ORANGE CITY COUNCIL

Infrastructure Policy Committee

 

Agenda

 

7 March 2017

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Infrastructure Policy Committee meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 7 March 2017.

 

 

Garry Styles

General Manager

 

For apologies please contact Michelle Catlin on 6393 8246.

    

 


Infrastructure Policy Committee                                                            7 March 2017

Agenda

  

1                Introduction.. 3

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

2                Committee Minutes. 4

2.1            Minutes of the City of Orange Traffic Committee - 14 February 2017. 4

3                General Reports. 9

3.1            Current Works. 9

3.2            Developer Contributions to Footpaths. 20

 


Infrastructure Policy Committee                                                            7 March 2017

 

1       Introduction

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

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

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

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

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

Recommendation

It is recommended that Committee Members now disclose any conflicts of interest in matters under consideration by the Infrastructure Policy Committee at this meeting.

 


Infrastructure Policy Committee                                                            7 March 2017

 

 

2       Committee Minutes

2.1     Minutes of the City of Orange Traffic Committee - 14 February 2017

TRIM REFERENCE:        2017/263

AUTHOR:                       Chris Devitt, Director Technical Services    

 

 

EXECUTIVE SUMMARY

The City of Orange Traffic Committee met on 14 February 2017 and the recommendations from that meeting are presented to the Infrastructure Policy Committee for adoption.

Link To Delivery/OPerational Plan

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

Financial Implications

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.

There are no financial implications from these minutes.

Policy and Governance Implications

Nil

 

Recommendation

That the recommendations made by the City of Orange Traffic Committee at its meeting held on 14 February 2017 be adopted.

 

further considerations

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

SUPPORTING INFORMATION

The Committee considered the report on North Orange Traffic presented to Council in November 2016 and gives in principle support for Council’s preferred intersection treatment concept for the William Maker Drive, Northern Distributor Road intersection.

 

Attachments

1        Minutes of the Meeting of the City of Orange Traffic Committee held on 14 February 2017

 



ORANGE CITY COUNCIL

 

MINUTES OF THE

City of Orange Traffic Committee

HELD IN Councillors Workroom, Civic Centre, Byng Street, Orange

ON 14 February 2017

COMMENCING AT 9:05AM


 1      Introduction

Attendance

Cr R Turner (Chairperson), Mr David Vant, Mr Geoff Lewis, Commercial and Emergency Services Manager, Road Safety Officer, Works Manager, Manager Engineering Services, Planning Team Leader, Senior Planner (Glenn), Transport Assets Engineer, Divisional Administration Officer

 

1.1     Apologies and Leave of Absence

 

RESOLVED                                                                                            Cr R Turner/Mr D Vant

That the apology be accepted from Sgt Mark Hevers for the City of Orange Traffic Committee meeting on 14 February 2017.

 

1.2     Acknowledgement of Country

 

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

Nil

2       Previous Minutes

RESOLVED                                                                                            Cr R Turner/Mr D Vant

That the Minutes of the Meeting of the City of Orange Traffic Committee held on 13 December 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 City of Orange Traffic Committee meeting held on 13 December 2016.

 

 

General Reports

3.1     Council Delegated Authority

TRIM Reference:        2017/154

Recommendation                                                                           Mr D Vant/Cr R Turner

That the information contained in the letter received from Roads and Maritime Services on Council delegations be acknowledged.

 

 

3.2     SCODY NSW Triathlon Club Champs

TRIM Reference:        2017/64

Recommendation                                                                          Cr R Turner/Mr G Lewis

That the SCODY NSW Triathlon Club Champs on 18 March 2017 be supported in principle subject to compliance with conditions imposed by the Police.

 

 

3.3     Brass Celebration March

TRIM Reference:        2017/96

Recommendation                                                                           Cr R Turner/Mr D Vant

That the Conditional Approval for the Brass Celebration March on 11 March 2017 be endorsed subject to compliance with the attached conditions.

 

 

3.4     NSW Masters Road Cycling Championships

TRIM Reference:        2017/158

Recommendation                                                                          Cr R Turner/Mr G Lewis

That the Conditional Approval for the NSW Masters Road Cycling Championships be endorsed subject to compliance with the attached conditions.

