharon L'Estrange

To:Council

Received-Date:7/5/2015

Received-Time:6:12 AM

Sent-Date:7/5/2015

Sent-Time:6:12 AM

Subject:Orange botanic gardens master plan comment

 

I think that two sets of traffic lights close together on the northern distributor (Hill street and William Maker drive) is inefficient and will unnecessarily disrupt northern distributor traffic flow. 

 

I would suggest a number of alternatives:

 

1. Two roundabouts and a pedestrian underpass.  This would minimise disruption to traffic flow and maximise ease of pedestrian and bicycle travel.  A round about and pedestrian underpass is what should have been installed at the Farrell road intersection on the northern distributor.

2. One set of traffic lights and one roundabout.

3. One set of traffic lights at the busier intersection, probably Hill street, and leave the other intersection as a T intersection.  This arrangement seems to work at the Anson street access to the northern distributor.

 

I urge Council to take a long term view to the traffic management on the northern distributor and not accept the cheapest or easiest option.

 

Regards,

 

Harry L'Estrange

 

 

  _____  

 

The content of this e-mail message has been scanned by: McAfee Email Gateway

 


Council Meeting                                                                                               18 August 2015

5.11                     Orange Botanic Gardens Precinct Master Plan

Attachment 5      Submission - OBGPMP - Christine Howie

 

From:

To:Council

Received-Date:7/5/2015

Received-Time:10:31 AM

Sent-Date:7/5/2015

Sent-Time:10:31 AM

Subject:Orange Botanic Gardens Precinct Masterplan

 

The General  Manager

Orange City Council

 

Dear Sir,

 

I have studied the Masterplan and cannot argue with the design principles other than number 14 which advocates business opportunities and commercial activities complimentary to the Garden's character.  A Botanic Garden should not be an opportunity for commercial development!  Show me one in Australia with more than a restaurant and small shop.  Quite a lot don't even have that.  The Sydney Botanic Gardens have a restaurant and cafe, the Friends selling plants at weekends.  Mt Tomah has a restaurant/cafe and small shop and Mt Annan the same.

 

A restaurant or cafe at Botanic would be lovely but a 250 seat function centre would impinge on the character of the gardens very much.  A Function Centre  or Conference Centre on the vacant land outside the Gardens would be much more appropriate with accommodation nearby. 

 

A Botanic Garden has never been a revenue-raising venture;  it is a community facility just as the library and art gallery are.

 

We, the residents of Orange are extremely lucky to have such wonderful facilities in our city with our excellent theatre and library and art gallery and soon to be museum and our beautiful Botanic Gardens should be kept as just that;  a place of beauty, in which to walk in peace, a place promoting horticultural activity and research (if only we had some labels on the plants). 

 

Improving the approach to the entrance is essential but please keep our Gardens free of commercial development.

 

Christine Howie,

100 Murphy's Lane

Orange.

 

 

 

 


Council Meeting                                                                                               18 August 2015

5.11                     Orange Botanic Gardens Precinct Master Plan

Attachment 6      Submission - OBGPMP - Charles Everett


Council Meeting                                                                                               18 August 2015

5.11                     Orange Botanic Gardens Precinct Master Plan

Attachment 7      Submission - OBGPMP - Roslyn Chapman


 


 


 


Council Meeting                                                                                               18 August 2015

5.11                     Orange Botanic Gardens Precinct Master Plan

Attachment 8      Submission - OBGPMP - Orange Waratah Sports Club


Council Meeting                                                                                               18 August 2015

5.11                     Orange Botanic Gardens Precinct Master Plan

Attachment 9      Submission - OBGPMP - Heritage Roses in Australia Inc


 


Council Meeting                                                                                                18 August 2015

5.11                     Orange Botanic Gardens Precinct Master Plan

Attachment 10    Submission - OBGPMP - Nick King ECCO

Mr Gary Styles

General Manager

Orange City Council

Byng St. Orange, 2800

May 11, 2015

 

Re: Orange Botanic Gardens precinct Masterplan

 

Dear Mr. Styles,

                         Environmentally Concerned Citizens of Orange (ECCO) wish to lodge the following objections to the proposed Orange Botanic Gardens Masterplan, with particular reference to the triangle of land which is currently greenspace, albeit zoned residential, owned by the Orange community and upon which the majority of changes will take place. Our objections mainly are concerned with what we believe to be the over commercialisation of the site and the threat such over commercialisation will have on its visual, environmental, social and economic aspects.

 

The “front door” to Orange's Botanic Gardens:  The land upon which most of the proposed development is to take place is highly visible to the passing motorist on the Northern Distributor, and as such provides the opportunity of not only the “front door” of the Orange Botanic Gardens but also a gateway to the city of Orange. The purpose of a front door or gateway should contain features that motivate the visitor to enter and explore further.

 

The current plan with its emphasis on onsite commercial activity tends to encourage the visitor to take advantage of the facilities provided at the site without providing further information or incentive to explore either the delights of the gardens or the City of Orange. Rather than developing the precinct in question with a focus on on site commercial activities, it would be more appropriate to create an extension of the gardens that entices the visitor to linger and explore, plus an installation which could provide information about what the city of Orange has to offer.

 

Compromise rather than compliment:   Design Principle 14 states that the plan will”include business opportunities and commercial activities, such as events and boutique accommodation that are complimentary to the gardens' character, function and appeal.” ECCO suggests that the commercial features included in the masterplan for the area have a limited capacity to contribute to the character, function and appeal of the Orange Botanic Gardens. The design of the suggested commercial centres does not appear to suggest any special connection to the gardens. The buildings could be anywhere.


 

 

A convention centre, multiple coffee shops and an hotel clash significantly with a venue which is devoted to the creation of a tranquil natural environment to be enjoyed by all regardless of the amount of money they wish to spend. The plan as it stands will divert the focus from the gardens to that of a commercial hub, dedicated to commerce rather than horticulture

 

Design principle 4 states that the plan will “ensure the gardens remain the dominant feature of the precinct by reinforcing the gardens' landscape character.” Commercialisation of the area to the suggested extent would have the opposite effect. If allowed to proceed, the result of the current proposal would be the changing of the character of the gardens from a botanic refuge to a shopping centre.

 

Compete rather than Compliment: The proposed commercial facilities contained in the master plan places the Botanic Gardens Precinct in competition with facilities that already exist nearby or within the city of Orange. The Botanic Gardens already has a coffee shop and restaurant. We don't need another one, let alone several. There is ample access to bars, shopping facilities etc. at nearby North Orange Woolworths, Waratahs Social Club and in the central business district of Orange. The precinct would be better served to direct businesses to these services rather than compete with them.

 

A Stranded Asset: Design Principle 13 states that the Masterplan aims to “create a bold, site inspired composition of precinct buildings and activities that leverage Orange's existing tourism appeal.” The site inspired buildings suggested in the plan are those that cater for food, beverages, accommodation, conferences etc.

 

Far from “leveraging” Orange's existing tourism appeal, the buildings proposed for the precinct will compete directly with convention facilities that are established or are in the planning stages, hotels, motels, coffee shops that also are already established and are geographically much better located. The ambitious scale and isolated location and competition from already established businesses make the proposed Botanic Gardens developments vulnerable.

 

It would not be attractive for visitors to Orange to see a “front door” consisting of poorly utilised or vacant buildings. Orange City Council would be better advised to encourage the development or upgrade of existing facilities rather than support risky proposals.

 

Problems with control and vulnerability to further expansion of commercialisation: There arises a concern as to how much control the Orange community will retain over a commercial activity such as that in question once it is either sold or leased to a private developer. How is Council to respond if there is a request for expansion? Especially if a”get bigger or go broke” scenario is suggested. Could it be that if faced with this situation, Council could be compelled to allow greater commercialisation, resulting in the character of the gardens being further compromised.

 

The “Triangle” is community land: The land in question belongs to the Orange community and as such should be used for optimal benefits for all, allowing meaningful community access. Commercialisation of the area to the extent suggested favours those who seek to benefit commercially as well as those able  to pay for the services offered and not the community.


 

 

ECCO is firmly opposed to the sale or lease of public land for private profit. The triangle should be retained for public events, overflow parking, activities and structures available to residents and visitors and are appropriate to the botanic gardens environment. Once developed in the manner suggested, this land will be closed to alternative use and be lost to future generations.

 

Location of important facilities: ECCO acknowledges that certain facilities are desirable in the precinct, such as an information centre, a gift shop, a place for meetings, educational opportunities and events.

 

In most botanic gardens, such facilities are situated within the grounds of the gardens themselves. ECCO would like to suggest that the existing Clover Hill Centre could be expanded to fulfil this role. Rather than have a scattering of “anchor points”a more effective strategy would be to have the above facilities located centrally through the development and enhancement of an already existing building, accessed by means of the already existing path which guides visitors into the gardens.

 

Interference with existing landscape vistas:  Design principle 4 states that the plan will “protect, reveal and enhance significant views in and out of the precinct.” The Botanic Gardens Precinct currently offers iconic views of Mount Canobolas. The inclusion of a boutique hotel in its current suggested position significantly detracts from the scenic views of the rural landscape below Mount Canobolas. The inclusion of such intrusive design features has the potential to interfere with and negatively manipulate the landscape rather that building on its existing attributes.

 

Unacceptable addition of traffic lights:  Whereas much of the masterplan's design encouraging cycling and pedestrian activity is to be applauded, the movement of pedestrians and cyclists approaching the precinct from North orange would be better managed by an overpass or a track up to the existing lights rather than two more sets of traffic lights, which are not acceptable on a bypass.

 

A vineyard is inappropriate for the site: The proposed vineyard would not be suitable for the site, as vineyards are labour intensive and would place a burden on the already stretched staff responsible for the precinct. The space could be used for more interactive installations or plantings, such as a children's garden, herb garden, peace garden etc.

 

Thank you for the opportunity to provide feedback for this plan.

 

Yours sincerely

 

 

Nick King

President Environmentally Concerned Citizens of Orange


Council Meeting                                                                                               18 August 2015

5.11                     Orange Botanic Gardens Precinct Master Plan

Attachment 11    Submission - OBGPMP - Jane Paul


Council Meeting                                                                                           18 August 2015

 

 

5.12   Spot Rezonings Leewood Drive

TRIM REFERENCE:        2015/2002

AUTHOR:                       Craig Mortell, Senior Planner    

 

 

EXECUTIVE Summary

The purpose of this report is to consider including in the rezoning package an additional site at 17 Leewood Drive, which is an unnamed public reserve situated behind four industrial lots (see map provided below for its location).

At the 3 March 2015 Sustainable Development Policy Committee meeting, Council resolved to rezone and reclassify a small park, known as “Catto Park”, in the Leewood Industrial estate from RE1 Public Recreation to IN1 General Industrial, principally to allow for additional parking in association with nearby industrial developments.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “11.1 Our Economy – Encourage the growth of local business, support emerging industry sectors and attract new investment to Orange”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

1        That Council prepare and submit to the NSW Department of Planning and Environment a formal planning proposal for a Gateway Determination to enable the rezoning of Lot 43 DP 255071 and Lot 16 DP 255071 from RE1 Public Recreation to IN1 General Industrial and that the land be re-classified as Operational.

2        That the necessary materials be prepared as determined by the Gateway Determination process and exhibition of materials be undertaken.

3        That a public hearing be conducted in accordance with the legislative requirements.

4        That permission be granted for the use of the Council Seal on any documentation required for the re-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 previously reported an inquiry has been received seeking Council’s consideration of converting the open space of Catto Park to a car park to alleviate on street parking congestion. At the 3 March 2015 Sustainable Development Committee meeting Council resolved as follows:

 

RESOLVED – 15/066                                                                             Cr J Whitton / Cr K Duffy

1        That Council prepare and submit to the NSW Department of Planning and Environment a formal planning proposal for a Gateway Determination to enable the rezoning of Lot 43 DP 255071 from RE1 Public Recreation to IN1 General Industrial and that the land be reclassified as Operational and that the Public Reserve status be removed from each parcel;

2        That the necessary materials be prepared as determined by the Gateway Determination process and exhibition of materials be undertaken.

3        That a public hearing be conducted in accordance with legislative requirements.

 

Council has also received interest in the potential to expand industrial activity onto 17 Leewood Drive. Both properties are situated within the Leewood Industrial Estate and adjoin industrial developments. Due to their respective location, context and small size they are both considered to have negligible recreational, ecological or social value.

 

There are no State Environmental Planning Policies of direct relevance to the proposals. Section 117 Ministerial Directions under the Environmental Planning and Assessment Act 1979 includes Direction 1.1 Business and Industrial Zones. This direction has the following objectives, to:

(a) encourage employment growth in suitable locations,

(b) protect employment land in business and industrial zones, and

(c) support the viability of identified strategic centres.

The direction requires that relevant planning proposals must:

(a) give effect to the objectives of this direction,

(b) retain the areas and locations of existing business and industrial zones,

(c) not reduce the total potential floor space area for employment uses and related public services in business zones,

(d) not reduce the total potential floor space area for industrial uses in industrial zones,  

and

(e) ensure that proposed new employment areas are in accordance with a strategy that is approved by the Director-General of the Department of Planning.

The proposals are considered to be entirely consistent with both the objectives and requirements of the Direction.

 

Attachments

1          Proposed Reclassification Site - Lot 16 DP 255071 - 17 Leewood  Drive , D15/28679

2          Proposed Reclassification Site - Lot 43 DP 255071 - 30 Leewood  Drive Orange, D15/4930

 


Council Meeting                                                                                               18 August 2015

5.12                     Spot Rezonings Leewood Drive

Attachment 1      Proposed Reclassification Site - Lot 16 DP 255071 - 17 Leewood  Drive


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting                                                                                               18 August 2015

5.12                     Spot Rezonings Leewood Drive

Attachment 2      Proposed Reclassification Site - Lot 43 DP 255071 - 30 Leewood  Drive Orange


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting                                                                                           18 August 2015

 

 

5.13   Development Application DA 4/2015(1) - Lot 18 Emerald Street

TRIM REFERENCE:        2015/2012

AUTHOR:                       Andrew Crump, Senior Planner    

 

 

EXECUTIVE Summary

Application lodged

7 January 2015

Applicant/s

Orange North Pty Ltd

Owner/s

Garfield Road Holdings Pty Ltd

Land description

Lot 18 DP 1210246 - Emerald Street, Orange (formally Lot 111 DP 1194964)

Proposed land use

Demolition (existing dwelling and ancillary structures); Subdivision (Torrens - 11 lots and public road); Subdivision (Community - 16 lots); and Dwelling Houses (24)

Value of proposed development

$7,980,000

DIRECTOR DEVELOPMENT SERVICES’ COMMENTS

This application has seen a protracted process caused by an inability of the unit designer to get close enough to the Planning Outcomes in DCP 2004 for an alternative approach to be considered. Council staff have put significant effort into working with the Applicant’s Town Planner in moving the initial development design closer to a design that would not result in inappropriate design for the Orange climate, nor grossly breach planning instruments and that also addressed the bulk of the concerns of objectors. Council’s planner responsible for the application is to be commended for his perseverance and the quality of the report. The cooperation of the applicant is also acknowledged.

This development is an appropriate one for the site and presents a reasonable transition from the residential zone to the east and the growing commercial precinct to the west. The key issue centres on solar access arising from excessive bulk and scale.  In the Orange climate it would not be fair to future purchasers to allow inappropriate design and this is the essence of the job of planning staff. I also believe the emphasis on the colder periods of the year in Orange needs to be balanced with a growing need to cater for all  year round climate conditions.

The DCP guidelines do however offer to an applicant the ability to address the DCP Planning Outcomes in an alternate way as follows (see DCP 2004 7.7-8):

PO 7.7-8 Planning Outcomes - Daylight And Sunlight

1    Buildings are sited and designed to ensure:

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

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

“These guidelines indicate ways of achieving the planning outcomes. It Is recognised that there may also be other solutions. All design solutions will be considered on merit.  Applications should clearly demonstrate how the planning outcomes are being met where alternative design solutions are proposed.”

To this end, it is important to consider the Objectives of the DCP in relation to Bulk and Scale as these further assist in providing clarification to the assessment of the proposed development by identifying the intent of the DCP.


 

BULK AND SCALE

Objectives

1    To allow flexibility in siting buildings and to ensure that the bulk and scale of new development reasonably protects the amenity of neighbouring properties and maintains appropriate neighbourhood character.

2    To allow adequate daylight, sunlight and ventilation to living areas and private open spaces of new and neighbouring developments.

3    To encourage the sharing of views, while considering the reasonable development of the site.

The lots involved are minimal in size and I believe that with high density comes a lower expectation that the same levels of solar access will be achieved than with lower density development. This interpretation also reflects the direction set by the Land and Environment Court’s Planning Principle arising from the case The Benevolent Society v Waverly Council [2010] NSWLEC 1082, which identifies the difficulties in protecting sunlight and therefore suggests that expectations and therefore claims to sunlight as part of higher density development is not as strong as with low density development.

The DCP 2004 does not contain explicit guidance on solar access in the case of very small lot sizes and staff will be working on amending the DCP in the future to include a standard that relates to low density development. The latest set of amendments made by the applicant go a long way to satisfying the solar access Planning Outcomes in the DCP.

Council has the ability to approve this application in these circumstances. Historical numerical departures in this area are not uncommon and I believe the overall intent of the Planning Outcomes are met.

In the absence of absolute clarity in the DCP, I am encouraged by the words of Doolan where the commissioner noted that:

On the question of solar access, I agree with the conclusions of Ms Levy, that while not optimal, the proposed development is acceptable in terms of solar access. I accept that strict compliance with the DCP requirements is difficult given the orientation of the site and the shadows cast by the internal courtyard walls. Ms Gordon's suggestion that the development be reorientated may potentially achieve a higher number of compliant townhouses however any theoretical design may also raise other issues. There are always alternate designs available but the question that needs to be answered is whether the proposed development is acceptable and not whether there is another suitable design for the site. While not strictly applicable, the Rule of Thumb in the RFDC, highlights that strict compliance is often difficult to achieve and consequently provides a sensible level of flexibility in the provision of solar access. The DCP adopts a similar flexible approach (but without quantifying any variation) in cl 2.4.2.2, where it states that the "following guidelines indicate the preferred levels of solar access for new developments, and any departures from these standards will require justification that resulting energy efficiency and solar access is acceptable". I am satisfied that sufficient justification has been provided by Ms Levy to support the variation to the DCP requirement

Although not strictly the same situation as Doolan refers to the Residential Flat Development Code, Orange DCP 2004 is also performance based and allows similar avenues to an applicant where a non-compliance within development arises.

Council's consent is sought for the subdivision of land to create 11 Torrens Title lots comprising 10 residential lots and 1 residue lot to be further subdivided under a Community Title scheme. The Community Title subdivision will involve 15 individual lots and one Community lot comprising roads, visitor parking and garbage collection. The applicant is then seeking to erect 24 dwelling houses on the resultant lots as required in a staged arrangement. The dwellings will be arranged in various configurations, some detached whilst others will be semi-detached. The subject land is described as Lot 18 DP 1210246 – Emerald Street, Orange.

All the dwellings are proposed to be two storey construction of various configurations and layouts, whilst maintaining a consistent theme of architectural detailing and finishes.


 

The development does not create any significant impacts to adjoining property owners.

The detailed assessment of the development demonstrates that the development is inconsistent with solar access, visual bulk and setback requirements, the prominence of garages and presentation of some of the dwellings within lots 101 to 110 not addressing the street when considered against the relevant provisions of the DCP.

As can be seen, the form of the proposed development, particularly that section comprising dwellings 101-110 is almost of terrace type design. There are suggestions in the application that this form of development justifies the application of different standards as outlined in the planning outcomes of DCP 2004, particularly in relation to solar access into the dwellings and private open spaces.

