ORANGE CITY COUNCIL

 

MINUTES OF THE

Planning and Development Committee

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

ON 3 September 2019

COMMENCING AT 7.00pm

 1      Introduction

Attendance

Cr R Turner (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

Acting General Manager, Acting Director Corporate and Commercial Services, Acting Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Manager Development Assessments, Manager Engineering Services, Executive Support Manager, Administration Officer (Cubbin)

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 19/424                                                                       Cr S Munro/Cr M Previtera

That the apologies be accepted from Cr J Hamling, Cr G Taylor and Cr J Whitton for the Planning and Development Committee of Orange City Council on 3 September 2019.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Taylor, Cr Whitton

 

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

 

Nil

2       General Reports

2.1     Items Approved Under the Delegated Authority of Council

TRIM Reference:        2019/1592

RESOLVED - 19/425                                                                          Cr S Romano/Cr S Munro

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.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Taylor, Cr Whitton

 

2.2     Development Application DA 141/2019(1) - Lot 78 Lantana Place

TRIM Reference:        2019/1787

MOTION                                                                                              Cr S Nugent/Cr T Mileto

That Council resolves to consent to development application DA 141/2019(1) for Multi Dwelling Housing (10 dwellings) at Lot 78 DP 1172183 - Lantana Place, Orange pursuant to the conditions of consent in the attached Notice of Approval.

AMENDMENT                                                                                     Cr K Duffy/Cr S Romano

That item 2.2 be deferred in order to receive a further report from Council addressing the social and economic impacts of the proposed development on neighbouring residents.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST

Crs Duffy, Munro and Romano voted in favour of amendment.

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 19/426                                                                            Cr S Nugent/Cr T Mileto

That Council resolves to consent to development application DA 141/2019(1) for Multi Dwelling Housing (10 dwellings) at Lot 78 DP 1172183 - Lantana Place, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

 

Division of Voting

Voted For

Cr R Kidd (Mayor), Cr J McRae, Cr T Mileto, Cr S Nugent, Cr M Previtera, Cr R Turner

Voted Against

Cr K Duffy, Cr S Munro, Cr S Romano (Deputy Mayor)

Absent

Cr J Hamling, Cr G Taylor, Cr J Whitton

 

 

 

2.3     Development Application DA215/2019(1) - 36-40 Turner Crescent (Centre Based Child Care Facility)

TRIM Reference:        2019/1822

MOTION                                                                                              Cr R Turner/Cr S Munro

That Council resolves to consent to development application DA 215/2019(1) for Centre Based Child Care Facility at Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

AMENDMENT                                                                                       Cr S Nugent/Cr K Duffy

That item 2.3 be deferred in order to allow Councillors a further opportunity to meet on-site with residents regarding the traffic concerns raised by residents.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST

Crs Duffy and Nugent voted in favour of amendment.

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 19/427                                                                            Cr R Turner/Cr S Munro

That Council resolves to consent to development application DA 215/2019(1) for Centre Based Child Care Facility at Lot 194 DP 1007290 - 36-40 Turner Crescent, 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 J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr R Turner

Voted Against

Cr K Duffy

Absent

Cr J Hamling, Cr G Taylor, Cr J Whitton

 

MATTER ARISING

Cr Munro requested information be provided to Councillors on potential steps that could be taken to address residents traffic concerns, including consideration of whether or not Turner Crescent could be made a one-way street.

 

 

2.4     Development Application DA 42/2018(3) - 167-177 Peisley Street and 185-187 Peisley Street, Orange (Aldi Foods Pty Ltd)

TRIM Reference:        2019/1534

RESOLVED - 19/428                                                                             Cr S Munro/Cr T Mileto

That Council  prepare a Notice of Refusal for DA 42/2018(2) for Shop (alterations and additions to existing building) at Lot 500 DP 1033145 - 167-177 Peisley Street, and Lot 96 DP 1190941 – 185-187 Peisley Street, Orange for the following reasons:

1            The proposed link would result in the loss of two car parking spaces within the existing Aldi carpark, causing potential adverse impacts on the surrounding on-street parking and public car parking availability; and