 

 


 

 

3.5     North Orange Traffic

TRIM Reference:        2017/204

Recommendation                                                                          Mr G Lewis/Cr R Turner

1    The City of Orange Traffic Committee notes the attached report and Council’s resolution to develop designs for a four leg roundabout at the William Maker Drive, Northern Distributor Road intersection.

2    The City of Orange Traffic Committee gives in principle support for Council’s preferred intersection treatment concept.

 

 

The Meeting Closed at 9:35AM.

  


Infrastructure Policy Committee                                                            7 March 2017

 

 

3       General Reports

3.1     Current Works

TRIM REFERENCE:        2017/297

AUTHOR:                       Chris Devitt, Director Technical Services    

 

 

EXECUTIVE Summary

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

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “14.1 Our Environment – Design and construct new infrastructure assets as specified with the Asset Management Plan to agreed levels of service”.

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.

Policy and Governance Implications

Nil

 

Recommendation

That the information provided in the report on Current Works be acknowledged.

 

further considerations

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

SUPPORTING INFORMATION

Road Maintenance

Maintenance activities continued across the City with a focus on utilising Council’s purpose built pothole repair jetpatching unit.

Extensive pothole patching works were carried out on Canobolas Road and Pinnacle Road.

Works to reshape the cul-de-sac head and improve drainage were undertaken in Yackerboon Crescent.

Road Rehabilitation

Work on this program will recommence with Council crews in late March following airport taxiway reconstruction.

Road Upgrading

Clergate Road

Hamcon Constructions continue with bulk earthworks for the widening of Clergate Road. The installation of new drainage pipes is expected to commence in the week beginning 27 February 2017.

Telstra services have begun to be relocated clear of the new works.

A good run of dry weather has ensured steady progress of this project.

Photo : Widening of Clergate Road north of Farrell Road

Burrendong Way

Works on extending the ongoing reconstruction of Burrendong Way north of the Distributor Road have been awarded to Belmur.  The contractor will arrive on site in the week beginning 27 February to commence works that will include the construction of retaining walls and widening and strengthening of the road pavement.

Bloomfield Internal Roads

Works are continuing on the upgrading of sections of the Bloomfield internal road network by Council crews.  Works are expected to be completed in the week ending 5 March 2017.

Pinnacle Road

Due to delays with other works, Council’s contractor undertaking the road shoulder widening will not be in attendance until late March.

Forest Road at Gosling Creek

Works to remove and replace the existing bridge railing with a wire rope barrier began in late February, with road work to apply a skid resistant surface on the bridge deck and approaches to follow in early March. This work is being undertaken under the Federal Government Road Safety Blackspot program.

Further upcoming works

North Orange Bypass

Due to delays on other works, Council’s hotmix asphalt contractor has had to push out commencement of works to address pavement defects between Icely Road and Ophir Road until early March.  The same contractor will also undertake the completion of hotmix asphalt work that started last construction season between The Escort Way and Molong Road with the application of the final wearing surface.

Further works to rehabilitate the pavement on the bypass from Icely Road through to the Bathurst Road has been awarded to contractors with works expected to commence in mid March.

William Street

Works are now expected to begin on the reconstruction of the central pavement in William Street between Dalton Street and March Street in the week beginning 6 March. Given the deep excavation required and disruptive effect on adjoining businesses, works for the first stage of the project will be undertaken at night.

Ophir Road

Works to upgrade Ophir Road pavement and improve safety between the resource recovery centre and the Distributor Road are still programmed to begin in March.

New Works

 

Waratahs Link Road

All roadworks have been completed to the point where the initial seal has been applied.  A hot mix asphalt seal is expected to be laid in the week beginning 27 February.  Essential Energy certification of elements of the street lighting design is required before street lighting can be installed and footpath works completed.

Other works

Orange Airport taxiway works

Stage 2 of taxiway Bravo reconstruction is expected to be completed and sealed by Saturday 25 February, allowing for Council staff to move on to the remaining phase of the reconstruction of this taxiway.

Following the installation of subsoil drainage, a heavy duty strip drain was installed at the interface between the main runway and the grassed runway to further reduce the impact of wet weather and subsequent closure of the grassed runway.

