Agenda of Council Meeting - 18 December 2018

Minutes of the Board Meeting 22 November 2018 held at Mayfield Gardens, Oberon

Board Delegates in bold

Cr G Hanger	Bathurst Regional Council	Cr K Sajowitz	Oberon Council
Mr D Sherley	Bathurst Regional Council	Mr G Wallace	Oberon Council
Cr S Ferguson	Blayney Shire Council	Cr R Kidd	Orange City Council
Ms R Ryan	Blayney Shire Council	Cr K Boyd	Parkes Shire Council
Cr A Durkin	Cabonne Council	Cr P Best	Weddin Shire Council
Mr S Harding	Cabonne Council	Mr L Gibson	Weddin Shire Council
Cr D Somervaille	Central Tablelands Water	Ms C Weston	RDACW
Mr G Rhodes	Central Tablelands Water	Mr A Albury	DPC
Cr B West	Cowra Council	Ms K Purser	OLG
Mr P Devery	Cowra Council	Ms J Bennett	Centroc
Mr S Murru	Forbes Shire Council	Ms Meredith Macpherson	Centroc
Cr J Medcalf	Lachlan Shire Council
Mr G Tory	Lachlan Shire Council

1. Welcome by Chair John Medcalf 2.36pm

2. Apologies

Cr M Liebich, Cr K Keith, Cr K Beatty, Cr P Miller, Mr S Loane, Mr G Styles, Mr G Carroll, Cr J Stafford, Mr J Bell, Cr B Ingram, Dr E Marks, Cr R Thompson, Mr G Faulkner, Ms J Andrews

Resolved Mr D Sherley/Cr B West

That the apologies for the Centroc Board meeting 22 November 2018 listed above be accepted.

3. Speakers – Nil

4. Minutes

4a Noting of the Minutes of the GMAC Meeting 25 October 2018

Resolved Mr D Sherley/Mr K Boyd

That the Minutes of the Centroc GMAC Meeting 25 October held in Orange be noted.

4b Confirmation of the Minutes of the Board Meeting 23 August 2018 at Parliament House Canberra

Resolved Mr G Wallace/Cr D Somervaille

That the Minutes of the Centroc Board Meeting 23 August 2018 held at Parliament House be confirmed and write to Lt. K Gillespie, Mr Don Murray and the Taskforce Team thanking them for their efforts.

4c Noting of the Minutes of the Centroc Executive Meeting 25 October 2018 at Orange

Resolved Cr R Kidd/Mr D Sherley

That the Minutes of the Centroc Executive Meeting 25 October 2018 held at Orange be noted.

5 Business Arising from the Minutes – Matters in Progress

Resolved Mr D Sherley/Mr S Harding

That the Board note the Matters in Progress, making deletions as suggested.

6 Correspondence

6a Correspondence In

Resolved Mr K Boyd/Mr P Devery

That the Board note the incoming correspondence.

6b Correspondence Out

Resolved Mr D Sherley/Mr S Harding

That the Board note the outgoing correspondence.

7 Reports

7a Transport Infrastructure including Bells Line of Road

Resolved Mr K Boyd/Mr D Sherley

That the Board note the Transport Infrastructure Report; and

1. endorse that with regard to a safe swift link between Sydney and Central NSW, the Executive have sought to have access to any final report under development by Taskforce led by Lt Gen Ken Gillespie and;

a. seek meetings through State representatives, especially Deputy Premier, The Hon John Barilaro;

b. a report be provided to the Joint Organisation Board on ‘game changer’ projects for the $4.2 (Snowy Hydro Fund) billion in line with advice provided by the Hon J Barilaro to media 24 October; and

c. Through the Chair engage with Regional Strategic Alliance (Western Sydney) on the connection between Sydney and Central NSW; and

2. note that a submission to the Sydney Airport Masterplan has been lodged in line with existing policy on retaining regional slots.

7b Water Infrastructure Report

Resolved Cr D Somervaille/Mr K Boyd

That the Board note the Water Infrastructure Report; and

1. Write to Mr Jeremy Voss advising that the raising of the Wyangala Dam wall is a regional priority with advocacy underway seeking election commitment;

2. Note that the Executive has committed $7,500 towards a scoping study for the Lithgow to Kings Plain Pipeline and that Cr B West be the Central NSW JO Representative on the steering committee for the Lithgow to Kings Plains Pipeline project.

3. Note that the Executive has approved a submission to the Public consultation on the draft Water Resource Plan and draft Water Sharing Plan for Lachlan Surface Water 2019 to be developed in due course; and

4. Note the meeting with Mr Ashley Albury, DPC to progress the development of an MoU or other document to formalise expectations between NSW Health and the CWUA (on behalf of its members) for Drinking Water Incidents.

7c Health Report

Resolved Cr J Medcalf/Mr D Sherley

That the Board note the Health report and seek a briefing from Orange City Council on its proposed Special Activation Precinct.

7d Regional Development

Resolved Cr B West/Mr K Boyd

That the Board note the Regional Development Report; and

1. Encourage engagement in the Central West Food and Fibre Strategy; and

2. include in its Orange meeting in February 2019 a visit to the Global Agricultural Technology Ecosystem including a presentation on outcomes from the pitchfest in Sydney in September 2018.

7e Planning Report

Resolved Cr R Kidd/Mr D Sherley

That the Board note the Planning Report and endorse the submission made to the Draft Regional Urban Design Guidelines that is broadly supportive of the document though seeks changes to the Central West and Orana snapshot in line with existing Centroc policy.

7f Tourism Report

Resolved Ms R Ryan/Cr B West

That the Board note the Tourism Report; and

1. note the Building Better Regions Application is being recast to include a leadership component building capacity and collaboration at the Board level in growing the visitor economy including navigating the challenges of drought with the final application approved under the hand of the Chair;

2. commend to members they engage in the campaign under development leveraging public art; and

3. note that a letter of congratulations is being sent to Ms Lucy White on her appointment as General Manager of Destination Network Country and Outback

7g Operational Report

Resolved Mr D Sherley/Mr P Devery

That the Board note the Operational Report; and

1. Councils receive a proforma report to Council recommending in-principle support be provided to the Southern Lights Project with the following heads of consideration – project benefits including being part of an aggregated approach, advice on individual Council business cases and funding opportunities;

2. Councils give consideration to being included in the PPA component of the next procurement process for electricity; and

3. Councils receive advice in their Mayoral Board Report on current opportunities in energy programming including a group procure power factor correction and variable speed drives, a group procure of solar and/or battery storage, and a grant application for solar carparks including virtual net metering and electric vehicle charging stations, and request Council’s support in progressing these.

7h Financial report

Resolved Mr K Boyd/Mr D Sherley

That the Board note the Financial Report.

8 Late Reports

Verbal advice was provided by Ms J Bennett

1. Agreeing to circulate advice from the Federal Government on drought and that a report would come to the next meeting regarding a report by Western Research Institute making recommendations on potential Local Government activity.

2. Noting feedback from the room of the Board’s preference for a meeting with Mr Peter Primrose, and other members of the opposition.

9 Matters raised by members

Feedback was that the waste to energy initiative being progressed through Country Mayors should be considered through individual Councils.

10 Speakers to the next meeting

The follow-up workshop for the strategy

11 Next Meetings

31 January 2019 – GMAC

TBA – Executive

28 February 2019 –Board

28 February 2019 – CNSWJO Board

The General Meeting of the Board closed at 3.14 pm

Page 4 is the last page of the Centroc Board Minutes 22 November 2018

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 4 December 2018

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor (7.20pm), Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate Governance, Manager Corporate and Community Relations, Manager Building and Environment, Manager Development Assessments, Administration Trainee

1.1 APOLOGIES

Nil

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 J McRae declared a less than significant non-pecuniary interest in item 5.1 (NSW Regional Technology Expo 2019) of the Council Meeting as she is a member of Rotary.

Cr J Hamling declared a less than significant non-pecuniary interest in item 2.6 of Planning and Development Committee (DA 136/2018(1) - 100 Bathurst Road) as he is on the Board of Ronald McDonald House.

Cr R Kidd declared a less than significant non-pecuniary interest in item 6.1 (Expression of Interest – New Animal Shelter) of the Council Meeting as he is neighbours with someone from the dog shelter.

Cr S Nugent declared a less than significant non-pecuniary interest in item 3.1 (Recreational Use of Gosling Creek) as he is a Committee member of Goldseekers Orienteering who are a user of Gosling Creek and that area.

LATE ITEMS

RESOLVED - 18/537 Cr K Duffy/Cr S Nugent

That the following late items be dealt with at the meeting of Orange City Council held on 4 December 2018:

Item 2.1 – Mayoral Minute – Ophir Carpark Fees over the 2018 Christmas Period

Item 4.2 – Notice of Motion – Level 3 Water Restrictions

2 Mayoral Minutes

2.1 Ophir Carpark Fees over the 2018 Christmas Period

TRIM Reference: 2018/3009

RESOLVED - 18/538 Cr K Duffy/Cr S Nugent

That Council resolves to waive the parking fees of the Ophir Carpark for the period 5 December 2018 to 2 January 2019.

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

OPEN FORUM

Item 2.6 – PDC – DA 136/2018(1) – 100 Bathurst Road

Rachel McNeil

Ms McNeil spoke in favour of the Development Application.

Item 4.2 – CCL - Notice of Motion – Level 3 Water Restrictions

Mr Cyril Smith

Mr Smith spoke on the proposed water restrictions.

Police Numbers

Mr Adam Pifarelli spoke in support of increasing police numbers for Orange.

Item 2.9 – PDC – DA 329/2018(1) – 269-279 Summer Street (Robertson Park)

James Prosser-Fenn

Mr Prosser-Fenn spoke against the Development Application.

Harry Fardell

Mr Fardell spoke against the Development Application.

Bernard Charles Perkins

Mr Perkins spoke against the Development Application.

Stewart Church

Mr Church spoke against the Development Application.

Ryan Stewart

Mr Stewart spoke against the Development Application.

Item 3.1 – Recreational Use of Gosling Creek, Spring Creek and Suma Park Dams

Brad Simmons

Mr Simmons spoke against the Development Application.

Nicholas King

Mr King spoke against the Development Application.

Dr Cilla Kinross

Dr Kinross spoke against the Development Application.

Greg Thornton

Mr Thornton spoke against the Development Application.

Luke Brown

Mr Brown spoke for the Development Application.

Michael Lockyer

Mr Lockyer spoke against the Development Application.

Megan Goodwin

Ms Goodwin spoke against the Development Application.

Robert Smith

Mr Smith spoke against the Development Application.

Richard Walker

Mr Walker spoke against the Development Application.

Julie Park

Ms Park spoke against the Development Application.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.40PM

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 18/539 Cr J Whitton/Cr S Romano

That the Minutes of the Ordinary Meeting of Orange City Council held on 20 November 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 20 November 2018.

RESOLVED - 18/540 Cr J Hamling/Cr S Nugent

That the Minutes of the Extraordinary Meeting of Orange City Council held on 27 November 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 27 November 2018.

RESOLVED - 18/541 Cr G Taylor/Cr S Nugent

That Item 3.1 of the Sport and Recreation Policy Committee be moved and dealt with as part of the Council Meeting.

3.1 Recreational use of Gosling Creek, Spring Creek and Suma Park Dams - Report Following Public Exhibition

TRIM Reference: 2018/2649

Cr S Nugent declared a less than significant non-pecuniary interest in this item as he is a Committee member of Goldseeker Orienteering who are a user of Gosling Creek and that area.

MOTION Cr J Whitton/Cr S Nugent

That Council resolves to:

1 Not permit camping at Gosling Creek;

2 Not permit RV parking within established car parks at Gosling Creek;

3 Not permit land or water based activity at Suma Park; and

4 To commence the process to seek approval to permit access to Spring Creek Dam for non-powered and electric boating and fishing but not permit camping.

AMENDMENT Cr S Romano/Cr M Previtera

1 That Council permit camping on the northern side of Gosling Creek within a designated area the use to be restricted by Orange City Council and not to impede on special events or activities.

2 That Council allow access to Spring Creek Dam for non-motorised and electric boating, fishing but not camping.

3 That Council allow RV parking within established car parks at Gosling Creek.

NOTICE WAS GIVEN OF A FORESHADOWED AMENDMENT BY CR J MCRAE AND WAS SUBSEQUENTLY WITHDRAWN

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST WITH EQUALITY OF VOTING AND ON A CASTING VOTE WAS DEFEATED

AMENDMENT Cr K Duffy/Cr M Previtera

1 That Council permit event camping on the northern side of Gosling Creek within a designated area at times determined by Orange City Council as not to conflict with events or activities.

2 That Council permit event RV parking within established carparks at Gosling Creek at times determined by Orange City Council as not to conflict with events or activities.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 18/542 Cr K Duffy/Cr M Previtera

1 That Council permit event camping on the northern side of Gosling Creek within a designated area at times determined by Orange City Council as not to conflict with events or activities.

2 That Council permit event RV parking within established carparks at Gosling Creek at times determined by Orange City Council as not to conflict with events or activities.

* Crs Whitton, McRae, Mileto and Nugent requested that their names be recorded as having voted against this decision of Council *

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 9.40PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 11.39PM

4 Notices of Motion/Notices of Rescission

4.1 Notice of Motion - Chair Lift Mount Canobolas

TRIM Reference: 2018/2867

RESOLVED - 18/568 Cr S Romano/Cr M Previtera

That Council investigate the possibility of constructing a chair lift, similar to that on the Snowy Mountains, on Mount Canobolas with the view to having a restaurant on top of the Mountain in the future.

* Cr J McRae and Cr S Nugent requested that their names be recorded as having voted against this decision of Council *

4.2 Level 3 Water Restrictions

TRIM Reference: 2018/3037

MOTION Cr G Taylor/Cr R Kidd

That Council defer stage 3 water restrictions until mid-January 2019 at which time the decision again be reviewed.

AMENDMENT Cr J Hamling/Cr S Romano

That Council review its Level 3 restrictions to allow hand held hoses for 1 hour on alternate days.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 18/569 Cr J Hamling/Cr S Romano

That Council review its Level 3 restrictions to allow hand held hoses for 1 hour on alternate days.

