Agenda of Council Meeting

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 5 June 2018

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Operations Manager, Works Manager, Manager Building and Environment, Manager Engineering Services, Water and Sewerage Strategic Manager, Management Accountant

1.1 APOLOGIES

RESOLVED - 18/226 Cr J Hamling/Cr S Nugent

That the apologies be accepted from Cr S Munro and Cr S Romano for the Council Meeting of Orange City Council on 5 June 2018.

1.2 LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

1.3 ACKNOWLEDGEMENT OF COUNTRY

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

Cr R Kidd declared a less than significant non-pecuniary interest in Item 2.1 of the Planning and Development Committee (Items Approved under the Delegated Authority of Council – DA 380/2016) as he has a personal relationship with the Principal of the Tony Leahey Motor Group.

Cr McRae declared a less than significant, non-pecuniary interest in Item 2.1 of the Planning and Development Committee (Items Approved under the Delegated Authority of Council – DA 49/2018) as she has a relative who is an employee of Kinross Wolaroi School.

Cr J Whitton declared a less than significant non-pecuniary interest in item 2.4 of the Services Policy Committee (Minutes of the meeting of the Centenary of World War I – 15 May 2018) as he is a Board Member of OCTEC.

Cr R Kidd declared a less than significant non-pecuniary interest in item 2.4 of the Services Policy Committee (Minutes of the meeting of the Centenary of World War I – 15 May 2018) as he is a Board Member of OCTEC.

Cr S Nugent declared a less than significant non-pecuniary interest in item 2.4 of the Services Policy Committee (Minutes of the meeting of the Centenary of World War I – 15 May 2018) as he is a Board Member of OCTEC.

Cr M Previtera declared a less than significant non-pecuniary interest in item 6.5 (Tender for Traffic Management Services) due to a business relationship with the tenderer.

2 Mayoral Minutes

Nil

A PRESENTATION WAS MADE TO BAILEY DICKINSON-BUBB WHO WAS HIGHLY COMMENDED FOR THE YOUNG LEGENDS AWARD (AWARD ANNOUNCED AT TIDY TOWNS CONFERENCE)

A PRESENTATION WAS MADE BY THE ARCHERY CLUB ON EFFORTS IN FUNDRAISING.

A copy of the presentation was provided to Cr Hamling.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.11PM

OPEN FORUM

IPC – 3.1 – Current Works (Fluoridation of Drinking Water)

Christine Brickwood

Ms Brickwood outlined her concerns regarding fluoridation of drinking water.

Springside School

Mr Peter Thomas

Mr Thomas requested Council consider assisting, by way of funds or services, to enable grant applications to be submitted for the Springside School House.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.30PM

QUESTION TAKEN ON NOTICE

Cr Duffy advised that in the 1980’s – 1990’s the Springside School House was under Council control and leased. What income was generated for this and what expenditure was incurred.

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 18/227 Cr J Hamling/Cr S Nugent

That the Minutes of the Ordinary Meeting of Orange City Council held on 15 May 2018 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 15 May 2018.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.30PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.31PM

4 Notices of Motion/Notices of Rescission

Nil

5 General Reports

5.1 Update on Resolutions of Council

TRIM Reference: 2018/1169

RESOLVED - 18/250 Cr J McRae/Cr S Nugent

That the information provided in the report by the Manager Administration and Governance on Update on Resolutions of Council be acknowledged.

QUESTION TAKEN ON NOTICE

Cr Duffy requested to be provided with the information regarding Swimming NSW he requested 15 May 2018 before this weeks’ meeting.

5.2 Statement of Investments - April 2018

TRIM Reference: 2018/1170

RESOLVED - 18/251 Cr S Nugent/Cr J McRae

1 That Council receives the Statement of Investments as at 30 April 2018.

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

5.3 Quarterly Budget Review and Performance Indicators

TRIM Reference: 2018/1315

RESOLVED - 18/252 Cr J McRae/Cr S Nugent

1 That the information provided in the report on the quarterly budget and performance indicators review for January to March 2018 be acknowledged.

2 That Council note the bank reconciliation statement.

3 That the variations arising from the March 2018 quarterly review amounting to an increase of $209,225 in the consolidated surplus be adopted.

5.4 NRMA Supercharger

TRIM Reference: 2018/909

RESOLVED - 18/253 Cr S Nugent/Cr J Hamling

That Council approve the establishment of a NRMA supercharger in Byng Street adjacent to the Visitor Information Centre.

5.5 Strategic Policy Review

TRIM Reference: 2018/1147

RESOLVED - 18/254 Cr K Duffy/Cr S Nugent

1 That Council place the following draft Strategic Policies on public exhibition for a minimum of 28 days:

· ST049 – Council Communications

· ST088 – Fraud and Corruption Prevention Policy and Plan

· ST101 – Ageing and Disability Services

· ST102 – Disability Services – Support Provision

· ST125 – Working on Council’s Water and Sewer Infrastructure

2 That Council adopt the following policies:

· ST046 – Liquid Trade Waste

· ST002 – Central West Libraries

· ST059 – Public Interest Disclosures

· ST011 – Community Engagement

· ST083 – Access to Information held by Council

· ST029 – Donations and Grants

· ST106 – Priority Weeds

5.6 Proposed Air Quality Monitoring Unit - Jaeger Reserve - 149 Hill Street

TRIM Reference: 2018/1260

RESOLVED - 18/255 Cr J Hamling/Cr J McRae

1 That Council enter into a five year lease (with one five-year option) with the Office of Environment and Heritage for part of Jaeger Reserve on the terms as referred to in this report.

2 That in lieu of rental payable to Council, the Office of Environment and Heritage make an annual donation to the Orange Croquet Club Limited of $2,000 per annum (ex GST) over the term of the Lease and any option period.

3 That permission be granted for the use of the Council Seal on any relevant document if required.

5.7 Cargo Road Land ACquisition

TRIM Reference: 2018/1280

RESOLVED - 18/256 Cr R Turner/Cr K Duffy

1 That Council proceeds with negotiations for the acquisition of land described in Schedule A under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991.

2 That upon acquisition, Council classify this land as Operational Land in accordance with the Local Government Act, and dedicates the road as road reserve.

5.8 Tourist Park Expression of Interest

TRIM Reference: 2018/1311

RESOLVED - 18/257 Cr G Taylor/Cr S Nugent

That Council call expressions of interest for the development of a tourist park on the gateway site.

5.9 Council Pound Services

TRIM Reference: 2018/1320

RESOLVED - 18/258 Cr S Nugent/Cr J Hamling

That the report on Council pound services be acknowledged.

5.10 Payment of legal expenses of Councillors

TRIM Reference: 2018/1335

RESOLVED - 18/259 Cr T Mileto/Cr G Taylor

That a more detailed report be provided to Councillors that includes compliance with the Local Government Act in relation to payment of legal expenses of Councillors.

QUESTION TAKEN ON NOTICE

Cr Taylor requested a report detailing the exact costings of the Councillor Legal Briefing.

5.11 Board Member nominations - CivicRisk Mutual

TRIM Reference: 2018/1352

RESOLVED - 18/260 Cr G Taylor/Cr J Hamling

That Council determine one Councillor representative and an alternate Councillor representative for nomination to the Board of CivicRisk West and CivicRisk Mutual, for the current term of Council.

RESOLVED - 18/261 Cr G Taylor/Cr J Hamling

That Cr Jeff Whitton be Council’s nominated Councillor representative on the Board of CivicRisk West and CivicRisk Mutual for the current term of Council.

RESOLVED - 18/262 Cr S Nugent/Cr G Taylor

That Cr Joanne McRae be an alternate Councillor representative on the Board of CivicRisk West and CivicRisk Mutual for the current term of Council.

QUESTION TAKEN ON NOTICE

Cr Taylor requested all Councillors be provided with all relevant documentation regarding the Orange number plates.

6 Closed Meeting

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

In response to a question from the Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.

The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.

RESOLVED - 18/263 Cr S Nugent/Cr T Mileto

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

6.1 EOI - Loan borrowings

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

6.2 Request to write off bad debt - Debtors Account 3207.52 - Deceased Estate

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.

6.3 Request to write off bad debt - Avdata Airport Account - Air Freight Solutions

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.

6.4 Tender - Provision of Security Services

6.5 Tenders for Traffic Management Services

6.6 Tender - Maintenance of Fire Protection Systems and Equipment

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.11pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.25pm.

7 Resolutions from Closed Meeting

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

6.5 Tenders for Traffic Management Services

TRIM Reference: 2018/1314

Cr M Previtera declared a less than significant non-pecuniary interest in this item due to a business relationship with the tenderer, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 18/264 Cr J Hamling/Cr S Nugent

1 That Council awards the contract for traffic management services to Midwest Traffic Management (Orange) Pty Ltd.

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

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr S Munro, Cr M Previtera, Cr S Romano

6.1 EOI - Loan borrowings

TRIM Reference: 2018/714

RESOLVED - 18/265 Cr S Nugent/Cr J McRae

1 That the loan funds be drawn from T-Corp (NSW Treasury Corporation) repaid in quarterly instalments over 10 years.

2 That should T-Corp (NSW Treasury Corporation) be unable to furnish our request, the loan funds are drawn from the Commonwealth Bank of Australia to be repaid over five years, with interest and principal calculated over 10 years with a renegotiation/refinancing of the residual amount after the initial five years.

3 That the General Manager be authorised to execute relevant documents.

4 That approval be granted for use of the Council Seal on all relevant documents if required.

5 That necessary advice be supplied to the NSW Government on Council’s borrowings.

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr S Munro, Cr S Romano

6.2 Request to write off bad debt - Debtors Account 3207.52 - Deceased Estate

TRIM Reference: 2018/1085

RESOLVED - 18/266 Cr K Duffy/Cr M Previtera

That Council adopt the bad debt write off for Debtor Account 3207.52 in the sum of $5,063.36.

6.3 Request to write off bad debt - Avdata Airport Account - Air Freight Solutions

TRIM Reference: 2018/1271

RESOLVED - 18/267 Cr J Hamling/Cr S Nugent

That Council write off the bad debt of Avdata Airport Account – Air Freight Solutions, to the sum of $13,178.56.

6.4 Tender - Provision of Security Services

TRIM Reference: 2018/1042

RESOLVED - 18/268 Cr R Turner/Cr K Duffy

1 That Council awards the contract for the provision of security services for Orange City Council to Alarm Australia.

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

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr M Previtera
Voted Against	Nil
Absent	Cr S Munro, Cr S Romano

6.6 Tender - Maintenance of Fire Protection Systems and Equipment

TRIM Reference: 2018/1259

RESOLVED - 18/269 Cr R Turner/Cr J Hamling

1 That the contract F2733 for the provision of the maintenance of fire protection systems and equipment to Allstaff Airconditioning ACT Pty Ltd (trading as BSA Maintain) for the amount of $40,344.00 for annual inspections and a maintenance technician rate of $85per hour with a $150 per callout for a three year period with an option for a further period of two years, subject to satisfactory performance.

2 That permission be granted for the use of the Council Seal on any relevant document if required.

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr S Munro, Cr S Romano

The Meeting Closed at 9.28PM

This is Page Number 10 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 5 June 2018.

Council Meeting 19 June 2018

5.2 Draft Community Strategic Plan 2018/28

RECORD NUMBER: 2018/1461

AUTHOR: Nick Redmond, Manager Corporate and Community Relations

EXECUTIVE Summary

At the Council meeting on 15 May 2018 the following was resolved:

RESOLVED - 18/217 Cr J Hamling/Cr G Taylor

That Council place the draft Community Strategic Plan, draft Delivery/Operational Plan 2018/19 – 2021/22 and draft Resourcing Strategy documents (Long Term Financial Plan, Workforce Management Plan and Asset Management Policy and Strategy) on public exhibition for a minimum of 28 days, with the inclusion of the donation request from the Orange and District Historical Society for the purchase of a device to digitise their photographic negatives.

The CSP consultation brought forward a variety of ideas and initiatives that have been utilised in adding to the baseline and programs of previous plans.

Many of the ideas and priorities which have come forward are already within the Plan or are able to be fitted within the scope of the Plan.

Others ideas put forward represent a higher level of service or funding that are beyond the resources or financial means. The CSP is a living document that can be reviewed over time to where it is possible to align with the priorities of the Orange community.

This report seeks a resolution to adopt the Community Strategic Plan 2018–2028.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.3 Our City - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions”.

Financial Implications

A Community Strategic Plan (CSP) is the highest level of strategic planning undertaken by a council. All other plans developed by the Council as part of the Integrated Planning and Reporting framework, must reflect and support the implementation of the Community Strategic Plan.

Policy and Governance Implications

The Local Government Act 1993 requires Council to exhibit the documents for a minimum of 28 days. The documents were exhibited for 28 days from 16 May 2018.

Recommendation

That the draft Community Strategic Plan 2018/28 be adopted.

further considerations

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


Service Delivery	The draft CSP sets an ambitious program of service delivery that will require annual review as part of the formulation of the Delivery Operational Plan.
Image and Reputation	The consultation process in developing the draft Community Strategic Plan was a generally positive process and well received by those engaged in the consultation. It created a level of goodwill around Council listening to the community. One of the challenges in such a process is that it does raise significant expectations as the volume of projects and initiatives often outstrips the resources, finances and jurisdiction of Orange City Council.
Stakeholders	The Community Strategic Plan was developed in consultation with the community, and includes community-developed objectives. The Strategies and Actions set out in the Plan identify how Council aims to meet those objectives.

SUPPORTING INFORMATION

Since 2012, all NSW councils have been required to prepare a suite of documents under the Integrated Planning and Reporting (IP&R) framework outlined in the Local Government Act and its Regulations.

The Framework is outlined in the following diagram:

Source: Office Local Government

Community Strategic Plan

At the commencement of a new term of Council, a Community Strategic Plan must be prepared in consultation with the community.

The engagement process was conducted online and face-to-face to ensure a broad-cross section of the community was provided with the opportunity to contribute their ideas.

This included:

· An online engagement period utilising the “Your Say” engagement tool

· A workshop with the Orange City Councillors

· Pop-up consultations at the shopping centre and the Orange Farmer’s Market

· Consultation with the community at the Glenroi community centre

· Invitation to 350 community groups seeking their input

· Workshops with school leaders from Primary and Secondary schools within Orange

· Workshops with the community

The aim of the engagement was to collect ideas, concepts and issues that were important to members of the Orange community. Each of the methods of engagement focused on three questions:

· What do I love about Orange?

· What can we do better?

· What do you wish was here?

Online participants were invited to provide an idea or comment around these three key questions. Participants at the workshops were asked provide ideas on sticky notes and contributors at the pop-up sessions discussed these ideas with Councillors and Council staff.

The online consultation was conducted via the Council’s online engagement tool, “YourSay” www.yoursay.orange.nsw.gov.au. The engagement tool launched the campaign with the theme of “Where to next?”

The community was invited to add their ideas, issues or comments to the online platform and were asked to:

· Show us on a map what you like about Orange and what you would change

· Float your bright ideas

· Tell us your story to show what you’d like to see happen in Orange

The face-to-face engagement ran between Saturday 3 February and Saturday 10 February, where Councillors and Orange City Council staff met with the community. Pop-up stalls were located within the Orange Central Square shopping centre, the Orange Farmer’s Market and the Glenroi Community Centre.

Workshops were conducted for primary and high school children and the general community in the Council chambers. In all, almost 100 people attended the workshops and we gathered more than 2000 ideas from the face-to-face sessions.

A separate online tool was established to collect ideas and contributions from Council staff.

The attached draft Community Strategic Plan was developed following this consultation.

CSP Initiatives

The aim of the CSP was to identify themes and high order objectives for the Orange community and then match services to those objectives.

An example of how this works is as follows:

Separate to this there were numerous projects and initiatives raised through Where to Next as follows:

Initiatives

· Aboriginal monument recognising history in the region

· Need for bubblers for homeless people

· Truck stop on distributor road

· Creative space for artist

· Interesting sculptures / public art

· Council/Community run farming venture on that land that was purchased for the airport industrial park

· Upgrade cultural centre, senior citizens centre

· Aviation business hub at Airport

· Entrance and welcome sign for Spring Hill

· James Sheahan crossing

· Tesla charging stations

· Southern Distributor – priority

· Curb and guttering for Spring Hill

· Incubators to encourage entrepreneurial space

· Consider a hospitality school that provides skills to school-leavers

· Men's shed for youth - will feel more accessible if designed just for youth

· Subsidised rents to attract business

· Gutters in some parts of Orange – not suitable for caravans or trailers, dangerous for people with wheelchairs, prams or motorised devices

· Upgrade Cultural Centre

· Peisley Street overpass

· Control elm beetle

· Better access for wheelchairs, motorized devices and prams

· Upgrade the Function Centre – don’t build a new one

· Dedicated art and cultural centre

· Spring Hill Heritage Festival

· More parking for RVs and caravans

· Youth Centre

· Voucher system for kids that do something for the community – reward with movies/games

· Roads need improving including Forbes Road, road past Ploughman’s Lane, the road to the Lake

· Car spaces in Woolworths carpark – too small for wheelchairs and prams

· Stop demolition of heritage cottages

· Assist volunteers to help the community

· Purpose built community facility in the CBD –for the aged and other groups

· Upgrade the senior citizens and cultural centre

· Improvements to men’s shed facility at Lucknow

· Build the Planetarium and Regional Conservatorium of Music in area north of Library

· Museum needs more space at the front of the building

· Space for a community garden

· Innovation centre – place to pitch ideas

· More rail crossings to reduce bottlenecks

· Toy Library

· Fix second crossing on Ophir Road

Levels of service

· Improve the standard of the roads

· Bins and excrement bags at Botanic Garden

· Expand the Banjo Patterson festival

· Waste:

• Red bins (both weekly and fortnightly)

• Smaller red bin

• Bulky waste pickup reinstated

• Two free Green Waste pickups per year

• Increase frequency around Christmas

• E-Waste disposal centre

• Public bins should have recycle ones next to them

• Better recycling

• More recycling bins

· Northern Distributor needs work

· More activities at the pool

· Maintenance on roads

· Cleaner public toilets

· Bigger allocation of the budget for parks

· More and improved cycle and walking paths

· More recreational and gym equipment at Lake

· Improve road markings

· No patching of footpaths; need complete replacement

· Street signage upgrade

· Upgrade Peisley Street to welcome visitors from trains and coaches.

· Five Ways entry needs a complete clean up required

· Upgrade Somerset Park

· Elephant Park needs some maintenance

· Cook Park needs a significant revamp – more maintenance and more plantings

· Better maintenance of cricket nets

Fees and charges

· Development and Contribution fees are too high

· Rates are too high

· Pool is too expensive

· Lower the tip fees to reduce dumping

· Reduce DA fees

Other agencies/organisations/tiers of government

· Yearly restock of fish in Lake Canobolas

· Safety cameras on roads

· Walking trails on Mount Canobolas

· Ban plastic bags

· Nappy laundering service

· Homes for the less fortunate

· Better public transport, frequency, timetable

· Better pruning of trees around power lines

· Soup kitchen

· Women’s refuge

· We need to improve the look and feel of the top of Mount Canobolas

· Waratahs sporting facility needs a clubhouse and new touch facilities

· Encourage use of electric cars with re-charging stations

· Motorbike track

· Improvements to Foodcare include lining up in shade and the use of toilets while waiting

· Foodcare should be expanded as an additional day, or in a different location (e.g. Central Orange for easier access)

· Better control of feral animals

CBD

· Coloured lights in CBD – fix and expand

· Multi storey carpark

· Forecourt/Mall/Outdoor shady rest area in CBD

· Water bubblers and water refill stations around the City

· Free Wi-Fi in the CBD

· Improve look and feel of CBD to attract more shoppers and retailers

· Pedestrian Mall - Anson Street

· More covered car parking – solar panels to offset costs

· More all day parking near the CBD for workers

· Encourage shop owners to revamp

· Pedestrian Mall

· Concrete footpaths in central part of Orange

· More seats in the streets

Recreation

· Recreational water sports at Suma Dam, Gosling Creek, Lake Canobolas, Spring Creek Reservoir, Zip lining, more beaches

· Pool waterslides

· Skate Park in North Orange

· Indoor kart centre

· Road racing track, drag racing, karts, car events

· Increase the number and maintain the standard of walking and cycle paths throughout the City

· Improve BBQs at Lake

· Indoor play centre/sports – perhaps at Bunnings

· More netball courts

· Adventure playground needs maintenance

· Open Gnoo Blas- racing track, burnout pad

· Need a public water play area (similar to Dubbo)

· Fenced playground for safety

· Investment needed in netball courts

· Wade Park upgrade

· BMX track

· Equestrian facilities

· Water slides

· Hockey – outdoor field and indoor centre

· Athletics track

· Rock climbing wall

· Mountain bike trail

· Football stadium

· Ice skating rink

· Water sports

· Paintball

· Bowling

· More playgrounds

· More places for fishing

· Parks for older kids

· Events for a teenage market

· Parks for wildlife

· Ninja-style obstacle course

· Football stadium, AFL, Rugby Union, Soccer

· Ice skating rink

· Mount Canobolas – bob sled

· Paintball

· Bowling

· Attract big name games here e.g. NRL, A League

· Gaming hub

· Shade sails over playgrounds

· Extend the fencing at the Anson St skate park to include the small children's area for safety

· Improve the showground

· Better and more bush walking tracks

· A fully fenced playground to allow children with disabilities to explore in a safe environment to prevent them from leaving the playground.

· Festival that isn’t food and wine

· Old netball court area could be developed as a cycle course such as Alexandria

· Full basketball court for East Orange

· Exercise stations in all areas of Orange

· Outdoor pool needs a cover to allow winter swimming

· Cycling tourism

· Poets Park

· New park in North Orange

· Reshape Wade Park – grandstand on both sides

· All weather athletics carnival

· Major Sporting Complex – rectangular fields

· Dragon Boats on Spring Creek Dam

· Build a central sporting facility similar to Mudgee

· Provide more support for events coming to town

· A "Youth Hub" for sport, health and support services – the whole community can access

· Local space for youth

· Parks for older kids

· Need activities in East Orange to keep kids occupied

Sustainability

· Plant trees and earn carbon credits

· Council lighting changed to LED

· More solar panels

· Islands for birds in the wetlands

· Water sensitive design for new developments

· Alternatives in the city for bottled water

· Water tank subsidy

· Community permaculture farms

There were numerous projects listed during the consultation but have not been included in the above as the projects and initiatives are well advanced or on the already on the agenda such as a new Council website, Forest Road, Southern Feeder Road and Dairy Creek Road upgrades and improved Christmas lights. Additionally, expanded recreational activities on waterways was also raised but is already a resolution of Council. Other matters such as rainwater tanks in new suburbs and footpaths in new suburbs are already dealt with under BASIX or Council policy.

As mentioned earlier in this report one of the challenges in developing the draft CSP is that it does raise significant expectations as the volume of projects and initiatives often outstrips the resources, finances and jurisdiction of Orange City Council.

These projects will be further assessed and where appropriate considered for future budgets or quarterly reviews.

Community Strategic Plan Exhibition

A dedicated section of the YourSay Orange website was again a key element of the final phase of the Community Strategic Plan consultation. The key message was to check back in with the community to see ‘if what the council heard, was what they said’.

This specialist engagement platform is proving a convenient way for local residents to find out more about key topics and then share their views.

The option of using the site was highlighted in two media releases about aspects of the draft CSP document, that were distributed to traditional media outlets.

Social Media

During the 28 day consultation period, the Orange City Council main Facebook page posted about the draft plan 7 times. It was also posted on Twitter and a sponsored post was played through Instagram.

Each post on Facebook reached between 800 people and 4000 people. The highest number of people who clicked on the link, per post, was 133.

During this period, Council paid for advertising on social media twice.

Many of the comments on social media regarding the CSP, were about specific suggestions and requests. Those people were directed to place their comments into the draft delivery operational plan.

The following are some examples of comments.

