Agenda of Council Meeting

ORANGE CITY COUNCIL

MINUTES OF THE

Extraordinary Council Meeting

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

ON 13 June 2017

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr R Kidd, Cr S Munro, and Cr G Taylor.

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, Works Manager, Operations Manager.

RESOLVED - 17/255 Cr S Munro/Cr C Gryllis

That Council allow the media to record the Council Meeting.

1.1 APOLOGIES

RESOLVED - 17/256 Cr C Gryllis/Cr S Munro

That the apologies be accepted from Cr A Brown, Cr N Jones and Cr R Turner for the Council Meeting of Orange City Council on 13 June 2017.

1.2 ACKNOWLEDGEMENT OF COUNTRY

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

Nil

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.05 PM

Ms Linda Dawson

Ms Dawson made a pesentation to support her submission regarding the fee for tutoring in the Library.

THE OPEN FORUM CONCLUDED AT 7. 08 PM

2 General Reports

2.1 Adoption of Integrated Planning and Reporting Documents - Community Strategic Plan, Delivery/Operational Plan and Resourcing Strategy

TRIM Reference: 2017/1017

RESOLVED - 17/257 Cr R Gander/Cr S Munro

1 That in accordance with Sections 534, 535, 537 and 538 of the Local Government Act 1993, Council adopt the following structure for rating purposes for the period 1 July 2017 to 30 June 2018, and make the ad valorem rate in the dollar and base amount as detailed in the table below, noting that land value to be used is based on the valuation date of 1 July 2016 and supplementary information provided since that date, for the rateable land in the Orange Local Government Area, as follows:

Ordinary Rates	Value of assessments $M	Ad Valorem Amount	Base Amount	Base Amount % of Total	Estimated Yield $
Residential	1,796	0.005747	662.56	48.79%	21,327,924
Residential – Rural Residential	169	0.003229	662.56	36.12%	933,694
Residential – Clifton Grove	59	0.004191	662.56	36.23%	418,843
Residential – Ammerdown	14	0.004986	662.56	29.64%	96,110
Residential – Village	18	0.003601	393.25	49.66%	149,656
Farmland	230	0.001617	662.56	36.72%	674,913
Business	517	0.012170	662.56	11.14%	7,570,805
Business – Village	1	0.003601	393.25	49.94%	11,811
Special Rates
Orange Central Business Area	147	0.004259	N/A	N/A	655,769
				TOTAL	$31,839,525

2 That Council adopt the Schedule of Fees and Charges as listed in the exhibited draft Delivery/Operational Plan for the period 1 July 2017 to 30 June 2018, provided that such changes may be varied by any alteration to the Local Government Act 1993 or Local Government (General) Regulation as directed by the NSW Government and subject to Council having the right to vary fees charged during the year subject to the required exhibition processes being observed, with the following amendments to be re-advertised, noting these are the ex GST amounts:

a The interest rate payable on overdue rates and charges be set at 7.5%.

b Showground Pavilion – events of greater than 1 week duration – fee determined individually for each application

c Before and After School Care – Before school session per child - $21.00

d Before and After School Care – After school session per child - $27.00

e Vacation Care – per child per day - $57.00

f Family Day Care – Fee per hour of contracted care or part thereof - Before and After School Care - $7.70 - $12.50

g Family Day Care – Vacation Care – Daily rate - $55.00 - $60.00

h Spring Street Childcare Centre - Bookings for extra day - $96.00

i Yarrawong Childcare Centre – Bookings for extra day - $96.00

j Residential Services – Residents contribution of their benefits – Residents rent contribution – to be determined by the National Disability Insurance Agency

k Residential Services – Residents contribution of their benefits – Residents board and lodgings – to be determined by the National Disability Insurance Agency

l Companion Animals – For a de-sexed animal - $53.00 with CPI to be applied from 1 July 2017

m Companion Animals - For a de-sexed animal owned by an eligible pensioner - $22.00 with CPI to be applied from 1 July 2017

n Companion Animals - For an animal not de-sexed - $195.00 with CPI to be applied from 1 July 2017

o Companion Animals – Animal not de-sexed but kept by a recognised breeder for breeding purposes - $53.00 with CPI to be applied from 1 July 2017

p Private Certification – Lodgement of privately certified Part 4A certification with Council (Clause 263(2))- $36.00

q Property Certificate – Certificate under s735A of the Local Government Act - $195.00

r Environmental Learning Facility – usage by not for profit community groups – Free hire of venue

s Certificate 603 - $80.00

t Amend references to the “Friends of the Gallery” free venue hire to include “Friends of the Museum”.

u Amend Carriage Cottage – Community Group entries to the following:

i. Community Group – non-profit – up to 10 times in one year – free

ii. Community Group – non-profit – per hour after 10 times per year - $9.55

3 That the following expenditure, as detailed in the draft Delivery/Operational Plan, for the period 1 July 2017 to 30 June 2018 be voted in accordance with the requirements of Clause 211 (2) of the Local Government (General) Regulation 2005:

2017/18	General Fund	Water Supply	Sewer Operations	All Funds
Operational Expenditure	$69,671,121	$21,208,680	$10,124,894	$101,004,695
Capital Expenditure	28,337,024	10,873,997	5,297,670	44,508,691
Loan Repayments	3,286,574	254,312	138,892	3,679,778
TOTAL	$101,294,719	$32,336,989	$15,561,456	$149,193,164

4 That Council adopt the:

a 2017/18 – 2026/27 Community Strategic Plan

b 2017/18 – 2020/21 Delivery/Operational Plan

c Resourcing Strategy incorporating the Long-Term Financial Plan, Workforce Management Plan, Asset Management Policy and Strategy

5 That Council approve requests for Financial Assistance of:

a General Donations of $55,250.50

GENERAL DONATIONS	Donations information	Amount (ex GST)
Orange Pre-School Kindergarten Ltd	Rates reimbursement	$ 1,299.00
3rd Orange Scout Group	Rates reimbursement	$ 2,184.00
Orange District Girl Guides	Rates reimbursement	$ 612.50
CareWest Ltd	Rates reimbursement	$ 2,792.00
City of Orange Brass Band	Rates reimbursement	$ 2,989.00
Orange War Widows Social Club	Bus trips and lunches for members	$ 500.00
Orange Society of Model Engineers Cooperative Ltd	Monthly miniature railway in Matthews Park	$ 555.00
Mid Western Consumer Advisory Group Inc. (MWCAG) The O'Brien Centre	Support for mental health service provision	$ 1,500.00
Orange Woodworkers Association Inc	Equipment	$ 1,375.00
Orange Bush Nippers Inc	Lifesaving equipment	$ 3,000.00
The Come Together Choir	Safety rails, ramp and microphone	$ 1,500.00
Foodcare Orange Inc	Engage dietician for series of recipe master cards	$ 500.00
Bowen Community Technology Centre	Supporting children in the Bowen area	$ 1,500.00
Western Region Academy of Sport (WRAS)	To assist athletes in Orange based training sessions	$ 1,121.00
Central West Aboriginal Cancer Network (Community Group)	Well Women's Day and Breastscreen	$ 3,000.00
Cantar Inc	Purchase music and facility hire for Women's Community Choir	$ 500.00
Glenroi Community Group	BBQ annual RSPCA vet check and inoculations and Glenroi community activities	$ 1,500.00
Fusion Australia Ltd	Youth and community programs	$ 1,500.00
Orange and District Horticultural Society	Daffodil and Spring shows	$ 100.00
City of Orange Eisteddfod Society Inc	Junior Pianoforte Scholarship	$ 600.00
City of Orange Veterans Golf Inc	Orange Gold Classic for Veterans	$ 750.00
Orange and District Early Education Program (ODEEP)	Support for program to develop skills for children to transition to school	$ 1,500.00
Salted Grace Interiors	Upgrades to rooms for vulnerable children	$ 750.00
Orange Uniting Church	Upgrade community facilities with heating and cooling infrastructure	$ 3,000.00
Orange Aero Club Inc	Orange Aero-Medical Exchange Facility - facilities for medical patients	$ 3,000.00
The Shepherd Centre (for Deaf Children)	Ready-set-go - school readiness program for Orange children with hearing difficulties	$ 3,000.00
Orange Eight Day Games	Support for event and prize giving	$ 1,500.00
Orange Baptist Church	Orange Community Christmas Lunch	$ 650.00
Country Women's Association of NSW and Central West Group	Schools public speaking competition - prizes	$ 200.00
Canobolas Clontarf	Water confidence program for boys	$ 500.00
Calare Public School	Senior presentation Day	$ 500.00
Orange Legacy	Banners in main street	$ 648.00
Orange Rainbow Swimming Club	Swimming lessons for children with a disability	$ 375.00
Orange Spinners and Handcrafts Group	Fibre muster event	$ 1,000.00
Orange Colour City Running Festival	Event administration	$ 500.00
History Council of NSW Inc (HCNSW)	Workshop Orange Readers and Writers Festival	$ 1,000.00
All schools in Orange	Prize money for schools- available on application	$ 2,000.00
Canobolas Highland Pipe Band	Uniforms and equipment	$ 750.00
Apple Festival	Event sponsorship	$ 5,000.00
	TOTAL	$ 55,250.50

b Major Promotions and Sponsorships of $48,000

MAJOR PROMOTIONS AND SPONSORSHIP	Donations information	Amount
Canobolas Cottage Inc (trading as Ronald McDonald House)	Gala Ball	$ 1,500.00
Cancer Council NSW	Orange relay for life	$ 1,500.00
Epilepsy Support Group Central West	Nurse	$ 3,000.00
Rotary Club of Orange	Banjo Paterson Poetry Festival - event management	$ 10,000.00
Orange FOOD Week	Event management	$ 1,500.00
Orange Vignerons' Association	Wine Week - event management	$ 1,500.00
Dirt Lane Press	Local author - book publication	$ 3,000.00
Wangarang Industries	Charity Golf Challenge event	$ 1,500.00
McCormack Barber	New Year's Eve Fireworks	$ 20,000.00
Lions Club of Orange	Camel races event	$ 1,500.00
Australian National Field Days	Official program costs	$ 1,500.00
Orange City Bowling Club	Golden Eagle Pairs Classic - 50th Anniversary	$ 1,500.00
	TOTAL	$ 48,000.00

c In region events donations – from Tourism Services Promotions budget

Event	Tourism Services Promotions budget
Orange FOOD week	$8,500
Orange Vignerons' Association - Wine week	$8,500
Apple Festival/Ramble	$1,000
Rotary Club of Orange - Banjo Festival (will be supplemented with in-kind up to $5,000 in value)	$5,000
TOTALS	$23,000.00

6 That the Councillor allowance be set at $19,310 and the Mayoral Allowance be set at $42,120 for 2017/18, being the maximum allowable for Regional Rural councils as determined by the Local Government Remuneration Tribunal.

7 That the Levels of Service table be amended with the following insertion:

Orange Regional Museum opened in November 2016. A rotating series of installations will showcase the social histories and heritage of the region through diverse themes such as migration, food, mining, sporting and others. The Museum also presents a diverse program of workshops, lectures and family friendly activities and has a growing collection of historical items. The Museum is open 9am to 5pm daily (except Christmas Day and Good Friday). Entry is free.

8 That as the NSW Government has determined not to proceed with the Fire Emergency Services Levy, all notations and any impacts of the levy be removed from the Delivery/Operational Plan.

9 That $20,000 (ex GST) be added for Lucknow capital projects from the masterplan as a quarterly adjustment.

10 That $20,000 (ex GST) be added for Spring Hill capital projects from the masterplan as a quarterly adjustment.

QUESTIONS TAKEN ON NOTICE

Cr Kidd requested staff consider making the East Room or West Room of the Gallery available for tutoring.

Cr Duffy requested a report on the impact if Council were to remove the fee for tutoring in the Library. Cr Hamling requested this report include the number of tutors operating in the Library and how many students pay for tutoring in the Library.

Cr Kidd requested more information be sought from Food Care in relation to the cost of providing their services and where their funding comes from.

RESOLVED - 17/258 Cr R Kidd/Cr J Hamling

That the Council Meeting scheduled for 20 June 2017 be held on Thursday 22 June 2017 at 7.00pm due to a number of Councillors attending the National General Assembly of Local Government.

The Meeting Closed at 7.55PM

This is Page Number 19 and the Final Page of the Minutes of the Extraordinary Meeting of Orange City Council held on 13 June 2017.

Council Meeting 22 June 2017

5.4 Orange LEP Amendment 9 - Orange Airport Industrial Park - Submissions Report

TRIM REFERENCE: 2017/333

AUTHOR: David Waddell, Director Development Services

EXECUTIVE Summary

This report outlines the issues raised out of the exhibition process associated with Amendment 9 to Orange Local Environmental Plan 2011 - Orange Airport Industrial Precinct. Additionally the remaining procedural steps involved are outlined along with options explored by staff with the NSW Department of Planning and Environment (DP&E).

133 submissions were received, including seven from Agencies as follows:

· NSW Rural Fire Service

· Roads and Maritime Services (two submissions)

· Civil Aviation Safety Authority

· Office of Environment and Heritage

· Department of Primary Industries – Agriculture

· Department of Primary Industries – Water (two submissions)

· Sidings Springs Observatory

In addition, both Blayney and Cabonne Councils made submissions objecting to the proposal.

Should Council resolve to proceed with the Amendment, then this report and all submissions will be forwarded to DP&E for consideration.

Council is reminded that the Minister for Planning is the ultimate consent authority for this Amendment, not Council.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

1 That, having considered the report by the Director Development Services and the submissions made following exhibition, Council resolves in accordance with Section 59 of the Environmental Planning and Assessment Act 1979 to proceed with Amendment 9 to Orange Local Environmental Plan 2011 subject to:

· the proposed IN1 General Industrial zone being altered to IN2 Light Industrial zone and including as additional permissible uses Rural Industries, Agricultural Produce Industries and Freight Transport Facilities

· an Additional Permitted Use listing being added to schedule 1 of the Local Environmental Plan to enable Industrial Training Facilities in the proposed B7 area

2 That in the event that the additional permissible uses for Rural Industries, Agricultural Produce Industries and Freight Transport Facilities are not included for land in the IN2 Light Industrial Zone, the IN1 General Industrial zone in the original proposal be maintained.

3 That as the changes are made to address community submissions and in consultation with the Department of Planning and Environment, the proposal not be re-exhibited.

4 That, in consultation with the Department of Planning and Environment, the proposal be forwarded to the Parliamentary Counsel Office for legal opinion and subject to a satisfactory outcome the matter being submitted to Department of Planning and Environment for final determination and publication.

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

Amendment 9 to Orange LEP 2011 - Orange Airport Industrial Precinct was exhibited from 19 November 2016 to 31 January 2017. The proposal was also sent to agencies and councils in line with the Gateway requirement.

133 submissions were received, including seven from Agencies as follows:

· NSW Rural Fire Service

· Roads and Maritime Services (two submissions)

· Civil Aviation Safety Authority

· Office of Environment and Heritage

· Department of Primary Industries – Agriculture

· Department of Primary Industries – Water (two submissions)

· Sidings Springs Observatory

In addition both Blayney and Cabonne Councils made submissions objecting to the proposal.

Agency responses were as follows:

· NSW Rural Fire Service raised no objection to the proposal, noting that the site is not currently mapped as bush fire prone but that they consider it likely that a grassland hazard does exist at times on some adjoining lands. Consequently they recommend that the aims and objectives of Planning for Bushfire Protection 2006 be considered during any subsequent development application.

· Roads and Maritime Services initially requesting further traffic studies then not objecting to the proposal.

· Civil Aviation Safety Authority raised no objection to the proposal, advising that the National Airports Safeguarding Framework (NASF) guidelines be used when proposing or assessing development in the vicinity of airports as appropriate. NASF guidelines were developed by the Commonwealth in conjunction with state planning authorities and are intended to provide protection against inappropriate development in and around airports, providing a nationally consistent framework.

· Office of Environment and Heritage note that there appears to be a drainage line that meanders through the southern part of the site and an appropriate buffer should be placed on either side of this drainage line. OEH support the retention of remnant stands of vegetation including the Tablelands Snow Gum, Black Sallee, Candlebark and Ribbon Gum Grassy Woodland Endangered Ecological Community (EEC). OEH recommend maintaining records that demonstrate due diligence in relation to protection of Aboriginal heritage and archaeology to ensure that planning decisions do not inadvertently harm Aboriginal objects and demonstrate consistency to the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW. OEH also note that the level of flora and fauna assessment is as yet inadequate (Council will need to undertake further assessment). In this regard Council can ensure that further more detailed work is undertaken at the subdivision design stage.

· Department of Primary Industries – (Agriculture) - stating that the area is inherently valuable to agriculture as it includes Biophysical Strategic Agricultural Land however past and current planning provisions have led to fragmentation and the loss of such lands to residential uses hence the potential for productive and efficient agriculture is significantly reduced in this area and further stating that agricultural processing industries should be included to support job creation.

· Department of Primary Industries (Water) – providing general management suggestions should the proposal proceed including monitoring of groundwater and supporting reticulated water and sewerage.

· Australian Astronomical Observatory (AAO) which has responsibility for the Siding Springs Observatory made a submission having been approached by the Spring Hill & Surrounding Districts Consultative Committee. AAO note that the Observatory is 234km distant from the subject site and as such the effect of the estate upon the observatory “would be small”. AAO note that Orange lies outside the NSW Dark Skies Region and there is no legal requirement for Council to follow the Dark Sky Planning Guideline. Notwithstanding this they supplied a copy of the guideline for reference noting that minimising upward sky-glow is of benefit for everyone, not just astronomers.

Staff have collated the submissions made, extracted issues of concern and attempted to provide responses to these issues. Full Submission folders have been provided to Councillors under separate cover so that Councillors can be fully aware of issues raised.

The following issues were raised in submissions and the project team has attempted to provide responses for Council consideration against each issue. In addition, the team has referred to some of the more comprehensive submissions as reference points for detail within the issue topic. Against each issue is the number of submissions raising the issue.

Issue 1 - Expresses support for the proposal (1 submission)

No comment required.

Issue 2 - Expresses opposition to the proposal (119 submissions)

No comment required.

Issue 3 - Supports proposition that water issues can be readily managed (1 submission)

No comment. The author notes that the normal environmental controls on development placed by Council should prevent pollution of the catchment and also Council’s experience with stormwater harvesting adds another layer of safety.

Issue 4 - The proposal will result in negative amenity impacts for residents in Spring Hill, Huntley and adjoining districts (16 submissions)

If amenity is the sum total of impacts such as light spill, noise, traffic, visual impact and ‘the feel’ of the development in the locality, then there is little doubt that the proposal will alter the amenity of the area. Submissions raised amenity in a general sense combining the causal factors to conclude that the proposal will diminish the quality of life in the locality.

Traffic impacts are dealt with in responding to issues 16, 17 and 18. It is of note that the village of Spring Hill is already subject to heavy vehicle movements from the various quarries in the area and from aircraft noise. It is the intensification of these impacts, through increased frequency of heavy vehicles and potential additional noise sources, which worries residents.

Light spill is dealt with in response to other issues in this report. It is noted that Australian Standards for light infrastructure exist to prevent impacts, and this is what Orange City Council will rely on to minimise impacts.

Noise from any development in NSW is controlled by the Industrial Noise Policy and regulations. This will be the case with all developments within the proposed OAITP boundaries. In addition, the EIS for the airport extension dealt with aircraft noise impacts across the various areas impacted and gained approval for eh extension project. State law on these matters provides a baseline of safeguards and expectations. Orange City Council has and always will seek to provide higher standards where possible.

The more general amenity impact arising from the mere ‘presence’ of industrial developments in the area is difficult to quantify and mitigate against, other than to mitigate against the component parts. The “do nothing” approach is clearly the only other option.

Issue 5 - The need for the proposal is questioned because there are enough zoned sites in Blayney, Orange and Cabonne to support industrial demand (45 submissions)

Several of these submissions phrase this issue in terms of undeveloped ‘greenfield’ sites, while others point to built-out but vacant ‘brownfield’ sites. Further, some submissions refer only to supply within the Orange LGA, while others view supply across all three councils in the sub-region.

In each context the issue relates to the question of appropriate levels of supply of industrial land. Land use planning plays a significant role in maintaining a strong and vibrant local and regional economy. Both oversupply and undersupply of zoned land may cause market distortions that hinder the economy. Undersupply of land may artificially inflate prices to the detriment of new firms being able to establish or expand. Oversupply of land may both deflate prices and increase holding costs to the point of development becoming uneconomic.

Factors that may distort the demand level include broader economic conditions at the state and national level and fluctuations in local population growth rates; while supply levels may be distorted through “land banking” by private landowners.

Due to these uncertainties supply levels should be maintained within a range that is anticipated will not distort prices, defined as a price point that recovers the costs of development without creating an undue barrier to business establishment and/or expansion. An appropriate level for most sectors (residential, commercial, industrial) is typically regarded as between 15-20 years supply (relative to historic trends).

With regard to Electrolux, the former abattoir and various smaller established premises, availability of established buildings should be regarded in a similar manner to vacant houses and apartments in the residential sector. There will always be a vacancy rate or percentage of one level or another, but this does not mean that all premises are suitable for all prospective occupants.

Just as some households seek to be build new homes tailored to their own needs and preferences rather than adapt an existing house, likewise some industries and businesses have specific operational requirements that require purpose built facilities.

Additionally, the supply within the Orange LGA has minimal ability to provide larger sized parcels, which in turn limits the ability for Orange to attract major employment generators.

With regard to some of the undeveloped land, many of the available sites have been found to be constrained in a variety of ways, as outlined in the exhibition materials. This includes slope and topography, drainage issues and available infrastructure.

Some of the submissions have also referenced land in north Clergate which, although identified in the sub-regional strategy for industrial development, is currently zoned RU1 Primary Production; and the owner has indicated no intention to proceed with an industrial rezoning. To include such land in supply estimates would therefore be misleading.

Of the remaining supply of industrial zoned land in the city only 4 areas currently have vacant industrial land – Leewood Industrial Estate (including Scott Place), Edward Street north of the Southern Feeder Road (including the old saleyards site), Narrambla Industrial Estate and Clergate Road. There is a total of 95.2ha of land available in these areas, however only around 37ha of this supply is fully unconstrained.

Based on historical development of industrial land in Orange over the past 25 years, it is estimated that around 5.5 years of supply of this unconstrained industrial land exists, with only one parcel capable of accommodating a large scale development in excess of 5ha.

In terms of the availability of industrial land in Blayney and Cabonne shires, this is acknowledged. However, as stated in the proposal documentation, the market does not view industrial land in the three LGAs as interchangeable. Some firms seek to service a regional and interstate market, others have a more local focus. Some firms value proximity to larger labour pools than others. Some firms seek access to particular infrastructure and transport options more so than others.

Accordingly, the proposal has sought to maintain the overall industrial supply level that the sub-regional strategy nominated for the Orange LGA, recognising the original removal of the Towac area and the difficulties faced by the former abattoir and North Clergate areas.

If the supply represented by those locations is removed and not replaced within the Orange LGA, the intent of the sub-regional strategy would be distorted. This may cause the sub-region to lose the ability to attract those firms whose operational, logistic or market requirements are not well suited to rural shires.

Due to the time required to bring new land through the planning process, there is a need to ensure that supply remains ahead of the market. Waiting until supply exhausts would distort land values, causing some firms to locate in other regions; and this in turn would suppress the local and sub-regional economy. Creating new supply should therefore always occur against a backdrop of apparent ample supply.

The proposed development has the potential to create in excess of 1,100 new jobs once the site is fully occupied.

Issue 6 - There is inadequate water supply to service the proposal (1 submission)

In designing the Orange to Carcoar Pipeline, both current and future demands were allocated to each connection point along the route, including the Orange Airport Industrial Park. The process included water modelling by Orange City Council staff and peer review by consultants prior to the awarding of the Design and Construct project. Laying of the pipeline is underway, with commissioning of the project expected to be completed before the end of the 2017/2018 financial year.

Issue 7- The proposal will be in an area subject to flooding (2 submissions)

and

Issue 8 - Infrastructure is lacking in the area (2 submissions)

and

Issue 9 - The proposal lacks design detail (1 submission)

As described in the above response to Issue 6, water supply will be adequate with the construction of a new potable water connection between Orange and Carcoar that runs through the proposed site.

A new sewer main will also be constructed in conjunction with this water main to enable effluent from the existing Spring Hill/Lucknow sewerage system, as well as future waste water from the proposed development, to be pumped back to Orange for treatment at the Orange Sewage Treatment Plant. This will limit the potential for any groundwater contamination from the old Spring Hill Sewerage Treatment Plant by removing all existing and future effluent from the Spring Hill area.

Existing roads to the site, i.e. Huntley, Forest and Beasley Roads, are public roads and all have significant spare capacity to cater for expected traffic generated by the development. In addition, Forest Road is a Regional Road, which recognises its importance as a major link road within the region as well as a recognised route for heavy vehicles. Further information concerning roads and traffic is provided in the combined response to Issues 16, 17 and 18 below.

The site is located on relatively flat ground approximately 948m-950m AHD. A small rise to the southwest of the site rises to approximately 963m-964m AHD. With the exception of this area the proposal site is elevated relative to surrounding land and essentially straddles the watershed between catchments. The detailed design of the estate will address any localised flooding issues. Being at the top of the catchment there is little potential for major flooding.

The detailed design of the development will be considered once the rezoning decision has been finalised. However, the structure plan identifies potential development areas as well as the general layout in sufficient detail to progress with the rezoning application.

Issue 10 - The proposal will result in the loss of Prime Agricultural land (45 submissions)

The land is identified by the state as Biophysical Strategic Agricultural Land (BSAL). The primary purpose of BSAL classification in NSW is to reduce conflict between agriculture and the coal seam gas (CSG) industry. CSG is a lucrative although finite resource, whereas agriculture typically delivers lower but more sustained value as properly managed soils are essentially an indefinitely renewable resource.

Notwithstanding this, the amount of land required to sustain a commercially viable agricultural enterprise is substantial. In Orange the minimum lot size for rural subdivisions has been set at 100ha (250 acres) and is indicative of the amount of land that would typically be required for commercial viability of most forms of primary production. The LEP does enable consideration of smaller lots for more intensive forms of agriculture, such as horticulture or viticulture, when supported by a farm plan that confirms viability.

Orange has seen numerous small scale orchards and vineyards taken out of production over the years, with the properties effectively converting to rural-residential “lifestyle” properties, with little to no agricultural output generated. Such fragmentation of land is the most pronounced threat to continued agricultural use, both in terms of the lifestyle lot itself and the potential for residential-agricultural land use conflicts constraining the operational practices of neighbouring farms.

The subject land is situated on the southern side of the Orange airport in an area that has already been significantly fragmented into small lifestyle lots. Along Forest Road there are five residential lots between 1.2ha and 3.8ha in size; immediately west of Spring Hill in Cabonne Shire a 17 lot estate has been created ranging in size from 2ha-13ha. There are additionally various concessional lots of approximately 2ha throughout the area. Each residence constrains the ability of neighbouring farms to undertake various routine agricultural activities such as spraying in order to avoid complaints and protests.

Conversely the proposal seeks to establish a mixed light industrial, business and technology park estate adjacent to the airport. The proposal incorporates significant buffer lands that are to be zoned for public open space and embellished with landscaping. As such the proposal will not generate conflict with the operations of neighbouring farmlands. The impact upon the agricultural land is therefore limited to the extent of land involved in the proposal itself. At approximately 114ha of gross land involved, this equates to approximately one commercially viable farm.

The NSW Farmers Association (Orange branch) submission states in part:

“It is not clear that the project represents an unacceptable and large impact on the state’s BSAL asset base as a result of direct impact of the project, however, NSW Farmers would prefer that productive agricultural land, including BSAL, be protected.

…

In the analysis of the proposed site it mainly consists of white volcanic soil that occupies most of the lower ground, with some red volcanic soils on the higher parts of the proposed development area. This has made most of the proposed site only suitable for grazing enterprises and not suitable for horticultural crops such as fruit trees and vegetable crops. While there would be a reduction in agricultural output from sheep and cattle grazing, the proposed land area will have only a minimal impact on agricultural production across the Orange region.”

This is indicative of the broad brush approach that was employed in mapping BSAL lands. In other words, a BSAL designation is an indication that the agricultural value of land is “likely” to be high, but that further more localised investigation, such as presented by NSW Farmers, may give a better understanding of the actual value of any given site. This advice was received as part of the public exhibition process and was not solicited by Council.

In evaluating the proposal, the loss of an equivalent of one commercially viable farm needs to be balanced against the potential benefits that the creation of an employment precinct can generate. Admittedly, it would be preferable to locate on non-BSAL lands, however the unique characteristics of the site, such as proximity to air, road and rail infrastructure as well as a gas line already in-situ, provide additional advantages to the site that are not repeated elsewhere in the LGA. These advantages are outlined throughout the planning proposal and would enhance the employment and economic opportunities achievable. These reasons are considered to justify the relatively minor loss of agricultural land in this instance.

The NSW Farmers submission suggests encouraging greenhouses on part of the site, which if pursued could offset the potential loss of agricultural production. In land use planning terms, this would be classed as a rural industry and would be permissible in the proposed zones.

The Department of Primary Industries (Agriculture) states in its submission:

…….this proposal could provide significant opportunity for protected agriculture and other (more intensive industrialised) agricultural industries. These industries will generate employment and can take advantage of the infrastructure and transport facilities this proposal will provide. This use is consistent with the traditional “industrial and business” land uses that this amendment seeks, and will also enhance primary industry production. Hence DPI Agriculture recommends that agriculture and agricultural processing is included as a potential land use in this proposal.

Since this proposal’s instigation the NSW Government has released a Right to Farm policy that supports landholders in undertaking lawful agricultural practices without conflict or interference from neighbours or other land uses. If agricultural land and practises are near the proposal, DPI Agriculture encourages the council to take this policy into account and to also undertake a land use conflict risk assessment.

The area is inherently valuable to agriculture as it includes Biophysical Strategic Agricultural Land and supports a range of agricultural activities including grazing and intensive agriculture. However past and current planning provisions have led to fragmentation and the loss of such lands to residential uses hence the potential for productive and efficient agriculture is significantly reduced in this area.

The submission then encourages Blayney Cabonne and Orange Councils to continue to support the BCO Strategy as a means to prevent further land fragmentation across the region.

Issue 11 - Orange City Council should spend the funds on other projects including roads (2 submissions)

and

Issue 12 - The proposal will be cost prohibitive (3 submissions)

and

Issue 13 - No cost benefit analysis or Business plan has been produced by Orange City Council and therefore there is a significant financial risk (14 submissions)

and

Issue 14 - The financial sustainability of the Business Park is in doubt if current industrial land take up rates are used (10 submissions)

Council has long been a developer of industrial land in the city, with the Narrambla Estate the most recent example of this. Provision of an adequate and diverse supply of industrial land is a key part of Council's economic development role. This strategy is not just focussed on the construction of industrial estates, but also on the flow-on benefits which accrue to the broader local and regional economy through the development of enterprises within the estate. Council also has the capacity to take a long term approach to the delivery of the estate, with uptake of lots potentially fluctuating depending on overall economic conditions. However, as has been the case with Narrambla in particular, over the longer term this estate has proven to be a key generator of jobs and economic activity in Orange, and the proposed estate at the airport should also achieve the same ultimate outcome. If the alternative is to do-nothing option, this projected economic activity will not occur.

Issue 15 - The site selection process is flawed including the criteria used (15 submissions)

The site selection criteria of the original Blayney Cabonne Orange Rural and Industrial Lands sub-regional strategy resulted in the peculiar recommendation of north Clergate being nominated for both industrial and residential development, with an extensive direct interface. Additionally, a site near the Towac Racecourse was initially nominated in a draft form of the strategy that provoked considerable opposition and was ultimately removed from the final strategy.

The rationale for the site selection criteria is detailed in the addendum to the sub regional strategy that was exhibited alongside the planning proposal. The addendum provides a summary of the strategic land units identified in the original strategy, the original reasons they were included in that strategy and a status update on how the land has been used/developed over the intervening period.

The addendum reiterates a point made in the original strategy that:

“it should be noted that inclusion as a Strategy Area … does not automatically translate into rezoning … detailed local environmental studies will be required for all Strategy Areas to determine their suitability for rezoning”.

It should logically follow that if a strategy area identified in the original strategy does not proceed, for whatever reason, an adjustment would be required to ensure that appropriate levels of industrial land are nonetheless maintained.

The addendum reviews the vision and principles of the original strategy to ensure they remain applicable. This in turn leads into a discussion of growth management and matters that should be considered to help ensure that growth delivers the vision and principles of the strategy.

The site evaluation criteria are then reviewed and adapted partly in recognition that the original criteria resulted in the north Clergate interface conflict and the initial nomination of land near Towac Racecourse.

The revised criteria:

· increased emphasis on potential land use conflict,

· increased emphasis on site constraints to reduce disturbance of landforms,

· reduced emphasis on urban proximity to reduce potential land use conflict.

This represents an evolution of evaluation criteria, which is consistent with undertaking a meaningful review of the strategy. Further detail of the criteria used and the rationale for each are detailed in Part D of the addendum.

Issue 16 - The road network is inadequate to service the proposal (3 submissions)

and

Issue 17 - The proposal will result in heavy vehicle impacts on Spring Hill (6 submissions)

and

Issue 18 - The proposal will result in negative general traffic impacts (14 submissions)

Council engaged Parking & Traffic Consultants Pty Ltd to undertake a Traffic Impact Assessment Report for the proposed Orange Airport Industrial Park. The report dated 17 March 2017 concludes the following:

· All roads and junctions on the surrounding road network are operating within acceptable levels of service for the existing scenarios;

· All the junctions (based on a high density model) are shown to operate well within acceptable levels of service; and

· There is no need for any improvement of roads and junctions in relation to the low or high density scenario and the forecast background growth within this period.

In response to the issue of heavy vehicles impacting Spring Hill, we note the Parking & Traffic Consultants Pty Ltd Traffic Impact Assessment Report dated 17 March 2017 models a total increase of between 9 (Low density scenario) and 20 (high density scenario) commercial vehicle trips in the peak hour, the expected commercial vehicle distribution (figure 12) reduces the expected commercial vehicles travelling through Spring Hill by 60%. Therefore the expected commercial vehicles travelling through Spring Hill in the peak hour is 40% of the 9-20, resulting in 4- 8 additional commercial vehicles only.

Upon receipt of the Parking & Traffic Consultants Pty Ltd Traffic Impact Assessment Report, it was forwarded to Roads & Maritime Services (RMS) NSW for review and comment.

RMS responded to Orange City Council via letter dated 28 April 2017, in which they advised, following review of the SIDRA analysis of current traffic movements and projected future movements, they have no objection to the proposal and will make no further submission.

The planning proposal envisages upgrading the road network from the city to the airport to accommodate both the growth in traffic numbers and heavy vehicle usage. Such upgrades will also enable improvements to cyclist facilities along the route.

Issue 19 - There is a lack of public transport for the workforce associated with the proposal (1 submission)

It is anticipated that most staff will commute with private vehicles. The road network enhancements and a growing workforce could generate sufficient demand for a peak period shuttle bus service, particularly if this were to coincide with flight schedules.

Issue 20 - The proposal will result in land use conflicts (8 submissions)

The proposal is situated alongside the airport and incorporates buffer areas to the non-airport side. Each development within the estate will be the subject of development assessments that can examine potential land use conflicts, and Council will be able to impose appropriate conditions and design requirements to protect neighbouring lands from adverse consequences such as noise or other emissions.

Traffic generation is acknowledged and will be addressed through road network upgrades as discussed in Issues 16 - 18.

Issue 21 - Heavy industry will be involved in the proposal resulting in adverse impacts (1 submission)

Heavy industry is defined in the Orange LEP as:

heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes:

(a) hazardous industry, or

(b) offensive industry.

It could also involve the use of a hazardous storage establishment or offensive storage establishment.

The assumption that any heavy industry proposal would unavoidably result in adverse impacts is not supported. The majority of industrial development in Orange does not conform to the heavy industry definition. Orange typically attracts a range of light industries and trade related enterprises, along with engineering and mining industry support services.

As discussed later in this report a move to IN2 (light Industry) and B7 (Business Park) amended zones has been offered to more accurately reflect the type of industry that might be located at the airport.

Issue 22 - The proposal will result in negative ecological impacts (11 submissions)

The site of the proposal is situated on predominantly level, cleared land adjacent to the airport. The site has been extensively disturbed from its natural state by decades of agriculture and grazing. Direct impacts upon flora and fauna are therefore considered to be negligible. Other potential ecological impacts have been inferred from potential groundwater/aquifer impacts - this aspect has been addressed in response to Issue 16.

The concept plan includes buffer areas, particularly on the southern side of the estate that will be landscaped as one means of addressing amenity concerns. Such landscaping has the potential to improve ecological values. Street trees within the estate may further contribute in this regard.

Issue 23 - The proposal will result in negative impacts on the drinking water catchment (91 submissions)

This water quality issue was mentioned a number of times in the 2017 submission by the Spring Hill and Surrounding Districts Consultative Committee (Spring Hill and Surrounding Districts Consultative Committee) with comments predominantly drawn from the Holliday Geoscience appendix. Whilst impact on water security is also regularly mentioned in the report, it is in the context of risk to water quality on existing raw water supply systems. In acknowledging that surface water is interlinked with groundwater, the latter is specifically addressed in Issue 25 below.

Concerns regarding heavy industry, as raised a number of times in the Spring Hill and Surrounding Districts Consultative Committee submission, are specifically addressed in Issue 21.

Issue 24 - The proposal will result in negative noise impacts (6 submissions)

The proposed location coincides with an existing noise generating activity, namely the airport. As such, the local planning system has discouraged placement of dwellings in the vicinity for many decades. The number of sensitive receivers in proximity to the subject land is not surprisingly low. The nearest homes are two dwellings in Adrian’s Lane which are located on the edge of the final stage of the proposal, a further six dwellings along Forest Road ranging from 200m-600m away from the southern edge of the estate and one dwelling in Gander Road also approximately 600m from the western edge of the estate. A small ridgeline on the south-western edge of the estate, rising approximately 11m-12m above the surrounding land, provides some acoustic and visual screening in this direction.

In addition to these distances, individual developments will be subject to acoustic assessments during the development application process. Firms that seek to operate 24 hours a day will need to demonstrate how their proposals avoid and minimise noise impacts through suitable acoustic design responses such as baffles, sound mounds, insulation of buildings, delivery hours and shift changeovers, and other measures as may be relevant to their particular operations. This can be reinforced through conditions of consent on a case-by-case basis.

Issue 25 - The proposal will result in negative impacts on groundwater (90 submissions)

and

Issue 26 - The proposal will result in negative impacts on the Spring Hill bore capture zone (3 submissions)

and

Issue 27 - The Jewell groundwater report is deficient (4 submissions)

Issue 27 is a key process issue raised in the submission by Spring Hill and Surrounding Districts Consultative Committee (2017), with reference to Council’s environmental assessment for the proposal that included a water quality risk assessment for the Spring Hill drinking water bore supply (as conducted by Jewell & Associates in 2015). Comments in the Spring Hill and Surrounding Districts Consultative Committee submission were predominantly drawn from the Holliday Geoscience appendix where it is stated that:

“The use of the Jewell Report for an incorrect purpose is unprofessional, and potentially deceptive”.

The Department of Primary Industries - Water (2017) has also provided comment on the need to consider groundwater risk specific to the proposal site.

Subsequent to the environmental assessment (and the 2015 Jewell report), Council engaged Jewell & Associates to conduct a Groundwater Assessment Orange Aerodrome (2016) which considered potential groundwater impacts under both the existing scenario and that of the proposed development. The assessment included a site reconnaissance and desktop review, the latter of which involved review of information in the public domain and previous studies conducted by Jewell & Associates. The output recommended a number of measures considered appropriate to protect the aquifer, whereby it is considered that risks can be reduced to an acceptable level.

Issue 25 is focussed on impacts on groundwater quality, with the Department of Primary Industries - Water (2017) commenting that the:

“… high quality groundwater resource….is characterised by a high groundwater vulnerability rating from surface pollution, hence adequate design and management measures need to be applied to mitigate impacts” and requests that “further studies are done to identify the groundwater flow direction and redefine the capture zone for the town water supply bores”.

Groundwater vulnerability is a key issue in the Spring Hill and Surrounding Districts Consultative Committee submission (2017) and is raised in the context of: high water infiltration rates, high connectivity between surface water and groundwater, little knowledge of the likely pathways of the contaminant, water logging, the Spring Hill bores, the sheer size of the proposal and the proposed heavy industry. The Spring Hill and Surrounding Districts Consultative Committee submission (2017) considers the groundwater pollution risk to be enhanced and high for the similar reasons as listed in Issue 23, namely: sediment; fuel spills and toxic chemicals; onsite use; storage and disposal of any chemicals on the land; toxic runoff; spills and wash-downs; and the treatment, storage and disposal of wastewater and solid waste arising from development and operations of the proposed industrial site.

Two examples of industrial groundwater contamination are provided in the Spring Hill and Surrounding Districts Consultative Committee submission (2017), including reference to the Williamstown RAAF by fire-fighting chemicals, and pollution across a broad area in the Darling Downs, Qld by Linc Energy. The pollutant generated from fire-fighting chemicals is considered in the Jewell and Associates Groundwater Assessment Orange Aerodrome (2016). The Darling Downs example concerns hydrogen contamination from a coal gasification plant run by Linc Energy and is not considered relevant to the proposal.

The vulnerability of groundwater to pollutants as raised in the Spring Hill and Surrounding Districts Consultative Committee submission (2017) and by DPI-Water (2017) is considered in the Jewell 2016 report. For example, the introduction describes that:

“Within the Orange Basalt aquifer most groundwater is hosted by secondary features such as fractures, which renders the aquifer vulnerable to contamination derived from the surface. Storage in the aquifer is replenished by infiltration derived directly from rainfall, as well as by leakage from surface water bodies. Thus, the potential impact of development on both the quality and quantity of groundwater in the aquifer, and the measures required to protect the aquifer from any adverse impacts, are of great importance to OCC and also to other users of the aquifer.”

The Jewell 2016 report includes a description of the site, including existing groundwater use (including Issue 26 - Spring Hill bores), the hydrogeological setting and aquifer vulnerability. The Jewell 2016 report considers a range of potential hazards under three scenarios, including hazards arising under current land use and continuing under proposed re-zoning; hazards arising under the proposed re-zoning or which may be exacerbated by the proposed re-zoning; and hazards arising under the current zoning which may be reduced by the proposed rezoning. Each hazard is considered in a risk assessment in the ‘uncontrolled’ state, and importantly with relevance to the comments made by DPI-Water (2017), the ‘controlled’ state.