5 General Reports

5.1 NSW Regional Technology Expo 2019

TRIM Reference: 2018/2171

Cr J McRae declared a less than significant non-pecuniary interest in this item as a member of Rotary, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 18/570 Cr J Whitton/Cr S Nugent

That Council resolves to:

1 Support the 2019 NSW Regional Technology Expo with events from Tuesday 14 May through to Thursday 16 May;

2 Waive the fees for the hire of the Orange Function Centre under the Donations Policy;

3 Host the Opening Night event and the Night Forum; and

4 Require that all costs are to be met from within Council’s operating and staffing budget.

5.2 Acquisition of Crown Land - Part Lot 7307 DP1163739 for Road Construction

TRIM Reference: 2018/2601

RESOLVED - 18/571 Cr J Hamling/Cr S Munro

That Council resolves:

1 To acquire by compulsory acquisition under sections 177 and 178 of the Roads Act 1993 Lot 90 DP1247702 in Plan of Acquisition (the Land) (being part of Lot 7307 DP1163739) for the purpose of constructing a roundabout at the intersection of Woodward Street and Wentworth Lane, Orange.

2 To make an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 with respect of the Land.

3 To make an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 with respect to the Land.

4 To affix the Common Seal of Council to any documents required to be sealed as part of the compulsory acquisition process for the land in question.

6 To delegate authority to the General Manager to execute on behalf of Council any document associated with the compulsory acquisition process for the land that does not require the Common Seal of Council.

7 To dedicate the land as a public road under Section 10 of the Roads Act 1993 once the acquisition has been completed.

8 In its capacity as Reserve Trust Manager of the Moulder Park Reserve Trust R60513, to consent to the acquisition of Lot 90 in Plan of Acquisition DP1247702 by Council for the purpose of the construction of a roundabout at the intersection of Woodward Street and Wentworth Lane, Orange.

5.3 Lease Part Wilima Walk, Ploughmans Lane

TRIM Reference: 2018/2906

RESOLVED - 18/572 Cr J Hamling/Cr J Whitton

That Council resolves to:

1 Enter into a lease of Lot 400 DP 600872 known as part Wilima Walk to Trinity Pre-School for a term of 5 years with 1 five year option.

2 Grant permission for the use of the Council Seal of any necessary documents.

5.4 Foodie Night Markets application to operate on Council owned/managed land

TRIM Reference: 2018/2981

RESOLVED - 18/573 Cr J Whitton/Cr J Hamling

That Council resolves to:

1 Consider the information provided and approve the event to proceed due to the correlation to Objective 11.2 (outlined above) in the 2018 Community Strategic Plan.

2 Allow any future Event Application of this nature to proceed on the provision that the Operational Policy OP008 – Events on Council Owned/Managed Land is complied with at all times.

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 - 18/574 Cr R Kidd/Cr R Turner

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 Expression of Interest - New Animal Shelter

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 Sale Industrial Land - Lot 804 DP 1240445

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.

6.3 Tender OC FutureCity Planning and Development Framework

6.4 Tender for Construction of Southern Feeder Road Stage 2 and Railway Overbridge - F2811

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 12.14AM.

The Mayor declared the Ordinary Meeting of Council resumed at 12.16AM.

7 Resolutions from Closed Meeting

The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.

6.1 Expression of Interest - New Animal Shelter

TRIM Reference: 2018/2980

RESOLVED - 18/575 Cr S Nugent/Cr J Hamling

That the Council resolves:

1 To not award Expression of Interest F2502 for the provision and operation of a New Animal Shelter.

2 To commence a Tender process for the design and construction of a Council owned and operated Animal Shelter.

6.2 Sale Industrial Land - Lot 804 DP 1240445

TRIM Reference: 2018/2814

RESOLVED - 18/576 Cr R Turner/Cr S Munro

That Council resolves to:

1 Proceed with the transfer of Lot 804 DP 1240445 known as 36 Astill Drive Orange from the Land Development Fund to the Asset Management Portfolio for Development.

2 Grant permission for the use of the Council Seal on any relevant document if required.

6.3 Tender OC FutureCity Planning and Development Framework

TRIM Reference: 2018/2907

RESOLVED - 18/577 Cr S Munro/Cr S Nugent

That Council resolves to:

1 Award the contract for the development of a Planning and Development Framework to SJB Architecture (NSW) Pty Ltd for the amount of $317,414 exclusive of GST.

2 Grant permission to affix the Council Seal to all relevant documents.

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

6.4 Tender for Construction of Southern Feeder Road Stage 2 and Railway Overbridge - F2811

TRIM Reference: 2018/2959

RESOLVED - 18/578 Cr J Hamling/Cr S Munro

That Council resolves:

1 That subject to:

a the successful execution of the deeds for Fixing Country Roads Rounds 2.5 and 3 and the Heavy Vehicle Safety and Productivity Round 6, and;

b the General Manager finalising contract conditions with Haslin Construction Pty Ltd, within the limits set in the body of this report, that;

Council accept the tender offered by Haslin Constructions Pty Ltd for the Construction of the Southern Feeder Road Stage 2 and Railway over Bridge Tender F2811, with the inclusion of a strengthened pavement for the Lump Sum contract price of $14,610,131.22, exclusive of GST.

2 That the Common Seal of Council be authorised for use on documents associated with this tender.

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

The Meeting Closed at 12.16AM

This is Page Number 31 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 4 December 2018.

Council Meeting 18 December 2018

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM REFERENCE: 2018/3067

AUTHOR: Samantha Freeman, Manager Corporate Governance

EXECUTIVE SUMMARY

Council’s Policy Committees (Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee) have delegation to determine matters before those Committees, with the exception of items that impact on Council’s Delivery/Operational Plan.

This report provides minutes of the Policy Committees held since the last meeting. Resolutions made by the Committees are for noting, and Recommendations are presented for adoption or amendment by Council.

In the past, resolutions have referred to specific Items in the Minutes of the respective committees and Councillors were required to search the Minutes for those matters that required Council approval. To make it easier for Councillors, the relevant Items requiring Council approval have been extracted and set out in this cover sheet below. Councillors can still review the Minutes of the meeting in the attachments. Further work will be done to draw attention of Councillors to the specific matters that require the approval of Council.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves to adopt the following resolutions of Policy Committees from the meetings of 4 December 2018:

1 PLANNING AND DEVELOPMENT Committee

1 Council resolves to approve the Planning and Development Committee minutes held on 4 December 2018.

2 Council resolves to approve the following recommendations of the Planning and Development Committee meeting held on 4 December 2018:

2.9 Development Application DA 329/2018(1) - 269-279 Summer Street (Robertson Park)

That Council consents to development application DA 329/2018(1) for Recreation Area - Amenities Block and Demolition (tree removal) at Lot 702 DP 1002273 - 269-279 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

2.3 Enforcement Policy

That Council resolves to adopt the attached Enforcement Policy.

2.4 Orange Local Environmental Plan 2011 - Planning Proposal for an Administrative Amendment

That Council resolves:

1 To endorse the attached scope of the next administrative housekeeping amendment to Orange Local Environmental Plan 2011.

2 That staff prepare a formal Planning Proposal in accordance with the attached scope.

3 To send the Planning Proposal to the NSW Department of Planning and Environment seeking a Gateway Determination.

4 That staff proceed to address any conditions or requirements of the Gateway Determination and then place the draft Planning Proposal on public exhibition for 28 days (or as required by the Gateway Determination).

2.6 Development Application DA 136/2018(1) - 100 Bathurst Road

That Council resolves to consent to development application DA 136/2018(1) for Take Away Food and Drink Premises, Restaurant or Cafe, Demolition (existing building and tree removal) and Business Identification Signage at Lot 4 DP 778409 - 100 Bathurst Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

2.7 Development Application DA 313/2018(1) - 26 Prince Street

That Council resolves to consent to development application DA 313/2018(1) for Demolition (existing dwelling, ancillary structures and vegetation), Subdivision (two lot residential) and Dwelling Houses (construction of two new dwelling houses) at Lot 1 Sec 33 DP 155632 – 26 Prince Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

2.8 Development Application DA 349/2018(1) - 59-67 and 99 Bathurst Road

That Council resolves to consent to development application DA 349/2018(1) for Demolition (tree removal) at Lot 40 DP 810916 and Lot 30 DP 1190518 - 99 Bathurst Road and 59‑67 Bathurst Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

2.10 Development Application DA 348/2018(1) - 5 Hanrahan Place

That Council resolves to consent to development application DA 348/2018(1) for Highway Service Centre and Business Identification Signage at Lot 85 DP 1167633 - 5 Hanrahan Place, Orange pursuant to the conditions of consent in the attached Notice of Approval.

2 EMPLOYMENT AND ECONOMIC DEVELOPMENT Policy Committee

1 Council resolves to approve the Employment and Economic Development Policy Committee minutes held on 4 December 2018.

2 Council resolves to approve the following recommendations of the Employment and Economic Development Policy Committee meeting held on 4 December 2018:

2.1 Minutes of the Sister Cities Community Committee - 7 November 2018

That Council resolves:

1 To acknowledge the reports presented to the Sister Cities Community Committee at its meeting held on 7 November 2018.

2 The recommendations and updated action plan from the minutes of the Sister Cities Community Committee meeting of 7 November 2018 being:

4.1 That the Action List for the Sister Cities Community Committee be reviewed and updated with the following actions :

1 Bring costings for a ‘Welcome’ banner, a Japanese flag and suggestions to improve the council welcome events for visiting exchanges students.

2 That proceeds from the PNG Earthquake Appeal be directed to the local school at Mt Hagen by way of the local council, and investigate if proceeds could be delivered during a visit by planning staff.

3 That information about the next national Sister Cities Association conference be circulated to Sister Cities committee members.

4 That the section of the Community Strategic Plan that outlines the work of the Sister Cities committee be circulated to committee members

5 That a letter of congratulation be sent to the incoming Mayor of the City of Orange, California once the results of the November 6 election are known.

6 That Christmas greetings be sent to the council leadership of each of the sister cities.

7 That a prospective date for the next meeting on a Wednesday in February at 5.3pm be circulated to committee members.

3 To adopt the remainder of the minutes of the Sister Cities Community Committee at its meeting held on 7 November 2018.

3 Infrastructure Policy Committee

1 Council resolves to approve the Infrastructure Policy Committee minutes held on 4 December 2018.

2 Council resolves to approve the following recommendations of the Infrastructure Policy Committee meeting held on 4 December 2018:

2.1 MINUTES OF THE FLOODPLAIN RISK MANAGEMENT COMMUNITY COMMITTEE MEETING - 5 NOVEMBER 2018

That Council resolves to adopt the minutes of the Floodplain Risk Management Community Committee meeting of 5 November 2018.

2.2 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE MEETING – 13 NOVEMBER 2018

That Council resolves:

1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 13 November 2018.

2 Recommendations 3.1 to 3.4 from the minutes of the City of Orange Traffic Committee meeting of 13 November 2018 being:

3.1 That Council amends the bus zone in Bletchington Street outside the MET School as per Annexure A and notifies the school that the driveway gates must be locked during the bus zone times, with confirmation in writing to this effect being received from the school.

3.2 That Council installs No Stopping signs on the southern side of the Northern Distributor Road, between existing No Stopping west of Telopea Way and 93 Northern Distributor Road as per the supporting information.

3.3 That Council approves the line marking and signage at the intersection of Matthews Avenue and Anson Street as per the plans attached to this report.

3.4 That Council approves the Newcrest Orange Challenge event on 31 March 2019 subject to the attached conditions.

3 To adopt the remainder of the minutes of the City of Orange Traffic Committee meeting of 13 November 2018.

4 Sport and Recreational Policy Committee

1 Council resolves to approve the Sport and Recreational Policy Committee minutes held on 4 December 2018.

2 Council resolves to approve the following recommendations of the Sport and Recreation Policy Committee meeting held on 4 December 2018:

2.1 Minutes of the Australia Day Community Committee Meeting – 14 November 2018

Council resolves to adopt the minutes of the Australia Day Community Committee meeting held on 14 November 2018.

2.2 Minutes of the Sport and Recreation Community Committee meeting held on 29 October 2018

That Council resolves:

1 To acknowledge the reports presented to the Sport and Recreation Community Committee at its meeting held on 29 October 2018.

2 To adopt recommendations 3.2, 3.3, 3.4 from the minutes of the Sport and Recreation Community Committee meeting of 29 October 2018 being:

3.2 That Council send a letter to the NSW Minister of Sport expressing disappointment in missing out on funding through the Regional Sporting Infrastructure Fund.

3.3 That the Hon. Rick Colless be invited to the next meeting of the Sport and Recreation Community Committee to provide him with an overview of the Committee’s priority sport and active recreation projects and seek support and assistance in securing funding for the projects.

3.4 That the future of the Anzac Park BMX Track be added to the Sport and Recreation Community Committee Action Plan for further discussion.

3 To adopt the remainder of the minutes of the Sport and Recreation Community Committee at its meeting held on 29 October 2018.

3.2 Orange Sporting Precinct

The Council resolves:

1 To note the findings of the report.

2 That a schematic design incorporating current and future requirements for the NDR site be developed to a standard to enable costing be completed.

5 Environmental Sustainability Policy Committee

Council resolves to approve Environmental Sustainability Committee minutes held on 4 December 2018.

6 Finance Policy Committee

1 Council resolves to approve Finance Policy Committee minutes held on 4 December 2018.

2 Council resolves to approve the following recommendations of the Finance Policy Committee meeting held on 4 December 2018:

2.1 Requests for Financial Assistance

The Council resolves:

1 That a donation of $500.00 be made from the Sports Participation Program to Philippa Mannix for attending the School Sport Association (SSA) All Australian Hockey Team European Tour as part of the SSA All Australian Hockey Team.

7 SERVICES POLICY COMMITTEE

1 Council resolves to approve Services Policy Committee minutes held on 4 December 2018.

2 Council resolves to approve the following recommendations of the Services Policy Committee meeting held on 4 December 2018:

2.1 Minutes of the NAIDOC Week Community Committee Meeting – 22 October 2018

1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting of 22 October 2018.

2 That the remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 22 October 2018 be adopted.

2.2 Minutes of the Lucknow Community Committee Meeting – 1 November 2018

That Council resolves:

1 To acknowledge the reports presented to the Lucknow Community Committee at its meeting held on 1 November 2018.

2 Recommendations 3.2 from the minutes of the Lucknow Community Committee meeting of 1 November 2018 being:

1 That the Lucknow Community Committee Action Plan be reviewed and updated.

2 That the remediation of the northern side bus stop progress with the laying of hotmix.

3 That the installation of solar lighting in bus stops progress.

4 That the beautification between Two Fat Ladies and Wentworth Mine be placed on the Action Plan.

3 To adopt the remainder of the minutes of the Lucknow Community Committee at its meeting held on 1 November 2018.

2.3 Minutes of the Spring Hill Community Committee Meeting – 15 November 2018

That Council resolves:

1 To acknowledge the reports presented to the Spring Hill Community Committee at its meeting held on 15 November 2018.

2 Recommendations 3.2 and 4.1 from the minutes of the Spring Hill Community Committee meeting of 15 November 2018 being:

3.2 Illegal Parking in Park

That correspondence be forwarded to Live Better, expressing concerns regarding illegal parking of company vehicles in Alf Read Park.