· If it involves an area for recreational watercraft, yes. Definitely! We have bike tracks, soccer fields, cricket fields, golf courses, skate parks, netball courts, basketball courts, hockey fields, parks, swimming pools, softball fields, football fields, etc, but have to go to Carcoar as the closest if you have a boat / jetski.

· Yes, you got it right!! Thanks everyone at Council for listening and thinking ahead to build our community 🌷

Council also issued an e-Newsletter on the CSP to 548 people, 50 per cent of those opened the email. An email generated through Council’s Your Say Orange page was also sent to 1444 subscribers. Of those, 30 per cent opened the email.

YourSay Orange

There were a total of 839 visits to the site.

365 visitors read articles or some other content.

The online articles looked at key aspects of the community suggestions

· Sport & recreation topping the list of suggestions. (180 views)

· How community suggestions are put into action (14 views)

· A longer list of the topics the community suggested (135 views)

Other sections of the YourSay Orange site also included key dates in the CSP timeline process, a FAQs section, videos about the CSP as well as links to all the draft CSP and Community Engagement reports.

There were 6 text-based comments left by visitors.

· Better footpaths needed near Canobolas High

· CSP process worked very well. Draft document needs a better-articulated set of values

· Great CSP process but should have been better publicised. As a community we rely too much mining

· Concern at moves to lessen involvement in Evocities

· Spring Creek should not be opened up for water activities as it is a refuge for rare water birds. Suma Park could be used for more water activities

· Give a greater emphasis for encouraging music for the young. For example by a new conservatorium.

· Neighbouring councils should work together to make more of Mt Canobolas

· Council’s website should have a section where local organisations could indicate their needs for volunteers, and more footpaths are needed in new housing areas.

· Orange has a serious shortage of parking in sporting, shopping and cultural areas

· Bring back kerbside clean-up

· Waste management 1. Less frequent household collections or smaller bins. 2. Reintroduce bulky collections. 3. Upgrade the recycling shop area at Ophir Rd.

· Council should work towards closing down the private trade waste business at Spring Terrace

62 people completed a survey.

As well as the survey results, the accompanying data shows 60% are aged between 25 and 54. The largest category is 45-54 year olds at 29.5%.

These showed varying levels of support for key themes in the CSP.

At one end of the spectrum there was strong support for develop Sport & Rec facilities (79% agree or strongly agree), sustainable energy use (91.6% agree or strongly agree) and better roads (96.7% agree or strong agree).

Largest negative responses were to themes of upgrading the CBD with 18.9% either opting for strongly disagree, disagree or neutral response.

The theme of promoting an organisation culture that delivers excellent customer service also produced moderate levels of lack of interest 25.8% were neutral or disagreed with this being a priority.

The CSP Survey Responses Report is attached.

During the exhibition period Council contacted committee members, agencies and community groups seeking input.

Written Submissions

Council received 6 written submissions during the exhibition period. Two were from Housing Plus highlighting concerns around “A lack of crisis and transitional housing”, “A significant year-on-year increase in the number of people presenting as homeless or at risk of homelessness”, and “A very high rate of domestic violence”.

Housing Plus also provided a Housing Needs Analysis. All three documents are attached.

The draft plan already included:

Objective 3: A friendly environment where people feel safe and included.

3.1. Support projects and programs that address crime and safety and contribute to an increased sense of safety in our homes and the wider community

3.2. Partner with key stakeholders to deliver infrastructure and activities that improve the safety and security of the community

and

Objective 5: Responsive programs and services that support our community’s lifestyle and social needs

5.1. Engage with the community to ensure facilities and programs meet changing lifestyle and social needs

5.2. Ensure the community services provided by Council are professionally managed, integrated and meet demonstrated needs

Housing Plus suggested two additional actions that have been added to the plan.

They are as follows:

3.3 Work with and assist Government Agencies and non-profit organisations to support victims of domestic violence and work towards a reduction in domestic violence.

and

5.3 Work with Government agencies and non-profit organisations to reduce incidence of homelessness by supporting the need for affordable and social housing.

The additional actions proposed by Housing Plus have been added to the plan.

Submission - Mr Neil Jones

Submission	Staff comment
Additional Objective 1.3. Enhance and promote the use of the public open space of the Cultural Precinct (Library, Art Gallery & Museum).	Not supported as covered under Objective 4: A creative community participating in arts and cultural activities and 4.2. Partner with key stakeholders to deliver cultural facilities and services that reflect the interests of a culturally diverse community.
Additional Objective 6: A community that values and protects domestic animals, and the role they play in residents' wellbeing, both physical, social and psychological.	Supported; consistent with current approach.
Additional Objective 6.1. Provide services and facilities that enable Council to fulfil its obligations under the Companion Animal Act.	Supported; consistent with current approach.
Additional Objective 6.2 Ensure that infrastructure exists for the safe exercising of domestic dogs.	Supported; consistent with current approach and current level of service.
Additional Objective 6.3 Partner with key stakeholders to deliver education and services relating to animal health and wellbeing.	Supported; consistent with current approach.
Additional Objective 6.4 Implement policies and strategies that protect the environment and other residents from the impact of domestic animals.	Not supported. Council must comply with the Companion Animals Act 1998.
Additional Objective 7.3 Ensure that policies and practices are in place to protect the sustainability and security of water destined for potable supply from the water catchment area.	Supported; consistent with current approach.
Additional Objective 9.4 Preserve, maintain and enhance streetscapes in existing and new developments.	Supported; consistent with current approach.
13 Transport services, connectivity and infrastructure that support community, tourism, business and industry.	Supported for the purposes of lobbying.
13.1 Support public and private rail, coach and air services.	Supported for the purposes of lobbying.
13.2 Support initiatives for improved connectivity between Orange and capital cities and regional towns.	Supported for the purposes of lobbying.

Submission - Mr Les Penrose

Submission	Staff comment
Specific plan required to deal with litter.	Included as a principle in Preserve as “reducing waste and protecting our natural resources”.

Submission - Orange and District Historical Society

Submission	Staff comment
Council to initiate heritage and local history; protect & enhance heritage – be proactive, save and value heritage and history in Orange and villages.	Not supported however acknowledged under existing Objective 10 10.1. Engage with the community to ensure plans for growth and development are respectful of our heritage.
Digitise newspapers, maps of area and Orange City Council minutes for study and research purposes.	Digitiser recommended in Delivery Operational Plan.
Develop old Lands Department Office building in Kite Street to document local history, for example orcharding and mining history of area. Orange & District Regional Museum does one-off exhibitions).	Not included. Current Paddock to Plate exhibition celebrated the region’s primary production.
Develop a positive, proactive collection policy for the museum and local history items in climate controlled storage that will take large and small items.	A collection policy already exists.
Employ more dedicated paid staff including a permanent curator for museum.	Appropriate staffing at current levels of service.
Develop tourism to include heritage and history, not just food & wine, for example buildings and heritage areas – eg: Duntryleague and other Dalton houses; heritage houses around Cook Park with gardens; heritage plaques on houses with leaflet and walk.	An expanded tourism offering is part of the discussions with Orange Regional Tourism.
CBD enhancement to maintain streetscape & promote heritage and history of Summer/Anson/Byng Street, add plaques or more signage about old buildings.	CBD upgrade to give consideration to heritage items.
Increase budget to enhance Cook Park and Botanical Gardens – include picnic areas in Botanical Gardens.	Items already budgeted under current level of services. Project works are undertaken on a needs basis i.e. the fountain, Blowes Conservatory and Botanic Garden’s bridge.
Maintain Significant Street trees – coordinate planting of groves of autumn leaf trees for Orange the “Colour City”. Plant green spaces as part of new subdivisions. Plant groves of trees at entrance ways to Orange.	Street Tree Policy already exists under current level of service.
Improve rail transport with extra services to bring visitors in to Orange.	Supported at new Objective 13: Transport services, connectivity and infrastructure that support community, tourism, business and industry.
Water sports for Suma Dam – view of wall, with park and picnic areas.	Subject of a resolution of Council.
More playgrounds – another adventure playground on south side of Orange.	Will be a consideration as Shiralee develops.

Submission - Spring Hill and Surrounding Districts Consultative Committee Inc

Submission	Staff comment
Ensure the quality of the water collected from the natural inflow of the Orange Water Catchment is maintained.	Supported: Consistent with above Objective 7.3 Ensure that policies and practices are in place to protect the sustainability and security of water destined for potable supply from the water catchment area.
Identify, acknowledge and promote the valuable asset of the highly productive fertile basalt soils that surround Orange to the South, in the Orange LGA.	Not supported however acknowledged under existing 12.4. Partner with key stakeholders to enhance opportunities for local business to grow and prosper And 7.1. Engage with the community to develop plans for growth and development that value the local environment.
Identify and capitalise on the economic contribution provided by the agricultural sector, and provide support to this sector.	Supported under 12.4. Partner with key stakeholders to enhance opportunities for local business to grow and prosper.
Undertake prior detailed Business Planning on major investment to demonstrate expenditure and funding allocation.	Supported under 17.1. Provide representative, responsible and accountable community governance And 17.2. Ensure financial stability and support efficient ongoing operation.

Submission - Mr Tim Wise

Submission	Staff comment
Is there an overall SWOT analysis of where OCC sits at present and where you want to get to. You should be benchmarking against other cities/districts.	Comparative data is released annually across the NSW Local Government sector. Benchmarking will be undertaking where appropriate comparisons can be made but not always insightful given varying priorities of other Councils.
You should be preparing Business Plans and undertaking detailed appropriate Due Diligence on all major investment.	Supported under 17.1. Provide representative, responsible and accountable community governance And 17.2. Ensure financial stability and support efficient ongoing operation.
Tourism Marketing is fairly weak. This needs to be a key objective especially relating to developing and utilising digital channels. Working with the surrounding Councils and regions is essential and needs to be mentioned. The District Marketing department is a good example and more needs to be done with this to help ensure the district gets its better than fair share of tourism. Again, you need to be benchmarking against other regions.	Strong focus and investment of tourism. There is now regional input and investment in Orange Region Tourism with Blayney and Cabonne Councils involved.
Something should be included on how you will try to restrict the demise of Retail and/or encourage more retail. This is a major issue affecting everyone globally.	CBD upgrade include in Delivery Operational Plan will seek to address retail attractiveness and performance.
There doesn’t seem to be enough on Technology, either encouragement of development and new industry, infrastructure enhancement, or within the Council itself.	Captured in 12.2. Support innovative industry sectors.
Ensuring viability of the Airport should be a key objective as it’s an essential requirement for the ongoing success of the district.	Captured in 13.2. Support initiatives for improved connectivity between Orange and capital cities and regional towns, 12.2. Support innovative industry sectors and 12.4. Partner with key stakeholders to enhance opportunities for local business to grow and prosper.
Cadia is crucial to the local economy and probably needs its own objective on how OCC will work that relationship.	Captured in 12.4. Partner with key stakeholders to enhance opportunities for local business to grow and prosper.
Education, especially the private schools which are under long term threat, and CSU probably need a specific objective on how to maintain, develop, integrate, etc.	The CSU element is captured in the support for the Murray Darling Medical School.

Submission – ECCO

Submission	Staff comment
Any development planned for the Mount Canobolas SCA should be undertaken within the guidelines provided by the revised Mount Canobolas Plan of Management, the New South Wales National Parks and Wildlife Mount Canobolas Recovery Plan, made necessary due to recent fires on the mountain, and in the case of any considered mountain bike activity, the Sustainable Mountain Bike Strategy.	A draft Plan of Management is being developed by the National Park and Wildlife Service. The plan is for adoption by the service.
Gosling Creek Reservoir: Suitable for public recreation, similar to Lake Canobolas. There has been an ongoing plan for its development for public access. The southern section of the reservoir is being considered for primitive camping, which is not supported. A preferred approach to the site in question would be the regeneration of the degraded landscape which is a feature of the southern side of the reservoir.	Strategy still under consideration.
Spring Creek Reservoir: Currently under consideration for recreation in the form of non-motorised craft. Any plans for future development of the Spring Creek Reservoir should not be undertaken without reference to the bird data collected in the past eleven years by the Orange Field. Naturalist and Conservation Society. Council also needs to allocate more resources into supervising the Spring Creek Reservoir precinct to reduce the amount of illegal ad hoc recreational use.	Strategy still under consideration.
Suma Park Dam: Not currently recommended for public recreation. A possible site for a future floating solar array.	Strategy still under consideration.
The Parks Alive program has been suggested previously, but has never eventuated. If the community is to be successfully engaged in a program promoting active community involvement in the planning and maintenance of our local parks and gardens, it will be necessary to provide funding for the employment of a suitably qualified member of Council staff to run the programme. Funds would also be required for equipment, advertising and training.	The Parks Alive progam is operational and hosts approximately 20 events annually.
A new citywide Development Control Plan should include: • A revised tree protection policy which is clear, well promulgated, enforced, and with penalties for its breach. • Council to implement the recent "greener places" document. • Better care of street trees including replacement of dead, diseased and damaged trees. • The establishment of a tree bond to protect trees which have been required by Council to be retained in a proposed development. • Information provided by the biodiversity mapping of all Council controlled land which involves the identification of threatened and endangered species and communities. • Incentives that encourage developers to promote sustainable building design. • Incentives to encourage the installation of solar panels. • Incentives for residents to plant more native trees on their properties.	The Development Control pan is being updated and will be subject to Community consultation.
In conjunction with Council's objective of increasing its installation and use of solar power it is also important that resources be devoted to an ongoing program of energy saving. It is also important that Council has access to state of the art expertise in the complex and rapidly changing world of renewable energy sources. To do this it is advisable for Council to include on its staff an electrical engineer who has the training and expertise in this area to ensure that best practice is adhered to when considering solar energy and energy saving strategies.	Council will continue to assess and where possible pursue energy efficiencies through a number of avenues including the cities Power Partnership.

Submission – Mr Cyril Smith - Orange and Region Water Security Alliance

Submission	Staff comment
Water is the future for the city and Council should maintain the security and quality of it whilst balancing any recreational use of the storage dams. To achieve this outcome the Alliance recommends: • Gosling Creek Reserve and Dam continues to be developed with the balance of recreational use and native re-vegetation. A caravan park or planned camping area would not be supported because of the cost and possible contamination impacts (refer to Management Plan). • Spring Creek Dam should continue as a purposely built dam for water supply for Orange. Council should investigate the possible active use of the water stored in this dam. To maintain the quality of the water it should be protected from contamination rather than relying on water treatment to ensure the community has good potable water. The surrounds should have a management plan to control weeds and other invasive pests. There should be appropriate allowances in the budget to achieve this goal. • Suma Park Dam should be highly protected from possible contamination because of its importance in supplying water for potable purposes. There should be no recreational activities on this dam. Council should investigate the feasibility of installing floating solar panels for the production of electricity.	Strategy still under consideration and CSP includes 7.2. Ensure best practice use of renewable energy options for Council and community projects.
The value of green spaces is and should be recognised in the community and incorporated into new estates.	CSP includes the following: The parks of Orange are important and valued by the residents and their importance should be recognised with appropriate maintenance and ongoing upgrade. The value of green spaces is and should be recognised in the community, with parks, wetlands and open spaces included in the planning process and incorporated into new estates. The trees in the streets are a feature of Orange and should be preserved.
There is a push for educating the community to be more environmentally aware and accountable for actions impacting our beautiful city.	CSP includes 7.1. Engage with the community to develop plans for growth and development that value the local environment.
Improving employment and training opportunities.	CSP includes 12.3. Support educational and training opportunities that retain young people, attract new workers and provide local employment.
Council should investigate the possibility of under passes to connect the newly proposed subdivision at intersection of the NRD and Mo long Road to Ribbon Gum estate, the Grammar School and Bel-air Estate.	Noted.
Develop the old netball courts into an urban forest with playground activities structures similar to the Botanic Garden Adventure Playground. The location would be good for planting some native trees, which would have the area to grow to some size, and flowering plants. The revamp of the Newcastle coal loading facility may be a guide.	Consideration of parking at the site currently under consideration.
Maintenance of weeds and pests at Spring Creek dam could be further developed in the management plans for the surrounds of Spring Creek Dam	Weeds management included in the draft Delivery Operational Plan.
Council should give better support to community groups working to achieve a more liveable city.	CSP includes 15.2. Support community organisations and groups to deliver services and programs.
It would appear that the community inputs into the planning of subdivisions in the Waratah area have not been listen to by developers. The large scale loss of trees in the area will lead to a hotter summer and a cooler winter area. As a result the future resident will be paying high heating and cooling cost.	CSP includes 7.1. Engage with the community to develop plans for growth and development that value the local environment.
The sediment control measures, to protect the waterways during development have been lacking showing a dis-respect to the natural environment.	CSP includes 7.3. Ensure that policies and practices are in place to protect the sustainability and security of water destined for potable supply from the water catchment area.
It appears that the BASIX environment assessment for new house construction is outdated for the current and future needs of the community. Council should encourage the developers, builders and owners to adopt a better than the minimum requirements during the assessment of subdivisions and DAs for construction.	CSP includes 7.1. Engage with the community to develop plans for growth and development that value the local environment.

Attachments

1 Housing Plus Submission 1, D18/31056 ⇩

2 Housing Plus Submission 2, D18/30430 ⇩

3 Submission - Neil Jones, D18/31059 ⇩

4 Submission - Les Penrose, D18/31108 ⇩

5 Submission - Orange and District Historical Society Committee, D18/31109 ⇩

6 Submission - Spring Hill and Surrounding Districts Consultative Committee Inc, D18/31110 ⇩

7 Submission - Tim Wise, D18/31111 ⇩

8 Submission - Environmentally Concerned Citizens of Orange (ECCO), IC18/11154 ⇩

9 Submission - Orange and Region Water Security Alliance, IC18/11241 ⇩

10 CSP Survey Responses report, D18/30421 ⇩

Council Meeting 19 June 2018

5.3 Draft Delivery Operational Plan 2018/19 to 2021/22

RECORD NUMBER: 2018/1450

AUTHOR: Nick Redmond, Manager Corporate and Community Relations

EXECUTIVE Summary

At the Council meeting on 15 May 2018 the following was resolved:

RESOLVED - 18/217 Cr J Hamling/Cr G Taylor

The draft budget delivers a $176k surplus and $63 million capital expenditure in the general fund ($5.8 million cost to Council see table page 13). There are also operating surpluses in water ($1.5 million) and sewer funds ($1.1 million) and capital works totalling $6.5 million and $2.8 million respectively.

Council is again undertaking an ambitious program of seeking external funding to deliver projects for the Orange community.

Key projects include $15 million towards a CBD upgrade (plus $15 million in year 2), $17.83 million for the Southern Feeder Road, $1.76 million for Cargo Road, $4.6 million for the NDR/William Maker Drive roundabout, $1.97 million for the Cricket Centre of excellence and $1.5 million for a new animal shelter.

Council has set aside close to $200,000 for the support of community organisations and events as part of donations and sponsorship budgets.

In formulating the plans the guidance of Council in terms of program, project and grant priorities have been fitted where possible. This has included the provision to build a new animal facility and funding to continue to pursue projects such as the Southern Link Road. Provision has also been made to seek to leverage further funding for Wade Park along with allocation for a further sport project to be identified for the current sport projects review.

Council has recently been advised of a successful application to the NSW Government Cultural Fund for a $4 million expansion of the Orange Regional Gallery. This project was already included in the budget and as such does not affect the bottom line position.

Those priorities and ideas which haven’t been able to be afforded at this stage will be further reviewed to look at opportunities going forward at quarterly reviews and subsequent plans as they provide a valuable ledger of community wishes.

In pulling forward some key projects the Plan is ambitious and will require some loans as well as significant effort in some cases to achieve co-funding and grants. The use of additional loans will result in Council’s debt ratio continuing to meet the NSW Government benchmark, assisted by the retirement of an existing loan in late 18/19.

It is considered that Council should be ambitious in pursuing a large project and service agenda, making the most of leverage funding opportunities to lift outcomes for the community.

At an operational budget level, Council has made significant savings on areas such as insurances, however some costs have risen well above the typical 1.8% rise afforded in the budget, particularly in terms of energy costs.

A difficult element of the budget has been the significant change to waste management as a result of China’s decision to significantly reduce the importation of recyclable material. The full effect of this decision is still being calculated but is expected to place further costs on Council. It is very early days in establishing new options for recycling in NSW, perhaps such as energy generation, however it is hoped that State and Federal Governments in concert with industry will establish a new strategic direction over the next year.

The 18/19 budget proposes that Council in the interim continues with short term recycling increases in costs as a necessary option while longer term strategic plans are developed across the industry.

Further additional operational levels of service are proposed in areas such as supporting companion animal services to cope with growth in demands. This has resulted in a low level of operating surplus in general fund and a moderate level of surplus in the utility funds (water and sewer funds) to contribute towards meeting future needs.

This report seeks a resolution to adopt the Delivery/Operational Plan 2018/19–2021/22 and Resourcing Strategy documents (Long Term Financial Plan, Workforce Management Plan and Asset Management Policy and Strategy).

Link To Delivery/OPerational Plan

Financial Implications

The proposed Delivery/Operational Plan identifies the operational and the subsequent budgetary impacts arising in the delivery of the levels of service proposed.

Policy and Governance Implications

The Local Government Act 1993 requires Council to exhibit the documents for a minimum of 28 days. The documents were exhibited for 28 days from 16 May.

Recommendation

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	No. of assessments	Value of assessments $M	Ad Valorem Amount	Base Amount	Base Amount % of Total	Estimated Yield $
Residential	15,889	1,927	0.005879	677.80	48.74%	22,098,004
Residential – Rural Residential	510	186	0.003303	677.80	36.04%	959,176
Residential – Clifton Grove	229	64	0.004287	677.80	36.23%	428,451
Residential – Ammerdown	43	13.5	0.005101	677.80	29.64%	98,325
Residential – Village	190	21	0.003684	402.29	49.71%	153,771
Farmland	375	263	0.001654	677.80	36.89%	688,922
Business	1,281	554	0.012450	677.80	11.19%	7,762,432
Business – Village	15	2	0.003684	402.29	49.94%	12,083
Special Rates
Orange Central Business Area	325	154	0.004357	N/A	N/A	670,769
					TOTAL	$32,871,933

2 That Council adopt the Schedule of Fees and Charges as listed in the exhibited draft Delivery/Operational Plan for the period 1 July 2018 to 30 June 2019, 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.

3 That the following expenditure, as detailed in the draft Delivery/Operational Plan, for the period 1 July 2018 to 30 June 2019 be voted in accordance with the requirements of Clause 211 (2) of the Local Government (General) Regulation 2005:

2018/19	General Fund	Water Supply	Sewer Operations	All Funds
Operational Expenditure	$73,042,504	$13,524,404	$9,729,782	$96,296,690
Capital Expenditure	$62,533,718	$6,532,749	$2,770,392	$71,836,859
Loan Repayments	$3,885,191	$264,402	$144,403	$4,293,996
TOTAL	$139,461,413	$20,321,555	$12,644,577	$172,427,545

4 That Council adopt the:

a 2018/19 – 2021/22 Delivery/Operational Plan

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

5 That Council approve $160,385.25 in requests for Financial Assistance as detailed in this report.

a General Donations - $34,814.25

b Sport Facility Grants - $50,000

c Sports Participation Program - $3041

d Sponsorships/Major Promotions/Events - $32,503

e Donation to Harness Racing Club - $20,000

f Emergent Funding Requests - $20,000

6 That the Councillor allowance be set at $19,790 and the Mayoral Allowance be set at $43,170 for 2018/19, being the maximum allowable for Regional Rural councils as determined by the Local Government Remuneration Tribunal.

7 That the child care fees and charges be amended and adopted as follows:

a Family Day Care Administration fee – from $1.80 to $1.50 (ex GST)

b Courallie Park Child Development Centre, Spring Street Children’s Centre and Yarrawong Children’s Centre - Full fee per child per day – from $115.00 to $100.00 (ex GST)

8 That the fees for the Companion Animals Act as circulated by the NSW Government be exhibited for 28 days as follows:

a Companion Animals – For a de-sexed animal - $57.00 with CPI to be applied from 1 July 2018

b Companion Animals - For a de-sexed animal owned by an eligible pensioner - $24.00 with CPI to be applied from 1 July 2018

c Companion Animals - For an animal not de-sexed - $207.00 with CPI to be applied from 1 July 2018

d Companion Animals – Animal not de-sexed but kept by a recognised breeder for breeding purposes - $57.00 with CPI to be applied from 1 July 2018.

