Ordinary Council Meeting
Agenda
18 December 2018
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that an Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 18 December 2018 commencing at 7.00Pm.
Garry Styles
General Manager
For apologies please contact Administration on 6393 8218.
Council Meeting 18 December 2018
EVACUATION PROCEDURE
In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.
Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.
In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
1.4 Acknowledgement of Country
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 04 December 2018
4 Notices of Motion/Notices of Rescission
4.1 Rescission Motion - Robertson Park Toilets by Cr K Duffy, Cr S Munro and Cr S Nugent
4.2 Notice of Motion - Glenroi Oval by Cr S Nugent and Cr J Hamling
4.3 Notice of Motion - Mayoral Vehicle Registration Plates by Cr G Taylor and Cr R Turner
4.4 Notice of Motion - Public Forum on Roads and Footpath Program by Cr J Hamling
4.5 Notice of Motion - Councillors Working With Children Checks by Cr G Taylor and Cr J Whitton
4.6 Notice of Motion - Security at Orange Airport by Cr S Romano and Cr M Previtera
5.1 Recommendations and Resolutions from Policy Committees.
5.3 Requests for Financial Assistance
5.4 Purchase of Printer for Use by Councillors
5.5 Development Application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow
5.6 Road Closure Application - Part Pinnacle Road Orange
6 Closed Meeting - See Closed Agenda
6.1 2018-2019 Icely Road Water Main Renewal
6.2 2018-2019 Sewer Rehabilitation Tender Assessment
6.3 Contracts for Linemarking Services
7 Resolutions from closed meeting
1 Introduction
1.1 Apologies and Leave of Absence
1.2 LIVESTREAMING AND RECORDING
This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.
1.4 Acknowledgement of Country
1.5 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
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Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.
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2.1 Mayoral Report Centroc AGM, Centroc Board Meeting and Central NSW Joint Organisation Minutes 22 November 2018
RECORD NUMBER: 2018/3073
Mayoral Minute
I attended the Centroc Annual General Meeting in Oberon at Mayfield Gardens on Thursday 22 November 2018. It marked the last official AGM of Centroc and the last Annual Report was presented. Copies will be sent to every Councillor in the region.
The Centroc Board and Central NSW Joint Organisation Board meetings were also held that afternoon.
Cr John Medcalf, Mayor of Lachlan Shire Council was re-elected as Chair and Cr Scott Ferguson, Mayor of Blayney Shire Council, was re-elected as Deputy Chair.
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That the information contained in this Mayoral Minute be acknowledged.
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Reg
Kidd
Mayor
SUPPORTING INFORMATION
As you are aware, Councils in Central NSW have resolved to transition from Centroc to the Central NSW Joint Organisation. This region decided to take a thorough approach to the Joint Organisation’s strategy. A Steering Committee was elected to progress this and the Western Research Institute (WRI) were engaged to undertake the work.
In line with this approach, the Steering Committee wanted every Mayor and General Manager to be interviewed on a per member Council basis. Interviews were also conducted with other key stakeholders including from State agencies. The advice from the interviews informed the first half day workshop which was held in the morning, before the three meetings.
All members of the Joint Organisation, including the Department of Premier and Cabinet, were represented and the workshop was well received. Thanks to Kathy Woolley from WRI for facilitating the session. Advice from this session will inform options to be progressed through the Steering Committee. The final workshop will be in February.
At the AGM the Priority Portfolios were elected as follows:
Transport - Cr Ken Keith, Mayor of Parkes Shire Council
Water – Cr David Somervaille, Chairman, Central Tablelands Water
Health - Cr John Medcalf, Mayor of Lachlan Shire Council
Regional Development - Cr Bill West, Mayor of Cowra Shire Council
Planning – Cr Reg Kidd, Mayor of Orange City Council
For more delegations and the meeting dates for 2019, please see the Centroc AGM Minutes attached.
Just before lunch the Board were treated to a spectacular tour of the Mayfield Gardens.
I provide the following report for Council’s information, along with the meeting minutes for the Centroc AGM and Board and the Central NSW Joint Organisation.
Transport Infrastructure - The Centroc Board continue advocating for a safe swift link between Central NSW and Western Sydney. Recent advice is that there will not be a report provided by the Taskforce led by Lt Gen Ken Gillespie (the Taskforce), rather its role is to provide periodic personal briefings to Ministers. This is disappointing.
The Board is seeking access to any final report under development by the Taskforce and meetings with State representatives, especially Deputy Premier, The Hon John Barilaro are being pursued through the Member for Bathurst’s Office to discuss the matter.
A submission to the Sydney Airport Masterplan was lodged in line with existing policy on retaining regional slots.
Water Infrastructure - The Executive has committed $7,500 towards a scoping study for the Lithgow to Kings Plains’ Pipeline and Cr B West endorsed as the Central NSW JO Representative on the Steering Committee for this project. The purpose of the Lithgow to Kings Plains’ Water Transfer Pipeline project is to increase water security for the region.
A submission to the Public consultation on the draft Water Resource Plan and draft Water Sharing Plan for Lachlan Surface Water 2019 is to be developed.
18 Operators from Cowra, Parkes, Forbes, Orange and Bathurst were certified under the National Framework for Water Operators administered by the Water Industry Operators Association at a ceremony in Parkes on 30 October. The culmination of 6 years of work, this was a proud moment and testament to the region’s commitment to drinking water quality.
Please refer to the detailed Water Infrastructure Board Report.
Health – The Board resolved to seek a briefing from Orange City Council on its proposed Special Activation Precinct.
Regional Development – The Chair of RDACW, Ms Christine Weston was in attendance and requested the status for reviewing the RDACW and Centroc MOU. This is being progressed through the JO.
A Macquarie University student contacted Screen Central about their interest in a fictional student film called “Drought”. The film intends to highlight the drought currently affecting many farmers and their livelihoods in Australia. The students hope that this project will help create awareness of the struggles of our farmers and are wanting to source vacant towns/shops, empty paddocks and farmhouses for filming. Their interest is to travel to the Lithgow, Bathurst and Oberon regions and Bathurst and Lithgow have assisted with some location suggestions.
A group of five photographers travelled to Oberon and surrounding villages in mid-September 2018. They located the owner of the Mountain View Homestead and plan to travel back to the region next year when there is snow around. They met with the Deputy Mayor who provided an update on what the current owners’ plans were for the Malachi Hall. Their pictures of Oberon and surrounding villages have been uploaded onto the individual photographer’s Facebook page and once permission is given, Screen Central will be able to share these images.
Planning – An update on the Priority Projects of the Central West and Orana Regional Plan from NSW Government Planning and Environment was listed.
Of note in the Implementation Plan is item 3.4 – Develop a Food and Fibre Strategy for the Central West. To progress this, a meeting of EDO and Planning staff was coordinated for 10/11 September in Blayney and Forbes.
Tourism – An application for the Building Better Regions Fund was submitted. The intention is to broadly use the same material lodged in the unsuccessful application in December 17 with the addition of a leadership component predicated on the need for Central New South Wales to be resilient through climate impacts such as drought. A tailored approach to growing the visitor economy lead by Mayors and building on the success of the collaborative approach to tourism in Central New South Wales will address this challenge in the context of a broader campaign.
Various stakeholders have agreed to co-contribute both financially and in kind. Approaches have been made regarding measurement of the project to be co-contributed to by Destination Network Outback and Country and Western Research Institute. My Travel Research are partnering in this project financially with a view to learnings being shared more widely across Australia. They will deliver workshops and a tool kit with an implementation plan to progress the 10 most important actions Mayors of the region can undertake collaboratively to grow the visitor economy.
The total investment in Public Relations (PR) and media monitoring since February of this year has been $30,000. The public relations and media partnership campaign for Unearth Central NSW has generated valuable exposure and engagement for the region, with media coverage appearing across television, major state and regional newspapers, magazines and blogs. The region has hosted 6 media visits during 2018 (from February till October), issued themed and news orientated press releases and targeted Australian travel and lifestyle media to generate publicity opportunities to promote the diverse Central NSW region.
In quarters 1 and 2 of 2018, the equivalent advertising value was calculated at $577,800 with 31 media articles generated. Please note, no official media monitoring was in place for the first half of 2018.
In quarter 3 of 2018 and into quarter 4 of 2018, the equivalent advertising value was calculated at $1,334,562 with 47 media articles so far (until October 2018). Please note, official media monitoring came into effect as of July 2018, which saw an increase in media coverage opportunities that may have been missed without monitoring
Please refer to the Tourism Board report for the total list of publications and their value.
Operational – The Board were updated on the $9.84m in savings that Centroc has assisted members since 2009.
Southern Lights Streetlighting Forum was held in Orange on 16 October for its member councils to walk through the business cases that have been developed by Next Energy for individual councils. The Forum was attended by Bathurst, Blayney, Cabonne, Cowra, Forbes, Oberon and Orange.
In the coming weeks members can expect to receive proforma reports to Council recommending in principle support of the Southern Lights Project, with the heads of consideration as follows:
• Project benefits including being part of an aggregated approach
• Advice on individual Council business cases
• Funding opportunities
Over the next few weeks local MP’s of Bathurst, Orange and Cootamundra will have been updated on the business case of this project.
Opportunities in Energy Programming led through the Energy Group include:
• Assessment of the number of decorative lights in each LGA – Bathurst has a significant number of decorative lights which will affect the Southern Lights Business Case where the cost for a similar looking LED replacement will be drastically more expensive.
• Identification of areas where there is inadequate streetlighting with a view to correct the lighting spacing during the bulk LED rollout.
• Group procure of Power Factor Correction (PFC) devices and Variable Speed Drives (VSDs).
• Participation in a potential grant funded project aimed at solar carparks with EV charging.
• Group procure of onsite behind the meter solar PV and/or batteries.
Further information can be provided on any of the above projects.
Financial – The Centroc Board noted the anticipated full year profit of $42,977 at 30 June 2019 against a budgeted profit of $12,059.
All activities through Centroc and the Central NSW Joint Organisation are progressing well, members are asked to contact Executive Officer Ms Jenny Bennett at any stage with questions.
I commend this report to you for acknowledgement.
1 Minutes of the Centroc AGM, Centroc Board and Central NSW Joint Organisations Meetings - 22 November 2018, D18/66956⇩
Council Meeting 18 December 2018
2.1 Mayoral Report Centroc AGM, Centroc Board Meeting and Central NSW Joint Organisation Minutes 22 November 2018
Attachment 1 Minutes of the Centroc AGM, Centroc Board and Central NSW Joint Organisations Meetings - 22 November 2018
Minutes of AGM Thursday 22 November 2018 held in Oberon
Delegates in Bold
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Cr G Hanger |
Bathurst Regional Council |
Cr K Sajowitz |
Oberon Council |
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Mr D Sherley |
Bathurst Regional Council |
Mr G Wallace |
Oberon Council |
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Cr S Ferguson |
Blayney Shire Council |
Cr R Kidd |
Orange City Council |
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Ms R Ryan |
Blayney Shire Council |
Cr K Boyd |
Parkes Shire Council |
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Cr A Durkin |
Cabonne Council |
Cr P Best |
Weddin Shire Council |
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Mr S Harding |
Cabonne Council |
Mr L Gibson |
Weddin Shire Council |
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Cr D Somervaille |
Central Tablelands Water |
Ms C Weston |
RDACW |
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Mr G Rhodes |
Central Tablelands Water |
Mr A Albury |
DPC |
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Cr B West |
Cowra Council |
Ms K Purser |
OLG |
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Mr P Devery |
Cowra Council |
Ms J Bennett |
Centroc |
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Mr S Murru |
Forbes Shire Council |
Ms Meredith Macpherson |
Centroc |
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Cr J Medcalf |
Lachlan Shire Council |
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Mr G Tory |
Lachlan Shire Council |
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1 Meeting opened at 1:42pm Chaired by Cr J Medcalf
2 Apologies
Cr M Liebich, Cr K Keith, Cr K Beatty, Cr P Miller, Mr S Loane, Mr G Styles, Mr G Carroll, Cr R Thompson, Mr G Faulkner, Cr J Stafford, Mr J Bell, Cr B Ingram, Dr E Marks, Ms J Andrews,
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Resolved Cr B West/Cr R Kidd |
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That the apologies for the Centroc AGM meeting 22 November 2018 listed above be accepted. |
3 Minutes
Ratification of the Minutes of the AGM 23 November 2017
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Resolved Cr S Ferguson/Cr K Sajowitz |
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That the Minutes of the AGM 23 November 2017 be confirmed. |
4 Chairperson’s Report – Presentation of the Annual Report
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Resolved Cr J Medcalf/Cr R Kidd |
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That the Annual Report be received and accepted with copies sent to member Councils for circulation to all Councillors in the region. |
5 Election of new Executive
· Cr John Medcalf stepped down from Chair
· Mr G Wallace became Returning Officer and advised he had received 6 nominations all of which were in order.