Whilst some of the risks in the Jewell 2016 report are considered not significant, others will require implementation of new or enhanced administrative procedures; and in some cases additional investigative or engineering work to provide more or better information, either because existing controls could be improved or to manage changes that will occur due to the proposed development. These risks are:

- herbicide/pesticide contamination originating from land application, including along the rail corridor;

- contamination originating from abandoned/disused bores;

- contamination arising from road and rail accidents;

- contamination arising from storage and handling of fluids and soluble solids in the proposed industrial area;

- reduction of aquifer recharge due to an increase in the proportion of paved surfaces; and

- the issue of use of PFC’s for fire suppression, which requires confirmation that there are no existing impacts, and appropriate controls to ensure that impacts cannot occur in the future.

The Jewell 2016 report (p 43) considers that:

“All of these risks can be effectively managed and reduced to an acceptable level by the implementation of effective control measures”.

Council is committed to incorporating recommendations from the Jewell 2016 report into management processes. Council considers that the Jewell 2016 report addresses the potential for groundwater pollution as raised in public submissions, and Council is committed to engaging Department of Primary Industries - Water to define the needs of further groundwater studies, following their review of the report.

Issue 28 - The proposal will result in negative visual impacts (5 submissions)

Assessment of development applications will have regard to the visual presentation of each site and the estate overall. Development of the estate will change the visual outlook, but the distance to neighbours, buffer and landscaping areas as well as individual design assessments combine to reduce the significance of the change.

Since Council is the proponent there is the opportunity to impose conditions on the contract of sale and 88B restrictions on title, as well as through Development Control Plan provisions, to ensure a high standard of design is delivered. See discussion on Issue 29 for more detail on visual impacts.

Issue 29 - The proposal will result in negative impacts on the tourist arrival experience (70 submissions)

Tourism is an important and valued sector of the Orange economy and first impressions can affect the visitor experience. The overall experience affects tourism on two levels. The first is the rate of repeat/return visitation of the individual themselves, while the second is an indirect effect via word-of-mouth (positive or negative).

A traditional view is that the reach of word-of-mouth experiences was limited to the person’s direct relationships and face-to-face encounters. However, with the rising influence of social media, personal experiences are able to reach a much broader audience.

It is therefore important for local tourism to always seek to provide a positive and welcoming experience. It is true that it only takes a moment to form an impression. In this regard there are two moments where a tourist’s impression could be influenced by the proposal. Airborne on approach/departure and at ground level while driving to/from the airport.

Airborne visual impressions would be fleeting. Because the industrial area is proposed to be located alongside the runway, rather than under or adjacent to flight paths, lateral views from passenger planes on approach would continue to consist of rural farmland. Only once landed and taxiing would passenger views take in the industrial area, this only on one side of the aircraft; and airside development such as hangars and the like would largely screen the more general industry behind.

Ground level views, as may be experienced from taxi/bus and private vehicle connections, would be screened by the inclusion of public open space buffers and associated landscaping. While built forms would be discernible beyond the landscaped buffer, the distance from Forest Road to industrial developments would help to diminish the impression of bulk and scale.

Furthermore, airports are not regarded to be tourist destinations or attractors in their own right. Most visitors will spend a minimal amount of time at the airport before and after flights, with most of the dwell time spent inside the terminal building.

Tourist expectations for airports are more commonly associated with how quickly and efficiently they can pass through the facility, the standard of comfort and facilities available during their wait and the availability of parking or connecting ground transport. As such, the standard and presentation of the terminal building rather than surrounding development is more significant.

That is not to suggest that the presentation and standard of development in the industrial estate is not relevant. As the estate is a Council driven concept there is the opportunity, through both conditions on contracts for sale and through DCP provisions, to promote a high standard of presentation.

Issue 30 - The proposal will result in negative air safety impacts (2 submissions)

The Civil Aviation Safety Authority (CASA) is the national air safety regulator. CASA was consulted on the proposal and made a submission, recommending that the National Airports Safeguarding Framework (NASF) guidelines be used when proposing or assessing developments in the vicinity of airports as appropriate. NASF is a land use planning framework that aims to improve community amenity by minimising noise-sensitive development near airports and improve safety outcomes by ensuring aviation safety requirements are recognised in land use planning decisions through guidelines being adopted by jurisdictions on various safety related issues.

Issue 31 - The proposal will result in negative light pollution impacts (6 submissions)

It is noted that Australian Standards exist for light infrastructure to prevent impacts and this is what Orange City Council will rely on to minimise impacts during the DA process for developments.

The Standard AS4282 Obtrusive Effects of Outdoor Lighting is the relevant standard. From the website:

The Australian standard providing guidance on outdoor lighting pollution, light trespass and excessive glare………..

The aim of the standard is to provide application-based guidelines for designers, installers, asset owners and managers, and to set requirements ensuring outdoor lighting installations provide a safe, secure and non-obtrusive lit environment.

Regulators and council officials use the standard to manage lighting issues that range from light pollution to excessive glare and neighbourhood nuisance. It currently addresses obtrusive outdoor lighting from car parking lots, parks and reserves, sports lighting, floodlighting and yard lighting that that can give rise to discomfort or pose a safety hazard.

Issue 32 - The proposal will run the risk of an industrial accident/disaster (7 submissions)

The issue assumes that subsequent developments will involve hazardous, poorly designed or poorly managed projects. Assessment of development applications will have regard to this potential, and any proposal with such potential will need to demonstrate appropriate responses in their applications.

Issue 33 - The proposal will result in negative impacts on cyclists (2 submissions)

The conceptual masterplan incorporates a buffer zone of open space that can provide a separated pedestrian/cycleway. More generally, the proposal will result in upgrading of the road network, improving the width and condition of road shoulders and enabling greater separation between cyclists and traffic.

Issue 34 - The proposal will result in negative impacts on adjoining farms' accreditation (3 submissions)

Submissions raise concern that any contamination of water or soils could threaten the accreditation of nearby agricultural activities, the example cited being a beef and stud enterprise that is Cattlecare Accredited. This presumes that subsequent developments will be of the heavy industry type and not properly designed, operated or managed to prevent pollution.

As described in response to Issue 21, heavy industry is not the typical form of business that establishes in Orange. However, part of the rationale of the proposal is to provide for large format operations that are not able to be accommodated in other industrial areas. Any such application would be subject to the development assessment process and need to demonstrate how the particular proposal will avoid and mitigate such risks. Failure to do so would be adequate grounds for a refusal.

Issue 35 - The proposal will result in reduced property values in the area (2 submissions)

The effect on property values from planning decisions is notoriously difficult to quantify and is not regarded as being a material consideration in land use planning. A wide range of factors contribute to the price that any given property can achieve in the open market. These include (but are not limited to):

· condition and presentation of built improvements (house, sheds, fences etc)

· location

· proximity to services (employment, shopping, education and health care)

· accessibility (condition of road network, distance to city/town/village)

· mobile phone coverage and internet access

· views and aspect

· climate and rainfall patterns

· car parking and traffic

· development potential and land-use regulation

· change, and rate of change, in population

· supply and demand of development ready stock

· rental vacancy rates

· urbanisation and gentrification

· interest rate environment

· taxation environment (negative gearing, capital gains tax rules, ability to buy property within self-managed superannuation funds).

In addition to this complexity, property values have both a positive and negative effect in the local economy. Clearly a landowner benefits from strong and rising prices, however the same effect is a barrier to entry for those seeking to buy into an area. This dichotomy is a substantial reason that land use planning typically seeks to be agnostic with respect to property values.

Therefore, instead of trying to side with either established landowners or aspiring land-seekers, the planning system fosters economic growth overall. A growing local economy benefits both buyers and sellers. Economic growth brings more prospective buyers, and such buyers have a greater capacity to borrow/spend. Competition between buyers then drives up property prices. Conversely, constraining development dampens economic growth, reducing the number and purchasing power of buyers and leading to reduced competition for available properties.

The planning system facilitates this dynamic by allocating appropriate supply of land to its highest order use, while imposing appropriate environmental safeguards and managing interface issues.

Appropriate supply in this regard is considered to be the amount of land needed to provide buyers with a fair and reasonable diversity of sites to choose from, while not creating a glut of supply such that the competition among buyers would fail to reach a price point that covers the costs of development.

Issue 36 - The proposal will result in negative impacts on the region’s food bowl reputation (8 submissions)

Orange’s food and wine reputation has been fostered over many decades through a variety of marketing, events and ongoing efforts of both local producers and food establishments. Throughout this time the industrial sector has played a significant if fluctuating role in the local economy.

Industrial and light commercial activity has not previously been cited as hindering or obstructing the food and wine or ‘food bowl’ branding of either Orange or the central west more generally. It is therefore reasonable to conclude that both sectors of the local economy are able to co-exist without detriment. Additionally, some light industrial activities (such as micro-breweries, wineries, cheesemakers and other agricultural produce industries) may in fact contribute positively to such branding endeavours.

Issue 37 - Appropriate rail sidings already exist at Blayney and Orange (1 submission)

and

Issue 38 - The proposal duplicates the Parkes Airport/Industrial Hub on the Inland Rail corridor (3 submissions)

and

Issue 39 - The proposed rail siding is on a stretch of rail line that renders it unfeasible (1 submission)

The current proposal does not include a rail siding.

The Parkes Inland Rail hub has a very strong focus as a road/rail intermodal facility, which is likely to expand significantly if the inland rail project proceeds. Future smaller scale intermodals across the region could work in conjunction with a major national facility at Parkes so could be regarded as complementary rather than in competition if developed as part of an overall regional transport/freight strategy.

The proposal is not dependent upon a rail interchange or siding. The potential for a rail/ road interchange was identified for further investigation if and when expansion of the estate was warranted.

Issue 40 - There has been a lack of consultation with Blayney and Cabonne Councils (2 submissions)

Both Blayney and Cabonne Shire Councils have been consulted at staff level during varying stages of the project. Formal consultations have been in accordance with the Gateway Determination, resulting in staff reports to each respective Council.

Issue 41 - The local community is being ignored (2 submissions)

The proposal was placed on public exhibition from 19 November 2016 to 31 January 2017, attracting 133 submissions of which 124 were from members of the public and the Spring Hill and Surrounding Districts Consultative Committee.

All issues raised in submissions are required to be considered on their respective merits regardless of the proximity of the person(s) making the submission to the proposal. That is, the substance of the issue raised is the relevant concern rather than who or how many raised it.

The formal exhibition period is in addition to previous community engagement and public meetings in Spring Hill that followed a preliminary concept presented to Council in 2015. The assertion in one submission that “Consultation with the local community has been cursory at best” and in another submission “What is the point of community consultation if you don’t listen to that community?” are both refuted. Consultation has been periodic over an extended timeframe, with design and scope changes being made in response to feedback.

Community consultation is an important feature of land use planning that can serve to enhance understanding of the location and context of a proposal. However Council is required to balance a wide range of often competing interests and concerns, therefore consultation does not equate to a resident veto.

Issue 42 - Orange City Council is pursuing the Clergate rezoning back to residential in order to gain a financial windfall from residential rates (1 submission)

The Clergate rezoning is being pursued by an individual property owner who believes a rural residential estate is more appropriate on their land than the currently zoned industrial estate. A key reason for this rezoning application has been the failure over a period of time to attract industrial development to this site.

Issue 43 - The proposal will result in negative impacts on heritage assets (1 submission)

The relevant submission notes the wealth of history within the agricultural area of Huntley and Spring Hill. Particular reference is then made to several sites and buildings in the area, namely:

· ‘Little Springs’ homestead comprised of mud brick construction,

· ‘Huntley Park’ butter factory,

· Jim Martin’s cottage at Martin’s Corner,

· Huntley Park Produce Company, and

· the former Cadia Rail line and corridor adjacent to Forest Road.

The site area of the proposal does not include or impact upon any of the above sites. These sites have been noted for further consideration in the next heritage inventory review.

Issue 44 - The proposal will result in negative health (air quality) impacts (5 submissions)

Dust generation during construction was cited in one submission. This is a matter that is routinely addressed in the development consent process and subsequently mitigated through standard dust suppression conditions.

Increased traffic will result in an increase in vehicle exhaust emissions along the route to and from the industrial estate. Parking & Traffic Analysis have reviewed the proposal and supplied a traffic impact assessment report (attached to this report). While the analysis does not extend to air pollution, it does indicate that traffic volumes will remain within the capacity of the network. This suggests that particulate levels will remain consistent with rural areas generally.

Issue 45 - The information presented is generally inaccurate (4 submissions)

The information and documents presented were reviewed by the Department of Planning and Environment’s Gateway process. By virtue of granting a Gateway Determination the Department affirmed that the materials were sufficient to inform the public and relevant agencies of the intent of the proposal. The information provided was prepared in good faith to portray both the proposal and its context as accurately as was known at the time.

Issue 46 - The environmental assessment is inadequate (2 submissions)

The environmental assessment presented was reviewed by the Department of Planning and Environment’s Gateway process. By virtue of granting a Gateway Determination the Department affirmed that the materials were sufficient to inform the public and relevant agencies of the environmental aspects of the proposal.

Issue 47 - The job numbers presented are inflated (4 submissions)

The projected numbers have been determined based on sound processes by an independent source.

Issue 48 – Biosecurity concerns (1 submission)

This issue is acknowledged. The submission recommends biosecurity risk assessments for any new industry and that high level biosecurity measures are established to minimise the risk of incursions of pests, diseases and plant material through the airport. These suggestions are supported, and it is suggested that if the proposal proceeds then developments will need to be subject to an overall biosecurity plan.

Issue 49 - The proposal will result in negative impacts on the Huntley Berry farm (2 submissions)

One submission argues that driving through an industrial zone would impact on the attractiveness of Huntley Berry farm as a tourist destination, while the other notes it as a small scale commercial development within a short distance to the airport.

The Huntley Berry farm is located on the northern side of the airport, while the proposed industrial estate is located on the southern side of the airport. This provides a separation distance of approximately 1600m to the Huntley Berry Farm. The proposal does not place the estate directly on any of the main routes such as Forest Road, Huntley Road etc. Additionally, the concept includes buffer areas as public open space that would be landscaped to enhance the presentation of the area and provide screening of the estate.

Issue 50 - Objection to internal loan being used to purchase property (1 submission)

Council considers when preparing its 10 year Long Term Financial Plan the best use of funds and the best value for money approaches for funding projects. Council is able to utilise funds through internal borrowing processes. This is an attractive means of funding projects as the lower borrowing costs mean the repayments are less. Repayment of this loan are included in the budget. Money held for sewerage infrastructure is being used in this case. These funds are not required to be spent on infrastructure for a number of years. Council manages expenditure on sewerage infrastructure having determined the needs in its 30 year sewerage modelling systems. The use of moneys in this way is a cheaper and better value for money option than external borrowings. Council also has the capacity to externally source loans but it is at less attractive interest rates.

PROCEDURE

Given the direct interest of Council, as both land owner and proponent, the Department of Planning and Environment (DP&E) retained the role of Relevant Planning Authority (RPA) at the Gateway stage. This means that Council is not the determining authority for the proposal.

Should Council proceed with the proposal the materials will be forwarded to the NSW Parliamentary Counsels Office (PCO) for a legal opinion that the plan has been drafted satisfactorily. Once PCO opinion is received, the matter then moves to the DP&E for final determination. In making the determination DP&E will have regard to:

· the merits of the proposal itself

· consistency and compliance with State and local policies and strategies

· the issues and concerns raised during the public exhibition process

· other government agency concerns or feedback.

In this regard DP&E would have the option of approving the proposal as-is, approving the proposal with modifications, or refusing the proposal.

It is assumed that if DP&E were considering substantial changes (beyond the scope of any Council resolution) that Council would be consulted prior to the final determination - however this courtesy is not enshrined in legislation.

If DP&E decide to approve the proposal, with or without changes, they would then undertake the final stages of arranging to have the amendment published on the NSW legislation website.

Any amendment would only have legal effect upon publication on the legislation website.

OPTIONS

During review of the submissions, staff have liaised with DP&E on a variety of matters, including the consultation with Blayney and Cabonne Councils, the scope and status of the sub-regional strategy addendum and the main themes of the submissions.

On 28 April 2017 Council staff met onsite with DP&E Katrine O’Flaherty (Director, Western Region), Brett Whitworth (Executive Director, Local Planning Liaison) and Nita Scott (Senior Planner) and staff from Blayney and Cabonne Councils to help familiarise them with the site and its surrounding context, and to discuss particularly issues of concerns raised by the two Councils.

At that meeting it was suggested that the use of IN1 General Industrial may have created an impression of being predominantly ‘heavy industry’, with risks of contamination and visual blight when this is not the case. The zone name ‘General Industry’ is a result of the standardised LEP template adopted across NSW over the last decade, whereby councils were not able to create entirely new zones but may only select from a limited number of options. In this regard IN1 General Industry has simply been the default zone selected in Orange for employment generating lands. This indeed may create a false impression as it is Orange Council’s intent to create a special zone where higher level industry can coexist with the advantages of gas, road and air freight to create value adding employment. High tech manufacturing rather than heavy industrial.

Notwithstanding this, the DP&E suggestion of an alternative, less contentious, zone that still achieves the employment generating intent may assist in addressing many of the concerns expressed by the community. Of the currently available zones three alternatives have been examined, these include B6 Enterprise Corridor, B7 Business Park and IN2 Light Industrial. The following table illustrates the different range of uses permitted in each. The primary distinction is that all three limit industry to ‘Light Industries’ and prohibit ‘General Industries’ that the IN1 zone otherwise allows.

Common to all four zones	Warehouse or distribution centres; Roads; Light Industries; Neighbourhood shops; Garden centres; Hardware and building supplies;
Unique to IN1	Freight transport facilities; General industries; Vehicle sales or hire premises; Rural industries; Agricultural produce industries
Common to IN1 and IN2	Depots; Vehicle sales or hire premises; Timber yards; Places of public worship; Kiosks; Industrial training facilities; Landscaping material supplies; Rural supplies;
Unique to IN2	Funeral homes;
Common to IN1 and B6	Vehicle sales or hire premises; Timber yards; Kiosks; Landscaping material supplies; Rural supplies;
Unique to B6	Hotel or motel accommodation; Multi dwelling housing; Tourist and visitor accommodation; Business premises; Community facilities; Plant nurseries; Restaurants or cafes; Self-storage units; Shop top housing;
Common to B6 and B7	Take away food and drink premises; Passenger transport facilities;
Unique to B7	Respite day care centres; Child care centres; Office premises;

The B6 and B7 zones have been used in other parts of the LGA (principally along Bathurst Road and the northern section of Leeds Parade) such that tailoring either of these zones to the airport, through amending the land use table, may potentially have unintended consequences in other parts of Orange.

The IN2 zone has only been used on one other site in Orange at 185 Leeds Parade (south of the NDR alongside the railway as shown below).

That site is yet to be developed and has some constraints in terms of access. Consequently tailoring the IN2 zone to suit the airport would not affect any existing enterprises elsewhere in the LGA.

Creating a zone specifically for airport proposal will enable the zone to reflect the strategic importance of the site and the intersection of its key values and assets, such as access to the airport itself, the gas line and accessibility to the highway. This approach also allows the concerns of Blayney and Cabonne Shires to be taken into account as the range of uses and objectives of the zone can be more closely tied to the high technology uses and related activities contemplated for the site.

A local clause and Additional Permitted Use (APU) listing in schedule 1 of the LEP would also assist in refining the uses and objectives for the site and avoid compromising or hindering the orderly development of 185 Leeds Parade.

Of the apparent options, retaining the B7 Business Park zone combined with an Additional Permitted Use listing for Industrial Training Facilities, and converting the IN1 General Industrial zone to IN2 Light Industrial with similar Additional Permitted Uses to allow Rural Industries, Agricultural Produce Industries and Freight Transport facilities is considered to provide the most appropriate mix of uses while deterring the more intensive forms envisaged in various submissions.

Changing the mix of zones selected and tailoring the range of permissible uses as described would respond to various matters raised in the submission process. Principally, the change would ensure that some of the more intensive forms of industrial activity, that appear to have been a significant cause for concern among the community, would not be permissible in a revised mix of zones. As the changes are intended to address community concerns, the Department of Planning and Environment advice is that this would not result in a need to re‑exhibit the proposal.

It is therefore recommended that the planning proposal be supported in principle by Council but that DP&E be requested to alter the zone selection to B7 Business Park and IN2 Light Industrial, with an accompanying APU listing for Industrial Training Facilities, Rural Industries, Agricultural Produce Industries and Freight Transport facilities.

In the event that this approach is not supported by the Department of Planning and Environment then the proposal stands as originally proposed with IN1 and B7 zones.

Attachments

1 Groundwater Assessment Report, IC16/8122 ⇩

2 National Airports Safeguarding Framework, D17/34466 ⇩

Council Meeting 22 June 2017

5.5 Part 5 Environmental Assessment East Fork Road Bridge

TRIM REFERENCE: 2017/1200

AUTHOR: David Waddell, Director Development Services

EXECUTIVE Summary

Orange City Council is proposing to construct a new bridge at East Fork on Peisley Street Orange, aimed at limiting the traffic impact in one of Orange’s busiest streets when a new rail overpass bridge is built.

The $2.5 million project, being managed by Orange City Council, has received a total of $1.25 million in funding through the NSW Government’s Restart NSW Fixing Country Roads program and $1.25 million in funding provided by the Australian Government’s Bridges Renewal Program.

The key features of the proposal include:

· New two span, single lane bridge over the Broken Hill rail line, adjacent to the existing bridge

· A bridge deck length of 30.9 metres with one seven metre lane width between kerbs

· Minimum one metre shoulders

· A 2.5 metre shared path adjacent to the southbound lane with service conduits underneath

· A 5.07 metre vertical clearance under the new bridge to meet the single stacking height requirement and match adjacent existing bridge

· 1.5 metre horizontal clearance to existing bridge

· Bridge to be designed to cater for heavy vehicles up to B-Doubles

· Appropriate retaining structures to suit local soil types for bridge abutments and fill areas to reduce impact on rail corridor

· Temporary construction compounds to facilitate construction activities.

· When access across the bridges is closed, traffic would be diverted along Gardiner Road, Anson Street and the southern feeder Road, adding 1.08 kilometres to a journey.

· Unrestricted two way traffic will be maintained for as long as practical. Full closure of the road will be necessary but limited to high risk activities such as crane lifts.

· Construction work is expected to take about 12 months to complete with work in to begin September.

· Construction works should not result in the pollution of land or water so long as best management practices for erosion and sediment control are undertaken during construction, and appropriate remediation measures are implemented on a progressive basis.

Council commissioned GHD, to prepare a Review of Environmental Factors (REF) for determination by Council as the proponent and the determining authority under Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

The REF examines the Council’s plan to undertake the bridge construction while maintaining traffic through the worksite. With the exception of heavy vehicles, which would be required to detour around the work site, southbound traffic will be maintained through the work site for as long as practically possible and in consideration of Work Health and Safety.

The beneficial effects of the proposal would be improvements to safety for all road users including the provision of access for B-Doubles.

The REF has identified that the proposal has the potential to result in a number of temporary adverse environmental effects during construction, including:

· Potential noise and vibration impacts to sensitive receivers

· Disruption to traffic, pedestrians and cyclists

· Potential decline in air quality

· Increased risk of spills and contamination.

Whilst Orange City Council is the determining authority for the project, at certain locations other approvals/permits/licences will need to be secured from Transport for NSW.

The REF was exhibited and six submissions received. The issues raised have been addressed by the Project team and are dealt with in this report.

The REF concludes that:

The proposal would result in both positive and negative impacts, however the safeguards summarised in this REF would manage and mitigate the identified negative impacts. The beneficial impacts are considered to outweigh the adverse impacts of the proposal.

The assessment of the proposal and associated environmental impacts has been undertaken in accordance with clause 228 of the Environmental Planning and Assessment Regulation 2000, Section 111 of the Environmental Planning and Assessment Act 1979, the Threatened Species Conservation Act 1995, the Fisheries Management Act 1994, and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.

This REF finds that the proposal is unlikely to have a significant impact on the environment and therefore an environmental impact statement under Part 5.1 of the Environmental Planning and Assessment Act 1979 is not required. There would be no significant impact on threatened species listed under the Threatened Species Conservation Act 1995 and/or Fisheries Management Act 1994. Therefore, a species impact statement is not required.

The proposal would not significantly impact on a matter of national environmental significance or Commonwealth land. As a result, it is considered that there is no need to refer the proposal to the Australian Government Department of Environment and Energy under the Environment Protection and Biodiversity Conservation Act 1999.

Under Section 111 of the EP&A Act, Council is responsible for assessing all matters affecting or likely to affect the environment from this activity.

The REF concludes that there will be no significant impacts arising. The REF also recommends mitigation measures to minimise impacts and to protect the environment. These, together with Council's standard conditions, form part of the consent.

Staff concur with the findings of the REF. It is concluded that Council has satisfied its obligations under Part 5 of the EP&A Act 1979 and that the project can proceed.

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

Nil

Policy and Governance Implications

Nil

Recommendation

That Council approves the East Fork Road Project in accordance with its obligations under Part 5 of the Environmental Planning & Assessment Act 1979.

further considerations

SUPPORTING INFORMATION

The authority to determine developments under Part 5 of the EP&A Act is encompassed by the General Manager's delegation GM004 adopted by Council 18 December 2012.

The key features of the proposal include:

· New two span, single lane bridge over the Broken Hill rail line, adjacent to the existing bridge

· A bridge deck length of 30.9 metres with one seven metre lane width between kerbs

· Minimum one metre shoulders

· A 2.5 metre shared path adjacent to the southbound lane with service conduits underneath

· A 5.07 metre vertical clearance under the new bridge to meet the single stacking height requirement and match adjacent existing bridge

· 1.5 metre horizontal clearance to existing bridge

· Bridge to be designed to cater for heavy vehicles up to B-Doubles

· Appropriate retaining structures to suit local soil types for bridge abutments and fill areas to reduce impact on rail corridor

· Temporary construction compounds to facilitate construction activities.

Unrestricted two way traffic will be maintained for as long as practical. Full closure of the road will be necessary but limited to high risk activities such as crane lifts.

Construction work is expected to take about 12 months to complete with work in to begin September.

When access across the bridges is closed, traffic would be diverted along Gardiner Road, Anson Street and the southern feeder Road, adding 1.08 kilometres to a journey.

A full range of other issues have been investigated within the REF and found to be satisfactory. In this regard the REF has considered the relevant provisions of:

• Environmental Planning and Assessment Act 1979

• Environmental Planning and Assessment Regulation 2000

• Environmental Protection and Biodiversity Conservation Act 1999

• Threatened Species Conservation Act 1995Fisheries Management Act 1994

• National Parks and Wildlife Act 1974

• Wilderness Act 1987

• Heritage Act 1977

• Native Vegetation Act 2003

• Protection of the Environment Operations Act 1997

• Water Management Act 2000

• Water Act 1912

• Local Government Act 1993

• Dam Safety Act 1978

• Roads Act 1993

The REF was exhibited and six submissions received.

Submissions were received from

· James Sheahan Catholic High School

· Max Jones

· Paul Matthews

· Ronald McDonald House

· Tony Callaghan

· Lynette Redmond

James Sheehan Catholic High School

This submission related mainly to the issue of traffic impacts.

Project staff respond that a Community Engagement Plan has been developed and is available on the Orange City Council website under “Your Say”. The plan provides traffic advisory information to road users and the community. Additional information will be provided via media, traffic message boards and signage. Key stakeholders have been identified who will be appropriately notified prior to and during the traffic diversions. Traffic diversions will be monitored for effectiveness and amended as required.

An independent traffic model has been developed that estimates diversions would add between 1.5 to 3.0 minutes to travel times in the area.

A construction Tender will be awarded later this year, which will require the Contractor to develop and implement a traffic management plan in accordance with the REF.

Max Jones

Mr Jones asked that a straight overhead bridge be considered.

This option was investigated which would include the removal of the existing bridge and pedestrian footbridge. Construction of a new bridge would extend from Peisley Street to Forest Road in a straight line.

This option would reduce the length of road and provide a direct route. The bridge would be in the order of 280m in length to enable changes of grade to achieve rail clearances over the two tracks. It would also require acquisition of private properties in both Peisley Street and Forest Road, would impact on the existing rail buildings, have a significant impact on existing underground services and have an unacceptable cost benefit ratio.

This option was not considered further in the REF due to the necessary bridge width over the two rail lines being too wide and piles required for support would impact on the heritage buildings located at East Fork Junction. Additionally, the approaches to the bridge would result in major impacts on existing properties such as land acquisition, potential for removal of existing buildings and power lines.

Paul Matthews

Mr Matthews raised numerous concerns. These are listed and addressed by Project staff below.

Response to Paul Matthews 35 Tynan Street

Concerns

Replies

Currently the night time bridge traffic travelling south, causes the headlight beams to just flick into our lounge room. The proposed new southbound lane will cause the headlights to beam directly into our lounge room, our lounge room is directly inline & at the same elevation as the bridge.

Is a provision for screens available for protection from this pollution?

A Headlight study has been conducted of 35 Tynan St.

The report concludes that the property is 110m from the new bridge site and it would be very unlikely that the location of the proposed duplicated bridge and new traffic alignment into Forest Road would create a vehicle headlight problem for 35 Tynan Street beyond what would be considered reasonable in a residential setting

As a new set of street lighting will be installed, are these fitted with blinkers on the sides to concentrate the light downwards?

A lighting investigation has been completed by GHD and a preliminary lighting design prepared by Gerard Lighting in accordance with AS/NZS 1158. 3.1 – 2005 Lighting Category P3.

Blinkers are not specified. Final lighting designs will be supplied by the successful contractor

Large trucks travelling over the bridge day & night is going to cause a large increase in road noise; eg. exhaust brakes.

Is a provision in place for the restricted use of exhaust brakes?

The REF determines that during operation it is expected that the annual average daily traffic for B – Doubles would increase from 7 to 30 and the impacts associated with this increase in B – Double movements is expected to be minor and there will not be a large increase in road noise

There are many processes and procedures associated with the use of exhaust brakes for drivers and some provisions require that there are no restrictions within 300m of traffic to slow or stop such as rail crossings or substandard curves

Drivers are trained in the minimal use of exhaust braking within residential areas and modern exhaust systems emit minimal noise

Response to Paul Matthews 35 Tynan Street
Concerns	Replies
The bridge is to be closed for periods. Working in Peisley St, I walk to work & do not wish to walk all the way around. Is a provision in place for pedestrians during this time?	The existing pedestrian footbridge would be removed prior to construction of the new bridge. During construction when southbound traffic only is facilitated, pedestrians and cyclists would be permitted to cross the rail corridor via a dedicated path on the existing rail bridge protected by concrete barriers. It is intended to maintain two-way traffic for as long as possible during construction. This is anticipated to occur for approximately 53 days during the project. Subsequent to the REF, additional investigation of pedestrian access has been considered when two-way traffic is facilitated over the existing bridge. To ensure pedestrian safety, it has been determined that pedestrian access cannot be permitted while there is two-way traffic. Detours via Anson Street would be in place along with public notices advising of the detours during this time. Pedestrians and cyclists would be permitted to cross the new bridge when it is complete and works on the existing rail bridge have commenced. The contractor’s Traffic Control Plan would also address the closure of the road to allow safe work conditions for site personnel and allow machinery access to the proposal site.
With the increase in B-Doubles down Peisley St/Forest Rd, this is a heavily congested road already with very limited driveway access due to parking. Are the blind driveway issues going to be addressed in Peisley St? This can be very difficult turning out of businesses on this street due to the large amounts of parked cars there.	The REF determines that during operation it is expected that the annual average daily traffic for B – Doubles would increase from 7 to 30 and the impacts associated with this increase in B – Double movements is expected to be minor The Bridge works REF does not specifically address existing access issues along Peisley Street. Parking outside specific business’ that may be causing issues would require submission to Council’s Traffic Committee for consideration The proposal will result in both positive and some negative impacts, however the safeguards summarised in the REF will manage and mitigate the identified negative impacts. The beneficial impacts are considered to outweigh the adverse impacts of the proposal
Response to Paul Matthews 35 Tynan Street
Concerns	Replies
There are currently NO crossing areas between the busiest sections of Peisley St to Forest Rd to gain access to use the footbridge & the footpath. Is a provision in place to supply a pedestrian island & footpath to prevent having to walk on the road if B-Doubles are allowed to use the street?	The Bridge works REF does not specifically address existing pedestrian access issues on Peisley Street. At this stage there is no provision to provide a pedestrian island or footpath connections other than to replicate what already exists. This could be a future consideration for the traffic committee, subject to funding. The REF determines that during operation it is expected that the annual average daily traffic for B – Doubles would increase from 7 to 30 and the impacts associated with this increase in B – Double movements is expected to be minor

Ronald McDonald House

Ronald McDonald House made submission in regard to Ronald McDonald House visitor awareness of travel routes to the Orange Health Service including Ronald McDonald House.

A Community Engagement Plan has been developed provides traffic advisory information to road users and the community via media, traffic message boards and signage. Key stakeholders have been identified who will be appropriately notified prior to and during the traffic diversions. Traffic diversions will be monitored for effectiveness and amended as required.

An independent traffic model has been developed that estimates diversions would add between 1.5 to 3.0 minutes to travel times in the area.

A construction Tender will be awarded later this year, which will require the Contractor to develop and implement a traffic management plan in accordance with the REF.

Tony Callaghan

Mr Callaghan asked that a straight overhead bridge be considered.

This option was investigated which would include the removal of the existing bridge and pedestrian footbridge.

Construction of a new bridge would extend from Peisley St to Forest Rd in a straight line. This option would reduce the length of road and provide a direct route, the bridge would be in the order of 280m in length to enable changes of grade to achieve rail clearances over the two tracks. It would also require acquisition of private properties in both Peisley St and Forest Rd, would impact on the existing rail buildings, have a significant impact on existing underground services and have an unacceptable cost benefit ratio.

This option was not considered further in the REF due to the necessary bridge width over the two rail lines being too wide and pile required for support would impact on the heritage buildings located at East Fork Junction. Additionally, the approaches to the bridge would result in major impacts on existing properties such as land acquisition, potential for removal of existing buildings and power lines.

Lynette Redmond

Mrs Redman understands the upgrade is necessary however believes that the “Southern Ring Road” should be completed first. In addition Mrs Redman raises concerns that “a major health facility was built without main road access” and she considers the traffic in Anson Street is already at a “dangerous level”.

Project staff respond by identifying that for the majority of the project south bound traffic will be facilitated along Peisley Street limiting impacts on the morning peak traffic in Anson Street. It is also expected that some self-regulation of traffic will occur with traffic avoiding Anson Street at peak times. With the future development of the Southern Feeder Rd additional north south accesses will be developed, such as at Edward St, Cecil Rd, Woodward St/Shiralee Rd, Pinnacle Rd and ultimately Ploughman’s Lane, which will reduce the reliance on Anson St in the future.

In addition a Community Engagement Plan has been developed and is available on the Orange City Council website under “Your Say”. The plan provides traffic advisory information to road users and the community. Additional information will be provided via media, traffic message boards and signage. Key stakeholders have been identified who will be appropriately notified prior to and during the traffic diversions. Traffic diversions will be monitored for effectiveness and amended as required.

While there is expected to be greater traffic numbers in Anson Street during construction in the longer term the duplicate bridge will take traffic away from Anson Street addressing some of Mrs Redmond’s concerns that “traffic on Anson Street is already at a dangerous level”.

ENVIRONMENTAL IMPACTS

As is required under legislation, the REF has considered impacts as follows:

· Traffic, transport and access

· Noise and vibration

· Water quality, groundwater and flooding

· Topography, geology and soils

· Biodiversity

· Landscape character and visual amenity

· Aboriginal heritage

· Non-Aboriginal heritage

· Waste management

· Socio-economic effects

· Energy and greenhouse emissions

· Air quality

Construction works should not result in the pollution of land or water so long as best management practices for erosion and sediment control are undertaken during construction, and appropriate remediation measures are implemented on a progressive basis.

The beneficial effects of the proposal would be improvements to safety for all road users including the provision of access for B-Doubles.

The REF has identified that the proposal has the potential to result in a number of temporary adverse environmental effects during construction, including:

· Potential noise and vibration impacts to sensitive receivers

· Disruption to traffic, pedestrians and cyclists

· Potential decline in air quality

· Increased risk of spills and contamination.

Whilst Orange City Council is the determining authority for the project, at certain locations other approvals/permits/licences will need to be secured from Transport for NSW.

Overall, potential negative impacts associated with the proposal are not considered to be significant and able to be adequately managed by implementing the mitigation measures. The benefits of the proposal are considered to outweigh any potential adverse impacts. The disruption to road users is clearly the issue which will impact most but this is not atypical of road project impacts.

Under Section 111 of the EP&A Act, OCC is responsible for assessing all matters affecting or likely to affect the environment from this activity. The potential impacts of the proposal have been considered against the matters listed in clause 228 of the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) and are not considered to be significant.

The REF concludes that:

Under Section 111 of the EP&A Act, Council is responsible for assessing all matters affecting or likely to affect the environment from this activity.

Staff concur with the findings of the REF. It is concluded that Council has satisfied its obligations under Part 5 of the EP&A Act 1979 and that the project can proceed.

Council Meeting 22 June 2017

5.7 Development Application DA 53/2017(1) - 30 Telopea Way

TRIM REFERENCE: 2017/1249

AUTHOR: Summer Commins, Senior Planner

EXECUTIVE Summary

Application lodged	28 February 2017
Applicant/s	Orange North Pty Ltd
Owner/s	Orange North Pty Ltd
Land description	Lot 16 DP 1210246 - 30 Telopea Way, Orange
Proposed land use	Subdivision (four lot Torrens title), Subdivision (eight lot Community Title), Dwelling Houses (nine) and Medical Centre
Value of proposed development	$2,600,000

Council's consent is sought for development of land at 30 Telopea Way, Orange, for the purposes of a medical centre and residential development. The development will proceed in stages, as follows:

Stage 1: Torrens subdivision of the land to create one (1) lot for the medical centre at the Telopea Way frontage; two (2) standard lots for dwellings at the Telopea Way frontage; and one (1) battleaxe development lot for dwellings at the rear of the site.

Stage 2: Community subdivision of the battleaxe development lot to create seven (7) residential lots and one (1) community lot (for an internal road).

Stage 3: Construction of the dwelling houses (single-storey and detached).

Stage 3: Construction of the medical centre.

The proposal is consistent with the planning regime applying to the land. Approval of the application is recommended.

DECISION FRAMEWORK

Development in Orange is governed by two key documents Orange Local Environment Plan 2011 and Orange Development Control Plan 2004. In addition the Infill Guidelines are used to guide development, particularly in the heritage conservation areas and around heritage items.

Orange Local Environment Plan 2011 – the LEP should be considered by Council to be a definitive document. LEPs govern the types of development that are permissible or prohibited in different parts of the City and also provide some assessment criteria in specific circumstances. Uses are either permissible or not - there are no grey areas in terms of permissibility. The objectives of each zoning and indeed the aims of the LEP itself are, however, open to interpretation and can be used to guide decision making around appropriateness of development.

Orange Development Control Plan 2004 – the DCP guides development. In general it is a performance based document rather than prescriptive in nature - its purpose is to guide development. The Land and Environment Court tends to view it as such. In each area of interest there are often guidelines used. These guidelines indicate ways of achieving the planning outcomes. It is thus recognised that there may also be other solutions of merit. All design solutions are considered on merit by planning and building staff. Applications should clearly demonstrate how the planning outcomes are being met where alternative design solutions are proposed. So one can see that the DCP gives leeway for developers and architects to use design to achieve the outcome in other ways if they can. Stating that DCP guidelines are inflexible can be misleading.

This development is considered an appropriate use of land in this precinct under the R1 zoning, although the Infrastructure SEPP has been used to allow the medical centre use. It is still a use that might be expected in a residential area servicing the needs of the local population. The slight departure in bulk and scale around the medical centre building is considered justified as the community road lessens its impact.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council consents to development application DA 53/2017(1) for Subdivision (four lot Torrens), Subdivision (eight lot Community Title), Dwelling Houses (nine) and Medical Centre at Lot 16 DP 1210246 - 30 Telopea Way, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE PROPOSAL

The proposal involves staged development of the subject land for the purposes of a medical centre and residential development, as follows:

Stage 1 - Torrens Subdivision

Stage 1 involves four lot Torrens subdivision of the land to create the following parcels:

Proposed Lot	Area (m²)	Intended Use
201	1,478.4	Proposed medical centre
202	3,659.2	Development lot for Community title subdivision and dwellings
203	398.7	Proposed Dwelling 1
204	398.7	Proposed Dwelling 2

Proposed four lot Torrens subdivision

Stage 2 - Community Subdivision

Stage 2 involves subdivision of development Lot 202 (Stage 1) to create the following Community lots:

Proposed Lot	Area (m²)	Intended Use
1	991.7	Community property – vehicle and landscaped areas
2	382	Dwelling 3
3	382	Dwelling 4
4	510.2	Dwelling 5
5	326.4	Dwelling 6
6	356.6	Dwelling 7
7	334.7	Dwelling 8
8	375.9	Dwelling 9

Proposed eight lot Community subdivision

Stage 3 - Dwellings

Stage 3 involves construction of Dwellings 1 and 2 on proposed Torrens Lots 203 and 204 (Stage 1); and Dwellings 3-9 on Community Lots 2-8 (Stage 2).

The dwellings will be detached, single-storey, and of contemporary design and detailing. Each dwelling will contain 3-4 bedrooms, two bathrooms and attached double garage. External finishes will comprise face brick walls with tiled/rendered and painted highlights, Colorbond roof sheeting and roller doors, and aluminium framed openings. Private open space will be provided for each dwelling. Perimeter and internal fencing will be erected and landscaping installed.

Proposed Dwellings 1 and 2 will have frontage and access to Telopea Way. Proposed Dwellings 3-9 will address and be accessed via the shared internal roadway.

A typical elevation of the proposed dwellings is depicted below:

Typical front elevation - Dwellings 1-9

Stage 4 - Medical Centre

Stage 4 involves construction of a medical centre on proposed Torrens Lot 201 (Stage 1).

The medical centre will be single-storey with a footprint of some 36m wide x 15m deep. The building will take a modern rectilinear design with skillion roof profile, parapet to front and side elevations, defined entry portal and symmetrical openings. External finishes will reinforce the contemporary building design and comprise masonry walls, Scyon Matrix Panel cladding to parapet, smooth sheet horizontal cladding to entry, Colorbond roof sheeting and aluminium framed glazing.

The medical centre will comprise reception/waiting area, six consulting rooms, three procedure rooms, nurse’s station, amenities and utilities area. The building will have a floor area of approximately 520.9m².