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.

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


Service Delivery	The Delivery/Operational Plan identifies levels of service for the range of Council’s operations. These levels of service are also identified as part of the Asset Management planning documents. The Delivery/Operational Plan identifies the key services Council will deliver over the term of the Plan, and quarterly performance indicators will provide a measure of Council’s performance in achieving these objectives.
Image and Reputation	The Delivery Operational Plan is a pledge to the community to deliver an agreed level service, initiatives and projects over the next four years.
Stakeholders	The Delivery/Operational Plan identifies key agencies and other groups that are stakeholders in key Council activities. The Plan identifies the range of government agencies that provide advocacy, funding and partnerships to Council.

SUPPORTING INFORMATION

Delivery/Operational Plan

The Delivery Plan must cover a four year period and is designed to illustrate the tasks that will deliver the objectives and strategies as depicted in the Community Strategic Plan.

The Operational Plan has to show the current year of the four years depicted in the Delivery Plan. Given the duplication of information, Orange City Council, like a number of other councils, has determined to combine the Delivery and Operational Plans into one document.

The attached draft Delivery/Operational Plan presents the first four years of the 10 year Long Term Financial Plan that is a required element in the Resourcing Strategy within the Integrated Planning and Reporting framework as required under the Local Government Act 1993 (NSW).

Many of the actions and performance measures in the existing Delivery/Operational Plan have been carried forward in the draft Delivery/Operational Plan. This is consistent with the outcomes of the “Where to Next” consultation where current initiatives and projects were supported. On occasions during the consultation there was an appetite for delivering a higher level of service, a more accessible service or additional elements.

An example of this was the operation of the Aquatic Centre. “Where to Next” found the centre was well liked, however it could be more affordable and improved with the addition of a waterslide. Such initiatives would have significant impacts on operational and capital budgets.

The actions and performance measures in the new Delivery Operational plan will be reviewed over time to align with CSP.

Assumptions used in preparing the Delivery/Operational Plan are as follows:

· Rating increase as set by NSW Government – 2.3%

· NSW Local Government Award salary increase – 2.5%

· Consumer Price index increment – 1.8%

· Water charges – increase 3%

· Sewer charges – increase 3%

· Superannuation – 9.5%

· Continuation of budgeting of Financial Assistance Grant

Resourcing Strategy

The documents required in the Resourcing Strategy are attached to this report.

The Resourcing Strategy must include:

· Workforce Management Plan

· Assets Management Plan

· Long Term Financial Plan

The Asset Management Policy has been reviewed with minor formatting changes made. The Asset Management Strategy provides a high level analysis and summary of the Council’s assets management philosophy. To continue the alignment between the assets and financial information, the Strategy and associated Asset Management Plans will remain in draft until the Council has formally adopted the budget in the Delivery/Operational Plan. This approach will ensure the finalised versions of the Assets Management Strategy and the associated Plans reflect the actual allocation of funding as approved by Council for asset maintenance and renewals when it adopts the Delivery/Operational Plan which incorporates the budget.

The Long Term Financial Plan covers a ten year span as required. It provides draft budgets for the full ten years covered by the Plan and is the starting point for the Council’s consideration of budgets each time they are reviewed. The financial information in years 1-4 of the Plan are used to create the four year Delivery/Operational Plan.

The Workforce Management Plan is required to be a rolling four year plan. It considers workplace issues such as succession planning, training, staff sentiment and the workforce profile in order to provide input into the structure and management of the Council’s operations. It has been updated to include the latest data on recruitment.

Consultation and Feedback

A dedicated section of the YourSay Orange website was again a key element of the community consultation about the proposed budget (2018/19 Delivery/Operational Plan).

This specialist engagement platform is proving a convenient way for local residents to find out more about key topics and then share their views.

The option of using the site was highlighted in three media releases about aspects of the budget distributed to traditional media outlets. There was coverage of the Delivery Operational Plan by traditional media outlets.

Social Media

During the 28 day consultation period, the Orange City Council main Facebook page posted about the draft delivery operational plan 7 times. It was also posted on Twitter and a sponsored post was played through Instagram.

Each post on Facebook reached between 300 people and 1700 people. The highest number of people who clicked on the link, for a single post, was 133.

During this period, Council paid for advertising on social media once.

There were several comments on social media regarding the draft delivery operational plan.
Some examples include:

· Funding for the Arts!

· Keep red bins weekly and make yellow bins weekly also, more parking at hospital, reinstate bulky waste collection... that's my 2 cents

· No.wade park is a $$$$ pit.only playing field thats had a million spent on it only to play cricket on...money could be used to build a state-of-the-art sports feild like mudgee close to town like show ground.

· Can we have some public art please

· Lets hope that council allow for TGSI indicators at the curb ramps to all crossings to make the CBD accessible for people with Vision impairment. Rather than just make it look pretty!

Council also issued an e-Newsletter on the delivery operational plan to 548 people, 50 per cent of those opened the email. An email generated through Council’s Your Say Orange page was also sent to 1444 subscribers. Of those, 43 per cent opened the email.

YourSay Orange

There were a total of 1100 visits to the site and 351 visitors read articles or some other content.

The online articles looked at key aspects of the budget proposals, including

· An overall summary with pie-chart graphs. (12 visits)

· The CBD upgrade as an economic driver for Orange, along with other key capital projects (153 visits)

· Major projects in the annual roads budget (80 visits)

Other sections of the YourSay Orange site also included key dates in the budget timeline process, a FAQs section, visual elements as well as links to all the key budget documents.

There were 17 text-based comments left by visitors as follows:

· 4 - Reconsider and introduce new bulky waste collections

· 4 - Give CBD upgrade a priority, attract more shops, include community spaces

· 2 - Better funding for villages

· 1 - Better coordination of junior Rugby League grounds

· 1 - Higher priority for Canobolas Mountain Bike Park

· 1 - support Historical Society scanning funding

· 1 - Reconsider Family Day Fees for Educators

· 1 - Subsidise CBD rentals

· 1 - Planned spending on Southern Feeder is too high

· 1 - Build traffic lights or roundabout at Moulder/Sale St Intersection

· 1 - Please consider Selwood Lane for an upgrade. Currently dirt road

· 1 - Spend money on new recreational option we don’t have (i.e. water sports) rather than more facilities for sports that are already catered for

41 people completed a survey.

These showed varying levels of support for key elements of the budget.

The YourSay Budget Project report is attached. (D18/30150)

Written Submissions

Separate to the above feedback Council also received four formal submissions.

The Orange Woodworkers Association are seeking donation funds additional to those recommend in the donations section of this report.

Mr Ian Fardell submitted that there was a need to allocate increased funding for the existing road network rather than “channelling it all into the large projects”.

The Orange Eight Day Games have a funding submission in seeking $3000 under Event Sponsorship donations. The policy was applied and the request recommended for decline. The committee has written asking for the matter to be revisited.

Mr Phillip Orton raised concerns about lighting at the intersection of the Northern Distributor Road and the Clergate Road. This lighting project is scheduled to proceed in the 2018/19 year.

These submissions are attached.

Councillor Feedback

During the current financial year a number of matters were raised by Councillors or put forward in reports for budget consideration.

These included:

Resolution	Staff Comment
Banjo Patterson Park be developed over the next five years with funding contribution of donations supplemented by amounts determined by Council in the Delivery/Operational Plan.	Not included at this stage.
That the design and costing for the implementation of recommendations by the Canobolas Local Area Command Safety Audit Reports for Moulder Park, Elephant Park and Cook Park be undertaken and that the cost for the implementation of the recommendations be included in the considerations for the 2018/2019 Delivery/Operational Plan.	Not included at this stage - $95k estimate. To be considered at quarterly review.
That an amount of $5000 per quarter be provided for emergent funding requests for donations and that Council consider a budget process which allows for emergent funding requests, as well as allocated amounts, in the 2018/19 budget process.	Included.
That Council consider the installation of a hearing loop system in the Council Chamber as part of the next Delivery/Operational Plan.	Not included – to be considered when carpet is due for replacement or alternatively to be considered at quarterly review.
That the Draft Fees and Charges for Children’s Services be increased to recover the loss of funding as a component of Council’s Delivery/Operational Plan 2018/22 process and that should Government funding be obtained, the child care fees be adjusted accordingly to reflect an overall breakeven point for the provision of Children’s Services.	Funding is continuing (see part 7 of the recommendation).
That Council consider in the next Delivery/Operational Plan a donation to the Orange and District Historical Society for the purchase of a device to digitise their photographic negatives.	Cost estimate $25k. My Market Menu not proceeding and $20k diverted to this equipment.
That Council allocate $20,000 in its 2018/2019 Delivery/Operational Plan to secure the My Market Menu event in Orange.	During exhibition Council has been advised that this promotional opportunity is no longer proceeding. It is recommended these funds be used to purchase the digitiser to assist the Orange and District Historical Society.
That Council consider allocating funds in the next Delivery/Operational Plan for decorations to celebrate Christmas in the City.	Included. $25k estimate.

Separate to this was a Council resolution to establish rest stops east and west of the City. The resolution was to build them rather than refer them to the Delivery/Operational Plan. The rest areas are to include:

· a toilet block with disabled toilet including security lighting

· space for caravans and RVs to stop

· picnic area including BBQ’s with shaded seats and garbage bins

· a children’s play area

· a large sign including a map of Orange and visitor attractions

It was resolved that Council seek State and Federal Government funding for these rest stops.

A preliminary cost assessment has been undertaken. The establishment of the rest stop east of the city in the vicinity of the Redmond Place driver reviver is in the order of $670,000.

The establishment west of the city is significantly more in the order of $1.55 million as land purchase would be required.

For the purposes of formulating a draft budget $40,000 has been included for the purpose of developing a detailed design for the eastern site which could then be used for grant applications and tenders. Grant funding is an appropriate source for this project as there is a role for other levels of government to fund services for those travelling through the city and the Central West. It is suggested that the western rest stop be revisited in subsequent budgets.

At a Council meeting in December last year it was resolved that the issue of waste collection (including bulky waste) be included in the Community Strategic Plan consultation process.

The matter of bulky waste pick-ups was a common issue raised during the “Where to Next?” consultation and has been raised during the exhibition period for this draft Delivery Operational Plan.

The 10 year domestic waste and recycling contract commenced 4 April 2016.

Two options for provision of a residential bulky waste collection contract were considered by Council:

· Option 1 - Provision of a scheduled service (one service per annum) with a tendered service rate of $6.9839 (GST exclusive amount) per assessment/rate notice.

· Option 2 - Provision of a “user-pay” service limited to one service/residence/month with a tendered service rate of $187.50 (GST exclusive amount). This was the Council adopted and preferred bulky waste service option. The 2017/18 service cost is $212.50 (GST inclusive amount) following application of CPI increases from the year of tender.

Under the previous 10 year service contract, Council allowed for one bulky waste service and one organics service. This changed to two bulky waste services per annum when the kerbside organics collection service commenced on 1 July 2013 as an interim arrangement prior to commencing the current contract in 2016.

While a bulky waste pick-up has had limited uptake and has not been included in the plan at this stage if Council was to include it the above mentioned fee of $6.9839 (GST exclusive amount) per assessment could be exhibited.

There is a legislative requirement (Local Government Act cl 504) that waste services be fully self-funding. Explicitly, Council can not apply income received from ordinary rates towards the cost of the provision of waste services and must fund waste services from annual charges levied specifically for the purpose of the waste services offered.

Prior to exhibition Councillors were asked to provide feedback on initiatives for consideration in the delivery operational plan and a Councillor briefing was held on 12 June.

The following was received:

Councillor initiatives	Staff comment
Increased Councillor visibility and consultation with community.	Consider as part of communications strategy.
Orange as Australia’s Healthiest City Initiative - a longer term program, with basic scoping in the year 1. Aligns with economic development in health sector but also creates opportunities to reduce costs of services through healthy population.	Not included at this stage. Consider at quarterly review if needed with staff to undertake preliminary scoping.
Support for women in leadership in Council including staff to attend ALGWA or similar conferences to build capacity	Consider within staff training budget for relevant staff.
Capacity building exercise to support for clubs/associations/community groups, particularly around budget submissions and procedures for grants.	$20K - subject of a Building Better Regions Fund application.
Purchase Electrolux site and build a state of the art “waste to energy” plant.	Not included at this stage.
A transport forum to promote the need for improved public transport links and services to Sydney and within Orange.	Not included at this stage. Approximately $5k.
A reach mower for ditches and verges.	Able to hire under current arrangements. Plan to establish program and evaluate use and demand for reach mower. More detail on works required. The current level of service is being maintained. I site visit for specifics could assist.
City beautification - Lucknow (trees etc.) and entrances into Orange.	$65k in capital projects list for village’s works as per action plans developed in consultation with communities.
Grants to organisations - no interest loans, low interest loans and free grants.	Grants and donations are dealt with later in this report.
Guidelines, compliance requirements and enforcement.	Plan to evaluate on a needs basis and consider at quarterly review.
Waste management contract JR Richards.	See China Sword detail in this report.
CBD revitalisation with Smarter Cities and the “Last mile”.	CBD upgrade included.
Cultural Centre maintenance and upgrades.	Prior to the exhibition period Council met with the Orange Lace Maker Association which raised a number of issues around maintenance and upgrades to the Cultural Centre in Sale Street. A preliminary assessment of the requested works has been undertaken and interim priorities established. A more thorough assessment is required and the highest priorities will then be considered in the maintenance budget.

While the Delivery Operational plan was on exhibition and following exhibition additional Councillor initiatives were put forward.

These include:

Councillor initiatives

Staff comment

Cr Kidd:

Concerns raised regarding Racing Orange and Orange Harness Racing funding.

The finalisation of the Racing Orange funding agreement if it is to proceed is within the current financial year. The Orange Harness Racing funding is $20k in the draft budget and is part of a funding agreement of which Council is a signatory.

If there was to be consideration of these funds not being provided it would need to be by way of a rescission motion.

Cr Kidd:

Support for Orange Eight Day Games.

The committee is seeking $3000. The submission was declined as per policy.

Cr Kidd:

Withdrawal of Granny Smith Festival funding.

Possible reallocation to other event.

There is $1626 allocated plus staff support for this festival held in Ryde.

Cr Kidd:

Increased support for the City of Orange Brass Band. $10,000

The City of Orange Brass Band requested $6,109.95. The policy was applied and $2000 recommended.

Cr Kidd:

Increased support Come Together Choir

$3000 requested; as per policy $1500 recommended in General Donations.

Cr Kidd:

$5000 support for Walk 4 Hope 2018 and Hunt 4 Redhead 2018 (fundraising events for Huntington's Disease)

Sought $5000 under donations; recommendation as per policy

Cr Kidd:

Support for Orange and District Softball Association for portable temporary disabled toilet for 2018/19 softball season

Sought $2156 under donations; recommendation as per policy declined.

Cr McRae:

Master plan for airport - ensure alignment of funds between Airport Master Plan recommendations and Council delivery program:

Development of additional parking as a priority - funding allocation (*not just reliant on grants)

Safety of vehicular entry and exits to Airport, entry onto 100km/h section of road, poor visibility; increased traffic to hospital on Forest Road

Entry gateway to Orange - needs attention as visitor touchdown

Cyclists using roads near airport - road widths, potholes, safety issue for road users in road development.

An increase in the number of sealed parking spaces has been identified and has been the subject of application to other government funds. A new round of Resources for the Region opened on 12 June and it is proposed to consider parking at the airport for this fund.

A Huntley Road upgrade was part of the proposed airport business park project. Once it was resolved not to proceed with that initiative the road upgrade was withdrawn from the four year plan.

The level of loan repayments are detailed in the recommendation of this report.

Cr Romano and Cr Previtera

With the exhibition of the CSP, we have had residents interested in cycling approach us requesting Council look at the construction of an indoor velodrome as a potential project for both Orange and the region.

A velodrome is aligned to feedback Council has already seen in the CSP in providing for sport and recreation. If feasible such a sporting facility could attract significant regional events and support the very strong cycling community of Orange and could be funded to a large level by grant funding.

It is requested that the facility be evaluated and if feasible looked at in future budgets.

There are approximately seven indoor velodromes in Australia.

They are all wooden tracks, predominately in capital cities and most with seating of around 2000.

Given these facilities were generally constructed for elite competition including the Olympics and Commonwealth Games the costs are significant including the Dunc Gray Velodrome built for the Sydney Olympics at $45 million and the facility built for the Brisbane Commonwealth Games, the Anna Meares Velodrome, at $59 million. If Council were to pursue such a facility a smaller scale is recommended for investigation.

At a briefing sessions on 12 June the following was put forward:

These include:

Councillor initiatives

Staff comment

Cr Kidd:

Adventure playground and carpark maintenance

Other than minor pothole repairs as required any planned upgrade of the carpark should be programmed with the proposed William Maker Drive / Hill Street Roundabout and new entrance treatment to the Botanic Gardens precinct. Based on 8,500m2 Council would need to set aside $61,000 for minor patching reseal and line marking or $380,000 for Heavy Patching, Asphalt and Line marking. This approach will be used as an interim measure until funds are available for a significant lift.

Cr Kidd and Cr Nugent :

ELF maintenance and solar

Maintenance under way.

Renewing solar would be approximately $5000.

Cr Mileto:

Function Centre sound quality questions

Sound recently upgraded. Last two events were outside contractors engaged by the hirer. Need to check detail as confident current system meets needs.

Cr Kidd:

Naylor Pavilion kitchen and toilets

Subject to live funding application.

Cr Kidd and Cr Mileto:

Entrance upgrades and landmark signage

Landscape designs are done for the Cargo Road entrance as part of road project.

Further assessment required for other entrance project consideration.

Cr Mileto;

Disabled swing at Cook Park/Lake Canobolas/Gosling Creek

Costings need to be established.

Key projects and co-funding

In March 2018, Council considered a staff report on Grant Funding and Project Priorities resolving as follows:

RESOLVED - 18/001 Cr G Taylor/Cr R Kidd

That Council note this report and note the grant submissions recently put forward to the State and Federal Governments and endorse the suggested project priority list

This report identified a funding framework which has increased in specificity, complexity and changeability over time, along with some rich grant opportunities in the short term. A key project priority of the following was established:

· CBD renewal and upgrade

· Southern Link Road

· Northern Distributor/William Maker Drive realignment

· Specific criteria programs such as Cultural projects (e.g. Conservatorium) and Economic Development projects (e.g. Airport security/parking)

· Sports Project arising from current review

A summary of co-funding is provided below:

Summary by Fund	Proposed 2018/2019	Funding	Net Cost to Council
General	62,533,718	(56,751,572)	5,782,146
Water	6,532,749	(2,727,870)	3,804,879
Sewer	2,770,392	(938,702)	1,831,690
	71,836,859	(60,418,144)	11,418,715

Donations

The only avenue for Council to assist other organisations financially is in accordance with Section 356 of the Local Government Act. Where the organisation is operating for its own financial benefit, Council must advertise any offer of financial assistance to seek community comment.

In December 2017, Council wrote to all applicants (not just successful applicants) who have sought a donation or sponsorship over the past three years encouraging them to make application for donations as part of the budget process. Council has also run advertisements and had information on the Council website on the donations and sponsorship processes. Attached to the report is a summary sheet of all applications received by the due date. Councillors have been supplied with full copies of all applications under separate cover.

The donations have been assessed against the criteria is the adopted donations policy.

The proposed donations allocations for all donations areas over the four years in the draft Delivery/Operational Plan are shown below.

Category	2018/19	Balance after below tables	2019/20	2020/21	2021/22
General Donations	60,000	$25,185	60,000	60,000	60,000
Sports Facility grants	50,000	Nil	50,000	50,000	50,000
Sports Participation program	13,900	10,859	13,900	13,900	13,900
Sponsorships/major promotions/events	32,503	Nil	33,088	33,684	34,920
Donation to Orange Harness Racing	20,000	Nil	20,000	20,000	20,000
Emergent funding requests	20,000	20,000	20,000	20,000	20,000

Council received 67 applications for donations and sponsorships.

It should be noted that funding also flows to in region events via the tourism services contract. The tourism services contract monies have been preserved in the budget with an allocation of $400K per annum.

