Agenda of Council Meeting - 20 September 2016

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 6 September 2016

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones (left meeting at 8.00pm), Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

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, Communications Officer, Assistant Works Manager

RESOLVED - 16/357 Cr R Gander/Cr S Munro

That Council allow the audio and visual recording of the meeting by the media and Council staff, and allow the Central Western Daily to live stream the meeting.

2.1 APOLOGY

RESOLVED - 16/358 Cr C Gryllis/ Cr J Davis

That the apology be accepted from Cr N Jones for part of the Council Meeting of Orange City Council on 6 September 2016 (left the meeting at 8.00pm).

2.2 ACKNOWLEDGEMENT OF COUNTRY

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

Cr A Brown declared a pecuniary interest in item 2.3 of the Planning and Development Committee (DA233/2015(1) – 98 Gorman Road) as a Real Estate Agent selling land adjacent to the subject property.

RESOLVED - 16/359 Cr S Munro/Cr R Gander

That Late Item 4.2 – Notice of Motion by Cr Kidd – Rugby League and Rugby Union Grand Finals, be dealt with as part of the Sport and Recreation Policy Committee Meeting held on 6 September 2016.

2 Mayoral Minutes

2.1 Meteorology Bureau Weather Data

TRIM Reference: 2016/2028

RESOLVED - 16/360 Cr J Davis/Cr R Gander

That Council acknowledge the attached memo regarding Meteorology Bureau Weather Data for Orange for the last 50 years which highlights:

· The 2016 May-June-July period is the wettest of any 3 month period on the 50 year record with 549.6 mm rain and where the average for the May-June-July period is 237.6 mm.

2.2 Roads Program

TRIM Reference: 2016/2066

RESOLVED - 16/361 Cr J Davis/Cr G Taylor

That the information contained in this Mayoral Minute be acknowledged.

QUESTION TAKEN ON NOTICE

Cr Taylor asked if a roundabout was intended for the intersection of Matthews Avenue and Hill Street as part of previous black spot funding.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.22PM

OPEN FORUM

Item 2.3 Planning and Development Committee – DA233/2015(1) – 98 Gorman Road

Mr John Brunner

Mr Brunner requested Council impose conditions to minimise impacts on neighbouring properties to Lots 318, 319 and 330.

THE OPEN FORUM CONCLUDED AT 7.26PM

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 16/362 Cr R Kidd/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 16 August 2016 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 16 August 2016.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.28PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.53PM

4 Notices of Motion/Notices of Rescission

4.1 Vintage Rail Tourism by Cr Duffy

TRIM Reference: 2016/2010

RESOLVED - 16/385 Cr K Duffy/Cr C Gryllis

That, as part of Council’s economic development and jobs creation strategy, Council pursue vintage rail tourism for Orange and District, and that Council:

1 Liaise with John Holland Rail as to the availability of facilities to house and accommodate the growth of rail tourism.

2 Authorise the General Manager to negotiate access to railway stations and sidings for long term use to develop such tourism strategy.

5 General Reports

5.1 Classification of Land - Drainage Retention Basin - Lot 26 DP1221604

TRIM Reference: 2016/1845

RESOLVED - 16/386 Cr C Gryllis/Cr K Duffy

1 That Lot 26 DP 1221604 be classified as operational land pursuant to Chapter 6, Part 2 of the Local Government Act 1993 (NSW).

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

5.2 Lease of Hangar C Orange Airport

TRIM Reference: 2016/1931

RESOLVED - 16/387 Cr R Gander/Cr S Munro

1 That Council enter into a lease with the purchaser of Hangar C for a term of 3 years plus two 3 year options.

2 That approval be granted for the use of the Council Seal on all relevant documents.

QUESTION TAKEN ON NOTICE

Cr Gryllis requested an progress update on construction of the Toll hangar at the Orange Airport.

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 - 16/388 Cr J Whitton/Cr S Munro

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

6.1 Tender for the construction of the Waratah link road

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 Tender for Ready Mixed Concrete 2016/17

6.3 Demolition of 250-262 Peisley Street

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.05pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.23pm.

7 Resolutions from Closed Meeting

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

6.1 Tender for the construction of the Waratah link road

TRIM Reference: 2016/1898

RESOLVED - 16/389 Cr J Whitton/Cr J Hamling

1 That the remaining funding for the Waratah Link Road project of $828,000 funded from reserves from s94 contributions be made available for the project in the 2016/17 year.

2 That Council award the contract for the construction of the Waratah link road to KLMR Civil Pty Ltd for the amount of $675,285.00 exclusive of GST.

3 That permission be granted to affix the Council Seal to all relevant documents.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown
Voted Against	Nil
Absent	Cr N Jones

6.2 Tender for Ready Mixed Concrete 2016/17

TRIM Reference: 2016/2005

RESOLVED - 16/390 Cr S Munro/Cr J Whitton

1 That Council enter into a supply panel contract with Hanson Construction Material (joining Holcim (Australia) Pty Ltd and Mid Western Mini Mix already appointed to the supply panel), for the period to 30 July 2017 for 20 MPa, 25 MPa and 32 MPa standard mix concrete and 32MPa kerb and gutter mix.

2 That purchases under this panel contract be made that are most advantageous to Council based on volume and access restrictions.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown
Voted Against	Nil
Absent	Cr N Jones

6.3 Demolition of 250-262 Peisley Street

TRIM Reference: 2016/1864

RESOLVED - 16/391 Cr S Munro/Cr R Turner

1 That Council engage Forefront Services Pty Ltd to undertake the demolition of the shed located at 250-262 Peisley Street in accordance with the project as detailed within the report to the Council Meeting of 6 September 2016.

2 That permission be granted to affix the Council Seal to all relevant documents.

3 That Council allocate $316,908.37 (ex GST) in the 2016/17 Delivery/Operational Plan to undertake the demolition of the shed located at 250-262 Peisley Street, with funding being provided by the Land Development Restricted Asset fund.

4 That a further $25,000 be allocated as a contingency if required for the project to be funded from Land Development Restricted Asset fund.

5 That timber recovered from this project be sold and the proceeds returned to the Land Development Restricted Asset fund.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown
Voted Against	Nil
Absent	Cr N Jones

The Meeting Closed at 9.25PM

This is Page Number 7 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 6 September 2016.

ORANGE CITY COUNCIL

MINUTES OF THE

Extraordinary Council Meeting

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

ON 6 September 2016

COMMENCING AT 6.00pm

1 Introduction

Attendance

Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy (arrived 6.03pm), Cr R Gander, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro (arrived at 6.20pm), Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Acting Director Technical Services (Gardiner), Manager Administration and Governance, Manager Corporate and Community Relations, Manager Financial Services, Operations Manager, Communications Officer, Assistant Works Manager

RESOLVED - 16/352 Cr R Gander/Cr C Gryllis

That Council allow the audio and visual recording of the meeting by the media and Council staff, and allow the Central Western Daily to live stream the meeting.

2.2 ACKNOWLEDGEMENT OF COUNTRY

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

Nil

2 General Reports

2.1 2016 Election of Mayor and Deputy Mayor

TRIM Reference: 2016/1925

RESOLVED - 16/353 Cr J Davis/Cr J Whitton

1 That the method of voting for the election of Mayor and Deputy Mayor be Ordinary Ballot.

2 That the General Manager, acting as Returning Officer, conduct the 2016 Election for the Mayor and Deputy Mayor.

ELECTION OF MAYOR

The General Manager announced nominations for the position of Mayor from Councillors Kevin Duffy, John Davis and Reg Kidd.

Following the vote, the General Manager declared Cr Davis the Mayor with 9 votes.

ELECTION OF DEPUTY MAYOR

The General Manager announced nominations for the position of Deputy Mayor from Councillors Reg Kidd, Kevin Duffy, Chris Gryllis and Jason Hamling.

** Cr Munro arrived with the time being 6.20pm **

Following the vote, the General Manager declared Cr Hamling the Deputy Mayor with 7 votes.

2.2 Dates for Meetings of Council and the Time Required for Notice of Meetings

TRIM Reference: 2016/1928

RESOLVED - 16/354 Cr R Kidd/Cr R Turner

1 That meetings be held as follows:

a One meeting per month of the Ordinary Policy Committees, being the Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee, Services Policy Committee, be held on the first Tuesday of each month as part of a Council Meeting, commencing at 7pm.

b A public forum be scheduled, where required, at the commencement of the Council meeting of the first Tuesday of each month (prior to the Policy Committee Meetings).

c The main Ordinary Council meeting on the third Tuesday of each month commencing at 7pm.

d Briefings on the second Tuesday of each month if required, commencing at 6pm and if an additional briefing is required in the month, that it be held on the third Tuesday of the month prior to the Council Meeting commencing at 6pm.

2 That the notice of ordinary and extraordinary meetings of Council and Policy Committees be at least three days prior to the meeting (notice of less than three days may be given if an extraordinary meeting is called for an emergency).

2.3 Policy and Community Committees of Council

TRIM Reference: 2016/1926

RESOLVED - 16/355 Cr R Kidd/Cr K Duffy

1 That Council establish the following Policy Committees:

a Planning and Development

b Employment and Economic Development

c Infrastructure

d Sport and Recreation

e Environmental Sustainability

f Finance

g Services

2 That the current Chairperson for each Policy Committee be re-appointed for the ensuing twelve months.

3 That Council re-establish the Community Committee structure as set out in this report, with Councillors to advise any change to Councillor representation on these Community Committees.

4 That Councillors advise any change to Councillors representation on external bodies.

MATTER ARISING

RESOLVED - 16/356 Cr C Gryllis/Cr R Kidd

That Cr Kidd replace Cr Gryllis on the Audit and Risk Management Committee, with Cr Whitton the alternate delegate.

The Meeting Closed at 6.30 PM.

This is Page Number 3 and the Final Page of the Minutes of the Extraordinary Meeting of Orange City Council held on 6 September 2016.

Council Meeting 20 September 2016

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM REFERENCE: 2016/2110

AUTHOR: Michelle Catlin, Manager Administration and Governance

EXECUTIVE Summary

Council’s Policy Committees (Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee) have delegation to determine matters before them, 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

Council has been advised that as a Council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Implications in this report

Nil

Policy and Governance Implications

Nil

Recommendation

1 That the resolutions made by the Planning and Development Committee at its meeting held on 6 September 2016 be noted.

2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held 6 September 2016 be noted.