4.1 Spring Hill Community Committee Action Plan and Priority Works

1 That the Spring Hill Community Acton Plan be reviewed and updated.

2 That the item of investigating the addition of plaques and interment of ashes at the cemetery be added to the Action Plan.

3 To adopt the remainder of the minutes of the Spring Hill Community Committee at its meeting held on 15 November 2018.

3.1 Additional Policing Numbers - Central West Police District

That Council resolves to support the addition of sworn officers to the existing approved positions of the Orange Command in the Central West Police District of:

1 14 sworn officers;

2 1 dog unit;

3 Establishment of a Regional Enforcement Squad located in Orange; and

4 Orange Command be one the first command to receive additional police within NSW.

Matter Arising from minutes of Centenary of World War I Community Committee Final Report

That thanks be given to all members, past and present, involved in the Centenary of World War I Community Committee.

8 That the remainder of the minutes of the Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee be noted.

further considerations

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

SUPPORTING INFORMATION

Planning and Development Committee

At the Planning and Development Committee meeting held on 4 December 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Infrastructure Policy Committee

At the Infrastructure Policy Committee meeting held on 4 December 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Sport and Recreation Policy Committee

At the Sport and Recreation Policy Committee meeting held on 4 December 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Environmental Sustainability Policy Committee

At the Environmental Sustainability Policy Committee meeting held on 4 December 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Finance Policy Committee

At the Finance Policy Committee meeting held on 4 December 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Services Policy Committee

At the Services Policy Committee meeting held on 4 December 2018, all resolutions were made under delegation, and the minutes are presented for noting.

Attachments

1 PDC 4 December 2018 Minutes, 2018/3047 ⇩

2 EEDPC 4 December 2018 Minutes, 2018/3048 ⇩

3 IPC 4 December 2018 Minutes, 2018/3049 ⇩

4 SRPC 4 December 2018 Minutes, 2018/3050 ⇩

5 ESPC 4 December 2018 Minutes, 2018/3051 ⇩

6 FPC 4 December 2018 Minutes, 2018/3052 ⇩

7 SPC 4 December 2018 Minutes, 2018/3053 ⇩

Council Meeting 18 December 2018

5.2 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions.

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

REGISTER – QUESTIONS ON NOTICE & MATTERS ARISING

As at 11 December 2018

Status

Complete

Pending

Overdue

Date of Meeting	Meeting	QUESTIONS ON NOTICE/MATTERS ARISING	Action Taken/Comment	STATUS
4 Dec 2018	IPC	QUESTION TAKEN ON NOTICE Cr Romano requested Council utilise all available modes of communication to keep residents informed of water restrictions and provide explanations as to what it means for residents.	Council will continue to engage with the community concerning water restrictions over the coming months. So far, Council has issued two media releases regarding water restrictions and there are three news items on its website. Details of water restriction regulations may also be found on its website, including current storage levels. Council has used social media extensively to promote level three restrictions, as well as engage the community in ways to conserve water. Council staff will continue to promote level three restrictions and water savings techniques.
4 Dec 2018	IPC	QUESTION TAKEN ON NOTICE Cr Duffy sought information as to when upgrades to the footpaths near the PCYC on Byng Street were proposed.	Information to be provided to Councillors.
4 Dec 2018	IPC	QUESTION TAKEN ON NOTICE Cr Nugent sought for information to be circulated as to the type of light bulbs used on the Forest Road lights.	Information to be provided to Councillors.
4 Dec 2018	SPC	RESOLVED - 18/567 Cr S Nugent/Cr K Duffy That thanks be given to all members, past and present, involved in the Centenary of World War I Community Committee.	Letters forwarded to all involved in the event.
27 Nov 2018	Extraordinary CCL	QUESTION TAKEN ON NOTICE Cr Romano requested information on the recent break in at Orange Airport be distributed to Councillors, including information on security at the site during that time.	Information emailed to Councillors 4 December 2018
20 Nov 2018	CCL	QUESTION TAKEN ON NOTICE Cr Hamling requested the community be kept informed on proposed water restrictions.	Response supplied in 4 December action taken above.
20 Nov 2018	CCL	QUESTION TAKEN ON NOTICE Cr Nugent requested Council implement processes to measure the impact, outcomes, results that arise as a result of Evocities and people moving to Orange.	Data requested is already captured by Evocities and given to each participating Council. This information to be reported through the EDCC.
20 Nov 2018	CCL	QUESTION TAKEN ON NOTICE Cr Kidd requested staff circulate some information as to what was happening with the Lachlan Valley Railway.	Information to be provided.
7 Nov 2018	CCL	Cr Turner requested a report on the Canobolas Scout Camp facility and how Council can upgrade the facility – CCTV cameras and inspections.	Investigations underway. Information to be circulated to Councillors.
7 Nov 2018	IPC	Cr Duffy requested that a report be provided on the current state of water hydrants.	Investigations underway. Information to be circulated to Councillors.
7 Nov 2018	IPC	Cr Duffy asked if the General Manager could provide a list of funding support Bathurst and Dubbo have received over the past few years.	Information emailed to Councillors 15 November 2018.
7 Nov 2018	IPC	Cr Munro asked if Council can implement a program to clean up the Northern Distributor Road.	Investigations underway. Information to be circulated to Councillors.
7 Nov 2018	IPC	Cr Romano requested that an investigation is undertaken in the road verge of the Northern Distributor Road as he advised that currently deep culverts on the roadside could cause vehicles that pull over to tip into the ditches beside them.	Investigations underway. Information to be circulated to Councillors.
7 Nov 2018	SRPC	Cr Munro suggested communications be forwarded to the local schools advising of the proposed archery facility and seek interest for them to utilise archery as part of school sport.	Letters forwarded to schools seeking interest.
7 Nov 2018	SRPC	Cr Munro asked if Council could receive a report on the steps being undertaken to protect lesser known Aboriginal artefacts at Mt Canobolas.	Report to be provided to Council.
7 Nov 2018	ESPC	Cr Taylor advised that the Netwaste advertisement depicts pizza boxes being put in the green bin and sought clarification as to whether they were permitted in the green bin.	Information to be circulate to Councillors.
7 Nov 2018	ESPC	Cr Munro raised the matter of a lack of trees and greenery in North Orange and requested information as to whether Council can require the shopping centre replant trees and install tree guards.	Investigations underway. Information to be circulated to Councillors.
17 OCT 2018	Extraordinary PDC	Cr Munro asked about the development at Shiralee and if there are any building approvals for housing. It was advised that no 400m2 blocks had been sold. Cr Taylor also asked if 400m2 blocks aren’t selling, can we increase the size. A report to be provided back to Council on this matter.	Investigations underway. Information to be circulated to Councillors.
16 OCT 2018	CCL	Council requested that the Spring Hill Community Committee be advised about the decommissioning of the Spring Hill Sewerage Treatment Plant.	This information will be provided to the Spring Hill Community Committee at its next meeting to be held in February 2019.
16 OCT 2018	CCL	Cr Duffy requested Council liaise with Cabonne Council and advise the Spring Hill Community Committee in relation to the plans for roads travelling from the Village to Orange and Cadia Mine.	Information will be provided to the Spring Hill Community Committee at its next meeting to be held in February 2019.
16 OCT 2018	CCL	Cr Nugent requested an update on the status of information still to be provided in regards to a Question Taken on Notice from the Extraordinary Council Meeting of 27 March 2018 in relation to Astill Drive.	Investigations underway. Information to be circulated to Councillors.
16 OCT 2018	CCL	Cr Duffy requested that the information on using a data analytics system to measure performance of the road network from a Question on Notice from the Council Meeting of 7 December 2017 could be provided to Councillors before they are required to attend the Roads Conference next month.	Report to be presented to Council Meeting in December 2018.
2 OCT 2018	IPC	Cr Turner requested a report on what can be done to upgrade or reclaim the land currently occupied by the BMX track	Report to be provided to Council Meeting December 2018. Actions will in a large part be influenced by advice from the BMX club.
2 OCT 2018	IPC	Cr Previtera requested information be provided on when more permanent barriers will be replacing the temporary ones near Ploughmans Lane	Investigations underway. Information to be circulated to Councillors.
4 Sept 2018	IPC	Councillor Taylor requested a report to update Council on what was happening with the Earth Sanctuary.	Report to go to February Environmental Sustainability Policy Committee.
4 Sept 2018	SRPC	Cr Hamling asked whether we could follow up letter regarding compulsory swimming safety lessons for kindergarten students.	Follow up letters sent to Minister regarding swim safety on 7 September 2018. Ministerial correspondence provided to Mr Donato Friday 7 September 2018.
4 Sept 2018	FPC	Cr Hamling requested that schools be strongly encouraged to attend information sessions of Ice – Not Once Not Ever if held again for High Schools of Orange regarding the drug Ice.	Letters to be sent to all high schools of Orange encouraging participation at future information sessions. 2018 Information Session conducted on 3rd and 4th September. Next session scheduled for 2020. Schools will be contacted in the lead up to the event to encourage participation.
21 Aug 2018	CCL	Cr Taylor requested additional detail regarding the Councillor Legal Briefing to include a breakdown of the Council’s costs associated with the briefing including staff costs and any expenses incurred by the service providers (such as travel and accommodation) paid by the Council.	Information circulated to Councillors on 28 November 2018.
7 August 2018	ESPC	Cr Munro requested a report regarding monitoring and trapping of cats and any plans in place to manage this be provided to Council.	Information to be circulated to Councillors.
7 August 2018	EEDPC	Cr Hamling requested information be provided regarding the QANTAS enquiry into the future infrastructure capacity of Orange airport and any reasons why they would require this information	Information provided.
7 August 2018	CCL	Cr Whitton requested a policy be developed on Cyber Security.	The Office of Corporate Governance is undertaking review of policy development in this financial year, including identifying gaps in Council’s policy framework. Cybersecurity has been identified as a key gap following an external review. A policy will be developed as part of the review program.
7 August 2018	CCL	Cr Kidd requested policy information regarding the use of Social Media.	Information to be provided. A Social Media Policy has been identified as a gap as part of the review of policies and will be developed as part of the schedule.
3 July 2018	ESPC	Cr Duffy requested a report be provided regarding solar and LED street lighting including costings and maintenance considerations.	Report to be provided. Gathering information and exploring funding sources.
15 May 2018	CCL	Cr Taylor requested that an investigation take place regarding the dumping of building waste material on Dane Lane behind Jack Brabham Park.	Investigations underway. Information to be circulated to Councillors.
17 Apr 2018	CCL	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.	Investigations underway in consultation with Council’s legal advisors
27 March 2018	Extraordinary CCL	Cr Mileto requested information on whether the current operations of this business will be concluded once the development at Astill Drive is completed.	Investigations underway. Information to be circulated to Councillors.
20 March 2018	CCL	Cr Nugent requested information on the requirement to provide accessible parking spaces for hotel/motel accommodation or restaurants.	Investigations underway. Information to be circulated to Councillors.
7 Dec 2017	CCL	Cr Duffy requested a report on the feasibility of using a data analytics system to measure performance of the road network to support Council’s applications for grant funding.	System to be reviewed.
17 Oct 2017	CCL	Cr Munro requested a report be prepared on whether the Pay It Forward facility in Peisley Street could be used as a domestic violence crisis centre.	Information provided to Councillors.