Council has received the below requests for financial assistance of:

General Donations of $34,814.25

Ref	Applicant	Description	Request Cash	Request In-kind	Recommend Policy (Adopted 5 June)
1	Bowen Community Technology Centre	Free technology and practical support for students and for adults	$3,000.00	$Nil	$1,500.00
2	Canobolas Highland Pipe Band	Performances at community events	$1,500.00	$Nil	$1,500.00
3	Cantar Inc	Combined Choir Charity Concert - September 2018	$500.00	$Nil	$500.00
4	Come Together Choir	Purchase equipment (chairs used on stage during performances and function seating)	$3,000.00	$Nil	$1,500.00
5	Epilepsy Support Group Central West	Epilepsy nurse	$5,000.00	$Nil	$1,500.00
6	Fusion Australia Ltd	Fusion Community Centre (a place of rest and relaxation open to the public)	$3,000.00	$Nil	$1,500.00
7	Glenroi Community Group	Sporting events, social outings, RSPCA health checks, vaccinations and community contact through schools and media	$3,000.00	$Nil	$1,500.00
8	History Council of NSW	Orange Readers and Writers Festival 2018 - 28 July 2018	$1,000.00	$Nil	$1,000.00
9	Mid-Western Consumer Advisory Group - The O'Brien Centre	Disabled toilet	$1,500.00	$Nil	$1,500.00
10	Orange and District Early Education Program (ODEEP)	Purchase of specialised equipment for children with a disability (loan library items to test suitability for their own child's use)	$2,500.00	$Nil	$1,500.00
11	Orange and District Softball Association	Portable temporary disabled toilet for 2018/19 softball season	$2,156.00	$Nil	Decline
12	Orange Aero Club	Ongoing maintenance and upkeep Aero Medical Exchange Facility	$5,000.00	$Nil	$1,500.00
13	Orange Parkinson Support Group	Orange Parkinson's Support Group luncheon 2018	$600.00	$Nil	$600.00
14	Orange Society of Model Engineers	Miniature railway in Matthews Park - relocate existing pedestrian warning signs and labyrinth on the pathway on the western side	$1,000.00	$Nil	$1,000.00
15	Orange Theatre Company Inc	Costume storage racks	$5,000.00	$Nil	Decline
16	Orange War Widows' Guild Social Club	Lunches and other social outings for members	$500.00	$Nil	$500.00
17	Orange Woodworkers Association	Purchase of equipment (band saw)	$3,000.00	$Nil	$1,500.00
18	Spring Hill and Surrounding Districts Consultative Committee	Short educational sessions (aquifer and water catchment areas for Spring Hill/Huntley and wider area)	$200.00	$Nil	$200.00
19	The Shepherd Centre (for Deaf Children)	Sing and Grow Music Therapy Program	$3,000.00	$Nil	$1,500.00
20	St Vincent de Paul Society	Vinnies Van and Cafe special works	$3,000.00	$Nil	$2,000.00
21	City of Orange Eisteddfod Society	Prize giving - Junior Pianoforte Scholarship	$600.00	$Nil	$600.00
22	Country Women's Association of NSW - Central Western Group	2019 Schools Public Speaking Competition	$200.00	$Nil	$200.00
23	Calare Public School	School Presentation Day 2018 - Orange Function Centre	$1,175.00	$Nil	$881.25
24	Canobolas Cottage Inc (t/a Ronald McDonald House Orange)	Annual Ball 2018 (Carnivale - Under the Big Top) (request for a fee reduction)	$2,000.00	$Nil	$750.00
25	Orange Legacy Club	Legacy Week 2018 - Banners in Summer and Anson Streets (request for a fee reduction)	$400.00	$Nil	$400.00
26	Orange Schoolhouse Quilters	Rent assistance for Senior Citizens Centre usage (request for fee reduction)	$1,000.00	$Nil	$750.00
27	Orange District Girl Guides	Rates reimbursement (365 Peisley Street)	$1,251.76	$Nil	$940.00
28	Orange Preschool Kindergarten	Rates reimbursement (13 Moad Street)	$2,654.74	$Nil	$1,993.00
29	City of Orange Brass Band	Rates reimbursement (62-64 Endsleigh Avenue)	$6,109.95	$Nil	$2,000.00
30	Orange High School	School annual prize giving - Presentation Evening 2018	$200.00	$Nil	$200.00
31	All schools in Orange	Prize money for schools - available on application (20 less one x $200)	$4,000.00	$Nil	$3,800.00
			$91,857.30	$Nil	$34,814.25

Sports Participation Program donations of $3,041.00

	Applicant	Description	Request $ Cash	Request $ In-kind	Recommend $ Policy (Adopted 5 June)
32	Orange and District Softball Association	Multiple Teams in One Sports Association (7 teams) - Softball - 2018 Regional Representation	$1,750.00	$Nil	$750.00
33	Western Region Academy of Sport (WRAS)	Assisting athletes in Orange-based training sessions (per capita contribution)	$2,291.00	$Nil	$2,291.00
			$4,041.00	$Nil	$3,041.00

Event Sponsorship donations of $32,503.00

	Applicant	Description	Request $ Cash	Request $ In-kind	Recommend $ (Adopted 5 June)
34	Appledale Processors Co-Op	Orange Apple Ramble 2019 - 27 April 2019	$5,000.00	$Nil	$1000.00
35	Australian National Field Days	Australian National Field Days	$5,000.00	$Nil	$1500.00
36	Blue Heel Cloggers - Dancing With Bite!	Representing Orange at the Granny Smith Festival 2018 - Eastwood - October 2018	$2,000.00	$Nil	Decline
37	Brooking, Rachael	Walk 4 Hope 2018 and Hunt 4 Redhead 2018 (fundraising events for Huntington's Disease)	$5,000.00	$327.80	Decline
38	City of Orange Eisteddfod	City of Orange Eisteddfod 2018 - receive $20,000.00 in reduced fees and charges each financial year	$21,500.00	$20,000.00	Decline
39	City of Orange Veterans Golf	Orange Golf Classic for Veterans 2019	$1,300.00	$Nil	Decline
40	Dirt Lane Press	Publication and Launch of Book - "Leaf Stone Beetle"	$3,000.00	$Nil	Decline
41	Food of Orange District Week	Food Week 2019 - 5-14 April 2019	$5,000.00	$Nil	$1500.00 (Funding is also included in the TDO contract.)
42	Golf Orange (Orange Ex-Services' Club)	City of Orange Golf Championships 2018 - 29 September 2018 to 1 October 2018	$5,000.00	$Nil	Decline
43	Leukaemia Foundation	Light the Night 2018	$2,000.00	$Nil	Decline
44	McCormack Barber Real Estate	New Year's Eve Fireworks (Party Under the Stars) 2018	$22,000.00	$Nil	$10,000.00 plus $10,000*from city events.
45	Orange Colour City Running Festival Committee	Orange Running Festival 2019 - 23-24 February 2019	$1,500.00	$2,000.00	$1500.00
46	Orange Eight Day Games	Orange Eight Days Games 2018	$3,000.00	$Nil	Decline
47	Orange Farmers Markets Inc	The Chef's Table	$4,500.00	$Nil	$1500.00
48	Orange Golf Club Limited	Annual Golf Tournaments (Veterans, Ladies, Men's and Classic) - October 2018 - January 2019	$5,000.00	$Nil	Decline
49	Orange Harness Racing Club	Harness Race Meetings in February 2019 - receive $20,000.00 annually (10-year period 2016/17 to 2025/26 - Res No 16/476)	$5,000.00	$Nil	Decline
50	Orange Lions Club	Camel Races 2019	$5,000.00	$Nil	$1500.00
51	Orange Region Vignerons' Association	Orange Wine Festival 2018 - 12-21 October 2018	$5,000.00	$684.50	$1500 (Funding is also included in the TDO contract)
52	Orange Symphony Orchestra	Performances of Handel's Messiah - 23-25 November 2018	$5,000.00	$Nil	Decline
53	Rotary Club of Orange	Banjo Paterson Australian Poetry Festival 2019 - receive free use of Theatre in fees and charges	$20,000.00	$5,000.00	$10,000.00 (Funding is also included in the TDO contract)
54	Rotary Club of Orange Daybreak	Classic car food and wine event	$5,000.00	$240.00	$1500.00
55	Rotary Club of Orange Daybreak	NSW Regional Technology Expo 2019 - 21-23 June 2019	$5,000.00	$5,000.00	$2500.00 from economic development budget*
56	Rotary Club of Orange North	Lead the Way - fundraising concert for Guide Dogs NSW/ACT	$5,000.00	$1,800.00	Decline
57	Te Aria Foundation	Us Day in Roberts Park (to promote the development of the first suicide prevention plan for the Orange Region)	$5,000.00	309.50	Decline
58	Wangarang Industries	Charity Golf Challenge 2019 - 1 February 2019	$3,000.00	$Nil	$1500.00
59	Western NSW Skills Development Hub	Orange Jobs Expo 2018 - 8 November 2018 (fee reduction request)	$1,653,00	$Nil	Funded from economic development budget.
60	Willys Overland Club of Victoria	Overland 2018 (100th Anniversary) - from Sydney to Brisbane - 14‑19 October 2018	$5,000.00	$Nil	Decline
			$160,453.00	$15,034.00	$45,500.00

* $12,500 added from Economic Development and City Events budgets

Sports facility grants $50,000.00

	Applicant	Description	Funding Requested	Recommended Funding
61	Orange CYMS Cricket Club	Construction of cricket practice nets at Norton Park (James Sheahan Catholic High School)	$15,000	$9,000
62	Orange PCYC	Replacement of the Sir Neville Howse Stadium scoreboards	$15,000	$9,000
63	Orange & District Softball Association	Extension of the existing canteen facility for storage	$5,000	$5,000
64	Orange Cycle & Triathlon Club	Construction of an equipment storage shed at Gosling Creek Reserve	$3,000	$3,000
65	Orange City Croquet Club	Extension of the existing Club House veranda to provide additional shelter	$1,700	$1,200
66	Orange Emus Rugby Club	Drainage upgrade on western side of main field at Orange Emus Rugby Club	$15,000	$13,000
67	Orange Little Athletics	Construction of long jump and triple jump pits and approaches	$7,000	$5,300
68	Spring Hill Recreation Ground Trust	Replacement and upgrade of synthetic cricket wicket at the Spring Hill Recreation Ground	$5,977 (exceeds 50% of project cost)	$4,500
		TOTAL	$67,677	$50,000

During the exhibition period Council was also in receipt of three minor donation requests. These will be addressed in a report to Council in July and given consideration under the emergent funding program.

Fees and charges

At the time of exhibition a number of charges were estimated as the detail had not yet been provided by the relevant authority. The fees have now been provided.

These include childcare fees.

The changes required are:

· Family Day Care Administration fee – from $1.80 to $1.50 (ex GST)

· Courallie Park Child Development Centre, Spring Street Children’s Centre and Yarrawong Children’s Centre - Full fee per child per day – from $115.00 to $100.00 (ex GST)

As this is a minor fall in the costs of these services it is not recommended for re-exhibition.

There has been changes to the Companion Animals Act fees as set by the NSW Government.

They are as follows:

· Companion Animals – For a de-sexed animal - $57.00 with CPI to be applied from 1 July 2018 (2017-18 $53)

· Companion Animals - For a de-sexed animal owned by an eligible pensioner - $24.00 with CPI to be applied from 1 July 2018 (2017-18 $22)

· Companion Animals - For an animal not de-sexed - $207.00 with CPI to be applied from 1 July 2018 (2017-18 $195)

· Companion Animals – Animal not de-sexed but kept by a recognised breeder for breeding purposes - $57.00 with CPI to be applied from 1 July 2018 (2017-18 $53)

These charges are recommended for exhibition.

Councillor remuneration is also part of the adoption of the 2018/19 Delivery Operational Plan. When the draft was exhibited Council had not yet been advised of the rates as determined by the Local Government Remuneration Tribunal Annual Report. In the absence of this advice an increase of 2 per cent was added to the documents for exhibition.

When the adopted fees were released the tribunal set an upper limit of $19,790 for Councillors and $43,170 for Mayors. In the draft documents Council set an annual fee of $19,696 for Councillors and $42,962 for the Mayor. If as recommended the tribunal fee is adopted it represents a gross additional amount across all councillor and mayoral payments of $1336 or 0.47%. Given the negligible nature of the disparity between the draft fees and the tribunal setting and that the matter was not raised in any submissions it is not recommended for re-exhibition

Attachments

1 Orange Woodworkers' Association Submission, D18/30071 ⇩

2 Eight Day Games Submission, IC18/11155 ⇩

3 Ian Fardell Submission, IC18/9457 ⇩

4 Submission - Intersection NDR and Clergate Road - Philip Orton, IC18/11219 ⇩

5 YourSay Report Budget 2018/19, D18/30150 ⇩

Council Meeting 19 June 2018

5.4 Update on Resolutions of Council

Attachment 1 Resolutions from Council Meetings (including Questions Taken on Notice and Notices of Motions) - Summary

2018/1041

RESOLUTIONS FROM COUNCIL MEETINGS (INCLUDING QUESTIONS TAKEN ON NOTICE AND NOTICES OF MOTIONS)

Date of Meeting

Meeting

Resolution

Responsible Officer

Comment

Date to be completed

JUNE 2018

5 June 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Duffy advised that in the 1980’s – 1990’s the Springside School House was under Council control and leased. What income was generated for this and what expenditure was incurred.

Manager Corporate and Community Relations

Information to be circulated

July

5 June 2018

CCL

5.1 Update on Resolutions of Council

RESOLVED - 18/250 Cr J McRae/Cr S Nugent

That the information provided in the report by the Manager Administration and Governance on Update on Resolutions of Council be acknowledged.

Acknowledged

COMPLETE

5 June 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Duffy requested to be provided with the information regarding Swimming NSW he requested 15 May 2018 before this weeks’ meeting.

Director Community Recreation and Cultural Services

Response provided to Councillors.

COMPLETE

5 June 2018

CCL

5.2 Statement of Investments - April 2018

RESOLVED - 18/251 Cr S Nugent/Cr J McRae

1 That Council receives the Statement of Investments as at 30 April 2018.

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

Financial Accounting Officer

No action required

COMPLETE

5 June 2018

CCL

5.3 Quarterly Budget Review and Performance Indicators

RESOLVED - 18/252 Cr J McRae/Cr S Nugent

1 That the information provided in the report on the quarterly budget and performance indicators review for January to March 2018 be acknowledged.

2 That Council note the bank reconciliation statement.

3 That the variations arising from the March 2018 quarterly review amounting to an increase of $209,225 in the consolidated surplus be adopted.

Manager Financial Services

Noted

COMPLETE

5 June 2018

CCL

5.4 NRMA Supercharger

RESOLVED - 18/253 Cr S Nugent/Cr J Hamling

That Council approve the establishment of a NRMA supercharger in Byng Street adjacent to the Visitor Information Centre.

Director Development Services

Staff will now work with the NRMA to install the charger.

November

5 June 2018

CCL

5.5 Strategic Policy Review

RESOLVED - 18/254 Cr K Duffy/Cr S Nugent

1 That Council place the following draft Strategic Policies on public exhibition for a minimum of 28 days:

· ST049 – Council Communications

· ST088 – Fraud and Corruption Prevention Policy and Plan

· ST101 – Ageing and Disability Services

· ST102 – Disability Services – Support Provision

· ST125 – Working on Council’s Water and Sewer Infrastructure

2 That Council adopt the following policies:

· ST046 – Liquid Trade Waste

· ST002 – Central West Libraries

· ST059 – Public Interest Disclosures

· ST011 – Community Engagement

· ST083 – Access to Information held by Council

· ST029 – Donations and Grants

· ST106 – Priority Weeds

Governance Coordinator

Policies placed on public exhibition until 11 July 2018. Adopted polices placed on website.

July

5 June 2018

CCL

5.6 Proposed Air Quality Monitoring Unit - Jaeger Reserve - 149 Hill Street

RESOLVED - 18/255 Cr J Hamling/Cr J McRae

1 That Council enter into a five year lease (with one five-year option) with the Office of Environment and Heritage for part of Jaeger Reserve on the terms as referred to in this report.

3 That permission be granted for the use of the Council Seal on any relevant document if required.

Manager Building and Environment

Resolution to be enacted.

July

5 June 2018

CCL

5.7 Cargo Road Land Acquisition

RESOLVED - 18/256 Cr R Turner/Cr K Duffy

1 That Council proceeds with negotiations for the acquisition of land described in Schedule A under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991.

2 That upon acquisition, Council classify this land as Operational Land in accordance with the Local Government Act, and dedicates the road as road reserve.

Manager Engineering Services

Land acquisition underway.

COMPLETE

5 June 2018

CCL

5.8 Tourist Park Expression of Interest

RESOLVED - 18/257 Cr G Taylor/Cr S Nugent

That Council call expressions of interest for the development of a tourist park on the gateway site.

Manager Corporate and Community Relations

Resolution to be enacted.

July

5 June 2018

CCL

5.9 Council Pound Services

RESOLVED - 18/258 Cr S Nugent/Cr J Hamling

That the report on Council pound services be acknowledged.

Acknowledged

COMPLETE

5 June 2018

CCL

5.10 Payment of Legal Expenses of Councillors

RESOLVED - 18/259 Cr T Mileto/Cr G Taylor

That a more detailed report be provided to Councillors that includes compliance with the Local Government Act in relation to payment of legal expenses of Councillors.

Director Corporate and Commercial Services

Resolution to be enacted.

July

5 June 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Taylor requested a report detailing the exact costings of the Councillor Legal Briefing.

Governance Coordinator

Requested information from Director, Development Services.

July

5 June 2018

CCL

5.11 Board Member Nominations - CivicRisk Mutual

RESOLVED - 18/260 Cr G Taylor/Cr J Hamling

That Council determine one Councillor representative and an alternate Councillor representative for nomination to the Board of CivicRisk West and CivicRisk Mutual, for the current term of Council.

Noted

COMPLETE

5 June 2018

CCL

Matter Arising

RESOLVED - 18/261 Cr G Taylor/Cr J Hamling

That Cr Jeff Whitton be Council’s nominated Councillor representative on the Board of CivicRisk West and CivicRisk Mutual for the current term of Council.

Noted

COMPLETE

5 June 2018

CCL

Matter Arising

RESOLVED - 18/262 Cr S Nugent/Cr G Taylor

That Cr Joanne McRae be an alternate Councillor representative on the Board of CivicRisk West and CivicRisk Mutual for the current term of Council.

Noted

COMPLETE

5 June 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Taylor requested all Councillors be provided with all relevant documentation regarding the ‘ORANGE’ number plates.

General Manager

Information to be circulated.

July

5 June 2018

CCL

6.5 Tenders for Traffic Management Services

RESOLVED - 18/264 Cr J Hamling/Cr S Nugent

1 That Council awards the contract for traffic management services to Midwest Traffic Management (Orange) Pty Ltd.

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

Assistant Works Manager

Letters of acceptance issued. Contracts with successful tenderer for execution.

June

5 June 2018

CCL

6.1 EOI - Loan borrowings

RESOLVED - 18/265 Cr S Nugent/Cr J McRae

1 That the loan funds be drawn from T-Corp (NSW Treasury Corporation) repaid in quarterly instalments over 10 years.

3 That the General Manager be authorised to execute relevant documents.

4 That approval be granted for use of the Council Seal on all relevant documents if required.

5 That necessary advice be supplied to the NSW Government on Council’s borrowings.

Financial Accountant

T-Corp paperwork completed and given to GM and DCCS for signing.

Unsuccessful applications notified via email.

COMPLETE

5 June 2018

CCL

6.2 Request to write off bad debt - Debtors Account 3207.52 - Deceased Estate

RESOLVED - 18/266 Cr K Duffy/Cr M Previtera

That Council adopt the bad debt write off for Debtor Account 3207.52 in the sum of $5,063.36.

Revenue Officer - Debtors

Will completed before the end of financial year.

June

5 June 2018

CCL

6.3 Request to write off bad debt - Avdata Airport Account - Air Freight Solutions

RESOLVED - 18/267 Cr J Hamling/Cr S Nugent

That Council write off the bad debt of Avdata Airport Account – Air Freight Solutions, to the sum of $13,178.56.

Revenue Officer - Debtors

Will completed before the end of financial year.

June

5 June 2018

CCL

6.4 Tender - Provision of Security Services

RESOLVED - 18/268 Cr R Turner/Cr K Duffy

1 That Council awards the contract for the provision of security services for Orange City Council to Alarm Australia.

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

Senior Projects Administrator

Acknowledged Contract and Unsuccessful letters being prepared.

COMPLETE

5 June 2018

PDC

2.1 Items Approved Under the Delegated Authority of Council

RESOLVED - 18/229 Cr J Whitton/Cr K Duffy

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

Acknowledged

COMPLETE

5 June 2018

PDC

2.2 Development Application DA 83/2018(1) - 66 Byng Street

RESOLVED - 18/230 Cr R Kidd/Cr M Previtera

That Council consents to development application DA 83/2018(1) for Demolition (tree removal - three trees) at Lot 1 DP 522647 - 66 Byng Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

Town Planner (Commins)

Acknowledged

COMPLETE

5 June 2018

PDC

MATTER ARISING

Cr Duffy requested information on the number of Development Applications currently on hand and the time they have been with Council.

Director Development Services

Acknowledged

COMPLETE

5 June 2018

EEDPC

2.1 Economic Development Community Committee meeting held 16 May 2018

RESOLVED - 18/232 Cr R Kidd/Cr S Nugent

1 That the Council acknowledge the reports presented to the Economic Development Community Committee at its meeting of 16 May 2018.

2 That Council determine recommendation 3.1 from the minutes of the Economic Development Community Committee at its meeting of 16 May 2018.

3 That the remainder of the minutes of the Economic Development Community Committee at its meeting of 16 May 2018 be adopted.

Business Project Officer

Noted

COMPLETE

5 June 2018

IPC

2.1 Minutes of the City Of Orange Traffic Committee Meeting - 8 May 2018

RESOLVED - 18/234 Cr J Hamling/Cr R Kidd

1 That Council acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 8 May 2018.

2 That Council determine recommendations 3.1 to 3.7, and 3.9 to 3.11, from the minutes of the City of Orange Traffic Committee meeting of 8 May 2018.

3 That the remainder of the minutes of the City of Orange Traffic Committee meeting of 8 May 2018 be adopted.

Manager Engineering Services

Noted

COMPLETE

5 June 2018

IPC

QUESTION TAKEN ON NOTICE

Cr Hamling requested further information in relation to signage for bikes out of town.

Manager Engineering Services

In progress

5 June 2018

IPC

QUESTION TAKEN ON NOTICE

Cr Mileto requested to see legal advice stating lanes are not designated bike lanes.

Works Manager

Information provided to Councillors

COMPLETE

5 June 2018

IPC

MATTER ARISING

Cr Whitton requested a pedestrian island be investigated for Sale Street, near the old netball courts and National Avenue.

Manager Engineering Services

In progress

5 June 2018

IPC

QUESTION TAKEN ON NOTICE

Cr Mileto requested a response be provided to the young girl who raised concerns about the speed in William Maker Drive informing her that her concerns are acknowledged.

Manager Engineering Services

Letter sent on 9 May 2018.

COMPLETE

5 June 2018

IPC

QUESTION TAKEN ON NOTICE

Cr Duffy requested the matter of speed in William Maker Drive and speed bumps be referred to the City of Orange Traffic Committee to investigate options.

Manager Engineering Services

Referred to COTC Meeting of 10 July 2018.

July

5 June 2018

IPC

3.1 Current Works

RESOLVED - 18/235 Cr R Kidd/Cr S Nugent

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

Acknowledged

COMPLETE

5 June 2018

IPC

QUESTION TAKEN ON NOTICE

Cr Hamling requested information on what water levels are required to be in order to reach Level 3 Water Restrictions.

Director Technical Services

The water level to reach level three restrictions is 50%

COMPLETE

5 June 2018

IPC

3.2 CBD Street Litter Bins

RESOLVED - 18/236 Cr R Kidd/Cr J Hamling

That the information provided on CBD Street Litter bins be acknowledged.

Acknowledged

COMPLETE

5 June 2018

SRPC

2.1 Minutes of the Sport and Recreation Community Committee - 19 March 2018 and 30 April 2018

RESOLVED - 18/238 Cr R Kidd/Cr S Nugent

1 That Council acknowledge the reports presented to the Sport and Recreation Community Committee at its meeting of 19 March 2018 and 30 April 2018.

2 That Council determine recommendation 3.3, and note recommendation 3.6, from the minutes of the Sport and Recreation Community Committee meeting held on 19 March 2018.

3 That Council determine recommendation 2.1 from the minutes of the Sport and Recreation Community Committee meeting held on 30 April 2018.

4 That the remainder of the minutes of the Sport and Recreation Community Committee meeting held on 19 March 2018 and 30 April 2018 be adopted.

Sport and Recreation Coordinator

Noted

COMPLETE

5 June 2018

SRPC

2.2 Minutes of the Orange Showground Committee Meeting – 22 May 2018

RESOLVED - 18/239 Cr R Turner/Cr T Mileto

That, as there was not a quorum, Council note the recommendations made by the Orange Showground Community Committee at its meeting of 22 May 2018.

Director Community Recreation and Cultural Services

Noted

COMPLETE

5 June 2018

SRPC

2.3 Minutes of the Parks, Trees and Waterways Committee Meeting held on 22 March 2018

RESOLVED - 18/240 Cr R Kidd/Cr S Nugent

1 That Council acknowledge the reports presented to the Parks, Trees and Waterways Committee at its meeting of 22 March 2018.

2 That the minutes of the Parks, Trees and Waterways meeting held 22 March 2018 be adopted.

Manager City Presentation

Noted

COMPLETE

5 June 2018

FPC

2.1 Requests for Financial Assistance

RESOLVED - 18/242 Cr R Turner/Cr S Nugent

That a donation of $3,326.00 (hire fees reduction) be made from the Donations - Emergent Funding budget to the Orange Christian School for the hire of the Orange Civic Theatre for the School's Thanksgiving Service 2017.

Divisional Administration Officer

Approval letter to applicant sent on 8 June 2018. Donation given.

COMPLETE

5 June 2018

SPC

2.1 Minutes of the Orange and Cabonne Road Safety Community Committee Meeting – 28 March 2018

RESOLVED - 18/244 Cr J McRae/Cr S Nugent

1 That Council acknowledge the reports presented to the Orange & Cabonne Road Safety Community Committee at its meeting held on 28 March 2018.

2 That Council determine recommendation 3.2 from the minutes of the Orange & Cabonne Road Safety Community Committee at its meeting held on 28 March 2018.

3 That the remainder of the minutes of the Orange & Cabonne Road Safety Community Committee at its meeting held on 28 March 2018 be adopted.

Road Safety Officer

Noted

COMPLETE

5 June 2018

SPC

2.2 Minutes of the Orange Regional Museum Committee – 17 April 2018

RESOLVED - 18/245 Cr S Nugent/Cr R Turner

1 That Council acknowledge reports presented to the Orange Regional Museum Committee at its meeting of 17 April 2018.

2 That Council determine recommendation 3.3 and 3.4 from the minutes of the Orange Regional Museum Committee held 17 April 2018.