· Cr John Medcalf was elected as Chair unopposed.
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Resolved Cr R Kidd/Cr B West |
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That the Board confirm Mr David Sherley as Executive Secretary and Chair of the General Managers’ Advisory Committee. |
· Cr Scott Ferguson was elected as Deputy Chair unopposed.
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Resolved Cr R Kidd/Cr B West |
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That the Centroc Board confirms that Cr K Keith, Cr R Kidd, Cr G Hanger and Cr K Sajowitz being the Mayors from, Parkes Shire Council, Orange City Council, Bathurst Regional Council and Oberon Shire Council as the ordinary members of the Centroc Executive. |
The Centroc Board welcomed the balance of the Executive:
· Cr B West as immediate past Chair
· Cr G Miller and Mr S Loane (Forbes) as Centroc Treasurer
· General Managers – Tory (Lachlan), Devery (Cowra), Boyd (Parkes), Styles (Orange) and Ryan (Blayney) forming the balance of the Executive
Cr J Medcalf Assumed Chair
6 Election of Centroc Delegates
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Resolved Cr R Kidd/Mr D Sherley |
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1. Cr S Ferguson will represent Centroc on the Western Region Academy of Sport
2. Charmaine Bennett will represent Centroc on the NSW Council Safe Advisory Network. A second representative will be provided if required.
3. Cr B West, Cr K Keith and Cr P Miller are the representatives for the Regional Strategic Transport Group
4. Cr J Medcalf and Cr S Ferguson are the representatives for The Western Mining Taskforce
5. Cr J Medcalf and Cr S Ferguson are the representatives for The Outer Sydney Orbital and Castlereagh Connection Corridor Steering Committee
6. Cr D Somervaille be the representative for the Lachlan Water Sharing and Water Resource Plan Stakeholder Advisory Panel
7. Cr B West be the representative for the Lachlan Valley Water Security Investigations Phase 2 – Community Reference Group |
6a Portfolio Mayors
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Resolved Cr R Kidd/Cr B West |
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Transport - Cr Ken Keith Water - Cr David Somervaille Health - Cr John Medcalf Regional Development - Cr Bill West Planning - Cr Reg Kidd |
7 Appointment of Auditor
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Resolved Cr R Kidd/Mr K Boyd |
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That Intentus be appointed as the Auditor for Centroc. |
8 Presentation of the Statement of Finances
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Resolved Mr P Devery/Mr D Sherley |
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That the Statement of Finances for Centroc be adopted. |
9 Meeting Dates for 2019
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Recommendation/s Mr D Sherley/ Mr K Boyd |
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That the meeting dates for the Central NSW JO Board and any Centroc meetings for 2019 be:
Board
Executive & GMAC
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Meeting closed at 2.08pm
Page 3 is the last page of the Centroc AGM Minutes 22 November 2018 held in Oberon
Minutes of the Board Meeting 22 November 2018 held at Mayfield Gardens, Oberon
Board Delegates in bold
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Cr G Hanger |
Bathurst Regional Council |
Cr K Sajowitz |
Oberon Council |
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Mr D Sherley |
Bathurst Regional Council |
Mr G Wallace |
Oberon Council |
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Cr S Ferguson |
Blayney Shire Council |
Cr R Kidd |
Orange City Council |
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Ms R Ryan |
Blayney Shire Council |
Cr K Boyd |
Parkes Shire Council |
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Cr A Durkin |
Cabonne Council |
Cr P Best |
Weddin Shire Council |
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Mr S Harding |
Cabonne Council |
Mr L Gibson |
Weddin Shire Council |
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Cr D Somervaille |
Central Tablelands Water |
Ms C Weston |
RDACW |
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Mr G Rhodes |
Central Tablelands Water |
Mr A Albury |
DPC |
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Cr B West |
Cowra Council |
Ms K Purser |
OLG |
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Mr P Devery |
Cowra Council |
Ms J Bennett |
Centroc |
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Mr S Murru |
Forbes Shire Council |
Ms Meredith Macpherson |
Centroc |
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Cr J Medcalf |
Lachlan Shire Council |
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Mr G Tory |
Lachlan Shire Council |
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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
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Resolved Mr D Sherley/Cr B West |
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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
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Resolved Mr D Sherley/Mr K Boyd |
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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
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Resolved Mr G Wallace/Cr D Somervaille |
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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
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Resolved Cr R Kidd/Mr D Sherley |
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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
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Resolved Mr D Sherley/Mr S Harding |
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That the Board note the Matters in Progress, making deletions as suggested. |
6 Correspondence
6a Correspondence In
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Resolved Mr K Boyd/Mr P Devery |
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That the Board note the incoming correspondence. |
6b Correspondence Out
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Resolved Mr D Sherley/Mr S Harding |
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That the Board note the outgoing correspondence. |
7 Reports
7a Transport Infrastructure including Bells Line of Road
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Resolved Mr K Boyd/Mr D Sherley |
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That the Board note the Transport Infrastructure Report; 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
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Resolved Cr D Somervaille/Mr K Boyd |
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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
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Resolved Cr J Medcalf/Mr D Sherley |
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That the Board note the Health report and seek a briefing from Orange City Council on its proposed Special Activation Precinct. |
7d Regional Development
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Resolved Cr B West/Mr K Boyd |
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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
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Resolved Cr R Kidd/Mr D Sherley |
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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
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Resolved Ms R Ryan/Cr B West |
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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
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Resolved Mr D Sherley/Mr P Devery |
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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
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Resolved Mr K Boyd/Mr D Sherley |
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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
Minutes of the Central NSW Joint Organisation meeting 22 November 2018 Mayfield Gardens, Oberon
Attendees, voting members in bold.
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Cr G Hanger |
Bathurst Regional Council |
Cr K Sajowitz |
Oberon Council |
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Mr D Sherley |
Bathurst Regional Council |
Mr G Wallace |
Oberon Council |
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Cr S Ferguson |
Blayney Shire Council |
Cr R Kidd |
Orange City Council |
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Ms R Ryan |
Blayney Shire Council |
Cr K Boyd |
Parkes Shire Council |
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Cr A Durkin |
Cabonne Council |
Cr P Best |
Weddin Shire Council |
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Mr S Harding |
Cabonne Council |
Mr L Gibson |
Weddin Shire Council |
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Cr D Somervaille |
Central Tablelands Water |
Ms C Weston |
RDACW |
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Mr G Rhodes |
Central Tablelands Water |
Mr A Albury |
DPC |
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Cr B West |
Cowra Council |
Ms K Purser |
OLG |
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Mr P Devery |
Cowra Council |
Ms J Bennett |
Centroc |
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Mr S Murru |
Forbes Shire Council |
Ms Meredith Macpherson |
Centroc |
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Cr J Medcalf |
Lachlan Shire Council |
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Mr G Tory |
Lachlan Shire Council |
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Meeting opened 2.08pm, Chaired by Chair Cr John Medcalf
Apologies - Cr M Liebich, Cr K Keith, Cr K Beatty, Cr P Miller, Mr S Loane, Mr G Styles, Mr G Carroll, Ms J Andrews,
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Resolved Cr B West/Cr R Kidd |
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That the apologies for the Central NSW Joint Organisation Board meeting 22 November 2018 listed above be accepted. |
2 Minutes
2a Confirmation of the Minutes of the Central NSW Joint Organisation meeting 23 August 2018 at Parliament House Canberra
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Resolved Cr S Ferguson/Cr G Hanger |
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That the Central NSW Joint Organisation Board confirm the Minutes of the meeting 23 August 2018 held in Parliament House Canberra. |
2b Confirmation of the Minutes of the Central NSW Joint Organisation meeting 2 October 2018 at Bathurst Regional Council office via phone conference
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Resolved Cr R Kidd/Cr B West |
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That the Central NSW Joint Organisation Board confirm the Minutes of the meeting 2 October 2018 at Bathurst Regional Council office via phone conference. |
1. Business Arising from the Minutes – Matters in Progress
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Resolved Cr B West/Cr R Kidd |
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1. Payment of Expenses and the Provision of Facilities to Board Members Policy; and 2. Code of meeting practice. |
3. Report from Joint Organisation Chairs
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Resolved Cr B West/Cr R Kidd |
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That the Board note the report from the meetings of the Joint Organisation Chairs and 1. With regard to the priorities identified by the Chairs of the Joint Organisations, Central NSW Joint Organisation recommends that: a. Effort be undertaken to identify those priorities that ought be progressed through Local Government NSW and provide this advice to the peak body (LGNSW) accordingly; b. Feedback be provided to the Chairs of Joint Organisations regarding Central NSW Joint Organisations once these have been finalised through the strategic process; c. This region supports the notion of a Forum of Joint Organisation Chairs for the short-term purpose of information sharing noting there may be further value once the various Joint Organisations in the State are fully operational; and 2. Endorse the Terms of Reference for the Forum of Joint Organisation Chairs. |
4. Regional Priorities
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Resolved Cr K Sajowitz/Cr G Hanger |
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That the Joint Organisation Board note the report on regional priorities, adopt the interim Statement of Strategic Regional Priorities and with regard to the specifics of five priorities for advocacy leading into the State election focus on the following: 1. Support for a safe swift link between Central NSW and Sydney; 2. Raising the wall at Wyangala; 3. Fully funding of the Southern Lights Project; 4. Progressing the Blayney to Demondrille Line; and 5. Recognition of the role of this region in leading the State in the development of Special Activation Precincts in Parkes, Orange and Bathurst. |
5. Working with Local Government NSW
Resolved Cr R Kidd/Cr A Durkin
Note the report and to progress opportunities for collaboration once its new Executive Officer is in
place.
6. ALGA priorities support report
Resolved Cr S Ferguson/Cr G Hanger
That the Centroc Board note the report on the Australian Local Government priorities and advocate in their support, in particular;
1. restore Federal Assistance Grants to at least 1% of Commonwealth Tax Revenues;
2. fund the development of the Local Government Higher Productivity Investment Plan starting at $200m pa for five years;
3. increase R2R funding to $800m and make the Bridges Renewal Program permanent;
4. invest in a Local Government Community Infrastructure Program of $300m pa for four years, with a separate stream for regional and rural communities;
5. fund a targeted disaster mitigation program of $200m pa for four years;
6. establish a Local Government Climate Change Partnership Fund of $200m pa for four years;
7. invest in a Local Government Place-Based Preventative Health and Activity Program of $100m over four years;
8. continue to provide at least $5.5bn over the next 10 years for Indigenous well-being;
9. fund a Digital Local Government and Rural / Regional Telecommunications Program of $100m over four years;
10. develop a national waste and resource recovery strategy underpinned by circular economy principles, the waste hierarchy, product stewardship and extended producer responsibility;
11. reinstate a nation governance model that addresses homelessness and housing affordability that includes local government; and
12. adjust the identified roads component of the Federal Assistance Grants to make the additional funding for South Australia permanent.
7. Joint Organisation Funding Framework report
Resolved Cr K Sajowitz/Cr B West
That the CNSWJO Board note the Joint Organisation Funding Framework Report and seek to codesign an approach to the funding of Joint Organisations with the State using the following considerations:
1. The principle of subsidiarity;
2. Councils should control the JO;
3. Councils retain control over their assets;
4. Funding should not be “readministered” by the JO or be cost shifting, so for example the single invitation RMS contracts would not be administered by the JO;
5. The greater opportunity is working with the State to leverage Federal funding;
6. Funded activities should add value to member Councils;
7. JOs should not be a fourth tier of government;
8. JOs should not add more red tape;
9. This region seeks to work collaboratively with the State Government to codesign better processes in the interests of our communities;
10. State agencies be resourced and have delegation in the region to deliver collaborative programming with Joint Organisations;
11. Ongoing administrative funding for codesigned programming that has state and local shared value is welcome; and
12. Benefit Cost Ratio and other Treasury guidance ultimately leads to difficulties with accessing funding for regional Councils where the more remote the Council the greater the challenges.
8. Administration Update
Resolved Cr A Durkin/Cr G Hanger
That the Board note the timeline for the implementation of the JO.
9. Financial Report
Resolved Cr B West/ Cr S Ferguson
That the Board note the Financial Report.
· Cr West requested the next meeting give consideration to membership of other entities.
· RDA Central West requested progression of the MOU.
Next meeting of the Joint Organisation is 28 February 2019
Meeting closed 2.36pm
Page 3 is the last page of the Central NSW Joint Organisation meeting 22 November 2018
3 Confirmation of Minutes of Previous Meeting
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RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 4 December 2018 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 4 December 2018. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 4 December 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
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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
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2 Mayoral Minutes
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2.1 Ophir Carpark Fees over the 2018 Christmas Period TRIM Reference: 2018/3009 |
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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.