3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 6 September 2016 be noted.

4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 6 September 2016 be noted.

5 That the resolutions made by the Finance Policy Committee at its meeting held on 6 September 2016 be noted.

6 That the resolutions made by the Services Policy Committee at its meeting held on 6 September 2016 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

Planning and Development Committee

At the Planning and Development Committee meeting held on 6 September 2016, all resolutions were made under delegation, and the minutes are presented for noting.

Employment and Economic Development Policy Committee

At the Employment and Economic Development Policy Committee meeting held on 6 September 2016, all resolutions were made under delegation, and the minutes are presented for noting.

Infrastructure Policy Committee

At the Infrastructure Policy Committee meeting held on 6 September 2016 all resolutions were made under delegation, and the minutes are presented for noting.

Sport and Recreation Policy Committee

At the Sport and Recreation Policy Committee meeting held on 6 September 2016, all resolutions were made under delegation, and the minutes are presented for noting.

Finance Policy Committee

At the Finance Policy Committee meeting held on 6 September 2016, all resolutions were made under delegation, and the minutes are presented for noting.

Services Policy Committee

At the Services Policy Committee meeting held on 6 September 2016 all resolutions were made under delegation, and the minutes are presented for noting.

There was no meeting of the Environmental Sustainability Policy Committee on 6 September 2016.

Attachments

1 PDC 6 September 2016 Minutes, 2016/2037 ⇩

2 EEDPC 6 September 2016 Minutes, 2016/2041 ⇩

3 IPC 6 September 2016 Minutes, 2016/2042 ⇩

4 SRPC 6 September 2016 Minutes, 2016/2040 ⇩

5 FPC 6 September 2016 Minutes, 2016/2039 ⇩

6 SPC 6 September 2016 Minutes, 2016/2038 ⇩

Planning and Development Committee 20 September 2016

5.1 Recommendations and Resolutions from Policy Committees

Attachment 1 PDC 6 September 2016 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Planning and Development Committee

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

ON 6 September 2016

COMMENCING AT 7.28pm

1 Introduction

Attendance

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

APOLOGIES AND LEAVE OF ABSENCE

Nil

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

Cr A Brown declared a pecuniary interest in item 2.3 – Development Application 98 Gorman Road, as he is selling property adjacent to this site.

2 General Reports

2.1 Items Approved Under the Delegated Authority of Council

TRIM Reference: 2016/1711

RESOLVED - 16/363 Cr K Duffy/Cr J Davis

That the information provided in the report by the Acting Manager Development Assessments on Items Approved Under the Delegated Authority of Council be acknowledged.

2.2 Bowen Terraces Heritage Strategy - Outbuildings and Fencing - Post Exhibition

TRIM Reference: 2016/1963

RESOLVED - 16/364 Cr J Whitton/Cr S Munro

That Council adopts the Bowen Terraces Heritage Strategy - Out buildings and Fencing.

2.3 Development Application DA 233/2015(1) - 98 Gorman Road

TRIM Reference: 2016/1741

Cr A Brown declared a pecuniary interest in item 2.3 as he is selling property adjacent to this site, left the Chamber and took no part in the debate or voting on this item.

RESOLVED - 16/365 Cr R Turner/Cr K Duffy

That Council consents to development application DA 233/2015(1) for Subdivision (37 lot residential plus public open space and drainage reserves) at Lot 1 DP 581736 - 98 Gorman Road, Orange pursuant to the conditions of consent in the attached Notice of Approval, with the addition of lots 318, 319 and 330 to Condition (29) and the removal of lot 338 from Condition (29).

Division of Voting
Voted For	Cr J Davis, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner (Mayor), Cr J Whitton
Voted Against	Nil
Absent	Cr A Brown

2.4 Development Application DA 172/2016(1) - 50 Moonstone Drive

TRIM Reference: 2016/1959

RESOLVED - 16/366 Cr J Davis/Cr R Gander

That Council consents to development application DA 172/2016(1) for Child Care Centre at Lot 123 DP 1190845 - 50 Moonstone Drive, Orange pursuant to the conditions of consent in the attached Notice of Approval.

Division of Voting
Voted For	Cr J Davis, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner (Mayor), Cr J Whitton, Cr A Brown
Voted Against	Nil
Absent	Nil

2.5 Development Application DA 3/2013(1) - 806 Huntley Road

TRIM Reference: 2016/1979

RESOLVED - 16/367 Cr R Turner/Cr J Davis

That Council defer determination of development application DA 3/2013(1) for Dwelling House at Lot 19 DP 750387 - 806 Huntley Road, Huntley, and that the Mayor and staff meet with the applicant to discuss the application.

The Meeting Closed at 7.47 PM.

Council Meeting 20 September 2016

5.3 Statement of Investments - August 2016

TRIM REFERENCE: 2016/2070

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 August 2016.

Link To Delivery/OPerational Plan

Financial Implications

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Implications in this report

Nil

Policy and Governance Implications

Nil

Recommendation

1 That Council receives the Statement of Investments as at 31 August 2016.

2 That Council receives and adopts the certification of the Responsible Accounting Officer.

further considerations

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 August 2016, the investments held by Council totalled $115,431,485.84 and is attributed to the following funds.

	31/08/2016	31/07/2016
General Fund	46,920,802.74	47,473,933.94
Sewer Local Fund	31,513,785.81	30,500,162.54
Water Supply Local Fund	34,682,430.77	35,287,359.80
Orange CBD Special Rate	2,314,466.52	2,040,846.24
	115,431,485.84	115,302,302.52

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

Externally Restricted	31/08/2016	31/07/2016
General Fund	20,495,824.29	22,137,728.41
Water Fund	32,374,053.96	35,287,359.80
Sewer Fund	30,810,458.05	30,500,162.54
CBD Fund	2,182,726.80	2,040,846.24
Auspiced	1,522,752.52	1,495,137.03
Internally Restricted	11,709,471.13	14,156,502.55
Unrestricted	16,336,199.09	10,684,565.95
	115,431,485.84	115,302,302.52

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 August 2016 decreased to 1.50%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.19% (weighted average 3.17%) which continues to exceed Council’s benchmark i.e. the cash rate of 1.50% 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 August 2016, the AusBond rate was 2.01%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.19%.

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

Table 1: Maturity – Term Limits

Term to Maturity Allocation	Maximum	Holdings	Capacity
0 - 3 Months	100.00%	5.36%	94.64%
3 - 12 Months	100.00%	57.89%	42.11%
1 - 2 Years	70.00%	18.03%	51.97%
2 - 5 Years	50.00%	18.71%	31.29%
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%	26.17%	73.83%
A	60.00%	42.49%	17.51%
BBB & NR	40.00%	28.64%	11.36%
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 Councils General Purpose Financial Statements for the 2015/2016 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 20 September 2016

5.4 Mt Canobolas Mountain Bike Trail Centre

TRIM REFERENCE: 2016/2053

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

EXECUTIVE Summary

This report provides Council with an update on the Mt Canobolas Mountain Bike Trail Centre proposal.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “6.1 Our Community – Identify changing community aspirations and undertake community engagement and planning for the development and support of sporting and recreational services”.

Financial Implications

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Policy and Governance Implications

Nil

Recommendation

1 That Council acknowledge the Mt Canobolas Mountain Bike Trail Concept Plan.

2 That Council write to Mr Mark Speakman, Minister Environment and Heritage requesting an amendment to the Plan of Management to permit the creation of a Mountain Bike Trail Centre.

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	Orange City Council identified the potential for a Mountain Bike Trail Centre to be established on Mt Canobolas and has commenced an investigation on the possibility of developing a network of mountain bike trails. The potential for the project if it were to proceed would deliver a world class facility and generate many positive outcomes.
Image and Reputation	There is a risk that the resolution if adopted would generate negative publicity due to environmental concerns, however positive publicity is also likely.
Environmental	There is no environmental impact by adopting the recommendation. Council recognises that the construction and operation of the facility would have a short term negative impact however with the increased use of the precinct there would also be a positive outcome with increased maintenance of the State Conservation Area.

SUPPORTING INFORMATION

Orange City Council had previously identified the potential to create a world class Mountain Bike Trail Centre on Mt Canobolas encompassing both the State Conservation Area (SCA) and NSW Forestry Land. This was supported by Council’s resolution of 1 September 2016:

RESOLVED - 15/382 Cr R Kidd/Cr C Gryllis

1 That Council note the report by GHD and its recommendations.

2 That Council approve the conduct of a Trail Design together with an environmental assessment with funding to be identified in the September 2015 quarterly review.

Council engaged World Trail to develop the concept plan for a MTB Trail Centre and to address some of the issues raised by the reference group in its responses to the GHD Constraints and Opportunities analysis which included environmental concerns.

Should the project proceed it could create up to 11 trails on the slopes of this extinct volcano. Orange has a growing reputation as a bike friendly destination and the establishment of a mountain bike park would deliver a significant boost to tourism.

Some of the trials will be of world class standard while others will cater for varying skill levels including novices.

It is projected the trail centre in the early stages will create 18 full time equivalent positions, $1.2 million in household income and generate an additional $2.3 million when measured as gross regional product. The estimated cost of the bike trails project is $3.3 million.

Concept Plan

To date Council has progressed the project using its own funds together with generous support from Newcrest Mining to get the project well into the concept stage.

The concept developed by World Trail also sought to address some of the environmental issues raised by the reference group in its responses to the GHD Constraints and Opportunities analysis (a copy of the concept plan is attached).

This reference group consists of members representing the following groups:

· Cabonne Council

· National Parks and Wildlife Service (NPWS)

· Central West Off Road Bicycle Club (CWORBC)

· Orange Field Naturalists

· Environmentally Concerned Citizens of Orange

· Members of the local mountain bike community

· Councillor Jones, Councillor Kidd, Councillor Brown and Councillor Turner

In considering a concept for a Trail Centre, World Trail met with the reference group, GHD, Orange City Council and also considered the GHD constraints and opportunities analysis conducted by GHD.

World trail representatives also conducted the following activities:

· Undertook two days fieldwork to gain familiarity with the site and developed a concept for a potential mountain bike trail network at Mt Canobolas.

· Mapped as many existing roads and trails as possible and looked at all the major features and landforms on the site, including the potential environmental constraints.

· Major points of investigation were potential trail heads, shuttle drop-off points, access roads etc.

