MINUTES OF THE
Planning and Development Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 14 August 2018
COMMENCING AT 7.00PM
Attendance
Cr R Turner (Chairperson), Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr J Whitton
Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services (Acting General Manager), Manager Corporate Governance, Manager Corporate and Community Relations, Manager Development Assessment, Manager Building and Environment.
1.1 APOLOGIES AND LEAVE OF ABSENCE
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RESOLVED - 18/360 Cr K Duffy/Cr S Nugent That the apology be accepted from Cr J Hamling and Cr S Romano for the Planning and Development Committee of Orange City Council on 14 August 2018. |
1.2 LIVE STREAMING AND RECORDING
1.3 ACKNOWLEDGEMENT OF COUNTRY
1.4 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Cr T Mileto declared a less than significant non-pecuniary interest in item 3.1 (DA Legal Cost Award Update) due to a relative’s employment with a company disclosed in the report.
Cr R Turner declared a less than significant non-pecuniary interest in item 2.5 (Development Application DA 329/2018 – 62 Byng Street and 77 Hill Street) due to being a Council representative for the Orange Regional Conservatorium, located next door to the subject property.
Cr S Munro declared a less than significant non-pecuniary interest in item 2.12 (Applications to Burn Vegetation) due to a personal relationship with one of the applicants.
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RESOLVED - 18/361 Cr J Whitton/Cr S Munro That item 2.5 be heard after the open forum before Cr R Turner assumes the chair. |
PLANNING
AND DEVELOPMENT COMMITTEE MEETING ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM
AT 7.02PM
OPEN FORUM
Item 2.5 - Development Application DA 329/2015(2) – 62 Byng Street & 77 Hill Street
Charles Everett
Mr Everett outlined his concerns regarding Boundary Fencing.
Item 2.3 – Orange Local Environmental Plan 2011 – Amendment 21 ‘Totally Local’ – Post Exhibition Report
Jeff Riach
Mr Riach outlined his concerns regarding this application.
Item 2.10 - Orange Local Environmental Plan 2011 – Amendment 17 ‘Towac Equine Precinct’
Simon Oliver
Mr Oliver outlined his concerns regarding this application.
Item 2.6 - Development Application DA 305/2016(1) – 168 Shiralee Road
Gemma Dwyer
Ms Dwyer outlined her concerns regarding the application.
Item 2.2 - Development Application DA 86/2018(1) – 194A March Street
Charles Everett
Mr Everett outlined his concerns regarding the application.
Sylvia Cleary
Ms Cleary outlined her concerns regarding the application.
Dr Ruth Arnold
Dr Arnold outlined her concerns regarding the application.
Ruth Thompson
Ms Thompson outlined her concerns regarding the application.
Lisa Cunial
Ms Cunial outlined her concerns regarding the application.
Ian Ugarte
Mr Ugarte from the Australian Housing Initiative spoke regarding affordable housing, statistics and misconception of boarding houses.
Trevor Buckman
Mr Buckman outlined his concerns regarding the application.
Ron Gander
Mr Gander outlined his concerns regarding the application.
Maryann Sladek
Ms Sladek outlined her concerns regarding the application.
Greg Kings
Mr Kings from Kings Consulting Services Pty Ltd outlined information in support of the application.
PLANNING AND DEVELOPMENT COMMITTEE MEETING RESUMED AT 8:10PM.