The planning outcomes in the DCP and there are other standards referred to in this report, including Planning Principles of the Land and Environment Court, are provided so as to ensure that appropriate development does occur that provides for sustainable living opportunities for the occupants of those dwelling and on adjoining land. The provision of solar access into dwellings and associated open space is of critical importance, particularly in the Orange climate. There have been no reasons given in the application as to why different standards should apply to this development only that the design is different to that which typically occurs in the City.

Whilst consideration has been given to the solar access provisions that relate to the subdivision of residential land in this report it is considered that the principle impacts that arise with respect to this development arise mostly due to the design of the proposed buildings especially the height, shape, design and spatial relationship of each building to its neighbour. Planning staff raise no objection to the form of the proposed development. However, the issues that arise relate to the failure of parts of the development to be designed in consideration to the characteristic or constraints of the site. This is evident  by the section of the development to the north of the site that is to form the community title subdivision, which except for the overshadowing that was created by the 2 storey construction of dwellings 8 and 9 (which have recently been deleted from the proposal by the applicant), is mostly compliant and can be supported.

Buildings 101 to 110 are to be located on that section of the site that is rectangular and is orientated north/south. It is considered that these buildings have not been designed to suit the characteristics of the land, particularly the orientation of the dwellings, the limited distance between those buildings and other design criteria mentioned above do not recognise the characteristics of the site. The resultant subdivision is based on these design characteristics and results in lots of only around 10.35m in widths being created.

As can be seen in this report this section of the proposed development does not fully comply with the provisions of the DCP on a number of significant aspects particularly solar access and visual bulk, setback amongst others. These are interrelated. Due to the number of matters of non- compliance and to the significance of those aspects of non- compliance and to the fact that the issues of non- compliance applies to, generally all of those dwellings, Council staff are still of the view that the design of the development is still far from ideal, but in view of the most recent changes made by the deletion of 2 dwellings that solar access has been improved into those buildings to a level that is considered to be reasonable and thus the application can now be supported.


 

The applicant stated that the proposed development can be likened to development that is likely to occur in the yet to be developed Shiralee subdivision and there is a need to allow a variation to the relevant development standards. It is considered that this development is different to the Shiralee area in that the lots have been designed under a master plan that gives greater consideration to the spatial interrelationship between each lot and provides specific housing typology. Whilst it may be desirable to review development standards so as to facilitate development of the likely form in this precinct, any development should be designed so as to provide high levels of residential amenity, especially solar access. The standards that currently apply within the DCP are considered to be sound and it is important for Council to point out that approval of this development should not be the setting of a precedent in relation to the typical form of development that occurs within the City, rather a response to this precinct.

It is noted that Council staff have endured significant difficulties in interpreting and assessing the submitted plans throughout the entire assessment process due to extensive anomalies, inaccuracies and omissions with the plans which has added significant time to the assessment of the development.

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

That Council consents to development application DA 4/2015(1) for Demolition (existing dwelling and ancillary structures); Subdivision (Torrens - 11 lots and public road); Subdivision (Community - 16 lots); and Dwelling Houses (24) at Lot 18 DP 1210246 –Emerald Street, Orange pursuant to the reasons outlined in the attached Notice of Approval.

 

further considerations

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


 

SUPPORTING INFORMATION

THE APPLICATION

Council's consent is sought for the demolition of an existing dwelling and ancillary structures, an 11 lot Torrens title subdivision, a 16 Lot Community title subdivision and the erection of 24 two storey dwellings on land described as Lot 18 DP 1210246 - Emerald Street, Orange.

BACKGROUND

Council originally received application for the subdivision of 17 Torrens Title lots, 23 Community Title lots and the erection of 38 semi-detached dwellings to be constructed on the resultant lots on 7 January 2015. Council staff advised the applicant of an array of concerns relating to the development, most notably inter alia, solar access, private open space, visitor parking arrangements and waste management.

As a result of extensive negotiations with the applicant; a request was made by the applicant pursuant to Clause 55 of the Regulations to amend the application, which Council staff agreed to accept.

The applicant responded to Council’s initial concerns with the proposal by redesigning the entire development in the following fashion:

·    The Torrens Title lots were made wider and the number of dwellings proposed on those aforementioned lots reduced by four. 

This amendment was primarily in response to Council’s concerns that:

-    there was limited solar access to the north orientated semi-detached dwellings and no north facing windows associated with the south orientated dwelling and;

-    due to the width of the previously proposed lots, most of subject dwellings were deficient in private open space.

·    The originally proposed dwellings/lots along the northern boundary have been reduced by two

This amendment was primarily in response to Council’s concerns that:

-    There was a visual bulk impact on the adjoining lots, primarily to the east. The effect of the amended design results in an increase in the separation distance of the proposed dwelling on Lot 17 from the previously proposed 1.57m to now being proposed at approximately 3.5m from subject boundary.

·    Land immediately adjoining Lot 237 Emerald Street (9 Emerald Street) has been reconfigured such that the original proposal presented six dwelling in this location as compared to the current proposal of 2 dwellings.

This amendment was primarily in response to Council’s concerns that:

-    there was limited solar access received to these dwellings,

-    the dwellings were deficient in private open space, and

-    visual bulk impacts to the adjoining parcel to the east.


 

The effect of the amended design results in lower density at the interface of the development site and the adjoining Lot 237; and improved solar access and open space to those dwellings.

Development assessment staff completed assessment of the application as it is described above and were intending to recommend refusal of the application. Further negotiations with the applicant transpired and the applicant has subsequently further amended the proposal on 11 August 2015 by removing two of the Torrens title lots which has allowed the Lots now known as 102 to 109 to be increased in width, approximately 8.5m to 10.35m. This results in improved solar access to these dwellings and an overall diminution, but not elimination, of the other interrelated cumulative impacts through this portion of the site, namely reduction in the visual dominance of each building to the north by providing greater separation distance, provision of additional private open space and provision of more area of private open space in sunlight.

In addition to the above, the applicant also deleted two dwellings that were located on the northern side of Lots 2 to 5, which will now be a vacant lot which can be developed at a later date as well as deleting the balconies from the “E type” dwellings on Lots 6 and 7 and relocating the dwelling on lot 6 further to the south to provide additional separation distance and thus improved solar access. There are no objections to the relocation of dwelling on Lot 6.

EXPLANATION OF ARCHITECTURAL DRAWINGS

The submitted plans are presented in a way that is atypical to the way plans are normally presented within an application of this type. To better inform the interpretation of the submitted plans a brief explanation is provided.

The plans present five different floor area designs, being “A”, “B”, “C”, “D” and “E”. Each dwelling type then has façade variants. This is best observed on the plan title “street view”. An excerpt of this plan is provided below by way of demonstration.

Plate 1 - excerpt of street view plan showing dwelling type and façade variants


 

The submitted plans showed site plans of individual lots showing nominal dimensions. These site plans were accurate for the previously proposed Lots 101 – 112. However, the nominal dimensions shown for typical type A, B, E and F (now deleted) differed from lot-to-lot. For example, the typical site plan for dwelling Type B showed nominal dimensions of 3m to the eastern boundary. This does not correlate with either the site master plan or the sections showing the visual bulk envelope (note the site master plan and visual bulk assessment plan appear to be correct). This, in addition to uncommon scales of plans (ie 1:750 at A3 size drawings for site master plan) has made assessment of the development particularly difficult and time consuming.

To overcome this discrepancy between the site master plan and nominal site plans of individual lots, a further additional plan was requested of the applicant which clearly shows the dimensions of each dwelling from all respective boundaries. This plan has been received and adequately clarifies this issue.

An anomaly was identified on the site master plan and site analysis plan with adjoining properties not identified accurately. For example; the dwelling shown on the site master plan representing the actual dwelling constructed on Lot 237 Emerald Street was shown at approximately 4m from the development’s eastern boundary. The approved plan for the dwelling on Lot 237 Emerald Street was shown at 0.9m from that eastern boundary of the development adjacent to Community lot 6. The same was observed for the dwelling misidentified on the site master plan as Lot 1071 (the lot in question is Lot 116 Pearl Court). This particular dwelling was shown to be approximately 2.5m from the development’s eastern boundary adjacent to the proposed public road, when in actual fact the approved plans show the dwelling to be 1m from the development’s eastern boundary. This was clarified by the architect via the submission of further plans.

This was identified in the initial submission and the applicant made aware of the issue in correspondence to the applicant dated 8 April 2015.

A further anomaly was identified with the submitted shadow diagrams which appear to show fence shadows for a fence approximately 800mm – 900mm when the actual fence will be required to be at least 1.5m to achieve privacy.

Plans addressing these anomalies and omissions were still being received by Council up until 6pm Wednesday 5 August 2015 partway through the writing of this report.

The above anomalies, errors and omissions with the plans have significantly added to the time taken to complete assessment and   made the task of assessing the development very difficult.

As mentioned above the final set of plans which deleted two of the Torrens Title Lots and subsequently two of the “F type dwellings” as well as making the other minor amendments described above were received Tuesday, 11 August 2015 resulting in this report needing to be substantially rewritten based on the intention of Council staff to recommend refusal of this application before these most recent amendments.


 

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 significant 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,

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

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

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

The application is not inconsistent with the relevant aims of the plan; relevantly the development is consistent with (a), (b), (e) and (f) 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 lot contains a covenant on the title of the land that relates to a pedestrian link to the adjoining pathway to the west that links with Telopea Way. Relevant conditions are attached to ensure that this occurs. There are a number of easements for various services traversing the site. Relevant conditions are in place to ensure that these services are relocated and that the development can proceed in an acceptable manner without impacting upon Council or other entities’ infrastructure.

Mapping

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

Land Zoning Map:

Land zoned R1 General Residential

Lot Size Map:

No Minimum Lot Size

Heritage Map:

Not a heritage item or conservation area (original lot was a heritage item)

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 site is located within the R1 General Residential zone. The proposed development is defined as demolition, subdivision and dwelling houses under OLEP 2011.

Pursuant to section 4B of the Environmental Planning and Assessment Act subdivision of land means:

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

Pursuant to the dictionary contained within OLEP 2011 a dwelling house means:

a building containing only one dwelling.

To extend the above definition further OLEP 2011 defines a dwelling to mean:

a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

Subdivision and dwelling houses are permissible in the R1 General Residential zone with the consent of Council.

Demolition is separately addressed below under clause 2.7.

Clause 2.3 of OLEP 2011 references the Objectives for each zone in OLEP 2011. These objectives for land zoned R1 - General Residential are as follows:

1 - Objectives of the R1 General Residential Zone

·     To provide for the housing needs of the community.

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

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

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

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

In relation to the first objective, the proposed development would act to provide additional housing stock within the City.

In relation to the second objective, the proposed dwellings will provide a variation of housing type and density for the City.

In relation to the third objective, the proposed development has no effect.


 

In relation to the fourth objective, the subject site is within close proximity to routes used by public transport and is also in close proximity to shops and services. Moreover, in the negotiations associated with this development, but as a separate matter, Council staff encouraged the owner of the land to provide a defined public pedestrian link that will provide practical pedestrian access from Diamond Drive and sounding streets with the North Orange Woolworths shopping precinct which utilises the proposed road network under this application. This is further discussed below.

In relation to the last objective, the proposed development has no effect.

The proposed development is not antipathetic with the objectives of the R1 General Residential zone.

Clause 2.6 - Subdivision - Consent Requirements

Clause 2.6 of OLEP 2011 permits the subdivision of the subject land only with development consent. The applicant seeks such consent.

Clause 2.7 - Demolition Requires Development Consent

This clause triggers the need for development consent in relation to the demolition of a building or work. The applicant is seeking to demolish the existing dwelling and ancillary structures on the land. The subject land has a degree of heritage significance associated with the former orchard activities on the land. Notwithstanding this, as mentioned below under the heritage considerations, there are no objections to the demolition of the buildings. Relevant conditions are attached in relation to the demolition.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

The subject land contains the Emmaville House and Packing sheds which together with other features that have since been removed are identified as a heritage item although the property description in the LEP differs to the current property description following subdivision of the land. The statement of significance indicates the following:

At the time of the site inspection, the site included a significant remnant windbreak planting on the property boundaries, a tree lined driveway and two orcharding sheds and Farrell packing cases, all a rare and valuable historic reminder of the important family business. During late 2010 the tree lined driveway and windbreak planting were demolished and thus the level of significance was substantially reduced.

The applicant is proposing to demolish the existing house and packing shed on the land. There is an older shed located on the adjoining land in different ownership associated with the former Emmaville property, which is to be retained.


 

(1)     Objectives

          The objectives of this clause are as follows:

(a)     to conserve the environmental heritage of Orange,

(b)     to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c)     to conserve archaeological sites,

(d)     to conserve Aboriginal objects and Aboriginal places of heritage significance.

As indicated above, the heritage significance of the former orchard including wind breaks and avenue plantings have been significantly diminished over time, with progression of surrounding development occurring. There is limited justification in requiring the buildings to be retained. The applicant has carried out a Heritage Impact Assessment in accordance with established heritage principles adopted NSW Heritage. Council staff generally agree with the Heritage Impact Statement submitted by the applicant.

Notwithstanding the above, the dwelling and shed on the land continue to have a degree of importance given the cultural and social significance of the previous historic uses of the land. As such, a condition is attached that requires a photographic recording of the dwelling and shed on the land in accordance with Councils Photographic Recordings of Heritage Items policy. This is required prior to works commencing as the demolition does not require a Construction Certificate and the demolition may occur prior to the release of a Construction Certificate.

Part 7 - Additional Local Provisions

7.3 - Stormwater Management

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

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

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

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

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


 

7.6 - Groundwater Vulnerability

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

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

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

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

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

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

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

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

STATE ENVIRONMENTAL PLANNING POLICIES

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.

State Environmental Planning Policy 55 - Remediation of Land applies to the development in so far as Council is required to consider whether the subject land is contaminated, and if the land is contaminated whether or not it is suitable in its current state to accommodate the proposed development. Council determined a subdivision DA 458/2011(2) which created the subject land. As a requirement under that consent the applicant was required to carry out soil sampling given that the previous use of the land involved orcharding activities. A review of Council’s files indicates that soil testing has only been carried out on former Lot 40 (in order to release the Lot of the new child care centre in Farrell Road) and approved Lot 15 (to release the lot where the childcare centre is proposed in Telopea Way). As such, it will be necessary to require soil testing on land the subject of this application. Relevant conditions are attached in this regard.


 

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.

DESIGNATED DEVELOPMENT

The proposed development is not designated 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 (Chapter 0 – OLEP 2011, Chapter - 7 Development in Residential Areas and Chapter 13 - Heritage). An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

Chapter 0 - OLEP 2011

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

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

The corresponding zone to zone 2(a) Urban Residential (Orange LEP 2000) is zone R1 General Residential (Orange LEP 2011). As such, Orange DCP 2004-07 - Development in Residential Areas is of primary relevance to this proposal. The provisions of Part 7 are considered below.

Chapter 0 - OLEP 2011

Tree Preservation

Two trees exist within the curtilage of the existing dwelling and a permit or consent is required for their removal.

The applicant submits the following in relation to the tree removal:

·   It is requested that Council not require the advice from an arborist, on the basis that there is no debate concerning the health or condition of the trees and reasonable justification is provided below.

·   The subject trees are identified in the following photographs.

Council staff raise no objections to the removal of the trees.  As the applicant points out there is no dispute over the state of the trees, however keeping them would hinder the orderly development of the land.


 

Chapter 7 - Design Elements For Residential Development

The development effectively involves three separate applications assessed concurrently, namely; the demolition, the subdivision (both the Torrens Title and Community Title subdivisions) and the erection of dwellings. (It is lawful to make application for a number of different types of development pursuant to Section 78A of the Act).

As such, it is pertinent to assess all the components against the relevant sections of the DCP individually.

Urban Residential Subdivision

The proposal can be summarised in the below table.

Torrens Title Subdivision

Dwelling Houses

 

Lot

Area

Shape and Orientation

Dwelling

GFA(m2)

POS(m2)

Dwelling Type

101

491m²

Rectilinear east-west

1

178.36

265.38

D1

102

323m²

As above

2

204.67

129.37

C1

103

323m²

As above

3

178.36

120.97

D2

104

323m²

As above

4

178.36

120.97

D1

105

323m²

As above

5

204.67

128.70

C2

106

323m²

As above

6

178.36

120.46

D2

107

323m²

As above

7

204.67

128.88

C1

108

323m²

As above

8

178.36

120.61

D1

109

323m²

As above

9

204.67

129.16

C2

110

227m²

As above

10

178.36

54.88

D1

111

5,210m²

N/A Residue Parcel

--

--

--

--

(AA)

145

Public Pathway

--

--

--

--

 

 

Community Title Subdivision

Dwelling houses

Lot

Area

Shape and orientation

Dwelling

GFA(m2)

POS(m2)

Dwelling

Type

1 (road)

1300m²

N/A Community road

--

--

--

--

2

251m²

Rectilinear north-south

1

159.92

112.57

A1

3

178m²

Rectilinear north-south

2

159.92

35.55

A1

4

179m²

Rectilinear north-south

3

159.92

35.28

A2

5

201m²

Rectilinear north-south

4

159.92

39.62

A2

6

255m²

north-south

5

167.54

135.35

E1

7

235m²

north-south

6

167.54

116.08

E1

8

Deleted

9

427m²

Rectilinear east - west

Vacant lot

10

282m²

Rectilinear north-south

9

204.48

126.69

B1

11

236m²

Rectilinear north-south

10

204.48

63.41

B1

12

257m²

Rectilinear north-south

11

204.48

70.18

B2

13

257m²

Rectilinear north-south

12

204.48

69.14

B2

14

256m²

Rectilinear north-south

13

204.48

66.28

B1

15

254m²

Rectilinear north-south

14

204.48

64.81

B1

16

231m²

Rectilinear north-south

15

204.48

59.07

B2

17

274m²

Rectilinear north-south

16

204.48

120.22

B2


 

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

·    Lots are orientated to optimise energy-efficiency principles.

Proposed lots within the development are orientated as follows:

-    Lots 101 to 110 are orientated east-west;

-    Community Title Lots 2 to 7 and 10 to 17 are orientated north-south and;

Community Title Lots 9 (vacant lot) is orientated east-west.

Lots 2 to 5, 7, 9 (vacant lot) and 10 to 17 are all orientated to optimise energy-efficiency principles and depending on future dwelling design will achieve high levels of solar access.

Lots 2 to 6 are orientated appropriately to achieve a high standard of energy-efficiency. However, given the height and bulk of adjoining proposed dwellings, the opportunity for a high standard of energy efficiency is lost.

Lots 101 to 109 are orientated east-west with their long axis orientated to the north, meaning that high levels of solar access could be achieved. However, optimising energy efficiency in subdivision design is dependent on a number of issues, including the width of the lots. Generally, lots 102 to 109 are only 10.35m wide. As mentioned above, this characteristic, together with the height and bulk of proposed buildings means that the opportunity for a high level of energy-efficiency is again lost on these lots.

Planning principle - Solar access for allotments in residential subdivisions - Wallis & Moore Pty Limited v Sutherland Shire Council.

The Land and Environment Court provides the following planning principle in relation to solar access considerations at the subdivision stage:

In the interests of good passive solar design of future dwellings, residential subdivision should be designed to maximise the number of allotments with side boundaries oriented in a generally north-south direction. Regard must also be had for topography, views and special natural features of the land and weighed in the balance with passive solar design. This objective is encapsulated in the following planning principle:

In assessing applications for residential subdivisions the Court places major emphasis on the ease with which future dwellings with good solar access can be erected on the proposed allotments. In general, this condition is best fulfilled when the side boundaries of the majority of the allotments are on or near a north-south axis; however, there may be other solutions. What is important is to think of the subdivision beyond the subdivision stage and strive for a future residential area in which the great majority of dwellings can achieve good solar access.

