Agenda of Council Meeting - 17 December 2019

Council Meeting 17 December 2019

2.1 Centroc and Central NSW Joint Organisation Meetings November 2019

RECORD NUMBER: 2019/2719

Mayoral Minute

The CEO and I attended the Board meeting of Centroc and Central NSW Joint Organisation (JO) on Wednesday 27 November 2019 at the ACT Legislative Assembly in Canberra. Draft minutes are attached to this report. This report outlines discussions held at both meetings.

Recommendation

That the Mayoral Report from the Board meetings for Centroc and Central NSW Joint Organisation Meeting held 27 November 2019 and the Round table discussion with Ministers at Parliament House 28 November held in Canberra be noted and;

1 That Councillors and staff be asked to take the tourism data survey for the region; and

2 That Council receive a report on joining the Murray Darling Association.

Cr Reg Kidd
Mayor

SUPPORTING INFORMATION

The Board was welcomed to the ACT by Andrew Barr MLA, ACT Chief Minister, Treasurer, Minister for Economic Development, Minister for Urban Renewal, Minister for Tourism and Events.

Cr Rowena Abbey, The Mayor of Yass Valley Council & Chair of Canberra Region JO, welcomed the CNSWJO to their region.

The Board heard presentations from Ms Bettina Konti, Chief Digital Officer ACT Government, Mr Noel McCann, Director of Government Relations & Planning and Brendan Smyth, the ACT Commissioner, for International Engagement both from Canberra Airport. Copies of their presentations are available on request.

Cr James Hayes OAM, Mayor of Snowy Valleys Council and Ms Gabbi Cusack, Executive Officer of the Canberra JO were both in attendance.

The following day Thursday 28 November, I attended Parliament House to participate in round table discussions with the following politicians.

· The Hon Michael McCormack, Deputy Prime Minister, Minister for Infrastructure, Transport and Regional Development, Member for Riverina

· The Hon Mark Coulton, Minister for Regional Services, Decentralisation and Local Government

· The Hon Josh Frydenberg, Treasurer

· The Hon David Littleproud, Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management

· The Hon Angus Taylor, Minister for Energy and Emissions Reduction

· The Hon Sussan Ley, Minister for the Environment

· The Hon Dan Tehan, Minister for Education

· The Hon Andrew Gee, Assistant Minister to the Deputy Prime Minister, Member for Calare

· Senator The Hon Bridget McKenzie, Minister for Agriculture

The Board was hosted by the Hon Michael McCormack as the Member for Riverina. We expressed our appreciation to both his staff and Michael himself for his support and the opportunity for the region.

Despite the interruption of the division bells, the Ministers addressed the Board, noting the impact drought is having on our communities and encouragement to continue to advocate the good stories. A summary follows.

Reports from Centroc

The Board were presented with the Statement of Finances. The information did not vary from the accounts provided to the Board in August 2019 and the Board resolved to adopt the Statement of Finances for Centroc.

Reports to Joint Organisation

Advocacy

Advocacy Plans were adopted and the Board resolved to share the policy position of each with LGNSW. These include:

• Regional Prosperity Advocacy Plan

• Regional Transport Advocacy Policy

• Regional Water Advocacy Plan

• Draft Drought Advocacy Plan

The Central West Food and Fibre Plan and its implementation plan was provided for member consideration. Please request.

Energy Program

The Board resolved to investigate the opportunities of the recently announced renewable energy zone.

An update was provided on the cost savings anticipated for the next three years from the recently agreed electricity procurement. Councils will have a share in cost savings of $2.37M over 3 years achieved through the procurement process for the supply of electricity for large market sites. More advice on savings for small sites will be provided in due course.

The estimated cost savings are shown in the table following. A per Council breakdown can be provided on request.

The cost savings for small market sites are still being calculated and will be reported to the next Board meeting.

Internal Audit and Risk Management Report

Council will be aware that the Office of Local Government (OLG) has produced draft guidelines for internal audit and risk management seeking feedback. A response will be provided to the OLG by the JO and members are encouraged also to write their own responses. Please request the draft which has been circulated to General Managers to facilitate Council feedback on their concerns.

The response

a Is supportive of a strategic approach to internal audit and risk management;

b Suggests a less prescriptive approach, than that suggested in the guidelines;

c Is not supportive of leveraging Section 377 of the Local Government Act where Councils delegate internal audit and risk management functions to the JO;

d Notes the diversion of resource required for a Joint Organisation to fulfil these guidelines will be counterproductive and is at risk of contributing to JO network failure;

e Request that JOs be exempt from the new Internal Audit and Risk Management Framework for NSW; and

f Includes Member Councils concerns.

Tourism Data Tool by Western Research Institute and support for a collaborative project with Arts Out West delivering arts and culture journeys

Five JO members get no tourism data at all from Tourism Research Australia or Destination NSW. Advice collected is for accommodation over 14 rooms and therefore misses the majority of our visitor economies – Visiting Friends and Relatives. Further, advice from the Regional Economic Development Strategies has tourism data collected in Functional Economic Regions only, not by Local Government Area.

