MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 2 May 2017
COMMENCING AT 7.00pm
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, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr J Whitton
1.1 APOLOGIES
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RESOLVED - 17/152 Cr C Gryllis/Cr S Munro That the apology be accepted from Cr R Turner for the Council Meeting of Orange City Council on 2 May 2017. |
1.2 ACKNOWLEDGEMENT OF COUNTRY
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RESOLVED - 17/153 Cr K Duffy/Cr C Gryllis That Council allow the media to record the Council Meeting.
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The Mayor reminded the public gallery that any individual wishing to record the Council Meeting is only permitted to do so on request and specific permission being granted by Council resolution.
1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Item 2.2 – PDC – Items Approved Under the Delegated Authority of Council
Cr R Kidd declared a less than significant non-pecuniary interest in Item 2.1 of the Planning and Development Committee, in the item relating to Tony Leahey Motor Group, as the business owner is a close personal friend of Cr Kidd, as well as the item relating to Ross Hill Wine Group Pty Ltd, as the business owner is a close personal friend of Cr Kidd.
Item 4.2 – CCL - DA 4/2016(1) - 61B Moulder Street
Cr A Brown declared a less than significant non-pecuniary interest in this item as he has business interests with two objectors.
Cr C Gryllis declared a less than significant non-pecuniary interest in this item as he is the managing agent for the property currently leased by the architect.
Item 6.1 – CCL – Acquisition of part of 260 McLachlan Street – Lot 1 DP 660547
Cr Gryllis declared a less than significant non-pecuniary interest in this item as the real estate agent selling land adjacent to this site.
Item 6.3 – CCL – Expression of Interest to sell Council Land
Cr C Gryllis declared a less than significant non-pecuniary interest in item 6.3 as real estate agent selling land adjacent to this site.
MATTER ARISING
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RESOLVED - 17/154 Cr K Duffy/Cr R Kidd That a motion be submitted to the Local Government Conference seeking reform to the Local Government Act 1993 to introduce measures to allow Councillors to more easily identify potential conflicts of interest in relation to planning matters.
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Nil
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.08PM
OPEN FORUM
Item 4.2 – Planning and Development Committee - DA 61B Moulder Street, Orange
Mrs Sarah Carter
Mrs Carter outlined her objection to the development.
Mr Daniel Fock
Mr Fock outlined his objections to the development.
Mr Peter Grant
Mr Grant outlined his objections to the development.
Ms Sally Sutherland
Ms Sutherland requested Council’s approval of the development be upheld.
Mr Scott Gilbank
Mr Gilbank outlined his objection to the development.
Item 4.2 – Planning and Development Committee - DA 61B Moulder Street, Orange (cont)
Mr Ian Carter
Mr Carter outlined his objection to the development.
Ms Jacqueline Grant
Ms Grant outlined her objection to the development.
Ms Sue Bourke
Ms Bourke outlined her objections to the development.
THE OPEN FORUM CONCLUDED AT 7.49PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 17/155 Cr J Whitton/Cr K Duffy That the Minutes of the Ordinary Meeting of Orange City Council held on 18 April 2017 (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 18 April 2017. |
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2017/761 |
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RESOLVED - 17/156 Cr N Jones/Cr R Kidd 1 That Council receive a report on the maintenance needs of the Environmental Learning Facility at the Orange Showground. 2 That Council investigate broader community occupation and use of the Environmental Learning Facility.
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TRIM Reference: 2017/803 Cr A Brown declared a less than significant non-pecuniary interest in this item as he has business interests with two objectors, left the Chamber and did not participate in the debate or voting on this item. Cr C Gryllis declared a less than significant non-pecuniary interest in this item as he is the managing agent for the property currently leased by the architect, left the Chamber and did not participate in the debate or voting on this item. Cr S Munro advised that while he does not have a conflict of interest in this development application, however left the meeting and did not participate in the debate or voting on this item. |
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RESOLVED - 17/157 Cr K Duffy/Cr J Whitton That Council rescind the resolution of Item 5.4 – DA 4/2016(1) – 61B Moulder Street, Orange of the Council Meeting held on 18 April 2017. RESOLVED - 17/001 Cr J Davis/Cr S Munro That Council consents to development application DA 4/2016(1) for Dwelling Alterations and Additions at Lot 13 DP 1037756 - 61B Moulder Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.