· Produced a draft report, including the concept, trail distances, trail difficulty ratings, approximate elevation profiles, next steps and construction cost estimates.

The plan that was developed by World Trail recognised the International Mountain Bicycling Association standards together with the policy documents of biking, and encompasses the following elements:

· Methodology

· Key design principles

· Mt Canobolas Mountain Bike Trail network

· Signage

· Trail construction

· Trail maintenance

· Cost estimates

Some of the key features of the possible trail network are:

· Approximately 62.8km (54%) of the proposed trail network is located within the Mt Canobolas SCA, with the remaining 53.6km (46%) located within State Forests

· 11 individual mountain biking trails

· 4 mountain biking trails rated as ‘Easy’

· 7 mountain biking trails rated as ‘More Difficult’, two of which could possibly be designed and built to offer optional ‘Very Difficult’ A-lines for advanced riders

· All trails essentially rideable as loops

· Each trail is single-directional. The proposed direction of travel is anti-clockwise

· The total length of the trail network is approximately 116.4km. Note that this estimate is based on conceptual designs only and is subject to change during the ground truthing and environmental assessment stages.

· The entire trail network can be ridden in one, large loop, without doubling up or missing large sections of trails

· The trail network has been designed to use and ‘showcase’ the best terrain of Mt Canobolas, regardless of tenure, providing opportunities for willing and capable riders to ride to the furthest extents of the mountain

· The trail network is designed to offer the longest possible descents. The trail network offers four long descending options – the shortest of which is 10.5km and the longest of which is 22.5km. All of these descents start from the summit, which can be reached via the main road for vehicle shuttling, or by the proposed mountain bike trail network.

Consultation

The concept for a potential trail network and consideration of environmental factors was provided to the reference group by post on 1 July 2016 seeking comment by 29 July 2016.

Following a number of requests Council agreed to an extension to 25 August 2016. Submissions received at the time of writing include:

· Central West Environment Council

· Jane Paul

· Daroo Orange Urban Landcare Group

· ECCO - Environmentally Concerned Citizens of Orange

· Jenny Medd

· NSW Bird Atlassers Inc

· Orange Mountain Bike Club

· Orange Field Naturalist & Conservation Society Inc.

Council has received objections to the concept plan include which include:

· Some groups do not believe that previous concerns raised in response to the GHD Constraints and Opportunities analysis were addressed in the concept plan

· Adequate planning for environmental impacts has not been considered

It is important to note that Council is not seeking the adoption or approval of the concept plan. The World Trail concept plan was commissioned to address a number of concerns raised by the reference group in its previous consideration of the GHD report.

These concerns included:

· How long would a track be?

· Where would it go?

· What is the cost?

· How would it be maintained?

· What is the economic benefit?

· Has State Forest land been considered?

Other concerns center on philosophical objections to the creation of a MTB Trail Centre within a State Conservation Area. However the proposal and concept plan are consistent OEH Cycling Policy (2011), NPWS Sustainable Mountain Biking Strategy (2011) and the NSW Sustainability Guidelines for visitor use and tourism in NSW national parks (‘Sustainability Guidelines’).

Some concerns also raise the issue the reference group did not have the opportunity to discuss the plan. Since the possibility of the plan was conceived the reference group has been provided with information, reports, meetings and opportunities to discuss the project and raise issues.

In regard to the concept plan specifically letters were sent to the reference group with the report on 1 July 2016 requesting responses by 29 July 2016.

The response period was extended to 25 August 2016 following requests from a number of members on the reference group.

On multiple occasions the reference group was afforded the opportunity to request additional information and to meet with members who wished to discuss matters of concern.

During the response period no requests for additional information were received. Electronic copies of the report were provided to members who requested it.

It is believed that this project can be achieved whilst adopting a sensitive approach to the environment elements of the proposal that benefits the region and the precinct. This has been demonstrated previously by a number of MTB tracks have been successfully developed in parks throughout Australia including National Parks.

The proposal is consistent with OEH Cycling Policy (2011), NPWS Sustainable Mountain Biking Strategy (2011) and the NSW Sustainability Guidelines for visitor use and tourism in NSW national parks (‘Sustainability Guidelines’).

Attachments

1 Mt Canobolas Mountain Bike Trail Concept Plan - Final, D16/21601 ⇩

2 Submission - (Orange Field Naturalist & Conservation Society Inc) (John Austin) - Mount Canobolas Mountain Trial Bike (MTB), IC16/13240 ⇩

3 Submission - (Orange Mountain Bike Club) (Rod Farrell)- Mount Canobolas Mountain Trial Bike (MTB), IC16/13325 ⇩

4 Submission - (NSW Bird Atlassers Inc) (Jane Paul) - Mount Canobolas Mountain Trial Bike (MTB), IC16/13326 ⇩

5 Submission - (Jenny Medd) - Mount Canobolas Mountain Trial Bike (MTB), IC16/13327 ⇩

6 Submission - (ECCO - Environmentally Concerned Citizens of Orange Orange Inc) (Nick King) - Mount Canobolas Mountain Trial Bike (MTB), IC16/13328 ⇩

7 Submission - (Daroo Orange Urban Landcare Group) (Jane Paul) - Mount Canobolas Mountain Trial Bike (MTB), IC16/13329 ⇩

8 Submission - (Jane Paul) - Mount Canobolas Mountain Trial Bike (MTB), IC16/13330 ⇩

9 Submission - (Central West Environment Council) (Dr Cilla Kinross) - Mount Canobolas Mountain Trial Bike (MTB), IC16/13331 ⇩

Council Meeting 20 September 2016

5.4 Mt Canobolas Mountain Bike Trail Centre

Attachment 1 Mt Canobolas Mountain Bike Trail Concept Plan - Final

PDF Creator

Council Meeting 20 September 2016

5.5 Planning Proposal - North Orange Shopping Centre Expansion

TRIM REFERENCE: 2016/1819

AUTHOR: Craig Mortell, Senior Planner

EXECUTIVE Summary

Council is in receipt of a planning proposal from City Plan Services, on behalf of SCA Property Group, relating to Lot 700 DP 1171441, known as 9 Telopea Way.

Currently, the southern portion of 9 Telopea Way is zoned B2 Local Centre and has already been developed as the North Orange shopping centre, comprising a Woolworths supermarket, several specialty shops and the associated car parking area.

The proposal relates to the northern residual portion of the lot which is zoned R1 General Residential and is currently vacant. The proposal seeks to convert the northern area to the B2 Local Centre zone to enable an expansion of the existing shopping centre. The proposal originally sought to enable:

· A new supermarket of 4,000m² area

· Expansion of the current supermarket from 3,200m² to 4,000m²

· A future mini-supermarket of 1,500m², and

· Creation of additional 1,400m² specialty retail area (estimated as 14 – 18 outlets)

When added to the current supermarket and 1,644m² of specialty retail this proposal would take the site to a total of 12,544m² of retail floor space. The North Orange shopping centre was originally established following adoption of the Council’s Business Centre Review (BCR) Strategy.

The Strategy was prepared for Council by Leyshon Consulting and they are a long established consulting firm providing economic analysis and advice to a wide range of NSW councils and other clients around Australia. Instrumental in the original Business Centre Review and all subsequent updates Director Peter Leyshon has a thorough and detailed understanding of the Orange commercial hierarchy, catchment or trading areas and the dynamics that contribute to Orange being a key regional trading centre.

The BCR sought to define the role and scale of the out-of-CBD centre to balance the needs of North Orange residents with the broader benefit of maintaining the regional significance of the Orange CBD.

Following extensive negotiation with the proponent and Council’s consultant, Peter Leyshon, the planning proposal has been revised to now provide the following:

· Expansion of the current supermarket from 3,200m² to 4,000m²

· Creation of a mini-supermarket of 1,750m², and

· Additional specialty retail area of 800m² (estimated as 8 – 10 outlets).

The change in mini-supermarket size follows further consultation with a prospective tenant to confirm their operational requirements. The reduction in specialty retail area helps to ensure the subordinate role of the North Orange centre is maintained. It must be noted that this rezoning proposal is not designed to allow a Discount Department store and a commitment has been gained from the applicant in this regard. Staff will work with the Department on how this can be ensured in the final amendment wording.

Given the location this report also has regard for the future role of land on the other side of Telopea Way, known as Lot 111 DP 1194964, which was the subject of a previous planning proposal from Garfield Road Holdings Pty Limited (GRH) for a service station and restaurant that was rejected due to traffic congestion and interface with residential development.

Link To Delivery/OPerational Plan

Financial Implications

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Policy and Governance Implications

Nil

Recommendation

1 That Council support a Planning Proposal at 9 Telopea Way to:

a) rezone the northern portion of Lot 700 DP 1171441 to B2 Local Centre

b) amend the Floor Space Ratio map to apply a rate of 0.2:1 across the site, enabling a total of 3,100m² of additional lettable floor space

2 That Council seeks a Gateway Determination from the Department of Planning and Environment consistent with the above and then undertake public exhibition for a period of 28 days prior to reporting back to Council.

3 That Council’s support is predicated on the centre not allowing higher order retail uses such as Discount Department Stores and that absent resolution of this condition that support be withdrawn.

further considerations

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

Environmental

The expansion of an out of centre commercial precinct needs to be balanced against the objective of maintaining a strong and robust central business district. Additionally, the site is accessed through an intersection that has already been the subject of significant community concern. Accordingly, traffic mitigation strategies need to be considered for any additional development in this location. These issues are discussed in the body of the report.

SUPPORTING INFORMATION

While the North Orange shopping centre was originally developed by Woolworths and the current proposal involves a potential expansion of the Woolworths supermarket, it should be noted that Woolworths no longer hold an interest in the site, beyond being tenants of the centre.

The proponent is SCA Property Group, established by Woolworths to be a landlord for a number of its owned shopping centres in October 2012. Woolworths transferred ownership of the shopping centres to SCA and then transferred SCA to Woolworths shareholders (an in-specie distribution).

SCA is listed on the ASX and according to the SCA Property Group website “Woolworths has no ownership interest in SCA Property Group following its listing”.

SCA Property Group, as landowner of 9 Telopea Way, are seeking to expand the North Orange shopping centre to enable a second full line supermarket, several additional specialty shops and a potential mini-supermarket.

A conceptual site plan has been included in the proposal to illustrate how such an expansion could be designed. However, the ultimate design of any expansion would be the subject of a future development application, which could involve various changes to the concept presented. The value of the conceptual plan is therefore to illustrate the overall scale of the expansion and affirm that a workable design is possible on the site (subject to rezoning).