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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
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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. |
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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. |
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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.
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3.1 Recreational use of Gosling Creek, Spring Creek and Suma Park Dams - Report Following Public Exhibition TRIM Reference: 2018/2649 |
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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. |
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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.
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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.
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NOTICE WAS GIVEN OF A FORESHADOWED AMENDMENT BY CR J MCRAE AND WAS SUBSEQUENTLY WITHDRAWN
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST WITH EQUALITY OF VOTING AND ON A CASTING VOTE WAS DEFEATED
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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.
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED
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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.
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* 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
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4.1 Notice of Motion - Chair Lift Mount Canobolas TRIM Reference: 2018/2867 |
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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.
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* Cr J McRae and Cr S Nugent requested that their names be recorded as having voted against this decision of Council *
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4.2 Level 3 Water Restrictions TRIM Reference: 2018/3037 |
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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. |
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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. |
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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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.
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5 General Reports
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5.1 NSW Regional Technology Expo 2019 TRIM Reference: 2018/2171 |
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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. |
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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.
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5.2 Acquisition of Crown Land - Part Lot 7307 DP1163739 for Road Construction TRIM Reference: 2018/2601 |
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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.
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5.3 Lease Part Wilima Walk, Ploughmans Lane TRIM Reference: 2018/2906 |
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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.
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5.4 Foodie Night Markets application to operate on Council owned/managed land TRIM Reference: 2018/2981 |
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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.
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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.
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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 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 and (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 6.4 Tender for Construction of Southern Feeder Road Stage 2 and Railway Overbridge - F2811 This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 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.
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6.1 Expression of Interest - New Animal Shelter TRIM Reference: 2018/2980 |
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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.
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6.2 Sale Industrial Land - Lot 804 DP 1240445 TRIM Reference: 2018/2814 |
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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.
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6.3 Tender OC FutureCity Planning and Development Framework TRIM Reference: 2018/2907 |
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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.
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Division of Voting |
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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 |
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Voted Against |
Nil |
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Absent |
Nil |
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6.4 Tender for Construction of Southern Feeder Road Stage 2 and Railway Overbridge - F2811 TRIM Reference: 2018/2959 |
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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.
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Division of Voting |
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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 |
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Voted Against |
Nil |
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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.
4 Notices of Motion/Notices of Rescission
RECORD NUMBER: 2018/3087
We, Cr Kevin Duffy, Cr Scott Munro and Cr Stephen Nugent wish to move the following Notice of Rescission at the Council Meeting of 18 December 2018:
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That Council rescind the following decision of the Planning and Development Meeting of 4 December 2018:
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Signed Cr Kevin Duffy Cr Scott Munro Cr Stephen Nugent
RECORD NUMBER: 2018/2976
I, CR Stephen Nugent and cr jason hamling wish to move the following Notice of Motion at the Council Meeting of 18 December 2018:
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That Council: 1 Develop a master plan for the future development of Glenroi Oval, and connected public space, with the aim of maximising its safe use for sporting and recreation purposes, minimising vandalism and other anti-social behaviour, and developing a sense of local ‘ownership’ and responsibility for the area. 2 Consider an annual budget for the development and implementation of the master plan.
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Background
The Glenroi Community Group meeting on 19 November 2018 was well attended with 18 people present including members of the local community, Orange Hockey Club, the Police and community service providers.
One of the main items on the agenda was the idea of establishing a Glenroi-based sports club to engage local young people and make better use of existing sporting facilities in the community. Jason French and Katrina Hausia from Orange United Sports Club were at the meeting and gave an overview of the history and scope of the club:
· has been operating for the past few years and has grown each year;
· the club supports multiple sports including netball (9 teams), rugby league, soccer and cricket;
· most of the club members come from Glenroi and Bowen, although membership is open to everyone regardless of where they live;
· the club is now based at the Garema Road Community Centre, which is located at the southern end of Glenroi Oval.
Other issues discussed at the meeting included recent vandalism of hockey club facilities, condition of the nearby toilet block and levels of use, condition and use of the BMX track and skate park, possible locations for a future skate park, location of seating for the oval, motor bike riders using the oval illegally, and current pedestrian use and movement through the area.
It was apparent from the discussion that there was a lot of good will to make changes but also a feeling that many things have been tried before without any lasting results. There were a number of good ideas tabled during the discussion, however, some were contradictory and had the potential to work against each other.
A master plan for the precinct has the potential to draw the many ideas together with a long-term vision for the precinct. To be successful, the process of developing the master plan will need to involve input from all stakeholders and will need to be owned and championed by members of the local community.
Signed Cr Stephen Nugent Cr Jason Hamling
STAFF COMMENT
RECORD NUMBER: 2018/3044
I, CR Glenn Taylor and CR RUSSELL TURNER wish to move the following Notice of Motion at the Council Meeting of 18 December 2018:
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That the “Orange” registration plates be retrieved from the RMS and be placed back onto the Mayoral vehicle.
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Background
During a recent meeting Councillors raised questions regarding the Orange numberplates after receiving feedback from ratepayers. The Mayor claimed that he requested the “Orange” registration number plates be replaced with non-descript plates as they had been damaged. Staff subsequently advised Councillors that the Mayor requested they be replaced by non-descript plates by staff as someone had tried to steal them.
The plates should be secured by security bolts to a vehicle and old plates can be renewed. If properly secured there should be no need to replace the Orange numberplates.
The plates were a gift to the City of Orange for the official Mayoral vehicle and are worthy of that purpose. Council has had them on the Mayoral vehicle ever since they were given to Council and until the current Mayor requested staff have them replaced by non-descript plates. The Mayoral vehicle is only to be used for Mayor and Council purposes.
Discussion with earlier Mayors, particularly around the time when the plates were gifted to Council for use on the official Mayoral vehicle, has confirmed the background above.
Signed Cr Glenn Taylor Cr Russell Turner
RECORD NUMBER: 2018/3077
I, CR Jason Hamling wish to move the following Notice of Motion at the Council Meeting of 18 December 2018:
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That Council conduct a public forum on the roads and footpath program to highlight what projects and works have been completed in the 6 months from July to December 2018 and what works are planned for the period January to July 2019.
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Background
Council has a very large works program in the roadworks and footpath categories this year and it is appropriate that it be reported to the community.
Signed Cr Jason Hamling
STAFF COMMENT
Similar briefings were provided in 2017 and also in public workshops in April 2018 for Blisters, Roundabouts and Footpaths, followed by Roads in June 2018. The budgetary considerations take up the majority of briefings/workshops in the middle of the financial year.
Happy to give status update at the February Councillor Workshop followed by a major update once the budget is known between May and July.
RECORD NUMBER: 2018/3080
I, CR Glenn Taylor, and I, Cr jeff whitton wish to move the following Notice of Motion at the Council Meeting of 18 December 2018:
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1 That all Orange City Councillors undertake Working with Children and Federal Police checks.
2 That Council write to the Minister for Local Government recommending that it be compulsory for all Local Government Councillors to undertake these checks.
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Background
Being members on different Boards external to Council, as Board members we are required to undergo probity checks as part of those roles. Given the high profile of Councillors and the diversity of events they are asked to attend, it should be a basic requirement that Councillors undergo these checks as a minimum requirement.
Signed Cr Glenn Taylor Cr Jeff Whitton
STAFF COMMENT
Police Clearance
Depending on the nature of the position new staff at Orange City Council are required to complete a National Criminal History Background Check as part of pre-employment background checking. Positions that require a satisfactory criminal history background check are based on the risks of the position and include access to confidential information, financial function/delegation, system access and access to vulnerable clients.
Councillors are not currently required to undertake criminal records checks.
Working with Children Check
A working with children check is a prerequisite for anyone in paid or voluntary child-related work in NSW. Work as a Councillor wouldn’t be classified as child related work and require a working with children check under the below definitions.
Applicants are required to submit information and documentation online via kidsguardian.nsw.gov.au/check, present at a Service NSW office in person to verify identification then provide the clearance to the relevant organisation once received.
The process involves a national police check and a review of any findings of misconduct. The result is either a clearance to work with children for five years or a bar against working with children.
Under Part 2, section 6, of the Child Protection (Working with Children) Act 2012, child-related work is defined as work in a specific child-related role or face to face contact with children in a child-related sector. Additional roles can be found in the Child Protection (Working with Children) Regulation 2013.
Included in the listing of Exemptions are the following applicable categories:
“a visiting speaker, adjudicator, performer, assessor or other similar visitor to a school or other place where child-related work is carried out if the work of the person at that place is for a one off occasion and is carried out in the presence of one of more other adults”
“Administrative, clerical or maintenance work, or other ancillary work, that does not ordinarily involve contact with children for extended periods”.
Financial Implications
National Policy History Check Reports currently cost approximately $37 per application.
Working with Children Checks currently cost $80 per application for work-related clearance.
RECORD NUMBER: 2018/3135
I, CR Sam Romano AND CR MARIO PREVITERA wish to move the following Notice of Motion at the Council Meeting of 18 December 2018:
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That Council staff actively pursue additional lighting, cameras and formalised car parking at the Orange Airport, to act as a deterrent to thieves.
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Signed Cr Sam Romano
STAFF COMMENT
Council has submitted an Expression of Interest under Resources for Regions in July this year which has successfully progressed to the next stage, being the business case submitted in November of this year. With the upcoming State election we are hopeful of securing funding under this program.
The budget bid involves:
1 A refit of the terminal to accommodate work stations, free wi-fi and charging stations.
2 An awning over the pick-up and drop off zones
3 An additional 56 secure car parks with CCTV and lighting upgrades.
In the meantime we have added nightly security patrols of the car park at an additional cost over budget of $14,231 to date as well as a targeted response from police which includes supplementary CCTV and night patrols.
Financial Implications
Currently subject to grant funding.
POLICY AND GOVERNANCE IMPLICATIONS
Nil
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
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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.
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⇩
Planning and Development Committee 18 December 2018
5.1 Recommendations and Resolutions from Policy Committees
Attachment 1 PDC 4 December 2018 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Planning and Development Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 4 December 2018
COMMENCING AT 9.40pm
Attendance
Cr R Turner (Chairperson), 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 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 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Cr J Hamling declared a less than significant non-pecuniary
interest in item 2.6 (Development Application DA 136/2018(1) - 100 Bathurst Road) as a Board member of Ronald
McDonald House.
2 General Reports
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RESOLVED - 18/543 Cr G Taylor/Cr S Nugent That Item 2.9 Development Application DA 329/2018(1) - 269-279 Summer Street (Robertson Park), be dealt with as the first item.
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2.9 Development Application DA 329/2018(1) - 269-279 Summer Street (Robertson Park) TRIM Reference: 2018/2901 |
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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.
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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 |
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Absent |
Nil |
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2.1 Items Approved Under the Delegated Authority of Council TRIM Reference: 2018/2707 |
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RESOLVED - 18/545 Cr J Hamling/Cr R Kidd That Council resolves to acknowledge the information provided in the report by the Manager Development Assessments on Items Approved Under the Delegated Authority of Council.
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2.2 Outstanding Development Applications TRIM Reference: 2018/2645 |
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RESOLVED - 18/546 Cr S Nugent/Cr J McRae That the report by the Director Development Services on outstanding development applications be noted.
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2.3 Enforcement Policy TRIM Reference: 2018/2966 |
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RESOLVED - 18/547 Cr K Duffy/Cr S Munro That Council resolves to adopt the attached Enforcement Policy.
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2.4 Orange Local Environmental Plan 2011 - Planning Proposal for an Administrative Amendment TRIM Reference: 2018/2893 |
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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).
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2.5 Development Application DA 329/2015(3) - 62 Byng Street and 77 Hill Street TRIM Reference: 2018/2918 |
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This item was withdrawn at the request of the applicant.
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2.6 Development Application DA 136/2018(1) - 100 Bathurst Road TRIM Reference: 2018/2919 |
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Cr J Hamling declared a less than significant non-pecuniary interest in this item as a Board member of Ronald McDonald House, left the Chamber, and did not participate in the voting or debate on this item. |
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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.
|
|
Division of Voting |
|
|
Voted For |
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr J Hamling |
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2.7 Development Application DA 313/2018(1) - 26 Prince Street TRIM Reference: 2018/2819 |
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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.
|
|
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 |
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Absent |
Nil |
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2.8 Development Application DA 349/2018(1) - 59-67 and 99 Bathurst Road TRIM Reference: 2018/2685 |
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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.
|
|
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 |
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Absent |
Nil |
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2.10 Development Application DA 348/2018(1) - 5 Hanrahan Place TRIM Reference: 2018/2900 |
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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.
|
|
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 R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr G Taylor |
The Meeting Closed at 10.30PM.