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MATTER ARISING
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RESOLVED - 17/158 Cr K Duffy/Cr J Whitton That Council refuse development application DA 34/2016(1) – for dwelling alterations and additions, at 61B Moulder Street, Orange, on the following grounds: 1 The proposal does not satisfy the aims and objectives of clauses 1.2(2)(f) and 5.10 of Orange Local Environmental Plan (LEP) 2011 in that the development does not conserve the heritage significance of the heritage items in the vicinity and the Heritage Conservation Area including associated fabric, settings and views. 2 The proposal adversely effects the overall heritage value and appeal of the locality. 3 The proposal will compromise the long term integrity of Orange’s central heritage precinct. 4 The proposal will have adverse effects on neighbourhood character. 5 The proposal will have seriously adverse effects on visual amenity and heritage considerations. 6 The proposal represents excessive bulk and scale with regard to its surroundings and does not satisfy the controls with the proposed addition not complying with the visual bulk envelope and visual bulk objectives of the Development Control Plan (DCP). 7 The proposal includes significant non-compliance regarding the western side of the building and the bulk-scale envelope required under DCP 2004. 8 The proposal fails to address bulk, scale or visual interest. 9 The proposal has no visual relationship to the existing surrounding dwellings in terms of materials and roof design. 10 The proposal does not provide a satisfactory solution to the privacy conflict issues. 11 The proposal does not satisfy the controls and objectives set out in the DCP with adverse overshadowing effects. 12 The proposal adversely impacts the broader visual quality of Orange and erodes the quality of Orange’s inner city built environment. 13 The proposal proposes a development of land not consistent with Council’s LEP and DCP heritage planning intentions. 14 The proposal is not in the public interest because it proposes a development of land inconsistent with the Principles for Sustainable Communities in Council’s Community Strategic Plan as required by the Local Government Act NSW which is the primary forward planning document, aligning the community’s vision with a clear strategic direction for the long term future of Orange. 15 The proposal proposes a development of land inconsistent with the objective for our Environment in Council’s Community Strategic Plan (CSP) that the Council manages the appropriate and sensitive use of the City’s natural resource assets and heritage (CSP page 20) by the strategic recognition of the importance of heritage within the City by ensuring the currency of policies and procedures and seeking compliance with regulations. 16 The proposal does not comply with the precautionary principle (more simply put, setting a precedent) in that it will allow a permanent and irreversible effect on the quality of the built environment in the locality.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr J Hamling, Cr R Kidd, Cr G Taylor, Cr J Whitton, Cr N Jones |
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Voted Against |
Nil |
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Absent |
Cr C Gryllis, Cr A Brown, Cr S Munro, Cr R Turner |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 8.25PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.16PM
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TRIM Reference: 2017/709 |
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RESOLVED - 17/180 Cr C Gryllis/Cr R Kidd 1 That Council enter into a five year lease, with three five year options, for Hangar N at the Orange Airport. 2 That approval be granted for the use of the Council Seal on any necessary documentation if required.
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TRIM Reference: 2017/818 |
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RESOLVED - 17/181 Cr J Davis/Cr C Gryllis That the advice from the Office of Local Government, that Council’s resolution “That a legally prepared statutory declaration be prepared for Councillors to sign on a voluntary basis to state they are not the complainant in the Code of Conduct matter relating to the 24 allegations” is contrary to the Code of Conduct and Procedures for the Administration of the Code of Conduct be acknowledged, and that this resolution not be enacted.
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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.
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RESOLVED - 17/182 Cr S Munro/Cr K Duffy 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 Acquisition of Part 260 McLachlan Street - Lot 1 DP 660547 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 Clergate Road street lighting This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.3 Expression of interest to sell Council land This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.22am.
The Mayor declared the Ordinary Meeting of Council resumed at 10.05pm.
7 Resolutions from Closed Meeting
The Mayor read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2017/726 |
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Cr C Gryllis declared a less than significant non-pecuniary interest in this item as a real estate agent selling land adjacent to this site, left the Chamber, and did not participate in the voting or debate on this item. |
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RESOLVED - 17/183 Cr R Gander/Cr J Hamling 1 That Council purchase part Lot 260 McLachlan Street for the sum of $14.50 plus GST per square metre. 2 That upon purchase the land be classified as Operational. 3 That authority be granted to affix the Common Seal on all necessary documentation.
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TRIM Reference: 2017/727 |
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RESOLVED - 17/184 Cr R Kidd/Cr C Gryllis 1 That Council award the contract for the Clergate Road street lighting to Activenergy Pty Ltd for the amount of $143,970.00 exclusive of GST. 2 That permission be granted to affix the Council Seal to all relevant documents if necessary.
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Division of Voting |
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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 J Whitton, Cr A Brown, Cr N Jones |
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Voted Against |
Nil |
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Absent |
Cr R Turner |
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Cr Gander asked what type of lighting will be used. A memo will be provided to Councillors. |
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TRIM Reference: 2017/812 |
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Cr C Gryllis declared a less than significant non-pecuniary interest in this item as a real estate agent selling land adjacent to this site, left the Chamber, and did not participate in the voting or debate on this item. |
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RESOLVED - 17/185 Cr J Hamling/Cr G Taylor That Council decline the expressions of interest in the Council property identified in the report and not consider further offers on this site at the present time.
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The Meeting Closed at 10.06pm
This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 2 May 2017.