SCA contend that expansion of the centre is justified on the basis of a growing population base in North Orange. The proposal includes an economic impact assessment and a traffic report by the proponent to seek to address the most significant issues relating to the site and locality.

This report also has regard for the future role of land on the eastern side of Telopea Way, known as Lot 111 DP 1194964, which was the subject of a previous planning proposal from Garfield Road Holdings Pty Limited (GRH) for a service station and restaurant rezoning.

Council rejected that proposal and GRH subsequently sought to have Council’s decision overturned by the Joint Regional Planning Panel (JRPP). After a lengthy process the JRPP ultimately upheld Council’s rejection of the GRH proposal.

SCA and GRH are unrelated entities and each proposal needs to be considered on its individual merits. However the cumulative effects of each proposal are influenced by the other and therefore become relevant considerations. It is in this context that the GRH proposal is discussed.

Location context

Telopea Way is a short north-south cul-de-sac connecting at its southern end with the Northern Distributor Road (NDR). A short distance north of this intersection is an eastern connection to Farrell Road providing a link through to the surrounding residential area. The proximity of development in the area has resulted in significant traffic volumes. Additionally, some motorists have reported the configuration of the two intersections and the associated lights to be difficult.

The existing North Orange shopping centre comprises a 3,200m² Woolworths supermarket with a further 1,644m² of specialty shops, including a liquor outlet. The total floor space is consistent with the floor space ratio map established to reflect the recommendations of the Council’s Business Centres Review Strategy. A key focus of the strategy was to establish an appropriate scale for the centre, balancing the needs of the local population in North Orange against preserving the trading performance and role of the Orange CBD. The potential for further expansion of the centre was noted in the strategy predicated upon the population base growing as supply of residential zone land in North Orange was taken up.

Subsequently, approval has been granted for a McDonald’s outlet at the corner of Telopea Way, Farrell Road and the NDR. A Planning Proposal for a restaurant and petrol station on land directly opposite this site was rejected by Council on a range of factors; principally compatibility with adjoining residential land to the east, proximity to established and approved child care centres, and traffic at the Telopea Way, Farrell Road and NDR intersections. The proponent Garfield Road Holdings Pty Limited (GRH) subsequently sought to have Councils decision overturned by the State government by applying to the Department of Planning via the Western Region JRPP to have their proposal for a rezoning re-examined.

Despite Council staff representations, the JRPP determined that the matter could proceed to the gateway process. The Department of Planning and Environment then acted as the relevant planning authority for processing of the proposal. After lengthy consideration the proposal was ultimately rejected for a variety of reasons, not least being a nearby alternative site for such development already exists at Hanrahan Place.

The subject land is on the western side of Telopea Way and differs to the rejected site on the eastern side of Telopea Way by virtue of being separated from the residential properties and child care centre. In addition, Council will soon commence construction of a road connection to the west that would link the northern end of Telopea Way to the recently constructed western section of Diamond Drive. This connection will provide a valuable relief route to ease congestion at the NDR/Farrell Rd intersection.

Given the above history of development on and around Telopea Way and the continued growth of North Orange, there is considered to be scope for some level of expansion. Community concern relating to traffic in this area is considerable.

An out of centre shopping precinct in North Orange was found to be appropriate in the Business Centre Review Strategy. The Strategy identified the appropriate scale for the centre, both in terms of meeting the needs of local residents and also protecting the overall trading performance of the CBD. The current proposal has been reviewed by the consultant who prepared the Business Centre Review Strategy, Peter Leyshon to ascertain how, given the passage of time and population growth, it would relate to the overall Orange economy and CBD impacts.

Leyshon’s review of the SCA economic case is attached to this report. The main findings can be summarised as not supporting the extent of floor space originally sought in the short term, but recognising that there may be a case for a more modest expansion. The full proposal of two full line supermarkets and a mini-supermarket would not be justifiable until 2028. With regard to the revised proposal of one full line supermarket, one mini-supermarket and 800m2 specialty shops Leyshon states:

“the proposed expansion of the North Orange centre is considered to be reasonable from my perspective. The proposed addition of specialty retail floorspace (800 m2) will result in 8 – 10 businesses being added to the centre. Not all of these businesses will be retail in nature, however. I do not consider that the proposed addition of the specialty retail will alter the role of the North Orange centre or pose an undue threat to the Orange CBD. The proposed expansion of Woolworths, and the addition of Aldi, are considered to be consistent with the demand estimates for supermarket floorspace in the trade area of the North Orange centre.”

CBD implications

Since the opening of the North Orange shopping centre, the occupancy rate of commercial premises in the CBD has not appreciably changed. The level of vacant premises pre and post North Orange opening is anecdotally consistent. This does not mean that trading performance or profitability of CBD businesses has been unaffected.

Doubtless some have seen a portion of their trade lost, however such effects are difficult to distinguish from other causal factors such as the transition of the Cadia East mine from construction to operational phases, and more general or macro-economic conditions. While the full effect on the CBD is not certain, the precautionary principle would suggest that a more modest expansion, or a staging over time of the expansion, be contemplated.

The significance and role of the CBD as the primary trading centre in the central west should not be taken for granted. Should the CBD performance decline or even just stagnate there is potential for the outer edges of the catchment (e.g. Blayney, Molong, Canowindra and the like) to begin to look towards other regional centres for their higher order shopping.

The eastern edges of the catchment may turn more towards Bathurst, with the north-western edges potentially looking towards Dubbo, albeit at a greater distance. It is likely that any such changes in shopping patterns would initially be small and difficult to measure. However, settlement patterns in Australia since the 1960s have been known to exhibit a very high level of “primacy” compared to other developed nations.

In this context, primacy refers to the tendency for population, trade and development to concentrate in one location or city where all higher order activities for the region occur, and for surrounding population centres to be diminished in scale, providing only lower order goods and services. Primacy occurs around the developed world, but is particularly pronounced in Australia.

In our local context the Orange-Bathurst combination stands out as an exception to the primacy norm in that while being in close proximity, neither centre has significantly outshone the other. This should not be interpreted to mean that the primacy effect does not apply to Orange simply that both centres have managed to keep pace with each other.

Accordingly, Council needs to balance the short term desire to provide enhanced facilities for residents of North Orange with the long term strategic interest of preserving and enhancing the trading performance and role of the CBD.

Subsequent to the lodging of the planning proposal in September 2014, staff have been involved in protracted negotiations with SCA over the extent and timing of any expansion to the North Orange shopping centre. The focus of discussions has been to balance the legitimate expansion of facilities in North Orange with preserving the role and function of the CBD.

Council has also been approached by Aldi seeking a suitable location for a second store in Orange, with a strong preference for North Orange. Due to the relevance and timeliness of this interest analysis supplied by Aldi of the Orange supermarket sector has also been considered, alongside the SCA analysis and Leyshon’s advice, in relation to this proposal.

Aldi note that there are currently 7 supermarkets in Orange ranging from 665m² Foodworks in Dalton Street to 3,713m² Coles in Orange Central for a total of 16,227m² of supermarket floorspace. With a population estimate of 43,624 this equates to a ratio of 0.37m² per capita.

A comparison is then provided against 14 other regional and coastal centres of comparable population showing supermarket floorspace ratio’s of 0.38m² up to 0.68m² per capita (averaging 0.47m² per capita). While this potentially portrays Orange as being underserved in the supermarket sector it must be remembered that the analysis was prepared to justify adding to the current supply.

Current supermarket sector in Orange

Location	Operator	Size
CBD	Woolworths	3,330m²
CBD	Coles	3,713m²
CBD	IGA (Peisley st)	2,207m²
CBD	IGA (Summer centre)	1,650m²
CBD	Aldi	1,462m²
North Orange	Woolworths	3,200m²
Alpine Stores	Foodworks*	665m²
Total		16,227m²

* It should be noted that the Foodworks store recently applied to expand their operation into an adjoining tenancy.

Comparable regional / coastal centres

City	Estimated Resident Population (June 2015 – significant urban area ABS)	Supermarket floorspace ratio (Aldi estimate)
Grafton	18,689	0.68m²
Batemans Bay	16,680	0.64m²
Coffs Harbour	68,572	0.60m²
Bowral-Mittagong	37,897	0.55m²
Taree	26,390	0.50m²
Dubbo	36,941	0.47m²
Tamworth	42,255	0.46m²
Lismore	29,413	0.44m²
Nowra	35,920	0.44m²
Port Macquarie	45,341	0.43m²
Armidale	23,674	0.43m²
Bathurst	36,013	0.41m²
Wagga Wagga	55,820	0.40m²
Cessnock	22,596	0.39m²
Orange	40,075	0.37m²

Note: the floor space ratio estimate is related to a population catchment that has a 15km radius which in most cases extends beyond the significant urban area for the population figure.

Each analysis agrees that a contemporary full line supermarket is 4,000m² of floor space would require a catchment population of 8,000 – 10,000 to be viable. In this regard the 7 current supermarkets have a floor space equivalent of 4.05 full line supermarkets. The current population of Orange at 40,000 could therefore support 5 full line supermarkets.

Population projections

The regional catchment of Orange generally corresponds to the local government areas of Orange, Cabonne and Blayney – although for some higher level services it would draw on a wider area. The current 2016 population estimate is 65,550 people of which two-thirds or 42,200 people live in Orange. Following a more stagnant period from 2001 – 2006 growth has been relatively strong. Solid growth is projected to continue over the short to medium term out to 2031 as shown in the chart below.

Source – Aldi analysis prepared by Deep End Services

This will increase the capacity of Orange to support additional supermarket floor space. Any impacts upon the CBD are therefore likely to be temporary, particularly as urban growth switches from North Orange to southern areas such as Shiralee as southern residents are more likely to shop in the CBD due to proximity, until such time as a southern shopping centre emerges in response to population growth.

In the longer term CBD dominance would rely upon a combination of balancing urban growth geographically so that the CBD remains central to all, carefully increasing residential density of “inner” Orange, and providing higher order goods and services to draw trade from across the region.