The proposed medical centre will address Telopea Way. A car park containing 18 car spaces will be provided to the south of the building, with direct access via Telopea Way. Pedestrian pathways and landscaping will be established.

The medical centre will provide health services to out-patients via an appointment regime. The proposed hours of operation are 7am to 7pm Monday to Friday; and 8am to 6pm weekends and public holidays.

The proposed medical centre is depicted below:

Front (western) façade to Telopea Way

Artist’s impression

MATTERS FOR CONSIDERATION

Section 5A Assessment

In the administration of sections 78A, 79B, 79C, 111 and 112, the provisions of Section 5A must be taken into account for every development application in deciding whether there is likely to be a significant effect on threatened species, populations or ecological communities or their habitats. This section includes a requirement to consider any adopted assessment guidelines, which means assessment guidelines issued and in force under section 94A of the Threatened Species Conservation Act 1995. Assessment guidelines are in force (see DECC-W “Threatened Species Assessment Guidelines - The Assessment of Significance”) which requires consent authority to adopt the precautionary principle in its assessment.

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

Section 79C

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under subclause 2. Those relevant to the application are as follows:

(a) to encourage development which complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

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

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

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

The application is considered to be consistent with the above objectives, as outlined in this report.

Clause 1.6 - Consent Authority

This clause establishes that, subject to the Act, Council is the consent authority for applications made under the LEP.

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

This clause provides that covenants, agreements and other instruments which seek to restrict the carrying out of development do not apply with the following exceptions.

· covenants imposed or required by Council

· prescribed instruments under Section 183A of the Crown Lands Act 1989

· any conservation agreement under the National Parks and Wildlife Act 1974

· any trust agreement under the Nature Conservation Trust Act 2001

· any property vegetation plan under the Native Vegetation Act 2003

· any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

· any planning agreement under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.

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

Mapping

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

Land Zoning Map:	Land zoned R1 General Residential
Lot Size Map:	No minimum Lot Size
Heritage Map:	Not a heritage item or conservation area
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Ground water vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	Not within or affecting a defined watercourse
Urban Release Area Map:	Not within an urban release area
Obstacle Limitation Surface Map:	No restriction on building siting or construction
Additional Permitted Uses Map:	No additional permitted use applies

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

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones

The subject site is located within the R1 General Residential zone. The proposed development is defined as “subdivision,” “dwelling houses” and “medical centre.”

Pursuant to Section 4B of the Environmental Planning and Assessment Act:

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

Pursuant to the OLEP 2011 Dictionary:

Dwelling house means: a building containing only one dwelling.

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

Medical centre means: premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.

In terms of permissibility:

· Subdivision is permitted with consent in the R1 zone pursuant to Orange LEP 2011.

· Dwelling houses are permitted with consent in the R1 zone pursuant to Orange LEP 2011.

· Medical centres are permitted with consent in the R1 zone pursuant to Clause 57 of State Environmental Planning Policy (Infrastructure) 2007.

Clause 2.3 - Zone Objectives and Landuse Table

The objectives for land zoned R1 General Residential are as follows:

· To provide for the housing needs of the community.

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

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

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

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

The proposal is consistent with the objectives of the R1 zone as follows:

· Proposed Dwellings 1-9 will provide additional housing stock to accommodate the housing needs of the community.

· The development will contribute to the variety of housing types and densities in the Waratah precinct, and complement the developing neighbouring residential density.

· The proposed medical centre is a complementary landuse that will provide health services facilities for residents in the locality.

· The subject land is serviced by public transport.

· The site does not have frontage or access to the Southern Link Road.

Clause 2.6 - Subdivision - Consent Requirements

Clause 2.6 is applicable and states:

(1) Land to which this Plan applies may be subdivided but only with development consent.

Consent is sought for Torrens and Community subdivision of the subject land in accordance with this clause.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

The Part 4 Principal Development Standards do not relate to the subject land or proposed development.

Part 5 - Miscellaneous Provisions

Part 5 Miscellaneous Provisions do not relate to the proposal.

Part 6 - Urban Release Area

Not relevant to the application. The subject site is not located in an Urban Release Area.

Part 7 - Additional Local Provisions

7.1 - Earthworks

Clause 7.1 applies. This clause states in part:

(3) Before granting development consent for earthworks, the consent authority must consider the following matters:

(a) The likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development

(b) The effect of the development on the likely future use or redevelopment of the land

(c) The quality of the fill or the soil to be excavated, or both

(d) The effect of the development on the existing and likely amenity of adjoining properties

(e) The source of any fill material and the destination of any excavated material

(f) The likelihood of disturbing relics

(g) The proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area

(h) Any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).

In consideration of this clause, the proposal is considered to be acceptable. Minor earthworks will be required to create level building pads, site accesses and vehicle areas, service connections and landscaping. The earthworks will be supported onsite with minor change to ground levels. Disruption to drainage is considered to be minor and will not detrimentally affect adjoining properties. Conditions are recommended in relation to sediment and erosion control during construction.

7.3 - Stormwater Management

Clause 7.3 is applicable. This clause states in part:

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

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

(b) includes, where practical, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water

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

In consideration of this clause, the proposal is acceptable. The development will be serviced by new interlot stormwater drainage. Conditions are recommended in relation to drainage works to satisfy the requirements of Clause 7.3.

7.6 - Groundwater Vulnerability

The subject land is identified as Groundwater Vulnerable on the Groundwater Vulnerability Map. Clause 7.6 applies. This clause states in part:

(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider:

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

In consideration of Clause 7.6, the proposal is acceptable. The proposed development does not involve processes or activities that would impact on groundwater resources. The subject land is connected to Council’s reticulated sewerage system.

Clause 7.11 - Essential Services

Clause 7.11 is applicable. This clause states:

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required:

(a) the supply of water

(b) the supply of electricity

(c) the disposal and management of sewage

(d) storm water drainage or on-site conservation

(e) suitable road access.

In consideration of this clause, all utility services are available to the land and adequate for the proposal:

· The subject land is connected to reticulated water supply.

· Electricity and telecommunications are available to the land.

· The site is connected to Council’s reticulated sewerage system.

· Conditions are recommended requiring stormwater management consistent with the Development and Subdivision Code.

· The subject land has direct frontage and access to Telopea Way.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

SEPP (Building Sustainability Index BASIX) 2004 applies to the subject development. BASIX Certificates have been submitted in support of proposed Dwellings 1-9. Each dwelling will satisfy the provisions of BASIX in respect of water, thermal comfort and energy. The proposal is consistent with the SEPP. Conditions are recommended requiring the BASIX commitments be undertaken during construction works.

State Environmental Planning Policy No. 55 – Remediation of Land

SEPP 55 Remediation of Land is applicable. Pursuant to Clause 7(1):

(1) A consent authority must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated

(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

Contamination investigation was undertaken in conjunction with former subdivision of the land. Further investigation as a precursor to site remediation is considered unnecessary in conjunction with the proposal.

State Environmental Planning Policy (Infrastructure) 2007

Health services facilities are permitted with consent in the R1 General Residential zone, pursuant to Clause 57.

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

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

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposal is not integrated development.

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

Development Control Plan 2004

DCP 2007-7 - Development in Residential Areas

Subdivision in North Orange - Waratah

The DCP sets the following (applicable) Planning Outcomes in regard to residential subdivision in North Orange - Waratah:

· The subdivision layout is generally in accordance with the Conceptual Subdivision Layout.

· Subdivision design and construction complies with the Orange City Development and Subdivision Code.

· Lots are oriented to maximise energy efficiency principles.

· Residential lots have direct frontage and access to a public road.

· All utility services are provided to the proposed lots.

In consideration of the planning outcomes, the development is acceptable, as follows:

· The Conceptual Subdivision Layout has already been varied in the vicinity of the subject land. The proposed Torrens and Community subdivision layouts will not impact upon the approved or existing road network and landuse pattern, and are considered to be acceptable.

· As demonstrated in this report, the proposed residential lots will be of sufficient area to provide a high standard of residential amenity to proposed Dwellings 1‑9, in full compliance with the DCP (Part 7.5 - Merit-Based Approach to Residential Development in Orange).

· The subdivision design and construction will comply with the Orange Development and Subdivision Code. Conditions are recommended in relation to this matter.

· The orientation of the proposed lots will provide reasonable solar access to proposed Dwellings 1-9. The proposed dwellings will comply with the DCP guidelines for solar access to indoor and outdoor habitable spaces, as outlined in this report.

· Proposed Torrens Lots 203 and 204 will have direct frontage and access to Telopea Way. Proposed Lot 1 in the Community subdivision will have direct access to Telopea Way. This lot will be developed as a private roadway that will provide legal access to Community Lots 2 to 8.

· Urban utility services will be provided to the proposed lots. Relevant conditions are recommended in relation to services construction and connection.

Neighbourhood Character

The DCP sets the following Planning Outcomes in regard to Neighbourhood Character:

· Site layout and building design enables the:

- creation of attractive residential environments with clear character and identity

- use of site features such as views, aspect, existing vegetation and landmarks.

· Buildings are designed to complement the relevant features and built form that are identified as part of the desired neighbourhood character.

· The streetscape is designed to encourage pedestrian access and use.

Development adjoining the site is mixed in function and character. A child care centre is approved on the adjoining northern parcel, with two-storey medium density housing approved to the east. A low density residential neighbourhood extends further to the east. Land to the immediate south is vacant, with the next southern parcels comprising a further child care centre and McDonalds Restaurant (across Farrell Road). The North Orange Shopping Centre is located to the west, across Telopea Way. Waratah Sportsground is situated to the north and northwest of the land, at the culmination of Telopea Way.

The proposed development is considered satisfactory in terms of neighbourhood character due to the following:

· The proposed medical centre and medium density housing are considered appropriate landuses in this spatial setting and will complement mixed use development in the vicinity.

· The proposed medical centre will complement and reinforce the neighbourhood centre opposite the site.

· The proposed dwellings will complement the density of the approved medium density housing development on the adjoining land to the east.

· The dwellings in the community scheme will comprise a separate and integrated precinct, with a defined character and identity.

· The design for Dwellings 1-9 will complement the neighbourhood character in respect of building design, external finishes, height and site layout.

The proposal will not alter or diminish the function of Telopea Way for pedestrian access and use. In this regard:

· Vehicles associated with the proposed medical centre and Dwellings 3-9 will enter and exit the site in a forward direction.

· Reverse egress to Telopea Way for Dwellings 1 and 2 will be consistent with vehicle movements for single dwellings throughout the City. The driveways will be removed from the car park exit associated with the North Orange Shopping Centre.

· The access for the proposed medical centre will oppose the car park entrance and exit for the shopping centre. The road formation of 13m is acceptable to prevent conflicts. Furthermore, sight lines along Telopea Way to the north and south are expansive.

Building Appearance

The DCP sets the following Planning Outcomes in regard to Building Appearance:

· The building design, detailing and finishes relate to the desired neighbourhood character, complement the residential scale of the area, and add visual interest to the street.

· The frontages of buildings and their entries face the street.

· Garages and car parks are sited and designed so that they do not dominate the street frontage.

In consideration of the planning outcomes:

· The design and detailing for the proposed dwellings are reflective of the predominant residential building form in the Waratah precinct.

· Proposed Dwellings 1 and 2 will address Telopea Way, with Dwellings 3-9 to address the shared private roadway. The front elevations will each comprise window/s, front entry door, portico treatment and double garage.

· Garage presentation will not dominate the street frontage. The attached garages will not project forward of the main front dwelling façade. Each garage will be contained beneath the main dwelling roof profile and thereby integrate with the building design. The garage doors will comprise less than 50% of each dwelling frontage.

· The building design and detailing for the medical centre will complement the built from in the North Orange shopping centre complex.

Heritage

The DCP sets the following Planning Outcomes in regard to Heritage:

· Heritage buildings and structures are efficiently re-used.

· New development complements and enhances the significance of a heritage item or place of heritage significance listed in the orange heritage study.

· Significant landscape features are retained including original period fences and period gardens.

The subject land does not contain or adjoin a heritage item and is not located within a heritage conservation area.

Setbacks

The DCP sets the following Planning Outcomes in regard to Setbacks:

· Street setbacks contribute to the desired neighbourhood character, assist with the integration of new development and make efficient use of the site.

· Street setbacks create an appropriate scale for the street considering all other streetscape components.

Street setbacks for the proposed dwellings will comply with the DCP:

· Proposed Dwellings 1 and 2 will be sited a minimum 4.5m from the front boundary to Telopea Way.

· Garages for Dwellings 1 and 2 will have a minimum setback of 5.5m from the public street, thus providing tandem parking for each dwelling wholly within the subject land.

· Side and rear setbacks for the proposed dwellings will comply with the BCA.

The street setback for the proposed medical centre will be 6.2m for the main front façade and 4.5m to the entry portal. Siting of the medical centre will relate to the residential building line.

Front Fences and Walls

The DCP sets the following Planning Outcomes in regard to Fences and Walls:

· Front fences and walls:

- assist in highlighting entrances and creating a sense of identity within the streetscape

- are constructed of materials compatible with associated housing and with fences visible from the site that positively contribute to the streetscape

- provide for facilities in the street frontage area such as mail boxes.

The proposal does not involve a front fence to Telopea Way for proposed Dwellings 1 and 2 or the medical centre. Front fencing does not feature in this streetscape.

Visual Bulk

The DCP sets the following Planning Outcome in regard to Visual Bulk:

· Built form accords with the desired neighbourhood character of the area with:

- side and rear setbacks progressively increased to reduce bulk and overshadowing

- site coverage that retains the relatively low density landscaped character of residential areas

- building form and siting that relates to landform, with minimal land shaping (cut and fill)

- building height at the street frontage that maintains a comparable scale with the predominant adjacent development form

- building to the boundary where appropriate.

In consideration of the DCP Guidelines, the proposal is satisfactory as follows:

· Proposed Dwellings 1-9 will be contained within the DCP-prescribed visual bulk envelope (VBE) plane when projected from the external and proposed internal lot boundaries.

· The medical centre will encroach within the VBE plane when projected from the northern (side) and eastern (rear) boundaries of proposed Lot 201. Visual encroachment impacts for adjoining proposed Dwellings 1, 6 and 8 are not anticipated, due to the separation provided by the private community roadway.

· Proposed Dwellings 1-9 will not exceed the maximum 60% site coverage prescribed in the DCP for single dwellings:

Proposed Lot	Dwelling/Footprint (m²)	Lot Area (m²)	Site Coverage (%)
203	Dwelling 1 – 189.5	398.7	47.5
204	Dwelling 2 – 191.4	398.7	47.5
2	Dwelling 3 – 187.8	382	49.2
3	Dwelling 4 – 187.8	382	49.2
4	Dwelling 5 – 187.8	510.2	36.8
5	Dwelling 6 – 174.4	326.4	53.4
6	Dwelling 7 – 174.4	356.6	49.0
7	Dwelling 8 – 175.4	334.4	52.2
8	Dwelling 9 – 174.7	375.9	46.5

· The proposed medical centre will comprise a footprint of some 540m². Based on proposed site area of Lot 201 of 1478.7m², the development will have site coverage of some 36% in compliance with the maximum 50% prescribed in the DCP.

· The proposed dwellings will be single-storey with reasonable setbacks from proposed side and rear boundaries. The dwellings will complement the bulk, height and scale of typical residential development in the Waratah subdivision.

· The bulk and massing of the proposed medical centre will complement that of the North Orange Shopping Centre precinct opposite the site.

· Negligible earthworks and land shaping will be required in conjunction with the proposed development. Finished levels will relate to natural surface levels.

Walls and Boundaries

The DCP sets the following Planning Outcome in regard to Walls and Boundaries:

· Building to the boundary is undertaken to provide for efficient use of the site taking into account:

- the privacy of neighbouring dwellings and private open space

- the access to daylight reaching adjoining properties

- the impact of boundary walls on neighbours.

The proposal does not involve the construction of buildings on the boundary. As outlined in this report, the site layout and building design will not impact on adjoining dwellings in respect of privacy, solar access or visual bulk.

Daylight and Sunlight

The DCP sets the following Planning Outcome in regard to Daylight and Sunlight:

· Buildings are sited and designed to ensure:

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

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

- consideration of Council’s Energy Efficiency Code.

Shadow diagrams have been prepared in support of the proposed development. In consideration of the DCP Guidelines, the proposal is considered to be satisfactory as outlined below.

Solar Access to Private Open Space

According to the DCP Guidelines and Council’s Energy Smart Homes Code, sunlight is to be available to at least 40% of required open space for dwellings within the development and on neighbouring properties for at least three hours between 9am and 3pm.

The proposed development is considered satisfactory due to the following:

· The shadow diagrams demonstrated that sunlight will be available to the prescribed minimum open space areas for the proposed dwellings for at least three hours between 9am and 3pm on the winter solstice:

Dwelling	GFA (m²)	POS Required (m²)	Unshaded POS Required (m²)	Solar access to POS- performance in min. 3 hour period	Compliance
1	124.9	62.5	25.0	25.3 10.30am -1.30pm	Yes
2	124.9	62.5	25.0	25.2 10.30am – 1.30pm	Yes
3	136.2	68.1	27.2	47.5 10.30am – 1.30pm	Yes
4	136.2	68.1	27.2	47.5 10.30am – 1.30pm	Yes
5	136.2	68.1	27.2	48.2 10.30am – 1.30pm	Yes
6	122.2	61.1	24.4	32.7 10.30am – 1.30pm	Yes
7	122.2	61.1	24.4	36.1 10.30am – 1.30pm	Yes
8	122.2	61.1	24.4	25.9 10.00am – 1.00pm	Yes
9	122.2	61.1	24.4	30.0 11.00am – 2.00pm	Yes

· The proposed development will not adversely shadow the private open space for the approved dwellings on the adjoining eastern parcel (pursuant to DA 4/2005(1)). Shadows cast by proposed Dwellings 5, 7 and 9 will not extend beyond the perimeter fence shadow between 9am and 1pm. As such, more than three hours of on-ground solar access will be maintained for the approved eastern dwellings, consistent with the DCP guidelines.

· Shadows to the adjoining vacant parcel to the south will mainly relate to perimeter fencing. Overshadowing caused by the development is not expected to unreasonably impact on the future use of the adjoining southern parcel.

· Shadows cast by the proposed medical centre will be contained within vehicle areas in the development (the medical centre car park to the south, and private roadway to the east). The medical centre will have nil impact on solar access to private open space areas within and adjoining the development site.

Solar Access to Northern Windows

According to the DCP Guidelines and Council’s Energy Efficiency Code, sunlight is to be provided to at least 75% of north-facing living area windows within the development and on adjoining land for a minimum of four hours on 21 June; or not further reduced than existing where already less.

The proposed development is considered satisfactory due to the following:

· Sunlight will be provided to north-facing living area windows for proposed Dwellings 1, 2, 3, 4, 5 and 7 in excess of the DCP guidelines.

· It is noted that north-facing dining room windows for Dwellings 3, 4 and 5 will be shaded by the adjacent alfresco roof. This arrangement is considered acceptable, however, as the open plan space also contains a generous and uncovered living area window. The applicant submits that:

‘to remove the alfresco simply to meet the numeric requirement of the DCP would diminish the amenity of the dwelling in other respects. The alfresco provides an outdoor living opportunity that will enhance the amenity of the dwelling by providing shade in summer, shelter in winter and weather protection in general.’

No objection is raised to this arrangement. While Council has required the installation of skylights to habitable windows shaded by awnings or similar, skylights are not required for Dwellings 3, 4 and 5 due to the adjacent uncovered living area window.

· In respect of Dwelling 6, sunlight will be provided to >90% of north-facing glazing between 9am and 12 noon; and >50% between 12 noon and 1pm. This is considered a minor variation on the DCP requirement and will provide acceptable solar access to the Dwelling 6 living room.

· Sunlight will be provided to north-facing living area windows for proposed Dwellings 8 and 9, consistent with the DCP guidelines. The north-facing habitable spaces for Dwellings 8 and 9 comprise a separate lounge room. The open plan living/ dining/kitchen zone is located to the rear (south) of the dwelling and will not have access to northern sunlight. However, additional sunlight will be provided to open plan living areas in the morning for Dwelling 8 and afternoon for Dwelling 9.

· The proposed development will not reduce solar access to north-facing windows for the approved dwellings to the east.

· As outlined above, shadows to the adjoining vacant parcel to the south will mainly relate to perimeter fencing. Overshadowing caused by the development is not expected to unreasonably impact on the future use of the adjoining southern parcel.

Views

The DCP sets the following Planning Outcomes in regard to Views:

· Building form and design allow for residents from adjacent properties to share prominent views where possible.

· Views including vistas of heritage items or landmarks are not substantially affected by the bulk and scale of the new development.

The valued view corridor to the southwest towards Mount Canobolas and the Orange Botanic Gardens is already disrupted by the North Orange Shopping Centre buildings. The proposed dwellings will not unreasonably diminish views for adjoining residential properties in the vicinity of the development site.

Visual Privacy

The DCP sets the following Planning Outcome in regard to Visual Privacy:

· Direct overlooking of principal living areas and private open spaces of other dwellings is minimised firstly by:

- building siting and layout

- location of windows and balconies

and secondly by:

- design of windows or use of screening devices and landscaping.

Acceptable visual privacy will be achieved within the development and for dwellings on adjoining land, as follows:

· The proposed medical centre will not have windows or public spaces along the northern (side) and eastern (rear) elevations adjacent to the proposed dwellings. Further, the internal private roadway will provide separation between the opposing landuses. This interface will reduce the potential for adverse privacy impacts.

· The residential site layout and building design will minimise the potential for overlooking from adjoining dwellings. The orientation of living spaces, window placement and configuration, setbacks from boundaries, fencing and landscaping will assist to maintain visual privacy.

· Internal and external living spaces for the proposed dwellings will be oriented to the rear and will not be directly opposing.

· The interface between private open spaces will be modest, and typical to a medium density residential development.

· Perimeter and internal fencing will be installed.

· The front door and garage for each dwelling will be oriented to ensure privacy for residents when arriving and departing the dwellings.

· Finished floor levels for the dwellings will relate to natural ground level, and assist to maintain visual privacy.

Acoustic Privacy

The DCP sets the following Planning Outcome in regard to Acoustic Privacy:

· Site layout and building design:

- protect habitable rooms from excessively high levels of external noise

- minimise the entry of external noise to private open space for dwellings close to major noise sources

- minimise transmission of sound through a building to affect other dwellings.

The layout and building design for the proposed dwellings are typical of adjacent North Orange residential neighbourhoods. Adverse acoustic impacts are not anticipated for the proposed dwellings within the development, nor those on adjoining lands as a consequence of the proposal.

In respect of the siting of the medical centre adjacent to proposed Dwelling 8, Council’s Environmental Health and Building Surveyor advised as follows:

The proposed medical centre is not likely to cause any acoustic issues for the proposed dwellings as it is generally a quiet type of land use. The dwelling closest to the medical centre carpark does not have any living areas adjacent and will be separated by a fence which will provide a reasonable level of attenuation.

Hours of operation for the proposed medical centre are consistent with day time operating hours pursuant to the NSW Industrial Noise Policy. Operating hours are considered to be acceptable and will coincide with those at the North Orange Shopping Centre.

Security

The DCP sets the following Planning Outcomes in regard to Security:

· The site layout enhances personal safety and minimises the potential for crime, vandalism and fear.

· The design of dwellings enables residents to survey streets, communal areas and approaches to dwelling entrances.

The proposal development is considered satisfactory in terms in surveillance, territorial enforcement and access control as follows:

· Clear sightlines will be available between building frontages to public areas and vehicle areas.

· The site and buildings will be externally illuminated.

· The landscape design will limit opportunities to conceal potential offenders.

· Perimeter and internal fencing will be installed.

· The buildings will have windows that address Telopea Way or private roadway.

· Internal access will be provided from the garage into the dwellings.

· General maintenance of the site and buildings.

Circulation and Design

The DCP sets the following Planning Outcome in regard to Circulation and Design:

· Accessways and parking areas are designed to manage stormwater

· Accessways, driveways and open parking areas are suitably landscaped to enhance amenity while providing security and accessibility to residents and visitors

· The site layout allows people with a disability to travel to and within the site between car parks, buildings and communal open space.

The proposed development is considered suitable in respect of the planning outcomes:

· Conditions are recommended in relation to stormwater management for the proposed development.

· Direct vehicular access will be provided to Telopea Way for proposed Dwellings 1 and 2 via separate vehicle crossings and driveways. Reverse egress to the street will be consistent with manoeuvring arrangements for single dwellings in residential areas.

· Access to proposed Dwellings 3-9 will be via a shared private roadway. Sufficient manoeuvring area will be available within the private roadway to permit a reverse manoeuvre from the garages, onsite turning and forward egress to the access arm and Telopea Way.

· Separate access will be provided to the medical centre via Telopea Way. The carpark access will permit two-way passing at the street frontage. Sufficient manoeuvring area will be available in the car park to accommodate a B99 vehicle.

· The site layout will accommodate manoeuvring of a medium rigid vehicle 8.8m in length. A service vehicle of this size is suitable for the residential component of the development.

· Driveway areas will be landscaped to provide softening of hardstand area.

Car Parking

The DCP sets the following Planning Outcomes in regard to Car Parking:

· Parking facilities are provided, designed and located to:

- enable the efficient and convenient use of car spaces and accessways within the site

- reduce the visual dominance of car parking areas and accessways.

· Car parking is provided with regard to the:

- the number and size of proposed dwellings

- requirements of people with limited mobility or disabilities.

Pursuant to DCP 2004, onsite parking is to be provided for 3br+ dwellings at a rate of 1.5 spaces per dwelling and 0.2 visitor spaces per dwelling. Two (2) garaged spaces per dwelling will be provided for Dwellings 1-9; and two (2) visitor parking spaces will be provided in Community Lot 1, consistent with the DCP requirements.

Consistent with Council’s practice, onsite parking is to be provided for medical centres at a rate of 1 space per 40m² gross floor area (GFA). Based on GFA of 520.9m², 13 parking spaces are required. Consistent with this requirement, 18 onsite parking spaces will be provided in the medical centre carpark.

Private Open Space

The DCP sets the following Planning Outcomes in regard to Private Open Space:

· Private open space is clearly defined for private use.

· Private open space areas are of a size, shape and slope to suit the reasonable requirements of residents including some outdoor recreational needs and service functions.

· Private open space is:

- capable of being an extension of the dwelling for outdoor living, entertainment and recreation

- accessible from a living area of the dwelling

- located to take advantage of outlooks; and to reduce adverse impacts of overshadowing or privacy from adjoining buildings

- orientated to optimise year round use.

Private open space for the proposed dwellings will comply with the DCP Guidelines in respect of minimum area, dimension, orientation, solar access and connectivity:

· The following table demonstrates that each of the proposed dwellings is provided with open space that complies with the minimum requirement in terms of area:

Dwelling	Living Area (ex. Garage, porches, patios etc) (m²)	Private Open Space Required by DCP (m²)	Private Open Space Provided (m²)	Compliance
1	124.9	62.5	89.2	Yes
2	124.9	62.5	84.7	Yes
3	136.2	68.1	90	Yes
4	136.2	68.1	90	Yes
5	136.2	68.1	91.3	Yes
6	122.2	61.1	61.8	Yes
7	122.2	61.1	82.2	Yes
8	122.2	61.1	99.9	Yes
9	122.2	61.1	99.5	Yes

· Private open space for each dwelling will have a minimum dimension of 3m.

· The private yards can accommodate an area of 5m x 5m.

· The nominated 5m x 5m open space areas will be of negligible slope and will achieve a high standard of amenity and functionality.

· Open space for the dwellings will be located behind the building line and be provided with a northerly aspect.

· As outlined previously, the solar access to each area of private open space on the winter solstice is considered satisfactory.

Open Space and Landscaping

The DCP sets the following Planning Outcomes in regard to Open Space and Landscaping:

· The site layout provides open space and landscaped areas which:

- contribute to the character of the development by providing buildings in a landscaped setting

- provide for a range of uses and activities including stormwater management

- allow cost effective management.

· The landscape design specifies landscape themes consistent with the desired neighbourhood character; vegetation types and location, paving and lighting provided for access and security.

· Major existing trees are retained and protected in a viable condition whenever practicable through appropriate siting of buildings, accessways and parking areas.

· Paving is applied sparingly and integrated in the landscape design.

A landscape plan has been submitted in support of the proposal. The proposed landscaping scheme will provide integration of the dwellings and medical centre in the Telopea Way streetscape and softening of hardstand driveways. The proposed plantings are appropriate to the Orange area and incorporate trees and shrubs.

Stormwater

The DCP sets the following Planning Outcomes in regard to Stormwater:

· Onsite drainage systems are designed to consider:

- downstream capacity and need for on-site retention, detention and re-use

- scope for on-site infiltration of water

- safety and convenience of pedestrians and vehicles

- overland flowpaths.

· Provision is made for onsite drainage which does not cause damage or nuisance flows to adjoining properties.

Conditions are recommended in relation to stormwater management of the site.

Erosion and Sedimentation

The DCP sets the following Planning Outcome in regard to Erosion and Sedimentation:

· Measures implemented during construction to ensure that the landform is stabilised and erosion is controlled.

An erosion and sediment control plan will be required in conjunction with the engineering design plans for the development. A condition is recommended in relation to this matter.

DEVELOPMENT CONTRIBUTIONS PLAN 2015

Development contributions are applicable to the proposed development pursuant to Orange Development Contributions Plan 2015.

The contributions applying to Stage 1 (Torrens subdivision to create proposed Lots 201-204) in the Waratah urban release area will be levied as follows:

Open Space and Recreation	3 additional lots @ $3,346.33	10,038.99
Community and Cultural	3 additional lots @ $673.97	2,021.91
Roads and Cycleways	3 additional lots @ $5,163.01	15,489.03
Stormwater Drainage	-
Local Area Facilities	3 additional lots @ $10,235.57	30,706.71
Plan Preparation & Administration	3 additional lots @ $581.12	1,743.36
TOTAL:		$60,000.00

The contributions applying to Stage 2 (Community subdivision to create proposed Lots 1‑8) in the Waratah urban release area will be levied as follows:

Open Space and Recreation	6 additional residential lots @ $3,346.33	20,077.98
Community and Cultural	6 additional residential lots @ $673.97	4,043.82
Roads and Cycleways	6 additional residential lots @ $5,163.01	30,978.06
Stormwater Drainage	-
Local Area Facilities	6 additional residential lots @ $10,235.57	61,413.42
Plan Preparation & Administration	6 additional residential lots @ $581.12	3,486.72
TOTAL:		$120,000.00

Conditions are recommended requiring payment of the applicable development contributions.

SECTION 64 WATER AND SEWER HEADWORKS CHARGES

Section 64 water and sewer headwork charges are applicable to the proposed development.

The contributions for water, sewer and drainage works applying to Stage 1 (Torrens subdivision to create proposed Lots 201-204) are based on 3 ETs for water supply headworks and sewerage headworks.

The contributions for water, sewer and drainage works applying to Stage 2 (Community subdivision to create proposed Lots 1-8) are based on 6 ETs for water supply headworks and sewerage headworks.

Conditions are recommended requiring payment of contributions prior to issue of a Subdivision Certificate for the relevant development stage.

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

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 93)

The proposal does not involve a change of building use for an existing building.

Buildings to be Upgraded (clause 94)

The proposal does not involve the rebuilding, alteration, enlargement or extension of an existing building.

BASIX Commitments (clause 97A)

BASIX Certificates were submitted in support of proposed Dwellings 1-9. The dwellings will comply with the provisions of BASIX in respect of water, thermal comfort and energy.

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

Visual Impacts

The visual impacts of proposed Dwellings 1-9 are considered suitable in this setting, as outlined in this report.

Visual impacts associated with the proposed medical centre are satisfactory, as follows:

· The building design and detailing will complement the built from in the North Orange Shopping Centre complex.

· The proposed medical centre will make a positive contribution to the streetscape. The building will take a modern rectilinear design with skillion roof profile, parapet to front and side elevations, defined entry portal and symmetrical openings.

· The building will not conflict with or dominate adjoining residential elements:

- bulk, massing and height will be of a residential scale

- the building will be separated from adjoining dwellings by vehicle areas (car park to the south and private roadway to the north)

- the front setback to Telopea Way will be consistent with that of proposed Dwellings 1 and 2

- the landscape design to Telopea Way will complement plantings for adjoining Dwellings 1 and 2

Neighbourhood Amenity

The proposed development will not have adverse impacts on neighbourhood amenity due to the following:

· The proposed medical centre and dwellings are considered appropriate landuses in this spatial setting and will complement mixed use development in the vicinity.

· The medical centre will complement and reinforce the neighbourhood centre opposite the site and adjacent service facilities (child care centres).

· The proposed dwellings will complement the density of the approved medium density housing development on the adjoining land to the east.

· As outlined in this report, the development will not adversely impact on amenity for dwellings within the development and adjoining the site in respect of noise, light, privacy, visual bulk etc.

Traffic Impacts

The proposal is considered to be satisfactory in terms of traffic impacts due to the following:

· The capacity of the local road network is sufficient to accommodate additional localised traffic generated by the development.

· The proposed access and manoeuvring arrangements for the medical centre and community Dwellings 3-9 will allow for forward direction ingress and egress to Telopea Way for all private and service vehicles associated with the site.

· Adequate sight lines will be maintained in Telopea Way to prevent vehicle conflicts when entering or exiting the site.

· Access points for the development will not conflict with accesses for the North Orange Shopping Centre opposite the site.

· Parking resources for the development will be consistent with DCP 2004 and will assist to maintain traffic amenity along Telopea Way

Cumulative Impacts

The development will contribute to the diversity of commercial/service landuses and housing forms in the precinct in a manner that is consistent with the neighbourhood character.

Environmental Impacts

The subject land is contained within a developing residential precinct and comprises vacant, cleared land. Significant vegetation, threatened species or ecological endangered communities or their habitats are unlikely to be present. The site is not in proximity to any waterway, drinking water catchment or sensitive area. Sediment control measures, as required by conditions, will prevent loose dirt and sediment escaping the site and polluting downstream waterways. The development does not involve processes or activities that would impact on air or water quality.

In respect of waste management for the medical centre, waste will be disposed of via Council’s kerbside waste collection and recycling services; clinical waste will be stored within the building in appropriate receptacles and collected by approved contractors. Where applicable, the applicant shall enter into a Trade Waste Contract with Council.

In regard to the residential development, garbage and recycling bins for Dwellings 1 and 2 will be placed kerbside for Council’s collection. A bin bay/waste storage facility for Dwellings 3‑9 will be provided in the private roadway. Garbage and recycling bins will be placed in the bin bay on collection days only and stored in community lots at other times.

Adverse environmental impacts are not anticipated as a result of the proposal.

Social and Economic Effects

The proposed development is unlikely to generate a negative social or economic impact within the locality. The proposed medical centre will enhance health care services within the City, generate employment opportunities during and post construction, and complement and enhance the role of Orange as a major regional business and service centre.

The proponent submits that the proposed residential development will have beneficial social and economic impacts due to the following:

· A variation in housing forms and choices is encouraged in the general aims of Orange LEP 2011 and the objectives of the R1 Zone; and

· The proposed development responds to the general planning principle which encourages the location of medium density housing in close proximity to shopping, recreation, community and medical facilities.

Council officers concur with this assessment.

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

The subject land is suitable for the development due to the following:

· Medical centre and dwellings are permitted landuses in the R1 zone.

· The development site is contained within a mixed use precinct.

· The site is of sufficient area and dimensions to accommodate a medical centre and dwellings, and provide a high standard of residential amenity for proposed and adjoining dwellings.

· The site topography is relatively level, with minor earthworks required.

· There is no known contamination on the land.

· All utility services are available and adequate.

· The site is not subject to natural hazards.

· The subject land has no biodiversity or habitat value.

· The site is not in proximity to any waterway, drinking water catchment or sensitive area.

· The site is not known to contain any Aboriginal, European or archaeological relics.

· The site has direct frontage and access to a public road.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

The proposed development comprises "advertised development" pursuant to DCP 2004‑5.3. The application was advertised for the prescribed period of 14 days. At the conclusion of the exhibition period no submissions had been received.

PUBLIC INTEREST s79C(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. The proposal is not inconsistent with any relevant policy statements, planning studies, guidelines etc that have not been considered in this assessment.

SUMMARY

The proposed development is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of the LEP. A section 79C assessment of the development indicates that the development is acceptable in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

COMMENTS

The requirements of the Environmental Health and Building Surveyor and the Engineering Development Section are included in the attached Notice of Approval.

Attachments

1 Notice of Approval, D17/34274 ⇩

Council Meeting 22 June 2017

5.7 Development Application DA 53/2017(1) - 30 Telopea Way

Attachment 1 Notice of Approval

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

Development Application No DA 53/2017(1)

NA17/ Container PR27086

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

Development Application
Applicant Name:	Orange North Pty Ltd
Applicant Address:	C/- Peter Basha Planning & Development PO Box 1827 ORANGE NSW 2800
Owner’s Name:	Orange North Pty Ltd
Land to Be Developed:	Lot 16 DP 1210246 - 30 Telopea Way, Orange
Proposed Development:	Subdivision (four lot Torrens title), Subdivision (eight lot Community Title), Dwelling Houses (nine) and Medical Centre

Building Code of Australia building classification:	To be determined by the PCA

Determination
Made On:	22 June 2017
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	23 June 2017
Consent to Lapse On:	23 June 2022

Terms of Approval

The reasons for the imposition of conditions are:

(1) To ensure compliance with relevant statutory requirements.

(2) To provide adequate public health and safety measures.

(3) To maintain neighbourhood amenity and character.

(4) Because the development will require the provision of, or increase the demand for, public amenities and services.

(5) To ensure the utility services are available to the site and adequate for the development.

(6) To prevent the proposed development having a detrimental effect on adjoining land uses.

(7) To minimise the impact of development on the environment.

Conditions

(1) The development must be carried out in accordance with:

(a) Plans by Peter Basha Planning & Development Ref. 16038D1 - Figures 3-5 (3 sheets)

Plans by Bassmann Drafting Services - Job No. 16-106 - Drawing Nos. DA01(C), DA02(B), DA3, 04, 05, 06(A), 07(A), 08, 09(A), 10, 11(A), 12, 13(A), 14, 15(A), 16, 17(A), 18, 19(A), 20, 21 (21 sheets)

(b) statements of environmental effects or other similar associated documents that form part of the approval

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

(2) All building work must be carried out in accordance with the provisions of the Building Code of Australia.

(3) A sign is to be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.

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

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

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

(i) the name and the licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

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

(i) the name of the owner-builder, and

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

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

(6) Where any excavation work on the site extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and

(b) where necessary, underpin the adjoining premises to prevent any such damage.

Note: This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to this condition not applying.

FOUR LOT TORRENS TITLE SUBDIVISION

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(7) Engineering plans, showing details of all proposed work and adhering to any engineering conditions of development consent, are to be submitted to, and approved by, Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.

(8) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

(9) Proposed lots 201 to 204 are to be provided with interlot stormwater drainage, including those lots abutting public land, where the surface of the entire lot cannot be drained to the kerb and gutter at the lot frontage. A grated concrete stormwater pit is to be constructed within each lot provided with interlot stormwater drainage. Engineering plans for this drainage system are to be approved by Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.

(10) A 150mm-diameter sewer main is to be constructed from Council’s existing mains to serve each of the proposed lots. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council.

PRIOR TO WORKS COMMENCING

(11) A Construction Certificate application is required to be submitted to, and issued by Council/Accredited Certifier prior to any works being carried out onsite.

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

DURING CONSTRUCTION/SITEWORKS

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

(14) The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing all the lots from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

(15) Dual water and sewerage reticulation is to be provided to every lot in the proposed subdivision in accordance with the Orange City Council Development and Subdivision Code.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

(16) Application shall be made for a Subdivision Certificate under Section 109(C)(1)(d) of the Act.

(17) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 3 ETs for water supply headworks and 3 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

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

(18) The payment of $60,000.00 is to be made to Council in accordance with section 94 of the Act and the Orange Development Contributions Plan 2015 (Waratah Urban Release Area) towards the provision of the following public facilities:

Open Space and Recreation	3 additional lots @ $3,346.33	10,038.99
Community and Cultural	3 additional lots @ $673.97	2,021.91
Roads and Cycleways	3 additional lots @ $5,163.01	15,489.03
Stormwater Drainage	-
Local Area Facilities	3 additional lots @ $10,235.57	30,706.71
Plan Preparation & Administration	3 additional lots @ $581.12	1,743.36
TOTAL:		$60,000.00

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2015 (Waratah Urban Release Area). This Plan can be inspected at the Orange Civic Centre, Byng Street, Orange.

(19) Application is to be made to Telstra/NBN for infrastructure to be made available to each individual lot within the development. Either a Telecommunications Infrastructure Provisioning Confirmation or Certificate of Practical Completion is to be submitted to the Principal Certifying Authority confirming that the specified lots have been declared ready for service prior to the issue of a Subdivision Certificate.

(20) A Notice of Arrangement from Essential Energy stating arrangements have been made for the provision of electricity supply to the development, is to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate.

(21) An easement to drain sewage and to provide Council access for maintenance of sewerage works a minimum of 2.0 metres wide is to be created over the proposed sewerage works. The Principal Certifying Authority is to certify that the easement is in accordance with the Orange City Council Development and Subdivision Code prior to the issuing of a Subdivision Certificate.

(22) All services are to be contained within the allotment that they serve. A Statement of Compliance, from a Registered Surveyor, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(23) Where stormwater crosses land outside the lot it favours, an easement to drain water is to be created over the works. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1979 is to be created on the title of the proposed Lot requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the interlot drainage system. The minimum width of the easement is to be as required in the Orange City Council Development and Subdivision Code.

(24) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(25) No Stopping signs are to be installed along the eastern side of Telopea Way from the northern boundary of the development to the existing No Stopping sign located 10m from the Farrell Road intersection. The No Stopping signs are to be placed appropriately to suit the proposed driveways and be no more than 20m apart. The existing No Stopping sign at the intersection with Farrell Road is to be changed to include a double-headed arrow.

(26) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation or Subdivision Certificate, unless stated otherwise.

EIGHT LOT COMMUNITY TITLE SUBDIVISION

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(27) Engineering plans, showing details of all proposed work and adhering to any engineering conditions of development consent, are to be submitted to, and approved by, Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.

(28) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

(29) Proposed lots are to be provided with interlot stormwater drainage, including those lots abutting public land, where the surface of the entire lot cannot be drained to the kerb and gutter at the lot frontage. A grated stormwater pit is to be constructed within each lot provided with interlot stormwater drainage. Engineering plans for this drainage system are to be approved by Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.