5.1 Recommendations and Resolutions from Policy Committees
Attachment 2 EEDPC 4 December 2018 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Employment and Economic Development Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 4 December 2018
COMMENCING AT 11.24pm
1 Introduction
Attendance
Cr T Mileto (Chairperson), Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, 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 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 Committee Minutes
|
2.1 Minutes of the Sister Cities Community Committee - 7 November 2018 TRIM Reference: 2018/2788 |
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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 5.3pm 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.
|
The Meeting Closed at11.25PM.
5.1 Recommendations and Resolutions from Policy Committees
Attachment 3 IPC 4 December 2018 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Infrastructure Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 4 December 2018
COMMENCING AT 11.25pm
1 Introduction
Attendance
Cr S Romano (Chairperson) (Deputy Mayor), Cr R Kidd (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
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 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 Committee Minutes
|
2.1 Minutes of the Floodplain Risk Management Community Committee meeting - 5 November 2018 TRIM Reference: 2018/2784 |
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RESOLVED - 18/553 Cr R Turner/Cr J Hamling That Council resolves to adopt the minutes of the Floodplain Risk Management Community Committee meeting of 5 November 2018.
|
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2.2 Minutes of the City of Orange Traffic Committee meeting - 13 November 2018 TRIM Reference: 2018/2914 |
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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.
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3 General Reports
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3.1 Current Works TRIM Reference: 2018/2892 |
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RESOLVED - 18/555 Cr K Duffy/Cr M Previtera That Council resolves to acknowledge the information provided in the report on Current Works.
|
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QUESTIONS 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. |
|
Cr Duffy sought information as to when upgrades to the footpaths near the PCYC on Byng Street were proposed. |
|
Cr Nugent sought for information to be circulated as to the type of light bulbs used on the Forest Road lights. |
The Meeting Closed at 11.35pm.
5.1 Recommendations and Resolutions from Policy Committees
Attachment 4 SRPC 4 December 2018 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Sport and Recreation Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 4 December 2018
COMMENCING AT 11.35pm
1 Introduction
Attendance
Cr J Hamling (Chairperson), Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, , Cr G Taylor, 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 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 Committee Minutes
|
2.1 Minutes of the Australia Day Community Committee Meeting – 14 November 2018 TRIM Reference: 2018/2884 |
|
RESOLVED - 18/557 Cr J Whitton/Cr S Romano Council resolves to adopt the minutes of the Australia Day Community Committee meeting held on 14 November 2018.
|
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2.2 Minutes of the Sport and Recreation Community Committee meeting held on 29 October 2018 TRIM Reference: 2018/2958 |
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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.
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3 General Reports
|
3.1 Recreational use of Gosling Creek, Spring Creek and Suma Park Dams - Report Following Public Exhibition TRIM Reference: 2018/2649 |
|
This item was moved and dealt with in the Council Meeting. |
|
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.
|
The Meeting Closed at 11.35pm.
5.1 Recommendations and Resolutions from Policy Committees
Attachment 5 ESPC 4 December 2018 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Environmental Sustainability Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 4 December 2018
COMMENCING AT 11.37pm
1 Introduction
Attendance
Cr M Previtera (Chairperson), 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
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 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 General Reports
|
2.1 Regional State of the Environment Report TRIM Reference: 2018/2921 |
|
RESOLVED - 18/560 Cr S Nugent/Cr J Hamling That the information in the report by the Director Development Services on the Regional State of the Environment Report be acknowledged.
|
The Meeting Closed at 11.37PM.
5.1 Recommendations and Resolutions from Policy Committees
Attachment 6 FPC 4 December 2018 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Finance Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 4 December 2018
COMMENCING AT 11.38pm
1 Introduction
Attendance
Cr J McRae (Chairperson), 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
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 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 General Reports
|
2.1 Requests for Financial Assistance TRIM Reference: 2018/2905 |
|
RESOLVED - 18/561 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.
|
The Meeting Closed at 11.39PM.
5.1 Recommendations and Resolutions from Policy Committees
Attachment 7 SPC 4 December 2018 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Services Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 4 December 2018
COMMENCING AT 10.35PM
1 Introduction
Attendance
Cr S Nugent (Chairperson), 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 M Previtera, Cr G Taylor, 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 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 Committee Minutes
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2.1 Minutes of the NAIDOC Week Community Committee Meeting - 22 October 2018 TRIM Reference: 2018/2713 |
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RESOLVED - 18/562 Cr R Kidd/Cr S Munro 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.
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2.2 Minutes of the Lucknow Community Committee Meeting - 1 November 2018 TRIM Reference: 2018/2957 |
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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.
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2.3 Minutes of the Spring Hill Community Committee Meeting - 15 November 2018 TRIM Reference: 2018/2937 |
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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. |
3 General Reports
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3.1 Additional Policing Numbers - Central West Police District TRIM Reference: 2018/2963 |
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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. |
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3.2 Centenary of World War I Community Committee Final Report TRIM Reference: 2018/2916 |
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RESOLVED - 18/566 Cr R Kidd/Cr S Munro That the report on Centenary of World War I Community Committee Final Report be acknowledged.
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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.
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The Meeting Closed at 10.56PM.
5.2 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions.
TRIM REFERENCE: 2018/3068
AUTHOR: Samantha Freeman, Manager Corporate Governance
EXECUTIVE Summary
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
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That the information provided in the report by the Manager Corporate Governance on Outstanding and Completed Notices of Motion, Questions of Notice and Matters arising be acknowledged. |
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
Attached is a listing of tasks requiring action or follow up by Council staff from the commencement of the Council term. This list identifies progress on decisions of Council, including Councillor Notices of Motion and Questions Taken on Notice. Upon completion, items will be noted as such and removed after production to Council.
1 Resolutions from Council Meetings (including Questions Taken on Notice and Notices of Motions) - Summary, 2018/1041⇩
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
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Complete |
Pending |
Overdue |
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Date of Meeting |
Meeting |
QUESTIONS ON NOTICE/MATTERS ARISING |
Action Taken/Comment |
STATUS |
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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. |
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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. |
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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. |
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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. |
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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 |
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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. |
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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. |
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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.
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 |
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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. |
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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. |
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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. |
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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. |
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REGISTER – RESOLUTIONS & NOTICES OF MOTION
12 November 2018
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Date of Meeting |
Meeting |
Resolution |
Action Taken/Comment |
STATUS |
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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. |
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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.
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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. |
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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. |
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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. |
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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.
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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. |
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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. |
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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.
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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”.
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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. |
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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. |
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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. |
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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. |
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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.
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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.
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4 Dec 2018 |
FPC |
2.1 REQUESTS FOR FINANCIAL ASSISTANCE 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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 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. |
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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. |
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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.
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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 |
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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. |
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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. |
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14 August 2018 |
PDC |
2.11 Draft
Enforcement Policy 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. |
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14 August 2018 |
PDC |
3.1 DA
Legal Cost Award Update (Strictly Confidential and Privileged) That Council delegate to the General Manager the management of the cost award matters. |
Negotiations underway. |
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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. |
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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. |
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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. |
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3 July 2018 |
CCL |
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.
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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. |
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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. |
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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.
RECORD NUMBER: 2018/3074
AUTHOR: Mark Burdack, Director Corporate and Commercial Services
EXECUTIVE SUMMARY
Council can only assist other organisations financially (in cash or in kind) in accordance with section 356 of the Local Government Act 1993.
Council has in place a policy for donations to be made under section 356 of the Act and annually advertises for applications under this policy. Additional applications are received during the year. This report provides the most recently received requests.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “15.2 Collaborate - Support community organisations and groups to deliver services and programs”.
Financial Implications
The overall donations/sponsorship budget for 2018/19 is as follows:
|
Program |
Adopted Budget |
Actual/ |
Remaining |
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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 |
1 $3,800.00, has been put back into general donations (being the remaining balance of the School Prize Giving Fund). $5,000 has been transferred out of general donations to fund the wood and heating bank vouchers program. $750.00 has been put back into general donations (being a returned donation from the Orange Schoolhouse Quilters, as their event was not held).
2 Includes $10,000.00 from City Events and $2,500.00 from Economic Development. In August 2018, an amount of $1,500.00 was returned to Major Promotions. The Rotary Club of Orange Daybreak will not now be holding its Classic Wines and Cars Expo in 2018 as the event will now be a biennial event and the next one will be in late 2019.
3 Emergent funding is allocated as $5,000.000 per quarter in the financial year:
Quarter 1 starts on 1 July and has been fully expended for this financial year;
Quarter 2 starts on 1 October and has been fully expended for this financial year;
Quarter 3 starts on 1 January and has been fully expended for this financial year;
Quarter 4 starts on 1 April and $3,132.03 has been expended so far in this financial year.
Process for applications of the remaining budget allocation
A Council resolution is required to allocate funds to any external entity, including as a donation.
Applications are considered against the criteria outlined in the donations policies. There is an application form that should be submitted to commence the process of making a donation to another entity. The form contains details to inform Council that the donation aligns with the intentions the Council has established in the Community Strategic Plan.
Policy and Governance Implications
Nil
|
The Council resolves: 1 That a donation of $1,000.000 be made from Emergent Funding to Mak Boxing Promotions for the staging of an Orange-staged Boxing Festival. |
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
Council has $3,800.00 remaining in General Donations and $ remaining in Emergent Funding. Sports participation applications are considered in line with the reserved budget for that category. (NB $1,000.00 has already been accounted for the proposed donation to Mak Boxing Promotions).)
At its meeting on 7 November 2018, Council resolved to place on exhibition for 28 days its intention to donate $1,000.00 from Emergent Funding to Mak Boxing Promotions for an Orange-based Boxing Festival. No submissions have been received.
At is meeting on 7 November 2018, Council resolved to defer a request for financial assistance from Ability Dreaming, pending receipt of further information. A meeting was held with the applicant. The applicant has now withdrawn his application and advised that he will submit a new application should his company receive not-for-profit status.
1 Ongoing Record of All Donations in 2018/19 - as at 5 December 2018, D18/67022⇩
Council Meeting 18 December 2018
5.3 Requests for Financial Assistance
Attachment 1 Ongoing Record of All Donations in 2018/19 - as at 5 December 2018
RECORD NUMBER: 2018/3026
AUTHOR: Catherine Davis, Executive Support Manager
EXECUTIVE Summary
Request has been received for a printer to be provided for the exclusive use by Councillors from their IPads. Given that the Councillors – Payment of Expenses and Provision of Facilities Policy does not provide for a printer for exclusive Councillor use, this report is seeking approval to purchase or lease such a printer.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “17.2 Collaborate - Ensure financial stability and support efficient ongoing operation”.
Financial Implications
The most suitable printer for this application can be purchased for $2,981.00 plus GST or alternatively can be leased for varying lengths starting at a 36 month contract for $116.90 +GST per month.
Policy anD Governance Implications
Nil
|
The Council resolves to: 1 Lease a printer for use exclusively by Councillors be approved as determined by the General Manager. |
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
The purchase of a printer for specific use by Councillors whilst in the Civic Building has been researched and the most viable and practical option for purchase is as follows:
1 Separate multifunction printer with wireless card, joined to same public wifi network (Surfer-Wireless) that the Councillor iPads are on.
2 Mac address or IP security on the printer to ensure only pre-authorised Councillor iPads can connect to it.
3 Pin code on the printer panel to protect against anyone tampering with settings.
4 The printer is moveable (on pedestal) and due to being wireless, can be moved to anywhere as long as a power socket is nearby.
New Ricoh MP C307SPF Including;
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RECORD NUMBER: 2018/2955
AUTHOR: Michael Glenn, Senior Planner
EXECUTIVE Summary
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Application lodged |
12 February 2018 |
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Applicant/s |
Brothers Three Pty Ltd |
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Owner/s |
Brothers Three Pty Ltd |
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Land description |
Lot 101 DP 1053642 - 4613 Mitchell Highway, Lucknow |
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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 |
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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
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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.
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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
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:
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Land Zoning Map: |
Land zoned RU5 Village |
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Lot Size Map: |
Minimum Lot Size 1,000m2 |
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Heritage Map: |
Located in a heritage conservation area |
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Height of Buildings Map: |
No building height limit |
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Floor Space Ratio Map: |
No floor space limit |
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Terrestrial Biodiversity Map: |
No biodiversity sensitivity on the site |
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Groundwater Vulnerability Map: |
Groundwater vulnerable |
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Drinking Water Catchment Map: |
Within a drinking water catchment |
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Watercourse Map: |
Not within or affecting a defined watercourse |
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Urban Release Area Map: |
Not within an urban release area |
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Obstacle Limitation Surface Map: |
No restriction on building siting or construction |
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Additional Permitted Uses Map: |
No additional permitted use applies |
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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 with some nearby and surrounding landowners. Council’s Director Technical Services requested that RMS further advise on the implications of the painted median strip on the ease of access into both the eastern and western neighbours. To address or clarify these concerns, the following questions were raised to the RMS, with the indicated responses provided:
i) Vehicles crossing painted islands to access the Goldfields Tavern and private residence adjoining the service station (see attached plan with vehicle turns shown) Is this a legal manoeuvre?