Traffic Implications

The proponent supplied a traffic review in support of the proposal. It should be noted that their review was prepared on the basis of the additional supermarket floor space (total 4,800m²) and the additional specialty retail area (1,500m²), but excluded the “future retail” area of 1,400m². The traffic review also limited its calculations to the short to midterm horizon, despite acknowledging that the long term demand would be higher. Finally, the traffic review notes that Council has identified an east-west link road between the northern end of Telopea Way and William Maker Drive as part of the preferred solution to the local traffic concerns. Additional elements of the traffic solution potentially include a slip lane into Farrell Road from Telopea Way, this requires further investigation.

The intent of the relief link is to provide a relief route for local traffic so that residents to the north and west will be able to avoid the NDR intersection. Accordingly, should the proposal be supported SCA would be required to contribute a reasonable apportionment of costs for the traffic solution including the relief link road and slip lane. In addition a precinct-wide traffic analysis has been undertaken for this area, from Hill St to Farrell Rd/Telopea Way and Clergate Rd along the NDR to assess the overall traffic impacts on the area of additional residential and commercial development in the future. This assessment will identify a range of intersection improvement works which will be required over time, and a process developed for apportioning contributions from individual developments to cover the cost of these upgrades. The financial contribution required would become the subject of a Voluntary Planning Agreement between Council and the developer. The proponent (SCA) has been advised of this work and have acknowledged that their proposal would add to the need for the roadworks involved.

In the long term, when the area is fully developed the proposal is anticipated to generate an additional 800 vehicles per hour (two-way) in the weekday afternoon peak hour. Assuming an even distribution during the peak period, this equates to an additional movement every 4.5 seconds. In the short to medium term the proponent argues that traffic generation during the peak hour would be in the order of 450 vehicles per hour (two-way), or an additional movement every 8 seconds, assuming even distribution during the peak.

Planning controls

Land Use Zone

The proposal seeks to change the zone applied to the northern portion of the site from R1 General Residential to B2 Local Centre, consistent with the remainder of the shopping centre site to the south.

The adjoining land to the north and west is zoned RE1 Public Recreation, while land to the east comprises R1 General Residential land on the other side of Telopea Way.

It is considered that the proposal does not raise any particular interface issues or land use conflicts with the surrounding lands. The neighbouring residential land is separated by the Telopea Way reserve, which serves to provide a modest buffer; whereas the northern and western neighbouring lands, being recreation lands, are not considered to be sensitive receptors. Interface issues can therefore be appropriately managed through the usual development application processes.

Floor Space Ratio Controls

The existing shopping centre is subject to a floor space ratio control.

This was imposed to ensure that the scale of the centre would be consistent with the Urban Centres Review Strategy. The proponents originally sought an FSR of 0.321:1 over the site, which is a significant increase over the current 0.19:1 affecting the existing B2 zoned land.

Leyshon’s review of the economic argument indicates that providing 3,350m² of floor space for the expansion of the existing Woolworths, addition of Aldi and additional specialty shops, but not supporting the further 4,000m² needed for the additional full line supermarket, may represent an appropriate level of expansion at this time.

This translates to a total floor space of 8,194m² (existing centre 4,844m² + proposed expansion 3350m²).

With the expansion of the B2 zone over the remainder of Lot 700 DP 1171441 the total site area becomes 39,055m². An FSR of 0.21:1 for the entirety of the site would enable 8,201m2 of lettable floorspace.

Planning proposal process

Should Council decide to proceed with the proposal, either as requested by the proponent or as modified in accordance with the details above, the processes involved are summarised as follows:

· Prepare draft LEP maps for the zoning and floor space ratio changes.

· Submit the above to the Department of Planning and Environment for the Gateway Review.

· Upon receipt of the Gateway Determination, undertake such studies or further works as may be required.

· Commence the formal consultation phase as required by the Gateway Determination. This will most likely involve consultation with Government departments and agencies, as well as a minimum 28 day public exhibition phase.

· Analyse and report back to Council on the results of consultation and public exhibition. This may involve changes to the concept to accommodate the concerns raised during exhibition and consultation.

· Upon Council adoption, submit the final proposal to Parliamentary Counsel via the Department of Planning and Environment, requesting a formal opinion and gazettal of the LEP component of the plan. The master plan component would be incorporated into the Orange Development Control Plan at the same time.

Conclusion

Examination of a request for a Planning Proposal and review of the economic case provided has indicated that the continued growth of North Orange may now justify a moderate expansion of the current shopping centre. The site is directly across the road from a previous request that was rejected by Council over concerns relating to the proximity of child care centres, adjoining residential properties and traffic issues.

This proposal is situated on the western side of Telopea Way, providing a more definitive separation buffer to the more sensitive land uses in the east, and staff are investigating potential relief routes to connect the northern end of Telopea Way with Diamond Drive to the west.

The current proposal is seen to have some merit, albeit that a peer review of the economic case has indicated that a more modest expansion than originally requested is likely to meet the short to medium term needs of North Orange residents without unduly impacting upon the trading performance and role of the main CBD.

Accordingly, it is recommended to proceed with a modified version of the planning proposal at this stage. The additional full line 4,000m² supermarket (when combined with the rest of the proposal) is considered premature. The best estimate available from Council’s consultant is that by 2028 the population catchment may have grown sufficiently to allow a further expansion without undue consequence to the CBD.

Attachments

1 Draft Planning Proposal, D15/4505 ⇩

2 Proponents' Planning Proposal North Orange, D15/4507 ⇩

3 Appendix 1 Letter from Orange City Council, D15/4509 ⇩

4 Appendix 2 Indicative Concept Layout, D15/4511 ⇩

5 Appendix 3 Economic Impact Assessment, D15/4513 ⇩

6 Appendix 4 Traffic Review Report, D15/4515 ⇩

7 Appendix 5 Deposited Plan, D15/4517 ⇩

8 Leyshon Consulting North Orange Advice, D15/4519 ⇩

9 Potential Link Road Corridor, D15/4891 ⇩

Council Meeting 20 September 2016

5.5 Planning Proposal - North Orange Shopping Centre Expansion

Attachment 1 Draft Planning Proposal

Planning Proposal – Orange Local Environmental Plan 2011 – Amendment 8

Introduction

The purpose of this document is to describe a planning proposal for an amendment of the Orange Local Environmental Plan 2011, to be known as amendment 8. The preparation of a planning proposal is the first step in preparing an LEP (or an amendment to an LEP).

Note: Throughout the course of preparing the proposed LEP, the planning proposal evolves. This is particularly the case for complex proposals in which the initial gateway determination will confirm the technical studies and consultation required to justify the proposal.

As the studies and consultation are undertaken, relevant parts of the planning proposal will be updated, amended and embellished. Therefore, particularly when viewed at an early stage, the level of detail in a planning proposal may appear to be limited in one or more respects.

This planning proposal has been prepared in accordance with the Department of Planning and Infrastructure’s document A guide to preparing planning proposals and is comprised of four parts;

Part 1 Objectives and Intended Outcomes

This part comprises a brief statement outlining the objectives and intended outcomes of the proposed amendment.

Part 2 Explanation of the Provisions

This part comprises a plain English explanation of the provisions and changes that are to be included in the amendment.

Part 3 Justification

This part establishes the justification for the objectives, outcomes and provisions and the process for their implementation.

Part 4 Community Consultation

This part details the level and methods of community consultation that is to be undertaken on the planning proposal.

Part 5 Project Timeline

This part consists of a table that sets out the key project milestones and anticipated commencement and completion dates for each milestone. The dates shown are indicative only and subject to review as the project progresses.

Part 1 Objectives and Intended Outcomes

The objectives of this planning proposal are:

To amend the minimum land zoning map and floor space ratio map to enable an expansion of the North Orange shopping centre.

Part 2 Explanation of the Provisions

Amendment of the Land Zoning Map in accordance with the proposed Land Zoning Map (to be drafted under direction of Gateway Determination)

Amendment of the Floor Space Ratio Map in accordance with the proposed Floor Space Ratio Map (to be drafted under direction of Gateway Determination)

Part 3 Justification

Section A – Need for the planning proposal

1. Is the planning proposal a result of any strategic study or report?

Yes.

The proponent has submitted an economic case for the expansion of the shopping centre. This has been peer reviewed and compared to the Business Centres Review strategy, finding that a moderate expansion of the shopping centre is now warranted given the continued expansion and growth of the North Orange population base.

2. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

The planning proposal is the best known means of achieving the intended outcomes. In reaching this conclusion alternative sites have previously been rejected by Council due to land use conflicts that are not apparent on the current proposal.

3. Is there a net community benefit?

Yes. The result of the planning proposal will provide greater employment and access to a broader range of facilities for the growing population base. This will in turn reduce traffic congestion in the CBD.

Section B – Relationship to strategic planning framework

4. Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy?

Not relevant – no applicable sub-regional strategy.

5. Is the planning proposal consistent with the local council’s Community Strategic Plan, or other local strategic plan?

Yes.

6. Is the planning proposal consistent with applicable state environmental planning policies?

Yes.

7. Is the planning proposal consistent with applicable Ministerial Directions (s.117 directions)?

Yes.

Section C – Environmental, social and economic impact

8. Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

No. The sites selected for Amendment 8 have been chosen to avoid conflicts with ecologically sensitive lands. The land concerned has been heavily disturbed and cleared through previous agricultural practices.

9. Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

None envisaged.

10. How has the planning proposal adequately addressed any social and economic effects?

The fundamental intention of the proposal will provide direct economic benefits to the local community, both in terms of employment opportunities and improved shopping options.

Section D – State and Commonwealth interests

11. Is there adequate public infrastructure for the planning proposal?

Yes. The proposal is to be considered in conjunction with the establishment of a link road at the northern end of Telopea Way heading westwards to connect with an as yet unconstructed section of Diamond Drive. This link road will provide significant relief to the congestion currently evident at the intersections of Telopea Way, Farrell Road and the NDR.

12. What are the views of State and Commonwealth public authorities consulted in accordance with the gateway determination?

Not applicable, the planning proposal is at the pre-gateway stage. It is anticipated that the project will involve consultations with:

RMS and Dept of Planning and Environment,

Part 4 Community Consultation

Community consultation will be undertaken in accordance with the requirements of the gateway determination. It is anticipated that this proposal will not be deemed to be a low impact proposal. Accordingly an exhibition period of 28 days is expected.

This will commence by giving notice of the public exhibition of the planning proposal via:

· an advertisement in the Central Western Daily;

· a notification on the Orange City Council website www.orange.nsw.gov.au; and

· written advice direct to adjoining landowners.