It would be difficult to sustain a line of argument that claims the development is consistent with the above planning principle when 9 of the 24 dwellings will not achieve good solar access (as referred to above) when considering the dwellings proposed on those resultant lots.

This is assessed in greater detail below under the applicable design elements.


 

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

The subject land forms part of a subdivision of a large portion of land bound by Farrell Road, Telopea Way, Waratahs Sport Club and Emerald Street and Pearl Court approved under Development Consent 458/2011 on 13 December 2012. Under that subdivision, cul-de-sac bowls were approved at the terminus of both Emerald Street and Pearl Court. The lot sizes under that subdivision were generally consistent with the Waratahs DCP. The subdivision currently before Council will remove the need for those cul-de-sac bowls and will link the two aforementioned streets as was envisaged under the Waratahs conceptual layout; albeit in a different location. The development currently before Council is therefore consistent with the above planning outcome.

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

As part of negotiations with the applicant, but as a separate matter, the developer of the parent parcel when seeking a subdivision release for the latest release of lots, has incorporated a 4m public pathway into the subdivision. The intent of the public pathway is to link Pearl Court and Emerald Street, as well as the wider Waratahs precinct with Telopea Way and the North Orange shopping centre. A restriction on the use of the land to which this application relates states the following:

No subdivision or development of Lot 18 can be undertaken without providing for pedestrian access through Lot 18 that directly connects Emerald Street to the path was pathway 4 wide abutting Lot 16.

The submitted plans show the provision of a footpath linking with the subject public pathway; however a problem arose in that the location of the footpath proposed under this DA that links with the public pathway on adjoining land was located within the Community Title lot. Therefore, the link was not accessible to the public; only those owners within the Community Title subdivision would have had legal access to this footpath.

In the preparation of additional plans provided Tuesday 11 August 2015, the subdivision plans were amended to include this land as a public pathway.

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

All of the lots proposed are below 350m², excepting the now vacant lot 9 (lot 8 having been deleted and being absorbed in lot 9) which is proposed at 427m2. Consideration will need to be given to the design of the dwelling on this lot in the future. This amendment came about because of the significant overshadowing that the dwellings on the previous lots 8 and 9 caused to the four adjoining lots to the south. Development that will occur on the vacant lot 9 will need to be carefully designed and it is considered that consideration should be given to single storey construction. As such, the below planning outcome has greater relevance to the assessment of the development.


 

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

The applicant has shown dwelling layouts on the individual lots by virtue of the application also involving dwelling houses on those resultant lots. To avoid duplication, an assessment of the subject dwellings against the abovementioned design criteria is carried out in detail below.

Planning principle: development on small or narrow sites - CSA Architects v Randwick City Council

The Land and Environment Court have established the following planning principle in relation to small or narrow sites:

Where the council has a policy for small or narrow sites, the Court should, where reasonable, apply that policy. (This is a valid principle for all matters before the Court.)

In the absence of a council policy, the assessment of a proposal on a site that is below the preferred area or width should be considered both as a development on its own site as well as in the context of possible developments on neighbouring sites. The following questions should be asked:

Would approval of the application result in the isolation of neighbouring sites?

Would it render the reasonable development of neighbouring sites difficult?

Can orderly, economic and appropriate development of the subject site as well as neighbouring sites be achieved?

The main criterion for assessing the proposal on its own site is whether it meets other planning controls, eg:

Does the proposal meet density, setback and landscaping controls? The most critical control for small and narrow sites is that for setbacks.

Is its impact on adjoining properties and the streetscape worse because the development is on a small or narrow site?

The impact of the development on adjoining lots is minimal in terms of the first questions to be asked under the principle. The development will not isolate adjoining properties, or render adjoining sites difficult to develop; nor will it affect the orderly, economic and appropriateness of development on adjoining lots.

In terms of the second test of the above planning principle; there are no relevant density controls aside from site coverage, which the development is consistent with; nor are there any specific landscaping controls relevant in the context of the above. In relation to setback controls, however, the dwellings proposed on Lots 101 to 110 do not comply with the required front setback controls of 5.5m for garages, and a setback of 4.5m for all other building elements under the DCP. As established by the planning principle, this is the most critical control in the context of smaller lots.


 

In answering the last question, the obvious response would be, yes for the following reasons:

-    In terms of the impact to adjoining properties the narrow lots do not impact unreasonably on lots external to the development site. The impacts arise, however, when looking at the relationship of one lot to the other in the Torrens Title lots. For example, the narrow nature of lots, coupled with the orientation and height and bulk of each of the proposed dwellings on each of the adjoining lots to the north, results in poor solar access and visual bulk impacts.

-    In terms of streetscape, the design of the dwellings responds mostly to the width, size and shape of the prosed lots, with emphasis seemingly placed on architectural detailing rather than the design responding more appropriately to the constraints of the site. This inevitably results in 10 garages being the dominant element within the streetscape. This element of the design is inconsistent with nearly all examples of other garages in the surrounding precinct. Additionally, the reduced setback affects the ability for tandem parking to occur wholly within those lots, which has the potential to impact on the public realm by reducing pedestrian links if people stack park at the front of those garages over the footpath.

-   The size and shape of a lot is a fundamental consideration in the assessment of any subdivision in providing for future development opportunities of those lots. In relation to Lots 101 to 110, a strong argument could be mounted that these lots are insufficient in terms of their size, shape and mainly width, particularly due to the orientation of the land even after the most recent amendment.

·    Up to 25% of new subdivisions comprise small lots in dispersed locations.

All of the lots contemplated in this application comprise small lots. There is no dispersal of lots as sought by this outcome.

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

Lots 101-110, being the Torrens Title lots, will all have direct frontage and access to the proposed public road that will link Pearl Court and Emerald Street. All of the lots within the Community Title subdivision except for Lot 10 will have direct frontage and access to the Community property. Lot 10 will not have frontage or direct access to the Common property, however, legal access will be achieved via a right of access over the adjoining Lot 11. This is not ideal as a car stack parked on lot 11 will restrict access to lot 10. A condition is attached requiring the prohibition of parking in this area under the community title scheme. The Community lot will have direct access to the public road.

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

The subdivision design and construction will be required to comply with the Orange Development and Subdivision Code.  Conditions of consent addressing this issue will be required to address this issue.


 

Subdivision in North Orange - Waratahs Precinct

The DCP sets the following (applicable) Planning Outcomes in regard to urban residential subdivision specifically relating to the Waratahs precinct.

·    The subdivision layout is generally in accordance with the Conceptual Subdivision Layout (Appendix 16.6).

The proposed subdivision adopts an altered lot layout to that which was envisaged under the Waratahs DCP. The applicant has provided the following justification in support of varied layout:

The Conceptual Layout has already been varied as a result of the approval of DA 458/2011. Further variations of the Conceptual Layout to accommodate this latest is justified as follows:

The link between Pearl Court and Emerald Street (as originally encouraged by the Conceptual Layout) is to be reinstated.

The proposal retains residential development adjacent to the existing residential neighbourhoods in Pearl Court and Emerald Street.

The proposal provides a pedestrian linkage to connect the residential neighbourhood to the east with the North Orange Shopping Centre.

Whilst the proposal contemplates smaller lots than were originally indicated in the Conceptual Layout; this SoEE demonstrates that a reasonable level of residential amenity can be achieved. The proposed site layout and building design is intended to create a distinct residential environment. The character and identity of the development is influenced by building design that maintains a common theme and consistent use of materials. The proposed road configuration and location of the site at the termination of Pearl Court and Emerald Street will create a separate and integrated community, without disruption to the lower density residential setting that adjoins the site to the east.

It should be noted that medium density housing is not an entirely unexpected element of the immediate land use pattern. The original Conceptual layout provided for a unit development site within the northern section of the subject land.

Council staff generally agree with the above. The original conceptual layout provided for a link between Pearl Court and Emerald Street as opposed to the cul-de-sac bowls at the end of each of those respective roads under the recent subdivision approved on the land. However, the location of the road proposed under this application is in a different location.

Notwithstanding this, the proposition of the road in the location it is proposed is not likely to present any material impact upon the existing adjoining lots. Additionally, the likelihood of units to the northern extremities of the subject land was envisaged under the conceptual layout plan. For these reasons the altered layout is considered acceptable.


 

·    Onsite stormwater detention basins and drainage reserves are provided.

Relevant conditions are attached in relation to stormwater management of the site.

It should be noted that with the staging of the development being the creation of individual lots first, and then the construction of dwellings on resultant lots; there would be nothing preventing someone from proposing a completely different type of dwelling on one the resultant lots which could comply with solar access if not for the height and bulk of the dwelling on the adjoining land to the north. This could potentially create issues into the future should this scenario transpire. Council should take this scenario into account when determining the application.

DESIGN ELEMENTS FOR RESIDENTIAL DEVELOPMENT

Streetscape

Objectives:

·   To ensure that the development fits into its setting and environmental features of the locality;

·   To ensure that the appearance of housing is of a high visual quality, enhances the streetscape and complements good quality surrounding development;

·   To ensure that new development complements places with heritage significance and their settings in a contemporary way.

·   To develop a sense of place with attractive street frontages

·   To encourage visually appealing cohesive streetscapes

·   To create a safe and secure environment

·   To provide consistent design elements that protect private investment

An assessment of how the development responds to the applicable streetscape objectives is considered below.

Neighbourhood Character

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

·      Site layout and building design enables the:

-    creation of attractive residential environments with clear character and identity

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

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

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

The character and identity of a particular area is influenced by the intricate interrelationship of the public and private realms, taking into account the qualitative interplay of built form, vegetation and topographic characteristics; all of which contribute to creating a unique neighbourhood character.


 

The neighbourhood in which the subject land is located is characterised as a recently established residential area commonly referred to as “Waratahs”; consisting of a variation of residential lot sizes and density. Land uses in the vicinity range from residential to the east, commercial or non-residential development immediately adjoining in the form of adjoining childcare centres to the south and west (approved not yet built) and residentially zoned land to the north being used for recreational purposes, ie the Waratahs sporting complex. Moreover, further non-residential development exists in the vicinity in the form of the North Orange shopping centre and McDonalds Restaurant. The subject land is near the edge of the non-residential precinct within the overall Waratah Neighbourhood. Therefore, the character of this parcel of land is atypical to the majority of land within the Waratahs precinct.

Emerging dwellings in the recently established residential precinct comprise predominately single storey dwellings of various sizes; mostly contemporary in style with hip roofs, masonry construction, aluminium windows and attached garages presenting to the street frontage. The development pattern comprises consistent setbacks and rhythm of buildings and associated open space. There is minimal significant vegetation or examples of established trees within the immediate precinct and the land is largely flat, with minimal slope in the immediate surroundings. The surrounding street pattern consists of local roads feeding off local collector roads, with predominately grassed footpaths planted out with young tree species.

The spatial setting of the subject land, being located at the terminus of Pearl Court and Emerald Street and being at the edge of a precinct of non-residential development, and because of this it is considered that there arises opportunity for a development that responds differently in terms of built form, as well as opportunity for an increase in density without unreasonably impacting upon the established character of the surrounding residential precinct.

The spatial characteristics afforded to the subject land, in concert with the common theme and consistent use of materials proposed throughout the entire development, will not result in a development that is incongruous with the surrounding neighbourhood character to the extent that the development would be unacceptable.

However, there may be landowners in the immediate vicinity that would anticipate that development of this land would occur as provided for in the Waratahs Concept plan.

Building Appearance

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

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

·    The frontages of buildings and their entries face the street.

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


 

The design and detailing of the proposed dwellings will adopt a common theme and consistent use of materials, whilst providing variants of elevation schemes and façade treatments whilst responding to the consistent theme. It is submitted by the applicant that this approach will provide visual interest and variation within the streetscape.

The proposed development, particular units 101–110 will not relate to the desired neighbourhood character of the Waratah residential precinct. However, as described above, the location of the subject site near the edge of non-residential development in this area provides opportunities for variations to the built form of the neighbourhood.

The dwellings are described as rectilinear in built form with an emphasis on vertical and horizontal elements, two stories in height with low pitched roofs falling to the rear or skillion style. Double garages are an obvious and dominant feature within the front elevation and comprise more than 50% of the frontage; however, the two storeys in height and the varied use of external materials, finishes and form assist in reducing/ softening the dominance of garages.

For the dwellings proposed on Lots 101 to 110, front doors are orientated to the street for four of the ten dwellings, with security gates proposed to serve as a means of identifying the front entrances for the remaining dwellings. Projecting pergolas forward of the building line are proposed to break-up and add visual interest to the front elevation of the dwellings, whilst also assisting in identifying front entrances.

The applicant acknowledges that the DCP encourages garages to be recessive elements and that dwellings should address the street with front doors and glazing related to internal living areas.

In this regard the applicant provides the following in support of the application:

A variation of the DCP requirements is sought on the grounds that the design concept for the development does not intend to reflect a conventional residential streetscape. Rather, the development is intended to represent an integrated medium density housing estate, essentially contained and distinct from the adjoining low density neighbourhood to the east.

It is submitted that an attractive and varied streetscape will be created via the varied facade treatments for each dwelling including:

Adoption of varying roof heights; slightly changing angles; and different fascia treatments to add visual interest to the public road view corridor.

Generous first floor glazing and balconies that face the street.

Timber pergolas at ground floor level to identify building entrances and also add visual interest to the design.

Mixed external materials, colours and finishes that distinguish each dwelling but remain consistent with the overall design theme of the development.

The architectural treatment to front façades will assist with integration of garage doors. The expansive horizontal glazing and balcony treatment to the front façade at first floor level will improve the dwelling presentation to the street.

Proposed landscaping along the site frontage.


 

As mentioned above, the architectural detailing will be suitable in the context and setting of the subject land. Whilst it would be ideal for the front doors of all of the dwellings to address the street, given the spatial setting and the characteristics of the proposed development, the absence of front doors addressing the street for five of the ten dwellings will not result in unacceptable streetscape compatibility. Moreover, the entrance gates and projecting pergolas (aside from the fact that they encroach within the required setback) will serve the purposes of defining the frontage of the respective dwellings.

The location of front doors addressing the street is important from a streetscape perspective as one consideration, but it is also important from a safer by design and crime prevention perspective. For those dwellings without a front door addressing the street, the proposed security gate will achieve a similar purpose by providing territorial reinforcement and opportunity for casual surveillance of the front setback area. This is further considered below under the heading “Security”.

Heritage

Heritage considerations are addressed above under the LEP considerations.

Setbacks

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

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

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

The following assessment is provided in relation to the dwellings located on Lots 101 to 110. The setback provisions are less pertinent for the dwellings within the Community Title subdivision.

Consistent setbacks are a predominant feature of the Waratah neighbourhood character.

The dwellings proposed upon Lots 101 to 110 are proposed to be set back 4m to the front building line, which in all cases relates to the double garages. Additionally, the plans show a projecting open style pergola over the entrances for Lots 101, 103, 104, 106 and 108. This element will be set back approximately 3.3m for the structure proposed on the above-mentioned lots.

The DCP requires that garages be set back 5.5m from the front boundary and 4.5m for all other elements; ie the pergola structures will encroach on this setback requirement. The proposed dwellings on Lots 101 to 110 do not comply with the above planning outcomes.

The applicant provides the following commentary in support of the departure from the above planning outcomes:

A variation of the above guidelines is requested to enable the garages for proposed Dwellings 1 to 12 to have a front boundary setback of 4 metres. The variation is sought on the following grounds:

·     In terms of pedestrian and traffic amenity, preliminary consultation with Council planning and engineering staff during the design phase indicates that this setback would be acceptable to Council subject to:

-   Provision of a 2.5 metre wide footpath on the western side of the new public road; and

-   The concrete footpath (width to be determined) is to be located immediately adjacent to the kerb and gutter to facilitate unimpeded pedestrian travel around any vehicles that may overhang the footpath as a result of tandem parking in front of a garage.

·     The proposed site layout and road configuration will create a separate and integrated community with its own architectural theme and character, without disruption to traffic flow associated with the existing residential neighbourhoods to the east.

Council staff dispute the first point and generally agree with the second point above. The setbacks of the proposed dwellings are not likely to be such that they will result in people who are traversing the proposed road having feelings of intimidation or enclosure.

During negotiations with the applicant it was requested by the applicant that a 2m setback be accepted by Council. Council staff expressed significant concern with a 2m setback, as a setback of this distance would have a twofold effect on the streetscape. Firstly, it would not practically allow for stacked parking to occur wholly within the site, creating a cumulative impact in surrounding streets; and secondly, a 2m setback would be unacceptable in terms of streetscape compatibility and create feelings of overpowerment and enclosure, particularly bearing in mind the height and bulk of the proposed dwellings.

It would be ideal for the dwellings to comply with the requisite setback requirements under the DCP and a design outcome could be achieved that resulted in the dwellings being consistent with setback requirements without compromising other aspects of the DCP.

The non-compliance in relation to front setbacks is not ideal and the encroachment adds to the cumulative effect of the development.  Notwithstanding this, if this was the only issue of non-compliance Council staff would be prepared to accept it based on the separation / isolation of this lot from nearby residential development i.e. no other lots or dwelling directly front this site.

However, the development with the proposed 4m setback is inconsistent with the relevant setback requirements of the DCP. With the most recent reduction in the number of dwellings in this section of the site there is a greater provision of open space and therefore opportunity to set the dwellings 0.5m further to the west which will result in a setback of garages of 4.5m. This would improve the development twofold. Firstly, it would improve the presentation of the dwellings within the proposed public road and streetscape, particularly with the height and bulk of the proposed dwellings and secondly, it would provide additional area for stacked parking as detailed above. Notwithstanding this, the DCP requires garages to be setback 5.5m and should Council be of the view that the departure from the DCP contributes to the cumulative impacts of the development in such a way that it is considered beyond what Council is prepared to consent to, it would be necessary to resolve that the application be refused.


 

Bulk and Scale

Objectives:

·   To allow flexibility in siting buildings and to ensure that the bulk and scale of new development reasonably protects the amenity of neighbouring properties and maintains appropriate neighbourhood character.

·   To allow adequate daylight, sunlight and ventilation to living areas and private open spaces of new and neighbouring developments.

·   To encourage the sharing of views, while considering the reasonable development of the site.

The proposed development is considered to be inconsistent with the objectives of the DCP in relation to bulk and scale. The objectives seek to protect the amenity of adjoining properties and maintain an appropriate neighbourhood character as well as allow adequate daylight, sunlight and ventilation to living areas and private open space of new and neighbouring development.

As detailed below, the proposed dwellings on lots 101 to 110 will encroach within the visual bulk envelope by approximately 4.5m on the southern boundary due to the zero lot setback to the southern boundary. The visual bulk of these dwelling of the northern boundary has improved with the additional width to lots and result in a very minor encroachment along the dwellings respective northern boundary of the C type dwellings at the site frontage. The “D type” dwellings will comply along their respective northern boundary. The benefit of the compliant visual bulk envelopes along the dwellings respective northern boundary are not fully appreciated due to the large encroachment (length and height) along the southern boundary. This has the effect of impacting upon the amenity of the dwellings respective southern neighbour by way of visual impact and overshadowing.

In addition to the above, the development is considered to be inconsistent with the planning outcome under the DCP that requires setbacks to be progressively increased to reduce bulk and overshadowing. The development at the street frontage will be incompatible with the scale of existing built form.