3 That the remainder of the minutes of the Orange Regional Museum Committee held 17 April 2018 be adopted.

Director Community Recreation and Cultural Services

Noted

COMPLETE

5 June 2018

SPC

2.3 Minutes of the Orange Conservatorium and Planetarium Committee Meeting - 1 May 2018

RESOLVED - 18/246 Cr J Hamling/Cr R Turner

1 That Council acknowledge the reports presented to the Orange Conservatorium and Planetarium Committee at its meeting of 1 May 2018.

2 That Council determine recommendation 3.1 and 3.2 from the Minutes of the Orange Conservatorium and Planetarium Committee held 1 May 2018.

3 That the remainder of the Minutes of the Orange Conservatorium and Planetarium Committee held 1 May 2018 be adopted.

Director Community Recreation and Cultural Services

Noted

COMPLETE

5 June 2018

SPC

2.4 Minutes of the Centenary of World War I Community Committee - 15 May 2018

RESOLVED - 18/247 Cr R Kidd/Cr M Previtera

1 That Council acknowledge the reports presented to the World War I Community Committee at its meeting of 15 May 2018.

2 That Council determine recommendation 4.1 from the minutes of the World War I Centenary Community Committee meeting held on 15 May 2018.

3 That the remainder of the minutes of the World War I Centenary Community Committee meeting held on 15 May 2018 be adopted.

Manager Central West Libraries

Noted

COMPLETE

5 June 2018

SPC

2.5 Minutes of the Spring Hill Community Committee - 17 May 2018

RESOLVED - 18/248 Cr J McRae/Cr S Nugent

1 That Council acknowledge the reports presented to the Spring Hill Community Committee at its meeting of 17 May 2018.

2 That Council determine recommendation 3.1 from the minutes of the Spring Hill Community Committee held 17 May 2018.

3 That the remainder of the minutes of the Spring Hill Committee held 17 May 2018 be adopted.

Director Community Recreation and Cultural Services

Noted

COMPLETE

5 June 2018

SPC

2.6 Minutes of the NAIDOC Week Community Committee Meeting - 18 May 2018

RESOLVED - 18/249 Cr S Nugent/Cr R Kidd

That the recommendations made by the NAIDOC Week Community Committee at its meeting held on 18 May 2018 be adopted.

Community Development Officer

Noted

COMPLETE

MAY 2018

15 May 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Duffy requested information on whether Council has received a response from Swimming NSW regarding a complaint lodged against a head coach of the City of Orange Swim Club.

Director Community Recreation and Cultural Services

Response provided to Councillors 7 June 2018.

COMPLETE

15 May 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Duffy requested information on whether Council has ever wrongly accused anyone of coaching before Christmas or just after that period from the City of Orange Swim Club.

Director Community Recreation and Cultural Services

Response provided to Councillors 7 June 2018.

COMPLETE

15 May 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Duffy requested a copy of the legal advice provided in regards to the Racing NSW matter. Mayor and General Manager advised that a copy would be distributed to all Councillors.

Manager Corporate and Community Relations

Information circulated to Councillors.

COMPLETE

15 May 2018

CCL

5.1 Recommendations and Resolutions from Policy Committees

RESOLVED - 18/216 Cr J Hamling/Cr S Munro

1 That the resolutions made by the Planning and Development Committee at its meeting held on 1 May 2018 be noted.

2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 1 May 2018 be noted.

3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 1 May 2018 be noted.

4 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 1 May 2018 be noted.

5 That the resolutions made by the Finance Policy Committee at its meeting held on 1 May 2018 be noted.

6 That the resolutions made by the Services Policy Committee at its meeting held on 1 May 2018 be noted.

Manager Administration and Governance

Acknowledged

COMPLETE

15 May 2018

CCL

5.2 Draft Community Strategic Plan and Delivery/Operational Plan 2018/19 - 2021/22

RESOLVED - 18/217 Cr J Hamling/Cr G Taylor

Director Corporate and Commercial Services

Documents are on public exhibition until 12 June 2018. Report to go back to Council on 19 June 2018 for adoption.

19 June 2018

15 May 2018

CCL

5.3 Quarterly Budget Review and Performance Indicators

RESOLVED - 18/218 Cr G Taylor/Cr T Mileto

That this item be withdrawn at the request of the General Manager.

Manager Financial Services

Item withdrawn. Went to Council Meeting 5 June.

COMPLETE

15 May 2018

CCL

5.4 Additional Fees and Charges - Choices at Home and Disability Services

RESOLVED - 18/219 Cr S Nugent/Cr J McRae

That the following additions to the fees and charges be adopted:

Service type	Unit cost
Food services – Private/package/NDIS	Variable
Social support, home visiting and related transport i.e. trips and outings – Commonwealth Home Support Program	$5.00 per return outing in Orange Local Government Area $13.00 per return trip out of the Local Government Area NOTE An additional fee of $2 each way will be charged for home pick up and drop off.
Social support – Private/package /NDIS	Variable
Teen Time – After school session per child	To be determined by the National Disability Insurance Agency
Teen Time – Pupil free day per child	To be determined by the National Disability Insurance Agency
Teen Time – Vacation care per child	To be determined by the National Disability Insurance Agency
Supported Independent Living program activities	To be determined by the National Disability Insurance Agency

Manager Financial Services

To be updated in Register of Fees and Charges.

COMPLETE

15 May 2018

CCL

5.5 Development Application DA 57/2018(1) - 45 William Maker Drive

RESOLVED - 18/220 Cr K Duffy/Cr J Hamling

That Council consents to development application DA 57/2018(1) for Subdivision (19 lot residential) (3 stage) at Lot 3 DP 878088 - 45 William Maker Drive, Orange pursuant to the conditions of consent in the attached Notice of Approval.

Senior Planner (Drum)

Acknowledged

COMPLETE

15 May 2018

CCL

5.6 Recreational use of Gosling Creek, Spring Creek and Suma Park Dams

Gosling Creek

RESOLVED - 18/222 Cr K Duffy/Cr S Munro

That Council defer this item for consideration at a Councillor Workshop.

Executive Support Manager

Workshop held on 12 June 2018

COMPLETE

15 May 2018

CCL

SPRING CREEK DAM

RESOLVED - 18/223 Cr K Duffy/Cr M Previtera

That Council defer this item for consideration at a Councillor Workshop.

Executive Support Manager

Workshop held on 12 June 2018

COMPLETE

15 May 2018

CCL

SUMA PARK

RESOLVED - 18/224 Cr K Duffy/Cr M Previtera

That Council defer this item for consideration at a Councillor Workshop.

Executive Support Manager

Workshop held on 12 June 2018

COMPLETE

15 May 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Taylor requested the bus stop on the intersection of Anson Street and Gardiner Road be assessed with regard to disability access from the roadway.

Manager Engineering Services

See detailed comment below

COMPLETE

Council lowered the existing footpath to achieve grade compliance from the footpath to the new bus shelter and from the new bus shelter to the kerb where passengers board/exit the bus. Tactile strips and a provision for a wheelchair within the bus stop where included to make the bus stop accessibility compliant.

Disabled access from the roadway to the footpath could be undertaken via the pram ramp fronting Gardiner Road on the corner of Gardiner Road and Anson Street or via the pram ramp fronting Chestnut Avenue on the intersection of Chestnut Avenue and Anson Street.

15 May 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Taylor requested the relocation of the bin on Anson Street opposite Woolworths. The new bin placed there has an ash tray and encourages smoking outside of the entry/exit to Woolworths which is a smoke free zone.

Works Manager

Bin lid replaced with non-cigarette disposal (ash tray) lid.

COMPLETE

15 May 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Taylor requested watering of the Gosling Creek Playground be rescheduled to another time instead of weekend afternoons when families and children are using the facilities.

Manager City Presentation

System modified to ensure watering on weekday nights only.

COMPLETE

15 May 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Hamling requested that a letter be sent to the relevant Minister requesting additional Return and Earn facilities in Orange due to the popularity of the current facility in North Orange.

Executive Support Manager

Information emailed to Councillors via weekly email 25/5/18 advising Tomra already sourcing 2nd site in Orange for 2nd vending machine. No need for letter to Minister.

COMPLETE

15 May 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Taylor requested that an investigation take place regarding the dumping of building waste material on Dane Lane behind Jack Brabham Park.

Manager Building and Environment

Under way.

July

1 May 2018

CCL

4.1 Formation of Orange Swim Club

THE RESCISSION Motion WAS MOVED AND SECONDED Cr K Duffy/Cr S Munro

That Council rescind the decision of the Sport and Recreation Policy Committee of 3 April 2018 being:

RESOLVED - 18/141 Cr J Whitton/Cr J McRae

1 That Council acknowledge the support from Jets Swim Club and Orange District Swim Group to join a new Council based Swimming Club.

2 That Council progress the establishment of a new Council based swimming club as detailed in the report.

3 That the new Swim Club advertise and appoint the positions of Vice President and Coaching Director.

Director Commercial, Recreation and Cultural Services

Rescission Motion was lost.

COMPLETE

1 May 2018

CCL

4.2 Easy To Do Business

RESOLVED - 18/201 Cr J McRae/Cr S Nugent

1 That Council delegate authority to the General Manager to enter into a contract with Service NSW for Easy to do Business.

2 That permission be granted for the use of the Council Seal on any relevant document, if required.

Manager Business Development

MOU signed and sent back to Service NSW on 15.5.18. Manager Business Development met with Service NSW representatives on 14.5.15. Next meeting is planned week commencing 28 May with relevant Council staff. Anticipate 6-8 weeks till Program Launch.

June

1 May 2018

CCL

4.3 Notice Of Motion - Cities Power Partnership By Crs Nugent, McRae And Previtera

RESOLVED - 18/202 Cr S Nugent/Cr M Previtera

1 That in accordance with Council’s commitment to the Cities Power Partnership (CPP) and in the interests of Council leading by example in responsible energy consumption, Council adopt the following five pledges as a framework for future renewable energy, energy efficiency and sustainable transport projects:

· Power Council operations by renewables, directly (with solar PV or wind), or by purchasing Greenpower (from electricity retailers). Set targets to increase the level of renewable power for Council operations over time.

· Adopt best practice energy efficiency measures across all Council buildings, and support community facilities to adopt these measures.

· Public lighting can use a large proportion of a City’s energy budget - roll out energy efficient lighting (particularly street lighting) across the municipality.

· Ensure that new developments are designed to maximize public and active transport use, and are designed to support electric vehicle uptake

· Implement an education and behaviour change program to influence the behaviour of Council officers, local residents and businesses within the municipality to drive the shift to renewable energy, energy efficiency and sustainable transport.

2 That any Council projects proposed in support of the Cities Power Partnership (CPP) Pledges which require resources not currently budgeted, come before Council for consideration and adoption subject to Council staff analysis and recommendation.

Director Development Services

Ongoing

2018/2019

1 May 2018

CCL

5.1 Lease of Space For Broadcast Site

RESOLVED - 18/203 Cr J Whitton/Cr R Turner

1 That Council enter into a five year lease of part of the Water Treatment Plant to Crallen Pty Ltd for the purposes of broadcasting, with one five year option.

2 That approval be granted to use the Council Seal on any necessary documentation if required.

Manager Administration and Governance

26.05.18 - Lease being finalised by Legal and Property Officer.

June

1 May 2018

CCL

5.2 Aussie Night Markets Event

RESOLVED - 18/204 Cr K Duffy/Cr G Taylor

That Council permit the Aussie Night Market event to proceed on 18 and 19 May 2018 as a one-off event, with a review to be undertaken after the event to determine community support within the Orange Local Government Area of the event.

Manager Business Development

Event completed. Feedback of the event to be submitted to Council.

COMPLETE

1 May 2018

CCL

5.3 Health Precinct Masterplan

RESOLVED - 18/205201 Cr K Duffy/Cr J Hamling

That the report by the Manager of Corporate and Community Relations on the Health Precinct Masterplan be acknowledged.

Manager Corporate and Community Relations

Acknowledged.

COMPLETE

1 May 2018

CCL

6.1 Entering Into a Regional Contract For The Supply and Delivery of Bitumen Emulsion To Central NSW Councils

RESOLVED - 18/207 Cr R Turner/Cr S Munro

1 That Council enter into a two year contract with Boral Asphalt for the supply and delivery of bitumen emulsion.

2 That approval be granted for the use of the Council Seal on any necessary documentation if required.

Purchasing Officer

Completed

June

1 May 2018

CCL

6.2 Tender - Provision of Air Conditioning Maintenance

RESOLVED - 18/208 Cr J Hamling/Cr K Duffy

1 That the contract F2726 for air conditioner maintenance be awarded to Williams Oriel for the amount of $32,160 for annual inspections and a maintenance technician rate of $90/hour with a $110 per callout for a three year period.

2 That permission be granted for the use of the Council Seal on any relevant document if required.

Manager Building Services

Contracts to be signed

June

1 May 2018

CCL

6.3 Lease Lot Hangar Site F Orange Airport

RESOLVED - 18/209 Cr K Duffy/Cr S Nugent

1 That Council enters into a lease of the eastern section of Hangar F Orange Airport for a period of six months.

2 That permission be granted to use the Council Seal on all necessary documentation, if required.

Manager Plant and Depot

Lease being prepared

June

1 May 2018

CCL

6.4 Sale 1 Ash Street - Lot 1 DP 839889

RESOLVED - 18/210 Cr S Munro/Cr R Turner

1 That Council sell 1 Ash Street Orange for the sum of $759,525 (ex GST).

2 That the proceeds be transferred to the Land Development Reserve.

3 That permission be granted for the use of the Council Seal on any relevant document if required.

Manager Corporate and Community Relations

Arrangements underway

July

1 May 2018

CCL

6.5 Racing Orange

RESOLVED - 18/211 Cr R Kidd/Cr S Munro

That this matter be deferred until Council receives advice from the Office of Local Government.

General Manager

Advice from Office of Local Government requested

June

1 May 2018

CCL

6.6 Robertson Park Toilet Design and Costing

RESOLVED - 18/212 Cr R Turner/Cr J McRae

1 That Council endorse the location of the proposed toilet facility contained in this report.

2 That Council progress with the full design of toilet contained in this report.

3 That Council lodge a development application for the toilet facility in accordance with this report, as soon as possible.

Director Community Recreation and Cultural Services

Design of facility being finalised to enable DA/CC to be considered by Council. Expected to lodge DA in June

June

1 May 2018

CCL

6.7 Landing Charges and Flight Costs

RESOLVED - 18/202 Cr R Turner/Cr S Munro

1 That Council enter into a five year growth incentive partnership with Rex and a community fare scheme of $109 each way flights to Sydney as set out in this report.

2 That permission be granted to use the Council Seal on all necessary documentation, if required.

Director Technical Services

Partnership being finalised

June

1 May 2018

CCL

QUESTION TAKEN ON NOTICE

Cr Munro requested the State and Federal Members be invited to attend a meeting of Orange City Council to discuss opportunities for Orange.

Manager Administration and Governance

Letters sent 2 May 2018 from Mayor Kidd.

1 May 2018

PDC

2.1 Items Approved Under Delegated Authority of Council

RESOLVED - 18/181 Cr S Romano/Cr S Munro

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

Acknowledged

COMPLETE

1 May 2018

PDC

2.2 Development Application DA 347/2017(1) - 68-74 Molong Road

RESOLVED - 18/182 Cr R Turner/Cr S Romano

That Council consents to development application DA 347/2017(1) for Service Station; Neighbourhood Shop (two); Business Premises (car wash); Category 1 Remediation; Subdivision (two lot commercial), Signage, Demolition and Tree Removal at Lot 1 DP 393543 - 68-74 Molong Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

Notice of determination issued as per resolution.

COMPLETE

1 May 2018

PDC

2.3 Development Application Da 389/2017(1) - Lot 7004 Baker Street, Spring Hill (Alf Read Park)

RESOLVED - 18/183 Cr R Kidd/Cr J Whitton

That Council consents to development application DA 389/2017(1) for Recreation Area - Amenities Block (Alf Read Park) at Lot 7004 DP 1020289 - Baker Street, Spring Hill pursuant to the conditions of consent in the attached Notice of Approval.

Notice of determination issued as per resolution.

COMPLETE

1 May 2018

PDC

2.4 Development Application DA 405/2017(1) - 241 Ploughmans Lane

RESOLVED - 18/184 Cr R Kidd/Cr S Nugent

That Council consents to development application DA 405/2017(1) for Place of Public Worship and Advertisement at Lot 9 DP 746439 - 241 Ploughmans Lane, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

Planner (Commins)

Consent issued

COMPLETE

1 May 2018

PDC

2.5 Development Application DA 56/2018(1) - 5 William Maker Drive

RESOLVED - 18/185 Cr G Taylor/Cr J Whitton

That Council consents to development application DA 56/2018(1) for Subdivision (16 lot residential) (2 stage) at Lot 44 DP 1116123 - 5 William Maker Drive, Orange pursuant to the conditions of consent in the attached Notice of Approval with the addition of a further condition requiring that, where practicable, any tree removed as part of the development be re-used as habitat either onsite or within a suitable location nearby.

Senior Planner (Glenn)

Consent issued

COMPLETE

1 May 2018

PDC

2.6 PFAS and Cladding

RESOLVED - 18/186 Cr R Kidd/Cr J Whitton

That the report by the Director Development Services on PFAS and cladding be acknowledged.

Acknowledged

COMPLETE

1 May 2018

PDC

2.7 Use Of Old Netball Courts for Overflow Parking

RESOLVED - 18/187 Cr R Kidd/Cr K Duffy

That the proposal to allow temporary use of the former netball courts in Moulder Park for car parking be placed on public exhibition for a period of 28 days.

Director Development Services

Currently on exhibition.

July

1 May 2018

EEDPC

2.1 Minutes - Economic Development Community Committee Meeting Held 18 April 2018

RESOLVED - 18/188 Cr R Kidd/Cr S Romano

1 That Council acknowledge the reports presented to the Economic Development Community Committee at its meeting held on 18 April 2018.

2 That the minutes of the Economic Development Community Committee meeting held on 18 April 2018 be adopted.

Business Project Officer

Noted

COMPLETE

1 May 2018

IPC

2.1 Minutes - City Of Orange Traffic Committee Meeting - 10 April 2018

RESOLVED - 18/189 Cr R Turner/Cr S Munro

1 That Council acknowledges the reports presented to the City of Orange Traffic Committee at its meeting of 10 April 2018.

2 That the minutes of the City of Orange Traffic Committee meeting of 10 April 2018 be adopted.

Manager Engineering Services

Noted

COMPLETE

1 May 2018

IPC

3.1 Current Works

RESOLVED - 18/190 Cr R Kidd/Cr S Munro

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

Acknowledged

COMPLETE

1 May 2018

IPC

Question Taken on Notice

Cr Mileto requested a review of pedestrian accessibility into Robertson Park from Lords Place, given accessible entry ramps are limited to the intersection with Summer Street.

Works Manager

Information to be provided to Councillors

June

1 May 2018

IPC

Question Taken on Notice

Cr Turner requested staff attend the property adjacent to the new bus shelter in Anson Street as the water line has been exposed during recent works.

Water & Sewer Engineer

Rectified

COMPLETE

1 May 2018

IPC

3.2 Proposed Leeds Parade Speed Reduction

RESOLVED - 18/191203 Cr G Taylor/Cr R Kidd

That this item be deferred and the City of Orange Traffic Committee be requested to consider increasing the speed limit on Leeds Parade from Dalton Street to the existing 80kph speed zone.

Traffic Committee does not regulate speed zones, the RMS does. Request sent to the RMS to defer this matter and consider increasing the speed on Leeds Parade.

COMPLETE

1 May 2018

ESPC

2.1 Minutes - Tidy Towns Community Committee - 19 February 2018 And 19 March 2018

RESOLVED - 18/192 Cr K Duffy/Cr M Previtera

1 That Council acknowledge the reports presented to the Tidy Towns Community Committee at its meetings of 19 February 2018 and 19 March 2018.

2 That the minutes of the Tidy Towns Community Committee meetings of 19 February 2018 and 19 March 2018 be adopted.

Natural Resources Coordinator

Noted

June

1 May 2018

ESPC

3.1 2018 Tidy Towns Awards

RESOLVED - 18/193 Cr R Kidd/Cr K Duffy

1 That Council acknowledge the receipt of the Dame Phyllis Frost Litter Prevention, Waste Management and Resource Recovery Award and the Environmental Sustainability Award.

2 That Council acknowledge the award presented to Bailey Dickinson-Bubb who received a highly commended award for the Young Legend’s category.

3 That Council acknowledge the efforts of staff member Mr Roger Smith for his efforts in relation to Tidy Towns.

Natural Resources Coordinator

Award was presented at Council Meeting of 5 June 2018.

COMPLETE

1 May 2018

FPC

2.1 Requests for Financial Assistance

RESOLVED - 18/194 Cr R Turner/Cr M Previtera

1 That the donation request from Sharon Cross for book publication of "Orange Rugby League History" be declined.

2 That the donation request from Eva Reith-Snare for attendance at the Under-18 Hockey Championships as a member of the NSW Under-18 Women's Field Hockey Team be declined.

Manager Financial Services

Applicants advised of Council' determination. No payments need to be processed as assistance was declined.

COMPLETE

1 May 2018

FPC

2.2 Extension of Interest Free Loan - Orange Theatre Company

RESOLVED - 18/195 Cr R Kidd/Cr S Nugent

1 That the Loan Agreement with the Orange Theatre Company be amended to provide an extension of two years to the interest free loan to the Orange Theatre Company, with annual payments being set at $7,500 per annum from 30 October 2018 until 30 October 2021.

2 That permission be granted for the use of the Council Seal on any relevant document.

Manager Administration and Governance

Agreement being prepared for execution to provide for extended repayment term

June

1 May 2018

SPC

2.1 Minutes - Cultural Heritage Community Committee - 12 March 2018

RESOLVED - 18/196 Cr S Nugent/Cr R Kidd

1 That Council acknowledge the reports presented to the Cultural Heritage Community Committee at its meeting of 12 March 2018.

2 That the remainder of the minutes of the Cultural Heritage Community Committee meeting of 12 March 2018 be adopted.

Director Community Recreation and Cultural Services

Noted

COMPLETE

1 May 2018

SPC

2.2 Minutes - Sister Cities Community Committee Meeting - 21 March 2018

RESOLVED - 18/197 Cr R Turner/Cr T Mileto

1 That Council acknowledge the reports presented to the Sister Cities Community Committee at its meeting of 21 March 2018.

2 That Council support the Committee’s request for a community appeal to assist communities affected by earthquakes in the Papua New Guinea highlands with organisational support and a donation of $500.

3 That the remainder of the minutes of the Sister Cities Community Committee at its meeting of 21 March 2018 adopted.

Communications Officer

Noted

COMPLETE

1 May 2018

SPC

2.3 Minutes - Naidoc Week Community Committee Meeting - 23 March 2018

RESOLVED - 18/198 Cr J Hamling/Cr S Nugent

That the recommendations made by the NAIDOC Week Community Committee at its meeting held on 23 March 2018 be adopted.

Noted

COMPLETE

1 May 2018

SPC

2.4 Minutes - World War I Centenary Community Committee 27 March 2018

RESOLVED - 18/199 Cr R Kidd/Cr S Munro

That, as there was not a quorum, Council note the recommendations made by the World War 1 Centenary Community Committee at its meeting held on 27 March 2018.

Manager Library Services

Noted

COMPLETE

1 May 2018

SPC

Matter Arising

RESOLVED - 18/200 Cr J Hamling/Cr R Kidd

That a letter of appreciation be forwarded to the RSL Sub-branch Orange, for the moving Dawn Service held on ANZAC Day, and a letter of appreciation sent to OCTEC for their involvement in the Centenary of WWI project.

Executive Support Manager

Letter sent

COMPLETE

1 May 2018

SPC

Question Taken on Notice

Cr Duffy requested information on the local artist exhibition at the Orange Regional Gallery to be circulated to Councillors.

Director Community, Recreation and Cultural Services

The next community exhibition is called Here, Now, open to all artists in the Central West, and will be the next feature exhibition in Gallery 1.