2            The proposed carpark link would adversely impact on the traffic flow in an already congested Aldi carpark; and

3            The proposed carpark link would adversely impact on the traffic flow in an already congested Council public carpark; and

4            The proposed carpark link would adversely impact on the availability of parking in an already congested Council public carpark; and

5            The proposed link would provide no economic benefit to Council; and

6            The development is not in the public interest

 

 

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 Nugent, Cr M Previtera, Cr R Turner

Voted Against

Cr S Munro

Absent

Cr J Hamling, Cr G Taylor, Cr J Whitton

 

2.5     Development Application - DA 81/2019(1) - 111 Clinton Street

TRIM Reference:        2019/1692

RESOLVED - 19/429                                                                        Cr M Previtera/Cr J McRae

That Council resolves to consent to development application DA 81/2019(1) for Demolition of Garage, Carport, and Swimming Pool; Partial demolition and replacement of western portion of existing Dwelling House; Partial demolition and replacement of boundary fencing; New detached Garage (ground floor) with Secondary Dwelling (first floor) at Lot 1 DP 196341 - 111 Clinton 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 J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr R Turner

Voted Against

Cr K Duffy

Absent

Cr J Hamling, Cr G Taylor, Cr J Whitton

 

2.6     Planning Proposal to rezone 1 Leewood Drive from IN1 General Industrial to B6 Enterprise Corridor

TRIM Reference:        2019/1783

RESOLVED - 19/430                                                                                 Cr R Kidd/Cr T Mileto

1        That Council advise the proponent that rezoning the land to B6 Enterprise Corridor is not supported on the grounds that residential accommodation and tourist and visitor accommodation at 1 Leewood Drive creates an unreasonable potential for land use conflicts with the adjoining industrial estate.

2        That Council support a revised planning proposal in relation to 1 Leewood Drive being sent to the Department of Planning, Industry and Environment for a Gateway Determination, subject to the following:

·         The subject land is to remain IN1 General Industrial zone.

·         An Additional Permitted Use (APU) listing be drafted for inclusion in schedule 1 in relation to 1 Leewood Drive.

·         The APU listing is to enable as permissible development: Office Premises; Business Premises; Community Facilities; Plant nurseries; Rural supplies; Take away food and drink premises, and Highway Service Centres.

3        That Council advise the proponent that subsequent development of 1 Leewood Drive may be required to contribute towards a pedestrian crossing facility commensurate with the type and scale of development proposed and that, in addition to any relevant gateway conditions, a suitable arrangement must be agreed prior to formal public exhibition being undertaken. Such agreement shall as a minimum encompass:

·         Design and construction work

·         Timing

·         Costs and apportionment

·         Appropriate funding mechanism

 

** Cr Romano left the Chamber with the time being 9.00pm**

Division of Voting

Voted For

Cr R Kidd (Mayor), Cr K Duffy, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr R Turner

Voted Against

Nil

Absent

Cr J Hamling, , Cr G Taylor, Cr J Whitton, Cr S Romano (Deputy Mayor)

 

 

 

** Cr Romano returned to the Chamber with the time being 9.02pm**

 

2.7     Draft Planning and Development: Community Participation Plan

TRIM Reference:        2019/1789

RESOLVED - 19/431                                                                        Cr J McRae/Cr M Previtera

That Council resolves:

1        To amend Development Control Plan 2004 (Chapter 5) by removing provisions for         exhibition of development applications, and reference instead the Planning and      Development: Community Participation Plan 2019.

2        To update the attachment to ST024 being the Declaration of Planning and   Development Assessment Procedures and Protocols from Version 4 to Version 5.

3        To update ST024 to ensure the Policy references the correct attachment (being    Version 5 attachment).

4        To update delegations in accordance with Version 5 of the attachment to    Declaration of Planning and    Development Assessment Procedures and Protocols.

5        To place the draft Planning and Development: Community Participation Plan 2019,        the draft Version 5 attachment to ST024, and draft amendment to Development        Control Plan 2004 (Chapter 5) on public exhibition for a period of 28 days.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Taylor, Cr Whitton

 

 

The Meeting Closed at 9.06PM.