Whilst the DCP allows and encourages buildings to be built on the boundary in order to more efficiently utilise available land, it does however specify that the built form should not extend for more 15m or 50% of the respective boundary to provide adequate visual relief. The proposed dwellings on lots 101 to 110 do not comply with this requirement and will result in unacceptable visual impacts upon the respective southern dwellings on Lots 101 to 109. The design of the dwellings is effectively back to front, meaning the recessed elements exist along the northern boundary, when far greater benefits would be derived if the recessed elements existed on the southern boundary. This would reduce the visual bulk impacts experienced by the respective dwelling to the south and improve the opportunity for better solar access.

As further discussed below the positioning of the walls on the boundary given the height of the buildings in this case will impact upon the availability of daylight and sunlight into living areas. Whilst the proposed development form for this aspect of the development represents a common theme within this proposal and future occupants at the time of occupation will be aware of such, it will still remain as a significant impact upon occupiers.


 

An assessment of how the development responds to the applicable bulk and scale objectives is considered in detail in the following assessment.

Visual Bulk

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

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

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

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

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

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

-   building to the boundary where appropriate.

The DCP requires dwellings to be contained within the prescribed envelopes generated by planes projected at 45o over the site commencing 2.5m above existing ground level from each side and rear boundary.

As indicated previously the neighbourhood character of the Waratah Hills residential area is characterised by single storey dwellings of consistent setback with regular rhythm between buildings and associated private open space and site coverage of generally less than 50% which contribute to the low density nature of the neighbourhood.

As can be demonstrated on the plan identified as “Visual Bulk Envelope Studies”, the development generally complies with the above requirement when considering the impact of the development on external boundaries of the development site. Some minor encroachments are observed from the subject plan, most notably section 7. It is also noted that dwellings on Lots 10 and 11 are sited further north on their respective lots. A such, the encroachment shown on section 6 (see attached) will be slightly greater when taking into account the closer distance to the northern boundary.

However, most of these encroachments relate to eave overhangs and a marginal upper portion of the building.

The applicant provides the following by way of justification for the minor encroachments to external boundaries:

In relation to the external boundaries of the development site, and as depicted in Drawing 05.016, the proposed dwellings generally comply with the VBE, bearing in mind the DCP permits minor encroachments attributed to eaves and gutters.

In terms of Lots 10 and 11, again this encroachment is considered acceptable. Although the adjoining land is zoned residential and the potential exists for residential development to occur on it at some point in the future, it is likely that the land will continue to be used for recreational purposes; and again, this is a less sensitive land use than a residential land use.


 

It should be noted that the revised design has appropriately responded to Council’s initial concerns as well as some of the submitters’ comments in relation to visual bulk impacts likely to be experienced on adjoining land. This has been achieved by reducing the number of dwellings adjoining Waratahs land, which in turn affords a greater separation distance of the dwellings on Lots 10 and 17 to their respective western and eastern boundaries. The same situation was achieved at the interface of the development and Lot 237 Emerald Street (see attached).

As mentioned above, the development effectively involves a number of individual dwellings and subdivided lots being assessed concurrently. As such, an assessment of the visual bulk of proposed dwellings upon resultant lots is required.

In regards to the built form on Lots 101 to 110, none of the subject dwellings will achieve the above requirement when considering the visual bulk envelopes internally within the site, some more so than others along the dwellings respective southern boundary due to due to the fact that these dwellings are two storeys and are to be erected almost on the boundary (200mm off). The reduction in the number of dwellings in this section of the site results in the dwellings largely complying along their respective northern boundaries.

The only dwellings that will achieve compliance with the requirements that relate to visual bulk will be dwellings 101-110 (following the most recent amendments) however this compliance only relates to the northern side of those dwellings. The non- compliance essentially arises from the 2 storey construction, the limited width of the lots and the erection of the dwellings either on a boundary or only within 200mm from the boundary.

However limited benefit is derived from that compliance as occupants of the complying dwellings will be presented with a 2 storey building of considerable length on the boundary, thus affecting their visual amenity ie loss of outlook beyond the site, extensive visual bulk encroaching on their general outlook from within their dwelling and part of the open space and overshadowing of their property, whilst the occupants of the adjoining dwelling to the north will be only able to enjoy the visual amenity created by the complying visual bulk setback of the dwelling to the south from their rear section of private open space.

A similar result would be experienced within the Community Title subdivision component, however, to a lesser extent as the dwellings are semi-detached (aside from Lots 6 and 7), with underutilised side boundaries experiencing the greatest extent of the encroachment internally within these lots.

The applicant acknowledges the non-compliance internally within the development by submitting the following:

Within the development itself, the proposed new dwellings in relation to each other will not comply with the VBE. However, the visual bulk impacts are considered satisfactory in the sense that each of the proposed dwellings shares a consistent development form as part of an integrated residential development.

Whilst the dwellings do have a consistent development form (i.e. it has its own neighbourhood character) it is difficult to agree that the visual bulk impacts are satisfactory as claimed by the applicant. The proposed development is significantly inconsistent in that each adjoining building will be visually dominant and the opportunity for a reasonable outlook (visual amenity) from certain parts of the site are limited.


 

The greater problem arises due to the interrelationship of the bulk of a building, proximity from one building to the other and availability of solar access, which is considered in detail below. The interplay of these three factors results in significant cumulative impacts.

Site Coverage

The applicant submits the following site coverage assessment. The assessment has been calculated using ground floor areas. It is noted that some floor plans show small protruding elements in the first floor plan which would increase the site coverage calculations. Notwithstanding this, the extent of the additional footprint between the ground floor plans and the first floor plans would amount to around 3% or 4%, and are therefore immaterial. As evident in the below table, all the lots are well below the 60% requirement of single dwellings:


Dwelling on Lot

Dwelling Type

Building Footprint (m2)

Site Area (m2)

Site Coverage (%)

101

D1

97.35

491 (Lot 101)

20

102

C3

110.17

323 (Lot 102)

34

103

D2

97.35

323 (Lot 103)

30

104

D1

97.35

323 (Lot 104)

30

105

C3

110.17

323 (Lot 105)

34

106

D2

97.35

323 (Lot 106)

30

107

C3

110.17

323 (Lot 107)

34

108

D1

97.35

323 (Lot 108)

30

109

C2

110.17

323 (Lot 109)

34

110

C1

110.17

227 (Lot 110)

48

CL 2

A1

72.47

251 (Comm. Lot 2)

28.9

CL 3

A1

72.47

178 (Comm. Lot 3)

40.7

CL 4

A2

72.47

179 (Comm. Lot 4)

40.5

CL 5

A2

72.47

201 (Comm. Lot 5)

36.1

CL 6

E1

82.19

255 (Comm. Lot 6)

35.3

CL 7

E1

82.19

235 (Comm. Lot 7)

35.4

CL 9

Vacant lot

CL 10

B1

87.57

282 (Comm. Lot 10)

31.1

CL 11

B1

87.57

236 (Comm. Lot 11)

37.1

CL 12

B2

87.57

257 (Comm. Lot 12)

34.1

CL 13

B2

87.57

257 (Comm. Lot 13)

34.1

CL 14

B1

87.57

256 (Comm. Lot 14)

34.2

CL 15

B1

87.57

254 (Comm. Lot 15)

34.4

CL 16

B2

87.57

231 (Comm. Lot 16)

37.9

CL 17

B2

87.57

274 (Comm. Lot 17)

31.9

The proposed development is consistent with the 60% site coverage requirement for single dwellings.


 

Walls and Boundaries

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

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

-   the privacy of neighbouring dwellings and private open space

-   the access to daylight reaching adjoining properties

-   the impact of boundary walls on neighbours.

All of the proposed dwellings comprise a zero lot setback, some only 200mm off side boundaries; whether the dwellings be detached or partly detached as evident for the dwellings on Lots 101 to 110 and Lots 6 and 7 in the Community Title subdivision, or semi-detached as evident on the remaining lots.

As established within the planning outcome, building to the boundary can provide an efficient use of land provided that privacy and solar access are taken into account.

Lot 110 and Lots 7 to 17 work reasonably well in terms of solar access and privacy due to orientation and location in relation to adjoining development, and now lots 2 to 5 with the deletion of the dwellings on lots 8 and 9.

Lots 101 to 109 are particularly problematic, not in terms of privacy but more so in terms of the width of lots, solar access and visual bulk in relation to the length of the building on the boundary and the two storey height. This is fundamentally due to the orientation of the lots and bulk of adjoining development.

Landcom’s housing diversity guide (DRAFT) dated August 2009 provides the following guidance

Zero setbacks should only be permitted for certain orientations:

·     North-south orientated lots, with north facing rear yards and primary living space can accommodate zero setbacks on side boundaries.

·     East-west orientated lots should be zero-lotted on the southern boundary, but only if the zero lots house is single storey at the zero lot boundary. ‘Courtyard’ style homes with north facing courtyards are the preferred house type for east-west zero lotted properties.

If these conditions can be met, zero side setbacks should be permitted for compact lots.

The dwellings proposed on Lots 101 to 110 (albeit that the dwelling on 110 complies with solar access) are proposed at two storey in height. This is fundamental to the poor performance in terms of the solar access and visual bulk for these dwellings.

The above comments from Landcom are logical in that the intent for zero-lotted east-west lots to comprise only single storey dwellings is to avoid precisely the situation that is present with this development. That is, the performance of the dwellings on Lots 101 to 109 in terms of solar access to north facing windows is below what is required by the DCP.


 

Opportunity may exist for a more compliant development and higher performance in terms of energy efficiency if the first floor was reduced in area, with single storey proposed for the rear half of the dwellings on Lots 101 to 110. However, a detailed analysis of this form of development exceeds Council’s function as the consent authority in determining what has been submitted to Council.

It should be made clear that the above referenced document is intended to be a guide only and carries no statutory weight, but it is useful when considering orientation and zero setback development.

The DCP requires, where buildings are proposed on the boundary, to be a maximum of 15m or 50% of the side boundary length. The development exceeds this requirement. The dwellings on 101 to 110 are 22m in length, thus exceeding the 15m requirement and in relation to the length of the side boundary, the dwellings will be 70% of the length of the side boundary. Therefore, the dwellings will provide little visual relief to the adjoining lots.

Daylight and Sunlight

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

·    Buildings are sited and designed to ensure:

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

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

-   consideration of Council’s Energy Efficiency Code.

Shadow diagrams have been prepared in support of the proposed development. In consideration of the DCP provisions the following is provided.

For ease of assessment the daylight and sunlight analysis has been split up into four parts under each of the headings below for both north facing windows and private open space. Those four parts being; surrounding development, Lots 101-110, Community Title Lots 2-9, and finally Community Lots 10-17.

Overshadowing of North Facing Windows

According to the DCP Guidelines and Council’s Energy Efficiency Code, which is essentially redundant – as relevant provisions have been included in the DCP and the remainder being replaced by SEPP BASIX,- sunlight to at least 75% of north-facing living area windows within the development and on adjoining land is to be provided for a minimum of four hours on 21 June; or not further reduced than existing where already less.

Surrounding Development

The development is not likely to unreasonably impact upon any north facing windows of dwellings on adjoining lots. This is mostly due to the factors of orientation and separation. The greatest impact arising from the proposed development evident on an adjoining lot is the shadow cast by primarily the dwelling on Lot 7 upon the dwelling on Lot 237 (9) Emerald Street to the east.


 

The applicant submits the following in relation the above:

The greatest effect is on 9 Emerald Street. Extrapolation from the shadow diagrams indicates that the north facing windows of this dwelling would not be affected by shadow for at least the period 9am to 1pm on 21 June. As such the development is consistent with this aspect of the DCP.

The extent of the overshadowing relates mostly to bedrooms located on the northern side of that dwelling. As such, the development is considered acceptable in regards to overshadowing of north facing windows of adjoining properties.

As indicated previously a number of plans submitted with the application, including those relating to solar access have been inaccurate and inconsistent which has resulted in Council staff having to spend a significant amount of time determining the effect of overshadowing and the like.

Lots 101-110

As mentioned above, the orientation, height, location and bulk of the proposed dwellings results in the development achieving poorly in terms of solar access to the ground floor, north facing living room windows of dwellings on Lots 101- 109. The dwelling on Lot 110 benefits from a separation distance of 14m to the nearest dwellings to the north, and as such performs better in terms of solar access; but the requirement of a fence in the location of the private open space will reduce the amount of solar access slightly.

The applicant has provided the following in relation to solar access for the abovementioned lots:

Solar Access to Living Areas, Dwelling D

North Facing Glazing of Living Area Windows = 16.12m2

Required sun to north-facing living area glazing = 12m2 for 4 hours between 9am – 3pm on 21 June

It is requested that Council accept that the west facing windows will contribute to solar access. The proposed west facing glazing is considered acceptable in cool temperate climate areas such as Orange. In this regard, the Australian federal government publication Your Home, Australia’s Guide to Environmentally Sustainable Homes contemplates the use of adjustable shading to some west-facing glass areas to boost afternoon solar heat gains in winter and allow variable solar access in spring and autumn. On this basis, solar access to Dwelling D is summarised as follows

Window

Noon

1pm

2pm

3pm

Study first floor

2.16m2

2.16m2

2.16m2

2.16m2

Family ground floor

0.36m2

0.72m2

-

-

Kitchen dining ground floor

0.54m2

1.08m2

-

3.24m2

Living ground floor

0.54m2

3.6m2

6.48m2

6.48m2

Sub total

3.6m2

22%

7.56m2

47%

8.64m2

54%

11.88m2

74%

Western window to living

-

10.08m2

Modest penetration

10.08m2

Good penetration

10.08m2

Good penetration

TOTAL

3.6m2

17.64m2

18.72m2

21.96m2

Total % including western windows

22%*

109%*

116%*

136%*


 

 

Solar Access to Living Areas, Dwelling C

North Facing Glazing of Living Area Windows = 19.17m2

Required sun to north-facing living area glazing = 14.7m2 for 4 hours between 9am – 3pm on 21 June

It is requested that Council accept that the west facing windows will contribute to solar access. The proposed west facing glazing is considered acceptable in cool temperate climate areas such as Orange. In this regard, the Australian federal government publication Your Home, Australia’s Guide to Environmentally Sustainable Homes contemplates the use of adjustable shading to some west-facing glass areas to boost afternoon solar heat gains in winter and allow variable solar access in spring and autumn. On this basis, solar access to Dwelling C is summarised as follows

Window

Noon

1pm

2pm

3pm

Family first floor

4.32m2

4.32m2

4.32m2

3.28m2

Family ground floor

0.36m2

0.72m2

-

-

Kitchen dining ground floor

0.54m2

1.08m2

-

0.6m2

Living ground floor

0.54m2

2.08m2

5.28m2

6.48m2

Sub total

5.76m2

30%

8.2m2

42%

9.6m2

50%

10.36m2

54%

 

Western window to living

-

10.08m2

Modest penetration

10.08m2

Good penetration

10.08m2

Good penetration

TOTAL

5.76m2

18.28m2

19.68m2

20.44m2

Total % including western windows

30%*

95%*

103%*

107%*

* The above figures represent the aggregate total of solar access to both north facing living room windows and west facing living room windows. The applicant is effectively arguing that the same sun will be entering the western orientated window (albeit of a more acute angle), as the sun entering the north facing windows; and therefore provides the same value when considering solar access.

When looking at the development, the respective dwellings perform reasonably poorly in terms of solar access when looking at the north facing windows in isolation. However when looking at both north facing and west facing living room windows, the amount of solar access and the level of energy derived from this solar access shows that the dwellings will achieve a reasonable outcome. Additionally, the level of solar amenity will not be unreasonable due to the size of the windows within the northern elevation and will provide for a reasonable level of daylight (not sunlight) into the dwellings.

It should be made very clear however, that the development does not comply with the numerical standards under the DCP. To further guide the decision of Council it is prudent to refer to the relevant planning principle.


 

Planning Principle - The Benevolent Society v Waverley Council

Where guidelines dealing with the hours of sunlight on a window or open space leave open the question what proportion of the window or open space should be in sunlight, and whether the sunlight should be measured at floor, table or a standing person’s eye level, assessment of the adequacy of solar access should be undertaken with the following principles in mind, where relevant:

·       The ease with which sunlight access can be protected is inversely proportional to the density of development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain it is not as strong.

Not relevant to this discussion.

·       The amount of sunlight lost should be taken into account, as well as the amount of sunlight retained.

Not relevant to this discussion.

·       Overshadowing arising out of poor design is not acceptable, even if it satisfies numerical guidelines. The poor quality of a proposal’s design may be demonstrated by a more sensitive design that achieves the same amenity without substantial additional cost, while reducing the impact on neighbours.

It would be difficult to sustain a line of argument that an alternate design could not be achieved that would present a more appropriate outcome in terms of solar access; whether that be greater separation achieved at the subdivision stage by virtue of wider lots, or alternatively, a building design approach that incorporates single storey portions to the western half of the dwellings. Notwithstanding this, through ongoing negotiations with the applicant the design has progressed to a point that Council staff are reasonably satisfied that the level of solar amenity and energy efficiency afforded to future occupants of the dwellings is acceptable.

·       For a window, door or glass wall to be assessed as being in sunlight, regard should be had not only to the proportion of the glazed area in sunlight but also to the size of the glazed area itself. Strict mathematical formulae are not always an appropriate measure of solar amenity. For larger glazed areas, adequate solar amenity in the built space behind may be achieved by the sun falling on comparatively modest portions of the glazed area.

It is noted that the northern elevations of the respective dwellings on lots 101 to 110 are provided with generous areas of glazing. As such, the amount of daylight or reflected light in to the living areas of these dwellings will be acceptable. There is always the difficult balancing act when it comes to assessing solar access purely against numerical standards. The applicant could opt to reduce the size of the windows and result in a development that is closer to the numerical figures under the DCP.


 

However, the above planning principle is attempting to avoid this scenario by saying numerical figures are not always appropriate and the same amount of solar access would result if the amount of north facing glazing was to be reduced; but as a trade-off, doing so would result in a lesser standard of amenity by reducing the amount of glazing to the north and therefore result in a less desirable outcome. With this in mind, the development is considered acceptable (but not ideal) in terms of sunlight and daylight into the ground floor living areas.

It is also noted that double glazed windows are required under BASIX commitments.

·       For private open space to be assessed as receiving adequate sunlight, regard should be had of the size of the open space and the amount of it receiving sunlight. Self-evidently, the smaller the open space, the greater the proportion of it requiring sunlight for it to have adequate solar amenity. A useable strip adjoining the living area in sunlight usually provides better solar amenity, depending on the size of the space. The amount of sunlight on private open space should ordinarily be measured at ground level but regard should be had to the size of the space as, in a smaller private open space, sunlight falling on seated residents may be adequate.

The additional width now available to the lots has resulted in acceptable solar access to open space areas.

·       Overshadowing by fences, roof overhangs and changes in level should be taken into consideration. Overshadowing by vegetation should be ignored, except that vegetation may be taken into account in a qualitative way, in particular dense hedges that appear like a solid fence.

This has been taken into account in relation to solar access analysis.

·       In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.

A careful and considered design approach will be paramount when contemplating future development on the adjoining lot to the west, particularly when the applicant is relying on solar access to the western windows with respect to this development.

The above assessment and recommended position is seen to be a compromise and is not ideal when considering the importance that should be given to the provision of solar access into residential dwellings and their private open space. 

This should not be construed as to be the setting of a precedent and Council should give sufficient weight to the relevant objectives and planning outcomes under the DCP so as to protect the integrity of the DCP and to achieve a high standard of residential amenity into the future.


 

Community Title Lots 2-9

In relation to Lots 2 to 5 it appears from the solar penetration diagrams that the shadow cast by the adjoining dwellings to the north on Lots 8 and 9 shown on the plans originally submitted has not been accounted for. The applicant has acknowledge this omission and provided additional drawings.  Extrapolating from the submitted shadow diagrams and taking into account the additional shadow cast, dwellings on Lots 2 to 5 were shown not to comply with the DCP. The same situation is evident for the dwelling on Lot 6, however the impacts are not as great as is the case for the dwellings on Lots 2 to 5. As such, the dwellings on lots 8 and 9 have been deleted and the dwellings on lots 6 and 7 have been separated further.