Exhibition dates: 30 June to 15 July 2018

Opening date: Friday 29 June 2018

June 2018

APRIL 2018

17 Apr 2018

Council

2.1 Centroc Board Report - 22 February 2018

RESOLVED - 18/156 Cr S Nugent/Cr R Turner

That the information contained in this Mayoral Minute be acknowledged.

Executive Support Manager

Acknowledged

COMPLETE

17 Apr 2018

Council

Question Taken On Notice

Cr Duffy requested information on LED street lighting, as well as current street lighting costs, be circulated to Councillors.

Director Technical Services

Information to be circulated to Councillors.

May 2018

17 Apr 2018

Council

Question Taken On Notice

Cr Nugent requested information on why the anticipated profit for CENTROC as at 30 June 2018 is so much more than budgeted.

General Manager

Information emailed to Councillors on 27 April 2018.

COMPLETE

17 Apr 2018

Council

Question Taken On Notice

Cr Nugent requested a copy of the Operational Report identified in item 7.G of the minutes of the CENTROC meeting.

Executive Support Manager

Emailed to Councillors on 19 April 2018.

COMPLETE

17 Apr 2018

Council

4.1 Donation to Orange and District Historical Society

RESOLVED - 18/159 Cr J Whitton/Cr G Taylor

That Council consider in the next Delivery/Operational Plan a donation to the Orange and District Historical Society for the purchase of a device to digitise their photographic negatives.

Manager Financial Services

Currently on exhibition until 12 June. Report to go to Council on 19 June 2018.

19 June

17 Apr 2018

Council

5.1 Recommendations and Resolutions from Policy Committees

RESOLVED - 18/160 Cr J Hamling/Cr S Munro

1 That the resolutions made by the Planning and Development Committee at its meeting held on 3 April 2018 be noted.

2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 3 April 2018 be noted.

3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 April 2018 be noted.

4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 3 April 2018 be noted.

5 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 3 April 2018 be noted.

6 That the resolutions made by the Finance Policy Committee at its meeting held on 3 April 2018 be noted.

7 That the resolutions made by the Services Policy Committee at its meeting held on 3 April 2018 be noted.

Manager Administration and Governance

Acknowledged

COMPLETE

17 Apr 2018

Council

5.2 Outstanding Questions Taken on Notice

RESOLVED - 18/161 Cr J Whitton/Cr S Nugent

That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

Manager Administration and Governance

Acknowledged

COMPLETE

17 Apr 2018

Council

5.3 Outstanding Council Resolutions

RESOLVED - 18/162 Cr J Hamling/Cr G Taylor

That the report on outstanding Council resolutions be acknowledged.

Manager Administration and Governance

Acknowledged

COMPLETE

17 Apr 2018

Council

5.4 Progress Report – Councillor Notices of Motions – April 2018

RESOLVED - 18/163 Cr S Nugent/Cr T Mileto

That the information provided in the report by the Manager Administration and Governance on Progress Report – Councillor Notices of Motion – April 2018 be acknowledged.

Manager Administration and Governance

Acknowledged

COMPLETE

17 Apr 2018

Council

5.5 Statement of Investments – March 2018

RESOLVED - 18/164 Cr J Whitton/Cr S Munro

1 That Council receives the Statement of Investments as at 31 March 2018.

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

No action required.

COMPLETE

17 Apr 2018

Council

5.6 Strategic Policy Review

RESOLVED - 18/165 Cr S Nugent/Cr M Previtera

1 That the Strategic Policy ST050 Code of Meeting Practice be adopted.

2 That Council place the following draft Strategic Policies on public exhibition for a minimum of 28 days:

a ST042 - Investment of Council Funds

b ST032 - Gallery - Collection

c ST036 - Gallery - Exhibitions

d ST037 - Gallery - Public Art

e ST038 - Gallery - Usage for Commercial Project Ventures

f ST056 - Enterprise Risk Management

g ST093 - Purchasing

h ST095 - Debt Recovery

i ST107 - Outdoor Dining Areas

Governance Coordinator

On public exhibition until 23 May 2018. A report will go to the Council Meeting on 3 July.

July 2018

17 Apr 2018

Council

5.7 Code of Conduct Complaint Reporting

RESOLVED - 18/166 Cr K Duffy/Cr J Hamling

That the report on Code of Conduct Complaint Reporting be acknowledged.

Manager Administration and Governance

Acknowledged

COMPLETE

17 Apr 2018

Council

Question Taken On Notice

Cr Duffy requested information on the responsibility for legal costs if a complaint is referred to a Tribunal or Court.

Manager Administration and Governance

Report to Council 5 June 2018

COMPLETE

17 Apr 2018

Council

Question Taken On Notice

Cr Mileto requested information on whether any Councillor has drawn on Council’s Insurance Policy or Policy for Payment of Expenses in relation to legal costs in recent years.

Manager Administration and Governance

One claim under Council’s Directors and Officers Policy has been made by a Councillor, which included legal costs.

COMPLETE

17 Apr 2018

Council

5.8 Request for Financial Assistance

RESOLVED - 18/167 Cr K Duffy/Cr S Nugent

That a donation of $3,000.00 (ex GST) be made from the Donations - Emergent Funding budget to the Orange Show Society for costs associated with the hire of portable toilets at the Naylor Pavilion at the Orange Showground during the Orange Show 28-29 April 2018.

Manager Finance

Arrangements made for payment of $3,000 for donation.

COMPLETE

17 Apr 2018

Council

5.9 Stronger Country Communities Round 2

RESOLVED - 18/168 Cr R Kidd/Cr J McRae

That Council submit all projects to the Stronger Country Communities Fund Round 2.

Manager Corporate and Community Relations

COMPLETE

17 Apr 2018

Council

5.9 Stronger Country Communities Round 2

RESOLVED - 18/169 Cr R Kidd/Cr G Taylor

That Council submit projects to the Stronger Country Communities Fund Round 2 in the order determined by the community, being:

1 Domestic Violence Crisis Centre for women and children

2 Jack Brabham Sportsground: New amenities facilities (Stage 1)

3 Jack Brabham Park: New sportsfield lighting

4 Orange Hockey Centre: Re-surface hockey field

5 Gosling Creek: Track upgrade and storage facilities

6 Orange Aquatic Centre: New solar blanket and disability lift equipment

7 Orange Showground: New toilet facilities – Naylor Pavilion

8 Wade Park lighting

9 Orange Presbyterian Church: Child-safe play area and car parking

10 Endeavour Oval: New change-rooms and gym

Manager Corporate and Community Relations

COMPLETE

17 Apr 2018

Council

5.10 Wade Park Works Report

RESOLVED - 18/170 Cr J Hamling/Cr S Munro

That the Wade Park works report be acknowledged.

Director Community Recreation and Cultural Services

Acknowledged

COMPLETE

17 Apr 2018

Council

5.11 Minutes of the Spring Hill Community Committee

RESOLVED - 18/171 Cr S Munro/Cr S Nugent

1 That Council acknowledge the reports presented to the Spring Hill Community Committee at its meeting of 15 March 2018.

2 That the minutes of the meeting of the Spring Hill Community Committee held on 15 March 2018 be adopted.

Director Community Recreation and Cultural Services

Noted

COMPLETE

17 Apr 2018

Closed Council

6.1 My Market Menu

RESOLVED - 18/204 Cr S Nugent/Cr S Munro

That Council allocate $20,000 in its 2018/2019 Delivery/Operational Plan to secure the My Market Menu event in Orange.

Manager Financial Services

COMPLETE

17 Apr 2018

Closed Council

6.2 Tenders for Forest Road Upgrade Street Lighting

RESOLVED - 18/205 Cr K Duffy/Cr T Mileto

1 That Council awards the contract for the installation of street lighting for the Forest Road upgrade to NJ Construction Pty Ltd for the amount of $204,050 GST inclusive.

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

Manager Works

Letter of acceptance sent.

Contracts executed.

COMPLETE

17 Apr 2018

Closed Council

6.3 Purchase Hangar at Orange Airport

RESOLVED - 18/206 Cr K Duffy/Cr S Nugent

1 That Council proceeds to purchase the western section of Hangar F at Orange Airport for the amount of $15,000 plus GST if applicable.

2 That Council enters into a five year lease of the western section of Hangar Site F.

3 That permission be granted to use the Council Seal on all necessary documentation, if required.

Manager Plant and Depot

Council is in the process of purchasing the hangar.

June

17 Apr 2018

Closed Council

6.4 China’s National Sword Policy and Impact on the Domestic Waste and Recycling Contract with JR Richards & Sons

RESOLVED - 18/207 Cr G Taylor/Cr J Whitton

That Council delegate the General Manager and Mayor to approve by application of the Council Seal to vary the existing domestic waste and recycling contract between Orange City Council and JR & EG Richards Pty Ltd to pay for increased recycling processing costs by Visy Recycling up to $60.00 (plus GST) per tonne.

Manager Waste Services

Domestic Waste Contract to be altered to reflect additional recycling processing cost in due course with other NetWaste Councils following application for relief funding from the EPA to assist with meeting additional recycling costs for an interim period of 4 months. Application to be lodged in May 2018.

17 Apr 2018

Council

Question Taken on Notice

Council requested a report be provided that identifies and analyses options for dealing with recycling.

Manager Waste Services

See detailed response below

September

Report with Strategic Plan identifying recycling options into the future will be provided before 30 September 2018 as the development of a Strategic Plan is a condition of receiving funding from the EPA recycling relief fund which will be submitted in May 2018.

17 Apr 2018

Closed Council

6.5 Tender – Provision of Insurance Brokerage Services and Placement of Insurance

RESOLVED - 18/208 Cr J Whitton/Cr R Turner

1 That the tender for Provision of Insurance Brokerage Services and Placement of Insurances be awarded to, and Orange City Council join, Civic Risk Mutual.

2 That permission be granted for the use of the Council Seal on any necessary documentation if required.

Manager Administration and Governance

Tender awarded and arrangements underway

COMPLETE

17 Apr 2018

Council

Question Taken on Notice

Council requested an update report on Kurim Shops and the Windred Street property, to include an outline of Council’s costs incurred to date on these matters.

Manager Building and Environment

June

17 Apr 2018

Council

Matter Arising

RESOLVED - 18/209 Cr R Kidd/Cr S Munro

That letters of congratulations be forwarded to local athletes Edwina Bone, Kurt Fearnley and Ben Emms on their efforts in the Commonwealth Games, and David Hayward for his efforts in the recent National Deaf Championships.

Executive Support Manager

Letters signed and posted on 25 May 2018

COMPLETE

3 Apr

2018

Council

Question Taken on Notice

Cr Romano noted that Council had resolved in November 2017 to receive a report on the possibility of including camping at Gosling Creek Reserve, and noted that this was not included in the Gosling Creek Reserve Management Plan, nor had Council received the report. The Mayor requested the General Manager seek a deferral of the Minister’s consideration of the Management Plan pending Council’s consideration of this report.

Director Community Recreation and Cultural Services

Item reported to Council 15 May. Item to be listed for a Councillor Workshop

June 2018

3 Apr

2018

Council

4.1 Notice Of Motion - Investigation of an Archery Site By Cr Romano and Cr Previtera

RESOLVED - 18/152 Cr S Romano/Cr M Previtera

That Council investigate a suitable site for Olympic target archery for both outdoor and indoor opportunities.

Director Community Recreation and Cultural Services

Council has contacted Archery Australia and Archery NSW to obtain requirements for establishment of the facility. Awaiting provision of information

June 2018

3 Apr

2018

Council

QUESTION TAKEN ON NOTICE

Cr Mileto requested the Archery Club be invited to make a presentation to Council on their plans and attempts to secure funding.

Executive Support Manager

Archery Club presenting to Council on 5 June.

COMPLETE

3 Apr

2018

Council

4.2 Notice of Motion - ALGWA NSW Conference 2018 By Cr Mcrae

RESOLVED - 18/153 Cr J McRae/Cr K Duffy

That the report on the Australian Local Government Women’s Association (ALGWA) NSW Conference 2018 by Cr Joanne McRae be acknowledged.

COMPLETE

3 Apr

2018

Council

QUESTION TAKEN ON NOTICE

A report was requested on actions that could be taken to secure the ALGWA Conference to be held in Orange.

Manager Business Development

Report to be presented to Council on 3 July 2018.

3 July 2018

3 Apr

2018

Council

6.1 Tenders for Traffic signals on the Forest Road Upgrade

RESOLVED - 18/155 Cr J Hamling/Cr S Munro

1 That Council award the contract for the installation of traffic signals for the Forest Road upgrade to Curran and Curran Pty Ltd for the amount of $192,445.00 inclusive of GST.

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

Assistant Works Manager

Contract executed by Council.

COMPLETE

3 Apr

2018

PDC

2.1 Items Approved Under the Delegated Authority of Council

RESOLVED - 18/125 Cr J Hamling/Cr R Kidd

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

Manager Development Assessments

COMPLETE

3 Apr

2018

PDC

2.2 Development Application DA 347/2017(1) - 68-74 Molong Road

RESOLVED - 18/126 Cr G Taylor/Cr K Duffy

That development application DA 347/2017(1) for Service Station; Neighbourhood Shop (two); Business Premises (car wash); Category 1 Remediation; Subdivision (two lot commercial), Signage, Demolition and Tree Removal at Lot 1 DP 393543 - 68-74 Molong Road, Orange be deferred and staff negotiate with the developer to reduce the hours of operation.

Senior Planner (Crump)

COMPLETE

3 Apr

2018

PDC

2.3 Development Application DA 309/2017(1) - 26 Cox Avenue

RESOLVED - 18/127 Cr R Kidd/Cr J Whitton

That Council consents to development application DA 309/2017(1) for Demolition (existing dwelling and garage), Multi Dwelling housing (three dwellings) and Subdivision (three lot residential strata) at Lot 9 Sec 4 DP 2986 - 26 Cox Avenue, Orange pursuant to the conditions of consent in the attached Notice of Approval.

Senior Planner (Drum)

Consent issued

COMPLETE

3 Apr

2018

PDC

2.4 Development Application DA 442/2017(1) - 122 McLachlan Street

RESOLVED - 18/128 Cr R Turner/Cr J Hamling

That Council consents to development application DA 442/2017(1) for Boarding House (four boarding houses), Subdivision (four lot Strata) and Demolition (tree removal) at Lot 172 DP 1238302 - 122 McLachlan Street, Orange, pursuant to the conditions of consent in the attached Notice of Approval, with an amendment to Condition 7 to replace the word “horizontal” to “vertical”.

Planner (Commins)

Consent issued

COMPLETE

3 Apr

2018

PDC

2.5 Development Application DA 19/2018(1) - 23 Honeyman Drive and Quinlan Run

RESOLVED - 18/129 Cr K Duffy/Cr M Previtera

That Council consents to development application DA 19/2018(1) for Subdivision (22 lot residential) and Demolition (dwelling, outbuildings and tree removal) at Lot 44 DP 1183090 and Lot 750 DP 1091475 - 23 Honeyman Drive and Quinlan Run, Orange pursuant to the conditions of consent in the attached Notice of Approval.

Senior Planner (Glenn)

Consent issued

COMPLETE

3 Apr

2018

PDC

2.6 Draft Planning Proposal - Towac Equine Precinct

RESOLVED - 18/130 Cr K Duffy/Cr S Munro

1 That Council give in principle support to the planning proposal, subject to:

· a preliminary design and costing of a horse underpass to convey horse riders to Towac Park without conflicting with future Southern Feeder Road traffic.

· a draft Development Control Plan masterplan being prepared containing specific equine controls and an indicative lot layout, with horse laneways and provisions relating to the construction of horse stables, exercise paddocks and animal welfare requirements.

2 That the Local Environmental Plan amendment be drafted on the basis of amending the land use zone and minimum lot size maps to reflect:

· rezoning the subject land to RU4 Primary Production Small Lots, excluding the residue land (to remain RU1 Primary Production).

· establishing a minimum lot size of 2ha for the subject land, excluding the residue land (to remain 100ha) and also establishing a minimum lot size of 1ha for the easternmost property (Lot 1 DP 310521).

3 That once the above matters are completed, the planning proposal be returned to Council for further consideration to determine whether the matter proceed to a Gateway determination.

Senior Planner (Mortell)

Underway

December

3 Apr

2018

PDC

2.7 Itinerant Trading

RESOLVED - 18/131 Cr K Duffy/Cr S Nugent

That the General Manager develop a comprehensive Local Approvals Policy for Mobile Food Vending Vehicles operating within the Orange Local Government Area.

Health and Building Surveyor

Policy being drafted

September

3 Apr

2018

EEDPC

2.1 Minutes of the Economic Development Community Committee Meeting held 21 March 2018.

RESOLVED - 18/133 Cr R Kidd/Cr S Munro

1 That Council acknowledge the reports presented to the Economic Development Community Committee at its meeting held on 21 March 2018.

2 That the minutes of the Economic Development Community Committee meeting held on 21 March 2018 be adopted.

Business Project Officer

Noted

COMPLETE

3 Apr

2018

IPC

2.1 Minutes of the Airport Community Committee Meeting - 28 February 2018

RESOLVED - 18/135 Cr R Kidd/Cr S Nugent

That the recommendations made by the Airport Community Committee at its meeting held on 28 February 2018 be adopted.

Plant and Depot Manager

Noted

COMPLETE

3 Apr

2018

IPC

2.2 Minutes of the City of Orange Traffic Committee meeting - 13 March 2018

RESOLVED - 18/136 Cr K Duffy/Cr S Munro

1 That Council acknowledges the reports presented to the City of Orange Traffic Committee at its meeting of 13 March 2018.

2 That the minutes of the City of Orange Traffic Committee Meeting of 13 March 2018 be adopted.

Manager Engineering Services

All works completed or scheduled

COMPLETE

3 Apr

2018

IPC

3.1 Current Works

RESOLVED - 18/137 Cr K Duffy/Cr S Munro

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

COMPLETE

3 Apr

2018

IPC

Question Taken on Notice

Cr Taylor requested the current works report include total usage of water per day.

Wayne Beatty

Average total is now be included in Current Works Reports to Infrastructure

COMPLETE

3 Apr

2018

IPC

Question Taken on Notice

Cr Taylor requested information on the streets/locations that have been hot-mixed over the last 5 years.

Works Manager

Information to be provided

June

3 Apr

2018

SRPC

2.1 Minutes of the Australia Day Community Committee Meeting - 21 February 2018 and 7 March 2018

RESOLVED - 18/139 Cr R Kidd/Cr S Nugent

1 That Council acknowledge the reports presented to the Australia Day Community Committee at its meeting of 21 February 2018 and 7 March 2018.

2 That the minutes of the Australia Day Community Committee meeting held on 7 March 2018 and the minutes of 21 February 2018 be adopted.

Events Officer

COMPLETE

3 Apr

2018

SRPC

2.2 Minutes of the Orange Showground Community Committee - 6 March 2018

RESOLVED - 18/140 Cr J Whitton/Cr S Nugent

That as there was not a quorum, Council note the recommendations made by the Orange Showground Community Committee at its meeting of 6 March 2018.

Director Community, Recreation and Cultural Services

Noted

COMPLETE

3 Apr

2018

SRPC

3.1 Formation of Orange Swim Club

RESOLVED - 18/141 Cr J Whitton/Cr J McRae

1 That Council acknowledge the support from Jets Swim Club and Orange District Swim Group to join a new Council based Swimming Club.

2 That Council progress the establishment of a new Council based swimming club as detailed in the report.

3 That the new Swim Club advertise and appoint the positions of Vice President and Coaching Director.

Director Community, Recreation and Cultural Services

Council have commenced the formation of the new club in conjunction with Swimming NSW and Jets Swim Club. Club expected to be established in July 2018

July 2018

3 Apr

2018

SRPC

QUESTION TAKEN ON NOTICE

The Mayor requested that a letter of appreciation be forwarded to Mark Frecklington, Ben Keegan and Council’s grounds staff for their work on the very successful recent cricket carnival.

Executive Support Manager

Letters sent.

COMPLETE

3 Apr

2018

ESPC

2.1 Minutes of the Companion Animal Community Committee

RESOLVED - 18/ Cr R Kidd/Cr J Hamling

1 That Council acknowledge the reports presented to the Companion Animals Community Committee at its meeting held on 5 March 2018.

2 That the minutes of the meeting of the Companion Animals Community Committee held on 5 March 2018 be adopted.

Director Development Services

Noted

COMPLETE

3 Apr

2018

ESPC

3.1 Cities Power Partnership Pledges

RESOLVED - 18/143 Cr J Whitton/Cr G Taylor

That the report on Cities Power Partnership Pledges be noted.

Director Development Services

Noted

COMPLETE

3 Apr

2018

FPC

2.1 Audit and Risk Management Committee meeting of 12 March 2018

RESOLVED - 18/144 Cr K Duffy/Cr S Munro

1 That Council acknowledge the reports presented to the Audit and Risk Management Committee at its meeting of 12 March 2018.

2 That the minutes of the Audit and Risk Management Committee meeting held on 12 March 2018 be adopted.

Internal Auditor

Noted

COMPLETE

3 Apr

2018

SPC

2.1 Minutes of the Ageing and Access Community Committee - 22 February 2018

RESOLVED - 18/145 Cr R Kidd/Cr J Hamling

1 That Council acknowledge the reports presented to the Ageing and Access Community Committee at its meeting of 22 February 2018.

2 That the minutes of the Ageing and Access Community Committee meeting of 22 February 2018 be adopted.

Director Community, Recreation and Cultural Services

Noted

COMPLETE

3 Apr

2018

SPC

2.2 Minutes of the Orange Conservatorium and Planetarium Committee Meeting held on 28 February 2018

RESOLVED - 18/146 Cr J Hamling/Cr J McRae

1 That Council acknowledge the reports presented to the Orange Conservatorium and Planetarium Committee at its meeting of 28 February 2018.

2 That the minutes of the Orange Conservatorium and Planetarium Committee Meeting held on 28 February 2018 be adopted, with the amendment that Cr Turner was not in attendance at this meeting.

Director Community, Recreation and Cultural Services

Noted

COMPLETE

3 Apr

2018

SPC

2.3 Minutes of the Community Safety and Crime Prevention Committee - 26 February 2017

RESOLVED - 18/147 Cr J McRae/Cr S Munro

1 That Council acknowledge the reports presented to the Community Safety and Crime Prevention Committee at its meeting of 26 February 2018.

2 That the minutes of the Community Safety and Crime Prevention Committee Meeting of 26 February 2018 be adopted.

Director Community, Recreation and Cultural Services

Noted

COMPLETE

3 Apr

2018

SPC

2.4 Minutes of the NAIDOC Week Community Committee Meeting - 8 February and 1 March 2018

RESOLVED - 18/148 Cr S Munro/Cr S Nugent

1 That Council acknowledge the reports presented to the NAIDOC Week Committee at its meeting of 8 February 2018.

2 That the minutes of the NAIDOC Week Community Committee meeting held on 8 February 2018 be adopted.

3 That, as there was not a quorum, Council note the recommendations made by the NAIDOC Committee at its meeting held on 1 March 2018.

Director Community, Recreation and Cultural Services

Noted

COMPLETE

3 Apr

2018

SPC

2.5 Minutes of the Clifton Grove Community Committee - 8 March 2018

RESOLVED - 18/149 Cr R Turner/Cr J McRae

1 That Council acknowledge the reports presented to the Clifton Grove Community Committee at its meeting of 8 March 2018.

2 That the minutes of the Clifton Grove Community Committee meeting held on 8 March 2018 be adopted.

Director Community, Recreation and Cultural Services

Noted

COMPLETE

3 Apr

2018

SPC

2.6 Minutes of the Lucknow Community Committee - 1 March 2018

RESOLVED - 18/150 Cr J Hamling/Cr S Munro

1 That Council acknowledge the reports presented to the Lucknow Community Committee at its meeting of 1 March 2018.

2 That the minutes of the Lucknow Community Committee meeting held on 1 March 2018 be adopted, with an amendment to the minutes to note that Mr Ron Gander was in attendance.