RMS response
“Yes, I am advised these are legal manoeuvres. (see also extract below from RMS website regarding driving over painted islands)”
Figure 10 - broken lines around painted medians allow queuing and right
turns
into the median area - solid lines prohibit this manoeuvre
ii) Does the RMS have any objection to vehicles turning right when exiting the service station? (as shown in Figure 11)
RMS response
“No, we don't. Whilst not ideal, it was determined that the right turning movements out of the development will be low and therefore, we are accepting of the development providing right turns out”.
Figure 11 - right turns out of the service station and the adjoining residence
are permissible across the painted median
iii) Does the RMS formally approve the roadworks plan as part of the Construction Certificate approvals process? (This is to ensure that the full extent of pavement widening etc is noted on the final approved engineering plans).
RMS response
“Yes, as per our letter the applicant will need to enter into a Works Authorisation Deed with RMS”.
State Environmental Planning Policy 64 - Advertising and Signage
State Environmental Planning Policy 64 - Advertising and Signage (SEPP 64) is applicable and states in part:
3 Aims, Objectives etc
(1) This Policy aims:
(a) to ensure that signage (including advertising):
(i) is compatible with the desired amenity and visual character of an area, and
(ii) provides effective communication in suitable locations, and
(iii) is of high quality design and finish, and
(8) Granting of Consent to Signage
A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:
(a) that the signage is consistent with the objectives of this Policy as set out in clause 3 (1) (a), and
(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.
1 - Character of the Area
· Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?
· Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?
2 - Special Areas
· Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?
3 - Views and Vistas
· Does the proposal obscure or compromise important views?
· Does the proposal dominate the skyline and reduce the quality of vistas?
· Does the proposal respect the viewing rights of other advertisers?
4 - Streetscape, Setting or Landscape
· Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?
· Does the proposal contribute to the visual interest of the streetscape, setting or landscape?
· Does the proposal reduce clutter by rationalising and simplifying existing advertising?
· Does the proposal screen unsightliness?
· Does the proposal protrude above buildings, structures or tree canopies in the area or locality?
· Does the proposal require ongoing vegetation management?
5 - Site and Building
· Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?
· Does the proposal respect important features of the site or building, or both?
· Does the proposal show innovation and imagination in its relationship to the site or building, or both?
6 - Associated Devices and Logos With Advertisements and Advertising Structures
· Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?
7 - Illumination
· Would illumination result in unacceptable glare?
· Would illumination affect safety for pedestrians, vehicles or aircraft?
· Would illumination detract from the amenity of any residence or other form of accommodation?
· Can the intensity of the illumination be adjusted, if necessary?
· Is the illumination subject to a curfew?
8 - Safety
· Would the proposal reduce the safety for any public road?
· Would the proposal reduce the safety for pedestrians or bicyclists?
· Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?
The proposed signage for the site is limited to two business identification signs, one being a pylon sign at the front of the site with a proposed height of 6m and a zero setback from the frontage, and the other being a flush-mounted wall sign (with some modification following the advice of Council’s Heritage Advisor). Lucknow is zoned RU5 Village, which is a mixed use zone intended and geared towards small scale development, with linkages to rural lands that surround the village. It is neither a fully-fledged commercial precinct nor a fully urban residential precinct. Council’s DCP 2004 includes some character observations in Chapter 7 (Residential Development) for the village of Lucknow, and Chapter 13 (Outdoor Advertising) that provide some guidance on what signage can be considered appropriate, taking into account location, heights and messaging. It is significant and worthwhile to take into consideration the heritage status of the village as well.
There are competing demands applicable to this site in terms of land use patterns and objectives or preferred outcomes. Such competing demands do not suggest or enable a more or less free-hand in signage outcomes. Compromises are needed to try and serve the competing demands of commercial exposure, residential amenity, and scale and heritage, with safety also a matter for consideration. On the one hand the pylon sign is located within a part of the village identified as predominantly commercial in character; but on the other hand the site is bounded on two sides by residential development. There are competing outcomes applicable to each of these “zones”. In the residential the emphasis is on achieving signage that is at a “human scale”, suggesting sign height limits of 2m and setbacks of at least the building line for the signs. However in this case given the semi-commercial nature of the precinct it is considered appropriate in these circumstances to limit the pylon sign to 5.4m in height being a height comparable to the height of the building.
The following diagrams show the imagery of the signage as proposed, and then with a maximum height of 5.4m and a setback closer to the shop:
Figure 12 - proposed 6m height
Figure 13 -5.4m recommended height
The signs are proposed to be illuminated, which is generally considered acceptable in this case provided the illumination is constructed in a fully recessed receptacle and is switched off when the service station is not open.
Conditions are included that limit the height of the pylon sign to 5.4m, and require the sign illumination to be switched off outside the working hours of the service station.
PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION 4.15(1)(a)(ii)
There are no draft environmental planning instruments that apply to the subject land or proposed development.
DESIGNATED DEVELOPMENT
The proposed development is not designated development.
INTEGRATED DEVELOPMENT
The proposed development is not integrated development.
PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s4.15(1)(a)(iii)
Development Control Plan 2004
Development Control Plan 2004 (“the DCP”) applies to the subject land. An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.
Pursuant to Planning Outcome 0.2-1 Interim Planning Outcomes - Conversion of Zones:
· Throughout this Plan, any reference to a zone in Orange LEP 2000 is to be taken to be a reference to the corresponding zone(s) in the zone conversion table.
The corresponding zone to zone 2v (Village) (Orange LEP 2000) is zone RU5 Village (Orange LEP 2011). As such, Orange DCP 2004 –Chapter 7 is relevant to this proposal. Chapters 12, 13, 14 and 15 are also applicable to the assessment.
CHAPTER 7 - DEVELOPMENT IN RESIDENTIAL AREAS
Shops and Businesses in the Urban Residential Zone
The LEP provides for a range of non-residential activities to be carried out in the Urban Residential zone (it is considered the RU-5 Village zone has a certain equivalency to standard residential zones for the purposes of DCP assessment) provided that the development complements the residential character and amenity of the area. Shops and businesses that are permissible in the RU5 zone are listed in the zoning table applicable to the zone. Business premises permitted in residential areas are restricted to neighbourhood-shopping centres in the City. In the case of the Lucknow village there is no neighbourhood shopping area, however the DCP notes that existing businesses are located within a limited part of the village, essentially the area adjacent to the highway at the western end of the village.
The DCP states that new commercial development in residential areas should aim to provide for the convenience-shopping needs of residents of the locality and should be located within or in association with existing neighbourhood-shopping areas. Neighbourhood-shopping centres should complement the predominantly residential character.
Planning Outcomes
· Development complements the scale of residential development in the area and the predominant heights and form of residential development in the vicinity.
The heights of the building are comparable to surrounding development. The height of the proposed pylon sign as submitted is slightly more than that of the canopy, which is the highest structure otherwise proposed.
· Business premises are located in neighbourhood business areas, existing prior to Orange LEP 2000.
There is no neighbourhood shop area within the village zone, but the DCP discussion identifies the north-western end of the properties facing the Mitchell Highway as the area of the village where commercial development has tended to occur. The proposed development would be located within this area on a site that is already being used as a service station.
· Neighbourhood-business centres are small scale to serve the needs of the residents of the locality. Neighbourhood-business centres have a maximum commercial floor space of 1,000m² for the combined area of adjoining or adjacent shops and businesses, whether or not the premises are on the same land or adjacent to or in close proximity to each other.
The proposed development can be expected to provide services and goods likely to satisfy the local community needs, but also can be expected to rely on passing trade. Such reliance can be expected to lead to an elevated amount of commercial activity for the site. It is considered that such elevated levels of activity are acceptable within the day and early evenings, but would be likely to lead to land use conflicts with the adjacent residential development if permitted to operate in the overnight time slot. Attached is a condition of consent limiting the development to 10.00pm. The adjoining neighbour has indicated a preference for the development to be limited in terms of operating hours to 7.00am to 8.00pm.
· New neighbourhood business centres are located at or near collector intersections, with the buildings addressing the street frontage and rear parking to provide quality urban design.
Not relevant to this application.
· Onsite parking is provided according to Section 15.4 of this Plan.
Refer to the appropriate assessment contained elsewhere in this report.
· Advertising signage is limited to exempt development (ie, sign with a maximum area of 1 square metre) for home businesses or businesses in converted dwelling houses.
This planning outcome is not relevant in this case given that the development does not comprise a home business or a business in converted dwelling houses. Attached is a condition of consent limiting the height of the pylon sign such that the signage will be sufficiently less intrusive as to be considered compatible with the surroundings.
· Advertising signage in neighbourhood centres is not intrusive to the character of the residential locality. No more than 15% of the street façade elevation area of premises in a neighbourhood centre involves signage.
The revised signage scheme complies with this guideline.
Development in the Village of Lucknow
The village has a number of areas with distinct characteristics that combine to make up the character of Lucknow. Urban development on the north-eastern side of the Mitchell Highway centred on a round hill comprises school and church buildings, with associated residences on relatively small lots. Commercial development is centrally located fronting the Highway. Land affected by former mining activity is situated on the fringes of the village and on steeper slopes. Residential development on larger lots is located southwest of the Highway, on Beasley and Phoenix Mine Roads, and on Chapel Hill Lane.
The DCP recommends that commercial development continue to centre on the Mitchell Highway and Beasley Road intersection. New development should reflect the historic character and form of the village.
Planning Outcomes
· Development proposals involving new buildings or works on or near land identified as being subject to former mine activity include sufficient information to demonstrate to Council’s satisfaction that the land is suitable for the development. Particular attention is given to the location of former mine shafts, shallow drives, mine spoil or mining relics. A geotechnical professional prepares the information.
The applicant has provided limited information to suitably demonstrate that the site is suitable for development based on previous mining activity. Notwithstanding, Council staff have carried out an assessment of the location of former mine shafts in the general locality together with a review of assessments carried out on land that immediately adjoins the subject property. Applications for development on nearby properties (numbers 9, 11 15 and 19 Chapel Hill lane, all located to the rear of the site) have included geotechnical assessments assessing the risks for mine subsidence and soil contamination, and all have concluded that the risks as very low.
The applicant has submitted a contamination report establishing that no significant levels of contamination exist on the site. Based on the fact that the neighbouring sites are similar in terms of location and site conditions as the subject property it is considered the site is appropriate for the proposed development. The intent of these provisions is to minimise the risk of subsidence due to construction over former mine workings. There is always some risk of subsidence and mine working contamination for any development within the village. To minimise the risks from mine subsidence and contamination on new construction precautionary conditions have been recommended in the consent. The applicant will be required to submit a geotechnical report prior to the issue of a Construction Certificate to confirm that the site is suitable.
· A professionally-prepared report identifying that the land is suitable for development after being investigated for potential land contamination is submitted with a development application for development involving works that will disturb the land.
An Environmental Site Assessment (ESA) has been submitted
indicating no substantial contamination on the site. However, this ESA does not
include appropriate assessment of the area immediately beneath the underground
storage tanks. A condition of consent has been included in the attached Notice
to address this issue.
· Commercial development is located within the established business core of the Village centred on the Mitchell Highway/Phoenix Mine Road intersection. Buildings and associated signage are designed to relate to the traditional mining character of the Village to reinforce the mining history of the Village.
The site on which the proposed development is to be located is within the “commercial precinct” of the village. The specifics of the submitted design are not ideal, being essentially a compromise between broad brush heritage and streetscape considerations aiming to soften and control massing and bulk on the one hand; whilst on the other hand permitting a scale of commercialisation of the site that will be viable and functional. The height of signage has been limited to 5.4m.
· Mining relics on land subject to development proposals are identified, interpreted and conserved.
There are no mining relics on the land.
· Mine spoil areas remain undisturbed except for works associated with stabilising the area to prevent erosion.
There are no mine spoil areas on this site.
· Heritage mine sites are made available for the interpretation of the Village’s mining history. Such development includes professional interpretation and conservation of the site.
The subject property is not an identified heritage site within the village precinct.
· Residential lots have a minimum area of 1,000m2. Larger areas are created on land affected by former mining activity to permit an adequate area for development removed from disturbed sites.
The subject site is less than 1,000m2 but is also not a residential use.
· Residential buildings are designed to relate to traditional building forms of the Village.
Not relevant to this application
· The development is serviced by the public sewerage and water reticulation system, taking into account the planned capacity of these systems.
Council’s Environmental Health and Building Surveyor has reviewed the application and has raised no objection to the connection of the site to either Council’s reticulated water supply or the reticulated sewage system.