REGISTER – RESOLUTIONS & NOTICES OF MOTION

12 November 2018

Date of Meeting	Meeting	Resolution	Action Taken/Comment	STATUS
4 Dec 2018	CCL	2.1 OPHIR CARPARK FEES OVER THE 2018 CHRISTMAS PERIOD TRIM REFERENCE: 2018/3009 RESOLVED - 18/538 Cr K Duffy/Cr S Nugent That Council resolves to waive the parking fees of the Ophir Carpark for the period 5 December 2018 to 2 January 2019.	Parking fees for the Ophir Carpark will be waived for the period 5 December 2018 to 2 January 2019.
4 Dec 2018	CCL	3.1 RECREATIONAL USE OF GOSLING CREEK, SPRING CREEK AND SUMA PARK DAMS - REPORT FOLLOWING PUBLIC EXHIBITION TRIM REFERENCE: 2018/2649 RESOLVED - 18/542 Cr K Duffy/Cr M Previtera 1 That Council permit event camping on the northern side of Gosling Creek within a designated area at times determined by Orange City Council as not to conflict with events or activities. 2 That Council permit event RV parking within established carparks at Gosling Creek at times determined by Orange City Council as not to conflict with events or activities.	To give effect to the resolution, Council will be required to amend the Gosling Creek Plan of Management. To do so will require the amended Plan of Management be exhibited for 28 days and reported back to Council for consideration.
4 Dec 2018	CCL	4.1 NOTICE OF MOTION - CHAIR LIFT MOUNT CANOBOLAS TRIM REFERENCE: 2018/2867 RESOLVED - 18/568 Cr S Romano/Cr M Previtera That Council investigate the possibility of constructing a chair lift, similar to that on the Snowy Mountains, on Mount Canobolas with the view to having a restaurant on top of the Mountain in the future.	The proposal has been incorporated into the Budget Workshop for Councillor prioritisation and possible Budget funding.
4 Dec 2018	CCL	4.2 LEVEL 3 WATER RESTRICTIONS TRIM REFERENCE: 2018/3037 RESOLVED - 18/569 Cr J Hamling/Cr S Romano That Council review its Level 3 restrictions to allow hand held hoses for 1 hour on alternate days.
4 Dec 2018	CCL	5.1 NSW REGIONAL TECHNOLOGY EXPO 2019 TRIM REFERENCE: 2018/2171 RESOLVED - 18/570 Cr J Whitton/Cr S Nugent That Council resolves to: 1 Support the 2019 NSW Regional Technology Expo with events from Tuesday 14 May through to Thursday 16 May; 2 Waive the fees for the hire of the Orange Function Centre under the Donations Policy; 3 Host the Opening Night event and the Night Forum; and 4 Require that all costs are to be met from within Council’s operating and staffing budget.	Rotary Club notified of Councils resolution on 11.12.18. Venue booked. Item placed into 2019 diary of Manager Business Development to action.
4 Dec 2018	CCL	5.2 ACQUISITION OF CROWN LAND - PART LOT 7307 DP1163739 FOR ROAD CONSTRUCTION TRIM REFERENCE: 2018/2601 RESOLVED - 18/571 Cr J Hamling/Cr S Munro That Council resolves: 1 To acquire by compulsory acquisition under sections 177 and 178 of the Roads Act 1993 Lot 90 DP1247702 in Plan of Acquisition (the Land) (being part of Lot 7307 DP1163739) for the purpose of constructing a roundabout at the intersection of Woodward Street and Wentworth Lane, Orange. 2 To make an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 with respect of the Land. 3 To make an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 with respect to the Land. 4 To affix the Common Seal of Council to any documents required to be sealed as part of the compulsory acquisition process for the land in question. 6 To delegate authority to the General Manager to execute on behalf of Council any document associated with the compulsory acquisition process for the land that does not require the Common Seal of Council. 7 To dedicate the land as a public road under Section 10 of the Roads Act 1993 once the acquisition has been completed. 8 In its capacity as Reserve Trust Manager of the Moulder Park Reserve Trust R60513, to consent to the acquisition of Lot 90 in Plan of Acquisition DP1247702 by Council for the purpose of the construction of a roundabout at the intersection of Woodward Street and Wentworth Lane, Orange.	Council's lawyers have been formally instructed to undertake all legal processes in connection with the compulsory acquisition including preparation of a Proposed Acquisition Notice, application to Minister for Local Government for the issue of a Proposed Acquisition Notice and application to the Governor for the publication of a Proposed Acquisition Notice.
4 Dec 2018	CCL	5.3 LEASE PART WILIMA WALK, PLOUGHMANS LANE TRIM REFERENCE: 2018/2906 RESOLVED - 18/572 Cr J Hamling/Cr J Whitton That Council resolves to: 1 Enter into a lease of Lot 400 DP 600872 known as part Wilima Walk to Trinity Pre-School for a term of 5 years with 1 five year option. 2 Grant permission for the use of the Council Seal of any necessary documents.	Proposal is being advertised on 13 December 2018 and submissions close on 10 January 2019.
4 Dec 2018	CCL	5.4 FOODIE NIGHT MARKETS APPLICATION TO OPERATE ON COUNCIL OWNED/MANAGED LAND TRIM REFERENCE: 2018/2981 RESOLVED - 18/573 Cr J Whitton/Cr J Hamling That Council resolves to: 1 Consider the information provided and approve the event to proceed due to the correlation to Objective 11.2 (outlined above) in the 2018 Community Strategic Plan. 2 Allow any future Event Application of this nature to proceed on the provision that the Operational Policy OP008 – Events on Council Owned/Managed Land is complied with at all times.	The application will be considered as per Operational Policy – Events on Council Owned Land/Managed Land.
4 Dec 2018	CCL	6.1 EXPRESSION OF INTEREST - NEW ANIMAL SHELTER TRIM REFERENCE: 2018/2980 RESOLVED - 18/575 Cr S Nugent/Cr J Hamling That the Council resolves: 1 To not award Expression of Interest F2502 for the provision and operation of a New Animal Shelter. 2 To commence a Tender process for the design and construction of a Council owned and operated Animal Shelter.	1. Contractor notified of decision not to progress with Expression of Interest. 2. Contractor for design of animal shelter has been engaged.
4 Dec 2018	CCL	6.2 SALE INDUSTRIAL LAND - LOT 804 DP 1240445 TRIM REFERENCE: 2018/2814 RESOLVED - 18/576 Cr R Turner/Cr S Munro That Council resolves to: 1 Proceed with the transfer of Lot 804 DP 1240445 known as 36 Astill Drive Orange from the Land Development Fund to the Asset Management Portfolio for Development. 2 Grant permission for the use of the Council Seal on any relevant document if required.	The land has been transferred in the Asset System from “Real estate for Sale” to “Operational Land”.
4 Dec 2018	CCL	6.3 TENDER OC FUTURECITY PLANNING AND DEVELOPMENT FRAMEWORK TRIM REFERENCE: 2018/2907 RESOLVED - 18/577 Cr S Munro/Cr S Nugent That Council resolves to: 1 Award the contract for the development of a Planning and Development Framework to SJB Architecture (NSW) Pty Ltd for the amount of $317,414 exclusive of GST. 2 Grant permission to affix the Council Seal to all relevant documents.	Resolution to be actioned.
4 Dec 2018	CCL	6.4 TENDER FOR CONSTRUCTION OF SOUTHERN FEEDER ROAD STAGE 2 AND RAILWAY OVERBRIDGE - F2811 TRIM REFERENCE: 2018/2959 RESOLVED - 18/578 Cr J Hamling/Cr S Munro That Council resolves: 1 That subject to: a the successful execution of the deeds for Fixing Country Roads Rounds 2.5 and 3 and the Heavy Vehicle Safety and Productivity Round 6, and; b the General Manager finalising contract conditions with Haslin Construction Pty Ltd, within the limits set in the body of this report, that; Council accept the tender offered by Haslin Constructions Pty Ltd for the Construction of the Southern Feeder Road Stage 2 and Railway over Bridge Tender F2811, with the inclusion of a strengthened pavement for the Lump Sum contract price of $14,610,131.22, exclusive of GST. 2 That the Common Seal of Council be authorised for use on documents associated with this tender.	Council are awaiting on signed Deeds both from Federal and State governments, expected week commencing 17 December.
4 Dec 2018	PDC	2.9 DEVELOPMENT APPLICATION DA 329/2018(1) - 269-279 SUMMER STREET (ROBERTSON PARK) TRIM REFERENCE: 2018/2901 RESOLVED - 18/544 Cr G Taylor/Cr J Whitton That Council consents to development application DA 329/2018(1) for Recreation Area - Amenities Block and Demolition (tree removal) at Lot 702 DP 1002273 - 269-279 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.	PDC resolved to approve the DA on 4 December 2018 - Rescission Motion lodged following meeting and to be addressed at Full Council meeting 18 December 2018.
4 Dec 2018	PDC	2.3 ENFORCEMENT POLICY TRIM REFERENCE: 2018/2966 RESOLVED – 18/547 That Council resolves to adopt the attached Enforcement Policy.	Resolution actioned.
4 Dec 2018	PDC	2.4 ORANGE LOCAL ENVIRONMENTAL PLAN 2011 - PLANNING PROPOSAL FOR AN ADMINISTRATIVE AMENDMENT TRIM REFERENCE: 2018/2893 RESOLVED - 18/548 Cr S Nugent/Cr J McRae That Council resolves: 1 To endorse the attached scope of the next administrative housekeeping amendment to Orange Local Environmental Plan 2011. 2 That staff prepare a formal Planning Proposal in accordance with the attached scope. 3 To send the Planning Proposal to the NSW Department of Planning and Environment seeking a Gateway Determination. 4 That staff proceed to address any conditions or requirements of the Gateway Determination and then place the draft Planning Proposal on public exhibition for 28 days (or as required by the Gateway Determination).	The Planning Proposal has been forwarded to the Department of Planning and Environment for Gateway Determination, and formal LEP maps are being prepared in anticipation of the public exhibition process.
4 Dec 2018	PDC	2.6 DEVELOPMENT APPLICATION DA 136/2018(1) - 100 BATHURST ROAD TRIM REFERENCE: 2018/2919 RESOLVED - 18/549 Cr K Duffy/Cr R Kidd That Council resolves to consent to development application DA 136/2018(1) for Take Away Food and Drink Premises, Restaurant or Cafe, Demolition (existing building and tree removal) and Business Identification Signage at Lot 4 DP 778409 - 100 Bathurst Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Notice of Approval issued as per resolution.
4 Dec 2018	PDC	2.7 DEVELOPMENT APPLICATION DA 313/2018(1) - 26 PRINCE STREET TRIM REFERENCE: 2018/2819 RESOLVED - 18/550 Cr R Kidd/Cr K Duffy That Council resolves to consent to development application DA 313/2018(1) for Demolition (existing dwelling, ancillary structures and vegetation), Subdivision (two lot residential) and Dwelling Houses (construction of two new dwelling houses) at Lot 1 Sec 33 DP 155632 – 26 Prince Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Consent issued.
4 Dec 2018	PDC	2.8 DEVELOPMENT APPLICATION DA 349/2018(1) - 59-67 AND 99 BATHURST ROAD TRIM REFERENCE: 2018/2685 RESOLVED - 18/551 Cr K Duffy/Cr S Munro That Council resolves to consent to development application DA 349/2018(1) for Demolition (tree removal) at Lot 40 DP 810916 and Lot 30 DP 1190518 - 99 Bathurst Road and 59 67 Bathurst Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Consent issued.
4 Dec 2018	PDC	2.10 DEVELOPMENT APPLICATION DA 348/2018(1) - 5 HANRAHAN PLACE TRIM REFERENCE: 2018/2900 RESOLVED - 18/552 Cr K Duffy/Cr M Previtera That Council resolves to consent to development application DA 348/2018(1) for Highway Service Centre and Business Identification Signage at Lot 85 DP 1167633 - 5 Hanrahan Place, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Consent issued.
4 Dec 2018	EEDPC	2.1 MINUTES OF THE SISTER CITIES COMMUNITY COMMITTEE – 7 NOVEMBER 2018 TRIM REFERENCE: 2018/2788 RESOLVED - 18/553 Cr R Kidd/Cr S Nugent That Council resolves: 1 To acknowledge the reports presented to the Sister Cities Community Committee at its meeting held on 7 November 2018. 2 The recommendations and updated action plan from the minutes of the Sister Cities Community Committee meeting of 7 November 2018 being: 4.1 That the Action List for the Sister Cities Community Committee be reviewed and updated with the following actions : 1 Bring costings for a ‘Welcome’ banner, a Japanese flag and suggestions to improve the council welcome events for visiting exchanges students. 2 That proceeds from the PNG Earthquake Appeal be directed to the local school at Mt Hagen by way of the local council, and investigate if proceeds could be delivered during a visit by planning staff. 3 That information about the next national Sister Cities Association conference be circulated to Sister Cities committee members. 4 That the section of the Community Strategic Plan that outlines the work of the Sister Cities committee be circulated to committee members 5 That a letter of congratulation be sent to the incoming mayor of the City of Orange, California once the results of the November 6 election are known. 6 That Christmas greetings be sent to the council leadership of each of the sister cities. 7 That a prospective date for the next meeting on a Wednesday in February at 5.30pm be circulated to committee members. 3 To adopt the remainder of the minutes of the Sister Cities Community Committee at its meeting held on 7 November 2018.	Resolution and Action List is currently being worked on.
4 Dec 2018	IPC	2.2 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE MEETING - 13 NOVEMBER 2018 TRIM REFERENCE: 2018/2914 RESOLVED - 18/554 Cr R Kidd/Cr J Whitton That Council resolves: 1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 13 November 2018. 2 Recommendations 3.1 to 3.4 from the minutes of the City of Orange Traffic Committee meeting of 13 November 2018 being: 3.1 That Council amends the bus zone in Bletchington Street outside the MET School as per Annexure A and notifies the school that the driveway gates must be locked during the bus zone times, with confirmation in writing to this effect being received from the school. 3.2 That Council installs No Stopping signs on the southern side of the Northern Distributor Road, between existing No Stopping west of Telopea Way and 93 Northern Distributor Road as per the supporting information. 3.3 That Council approves the line marking and signage at the intersection of Matthews Avenue and Anson Street as per the plans attached to this report. 3.4 That Council approves the Newcrest Orange Challenge event on 31 March 2019 subject to the attached conditions. 3 To adopt the remainder of the minutes of the City of Orange Traffic Committee meeting of 13 November 2018.	Resolution to be actioned.
4 Dec 2018	SRPC	2.2 MINUTES OF THE SPORT AND RECREATION COMMUNITY COMMITTEE MEETING HELD ON 29 OCTOBER 2018 TRIM REFERENCE: 2018/2958 RESOLVED - 18/558 Cr J Whitton/Cr S Romano That Council resolves: 1 To acknowledge the reports presented to the Sport and Recreation Community Committee at its meeting held on 29 October 2018. 2 To adopt recommendations 3.2, 3.3, 3.4 from the minutes of the Sport and Recreation Community Committee meeting of 29 October 2018 being: 3.2 That Council send a letter to the NSW Minister of Sport expressing disappointment in missing out on funding through the Regional Sporting Infrastructure Fund. 3.3 That the Hon. Rick Colless be invited to the next meeting of the Sport and Recreation Community Committee to provide him with an overview of the Committee’s priority sport and active recreation projects and seek support and assistance in securing funding for the projects. 3.4 That the future of the Anzac Park BMX Track be added to the Sport and Recreation Community Committee Action Plan for further discussion. 3 To adopt the remainder of the minutes of the Sport and Recreation Community Committee at its meeting held on 29 October 2018.	Resolution to be actioned.
4 Dec 2018	SRPC	3.2 ORANGE SPORTING PRECINCT TRIM REFERENCE: 2018/2812 RESOLVED - 18/559 Cr J Whitton/Cr S Romano The Council resolves: 1 To note the findings of the report. 2 That a schematic design incorporating current and future requirements for the NDR site be developed to a standard to enable costing be completed.	Geolyse are progressing with the schematic design. A draft will be available to Councillors for comment in December. Following comments from Councillors the Sport and Recreation Committee members will be invited to make comment on the proposed layout.
4 Dec 2018	FPC	2.1 REQUESTS FOR FINANCIAL ASSISTANCE TRIM REFERENCE: 2018/2905 RESOLVED - 18/001 Cr J Hamling/Cr S Nugent The Council resolves: 1 That a donation of $500.00 be made from the Sports Participation Program to Philippa Mannix for attending the School Sport Association (SSA) All Australian Hockey Team European Tour as part of the SSA All Australian Hockey Team.	Action completed. Approval letter (D18/67955) posted on 11 December 2018. Payment details sent to Creditors section on 11 December 2018.
4 Dec 2018	SPC	2.2 MINUTES OF THE LUCKNOW COMMUNITY COMMITTEE MEETING - 1 NOVEMBER 2018 TRIM REFERENCE: 2018/2957 RESOLVED - 18/563 Cr S Munro/Cr M Previtera That Council resolves: 1 To acknowledge the reports presented to the Lucknow Community Committee at its meeting held on 1 November 2018. 2 Recommendations 3.2 from the minutes of the Lucknow Community Committee meeting of 1 November 2018 being: 1 That the Lucknow Community Committee Action Plan be reviewed and updated. 2 That the remediation of the northern side bus stop progress with the laying of hotmix. 3 That the installation of solar lighting in bus stops progress. 4 That the beautification between Two Fat Ladies and Wentworth Mine be placed on the Action Plan. 3 To adopt the remainder of the minutes of the Lucknow Community Committee at its meeting held on 1 November 2018.	Remediation of bus stop to take place in 2019. Solar Lighting ordered – awaiting installation date. Beautification between Two Fat Ladies and Wentworth Mine placed on Action Plan.
4 Dec 2018	SPC	2.3 MINUTES OF THE SPRING HILL COMMUNITY COMMITTEE MEETING - 15 NOVEMBER 2018 TRIM REFERENCE: 2018/2937 RESOLVED - 18/564 Cr R Turner/Cr S Munro That Council resolves: 1 To acknowledge the reports presented to the Spring Hill Community Committee at its meeting held on 15 November 2018. 2 Recommendations 3.2 and 4.1 from the minutes of the Spring Hill Community Committee meeting of 15 November 2018 being: 3.2 Illegal Parking in Park That correspondence be forwarded to Live Better, expressing concerns regarding illegal parking of company vehicles in Alf Read Park. 4.1 Spring Hill Community Committee Action Plan and Priority Works 1 That the Spring Hill Community Acton Plan be reviewed and updated. 2 That the item of investigating the addition of plaques and interment of ashes at the cemetery be added to the Action Plan. 3 To adopt the remainder of the minutes of the Spring Hill Community Committee at its meeting held on 15 November 2018.	Noted. Correspondence sent to Live Better and Item regarding investigating the addition of plaques and interment of ashes at the cemetery has been added to the Action Plan.