Director Community, Recreation and Cultural Services

Noted

COMPLETE

3 Apr

2018

SPC

2.7 Minutes of the Orange Health Liaison Committee - 19 March 2018

RESOLVED - 18/151 Cr R Kidd/Cr G Taylor

1 That Council acknowledge the reports presented to the Orange Health Liaison Committee at its meeting of 19 March 2018.

2 That the minutes of the Orange Health Liaison Committee meeting held on 19 March 2018 be adopted.

Director Community, Recreation and Cultural Services

Noted

COMPLETE

Council Meeting 19 June 2018

5.5 Development Application DA 155/2018(1) - 129-131 Byng Street

RECORD NUMBER: 2018/1433

AUTHOR: Andrew Crump, Senior Planner

EXECUTIVE Summary

Application lodged	9 May 2018
Applicant/s	Saran Holdings Pty Ltd C/- Peter Basha Planning and Development
Owner/s	Saran Holdings Pty Ltd
Land description	Lot 3 DP 150391 - 129-131 Byng Street, Orange
Proposed land use	Office Premises (alterations and additions to approved building to add a third level) and Solar Energy System (photovoltaic electricity generating system)
Value of proposed development	$600,000

Council approved the redevelopment of the subject land (129–131 Byng Street) on 3 October 2017 (and subsequently modified the development on 6 April 2018). The approved development involved a redevelopment of the former pub building for the purposes of an office premises with additional linked floor space in the form of a contemporary style two storey office building with under-croft parking.

The previous development also involved, inter alia, the provision of a reinstated traditional occupiable first floor timber verandah which is intended to be constructed as per that most recent development consent.

The approved development is currently under construction.

The applicant has since lodged a new development application which effectively seeks to alter the approved building design such that an additional 421.9m²of floor area can be provided. The additional floor space will be provided by adding an additional level to that which was previously approved – relating only to the new building. The former pub will remain as a two storey building.

This is a new development application as opposed to a modification of the previous development consent.

The location of the proposed development is shown below.

Figure 1 - locality plan

Comparison of Previously Approved and Proposed Building – South and East Elevations

Figure 2 - south elevation approved under DA 259/2017(1) and (2)

Figure 3 - south elevation proposed under this application

Figure 4 - east elevation approved under DA 259/2017(1) and (2)

Figure 5 - east elevation proposed under this application

The critical elements within the assessment of this application relate to heritage considerations (particularly the materiality of the exterior wall of the additional level) and car parking. Furthermore, the additional floor space results in a development that exceeds the applicable floor space ratio development standard of 1.0:1 that applies to the land. Accordingly, the applicant is seeking a variation of the development standard under Clause 4.6 of Orange Local Environmental Plan 2011.

The development has been assessed against Council’s relevant planning provisions and is deemed satisfactory subject to a number of recommended conditions addressing the above mentioned matters. Relevantly, the development is recommended for approval.

RECENT LEGISLATIVE CHANGES

On 1 March 2018 the Environmental Planning and Assessment Act 1979 was substantially amended. The most immediate change involves the restructuring and renumbering of the Act, with other more substantive changes to be phased in over time. However, for some applications (particularly where an application was lodged prior to the changes coming into effect) the supporting documentation may still reference the previous numbering regime. In the drafting of this report the content and substance of the supporting material has been considered irrespective of which legislative references were used.

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 tend 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.

DIRECTOR’S COMMENT

This Development application is to allow another floor to be added to the back of the currently approved Carrington Hotel development to allow further office space. Although the height of the proposed extension meets the height limit, the amount of floor space exceeds the LEP limits allowed. Council is, however allowed under Clause 4.6 of the LEP to exercise discretion in cases of departures like this. The Heritage Advisor has provided support with some recommendations to address the visual appearance.

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 155/2018(1) for Office Premises (alterations and additions to approved building to add a third level) and Solar Energy System (photovoltaic electricity generating system) at Lot 3 DP 150391 – 129–131 Byng Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

Council's consent is sought for alterations and additions to the recently approved and partly constructed building on the land to provide an additional 429.1m²of floor area over and above what was previously approved. This additional floor area is proposed to be provided by an additional 3^rd storey to the approved contemporary building currently under construction.

Some minor internal reconfiguration of both the former pub building as well as the approved new building is proposed as part of this application. Also, the approved car park layout under DA 259/2017(1) was modified under development consent DA 259/2017(2) to accommodate an area next to the car park for the mechanical plant to be situated. The car parking layout under this application reverts back to the pre-modified layout under DA 259/2017(1).

A 16kW capacity roof-mounted photovoltaic solar energy system is also proposed.

BACKGROUND

Council recently approved development consent DA 259/2017(1) and subsequently modified development consent DA 259/2017(2) which involved the change of use of the existing pub to an office premises. It also provided additional floor area with the construction of a new contemporary style addition to the west of the site in the form of a two storey building, with part under-croft parking in the north-western corner of the site. The application included the reinstatement/reconstruction of the traditional verandah and refurbishment of the former pub to provide modern office space.

Since the determination of the abovementioned modified development consent, the prospective tenant advised the applicant that additional floor space would be required in order to meet their operational needs. The only way to provide additional floor space within the site is via an additional level.

The applicant formed the opinion that the extent of the changes from the approved development to the proposed development did not meet the legal test for a modification being substantially the same development as was previously approved. Accordingly, the applicant has made application for alterations and additions to the approved and partly constructed building to add an additional level providing 421.9m²of extra floor space.

This application also seeks to alter, in a very minor way, the previously approved internal layout of the former pub and new building. Also, the car park layout was modified under development consent DA 259/2017(2) to accommodate an area next to the car park for the mechanical plant to be situated. The car parking layout under this application reverts back to the pre-modified layout under DA 259/2017(1).

This application does not involve those elements that have been previously approved such as the reinstatement of new timber windows; the reinstated timber verandah; the roof sheeting material or the exterior colour scheme of the former pub building for example. Those aspects of the redevelopment of the subject land will occur and be certified under development consent DA 259/2017(2).

The manner in which the applicant has proposed this development allows them to either build the additional level under this consent and finalise all matters under the earlier consent, or alternatively, chose not to act upon this consent at all (i.e. not build the third storey), and rely entirely on the development consent issued under DA 259/2017(2).

For the avoidance of doubt and to ensure certain outcomes that were agreed to under development consent DA 259/2017(2) are ultimately undertaken such as the timber sash windows, timber verandah, exterior colour scheme, preparation of a heritage interpretation plan, a condition is attached to ensure these aspects of the previous consent occur.

MATTERS FOR CONSIDERATION

Section 1.7 - Application of Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994

Development Applications lodged on or after 25 February 2018

Section 1.7 of the EP&A Act 1979 identifies that Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994 have effect in connection with terrestrial and aquatic environments.

Having regard to the relevant provisions and based on an inspection of the subject property, it is considered that the proposed development is not likely to significantly affect a threatened species.

A Biodiversity Development Assessment Report is not required in this instance.

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

Section 4.15

Section 4.15 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 s4.15(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,

(c) to conserve and enhance the water resources on which Orange depends, particularly water supply catchments,

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

The development is not inconsistent with the objectives of the B4 mixed use zone. The recently approved office use will continue the longstanding commercial use of the land and will not be incompatible with surrounding land uses.

The additional floor plate as a third storey addition has been designed taking into account the single storey built form to the north by recessing the uppermost portion 5.7m from the adjoining boundary, thereby providing a graduating transition from the proposed three storey built form to the contiguous row of single storey dwellings running north up Lords Place.

Moreover, the development with the construction of the reinstated verandah as approved under DA 259/2017(2) will retain and enhance a prominent corner building within an important precinct in the CBD.

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 1.7 - Mapping

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

Land Zoning Map:	Land zoned B4 Mixed Use zone
Lot Size Map:	No Minimum Lot Size
Heritage Map:	Located in a heritage conservation area
Height of Buildings Map:	Building height limit 12m
Floor Space Ratio Map:	Floor space limit 1.0:1
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Groundwater 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
Flood Planning Map:	Within a flood planning area

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

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 bio banking 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.

Part 2 - Permitted or Prohibited Development

Land Use Zones

The subject site is located within the B4 Mixed Use zone. The proposed development is defined as office premises under Orange LEP 2011 and solar energy system pursuant to the requirements of the SEPP (Infrastructure).

An office is defined under the LEP as:

a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.

Solar energy system is defined under the SEPP as:

any of the following systems:

(a) a photovoltaic electricity generating system,

(b) a solar hot water system,

(c) a solar air heating system.

Office premises and solar energy systems are permissible with development consent in the B4 Mixed Use zone.

Clause 2.3 of LEP 2011 references the Objectives for each zone in LEP 2011. These objectives for land zoned B4 Mixed Use zone are as follows:

· To provide a mixture of compatible land uses.

· To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

· To promote, where possible, the retention and reuse of heritage items as well as the retention of established buildings that contribute positively to the heritage or cultural values of the land in the zone.

· To promote development that supports the role of Orange CBD as the primary retail and business centre in the region.

The development is not inconsistent with the objectives of the B4 mixed use zone. The new office use will continue the longstanding commercial use of the land and will not be incompatible with surrounding land uses.

The development, with the inclusion of the reinstated verandah, will retain and enhance a prominent corner building within an important precinct on the periphery of the CBD. Moreover, the development will not impact on the primacy of the CBD as a regional retail and business centre.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.3 - Height of Buildings

This clause limits the height of buildings (HoB) on land identified on the Height of Buildings Map.

As defined by the LEP, the height of a building is determined by:

(a) in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or

(b) in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

The subject land is identified on the relevant LEP Map as having a Height of Building limit of 12m. As submitted by the applicant, the maximum height of the proposed development is 11.67m and is therefore consistent with the established height limit.

Clause 4.4 - Floor Space Ratio

This clause limits the floor space ratio (FSR) permitted on land identified on the Floor Space Ratio Map. Clause 4.5 is associated with this clause and establishes the rules for calculating the site area and FSR of any proposal. These rules exclude certain parts of a site and development such as:

· excluding any part of the site upon which the development is prohibited (i.e. if the site is split zoned only the zone in which the development is permissible may be considered)

· excluding community land and most public places

· lots in a strata scheme wholly or partly above other lots in the scheme do not increase the site area (i.e. the site area is the ground level of the scheme only)

· adjoining lots in the same ownership do not form part of the site area unless significant parts of the development are proposed on that land

· the floor area of existing buildings is to be included in the FSR calculation

· any covenant restricting floor space on the lot, due to floor space having been considered as part of the development of another lot, is to be taken into account.

The subject land is identified on the Map as having an FSR of 1.0:1. The site area has been calculated under Clause 4.5 as 1553.9m², meaning the site may have up to 1553.9m² of floor space. The proposal, minus the exclusions detailed in Clause 4.5, has been calculated as having a gross floor area of 1838.4m². This results in an FSR of 1.18:1 and therefore exceeds the applicable development standard.

The applicant has made application to vary the development standard pursuant to Clause 4.6 of the LEP.

Clause 4.6 - Exceptions to Development Standards

The objective of this clause is to provide for a degree of flexibility when applying certain development standards and to achieve better outcomes as a result of the allowance of flexibility in particular circumstances. The clause allows development to be granted despite the fact it contravenes a development standard imposed under Orange LEP 2011, unless such a development is expressly excluded from the clause.

Before granting consent to allow a variation under this clause, Council must consider a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

· that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

· that there are sufficient environmental planning grounds to justify contravening the development standard.

Development consent can only be granted, if:

(a) the Council is satisfied that:

· the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

· the proposed development will be in the public interest because of:

- consistency with the objectives of the particular standard, and

- consistency with the objectives of the zone applying to the site.

(b) The concurrence of the Secretary of the Department of Planning has been obtained^{^[1]}.

The applicant has provided a written request to vary the floor space ratio standard pursuant to Orange LEP 2011. As noted above the development exceeds the FSR standard by 0.18:1, effectively an 18% non-compliance.

The applicant submits the following in support of the contravention of the development standard:

· Based on the information provided in the SoEE at Section 4.5.1 Heritage/Street/Visual Impact, it is considered that the proposed development would not have an adverse impact on streetscape and the character of the area

· The development does not exceed the maximum building height that applies to this precinct under the LEP.

· Non-compliance with the development standard does not generate an unacceptable impact in terms of parking. The parking requirements for the development will be addressed in accordance with Council’s normal requirements. The payment of a monetary contribution for the shortfall of 4.32 spaces is in line with Council’s Parking Contributions Plan (CP). The CP states that contributions for car parking may be made on a voluntary basis by the developer for part or all of the parking required by the development by way of Development Contribution under this Plan instead of physically providing them on the development site.

· As addressed in the SoEE, non-compliance with the development standard will not result in unacceptable additional traffic impacts.

· As addressed in the Statement of Environmental Effects, non-compliance with the standard does not contribute to unacceptable impacts in terms of overshadowing, noise, lighting, or waste management.

· The increase in floor area is to address the needs of the building’s tenant, who is a well-established provider of community care services. The increase in FSR will improve the function and efficiency of this organisation. It is reasonable to suggest that the facilitation of community care organisations, such as in the matter proposed by this application, is likely to generate positive socio-economic outcomes.

· The development is generally compliant with the controls, or the intent of the controls contained in Orange Development Control Plan 2004.

The object of the floors space ratio (FSR) development standard is as follows:

(a) to ensure the scale and bulk of development does not have an unacceptable or adverse impact on streetscape and the character of the area in which the development is located.

The land is within the B4 Mixed Use zone which has the following objectives:

· To provide a mixture of compatible land uses.

· To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

· To promote development that supports the role of Orange CBD as the primary retail and business centre in the region.

In this regard, the proposal in respect to the variation sought is not fundamentally inconsistent with the above objects listed under both the applicable development standard and the relevant zone provisions.

In relation to the object of the FSR standard, the standard endeavours to control the scale and bulk of development so as to reduce the likelihood of adverse impact on streetscape/character of the area. FSR controls work somewhat in tandem with the applicable height controls. The FSR standard determines how much floor space is appropriate on the land and the height controls determine how the floor space can be distributed on the land in a vertical plane from a design point of view (there are obviously other influencing factors that also need to be considered such as parking).

As noted within the applicant’s application for a variation to the development standard, the development complies with the 12m height of buildings standard.

In addition to this, as mentioned below under the heritage assessment and the assessment of the development against Council’s infill guidelines, the development (subject to certain recommendations made by Council’s Heritage Advisor) is acceptable in terms of bulk and scale and compatibility with streetscape and character, particularly in terms of the developments relationship with the adjoining single storey development to the north.

As mentioned below, to ensure the additional level is compatible with the character of the area and achieves a reasonable outcome in terms of bulk and scale, Council’s Heritage Advisor recommends that the upper level be treated, in terms of materiality, as an attic element, or in other words like a roof element of the building . This is achieved principally by ensuring the composition of the building has a clear bottom, middle and a top, and ensuring the uppermost level adopts external materials that are lightweight materials typical of a roof application and dark in colour so as to be visually recessive.

The application achieves this to a degree, however, the subject plans indicate materials that would not achieve an interpretation of an attic space such as pre-finished FC sheeting (eastern elevation), the pre-finished composite cladding (southern elevation) and the block work. Council’s Heritage Advisor recommends that the exterior wall cladding of the topmost level be entirely clad in standing seam in a monument colour. Adoption of the recommendations will ensure the development is consistent with the objectives of the developments standard and the B4 Zone.

These recommendations have been attached as conditions of development consent in the attached Notice.

Council, in assuming the concurrence of the Secretary, must have regard to the matters contained within Clause 4.6(5), which requires the Secretary (or Council in this case) to consider:

· whether the development, with respect to the variation sought; would raise any matters of significance for State or regional environmental planning

· the public benefit of maintaining the development standard

· any other matters required to be taken into consideration by the Secretary before granting concurrence.

In relation to the above, given the foregoing assessment, Council can be satisfied that the issuing of (assumed) concurrence will not affect State or regional environmental planning matters.

The variation to the development standard would have a neutral benefit, again given the relatively modest nature of the exceedance and the requirements to pay a contribution in lieu of physical parking spaces to address the shortfall in parking; and finally, Council staff are not aware of any other matter that the Secretary (and therefore Council in assuming the role) ought to consider before granting concurrence.

In summary, the variation to the development standard is considered acceptable. The applicant has made a written request in which justification is presented as to the reasons why it is unreasonable or unnecessary to insist upon compliance with the development standard. Consideration of the variation against the objects of the applicable standard and the relevant zone indicates that the development is not manifestly inconsistent with either set of objectives (particularly with the required recommended conditions relating to materiality); and consideration of the concurrence requirements also suggests that the variation is acceptable.

Part 5 – Miscellaneous Provisions

5.10 - Heritage Conservation

The subject land is not a listed heritage item pursuant to Schedule 5 of Orange LEP 2011. The subject land is, however located within the Central Heritage Conservation Area. The subject land is also in close proximity to a number of key heritage items, namely; Orange Court House, Robertson Park and 261 Lords Place (as shown below in Figure 1 as Items I3, I54 and I116 respectively. The below image also shows red hatching relating to the heritage conservation area, and the subject land is shown in blue outline).

Figure 1- Heritage Context map (subject land – blue outline

red hatching showing the Heritage Conservation Area

brown areas showing heritage items)

The relevant Heritage Inventory sheet provides the following statement of significance for the land:

One of the earlier brick buildings in Orange and home to John Peisley, the licensed premises retains the key building form, complements the streetscape and contributes to the Conservation Area.

(1) Objectives

The objectives of this clause are as follows:

(a) to conserve the environmental heritage of Orange,

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

(c) to conserve archaeological sites,

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

The development is not fundamentally contrary to the objects of the clause. As mentioned in detail below, there are some design elements that Council’s Heritage Advisor has recommended be incorporated into the design to ensure a more desirable outcome in terms of the developments compatibility with the heritage conservation area and nearby heritage items is achieved.

With the imposition of these important conditions of consent, the development is considered satisfactory in terms of its consistency with the above objectives of the clause.

(2) Requirement for Consent

Development consent is required for any of the following:

(a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

(i) a heritage item,

(ii) an Aboriginal object,

(iii) a building, work, relic or tree within a heritage conservation area,

(e) erecting a building on land:

(i) on which a heritage item is located or that is within a heritage conservation area, or

(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

The application involves works that require development consent. That applicant has lodged a development application.

(3) When Consent Not Required

However, development consent under this clause is not required if:

(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

(i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

(ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

(b) the development is in a cemetery or burial ground and the proposed development:

(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d) the development is exempt development.

The development is considered to involve works that are greater than minor and as such development consent is required.

(4) Effect of Proposed Development on Heritage Significance

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

The applicant, Council staff and Council’s Heritage Advisor engaged in extensive pre‑lodgement dialogue; at the end of which the applicant amended the plans to conform to many of Council’s Heritage Advisors recommendations. However, there remains several outstanding issues which require attention to ensure the development proceeds in a satisfactory manner. Additionally, conformity with the recommendations of Council’s Heritage Advisor is necessary in ensuring that the request to vary the FSR development standard results in an acceptable outcome.

The remaining elements; namely exterior wall cladding; window treatment of the window above the Byng Street entrance; and the detailing of the balconies above the car park - eastern elevation, are addressed in detail below under the heading infill guidelines.

As detailed below, with the imposition of conditions addressing the matters listed above, the development is considered acceptable in terms of impacts upon the significance of the conservation area and nearby heritage items.

(5) Heritage Assessment

The consent authority may, before granting consent to any development:

(a) on land on which a heritage item is located, or

(b) on land that is within a heritage conservation area, or

(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

The applicant has prepared a Heritage Impact Statement in accordance with NSW OEH guidelines which is considered acceptable for the purposes of the above clause.

(6) Heritage Conservation Management Plans

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

Not applicable. The land is not currently identified as a heritage item pursuant to Schedule 5 of the LEP 2011 and accordingly a CMP is not considered warranted.

(7) Archaeological Sites

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a) notify the Heritage Council of its intention to grant consent, and

(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

The site is not a known archaeological site. Notwithstanding this, a precautionary condition is attached which sets out a procedure necessary to be followed in the event that an Aboriginal object or European relic is identified.

(8) Aboriginal Places of Heritage Significance

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:

(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

(b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

The land is not a known Aboriginal Place of Heritage Significance.

(9) Demolition of Nominated State Heritage Items

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:

(a) notify the Heritage Council about the application, and

(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

The land does not contain a Nominated State Heritage Item. As such, the above provision is not applicable.

From the foregoing assessment of the development against Council’s heritage conservation provisions, it can be concluded that with the imposition of relevant conditions of consent, the development is acceptable in terms of the impact upon the significance of the central heritage conservation area and nearby listed heritage item.

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

7.2 - Flood Planning

This clause applies to land identified on the Flood Planning Map as a Flood Planning Area and requires that, before any consent is issued, Council must be satisfied that the proposal:

(a) is compatible with the flood hazard of the land, and

(b) is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c) incorporates appropriate measures to manage risk to life from flood, and

(d) is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

The subject land is affected by the flood planning map. As such, flood related development controls apply. The applicant nominated a finished floor level (FFL) of the new building as 861.215 under the last development consent. The nominated finished floor level is above the 1% Annual Exceedance Probability and is considered acceptable. This application in no way affects the previously approved floor level.

7.3 - Stormwater Management

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

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

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

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

The development essentially involves the same amount of impervious surfaces as was the case under the most recent development consent. Notwithstanding this, it is essential that the engineering design results in post‑development stormwater levels that are equal to or less than pre-development levels. Council’s Technical Services Division have attached conditions of consent in this regard.

7.6 - Groundwater Vulnerability

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

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

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

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

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

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

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

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

Clause 7.11 - Essential Services

Clause 7.11 applies and 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.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 – Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land (SEPP 55) requires that a consent authority must not consent to the carrying out of development of land unless it has considered whether the land is contaminated; is satisfied that the land is suitable in its contaminated state for the development that is proposed; if the land requires remediation to be made suitable for the proposed development; it is satisfied that the land will be remediated before the land is used for that purpose.

Furthermore, SEPP 55 requires that before determining an application for consent to carry out development that would involve a change of use on any of the land specified in Subclause (4), the consent authority must consider a report specifying findings of a preliminary investigation of the land concerned.

Given that the land has longstanding commercial uses of the land from the initial corner store to the more recent pub use, the likelihood of a previous use that could have resulted in contamination on the land is minimal as was the determination under the most recent consent. Accordingly, the development is considered satisfactory. Notwithstanding this, a precautionary condition is attached which outlines the protocol to be followed in the unlikely event that contamination is encountered.

State Environmental Planning Policy (Infrastructure)

State Environmental Planning Policy (infrastructure) applies to the land in so far as the applicant is proposing to install a 16kW roof mounted solar energy system (photovoltaic). The SEPP provides an approval mechanism for such works.

The SEPP defines solar energy system as:

any of the following systems:

(a) a photovoltaic electricity generating system,

(b) a solar hot water system,

(c) a solar air heating system.

Clause 34(7) states; except as provided by subclause (8)^{^[2]}, development for the purpose of a solar energy system may be carried out by any person with consent on any land.

Accordingly, development consent is required and the applicant has sought the consent of Council. The positioning of the solar energy system is considered to be acceptable and is unlikely to have an adverse impact on the significance of the heritage conservation area or listed items of environmental heritage in the vicinity of the subject land.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION 4.15(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 proposed development is not integrated development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s4.15(1)(a)(iii)

Development Control Plan 2004

Development Control Plan 2004 (“the DCP”) applies to the subject land (Chapters 0 – Transitional Provisions, 2 – Natural Resource Management, 3 – General Considerations, 8 – Development in Business zones, 13 – Heritage and 15 – Car Parking). An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

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

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

The corresponding zone to zone 3(b) Business Services (Orange LEP 2000) is zone B4 Mixed Use zone (Orange LEP 2011). As such, Orange DCP 2004 – Chapter 8 Development in Business Zones is the chapter of primary relevance to this proposal. The provisions of Chapter 8 and other relevant chapters are considered below.

Chapter 2 - Natural Resource Management

Chapter 2 - Natural Resource Management provides planning outcomes for stormwater and groundwater quality, soil resource management, vegetation management and flora/fauna management; all of which have been considered above under the heading Orange LEP 2011 (stormwater, groundwater), Section 5A of the Act and/or likely impacts below.