(30) A 150mm-diameter sewer main is to be constructed from Council’s existing main to serve the proposed lots. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council.

(31) A fire hydrant and domestic water services are to be located in the common driveway area. Engineering plans are to be submitted to Orange City Council for approval prior to the issuing of a Construction Certificate.

(32) Engineering plans providing complete details of the proposed driveway and car-parking areas is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and be in accordance with the Orange City Council Development and Subdivision Code.

PRIOR TO WORKS COMMENCING

(33) A Construction Certificate application is required to be submitted to, and issued by Council/Accredited Certifier prior to any works being carried out onsite.

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

DURING CONSTRUCTION/SITEWORKS

(35) The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.

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

(37) A 7.0m wide heavy-duty concrete kerb and gutter layback and footpath crossing is to be constructed in the position shown on the plan submitted with the Construction Certificate application. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code.

(38) Dual water and sewerage reticulation is to be provided to every lot in the proposed residential subdivision in accordance with the Orange City Council Development and Subdivision Code.

(39) All services are to be contained within the allotment that they serve.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

(40) The payment of $120,000.00 is to be made to Council in accordance with section 94 of the Act and the Orange Development Contributions Plan 2015 (Waratah Urban Release Area) towards the provision of the following public facilities:

Open Space and Recreation	6 additional residential lots @ $3,346.33	20,077.98
Community and Cultural	6 additional residential lots @ $673.97	4,043.82
Roads and Cycleways	6 additional residential lots @ $5,163.01	30,978.06
Stormwater Drainage	-
Local Area Facilities	6 additional residential lots @ $10,235.57	61,413.42
Plan Preparation & Administration	6 additional residential lots @ $581.12	3,486.72
TOTAL:		$120,000.00

(41) Application shall be made for a Subdivision Certificate under Section 109(C)(1)(d) of the Act.

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

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

(43) Application is to be made to Telstra/NBN for infrastructure to be made available to each individual lot within the development. Either a Telecommunications Infrastructure Provisioning Confirmation or Certificate of Practical Completion is to be submitted to the Principal Certifying Authority confirming that the specified lots have been declared ready for service prior to the issue of a Subdivision Certificate.

(44) A Notice of Arrangement from Essential Energy stating arrangements have been made for the provision of electricity supply to the development, is to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate.

(45) An easement to drain sewage and to provide Council access for maintenance of sewerage works a minimum of 2.0 metres wide is to be created over the proposed sewerage works. The Principal Certifying Authority is to certify that the easement is in accordance with the Orange City Council Development and Subdivision Code prior to the issuing of a Subdivision Certificate.

(46) All services are to be contained within the allotment that they serve. A Statement of Compliance, from a Registered Surveyor, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

(47) Where stormwater crosses land outside the lot it favours, an easement to drain water is to be created over the works. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1979 is to be created on the title of the proposed Lots requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the interlot drainage system. The minimum width of the easement is to be as required in the Orange City Council Development and Subdivision Code.

(48) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(49) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation or Subdivision Certificate, unless stated otherwise.

DWELLINGS

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(50) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for water, sewer and stormwater connection. No plumbing and drainage is to commence until approval is granted.

(51) The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

(52) Prior to the issue of a construction certificate evidence shall be provided that Lots 1 to 8 have been registered with NSW Land and Property Information.

PRIOR TO WORKS COMMENCING

(53) Where any existing fencing at the perimeter of the site needs to be removed, or is of a type which does not ensure the occupants of any adjoining residence adequate privacy, new fencing of the type shown on the approved development application plans, or as referred to elsewhere in this Notice, shall be erected prior to any building or construction work being carried out upon this development.

(54) A Construction Certificate application is required to be submitted to, and issued by Council/Accredited Certifier prior to any excavation or building works being carried out onsite.

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

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

DURING CONSTRUCTION/SITEWORKS

(57) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

(58) A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority prior to the pouring of the slab or footings.

(59) All construction works are to be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans.

(60) All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

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

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(62) A 1.8m high fence shall be provided around the perimeter of the development excluding the frontage. A 1.5m high fence shall be provided between each unit. The height of the fence shall be measured from the highest finished ground level adjacent to each part of that fence.

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

(64) A total of 2 visitor car parking spaces shall be provided upon the site in accordance with the approved plans, the provisions of Development Control Plan 2004, and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

(65) No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.

(66) Finished ground levels are to be graded away from the buildings and adjoining properties and must achieve natural drainage. The concentrated flows are to be dispersed down slope or collected and discharged to the stormwater drainage system.

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

(68) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation or Subdivision Certificate, unless stated otherwise.

MEDICAL CENTRE

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(69) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for water, sewer and stormwater connection. No plumbing and drainage is to commence until approval is granted.

(70) The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

(71) Prior to the issue of a construction certificate evidence shall be provided that Lot 201 has been registered with NSW Land and Property Information.

(72) Engineering plans providing complete details of the proposed driveway and car-parking areas is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and be in accordance with the Orange City Council Development and Subdivision Code.

(73) A Liquid Trade Waste Application is to be submitted to Orange City Council prior to the issuing of a Construction Certificate. The application is to be in accordance with Orange City Council’s Liquid Trade Waste Policy. Engineering plans submitted as part of the application are to show details of all proposed liquid trade waste pre-treatment systems and their connection to sewer.

Where applicable, the applicant is to enter into a Liquid Trade Waste Service Agreement with Orange City Council in accordance with the Orange City Council Liquid Trade Waste Policy.

(74) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 0.2 ETs for water supply headworks and 0.89 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

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

(75) Backflow Prevention Devices are to be installed to AS3500 and in accordance with Orange City Council Backflow Protection Guidelines. Details of the Backflow Prevention Devices are to be submitted to Orange City Council prior to the issuing of a Construction Certificate.

PRIOR TO WORKS COMMENCING

(76) A Construction Certificate application is required to be submitted to, and issued by Council/Accredited Certifier prior to any excavation or building works being carried out onsite.

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

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

DURING CONSTRUCTION/SITEWORKS

(79) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

(80) A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority prior to the pouring of the slab or footings.

(81) All construction works are to be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans.

(82) All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

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

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(84) Off-street car parking spaces shall be provided upon the site in accordance with the approved plans, and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

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

(86) No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.

(87) Finished ground levels are to be graded away from the buildings and adjoining properties and must achieve natural drainage. The concentrated flows are to be dispersed down slope or collected and discharged to the stormwater drainage system.

(88) The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

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

(90) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(91) Certificates for testable Backflow Prevention Devices are to be submitted to Orange City Council by a plumber with backflow qualifications prior to the issue of an Occupation Certificate.

(92) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation or Subdivision Certificate, unless stated otherwise.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(93) A separate development application shall be submitted to and approved by Council prior to the erection of any advertising structures or signs of a type that do not meet the exempt development provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(94) The hours of operation of the medical centre shall not exceed 7.00am to 7.00pm Monday to Friday; and 8.00am to 6.00pm weekends and public holidays without the prior approval of Council.

(95) No sandwich boards or the like are to be placed on Council's footpath.

(96) The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

Other Approvals

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

Nil

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

Nil

Right of Appeal

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

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

Disability Discrimination Act 1992:

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

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

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


Disclaimer - S88B Restrictions on the Use of Land:	The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS
Date:	23 June 2017

Council Meeting 22 June 2017

5.9 Strategic Policy Review

Attachment 2 Strategic Policy - ST010 - Code of Conduct attachment

ORANGE CITY

COUNCIL

Code of Conduct

TABLE OF CONTENTS

PART 1 INTRODUCTION.. 3

PART 2 PURPOSE OF THE CODE OF CONDUCT. 4

PART 3 GENERAL CONDUCT OBLIGATIONS. 4

PART 4 CONFLICT OF INTERESTS. 6

PART 5 PERSONAL BENEFIT. 9

PART 6 RELATIONSHIP BETWEEN COUNCIL OFFICIALS. 11

PART 7 ACCESS TO INFORMATION AND COUNCIL RESOURCES. 13

PART 8 MAINTAINING THE INTEGRITY OF THIS CODE. 15

PART 9 DEFINITIONS. 17

ATTACHMENT

Code of Conduct Acknowledgement of Receipt Form............................................................ 18

The Procedures for the Administration of the Code of Conduct is a separate document.

The Code of Conduct sets out the standards of behaviour expected of all Council officials.

PART 1 INTRODUCTION

Orange City Council’s Code of Conduct is made for the purposes of section 440 of the Local Government Act 1993 (“the Act”) and incorporates the requirements of the Office of Local Government Model Code of Conduct for Local Councils in NSW as amended in November 2015 and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – November 2015. As a requirement of the Local Government Act 1993, all new employees of Council shall be provided with a copy of this Code of Conduct and the Acknowledgement of Receipt Form is required to be signed and returned to the Human Resources Section.

Council is an elected body responsible for administration of its area in accordance with the applicable legislation. It must do that in the best interests of the local community, as well as the public in general.

Councillors, administrators, members of staff of Council, independent Conduct Reviewers, members of Council Committees including the Conduct Review Committee and delegates of the Council must comply with the applicable provisions of Council’s Code of Conduct in carrying out their functions as Council officials. It is the personal responsibility of Council officials to comply with the standards in the Code and regularly review their personal circumstances with this in mind.

Councillors have two distinct roles under the Local Government Act 1993: as a member of the governing body of the Council; and as an elected person. Councillors, as members of the governing body, should work as part of a team to make decisions and policies that guide the activities of the Council. The role as an elected person requires Councillors to represent the interests of the community and provide leadership.

The Code of Conduct sets the standard of conduct that is expected when Council officials exercise these roles.

Failure by a Councillor to comply with the standards of conduct prescribed under this Code constitutes misconduct for the purposes of the Act. The Act provides for a range of penalties that may be imposed on Councillors for misconduct, including suspension or disqualification from civic office.

Failure by a member of staff to comply with Council’s Code of Conduct may give rise to disciplinary action.

The Code does not override or affect the legislation applicable to Local Government.

Garry Styles

GENERAL MANAGER

PART 2 PURPOSE OF THE CODE OF CONDUCT

The Code of Conduct is based on the Code of Conduct for Local Councils in NSW, and sets the minimum requirements of conduct for Council officials in carrying out their functions. The Model Code is prescribed by regulation.

The Code of Conduct has been developed to assist Council officials to:

§ Understand the standards of conduct that are expected of them

§ Enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence (section 439)

§ Act in a way that enhances public confidence in the integrity of Local Government.

Council officials should be aware that the provisions of the Code of Conduct apply in full to situations where a Councillor or staff member, who identify themselves as associated with Orange City Council, make comment in traditional or social media.

PART 3 GENERAL CONDUCT OBLIGATIONS

General Conduct

3.1 You must not conduct yourself in carrying out your functions in a manner that is likely to bring Council or holders of Civic Office into disrepute. Specifically, you must not act in a way that:

a) Contravenes the Act, associated regulations, Council’s relevant administrative requirements and policies

b) is detrimental to the pursuit of the charter of Council

c) is improper or unethical

d) is an abuse of power or otherwise amounts to misconduct

e) causes, comprises or involves intimidation, harassment or verbal abuse

f) causes, comprises or involves discrimination, disadvantage or adverse treatment in relation to employment (Schedule 6A)

g) causes, comprises or involves prejudice in the provision of a service to the community (schedule 6A)

3.2 You must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out your functions under the Act or any other Act (section 439)

3.3 You must treat others with respect at all times.

Fairness and equity

3.4 You must consider issues consistently, promptly and fairly. You must deal with matters in accordance with established procedures, in a non-discriminatory manner.

3.5 You must take all relevant facts known to you or that you should be reasonably aware of, into consideration and have regard to the particular merits of each case. You must not take irrelevant matters or circumstances into consideration when making decisions.

Harassment and discrimination

3.6 You must not harass, discriminate against, or support others who harass and discriminate against colleagues or members of the public. This includes, but is not limited to harassment and discrimination on the grounds of sex, pregnancy, age, race, responsibilities as a carer, marital status, disability, homosexuality, transgender grounds or if a person has an infectious disease.

Development decisions

3.7 You must ensure that development decisions are properly made and that parties involved in the development process are dealt with fairly. You must avoid any occasion for suspicion of improper conduct in the development assessment process.

3.8 In determining development applications, you must ensure that no action, statement or communication between yourself and applicants or objectors conveys any suggestion of willingness to provide improper concessions or preferential treatment.

Binding caucus votes

3.9 You must not participate in binding caucus votes in relation to matters to be considered at a Council or Committee meeting

3.10 For the purpose of the clause 3.9, a binding caucus vote is a process whereby a group of Councillors are compelled by a threat of disciplinary or other adverse action to comply with a predetermined position on a matter before the Council or Committee irrespective of the personal views of individual members of the group on the merits of the matter before the Council or Committee.

3.11 Clause 3.9 does not prohibit Councillors from discussing a matter before the Council or Committee prior to considering the matter in question at a Council or Committee meeting or from voluntarily holding a shared view with other Councillors on the merits of a matter.

3.12 Clause 3.9 does not apply to a decision to elect the Mayor or Deputy Mayor or to nominate a person to be a member of a Council Committee.

Alcohol and other drugs

3.13 In carrying out your functions or official duties you must never be intoxicated by alcohol or be affected by drugs. To be so is an unsafe personal condition and is proven to be a hindrance in carrying out official duties. A person, so affected, cannot provide the high standard of service required. Such a person could also expose others to an unacceptable level of risk.

Customer Service - Dress Code

3.14 A corporate wear designed specifically for Orange City Council is available, and a subsidy is available from Council of 50%, up to an annual maximum as set in Council’s Delivery/Operational Plan.

All staff employed after June 1995 are required to wear the corporate uniform during working hours (excluding fixed term staff, and other staff as determined by the General Manager).

3.15 Shoes must be kept clean. Classic style is preferable and colour in keeping with uniform tones.

3.16 Clothing should be laundered or dry cleaned and neatly pressed regularly.

3.17 Staff should present themselves in a neat and clean manner at all times.

3.18 Name badges are to be worn during working hours.

Health, wellbeing and safety

3.19 Councillors and Council staff should ensure that Council’s premises are adequate to ensure the health, safety and wellbeing of other Council officials and members of the public in accordance with their obligations under the Work Health and Safety Act 2011.

PART 4 CONFLICT OF INTERESTS

4.1 A conflict of interests exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty.

4.2 You must avoid or appropriately manage any conflict of interests. The onus is on you to identify a conflict of interests and take the appropriate action to manage the conflict in favour of your public duty.

4.3 Any conflict of interests must be managed to uphold the probity of Council decision-making. When considering whether or not you have a conflict of interests, it is always important to think about how others would view your situation.

4.4 Private interest can be of two types: pecuniary and non-pecuniary.

What is a pecuniary interest?

4.5 A pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person (section 442).

4.6 A person will also be taken to have a pecuniary interest in a matter if that person’s spouse or de facto partner or relative of the partner or a partner or employer of the person, or a company or other body of which the person, or a nominee, partner or employer of the person is a member, has a pecuniary interest in the matter (section 443).

4.7 Pecuniary interests are regulated by Chapter 14, Part 2 of the Act. The Act requires that:

a) Councillors and designated persons lodge an initial and an annual written disclosure of interests that could potentially be in conflict with their public or professional duties (section 449)

b) Councillors and members of Council Committees disclose an interest and the nature of that interest at a meeting, leave the meeting and be out of sight of the meeting and not participate in discussions or voting on the matter (section 451)

c) designated persons immediately declare, in writing, and pecuniary interest (section 459)

4.8 Designated persons are defined at section 441 of the Act, and include, but are not limited to, the General Manager and other senior staff of Council.

4.9 Where you are a member of staff of Council, other than a designated person (as defined in section 441), you must disclose in writing to your supervisor or the General Manager, the nature of any pecuniary interest you have in a matter you are dealing with as soon as practicable.

What are non-pecuniary interests?

4.10 Non-pecuniary interests are private or personal interests the Council official has that do not amount to a pecuniary interest as defined in the Act. These commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

4.11 The political views of a Councillor do not constitute a private interest.

Managing non-pecuniary conflict of interests

4.12 Where you have a non-pecuniary interest that conflicts with your public duty, you must disclose the interest fully and in writing, even if the conflict is not significant, you must do this as soon as practicable.

4.13 If a disclosure is made at a Council or Committee meeting, both the disclosure and the nature of the interest must be recorded on the minutes. This disclosure constitutes disclosure in writing for the purpose of Clause 4.2.

4.14 How you manage a non-pecuniary conflict of interests will depend on whether or not it is significant.

4.15 As a general rule, a non-pecuniary conflict of interests will be significant where a matter does not raise a pecuniary interest but it involves:

a) a relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse, current or former spouse or partner, de facto or other person living in the same household

b) other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship

c) an affiliation between the Council official and an organisation, sporting body, club, corporation or association that is particularly strong.

4.16 If you are a Council official, other than a member of staff of Council, and you have disclosed that a significant non-pecuniary conflict of interests exists, you must manage it in one of two ways:

a) remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official

b) have no involvement in the matter, by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply.

4.17 If you determine that a non-pecuniary conflict of interests is less than significant and does not require further action, you must provide an explanation of why you consider that the conflict does not require further action in the circumstances.

4.18 If you are a member of staff of Council, the decision on which option should be taken to manage a non-pecuniary conflict of interests must be made in consultation with your manager.

4.19 Despite clause 4.16(b), a Councillor who has disclosed that a significant non-pecuniary conflict of interests exists may participate in a decision to delegate Council’s decision-making role to Council staff through the General Manager, or appoint another person or body to make the decision in accordance with the law. This applies whether or not Council would be deprived of a quorum if one or more Councillors were to manage their conflict of interests by not voting on a matter in accordance with clause 4.16(b) above.

Reportable political donations

4.20 Councillors should note that matters before Council involving political or campaign donors may give rise to a non-pecuniary conflict of interests.

4.21 Where a Councillor has received or knowingly benefitted from a reportable political donation:

a) made by a major political donor in the previous four years, and

b) where the major political donor has a matter before Council,

then the Councillor must declare a non-pecuniary conflict of interests, disclose the nature of the interest, and manage the conflict of interests in accordance with clause 4.16(b).

4.22 For the purpose of this Part:

a) a “reportable political donation” is a “reportable political donation” for the purposes of section 86 of the Election Funding, Expenditure and Disclosures Act 1981

b) a “major political donor” is a “major political donor” for the purposes of section 84 of the Election Funding, Expenditure and Disclosures Act 1981.

4.23 Councillors should note that political donations below $1,000, or political donations to a registered political party or group by which a Councillor is endorsed, may still give rise to a non-pecuniary conflict of interests. Councillors should determine whether or not such conflicts are significant and take the appropriate action to manage them.

4.24 If a Councillor has received or knowingly benefitted from a reportable political donation of the kind referred to in clause 4.21, that Councillor is not prevented from participating in a decision to delegate Council’s decision-making role to Council staff through the General Manager or appointing another person or body to make the decision in accordance with the law (see Clause 4.19 above).

Loss of quorum as a result of compliance with this part

4.25 Where a majority of Councillors are precluded under this Part from consideration of a matter the Council or Committee must resolve to delegate consideration of the matter in question to another person.

4.26 Where a majority of Councillors are precluded under this Part from consideration of a matter and the matter in question concerns the exercise of a function that may not be delegated under section 377 of the Act, the Councillors may apply in writing to the Chief Executive to be exempted from complying with a requirement under this Part relating to the management of a non-pecuniary conflict of interests.

4.27 The Chief Executive will only exempt a Councillor from complying with a requirement under this Part where:

a) compliance by Councillors with a requirement under the Part in relation to a matter will result in the loss of a quorum, and

b) the matter relates to the exercise of a function of the Council that may not be delegated under section 377 of the Act.

4.28 Where the Chief Executive exempts a Councillor from complying with a requirement under this Part, the Councillor must still disclose any interests they have in the matter the exemption applies to in accordance with the requirements of this Part.

4.29 A Councillor, who would otherwise be precluded from participating in the consideration of a matter under this Part because they have a non-pecuniary conflict of interests in the matter, is permitted to participate in consideration of the matter, if:

a) the matter is a proposal relating to

i) the making of a principal environmental planning instrument applying to the whole or a significant part of the Council’s area, or

ii) the amendment, alteration or repeal of an environmental planning instrument where the amendment, alteration or repeal applies to the whole or a significant part of the Council’s area, and

b) the non-pecuniary conflict of interest arises only because of an interest that a person has in that person’s principle place of residence.

c) The Councillor declares any interest they have in the matter that would otherwise have precluded their participation in consideration of the matter under this Part.

Other business or employment

4.30 If you are a member of staff of Council considering outside employment or contract work that relates to the business of the Council or that might conflict with your Council duties, you must notify and seek the approval of the General Manager in writing (section 353).

4.31 As a member of staff, you must ensure that any outside employment or business you engage in will not:

a) conflict with your official duties

b) involve using confidential information or Council resources obtained through your work with Council

c) require you to work while on Council duty

d) discredit or disadvantage the Council.

Personal dealings with Council

4.32 You may have reason to deal with your Council in your personal capacity (for example, as a ratepayer, recipient of a Council service or applicant for a consent granted by Council). You must not expect or request preferential treatment in relation to any matter in which you have a private interest because of your position. You must avoid any action that could lead members of the public to believe that you are seeking preferential treatment.

4.33 Councillors and Council staff may be appointed or nominated by Council as a member of another body or organisation. If so, they will be bound by the rules of conduct of both organisations.

PART 5 PERSONAL BENEFIT

For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

The following provisions apply equally to gifts and benefits offered to individual Council delegates, and to Council Services.

Gifts and Benefits

5.1 You must avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the Council.

5.2 You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

Token gifts and benefits

5.3 Generally speaking, token gifts and benefits include:

a) free or subsidised meals, beverages or refreshments provided in conjunction with:

i) the discussion of official business

ii) Council work related events such as training, education sessions, workshops

iii) conferences

iv) Council functions or events

v) social functions organised by groups, such as Council Committees and community organisations

b) invitations to and attendance at local social, cultural or sporting events

c) gifts of single bottles of reasonably priced alcohol to individual Council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address)

d) ties, scarves, coasters, tie pins, diaries, chocolates or flowers

e) prizes of token value.

Gifts and benefits of value

5.4 Notwithstanding clause 5.3, gifts and benefits that have more than a token value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL)), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.

How are offers of gifts and benefits to be dealt with?

5.5 You must not:

a) seek or accept a bribe or other improper inducement

b) seek gifts or benefits of any kind

c) accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty

d) accept any gift or benefit of more than token value

e) accept an offer of cash or a cash-like gift, regardless of the amount.

f) accept any gift or benefit if you are a member of staff delegated to authorise purchase requisitions

5.6 For the purposes of clause 5.5(e), a “cash-like gift” includes but is not limited to gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internal credit, memberships or entitlements to discounts.

5.7 Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the General Manager. The recipient, supervisor, Mayor or General Manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to Council, unless the nature of the gift or benefit makes this impractical.

Improper and undue influence

5.8 You must not use your position to influence other Council officials in the performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A Councillor will not be in breach of this clause where they seek to influence other Council officials through the appropriate exercise of their representative functions.

5.9 You must not take advantage (or seek to take advantage) of your status or position with or of functions you perform for Council in order to obtain a private benefit for yourself or for any other person or body.

Lobbying

5.10 Councillors and Council staff may be lobbied by a wide range of people, including individuals, organisations, companies and developers. As a general rule it is an essential element of the democratic system that any individual should be able to lobby the Council or a Councillor. However, particular considerations apply when Councillors and Council staff are dealing with statutory powers such as planning.

5.11 Councillors and Council staff must consider evidence and arguments put by a wide range of organisations and individuals in order to perform their duties effectively. However, Councillors should encourage lobbyists and applicants to put their views in writing to the General Manager for evaluation by Council staff and reporting to Council of all the consequences of granting the request.

5.12 Councillors can ensure transparency when being lobbied by:

· keeping records of meetings

· holding meetings in locations such as Council offices

· ensuring other people are present

· making sure that any information obtained when being lobbied is available to Council staff and other Councillors.

PART 6 RELATIONSHIP BETWEEN COUNCIL OFFICIALS

Obligations of Councillors and administrators

6.1 Each Council is a body politic. The Councillors or administrator/s are the governing body of the Council. The governing body has the responsibility of directing and controlling the affairs of the Council in accordance with the Act and is responsible for policy determinations, for example, those relating to workforce policy.

6.2 Councillors or administrators must not:

a) direct Council staff other than by giving appropriate direction to the General Manager in the performance of Council’s functions by way of Council or Committee resolution, or by the Mayor or administrator exercising their power under section 226 of the Act (section 352)

b) in any public or private forum, direct or influence or attempt to direct or influence, any other member of the staff of the Council or a delegate of the Council in the exercise of the functions of the member or delegate (Schedule 6A of the Act)

c) contact a member of the staff of the Council on Council-related business unless in accordance with the policy and procedures governing the interaction of Councillors and Council staff that have been authorised by the Council and the General Manager

d) contact or issue instructions to any of Council’s contractors or tenderers, including Council’s legal advisers, unless by the Mayor or administrator exercising their power under section 226 of the Act. This does not apply to Council’s external auditors or the Chairperson of Council’s Audit and Risk Management Committee who may be provided with any information by individual Councillors reasonably necessary for the external auditor or Audit and Risk Management Committee to effectively perform their functions.

Obligations of staff

6.3 The General Manager is responsible for the efficient and effective operation of the Council’s organisation and for ensuring the implementation of the decisions of the Council without delay.

6.4 Members of staff of Council must:

a) give their attention to the business of Council while on duty

b) ensure that their work is carried out efficiently, economically and effectively

c) carry out lawful directions given by any person having authority to give such directions

d) give effect to the lawful decisions, policies, and procedures of the Council, whether or not the staff member agrees with or approves of them

e) ensure that any participation in political activities outside the service of the Council does not conflict with the performance of their official duties.

Obligations during meetings

6.5 You must act in accordance with Council’s Code of Meeting Practice and the Local Government (General) Regulation 2005 during Council and Committee meetings, including Closed Meetings.

6.6 You must show respect to the Chairperson, other Council officials and any members of the public present during Council and Committee meetings or other formal proceedings of Council.

Inappropriate interactions

6.7 You must not engage in any of the following inappropriate interactions:

a) Councillors and administrators approaching staff and staff organisations to discuss individual or operational staff matters other than broader workforce policy issues.

b) Council staff approaching Councillors and administrators to discuss individual or operational staff matters other than broader workforce policy issues.

c) Council staff refusing to give information that is available to other Councillors to a particular Councillor.

d) Councillors and administrators who have lodged a development application with Council, discussing the matter with Council staff in staff-only areas of Council.

e) Councillors and administrators being overbearing or threatening to Council staff.

f) Councillors and administrators making personal attacks on Council staff in a public forum.

g) Councillors and administrators directing or pressuring Council staff in the performance of their work, or recommendations they should make.

h) Council staff providing ad hoc advice to Councillors and administrators without recording or documenting the interaction as they would if the advice was provided to a member of the community.

i) Council staff meeting with applicants or objectors alone AND outside office hours to discuss applications or proposals.

j) Councillors attending on-site inspection meetings with lawyers and/or consultants engaged by Council associated with current or proposed legal proceedings unless permitted to do so by Council’s General Manager or, in the case of the Mayor or administrator, exercising their power under section 226 of the Act.

PART 7 ACCESS TO INFORMATION AND COUNCIL RESOURCES

Councillor and administrator access to information

7.1 The General Manager and Public Officer are responsible for ensuring that members of the public, Councillors and administrators can gain access to the documents available under the Government Information (Public Access) Act 2009.

7.2 The General Manager must provide Councillors and administrators with information sufficient to enable them to carry out their civic office functions.

7.3 Members of staff of Council must provide full and timely information to Councillors and administrators sufficient to enable them to carry out their civic office functions and in accordance with Council procedures.

7.4 Members of staff of Council who provide any information to a particular Councillor in the performance of their civic duties must also make it available to any other Councillor who requests it and in accordance with Council procedures.

7.5 Councillors and administrators who have a private (as distinct from civic) interest in a document of Council have the same rights of access as any member of the public.

Councillors and administrators to properly examine and consider information

7.6 Councillors and administrators must properly examine and consider all the information provided to them relating to matters that they are dealing with to enable them to make a decision on the matter in accordance with Council’s charter.

Refusal of access to documents

7.7 Where the General Manager and Public Officer determine to refuse access to a document sought by a Councillor or administrator they must act reasonably. In reaching this decision they must take into account whether or not the document sought is required for the Councillor or administrator to perform their civic duty (see clause 7.2). The General Manager or Public Officer must state the reasons for the decision if access is refused.

Use of certain Council information

7.8 In regard to information obtained in your capacity as a Council official, you must:

a) only access Council information needed for Council business

b) not use that Council information for private purposes

c) not seek or obtain, either directly or indirectly, any financial benefit or other improper advantage for yourself, or any other person or body, from any information to which you have by virtue of your office or position with Council

d) only release Council information in accordance with established Council policies and procedures and in compliance with relevant legislation.

Use and security of confidential information

7.9 You must maintain the integrity and security of confidential documents or information in your possession, or for which you are responsible.

7.10 In addition to your general obligations relating to the use of Council information, you must:

a) protect confidential information

b) only release confidential information if you have authority to do so

c) only use confidential information for the purpose it is intended to be used

d) not use confidential information gained through your official position for the purpose of securing a private benefit for yourself or for any other person

e) not use confidential information with the intention to cause harm or detriment to your Council or any other person or body

f) not disclose any information discussed during a confidential session of a Council meeting.

Personal information

7.11 When dealing with personal information you must comply with:

a) the Privacy and Personal Information Protection Act 1998

b) the Health Records and Information Privacy Act 2002

c) the Information Protection Principles and Health Privacy Principles

d) Council’s Privacy Management Plan

e) the Privacy Code of Practice for Local Government

Use of Council resources

7.12 You must use Council resources ethically, effectively, efficiently and carefully in the course of your official duties, and must not use them for private purposes (except when supplied as part of a contract of employment) unless this use is lawfully authorised and proper payment is made where appropriate.

7.13 Union delegates and Consultative Committee Members may have reasonable access to Council resources for the purposes of carrying out their industrial responsibilities, including but not limited to:

a) the representation of members with respect to disciplinary matters

b) the representation of employees with respect to grievances and disputes

c) functions associated with the role of the local consultative Committee.

7.14 You must be scrupulous in your use of Council property, including intellectual property, official services and facilities, and must not permit their misuse by any other person or body.

7.15 You must avoid any action or situation that could create the appearance that Council property, official services or public facilities are being improperly used for your benefit or the benefit of any other person or body.

7.16 You must not use Council resources, property or facilities for the purpose of assisting your election campaign or the election campaign of others unless the resources, property or facilities are otherwise available for use or hire by the public and any publicly advertised fee is paid for use of the resources, property or facility.

7.17 You must not use Council letterhead, Council crests or logos, and other information that could give the appearance it is official Council material for:

a) the purpose of assisting your election campaign or the election campaign of others, or

b) for other non-official purposes.

7.18 You must not convert any property of the Council to your own use unless properly authorised.

7.19 You must not use Council’s computer resources to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature.

Councillor access to Council buildings

7.20 Councillors and administrators are entitled to have access to the Council Chamber, Committee room, Mayor’s Office (subject to availability), Councillors’ rooms, and public areas of Council’s buildings during normal business hours and for meetings. Councillors and administrators needing access to these facilities at other times must obtain authority from the General Manager.

7.21 Councillors and administrators must not enter staff-only areas of Council buildings without the approval of the General Manager (or delegate) or as provided in the procedures governing the interaction of Councillors and Council staff.

7.22 Councillors and administrators must ensure that when they are within a staff area they avoid giving rise to the appearance that they may improperly influence Council staff decisions.

PART 8 MAINTAINING THE INTEGRITY OF THIS CODE

8.1 You must not conduct yourself in a manner that is likely to undermine confidence in the integrity of this Code or its administration.

Complaints made for an improper purpose

8.2 You must not make a complaint or cause a complaint to be made under this Code for an improper purpose.

8.3 For the purposes of clause 8.2, a complaint is made for an improper purpose where it is trivial, frivolous, vexatious or not made in good faith, or where it otherwise lacks merit and has been made substantially for one or more of the following purposes:

a) to intimidate or harass another Council official

b) to damage another Council official’s reputation

c) to obtain a political advantage

d) to influence a Council official in the exercise of their official functions or to prevent or disrupt the exercise of those functions

e) to influence the Council in the exercise of its functions or to prevent or disrupt the exercise of those functions

f) to avoid disciplinary action under this Code

g) to take reprisal action against a person for making a complaint under this Code except as may be otherwise specifically permitted under this Code

h) to take reprisal action against a person for exercising a function prescribed under the procedures for the administration of this Code except as may be otherwise specifically permitted under this Code

i) to prevent or disrupt the effective administration of this Code.

Detrimental action

8.4 You must not take detrimental action or cause detrimental action to be taken against a person substantially in reprisal for a complaint they have made under this Code except as may be otherwise specifically permitted under this Code.

8.5 You must not take detrimental action or cause detrimental action to be taken against a person substantially in reprisal for any function they have exercised under this Code except as may be otherwise specifically permitted under this Code.

8.6 For the purposes of clauses 8.4 and 8.5 detrimental action is an action causing, comprising or involving any of the following:

a) injury, damage or loss

b) intimidation or harassment

c) discrimination, disadvantage or adverse treatment in relation to employment

d) dismissal from, or prejudice in, employment

e) disciplinary proceedings.

Compliance with requirements under this Code

8.7 You must not engage in conduct that is calculated to impede or disrupt the consideration of a matter under this Code.

8.8 You must comply with a reasonable and lawful request made by a person exercising a function under this Code.

8.9 You must comply with a practice ruling made by the Office of Local Government.

8.10 Where you are a Councillor or the General Manager, you must comply with any Council resolution requiring you to take action as a result of a breach of this Code.

Disclosure of information about the consideration of a matter under this Code

8.11 You must report breaches of this Code in accordance with the reporting requirements under this Code.

8.12 You must not make allegations of suspected breaches of this Code at Council meetings (including Closed Meetings) or in other public forums.

8.13 You must not disclose information about the consideration of a matter under this Code except for the purposes of seeking legal advice unless the disclosure is otherwise permitted under this Code.

Complaints alleging a breach of this part

8.14 Complaints alleging a breach of this Part (Part 8) by a Councillor, the General Manager or an administrator are to be made to the Office of Local Government.

8.15 Complaints alleging a breach of this Part by other Council officials are to be made to the General Manager.

PART 9 DEFINITIONS

In the Code of Conduct the following definitions apply:

the Act the Local Government Act 1993

act of disorder see the definition in clause 256 of the Local Government (General) Regulation 2005

administrator an administrator of Council appointed under the Act other than an administrator appointed under section 66

Chief Executive Chief Executive of the Office of Local Government

Committee a Council Committee

conflict of interests a conflict of interests exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty

Council Committee a Committee established by resolution of Council

“Council Committee

member” a person other than a Councillor or member of staff of a Council who is a member of a Council Committee

Council Meeting an ordinary, extraordinary or closed meeting of Orange City Council

Council official includes Councillors, members of staff of Council, administrators, Council Committee members, Conduct Reviewers and delegates of Council

Councillor a person elected or appointed to civic office and includes a Mayor

delegate of Council a person (other than a Councillor or member of staff of a Council) or body, and the individual members of that body, to whom a function of the Council is delegated

designated person see the definition in section 441 of the Act

election campaign includes Council, State and Federal election campaigns

personal information information or an opinion about a person whose identity is apparent, or can be ascertained from the information or opinion

the Regulation the Local Government (General) Regulation 2005

The term “you” used in the Code of Conduct refers to Council officials.

The phrase “this Code” used in the Code of Conduct refers also to the Procedures for the Administration of the Code of Conduct prescribed under the Local Government (General) Regulation 2005.

(Attachment 1)

Code of Conduct

acknowledgement of receipt form

Name
Position
Address
I hereby certify that I have read, understood and agree to comply with the provisions of the Orange City Council Code of Conduct.
Signature
Date

Please return to Human Resources at the Civic Centre or via council@orange.nsw.gov.au

Council Meeting 22 June 2017

5.9 Strategic Policy Review

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

PROCEDURES FOR ADMINISTRATION OF THE ORANGE CITY COUNCIL CODE OF CONDUCT

TABLE OF CONTENTS

PART 1 INTRODUCTION.. 3

PART 2 DEFINITIONS. 3

PART 3 ADMINISTRATIVE FRAMEWORK. 5

PART 4 HOW MAY CODE OF CONDUCT COMPLAINTS BE MADE?. 7

PART 5 HOW ARE CODE OF CONDUCT COMPLAINTS TO BE MANAGED?. 9

PART 6 PRELIMINARY ASSESSMENT. 15

PART 7 OPERATIONS OF CONDUCT REVIEW COMMITTEES. 19

PART 8 INVESTIGATIONS. 21

PART 9 RIGHTS OF REVIEW... 28

PART 10 PROCEDURAL IRREGULARITIES. 30

PART 11 PRACTICE DIRECTIONS. 30

PART 12 REPORTING ON COMPLAINTS STATISTICS. 30

PART 13 CONFIDENTIALITY. 31

PART 1 INTRODUCTION

These procedures (“the Code of Conduct Procedures”) are prescribed for the purposes of the administration of the Code of Conduct for Local Councils in NSW (“the Code”). The Code and Code Procedures are made under sections 440 and 440AA respectively of the Local Government Act 1993 (“the Act”) and the Local Government (General) Regulation 2005 (“the Regulation”).

Sections 440 and 440AA of the Act require every Council to adopt a Code of Conduct and procedures for the administration of the Code of Conduct that incorporate the provisions of the Code and Code Procedures respectively.

In adopting procedures for the administration of their adopted Codes of Conduct, Councils may supplement the Code Procedures. However provisions of a Council’s adopted procedures that are not consistent with those prescribed under the Code Procedures will have no effect.

PART 2 DEFINITIONS

For the purposes of the procedures, the following definitions apply:

“the Act” the Local Government Act 1993

“administrator” an administrator of Council appointed under the Act other than an administrator appointed under section 66

“Code of Conduct” a Code of Conduct adopted under section 440 of the Act

“Code of Conduct complaint” a complaint that alleges conduct on the part of a Council official acting in their official capacity that on its face, if proven, would constitute a breach of the standards of conduct prescribed under the Council’s Code of Conduct

“complainant” a person who makes a Code of Conduct complaint

“complainant Councillor” a Councillor who makes a Code of Conduct complaint

“complaints coordinator” a person appointed by the General Manager under these procedures as a Complaints Coordinator

“Conduct Reviewer” a person appointed under these procedures to review allegations of breaches of the Code of Conduct by Councillors or the General Manager

“Council Committee” a Committee established by resolution of Council

“Council Committee member” a person other than a Councillor or member of staff of a Council who is a member of a Council Committee

Council Meeting an ordinary, extraordinary or closed meeting of Orange City Council

“Councillor” a person elected or appointed to civic office and includes a Mayor

“Council official” includes Councillors, members of staff of Council, administrators, Council Committee members, Conduct Reviewers and delegates of Council

“delegate of Council” a person (other than a Councillor or member of staff of a Council) or body and the individual members of that body to whom a function of the Council is delegated

“the Office” the Office of Local Government, Department of Premier and Cabinet

“investigator” a Conduct Reviewer or Conduct Review Committee

“the Regulation” the Local Government (General) Regulation 2005

“subject person” a person whose Conduct is the subject of investigation by a Conduct Reviewer or Conduct Review Committee under these procedures

PART 3 ADMINISTRATIVE FRAMEWORK

The establishment of a panel of conduct Reviewers

3.1 The Council must by resolution establish a panel of Conduct Reviewers.

3.2 The Council may by resolution enter into an arrangement with one or more other Councils to share a panel of Conduct Reviewers.

3.3 The panel of Conduct Reviewers is to be established following a public expression of interest process.

3.4 An expression of interest for members of the Council’s panel of Conduct Reviewers must, at a minimum, be advertised locally and in the Sydney metropolitan area.

3.5 To be eligible to be a member of a panel of Conduct Reviewers, a person must, at a minimum, meet the following requirements:

a) an understanding of Local Government, and

b) knowledge of investigative processes including but not limited to procedural fairness requirements and the requirements of the Public Interest Disclosures Act 1994, and

c) knowledge and experience of one or more of the following:

i) investigations, or

ii) law, or

iii) public administration, or

iv) public sector ethics, or

v) alternative dispute resolution, and

d) meet the eligibility requirements for membership of a panel of Conduct Reviewers under clause 3.6.

3.6 A person is not be eligible to be a member of the panel of Conduct Reviewers if they are

a) a Councillor, or

b) a nominee for election as a Councillor, or

c) an administrator, or

d) an employee of a Council, or

e) a member of the Commonwealth Parliament or any State Parliament or Territory Assembly, or

f) a nominee for election as a member of the Commonwealth Parliament or any State Parliament or Territory Assembly, or

g) a person who has a conviction for an indictable offence that is not an expired conviction.

3.7 A person is not precluded from being a member of the Council’s panel of Conduct Reviewers if they are a member of another Council’s panel of Conduct Reviewers.

3.8 A panel of Conduct Reviewers established under this Part is to have a term of up to four years.

3.9 The Council may terminate the panel of Conduct Reviewers at any time by resolution.

3.10 When the term of the Conduct Reviewers concludes or is terminated, the Council must establish a new panel of Conduct Reviewers in accordance with the requirements of this Part.

3.11 A person who was a member of a previous panel of Conduct Reviewers established by Council may be a member of subsequent panels of Conduct Reviewers established by Council.

The appointment of Complaints Coordinators

3.12 The General Manager must appoint a member of staff of the Council to act as a Complaints Coordinator. Where practicable, the Complaints Coordinator should be a senior and suitably qualified member of staff.

3.13 The General Manager may appoint other members of staff to act as alternates to the Complaints Coordinator.

3.14 The General Manager must not undertake the role of Complaints Coordinator.

3.15 The person appointed as Complaints Coordinator or alternate Complaints Coordinator must also be a Nominated Disclosures Coordinator appointed for the purpose of receiving and managing reports of wrongdoing under the Public Interest Disclosures Act 1994.

3.16 The role of the Complaints Coordinator is to:

a) coordinate the management of complaints made under the Council’s Code of Conduct,

b) liaise with and provide administrative support to a Conduct Reviewer or Conduct Review Committee,

c) liaise with the Office of Local Government, and

d) arrange the annual reporting of Code of Conduct complaints statistics.

PART 4 HOW MAY CODE OF CONDUCT COMPLAINTS BE MADE?