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2.5 Development Application DA 329/2015(2) - 62 Byng Street and 77 Hill Street TRIM Reference: 2018/1892 Cr Turner declared a less than significant non-pecuniary interest due to being a Council representative for the Orange Regional Conservatorium, located next door to the subject property, left the chamber and did not participate in discussion or voting on this matter. |
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RESOLVED - 18/362 Cr S Nugent/Cr G Taylor That Council modifies development consent DA 329/2015(1) for Alterations and extension to an existing heritage mansion to provide boutique hotel accommodation, conference room, kitchen and dining facilities, on-site car parking and landscaping, and demolition (tree removal) at Lot 3 Sec 21 DP 758817, Lot 4 DP 1085463 and Lot 1 DP 956418 – 62 Byng Street and 77 Hill Street, Orange pursuant to the conditions of consent in the attached modified Notice of Approval however with conditions 47 and 66A amended to ensure hardwood is used on the fence along the boundary with 60 Byng Street.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr J Hamling, Cr S Romano, Cr R Turner |
MATTER ARISING
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RESOLVED - 18/363 Cr K Duffy/Cr S Nugent 1 That Council resolve to formally write to the Building Professionals Board to make a complaint about the manner in which the certifier has issued the Construction Certificate for the property in item 2.5 (Development Application DA 329/2015(2) – 62 Byng Street & 77 Byng Street). 2 That Council consider a motion to present a question regarding the role and enforcement of certifiers at the Local Government Conference. |
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TRIM Reference: 2018/1640 |
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RESOLVED - 18/364 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.
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* Cr R Turner returned to the chamber with the time being 8:27PM.
* Cr R Turner assumed the role of Chairperson.
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TRIM Reference: 2018/1891 |
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RESOLVED - 18/365 Cr S Nugent/Cr T Mileto That Council refuses development application DA 86/2018(1) for Boarding House (three boarding houses) and Subdivision (three lot Strata) at Lot 222 DP 1239110 - 194A March Street, Orange pursuant to the reasons in the attached Notice of Refusal.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Cr M Previtera |
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Absent |
Cr S Romano, Cr J Hamling |
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TRIM Reference: 2018/1622 |
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RESOLVED - 18/366 Cr K Duffy/Cr R Kidd 1 That Council resolve to proceed with the amendment to Orange Local Environmental Plan 2011 and authorise the General Manager to make the plan under delegation. 2 That Council advise the applicant of the probable need for any future development application to incorporate access upgrade works and an appropriate heritage impact statement in relation to Ammerdown House and Carriageway.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr S Romano, Cr J Hamling |
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2.4 Development Application DA 3/2013(1) - 806 Huntley Road and Gander Road TRIM Reference: 2018/968 |
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RESOLVED - 18/367 Cr R Kidd/Cr J McRae That the report be noted. Council was advised by the Director Development Services that the Applicant has withdrawn the Development Application.
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TRIM Reference: 2018/1894 |
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RESOLVED - 18/368 Cr K Duffy/Cr J Whitton That Council defer the matter, direct staff to urge the Applicant to reengage with neighbours and submit a further report to Council. |
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr S Romano, Cr J Hamling |
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TRIM Reference: 2018/1532 |
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RESOLVED - 18/369 Cr R Kidd/Cr T Mileto That Council consents to development application DA 350/2016(1) for Demolition (ancillary structures), Subdivision (Torrens Title - four lot residential), Dwellings (two dwellings), Multi Dwelling Housing (seven dwellings) and Subdivision (Community Title - eight lot residential) at Lots 1, 2 and 3 DP 1127220, Lot 19 DP 1158710, and Lots 17 and 18 Sec 22 DP 758817 - 47-49 Hill Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr S Romano, Cr J Hamling |
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TRIM Reference: 2018/1677 |
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RESOLVED - 18/370 Cr R Kidd/Cr K Duffy That Council consents to development application DA 66/2018(1) for Air Transport Facility (bulk fuel tank and refuelling facility) at Lot 200 DP 1195298 - 136 Aerodrome Road, Huntley pursuant to the conditions of consent in the attached Notice of Approval.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr S Romano, Cr J Hamling |
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Cr J Whitton and Cr S Munro requested information regarding firefighting equipment/services available at the Airport be provided and whether this requires review with the approval of additional fuel storage at the Airport. |
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TRIM Reference: 2018/1678 |
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RESOLVED - 18/371 Cr R Kidd/Cr K Duffy That Council consents to development application DA 77/2018(1) for Airport (bulk fuel tanks (2) and refuelling facility) at Lot 200 DP 1195298 - 136 Aerodrome Road, Huntley pursuant to the conditions of consent in the attached Notice of Approval.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy), Cr K Duffy, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr S Romano, Cr J Hamling |
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TRIM Reference: 2018/1922 |
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RESOLVED - 18/372 Cr T Mileto/Cr G Taylor 1 That Council support sending the planning proposal to the NSW Department of Planning and Environment for a Gateway determination, subject to the proposed 1ha area being amended so as to also be set at 2ha. 2 That, subject to any Gateway condition requirements, Council place the planning proposal on public exhibition for a period of 28 days. 3 That Council include the draft Development Control Plan provisions relating to Animal Boarding or Training Establishments with any public exhibition of the planning proposal. 4 That subsequent to the public exhibition process, Council consider whether to exclude any specific properties from the planning proposal.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr S Romano, Cr J Hamling |
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TRIM Reference: 2018/710 |
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RESOLVED - 18/373 Cr R Kidd/Cr K Duffy That Council endorses the attached Draft Enforcement Policy for public exhibition for a period of 28 days.