CHAPTER 12 - RURAL ENVIRONMENT PROTECTION ZONE
Water-Catchment Considerations
Whilst the land is zoned RU5 Village it is none the less located within the drinking water catchment for the City. Water supply catchments are areas that provide for public water supplies to service urban centres. The water catchment planning provisions apply the precautionary principle of Ecologically Sustainable Development through a “prudent-avoidance” approach. This approach includes provisions to reduce the chance of serious environmental problems, even where it is not certain when or if such problems will occur
There are no aspects of the proposed development where likely adverse impacts on water quality within the catchment are likely to arise. Conditions are included for such items as trade waste and stormwater management that should lessen the impacts on surface runoff quality to an acceptable limit.
CHAPTER 13 - HERITAGE
Consideration of Heritage Character
The unique and significant character of the village is enhanced by the extent of the remaining aboveground mine shaft structures - particularly the steel head frames of the Wentworth Main and Reform sites, which are rare survivors both within the region and the state, and give the village a striking historic immediacy, accessible to all because of their prominent location on the main road.
The historic significance of the village is enhanced by the degree to which it has retained elements of its early layout (particularly the road network) and various early buildings it has retained, which provide evidence of early residential and associated activities. Several individual buildings are of high historic and aesthetic significance (including “Mamhead” and the Anglican Church) while others are valuable representative examples of early building styles, and provide evidence of early development patterns in the village. The historic and aesthetic significance of many early dwellings in the village has been adversely affected by later alterations and loss of fabric, as well as a more general loss of early/appropriate architectural context.
The aesthetic significance of the village arises in large measure from its attractive siting on the Frederick's Valley Creek, surrounded by low, rolling hills, and the open, largely undeveloped, character of this setting. The simple linear character of the village itself, with its defined entry points, generally low scale development and remaining early structures, assists in maintaining the important early village identity and character, although this has been notably eroded and adversely impacted upon in recent years by inappropriate alterations to early buildings and unsympathetic new developments.
The proposed development is considered an adequate design response. The proposal, now with a pitched roof and with slightly more restrained signage scheme, can be expected to at least not demean or challenge the desirable or valuable character that defines the Lucknow Heritage Conservation area. The new development cannot be described as significantly reinforcing of the village character, but it is sufficiently restrained and limited as to be considered suitable on heritage grounds to the locality.
The imposition of landscaping conditions, the limits placed on signage (particularly height), and the detail changes specified by the Heritage Advisor (including the pitched roof for the store component) provide adequate mitigation to an otherwise uninspired design response to the heritage challenges of the locality. It is considered fair to describe the more modern changes to the Lucknow village architecture as not particularly sensitive to the heritage values of the village, and the current proposal is a continuation of that trend. However, in the case of this proposal, it is considered that sufficient respect and deference is worked into the design as to render its impacts acceptable.
CHAPTER 14 - ADVERTISING
Chapter 14 of the DCP contains the following requirements:
“Controls for advertising seek to ensure that, where advertising is directed towards or across public places (including roads and public areas such as parks) to attract the attention of the public, then the advertising should complement the character of that area. Advertisements should be designed to relate to the land or building. While advertisers may wish signs to stand out, in order that signs complement the character of Lucknow they should fit within the built and landscape environment. It is recognised that business should be able to present their activity to the public in an appropriate manner. Business Identification Signs serve this function
Signs should complement the scale of associated buildings. For signs attached to buildings, the signs should not extend beyond the outline of a building when viewed at the front elevation. Pylon or free-standing signs in business areas should have a height consistent with the height of the main building on the site. In residential areas, free-standing signs should be located in a landscaped garden setting and should be at a personal scale (i.e., generally less than 2 metres in height). Proliferation of signs should be avoided since they detract from the character of the area and provide confusion for the travelling public”.
Planning Outcomes
· The location, size, colour and design of advertisement complement the character of the locality.
The character of the locality is mixed. To the north and west the predominant character is commercial. It is considered that in terms of location, size (and height) and design the proposed signs are compatible with the commercial surroundings. However, there is also a predominantly residential style of development to the south and east of the site, and in this regard the signs are not at a scale or of a design that sufficiently respects that residential scale or character if viewed solely in the context of residential development. However, the applicable zoning does not restrict development to just residential development. The village zone permits a range of mixed uses; and further the DCP identifies that part of the village where the proposed development is to be located as predominantly a commercial precinct. On that basis the signs are satisfactory subject to adoption of the recommended condition of consent.
· Advertisements on buildings fit within the envelope of the building.
The flush wall sign is consistent with this planning outcome.
· Freestanding pole or pylon signs relate to the height of associated buildings in business and industrial areas.
As proposed the pylon sign would not relate to the height of the structures proposed for the site. However, a reduction in the height of the pylon sign of 600mm (10%) required by condition of consent will result in the sign conforming more to the planning outcome.
· Freestanding signs in residential areas are at a personal scale (i.e., about 2-metres high or less) within a landscaped setting.
The proposed signs do not comply with this planning outcome, and the applicant has not submitted any basis to support the variation to the DCP that is needed. However, in this case a limited sign inventory and restrained signage scheme can be justified on the basis that the signs are within the commercial precinct of the village, and the impacts on the neighbouring residential lots are about the same as the existing unapproved signs on the site.
CHAPTER 15 – OFF-STREET PARKING
The exiting development has no statutory requirement to provide parking as no consent is known to exist for the building erected thereon. There is no formal parking area provided onsite, however the configuration of the site does allow off-street parking for the existing activities on the site. There is a gravelled area at the rear of the existing shop with dimensions to accommodate five vehicles. The existing shop has a floor area of 114 m2.
Service stations under the DCP have the following car parking rates applied to them:
3 spaces for each work bay plus 1 space per 25m² of gross floor area of shop, convenience store or payment area
For the proposed development there are no work bays proposed. The proposed convenience store has 186m2 of gross floor area, representing a net increase in floor area (compared to the existing shop) of 72m2.
Adding the previous car parking provision (five spaces) to the requirements arising from the net increase in gross floor area (72m2), the net requirement for parking is 7.88 spaces (rounded to eight).
The plans submitted with the application show eight onsite spaces being provided, which is considered sufficient to meet the demands of the site.
An alternative method for calculating parking, disregarding existing floor areas and existing (estimated) parking provision would simply be to calculate the parking requirements of the new development, without regard to the floor areas and parking provision of the existing situation. This method yields a requirement for 7.44 off street spaces (again rounded up to eight spaces).
The proposed development complies with the off-street parking requirements of Council’s DCP.
Problems arise, however, for larger sized vehicles. To address this the RMS requirements include a prohibition on the fuelling of vehicles larger than 12.5m (the size limit set for a large rigid vehicle). Mitchell Highway permits vehicles up to 26m semi-articulated vehicles. Further, it is noted that the delivery vehicle to provide fuel to the site is 19m. Arrangements in the access and egress geometry make it possible for the delivery vehicle to deliver fuel safely to the site, however the site is considered too small to accommodate trucks to receive fuel larger than the limits specified by the RMS.
INFILL GUIDELINES
The Orange Local Government Area has a number of items and areas of heritage significance (including the whole of Lucknow village) pursuant to Orange Local Environmental Plan (OEP) 2011. These areas are generally valued by the community.
The Burra Charter includes in Article 8 in its section on "Setting":
"Conservation requires the retention of an appropriate visual setting and other relationships that contribute to the cultural significance of the place. New construction, demolition, intrusions or other changes which would adversely affect the setting or relationships are not appropriate"
Good quality and sensitive design of infill development in heritage areas is of paramount importance in retaining the historic character of precincts within Lucknow. An important aspect of good design is designing in context and having regard to the site and its surroundings, with particular consideration to the surrounding built form and significant landscaping.
What is Infill Development?
The NSW Heritage Office and the Royal Australian Institute of Architects NSW 2005 publication Design in Context defines infill as:
A new building in an established and valued historic context. Good infill is building that is sympathetic to the surrounding buildings and historic context and creates new structures that enhance and complement the existing urban, suburban or rural character.
Purpose of the Guideline
Commercial infill takes advantage of premier business locations whilst contributing to active and vibrant streetscapes. Council’s Development Control Plan 2004 currently requires development to complement and relate to the relevant features and built form within existing streetscapes.
Infill should complement and enhance the local character by relating to the predominant scale, massing, colours and materials of the area. This does not mean that a developer must recreate the buildings nearby; it is acceptable to relate to the above factors with a contemporary design, and this has been expressed through the aims of the guideline.
Prescriptive numerical standards can often be
counterintuitive in the sense that they reduce flexibility and can stifle a
creative design that would otherwise satisfy the fundamental objects and
performance criteria of the applicable provisions through an alternate design solution.
Accordingly, the guidelines do not present numerical standards to control
development in a heritage context per se.
Objectives of Infill Design
· Retention of appropriate visual setting (Article 8 Burra Charter).
· To ensure new buildings respond to and enhance the character and appearance of the streetscapes of the Heritage Conservation Areas.
· To ensure contributory heritage items retain their prominence and are not dominated by new development within a Heritage Conservation Area and do not compromise the heritage values of the existing area.
· To ensure new buildings do not adversely affect the significance, character or appearance of the Heritage Conservation Area or heritage items.
· To allow for reasonable change within a Heritage Conservation Area while ensuring all other heritage objectives are met.
· To ensure new development facilitates the retention of significant vegetation that contributes to the tree canopy, especially within the Central Orange Heritage Conservation Area.
The proposed development is consistent with the commercial character of the village, but is less consistent with the residential design objectives of the guidelines. The subject property is located just inside the commercial precinct of the village; however it is acknowledged that residential development adjoins the site to the east and south
Principle of Infill Development
“The guidelines emphasise the context of a place and respond to it. Consideration should be given to the nature of adjoining and surrounding heritage items and places, significant vegetation (on the site and adjoining the site) and the overall significance and character of the heritage area where it is located.
New development within a conservation area should not have to replicate the existing built form, but should be compatible and enhance the existing streetscape. Contemporary designs may be acceptable provided the design relates to the assessment criteria”.
The proposed development is essentially a contemporary design with mitigating elements introduced or required by condition into the design, thereby adhering to the principals of the Infill Guidelines.
PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15(1)(a)(iv)
Demolition of a Building (clause 92)
A condition is attached requiring the demolition to be carried out in accordance with Australian Standard AS2601 - 1991: The Demolition of Structures.
Fire Safety Considerations (clause 93)
The proposal does not involve a change of building use for an existing building.
Buildings to be Upgraded (clause 94)
The proposal does not involve the rebuilding, alteration, enlargement or extension of an existing building.
BASIX Commitments (clause 97A)
BASIX is not applicable to the proposed development. A Section J energy efficiency statement will be required with the Construction Certificate application.
THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15(1)(b)
The proposed development has likely impacts in the following subject areas:
· hours of operation;
· risks from naturally occurring asbestos
· traffic and loading;
· hazardous goods;
· noise;
· impacts on character;
· heritage;
· changes to site levels; and
· heritage.
Conditions are included in the attached consent to address each of these issues, which have previously been mentioned and commented upon in this report (with the exception of naturally occurring asbestos contamination).
Naturally Occurring Asbestos
Figure 14 (below shows that the subject property is within a mapped area where naturally occurring asbestos can occur in development where soil disturbance is proposed.
Figure 14 - potential asbestos affection mapping
Council mapping system also records that naturally occurring asbestos events have been discovered within a 500m radius of the site.
The information available to Council is predictive only. It does not necessarily follow that naturally occurring asbestos will be found on this site, just that the soil conditions and previous survey mapping suggest a strong possibility. It is considered appropriate in this situation to apply the precautionary principle and impose the following condition to the consent:
The site is located within an area identified as containing serpentinite rock formations, which can contain chrysotile, a naturally occurring asbestos. Therefore the applicant or person with management or control of the site shall ensure that a written plan (an Asbestos Management Plan) for the site is prepared in accordance with the provisions of the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011.
To assist applicants with developing an Asbestos Management Plan, applicants are encouraged to access the ‘Asbestos Management Plan for Orange City Council 2014’, which is available on Council’s website: www.orange.nsw.gov.au .
Attached to the Notice is a recommended condition of consent addressing this issue.
THE SUITABILITY OF THE SITE s4.15(1)(c)
The site is currently used for the purposes of a service station. The site is considered suitable for the proposed use. It will be necessary to undertake further contamination testing once the underground storage tanks are removed, and this may trigger a need for further Category 1 remediation if contamination is found. However, even in this eventuality, the site can be considered suitable for the proposed development.
The site is located on the interface between the residential and commercial areas of the village. To achieve a degree of compatibility with the village character, conditions that limit the hours of operation, the height of the pylon sign, the times that the premises may be illuminated, the styles and finishes of the building and landscape treatments to be applied are imposed as conditions in the consent.
ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15(1)(d)
The proposed development is defined as "advertised development" under the provisions of the LEP. The application was advertised on two occasions for the prescribed period of 14 days. Two exhibitions were necessary because the application underwent some significant amendments in May 2018. At the conclusion of the two exhibitions, seven submissions had been received from the nearby and surrounding residents.
A summary of the objections raised, and the brief responses thereto are set out as follows:
Mr and Mrs Peter Campbell (two submissions)
· Object to the 24 hour operation
As discussed in the body of this report the 24 hour operation of the development is not considered acceptable in this locality. The applicant has amended the application to operate from 5.00am to 12.00pm. However given the character of the surrounding locality, the location of the adjoining residential development and the objectives of the RU5 Village zoning it is recommended that the hours of operation be limited to 7.00am to 10.00pm to align with the evening night time noise criteria. Conditions are included that limit the hours of operation to 7am to 10pm.
· Odour
The objection relates vapours emitted from the vent pipes of the underground tanks and the odour impacts these vapours have on the residential amenity of the neighbouring residence. The objector notes that there are existing vent pipes for the existing tanks which are already causing odour nuisances from the emissions.
Enquiries with the Environment Protection Authority reveal that in comparison to the existing equipment installation on the site, which is essentially obsolete technology with regards to vapour management, there are now heightened industry standards relative to the standard of equipment already installed on the site that should lead to improved vapour venting (and hence odour control) for the subject property.
· Fencing on the eastern boundary should be at least 2m in height constructed in sound attenuating material.
The applicant, in relation to border fencing has indicated agreement to the construction of 1.8m high fencing (albeit as Colorbond fencing). The submitted noise report suggests no significant impacts for surrounding properties. 1.8m high fencing is considered to be acceptable in this case, however the material more likely to be compatible is considered to be timber lapped and capped. A condition of consent to this effect is included in the notice and reflects essentially a compromise between the expectations of the objector and the responses of the applicant.
· The objector requests that kerb and gutter be provided along the frontages where roadworks are required.
This is considered reasonable in the circumstances and a condition is included to this effect in the Notice of Determination.
GB Heinrich
· Objects to the 24 hour operation
As discussed above a condition of consent has been included that limits the hours of operation to 7am to 10pm.
· 19m vehicles not suitable for the site
Consistent with the requirements of
the RMS conditions of consent have been recommended in the attached notice of
determination that limit the maximum size of vehicles to 12.5m. A 19m long
vehicle is only permitted on the site to service the subject development.
· No provision for pedestrian footway
Conditions are included in the consent requiring the removal of the non-approved concrete slab at the front of the property (which tends to be used for unauthorised verge parking), with properly constructed footpath and verge landscaping as well as physical barriers to be installed to prevent the parking of vehicles on the verge.
· There is no right turn capability travelling east
The amended plans, following input from the RMS, resulted in a right capability as well as a slip lane on the southern (westbound) side of the Mitchell Highway. Attached a range of conditions required by RMS to deal with access arrangements onto and off the highway.
A and K Anlezark
· Concerned that the retaining wall proposed along the southern side of the subject land will result in the loss of landscaping from that neighbours property
The submitted plans show the installation of a retaining wall along the southern boundary to replace an existing batter. The batter encroaches approximately 3m to the north of the shared boundary, tapering down to approximately zero at the top of the bank. The installation of the retaining wall will require the removal of some spoil so as to allow the back boundary to be squared off, and if not carried out carefully this work could result in the demolition or killing of vegetation that would otherwise require consent for removal, and which if lost is likely to cause harm to the southern neighbour.
Figure 15 - landscaping of southern neighbour
To address this issue the following condition is included in the consent:
Prior to the issue of a Construction Certificate
Structural details, certified by an engineer are required for the retaining wall to be installed along the southern boundary. A tree management plan is also required to be submitted outlining the details of the retaining wall construction, and including tree protection measures and harm minimisation measures that conform to the Australian Standards that apply to this situation, including AS 4970 – Protection Of Trees on Development sites.
Natalee Selwood (two submissions)
· The Assessment and Traffic and Parking Implication section of the DA does not deal in full of the implications of the traffic in the area. It does not mention that there is no safe access into or out of the site
This submission was made in relation to the original plans submitted for consideration. The amended plans have addressed the traffic and access issues and have received concurrence from RMS, subject to conditions.
· Pedestrian Access
Conditions are included to address the issue of pedestrian access.
· Contrary to the village residential character
The village has a significant heritage character, and a mixed residential and commercial precinct. The subject property is located on the boundary separating the mainly residential parts of the village from the mainly commercial parts.
It is considered appropriate, in the interests of maintaining a village character and reflecting the mixed use zoning provisions of the village zone, to apply conditions that prevent the full 24 hour operation of the development. To this end it is recommended that the development be limited to 7.00am to 10.00pm.
· The proposed development is a visual eyesore and fails to take into account the historic significance of the village
The proposed development is infill development, with aspects in the design that are not ideal to the surroundings in which they are to be placed. Conversely, changes have been incorporated into the amended plans following consultation with Council’s Heritage adviser and conditions are contained in the consent that will reduce these impacts.
Under the circumstances it would be a negative step to insist on a mock heritage solution. The amended plans and the suite of conditions included in the consent aim to contain interpretations of the dominant character of the village, whilst at the same time taking steps to minimise the dominance that the proposed development might otherwise possess.
Gai Fardell (second exhibition period only)
· Objects to the 24 hour operation
As discussed above a condition of consent has been included in the Notice of Determination that limits the hours of operation to 7am to 10.00pm.
· Traffic Safety
See comments above.
PUBLIC INTEREST s4.15(1)(e)
The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. The proposal is not inconsistent with any relevant policy statements, planning studies, guidelines etc that have not been considered in this assessment.
SUMMARY
The proposed development is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of Orange LEP 2011 (as amended) and DCP 2004. The RMS have recommended a suite of conditions to ensure that access/egress from the site is acceptable. A section 4.15 assessment of the development indicates that the development is acceptable in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.
COMMENTS
The requirements of the Environmental Health and Building Surveyor and the Engineering Development Section are included in the attached Notice of Approval.
1 Notice of Approval, D18/63766⇩
2 Plans, D18/63767⇩
3 Submissions, D18/63769⇩
Council Meeting 18 December 2018
5.5 Development Application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow
Attachment 1 Notice of Approval
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ORANGE CITY COUNCIL
Development Application No DA 33/2018(1)
NA18/ Container PR18810 |
NOTICE OF DETERMINATION
OF A DEVELOPMENT APPLICATION
issued under the Environmental Planning and Assessment Act 1979
Section 4.18
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Development Application |
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Applicant Name: |
Brothers Three Pty Ltd |
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Applicant Address: |
C/- MCHP Architects Pty Ltd Suite 5, 46 Albany Street ST LEONARDS NSW 2065 |
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Owner’s Name: |
Brothers Three Pty Ltd |
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Land to Be Developed: |
Lot 101 DP 1053642 - 4613 Mitchell Highway, Lucknow |
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Proposed Development: |
Demolition (existing service station), Service Station (includes sales building, fuel dispensing canopy, underground fuel tanks), and Business and Site Identification Signs |
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Building Code of Australia building classification: |
To be determined by the PC |
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Determination made under Section 4.16 |
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Made On: |
18 December 2018 |
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Determination: |
CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW: |
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Consent to Operate From: |
19 December 2018 |
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Consent to Lapse On: |
19 December 2023 |
Terms of Approval
The reasons for the imposition of conditions are:
(1) To ensure a quality urban design for the development which complements the surrounding environment.
(2) To maintain neighbourhood amenity and character.
(3) To ensure compliance with relevant statutory requirements.
(4) To provide adequate public health and safety measures.
(5) Because the development will require the provision of, or increase the demand for, public amenities and services.
(6) To ensure the utility services are available to the site and adequate for the development.
(7) To prevent the proposed development having a detrimental effect on adjoining land uses.
(8) To minimise the impact of development on the environment.
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Conditions
(1) The development must be carried out in accordance with:
(a) Plans by MCHP Architects:
DA02(REVB), DA03 (REV D), DA05 (REV C) dated 26.08.2017;
DA07 (REV B) DA08 (REV B), DA09 (REV A) dated 17-05-2018;
DA07 (REV B – Roadworks sketch), DA08 (REV A – Roadworks Context Plan)
dated 3.08.2018 (8 sheets)
(b) statements of environmental effects or other similar associated documents that form part of the approval
as amended in accordance with any conditions of this consent.
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PRESCRIBED CONDITIONS |
(2) All building work must be carried out in accordance with the provisions of the Building Code of Australia.
(3) A sign is to be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
(a) showing the name, address and telephone number of the principal certifying authority for the work, and
(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and
(c) stating that unauthorised entry to the site is prohibited.
Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.
(4) Where any excavation work on the site extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:
(a) protect and support the adjoining premises from possible damage from the excavation, and
(b) where necessary, underpin the adjoining premises to prevent any such damage.
Note: This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to this condition not applying.
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PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE |
(5) Full details of external colours and finishes of external materials are to be submitted and approved by Councils Manager Development Assessments prior to the issue of a Construction Certificate.
(6) A geotechnical report shall be submitted and approved by Council’s Manager Development Assessments, that certifies that the site is not at risk from mine subsidence and that the site is suitable for the development having regard to mine subsidence.
(7) Structural details, certified by an engineer are required for the retaining wall to be installed along the southern boundary. A tree management plan is also required to be submitted outlining the details of the retaining wall construction, and including tree protection measures and harm minimisation measures that conform to the Australian Standards that apply to this situation, including AS 4970 – Protection Of Trees on Development sites.
(8) Amended plans are required that are to the satisfaction of the Manager Development Assessments, incorporating the following features:
· 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 fencing on the side facing the development around the perimeter shall also be finished in “Shale Grey” or “Windspray”.
· The cladding to the north-eastern elevation is run horizontally to interpret the local vernacular.
· A full height window is to be inserted into the north-eastern elevation between the cigarette display and office doors.
· The building be provided with a similar hipped 30 degree pitched roof.
· The colour of the gable infills is to be “Windspray”.
· The concrete blockwork on the convenience store shall be clad in horizontal Colorbond “Basalt” and not painted to reflect the local vernacular.
· The site identification sign shall be limited to a maximum height of 5.4m above existing ground levels to ensure the sign element relates to the maximum height of the structures to be erected on the site and 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.
· A revised landscape plan is required that incorporates species suited to the local climate (in particular are frost tolerant), and which have mature heights suited to the growth plots to be provided. Existing species selection in the submitted plans are inappropriate. Further, the landscaping plans shall be amended to incorporate a landscaping strip in the two access driveways to the site to a minimum width of 1.5m (with the landscaping plan showing the existing unauthorised concrete pad in the Council verge area being removed). Plant selection shall incorporate native species capable of achieving a mature height of not less than 4m. This landscape strip shall be provided in the verge area on the southern side of the footpath construction elsewhere required by this consent.
(9) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for alterations to water and sewer. No plumbing and drainage is to commence until approval is granted.
(10) The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.
(11) Engineering plans providing complete details of the proposed driveway and car parking areas are to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials, proposed drainage works, line marking and signage and are to be in accordance with Orange City Council Development and Subdivision Code.
The plans shall detail the removal of the concrete slab between the two driveways and this area reinstated as public footpath. All signage shall be located within the site boundaries.
(12) Engineering plans, showing details of all proposed work and adhering to any engineering conditions of development consent, are to be submitted to, and approved by, Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.
Engineering plans shall include a road pavement design for widening works and all Roads and Maritime Services requirements as follows:
· “No Entry” (R2-4) signs are to be provided on the land at each side of the exit driveway. The signs are to face the Mitchell Highway to advise motorists not to enter the site from the Mitchell Highway via the exit driveway.
· “No Entry” (R2-4) signs are to be erected on the land on each side of the entry driveway. The signs are to face the site to advise motorists not to exit onto the Mitchell Highway via the entry driveway.
· Prior to occupation of the development, signage on the site facing the Mitchell Highway is to be installed displaying “NO FUELING OF VEHICLES OVER 12.5 METRES LONG”.
· Adequate turning circles, storage room and vertical clearance are to be provided within the site for the largest type of vehicle (19 metre fuel tanker) that will visit the site operation.
· All activities including loading and unloading of goods associated with the development are to be carried out on site in the dedicated areas.
· Landscaping, signage and fencing are not to impede sight lines of traffic within or when passing, entering or departing from the site. Safe Intersection Sight Distance (SISD) requirements outlined in Austroads Guide to Road Design Part 4A is to be provided in both directions at the intersection of driveways and the Mitchell Highway.