Photo – Heavy duty strip drain at airport

CONCRETE AND DRAINAGE

 

New Works

Traffic Facilities

Council’s crews have completed kerb side blister extensions at the Moulder and Sale Street intersection.  Crews will now move on to construct the centre pedestrian refuge islands.

Maintenance

Drainage

Urgent works were undertaken to upgrade drainage lines under the taxiway reconstruction works at the airport allowing for the pavement works to continue on schedule.

Crews commenced clearing blockages along an unformed drain running from the rear of the Brethren Church on Hill Street through to Kearneys Drive after prior spraying of invasive plant growth. Clearing the drain will then allow for the reconstruction of a collapsed drainage pit within the Brethren Church carpark.

WATER MAINTENANCE

New Water Services

·        Two dual water services - Lily Place

·        35 Melaleuca Way

·        6 Spencer Lane

·        15 Connemara Drive

·        82 Dean Drive

·        98 Dean Drive

·        104 Dean Drive

Water Service Renewals

·        5, 7, 11, 12, 13, 14, 15, 17, 18, 19, 20, 28 and 31 Burrendong Way

·        6 Pioneer Place

Construction

·        The laying of the water main in Nile Street is completed and the water services are currently being relocated.

 


Category

July 2015 – June 2016

January 2017

Leaking meters

515

39

Faulty meters (incorrect readings)

216

12

No supply

45

3

Water pressure complaints

26

0

Meter box/lid replacements

105

4

Water quality

32

3

Service break

8

0

Service leak

62

2

Main break

92

9

Main leak

231

35

Valve leak

14

0

Hydrant leak

52

4

Total Water Requests

1398

111

 


 

WATER STORAGE

Water Storage Levels

 

Location

Date

Level Below Spillway (mm)

% of Capacity

Suma Park Dam

17 February 2017

1183

89.79%

Spring Creek Dam

17 February 2017

245

94.40%

Gosling Creek Dam

17 February 2017

398

88.60%

Lake Canobolas

17 February 2017

191

84.33%

Water Quality

Water samples are collected as a component of the Orange City Council’s Drinking Water Quality Monitoring Program which forms part of the NSW Health requirements.  Samples are collected regularly and sent to a National Association of Testing Authorities (NATA) accredited laboratory for analysis. Samples collected in January 2017 complied with the Australian Drinking Water Guidelines, 2011.

Blue-green algae concentrations in Suma Park Dam have decreased slightly since reporting in the 7 February Current Works report. Actions, including ongoing monitoring, continue to be implemented in accordance with Council’s Algae Management Plan. At the time of writing (20 February 2017), there had been no taste or odour water quality complaints since blue-green algae counts increased in early December 2016.


 

Water Consumption

Average daily water consumption during the week ending 16 February 2017 was 307 litres per person per day.

SEWER MAINTENANCE

Category

July 2015 – June 2016

January 2017

Sewer blockages

357

17

Odour

9

3

Overflows

196

13

Total Sewer Requests

562

33

 

Sewer Renewals

·        Moulder Park sewer maintenance shaft installation

·        150 Sale Street sewer main repair.

 

Construction

·        Council’s sewer relining contractors Abergeldie WaterTech have completed the renewal of all sewer mains and are currently in the process of renewing the sewer junctions on these sewer main. Works are expected to be complete by April 2017.

·        Council has completed the renewal of two sewer vents and removal of three sewer vents from the city area. These vents had been identified as an ageing asset and were required to be renewed or removed.


 

EAST ORANGE CHANNEL – BYNG STREET TO MCLACHLAN STREET

The contractor on this work left the site on Monday 6 February 2017. Since then Council staff have had discussions with two other contractors to undertake emergency clean-up work and also the completion of the contract.  These discussions have resulted in Leed Engineering and Construction Pty Ltd starting work on site on 20 February 2017.  So far they have cleaned the site area removing materials and spoil to the Ophir Road Resource Recovery Centre and undertaken works to control the stream flows through the site so that emergency bank stabilisation can be undertaken.

NEW EMERGENCY HELICOPTER HANGAR

Construction works are now complete.