4 Dec 2018	SPC	3.1 ADDITIONAL POLICING NUMBERS - CENTRAL WEST POLICE DISTRICT TRIM REFERENCE: 2018/2963 RESOLVED - 18/565 Cr J Hamling/Cr J Whitton That Council resolves to support the addition of sworn officers to the existing approved positions of the Orange Command in the Central West Police District of: 1 14 sworn officers; 2 1 dog unit; 3 Establishment of a Regional Enforcement Squad located in Orange; and 4 Orange Command be one the first command to receive additional police within NSW.	Noted and supported.
27 Nov 2018	Extraordnary CCL	2.1 DEVELOPMENT APPLICATION DA 318/2018(1) - PROPOSED DEPARTMENT OF INDUSTRY BUILDING - 84 DALTON STREET, ORANGE TRIM REFERENCE: 2018/2915 RESOLVED - 18/535 Cr J Hamling/Cr S Romano That Council resolves: 1 That the information contained in the report by Keylan Consulting for development application DA 318/2018(1) - proposed Department of Industry Building - 84 Dalton Street, Orange be acknowledged. And to deal with item 2 separately.	Development approved by JRPP on 6 December 2018.
27 Nov 2018	Extraordinary CCL	RESOLVED - 18/536 Cr R Turner/Cr G Taylor 2 That Council makes a submission upon this application to the Western Joint Regional Planning Panel to incorporate the following amended conditions of consent: (20) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The payment of contributions is required to be paid prior to the issue of a Construction Certificate for the building structure. The contributions are based on 34 ETs for water supply headworks and 51 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions. This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate. (22) The applicant shall prepare a plan(s) detailing the location and design of a 600mm wide concrete median to be constructed in Anson Street. The new concrete median shall restrict traffic movements to and from the Anson Street access driveway to left-in and left-out only. The infrastructure shall be located and designed to tie in with the existing concrete mediums located at the nearby traffic lights and roundabout to the satisfaction of Orange City Council. (42) The existing variable width concrete footpath in Dalton Street shall be removed for the full length of the Dalton Street frontage. A Council standard 1.2m wide concrete footpath shall be constructed for the full frontage of the site in Dalton Street. Any damaged grassed kerbside shall be turfed with an appropriate cool climate grass. (43) The existing concrete and bitumen footpaths in Anson Street and Prince Street shall be removed for the full length of the Anson Street and Prince Street frontages to the traffic light blisters. A full width concrete footpath shall be constructed for the Prince Street Frontage and Anson Street to the driveway entrance. North of the Anson Street driveway entrance a Council standard 1.2m wide concrete footpath shall be constructed for the remainder of the frontage. (46) The applicant shall upgrade the existing Prince Street lighting to the counter leaving style as per the design vision illustration. (47) The road Pavement in Anson Street shall be rehabilitated using heavy patching methods shown in Austroads guide to Pavement Technology: Part 5 Pavement Evaluation and Treatment design and to Orange City Council’s satisfaction then sealed with 50mm thick AC14 asphalt from kerb to kerb on top of a 10mm PMB SAMI seal. (52) Where existing street trees are to be removed the applicant will replace these, on the basis of two new plantings for one removed, to Orange City Council’s specification and to the satisfaction of Council’s Manager, City Presentations.	Submission made and taken into account by JRPP.
20 Nov 2018	CCL	6.1 LACHLAN VALLEY RAILWAY TRIM REFERENCE: 2018/2598 RESOLVED - 18/533 Cr R Turner/Cr S Nugent That Council resolves: 1 To waive the outstanding rates and interest for the property at 2C Peisley Street, Orange in the amount of $24,222.65. 2 The premise at 2C Peisley Street, Orange be exempt from Council rates during the period the existing licence arrangements between Lachlan Valley Rail Co-operative and John Holland Rail on behalf of Transport NSW remain current.	Resolution actioned.
20 Nov 2018	CCL	5.13 ORANGE 360 BOARD - ORANGE CITY COUNCIL DELEGATES TRIM REFERENCE: 2018/2870 RESOLVED - 18/532 Cr S Nugent/Cr T Mileto That the General Manager, Cr R Kidd and Cr J McRae be Council delegates on the TDO Pty Ltd Board.	Resolution noted.
20 Nov 2018	CCL	5.12 WELCOME TO SUMMER WEEKEND - ORANGE AQUATIC CENTRE TRIM REFERENCE: 2018/2813 RESOLVED - 18/531 Cr J Hamling/Cr S Nugent That Council resolves to: 1 Grant free entry to the Aquatic Centre for the Start of Summer Weekend, 1 and 2 December 2018; and 2 Extend current seasonal pass holders as detailed in the report by 2 weeks.	Free entry taken place 1 & 2 December and extended seasonal pass to holders.
20 Nov 2018	CCL	5.11 EVOCITIES MOU TRIM REFERENCE: 2018/2733 RESOLVED - 18/530 Cr J Hamling/Cr M Previtera That Council resolves: 1 To confirm Orange City Council’s commitment to the continuation of the Evocities program for the period 2019/20 to 2022/23. 2 To authorise the Mayor and General Manager to execute the Memorandum of Understanding between the Evocities for the period.	Resolution actioned.
20 Nov 2018	CCL	5.10 INVITATION TO JOIN REGIONAL CITIES NSW TRIM REFERENCE: 2018/2281 RESOLVED - 18/529 Cr J McRae/Cr S Nugent That Council resolves to: 1 Note the information contained within this Invitation to Join Regional Cities NSW Council Report. 2 Join Regional Cities NSW (RCNSW) with a formal review of Council’s membership to take place within the first 24 months of the formal commencement of RCNSW, to ensure it is meeting its stated objectives. 3 Note that whilst sixteen Councils have been invited to join RCNSW, a minimum of nine Councils will be needed to establish RCNSW. 4 Allocate $5,000 for membership of RCNSW from 1 January 2019 to 30 June 2019 5 Note that any future requests for financial contributions over and above the annual membership fee to RCNSW will be reported to Council for further consideration.	Resolution actioned. Letter written to Tamworth Mayor advising that Orange City Council will be joining RCNSW.
20 Nov 2018	CCL	5.9 REQUESTS FOR FINANCIAL ASSISTANCE TRIM REFERENCE: 2018/2794 RESOLVED - 18/528 Cr J Hamling/Cr S Nugent The Council resolves: 1 That a donation of $1,930.00 be made from Emergent Funding to Teach Learn Grow for the Inaugural Rural Program to Glenroi Heights Public School. 2 That a donation of $250.00 be made from the Sports Participation Program to Dallas George for attending the AMAC Australian Karate Titles as part of the NSW AMAC Karate Squad.	Action completed: Donations processed - letters posted, applications called and payment details sent to Creditors on 22 November 2018 (evidence in electronic records system in File F2709).
20 Nov 2018	CCL	5.8 2018/19 FEES & CHARGES AMENDMENTS & ADDITIONS TRIM REFERENCE: 2018/2650 RESOLVED - 18/002 Cr R Turner/Cr T Mileto Council resolves to place the proposed fees and charges for the Scout Camp, Download of Tender Documents, Clover Hill Function Centre and Liquid Trade Waste pH on exhibition for the information of the community for a period of 28 days.	On public exhibition until 3 January 2019. Report to go back to Council on 5 February 2019.
20 Nov 2018	CCL	5.7 2019/20 BUDGET TIMETABLE TRIM REFERENCE: 2018/2863 RESOLVED - 18/526 Cr R Turner/Cr J McRae The Council resolves: 1 To approve the 2019/20 Budget timetable set out in the Agenda; and 2 Despite resolution 17/575, delegate to the General Manager authority to convene a limited number of closed Councillor Workshops as may be necessary to facilitate the Annual Budget setting process.	Closed workshops have been scheduled and two meetings held to date.
20 Nov 2018	CCL	5.5 DEVELOPMENT APPLICATION DA 41/2007(2) - 84 GLENROI AVENUE TRIM REFERENCE: 2018/2862 RESOLVED - 18/524 Cr R Turner/Cr J Hamling That Council resolves to modify development consent DA 41/2007(1) for Hotel (additions and alterations to existing) at Lot 3 DP 630463 - 84 Glenroi Avenue, Orange pursuant to the conditions of consent in the attached modified Notice of Approval.	Resolution actioned.
20 Nov 2018	CCL	5.4 DEVELOPMENT APPLICATION DA 318/2018(1) - PROPOSED DEPARTMENT OF INDUSTRY BUILDING - 84 DALTON STREET, ORANGE TRIM REFERENCE: 2018/2779 Due to a lack of a quorum for this item, this matter is deferred with the Director Development Services to confirm this will still align with JRPP timeframes for their meeting of the 6 December 2018.	Dealt with at the Extraordinary Council Meeting held on 27 November 2018.
20 Nov 2018	CCL	5.3 STATEMENT OF INVESTMENTS - OCTOBER 2018 TRIM REFERENCE: 2018/2787 RESOLVED - 18/523 Cr S Nugent/Cr J McRae That Council resolves: 1 To note the Statement of Investments as at 31 October 2018. 2 To adopt the certification of the Responsible Accounting Officer.	Noted and adopted.
7 Nov 2018	CCL	NOTICE OF MOTION - STORAGE NEEDS OF SERVICE CLUBS RESOLVED - 18/511 Cr G Taylor/Cr J Whitton 1 That Council investigate the storage needs of the Service Clubs within Orange and Council’s ability to help. 2 That if, as a result of Council’s investigation, Council is in a position to assist, funds be made available in the Budget for the 2019/20 financial year.	Discussions to be held with Service Clubs and funds be made available.
7 Nov 2018	SRPC	2.2 MINUTES OF THE AUSTRALIA DAY COMMUNITY COMMITTEE MEETING - 3 OCTOBER 2018 RESOLVED - 18/500 Cr R Kidd/Cr J Whitton Council resolves to adopt the minutes of the Australia Day Community Committee meeting held on 3 October 2018.	Resolutions noted. Actions resolved by Council to be enacted.
7 Nov 2018	SRPC	RESOLVED - 18/511 Cr R Kidd/Cr S Munro That Council allocate up to $15,000 for more security at the Hockey Centre.	Actions underway.
7 Nov 2018	FPC	RESOLVED - 18/506 Cr J McRae/Cr R Turner That recommendation 5 (Emergent Funding Joel Everett (Ability Dreaming) for Disability Tour Group Outings, be deferred until further information is received on this funding request.	Application withdrawn.
17 OCT 2018	Extraordinary CCL	2.1 INDUSTRIAL LAND TRIM REFERENCE: 2018/2438 RESOLVED - 18/486 Cr J Hamling/Cr J Whitton Council resolve to approve: 1 That the General Manager be granted delegated authority to negotiate and/or bid at auction for the purchase land at 298 Clergate Road Lot 1 DP1085646 and for the purchase to be funded from property development fund. 2 That the land be classified operational on acquisition. 3 That the General Manager be delegated the authority necessary or convenient to give effect to this resolution, including but not limited to the affixing the Council Seal.	Contracts exchanged on 9 November 2018.
4 Sept 2018	SPC	3.1 RECREATIONAL USE OF GOSLING CREEK, SPRING CREEK AND SUMA PARK DAMS TRIM REFERENCE: 2018/2175 RESOLVED - 18/416 Cr M Previtera/Cr S Munro That Council publicly exhibits, for a period of 28 days, proposals to: (as below) 1 Permit camping on the Southern side of Gosling Creek with access to amenities on the Northern Side of Gosling Creek; 2 Permit Camping on the Northern side of Gosling Creek within a designated area at times determined by Council so as not to conflict with events or activities; 3 Permit RV parking within established car parks at Gosling Creek; 4 Permit access to Spring Creek Dam for non-powered and electric boating, fishing but not camping; 5 Not permit land or water based activity at Suma Park; and 6 Report to Council following the public exhibition on the submissions received.	Noted. Site meeting to be arranged for Councillors. Report to Council upon completion of exhibition period tabling submissions received. Report went to Council 4 December 2018 Council Resolved: RESOLVED - 18/542 Cr K Duffy/Cr M Previtera 1 That Council permit event camping on the northern side of Gosling Creek within a designated area at times determined by Orange City Council as not to conflict with events or activities. 3 That Council permit event RV parking within established carparks at Gosling Creek at times determined by Orange City Council as not to conflict with events or activities.
4 Sept 2018	PDC	2.2 ADDITIONS TO ORANGE LOCAL ENVIRONMENT PLAN 2011 - ORANGE AS A FOOD AND WINE TOWN TRIM REFERENCE: 2018/1927 RESOLVED - 18/397 Cr S Nugent/Cr K Duffy 1 That Council delegate to staff the preparation of a Planning Proposal to add ‘Artisan food and drink industry’ to more commercial zones in Orange and for it to be put through the Gateway process and on to public exhibition. 2 That staff prepare appropriate environmental controls in relation to scale, traffic, odours, noise and waste for inclusion in the Planning Proposal.	Planning proposal being prepared – to Gateway.
21 Aug 2018	CCL	5.9 LEASE SITE U AT ORANGE AIRPORT TRIM REFERENCE: 2018/1751 RESOLVED - 18/387 Cr S Romano/Cr R Turner 1 Council enter into consecutive leases of five years each to a maximum of 20 years with Aero Refuellers Pty Limited at the Orange Airport. 2 The Council delegate to the General Manager authority to negotiate the terms of the lease and to take such actions as may be necessary or convenient to execute the lease. 3 That approval be granted for the use of the Council Seal on any necessary documentation if required.	Lease terms being discussed between respective solicitors.
21 Aug 2018	CCL	5.8 USE OF LAKE CANOBOLAS FOR PADDLE BOARD HIRE TRIM REFERENCE: 2018/1952 RESOLVED - 18/512 Cr S Nugent/Cr S Munro 1 That Council enter into a Licence Agreement for the use of Lake Canobolas for a stand up paddleboard hire facility for up to 3 years. 2 That permission be granted for the use of the Council Seal on any necessary documentation.	Proposed lessee in the process of lodging a development application with Cabonne Council
21 Aug 2018	CCL	5.7 LEASE OF COOK PARK GUILDRY TRIM REFERENCE: 2018/1159 RESOLVED - 18/385 Cr S Munro/Cr S Nugent 1 That Council enter into a 5 year lease (with one 5 year option) with Cook Park Guildry Co-operative Limited of the Bastick Cottage in Cook Park at a rental of $150 per week. 2 That permission be granted for the use of the Council Seal on all necessary documentation.	Lease finalised.
14 August 2018	PDC	2.10 Orange Local Environmental Plan 2011 - Amendment 17 'Towac Equine Precinct' RESOLVED - 18/513 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.	Planning Proposal and attachments sent to Gateway.
14 August 2018	PDC	2.11 Draft Enforcement Policy RESOLVED - 18/373 Cr K Duffy/Cr T Mileto That Council endorses the attached Draft Enforcement Policy for public exhibition for a period of 28 days.	Policy went to Council for adoption in the PDC Meeting on 4 Dec 2018.
14 August 2018	PDC	3.1 DA Legal Cost Award Update (Strictly Confidential and Privileged) RESOLVED - 18/519 Cr G Taylor/Cr S Nugent That Council delegate to the General Manager the management of the cost award matters.	Negotiations underway.
7 August 2018	CCL	4.2 NOTICE OF MOTION - ELECTRICITY PRICES RESOLVED - 18/349 Cr J Whitton/Cr K Duffy That Orange City Council work with the Orange Chamber of Commerce and/or local organisations to hold a forum involving government, community and business representatives to discuss what the State and Federal governments are doing to reduce electricity price increases for regional residents and businesses.	Preliminary planning meeting has been held with a view to holding a forum towards the end of the year.
7 August 2018	CCL	4.1 NOTICE OF MOTION - UPDATE ON HOT MIX PLANT TRIM REFERENCE: 2018/1874 RESOLVED - 18/348 Cr J Whitton/Cr J Hamling That Council staff provide prepare a business case for the establishment of an Asphalt Hot Mix Plant in Orange exploring options for both the local and surrounding areas.	Scheduled, with some discussion with industry continuing.
17 July 2018	CCL	4.2 NOTICE OF MOTION - ESTABLISHMENT OF A COMMUNITY WOOD AND HEATING BANK RESOLVED - 18/516 Cr G Taylor/Cr J Whitton That Council contribute to the establishment of a community wood and heating bank as follows: 1 The wood and heating bank be based on a similar structure as support services such as Foodbank where suitable organisations manage a voucher system based on an appropriate criteria. 2 Council initiate the service with the purchase of $5,000 worth of wood. 3 Council take donations of appropriate wood and financial contributions to provide to the service. 4 Where available and suitable, surplus wood from Council operations be provided to the service. 5 Council seek collaboration with suitable service providers and service clubs to establish and continue the service. 6 The wood and heating bank be trialled to December 2019 with a review to then be undertaken.	Commenced discussions with potential suppliers and determining the parameters of the scheme. $5,000 has been retained in General Donations for this purpose.
3 July 2018	CCL	4.1 NOTICE OF MOTION - TREES RESOLVED - 18/301 Cr S Nugent/Cr T Mileto (as below) That Council prepare a report on the legislative, policy and operational options that could be considered in Orange for: 1 Reducing the number of significant trees removed/destroyed in new sub-division and in-fill developments. 2 Better protection and ensuring the survival of trees to be retained in new sub-division and in-fill developments. 3 Maximising the survival rate of replacement trees planted in compliance with conditions of consent for development applications. 4 Protecting street trees across the city. 5 That the variety of trees are suitable to the environment in which they are planted	Report to go to February ESPC.
3 July 2018	CCL	4.4 NOTICE OF MOTION – INVITATION OF CANDIDATES FOR UPCOMING STATE ELECTION TO ADDRESS COUNCIL AND INVITATION TO DEPUTY PREMIER REGARDING BOUNDARY ADJUSTMENTS RESOLVED - 18/304 Cr K Duffy/Cr S Romano That Council write to and invite all Candidates in the March 2019 NSW State Election to Address Council at the Open Forum.	Letter to be written to candidates.
3 July 2018	EEDPC	2.1 Australian Local Government Womens Association Conference bids RESOLVED - 18/288 Cr J McRae/Cr J Whitton That a Communication Strategy be prepared in relation to the promotion of diversity and participation in Local Government.	Workshop preparations underway and proposed for early 2019.