What is a “Code of Conduct complaint”?

4.1 For the purpose of these procedures, a Code of Conduct complaint is a complaint that alleges conduct on the part of a Council official acting in their official capacity that on its face, if proven, would constitute a breach of the standards of conduct prescribed under the Council’s Code of Conduct.

4.2 Only Code of Conduct complaints are to be dealt with under these procedures. Complaints that do not satisfy the definition of a “Code of Conduct complaint” are to be dealt with under Council’s routine complaints management processes.

When must a Code of Conduct complaint be made?

4.3 A Code of Conduct complaint must be made within three months of the alleged conduct occurring or within three months of the complainant becoming aware of the alleged conduct.

4.4 A complaint made after three months may only be accepted if the General Manager, or, in the case of a complaint about the General Manager, the Mayor, is satisfied that there are compelling grounds for the matter to be dealt with under the Code of Conduct.

How may a Code of Conduct complaint about a Council official other than the General Manager be made?

4.5 All Code of Conduct complaints other than those relating to the General Manager are to be made to the General Manager in writing.

4.6 Where a Code of Conduct complaint about a Council official other than the General Manager cannot be made in writing, the complaint must be confirmed with the complainant in writing as soon as possible after the receipt of the complaint.

4.7 In making a Code of Conduct complaint about a Council official other than the General Manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.

4.8 The General Manager or, where the complaint is referred to a Conduct Reviewer, the Conduct Reviewer, must consider the complainant’s preferences in deciding how to deal with the complaint.

4.9 Notwithstanding clauses 4.5 and 4.6, where the General Manager becomes aware of a possible breach of the Council’s Code of Conduct, he or she may initiate the process for the consideration of the matter under these procedures without a written complaint.

How may a Code of Conduct complaint about the General Manager be made?

4.10 Code of Conduct complaints about the General Manager are to be made to the Mayor in writing.

4.11 Where a Code of Conduct complaint about the General Manager cannot be made in writing, the complaint must be confirmed with the complainant in writing as soon as possible after the receipt of the complaint.

4.12 In making a Code of Conduct complaint about the General Manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.

4.13 The Mayor or, where the complaint is referred to a Conduct Reviewer, the Conduct Reviewer must consider the complainant’s preferences in deciding how to deal with the complaint.

4.14 Notwithstanding clauses 4.10 and 4.11, where the Mayor becomes aware of a possible breach of the Council’s Code of Conduct by the General Manager, he or she may initiate the process for the consideration of the matter under these procedures without a written complaint.

PART 5 HOW ARE CODE OF CONDUCT COMPLAINTS TO BE MANAGED?

How are Code of Conduct complaints about staff (other than the General Manager) to be dealt with?

5.1 The General Manager is responsible for making enquiries or causing enquiries to be made into Code of Conduct complaints about members of staff of Council and for determining the outcome of such complaints.

5.2 Where the General Manager decides not to make enquiries into a Code of Conduct complaint about a member of staff, the General Manager must give the complainant reasons in writing for their decision.

5.3 Without limiting clause 5.2, the General Manager may decide not to enquire into the matter on grounds that the complaint is trivial, frivolous, vexatious or not made in good faith.

5.4 Enquiries made into staff conduct that might give rise to disciplinary action must occur in accordance with the relevant industrial instrument or employment contract and make provision for procedural fairness including the right of an employee to be represented by their union.

5.5 Sanctions for staff depend on the severity, scale and importance of the breach and must be determined in accordance with any relevant industrial instruments or contracts.

How are Code of Conduct complaints about delegates of Council and Council Committee members to be dealt with?

5.6 The General Manager is responsible for making enquiries or causing enquiries to be made into Code of Conduct complaints about delegates of Council and Council Committee members and for determining the outcome of such complaints.

5.7 Where the General Manager decides not to make enquiries into a Code of Conduct complaint about a delegate of Council or a Council Committee member, the General Manager must give the complainant reasons in writing for their decision.

5.8 Without limiting clause 5.7, the General Manager may decide not to enquire into the matter on grounds that the complaint is trivial, frivolous, vexatious or not made in good faith.

5.9 Sanctions for delegates of Council and/or members of Council Committees depend on the severity, scale and importance of the breach and may include one or more of the following:

a) censure,

b) requiring the person to apologise to any person or organisation adversely affected by the breach,

c) prosecution for any breach of the law,

d) removing or restricting the person’s delegation, or

e) removing the person from membership of the relevant Council Committee.

5.10 Prior to imposing a sanction against a delegate of Council or a Council Committee member under clause 5.9, the General Manager or any person making enquiries on behalf of the General Manager must comply with the requirements of procedural fairness. In particular:

a) the substance of the allegation (including the relevant provision/s of Council’s Code of Conduct that the alleged conduct is in breach of) must be put to the person the subject of the allegation, and

b) the person must be given an opportunity to respond to the allegation, and

c) the General Manager must consider the person’s response in deciding whether to impose a sanction under clause 5.9.

How are Code of Conduct complaints about Conduct Reviewers to be dealt with?

5.11 The General Manager must refer all Code of Conduct complaints about Conduct Reviewers to the Office of Local Government for its consideration.

5.12 The General Manager must notify the complainant of the referral of their complaint in writing.

5.13 The General Manager must implement any recommendation made by the Office of Local Government as a result of its consideration of a Code of Conduct complaint about a Conduct Reviewer.

How are Code of Conduct complaints about administrators to be dealt with?

5.14 The General Manager must refer all Code of Conduct complaints about administrators to the Office for its consideration.

5.15 The General Manager must notify the complainant of the referral of their complaint in writing.

How are Code of Conduct complaints about Councillors to be dealt with?

5.16 The General Manager must refer the following Code of Conduct complaints about Councillors to the Office of Local Government:

a) complaints alleging a breach of the pecuniary interest provisions of the Act,

b) complaints alleging a failure to comply with a requirement under the Code of Conduct to disclose and appropriately manage conflicts of interests arising from reportable political donations (see section 328B),

c) complaints alleging a breach of Part 8 of the Code of Conduct relating to the maintenance of the integrity of the Code, and

d) complaints the subject of a special complaints management arrangement with the Office of Local Government under clause 5.40.

5.17 Where the General Manager refers a complaint to the Office under clause 5.16, the General Manager must notify the complainant of the referral in writing.

5.18 Where the General Manager considers it to be practicable and appropriate to do so, the General Manager may seek to resolve Code of Conduct complaints about Councillors, other than those requiring referral to the Office under clause 5.16, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or apology instead of referring them to the Complaints Coordinator under clause 5.20.

5.19 Where the General Manager resolves a Code of Conduct complaint under clause 5.18 to the General Manager’s satisfaction, the General Manager must notify the complainant in writing of the steps taken to resolve the complaint and this shall finalise the consideration of the matter under these procedures.

5.20 The General Manager must refer all Code of Conduct complaints about Councillors other than those referred to the Office under clause 5.16 or resolved under clause 5.18 to the Complaints Coordinator.

How are Code of Conduct complaints about the General Manager to be dealt with?

5.21 The Mayor must refer the following Code of Conduct complaints about the General Manager to the Office of Local Government:

a) complaints alleging a breach of the pecuniary interest provisions of the Act,

b) complaints alleging a breach of Part 8 of the Code of Conduct relating to the maintenance of the integrity of the Code, and

c) complaints the subject of a special complaints management arrangement with the Office of Local Government under clause 5.40.

5.22 Where the Mayor refers a complaint to the Office under clause 5.21, the Mayor must notify the complainant of the referral in writing.

5.23 Where the Mayor considers it to be practicable and appropriate to do so, he or she may seek to resolve Code of Conduct complaints about the General Manager, other than those requiring referral to the Office under clause 5.21, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or apology instead of referring them to the Complaints Coordinator under clause 5.25.

5.24 Where the Mayor resolves a Code of Conduct complaint under clause 5.23 to the Mayor’s satisfaction, the Mayor must notify the complainant in writing of the steps taken to resolve the complaint and this shall finalise the consideration of the matter under these procedures.

5.25 The Mayor must refer all Code of Conduct complaints about the General Manager other than those referred to the Office under clause 5.21 or resolved under clause 5.23 to the Complaints Coordinator.

Referral of Code of Conduct complaints to external agencies

5.26 The General Manager, Mayor or a Conduct Reviewer or Conduct Review Committee may, at any time, refer a Code of Conduct complaint to an external agency or body such as, but not limited to, the Office, the Independent Commission Against Corruption, the NSW Ombudsman or the Police for its consideration, where they consider such a referral is warranted.

5.27 Where the General Manager, Mayor, Conduct Reviewer or Conduct Review Committee refers a complaint to an external agency or body under clause 5.26, they must notify the complainant of the referral in writing where it is appropriate for them to do so.

5.28 Referral of a matter to an external agency or body shall finalise consideration of the matter under the Code of Conduct unless the Council is subsequently advised otherwise by the referral agency or body.

Disclosure of the identity of complainants

5.29 In dealing with matters under these procedures, information that identifies or tends to identify complainants is not to be disclosed unless:

a) the complainant consents in writing to the disclosure, or

b) it is generally known that the complainant has made the complaint as a result of the complainant having voluntarily identified themselves as the person who made the complaint, or

c) it is essential, having regard to procedural fairness requirements, that the identifying information be disclosed, or

d) a Conduct Reviewer or Conduct Review Committee is of the opinion that disclosure of the information is necessary to investigate the matter effectively, or

e) it is otherwise in the public interest to do so.

5.30 Clause 5.29 does not apply to Code of Conduct complaints made by Councillors about other Councillors or the General Manager.

5.31 Where a Councillor makes a Code of Conduct complaint about another Councillor or the General Manager and the complainant Councillor considers that compelling grounds exist that would warrant information that identifies or tends to identify them as the complainant not to be disclosed, they may request in writing that such information not be disclosed.

5.32 A request made by a complainant Councillor under clause 5.31 must be made at the time they make a Code of Conduct complaint and must state the grounds upon which the request is made.

5.33 The General Manager or Mayor or, where the matter is referred, a Conduct Reviewer or Conduct Review Committee must consider a request made under clause 5.31 before disclosing information that identifies or tends to identify the complainant Councillor but are not obliged to comply with the request.

5.34 Where a complainant Councillor makes a request under clause 5.31, the General Manager or Mayor or, where the matter is referred, a Conduct Reviewer or Conduct review Committee shall notify the Councillor in writing of their intention to disclose information that identifies or tends to identify them prior to disclosing the information.

Code of Conduct complaints made as Public Interest Disclosures

5.35 Code of Conduct complaints that are made as Public Interest Disclosures under the Public Interest Disclosures Act 1994 are to be managed in accordance with the requirements of that Act, the Council’s Internal Reporting Policy and any guidelines issued by the NSW Ombudsman that relate to the management of Public Interest Disclosures.

5.36 For a Code of Conduct complaint to be dealt with as a Public Interest Disclosure, the complainant must state at the outset and in writing at the time of making the complaint that it is made as a Public Interest Disclosure.

5.37 Where a Councillor makes a Code of Conduct complaint about another Councillor or the General Manager as a Public Interest Disclosure, before the matter may be dealt with under these procedures, the complainant Councillor must consent in writing to the disclosure of their identity as the complainant.

5.38 Where a complainant Councillor declines to consent to the disclosure of their identity as the complainant under clause 5.37, the General Manager or the Mayor must refer the complaint to the Office for consideration. Such a referral must be made under section 26 of the Public Interest Disclosures Act 1994.

Special complaints management arrangements

5.39 The General Manager may request in writing that the Office of Local Government enter into a special complaints management arrangement with the Council in relation to Code of Conduct complaints made by or about a person or persons.

5.40 Where the Office receives a request under clause 5.39, it may agree to enter into a special complaints management arrangement where it is satisfied that the number or nature of Code of Conduct complaints made by or about a person or persons has:

a) imposed an undue and disproportionate cost burden on the Council’s administration of its Code of Conduct, or

b) impeded or disrupted the effective administration by the Council of its Code of Conduct, or

c) impeded or disrupted the effective functioning of the Council.

5.41 A special complaints management arrangement must be in writing and must specify the following:

a) the Code of Conduct complaints the arrangement relates to, and

b) the period that the arrangement will be in force.

5.42 The Office may by notice in writing, amend or terminate a special complaints management arrangement at any time.

5.43 While a special complaints management arrangement is in force, an officer of the Office (the assessing Divisional officer) must undertake the preliminary assessment of the Code of Conduct complaints specified in the arrangement in accordance with the requirements of these procedures except as provided by clause 5.44 below.

5.44 Where, following a preliminary assessment, the assessing Divisional officer determines that a Code of Conduct complaint warrants investigation by a Conduct Reviewer or a Conduct Review Committee, the assessing Divisional officer shall notify the Complaints Coordinator in writing of their determination and the reasons for their determination. The complaints coordinator must comply with the recommendation of the assessing Divisional officer.

5.45 Prior to the expiry of a special complaints management arrangement, the Office of Local Government shall, in consultation with the General Manager, review the arrangement to determine whether it should be renewed or amended.

5.46 A special complaints management arrangement shall expire on the date specified in the arrangement unless renewed under clause 5.45.

PART 6 PRELIMINARY ASSESSMENT

Referral of Code of Conduct complaints to Conduct Reviewers

6.1 The Complaints Coordinator must refer all Code of Conduct complaints about Councillors or the General Manager submitted to the Complaints Coordinator within 21 days of receipt of a complaint by the General Manager or the Mayor.

6.2 For the purposes of clause 6.1, the Complaints Coordinator will refer a complaint to a Conduct Reviewer selected from:

a) a panel of Conduct Reviewers established by the Council, or

b) a panel of Conduct Reviewers established by an organisation approved by the Chief Executive of the Office.

6.3 In selecting a suitable Conduct Reviewer, the Complaints Coordinator may have regard to the qualifications and experience of members of the panel of Conduct Reviewers.

6.4 A Conduct Reviewer must not accept the referral of a Code of Conduct complaint where:

a) they have a conflict of interests in relation to the matter referred to them, or

b) a reasonable apprehension of bias arises in relation to their consideration of the matter, or

c) they or their employer has entered into one or more contracts with Council in the two years preceding the referral and they or their employer have received or expect to receive payments under the contract or contracts of a cumulative value that exceeds $100,000, or

d) at the time of the referral, they or their employer are the Council’s legal service providers or are a member of a panel of legal service providers appointed by Council.

6.5 For the purposes of clause 6.4(a), a Conduct Reviewer will have a conflict of interests in a matter where a reasonable and informed person would perceive that they could be influenced by a private interest when carrying out their public duty (see clause 4.1 of the Code of Conduct).

6.6 For the purposes of clause 6.4(b), a reasonable apprehension of bias arises where a fair-minded observer might reasonably apprehend that the Conduct Reviewer might not bring an impartial and unprejudiced mind to the matter referred to the Conduct Reviewer.

6.7 Where the Complaints Coordinator refers a matter to a Conduct Reviewer, they will provide the Conduct Reviewer with a copy of the Code of Conduct complaint and any other information relevant to the matter held by the Council.

6.8 The Complaints Coordinator must notify the complainant in writing that the matter has been referred to a Conduct Reviewer and advise which Conduct Reviewer the matter has been referred to.

Preliminary assessment by a Conduct Reviewer

6.9 The Conduct Reviewer is to undertake a preliminary assessment of a complaint referred to them by the Complaints Coordinator for the purposes of determining how the complaint is to be managed.

6.10 The Conduct Reviewer may determine to do one or more of the following in relation to a complaint referred to them by the Complaints Coordinator:

a) to take no action, or

b) to resolve the complaint by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or apology, or

c) to refer the matter back to the General Manager or, in the case of a complaint about the General Manager, the Mayor, for resolution by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, or apology, or

d) to refer the matter to another agency or body such as, but not limited to, the ICAC, the NSW Ombudsman, the Office or the Police, or

e) to investigate the matter, or

f) to recommend that the Complaints Coordinator convene a Conduct review Committee to investigate the matter.

6.11 In determining how to deal with a matter under clause 6.10, the Conduct Reviewer must have regard to the complaint assessment criteria prescribed under clause 6.27.

6.12 The Conduct Reviewer may make such enquiries the Conduct Reviewer considers to be reasonably necessary to determine what option to exercise under clause 6.10.

6.13 The Conduct Reviewer may request the complaints coordinator to provide such additional information the Conduct Reviewer considers to be reasonably necessary to determine what option to exercise in relation to the matter under clause 6.10. The Complaints Coordinator will, as far as is reasonably practicable, supply any information requested by the Conduct Reviewer.

6.14 The Conduct Reviewer must refer to the Office any complaints referred to him or her that should have been referred to the Office under clauses 5.16 and 5.21.

6.15 The Conduct Reviewer must determine to take no action on a complaint that is not a Code of Conduct complaint for the purposes of these procedures.

6.16 Where the Conduct Reviewer completes their preliminary assessment of a complaint by determining to exercise an option under clause 6.10, paragraphs (a), (b) or (c), they must provide the complainant with written notice of their determination and provide reasons for it and this will finalise consideration of the matter under these procedures.

6.17 Where the Conduct Reviewer refers a complaint to another agency or body, they must notify the complainant of the referral in writing where it is appropriate for them to do so.

6.18 The Conduct Reviewer may only determine to investigate a matter or to recommend that a Conduct review Committee be convened to investigate a matter where they are satisfied as to the following:

a) that the complaint is a “Code of Conduct complaint” for the purposes of these procedures, and

b) that the alleged Conduct, on its face, is sufficiently serious to warrant investigation, and

c) that the matter is one that could not or should not be resolved by alternative means.

6.19 The Conduct Reviewer may only determine to recommend that a Conduct Review Committee be convened to investigate a matter after consulting with the complaints coordinator and where they are satisfied that it would not be practicable or appropriate for the matter to be investigated by a sole Conduct Reviewer.

6.20 The Conduct Reviewer must complete their preliminary assessment of the complaint within 28 days of referral of the matter to them by the Complaints Coordinator.

6.21 The Conduct Reviewer is not obliged to give prior notice to or to consult with any person before making a determination in relation to their preliminary assessment of a complaint except as may be specifically required under these procedures.

Referral back to the General Manager or Mayor for resolution

6.22 Where the Conduct Reviewer determines to refer a matter back to the General Manager or to the Mayor to be resolved by alternative and appropriate means, they must write to the General Manager or, in the case of a complaint about the General Manager, to the Mayor, recommending the means by which the complaint may be resolved.

6.23 The Conduct Reviewer must consult with the General Manager or Mayor prior to referring a matter back to them under clause 6.22.

6.24 The General Manager or Mayor may decline to accept the Conduct Reviewer’s recommendation. Where the General Manager or Mayor declines to do so, the Conduct Reviewer may determine to deal with the complaint by other means under clause 6.10.

6.25 Where the Conduct Reviewer refers a matter back to the General Manager or Mayor under clause 6.22, the General Manager or, in the case of a complaint about the General Manager, the Mayor, is responsible for implementing or overseeing the implementation of the Conduct Reviewer’s recommendation.

6.26 Where the Conduct Reviewer refers a matter back to the General Manager or Mayor under clause 6.22, the General Manager, or, in the case of a complaint about the General Manager, the Mayor, must advise the complainant in writing of the steps taken to implement the Conduct Reviewer’s recommendation once these steps have been completed.

Complaints assessment criteria

6.27 In undertaking the preliminary assessment of a complaint, the Conduct Reviewer may have regard to the following considerations:

a) whether the complaint is a “Code of Conduct complaint”,

b) whether the complaint is trivial, frivolous, vexatious or not made in good faith,

c) whether the complaint discloses prima facie evidence of a breach of the Code,

d) whether the complaint raises issues that would be more appropriately dealt with by another agency or body,

e) whether there is or was an alternative and satisfactory means of redress available to the complainant in relation to the conduct complained of,

f) whether the complaint is one that can be resolved by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, informal discussion, negotiation or apology,

g) whether the issue/s giving rise to the complaint have previously been addressed or resolved,

h) whether the conduct complained of forms part of a pattern of conduct,

i) whether there were mitigating circumstances giving rise to the conduct complained of,

j) the seriousness of the alleged conduct,

k) the significance of the conduct or the impact of the conduct for the Council,

l) how much time has passed since the alleged conduct occurred, or

m) such other considerations that the Conduct Reviewer considers may be relevant to the assessment of the complaint.

PART 7 OPERATIONS OF CONDUCT REVIEW COMMITTEES

7.1 Where a Conduct Reviewer recommends that the Complaints Coordinator convene a Conduct Review Committee to investigate a matter, the Conduct Reviewer must notify the Complaints Coordinator of their recommendation and the reasons for their recommendation in writing.

7.2 The Complaints Coordinator must convene a Conduct Review Committee comprising three Conduct Reviewers selected from:

a) a panel of Conduct Reviewers established by the Council, or

b) a panel of Conduct Reviewers established by an organisation approved by the Chief Executive of the Office.

7.3 In selecting suitable Conduct Reviewers for membership of a Conduct Review Committee convened under clause 7.2, the Complaints Coordinator may have regard to the following:

a) the qualifications and experience of members of the panel of Conduct Reviewers, and

b) any recommendation made by the Conduct Reviewer about the membership of the Committee.

7.4 The Conduct Reviewer who made the preliminary assessment of the complaint must not be a member of a Conduct Review Committee convened under clause 7.2.

7.5 A member of a panel of Conduct Reviewers may not be appointed to a Conduct Review Committee where they would otherwise be precluded from accepting a referral of the matter to be considered by the Committee under clause 6.4.

7.6 Where the Complaints Coordinator convenes a Conduct Review Committee, they will advise the complainant in writing that the Committee has been convened and the membership of the Committee.

7.7 Where, after a Conduct Review Committee has been convened, a member of the Committee becomes unavailable to participate in further consideration of the matter, the Complaints Coordinator may appoint another person from a panel of Conduct Reviewers to replace them.

7.8 Meetings of a Conduct Review Committee may be conducted in person or by teleconference.

7.9 The members of the Conduct Review Committee must elect a chairperson of the Committee.

7.10 A quorum for a meeting of the Conduct Review Committee is two members.

7.11 Business is not to be conducted at any meeting of the Conduct Review Committee unless a quorum is present.

7.12 If a quorum is not present at a meeting of the Conduct Review Committee, it must be adjourned to a time and date that is specified.

7.13 Each member of the Conduct Review Committee is entitled to one vote in relation to a matter. In the event of an equality of votes being cast, the Chairperson will have a casting vote.

7.14 If the vote on a matter is not unanimous, then this should be noted in the report of the Conduct Review Committee in which it makes its determination in relation to the matter.

7.15 The Chairperson may make a ruling on questions of procedure and the Chairperson’s ruling is to be final.

7.16 The Conduct Review Committee may only conduct business in the absence of the public.

7.17 The Conduct Review Committee must maintain proper records of its proceedings.

7.18 The Complaints Coordinator shall undertake the following functions in support of a Conduct Review Committee:

a) provide procedural advice where required,

b) ensure adequate resources are provided including secretarial support,

c) attend meetings of the Conduct Review Committee in an advisory capacity, and

d) provide advice about Council’s processes where requested.

7.19 The Complaints Coordinator must not be present at, or in sight of a meeting of, the Conduct Review Committee where it makes its final determination in relation to the matter.

7.20 The Conduct Review Committee may adopt procedures governing the conduct of its meetings that supplement these procedures. However any procedures adopted by the Committee must not be inconsistent with these procedures.

PART 8 INVESTIGATIONS

What matters may a Conduct Reviewer or Conduct Review Committee investigate?

8.1 A Conduct Reviewer or Conduct Review Committee (hereafter referred to as an “investigator”) may investigate a Code of Conduct complaint that has been referred to them by the Complaints Coordinator and any matters related to or arising from that complaint.

8.2 Where an investigator identifies further separate possible breaches of the Code of Conduct that are not related to or arise from the Code of Conduct complaint that has been referred to them, they are to report the matters separately in writing to the General Manager, or, in the case of alleged Conduct on the part of the General Manager, to the Mayor.

8.3 The General Manager or the Mayor is to deal with a matter reported to them by an investigator under clause 8.2 as if it were a new Code of Conduct complaint in accordance with these procedures.

How are investigations to be commenced?

8.4 The investigator must at the outset of their investigation provide a written notice of investigation to the subject person. The notice of investigation must:

a) disclose the substance of the allegations against the subject person, and

b) advise of the relevant provisions of the Code of Conduct that apply to the alleged Conduct, and

c) advise of the process to be followed in investigating the matter, and

d) invite the subject person to make a written submission in relation to the matter within 28 days or such other reasonable period specified by the investigator in the notice, and

e) provide the subject person the opportunity to address the investigator on the matter within such reasonable time specified in the notice.

8.5 The subject person may within 14 days of receipt of the notice of investigation, request in writing that the investigator provide them with such further information they consider necessary to assist them to identify the substance of the allegation against them. An investigator will only be obliged to provide such information that the investigator considers reasonably necessary for the subject person to identify the substance of the allegation against them.

8.6 An investigator may at any time prior to issuing a draft report, issue an amended notice of investigation to the subject person in relation to the matter referred to them.

8.7 Where an investigator issues an amended notice of investigation, they will provide the subject person with a further opportunity to make a written submission in response to the amended notice of investigation within 28 days or such other reasonable period specified by the investigator in the amended notice.

8.8 The investigator must also, at the outset of their investigation, provide written notice of the investigation to the complainant, the Complaints Coordinator and the General Manager, or in the case of a complaint about the General Manager, to the Mayor. The notice must:

a) advise them of the matter the investigator is investigating, and

b) in the case of the notice to the complainant, invite them to make a written submission in relation to the matter within 28 days or such other reasonable period specified by the investigator in the notice.

Written and oral submissions

8.9 Where the subject person or the complainant fails to make a written submission in relation to the matter within the period specified by the investigator in their notice of investigation or amended notice of investigation, the investigator may proceed to prepare their draft report without receiving such submissions.

8.10 The investigator may accept written submissions received outside the period specified in the notice of investigation or amended notice of investigation.

8.11 Prior to preparing a draft report, the investigator must give the subject person an opportunity to address the investigator on the matter being investigated. The subject person may do so in person or by telephone.

8.12 Where the subject person fails to accept the opportunity to address the investigator within the period specified by the investigator in the notice of investigation, the investigator may proceed to prepare a draft report without hearing from the subject person.

8.13 Where the subject person accepts the opportunity to address the investigator in person, they may have a support person or legal advisor in attendance. The support person or legal advisor will act in an advisory or support role to the subject person only. They must not speak on behalf of the subject person or otherwise interfere with or disrupt proceedings.

8.14 The investigator must consider all written and oral submissions made to them in relation to the matter.

How are investigations to be conducted?

8.15 Investigations are to be undertaken without undue delay.

8.16 Investigations are to be undertaken in the absence of the public and in confidence.

8.17 Investigators must make any such enquiries that may be reasonably necessary to establish the facts of the matter.

8.18 Investigators may seek such advice or expert guidance that may be reasonably necessary to assist them with their investigation or the conduct of their investigation.

8.19 An investigator may request that the Complaints Coordinator provide such further information that the investigator considers may be reasonably necessary for them to establish the facts of the matter. The Complaints Coordinator will, as far as is reasonably practicable, provide the information requested by the investigator.

Referral or resolution of a matter after the commencement of an investigation

8.20 At any time after an investigator has issued a notice of investigation and before they have issued a draft report, an investigator may determine to:

a) resolve the matter by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or apology, or

b) refer the matter to the General Manager, or, in the case of a complaint about the General Manager, to the Mayor, for resolution by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or apology, or

c) refer the matter to another agency or body such as, but not limited to, the ICAC, the NSW Ombudsman, the Office or the Police.

8.21 Where an investigator determines to exercise any of the options under clause 8.20 after the commencement of an investigation, they must do so in accordance with the requirements of Part 6 of these procedures relating to the exercise of these options at the preliminary assessment stage.

8.22 Where an investigator determines to exercise any of the options under clause 8.20 after the commencement of an investigation, they may by written notice to the subject person, the complainant, the Complaints Coordinator and the General Manager, or in the case of a complaint about the General Manager, the Mayor, discontinue their investigation of the matter.

8.23 Where the investigator discontinues their investigation of a matter under clause 8.22, this shall finalise the consideration of the matter under these procedures.

8.24 An investigator is not obliged to give prior notice to or to consult with any person before making a determination to exercise any of the options under clause 8.20 or to discontinue their investigation except as may be specifically required under these procedures.

Draft investigation reports

8.25 When an investigator has completed their enquiries and considered any written or oral submissions made to them in relation to a matter, they must prepare a draft of their proposed report.

8.26 The investigator must provide their draft report to the subject person and invite them to make a written submission in relation to it within 28 days or such other reasonable period specified by the investigator.

8.27 Where the investigator proposes to make adverse comment about any other person (an affected person) in their report, they must also provide the affected person with relevant extracts of their draft report containing such comment and invite the affected person to make a written submission in relation to it within 28 days or such other reasonable period specified by the investigator.

8.28 The investigator must consider written submissions received in relation to the draft report prior to finalising their report in relation to the matter.

8.29 The investigator may, after consideration of all written submissions received in relation to their draft report, make further enquiries into the matter. Where as a result of making further enquiries, the investigator makes any material change to their proposed report that makes new adverse comment about the subject person or an affected person, they must provide the subject person or affected person as the case may be with a further opportunity to make a written submission in relation to the new adverse comment.

8.30 Where the subject person or an affected person fails to make a written submission in relation to the draft report within the period specified by the investigator, the investigator may proceed to prepare and issue their final report without receiving such submissions.

8.31 The investigator may accept written submissions in relation to the draft report received outside the period specified by the investigator at any time prior to issuing their final report.

Final investigation reports

8.32 Where an investigator issues a notice of investigation they must prepare a final report in relation to the matter unless the investigation is discontinued under clause 8.22.

8.33 An investigator must not prepare a final report in relation to the matter at any time before they have finalised their consideration of the matter in accordance with the requirements of these procedures.

8.34 The investigator’s final report must:

a) make findings of fact in relation to the matter investigated, and,

b) make a determination that the conduct investigated either,

i. constitutes a breach of the Code of Conduct, or

ii. does not constitute a breach of the Code of Conduct, and

c) provide reasons for the determination.

8.35 Where the investigator determines that the Conduct investigated constitutes a breach of the Code of Conduct, the investigator may make one or more of the following recommendations:

a) that the Council revise any of its policies or procedures,

b) that the subject person undertake any training or other education relevant to the conduct giving rise to the breach,

c) that the subject person be counselled for their conduct,

d) that the subject person apologise to any person or organisation affected by the breach in such a time and form specified by the recommendation,

e) that findings of inappropriate conduct be made public,

f) in the case of a breach by the General Manager, that action be taken under the General Manager’s contract for the breach,

g) in the case of a breach by a Councillor, that the Councillor be formally censured for the breach under section 440G of the Act,

h) in the case of a breach by a Councillor, that the Council resolves as follows:

i. that the Councillor be formally censured for the breach under section 440G of the Act, and

ii. that the matter be referred to the Office of Local Government for further action under the misconduct provisions of the Act.

8.36 Where the investigator determines that the conduct investigated does not constitute a breach of the Code of Conduct, the investigator may make one or more of the following recommendations:

a) that the Council revise any of its policies or procedures,

b) that a person or persons undertake any training or other education.

8.37 In making a recommendation under clause 8.35, the investigator may have regard to the following:

a) the seriousness of the breach,

b) whether the breach can be easily remedied or rectified,

c) whether the subject person has remedied or rectified their conduct,

d) whether the subject person has expressed contrition,

e) whether there were any mitigating circumstances,

f) the age, physical or mental health or special infirmity of the subject person,

g) whether the breach is technical or trivial only,

h) any previous breaches,

i) whether the breach forms part of a pattern of conduct,

j) the degree of reckless intention or negligence of the subject person,

k) the extent to which the breach has affected other parties or the Council as a whole,

l) the harm or potential harm to the reputation of the Council or local government arising from the conduct,

m) whether the findings and recommendations can be justified in terms of the public interest and would withstand public scrutiny,

n) whether an educative approach would be more appropriate than a punitive one,

o) the relative costs and benefits of taking formal enforcement action as opposed to taking no action or taking informal action,

p) what action or remedy would be in the public interest.

8.38 At a minimum, the investigator’s final report must contain the following information:

a) a description of the allegations against the subject person,

b) the relevant provisions of the Code of Conduct that apply to the alleged conduct investigated,

c) a statement of reasons as to why the Conduct Reviewer considered that the matter warranted investigation,

d) a statement of reasons as to why the Conduct Reviewer considered that the matter was one that could not or should not be resolved by alternative means,

e) where the matter is investigated by a Conduct Review Committee, a statement as to why the matter was one that warranted investigation by a Conduct Review Committee instead of a sole Conduct Reviewer,

f) a description of any attempts made to resolve the matter by use of alternative means,

g) the steps taken to investigate the matter,

h) the facts of the matter,

i) the investigator’s findings in relation to the facts of the matter and the reasons for those findings,

j) the investigator’s determination and the reasons for that determination,

k) any recommendations.

8.39 The investigator must provide a copy of their report to the Complaints Coordinator, the subject person and the complainant.

8.40 Where the investigator has determined that there has not been a breach of the Code of Conduct, the Complaints Coordinator must provide a copy of the investigator’s report to the General Manager or, where the report relates to the General Manager’s conduct, to the Mayor and this will finalise consideration of the matter under these procedures.

8.41 Where the investigator has determined that there has been a breach of the Code of Conduct and makes a recommendation or recommendations under clause 8.35, paragraph (a), the Complaints Coordinator must provide a copy of the investigator’s report to the General Manager. Where the General Manager agrees with the recommendation/s, the General Manager is responsible for implementing the recommendation/s.

8.42 Where the investigator has determined that there has been a breach of the Code of Conduct and makes a recommendation or recommendations under clause 8.35, paragraphs (b) or (c), the Complaints Coordinator must provide a copy of the investigator’s report to the General Manager or, where the report relates to the General Manager’s conduct, to the Mayor. The General Manager is responsible for arranging the implementation of the recommendation/s where the report relates to a Councillor’s conduct. The Mayor is responsible for arranging the implementation of the recommendation/s where the report relates to the General Manager’s conduct.

8.43 Where the investigator has determined that there has been a breach of the Code of Conduct and makes a recommendation or recommendations under clause 8.35, paragraphs (d) to (h), the Complaints Coordinator must, where practicable, arrange for the investigator’s report to be reported to the next ordinary Council meeting for the Council’s consideration unless the meeting is to be held within the four weeks prior to an ordinary local government election, in which case the report must be reported to the first ordinary Council meeting following the election.

Consideration of the final investigation report by Council

8.44 The role of the Council in relation to a final investigation report is to impose a sanction where an investigator determines that there has been a breach of the Code of Conduct and makes a recommendation in their final report under clause 8.35, paragraphs (d) to (h).

8.45 The Council is to close its meeting to the public to consider the final investigation report where it is permitted to do so under section 10A of the Act.

8.46 Where the complainant is a Councillor, they must absent themselves from the meeting and take no part in any discussion or voting on the matter. The complainant Councillor may absent themselves without making any disclosure of interests in relation to the matter unless otherwise required to do so under the Act or the Code.

8.47 Prior to imposing a sanction, the Council must provide the subject person with an opportunity to make an oral submission to the Council. The subject person is to confine their submission to addressing the investigator’s recommendation/s.

8.48 Once the subject person has completed their oral submission they must absent themselves from the meeting and, where they are a Councillor, take no part in any discussion or voting on the matter.

8.49 The Council must not invite oral submissions from other persons for the purpose of seeking to rehear evidence previously considered by the investigator.

8.50 Prior to imposing a sanction, the Council may by resolution:

a) request that the investigator make additional enquiries and/or provide additional information to it in a supplementary report, or

b) seek an opinion by the Office in relation to the report.

8.51 The Council may, by resolution, defer further consideration of the matter pending the receipt of a supplementary report from the investigator or an opinion from the Office.

8.52 The investigator may make additional enquiries for the purpose of preparing a supplementary report.

8.53 Where the investigator prepares a supplementary report, they must provide copies to the Complaints Coordinator who shall provide a copy each to the Council, the subject person and the complainant.

8.54 The investigator is not obliged to notify or consult with any person prior to submitting the supplementary report to the Complaints Coordinator.

8.55 The Council is only required to provide the subject person a further opportunity to address it on a supplementary report where the supplementary report contains new information that is adverse to them.

8.56 A Council may by resolution impose one or more of the following sanctions on a subject person:

a) that the subject person apologise to any person or organisation affected by the breach in such a time and form specified by the resolution,

b) that findings of inappropriate conduct be made public,

c) in the case of a breach by the General Manager, that action be taken under the General Manager’s contract for the breach,

d) in the case of a breach by a Councillor, that the Councillor be formally censured for the breach under section 440G of the Act,

e) in the case of a breach by a Councillor:

i. that the Councillor be formally censured for the breach under section 440G of the Act, and

ii. that the matter be referred to the Office for further action under the misconduct provisions of the Act.

8.57 The Council is not obliged to adopt the investigator’s recommendation/s. Where the Council does not adopt the investigator’s recommendation/s, the Council must resolve not to adopt the recommendation and state in its resolution the reasons for its decision.

8.58 The Council may, by resolution, impose a sanction on the subject person under clause 8.56 different to the sanction recommended by the investigator in their final report.

8.59 Where the Council resolves not to adopt the investigator’s recommendation/s, the Complaints Coordinator must notify the Office of the Council’s decision and the reasons for it.

PART 9 RIGHTS OF REVIEW

Failure to comply with a requirement under these procedures

9.1 Where any person believes that a person has failed to comply with a requirement prescribed under these procedures, they may, at any time prior to the Council’s consideration of an investigator’s final report, raise their concerns in writing with the Office.

Practice rulings

9.2 Where a subject person and an investigator are in dispute over a requirement under these procedures, either person may make a request in writing to the Office to make a ruling on a question of procedure (a practice ruling).

9.3 Where the Office receives a request in writing for a practice ruling, the Office may provide notice in writing of its ruling and the reasons for it to the person who requested it and to the investigator, where that person is different.

9.4 Where the Office makes a practice ruling, all parties are to comply with it.

9.5 The Office may decline to make a practice ruling. Where the Office declines to make a practice ruling, it will provide notice in writing of its decision and the reasons for it to the person who requested it and to the investigator, where that person is different.

Requests for review

9.6 A person the subject of a sanction imposed under Part 8 of these procedures other than one imposed under clause 8.56, paragraph (e), may, within 28 days of the sanction being imposed, seek a review of the investigator’s determination and recommendation by the Office.

9.7 A review under clause 9.6 may be sought on the following grounds:

a) that the investigator has failed to comply with a requirement under these procedures, or

b) that the investigator has misinterpreted or misapplied the Standards of Conduct prescribed under the Code of Conduct, or

c) that the Council has failed to comply with a requirement under these procedures in imposing a sanction.

9.8 A request for a review made under clause 9.6 must be made in writing and must specify the grounds upon which the person believes the investigator or the Council has erred.

9.9 The Office may decline to conduct a review, where the grounds upon which the review is sought are not sufficiently specified.

9.10 The Office may undertake a review of a matter without receiving a request under clause 9.6.

9.11 The Office will undertake a review of the matter on the papers. However, the Office may request that the Complaints Coordinator provide such further information that the Office considers reasonably necessary for it to review the matter. The Complaints Coordinator must, as far as is reasonably practicable, provide the information requested by the Office.

9.12 Where a person requests a review under clause 9.6, the Office may direct the Council to defer any action to implement a sanction. The Council must comply with a direction to defer action by the Office.

9.13 The Office must notify the person who requested the review and the Complaints Coordinator of the outcome of the Office’s review in writing and the reasons for its decision. In doing so, the Office may comment on any other matters the Office considers to be relevant.

9.14 Where the Office considers that the investigator or the Council has erred, the Office may recommend that a decision to impose a sanction under these procedures be reviewed.

9.15 In the case of a sanction implemented by the General Manager or Mayor under clause 8.42, where the Office recommends that the decision to impose a sanction be reviewed:

a) the Complaints Coordinator must provide a copy of the Office’s determination in relation to the matter to the General Manager or the Mayor, and

b) the General Manager or Mayor must review any action taken by them to implement the sanction, and

c) the General Manager or Mayor must consider the Office’s recommendation in doing so.

9.16 In the case of a sanction imposed by the Council by resolution under clause 8.56, where the Office recommends that the decision to impose a sanction be reviewed:

a) the Complaints Coordinator must, where practicable, arrange for the Office’s determination to be tabled at the next ordinary Council meeting unless the meeting is to be held within the 4 weeks prior to an ordinary local government election, in which case it must be tabled at the first ordinary Council meeting following the election, and

b) the Council must:

i. review its decision to impose the sanction, and

ii. consider the Office’s recommendation in doing so, and

iii. resolve to either rescind or reaffirm its previous resolution in relation to the matter.

9.17 Where having reviewed its previous decision in relation to a matter under clause 9.16 the Council resolves to reaffirm its previous decision, the Council must state in its resolution its reasons for doing so.

PART 10 PROCEDURAL IRREGULARITIES

10.1 A failure to comply with these procedures does not, on its own, constitute a breach of the Code of Conduct except as may be otherwise specifically provided under the Code of Conduct.

10.2 A failure to comply with these procedures will not render a decision made in relation to a matter invalid where:

a) the non-compliance is isolated and/or minor in nature, or

b) reasonable steps are taken to correct the non-compliance, or

c) reasonable steps are taken to address the consequences of the non-compliance.

PART 11 PRACTICE DIRECTIONS

11.1 The Office may at any time issue a practice direction in relation to the application of these procedures.

11.2 The Office will issue practice directions in writing, by circular to all Councils.

11.3 All persons performing a function prescribed under these procedures must consider the Office’s practice directions when performing the function.

PART 12 REPORTING ON COMPLAINTS STATISTICS

12.1 The Complaints Coordinator must arrange for the following statistics to be reported to the Council within three months of the end of September of each year:

a) the total number of Code of Conduct complaints made about Councillors and the General Manager under the Code of Conduct in the year to September,

b) the number of Code of Conduct complaints referred to a Conduct Reviewer,

c) the number of Code of Conduct complaints finalised by a Conduct Reviewer at the preliminary assessment stage and the outcome of those complaints,

d) the number of Code of Conduct complaints investigated by a Conduct Reviewer,

e) the number of Code of Conduct complaints investigated by a Conduct Review Committee,

f) without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under these procedures,

g) the number of matter reviewed by the Office and, without identifying particular matters, the outcome of the reviews, and

h) The total cost of dealing with Code of Conduct complaints made about Councillors and the General Manager in the year to September, including staff costs.

12.2 The Council is to provide the Office with a report containing the statistics referred to in clause 12.1 within three months of the end of September of each year.