TOLL has commenced delivery of operational equipment with lease arrangements to commence in February and operations scheduled for March.

OLD HOSPITAL demolition

The tender for the demolition works has closed and preliminary assessments undertaken. Conforming tenders were received from the four companies invited to tender.

Council in conjunction with Health Infrastructure are currently reviewing these tenders.

250 PEISLEY STREET DEMOLITION

The slab demolition is progressing. The concrete is being recycled locally. The substantial timber sub-floor is being removed and transported to the works depot where it will be auctioned as a job lot at the earliest convenience.

To date no significant contamination has been encountered and the works are on schedule to be completed in March 2017.

NARRAMBLA STAGE 8

Hamcon have undertaken earthworks to shape three of the blocks around the cul-de-sac and have completed all the naturally occurring asbestos (NOA) material works.  EnviroScience personnel have completed all the air monitoring that has been required while the NOA works have been undertaken.  Work on the cul-de-sac has been completed except for the hot mix layer wearing surface.  Electrical subcontractors are installing the substation.  Reshaping work on the old Boral site will be commenced this week.

CENTRAL TABLELANDS REGIONAL WATER SECURITY PROJECT – Orange To Carcoar Pipeline

Orange City Council is continuing the development of the Central Tablelands Regional Water Security Pipeline Project from Orange to Carcoar. This project is funded under the Restart NSW Water Security for Regions Program to improve water access and security in the areas serviced by Orange City Council (OCC) and Central Tablelands Water (CTW).

Cabonne Council is also developing a pipeline project under the same Restart funding program, and to achieve economies of scale it was agreed to work with Cabonne and submit concurrent tenders. The tenders for the Orange to Carcoar Project and the Cabonne Project have been awarded to Leed Engineering and Constructions. Leed have commenced survey, investigation and design with construction for the Orange to Carcoar Project proposed to commence in March 2017. Leed have commenced works on the Cabonne project.

Orange City Council and Central Tablelands Water are continuing consultation with their respective affected landowners in relation to acquiring easements which includes access agreements, acquisition of easements and rehabilitation plans.

This project is within budget and on track to meet the completion date of 30 June 2018.

FOREST ROAD RAIL BRIDGE DUPLICATION

Orange City Council has secured funding for the duplication of the Forest Road Rail Bridge. The $2.5M project has been funded 50/50 with NSW Restart Program and Federal Bridges Renewal Program.

A concept design has been completed for which John Holland Rail has granted in-principle approval. The final detailed design has been completed and reviewed by an independent design consultant.  The Review of Environmental Factors (REF) has been completed and proposed to go on public exhibition in February.

Council is working closely with John Holland Rail and is anticipated that full approval will be granted in May 2017.

The tender for the contract is being developed and is proposed that works will commence in May 2017.

The works will impact on traffic to the south of Orange and is proposed to minimise this by maintaining limited traffic through the worksite for the majority of the works duration. A consultation and communication plan is being developed that includes consultation with key stakeholders Orange Health Service and Cadia Valley Operations.

It is proposed that all works will be completed by June 2018.

Aquatic Centre Attendance

 


 

 

 

 

November 2016

December 2016

January 2017

Adult

1,470

2,119

3,313

Concession

730

1,064

1,655

Child

1,807

3,213

4,854

Child Under 5

615

819

1,330

Family

241

589

992

School

992

3,118

0

Swipe Entries

3,236

3,399

4,033

Adult Multi Pass

56

33

88

Child/Concession Multi Pass

72

63

106

Carnival Spectators

0

0

0

Fitness Passport

3,680

4,024

6,066

Shower

18

148

219

Non Swimmers

165

271

516

Aqua Aerobics

46

33

52

Super Pass

0

0

0

Total

13,128

18,893

23,224

AIRPORT PASSENGER NUMBERS

Passenger numbers for January 2017 were 2,111 compared with 2,398 during the same month in 2016.

 

 

Airport Energy Usage

Energy used at the airport during January 2017 was 20,385.40 kWh at a cost to Council of $4,025.12.

 


 

ENERGY USE

Staff are pursuing Council’s resolution to install 100kW of solar on the Aquatic Centre’s roof. Tenders were called and negotiations are occurring.  In addition, staff are looking at further ambitious options for more solar on Council owned assets.