Dwelling

on Lot

Dwelling

Type

Solar Access to North Facing

Living Room Windows

Council’s Assessment

Comments

CL 2

A1

Complies with DCP.

Refer solar penetration diagrams in Drawing 05.016

Agreed - with the deletion of the “F type” dwellings on former lots 8 and 9 (now known as lot 9)

CL 3

A1

CL 4

A2

CL 5

A2

 

CL 6

E1

Complies with DCP.

Refer solar penetration diagrams in Drawing 05.017

The applicant amended the proposal on 11 August 2015 such that the balconies have been removed and greater separation exists between the two dwellings.

Council staff are satisfied that these dwellings are consistent with the relevant  objectives of the DCP.

 

 

CL 7

E1

 

 

CL9

 

Vacant

Future development on this vacant lot should only comprise single storey.

Community Title Lots 10-17

The north orientation and appropriate location of living areas for these units will result in acceptable solar access. The first floor balcony over the ground floor, north facing windows will reduce the amount of sunlight; however, the orientation and no built form on the adjoining parcel will result in an acceptable outcome in terms of solar access.


 

 

Dwelling

on Lot

Dwelling

Type

Solar Access to North Facing

Living Room Windows

Council’s Assessment

Comments

CL 10

B1

Complies with DCP.

Refer solar penetration diagrams in Drawing 05.015.

These diagrams show compliance from 9am to 12pm (i.e. a minimum of 3 hours). Extrapolation from the diagrams suggests that the 4th hour would be achieved between 12pm and 1pm.

CL 10 – Compliant between 9am and 1pm.

CL 11 – Compliant between 11am and 3pm.

Although in both cases direct solar access reduced by balcony most between 11am and 1pm

CL 11

B1

CL 12

B2

CL 12 – Compliant between 9am and 1pm.

Cl13 Compliant between 11am and 3pm.

Although in both cases direct solar access reduced by balcony mostly between 11am and 1pm

CL 13

B2

CL 14

B1

CL 14 – Compliant between 9am and 1pm.

Cl15 Compliant between 11am and 3pm.

Although in both cases direct solar access reduced by balcony most between 11am and 1pm

CL 15

B1

CL 16

B2

CL 16 – Compliant between 9am and 1pm.

Cl17 Compliant between 11am and 3pm.

Although in both cases direct solar access reduced by balcony most between 11am and 1pm

CL 17

B2

Overshadowing of Private Open Space

According to the DCP Guidelines and Council’s Energy Smart Homes Code, sunlight is to be available to at least 40% of the main area of required open space for dwellings within the development and on neighbouring properties for at least three hours between 9am and 3pm.

Surrounding Development

The development is not likely to unreasonably impact upon the solar access to the private open space of dwellings on adjoining lots. This is again mostly due the factors of orientation and separation. The greatest impact arising from the proposed development on adjoining lots is the shadow cast by primarily the dwelling on Lot 7 upon the dwelling on Lot 237 Emerald Street and the dwelling upon Lot 17 cast over the rear yard of Lot 228 Emerald Street.

The applicant submits the following in relation the above:

The diagrams indicate that the greatest effect is on 9 and 15 Emerald Street. Whilst specific percentages are not provided, the diagrams indicate that the private open space for these dwellings would not be affected by shadow for at least the period 9am to 1pm on 21 June. As such the development is consistent with this aspect of the DCP.

Council staff agree with the above comment. In relation to the extent of shadow cast upon Lot 237 Emerald Street, in addition to the above comments being agreed to and aside from the identified error in accurately plotting the adjoining dwelling proximity to the boundary, the impacts are further reduced by virtue of the main area of open space being orientated to the eastern side of the dwelling, which is not impacted upon by the subject development.

A similar situation (but to a lesser extent due to a greater amount of shadow) exists for the private open space associated with the dwelling on Lot 228 Emerald Street. Notwithstanding the greater amount of shadow cast over Lot 228 Emerald Street, the development is compliant in regards to the above planning outcome.

Lots 101-110

The main area of private open space is orientated to the west of each of the respective dwellings, with secondary open space provided adjacent to each dwelling’s respective northern elevation.

As mentioned below, the shadow diagrams to not appear to accurately reflect the heights of fencing which has the effect of altering the impact of overshadowing of the private open space compared to what is shown on the plans. However, with the late amendment to the width of these lots made available by the reduction in two units has resulted in additional open space, which in turn allows for additional open space receiving sunlight.

The applicant submits the following in relation to the private open space:

Dwelling

on Lot

Dwelling

Type

Living area

(m2)

POS

required

(m2)

Unshaded POS

required

(m2)

Solar Access to

POS Performance

in 3 hour period

Council’s

Assessment

Comments

101

D1

130

65

26

Generally complies for at least 2 hours but achieves less sun in final hour due mainly to fence shadows.

The additional width will achieve compliance with the relevant objectives and planning outcomes between 11am and 2pm

102

C1

160

80

32

103

D2

130

65

26

104

D1

130

65

26

105

C2

160

80

32

106

D2

130

65

26

107

C1

160

80

32

108

D1

130

65

26

109

C2

160

80

32

110

D1

130

65

26

The development is acceptable in regards to solar access to open space for dwellings on Lots 101 to 110.


 

Community Title Lots 2-9

Council staff carried out assessment of dwellings within lots 2 to 9 and found that the dwelling on lots previously known as lots 8 and 9 (now vacant lot 9) unreasonably impacted upon the open space of the dwellings to the south and as such the applicant amended the application on 11 August 2015 such that the “F type” dwellings on lots previously identified as lots 8 and 9 has been deleted from the proposal resulting in a larger vacant lot that will be development upon at some stage into the future. The deletion of these dwellings results in the dwelling on lots 2 to 5 complying with Council’s DCP. Comments have been made earlier in this report on the future development of that lot. The applicant has also amended the dwellings on lots 6 and 7 such that the balconies have been removed and greater separation provided between the two dwellings. This amendment results in improved solar access to these dwellings such that these dwellings are acceptable in terms of solar access.

The applicant provides the following in the way of assessment for this component of the development:

Dwelling

on Lot

Dwelling

Type

GFA

(m2)

POS

required

(m2)

Unshaded POS

required

(m2)

Solar Access to

POS Performance

in 3 hour period

Council’s

Assessment

Comments

CL 2

A1

125.88

62.9

25

Dwellings will comply with DCP on the basis that the applicant would forego approval of the dwellings on community lots 8 and 9 and accept a condition that a dwelling on each of lots 8 and 9 is subject to a separate DA .

It is agreed that these dwellings now comply with the DCP with the deletion of dwellings on lots 8 and 9. In relation to the last point former lots 8 and 9 have been absorbed into a single lot, lot 9. The future dwelling on lot 9 should ideally be single storey.

CL 3

A1

125.88

62.9

25

 

 

CL 4

A2

125.88

62.9

25

CL 5

A2

125.88

62.9

25

 

 

CL 6

E1

118.19

59.1

24

Amendments have been made to the plans to demonstrate that the dwelling on Community Lot 6 would now comply with the DCP. 

Agreed. The additional separation distance between dwellings on lots 6 and 7 means dwelling 6 will comply with DCP.

 

 

CL 7

E1

118.19

59.1

24

Complies

Compliant

CL 8

 

Vacant lot

 

 


 

Community Title Lots 10 -17

The applicant submits that the development complies in relation to the relevant planning outcome. An assessment of the submitted shadow diagrams indicates that this is the case except for the dwellings on Lots 11 and 16. The distance of these dwelling’s respective side boundaries is less than 3m, and as such cannot be included as open space; and is therefore discounted in the calculation of assessment of solar access. Notwithstanding this, the location and orientation of the open space means that solar access will be provided to the majority of the main area of private open space between 11.30am and 1.30pm, and is considered acceptable.

Dwelling

on Lot

Dwelling

Type

GFA

(m2)

POS

required

(m2)

Unshaded POS

required

(m2)

Solar Access to

POS Performance

in 3 hour period

Council’s

Assessment

Comments

CL 10

B1

135.25

67.63

27

Complies

Non-compliant

Will comply only between 11.30am and 1.30pm. Shadow attributed to fencing.

CL 11

B1

135.25

67.63

27

CL 12

B2

135.25

67.63

27

CL 13

B2

135.25

67.63

27

CL 14

B1

135.25

67.63

27

CL 15

B1

135.25

67.63

27

CL 16

B2

135.25

67.63

27

CL 17

B2

135.25

67.63

27

 

The applicant makes the following further comment in support of the development in relation to the daylight and sunlight provisions:

·    As expressed throughout this report, the proposal represents a style of housing development that is not contemplated in DCP 2004 – 07. Rather, the style of development proposed in this application is reflective of the subdivision pattern and housing types that are contemplated and encouraged in the recently adopted Shiralee DCP. As Council would be aware, the Shiralee Masterplan supports compact lots, zero building alignments and higher density precincts such as that proposed in this application.

·    The proposed lots in this development are narrower but somewhat reflective of the Compact Lots as referred to in the Lot Typologies in the Shiralee DCP. In this regard, many of the proposed lots have their long axis running east west; the private open space areas are open to the north; and each lot is subject to less than 60% site coverage. However, the attributes of Compact Lots (in this development and quite possibly in the Shiralee development) will not accommodate the solar access requirements that are stipulated in Orange DCP 2004 – 07. This is largely due to the fact that the each narrow lot will be subject to the shadow impacts caused by its own dwelling; the boundary fences; and the neighbouring dwelling to the north.

·    The development is considered satisfactory in terms of thermal comfort and energy efficiency. In this regard each dwelling is assessed in accordance with BASIX. The BASIX Certificate provided for each dwelling confirms that it will meet the NSW government's requirements for sustainability, if it is built in accordance with the commitments set out in the Certificate.

·    The proposed dwellings on Lots 101 to 111 achieve the least amount of direct northern sun to ground floor living areas. Whilst a strong northerly aspect is desirable, the proposed west facing glazing is considered acceptable in cool temperate climate areas such as Orange. In this regard, the Australian federal government publication Your Home, Australia’s Guide to Environmentally Sustainable Homes contemplates the use of adjustable shading to some west-facing glass areas to boost afternoon solar heat gains in winter and allow variable solar access in spring and autumn. The proposed dwellings on Lots 101 to 111 would be satisfactory in this regard.

In consideration of the development in regards to solar access and the identified non-compliance outlined above, guidance can be taken from recent case law. Relevantly in the recent case Doolan v Strathfield Municipal Council, the court considered a multi-dwelling housing development comprising 11 x four bedroom townhouses. The Commissioner referred to another recent case that allowed flexibility under the Residential Flat Design Code relating to SEPP 65 for a Residential Flat Building which has recently been revised. In the aforementioned case, the court allowed flexibility in the application of the applicable solar access provisions [this is referred to below as the rule of thumb in the RFDC]. In Doolan however, SEPP 65 was not strictly applicable, nonetheless the commissioner noted that:

On the question of solar access, I agree with the conclusions of Ms Levy, that while not optimal, the proposed development is acceptable in terms of solar access. I accept that strict compliance with the DCP requirements is difficult given the orientation of the site and the shadows cast by the internal courtyard walls. Ms Gordon's suggestion that the development be reorientated may potentially achieve a higher number of compliant townhouses however any theoretical design may also raise other issues. There are always alternate designs available but the question that needs to be answered is whether the proposed development is acceptable and not whether there is another suitable design for the site. While not strictly applicable, the Rule of Thumb in the RFDC, highlights that strict compliance is often difficult to achieve and consequently provides a sensible level of flexibility in the provision of solar access. The DCP adopts a similar flexible approach (but without quantifying any variation) in cl 2.4.2.2, where it states that the "following guidelines indicate the preferred levels of solar access for new developments, and any departures from these standards will require justification that resulting energy efficiency and solar access is acceptable". I am satisfied that sufficient justification has been provided by Ms Levy to support the variation to the DCP requirement

Orange DCP 2004 is also performance based and allows similar avenues to an applicant where a non-compliance within development arises.

However, all developments are intrinsically different and there are obviously varying degrees and scales of non-compliance. Council needs to be satisfied that the non-compliances identified above are within the perimeters of what is considered acceptable. Council staff are of the view that the most recent amendments to the design results in an acceptable outcome in regards to solar access.


 

Views

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

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

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

There are prominent views partly observable from within the site. However, due to the orientation and configuration of adjoining dwellings, coupled with the topography of the land and location of fencing as well as the built form to the south, southwest and west of the site, the likelihood of adjoining residents currently experiencing these views is unlikely. Moreover, in any event, it is unlikely that those views would be able to be protected under the relevant planning principle.

The applicant submits the following in relation to views:

The proposed dwellings will not unreasonably diminish views for other properties in the vicinity. In this regard:

·     The North Orange Shopping Centre complex already interrupts views from the residential neighbourhoods in Pearl Court and Emerald Street towards Mount Canobolas and the Botanic gardens.

·     It is likely that even single storey development within the subject land would break to the view from the dwellings in Pearl Court and Emerald Street towards Mount Canobolas.

The development is considered satisfactory in regards to views.

 

PRIVACY AND SECURITY

Objectives

·    To ensure that the siting and design of buildings provide privacy for residents and neighbours in their dwellings and principal private open space.

An assessment of how the development responds to the applicable privacy and security objective is considered below.

Visual Privacy

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

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

-   building siting and layout

-   location of windows and balconies

and secondly by:

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


 

When visual privacy is referred to in the context of residential design, it means the freedom of one dwelling and its private open space from being overlooked by another dwelling and its private open space (Meriton v Sydney City Council).

The applicant provides the following assessment in relation to the visual privacy impacts for the development:

Privacy in relation to Adjoining Land

Potential privacy impacts upon adjoining land would be addressed as follows:

·      Proposed dwellings on proposed Lots 101 to 110:

-   The potential for these dwellings to overlook (currently vacant) land to the west is considered minimal as they do not comprise any first floor living areas or balconies that face west. The proposed fencing along the western boundary of the site will assist to maintain privacy.

-   The potential for these dwellings to overlook the residential properties to the east is considered minimal. Whilst these dwellings comprise first floor balconies, they would only overlook the new public road. Further, the balconies are well setback (approximately 14 metres) from the nearest residential property to the east.

The above is agreed to by Council staff.

·   Proposed dwelling on proposed Community Lot 2:

-   The potential for this dwelling to overlook the approved (but undeveloped) child care development to the west is considered minimal.

-   The first floor windows in the western elevation are set as highlight windows with battened screens.

-   The first floor balcony will be provided with a privacy screen along its western side.

-   The proposed fencing along the western boundary will assist to maintain privacy.

Council staff generally agree with the above. The first floor windows have sill heights of approximately 2m, which is above the commonly applied height of 1.7m. The screening of these windows is really superfluous from a privacy perspective. In relation to the balcony privacy screen where privacy protection is considered necessary, the objective of protecting privacy should be achieved with fixed louvres as opposed to baton type screening. As such, conditions are attached that require fixed louvres that prevent visual penetration through the horizontal plain in place of the fixed baton screening. This is consistent with the relevant Land and Environment Court Planning Principle. The difficulty arises in the condition when trying to establish which elements need to be fixed louvres and which can remain as baton screens for the reasons established above in relation to the windows. Nonetheless, a condition will be required for fixed louvres that prevent visual penetration through the horizontal plain attached to the western side of the first floor balcony for the dwelling on Community Title Lot 2.


 

·   Proposed dwellings on proposed Community Lots 10 to 17:

-   The adjoining land to the north of these dwellings comprises the sports training fields for the Waratah Sports Ground. This land is not considered sensitive in terms of privacy and overlooking from the first floor balconies of these dwellings and vice versa.

-   As implied in the site analysis, these dwellings would have the benefit of views across the sporting fields. The provision of privacy screens to these balconies would be detrimental to such amenity. Further, the first floor balconies of these dwellings are modest in size and only relate to a bedroom and not a principal living area (the principal living area and terrace is on ground level). As such, it is unlikely that the first floor balconies would be used for social gatherings and the like.

-   The potential for these dwellings to overlook the residential properties to the east is considered minimal. Whilst these dwellings comprise first floor balconies, they would only overlook the new public road. Further, the balconies are well setback (approximately 14 metres) from the nearest residential property to the east.

-   The proposed fencing along the northern boundary will assist to maintain privacy.

Council staff generally concur with the above. However, should Council be of the view to protect its interests by ensuring that privacy is maintained over the residential zoned sporting field which is owned by Council, it would be necessary to require appropriate screening.

·   Proposed dwelling on proposed Community Lot 17:

-   The potential for this dwelling to overlook the residential properties to the east is considered minimal.

-   The first floor windows in the eastern elevation are provided with a high sill height and battened screens.

-   The first floor balcony is well setback from the eastern boundary (approximately 7 metres) and will be provided with a privacy screen along its eastern side.

-   The proposed fencing along the eastern boundary will assist to maintain privacy.

In relation to the interface of adjoining properties the east, concern has been expressed by an adjoining property owner that their amenity will be reduced by virtue of visual privacy impacts. As such, protection of the adjoining properties to the east is considered warranted, particularly as one of the windows relates to a living area. Additionally, the first floor balcony, although setback approximately 6.7m from the eastern boundary, warrants privacy considerations. Acknowledging the existence of baton screening shown on the plan in relation to the balcony and some form of louvres shown over the windows, to be consistent with the Planning Principle a condition is attached that requires fixed louvres to be attached to the first floor living room window within the east elevation of the dwelling located on Lot 17, as well as fixed louvres attached to the eastern side of the first floor balcony.


 

·   Proposed dwellings on proposed Community Lots 6 and 7:

-   The potential for these dwelling to overlook the residential properties to the east is considered minimal.

-   The first floor windows in the eastern elevation are set as highlight windows with battened screens.

-   The first floor balcony is well setback from the eastern boundary (approximately 7 metres). If required, a condition may be imposed to require the provision of a privacy screen along the eastern side of these balconies.

-   The proposed fencing along the eastern boundary will assist to maintain privacy.

Council staff concur with the above assessment. It is noted that the application has been amended such that the balconies have been deleted.

Privacy within the Development

Potential privacy impacts within the development itself would be addressed as follows:

·   Proposed dwellings on proposed Lots 101 to 110:

-   The ground floor living area windows for each of these dwellings face north and west directly onto their respective area of private open space. As such they do not oppose or overlook each other.

-   The first floor windows in the northern elevation of these dwellings are generous but essentially oppose the southern wall of the neighbouring dwelling to the north. As such the potential for overlooking of neighbouring private open space or principal living area windows is considered minimal.

-   The first floor windows in the southern elevation of these dwellings are set as highlight windows and thus offer minimal opportunity for overlooking of the neighbouring private open space or principal living area windows.

-   The entrance to each dwelling is orientated so as to ensure that occupants achieve reasonable privacy when entering or exiting their residence.

-   The proposed fencing along the common boundaries will assist to maintain privacy.

Council staff concur with the above assessment. The development is appropriate in this regard. The windows within the southern elevation will be set at 1.8m sill height - more than adequate to protect privacy.

·   Proposed dwellings on proposed Community Lots 2 to 5:

-   The principal living area windows for the dwellings on Community Lots 2 to 5 are on ground floor level and face north directly onto their respective area of private open space. As such they do not oppose or overlook each other.


 

-   The first floor windows in the northern elevation of these dwellings essentially oppose the southern wall of the neighbouring dwellings to the north (i.e. the dwellings on Community Lots 8 and 9). The potential for overlooking of the private open space or principal living areas of these neighbouring dwellings is negligible.

-   The first floor windows in the eastern and western elevations of these dwellings are set as highlights and provided with battened screens.