WORKS REQUESTS

CR TAYLOR – Requested the trees on Ploughmans Lane between Cargo and Forbes Rd be inspected for overhang and to determine if any need to be removed due to being dead/dying. CRM Number 9173/2018

CR TAYLOR – Requested the trees on Bundarra Place be inspected as some may be dead/dying. CRM Number 9720/2018.

Council Meeting 18 December 2018

5.5 Development Application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow

RECORD NUMBER: 2018/2955

AUTHOR: Michael Glenn, Senior Planner

EXECUTIVE Summary

Application lodged	12 February 2018
Applicant/s	Brothers Three Pty Ltd
Owner/s	Brothers Three Pty Ltd
Land description	Lot 101 DP 1053642 - 4613 Mitchell Highway, Lucknow
Proposed land use	Demolition (existing service station), Service Station (includes sales building, fuel dispensing canopy, underground fuel tanks, 24/7 operation), and Business and Site Identification Signs
Value of proposed development	$1,395,000

Council at the Planning and Development Committee meeting held on 7 November 2018 resolved to defer development application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow until after a site inspection with Roads and Maritime Services had taken place. Council staff contacted the RMS and invited them to an onsite meeting to discuss the access arrangements. The RMS respectfully declined the request for an onsite meeting, but indicated that they would be happy to answer any further questions relating to the referral. The Director Technical Services subsequently emailed Councillors on the 6 December 2018 with a resolution to this matter which has resulted in the inclusion of an additional condition (Condition (13)) on the attached Notice of Determination.

Council's consent is sought for the demolition of an existing service station and construction of a service station with small convenience store and signs on the subject property. The application is seeking approval to operate on a 24 hour basis. The application has been referred to Council because unresolved submissions have been received for the application.

This application has been delayed because amendments were required to address RMS issues, and also to address heritage and streetscape considerations. The subject property is located on a classified road, requiring the concurrence of the RMS for the proposal. The RMS has now provided its concurrence, subject to a vehicle size limit of 12.5m (equating to a large rigid vehicle) for vehicles other than the delivery vehicle.

The amended proposal lacks effective landscaping, and there are also potential conflicts between pedestrians using the footway and vehicles that tend to park on a concreted verge outside the property. It is reasonable to require the removal of this concreted verge (which does not meet Council’s footpath standards and has not been constructed by Council), and replace it with a footpath that does meet Council’s standards; as well as provide handrails along the boundary and a landscape strip at the edge of the verge, which steps down in a cutting to the level of the highway. The landscaping will assist in maintaining the village character and improving amenity adjacent to the site.

The application involves the removal of the existing underground fuel storage tanks and their replacement with new tanks. Whilst soil testing conducted to this point shows no signs of broad scale contamination of the site, further tests will be required upon removal of the existing tanks to determine if contaminants have coagulated underneath them.

In the event that such testing reveals contamination levels that exceed the relevant guidelines (UPSS guidelines), Category 1 remediation (ie remediation that requires further development consent) will be required. This arises due to the environmental sensitivity affecting the subject site, a product of the high water table and the location of the site within a heritage conservation area and the water supply catchment. A condition to address this issue is included in the consent.

Submissions have raised a number of concerns which in general remain wholly or partially unresolved. Some of the issues can be addressed with conditions. The most important issue of concern to the local residents are the proposed 24 hours of operation. The applicant has submitted a noise report that suggests a twenty four operation would be acceptable from a noise amenity point of view, but has not addressed light glare or how the proposed 24 hour operation might affect the general village character. It is considered that a twenty four hour operation has a high probability of causing significant nuisance to the local residents, and will have difficulty meeting or reinforcing the objectives of the village zone, where mixed residential and commercial land uses can intermingle and where the commercial activities must be sufficiently low impact as to achieve reasonable co-existence. It is considered that 24 hour operation would not be reinforcing of that objective. The applicant has by late submission indicated that they would be prepared to accept a limit in the hours running from 5am to 12 midnight, but for the current proposal, the configuration remains a 24 hour operation (they have not formally amended the proposal to reflect their revised hours). It is on the basis of a 24 hour operation that this assessment is carried out. However for either of the applicants suggested hours, the impacts on character and amenity is considered to be excessive. As a result, the consent includes a restriction on the hours to 7am to 10pm, seven days per week (which essentially relate to a daytime use).

It is recommended that Council supports the subject proposal subject to the conditions included in the attached Notice of Determination.

Figure 1 - locality plan

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 provisions of the LEP must be considered by the Council in determining the application. 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. The objectives of each zoning and indeed the aims of the LEP itself are also to be considered and can be used to guide decision making around appropriateness of development.

Orange Development Control Plan 2004 – the DCP provides guidelines for development. In general it is a performance based document rather than prescriptive in nature. For each planning element 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. The DCP enables developers and architects to use design to achieve the planning outcomes in alternative ways.

DIRECTOR’S COMMENT

This development application sees the revamp of the existing service station in Lucknow. Staff and the Heritage Advisor have worked with the applicant to lift the building design. Notwithstanding, access issues have been a concern throughout and are of concern to the neighbouring property owners. Staff do not support a 24 hour operation as the Village zoning mandates that development needs to enhance and maintain the unique village character of Lucknow and Spring Hill. The current operation is not 24 hours. The recommendation is to allow a 7am to 10pm opening regime.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “10.1 Preserve - Engage with the community to ensure plans for growth and development are respectful of our heritage”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves to issue a consent to development application DA 33/2018(1) for Demolition (existing service station), Service Station (includes sales building, fuel dispensing canopy, underground fuel tanks), and Business and Site Identification Signs at Lot 101 DP 1053642 - 4613 Mitchell Highway, Lucknow pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE APPLICATION/PROPOSAL

Council's consent is sought for the demolition of the existing service station including the removal of tanks and associated infrastructure and the construction and operation of a replacement service station with neighbourhood shop. Business identification signage is also proposed. The applicant proposes to operate the facility on a 24 hour basis. To facilitate the development on a level site, it is proposed to undertake some site regrading and construct retaining walls.

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 prior to 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.

Notwithstanding, Section 28 of the Biodiversity Conservation (Savings and Transitional) Regulation 2017 states that the former planning provisions continue to apply to the determination of a pending planning application, being an application for planning approval made before the commencement of the new Act but not determined before that commencement. The relevant provisions are set out at Part 5A of the historical version of the EP&A Act 1979 dated 24 August 2017.

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 have a significant effect on any threatened species, populations or ecological communities or their habitats.

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 application is considered to be consistent with aims (b) and (c) as listed above. With respect to (a), changes are required as recommended by conditions in the consent to ensure the DA has outcomes that are sympathetic to the achievement of reasonable character. This matter is discussed in detail later in this report. With regard to (f), conditions are included regarding the architectural detail, protection of landscape , signage impact and certain other issues that will result in the responsible management of the environmental, heritage and scenic landscape setting of the development.

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 RU5 Village
Lot Size Map:	Minimum Lot Size 1,000m²
Heritage Map:	Located in a heritage conservation area
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Groundwater vulnerable
Drinking Water Catchment Map:	Within a 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:	Not within/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 biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

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

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

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones and Clause 2.3 - Zone Objectives and Land Use Table

The subject site is located within the RU5 Village zone. The proposed development is defined as a Service Station under OLEP 2011 and is permitted with consent for this zone. This application is seeking consent.

“Service Station” is defined under the LEP as

“a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:

(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,

(b) the cleaning of motor vehicles,

(c) installation of accessories,

(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),

(e) the ancillary retail selling or hiring of general merchandise or services or both.

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. These objectives for land zoned RU5 Village are as follows:

1 - Objectives of the RU5 Village Zone

· To provide for a range of land uses, services and facilities that are associated with a rural village.

· To enhance and maintain the unique village character of Lucknow and Spring Hill.

In general, the proposed development is considered to be consistent to the zone objectives. However, the proposed 24 hour operation would, if carried out, create land use conflicts with other existing permissible land uses, namely the residential development within the village. The village zone contains a fairly wide range of permissible land uses, but this does not mean that inherent conflicts should be left unconsidered. Whilst the subject development is located on the Mitchell Highway the 24 hour operation of a development is considered to be inconsistent with the general village character of Lucknow. Hence, as alluded to elsewhere in this report it is recommended that the hours of operation be limited to 7.00am to 10.00pm to be more in keeping with the village character in this case.

Clause 2.7 - Demolition Requires Development Consent

This clause triggers the need for development consent in relation to a building or work. This requirement does not apply to any demolition that is defined as exempt development.

The proposal involves demolition and the applicant is seeking the consent of council. The demolition works proposed will have no significant impact on adjoining lands, streetscape or public realm.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.1 - Minimum Subdivision Lot Size

There is a minimum lot size applicable to the subject property, however this control is only relevant to applications involving subdivision. Subdivision does not form part of the subject application.