All forms of the notice shall include:

· a brief description of the objectives and intended outcomes of the planning proposal;

· an indication of the land affected by the planning proposal;

· the location and dates where the planning proposal may be inspected;

· the contact name and address at Orange City Council where submissions may be directed; and

· the closing date of the submission process.

During the exhibition period, the following materials will be made freely available for public inspection:

· The planning proposal, in the form approved for community consultation by the Director-General of Planning;

· The gateway determination; and

· All studies and supporting material relied upon by the planning proposal.

Following the exhibition period, a report will be prepared analysing any submissions received and making recommendations as to any appropriate changes or adjustments to the planning proposal, for the consideration of Orange City Council.

Where contact details have been provided all persons and organisations making a submission will be advised of the date and time of the relevant council (or committee) meeting where the report is to be considered, and subsequently advised of the determination.

Council Meeting 20 September 2016

5.6 Request For financial Assistance

TRIM REFERENCE: 2016/2104

AUTHOR: Josie Sanders, Management Accountant

EXECUTIVE Summary

Council is in receipt of requests for financial assistance under section 356 of the Local Government Act 1993. The report provides details of applications received.

Link To Delivery/OPerational Plan

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

Financial Implications

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Implications in this report

None of the applications are recommended to be funded because there are no uncommitted available funds for the applications attached to the report given both the General Donations, and Major Promotions budget have been fully expended.

As Council is aware, the donations policy is promoted widely as part of the budget process and all applicants (successful or not) who have sought donations in the past couple of years are individually written to with an invitation for them to make submissions for donations/sponsorships so their allocation is more certain given it is included in the budget processes. This has been successfully completed again this year.

However, for the first time this year, $2,000 for each Councillor has been reserved to enable Councillors to allocate their $2,000 to issues as they arise throughout the year. If any of the attached are supported by a Councillor an allocation can be made from their allocation. A table is provided below and it will be updated with each report to show how much each Councillor has apportioned to their supported projects.

The overall donations/sponsorship budget for 2016/17 is as follows:

Program	Adopted Budget	Actual/Committed	Remaining balance
General Donations	84,378	84,378*	Nil
Major Promotions	72,127	72,127	Nil

* The allocation of 19 x $100 reserved for school prize giving is accounted for in the actual/committed column of the table. The actual/committed column also includes the Councillor allocation of $24,000 ($2,000 per Councillor) which is available to be allocated by Councillors throughout the year.

Individual Councillor allocations are as follows:

Councillor	Adopted Budget	Actual/Committed (as resolved)	Remaining balance
Councillor Davis	$2,000	$0	$2,000
Councillor Hamling	$2,000	$0	$2,000
Councillor Brown	$2,000	$0	$2,000
Councillor Duffy	$2,000	$500 – Come Together Choir	$1,500
Councillor Gander	$2,000	$0	$2,000
Councillor Gryllis	$2,000	$0	$2,000
Councillor Jones	$2,000	$0	$2,000
Councillor Kidd	$2,000	$0	$2,000
Councillor Munro	$2,000	$0	$2,000
Councillor Taylor	$2,000	$0	$2,000
Councillor Turner	$2,000	$500 – Come Together Choir	$1,500
Councillor Whitton	$2,000	$0	$2,000

Policy and Governance Implications

Nil

Recommendation

That, as Council needs to resolve to allocate additional expenditure, should a Councillor wish to support any of the attached applications for financial assistance, the applicant and amount be specified.

further considerations

SUPPORTING INFORMATION

Apart from the Councillor allocation identified above, the budgets in both the donations and major promotions areas have been fully expended via the annual call for requests and subsequent allocation of funding approved by Council in the Delivery/Operational Plan.

Council has received the following requests for financial assistance.

Councillors could opt to apply part or all of their individual allocation to these applications as this is the only remaining funding for donations. A resolution of Council noting the individual allocations is required so monies can be allocated to other organisations.

The policy position on each is provided for context.

· Foodcare Orange Incorporated - Policy position - Complies with policy and if budget had been available staff would have recommended approval of the application for $3,000.

· Orange Eight Day Games – King & Queen of Sport Competition. Council had previously received a request for $5,000, which was declined by Council when applications were considered in the budget process, however the group is now seeking a lesser amount of $2,500 to support the 40^th year of running this event – Policy position - Complies with policy and if budget had been available staff would have recommended approval of the application for $2,500.

Attachments

1 Donation Table, D16/40811 ⇩

2 Foodcare Orange Incorporated, IC16/13788 ⇩

3 Orange Eight Day Games - King & Queen of Sport, IC16/13800 ⇩

Council Meeting 20 September 2016

5.6 Request For financial Assistance

Attachment 3 Orange Eight Day Games - King & Queen of Sport

CATEGORY SELECTION - PLEASE TICK ONE CATEGORY ONLY

CATEGORY 1 – RATES REIMBURSEMENT

considered annually

Not for Profit organisations only – applies to general rates only

CATEGORY 2 – SPORTS PARTICPANT PROGRAM considered quarterly – please select one only from the following:
£	Individual Excellence in sporting achievement – up to a maximum of $100 ex GST
£	Regional/State representative – Individual – up to a maximum of $100 ex GST
£	Regional/State representative – Group/team – up to a maximum of $200 ex GST
£	National/International representative – Individual – up to a maximum of $250 ex GST
£	National/International representative – Group/team – up to a maximum of $750 ex GST

CATEGORY 3 – ANNUAL DONATION

considered annually

Annual allocation – up to a maximum of $3,000 (ex GST)

CATEGORY 4 – SPORTS FACILITIES PROGRAM

considered annually

One-off allocation for capital expenditure projects – up to a maximum of $15,000 (ex GST) on a matching funding basis.

CATEGORY 5 – GENERAL REQUESTS considered quarterly – select one only from the following:
£	Excellence in educational – Individual – up to a maximum of $100 ex GST
£	Prize giving – per school/organisation – up to a maximum of $100 ex GST
£	Reduction in Council Venue hire fees (of 50% up to a maximum of $500 ex GST)
£	Miscellaneous – up to a maximum of $500 ex GST
£	Community event – seed funding – event must be managed by a not for profit or community group – up to a maximum of $1,000 ex GST

CATEGORY 6 – EVENT / MAJOR PROMOTION SPONSORSHIP

considered quarterly

Sponsorship – up to a maximum of $5,000 (ex GST) per organisation/event

CATEGORY 7 – HERITAGE ASSISTANCE

considered annually

Heritage Assistance Fund

Description of organisation and its purpose

The Orange Eight Day Games is a unique annual event, which is held in Orange each year for 8 consecutive days during November. This year’s games are scheduled to be held between the 12^th & 19th November throughout the town of Orange.

The event gives the opportunity for anyone over the age of 18 to participate in sporting activities during the week they wouldn’t normally attempt. It is a week to assist promote health, fitness & wellbeing showcasing the facilities both council & our sporting organisations have to offer. We utilise many different sporting clubs & facilities to conduct the events. Age is no barrier with competitors in recent years aging in their 70’s.

We are a non-profit organisation with the games organised by a group of volunteers who donate hundreds of hours in time each year in both preparing the events for the games & throughout the week.

The funds from the grant will contribute enormously to the successful running of the event inclusive of subsidizing events, advertising the event, assisting with trophies & prizes, subsidising insurance costs, guest speakers as well as general administrative costs.

We are proposing to have commemorative bibs made for each competitor which they can keep as well as polo shirts competitors can wear promoting the event whenever they like.

We have begun the process of inviting as many competitors as possible from previous years of the event including the likes of Dominic Connaughton (who is definitely competing & 7 time King), Graham Overgard, Garry Williams, Bill Moeller, Suzi Balough etc just name a few to come back if not to compete but be a part of the celebrations in particularly on the 19^th November at what will be a formal gala dinner to celebrate the history & achievements of our event.

This year is our 40^th consecutive running of the event with planning already underway to celebrate the unique milestone. We have already had media interest who will likely run a story on the event (Wide World of Sports) as it draws closer with 2 guest speakers (Ken Sutcliffe & Melinda Gainsford-Taylor) both indicating they would like to be a part of the celebration at our presentation night.

The event draws competitors from several areas of the state & country with last year’s competitors coming to Orange for the week from as far as Central Queensland, Wollongong, Canberra, Wagga Wagga & Sydney. Early indications we will have competitors to celebrate the week this year from Victoria, Queensland & many areas of NSW.

We are planning to promote the event externally through various media outlets this year to promote not only what our event is about but showcase some of the facilities & clubs our great city has to offer.

We plan to have a cocktail function the night prior to this year’s event commencing to welcome competitors from yesteryear, sponsors, volunteers & competitors competing this year along with our gala dinner at the completion of the week’s sports at our presentation night.

We estimate throughout the week we will have over 120 various people of varying ages volunteer their time to marshal, score, assist or lend a hand at each event.

This year will be the 40^th running of the Orange Eight Day Games with the Orange City Council been a great supporter of the games through both financial sponsorship & use of grounds around the city on a continual basis since the inception of the event. It a partnership we would like to continue & have the Orange City Council be a big part of our celebrations this year.

Any funding if approved will be greatly appreciated & assist reduce the costs for our competitors as well allow to promote this unique event to Orange across the state in various media forms.

Description of the event/project, where will the event be held, what is the expected impact

The event is held throughout the city of Orange over the 8 days as detailed above. We utilise many local sporting organisations through use of their facilities & services, with often competitors joining clubs as a result of the competition. The competitors have a positive impact on the town through the use of many outlets including retail, restaurants, fuel outlets & feedback about the city to relatives with many traveling & utilising motels/hotels whilst in town.

Time frame of your project

Start Date 11^th Nov (pre games Dinner) through till

End Date 19^th November (presentation night)

Project Costs

Total Project Cost (ex GST)

Amount seeking from Council in cash (ex GST)

$2,500 – any funding will have the money allocated so utilised in most effective way.

Are you seeking any in-kind support from Council? If so, please identify the services required

We when the event is close to be finalised request the use of a couple to facilities to conduct events.

As always we will work in with other organisations so all events booked can run smoothly.

If you are applying under categories 3, 4 or 6, you must complete the following section to illustrate matching $ for $ from your organisation. For other categories a demonstration of your cash contribution would be favourably assessed.

What is the cash amount you/your organisation will be contributing (ex GST)?	$4,200 nominations fees
What, if any, is the in-kind amount you/your organisation will be contributing?	$

Are you applying for funding for a capital project (equipment purchase, building or property improvements etc.)?