-   The entrance to each dwelling is orientated so as to ensure that occupants achieve reasonable privacy when entering or exiting their residence.

-   The proposed fencing along the common boundaries will assist to maintain privacy.

The dwellings on Lots 2 to 5 comprise first floor balconies off the master bedroom which have not been identified above. These would have opposed south facing living room windows, and as such the potential overlook from one to the other exists of the dwellings previously proposed on lots 8 and 9 had they not been deleted from the proposal.

It is acknowledged that the sensitive south facing windows were provided with baton screening. At the time of assessing the development when the dwellings on lots 8 and 9 were proposed as part of the application, it was considered logical to require screening on the south facing windows rather than screen a north facing balcony. Now that the adjoining lot, being lot 9, is now proposed to be left vacant at this stage, it will be necessary to take this into consideration in the design of a future dwelling on the land.

·    Proposed dwellings on proposed Community Lots 6 and 7:

-   The principal living area windows for the dwellings on Community Lots 6 and 7 are on ground floor level and face north directly onto their respective area of private open space. As such they do not oppose or overlook each other.

-   The first floor windows in the northern elevation of the dwelling on Community Lot 6 essentially oppose the southern wall of the dwelling on Community Lot 7. The potential for overlooking between the private open space or principal living areas of these dwellings is negligible.

-   The first floor windows in the southern elevation of the dwelling on Lot 7 are provided with battened screens.

-   The first floor windows in the eastern and western elevations of these dwellings are set as highlights and provided with battened screens.

-   The entrance to each dwelling is orientated so as to ensure that occupants achieve reasonable privacy when entering or exiting their residence.

-   The proposed fencing along the common boundaries will assist to maintain privacy.

Council staff agree with the above. The windows of concern within the south elevation of the dwelling on Lot 7 relate to bedrooms; and consistent with the Planning Principle, less weight is given to bedrooms. In any event, baton screening is provided which will assist in providing privacy. The development is considered acceptable in this regard.


 

·   Proposed dwellings on proposed Community Lots 10 to 17:

-   The principal living area windows for each of these dwellings are on ground floor level and face north directly onto their respective area of private open space. As such they do not oppose or overlook each other.

-   The first floor windows in the northern elevation of these dwellings are generous but face onto the Waratah sports fields. As mentioned earlier, the Waratah land is not considered sensitive in terms of privacy impacts.

-   The first floor windows in the southern elevation of these dwellings would only overlook the private roadway.

-   Whilst the first floor balconies of these dwelling have the potential to overlook the private open space of the dwellings on Community Lots 7 to 9, it is submitted that the privacy impacts would be acceptable. Firstly, there is at least 12 metres separation between the balconies and the private open space areas. Secondly, the balconies relate only to bedrooms (not principal living rooms).

-   The first floor windows in the eastern and western elevations of these dwellings are provided with battened screens.

-   The entrance to each dwelling is orientated so as to ensure that occupants achieve reasonable privacy when entering or exiting their residence.

-   The proposed fencing along the common boundaries will assist to maintain privacy.

It is unclear what the applicant means with reference to the following:

Whilst the first floor balconies of these dwelling have the potential to overlook the private open space of the dwellings on Community Lots 7 to 9, it is submitted that the privacy impacts would be acceptable.

From the plans it appears that only windows exist on the first floor south elevation. The privacy associated with the dwellings on Lots 10 to 17, except where stated elsewhere when considering external impacts is considered satisfactory.

The plans do not provide much detail in relation to fencing. However, such detail is not critical; 1.8m high fencing will be required around the perimeter of the site, as well as the internal boundaries excluding the frontage on individual lots as a condition of consent.

Acoustic Privacy

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

·    Site layout and building design:

-   protect habitable rooms from excessively high levels of external noise

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

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


 

In consideration of the DCP Guidelines the proposal is considered to be satisfactory. The site is located in an area where ambient noise levels are expected to be low due to the predominant residential land use pattern. Furthermore, the applicant submits that:

appropriate construction methods will be employed for noise attenuation between the attached dwellings.

Councils Environmental Health and Building Surveyor raises no objection to the development in relation to acoustic privacy.

Security

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

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

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

The siting and design of the dwellings is appropriate to maintain safety and minimise the potential for crime, vandalism and fear for residents. Habitable room windows will address public roads, thereby providing opportunities for natural surveillance. As mentioned above, in relation to the dwellings proposed on Lots 101 to 110, five of these dwellings do not provide front doors that present to the street. This is not ideal from a natural surveillance perspective as it would provide a blind spot for occupants entering their dwellings. However, this has been overcome by the use of security gates set back behind the front building line.

Future landscaping and fencing will not restrict sightlines to public areas and will provide territorial reinforcement, and delineate public and private spaces. Internal access to the dwellings will be available through the garages and proposed fencing will provide territorial reinforcement.

Furthermore, the public pathway will allow complementary surveillance opportunities between users of the pathway and occupants of the development. 

SITE ACCESS AND CIRCULATION

Objectives:

·   To provide convenient and safe access and parking that meets the needs of all residents and visitors.

·   To encourage the integrated design of access and parking facilities to minimise visual and environmental impacts.

An assessment of how the development responds to the applicable site access and circulation objectives is considered below.


 

Public Transport

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

·    Residential unit development is accessible to public transport.

Whilst the development is not strictly a residential unit development, it is nonetheless of similar connotations when in relation to the applicability of the above planning outcome. As mentioned above, Council negotiated a public walkway on adjoining land with the intention of linking up with the road and pedestrian network proposed under this development. This improved pedestrian linkage will facilitate access to the North Orange shopping centre, where a regular bus routes runs. This link was a critical element in the assessment of the application. The development is consistent with the above planning outcome.

Circulation and Design

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

·    Accessways and parking areas are designed to manage stormwater.

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

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

The development is considered appropriate in relation to circulation and design. Lots 101 to 110 will have direct access to the proposed public road and require a reverse manoeuvre from the dwellings’ respective driveways.

A similar situation exists for the dwellings within the Community Title subdivision, except for the dwelling on Lot 10. The dwelling on Lot 10 does not have direct frontage and relies on a right-of-way to legally enter and leave the site over the adjoining lot 11. Whilst this situation is not ideal (a more ideal situation would be to design the dwelling to have frontage to the community road) it will nonetheless achieve the objective of entering and leaving the site in an appropriate manner. This is demonstrated by the swept paths provided by Heath Consulting Engineers. A condition has been attached requiring the prohibition of vehicles parking at the front of the garage for the dwelling on lot 11 in the community title statement and right of way. Those same swept paths also demonstrate that a Medium Rigid vehicle i.e. furniture removal and emergency services can suitably enter the Community Title subdivision and that a garbage truck can negotiate the proposed public road.

No objections are raised to the proposed circulation and design in relation to vehicles.

The site is relatively flat and conditions are attached in relation to pedestrian connectivity.

As mentioned above, the proposed public path linking the subject land with Telopea Way will improve pedestrian circulation within the whole eastern portion of Waratah Hills area.


 

Car Parking

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

·    Parking facilities are provided, designed and located to:

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

-   reduce the visual dominance of car parking areas and accessways.

·    Car parking is provided with regard to the:

-   the number and size of proposed dwellings

-   requirements of people with limited mobility or disabilities.

Car parking is a critical consideration in the assessment of this development, particularly due to the characteristics of the proposed public road and the configuration of the Community Title subdivision.

The original design prior to the latest version provided no dedicated visitor parking spaces and limited opportunity for stacked parking for six of the proposed dwellings. This was viewed by Council staff as a significant issue and had the potential to adversely impact on surrounding streets in the event of the need for overspill parking. In a normal situation where adequate street parking of nominal pressures in terms of demand existed, the previous proposal would not have created as significant an impact. However given the characteristics of the subject land, it is likely that people would have been forced to park in various parts of Pearl Court and Emerald Street when visiting occupants in this development. Such circumstances would have presented an unacceptable cumulative impact within the locality.

The applicant has suitably responded to Councils concerns regarding parking. The applicant submits the following in support of the development in relation to parking:

Proposed Dwellings on Lots 101 to 112

According to the DCP, a single dwelling consisting of least 3 bedrooms requires 1.5 parking spaces. The proposed double garage for each dwelling satisfies this requirement.

Visitor parking is available for each of these dwellings as a tandem arrangement in front of each garage. Council has indicated that the proposed garage setbacks are acceptable provided that the footpath on the western side of the public road is located immediately adjacent to the kerb to allow unimpeded pedestrian movement around tandem parked vehicles.

Proposed Dwellings on Community Lots 2 to 17

For a Community Title style of residential development the DCP requires parking to be provided at the rate of 1.5 spaces per 3+ bedroom dwelling, plus 0.2 visitor spaces per dwelling.


 

The development satisfies this requirement as follows:

·   The dwellings on Community Lots 2 to 5 each provide a single garage and a tandem space.

·   The dwellings on Community Lots 6 and 7 are each provided with a double garage.

·   The dwellings on Community Lots 8 and 9 each provide a double garage and 2 tandem spaces in front of each garage.

·   The dwellings on Community Lots 10 to 17 each provide a double garage and 2 tandem spaces in front of each garage (expect for Lot 11) which is subject to a right of carriageway in favour of Lot 10.

·   The total number of dwellings in the Community Scheme is 16 which generates a visitor parking requirement of 3.2 spaces. As indicated in the submitted site plan, 3 dedicated visitor spaces will be provided at the eastern end of the Community Scheme. It is submitted that these dedicated visitor spaces in conjunction with the tandem spaces will be more than adequate to serve the needs of the development.

In consideration of the DCP Guidelines the proposal is considered to be satisfactory. The submitted plans show adequate provision for off-street parking spaces in the form of an attached double garage for each dwelling (except for Lots 2 to 5 where a single garage is provided) and two tandem spaces in front of the garage of each dwelling (except for Lots 2 to 5 where a single tandem space is provided despite the site plan showing opportunity for two tandem spaces; and except for Lots 6 and 7 there is no opportunity for a tandem space in front of the garage unless a parallel park, perpendicular to the garage is achieved) and three dedicated visitor spaces.

It should also be noted that the proposed reduced setback for Lots 101 to 110 of 4m to the garage (rather than the 5.5m required by the DCP) will result in part of a typical B85 – design vehicle overhanging the front boundary of those lots onto the road reserve/footpath by approximately 1m (depending on how close the vehicle is to the garage door). Refer below to excerpt of the site plan of Lot 101 as an example of what is proposed. (It is noted that this is a vehicle below the typical lengths of a B85 design vehicle, and a B85 or B99 design vehicle will overhang a greater distance - the overall length of a B85 vehicle is 4.91m. The vehicle in the below plan scales at approximately 4.25m).


 

 

Plate 2 - site plan of Lot 101 showing tandem parking arrangement

Despite this overhang, whilst the potential to impact on the unimpeded flow of pedestrian access exists, there would be opportunity for a B85 vehicle to be in a tandem parking position within Lots 101 to 110 and not unreasonably impede pedestrian flows.

The reliance on a public road to accommodate parking for a development that is not compliant with setback standards is not ideal. The condition requiring the dwellings be setback a further 0.5m will result in less car extending over the footpath, improving this situation. However, should Council be of the view that this will acceptably impact upon pedestrian safety it would be necessary to require the dwellings be further setback. 

Private Open Space

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

·    Private open space is clearly defined for private use.

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


 

·    Private open space is:

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

–   accessible from a living area of the dwelling

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

–   Orientated to optimise year round use.

The applicant submits the following table in support of the development:

Dwelling

on Lot

Dwelling

Type

GFA (m2)

POS

required

(m2)

POS

provided

(m2)

Compliance with DCP

101

D1

130

65

265.38

Complies with DCP in terms of:

-   Minimum dimension and area

-   Connection to internal living areas

-   5m x 5m with reasonable solar access

102

C3

160

79

129.37

103

D2

130

65

120.97

104

D1

130

65

120.97

105

C3

160

80

128.70

106

D2

130

65

120.46

107

C3

160

80

128.88

108

D1

130

65

120.61

109

C2

160

80

129.16

110

C1

130

80

54.88

 

CL 2

A1

126

62.9

112.57

Complies with DCP in terms of:

-   Minimum dimension

-   Connection to internal living areas

-   5m x 5m

Does not comply with DCP in terms of the minimum area. Poor solar access to 5m x 5m area.

CL 3

A1

126

62.9

35.55

CL 4

A2

126

62.9

35.28

CL 5

A2

126

62.9

39.62

CL 6

E1

118.19

59.1

135.35

Complies with DCP in terms of:

-   Dimension and minimum area

-   Connection to internal living areas

-   5m x 5m with reasonable solar access

CL 7

E1

118.19

59.1

116.08

CL 8

 

Deleted

 

 

CL 9

 

Vacant

 

 

CL 10

B1

135.25

67.63

126.69

CL 11

B1

135.25

67.63

63.41

CL 12

B2

135.25

67.63

70.18

CL 13

B2

135.25

67.63

69.14

CL 14

B1

135.25

67.63

66.28

CL 15

B1

135.25

67.63

64.81

CL 16

B2

135.25

67.63

59.07

CL 17

B2

135.25

67.63

120.22

Council staff generally agree with the above calculations.


 

As can be observed from the above submission, some of the dwellings within the development do not comply with the relevant guidelines outlined within the DCP. As such, the applicant provides the following justification (it is noted that the justification relates only to Lots 3 to 5, but as can be observed from the submitted table, Lots, 110, 14, 15 and 16 also do not comply with the numerical guidelines):

The applicant has requested that Council accept the non-compliance in respect of the dwellings on proposed Community Lots 3 to 5 on the basis that:

·   These dwellings are provided with a terrace area as part of their private open space which will achieve reasonable solar access as depicted in Drawing 05.016.

·   Compact private open space areas are an anticipated design outcome for this style of housing. Outdoor areas associated with medium density housing are generally utilised for passive recreation. It is submitted that the covered terraces and small lawn areas provided for each dwelling will be practical and functional to meet the passive recreational pursuits of residents.

·   Public open space areas associated with adjacent Waratah sportsgrounds may provide supplementary active recreation space for residents.

Whilst not ideal, this argument is accepted as the lots that do not meet the numerical standards will nonetheless still provide for the reasonable needs of the occupants, consistent with the relevant planning outcomes. However, should Council consider the above departure from the numerical standards to be such that it will result in unacceptable outcomes, it would be necessary to either refuse the application or seek redesign to address the non-compliances.

Open Space and Landscaping

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

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

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

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

–   allow cost effective management.

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

·    Major existing trees are retained and protected in a viable condition whenever practicable through appropriate siting of buildings, accessways and parking areas.

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

A landscape plan has been submitted in support of the proposal which provides street trees, screening plants in select locations and trees in the rear yards of properties. It does not provide for any understorey plantings.


 

It is disappointing that a more integrated landscape master plan has not been prepared, particularly when much of the justification in support of the development is centred on comments such as the following:

the development is intended to represent an integrated medium density housing estate, essentially contained and distinct from the adjoining low density neighbourhood to the east.

It is considered that there is an opportunity to provide a sophisticated homogenous landscape approach to the whole site that would assist in defining and highlighting the “contained” and “distinct” intentions of the applicant. Landscaping will need to be provided to each lot that includes trees and a mix of groundcovers prior to the release of Occupation Certificates for each dwelling. A landscape master plan will be required submitted to and approved by the Manager Development Assessments prior to the issue of a Construction Certificate for the Torrens Title subdivision.

Stormwater

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

·    On-site drainage systems are designed to consider:

–   downstream capacity and need for on-site retention, detention and re-use

–   scope for on-site infiltration of water

–   safety and convenience of pedestrians and vehicles

–   overland flow paths.

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

Conditions are attached to address this planning outcome.

Erosion and Sedimentation

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

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

Conditions are attached to address this planning outcome.

DEVELOPMENT CONTRIBUTIONS PLAN 2012

The development has been assessed pursuant to Orange Development Contributions Plan 2012. The following tables itemise the contributions payable for the development.

Torrens Title Subdivision

Section 94 Development Contributions are levied on the Torrens Title subdivision based on 11 proposed lots, with one credit associated with the existing Lot 18 (ie contributions calculated on 10 lots). A condition to the following effect is attached.


 

The payment of $200,000.00 is to be made to Council in accordance with section 94 of the Act and the Orange Development Contributions Plan 2012 (Waratahs Urban Release Area) towards the provision of the following public facilities:

Open Space and Recreation

@ $4,535.55 x 10 additional lots

45,355.50

Community and Cultural

@ $773.65 x 10 additional lots

7,736.50

Roads and Cycleways

@ $5,337.60 x 10 additional lots

53,376.00

Stormwater Drainage

--

--

Local Area Facilities

@ $8,770.70 x 10 additional lots

87,707.00

Plan Preparation & Administration

@ $582.50 x 10 additional lots

5,825.00

TOTAL:

 

$200,000.00

Community Title subdivision

Section 94 Development Contributions are levied on the Community Title subdivision based on 15 residential lots minus the credit for the development lot created in the Torrens Title subdivision (ie 14 lots). A condition to the following effect is attached.

The payment of $280,000.00 is to be made to Council in accordance with section 94 of the Act and the Orange Development Contributions Plan 2012 (Waratahs Urban Release Area) towards the provision of the following public facilities:

Open Space and Recreation

@ $4,535.55 x 14 additional lots

63,497.70

Community and Cultural

@ $773.65 x 14 additional lots

10,831.10

Roads and Cycleways

@ $5,337.60 x 14 additional lots

74,726.40

Stormwater Drainage

--

--

Local Area Facilities

@ $8,770.70 x 14 additional lots

122,789.80

Plan Preparation & Administration

@ $582.50 x 14 additional lots

8,155.00

TOTAL:

 

$280,000.00

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2012 (Waratahs Urban Release Area).

Section 64 Water and Sewer Headworks Charges

Section 64 water and sewer headwork charges are also applicable to the proposal. Such charges are calculated at the time of release of Subdivision Certificates for the proposed subdivisions. Conditions are attached requiring the payment of the required contributions prior to the issue of a Subdivision Certificate.

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)

BASIX certificates have been submitted in support of the proposal and are considered acceptable.


 

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

Visual Impacts

The visual impacts associated with the development have been addressed above under the heading “DCP 2004”.

Traffic Impacts

The applicant provides the following in relation to the likely traffic impacts, bearing in mind this relates to the development prior to the latest amendment to remove 4 dwellings from the proposal as such the reduction in the number of dwellings results in a diminution of the likely impacts identified below:

Traffic Generation

Pursuant to the RTA Guide to Traffic Generating Development (Roads & Traffic Authority, 2002) a 3 bedroom townhouse may generate 5 to 6.5 daily vehicle trips; and 0.5 to 0.65 weekday peak hour vehicle trips.

Based on 28 dwellings, the completed development has the potential to generate 140 to 182 daily vehicle trips; and 14 to 18 weekday peak hour vehicle trips.

Capacity of Road Network

The estimated total daily traffic generated by the development would not be concentrated. Outside the peak periods, other vehicle trips are estimated to be distributed over the remainder of the day. When daily traffic volumes are spread over the 24 hour period (excluding 1 hour morning peak and 1 hour evening peak) the impact on local traffic levels is considered reasonable.

Based on the proposed development layout and the most direct route to Diamond Drive, it is predicted that approximately 60% of the newly generated traffic will be assigned to Emerald Street (and Opal Street), whilst the remaining 40% assigned to Pearl Court.

In terms of capacity, these streets and the local intersections are considered satisfactory to accommodate the additional traffic generated by this development. These roads form part of the network that serves an expansive residential area.

Table 4.6 (below) of the RTA Guide sets out recommended Environmental Capacity performance standards for streets with direct access to residential properties.