Part 5 - Miscellaneous Provisions

5.10 - Heritage Conservation

The subject property is located within the Lucknow Heritage Conservation Area. The original submitted plans called for a flat roofed modern style building with canopy, as well as standard corporate signage.

Figure 2 - preliminary south-eastern elevation

Figure 3 - preliminary north-eastern elevation

The initial plans were referred to Council’s Heritage Advisor who provided a generally negative response:

The issues raised in the DCP to the design of new development – Design of new development should complement heritage character. This can be achieved in three ways:

· Restoration works that return the building to its original form and style.

· Respectful Design: A “low key design approach where heritage building forms, proportions and materials are applied but reproduction of decorative work and detailing is avoided the design should demonstrate that it is a contemporary building whilst respecting the surrounding heritage setting.

· Interpretative Design: Forms and proportions that relate to but do not reproduce heritage features. Good modern architecture is favoured that fits in to the heritage setting

Comment: The proposal is a standard flat roofed building with glazing to the south eastern elevation on the hardstand forecourt and a solid light grey clad wall to the other predominant elevation to the road (the NE elevation). The fascia’s surrounding the roof are standard corporate colours and graphics. The roof is zincalume steel which is not supported in conservation areas. There are no indications on the drawings that the heritage design principals in the form of respectful design or Interpretative design.

Issues: The following checklist is the analytical process established under the key reference document (“Design In context’) and should guide the preferred form of development in this location.

· Character: While recent lack of guidance means very limited character, the ethos is traditional and heritage related with pitched roofs and traditional box built forms with pitched roofs. Several post buildings utilised skillion roofs. There are variable setbacks to accord with vehicle related uses.

· Scale: Single storey buildings with heights that come from traditional roofs

· Form: traditional forms which are often extended either as extrusions or pavilions.

· Siting: the core area has closer setbacks near the roads while residential land has garden setbacks.

· Materials and Colour: There is a predominance of light weight cladding to the core earlier buildings such as timber and tin/steel and later structures in masonry. Generally the colours are lighter as opposed to dark. Tree planting relates to larger trees left over from earlier residential uses and larger lots while commercial uses have generally seen them removed.

· Detailing: Traditional detailing predominates including verandahs awnings and chimneys

There are no flat roofed buildings in the vicinity. The similar buildings such as the skin shop have skillion roofs while the Fat Ladies and the adjoining hotel have traditional pitched roofs.

The Lucknow Strategy developed in 2014 as the Lucknow Scoping Study provides the following guidance for future development and public works:

1 New buildings are to be fine grained and relate to the scale of the existing built forms

2 A sample palette of contemporary materials and forms includes iron, stone recycled timber and muted colours with hipped roofs and verandahs

Recommendations

The applicant submitted amended plans 29 May 2018, along with a written response in support, which are now the subject of this assessment:

1 The fuelling canopy be provided with a hipped pitched roof with 25 degree pitch slope clad in colorbond windspray or basalt and set above the line of the proposed fascias.

2 The fascia’s shall be horizontal metallic colorbond Astro or similar without the Metro corporate colour.

3 The Metro Corporate sign panel shown on the SE Elevation shall be mounted on a framed element to interpret a verandah in a contemporary style with a pair of circular steel columns.

4 The cladding to the NE elevation is run horizontally to interpret the local vernacular.

5 A full height window is to be inserted into the NE elevation between the cigarette display and office doors.

6 The Service building/Convenience store be provided with a similar hipped 25 degree pitched roof.

7 All perimeter fencing to be traditional cyclone open mesh type and not colorbond or solid fencing to allow the landscape to be expressed and visually dominate the surrounds

8 All concrete hardstand is to be through coloured using oxide to achieve a dark grey equal to CCS stallion

9 The concrete blockwork on the convenience store shall be clad in horizontal colorbond basalt and not painted to reflect the local vernacular.

10 The site ID sign shall be limited to a maximum height of 5400mm (planners note: it has been submitted as a 6m high structure) or equal to the height of the fuelling canopy to ensure the sign element does not visually dominate the setting and affect other business identification elements, signs and graphics. The base of the sign shall be clad in local stone similar to basalt to the level of the bottom price indicator and replacing the ATM graphic which is redundant.

11 A professionally prepared landscape plan is required to specify the planting to the SW side and northern corner.

12 All lighting in the soffit of the fuelling canopy and the convenience building is to be fully recessed to reduce glare

13 Although internally illuminated graphics are not supported in conservation areas, subject to agreement with the above, the internal signage components for signs under this application will be acceptable (planners note; the applicant did not fully accept all of the heritage advisers recommendations).

Council’s Heritage Advisor provided the following conceptual sketches which were passed on to the applicant prior to the submission of their response.

Figure 4 - heritage recommended amendments

The applicant submitted amended plans on 22 May 2018 which adopted some of the changes sought by the Heritage Advisor and provided additional information in support of varying, or not applying other elements of the initial advice. These amended plans are now the subject of this detailed assessment.

The applicant submitted the following response to the itemised issues raised by the Heritage Advisor:

Issue 1: “This request was deemed unreasonable and addressed by a previous email (sent 04/04/2018) where it was advised that a proposed pitched roof would not be seen when close by on the Mitchell Highway due to the difference in levels and the original proposal would suffice in this instance without disrupting the local character that is trying to be achieved within the Lucknow Scoping Study. On Council’s follow up email on 03/05/2018 it was advised that this would be acceptable provided the sales building signage was modified to not disrupt the form of the proposed pitched roof. This is reflected on the revised Architectural drawings accompanying this application and addressed further below”.

The applicant’s position is accepted; however the refusal to provide a canopy with pitched roof has implications on the assessment of heights for the proposed pylon sign.

Issue 2: “As discussed in a previous response (sent 04/04/2018) it was seen as an unreasonable request to remove Metro corporate colours which are featured throughout all of their service stations Australia wide. We do not believe the request to remove Metro branding would enhance the local character and would make navigation more difficult. It is also believed that the inclusion of the Metro petroleum corporate colours would not detract from the preferred streetscape the Lucknow Scoping Study is trying to promote.

The Heritage Advisor comments were revised and amended as a result of this submission and further negotiations with the applicant.

Issue 3: “This element has been included on the updated Architectural drawings accompanying this application and provides a sympathetic entry statement and allows for a good visual navigation element as well as staying in keeping with the local character the Lucknow Scoping Study has alluded to”.

The Heritage Advisor and the applicant’s architect have reached agreement with respect to this issue.

Issue 4: “The proposed façade treatment has been amended to show a horizontal treatment as requested by Council. The exact nature of this cladding will form part of a future Construction Certificate application”.

A precautionary condition that ensures this amendment is implemented is included in the consent.

Issue 5: The requested full height glazing has been included on the updated Architectural drawings accompanying this application. Security issues will be looked at as part of a future Construction Certificate application.

A condition ensuring that this element is included in the building is attached to the consent.

Issue 6: “As addressed in previous correspondence (sent 04/04/2018) and also shown on the updated elevation drawings & 3D views accompanying this application the service building has been modified to show a Dutch gable roof that is in keeping with the local character and is sympathetic to the Lucknow Scoping Study. Council’s follow up email on 03/05/2018 stated the roof pitch needs to be 30 degrees which is now reflected on the amended Architectural drawings accompanying this application”.

There is agreement between the two experts on this issue. A condition specifying a 30 degree pitch is included in the consent.

Issue 7: “The request of Council for an open mesh fence was deemed as not acoustically suitable due to potential noise source disturbances for neighbouring residences. An Acoustic report was undertaken by Rodney Stevens Acoustics and it was deemed that a 1.8m high solid fence is required for noise attenuation to neighbouring residences instead of an open mesh fence as requested by Council. The Acoustic report has been submitted as part of this application. Council’s follow up email on 03/05/2018 declares that if a block wall is required, it needs to be planted with a creeper plant specified by the Landscape Architect. This is depicted on the Landscape Plans accompanying this application”.

The applicant’s position is accepted, however to achieve some level of restraint in the visual presentation of the site, it is considered appropriate to require the fencing that faces into the site to be “Shale Grey” to tie-in better with the canopy and other elements of the development.

Issue 8: “As stated in our previous response (sent 04/04/2018) the addition of the dark grey oxide would be an unreasonable request due to the elevated nature of the fuelling area, making the area unobservable to all but those using the facility. The non-oxide concrete will still form a more formal approach to the fuelling area that will not only enhance the current look but will also be supportive of the Lucknow Scoping Study. Council’s follow up email on 03/05/2018 deemed this as acceptable”.

The applicant’s response is accepted on the proviso that the perimeter fencing is finished in a suitably sympathetic colour.

Issue 9: As depicted on the revised elevation drawings accompanying this application, the concrete block walls have been amended to show a horizontal Colorbond ‘basalt’ treatment as requested by Council.

Conditions are included in the consent to ensure this outcome

Issue 10: The site ID element will remain at 6m in height with the ATM signage removed and base of sign clad in local stone as part of the amended drawings accompanying this application. As depicted on the 3D views accompanying this application, the site ID sign doesn’t visually dominate the site. Council’s response email on 03/05/2018 deems this solution acceptable.

There is a large sign erected at the boundary of the property which is approximately 8m high. This sign has no approval from Council and should not be given a great deal of weight in the assessment as a result. The subject land is zoned RU5 Village, which is a mixed use zone but one in which residential development is the dominant land use. The subject property is located within a designated Heritage Conservation Area.

Council’s DCP 2004 contains chapters with controls applicable within the Lucknow village, and further a separate chapter with controls and guidelines for appropriate signage and includes provisions for advertising with possible effects on residential areas. With respect to the controls on signage, DCP 2004 (Chapter 14) the following provisions are applicable:

a) Freestanding or pylon signs relate to the height of associated buildings in

b) Freestanding signs in residential areas are at a personal scale (i.e. about 2m high or less) within a landscaped setting.

Signs within a residential context have further generally been required to be set back to the building line. The character assessments by the applicant have not taken these underlying character and land use observations into account in their signage assessments.

The building heights are considered the more appropriate surrogate measure to apply in determining the correct sign height. The convenience store proposes a wall height of 4.2m and is immediately set behind the proposed sign, whilst the awning proposes a height of 5.4m but is closer to the street frontage than the store. The proposed pylon sign is forward of these structures by approximately 4m (from the front of the convenience store) and 2m (from the front of the awning). It is not practicable to set the pylon sign further back because of the obstruction caused by the existing adjoining building to the west of the site.

With a height of 6m and a zero setback from the front boundary, it can be expected that the sign would be out of scale with the buildings nearby.

In his initial advice Council’s Heritage Advisor recommended a height comparable to the proposed awning. Under the circumstances this would appear the more appropriate standard to apply. It would result in a 10% reduction in height for the sign compared to what the applicant wants, but should pull the massing and scale of the sign back to a bulk and height that relates to the associated buildings. Attached is a condition of consent addressing this issue.

Issue 11: “A professional landscape design has been undertaken by Taylor Brammer and is included with this application. It specifies the planting to the SW & SE boundaries and northern corner. The design enables an easily maintained natural element to the project. Council’s follow up email on 03/05/2018 declares that if a block wall is required, it needs to be planted with a creeper plant specified by the Landscape Architect. This is depicted on the Landscape Plans accompanying this application”.

The applicant has submitted a landscaping plan, but the densities, planting areas and plant selections are inadequate and/or inappropriate. The consulting landscape designer is known to have landscaping experience, but this particular plan is unsuited to the site conditions. The principal plantings are centred on six trees, of the following species:

Backhousia citriodora (common names lemon myrtle, lemon scented myrtle, lemon scented ironwood): Two specimens proposed. A cultivated ornamental plant theoretically capable of a mature height of 6m, but in practice more usually 3m. It can be grown from tropical to warm temperate climates, and may handle cooler districts provided it can be protected from frost when young. It is unsuitable to the local growing conditions because of this.

Backhousia myrtifolia (common names include carrol, carrol ironwood, neverbreak, ironwood or grey myrtle, Australian lancewood and Cinnamon myrtle): Two specimens proposed. This specimen is a rainforest tree species which grows in subtropical rainforests of Eastern Australia and is known to reach a mature height of over 30m. It is unsuitable for this site because the species is not frost tolerant and the expected height cannot be supported on such a small sized lot.

Melaleuca leucadendra, (common names weeping paperbark, long-leaved paperbark or white paperbark): Two specimens are proposed. This is widespread in northern Australia, South East Asia and New Guinea. It is a tree with an expected mature height in excess of 20 m. Although it will withstand some frost, it is not recommended for cold areas such as mountainous regions or Tasmania. It will grow well in most other areas.

Clearly the species selection is inappropriate. Further, it is considered appropriate for a landscaping strip to be installed in the currently concreted verge area to a bed width not less than 1.5m and incorporating tree plantings that are suited to local climate and growing conditions, and able to achieve a minimum height of 4m. This landscape strip shall be provided on the southern side of the pavement, just above the cutting that steps down to the Mitchel Highway. Attached is a recommended condition of consent addressing this issue.

Issue 12: All lighting within the fuel canopy will be fully recessed to reduce glare as stated in our email response (sent 04/04/2018).

Noted. Conditions to ensure compliance are included in the consent.

Issue 13: The majority of requests of Council have been updated on our drawings accompanying this application and although there is a small amount of internally illuminated signage we believe they work well within the desires of Council and the Lucknow Scoping Study in providing easily navigable streetscape and also easily recognised landmark to the entry of Lucknow.

On planning grounds, it is considered the applicant’s discussion so as to allow internal illumination whilst the business is trading is reasonable. However, at times when the business is not trading it is considered appropriate to require internal lighting, except that needed for security and safety purposes, to be switched off during the overnight period. A condition relating to the ongoing performance standards is included to ensure compliance with this outcome.

Heritage Advisor’s Final Advice (received 1 June 2018)

“I have reviewed the current revised drawings and agree on the conditional approach as they have met or negotiated all of the issues and recommendations made.

On the conditions, you may be wise still to write in some of the items which have been agreed but are not specified on the drawings:

· All blockwork walls are to be fully concealed on all exposed surfaces by planting in the form of a creeper specified by the landscape consultant with appropriate planting media, watering and the means of adhering to the subject walls;

· All lighting to the soffit of the fuelling canopy is to be fully recessed from the soffit surface;

· The soffit to the fuelling canopy is to be equal to the Colorbond standard custom orb profile in Shale Grey

· The colour of the gable infills is to be Windspray”

The supplementary advice by the Heritage Advisor reinforces certain issues, but does not eliminate the original concerns. Conditions are included to address these final heritage matters. In addition to these formal responses, the Heritage Advisor is strongly supportive of additional landscaping along the frontage.