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TRIM Reference: 2018/1945 Cr S Munro declared a less than significant non-pecuniary interest due to a personal relationship with one of the applicants. |
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RESOLVED - 18/374 Cr K Duffy/Cr T Mileto 1 That the applications of S & V Conran of 36 Witton Place and J Bale of Wentworth Golf Club to burn vegetation be approved and staff prepare approval documentation in consultation with relevant agencies. 2 That the application of J Livingstone of 136 Kearneys Drive be refused as per the recommendation. 3 That Council staff bring back a No Burn Policy for the consideration of Council. |
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 Planning and Development Committee meeting closed to the press and public.
In response to a question from the Chairperson, the General Manager advised that one written submission had been received relating to any item listed for consideration by the Closed Meeting of the Extraordinary Planning and Development Committee.
The Chairperson extended an invitation to any member of the public present at the meeting to make a presentation to the Extraordinary Planning and Development Committee as to whether the meeting should be closed for a particular item.
MATTER ARISING - DISCUSSION ITEM
The Council received an email from Mr Des Mulcahy dated 13 August 2018 seeking clarification regarding whether the explanation provided by Council in the Agenda (21 August 2018) for the decision to incorporate Item 3.1 in the closed meeting was sufficient to meet the requirements of section 10D of the Local Government Act 1993.
The Council noted that under section 10D (1) the Council must state the grounds on which it is closing a part of the meeting and record this into the minutes. Under section 10D (2) the grounds must specify the following:
(a) the relevant provision of section 10A (2) that the Council is relying upon,
(b) the matter that is to be discussed during the closed part of the meeting,
(c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.
The Council noted that the Agenda contained information in compliance within sections 10D (2) (a) and (b) in the Agenda. In relation to section 10D (2) (c) the Council noted that with respect to Item 3.1 on balance, the public interest in preserving the confidentiality of legal advice about the DA legal cost awards outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would put the Council at a competitive disadvantage in its negotiations.
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RESOLVED - 18/375 Cr R Kidd/Cr K Duffy That the Extraordinary Planning and Development Committee 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: 3.1 DA Legal Cost Award Update (Strictly Confidential and Privileged) 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 (e) information that would, if disclosed, prejudice the maintenance of the law and (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. |
The Chairperson declared the open meeting of the committee adjourned for the conduct of the closed meeting at 10:20PM
The Chairperson declared the open meeting of the committee resumed at 10:30PM.
4 Resolutions from Closed Meeting
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TRIM Reference: 2018/1815 Cr T Mileto declared a less than significant non-pecuniary interest in item 3.1 – DA Legal Cost Award Update due to a relatives employment with a company disclosed in the report, left the chamber and did not participate in discussion or voting on this matter. |
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RESOLVED - 18/376 Cr G Taylor/Cr S Nugent That Council delegate to the General Manager the management of the cost award matters.
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* Cr T Mileto returned to the chamber with the time being 10:35pm.
The Meeting Closed at 10:40Pm