If yes to this item, you must attach three (3) quotations to this application form

Yes No

ALIGNMENT TO THE COUNCIL’S STRATEGIC COMMUNITY PLAN

ALL APPLICANTS ARE TO COMPLETE THIS SECTION

Council must align its expenditure to the directions in the Community Strategic Plan (CSP). Copies of the CSP are available at Council offices, Libraries and from the Council website www.orange.nsw.gov.au. The CSP lists the directions and their associated strategies and objectives in detail and should be consulted to ensure your application links to the appropriate element(s). Alignment with Councils CSP will substantially strengthen your application.

Which direction from Council’s Community Strategic Plan (CSP) does your application best align to? – select one from Our City, Our Community, Our Economy or Our Environment.

OUR CITY
£	The Orange community will embrace and support strong, accountable leadership to ensure effective, long term, inclusive planning and decision making within the region
Having consulted the Community Strategic Plan, which strategies in the Our City Section does your project support? List the numbers of the strategies only.		List numbers:

OUR COMMUNITY
£	The Orange community will support and enhance a healthy, safe and liveable city with a range of recreational, cultural and community services to cater for a diverse population.
Having consulted the Community Strategic Plan, which strategies in the Our Community Section does your project support? List the numbers of the strategies only.		List numbers: 5,6,8

OUR ECONOMY
£	The Orange community will plan and grow an innovative, diverse and balanced economy which protecting the character of the City and the region
Having consulted the Community Strategic Plan, which strategies in the Our Economy Section does your project support? List the numbers of the strategies only.		List numbers: 10

OUR ENVIRONMENT
£	The Orange community will pursue the balance of growth and development and the protect and enhancement of the built and natural environment while recognising climate impact and the diverse needs of the urban, village and rural communities
Having consulted the Community Strategic Plan, which strategies in the Our Environment Section does your project support? List the numbers of the strategies only.		List numbers:

Are you using any local businesses?

This will assist in demonstrating the local benefit of your project to other members of our community. Using local services will significantly strengthen your application.

If an acquittal is required you will need to confirm the level of expenditure to local businesses compared to the level you identify here and also provide evidence that payment has been made to these businesses.

Engaging with local businesses will assist in a favourable assessment of your application.

Business name	Services Provided	Estimated amount to be paid to them (Ex GST)
Orange City Bowling Club, Orange Goldseekers Club, Orange Bowhunters, Orange Clay Target Club, Orange Ten Pin Bowl, Orange PCYC, Wentworth Golf Club, Various Council Grounds, Orange Croquet Club, Orange Runners Club, Integra Health & Welling Club.	Use of facilities & volunteers to assist running of events throughout the week of the event.	$10 per competitior to Clay target for cost of bullets, $10 per competitor to Orange Ten Bowling Club for 2 games of ten pin per competitor. Bowhunting Club for arrows. Go Kart Club, still negotiating costs.

Will your project create any jobs – either short or long term?
Estimated long term full time jobs to be created	No specific jobs, but we have over 100 people volunteer their time to assist with the event during the week.
Estimated short term (up to 6 months) jobs to be created

DECLARATION

ALL APPLICANTS ARE TO COMPLETE THIS SECTION

On behalf of Orange Eight Day Games King & Queen of Sport

___________________________________________________________________________

(NAME OF ORGANISATION, IF APPLICABLE)

I declare that the information provided above is complete and correct

£	I have read and understood Council’s “Donations and Grants” Strategic Policy (ST029) and Operational Policy (OP012).

___________________________________________________________________________

Jason Lyne

___________________________________________________________________________

Honorary Secretary

___________________________________________________________________________

7^th September 2016

___________________________________________________________________________

THE INFORMATION YOU PROVIDE IS PERSONAL INFORMATION FOR THE PURPOSES OF THE PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998. THE SUPPLY OF THE INFORMATION BY YOU IS VOLUNTARY. IF YOU CANNOT PROVIDE OR DO NOT WISH TO PROVIDE THE INFORMATION SOUGHT, YOUR APPLICATION MAY BE UNABLE TO BE PROCESSED. THIS PERSONAL INFORMATION IS BEING COLLECTED FROM YOU IN ORDER TO PROCESS YOUR APPLICATION.

Council Meeting 20 September 2016

5.9 Central West Councils Environment and Waterways Alliance

TRIM REFERENCE: 2016/2061

AUTHOR: David Waddell, Director Development Services

EXECUTIVE Summary

The Central West Councils Environment and Waterways Alliance (Alliance) is a partnership of 19 councils across the Central West of NSW, encompassing both the Central Tablelands and Central West Local Land Services regions. The Alliance exists to improve environmental outcomes across the region. Orange City Council is a foundation member of the Alliance.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “13.2 Our Environment – Identify changing community aspirations and undertake community engagement to inform planning and advocacy of plans and policies for integrated water management and energy utilities”.

Financial Implications

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Implications in this report

Council’s annual membership to the Alliance is $5,250 which is increased by CPI each year. Council’s adopted budget includes a provision to cover the costs of this membership.

Policy and Governance Implications

Nil

Recommendation

That the report by the Director Development Services on the Central West Councils Environment and Waterways Alliance be acknowledged.

further considerations

SUPPORTING INFORMATION

The Central West Councils Environment and Waterways Alliance (Alliance) is a partnership of 19 Councils across the Central West of NSW, encompassing both the Central Tablelands and Central West Local Land Services regions. The Alliance exists to improve environmental outcomes across the region. Orange City Council is a foundation member of the Alliance.

To facilitate the operation of the Alliance a Project Support Officer is employed to assist Councils with on-ground works, grant funding opportunities, project development and management and the organisation of Alliance meetings and capacity building events. This role is supported and complimented by relevant staff from both participating Local Land Services regions.

In 2015 the Alliance experienced a significant period of change and growth. The name of the Alliance was changed to the Environment and Waterways Alliance (formerly the Salinity and Waterways Alliance) to better represent the priorities and outcomes of the partnership. This recognises that much of the focus of the group surrounds issues along waterways and rivers – Coxs, Fish, Macquarie, Castlereagh, Bogan, Lachlan, Cudgegong Rivers and their many tributaries as well as the surrounding terrestrial catchments.

As well as a new name the Alliance has adopted a new 5 Year Plan to guide works into the future. This 5 Year Plan was developed in consultation with member councils and took into account priorities and objectives from each member council’s Community Strategic Plan and Delivery and Operational Plan as well as the Local Land Services State Strategic Plan. The 5 Year Plan features a range of Strategies and Actions designed to deliver on the six Priorities identified within the plan being:

· Land

· Biodiversity

· Water and Waterways

· People and Communities

· Towards Sustainability

· Council Capacity

These six strategies align with the existing Regional State of the Environment Reporting of which Orange City Council is also involved.

To improve communications within the Alliance as well as with external parties, a new Alliance website and associated Facebook page were developed during 2015. The website in particular is an important resource for Council staff as it is a repository for many documents and materials, news, case studies and grant funding and award information. Both the website and Facebook pages are available to be utilised by Councils to promote relevant environmental events or achievements, news items and employment opportunities. The website can be viewed at: www.cwcewa.com.au

A major benefit of Alliance membership for Council is the capacity building events held across the year to upskill Council staff. In 2015 registered training in the form of Sediment and Erosion Control training was held at various locations across the region at no cost to member councils. Additionally, the Alliance partnered with the Central West and Orana branches of the Institute of Public Works Engineering Australasia to host a Stormwater Best Management Practice Conference in Dubbo. These training and capacity building events are funded by Local Land Services as a means of investing in positive, long-term environmental outcomes for the region.

Grant funding specifically for Alliance member councils was awarded on a competitive basis by both the Central Tablelands and Central West Local Land Services regions with a total of $90,000 being distributed to Local Government in this manner in the 2015/16 financial year. This funding is contributing towards various projects including the development of management plans, river restoration works, community events, litter capture projects and training events. Orange City Council successfully received funding for the Floating Habitat Island at Gosling Creek Reserve which Nigel Hobden presented on at the recent 8th Australian Stream Management Conference and the Funding for the Urban Waterways Rehabilitation Action Plan.

Orange City Council partnered to host the Hollows for Habitat Forum which Mayor Davis officially opened. Orange is one of five councils involved in the Creating Superb Homes for Parrots project and hosting the project launch by Cr Chris Gryllis.

Orange City Council is also part of the Regional State of the Environment report.

Looking towards 2016, the Alliance continues to deliver for its member councils through the delivery of registered training and capacity building events within our region. Manage a Local Government Project training is being hosted in partnership with Institute of Public Works Engineers in March at a heavily subsidised rate for Alliance member councils. Additionally, the Alliance is planning to host Hollows for Habitat seminar to upskill participants as well as to provide exposure to industry experts and best management practice habitat augmentation for native fauna.

In order to fund the operational costs of the Alliance, financial contributions are made by each member Council representing 50% of the total Alliance funding. The remaining 50% of funding is contributed equally by Central Tablelands and Central West Local Land Services who utilise the existing and functional Alliance format as their primary means of engagement with Local Government across their respective regions. Additionally, Local Land Services continue to invest heavily in the Alliance through the aforementioned grant funding and training opportunities made available to Alliance member councils.

5.10 MCNAMARA LANE WORKS

TRIM REFERENCE: 2016/2151

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

EXECUTIVE Summary

This report seeks endorsement for remediation works to be undertaken in McNamara Lane including the installation of a parklet.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “6.2 Our Community – 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”.

Financial Implications

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Implications in this report

The proposed works can be funded within the current Delivery/Operational Plan.

Policy and Governance Implications

Nil

Recommendation

1 That Council approve the following works at the McNamara Lane parklet:

a Construction of kerb and gutter along existing alignment

b Reconstruction of the concrete footpath adjacent to the new kerb

c Provision of a bike rack

d Provision of seating

e Planting of shrubs and installation of solar lighting.

2 That Council endorse the City of Orange Traffic Committee recommendation from its meeting of 9 August 2016 “That Council installs a 13.5 metres long loading zone on the eastern side of McNamara Lane beginning 30 metres south of Summer Street as per drawing CP00053.”

further considerations

SUPPORTING INFORMATION

Item 3.11 of the minutes of the City of Orange Traffic Committee meeting held on 14 June 2016 which dealt with the proposed upgrade of a section of McNamara Lane behind the parking area for the Hotel Canobolas, was deferred by Council to enable Councillors to inspect the proposed works. (Mrs Churchill from L&J Churchill Mechanical repairs in McNamara Lane attended this meeting and raised a number of concerns about the proposal relating to potential anti-social behavior, leaves blowing into their business and the justification of the need for this proposed upgrade).