PART 13 CONFIDENTIALITY

13.1 Information about Code of Conduct complaints and the management and investigation of Code of Conduct complaints is to be treated as confidential and is not to be publicly disclosed except as may be otherwise specifically required or permitted under these procedures.

Code Procedure Flowchart

Council Meeting 22 June 2017

5.9 Strategic Policy Review

Attachment 5 Strategic Policy - ST050 - Code of Meeting Practice attachment

PART 1 - PRELIMINARY

1.1 Definitions

In this Code:

amendment in relation to an original motion, means a motion moving an amendment to that motion. An amendment is a change to the motion before Council, and takes place while that motion is being debated.

Chairperson

a) in relation to a meeting of the Council - means the person presiding at the meeting as provided by Clause 3.1 of this Code

b) in relation to a meeting of a Committee - means the person presiding at the meeting as provided by Clause 6.8 of this Code

Community Committee means a Committee established under Clause 6.1 of this Code and includes community or external representatives

Council Meeting includes an ordinary, extraordinary or closed meeting of Orange City Council.

motion means a proposal put forward by a Councillor or Committee member calling for a specific Action to be taken or a decision to be made on a particular matter before the meeting

Planning Decision means a decision made in the exercise of a function of Council under the Environmental Planning and Assessment Act 1979, including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contributions plan

Policy Committee means a Committee established under Clause 6.1 of this Code or the Council when it has resolved itself into closed meetings

record means a document (including any written or printed material) or object (including a sound recording, coded storage device, magnetic tape or disc, microfilm, photograph, film, map, plan or model or a painting or other pictorial or graphic work) that is or has been made or received in the course of official duties by a Councillor or an employee of the Council and, in particular, includes the minutes of meetings of the Council or of a Committee of the Council

resolution is a motion that has been passed by a majority of Councillors at a meeting. It means the Council decision

the Act means the Local Government Act 1993

the Code means the Orange City Council Code of Meeting Practice

the Regulation means the Local Government (General) Regulation 2005 (part 10 – Meetings)

1.2 Act and Regulation

1.2.1 This Code is made as required by Section 360(2) of the Act. It incorporates relevant provisions of the Regulation and the Act.

1.2.2 Where there is any inconsistency between the Code and the Act or the Regulation, the provisions of the Act or the Regulation prevail.

1.3 Principles

1.3.1 In adopting a Code of Meeting Practice, Orange City Council commits itself to the following principles:

a) Council meetings should be orderly, efficient and earn the respect of Orange’s residents.

b) Councillors have an obligation to conduct themselves at meetings to high standards of behaviour and make a positive contribution to all decisions and debates.

c) Meetings should be part of Council’s commitment to open government and maximise the access and participation available to the City’s residents

d) Council meetings should comply with the principles underlying the Act relating to the roles and responsibilities of the Councillors and the General Manager. Within the delegations of authority adopted by Council, matters considered at meetings should be restricted to matters of policy, direction, resource allocation and statutory decisions which are required to be made by Council.

e) The following key principles are committed to:

Integrity

You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in the performance of your duties.

Leadership

You have a duty to promote and support the key principles by leadership and example, and to maintain and strengthen the public’s trust and confidence in the integrity of Council. This means promoting your public duty to others in the Council and outside, by your own ethical behaviour.

Selflessness

You have a duty to make decisions solely in the public interest. You must not act in order to gain financial or other benefits for yourself, your family, friends or business interests. This means making decisions because they benefit the public, not because they benefit the decision maker.

Impartiality

You must make decisions solely on merit and in accordance with your statutory obligations when carrying out public business. This includes the making of appointments, awarding of contracts or recommending individuals for rewards or benefits. This means fairness to all; impartial assessment; merit selection in recruitment and in purchase and sale of Council’s resources; considering only relevant matters.

Accountability

You are accountable to the public for your decisions and actions and must consider issues on their merits, taking into account the views of others. This means recording reasons for decisions; submitting to scrutiny; keeping proper records; establishing audit trails.

Openness

You have a duty to be as open as possible about your decisions and actions, giving reasons for decisions and restricting information only when the wider public interest clearly demands. This means recording; giving and revealing reasons for decisions; revealing other avenues available to the client of business; when authorized, offering all information, communicating clearly.

Honesty

You have a duty to act honestly. You must declare any private interests relating to your public duties and take steps to resolve any conflicts arising in such as way that protects the public interest. This means obeying the law; following the letter and spirit of policies and procedures; observing the Code of Conduct; fully disclosing actual or potential conflicts of interest and exercising any conferred power strictly for the purpose for which the power was conferred.

Respect

You must treat others with respect at all times. This means not using derogatory terms towards others, observing the rights of other people, treating people with courtesy and recognising the different roles others play in local government decision making.

PART 2 - CONVENING OF, AND ATTENDANCE AT, COUNCIL MEETINGS

2.1 Frequency of meetings of Council

2.1.1 Council is required to meet at least 10 times each year, each time in a different month (Act - S 365)

2.1.2 The General Manager shall report to Council in September of each year, recommending the frequency and times for meeting times for the ensuing twelve months of ordinary Policy Committee Meetings and ordinary Council Meetings.

2.1.3 The Council may by resolution, vary the times and dates of ordinary Policy Committee Meetings and ordinary Council Meetings from the adopted times.

Note: Ordinary meetings of Council are generally not held in the month of January.

2.2 Authority to cancel a scheduled Council or Committee Meeting

2.2.1 The Mayor and General Manager may cancel a scheduled meeting of Council or a Committee if there are no significant items for consideration. Public notice will be given of any cancelled Council or Policy Committee Meeting.

2.3 Absence without prior leave

2.3.1 Any Councillor who is absent without prior leave being granted by Council from three consecutive ordinary meetings of Council, shall be disqualified from holding civic office (Act - S 234).

2.4 Extraordinary Meetings

2.4.1 If the Mayor receives a request in writing signed by at least two Councillors, the Mayor must call an Extraordinary Meeting of Council to be held as soon as practicable but in any event within 14 days after the receipt of the request (Act - S 366).

2.4.2 If the Mayor fails, within three working days of receipt of a request pursuant to subsection 2.4.1, to give a direction to the General Manager for the sending of notices to Councillors for an extraordinary meeting to be held within the period specified in subsection 2.4.1, the General Manager must send a notice to each Councillor specifying that the meeting be held within 14 days following the date of receipt of the request.

2.4.3 Any request submitted in accordance with this clause must clearly state the business proposed to be transacted at the meeting.

2.4.4 Extraordinary meetings are not only held in ‘extraordinary’ circumstances. These meetings are usually held to deal with special business or where there is so much business to be dealt with an additional meeting is required (Reg Cl242)

2.5 Notice of Meetings

2.5.1 The General Manager must send to each Councillor, at least three calendar days before each meeting of the Council, a notice specifying the time and place at which and the date on which the meeting is to be held and the business on the agenda of meeting (Act - S 367(1))

2.5.2 Notice of less than three days may be given of an extraordinary meeting called in an emergency (Act - S 367(2))

2.5.3 A notice of a meeting of Council or a Policy Committee must be published in a newspaper circulating in the area before the meeting takes place (Reg - Cl 232(2))

2.5.4 The notice must specify the time and place of the meeting (Reg - Cl 232(3))

2.5.5 Notice of more than one meeting may be given in the same notice (Reg - Cl 232(4))

2.5.6 A notice under this section and the agenda for, and the business papers relating to, this meeting may be given to a Councillor in electronic form, but only if all Councillors have facilities to access the notice, agenda and business papers in that form (Act – S 367(3)).

2.5.7 This clause does not apply to an extraordinary meeting of Council or a Policy Committee (Reg Cl 232(5))

2.6 Quorum

2.6.1 The quorum for a meeting of Council is a majority of the Councillors who are not suspended from office (Act - S 368)

2.7 What happens when a quorum is not present

2.7.1 A meeting of the Council must be adjourned if a quorum is not present:

a) within half an hour after the time designated for the holding of the meeting; or

b) at any time during the meeting (Reg - Cl 233(1))

2.7.2 In either case, the meeting must be adjourned to a time, date and place fixed:

a) by the Chairperson; or

b) in his or her absence - by the majority of the Councillors present; or

c) failing that, by the General Manager (Reg - Cl 233(2))

2.7.3 The General Manager must record in the Council’s minutes the circumstances relating to the absence of a quorum (including the reasons for the absence of a quorum) at or arising during a meeting of the Council, together with the names of the Councillors present (Reg - Cl 233(3)).

2.7.4 A Councillor who is not capable of voting on a matter before the Council (by reason of having disclosed a pecuniary interest is the matter) is regarded as being absent from the meeting for the purpose of determining whether or not a quorum is present.

2.7.5 If so many Councillors declare a pecuniary interest in a matter that the Council is unable to form a quorum to deal with business before it, the Councillors concerned may apply to the Minister for Local Government to allow them to participate in the discussion and vote on that matter (Act S 458).

2.8 Anticipated lack of quorum

2.8.1 There is no provision in the Act or Regulation for a Council meeting to be abandoned or cancelled if a lack of a quorum is anticipated.

2.8.2 If notice of a meeting has been given, it must be held or at least opened.

2.8.3 While a meeting without a quorum can be opened, it cannot make any decisions (Act – S371).

2.9 Adjourning Meetings

2.9.1 If a meeting is adjourned because it cannot be held, for example because of a lack of a quorum, it is postponed to a later time or date and, possibly, to a different place.

2.9.2 If, part way through a meeting, the meeting is adjourned (for example because a quorum ceases to be present or because of time constraints) the meeting will recommence at the time and place that is adjourned to.

2.9.3 An adjourned meeting is a continuation of the earlier part of the same meeting, not a new meeting.

2.9.4 If a meeting is adjourned to a different date, time or place, each Councillor and the public should be notified of the new date, time or place.

2.9.5 As an adjourned meeting is a continuation of the same meeting (not a new meeting), Council will not issue a new agenda and business paper for the adjourned meeting.

2.10 Presence at Council meetings

2.10.1 A Councillor cannot participate in a meeting of Council unless personally present at the meeting (Reg Cl 235)

2.11 Leave of absence

2.11.1 Councillors should seek leave of absence from a meeting(s) in writing, using the Councillor Leave of Absence Request Form (Appendix 1).

2.11.2 A Councillor’s application for leave of absence from Council meetings should, if practicable, identify (by date) the meeting(s) from which the Councillor intends to be absent (Reg 235A(1)).

2.11.3 If a Councillor who intends to attend a Council meeting despite having been granted leave of absence should, if practicable, give the General Manager at least two days’ notice of his or her intention to attend (Reg Cl - 235A(2))

2.11.4 Council will only grant leave of absence in circumstances where a Councillor submits a written leave application that is accepted by resolution of Council.

2.12 Entitlement to attend Council or Policy and Community Committee Meetings (Act-S10)

2.12.1 Except as provided elsewhere in this Policy:

a) everyone is entitled to attend a meeting of Council and its Policy Committees of which the members are Councillors.

b) Council must ensure that all meetings of Council and Policy and Community Committees are open to the public. With the exception of those members of the public addressing Council in accordance with Clause 2.13 members of the public are attending as observers only and are not permitted to interrupt meeting procedures or engage in disorderly conduct.

2.12.2 A person (whether a Councillor or another person) is not entitled to be present at a meeting of Council or of a Committee if expelled from the meeting:

a) by resolution of the meeting

b) by the person presiding at the meeting if Council has, by resolution, authorised the person presiding to exercise the power of expulsion.

2.12.3 A person may be expelled from a meeting only on the grounds specified in, or in the circumstances prescribed in Clause 4.2.3 hereof.

2.13 Open Forum

2.13.1 Council will conduct an Open Forum as part of the Ordinary Council Meeting held on the first Tuesday of each month.

2.13.2 Council sets aside a maximum of 30 minutes for the conduct of the Open Forum. Each speaker will have a maximum of 5 minutes to address the meeting.

2.13.3 Speaker’s presentations to Council must relate specifically to an item on the Council Meeting agenda for that meeting.

2.13.4 Speakers are able to present to Council orally only, no electronic presentation can be made. If handouts are to be provided, these are to be supplied to the General Manager by 4pm on the day of the meeting.

2.13.5 Conduct

a) Essentially the key principles in Council’s Code of Conduct should be expected of each speaker who addresses the Open Forum.

b) Those principles incorporate integrity, objectivity, accountability, openness, honesty and respect.

c) The Open Forum does not provide private parliamentary privilege to speakers, Councillors or staff.

2.13.6 Speakers are expected:

a) to behave in a manner that does not cause any reasonable person unwarranted offence or embarrassment.

b) to Act lawfully, honestly and to exercise a degree of care and diligence in the comments made.

c) to observe the highest standards of honesty and integrity and to avoid conduct (verbal/actions) that might suggest any departure from the key principles of conduct.

d) to be frank, honest and open when presenting to Council.

e) to avoid any behaviour that could be deemed to be an Act of disorder or misbehaviour such as insults or personal reflections on or imputes employee motives when discussing others.

f) to not behave in a manner that might be considered to be threatening to or harassment of Councillors or Council staff.

2.13.7 Unacceptable behaviour at the Open Forum

a) Persons who conduct themselves in a manner considered by any reasonable person, to be disorderly, will be expelled from the forum in a similar manner as that provided under Reg Cl - 257(2).

b) Should the behaviour of a speaker and/or audience be such that the Mayor/Chairperson of the forum deems necessary to discontinue a particular section of the forum, then the following will apply:

i) the speaker and/or persons will be asked to discontinue the offensive behaviour.

ii) the speaker and/or persons may be asked to leave the building where the meeting is being held.

iii) a Police Officer or any person authorised for the purpose by Council, or the person presiding may, by using only such force as is necessary, remove the person/persons from the building and if necessary restrain that person from re-entering the building.

iv) the person may be advised to correspond in future with Council via mail or email and/or Council’s appointed legal representative.

2.14 Public notice of Meetings

2.14.1 Council must give notice to the public of the times, dates and places of its meetings and meetings of those of its Policy Committees of which all the members are Councillors (Act - S 9 (1)).

2.14.2 Council and each such Policy Committee must have available for the public at its offices and at each meeting, copies (for inspection or taking away by any person) of the agenda and the associated business papers (such as correspondence and reports) for the meeting (Act - S 9 (2))

2.14.3 The copies are to be available free of charge (Act - S 9 (4))

2.14.4 The advertisements referred to in this part shall be placed in the local print media, on a monthly basis, notifying the public as to the place, dates and times the ordinary meetings of Council, and its Policy Committees, are scheduled to meet (Reg Cl - 232).

Note: The requirement to advertise the holding of a meeting of the Council or a Policy Committee meeting does not apply to Extraordinary meetings – (Reg Cl – 232(5)). Community Committee meetings will not generally be advertised.

2.15 Submission of Reports/Information to Council/Policy Committee

2.15.1 Notice of business (ie reports, Notices of Motion) for a Council Meeting or a Policy Committee Meeting must be in writing and lodged with the General Manager by no later than 10 days before the scheduled meeting (Reg Cl-241).

PART 3 - PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

3.1 Chairperson of Council meetings

3.1.1 The Mayor or, at the request of or in the absence of the Mayor, the Deputy Mayor presides at meetings of the Council (Act - S369(1)).

3.1.2 If the Mayor and the Deputy Mayor are absent, a Councillor elected to chair the meeting by the Councillors present presides at a meeting of Council (Act - S 369(2))

3.1.3 If no Chairperson is present at a meeting of Council at the time designated for the holding of the meeting, the first business of the meeting must be the election of a Chairperson to preside at the meeting (Reg - Cl 236(1)).

3.1.4 The election must be conducted:

a) by the General Manager or, in his or her absence, an employee of the Council designated by the General Manager to conduct the election (a Director or Manager Administration and Governance), or

b) if neither of them is present at the meeting or there is no General Manager of designated employee – by the person who called the meeting or a person Acting on his or her behalf.

3.1.5 If, at an election of a chairperson, 2 or more candidates receive the same number of votes and no other candidate receives a greater number of votes, the chairperson is to be the candidate whose name is chosen by lot.

3.1.6 For the purposes of sub-clause 3.1.5, the person conducting the election must:

a) arrange for the names of the candidates who have equal numbers of votes to be written on similar slips, and

b) then fold the slips so as to prevent the names from being seen, mix the slips and draw one of the slips at random.

3.1.7 The candidate whose name is on the drawn slips is the candidate who is to be the chairperson.

3.2 Addressing Councillors and Staff

3.2.1 Councillors are to be addressed as “Councillor (Surname)” by other Councillors and staff during Council meetings. This applies whether or not the Councillor has a title (eg Honorable or Reverend) or qualifications (eg Doctor).

3.2.2 Staff should be addressed by their position title rather name during Council or Committee Meetings.

3.3 Chairperson to have precedence

3.3.1 When the Chairperson rises or speaks during a meeting of Council:

a) any Councillor then speaking or seeking to speak must immediately, if standing, resume his or her seat.

b) every Councillor present must be silent to enable the Chairperson to be heard without interruption (Reg - Cl 237)

3.4 Chairperson’s duty with respect to motions

3.4.1 It is the duty of the Chairperson at a meeting of Council to receive and put to the meeting any lawful motion that is brought before the meeting.

3.4.2 The Chairperson must rule out of order any motion that is unlawful or the implementation of which would be unlawful.

3.4.3 Any motion, amendment or other matter that the Chairperson has ruled out of order is taken to have been rejected (Reg - Cl 238)

3.5 Confirmation of Minutes

3.5.1 Council must ensure that full and accurate minutes are kept of proceedings of Council (Act - S 375 (1))

3.5.2 The correctness of the minutes of every preceding meeting, including an extraordinary meeting, not previously confirmed must be dealt with at every ordinary meeting of the Council, in order that such minutes may be confirmed.

3.5.3 A motion or discussion with respect to such minutes shall not be in order except with regard to their accuracy as a true record of the proceedings.

3.5.4 Minutes may be confirmed at an extraordinary meeting of Council.

3.5.5 The minutes must, when they have been confirmed at a subsequent meeting of the Council, be signed by the person presiding at that subsequent meeting. (Act - S 375(2))

3.6 Order of Business

3.6.1

Agenda items	Ordinary and Extraordinary meetings of Council	Policy Committees including those called as Extraordinary Committee meetings	Community Committees
a) Emergency procedures	ü	ü	ü
b) Apologies for absence	ü	ü	ü
c) Prayer	ü	n/a	n/a
d) Acknowledgement of Country	ü	ü	ü
e) Declarations of Interest	ü	ü	ü
f) Open Forum	ü	n/a	n/a
g) Condolences – The Mayor or Chairperson may give condolences and observe a minute’s silence	ü	n/a	ü
h) Mayoral Minutes	ü	n/a	n/a
i) Confirmation of minutes of previous meetings	Ordinary and Extraordinary Council Meetings	n/a	ü
j) Acceptance of late items	ü	ü	ü
k) Confirmation of items listed for closed section of the meeting	ü	n/a	n/a
l) Confirmation of the Resolutions and adoption/amendment of the Recommendations of Policy Committees	ü	n/a	n/a
m) Notices of Motion and Rescission Motions	ü	n/a	n/a
n) Reports	ü	ü	ü
o) Closed section of meeting	ü	n/a	n/a
p) Adoption of recommendations from Closed Meeting	ü	n/a	n/a

3.6.2 The order of business fixed in 3.6.1 above may be altered if a motion to that effect is passed. Such a motion can be moved without notice.

3.6.3 If a Closed Meeting agenda is prepared the business thereof must be referred to in the ordinary agenda prepared for the same meeting.

3.6.4 Items on a Closed Meeting agenda are to include subject matter and the reason for confidentially which must be stated as being one of the following (Act - S10(A)):

a) personnel matters concerning particular individuals.

b) the personal hardship of any resident or ratepayer.

c) information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

d) commercial information of a confidential nature that would if disclosed:

· prejudice the commercial position of the person who supplied it

· confer a commercial advantage on a competitor of the Council

· reveal a trade secret.

e) information that would, if disclosed, prejudice the maintenance of law.

f) matters affecting the security of Council, Councillors, Council staff or Council property.

g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

i) alleged contravention of any code of conduct requirements applicable under Section 440 (the Act)

3.6.5 Confidential items on Business papers are to be listed on the agenda after all other non-confidential items.

3.6.6 Council may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.

3.7 Giving Notice of Business

3.7.1 Council must not transact business at a meeting of Council:

a) unless a Councillor has given at least three calendar days prior notice of the business in writing to the General Manager (Reg – Cl 241(1)(a)).

b) unless notice of the business has been sent out to each Councillor at least three calendar days before each meeting of the Council specifying the time and place at which and the date on which the meeting is to be held and the business proposed to be transacted at the meeting (Reg – Cl 241(1)(b)).

3.7.2 Notice of less than three days may be given to an Extraordinary Meeting called in an emergency (Act – S367)

3.7.3 Sub-clause 3.7.1 does not apply to the consideration of business at a meeting if the business:

a) is already before, or directly relates to a matter that is already before Council, or (Reg – Cl 241(2)(a)).

b) is the election of a Chairperson to preside at the meeting as provided by Clause 3.1.2, or (Reg – Cl 241(2)(b)).

c) is a matter or topic put to the meeting by the Chairperson in accordance with Clause 3.8.2, or (Reg – Cl241(2)(c)).

d) is a motion for the adoption of recommendations of a Policy Committee.

3.7.4 Despite Clause 3.7.3, business may be transacted at a meeting of a Council even though due notice of the business has not been given to the Councillors. This can only happen if:

a) A motion is passed to have business transacted at the meeting (Reg – Cl 241(3)(a)).

b) The business proposed to be forward is ruled by the Chairperson to be of great urgency (Reg – Cl 241(3)(b)).

Such a motion shall be moved without notice.

3.8 Agenda for Extraordinary Meeting

3.8.1 The General Manager must ensure that the agenda for an Extraordinary Meeting of Council deals only with the matters stated in the notice of the meeting (Reg – Cl 242(1)).

3.8.2 Despite Clause 3.8.1 business may be transacted at an extraordinary meeting of Council even though due notice of the business has not been given to Councillors. However, this can only happen if:

a) a motion is passed to have the business transacted at the meeting (Reg – Cl 242(2)(a)).

b) the business proposed to be brought forward is ruled by the Chairperson to be of great urgency (Reg – Cl 242(2)(b)).

Such a motion can be moved without notice, but only after the business notified in the agenda for the meeting has been dealt with (Reg - Cl 242(2))

3.9 Mayoral Minutes

3.9.1 If the Mayor (or the Deputy Mayor, if acting for the Mayor) is the Chairperson at a meeting of Council, the Chairperson is, by Mayoral Minute signed by the Chairperson, entitled to put to the meeting without notice any matter or topic that is within the jurisdiction of Council of which Council has official knowledge. (Reg – Cl 243(1))

3.9.2 Such a Mayoral Minute, when put to the meeting, takes precedence over all business on Council’s agenda for the meeting. The Chairperson (but only if the Chairperson is the Mayor, or the Deputy Mayor, if acting for the Mayor) may move the adoption of the Mayoral minute without the motion being seconded. (Reg – Cl 243(2))

3.9.3 A recommendation made in a Mayoral Minute of the Chairperson (being the Mayor, or Deputy Mayor, if acting for the Mayor) or in a report made by a Council employee is, so far as adopted by Council, a resolution of Council. (Reg - Cl 243(3))

3.10 Matters to be included in Minutes of Council Meeting

3.10.1 The General Manager must ensure that the following matters are recorded in Council’s minutes:

a) Details of each motion moved at a Council meeting and of any amendments (Act Cl 254(b)).

b) The name of the mover and seconder of each motion and amendment (Cl 254(b)).

c) Whether each motion and amendment is passed or lost (Cl 254(c)).

d) The circumstances and reasons relating to the absence of a quorum together with names of the Councillors present (Cl 233(3))

e) The dissenting vote of a Councillor if requested (Cl 251(2)).

f) The names of the Councillors who voted for a motion in a division and those

who voted against it (Cl 251(4)). Note that a division is always required when a

motion for planning decision is put at a meeting of the Council (Act Sec 375A)

g) The grounds for closing a part of a meeting to the public (Act Sec 10D).

h) The report of a Council Committee leading to a rescission or alteration motion (Act Se 372(6)).

i) Any question asked to staff taken on notice.

j) The disclosure to a meeting by a Councillor of a pecuniary interest (Act Sec 453).

k) When Council makes a decision against the recommendation of staff or Council–engaged experts, the reason(s) for this should be minuted, particularly when determining Development Applications against the recommendation of Council staff.

3.11 Report of a Departmental Representative to be tabled at Council Meeting

3.11.1 When a report of a NSW Office of Local Government representative has been presented to a meeting of Council in accordance with Section 433 of the Act, Council must ensure that the report:

a) is laid on the table at that meeting; and

b) is subsequently available for the information of Councillors and members of the public at all reasonable times (Reg - Cl 244)

3.12 Notices of Motion

3.12.1 Notices of motion should start with the word “that” and should be clear, brief and accurate.

3.12.2 A Councillor could submit more than one notice of motion on the same topic.

3.12.3 Notices of motion should be written in a positive sense so that a ‘yes’ vote indicates support.

3.12.4 The General Manager will provide appropriate comments from a staff perspective where appropriate however these comments will not refer to the merit of any notice of motion.

3.12.5 Notices of Motion are to be lodged with the General Manager by 9am at least 10 days before the scheduled meeting.

3.13 Notice of Motion – Absence of Mover

3.13.1 In the absence of a Councillor who has placed a notice of motion on the agenda for a meeting of the Council:

a) any other Councillor may move the motion at the meeting, or

b) the Chairperson may defer the motion until the next meeting of the Council at which the motion can be considered (Reg - Cl 245)

3.14 Motions to be seconded

3.14.1 A motion or an amendment cannot be debated unless or until it has been seconded. This Clause is subject to Clause 3.18 (Reg - Cl 246).

3.14.2 The seconder of a motion or of an amendment may reserve the right to speak later in the debate, subject to Clause 3.18.

3.14.3 It is permissible to debate the motion and an amendment concurrently.

3.15 How subsequent amendments may be moved

3.15.1 If an amendment has been accepted or rejected, a further amendment can be moved to the motion in its original or amended form (as the case may be), subject to the further amendment being foreshadowed and so on, but no more than one motion and one proposed amendment can be before Council at any one time. (Reg - Cl 247)

3.15.2 During the debate on an amendment, if a further amendment is foreshadowed, the subject and the detail of the foreshadowed amendment shall not be indicated, and any such foreshadowed amendment shall not be moved and debated until the amendment being debated is dealt with.

3.15.3 An amendment must relate solely to the subject matter of the motion and not to something else. The Chairperson shall reject an amendment if the proposed amendment:

a) Is a direct negative, or contradiction, of the motion or has that effect.

b) Does not relate to the motion.

3.16 Motions of dissent

3.16.1 A Councillor can, without notice, move to dissent from the ruling of the Chairperson on a point of order. If that happens, the Chairperson must suspend the business before the meeting until a decision is made on the motion of dissent. (Reg – Cl 248(1))

Note: A point of order occurs where a person formally draws the attention of the Chairperson of a meeting to an alleged irregularity in the proceedings of the meeting.

3.16.2 If a motion of dissent is passed, the Chairperson must proceed with the suspended business as though the ruling dissented from had not been given. If, as a result of the ruling, any motion or business has been discharged as out of order, the Chairperson must restore the motion or business to the agenda and proceed with it in due course. (Reg – Cl 248(2))

3.16.3 Only the mover of a motion of dissent and the Chairperson can speak to the motion before it is put. The mover of the motion does not have a right of general reply. (Reg – Cl 248(3))

3.17 Questions may be put to Councillors and Council employees

3.17.1 A Councillor:

a) may, through the Chairperson, put a question to another Councillor.

b) may, through the Chairperson and the General Manager, put a question to a Council employee. (Reg - Cl 249(1))

3.17.2 However, a Councillor or Council employee to whom a question is put is entitled to be given reasonable notice of the question and, in particular, sufficient notice to enable reference to be made to other persons or to documents. (Reg - Cl 249(2))

3.17.3 Any such question must be put directly, succinctly, and without argument. (Reg - Cl 249(3))

3.17.4 The Chairperson must not permit discussion on any reply or refusal to reply to a question put to a Councillor or Council employee under this Clause. (Reg - Cl 249(4))

3.17.5 If a question is asked of a member of staff that requires time to respond, the question will be taken on notice and recorded in the minutes.

3.18 Limitation as to number of speeches

3.18.1 A Councillor who, during a debate at a meeting of Council, moves an original motion has the right of general reply to all observations that are made by Councillors during the debate in relation to the motion and to any amendment to it, as well as the right to speak on any such amendment. (Reg - Cl 250(1))

3.18.2 A Councillor, other than the mover of an original motion, has the right to speak once on the motion and once on each amendment to it. (Reg - Cl 250(2))

3.18.3 A Councillor must not, without the consent of Council, speak more than once on a motion or an amendment, or for longer than five minutes at any one time. However, the Chairperson may permit a Councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment, and for longer than five minutes on that motion or amendment to enable the Councillor to make a statement limited to explaining the misrepresentation or misunderstanding. (Reg - Cl 250(3))

3.18.4 Despite sub-clause 3.18.3, a Councillor may move that a motion or an amendment be now put:

a) if the mover of the motion or amendment has spoken in favour of it and no Councillor expresses an intention to speak against it.

b) if at least two Councillors have spoken in favour of the motion or amendment and at least two Councillors have spoken against it. (Reg - Cl 250(4))

3.18.5 The Chairperson must immediately put to the vote, without debate, a motion moved under sub-clause 3.18.4. A seconder is not required for such a motion. (Reg - Cl 250(5))

3.18.6 If a motion that the original motion or an amendment be now put is passed, the

Chairperson must, without further debate, put the original motion or amendment to

the vote immediately after the mover of the original motion has exercised his or her

right of reply under sub-clause 3.18.1. (Reg – Cl 250 (6))

3.18.7 If a motion that the original motion or an amendment be now put is rejected, the Chairperson must allow the debate on the original motion or the amendment to be resumed. (Reg - Cl 250(7))

3.19 Motions put without debate

3.19.1 Provided there is no objection from any Councillor present, any motion or recommendation before Council may be put to the vote without discussion or debate.

3.20 Voting at Council Meetings

3.20.1 Each Councillor is entitled to one vote. (Act - S 370(1))

3.20.2 However, the Chairperson has, in the event of an equality of votes, a second or casting vote. (Act - S 370(2))

3.20.3 A Councillor who is present at a meeting of Council but who fails to vote on a motion put to the meeting is taken to have voted against the motion. (Reg - Cl 251(1)).

3.20.4 The Chairperson in using a casting vote does not need to vote the same way on their first and second vote.

3.20.5 Should the Chairperson fail to exercise a casting vote, the motion being voted on would be lost.

3.20.6 If a Councillor who has voted against a motion put at a Council meeting so requests, the General Manager must ensure that the Councillor’s dissenting vote is recorded in Council minutes. (Reg - Cl 251(2)).

3.20.7 The decision of the Chairperson as to the result of a vote is final, unless: (Reg - Cl 251(3))

a) in the case where a vote has been declared on the voices, a Councillor immediately requests a show of hands; or

b) the decision is immediately challenged and not fewer than two Councillors rise and demand a division. (Reg - Cl 251(3)).

3.20.8 A division is a means by which the support or objection to a motion is easily seen and recorded.

3.20.9 When a division on a motion is demanded by two Councillors, the Chairperson must ensure that the division takes place immediately. The General Manager must ensure that the names of those who vote for the motion and those who vote against it are respectively recorded in Council minutes. (Reg - Cl 251(4))

3.20.10 Voting at a Council meeting, including voting in an election at such a meeting, is to be by open means (such as on the voices or by show of hands). However, Council may resolve that the voting in an election by Councillors for Mayor and Deputy Mayor is to be by secret ballot. (Reg – Cl 251(5))

Note: The Local Government (General) Regulation 2005 provides that a Council is to resolve whether an election by the Councillors for Mayor or Deputy Mayor is to be by preferential ballot, ordinary ballot or open voting (Clause 394 and Clause 3 of schedule 7). Clause 3 of schedule 7 of the Regulation also makes it clear that “ballot” has its normal meaning of secret ballot.

3.20.11 Voting on any planning decision is to be via a division and a record of voting included in the minutes.

3.20.12 “Planning decision” means a decision made in the exercise of a function of Council under the Environmental Planning and Assessment Act 1979:

a) Including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

b) Not including the making of an order under Division 2A of Part 6 of that Act.

3.20.13 The General Manager is required to keep a register containing, for each planning decision made at a meeting of Council or a Council Policy Committee, the names of the Councillors who supported the decision and the names of any Councillors who opposed (or are taken to have opposed) the decision.

3.20.14 For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of Council or Policy Council Committee.

3.20.15 Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the Regulations.

3.20.16 This section extends to a meeting that is closed to the public.

3.20.17 Voting on any tender decision is to be via a division and record of voting included in the minutes.

3.21 Representations by members of the public – closure of part of meeting

3.21.1 A representation at a Council meeting by a member of the public as to whether a part of the meeting should be closed to the public, can only be made for a period of one minute, (ie - each member of the public will be limited to speaking for no more than one minute each) immediately after the motion to close the part of the meeting is moved and seconded. (Reg - Cl 252)

3.21.2 The Mayor, or the Chairperson of the Council meeting, may allow only such number of members of the public to make representations on the proposed closure as is sufficient, in the opinion of the Mayor or Chairperson, to enable Council to gauge the views of the members of the public present.

3.21.3 The process that will be followed for public representations will be:

Step 1 Mayor or Chairperson announces those items listed for consideration by a closed meeting.

Step 2 Mayor or Chairperson asks of General Manager if any written representations have been received, or if any member present in the public gallery wishes to make a verbal representation. Each verbal representation will be limited to one minute per person.

Step 3 After the verbal representations (if any) the Mayor or Chairperson puts the Motion to consider items in a Closed Meeting.

Step 4 When that matter has been decided, the persons who made the verbal representations should be informed as to whether the matter will be discussed in open, or Closed Council.

Step 5 When the subject matter is decided at Step 3, there will be two ways that the matter can be dealt with - either Council decided to deal with the matter in a Closed Meeting (despite the representations), or Council decided to deal with the matter in Open Council. Depending on the decision of Council, these matters will then be dealt with as follows:

a) If decided to be dealt with in Closed Meeting - continue with the business in the ordinary course

b) If decided to be dealt with in open Council – the matter which has been the subject of representations is dealt with as the last item in the Meeting.

3.22 Decisions of the Council

3.22.1 A decision supported by a majority of the votes at a meeting of Council at which a quorum is present is a decision of Council. (Act - S 371)

3.22.2 Council is a body politic of the State with perpetual succession and the legal capacity and powers of an individual (Act-S220). This means that Council is legally separate from the Councillors on it, and that Council decisions are not affected by changes in the Councillors.

3.23 Council decision making during election periods

3.23.1 Council is expected to assume a ‘care-taker’ role during election periods to ensure that major decisions are not made which limit the actions of an incoming Council.

3.24 Resolutions passed at closed Meetings to be made public

3.24.1 If Council passes a resolution during a meeting, or a part of a meeting, that is closed to the public, the Chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended. (Reg – Cl 253)

3.25 Rescinding or altering resolutions

3.25.1 A resolution passed by Council may not be altered or rescinded except by a motion to that effect of which notice has been duly given in accordance with this Code (Act - S 372(1))

3.25.2 If it is proposed to move a further motion in the event that a rescission motion is carried, the required notice may also be given of the proposed further motion.

3.25.3 If a notice of motion to rescind or alter a resolution is given:

a) at the meeting at which the resolution is carried, the resolution must not be carried into effect until the motion of rescission or alteration has been dealt with; or (Act - 372 (2))

b) at any time after the meeting at which the resolution was passed such Notice of motion to rescind does not prevent the carrying into effect of the resolution pending the determination of the notice of motion for rescission, unless such motion for rescission is received by 12 noon on the working day immediately after the meeting.

3.25.4 If a motion has been negatived by Council, a motion having the same effect must not be considered unless notice of it has duly been given in accordance with Clause 18. (Act - S 372 (3))

3.25.5 A notice of motion to alter or rescind a resolution, and a notice of motion which has the same effect as a motion which has been negatived by Council, must be signed by at least three Councillors if less than three months has elapsed since the resolution was passed, or the motion was negatived, as the case may be. (Act - S 372 (4))

3.25.6 If a motion to alter or rescind a resolution has been negatived, or if a motion which has the same effect as a previously negatived motion, is negatived, no similar motion may be brought forward within three months. This sub-clause may not be evaded by substituting a motion differently worded, but in principle the same. (Act - S 372(5))

3.25.7 A motion to which this Clause applies may be moved on the report of a Policy Committee of Council and any such report must be recorded in the minutes. (Act - S 372(6))

3.25.8 The provisions of this Clause concerning negatived motions do not apply to motions of adjournment. (Act - S 372(7))

3.25.9 Where verbal notice of a rescission motion is given at a Council or Policy Committee Meeting, the Councillor(s) providing that notice must provide the signed, written rescission motion to the General Manager within two days of the meeting.

3.26 Petitions

3.26.1 Petitions may be submitted to Council in writing (other than pencil) or in electronic form. The specific issue addressed in the petition and the number of signatories may be included in the Council business paper, but details of signatories will not.

3.26.2 Petitions submitted to Council must include:

a A clear and concise statement covering the subject matter of the petition. The statement should state what action petitioners want Council to take

b The name, address and signature or email address in the case of electronic petitions, of any person supporting the petition

c The name, address and contact details of the main petition contact.

3.26.3 Petitions that relate to operational matters will be referred to the General Manager.

PART 4 - KEEPING ORDER AT MEETINGS

4.1 Questions of order

4.1.1 Councillors must act honestly and reasonably in carrying out of functions (Act S 439). Guidance on acceptable conduct can be found in Council’s Code of Conduct.

4.1.2 The Chairperson, without the intervention of any other Councillor, may call any Councillor to order whenever, in the opinion of the Chairperson, it is necessary to do so. (Reg - Cl 255(1))

4.1.3 A Councillor who claims that another Councillor has committed an act of disorder, or is out of order, may call the attention of the Chairperson to the matter. (Reg - Cl 255(2))

4.1.4 The Chairperson must rule on a question of order immediately after it is raised but, before doing so, may invite the opinion of Council. (Reg - Cl 255(3))

4.1.5 The Chairperson’s ruling must be obeyed unless a motion dissenting from the ruling is passed. (Reg - Cl 255(4))

4.1.6 The Chairperson may reject any motion, amendment, or other matter which is, in the opinion of the Chairperson, out of order, before it is moved or seconded.

4.2 Acts of disorder

4.2.1 A Councillor commits an act of disorder if the Councillor, at a meeting of Council or a Policy or Community Committee of Council:

a) contravenes the Act, any regulation in force under the Act.

b) assaults or threatens to assault another Councillor or person present at the meeting.

c) moves or attempts to move a motion or an amendment that has an unlawful purpose or that deals with a matter that is outside the jurisdiction of Council or Policy or Community Committee, or addresses or attempts to address Council or Policy or Committee Community on such a motion, amendment or matter.

d) insults or make personal reflections on or imputes improper motives to any other Councillor or staff member

e) says or does anything that is inconsistent with maintaining order at the meeting or is likely to bring Council or Policy or Community Committee into contempt (Reg - Cl 256(1))

4.2.2 The Chairperson may require a Councillor:

a) to apologise without reservation for an act of disorder referred to in sub-clause 4.2.1(a) or 4.2.1(b).

b) to withdraw a motion or an amendment referred to in sub-clause 4.2.1(c) and, where appropriate, to apologise without reservation.

c) to retract and apologise without reservation for an act of disorder referred to in sub-clause 4.2.1(d). (Reg - Cl 256(2))

4.2.3 A Councillor may, as provided by section 10(2)(a) or (b) of the Act, be expelled from a meeting of Council or from a Policy or Community Committee by the Chairperson presiding at the meeting, for having failed to comply with a requirement under sub-clause 4.2.2. The expulsion of a Councillor under this sub-clause does not prevent any other Action from being taken against the Councillor for the act of disorder concerned. (Reg - Cl 256(3) & Act - S10 (2))

4.3 How disorder at a meeting may be dealt with

4.3.1 If disorder occurs at a meeting of Council or Policy or Community Committee, the Chairperson may adjourn the meeting for a period of not more than 15 minutes and leave the Chair. Council, on reassembling, must, on a question put from the Chairperson, decide without debate whether the business is to be proceeded with or not. This sub-clause applies to disorder arising from the conduct of members of the public as well a disorder arising from the conduct of Councillors. (Reg - Cl 257(1))

4.3.2 A member of the public may be expelled from a meeting of Council or from a Policy or Community Committee by the Chairperson presiding at the meeting, for engaging in or having engaged in disorderly conduct at the meeting. (Reg - Cl 257(2) & Act - S 10 (2))

4.4 Power to remove persons from meeting after expulsion resolution

4.4.1 If a Councillor or a member of the public fails to leave the place where a meeting of a Council is being held:

a) immediately after Council has passed a resolution expelling the Councillor or member from the meeting.

b) where Council has authorised the person presiding at the meeting to exercise the power of expulsion - immediately after being directed by the person presiding to leave the meeting.

A police officer, or any person authorised for the purpose by Council or person presiding, may, by using only such force as is necessary, remove the Councillor or member from that place and, if necessary, restrain the Councillor or member from re-entering that place. (Reg Cl 258)

PART 5 – CLOSED COUNCIL

5.1 Closed Council

5.1.1 Council may resolve itself into a Closed Meeting to consider any matter before Council. (Act - S 373)

5.1.2 All the provisions of this Code relating to meetings of Council, so far as they are applicable, extend to and govern the proceedings of a Closed Meeting.

5.1.3 The General Manager or, in the absence of the General Manager, an employee of the Council designated by the General Manager, is responsible for reporting to the Council proceedings in a Closed Meeting. It is not necessary to report the proceedings in full but any recommendations of the Closed Meeting must be reported. (Reg - Cl 259(2))

5.1.4 Council must ensure that a report of the proceedings (including any recommendations of the Closed Meeting) is recorded in Council’s minutes. However, Council is not taken to have adopted the report until a motion for adoption has been made and passed. (Reg - Cl 259(3))

5.2 Exclusion of the public from Closed Meetings of Council

5.2.1 Council, or a Committee of Council of which all members are Councillors, may close to the public so much of its meeting as comprises:

a) the discussion of any of the matters listed in Clause 5.2.2.

b) the receipt or discussion of any of the information so listed.