Part 7 - Additional Local Provisions

7.1 - Earthworks

This clause establishes a range of matters that must be considered prior to granting development consent for any application involving earthworks, such as:

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

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

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

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

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

(f) the likelihood of disturbing relics

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

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

The earthworks proposed within the application are considered ancillary to the principle development. There are significant earthworks proposed along the southern shared boundary, with an existing sloped batter to be replaced by a retaining wall approximately 1.3m high. Removal of the batter will require excavations at the base of the batter to approximately 3m past its present position to allow the retaining wall to be installed at the boundary. This will require conditions to address the structural adequacy of the retaining wall, as well as ensuring that such works minimise the damage to the adjoining (southern) neighbour’s landscaping.

The proposed earthworks also envisage the removal of the existing underground storage tanks. Other earthworks proposed in the application relate primarily to the grading and filling of the site to provide a more level area for vehicles to utilise the development. The extent of cut/fill required is approximately 300-500mm. The extent of earthworks and the degree of disruption to the drainage of the site are considered to be minor and will not detrimentally affect adjoining properties or receiving waterways.

The site is not known to contain any Aboriginal objects, or European or archaeological relics. Previous known uses of the site do not suggest that any object or relics are likely to be uncovered. The site is not in proximity to any waterway, drinking water catchment or sensitive area. Notwithstanding this, conditions are imposed that require a sediment control plan, including silt traps and other protective measures, to ensure that loose dirt and sediment do not escape the site boundaries.

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.

Council’s Technical Services Division has assessed the development in regards to stormwater. Relevant conditions are attached to ensure that the post-development run-off levels do not exceed pre-development levels.

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.

7.7 - Drinking Water Catchments

(1) The objective of this clause is to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages.

(2) This clause applies to land identified as “Drinking water” on the Drinking Water Catchment Map.

(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider whether or not the development is likely to have any adverse impact on the quality and quantity of water entering the drinking water storage, having regard to:

(a) the distance between the development and any waterway that feeds into the drinking water storage, and

(b) the onsite use, storage and disposal of any chemicals on the land, and

(c) the treatment, storage and disposal of waste water and solid waste generated or used by the development.

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

(a) the development is designed, sited and will be managed to avoid any significant adverse impact on water quality and flows, or

(b) if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised - the development will be managed to mitigate that impact.

The subject property is located within the City water supply catchment, and the discharge or release of contaminated or unsafe runoff to the catchment tributaries of the town water supply is a matter for concern since the site is relatively close to such water supply watercourses. It is considered that the risks posed by contaminants, particulates or bacterial water can be managed by standard erosion and sediment control, and water quality control measures, and that such risks as may arise are not excessive. It is considered that the effects arising from the proposed development do not pose a significant risk to public health if contained in the manner set out in the application and the attached consent.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 - Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land (SEPP 55) is applicable. Pursuant to Clause 7 Contamination and remediation to be considered in determining development application:

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

(a) it has considered whether the land is contaminated, and

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

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

Under Clause 7 of the SEPP, Council must consider whether the land is contaminated and if the land requires any form of remediation to render it suitable for the purpose for which it is proposed to be used. The previous land uses must be considered, along with any visible or tangible evidence on the site.

The subject property has for many years been used as a service station and convenience store (it is believed that this use extends back to 1947), which acts as a trigger for a preliminary contamination assessment under Council’s draft remediation strategy. The structure of Council's contamination strategy can be found in the quick reference guide produced by Contamination Central at the time of the adoption of the draft policy, and should be used in the assessment of the preliminary site investigation, which the applicant has completed and submitted as part of the application. The submitted report is by NEO Consulting).

There is a flowchart that sets out the procedures when receiving new development applications.

This flow chart is reproduced below:

Figure 5 - development assessment flowchart

Initial Evaluation - matters for consideration

Figure 6 - determining if the property is on the Contaminated Lands Information System (CLIS)

The subject land is not on Council’s local CLIS (contaminated lands register). It is not recorded on the EPA register as being contaminated. The Consultant is silent on whether the site is on a contamination register.

Figure 7 - checking previous reports

There are no reports on the CLIS relevant to this matter. The consultant’s report does not mention any reports or notations on adjoining land.

Figure 8 - site inspections

Site inspections have been carried out by both staff and the applicant’s consultant. Potential sources of contamination on the site were identified as the forecourt and the fuel fill spill box. Petroleum hydrocarbon contamination is possible in delivery, storage and dispensing of fuel and oil products, spills and overflows at refilling, and leakage of underground storage tanks due to corrosion and leakages of feeder lines due to pipe work failures. Contamination is possible from fuel spills and overflows at the time of refilling and pump dispensing.

Potential contaminants include:

· unleaded petrol - detected by laboratory analysis of TRH (C6-C40) and BTEX

· leaded petrol - detected by laboratory analysis of lead TRH (C6-C40) and BTEX

· diesel - detected by laboratory analysis of TRH (C10-C40) and naphthalene

· movement of contaminants is possible in the groundwater or underground electricity, stormwater, sewer and telephone services conduits.

Preliminary test results undertaken by the consultant do not show any significant signs of site contamination, however it is noted that at the underground storage tanks have not been removed, rendering it impossible for the consultant to have tested under the tanks (where contamination hotspots most usually occur).

To address this shortcoming in the available information, a condition requiring further soil testing following removal of the tanks with the results being submitted to Council. In the event that contamination is found post removal of the tanks it will be necessary to stop work and seek further consent for Category 1 Remediation given the location of the development within a heritage conservation area.

Figure 9 - site history

A complete site history is unavailable.

The site has been used as a small service station with convenience store for many years. The known development history is not fully known but does include the following:

On 3 August 1989 and application to upgrade and modify the existing service station was refused. In the report to Council at the time the site was described as having been used as a service station since at least 1947. It had been proposed to increase the size of the building and also to increase the number of fuel dispensing points. The application was refused on the grounds of inadequate parking on the site. There was no mention of possible contamination of the site at that time.

DA 02/044, an application to modify the subdivision boundaries, was approved. No mention of possible site contamination was included in the assessment.

Service stations are included in appendix A as a potential contaminating land use.

Analytical Results Summary

Soil analytical results are summarized and compared to the relevant assessment criteria in the consultant’s report as follows:

The reported concentration of Benzene was less than the laboratory LOR (limit of reporting –detection limit) to which was less than the adopted assessment criteria. Toluene - The reported concentration of Toluene was less than the laboratory LOR (limit of reporting –detection limit) to which was less than the adopted assessment criteria.

Ethylbenzene - The reported concentration of Ethylbenzene was less than the laboratory LOR (limit of reporting –detection limit) to which was less than the adopted assessment criteria.

Xylene (total) - The reported concentration of Xylene (total) was less than the laboratory LOR (limit of reporting –detection limit) to which was less than the adopted assessment criteria.

TPH (C6-C10) Less BTEX (F1) - The reported concentration of TPH (C6-C10) Less BTEX (F1) was 110mg/kg, to which was less than the adopted assessment criteria.

TPH (>C10-C16) Less Naphthalene (F2) - The reported concentration of TPH (>C10-C16) Less Naphthalene (F2) was 100mg/kg, to which was less than the adopted assessment criteria.

TPH (>C16-C34)(F3) - The reported concentration of TPH (>C16-C34) was less than the laboratory LOR (limit of reporting –detection limit) to which was less than the adopted assessment criteria.

TPH (>C34-C40)(F4) - The reported concentration of TPH (>C34-C40) was less than the laboratory LOR (limit of reporting –detection limit) to which was less than the adopted assessment criteria.

Naphthalene - The reported concentration of Naphthalene was less than the laboratory LOR (limit of reporting –detection limit) to which was less than the adopted assessment criteria.

Lead - The reported concentration of Lead was less than the laboratory LOR (limit of reporting –detection limit) to which was less than the adopted assessment criteria. Total PAHs - The reported concentration of Total PAHs was less than the laboratory LOR (limit of reporting –detection limit) to which was less than the adopted assessment criteria.

Field observations and analytical results indicate that there was no hydrocarbon impact in soil at the site from sample locations above the adopted assessment guidelines

Conclusion on the need to submit an Environmental Site Assessment

The preliminary site assessment under the Council draft guidelines indicates a need for an ESA. The applicant has responded to this by submitting a report that generally complies to the Contaminated Lands Assessment Guidelines. However, this assessment does not include the area beneath the underground storage tanks.

A condition is included requiring that further testing is required following the removal of those tanks. In the event that no contamination is detected under the tanks, a validation report is required to be submitted to Council. In the event that contamination levels are found in the soils under the tanks, further work on the development would need to stop pending the processing of an application for Category 1 remediation (remediation requiring further consent), followed only then by a further validation report. In the event that no contamination is revealed after the tank removal, the applicant can proceed simply to validation of the site.

State Environmental Planning Policy 33 - Hazardous and Offensive Development

This policy seeks to ensure that the consent authority has sufficient information to assess whether a development is potentially hazardous or offensive, and to impose conditions to reduce or minimise any adverse impacts. The policy sets out the definition of a ‘potentially hazardous industry’ as follows:

a development for the purposes of any industry which, if the development were to operate without employing any measures (including, for example, isolation from existing or likely future development on other land) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would pose a significant risk in relation to the locality:

(a) to human health, life or property, or

(b) to the biophysical environment,

and includes a hazardous industry and a hazardous storage establishment.

Guidelines titled Applying SEPP 33 Development Application Guidelines and Multi Level Risk Assessment Guidelines are particularly relevant to this application, among others. The applicant has prepared a Multi-Level Risk Assessment and PHA in accordance with these guidelines which concludes that the proposed development is within the risk thresholds set by the supporting guidelines.

The multi risk assessment’s principal recommendation is that all equipment to be installed on the site be installed strictly in accordance with the manufacturer’s specifications. The following conditions are included in the consent as a result of that recommendation:

· All equipment must be installed to manufacturer’s recommendations and must comply with all the relevant standards listed within.

· Specific safety features of the site, as set out in the submitted Preliminary Hazard Analysis (PHA) submitted with the Development Application shall be adhered to strictly at all times. The applicant shall ensure that safety procedures are well posted on the site and shall further ensure that all staff are adequately inducted as to correct safety procedures and protocols as set out in the PHA.

· Prior to the issuing of an Occupational Certificate, the Applicant shall submit to Council documentation demonstrating that the following plans and systems have been developed and implemented:

(a) TRANSPORT OF HAZARDOUS MATERIALS

Arrangements covering the transport of hazardous materials including details of routes to be used for the movement of vehicles carrying hazardous materials to or from the development. The routes selected shall be consistent with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 11, ‘Route Selection’. Suitable routes identified in the study shall be used except where departures are necessary for local deliveries or emergencies.

(b) EMERGENCY PLAN

A comprehensive Emergency Plan and detailed emergency procedures for the development. The plan shall be consistent with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 1, ‘Emergency Planning’.

(c) SAFETY MANAGEMENT SYSTEM

A comprehensive Safety Management System, covering all on-site operations and associated transport activities involving hazardous materials. The Safety Management System shall be consistent with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 9, ‘Safety Management’.

Assessment Guidelines Appendix 6 - Ongoing Acceptability

The guidelines state:

"If, following the assessment of a PHA and other considerations, Council considers that the proposal can proceed, it should consider imposing relevant hazards-related conditions as recommended by the Department. This condition will help ensure the ongoing safety of a potential development."

Not all of the recommended conditions are considered relevant to this situation. It is recommended that the following condition be included to address this issue.

· Twelve (12) months after the commencement of operations of the development, and every three (3) years thereafter, the Applicant shall carry out a comprehensive Hazard Audit of the proposed development consistent with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 5, ‘Hazard Audit Guidelines’. The audit shall be carried out by a qualified person or team, independent of the development. Compliance documentation shall be submitted to the Council within 28 days from the date of the audit.

State Environmental Planning Policy (Infrastructure) 2007

Development In Or Adjacent To Road Corridors And Road Reservations

The provisions of the SEPP place a requirement to obtain RMS concurrence to this proposal. This was done early in the process, but there were difficulties in getting the RMS to agree to the proposal until changes were made to the access and vehicle queuing arrangements, and restrictions were placed on the size of vehicles fuelling from the site.

By letter dated 28 August 2018, the RMS has granted conditional concurrence to the proposed development. The conditions are included in the draft Notice. RMS preamble in their concurrence letter notes the following main points:

“I refer to an email from Craig Ridgewell from MCHP Architects on 10 August 2018 referring amended plans (Reference 17-077-DA07 and 17-077-DA08) to Roads and Maritime Services and Council for comment. Reference is also made to Roads and Maritime’s previous submission in relation to this proposal dated 19 June 2018 and a telephone conversation between Roads and Maritime’s Andrew McIntyre and Council’s Michael Glenn on 27 August 2018.

Roads and Maritime notes the amended plans show left and right turn treatments on the Mitchell Highway servicing the site and, includes an undertaking by the proponent to restrict access to the site to vehicles 12.5m and below (with one exception, the 19 metre tanker required to refill storage tanks).

Following review of the amended plans, Roads and Maritime, pursuant to clause 104 of State Environmental Planning Policy (Infrastructure) 2007, does not object to the proposed development and provides the following recommendations for Council’s consideration”:

(the recommendations have been included as conditions in the consent)

The solution settled upon by the RMS has raised concern

Program	Adopted Budget	Actual/	Remaining
Program	Adopted Budget	committed	balance
General Donations ¹	$55,000.00	$51,200.00	$3,800.00
Wood and Heating Bank Vouchers	$5,000.00	$5,000.00	$0.00
Major Promotions ²	$45,500.00	$45,500.00	$0.00
Emergent Funding Quarter 1	$5,000.00	$5,000.00	$0.00
Emergent Funding Quarter 2	$5,000.00	$5,000.00	$0.00
Emergent Funding Quarter 3	$5,000.00	$5,000.00	$0.00
Emergent Funding Quarter 4	$5,000.00	$3,132.03	$1,867.97
Other Funding Sources		$4,680.00
Orange Harness Racing	$20,000.00	$20,000.00	$0.00
Waratah’s Sporting Club contribution	$96,354.00	$96,354.00	$0.00
Sports Participants Grants	$13,900.00	$5,391.00	$8,509.00
Sports Capital Improvement Grants	$50,000.00	$50,000.00	$0.00
TOTAL	$305,754.00	$296,257.03	$14,176.97

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