Chapter 3 - General Considerations

Chapter 3 provides planning outcomes of a general nature. Those of relevance to this assessment relate to cumulative impacts and urban areas. These are both addressed elsewhere within this report.

Chapter 8 - Business Services Areas

· Applications clearly demonstrate that the development will not detract from the role of the CBD as a regional centre.

The use of the land as an office premises in a peripheral CBD location will have a neutral effect on the CBD. The core CBD is retained for primary retail functions. The development is consistent with the above planning outcome.

· Provision of adequate fire-safety measures and facilities for disabled persons (according to the BCA) is addressed at the application stage (relevant for all development but particularly important where converting residential buildings for business use).

Relevant conditions are attached in this regard.

· Heritage streetscapes are conserved and enhanced through adaptive re-use of heritage buildings, restrained advertising and landscaped gardens.

An assessment of heritage conservation has been undertaken above. The previously approved landscape scheme remains unchanged.

· Areas on the main roads into and out of Orange (such as Molong Road and Bathurst Road) provide a high level of architectural design to enhance the visual character of the City entrances.

Not applicable – the subject land is not located on a main road. Notwithstanding this, the development presents a sophisticated design approach that, by and large, responds positively in the context and setting.

· All sites contain an element of landscaping. Landscaping provided is of a bulk, scale and height relative to buildings nearest the front property boundary so as to provide beautification and visual relief to the built form proposed or existing on the site. The depth of the landscape bed at the site frontage is sufficient to accommodate the spread of plantings that meet the abovementioned outcomes but, where practicable, a minimum depth of 3m is provided. Plantings are designed to provide shade for parking areas, to break up large areas of bitumen, to enhance building preservation and to screen against noise.

The previous application was supported by a basic landscape schematic which nominated several trees in strategic locations, including a tree in front of the new building in Byng Street; a tree in the central courtyard and three trees along the northern boundary. The landscape scheme at that time did not nominate tree species, and as such a condition was attached requiring a detailed landscape plan be prepared nominating the selected tree species appropriate for their location.

Additionally, a further condition was attached requiring prostrate landscaping to be installed between the eastern boundary and parking space 1.

This application now nominates the subject trees as being Pyrus calleryana ‘Capital’. Capitals are a columnar shaped deciduous tree which grows to around 10m in height and 1‑3m wide. The selected trees are appropriate for their respective locations and will provide suitable softening and beautification within the streetscape.

Chapter 13 – Heritage

Heritage considerations have been addressed in detail above under the heading Clause 5.10 of Orange LEP and below under the Infill Guidelines. Both the foregoing and following assessments of the developments effect on the heritage significance of the locality confirm the development is acceptable.

Chapter 15 – Car Parking

The requirements for onsite parking as provided by the DCP are essential to ensure new development does not result in an unacceptable environmental impact in the locality as a result of an undersupply in parking. In the event the requisite physical spaces cannot be practically provided on the land, Council has the ability to levy a monetary contribution in lieu of the physical parking space as part of Council’s Section 7.11 plan. Such car parking spaces would be provided by Council in select locations on a strategic needs basis.

To assess this development’s car parking demand it is necessary to establish the net increase in demand based on the proposed use and current approved use of the land.

Proposed Use – Office Premises

The DCP requires onsite parking for office premises to be provided at the rate of 1 space per 40m² of Gross Floor Area (GFA).

The submitted plans indicate that the total GFA of the development is 1838.4m².

Accordingly, the development generates a demand of 45.96 on-site spaces.

As determined under the most recent development consent, the Net Increase in Demand at that time based on the floor area proposed was 15.76 spaces. The following are the calculations for the additional floor area.

Previous Net Increase in Demand = 15.76

New Net Increase in Demand = 15.76 + 10.55 (additional 421.9m²) = 26.31 (rounded up)

Number of spaces provided = 22

Deficiency 26.31 – 22 (proposed spaces) = 4.31 spaces.

The development results in a deficiency in the required parking of 4.31 spaces. There is no ability to provide additional parking within the site. Council has the ability to require a monetary contribution in lieu of physical spaces being provided on the land.

Development Contributions Plans 2015 - Car Parking

The contribution plan provides a separate contribution rate for instances of additional floor area and instances where the demand is a result of a change of use with a higher parking demand. The circumstance resulting from this application is one whereby the demand is generated by additional floor area. As such the full rate of $14,390.73 applies.

Calculation of applicable contribution rate

4.31 spaces X $14,390.73 = $62,024.05

A condition is attached which requires the above amount to be paid prior to the issue of a Construction Certificate.

Notwithstanding the credits that apply to the land and the theoretic compliance with Council parking provisions, it is essential to ensure the development will not result in an unacceptable environmental impact in the locality based on parking provisions. This further assessment is undertaken below under the likely impacts section.

INFILL GUIDELINES

Council’s Infill Guidelines have been prepared to provide an assessment framework for developments located in heritage settings to ensure good quality and sensitive design outcomes. The framework is structured to guide development in heritage settings under five key heads of consideration, namely:

· Character

· Scale and form

· Siting

· Materials and Colour

· Detailing

The subject land is located within the Central Heritage Conservation Area and is in the vicinity of several heritage items such as; Orange Court House; Robertson Park and 261 Lords Place. Accordingly, the Infill Guidelines apply to the assessment of this application.

The infill guidelines also provide guidance around the positioning of solar energy systems and is considered below.

The following provides an assessment against the above listed heads of consideration.

Character

The character of the locality is described as an important heritage precinct. The area comprises the Court House to the south; Robertson Park diagonally opposite the site to the south east; the civic quarter to the east and a contiguous row of intact period dwellings to the north.

The subject land is located on the periphery of the CBD and is a prominent and important corner site, mostly as a result of its proximity to the abovementioned key sites, but also as it bookends the row of single storey dwellings that make up the remainder of the development pattern of Lords Place to the north.

The character of Byng Street comprises a mix of commercial architectural styles, from small converted later Victorian cottages, to more recent examples of commercial building types. The northern side of Byng Street comprises a varied front building alignment and inconsistent built form and scale of buildings.

The recently approved development with the reinstated verandah; refurbished original building and contemporary additions will further reinforce the existing building’s prominence within the street. The proposition to now add an additional level to the contemporary portion of the development will not dramatically alter the established character. The character will be maintained through a combination of the modulated design, setbacks of upper portions of the additional level and the conditions attached, particularly those related to materiality.

The recently approved development was said to result in an existing gap in the Byng Street streetscape being filled with appropriate built form, resulting in a development that strengthens and enhances the existing character of this important precinct within the city. The sympathetically designed additional level (coupled with the imposed conditions of consent) will result in a development that remains congruous with the character of the area.

Scale and form

The scale and form of the development has been strongly influenced by the surrounding context and the heritage characteristics of the area. The additional level, having regard to the conditions relating to materiality and the setback portions within the southern and northern elevations will still result in a development that is sympathetic and subordinate to the existing historic building on the land. This then allows the existing building (former pub) to remain the dominant building within the site and retain important views of the former pub from select vantage points in Byng Street. This has been achieved by carefully balancing the scale of the new building with the scale of adjoining development to the north.

The form of the new building, particularly with reference to the Byng Street elevation, adopts a contemporary rectilinear form, with recessed elements at ground level to allow for the slope of the land and provide a transitional setback at (ground level) between the former pub and adjoining building to the west. The first floor extends out towards Byng Street past the ground level building line, in reference to the traditional zero setback of commercial buildings evident with the former pub and buildings further west in Byng Street. This is again achieved whilst being cognisant of the hierarchy of important buildings within the site. The additional third storey is set back behind the front building lines of the adjoining building to the west as well as the former pub, resulting in a compatible development through the south elevation.

In terms of the scale of the new building (with regards to the additional level) within the Lords Place elevation, whilst now at three storeys in height, the same generous setback as the lower level is adopted in this part of the site so as to relate more appropriately to the adjoining development pattern of single storey former dwellings with generous front setbacks.

The form of the proposed upper level portion of the new building in the northern portion of the site adopts a setback from the northern boundary in the order of 5.7m, which results in the retention of part of the small hip roof immediately adjoining the western boundary. The hip roof is intended to interpret a traditional hip roof evident in the surrounding former dwelling; whilst also providing a graduating transition to the single storey built form. This has the effect of reducing the bulk of the three storey high building form by breaking the top part of the wall into three elements. The bulk of this elevation is also lessened through the use of lightweight materials on the upper level interpreting a roof form and modulating the lower levels through the use of a mix of materials in the vertical plane.

The design rationale adopted for the development involving an additional level to the previously approved contemporary style building, continues to result in a design that is cognisant of the important relationship the new building has with the historic building on the land, as well as the importance of acknowledging the built form on the adjoining land. Accordingly, the development is satisfactory in terms of scale and form.

Siting

The proposed upper level is appropriately sited within the envelope of the approved new (partly constructed) building. The upper level within the southern elevation is recessed behind the line of the adjoining building to the west as well as the former pub within the subject land. Ideally, the proposed additional level would be sited in a manner that is further separated from the former pub building so as not to crowd it. However, this is not possible due to the existing positioning of critical foundations below that have already been constructed. Notwithstanding this, the setbacks of the upper level and conditions relating to materiality result in an acceptable development in terms of siting.

Materials and Colour

Concentrating only on the upper level, the proposed materials consist of:

· Colorbond standing seam cladding in Monument Matt finish.

· Pre-finished fibre cement sheeting.

· Pre-finished composite cladding with flush joints coloured dark zinc.

· Select block work – light grey colour.

Council’s Heritage Advisor has recommended that the varying finishes on the exterior walls be amended to reflect an attic or roof space so as to reduce the overall presence of the building and ensure the development is compatible in the streetscape and consistent with the character of the area. For this to be achieved, the selected exterior materials need to be similar to that of materials used in the construction of a roof i.e. lightweight metal cladding.

To this end the following condition is attached to ensure the materials and colours of the additional level are acceptable:

The exterior walls of the uppermost level of the building (i.e. third storey) on all elevations shall be clad in Monument coloured Matt finish standing seam cladding; the standing seam cladding shall comprise standing seams of 35mm at 300mm centres. The approved plans shall be amended to clearly show the required exterior cladding material on all elevations prior to the issue of any construction certificate.

Detailing

The detailing of the proposed development is generally acceptable, save for the arrangement of the balconies within the east elevation above the car park. Council’s heritage advisor has recommended an alternate design approach of this element of the building. The intent of the recommendation from Council’s heritage advisor is to present a greater degree of continuity with the overall development and ensure the development is sympathetic with its setting. The proposed arrangement of balconies adopts a variety of materials arranged in a unified manner. As such, a condition is attached which requires an amended design of the balconies at first and second levels.

To this end the following conditions is attached:

The two balconies above the car park in the north eastern corner of the new building are to be provided with the same projection (depth) and have a unified steel assembly structure providing awning, steel slat balustrade and louvres that adopts a similar, but contemporary interpretation of the restated verandah over the footpath.

Additionally, the projecting face block wall at the northern end of the two balconies are to be deleted and replaced with steel verandah awning details the same as required above for continuity.

The amended plans showing the above required detail shall be submitted to and approved by Council’s Manager Development Assessments prior to the issue of any Construction Certificate.

Solar Energy System – Photovoltaic Panels

As mentioned above, the applicant is seeking consent to install a 16kW solar energy system spread across the roof of the former pub and on the north facing roof of the new portion of the building. The exact proposed locations are shown in Figure 2 below.

Figure 2 - location of Solar Energy System

The location of the proposed solar energy system is well considered. The selected locations relate to roofs that are less visually prominent either by orientating internally within the site (those that relate to the former pub) or a roof that does not adjoin a public road. The proposed solar energy system is considered acceptable.

From the foregoing assessment it can be concluded that the development (with the imposition of conditions of consent) is acceptable in terms of consistency with Council’s adopted infill guidelines.

PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15(1)(a)(iv)

The development is not inconsistent with the provisions prescribed by the regulations.

THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15(1)(b)

Context and Setting

The subject land is located on a prominent corner site in proximity to significant heritage items and opposite the civic quarter. The development pattern comprises single storey and a mix of two or more storeys within Byng Street, and single storey period dwellings (some adaptively re-used for commercial purposes) within Lords Places. It is noted that large buildings such as the rear of the Police Station and the Metropolitan Hotel are visible in the backdrop of the dwellings when viewed from Lords Place and Hampden Avenue.

The design responds appropriately to the context and setting through the setbacks of the upper level at the northern and southern boundaries and by the modulation and window proportions. The imposition of conditions of consent recommended by Council’s Heritage Advisor will further assist with ensuring the development is appropriate within the context and setting

The foregoing and following assessment concludes that the development is not incompatible with its context and setting.

Access, Traffic and Parking

The access to the site and parking arrangements remain the same as what was approved under the first development consent (DA 259/2017(1)). As mentioned above, the additional floor space essentially absorbs all remaining historic parking credits (associated with the former pub use) that were identified under the most recent consent within the land and a shortfall of 4.31 spaces results. The shortfall is addressed via a requirement to pay a monetary contribution in lieu of the physical spaces.

The car park design is acceptable and Council’s Technical Service Division raised no objections to its design. It is noted that the plans notate an (s) within spaces 9-12 which indicates the spaces are 60mm short of the required dimensions under the Australian Standard, however the Standard allows for a number of spaces that are below the Standard to cater for smaller vehicles. In any event, Council’s standard car parking condition, which is attached, requires the spaces to be designed and constructed in accordance with the relevant Australian Standard.

The development is considered acceptable in terms of access, traffic and parking.

Heritage Impacts

Impacts upon the significance of the heritage conservation area and heritage items in the vicinity of the subject land have been considered in detail above.

Noise impacts

Council’s Environmental Health and Building Surveyor did not raise any concerns in regards to noise impacts under the most recent development consent, specifically the air conditioning units which are nominated on the plans in enclosures well separated from the boundaries. The location of the mechanical plant remains in the same location, and despite the fact that a larger HVAC unit may be likely for the additional floor area, no objections have been raised by Council’s Environmental Health and Building Surveyor under this application in regards to noise.

Adjoining Amenity

In terms of the developments’ impact on the adjoining property to the west, the impact is considered reasonable and indeed, not unexpected given the neighbouring commercial building has built to the eastern boundary of its site. The windows impacted upon by the development are not north facing, nor can it be expected that development on the adjoining land would not take place that would equally take advantage of the ability to construct commercial buildings on the boundary. It should be noted as a matter of courtesy, at the early stages of the development, Council wrote to the neighbour advising them of the development and that they should consider their fire safety options. It is understood that both landholders then held negotiations on this issue civilly as the case should be.

In terms of the developments’ impact to the adjoining property to the north; the impacts on this property will be within acceptable limits. The adjoining property to the north recently sought approval to be used for the purposes of office premises and serviced apartment, and although the building appears like a dwelling, the building is a commercial property and less sensitive to things like privacy, overshadowing and bulk.

Notwithstanding this, the design of the development with the generous setback to Lords Place; recessed third storey; roof form providing a hip roof to the second storey (through the north elevation); articulation and mixed materials in the northern elevation, will mean the impacts upon the adjoining building to the north will be within acceptable levels.

It should also be noted for completeness that there will be limited privacy impacts – the only impact arises from the internal balcony which is well separated from the northern boundary, and no overshadowing impacts as the subject land is to the south of the adjoining former dwelling with the new development only shadowing (for an extended period) the roadway to the south of the subject land.

The development is therefore considered acceptable in terms of impacts upon the amenity of adjoining land.

Environmental Impacts

The subject land does not comprise any native vegetation within the land and as such is considered acceptable.

Safety, Security and Crime Prevention

The design of the development is acceptable in terms of safety, security and crime prevention. The design will allow reasonable causal surveillance of the public and private areas. The access points to the building are in appropriate locations to allow safe entry/exit from the building with limited unlit or secluded areas within the site to allow unwelcome people within the site to hide.

Social Impacts

The development is likely to have a neutral effect on the social cohesion of the city. There are no aspects of the development that would lead to unacceptable social impacts.

Economic Impacts

The development will present a boost to the economy through job creation and economic stimulation during the construction phase.

On post-construction, the development has the potential to create jobs related to the office use.

There are no aspects of the development that would result in unacceptable economic impacts in the locality.

Construction Impacts

As established in the most recent development consent applying to the construction phase of the development, it has the potential to create short-term impacts associated with parking of construction worker vehicles; deliveries to site etc. These impacts are unavoidable for a construction of this size in an urbane environment, but whilst they are unavoidable they are only short-term for the duration of the construction phase. Notwithstanding this, given the context and setting of the development site, the construction impacts need to be carefully managed and as such a condition is attached that requires a construction management plan to be prepared that addresses such things as parking of construction workers; site deliveries; dust mitigation etc. This was also a requirement under the recent consent. A condition is attached to this effect.

Cumulative Impacts

Cumulative impacts of a development can arise under four typical scenarios, namely:

· time crowded effects where individual impacts occur so close in time that the initial impact is not dispersed before the proceeding occurs

· space crowded where impacts are felt because they occur so close in space they have a tendency to overlap

· nibbling effects occur where small, often minor impacts, act together to erode the environmental condition of a locality and

· synergistic effects, where a mix of heterogeneous impacts interact such that the combined impacts are greater than the sum of the separate effects.

The construction phase of the development could potentially create one or more of the above scenarios, however appropriate conditions are attached to ensure the development occurs in a satisfactory manner.

The development, once operational, is not expected to result in any of the above scenarios that would lead to unsatisfactory environmental impacts. This is due to the design, operation and relevant conditions of consent.

THE SUITABILITY OF THE SITE s4.15(1)(c)

The proposed development continues the longstanding commercial use of the land and will continue to be an appropriate fit in the locality.

There are no site attributes such as natural, physical or technological hazards that would unreasonably constrain the development from occurring in a satisfactory manner.

The site is thus, considered suitable for the proposed development.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15(1)(d)

The proposed development is not defined as "advertised development" under the provisions of the Regulations and Council’s DCP. However, as the previous application was formally advertised, Council staff determined that it was appropriate to allow people the opportunity to comment in relation to the proposed as additional level. The application was advertised for the prescribed period of 14 days and at the end of that period 1 submission was received.

Submission – Owner of 127 Byng Street, Orange

The submitter raises concerns in relation to the proximity of the development in relation to the submitter’s property on the adjoining land. The submitter claims that the proposed development will block sunlight to windows in the eastern elevation of the submitter’s property, and reduce access to the existing fire drencher system attached to the eastern wall of the submitter’s property, indicating that the windows may need to be blocked up as a result.

The submission further states that the proposition of a third storey will result in additional overshadowing resulting in increased heating cost incurred by the tenant of the submitter’s building.

The submission concludes that with the above-listed matters, coupled with the noise and vibration experienced thus far, the existing tenant occupying the submitter’s building has not chosen to take up the option to extend their lease.

Council staff response

In response to the above, summarised matters contained within the submission received in relation to the subject development, the following is provided:

· In relation to the reduction of sunlight as a result of the development, Council’s planning provisions do not require existing levels of solar access to a commercial property to be protected as a result of a development. Additionally, it is worth noting that the windows in question are east facing, Council’s planning provisions relating to solar access for residential development only relate to north facing windows.

· In the event Council’s planning controls did apply to commercial development it would invariably not apply in this case as the windows are not north facing. It is also worth noting that the submitter’s property is built almost on the common boundary between their property and the subject land. Accordingly, it would not be unreasonable to expect that an adjoining owner may seek to develop their land in a similar manner at some point in the future.

· In relation to fire drencher system, Council staff made the submitter aware of this issue by letter on 15 January 2018. This matter is essentially a civil matter between the two parties that share the common boundary.

· Finally, the suggested nuisance caused by the adjoining development site is acknowledged. In response to this, Council’s standard conditions of consent relating to the construction phase of the development are attached i.e. construction times, requirement for a construction management plan, etc. the same as those attached to the most recent consent.

In terms of the likely impacts during construction, whilst they can cause a degree of nuisance, the impacts from construction are short term and in some instances are an unavoidable circumstance of a construction site on adjoining land. However, the above mentioned standard conditions are imposed to ensure the development occur in a satisfactory manner. Additionally, the EPA’s Interim Construction Nosie Guideline (2009) details restrictions on the construction process applicable to the development. Matters beyond this are matters to be dealt with civilly between neighbours.

PUBLIC INTEREST s4.15(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 Orange LEP 2011 (as amended) and DCP 2004, save for the contravention of the applicable FSR development standard under the LEP. Notwithstanding the contravention of the aforementioned standard, the applicant has made application to vary the standard pursuant Clause 4.6 of the LEP and, as outlined above the variation is considered acceptable.

A Section 4.15 assessment of the development indicates that the development is acceptable. 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, D18/30455 ⇩

2 Plans, D18/30287 ⇩

3 Submission, D18/30399 ⇩

[1] Planning Circular PS 17-006 – variations to development standards provides the procedure in relation to the assumed concurrence of the Secretary NSW Department of Planning and Environment. The circular notifies Council to inform them that; a) developments involving a variation to the development of > 10% or non-numerical development standards must be determined by “a full Council”; and b) the Council must take into account the Secretary’s mandatory considerations when assuming the Secretary’s concurrence (ie clause 4.6(5)).

Subclause 8 eessentially limits the capacity of solar energy systems in certain prescribed residential zones and as such does not apply to this application.

Development Application
Applicant Name:	Saran Holdings Pty Ltd
Applicant Address:	C/- Peter Basha Planning & Development PO Box 1827 ORANGE NSW 2800
Owner’s Name:	Saran Holdings Pty Ltd
Land to Be Developed:	Lot 3 DP 150391 - 129-131 Byng Street, Orange
Proposed Development:	Office Premises (alterations and additions to approved building to add a third level) and Solar Energy System (photovoltaic electricity generating system)

Building Code of Australia building classification:	To be determined by the Principal Certifying Authority

Determination made under Section 4.16
Made On:	19 June 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	20 June 2018
Consent to Lapse On:	20 June 2023


*Disclaimer - S88B of the Conveyancing Act 1919 -* 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:	20 June 2018

Organisation	Orange Triathlon Club
Project Summary	Supply and Construction of storage shed for equipment to be located at Gosling Creek
Project Cost	$20,991
Grant Sought	$10,000
Grant Allocation	$8,377

Key project benefits	To store race equipment including 300kgs of bike racks, timing equipment, witches hats, banners etc. The Storage facility will also house a defibrillator for use by the community.
Project limitations	A development application has been lodged with Council and approved. The project specifies a different location which will require a modification to be lodged.

Organisation	Orange Cycle Club
Project Summary	Replacement of top rail and wire mesh at Velodrome
Project Cost	$27,874
Grant Sought	$27,874
Grant Allocation	$23,349
Key project benefits	· Installation of an inner top rail to prevent riders from coming into contact with the existing top rail and wire mesh. · Removal of the existing protruding bolts and welding of the existing brackets to the top rail and fence posts, eliminating the risk of injury from coming into contact with the protruding bolts. · Installation of a lower rail inset approximately 100m from the new top rail to prevent riders coming into contact with the wire mesh on the fence and the fence posts. Note that this component may be completed as a separate body of work at a later stage. · Repair of the existing fencing wire and fastening as required. Materials to be provided by The Club and labour to be provided by Club Volunteers.
Project limitations	Nil

Organisation	Orange MTB Club
Project Summary	Continued enhancement of the Lake Canobolas MTB centre to a standard that enables the conduct of competitions and the hosting of major MTB titles
Project Cost	$21,815
Grant Sought	Up to $21,815
Grant Allocation	$18,274
Key project benefits	· Improve the quality, variety and length of the trail network. · Improve the park as a sporting and recreational facility for the community and would expect increased participation as a result of these improvements · Attract more visitors into the region. · Improved trails will see increased patronage which will have many benefits for the Orange community. · Continue to grow the numbers for our club racers and be able to accommodate them. · Increase the variety of events we can host. · Host major events
Project limitations	Nil