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

Tuesday, 21 February 2017

 

 

  


Infrastructure Policy Committee                                                            7 March 2017

 

 

3.2     Developer Contributions to Footpaths

TRIM REFERENCE:        2016/1951

AUTHOR:                       Wayne Harris, Manager Engineering Services    

 

 

EXECUTIVE Summary

This report is in response to the question taken on notice from the Mayor regarding identifying Council’s position on footpaths to be installed in new/existing areas.

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.

Policy and Governance Implications

Nil

 

Recommendation

That the report on Developer Contributions to Footpaths 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

History - Developer contributions

Council commenced Section 94 contributions in 1993 at a rate of about $1,850 per lot. This contribution did not contain a component for footpath construction. Water and Sewer headwork charges were also levied at $1,000 each per lot.

In 2005 the Waratah Developer Contribution Plan (DCP) commenced and the rate in the Waratah DCP area increased to about $12,300 per lot. The Waratah Plan introduced cycleway contributions for the first time.

The 2010 contribution plan for the city commenced with a maximum rate for developer contributions of about $20,000 per lot and identified a number of cycle ways, such as along Ploughman’s Creek, through Waratahs and along sections of the Northern Distributor Road, for which contributions are now being collected.

History - Conditions of consent

A report (2005/644) went to Works Policy Committee on 1 September 2005 where Council resolved the following:

FOOTPATHS IN NEW SUBDIVISIONS                                                                   133/552/260/1

RECOMMENDATION – 04/418/4                                                         Cr Buckingham/Cr Stevenson OAM

1      That all subdivisions be required to construct 1.2 metre wide concrete footpaths on         one side of all through streets and in cul-de-sacs where a pathway is located at the         cul-de-sac bowl.

2      That Council write to the various consultants in Orange advising that all development applications lodged from 1 September 2005 will be required to provide concrete footpaths as above.

For clarity, footpaths are generally located along the street front within the subdivision area and cycle ways are generally constructed by Council through public reserves, linking areas of the subdivision.

It must be noted that any development application that was approved before September 2005 did not require the construction of footpaths.

Several very large development applications such as Wentworth Estate, Ploughmans Hill Estate, Brooklands Estate, Gardens Estate and Orchard Hills Estate were approved prior to Council’s resolution, therefore footpaths were not installed at the time of development.

Once a development application has been approved with its specific conditions, Council has no ability to retrospectively require additional works.

 


 

History - Footpath Contributions under Roads Act

In the past, Council utilised the provisions under the Roads Act to charge residents a percentage (up to 50%) of the cost of new footpath construction along their property frontage. This practice was discontinued due to complaints from residents impacted by this policy.

New Development Application for Subdivisions

A condition is placed (as per the resolution 1 September 2005) on new development applications for subdivisions to install a 1.2 metre wide concrete footpath.

In the past, these works have been paid for by the developer prior to the release of the subdivision under a private works order. Council then programs the works and delivers them generally post completion of the residential buildings.

Recent subdivisions include Sunset Ridge, Ploughmans, Catholic Church (William Maker Drive) Waratah Hills, Kearneys Drive and Shiralee. All these areas will have a 1.2m wide footpath.

In addition, identified and planned cycle ways or shared pathways are funded through Section 94 contributions and are the responsibility of the Council to construct once sufficient funds have been received.

New Development Control Plans

A Development Control Plan was created by Council in 2015 for the Shiralee area.   Footpaths (1.2m wide) are included in Section 9 of this Development Control Plan and are to be provided (by the developer) on both sides of the street.

To ensure consistency and timely completion of the footpaths, Council will ensure developers install the footpaths prior to release of the subdivision. This will ensure that footpaths are installed at correct grades and are available to residents immediately.

Works Program

The annually approved footpath works program includes an allocation of funds for the maintenance and rehabilitation of existing footpaths. The annual budget included within the Delivery/Operational Plan is usually in the order of $170,000, although there have been additional funds allocated at Council’s request in recent works programs.