5.2.2 The matters considered by a Closed meeting are restricted to:

a) personnel matters concerning particular individuals.

b) the personal hardship of any resident or ratepayer.

c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

d) commercial information of a confidential nature that would, if disclosed:

i) prejudice the commercial position of the person who supplied it.

ii) confer a commercial advantage on a competitor of Council.

e) reveal a trade secret.

f) information that would, if disclosed, prejudice the maintenance of law

matters affecting the security of Council, Councillors, Council staff or Council property.

g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground on legal professional privilege.

h) information concerning the nature and location of a place or an item of Aboriginal significance on community land. (Act – S 10A(1))

i) alleged contravention of any code of conduct requirements applicable under Section 440 (the Act)

5.2.3 For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that (Act – S 10B(4)):

a) a person may misinterpret or misunderstand the discussion, or

b) the discussion of the matter may:

i) cause embarrassment to the Council or to Councillors or to employees of the Council.

ii) cause a loss of confidence in the Council.

5.2.4 In deciding whether part of a meeting is to be closed to the public, the Council must have regard to any relevant guidelines issued by the Chief Executive of the Office of Local Government. (Act – S 10B(5)).

5.2.5 Part of a meeting of Council may be closed to the public while the Council considers a matter that has not been identified in the agenda for the meeting as a matter that is likely to be considered when the meeting is closed, but only if: (Act – S 10C)

a) it becomes apparent during the discussion of a particular matter that the matter is a matter referred to in sub-clause 5.2.2 and

b) the Council after considering any representations made under sub-clause 3.21 resolves that further discussion on the matter:

i) Should not be deferred (because of the urgency of the matter), and

ii) Should take place in a part of the meeting that is closed to the public.

5.2.6 The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting. (Act – S 10D(1)).

5.2.7 The grounds must specify the following (Act –S 10D (2)):

a) the relevant provision of Section 10A(2) of the Act.

b) the matter that is to be discussed during the closed part of the meeting.

c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

5.2.8 If Council passes a resolution during a meeting, or part of a meeting, that is closed to the public, the Chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended. (Reg –Cl253)

5.2.9 Once Council has finished business in a Closed meeting, it must formally resolve to move back into open Council.

PART 6 - COUNCIL COMMITTEES

6.1 Council may establish Committees

6.1.1 The Council may, by resolution, establish such Committees, as it considers necessary. (Reg - Cl 260(1))

6.1.2 A Policy Committee is to consist of the Mayor and such other Councillors as are elected by the Councillors or appointed by the Council. (Reg - Cl 260(2))

6.13 A Community Committee is to consist of the Councillors as nominated by Council, and other members as appointed by Council.

6.1.4 The quorum for a meeting of a Policy or Community Committee is to be:

a) such number of members as the Council decides; or

b) if the Council has not decided a number - a majority of the members of the Committee. (Reg - Cl 260(3))

6.2 Functions of Committees

6.2.1 Council must specify the functions of each of its Policy and Community Committees when the Committee is established, but may from time to time amend those functions. (Reg - Cl 261)

6.2.2 Working Parties, Community or Advisory Committees can make recommendations to Council but do not have power to make decisions or direct staff.

6.2.3 Policy Committees can make resolutions on matters in accordance with the delegation of the Committee as resolved by Council with the exception of any action that will alter the budgetary position of Council. Those items will be recommendations made to Council for consideration at a Council Meeting.

6.3 Notice of Committee Meetings to be given

6.3.1 The General Manager must send to each member Councillor, at least three clear days before each meeting of the Policy or Community Committee, a notice specifying:

a) the time and place at which and the date on which the meeting is to be held.

b) the business proposed to be transacted at the meeting. (Reg - Cl 262(1))

6.3.2 However, notice of less than three days may be given of a Policy or Community Committee meeting called in an emergency. (Reg - Cl 262(2))

6.4 Submission of reports or information to Council Committees

6.4.1 Notice of business (ie reports or information) for a Policy or Community Committee meeting must be in writing and lodged with the General Manager at least 10 days before the scheduled date of the meeting.

6.4.2 General business cannot be raised for consideration at a Policy or Community Committee Meeting if due notice has not been provided, or the Chairperson has ruled the matter as urgent.

6.5 Non-members entitled to attend Committee Meetings

6.5.1 A Councillor who is not a member of a Community Committee of the Council is entitled to attend, and to speak at, a meeting of the Community Committee. (Reg - Cl 263(1))

6.5.2 However, the Councillor is not entitled:

a) to give notice of business for inclusion in the agenda for the meeting.

b) to move or second a motion at the meeting.

c) to vote at the meeting. (Reg - Cl 263(2))

6.6 Procedure in Committees

6.6.1 Subject to sub-clause 3.6.1, each Policy or Community Committee of the Council may regulate its own order of business. (Reg - Cl 265(1))

6.6.2 No Policy Committee nor any Working Party, Community or Advisory Committee Chairperson will have a casting vote and any deadlocked decisions will be referred to the relevant Policy Committee or to Council if the matter arises at a Policy Committee Meeting.

6.6.3 Voting at a Policy or Community Committee meeting is to be by open means (such as on the voices or by show of hands). (Reg - Cl 265(3))

6.6.4 Voting at the Planning and Development Committee or Council Meeting in relation to any planning decision or tender is to be done by way of a division and voting recorded in the minutes.

6.7 Committee to keep Minutes

6.7.1 Each Policy and Community Committee of Council must ensure that full and accurate minutes of the proceedings of its meeting are kept. In particular, a Committee must ensure that the following matters are recorded in the Committee’s minutes:

a) details of each motion moved at a meeting and of any amendments moved to it.

b) the names of the mover and seconder of the motion or amendment.

c) whether the motion or amendment is passed or lost. (Reg - Cl 266(1))

d) if a motion is passed or lost on the casting vote of the Chairman, a statement to that effect.

6.7.2 Following the conduct of a Community Committee Meeting, the Chairperson will be requested by the Committee Clerk to confirm the minutes of the meeting are a true and accurate record of the meeting. The minutes can then be presented to Council for consideration.

6.7.3 As soon as the minutes of an earlier meeting of a Community Committee of the Council have been confirmed at a later meeting of the Committee, the person presiding at the later meeting must sign the minutes of the earlier meeting. (Reg – Cl 266(2))

6.8 Chairperson and Deputy Chairperson of Committees

6.8.1 The Chairperson of each Policy and Community Committee of Council, must be:

a) the Mayor.

b) if the Mayor does not wish to be the Chairperson of a Policy or Community Committee - a member of the Committee elected by Council. (Reg – Cl 267(1))

c) if the Council does not elect such a member - a member of the Committee elected by the Committee. (Reg - Cl 267(1))

6.8.2 Council may elect a member of a Policy or Community Committee of Council as Deputy Chairperson of the Committee. If Council does not elect a Deputy Chairperson of such a Committee, the Committee may elect a Deputy Chairperson. (Reg - Cl 267(2))

6.8.3 If neither the Chairperson nor the Deputy Chairperson of a Policy or Community Committee of Council is able or willing to preside at a meeting of the Committee, the Committee must, prior to the consideration of any business, elect a member of the Committee to be Acting Chairperson of the Committee. (Reg - Cl 267(3))

6.8.4 The Chairperson is to preside at a meeting of a Policy or Community Committee of Council. If the Chairperson is unable or unwilling to preside, the Deputy Chairperson is to preside at the meeting, but if neither the Chairperson nor the Deputy Chairperson is able or willing to preside, the Acting Chairperson is to preside at the meeting. (Reg - Cl 267(4))

6.9 Absence from Committee Meetings

6.9.1 A member (other than the Mayor) ceases to be a member of a Community Committee if the member:

a) has been absent from three consecutive meetings of the Community Committee without having given reasons acceptable to the Community Committee for the member’s absences.

b) has been absent from at least half of the meetings of the Community Committee held during the immediately preceding year without having given to the Community Committee acceptable reasons for the member’s absences. (Reg - Cl 268(1))

6.9.2 Sub-clause 6.8.1 does not apply in respect of a Policy Committee that consists of all of the members of Council. (Reg - Cl 268(2))

Note: The expression “year” means the period beginning 1 July and ending the following 30 June.

6.10 Reports of Policy and Community Committees

6.10.1 If in a report of a Policy or Community Committee distinct recommendations are made, the decision of Council may be made separately on each recommendation. (Reg - Cl 269(1))

6.10.2 The recommendations of a Policy or Community Committee are, so are as adopted by the Council, resolutions of Council. (Reg - Cl 269(2))

6.11 Disorder in Committee Meetings

6.11.1 The provisions of the Act, the Regulation and this Code relating to the maintenance of order in Council meetings apply to meetings of Policy and Community Committees of Council in the same way as they apply to meetings of Council. (Reg - Cl 270)

6.12 Committee may expel certain persons from its Meetings

6.12.1 If a meeting or a part of a meeting of a Policy Committee is closed to the public in accordance with section 10A of the Act, any person who is not a Councillor may be expelled from the meeting as provided by Section 10 (2) (a) or (b) of the Act. (Reg – Cl 271(1))

6.12.2 If any such person, after being directed, or notified of a direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the person presiding, may, by using only such force as is necessary, remove the member of the public from that place and, if necessary, restrain the member of the public from re-entering that place. (Reg Cl 271(2))

6.13 Committees shall not have power to incur expenditure

6.13.1 A Policy or Community Committee (with the exception of the Sustainable Development Committee) shall not have power to incur expenditure or to bind the Council. Recommendations or reports of Policy or Community Committees shall not have effect unless and until adopted by the Council. Provided that Council may delegate to Policy or Community Committees functions of inspection and supervision, and any orders which a Policy or Community Committee may find it necessary to give in pursuance of any such delegation shall be given to or through the General Manager.

6.14 Inspection Committees

6.14.1 Inspection Committees shall not have the power to make decisions.

6.14.2 Council may undertake inspections of sites, projects or proposals to allow Councillors to collect information to support their decision-making.

6.14.3 Any such inspection is for information purposes only no formal decisions can be made.

PART 7 - PECUNIARY INTERESTS

7.1 Pecuniary Interest

7.1.1 For the purposes of this Part, a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated as provided in Clause 7.2.1. (Act – S 442 (1))

7.1.2 A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Clause 7.2.2. (Act – S 442 (2))

7.2 Persons who have a Pecuniary Interest

7.2.1 For the purposes of this Part, a person has a pecuniary interest in a matter if the pecuniary interest is the interest of:

a) the person.

b) the person’s spouse or de facto partner or a relative of the person, or a partner or employer of the person.

c) a company or other body of which the person, or a nominee, partner or employer of the person, is a member (Act – S 443(1))

7.2.2 However, a person is not taken to have a pecuniary interest in a matter as referred to in sub-section 7.2.1(b) or (c):

a) if the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body.

b) Just because the person is a member of, or employed by, a Council or a statutory body or employed by the crown.

c) Just because the person is a member of, or delegate of a Council to, a company or other body that has a pecuniary interest in the matter, so long as the person has not beneficial interest in any shares of the company or body. (Act – S 443(3))

7.3 What Interests do not have to be disclosed

7.3.1 The following interests do not have to be disclosed for the purposes of this Part:

a) an interest as an elector.

b) an interest as a ratepayer or a person liable to pay a charge.

c) an interest in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to the public generally, or to a section of the public that includes persons who are not subject to this Part.

d) an interest in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to a relative of the person by the Council in the same manner and subject to the same conditions as apply to persons who are not subject to this Part.

e) an interest as a member of a club or other organisation or association, unless the interest is as the holder of an office in the club or organisation (whether remunerated or not).

f) an interest of a member of a Council Community Committee as a person chosen to represent the community or as a member of a non-profit organisation or other community or special interest group if the Community Committee member has been appointed to represent the organisation or group on the Community Committee.

g) an interest in a proposal relating to the making, amending, altering or repeal of an environmental planning instrument, other than an instrument that effects a change of permissible uses of:

i) land in which the person or another person with whom the person is associated as provided in 7.2.1 or 7.2.2 has a proprietary interest (which, for the purposes of this paragraph, includes any entitlement to the land at law or in equity and any other interest or potential interest in the land arising out of any mortgage, lease, trust, option or contract, or otherwise); or

ii) land adjoining, or adjacent to, or in proximity to land referred to in sub-clause 7.2.2.

if the person or the other person, company or body referred to in 7.2.1 or 7.2.2 would by reason of the proprietary interest have a pecuniary interest in the proposal.

h) an interest relating to a contract, proposed contract or other matter if the interest arises only because of a beneficial interest in shares in a company that does not exceed 10 per cent of the voting rights in the company.

i) an interest of a person arising from the proposed making by Council of an agreement between Council and a corporation, association or partnership, being a corporation, association or partnership that has more than 25 members, if the interest arises because a relative of the person is a shareholder (but not a director) of the corporation or is a member (but not a member of the Community Committee) of the association or is a partner of the partnership.

j) an interest of a person arising from the making by Council of a contract or agreement with a relative of the person for or in relation to any of the following, but only if the proposed contract or agreement is similar in terms and conditions to such contracts and agreements as have been made, or as are proposed to be made, by Council in respect of similar matters with other residents of the area:

i) the performance by Council at the expense of the relative of any work or service in connection with roads or sanitation.

ii) security for damage to footpaths or roads.

iii) any other service to be rendered, or Act to be done, by Council by or under any Act conferring functions on Council or by or under any contract.

k) an interest relating to the payment of fees to Councillors (including the Mayor and Deputy Mayor).

l) an interest relating to the payment of expenses and the provision of facilities to Councillors (including the Mayor and Deputy Mayor) in accordance with a policy under Section 252 of the Act.

m) an interest relating to an election to the office of Mayor arising from the fact that a fee for the following 12 months has been determined for the Office of Mayor.

n) an interest of a person arising from the passing for payment of a regular account for wages or salary of an employee who is a relative of the person.

o) an interest arising from being covered by, or a proposal to be covered by, indemnity insurance as a Councillor or member of a Council Community Committee.

p) an interest arising from appointment of a Councillor to a body as representative or delegate of Council, whether or not a fee or other recompense is payable to the representative of delegate.

7.4 Disclosure and participation in Meetings – Councillors or members of Policy or Community Committees

7.4.1 A Councillor, or a member of a Council Community Committee, who has a pecuniary interest in any matter with which Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. (Act - S 451(1))

7.4.2 A general notice given to the General Manager in writing by a Councillor or a member of a Council Community Committee to the effect that the Councillor or member, or the Councillor’s or member’s spouse, de facto partner or relative, is:

a) member, or in the employment, of a specified company or other body.

b) a partner, or in the employment, of a specified person.

unless and until the notice is withdrawn, sufficient disclosure of the Councillor’s or member’s interest in a matter relating to the specified company, body or person that may be the subject of consideration by the Council or Council Committee after the date of the notice. (Act – S 454)

7.4.3 The Councillor or member must not be present at, or in sight of, the meeting of the Council or Community Committee:

a) at any time during which the matter is being considered or discussed by Council or Community Committee.

b) at any time during which Council or Committee is voting on any question in relation to the matter. (Act - S 451 (2))

7.4.4 Councillors or members banned from taking part in a discussion because of a Pecuniary Interest cannot escape this by addressing the meeting as a resident or ratepayer.

7.4.5 A Councillor or member of a Council Community Committee does not breach this Clause if the Councillor or member of a Council Community Committee did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest. (Act - S 457)

7.5 Non-Pecuniary Conflicts of Interest

7.5.1 A non-pecuniary conflict of interest is any private or personal interest, which does not amount to a pecuniary interest. Examples are friendship, membership of an association or involvement or interest in an activity.

7.5.2 Dealing with non-pecuniary interests.

If a Councillor has declared a non-pecuniary conflict of interests he/she has a broad range of options for managing the conflict. The option he/she chooses will depend on an assessment of the circumstances of the matter, the nature of his/her interest and the significance of the issue being dealt with. He/she must deal with a non-pecuniary conflict of interests in at least one of these ways:

a) It may be appropriate that no action is taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

b) Limit involvement if practical (for example, participate in discussion but not in decision making or vice versa). Care needs to be taken when exercising this option.

c) Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict).

d) Have no involvement by absenting himself/herself from and not taking part in any debate or voting on the issue as if the provisions in Section 451(2) of the Act apply (particularly is he/she has a significant non-pecuniary conflict of interest.)

e) A Councillor who has a non-pecuniary interest in a matter before Council of the type that could reasonably be perceived to influence the Councillors actions shall disclose the interest and the nature of the interest to the meeting as soon as practicable.

7.5.3 If it is the intention of the Councillor to participate in the consideration of the matter and/or vote on the matter, that intention is to be made known at the time the declaration is made.

7.5.4 If the relationship is sufficiently strong, the Councillor may consider vacating the Chamber whilst the matter is under consideration.

7.6 Disclosures by Advisors

7.6.1 A person giving advice to Council at a Council or Committee meeting must disclose the nature of any pecuniary interest the person has in the matter to the meeting at the time the advice is given.

7.7 Disclosures to be recorded

7.7.1 A disclosure made at a meeting of the Council or Policy or Community Committee must be recorded in the minutes of the meeting. (Act - S 453)

PART 8 - MISCELLANEOUS

8.1 Office of Councillor and Mayor

8.1.1 All Councillors start holding office on the day the person is declared to be elected (Act S.233(2)). All Councillors, other than the Mayor, stop holding office of the day of the Ordinary election (s.233(2)).

8.1.2 The Mayor holds office until his or her successor is declared elected (s.230(3)).

8.2 Information relating to Proceedings at Closed Meetings not to be Disclosed

8.2.1 If a meeting or part of a meeting of the Council is closed to the public in accordance with Part 5 a person must not, without the authority of Council disclose, otherwise than to Council or to a Councillor, information with respect to the discussion at, or the business of, the meeting. (Act - S 664 (1A))

8.2.2 Sub-clause 8.2.1 does not apply to the recommendation of a Policy Committee after it has been presented to the Council (Act - S 664 (1B)(a))

8.2.3 The requirements for use and security of confidential information (provided to Councillors and members of Council Community Committees) are, in accordance with the adopted Code of Conduct:

8.2.3a Councillors and Committee members must maintain the integrity and security of confidential documents or information in their possession, or for which they are responsible

8.2.3b In addition to Councillors and Committee members’ general obligations relating to the use of Council information, Councillors and Committee members must:

a protect confidential information

b only release confidential information if they have authority to do so

c only use confidential information for the purpose it is intended to be used

d not use confidential information gained through their official position for the purpose of securing a private benefit for themselves or any other person

e not use confidential information with the intention to cause harm or detriment to the Council or any other person or body

f not disclose any information discussed during a confidential session of a Council Meeting.

8.2.4 Where the conduct is also a breach of the Act, fines may apply (Act – S664)

8.2a Misuse of confidential information and influence

8.2A.1 Councillors and Committee members must not disclose any information obtained from any Council or Policy Committee Meeting, Councillor briefing or information session marked as confidential, in connection with the administration or execution of the Act unless that disclosure is made:

(a) with the consent of the person from whom the information was obtained, or

(b) in connection with the administration or execution of the Act, or

any such proceedings, or

(d) in accordance with a requirement imposed under the Ombudsman Act 1974 or

the Government Information (Public Access) Act 2009, or

(e) with other lawful excuse (Act S664(1a)

8.2A.2 Councillors and Committee members must not use, either directly or indirectly, information acquired in that capacity, being information that is not generally known or is marked confidential, for the purpose of gaining either directly or indirectly a financial advantage for themselves, their spouse or de facto partner or a relative (Act S664(2))

8.2A.3 Councillors and Committee members where in a position to do so, must not, for the purpose of gaining either directly or indirectly an advantage for themselves, their spouse or de facto partner or a relative, influence:

(a) the determination of an application for an approval, or

(b) the giving of an order (Act S664(3))

8.2A.4 Where the conduct is also a breach of the Act, fines may apply (Act S 664)

8.3 Inspection of the Minutes of Council

8.3.1 An inspection of the minutes of Council or Policy or Community Committee is to be carried out under the supervision of the General Manager or an employee of Council designated by the General Manager to supervise inspections of those minutes. (Reg - Cl 272 (1)) A copy of the minutes of the Ordinary meetings of Council shall be made available for display in the Orange City Library.

8.3.2 A copy of the minutes of the Ordinary meetings of Council shall be made available on Council’s website.

8.3.3 The General Manager must ensure that the minutes of Council and any minutes of a Committee are kept secure and in safe custody and that no unauthorised person is allowed to interfere with them. (Reg - Cl 272(2))

8.4 Tape recording of Council or Policy or Community Committee Meetings prohibited without permission

8.4.1 A person may use a tape recorder to record the proceedings of a meeting of Council or a Policy or Community Committee only with the authority of Council or the Committee. (Reg - Cl 273 (1))

8.4.2 A person may be expelled from a Council meeting by the Mayor or from a Council Policy or Community Committee meeting by the Chairperson of a Council Policy or Community Committee, for having used a tape recorder in contravention of this Clause. (Reg - Cl 273 (2))

8.4.3 Television cameras or audiotapes are permitted to be operated by recognised media, upon resolution of Council.

8.4.4 If any such person, after being notified of a direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the person presiding, may, by using only such force as is necessary, remove the first - mentioned person from that place and, if necessary, restrain that person from re-entering that place. (Reg - Cl 273 (3))

8.4.5 In this Clause, tape recorder includes a video camera and any electronic device capable of recording speech, whether a magnetic tape is used to record or not. (Reg - Cl 273(4))

8.5 Council presentations

8.5.1 The General Manager may determine whether a presentation will be made to a Council or Policy or Community Committee meeting by a Council officer, a consultant commissioned by Council, or any other presenter so invited by Council to address the Policy or Community Committee.

8.6 Smoking on Council’s premises

8.6.1 Smoking will not be permitted at any Council meeting or any Policy or Community Committee meeting held on Council premises or attended by Council staff. This is in accordance with Council’s Smoke Free Workplace policy, and will remain in force despite any change which may occur in that policy in the future.

8.7 Attendance of General Manager at Meetings

8.7.1 The General Manager is entitled to attend, but not to vote at, a meeting of Council or a meeting of a Policy Committee of which all the members are Councillors.

8.7.2 The General Manager is entitled to attend a meeting of any other Community Committee of Council and may, if a member of the Committee, exercise a vote.

8.7.3 The General Manager may be excluded from a meeting of Council while the Council deals with a matter relating to the standard performance of the General Manager or the terms of the employment of the General Manager (Act - S 376)

8.7.4 The General Manager (or nominee) will attend each Council and Policy and Community Committee meeting.

8.8 Common Seal

8.8.1 The Council Seal must be kept by the Mayor or the General Manager, as the Council determines (Reg – Cl 400(1)).

8.8.2 The Council Seal may be affixed to a document only in the presence of:

a) the Mayor and General Manager, or

b) at least one Councillor (other than the Mayor) and the General Manager, or

c) the Mayor and at least one other Councillor, or

d) At least two Councillors other than the Mayor. (Reg – Cl 400(2))

8.8.3 The affixing of the Council Seal to a document has no effect unless the persons who

were present when the Seal was affixed (being persons referred to in sub-clause 8.8.2)

attest by their signatures that the Seal was affixed in their presence. (Reg – Cl 400 (3))

8.8.4 The Seal of Council must not be affixed to a document unless the document relates to the business of Council, and Council has resolved (by resolution specifically referring to the document) that the Seal be so affixed. (Reg - Cl 400(4))

8.8.5 For the purposes of sub-clause 8.8.4, a document in the nature of a reference or certificate of services for an employee of Council does not relate to the business of Council. (Reg - Cl 400(5))

8.9 Mobile phones and digital audio players and portable multimedia players

8.9.1 Councillors, staff and members of the public are not permitted to use a mobile phone, digital audio player and portable multimedia players during the course of a Council meeting.

8.10 Amendment of Code

8.10.1 The Code may be amended only in accordance with the provisions of Division 1, Part 2, of the Act, which requires the preparation, public notice and public exhibition of the draft code prior to adoption by Council.

APPENDIX ONE

Orange City council

councillor leave of absence

cOUNCILLOR NAME__________________________________________________________

Wish to apply for leave of absence for the Council meeting(s) scheduled for

__________________________________________ Date of Meeting

As well as any committee meetings that may be held over the period of

__________________________________ to______________________________________

DATE DATE

Signed Cr ____________________________________________________________________

Dated ______________________________________________________________________

Received by staff member _______________________________________________________

Signed ________________________________________ Date _______________________

SPEAKER REGISTRATION - ORANGE CITY COUNCIL

OPEN FORUM

As a member of the public, you are invited to address Council on a matter listed for consideration by Council in the meeting, as part of the Open Forum.

The maximum speaking time is five minutes per speaker. The Open Forum will run for 30 minutes.

Oral presentations can be made, however no electronic presentations are permitted.

Please complete the section below, and provide to a Council Staff Member, at least five minutes before the start of the Forum.

Please be advised that speakers need to be aware that they have no protection from action in response to any comments they may make.

Name ...........................................................................................................................................

Address .......................................................................................................................................

......................................................................................................................................................

Phone ..........................................................................................................................................

Organisation ...............................................................................................................................

......................................................................................................................................................

Date of Meeting ..........................................................................................................................

Topic for discussion.....................................................................................................................

......................................................................................................................................................

Relates to Item in Meeting Agenda...........................................................................................

......................................................................................................................................................

I HAVE READ AND UNDERSTAND THE CONDITIONS OF THE CONDUCT AND UNACCEPTABLE BEHAVIOUR AT THE OPEN FORUM AS SET OUT OVERLEAF.

Signature .......................................................................... Date ...............................................

THE INFORMATION SUPPLIED BY YOU IS PRIVATE INFORMATION FOR THE PURPOSES OF THE PRIVACY AND PERSONAL INFORMATION PROTECTION ACT. YOUR INFORMATION IS BEING COLLECTED BY COUNCIL AND MAY BE USED IN THE FUTURE TO PROVIDE FEEDBACK ON ANY ISSUE RAISED. THE INFORMATION WILL NOT BE USED FOR ANY OTHER PURPOSE, AND YOU CAN ELECT NOT TO PROVIDE PARTICULAR DETAILS, HOWEVER YOUR NAME AND THE TOPIC FOR DISCUSSION MUST BE SUPPLIED.

SPEAKER REGISTRATION – ORANGE CITY COUNCIL – OPEN FORUM

Conduct

Essentially the principles of Council’s Code of Conduct should be expected of each speaker who addresses the Council, Committee or Forum.

Those principles incorporate integrity, objectivity, accountability, openness, honesty and respect.

The Open Forum does not provide private parliamentary privilege to either speakers, Councillors or staff.

Speakers are expected

· To behave in a manner that does not cause any reasonable person unwarranted offence or embarrassment.

· To act lawfully, honestly and to exercise a degree of care and diligence in the comments made.

· To observe the highest standards of honesty and integrity and to avoid conduct (verbal/actions) that might suggest any departure from the key principles of conduct.

· To be frank, honest and open when presenting to Council.

· To avoid any behaviour that could be deemed to be an act of disorder or misbehaviour such as insults or personal reflections on or imputes improper motives when discussing others.

· To not behave in a manner that might be considered to be threatening to or harassment of Councillors or Council staff.

Unacceptable behaviour at the Open Forum

Persons who conduct themselves in a manner considered by any reasonable person, to be disorderly, will be expelled from the forum in a similar manner as that provided under the Meetings Regulations for Council and Committee meetings (Section 258) Local Government (General) Regulation 2005.

Should the behaviour of a speaker and/or audience be such that the Mayor/Chairperson of the forum deems if necessary to discontinue a particular section of the forum, then the following will apply:

· the speaker and/or persons will be asked to discontinue the offensive behaviour;

· the speaker and/or persons may be asked to leave the building where the meeting is being held;

· a Police Officer or any person authorised for the purpose by Council, or the person presiding may, by using only such force as is necessary, remove the person/persons from the building and if necessary restrain that person from re-entering the building;

· the person may be advised to correspond in future with Council via mail or email and/or Council’s appointed legal representative.

Council Meeting 22 June 2017

5.13 Industry Led Tourism Entity Proposal

TRIM REFERENCE: 2017/1018

AUTHOR: Kathy Woolley, Director Corporate and Commercial Services

EXECUTIVE Summary

Council has received a proposal seeking funding for services to be delivered by an industry led regional tourism entity, tentatively referred to as Orange Region Tourism Limited.

The assessment of the proposal is presented to Council with recommendations to offer a performance based funding agreement pending advice on the need for ministerial approval on the formation of the Entity.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “10.1 Our Economy – Capitalise on the character and lifestyle of Orange to enhance tourism”.

Financial Implications

The proposal seeks a contribution from the three councils, Orange, Blayney and Cabonne as shown below:

Council	2017/18	2018/19	2019/20
Orange City Council	$377,000	$386,425	$396,086
Blayney Shire Council	$50,000	$51,250	$52,531
Cabonne Council	$64,000	$65,600	$67,240

The proposal is modelled on a 2.5% increase p.a. in the councils’ contributions. Council is modelling CPI increases of 1.8% p.a. due to the limited rate increase and low CPI currently applicable.

Council has included in the exhibited draft Delivery/Operational Plan an allocation for outsourced regional tourism services. Council has had services contracted out since 2010. The proposal seeks slightly higher than available funds based on what has been budgeted. These amounts are minor however and even with the higher CPI figure used in the proposal, equate to just over $2,600 in 2018/19 and just over $5,300 in 2019/20 above the budgeted figure so the differences are immaterial.

In the previous outsourced tourism services contract with Brand Orange, Council included them supporting the 4 major in region events – namely F.O.O.D Week, Wine week, Banjo Paterson Festival and Apple Festival/Ramble. As outlined in the draft Delivery/Operational Plan, this funding allocation ($23,000 in 2017/18) has been reviewed and the intention is to deliver funding directly to these committees rather than via a third party. The committees are given greater control of the funds in this way. This has been discussed with the committees for the events and the executive officer of the Transition Board who prepared the proposal.

The proposal seeks quarterly payments in advance. Council has advised the executive officer that Council’s funds are to be used for promotions, marketing, advertising and events and not for operational purposes. This is built on the basis that the new entity has to be financial sustainable. However, in year 1 only, the proposal seeks to use $100,000 for setup and that this be paid in advance with the first quarterly payment.

In a white paper supplied by Council that offered guidance for the proposal, it was countenanced that the proposal consider its set up issues. As a start up entity, it is acknowledged that the entity may need initial assistance for establishment. The request is that $100,000 of the $377,000 sought in 2017/18 (p4 of the strategic plan) in year 1 be allocated for start up operational costs. It is recommended that this be agreed although the allocation is suggested to be for a specific range of items as outlined in the attached draft funding agreement. These items have been specifically chosen as they underpin the activities that Council will fund in the areas of marketing and promotions, rather than operational funding.

Policy and Governance Implications

Nil

Recommendation

1 That Council seek advice from the Office of Local Government on the issues identified about the formation of corporations as outlined in the report, seeking Ministerial approval if required.

2 That Council resolves that there are extenuating circumstances not to tender the regional tourism services given the ability of the industry led tourism entity to deliver the involvement of tourism operators in the region in order to achieve the regional tourism marketing tasks in Council’s Tourism Strategy which would be unable to be delivered by another entity.

3 That upon the completion of item 1, a 3 year performance based funding agreement with the industry led tourism entity be entered into, for $377,000 in year 1, $386,425 in year 2 and $396,086 in year 3 (all ex GST).

4 That a performance based funding agreement with specified KPIs to monitor performance based on the draft agreement provided be entered into so that Council can monitor the delivery of the activities.

5 That a Service Level Agreement illustrating the services from the Visitor Information Centre be entered into based on the draft service level agreement provided.

6 That an interim funding agreement for a 3 month period with a 3 month option be entered into on a prorata rate with TDO Ltd to ensure the delivery of tourism services is maintained if there is a delay in getting advice on the need for a Ministerial approval.

7 That the Council seal be applied to any documents as required.

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

Council has maintained an extensive range of regional tourism services for many years. Some services for marketing, particularly relating to events, have been outsourced via a contract which Brand Orange secured in 2010.

The proposal from the tourism sector for an industry led entity to take on regional tourism promotions would achieve the ambition in the Council’s Tourism Strategy which seeks a higher level of participation of operators across all segments of the tourism sector.

Image and Reputation

Council’s reputation and image could be compromised if the services delivered are not at a high level as the community often doesn’t differentiate between Council’s role in tourism promotion and the industry’s own role. The risk could be managed by a performance based funding agreement to ensure the services procured from the new industry led entity are value for money and of a high standard such that the region’s reputation and image is not compromised.

Stakeholders

Council’s stakeholders in this are the Federal and State governments, local tourism industry, Brand Orange, Blayney Shire Council and Cabonne Council.

SUPPORTING INFORMATION

Council has received a proposal seeking funding for regional tourism promotion from a yet to be formed tourism industry led entity, provisionally called Orange Region Tourism Inc. (Entity). This report considers the proposal and raises some issues for Council to consider in determining the next steps.

Council has managed the outsourcing of some regional tourism marketing via a tendered contract with Brand Orange since 2010. The contract concluded in June 2016. Funding of events and promotions has continued while Council reviewed what the future was for regional tourism marketing.

In August 2016, Council facilitated a series of workshops with local tourism operators and stakeholders. Over 200 participants provided ideas and a preferred direction for the management of marketing of regional tourism activities. In October 2016, Council adopted a new Tourism Strategy which picked up on ideas raised in the workshops. The most significant idea was that the industry wanted, and was ready, to take on a greater role in regional tourism promotion. The concept of a new whole of industry entity, formed and led by the sector, was identified.

Ministerial approval

Council has considered the implications of its role in this matter. Under cl 358 of the Local Government Act, if Council is a participant in the formation of a corporation, it needs to seek ministerial approval. Legal opinion has been sought on this issue. As such, it is recommended that this be explored and an application made to the Office of Local Government on this issue. Formation of the Entity will need to be deferred until a response is received.

Interim arrangements

A contract with Brand Orange delivering tourism services concludes on 30 June 2017. In order to ensure there is no disruption to the regional marketing initiatives, while Council awaits a response from the Office of Local Government, it is recommended that a short term contract with TDO Ltd be entered into to support the events and marketing initiatives currently in train. The agreement could be based on the attached draft funding agreement covering the elements to be undertaken in the next 3 months. As a surety, an option to extend by a further 3 months could be included in the agreement. The payment would be determined based on a pro rata rate of the annual allocation as outlined in the attached draft funding agreement.

The proposal

Council is presented with a proposal to form an industry led entity that will deliver regional tourism marketing for the Orange region.

The key issues the proposal needed to address were identified in a white paper published in January 2017. The key issues are extracted below. An assessment of how the proposal addresses each issue is supplied. The key issues were:

The first consideration will be a consideration of what the Entity proposes to deliver and tests of how well the package of services offered aligns to the Council’s Tourism Strategy. These elements include:

· The Strategy has been prepared on the basis that the Entity will be formed. The specific tasks for both the Transition Board and the Entity are itemised in the section that follows. The tasks Council will continue to deliver are also shown. Assessment against the listed tasks, or others that the Transition Board seeks to add to the deliverables from the Entity, will be assessed in Council’s consideration of the request for funding.

· The processes used to develop the proposal’s elements and the specifics of the consultation with the tourism sector, in particular illustrating the interactions across all of the Region of Orange, Blayney and Cabonne local government areas should be noted.

· How the Entity will engage and inform the tourism sector of its activities and illustrate transparency and inclusiveness.

The second area of consideration is how well the proposal outlines how the Entity will be managed and governed, with particular emphasis on:

o The proposed strategic direction and objectives of the Entity via the provision of a draft strategic plan for a 3 year period

o How the entity will be managed and operationally delivered illustrated in a draft 3 year operational plan including organisational structure and how positions are to be filled, the specific tasks that will be proposed for the 3 years, proposed on a timelined draft operational plan for the consideration of the Entity. This should include a 3 year budget with forecasts and cash flow management clearly illustrated.

o The financial information in the operational plan should show how expenditure and funding will be managed in a cash flowed 3 year budget which illustrates forecasts of financial performance

o The financial information in the operational plan should also include the level of investment from funding sources other than Orange City Council – with particular consideration of the Tourism Strategy objectives of the % of other source funding to match Council’s contribution over the 3 years to be picked up from alternate funding sources. The strategies will be undertaken to achieve these targets should be considered and commented upon.

o The approach the Entity will take to attain financial sustainability over time should be outlined.

o A draft risk profile and assessment of risk issues the new Entity will need to manage with processes for how these risks will be managed. This work should provide the Entity with the information to enable it to set its risk appetite and use this information to finalise the strategic and operational plans.

o What the governance structure of the new Entity is proposed to be, on what basis will directors be chosen, how will the performance of the Directors be monitored and assessed, and how well the proposed governance framework illustrates best practice approaches to board governance.

o How the Transition Board sees the performance of the Entity could be best measured to show value for money, including draft key performance indicators and the metrics the Entity could use to attain the key Tourism Strategy task of increased visitation.

Assessment of the proposal

A draft strategic plan and financial masterplan have been presented. It has been analyses against the guidelines provided in the white paper (italicised text above) plus the specific tasks identified in the Council’s tourism strategy. The table below shows the results of this assessment.

Criteria assessment

1 White paper guidelines - Alignment with the Council’s Tourism Strategy:

Issue	Proposal assessment
Tasks alignment – those allocated to the industry led entity or transition board	The proposal contains an Strategic plan which has a section on operational activities that lists basic tasks as outlined in the Orange Council’s Tourism Strategy. Detailed analysis of the completeness of the response against the tourism strategy is provided below. There are additional items the Entity is proposing to deliver beyond the scope of the Tourism Strategy. Elements have been added, particularly around set up operational tasks and events have been listed throughout the Strategic Plan.
Processes and consultation used to develop the proposal that illustrate a regional approach has been taken.	The Strategic Plan identifies that several meetings were held with councils and with Brand Orange members. The Plan identifies that the representative Board provides an avenue for consulting with the groups that are represented.
How the entity will engage and inform the tourism sector of its activities and how these processes will illustrate inclusiveness and transparency	The Entity plans an online stake holder magazine, social events, industry seminars and forums to broaden its consultative processes.

2 White paper guidelines - How will the entity be managed and governed

Issue

Proposal assessment

Strategic directions and objectives established in a draft 3 year strategic plan

The documentation is identified as a strategic plan and operational plan in one document. It covers a three year period. Strategic directions are established by the Vision and Mission provided (p3).

The purpose of the documents are outlined on p10.

However, the new entity’s purpose needs to be defined and would be a critical first step process required to set the organisation’s direction upon formation.

How the entity will be managed and operationally delivered in a three year draft operational plan. A three year budget with forecasts and cash flow management needs to be clearly identified.

The content is brief but there is a broadly based operational plan provided.

Annualised cash flow statements and budgets have been provided. The white paper suggested that given the lumpiness of the income stream and the high up front costs for events, the Board would be likely to need a quarterly cash flow analysis framework. Such detail would not be required by Council but rather the identification of the Board’s acceptance of the financial stability of the organisation would be illustrated in their sign off of the annual statements.

Issue

Proposal assessment

The financial information in the operational plan should show how expenditure and funding will be managed in a cash flowed three year budget which illustrates forecasts of financial performance

The financial plan is high level and there is an annual cash flow position presented.

As public moneys are requested, should the funding be approved for the industry led entity, a recommended key performance indicator will seek that audited statements are provided within a specified period of the end of the financial year. This is a typical KPI in council’s agreements.

The proposal seeks payment quarterly in advance. Council policy is not to retrospectively fund activities and allocating funding on a quarterly basis is supported.

Additionally, the proposal seeks a one off payment of $100,000 in year 1 to assist with set up costs. While the white paper advises moneys should be spent for marketing/advertising only and not operational costs, as it is at set up stage, there is some merit in Council considering this request. If it is supported, it is recommended that it be identified as a one off and all future moneys be used exclusively for marketing and advertising initiatives or events management. The attached draft funding agreement shows the distribution of the one off operational payment for specific tasks that would underpin the marketing and promotion of the region which are the elements Council seeks to fund.

The financial information in the operational plan should also include the level of investment from funding sources other than Orange City Council – with particular consideration of the Tourism Strategy objectives of the % of other source funding to match Council’s contribution over the three years to be picked up from alternate funding sources. The strategies will be undertaken to achieve these targets should be considered and commented upon.

The level of income generated to satisfy Council’s desire to see its marketing program specifically matched on dollar for dollar basis matches the element in the Tourism Strategy with the new Entity offering matching $ for $ on an incremental scale to achieve 100% matching in year 3.

The expenditure must be on actual marketing/advertising expenditure – not inkind contributions. This will see the new Entity design and put into the market a $40K advertising campaign in year 1, a $45K campaign in year 2 and a $60K campaign in year 3.

At the time the Tourism Strategy was written, the direct advertising campaign moneys was estimated at $30K contribution from Council. Council has added additional money to the advertising/marketing elements and should encourage the Entity to seek matching funding in the same ratios as it will add exponentially to the outcomes and visitation to the region from a number of campaigns to promote the area.

Issue	Proposal assessment
The approach the Entity will take to attain financial sustainability over time should be outlined	The proposal provides a modest profit.
A draft risk profile and assessment of risk issues the new Entity will need to manage with processes for how these risks will be managed. This work should provide the Entity with the information to enable it to set its risk appetite and use this information to finalise the strategic and operational plans.	The risk analysis is limited. Council is advised that the Board has high level skills in assessing and managing risk. As part of the finalisation of the strategic plan the articulation of the governance processes the board will use to revise and consider its risks would enhance this section of the strategic plan. At present there is no articulation of the risk appetite or tolerance levels and the mitigation strategies are lacking in likely impact and detail. The white paper listed 14 critical risk issues as prompts for the risk assessment which could be used to expand on the risk assessment processes.
What the governance structure of the new Entity is proposed to be, on what basis will Directors be chosen, how will the performance of the Directors be monitored and assessed, and how well the proposed governance framework illustrates best practice approaches to board governance.	The proposal provides a short explanation of why it is recommending a not for profit entity limited by guarantee. The proposal outlines that the Board will move toward skills based overtime, elected by members.
How the Transition Board sees the performance of the Entity could be best measured to show value for money, including draft key performance indicators and the metrics	As this is lightly treated in the proposal, the value for money issue has been picked up as a proposed KPI basing the analysis on a return on investment comparison of expenditure against direct visitation measured via member surveys that the new Entity will be delivering.

Council’s Tourism Strategy

On October 2016, Council adopted a Tourism Strategy. The Strategy assumes the industry would form a new Entity to offer the operators a means for enhanced involvement in advertising campaigns and events. There are a range of tasks in the Strategy that Council was seeking the industry provide/participate in. These tasks are the basis for assessing how the proposal will deliver the Council’s strategic intention in tourism services.