Table 4.6

Environmental Capacity Performance Standards on Residential Streets

Road Class

Road Type

Maximum Speed

(km/hr)

Maximum peak hour volume (veh/hr)

Local

Access Way

25

100

Street

40

200 environmental goal

300 maximum

Collector

Street

50

300 environmental goal

500 maximum

 

While formal traffic counts have not been undertaken, it is submitted that existing development in Pearl Court, Emerald Street (and Opal Street) along with the proposed 28 dwellings would generate peak hour rates that are significantly below the maximum environmental goals suggested in the above Table.

The level of increase along Diamond Drive as a result of the development would represent only a minor proportion of the total traffic volume that this road is subject to.

The provision of adequate off-street parking resources will assist to maintain traffic amenity.

Council staff concur with the above traffic assessment. The capacity of the road network in the vicinity of the site is sufficient to accommodate additional localised traffic generated by the development. Council’s Technical Services Division raises no objections to the proposed public road and Community Title road. “No Stopping” signs are required within the proposed public road. As previously considered (see “DCP 2004”), proposed parking and manoeuvring arrangements will ensure that vehicles enter and leave the site in a forward direction. The proposed setback and tandem arrangement for Lots 101-110 are also considered above.

The development is not likely to generate any adverse traffic impact within the locality.

Cumulative Impacts

The above DCP assessment has highlighted a number of non-compliances with the DCP inter alia, most notably solar access to both north facing windows and private open space, visual bulk internally within the development, setback upon Lots 101 to 110 and likely impacts associated with waste management. The above impacts, aside from waste management, relate to internally within the development site. The waste management of the Community Title development, however, has the potential to create unreasonable cumulative impacts if not properly considered. Notwithstanding this, as mentioned below relevant conditions are attached in relation to the management of waste.

As mentioned above under the car parking consideration, the development is considered appropriate in regards to parking within the development. The redesign has significantly reduced the likelihood of unreasonable cumulative impacts arising from people associated with this development parking in surrounding streets.

The development is considered satisfactory in regards to unreasonable cumulative impacts arising from the development within the locality.

Environmental Impacts

The subject land has been recently subdivided and works have been undertaken to create a residential site. As a result, significant vegetation, threatened species or ecological endangered communities or their habitats are unlikely. The proposed development will not impact upon the locality in terms of environmental impacts.


 

Existing and Future Amenity of the Neighbourhood

The existing and likely future neighbourhood amenity have been considered in detail above under the heading “DCP 2004”. The above assessment concluded that the development is not likely to unreasonably impact upon the amenity of the neighbourhood. The amended design put to Council by the applicant has sought to address the potential impacts to neighbourhood amenity. The extent of the impacts identified above relate mostly to internally within the development rather than the wider neighbourhood.

Soil Erosion

Provided that adequate measures are implemented during the construction phase, the proposed development would not generate adverse impacts in terms of soil erosion. Attached are recommended conditions of consent addressing this issue.

Impacts Associated with Excavation

The submitted plans, both architectural drawings and engineering plans, indicate that the extent of excavation will be minimal, with nominated floor levels relating appropriately to existing ground levels. It is acknowledged that there has been some excavation works previously undertaken on the land, however these works related to the recent subdivision.

The extent of earthworks will not unreasonably impact upon adjoining properties or sensitive waterways.

Aboriginal and European Archaeology

The likelihood of encountering any Aboriginal or European artefacts is low, however not completely ruled out. As such, conditions are attached in the event that such objects are located.

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

Council is required to consider the suitability of the site for the proposed development. In consideration of this requirement regard needs to be given to the identified constraints of the land (in this case the biggest constraint is the orientation of part of the site) and then consideration needs to be given to how the development responds to those identified constraints. As evident in the assessment of the development, the design response focuses more on architectural detailing than designing the development to suit the land. This is evident in the high ceiling heights and unnecessary added bulk to the detailing above the roofline. A dwelling design that responded more appropriately to the constraints of the land, including the size, shape and orientation of lots within the proposed subdivisions, would inevitably result in a more compliant development.

Given the extent of the non-compliance with the DCP as identified above, one could easily form the view that the development has not been designed to respond to the constraints of the land. However, the site is suitable for residential development, including development generally in the form now before Council. But it is considered that the proposal is an overdevelopment of the site.


 

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 sewer, town water and stormwater reticulations in accordance with normal requirements. Power, telephone and natural gas services will be connected to the dwellings in accordance with the requirements of the relevant supply authority. Attached is a condition of consent addressing these issues.

Waste Management

Ordinary domestic waste service (ie the three regular bins) can be achieved in the public road reserve for dwellings on Lots 101-110.

Waste collection becomes far more complicated when looking at the Community Title subdivision. Council’s waste contractor does not enter Community Title subdivisions for liability and access reasons. This is the case for this development. In order to achieve a suitable arrangement for the collection of domestic waste, the applicant is proposing a garbage storage area at the elbow of the proposed road where it joins with Emerald Street. The intent as submitted by the applicant is for residents to wheel the required bin from their home on collection day, place it in the temporary collection area and return them to their home on the same day as collection.

As there are 14 dwellings (potentially 15 when lot 9 is further developed) within the Community Title subdivision, the potential arises for 42 (45 when lot 9 is developed) bins to be placed in this area for collection on the respective collection day. As such, it will be necessary for this area to be able to accommodate that amount of bins. In calculating the required temporary storage area, approximately 21m2 is required based on a generous calculation of the area of a standard 240L bin. The submitted plans provide an area of approximately 35m2. As such, there should be sufficient area to accommodate the requisite number of bins potentially put out for collection.

A condition is attached in relation to this arrangement to ensure that it happens in an acceptable manner. The specific condition will require the applicant to:

(a)     enter into a run cost agreement with Council’s waste contractor in perpetuity,

(b)     draw up a waste collection management plan to Council’s satisfaction, and

(c)     require the aforementioned plan to be recognised in the Community Title management plan.

However, even with the above condition in place, this arrangement is not without its inherent problems. These include the visual appearance of the structure from within the street, the short term visual appearance of the bins when placed within the structure and the potential for odour to cause nuisance to adjoining residents.

It is considered that there is opportunity for the temporary bin collection area to be relocated further within the site so as to reduce the unsightliness and potential odour issues on the adjoining property owner at 9 Emerald Street. It is considered that a more suitable location is in a recessed area on the western side of the north-south running Community Title road which will need to be created. This revised location will reduce the impacts on the adjoining property owner, and reduce the visual impacts from within the streetscape. Relevant conditions are attached to address this issue.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

The proposed development is defined as "advertised development" under the provisions of the LEP. The application was advertised for the prescribed period of 14 days and at the end of that period five submissions were received.

As a matter of completeness the submissions received in relation to the initial application are considered below.

The following summary of submissions relates to the proposal as it was originally submitted to Council. What is before Council now is significantly different (as described throughout this report) to what was originally advertised and to what these submission relate to.

Submission 1 - owner of property 19 Pearl Court

·    Concern was raised in relation to the width of the nature strip adjoining the submitter’s western boundary.

·    The submitter raised concern in relation to the vegetation proposed along their western boundary, indicating that they found the use of screen master pittosporum objectionable as it would impact on their afternoon sun. 

·    The submitter raised objection in relation to the bulk and scale of the development and traffic generation.

Comments:

This submission has been superseded by submission 6 below as the submitter has made a further submission in relation to the revised proposal. All concerns are addressed under Submission 6.

Submission 2 - owner of 17 Emerald Street

·    Concern was raised in relation to visual impacts by virtue of the bulk of the development and proximity to the boundary.

·    Concern was raised in relation to visual privacy impacts associated with the development at the interface of the submitter’s property and the development.

·    The distance from the submitters back fence and the unit was identified as an issue by the submitter.

·    Concern was raised in relation to the proposed tree species and it’s location in the rear yard of the originally proposed dwelling on the previously proposed lot 38.

·    The submitter raised concern that the development would reduce the value of their property.

Comments:

Point one above was addressed by the applicant in the revised proposal. The proposed dwellings at the interface of the submitters property has been setback from 1.5m to 3.677m and the development is acceptable in terms of visual bulk when considering the relationship of the submitters property and the subject dwelling on Lot 17.


 

Privacy has been addressed in the body of the report and conditions of consent are recommended to overcome potential visual privacy impacts. The development is acceptable in terms of privacy.

This has been clarified by the submission of a fully dimensioned site plan by the applicant which was provided to the submitter on Wednesday 5 August 2015 at the same time as it was received by Council.

A condition is recommended that this tree not be approved within the landscape design. However, should the development be approved and in the future the respective owner plants a tree in the rear yard, this will become a civil matter between the two parties. It would be unreasonable in a Wednesbury sense to impose a condition of consent that would have the effect of not allowing people to plant trees in their rear yard.

Concerns relating to a reduction in property values are impossible to quantify and are not considered a planning consideration relevant to section 79C.

Submission 3 - Clifton Grove resident

Concern was raised in relation to general traffic issues within the area, with additional impact upon the existing “chaotic” road network in the area. The submitter also raises concern in relation to the bypass, stating; Now a [sic] another entry is proposed to the by-pass and with the traffic created by this development onto the by-pass and the proposed commercial development in the area the by-pass will become clogged and heavy vehicles will revert to Summer Street.

Comments:

It is not clear to which additional entry point to the “by-pass” the submitter is referring to. In any respects, traffic impacts associated with the development are addressed in the body of the report and found to be acceptable. 

Submission 4 - Farrell Road resident

·    The submitter raises concerns in relation to the development representing an over development of the site and it not being compatible with the housing in the area.

·    The submitter raises concerns that the development would impact dwellings within Telopea Way by way over shadowing and privacy.

·    The submitter raises concerns in relation to at the intersection of Telopea Way and Farrell Road and the standard of the proposed road would result in traffic problems and create pedestrian safety issues.

·    The submitter’s summaries by requesting that Council staff negotiate with the applicant to resolve in a more compatible development with a focus on pedestrian safety and a wider roadway.

Comments:

In relation to the first point, Council staff consider this to be the case in relation to solar access and visual bulk and the development whilst not entirely satisfactory, the application is now recommended for approval taking into account recent amendments to the proposal.


 

In relation to the second point the development will not unreasonably impact upon any existing dwellings in Telopea Way.

In relation to the third point, traffic has been considered within the report and considered acceptable. Acceptable pedestrian safety would be achieved and the proposed pedestrian link will significantly improve pedestrian connectivity in the area.

In relation to the fourth point Council staff carried out negotiations with the applicant for which the applicant responded with an amended proposal.

Submission 5 - ECCO

·    The submission raises concern in relation to the solar access available to the proposed dwellings, highlighting that only 12 of the 38 proposed dwellings would receive appropriate solar access.

Comments:

Council staff agree with the points made above and as such solar access and energy efficiency was the main driver behind the negotiations that have resulted in a more appropriate development that is before Council now than what the submission related to based on the application that was originally submitted.

Council’s planning protocols provide opportunity for mediation to occur between an applicant and objectors. In this case Council effectively carried out this function, and the results of those negotiations are evident in the revised submission when taking into account the matters raised in the submissions.

The submissions were provided to the applicant and were taken into consideration in the subsequent revision to the proposal. As the application was subsequently amended, the revised proposal was re-notified to adjoining neighbours and those outside of the adjoining neighbour notification area who made submission previously for a period of 7 days. At the time of preparing the report three submissions were received in relation to the development.

The submissions received in relation to the revised proposal are considered below.

Submission 6 (supersedes Submission 1 above) - owner of 19 Pearl Court

·    The objector reiterated their concern in relation to the width of the footpath adjacent to the western boundary, citing potential impacts to bedrooms [assumed to be] by way of noise and generally citing the proximity to the objector’s boundary to the road objectionable, requesting it be increased to at least 3m. Additionally, the submitter raises concerns in relation to traffic safety.

·    The submitter raises concerns that the development will result in an increase in traffic in Pearl Court as opposed to the traffic likely to be directed through Emerald Street as the statement suggests.

·    Concern raised in relation to the selected tree species along their western boundary.

·    It should be noted that the submitter notes their gratitude to Council and the development for considering their earlier objection and making appropriate changes.


 

Comments:

In relation to the first point, Council’s Technical Services Division raises no objection to the standard of the proposed road. Furthermore, in relation to the likely impacts to the bedrooms of the subject dwelling assumed to be by way of traffic noise, Council’s Manager Building and Environment advises that a 1.5m high solid fence would result in the road and associated traffic noise complying with the relevant noise guidelines. There would be limited opportunity to increase the width of the footpath on the eastern side of the road without requiring complete redesign of the development. An increase to the width of the footpath will have an immaterial effect of improving the amenity of the submitter’s property.

In relation to the second point, traffic impacts have been addressed above. It is worth noting that the reduction in the number of units from what was originally proposed has reduced the likely typical traffic movements associated with the development.

In relation to the third point, whilst trees are shown on the revised plan, the footpath adjacent to the adjoining dwelling will be concrete such that it will not require maintenance and particular attention will need to be given to the type of trees selected for this location. Council’s Manager City Presentation recommends the selected trees in this location be replaced with Pistacia chinensis (a deciduous species) and that a 1m by 2m landscape bed be provided to better accommodate the selected tree.  Relevant conditions are attached to the notice of approval to address this issue.

The last point is noted.

Submission 7 - owner of 9 Emerald Street

·    The submission raises concerns in relation to the potential for visual privacy impacts from the adjoining dwellings on lots 6 and 7.

·    Significant concerns have been raised in relation to the location of the bin storage area.

Comments:

In relation to the first point, this has been addressed above under the privacy considerations. It is recommended that privacy screening be installed on the eastern side of these buildings to protect the adjoining property from potential visual privacy impacts noting the removal of the balconies for dwellings on lots 8 and 9.

In relation to the last point, recommendations are suggested under the heading waste management that recommends an alternate location for the bin storage area further within the site. This is addressed above under the heading waste management with relevant conditions attached. 

In relation to the request for Council to reduce the submitters rates, such a request is not a planning matter.


 

Submission 8 (supersedes Submission 2 above) - 17 Emerald Street

·    The submitter raises concerns in relation to the bulk and scale of the development and states there are no other examples of development of this scale in this part of Orange. The submitter disputes the claims within the submitted statement [that the development is] “without significant impacts upon adjacent low density residential neighbourhood ”

·    The submitter acknowledges the reduction the number of units, but still has concerns that the development, in particular the dwelling on lot 17 has the potential to create privacy impacts upon their property.  

·    The submitter asserts that this development will be an experiment for South Orange and references to the submission in the statement that “that Council has expressed a desire to encourage development consistent with the current proposal. The style and development  proposed in this application is reflective of the subdivision pattern and housing types that are contemplated and encouraged in the recently adopted Shiralee DCP”.

·    The submitter references the submitted statement where it is states by the applicant that the development does not continue the prevailing residential scale. The submitter claims that the development does therefore not belong in this area.

·    The submitter draws Council’s attention to fact the when the submitter made application for a shed in the rear yard, they were required to keep the height of the shed as low as possible so it wasn’t seen from the street, and that this development at over 6m in height 2m from the same boundary is a double standard.

·    The submitter states that the development is not even consistent with the Shiralee DCP in terms of lots sizes and width.

·    The submitter suggests that their views would be completely replaced by a horizon of two storey buildings.

·    The submitter raises concerns in relation to boundary fencing identify the fact that there is already existing fencing in place and that they were unsure where the proposed fence is going and how high.

·    The submitter raises concerns in relation to the visual impacts claiming little regard has been given to adjoining property owners, claiming that there will be nothing to disguise 6 plus meter high building 2m from their boundary.

·    The submitter raises concerns in relation to Traffic Impacts, in particular the additional volume of traffic on Emerald Street. Furthermore the submitter states that this area is a quiet residential area many residents bought houses in this area for this reason, this will be an unwanted intrusion into the peace and tranquillity of the area.

In relation to the first point, the bulk and scale of the development has been assessed under the heading DCP and was found to be acceptable in regards to the likely impacts upon the submitters property.


 

In relation to the second point regarding privacy, this has been duly considered above under the privacy considerations. Within that assessment certain aspects of the adjoining dwellings have been identified as a potential impact with visual privacy and appropriate conditions have been recommended to ensure the development proceeds in an acceptable manner.

In reference to the comment by the submitter that this development is an experiment for the Shiralee urban release area, this development is proposed by a private developer and any connection to the Shiralee DCP by the applicant that has been used as justification in support of the development by the applicant has not been given weight in the assessment of this application. The development has been assessed against the DCP that relates to the land in accordance with Section 79C of the Environmental Planning and Assessment Act and found to be acceptable.

In relation to the fourth point, an extensive assessment of the development in the context of the neighbourhood character and existing built form has been undertaken above.

In relation to the fifth point above, there has not been a double standard, Council staff have carried out a merit assessment of the development and determined that the visual bulk of the development internally, whilst not ideal,  to be acceptable. It is noteworthy that the development is considered appropriate in terms of the visual bulk impacts to external properties.

In relation to the sixth point, the size, shape and width of the lots has been considered above against Orange DCP 2004.

In relation to the seventh point above relating to views, this is addressed above under the view considerations of the DCP. The submitter has not identified any prominent views being enjoyed and in any event when considered against the relevant planning principle it would be difficult to protect any prominent views as the views would be enjoyed from a rear boundary and not from a living areas.  There have been no prominent views that warrant protection evident from the vicinity of the site observed from inspection of the site.

In relation to the eighth point in regards to fencing, conditions are recommended that require fencing to be installed. Where existing fencing achieves the outcomes of those conditions the existing fencing will not change.

In relation to the ninth point in regards to visual impacts, the adjoining building is 3.677m not 2m from their respective boundary. It is not unreasonable for development to occur on adjoining land and a merit based assessment of the development has concluded that the development is acceptable.

In relation to the last point, Council Technical Services advise of no objections in relation to the addition volume of traffic and the capacity of the road network within the precinct. Additionally, it is noteworthy that this northern section of the subject land was identified as a residential unit site under the DCP. Therefore, there was an expectation of additional traffic in the area as a result.


 

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.

SUMMARY

The proposed development is permissible with the consent of Council. The proposed development however, presents significant departures from the DCP in relation to Solar access and visual bulk, dominance of garage, setbacks and a number of dwellings not presenting to the street within Lots 101 to 110. The primary departures from the DCP relate to solar access, visual bulk and setbacks. Council staff would be prepared to accept the other minor impacts of the dominance of garages and dwellings not addressing the street for the reasons outlined within the report. The cumulative effect of all of the above departures from the DCP results in a development that could be viewed as being fundamentally flawed, being an overdevelopment of the site and beyond what Council should be prepared to accept.

As can be seen, the form of the proposed development, particularly that section comprising dwellings 101-110 is almost of terrace type design. There are suggestions in the application that this form of development justifies the application of different standards as outlined in the planning outcomes of DCP 2004, particularly in relation to solar access into the dwellings and private open spaces.

The planning outcomes in the DCP and there are other standards referred to in this report, including Planning Principles of the Land and Environment Court, are provided so as to ensure that appropriate development does occur that provides for sustainable living opportunities for the occupants of those dwelling and on adjoining land. The provision of solar access into dwellings and associated open space is of critical importance, particularly in the Orange climate. There have been no reasons given in the application as to why different standards should apply to this development only that the design is different to that which typically occurs in the City.

Whilst consideration has been given to the solar access provisions that relate to the subdivision of residential land in this report it is considered that the principle impacts that arise with respect to this development arise mostly due to the design of the proposed buildings especially the height, shape, design and spatial relationship of each building to its neighbour. Planning staff raise no objection to the form of the proposed development. However, the issues that arise relate to the failure of parts of the development to be designed in consideration to the characteristic or constraints of the site. This is evident  by the section of the development to the north of the site that is to form the community title subdivision, which except for the overshadowing that was created by the 2 storey construction of dwellings 8 and 9 (which have recently been deleted from the proposal by the applicant), is mostly compliant and can be supported.