Council’s allocation of funding for new pedestrian footpaths has historically been in the order of $60,000 – $70,000 p.a. depending on the projects nominated for construction. No allocation for new pedestrian path construction has been budgeted recently with the focus being on rehabilitating the existing network.

Funding has been made available, specifically for wider “shared use” paths, under the Roads and Maritime Services (RMS) grant funding programmes such as Cycling Towns. Paths recently constructed in Nelson Park and Matthews Park have been constructed under this scheme. Council allocates an annual amount of $50,000 as its co-contribution for these works.


 

A prioritised list of works has been developed as part of the production of the Orange Active Travel Plan Part B.  Priorities developed under this list are based on a point scoring system that assesses a location for:

·     Surrounding Land Use

Proximity to existing Attractors/Generators

Potential future Attractors

·     Perception

Road hierarchy

Traffic volumes

Road width, existing road crossing facilities

Safety

·     Safety

Pedestrian accident history

Site audit

·     Continuity

Link existing paths

Extend existing paths

Additional facilities

·     User Groups

Children

Elderly

Shoppers

Social

Commuting

It is expected that this document will be presented to Council in the near future for exhibition.

At current rates, Council is able to construct new 1.2m wide concrete footpaths for approximately $20,000 per 200m which is the equivalent of a standard CBD block in Orange.

The current level of recurrent footpath funding reflects the level of service which Council is able to achieve. Any change to this level of service would have an impact on another area of Council’s operations as funds would have to be re-directed to accommodate the change in expenditure or additional revenue attained.


 

Options for additional footpath funding in the established areas of the city

There are three options available to Council to increase the level of service for footpaths within the established areas of the city, they include:

·     Section 94A levies;

·     Part payment under the Roads Act 1993 – Section 217 and

·     Council allocating more funds and identifying equivalent reductions elsewhere in the Council budget, effectively increasing the level of service for footpaths with an equivalent reduction in level of service elsewhere in the budget.

 

Section 94A levies: Council currently charges Section 94 contributions (direct contributions) on all residential development.

Under the Environmental Planning and Assessment Act, Council has the ability to levy Section 94A contributions (Indirect) on all developments within the Orange LGA not subject to direct contributions under section 94.

Council can identify major public benefit works, which could include footpaths as well as other necessary infrastructure works, and utilise the Section 94A contributions towards the construction of those identified works.

Any development (residential, commercial and industrial) that requires development consent over $100,000 would pay a 1 % levy and any development over $150,000 would pay a 1.5% levy. Any development under $100,000 is exempt. For example, a development application for a dwelling of a value of say $350,000 would be required to pay a Section 94A levy of $5,250.

The Section 94A (Indirect) contribution system is utilised heavily in major metropolitan areas as it is simpler and easier to collect than the Section 94 (Direct) contribution. The current Council Section 94 (direct) contribution system requires much more detail, establishment of a nexus and consequently scrutiny.

Should Council wish to investigate options for the implementation of Section 94A contributions, this should be the subject of a separate report which would enable this issue to be fully assessed in a strategic manner.  

Under the Roads Act: Council could determine a charge, up to 50% of the actual cost of the footpath, that adjoining landowners would be liable for. Imposition of this charge could effectively double the length of new footpath construction in existing areas without any impact on Council’s footpath capital budget. However this option is likely to be unpopular with those residents who have this charge applied to them.


 

For reference, Section 217 of the Roads Act is provided:

Roads authority may recover cost of paving, kerbing and guttering footways

217 Roads authority may recover cost of paving, kerbing and guttering footways

(1)     The owner of land adjoining a public road is liable to contribute to the cost incurred by a roads authority in constructing or paving any kerb, gutter or footway along the side of the public road adjacent to the land.

(2)     The amount of the contribution is to be such amount (not more than half of the cost) as the roads authority may determine.

(3)     The owner of land the subject of such a determination becomes liable to pay the amount determined on receiving notice of that amount.

(4)     This section does not apply to the renewal or repair of any paving, kerb or gutter in respect of which contributions have previously been paid and does not apply to the Crown as regards public open space.

(5)     In this section, a reference to a gutter includes, in the case of a roadway that is laid to the kerb in a permanent manner, a reference to such part of the roadway as is within 450 millimetres of the kerb.