Detailed requirements in Council’s Tourism Strategy

Following is an assessment of how well the proposal delivers the specific tasks to be considered that were identified in the Tourism Strategy Council adopted in October 2016. At the end of each section a comment is provided on the proposal’s response to the items identified for either the Transition Board or the proposed new entity to deliver:

Undertake assessment and design of an industry led tourism entity to undertake regional tourism marketing activities
1A	Increased industry engagement in setting and delivering regional tourism growth
Action	Increase industry participation in regional tourism marketing activities
	Current budget allocation	Allocation to assess value of current events and to undertake full analysis of the impacts and deliverables of an industry led tourism entity is from within existing 2016/17 budget item Tourism services contract – allocated by Council to fund the creation of an industry led tourism board (Resolution 16/407)		$50,000 in 2016/17
	Issue	Actions	Key Performance Indicators	Timeframe	Cost
1.A.i	Undertake assessment and design of an industry led tourism entity to undertake regional tourism marketing activities	Prepare a submission to Council for an industry led tourism entity. Proposal to include: · Draft strategic plan · Draft operational plan and budget with cash flow and 3 year projections · Corporate Risk register · Governance framework for how the entity will be formed and managed	Proposal presented to Council.	Feb 2017	$10,000
1.A.ii	Create an industry led regional tourism entity.	Subject to securing funding, develop a 3 year performance based funding agreement for an industry led tourism entity to deliver regional tourism marketing initiatives	Agreement finalised	May 2017	$5,000
1.A.iii	Industry led entity has a membership base that covers all sectors of the tourism industry and grows annually.	Marketing and engagement strategy to attract members	Membership growth of 15% annually in 2016/17, 2017/18 and 2018/19	June 2019	$0 – part of funding agreement

Comments on proposal response:

· The proposal was received in June 2017 so the timeframes from the Tourism Strategy have slipped.

· Timeframes in the proposal also need to be revised.

· The membership growth target of 15% per annum is not delivered but the proposal presents an ambitious growth projection.

o The proposal builds revenue from members by 11.8% in year 2 and 9.7% in year 3.

o Membership jumps from 200 paying members (p7 of the strategic plan) of Brand Orange’s membership to 323 (Financial masterplan – assumptions identifies 42 free individual members deducted from total projected for year 1 of 365 members).

o The proposal thus suggests the addition of 123 members in year 1 – a 61.5% increase which is a large impost.

o A clearly defined membership drive process will be required.

o Membership grows by a further 10.7% in year 2 and a further 10.1% in year 3.

· The proposal identifies a membership strategy will be developed in January 2018 with a target growth of 10% per annum (page 56). The key performance indicators need to be both number of members and membership revenue based. The growth factor is below the Tourism Strategy target of 15% p.a.

1C	Enhance the visitOrange branding
Action	Maximise the brand usage and impact of visitOrange
	Current budget allocation		Promotions budget Sports marketing budget	$60,000 (subject to budget allocation annually) + museum advertising allocation when determined $80,000 (2016/17)
	Issue	Actions	Key Performance Indicators	Timeframe		Cost
1.C.ii	Grow industry involvement direct in tourism advertising campaign by seeking matching $ for $ cash contributions for Council’s contribution to the industry led body for campaigns using the using visitOrange as call to action	Achieve equity in cash contributions for regional tourism advertising campaigns by 2018/19	Direct visitation achieved from each element funded. Matching Council cash contribution for tourism advertising as follows: · 50% in 2016/17 · 75% in 2017/18 · 100% in 2018/19	Report to Council in December annually		$30,000
1.C.vii	Develop packages to highlight the indigenous features of the Region	Promotional activities developed and implemented.	Programs activated and visitation measured directly from the promotion	Annual	$0
1.C.ix	Develop packages promote the natural beauty and seasonality of the Region	Packages that promote natural beauty and seasonality created	Programs activated and visitation measured directly from the promotion	Annual	$0

Comments on proposal response:

· The proposal does not deliver the matching $ for $ targets in 1.C.ii with only $10,000 identified in year 1, $20,000 in year 2 and $30,000 in year 3 (“other income” sheet in financial masterplan).

· There are references to packages for:

o Accommodation

o Villages

o Harvest

o Golf

o Wellness

o Sports

o Nature

o Cultural tourism

2A	Tourism market knowledge enhanced
	Visitor profiling enhancements to build knowledge of : · Who are the Region’s visitors? Are they still who we think they are? How do their characteristics compare to previous research. · What are the decision points that influence their destination choices · How effective are the advertising and events that are being held to drive visitation to come to the Region? · What awareness do our visitors have of our in region and out of region events? · How often have visitors come to the Region?
	Current budget allocation		From within existing budget for tourism services contract		$15,000
	Issue	Actions	Key Performance Indicators	Timeframe	Cost
2A.iii	One out of region survey implemented	One out of region survey at all events	Report on results annually in December	December annually	$0

Comments on proposal response:

· It is assumed that this item will be delivered in the Local Visitor Data research Program (p 44 of the strategic plan)

· It is recommended that the delivery of surveys of both attendees at out of region events and also of the Entity’s members to measure direct visitation from marketing initiatives and out of region events be included in the funding agreement. This will ensure Council continues to receive information to assist in the assessment of value for money in how the funding is being applied.

2B	Knowledge building of local residents of the tourism facilities and events
	Provide information to the residents in the Region on events and facilities
	Current budget allocation				$0
	Issue	Actions	Key Performance Indicators	Timeframe			Cost
2B.iv	Have local tourism businesses recognised in NSW awards programs	Assist local businesses to enter the NSW Government annual tourism awards programs	5 applicants per annum to NSW Awards	Annually			$0
2B.vi	Develop a “harvest” program of events for pick your own	Packages implemented that promote the pick your own opportunities	Program developed and implemented	Annually		$0
2B.viii	Promote the villages experiences and create packages to boost visitation	Packages created and prompted	Overnight stays enhanced from current level of average nights stayed from 2.9 nights to 3.5 nights by June 2019.	Annually		$revenue neutral solutions established.

Comments on proposal response:

· Assistance to local sector applicants for the NSW Government awards and a regional tourism awards event is identified (p45).

· Harvest packages are included (p45).

· Village experiences are included (p44).

· The funding agreement specifies the KPIs for visitation impacts as identified in the Tourism Strategy.

2C	Updated key target market demographics
	Develop an updated set of key market segments and tailor marketing to these markets
	Current budget allocation		To be delivered as part of the tourism services contract $400,000		$20,000
	Issue	Actions	Key Performance Indicators	Timeframe	Cost
2C.ii	Continue to monitor visitor profile	Review profile against survey data on quarterly basis to determine any shifts	Annual report	October annually	$0
2C.iii	Build knowledge of growth opportunities in key market segments	Identify key location markets and survey in those areas to build knowledge of how to market more effectively to drive visitation	Survey complete	December 2017	$20,000
2C.iv	Convert visitors who transit through the Region to overnight stays	Review visitor transit information and develop and market programs and packages that will drive increased overnight stays	Overnight stays enhanced from current level of average nights stayed from 2.9 nights to 3.5 nights by June 2019.	Report to Council October annually	$0 – contribution to marketing campaigns from participating businesses
2C.v	Convert visitors who shop/ use services in the Region to overnight stays	Create and promote packages to the market areas in surrounding towns that use Orange as a service centre to encourage an overnight stay	Overnight stays enhanced from current level of average nights stayed from 2.9 nights to 3.5 nights by June 2019.	Report to Council October annually	$0 – contribution to marketing campaigns from participating businesses

Comments on proposal response:

· The proposal outlines the provision of visitor profiling elements in the Visitor Data Collection research and Survey Program (p44).

· There is no explicit identification of strategies/elements which are aimed at converting visitors who transit or shop in the region to overnight stays. It is assumed this will be delivered in the marketing campaigns deliverables.

2E	Build stakeholder engagement processes
	Tiers of government relationship enhancement
	Current budget allocation		From Regional Promotions budget- total of $60K in 2016/17		$24,000
	Issue	Actions	Key Performance Indicators	Timeframe	Cost
2E.iii	Encourage community participation in tourism planning and activities	Engagement with industry and community to promote tourism opportunities by disseminating information	Quarterly email exchanges/updates to tourism networks 4 familiarisation tours of VIC staff to local operators p.a.	June 2017	$0

Comments on proposal response:

· VIC familiarisation tours are identified.

· Quarterly emails are identified.

Memorandum of Understanding with the Transition Board and consideration of Council’s role in formation of the Entity

The passage of time have eroded a need to sign a MoU which, by its nature is non-binding, and thus has limited purpose. The new Entity could be established relatively quickly.

Visitor Information Centre services

Council is not seeking a change in the delivery of information services from the Visitors Information Centres. A draft Service Level Agreement is proposed to make certain the level of services to be delivered for the duration of the proposed funding agreement is attached.

Risk issues

The proposal contains a high level risk assessment from the perspective of the new Entity. Obviously, Council has different risks to those of an agency which may be engaged to deliver services. This is particularly influenced as the entity will be new and is unproven.

The proposal does not provide a high level of detail on risk. It does identify that the directors will consider and assess risks and presumably establish a risk profile and appetite.

Attachments

1 Final draft strategic plan , D17/34215 ⇩

2 Draft Service Level Agreement Visitor Information Centre , D17/34216 ⇩

3 Draft Funding Agreement , D17/34217 ⇩

4 Draft Financial masterplan , D17/34256 ⇩

Council Meeting 22 June 2017

5.13 Industry Led Tourism Entity Proposal

Attachment 3 Draft Funding Agreement

a) Table of Contents

BACKGROUND.. 3

terms and conditions. 3

1 Definitions and Interpretation. 3

2 Purpose. 4

3 Funding Amount 4

4 Conditions of Funding. 4

5 Payment of Funding. 5

6 Approved Use of Funding. 5

7 Insurance and Indemnity. 5

8 Financial Reporting. 6

9 Costs. 6

10 Assignment 6

11 Amendment 6

12 Entire Agreement 7

13 No waiver. 7

14 Notices. 7

15 Disputes. 8

16 Failure to comply with this Agreement/Termination. 8

17 Confidentiality. 8

18 Goods and Services Tax. 9

19 Independent Advice. 9

20 Governing law.. 9

FUNDING AGREEMENT dated _____________________ 2017

PARTIES: ORANGE CITY COUNCIL ABN 85 985 402 386 of 135 Byng Street, Orange NSW 2800 (Council)

TBC LTD ACN TBC of PO Box TBC, Orange NSW 2800 (TBC)

BACKGROUND

A Council resolved on 22 June 2017 to enter into a 3 year funding agreement with TBC for a fee as outlined in Schedule A.

B Council agrees to provide Funding on the terms and conditions of this Agreement.

C TBC accepts the Funding on the terms and conditions of this Agreement.

terms and conditions

1 Definitions and Interpretation

1.1 Definitions

Business Day means any day except a Saturday or Sunday or other public holiday in NSW.

Corporations Act means the Corporations Act 2001 (Cth).

Funding means the amount in Schedule A provided by Council to TBC subject to the terms of this Agreement.

Funding term means 1 July 2017 to 30 June 2020.

1.2 Interpretation

In this Agreement, unless the context otherwise requires:

(a) Singular includes plural and plural includes singular;

(b) Words of one gender includes any gender;

(c) Reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;

(d) Reference to a person includes a corporation, firm and any other entity;

(e) Reference to a party includes that party’s personal representatives, successors and permitted assigns;

(f) If a thing is to be done on a day which is not a Business Day, it must be done on the Business Day after that day.

2 Purpose

2.1 The proceeds, including any interest, of the Funding shall only be used by TBC for the purposes outlined in the Schedules.

2.2 TBC will submit as timelined in Schedule A an annually updated Operational Plan and Financial Masterplan that includes the items listed in this Agreement.

2.3 Council seeks from the TBC the delivery of regional marketing promotions via marketing/advertising campaigns and events management both in and out of the region.

3 Funding Amount

3.1 Council will provide TBC with Funding as outlined in Schedule A.

4 Conditions of Funding

4.1 Funding is subject to TBC delivering all reporting, events and activities in Schedule A, B and C.

4.2 TBC is to acknowledge Council’s sponsorship of events and funding of TBC activities using the supplied artwork and wording in all printed and electronic materials, and content promoting, featuring or mentioning the events and activities mentioned in this agreement, including newsletters, forms, all correspondence, member updates, electronic and printed newsletters and advice to the media, members and industry media releases and advertising.

4.3 Council will supply the logo and words for the sponsorship acknowledgement.

4.4 All promotional materials using Council’s logo must be preapproved by Council before publication.

4.5 Council and TBC will nominate contact officers for the management of the funding agreement.

5 Payment of Funding

5.1 Payment will be made in accordance with the timetable in Schedule A.

5.2 TBC will keep accurate current financial and operational records on all aspects of the Funding.

6 Approved Use of Funding

6.1 TBC must use the Funding for the Purpose as set out in Clause 2, unless prior written approval is provided by Council.

6.2 If TBC decides to suspend or cease any of the activities in relation to the Purpose set out in Clause 2, TBC must immediately notify Council.

6.3 If Council believes that TBC has not used the Funding for the Purpose, Council may request repayment of all or part of the Funding. If Council requests TBC to repay the Funding, then such Funding must be returned to Council within thirty (30) days.

6.4 Funding can not be used to purchase capital equipment nor any assets.

6.5 TBC will discuss with Council any applications for grant funding prior to applications being made to ensure no duplication of requests occur.

7 Insurance and Indemnity

7.1 TBC must take out and keep in force appropriate insurance policies for:

7.1.1 Public Liability Insurance for a minimum amount of $10,000,000.

7.1.2 Workers Compensation insurance;

7.1.3 Personal accident and sickness insurance.

7.2 TBC must provide to Council copies of Certificates of Currency of Insurance and policy documents if and when requested.

7.3 TBC indemnifies Council, its officers, employees and agents against any:

7.3.1 Loss, damage or other liability incurred by Council;

7.3.2 Loss or expense incurred by Council in dealing with any claim against it (including legal costs);

that is caused by or arises from:

7.3.3 An act or omission by TBC, or any of TBC’s employees, agents, volunteers or subcontractors in connection with this Agreement, where there was a fault on the part of the person whose conduct gave rise to that liability, loss, damage or expense; and or

7.3.4 Failure by TBC to comply with its obligations under this Agreement.

8 Financial Reporting

8.1 TBC must produce in accordance with the Schedules, or within one week if TBC ceases operation during the Funding Term, an itemised income and expenditure statement on each event, Key Performance Indicator (KPIs) and activities listed in Schedules which specifically identifies the allocation of Council funding and the dollar amounts contributed by any other funder.

8.2 The statement prepared in accordance with 8.1 must include itemised expenditure to individually identify the amounts received by local businesses who gained a benefit of the funding from Council for all activities and events in Schedules.

8.2 The statement prepared in accordance with 8.1 will be signed off by an independent Certified Practicing Accountant or Auditor as a confirmed record of income and expenditure.

9 Costs

9.1 Each party must pay its own costs in respect of the costs of the negotiating, preparation and examination of this Agreement and any document required by this Agreement.

10 Assignment

10.1 Council will not agree to the assignment of TBC’s rights or obligations under this Agreement.

11 Amendment

11.1 This Agreement may only be amended in writing signed by the parties.

12 Entire Agreement

12.1 This Agreement constitutes the entire Agreement between the parties and there are no further items or provisions, either oral or otherwise.

13 No waiver

13.1 A party may only waive a breach of this Agreement in writing signed by that party or its authorised representative.

13.2 A waiver is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches).

14 Notices

14.1 Any notice, consent or Agreement given in connection with this Agreement must be in writing and in English, and may be given by an authorised representative of the sender.

14.2 Notice is deemed to be received by a party:

14.2.1 When left at that party’s address;

14.2.2 If sent by pre‑paid mail, three Business Days after posting or five Business Days in the case of a notice sent to or from a place outside Australia; and

14.2.3 If sent by facsimile at the time and on the day shown in the sender's transmission report;

14.2.4 If sent by email at the time and on the day shown in the sender's transmission report.

14.3 At the date of this Agreement, the last notified address is the address stated at the beginning of this Agreement.

14.4 A party may change its address or facsimile number for service by giving at least 1 Business Days’ notice to the other party.

15 Disputes

15.1 In the event of a disagreement, the Council and TBC will negotiate in good faith. Costs for mediation will be jointly shared. If an agreed position cannot be reached, Council’s decision will prevail.

16 Failure to comply with this Agreement/Termination

16.1 If TBC:

16.1.1 Do not apply the Funding for the Purpose; and/or

16.1.2 Fails to comply with any other requirement of this Agreement;

TBC will be in breach of this Agreement.

16.2 If it is found that TBC is in breach of this Agreement, Council may give Notice in writing asking TBC to rectify the breach and specifying a period in which the breach must be rectified.

16.3 If the breach is not rectified within the time specified by Council in the notice sent to TBC, Council may terminate this Agreement immediately by written Notice to TBC.

16.4 If this Agreement is terminated, TBC agrees to repay to Council any of the Funding not spent or put towards the Purpose.

17 Confidentiality

17.1 In this clause, confidential information is:

17.1.1 Any term of this Agreement.

17.1.2 Any information acquired by a party for the purpose of, or under the terms of, this Agreement.

17.1.3 Any other information belonging to a party which is of a confidential nature.

17.2 A party may only disclose confidential information:

17.2.1 To that party’s professional advisers;

17.2.2 If required by law;

17.2.3 If necessary to perform that party’s obligations under this Agreement;

17.2.4 If the other party consents to the disclosure.

18 Goods and Services Tax

18.1 “GST” and “GST law” and other terms used in this Agreement, or in this definition have the meanings used in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth of Australia) as amended, or any replacement or other relevant legislation and regulations, except “GST law” also includes any applicable rulings.

18.2 Any amount payable or consideration (as defined for GST purposes) to be provided under, in connection with or as part of this Agreement for a supply is exclusive of GST unless otherwise specifically stated.

18.3 To the extent GST is payable on a supply made under or in connection with this Agreement, the party providing the consideration (Council) for that supply must pay an additional consideration an amount equal to the amount of GST payable on that supply (the GST Amount).

18.4 Council may withhold from the Funding if an Australian Business Number (ABN) is not quoted, unless a declaration is provided to Council by TBC that states a reason for not quoting an ABN.

19 Independent Advice

19.1 TBC acknowledges that, prior to the execution of this Agreement it has been provided with the opportunity of obtaining independent legal advice.

20 Governing law

20.1 This Agreement is governed by the law of the State of New South Wales. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of New South Wales and courts of appeal from them.

EXECUTION

EXECUTED AS AN AGREEMENT ON 23 December 20162

Executed as an Agreement

(Res No. 2017/XXXXX of XX June 2017

Executed for and on behalf of Orange City Council by its authorised delegate pursuant to Section 377 of the Local Government Act 1993 in the presence of:

……………………………………………………………

Signature of Witness

…………………………………………………………….

Name of Witness

……………………………………………………….

Signature of Authorised Delegate

………………………………………………………..

Name of Authorised Delegate

Executed by TBC Ltd ACN TBC in accordance with Section 127 of the Corporations Act 2001

……………………………………………………………

Signature of Director

…………………………………………………………….

Name of Director

……………………………………………………………

Signature of Director

…………………………………………………………….

Name of Director

SCHEDULE A

Funding levels – amounts are listed Ex GST

Payments	One off set up payment	Payment	Payment	Payment	Payment
	1-Jul-17	1 July annually	1 October annually	1 January annually	1 April annually
Year 1: 2017/18	$ 100,000.00	$ 69,250.00	$ 69,250.00	$ 69,250.00	$ 69,250.00
Year 2: 2018/19	$ -	$ 96,606.25	$ 96,606.25	$ 96,606.25	$ 96,606.25
Year 3: 2019/20	$ -	$ 99,021.41	$ 99,021.41	$ 99,021.41	$ 99,021.41

NOTE: In 2017/18 only, up to $100,000 of the funds will be allocated to operational costs as identified above. These funds must be specifically reported on in the first annual report in an itemised list which must be confirmed by the external auditor and specifically commented upon to confirm where the funds were spent. All other moneys in this agreement must be specifically spent on marketing/advertising or events management as shown in the section marketing and promotions allocation.

Reporting framework	Provision of final Operational Plan to get approval of what tasks/events will be delivered	End of contract operational report	Annual report on achievements against Schedule B KPIs and audited statements

Year 1: 2017/18	01-July-2017	na	29-September-2018
Year 2: 2018/19	01-June-2018	na	27-September-2019
Year 3: 2019/20	01-June-2019	30-April-2020	25-September-2020

Allocation of Orange City Council funds

Allocation (ex GST)	2017/18	2018/19	2019/20
OPERATING TASK ALLOCATION (YEAR 1 ONLY)
Rent and office establishment fees, new stationery	$ 35,000.00	$ -	$ -
Website development	$ 20,000.00	$ -	$ -
Regional Volunteer Network set up	$ 5,000.00	$ -	$ -
Regional Brand review	$ 10,000.00	$ -	$ -
Recruitment EO	$ 15,000.00	$ -	$ -
Accounting and Audit fees - setup and first audit	$ 15,000.00	$ -	$ -
TOTAL Operational tasks	$ 100,000.00	$ -	$ -

MARKETING AND PROMOTIONS ALLOCATION	2017/18	2018/19	2019/20
Tourism packages/marketing campaigns	$ 37,500.00	$ 38,438.00	$ 39,398.00
Media and journalist famils	$ 5,000.00	$ 5,125.00	$ 5,253.00
General marketing	$ 30,000.00	$ 30,750.00	$ 31,519.00
Member development and forums	$ 10,000.00	$ 10,250.00	$ 10,506.00
Regional Marketing		$ 40,250.00	$ 41,256.00
VIC famils	$ 8,200.00	$ 8,405.00	$ 8,615.00
TOTAL MARKETING AND PROMOTIONS ALLOCATION	$ 90,700.00	$ 133,218.00	$ 136,547.00

Marketing support services allocation	2017/18	2018/19	2019/20
Maintain accommodation register and on line booking system as required to preserve Level 1 VIC accreditation	$ 5,000.00	$ 20,000.00	$ 20,000.00
Maintain the Data Warehouse system information as required to preserve Level 1 VIC accreditation	$ 5,000.00	$ 20,000.00	$ 20,000.00
Survey data collation and annual visitor profile review and update	$ 6,300.00	$ 15,000.00	$ 15,000.00
Allocation for Out of region events run by TBC for events sponsorship (acknowledging Council and using art an words as supplied)	$ 60,000.00	$ 80,000.00	$ 80,000.00
Allocation for staff time for in region events support	$ 20,000.00	$ 20,000.00	$ 20,000.00
Allocation of staff time on marketing and promotions	$ 90,000.00	$ 98,207.00	$ 104,538.63
TOTAL ADDITIONAL SERVICES	$ 186,300.00	$ 253,207.00	$ 259,538.63

TOTAL ALLOCATION	$ 377,000.00	$ 386,425.00	$ 396,085.63

SCHEDULE B

PERFORMANCE BASED FUNDING AGREEMENT PARAMETERS

General reporting against TBC Operational Plan – tasks to be reported against will be those items approved from the annual operational plan as accepted by Orange City Council

Deliverable	Comment/Key performance indicator
Annual report of delivery of the tasks outlined in the TBC Operational Plan (as accepted by Orange City Council) delivered with all elements by due date with specific assessment against the KPIs listed in Schedule B	· KPI – Report supplied in accordance with the timetable in Schedule A · KPI –Report to include comment on the specific elements and their respective due dates as identified in the TBC Operational Plan and/or as listed in Schedule A
Externally audited financial statements provided to Orange City Council within 3 months of the end of the financial year.	· KPI – Audited statements supplied in accordance with the timetable in Schedule A. · KPI – year 1 only – External auditor to confirm the expenditure of the allocation of operating task allocation.
Annual analysis of membership growth provided in the Annual report	· KPI – Report on the growth in membership against the Orange City Council Tourism Strategy target of 15% p.a. increases in both: o Number of members in each category o Income from membership
Annual growth in own source funding identified in the Annual report	· KPI – Report on the outcome of seeking $10,000 in year 1, $20,000 in year 2 and $30,000 in year 3 as matching $ for $ funding of actual advertising/marketing costs (no in kind component) for general marketing. · KPI – Report in the annual report of any additional matching $ for $ funding secured to further extend the value of the marketing expenditure (no in kind component)
Visitation impacts directly attributable to the events run by TBC to be specified in the Annual Report	· KPI – Report data in the annual report on the attendance at 4 out of region events and 4 in region events as specified in the agreement enumerating visitation attributable directly to the events from promotion of both against the targets increasing overnight stays from 2.9 to 3.5 by June 2019. . Data will be used by Council to assess the return on investment of each event.
Visitation impacts directly attributable to the activities of TBC to be specified in the Annual Report	· KPI – Report data in the annual report on the increase on visitation directly attributable to approved marketing/advertising campaigns measured from results of surveys collected and analysed by TBC from accommodation providers against the targets increasing overnight stays from 2.9 to 3.5 by June 2019. Data will be used by Council to assess the return on investment of each campaign

Events

Deliverable

Comment/Key performance indicator

Deliver a minimum of 4 out of region events promoting the Orange Region in each financial year in which Orange City Council is acknowledged as a sponsor

· KPI - Application of "Proudly sponsored by Orange City Council" and use of branding/logo as per supplied artwork on all materials promoting the event, including correspondence to members and event participants and on all printed and electronic correspondence and marketing/advertising materials.

· KPI - Approval on all materials using Council’s artwork

· KPI- Survey of attendees at all events as per survey components in Schedule C and collate and report results in the Annual report on an event by event basis with analysis of the visitor profile being updated each year.

· KPI – Survey of members/operators to ascertain direct visitation arising from each event at least quarterly and report annually in annual report

Survey attendees at the 4 in region events:

FOOD Week

Wine Week

Banjo Paterson festival

Apple Festival/Ramble

· KPI – Survey of members/operators to ascertain direct visitation arising from each event at least quarterly and report annually in annual report

SCHEDULE C Event survey components

1. A survey will be conducted at every event identified in the Agreement during the period covered by the Agreement.

2. A report analysing the results of the survey will be individually prepared for each event and will be incorporated into each Annual report.

3. A minimum of 200 or 5% of attendees (whichever is the lesser) will be surveyed.

4. A standard format survey will be used

5. Council and TBC will jointly agree on the survey content.

6. All alterations to the survey will require mutual consent.

7. TBC will collate and analyse the event surveys and compare them to the survey results of the previous events covered by previous contracts with Council.

8. Council will provide the previous survey data.

9. Surveys will include as a minimum, in a format that can be longitudinally analysed against previous years' data. Minimum data is to include:

a) Demographics including age, postcode of residence, gender

b) Previous attendance at the same event - number of times

c) Attendance at another event promoting Orange Region - to be specified by name and number of times attended, test awareness by asking them to name the events

d) How the visitor became aware of the event/s

e) For in region events - survey to also include:

i. Length of stay in the Orange region by number of nights

ii. Where the visitor stayed

iii. How many in the visitor's party

iv. Estimated expenditure of the party while in the Orange Region

v. Where the expenditure was made - i.e. restaurants, retail etc.

vi. What attracted them to the Orange Region

f) For out of region events - survey to also include:

i. Attendance at the same event - how many times

ii. How learnt about the event

iii. Awareness of any other events promoting the Orange Region - test awareness by asking them to name the other events

iv. Attendance at other out of region events - number of times

v. How many times have they visited the Orange Region in the past 5 years

vi. Key issues that prompt their destination choices - e.g. price, uniqueness, food excellence, nature, family activities etc.

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

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

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

Division of Voting
Voted For	Cr J Davis, 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

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

Division of Voting
Voted For	Cr K Duffy, Cr R Gander, Cr C Gryllis, 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, Cr J Davis (Mayor), Cr J Hamling (Deputy Mayor)

Date of Meeting	Question	Responsible Staff Member	Action	Date for completion
	Cr Kidd advised that the changerooms at the Aquatic Centre require maintenance.	Commercial and Emergency Services Manager	Referred to relevant staff for attention.	June 2017
	Cr Duffy requested information on the future subdivision on the western side of William Maker Drive.	Director Technical Services	The Development Control Plan for this area is to be circulated to Councillors.	June 2017
	Cr Taylor requested concept plans for the Hill Street/William Maker Drive intersection be placed on Council’s website.	Director Technical Services	Concept plans to be placed on website.	June 2017
	Cr Gander requested information on the possibility of opening the Franklin Road/Peisley Street intersection.	Director Technical Services	Added to the Councillor Briefing list for discussion.	July 2017
	Cr Munro requested information on when Ploughmans Lane will be resurfaced.	Works Manager	A program of works is to be provided to Councillors.	June 2017
	Cr Gryllis requested an educational campaign be undertaken to inform the community of the benefits and purpose of the blisters being installed at various intersections.	Director Technical Services	It was agreed to list the issue of intersection treatments for a future Councillor Briefing to discuss the various compliance and design issues.	July 2017
	Cr Hamling requested the opening date for the Toll hangar.	Commercial and Emergency Services Manager	Council staff have contacted a representative from Toll in regard to an opening day and Toll are yet to advise.	June 2017
	Cr Gander requested information on whether any tenants of the Orange Airport had moved to Cowra following the approach from Cowra Council.	Commercial and Emergency Services Manager	There have been no leases cancelled at the Airport. Council also wrote to tenants and other users at the airport in regard to interest in Council constructed hangars. Only one person has contacted Council in this regard and they intend to erect their own hangar.	June 2017
	Cr Munro requested information on youth unemployment figures for Orange.	Manager Business Development	Information to be circulated to Councillors.	June 2017
	Cr Duffy asked who the agent is for the Old Hospital Site.	Director Corporate and Commercial Services	A response will be provided to Councillors.	June 2017
2 May 2017	Cr Kidd suggested staff consider promoting the Orange Function Centre carpark for RV parking. Cr Kidd requested directional signage to the RV dump point be reviewed.	Manager Business Development	Response provided to Councillors through weekly email on Friday 12 May 2017	Completed D17/29204
	Cr Hamling requested staff look into inviting currently serving members of the armed forces to attend the Anzac Day ceremony.	Manager Business Development	Response provided to Councillors through weekly email on Friday 12 May 2017.	Completed D17/29143
	Cr Duffy requested the City of Orange Traffic Committee to review the operation of the pedestrian crossing in Anson Street.	Commercial and Emergency Services Manager	Report has been completed for the COTC meeting to be held in June.	June 2017
	Cr Duffy requested the City of Orange Traffic Committee to consider the installation of a timer on traffic lights to indicate how long pedestrians have to cross.	Commercial and Emergency Services Manager	Letter written to the RMS regarding the timing at traffic lights.	June 2017
	Cr Gander asked what type of lighting will be used for Clergate Road.	Works Manager	Information included in the weekly email to Councillors on 16 June 2017	June 2017
18 April 2017	Cr Duffy requested the information on bats in Cook Park include reference to how Singleton have managed this issue.	Manager City Presentation	Information to be circulated to Councillors.	June 2017
18 April 2017	Cr Duffy asked a series of questions on valves and hydrants.	Water and Sewerage Strategic Manager	Report provided to the Council Meeting held on 6 June 2017.	Completed
4 April 2017	Cr Duffy asked about rats in William Street.	Manager Building and Environment	Matter to be investigated and information supplied to councillors.	June 2017
21 March 2017	Cr Duffy requested details of all costs for the Northern Distributor Road.	Director Technical Services	Information to be provided to Councillors.	June 2017
	Cr Duffy requested a report on the issue of bats in Cook Park and what action can be taken to remove the bats.	Manager City Presentation	Information to be circulated to Councillors.	June 2017
	Cr Gryllis requested Council report on the possibility of making other water reserves available for recreational purposes to be provided as soon as possible.	Director Technical Services	Report taken to the 6 June 2017 meeting on Gosling Creek. Follow up report on Suma Park and Spring Creek to be provided	July 2017
15 Nov 2016	Cr Duffy requested comparative information on infringements issued over 2015 under the manual system.	Director Development Services	Information to be provided to Councillors.	June 2017

	31/05/2017	30/04/2017
General Fund	44,627,883.20	44,729,299.05
Sewer Local Fund	35,107,588.60	33,672,127.70
Water Supply Local Fund	40,918,327.24	39,483,095.42
Orange CBD Special Rate
	120,653,799.04	117,884,522.17

Externally Restricted	31/05/2017	30/04/2017
General Fund	17,284,567.34	17,748,846.41
Water Fund	40,918,327.24	39,483,095.42
Sewer Fund	35,107,588.60	33,672,127.70
Auspiced	1,522,412.52	1,522,412.52
Internally Restricted	10,416,175.71	9,950,332.74
Unrestricted	15,404,727.63	15,507,707.38
	120,653,799.04	117,884,522.17

Term to Maturity Allocation	Maximum	Holding	Capacity
0 - 3 Months	100.00%	10.07%	89.93%
3 - 12 Months	100.00%	60.51%	39.49%
1 - 2 Years	70.00%	6.88%	63.12%
2 - 5 Years	50.00%	22.55%	27.45%
5+ Years	25.00%	0.00%	25.00%

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

Councillor	Adopted Budget	Actual/Committed (as resolved)	Remaining balance
Councillor Davis	$2,000	$2,000 – Forbes Flood Appeal	Nil
Councillor Hamling	$2,000	$500 – Canobolas High School $500 – Orange White Ribbon $500 – Clontarf Foundation $500 – Orange Bush Nippers	Nil
Councillor Brown	$2,000	$2,000 - Leukaemia Foundation	Nil
Councillor Duffy	$2,000	$500 – Come Together Choir $500 – Foodcare Orange $500 – Fusion $500 – Carewest Preschool	Nil
Councillor Gander	$2,000	$1,500 – Foodcare Orange $500 - Fusion	Nil
Councillor Gryllis	$2,000	$500 – Canobolas High School $500 – Carewest Preschool $1,000 – Forbes Flood Appeal	Nil
Councillor Jones	$2,000	$2,000 - Riding for the Disabled	Nil
Councillor Kidd	$2,000	$2,000 – Light it Red for Dyslexia	Nil
Councillor Munro	$2,000	$2,000 – Anson St School	Nil
Councillor Taylor	$2,000	$500 – Community Christmas Lunch $500 – Blossoms Rescue $500 – Historical Society $201 – Lions Club of Orange	$299
Councillor Turner	$2,000	$500 – Come Together Choir $1,500 – At The Vineyard	Nil
Councillor Whitton	$2,000	$350 – Riding for the Disabled $500 – Community Christmas Lunch $200 – Tiarah Jade Fisher $500 – Red Shield Appeal	$450

Reference	Amendment
Code of Conduct	Part 2 – Purpose of the Code of Conduct – Addition of: Council officials should be aware that the provisions of the Code of Conduct apply in full to situations where a Councillor or staff member, who identify themselves as associated with Orange City Council, make comment in traditional or social media.
	Section 6.5 – addition of “including Closed Meetings” as follows: You must act in accordance with Council’s Code of Meeting Practice and the Local Government (General) Regulation 2005 during Council and Committee meetings, including Closed Meetings.
	Section 8.12 – addition of “(including Closed Meetings)” as follows: You must not make allegations of suspected breaches of this Code at Council meetings (including Closed Meetings)* or in other public forums.*
	Definitions (in Code of Conduct and Procedures) – Addition of: Council Meeting – an ordinary, extraordinary or closed meeting of Orange City Council
Code of Meeting Practice	Policy – Applicability amended to include “Closed Meetings”
	Definitions – Addition of: Council Meeting – an ordinary, extraordinary or closed meeting of Orange City Council.
	Addition of 2.5.6 - A notice under this section and the agenda for, and the business papers relating to, this meeting may be given to a Councillor in electronic form, but only if all Councillors have facilities to access the notice, agenda and business papers in that form (Act – S 367(3)).
	Delete previous 3.6.3 - only the mover of a motion referred to in 3.6.2 (items in order of meeting being changed) may speak on the motion before it is put.
	Delete 3.7.5 - Despite Clause 3.18 only the mover of a motion referred to in sub-clause 3.7.4(a) (Motion to deal with late items) may speak on the motion before it is put.
	Delete 3.8.3 - Despite Clause 3.18 only the mover of a motion referred to in sub-clause 3.8.2(a) (Motion to deal with late items at extraordinary meetings) may speak on the motion before it is put.
	Added 3.25.9 - Where verbal notice of a rescission motion is given at a Council or Policy Committee Meeting, the Councillor(s) providing that notice must provide the signed, written rescission motion to the General Manager within two days of the meeting.
	8.1.2 – Office of the Mayor – removal of reference to “election by Councillors”
Asbestos Management Policy and Plan	The Policy and Asbestos Management Plan have been updated to reflect a number of changes including to SafeWork NSW (formerly WorkCover) mapping showing naturally occurring asbestos in the region. The Plan has also been updated in line with the amended Model Asbestos Policy for NSW Councils.

REVISION
	DATE	RESOLUTION		DATE	RESOLUTION
1	January 2006	06/685	7	November 2012	12/458
2	January 2007	07/207	8	16 April 2013	13/168
3	June 2007	07/258	9	1 July 2014	14/797
4	4 August 2008	08/841	10	21 July 2015	15/292
5	January 2009	09/453	11	5 April 2016	16/116
6	November 2011	11/517	12
All policies can be reviewed or revoked by resolution of Council, at any time.

Amendment Date	Section/Reference and Amendment
June 2017	Part 2 – Purpose of the Code of Conduct. Addition of paragraph: Council officials should be aware that the provisions of the Code of Conduct apply in full to situations where a Councillor or staff member, who identify themselves as associated with Orange City Council, make comment in traditional or social media. Section 6.5 and Section 8.12 addition of reference to closed meetings Included in definition - Council Meeting - an ordinary, extraordinary or closed meeting of Orange City Council Minor formatting updates.
February 2016	Amendments made by the Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015. Section 3.1 – General Conduct. New Part f Section 4.29 – Loss of quorum as a result of compliance with this part. New Part b
June 2015	Minor formatting changes. Clarification that provisions relating to gifts and benefits to Council delegates also relate to gifts and benefits offered to Council services.
July 2014	Changes to reflect change of name to Office of Local Government. Inclusion of Practice Direction 1 issued by Office of Local Government in relation to ensuring any individual or organisation appointed to Council’s Conduct Review Panel meet the eligibility criteria set out in the Procedures (Section 6.3 – Procedures).
February 2013	Major review of Code of Conduct in line with the new Model Code of Conduct and Model Procedures for Administration of the Code of Conduct, issued by the Division of Local Government and effective March 2013.
September 2012	Part 1 – Context. Addition of text to indicate this part does not constitute separate enforceable standards of conduct 6.11-6.15 – Dress Code. Amendment to remove name of contractor providing uniform, and to exclude fixed term/temporary staff and other staff as determined by the General Manager 6.17 – Health, wellbeing and safety. Updated to reflect Work Health and Safety Act 2011 7.29 – Appointment to other organisations. New clause to include requirements when Councillors or Council staff are appointed to external bodies or organisations 8.11 – Lobbying. New clause setting out how Councillors can ensure transparency when being lobbied

Section/Reference	Amendment
Policy	Applicability amended to include “Closed meetings”. Related documents amended to include Meetings Practice Note issued by the Office of Local Government.
1.1 – Definitions	Included definition of a “Council Meeting”
2.5 – Notice of Meetings	Added 2.5.6 - A notice under this section and the agenda for, and the business papers relating to, this meeting may be given to a Councillor in electronic form, but only if all Councillors have facilities to access the notice, agenda and business papers in that form (Act – S 367(3)).
3.6 – Order of business	Delete previous 3.6.3 - only the mover of a motion referred to in 3.6.2 (items in order of meeting being changed) may speak on the motion before it is put.
3.7 – Giving notice of business	Delete 3.7.5 - Despite Clause 3.18 only the mover of a motion referred to in sub-clause 3.7.4(a) (Motion to deal with late items) may speak on the motion before it is put.
3.8 – Agenda for extraordinary meeting	Delete 3.8.3 - Despite Clause 3.18 only the mover of a motion referred to in sub-clause 3.8.2(a) (Motion to deal with late items at extraordinary meetings) may speak on the motion before it is put.
3.25 – Altering or rescinding decisions	Addition of 3.25.9 - Where verbal notice of a rescission motion is given at a Council or Policy Committee Meeting, the Councillor(s) providing that notice must provide the signed, written rescission motion to the General Manager within two days of the meeting.
8.1.2 – Office of the Mayor	Removal of reference to Mayor elected by Councillors.

Section/Reference	Amendment
Definitions	Included definition of a “planning decision”
3.6.5 and 5.2.2 – Reason for confidentiality	Added section i) alleged contravention of any code of conduct requirements applicable under Section 440 (the Act)
3.6.7 – Public representations on closed items	Added that Council may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.
3.26.2 – Petitions	Clarification of what needs to be provided if a petition is lodged with Council
3.26.3 – Petitions	Petitions relating to operational matters will be referred to the General Manager
5.2.5 – Closed meetings	Removed reference to closed meetings held during Policy Committees
6.6.2- Procedure in Committees	Removed reference to casting vote of Chairperson of Sustainable Development Committee. No Policy or Community Committee Chairperson has a casting vote.
6.6.4 – Division	Added that a division of voting is required on tender resolutions
8.2.3 – Confidential information	Clarification of requirements for security of confidential information also applied to Community Committees.
Various	Replace “Division” of Local Government with “Office” of Local Government

Section/Reference	Amendment
2.13 – Open Forum	Changes to reflect open forum held as part of Ordinary Council Meeting. Presentations to Council must relate specifically to item on agenda for that meeting. Speakers to present orally only, no electronic presentation can be made.
2.15.1	New provision – Notice of business (ie reports, Notices of Motion) must be in writing and lodged with General Manager by no later than 10 days before scheduled meeting.
3.2.2	Staff should be addressed by position title rather than name during Council and Committee meetings.
3.6 – Order of Business	Amendments to table to reflect open forum held as part of Council Meeting. Inclusion of Declarations of Interest and Adoption of recommendations from Closed Meeting. Addition of Order of Business for Community Committees
6.4.2	General business cannot be raised at a Committee Meeting if due notice has not been provided
6.7.2	Provision for the Chairperson of Council’s Community Committees to confirm minutes are a true and accurate record for the purposes of submission to Council for consideration
8.2	Addition of provisions relating to the misuse of confidential information

Section/Reference	Amendment
3.1 – Chairperson	New provisions relating to the process for electing a Chairperson for a meeting, in the absence of the Mayor and Deputy Mayor
4.2 – Acts of Disorder	Removal of a clause that if a Councillor leaves a meeting without the permission of the Chairperson before all business has been concluded, this is determined to be an act of disorder.
6.2 – Functions of Committees	Confirmation that Committees make recommendations to Council but do not have power to make decisions or direct Council staff.

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.