The proposed works included the reconstruction of the kerb and gutter together with the following improvements:

· Reconstruction of the concrete footpath adjacent to the new kerb

· Provision of a new bike rack (as requested by nearby businesses)

· Provision of seating

· Planting of trees

This work will remove an existing informal, and potentially unsafe, parking arrangement where vehicles park between the concrete footpath and property boundary. This results in vehicles crossing over or driving along the concrete footpath to gain access to/from this area, potentially impacting on pedestrian movements along the footpath.

The work is proposed to be funded under the respective kerb and gutter and footpath rehabilitation budgets, with work on the cycle rack and seating from the Cycling Towns grant program.

Council inspected the site on Saturday 23 July 2016 and held further discussions with interested parties. Following that discussion, it is proposed to conduct the following works:

· Reconstruction of the kerb and gutter

· Reconstruction of the concrete footpath adjacent to the new kerb

· Provision of a new bike rack (as requested by nearby businesses)

· Provision of seating

· Planting of shrubs, rather than plenty of trees as originally planned, and installation of solar lighting

Council also notes correspondence received from Mrs Churchill on 8 August 2016 in relation to the proposed parklet and in particular queries as they relate to the following:

a Will motorcycle parking still be allowed? This element has not been included in the recommendation.

b Will trees or shrubs be planted? As identified in the recommendation the proposal is for shrubs to be planted.

c A request that the whole area be designated non-smoking is supported. This will also benefit all users of the parklet.

d Will permanent and regular arrangements be made to ensure that the area is kept clean and tidy? As with all parks, this area will be maintained by Council.

Item 3.2 of the 2 August 2016 Infrastructure Policy Committee promoted much discussion in relation to the incorporation of a loading zone within the above detailed proposed McNamara Lane parklet. Based on this discussion, Council’s Technical Services division has further reviewed the available options for a loading zone in this area which can function both safely and efficiently for the surrounding businesses.

Council’s Engineering Services Manager attended the site on 3 and 4 August 2016 and met with the following stakeholders:

· Mr Ray Nicholls, General Manger Wrap-rite, which is the major business in the area currently impacted by lack of loading zone facilities. As noted in Mr Nicholls’ correspondence to Council dated 7 June 2016, Wrap-Rite generally receive up to 12 pallets per day which are unloaded with a conditional road registered fork lift within McNamara Lane. Mr Nicholls indicated support for the proposed loading zone location.

· Mr Lance Churchill, owner of L&J Churchill Mechanics. Mr Churchill indicated support for the installation of the proposed loading zone, but noted their position in relation to the proposed parklet and installation of associated infrastructure remains unchanged.

· Courtney, Pilgrim Books staff. Noted they have no major deliveries, and could make no comment in relation to the loading zone. The store manager is currently on leave.

· Mr Guy Hampton, owner of The Grocer & Co Store. Mr Hampton fully supports the proposed loading zone location.

· Mr Malcolm Honeysett, owner of Dotted Eight Café. Mr Honeysett fully supports the proposed loading zone location.

· Mr Semin Jeon, Mr Lim, owner of Korean Restaurant, 282 Summer Street. Mr Jeon fully supports the proposed loading zone location.

The proposed loading zone location is in a central position on the eastern side of McNamara Lane. The advantages of this location include:

· Minimal cost to Council, with the installation of loading zone and No Stopping signage only required.

· Provides a dedicated loading zone for McNamara Lane businesses to utilise and is located on the eastern side, which is the side of the road where the majority of businesses are located and ensures the Wrap-Rite conditional registered fork lift is moving in the approved one way direction of McNamara Lane when loaded.

· At this location McNamara Lane increases in width, and the proximity to the intersection with Summer Street assists in ensuring reduced speed of through traffic.

· At this location, entrance and exit turning movements are assisted by the adjacent disabled parking spaces being longer in length (north) and the driveway access to 282 Summer Street clear area (south), therefore a larger 12.5m rigid truck can be accommodated safely.

· Separation of proposed parklet and loading activities.

Possible disadvantages of this location include:

· Loss of three short term one hour parking spaces.

· Interaction between forklifts, trolleys and vehicle movements within a public road corridor will continue as per current situation, albeit, they will take place in the wider section of McNamara Lane.

During the 2 August 2016 Infrastructure Policy Committee meeting, an alternative loading zone was discussed. The discussion identified the opportunity for a loading zone to be incorporated into the proposed parklet area, being indented or parallel to the kerb on the western side of McNamara Lane.

Disadvantages of this location include:

· Loss of four to five car parking spaces within McNamara Lane.

· Wrap-Rite conditional registered fork lift will be moving in the wrong direction along McNamara Lane when loaded and operator’s line of sight potentially impaired.

· Is located within the narrow section of McNamara Lane, with the potential to maximise traffic disruption during unloading operations.

· Increased interaction with vehicles due to be located on western side of lane, with the majority of businesses being located on the eastern side.

The resolution from this meeting was for more information, specifically detailed scale plans of the two proposals. These are attached to this report.

On 15 August 2016 letters were received from Mr Churchill and Mr Nicholls advising that they did not support the proposed location of the loading zone on the eastern side of McNamara Lane and identifying issues which supported their position.

The letter from Mr Churchill asked that the matter of the loading zone location be considered by the City of Orange Traffic Committee. Following the Infrastructure Policy Committee meeting on 2 August the issue of the loading zone location was considered by the Traffic Committee at its meeting on 8 August 2016, with options on both sides of McNamara lane considered strictly on their merit from a traffic safety and functionality viewpoint, with no specific reference to the pros and cons of the parklet proposal. The recommendations of the Traffic Committee were “That Council installs a 13.5 metres long loading zone on the eastern side of McNamara Street beginning 30 metres south of Summer Street as per drawing CP00053”.

Mr Churchill also raised concerns in his letter relating to the extension of the No Stopping Zone in front of his business premises. This zone can be reduced to extend only to the northern corner of the access to Wrap–Rite, and avoid extending along the frontage of Mr Churchill’s business.

Cr Duffy has previously requested information on the amount of parking contributions paid by businesses in this area, as well as clarification of the alignment of the Dotted 8 Café. This information is being prepared and will be provided to Councillors separately.

Attachments

1 McNamara Lane Parklet, D16/26871 ⇩

2 McNamara Lane Modifications, D16/34504 ⇩

3 McNamara Street Loading Bay-Indented Bay Vehicle Tracking, D16/41839 ⇩

4 McNamara Street Loading Bay-Option 2d - CP00053, D16/41810 ⇩

Date of Meeting	Question	Responsible Staff Member	Action	Date for completion
6 September 2016	Cr Whitton requested Council investigate funding that may be available under the Smart Cities Program or other suitable program, to upgrade CCTV technology used in the Central Business District.	Director Community, Recreation and Cultural Services	Council staff have commenced the investigation of the upgrade. The provider of CCTV visited Orange on Monday 12 September to conduct an initial review and provide advice for consideration.	November 2016
6 September 2016	Cr Gryllis requested that Council invite the President of the Orange Chamber of Commerce to attend either a Council Meeting, or the Economic Development Community Committee meeting, to outline the Chamber’s suggestions on ways to encourage development in the City.	Business Development Manager	Invitation has been sent to the Chamber of Commerce. The dates proposed were the 4 October Council meeting and 5 October Communty Committee meeting.	October 2016
16 Aug 2016	Cr Duffy asked if Council is able to apply a bond for developments in relation to any damage to infrastructure.	Manager Engineering Services	Information being collated for circulation to Councillors.	November 2016
	Cr Kidd requested information on the implementation of Council’s decision in July 2009 to allocate $250,000 per annum into the Showground reserve.	Manager Administration and Governance	Memo to be circulated to Councillors.	16 Sept 2016
	Cr Duffy requested information on the depth of concrete required on sheds used by Finemores Transport and Whites Transport.	Director Development Services	The depth of concrete required is 150mm	9 Sept 2016
5 Jul 2016	Cr Duffy requested that Essential Energy be asked to review lighting levels around taxi ranks in the City and particularly the taxi rank in Anson Street.	Commercial and Emergency Services Manager	Essential Energy advised they do not undertake street lighting audits and Council would need to engage a contractor to do the audit. Staff will seek quote to undertake the audit and provide to Council for consideration of funding.	30 Sept 2016
2 Feb 2016	Cr Jones requested a briefing to discuss progress on a new caravan park.	Director Corporate and Commercial Services	Options being progressed to present to briefing – includes the harness club and go kart track implications	30 October 2016
16 Jun 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	Asbestos Steering Group has provided recommended actions following a specialist consultant report that are being assessed by staff for implementation.	30 August 2016

Project stage	Commencement	Completion
Gateway Determination	March 2015	March 2015
Government Agency consultation	April 2015	April 2015
Public Exhibition Period	April 2015	April 2015
Public Hearing	as per the Gateway Determination
Consideration of Submissions	May 2015	May 2015
Consideration of post exhibition proposals (Report to Council)	June 2015 SDC meeting
Seeking and obtaining legal opinion from Parliamentary Counsels Office	Mid June 2015	July 2015
Submission to the Department of Planning and Infrastructure to finalise	Dependent on PCO
Anticipated date the plan will be forwarded to the Department for notification	Dependent on PCO

Name of organisation, group or person seeking funding Orange Eight Day Games – King & Queen of Sport Competition
Address C/- 27 Glendale Cresent, Orange, NSW 2800
Postal Address (if different from above) P.O. Box 8236 East Orange, NSW 2800
Name and position of the contact person
Name	Jason Lyne
Position		Honorary Secretary
Phone (BH)			0409 822 334	Phone (AH)
Phone (M)			0409 822 334
Email
What is the legal status of your organisation? (eg Incorporated, Association, etc.) If not for profit please attach evidence – such as charter/constitution showing no personal gain will be available to members, charitable status advice or a statutory declaration Incorporated – public liability $20,000,000.
Is your group / organisation registered for GST?					No
ABN (if applicable)				ACN (if applicable)

BSB No	802-129		Account No	37550
Account Name		Orange Eight Day Games
Bank	Orange Credit Union

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.