Buildings 101 to 110 are to be located on that section of the site that is rectangular and is orientated north/south. It is considered that these buildings have not been designed to suit the characteristics of the land, particularly the orientation of the dwellings, the limited distance between those buildings and other design criteria mentioned above do not recognise the characteristics of the site. The resultant subdivision is based on these design characteristics and results in lots of only around 10.35m in widths being created.


 

As can be seen in this report this section of the proposed development does not fully comply with the provisions of the DCP on a number of significant aspects particularly solar access and visual bulk, setback amongst others. These are interrelated. Due to the number of matters of non- compliance and to the significance of those aspects of non- compliance and to the fact that the issues of non- compliance applies to, generally all of those dwellings, Council staff are still of the view that the design of the development is still far from ideal, but in view of the most recent changes made by the deletion of 2 dwellings that solar access has been improved into those buildings to a level that is considered to be reasonable and thus the application can now be supported.

The applicant stated that the proposed development can be likened to development that is likely to occur in the yet to be developed Shiralee subdivision and there is a need to allow a variation to the relevant development standards. It is considered that this development is different to the Shiralee area in that the lots have been designed under a master plan that gives greater consideration to the spatial interrelationship between each lot and provides specific housing typology. Whilst it may be desirable to review development standards so as to facilitate development of the likely form in this precinct, any development should be designed so as to provide high levels of residential amenity, especially solar access. The standards that currently apply within the DCP are considered to be sound and it is important for Council to point out that approval of this development should not be the setting of a precedent in relation to the typical form of development that occurs within the City, rather a response to this precinct.

COMMENTS

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

 

 

Attachments

1          Notice of Approval, D15/29442

2          Plans (Peter Basha), D15/29340

3          Plans (TVS Architects), D15/29341

4          Submissions, D15/29382

  


Council Meeting                                                                                                    18 August 2015

5.13                     Development Application DA 4/2015(1) - Lot 18 Emerald Street

Attachment 1      Notice of Approval

 

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ORANGE CITY COUNCIL

 

Development Application No DA 4/2015(1)

 

NA15/                                                                                             Container PR27088

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

 

Development Application

 

  Applicant Name:

Orange North Pty Ltd

  Applicant Address:

C/- Peter Basha Planning & Development

PO Box 1827

ORANGE  NSW  2800

  Owner’s Name:

Garfield Road Holdings Pty Limited

  Land to Be Developed:

Lot 18 DP 1210246 - Emerald Street, Orange

  Proposed Development:

Demolition (existing dwelling and ancillary structures); Subdivision (Torrens - 11 lots and public road); Subdivision (Community - 16 lots); and Dwelling Houses (24)

 

 

Building Code of Australia

  building classification:

 

To be determined by the PCA

 

 

Determination

 

  Made On:

18 August 2015

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

19 August 2015

Consent to Lapse On:

19 August 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)      Plans by Peter Basha Planning and Development:

Reference 14061DA, Dated 11.08.2015, sheets 1 to 6 including aerials (8 sheets)

Plans by TVS:

5454.DA.01.001 Rev A; 5454.DA.02.001 Rev B; 5454.DA.02.002 Rev E;

5454.DA.02.101(1) Rev C; 5454.DA.02.101(2) Rev A; 5454.DA.01.102(1) Rev C;

5454.DA.01.102(2) Rev A; 5454.DA.02.103 Rev B; 5454.DA.02.104 Rev C;

5454.DA.02.105 Rev B; 5454.DA.04.001 Rev C; 5454.DA.04.002 Rev C;

5454.DA.04.003 Rev B; 5454.DA.04.004 Rev B; 5454.DA.04.005 Rev B;

5454.DA.04.006 Rev B; 5454.DA.04.007 Rev B; 5454.DA.04.008 Rev B;

5454.DA.04.009 Rev C; 5454.DA.04.011 Rev C; 5454.DA.05.001 Rev A;

5454.DA.05.010 Rev D; 5454.DA.05.011 Rev D; 5454.DA.05.012 Rev D;

5454.DA.05.015 Rev A; 5454.DA.05.017 Rev B; 5454.DA.05.018 Rev B;

5454.DA.05.019 Rev C; 5454.DA.05.020 Rev C; 5454.DA.05.021 Rev B;

5454.DA.05.022 Rev B; 5454.DA.05.023 Rev B; 5454.DA.05.024 Rev A;

5454.DA.05.025 Rev A; 5454.DA.05.026 Rev A; 5454.DA.05.027 Rev A;

5454.DA.06.001 Rev A; 5454.DA.06.002 Rev A; 5454.DA.06.003 Rev B;

5454.DA.06.004 Rev B; 5454.DA.06.005 Rev A;

 

(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.

 

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

 

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

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

 

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

 

 

DEMOLITION

 

PRIOR TO WORKS COMMENCING

 

(7)      The existing dwelling house and shed (including any remnant equipment related to the previous orchard activities) on the land shall be photographically recorded prior to works commencing on the land. The photographic record shall be undertaken in accordance with Council’s Photographic Recordings of Heritage Items Policy and be submitted to Council for archiving.

 

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

 

(9)      The disconnection of the water supply and sewer connections at their respective mains is to be carried out by Orange City Council. Please note that a fee (described in Orange City Council Management Plan) is required to be paid prior to the disconnection being carried out.

 

(10)    The relevant authority/ies, prior to the commencement of demolition works, is/are to disconnect the gas, the electricity and the telephone services.

 

(11)    A registered demolition contractor must carry out demolition. Documentary evidence of registration must be submitted to Council.

 

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


 

(13)    A Waste Management Plan is to be submitted to, and approved by Council, prior to works commencing on the site.

 

 

DURING CONSTRUCTION/SITEWORKS

 

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

 

(15)    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.

 

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

 

(17)    Asbestos cement sheeting must be removed in accordance with the requirements of the WorkCover Authority.

 

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

 

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

 

 

SUBDIVISION (11 LOT TORRENS TITLE AND PUBLIC ROAD)

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(20)    A detailed landscape master plan for the entire site shall be prepared prior to the issue of a construction certificate for the Torrent Title subdivision. The landscape plan shall provide an integrated landscape design providing for a mix of trees, understorey plantings and ground covers for every residential lot. As part of the plan no trees shall be provided along the eastern boundary of Lot 17.

 

          In addition to this, the plan shall also provide details in relation to boundary fencing and internal fencing. 1.5m high fencing shall be provided along the northern boundary of the site and 1.5m internal fencing shall be provided to separate the rear yards and delineate private open space for dwellings that adjoin public areas i.e. community road. 1.8m high fencing shall be required along the remaining external boundaries excluding any areas forward of the front building line of a dwelling. Where existing fencing is adequate the fence will not need to be replaced. The plan shall provide details as to the location of the fencing and the materials of the fencing. A consistent style of fencing shall be provided.

 

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


 

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

 

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

 

(24)    All stormwater from the site is to be collected and piped to the existing drainage pit on the southern boundary of the site. Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6), prior to issuing a Construction Certificate, is to approve engineering plans for this drainage system.

 

(25)    A 150mm-diameter sewer main is to be constructed from Council’s existing main to serve the proposed lots. Orange City Council, prior to issuing a Construction Certificate, is to approve engineering plans for this sewerage system.

 

(26)    A water reticulation analysis is to be carried out by Orange City Council on any proposed water-reticulation system for the development. Engineering plans are to be submitted to Orange City Council for approval prior to the issuing of a Construction Certificate.

 

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

 

 

DURING CONSTRUCTION/SITEWORKS

 

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

 

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

 

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

 

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

 

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


 

(31)    An urban road shall be constructed from Pearl Court to Emerald Street and shall be based on the plan submitted with the development application, Heath Consulting Engineers reference no. 14050-DA01 Rev B.

·    carriageway width – 10.5m

·    road width             –  7.0m

·    western footpath   –  2.5m

·    eastern footpath    –  1.0m

 

No parking signs shall be placed on the eastern side of the road.

 

Design and construction work is to be to an urban road standard in accordance with the Orange City Council Development and Subdivision Code.

 

(32)    A Concrete footpath, a minimum of 1.2 metres wide, shall be constructed on the western side of the proposed road from Pearl Court to Emerald Street.

 

A concrete footpath, a minimum of 1.2 metres wide, is to be constructed along the northern boundary of proposed lot 110 from the new road to the 4.0m pathway in lot 16.

 

A concrete path, a minimum 2.0 metres wide, is to be constructed in the 4.0m pathway from lot 18 to Telopea Way.

 

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

 

 

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

 

(33)    Application shall be made for a Subdivision Certificate under Section 109(C)(1)(d) of the Act.

 

(34)    The payment of $200,000.00 is to be made to Council in accordance with section 94 of the Act and the Orange Development Contributions Plan 2012 (Waratahs Urban release area) towards the provision of the following public facilities:

 

Open Space and Recreation

@ $4,535.55 x 10 additional lots

45,355.50

Community and Cultural

@ $773.65 x 10 additional lots

7,736.50

Roads and Cycleways

@ $5,337.60 x 10 additional lots

53,376.00

Stormwater Drainage

--

--

Local Area Facilities

@ $8,770.70 x 10 additional lots

87,707.00

Plan Preparation & Administration

@ $582.50 x 10 additional lots

5,825.00

TOTAL:

 

$200,000.00

 

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2012 (Waratahs Urban release area).  This Plan can be inspected at the Orange Civic Centre, Byng Street, Orange.

 

(35)    The trees shown on the approved plan by Peter Basha Planning and Development Reference 14061DA, Dated 11.08.2015 sheet 6 in the location of the eastern side of the proposed public road shall be replaced with Pistacia chinensis. The garden bed for each of these trees shall be 1m wide between the gutter and adjoining fence by 2m in length. The trees shall be planted prior to the issue of a subdivision certificate for lots 101 to 110.


 

(36)    Soil sampling for analysing chemical residue is to be carried out within the proposed Lots 101 - 111 in a manner and frequency as determined by an appropriately qualified and experienced consultant giving consideration to previous specific uses and on-site characteristics of the site. A NATA‑registered laboratory is to carry out such testing. Reference is to be made to the Contaminated Land Management Act 1997 and State Environmental Planning Policy No 55 - “Remediation of Land”. The results of the testing are to be provided to the Principal Certifying Authority and are to demonstrate that the land is suitable for residential use, to enable a Subdivision Certificate to be issued.

 

(37)    Prior to the issue of a subdivision certificate, application shall be made to Council for road naming and numbering for the proposed lots. All costs associated with this process shall be the responsibility of the developer.

 

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

 

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

 

(39)    Certification from Telstra, stating that telecommunication systems comply with Australian Standards, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

 

(40)    Certification from Essential Energy, stating that electricity and street lighting systems comply with Essential Energy’s Networks Division Customer Connection Policy NP11.1, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

 

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

 

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

 

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

 

(43)    Where stormwater crosses land outside the lot it favours, an easement to drain water is to be created over the works. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1979 is to be created on the title of the proposed lots requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the interlot drainage system. The minimum width of the easement is to be as required in the Orange City Council Development and Subdivision Code.

 

(44)    Prior to the issue of a subdivision certificate, the proposed public shareway over Lot 111 (indicated as easement AA on the approved plans) shall be extended to the splay boundary of Lot 15.


 

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

 

 

SUBDIVISION (16 LOT COMMUNITY TITLE)

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(46)    Prior to the issue of a construction certificate for the community title subdivision the plans shall be amended to relocate the bin storage area from its location on the approved plans to be located on the western side of the north south community title road. Provision must be made for the storage of at least 45 x 240L bins.

 

(47)    Letterboxes shall be provided for each lot created in the community title subdivision and be installed within the community lot located at the start of the community lot adjacent to the southern boundary of Lot 6. The letterbox structure shall have a maximum height of 1.2m, not be greater than 2m in length and be constructed of materials complementary to the materials to be used in the construction of the dwellings. Details of the letterbox structure shall be submitted to and approved by the Manager Development Assessment prior to the issue of a construction certificate for the community title subdivision.

 

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

 

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

 

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

 

(51)    All stormwater from the site is to be collected and piped to the interlot drainage pit provided on site as part of stage 1 of this development. Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6), prior to issuing a Construction Certificate, is to approve engineering plans for this drainage system.

 

(52)    A 150mm-diameter sewer main is to be constructed from Council’s existing main to serve the proposed lots. Orange City Council, prior to issuing a Construction Certificate, is to approve engineering plans for this sewerage system.

 

(53)    A water reticulation analysis is to be carried out by Orange City Council on any proposed water-reticulation system for the development. Engineering plans are to be submitted to Orange City Council for approval prior to the issuing of a Construction Certificate.

 

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


 

DURING CONSTRUCTION/SITEWORKS

 

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

 

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

 

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

 

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

 

(57)    A road is to be constructed from the new road constructed as per stage 2 of this development to the proposed entrance to each lot as per plan submitted with development application, Heath Consulting Engineers plan number 14050-DA01 &03. Construction work is to be to an urban road standard in accordance with the Orange City Council Development and Subdivision Code.

 

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

 

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

 

 

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

 

(60)    Application shall be made for a Subdivision Certificate under Section 109(C)(1)(d) of the Act.

 

(61)    The payment of $280,000.00 is to be made to Council in accordance with section 94 of the Act and the Orange Development Contributions Plan 2012 (Waratahs Urban release area) towards the provision of the following public facilities:

 

Open Space and Recreation

@ $4,535.55 x 14 additional lots

63,497.70

Community and Cultural

@ $773.65 x 14 additional lots

10,831.10

Roads and Cycleways

@ $5,337.60 x 14 additional lots

74,726.40

Stormwater Drainage

--

--

Local Area Facilities

@ $8,770.70 x 14 additional lots

122,789.80

Plan Preparation & Administration

@ $582.50 x 14 additional lots

8,155.00

TOTAL:

 

$280,000.00

 

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2012 (Waratahs Urban release area).  This Plan can be inspected at the Orange Civic Centre, Byng Street, Orange.


 

(62)    The applicant shall enter into an agreement with Council’s waste contractor which provides the terms of the collection of garbage bins from the temporary waste storage area within the community title subdivision. The agreement must be agreed to in perpetuity. In addition to this, the requirement for the waste collection agreement must be recognised in the community title management documents. The agreement shall be in place prior to the release of the subdivision certificate.

 

(63)    No stacked parking shall occur within Lot 11 that prevents manoeuvring within the frontage of Lot 10. This prohibition shall be provided for within the community title management documents.  Additionally this same requirement shall be acknowledged within the terms of the right of way for the land prior to the release of the community title subdivision.

 

(64)    Onsite parking shall be installed in accordance with the stamped approved plans prior to the release of the subdivision for the community title subdivision.

 

(65)    Letterboxes are to be installed in accordance with the approved plans prior to the issue of a subdivision certificate for the community title subdivision.

 

(66)    All conditions of development consent DA 4/2015 (1) Stage 2 (11 Lot Torrens Title Subdivision) are to be completed prior to the issuing of a Subdivision Certificate for the 16 lot community title subdivision.

 

(67)    Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 14 ETs for water supply headworks and 14 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

 

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

 

(68)    Certification from Telstra, stating that telecommunication systems comply with Australian Standards, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

 

(69)    Certification from Essential Energy, stating that electricity and street lighting systems comply with Essential Energy’s Networks Division Customer Connection Policy NP11.1, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

 

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

 

(71)    Where stormwater crosses land outside the lot it favours, an easement to drain water is to be created over the works. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1979 is to be created on the title of the proposed Lots requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the interlot drainage system. The minimum width of the easement is to be as required in the Orange City Council Development and Subdivision Code.

 

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


 

DWELLINGS (24)

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(73)    The front setback of any dwelling located on Lots 101 to 110 must have a front setback of at least 4.5m. The front setback must be shown on the submitted plans prior to the issue of any construction certificate for any dwelling located within Lots 101 to 110.

 

(74)    A fixed louvre privacy screen that prevents visual penetration through the horizontal shall be attached to the western side of the first floor balcony of the dwelling on community title lot 2 and remain in stalled in perpetuity. Details of the privacy screen shall be submitted to and approved by the Manager Development Assessments prior to the release of a construction certificate for a dwelling on community title Lot 2.

 

(75)    A fixed louvre privacy screen that prevents visual penetration through the horizontal shall be attached to the eastern side of the first floor balcony extending from first floor finished floor level up to a height of at least 1.7m above first floor finished floor level of the dwelling on community title Lot 17 and remain in stalled in perpetuity. Additionally the same form of fixed louver system shall be installed to the exterior of the first floor media room windows. Details of the privacy screens shall be submitted to and approved by the Manager Development Assessments prior to the release of a construction certificate for a dwelling on community title Lot 17.

 

(76)    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.

 

(77)    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, sewer and stormwater connection. 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.

 

(78)    A Waste Management Plan is to be submitted to, and approved by Council/Accredited Certifier, prior to the issuing of a Construction Certificate.

 

(79)    Proof of submission to the LPI of a survey plan for relevant lot related to proposed dwelling shall be submitted to Orange City Council prior to the issuing of a Construction Certificate for proposed dwelling.

 

 

PRIOR TO WORKS COMMENCING

 

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

 

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

 

 

DURING CONSTRUCTION/SITEWORKS

 

(82)    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.

 

(83)    A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority prior to the pouring of the slab or footings.


 

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

 

(85)    Storage of materials including stockpiles is not permitted on the public footpath area or roadway unless a hoarding is provided and approval granted.

 

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

 

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

(87)    Landscaping shall be installed in accordance with the approved landscape plan for each respective lot prior to the issue of an occupation certificate for that respective lot.

 

(88)    Fencing shall be installed for each lot in accordance with the approved plan prior to the issue of an Occupation Certificate 

 

(89)    An external clothesline shall be provided to each dwelling prior to the issue of an occupation certificate for each respective dwelling. The external clothesline for each dwelling shall be orientated to the north where practicable or alternatively located such that adequate winter sun will be received by the clothesline.

 

(90)    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.

 

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

 

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

 

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

 

 

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

 

(94)    The bins for each household within the community title subdivision shall only be stored in the dedicated collection area on the day of collection and must be collected and returned to the household before the next day.

 

(95)    No stacked parking shall occur in front of the garage of the dwelling on Lot 11 that prevents vehicle manoeuvring onto and upon Lot 10.


 

 

 

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:

 

19 August 2015

 



Council Meeting                                                                                                                     18 August 2015

5.13                     Development Application DA 4/2015(1) - Lot 18 Emerald Street

Attachment 2      Plans (Peter Basha)









Council Meeting                                                                                                                     18 August 2015

5.13                     Development Application DA 4/2015(1) - Lot 18 Emerald Street

Attachment 3      Plans (TVS Architects)












































Council Meeting                                                                                               18 August 2015

5.13                     Development Application DA 4/2015(1) - Lot 18 Emerald Street

Attachment 4      Submissions


 


 


 


 


 


 

 


 


 


 


 


 


 

   


Council Meeting                                                                                           18 August 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     Land Sale

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

6.2     Narrambla Land Sale

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

6.3     Voluntary Planning Agreement - Employment Generating Development

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                                                                                           18 August 2015

 

 

6.1     Land Sale

TRIM REFERENCE:        2015/2033

AUTHOR:                       Kathy Woolley, Director Corporate and Commercial 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                                                                                           18 August 2015

 

 

6.2     Narrambla Land Sale

TRIM REFERENCE:        2015/2106

AUTHOR:                       Kathy Woolley, Director Corporate and Commercial 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                                                                                           18 August 2015

 

 

6.3     Voluntary Planning Agreement - Employment Generating Development

TRIM REFERENCE:        2015/2062

AUTHOR:                       Garry Styles, General Manager    

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                                                                                           18 August 2015

 

 

7       Resolutions from closed meeting