· Prior to the occupation of the site, a Channelised Right (Short) [CHR(s)] turn lane generally in accordance with Figure 7.7 Part 4A Austroads Guide to Road Design 2017 and relevant Roads and Maritime supplements, is to be provided in the Mitchell Highway at its intersection with the site entry. The intersection works are to be designed and constructed for a 60km/h speed zone and be able to accommodate the largest vehicle accessing the site.
· Prior to occupation of the site, a Basic Left (BAL) turn treatment as shown in Figure 8.2 Part 4A of the Austroads Guide to Road Design 2017 is to be provided at the intersection of site access and the Mitchell Highway. The BAL facility will also need to be sealed and built for a 60km/h environment.
· A formal agreement in the form of a Works Authorisation Deed (WAD) will be required between the developer and Roads and Maritime for the developer to undertake “private financing and construction” of any works on the Mitchell Highway. This agreement is necessary for works in which Roads and Maritime has a statutory interest. A WAD is to be executed prior to issuance of a Construction Certificate.
· Prior to the commencement of construction works, the proponent is to contact Roads and Maritime’s Field Traffic Manager to determine if a Road Occupancy Licence (ROL) is required. In the event that an ROL is required, the proponent is to obtain the ROL prior to works commencing within three (3) metres of the travel lanes on the Mitchell Highway.
· All entry/exit points onto/from the Mitchell Highway, internal vehicular manoeuvring, parking and loading areas are to be constructed, sealed and maintained generally in accordance with submitted plans reference no.17-077-DA07 and 17-077-DA08 prior to the issuance of an Occupation Certificate.
· Signage is to be in accordance with the Department of Planning and Environment’s Transport Corridor Outdoor Advertising and Signage Guidelines 2017, is not to flash, move or be objectionably glaring or luminous.
(13) The Basic Left (BAL) lane shall be shortened such that it is clear of the existing driveway of 4609 Mitchell Highway and in accordance with Roads and Maritime Services requirements.
(14) All stormwater from the site is to be collected and piped to a stormwater treatment system. The design and construction of the stormwater treatment system for the subject land shall ensure that the quality of stormwater leaving the developed site achieves the following stormwater quality targets:
· 90% reduction in the post development average annual gross pollutant (>5 millimetres) load.
· 85% reduction in the post development mean annual load of Total Suspended Solids (TSS);
· 65% reduction in the post development mean annual load of Total Phosphorus (TP);
· 45% reduction in the post development mean annual load of Total Nitrogen loads (TN);
· No observable Hydrocarbons present in stormwater discharge (<10ppm).
Orange City Council is to approve engineering plans for this stormwater system prior to the issuing of a Construction Certificate. The applicant shall undertake comprehensive water quality modelling on for the site, using an accredited assessment tool (recommended using Music™ or other approved assessment tool) and shall include copies of the electronic data files. Treated stormwater shall be piped to the existing roadside inlet pit that shall be reconstructed as a surcharge pit with a grated inlet.
(15) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 0.6 ETs for water supply headworks and 0.9 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.
(16) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.
(17) Backflow Prevention Devices are to be installed to AS3500 and in accordance with Orange City Council Backflow Protection Guidelines. Details of the Backflow Prevention Devices are to be submitted to Orange City Council prior to the issuing of a Construction Certificate.
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PRIOR TO WORKS COMMENCING |
(18) A Construction Certificate application is required to be submitted to, and issued by Council/Accredited Certifier prior to any excavation or building works being carried out onsite.
(19) A temporary onsite toilet is to be provided and must remain throughout the project or until an alternative facility meeting Council’s requirements is available onsite.
(20) Soil erosion control measures shall be implemented on the site.
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DURING CONSTRUCTION/SITEWORKS |
(21) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.
(22) After removal of the underground storage tanks (USTs) from the site, work shall stop until it has been determined that the area under the USTs is free from contamination. Further soil testing for the ground under the USTs shall be completed, with the results also submitted to Council’s Manager Development Assessments. In the event that contamination under the tanks is discovered, work shall cease and further development consent shall be sought for that remediation (note that the remediation of this land must be completed as a Category 1 remediation under State Environmental Planning Policy 55 – Remediation of Land, which is remediation that requires development consent. Work on the site may only recommence on submission and acceptance by Council of the validation report for the related Remediation action Plan.
(23) A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority.
(24) All construction works are to be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans.
(25) All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.
(26) Building demolition is to be carried out in accordance with Australian Standard 2601:2001 - The Demolition of Structures and the requirements of Safe Work NSW.
(27) Asbestos containing building materials must be removed in accordance with the provisions of the Work Health and Safety Act 2011 and any guidelines or Codes of Practice published by Safe Work NSW, and disposed of at a licenced landfill in accordance with the requirements of the NSW EPA.
(28) Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer.
(29) The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.
The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the development from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.
(30) All driveway and parking areas are to be sealed with bitumen, hot mix or concrete and are to be designed for all expected loading conditions (provided however that the minimum pavement depth for gravel and flush seal roadways is 200mm) and be in accordance with the Orange City Council Development and Subdivision Code.
(31) Heavy-duty concrete kerb and gutter laybacks and footpath crossings are to be constructed for the entrances to the proposed development. The location and construction of the laybacks and footpath crossings shall accommodate the turn path of a 19m articulated vehicle. The driveway shall be constructed to the standards stated in the Orange City Council Development and Subdivision Code.
(32) A 1.2m wide concrete pathway shall be constructed between the 2 driveways on the property frontage. Pram ramps shall be installed where the path intersects with kerb. The footpath shall be constructed to the standards stated in the Orange City Council Development and Subdivision Code.
(33) All services are to be contained within the allotment that they serve.
(34) The site is located within an area identified as containing serpentinite rock formations, which can contain chrysotile, a naturally occurring asbestos. Therefore the applicant or person with management or control of the site shall ensure that a written plan (an Asbestos Management Plan) for the site is prepared in accordance with the provisions of the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011. To assist applicants with developing an Asbestos Management Plan, applicants are encouraged to access the ‘Asbestos Management Plan for Orange City Council 2014’, which is available on Council’s website: www.orange.nsw.gov.au
(35) Road widening is to be constructed for the proposed development to the requirements of Roads and Maritime Services. This work shall include full depth road pavement, pavement surfacing and line marking for any new lanes or widened shoulders. The work shall include kerb and gutter construction and an earth-formed footpath on the development side of the road for the full frontage of the development and the full length of the left turn lane into the development.
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PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE |
(36) All equipment must be installed to manufacturer’s recommendations and must comply with all the relevant standards listed within.
(37) 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’.
(38) Landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.
(39) A total of 8 off-street car parking spaces shall be provided upon the site in accordance with the approved plans, the provisions of Development Control Plan 2004, and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.
(40) 1.8m high hardwood timber fencing, lapped and capped shall be provided along the shared eastern boundary of the subject property.
(41) No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.
(42) The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.
(43) Where Orange City Council is not the Principal Certifying Authority, a final inspection of water connection, sewer and stormwater drainage shall be undertaken by Orange City Council and a Final Notice of Inspection issued, prior to the issue of either an interim or a final Occupation Certificate.
(44) A Certificate of Compliance, from a Qualified Engineer, stating that the stormwater treatment system complies with the approved engineering plans is to be submitted to the Principal Certifying Authority prior to the issuing of an Occupation Certificate.
(45) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.
(46) Certification of the installation and commissioning of testable Backflow Prevention Devices shall be submitted to Orange City Council by a plumber with backflow qualifications prior to the issue of an Occupation Certificate.
(47) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation Certificate, unless stated otherwise.
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MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT |
(48) Twelve months after the commencement of operations of the proposed development and every three 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.
(49) 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.
(50) Internal and external illumination (including signage) of the service station is permitted only during the approved hours of operation. Outside of the approved hours, all lighting, except that needed for security and safety purposes shall be switched off.
(51) The hours of operation of the premises shall not exceed 7am to 10pm seven days per week.
(52) No sandwich boards or the like are to be placed on Council's footpath.
(53) A separate development application shall be submitted to and approved by Council prior to the erection of any advertising structures (including business identification signs) or signs of a type that do not meet the exempt development provisions of Orange Local Environmental Plan 2000 (amended) and Development Control Plan 2004.
(54) Emitted noise shall not exceed 5dB(A) above background sound level measured at the nearest affected residence.
(55) Any ancillary light fittings fitted to the exterior of the building are to be shielded or mounted in a position to minimise glare to adjoining properties.
(56) The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.
(57) Copies of maintenance records for servicing of the approved stormwater treatment system shall be forwarded to Council on 1 December annually.
(58) POST-STARTUP COMPLIANCE REPORT
Three months after the commencement of operation of the development, the Applicant shall submit to Council, a report verifying that:
(a) transport routes specified under this consent (generated by the HIPAPS requirements) are being followed;
(b) the Emergency Plan required under this consent and generated by the HIPAPs requirements are effectively in place and that at least one emergency exercise has been conducted; and
(c) the Safety Management System required under this consent and brought out by the HIPAPs requirements have been fully implemented and that records required by the system are being kept.
(59) HAZARD AUDIT
Twelve months after the commencement of operations of the proposed development and every three years thereafter, or at such intervals as Council may agree, the Applicant shall carry out a comprehensive Hazard Audit of the proposed development and within one month of each audit submit a report to Council.
The audits shall be carried out at the Applicant’s expense by a qualified person or team, independent of the development, prior to commencement of each audit and shall be 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.
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Other Approvals
(1) Local Government Act 1993 approvals granted under section 68.
Nil
(2) General terms of other approvals integrated as part of this consent.
Nil
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Right of Appeal
If you are dissatisfied with this decision, Section 8.7 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court. Pursuant to Section 8.10, an applicant may only appeal within 6 months after the date the decision is notified.
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Disability Discrimination Act 1992: |
This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992.
The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation.
The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia. |
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Disclaimer - S88B of the Conveyancing Act 1919 - Restrictions on the Use of Land: |
The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work. |
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Signed: |
On behalf of the consent authority ORANGE CITY COUNCIL |
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Signature: |
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Name: |
PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS |
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Date: |
19 December 2018 |
5.5 Development Application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow
Attachment 2 Plans
Council Meeting 18 December 2018
5.5 Development Application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow
Attachment 3 Submissions
RECORD NUMBER: 2018/3043
AUTHOR: Shirley Hyde, Legal and Property Officer
EXECUTIVE Summary
Council has been contacted by the property owner of 474 Pinnacle Road Orange with a request to close part of Pinnacle Road adjoining the property. This report seeks a Council resolution to proceed with the process.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “14.2 Collaborate - Promote organisational culture that delivers excellent customer service and continuous improvement”.
Financial Implications
Council will receive compensation for the road closure and transfer to private ownership the amount of which will not be known until the process is finalised and a valuation or market appraisal obtained.
Policy and Governance Implications
Nil
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That Council resolves to: 1 Proceed with an application for road closure for part Pinnacle Road, Orange. 2 Once closed, proceed to sell that part of the road closed to the owner of 474 Pinnacle Road, Orange. 3 Grant approval for the use of the Council Seal on any necessary documentation. |
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
Many years ago the property owners of 474 Pinnacle Road constructed a stone face wall to enhance the entrance to their property. The wall was inadvertently constructed on the road reserve and the property owner now wishes to rectify the error by closing part of the Council road from the wall to the property boundary. Maps attached depict the area of road to be closed and the stone wall.
Prior to 1 July 2018, road closure applications were undertaken by the Crown Lands whether the road was a Council or Crown Road. Since 1 July 2018, with the inception of the Crown Lands Management Act 2016, that process has been transferred to Local Councils.
Council staff have inspected the site and deemed the proposed closure to have no adverse effect on Council. The proposed closure would be advertised in a local newspaper allowing the general public to lodge any submissions.
The property owner would be responsible for payment of all costs associated with the closure including application fee, advertising, survey and legal costs. It is anticipated the area of road to be closed to be in the vicinity of 400 m2 and valued at approximately $15 to $20 per m2.
It is recommended that Council resolve to proceed with the road closure.
Location of stone wall
6 Closed Meeting - See Closed Agenda
The General Manager will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.
The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. 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.
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Recommendation 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 2018-2019 Icely Road Water Main Renewal 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 2018-2019 Sewer Rehabilitation Tender Assessment This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.3 Contracts for Linemarking Services 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. |
6.1 2018-2019 Icely Road Water Main Renewal
RECORD NUMBER: 2018/2961
AUTHOR: Joshua Barnes, Water and Sewer Engineer
Reason for Confidentiality
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 2018-2019 Sewer Rehabilitation Tender Assessment
RECORD NUMBER: 2018/2977
AUTHOR: Joshua Barnes, Water and Sewer Engineer
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
6.3 Contracts for Linemarking Services
RECORD NUMBER: 2018/3008
AUTHOR: Mark Frecklington, Assistant Works Manager
Reason for Confidentiality
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.