To help build our understanding of the value of tourism, the JO is collaborating and co-investing with Council, Destination Network Outback & Country and WRI on a tourism data project. Members are encouraged to support providing data into the program including promoting the visiting friends and relatives (VFR) survey though the community and through Council staff and family.

https://www.wri.org.au/surveys

The Board also resolved to support the printing of collateral for arts and culture journeys through the region.

Regional Transport

The Board resolved to write to the Minister for Regional Roads, the Hon Paul Toole, seeking advice on the update of the Bells Line of Road Corridor.

A reviewed Advocacy Plan will be provided that identifies one or two priorities for the Board to focus its advocacy efforts, this is expected as a report to the next Board meeting.

Regional Water

This is a fast-moving portfolio. The Water Utilities Alliance Manager was thanked for her efforts in keeping all well informed.

Advice was provided in the Confidential Briefing Note No. 3 regarding water security for urban water utilities in the current unprecedented drought.

A strategic subcommittee including the sponsoring GMs, other interested GMs, the Portfolio Mayor and Chair to provide a higher level of strategic support for a regional response to emergency town water needs and long-term planning in the short term.

The Board agreed arrangements be developed with the strategic subcommittee and in consultation with member Councils for emergency water management between towns across the region that (based on previous Board policy) address the following heads of consideration:

a Arrangements for the sharing of water for emergency water needs between towns across the region so that the burden of providing infrastructure for critical urban water transfers is borne equitably by the region (for example through the development of instruments and agreements not structures);

b Ownership and management by LG of any such infrastructure built to transfer emergency water between towns across the region for critical human needs;

c On-going operational costs for emergency water infrastructure;

d A multi-source approach to the supply of emergency water that enables options to be switched on or off as needed with these to be linked to State and local based triggers; and;

Receive a report to the February 2020 Board meeting.

The JO will also undertake advocacy seeking early engagement in the Wyangala Dam wall raising and Lake Rowlands to Carcoar Dam projects with a view to being able to influence outcomes.

There has been a significant amount of consultation including submissions in region for the past quarter. These include:

• a response to the Lachlan Regional Water Strategy

• a report was provided to the JO Executive Officer network on a potential cross JO project for the development of Regional Town Water Strategies

• a response to the State Water Strategy

• input to the Lachlan Regional Water Strategy was provided to the Independent Panel assessing the social and economic conditions in the Murray Darling Basin

• A response provided to LGNSW for the NSW Legislative Assembly Committee on Investment, Industry and Regional Development inquiry into support for drought affected communities in NSW

Given the drought and its impacts, including potential change of the Murray Darling Basin Plan, this Board recommends Council become a member of the Murray Darling Association.

The Board continues to Advocate strongly that Councils are responsible and experienced water utility managers that seek to work collaboratively with all levels of Government on water security solutions.

A meeting was held with the Minister for Water, Property and Housing on Tuesday 26 November.

Actions from that meeting include:

1 Thank Minister Pavey for visiting the region Tuesday 26 November 2019;

2 Seek to work through the Minister’s office on developing a collaborative approach to water security in Central New South Wales within existing policy;

3 Noting that existing policy is for the sharing of water to be through instruments rather than structures seek funding from and engagement with the state on progressing such an approach; and

4. Reaffirm the region’s policy position of councils including county councils retaining control of their water utilities assets.

The Board will also seek advice on the correlation between surface and bore water.

Reporting on progress of the Strategic Plan

The Chair of the CNSWJO has requested a more structured approach to the value to members. The suggested format for this advice is below. It is intended to transition the savings and grant funding across while drawing a line in the sand and starting afresh for the JO where this report would provide the starting point for the new advice.

Value for members	Activity FYTD	Activity this Quarter
Submissions	6	050919 - Inquiry into Jobs for the Future in Regional Areas 100919 – Joint Submission with RDACW/CNSWJO to Regional Connectivity Program 120919 - Inquiry into sustainability of energy supply & resources in NSW 081119- Inquiry into Regional Australia
Plans, strategies and collateral	6	NAMAF – reports provided to all tranche 1 and 2 Councils including Blayney, Cowra, Forbes and in this quarter, Parkes, Cabonne, Bathurst and Oberon. Independent Audits of DPIE Water Performance Monitoring Data completed for Orange and Bathurst and reports provided. Dam surveillance inspections completed for Bathurst (Chifley Dam) and CTW (Lake Rowlands) and draft reports issued. Bridge Assessments – all councils have now received their reports for Tranche 1a and Tranche 2. A draft regional report is being developed. The Regional Food and Fibre Strategy completed. Transport Issues Paper developed with TfNSW and circulated for member’s feedback. Advice will inform TfNSW Integrated Transport Plan.
Grants	$14,594	$14,594 for training delivered under funding by TAFE NSW to Cowra Council & Lachlan Shire Council for the July to September 2019 quarter. Application requested by OEH for funding for the Southern Lights Project was unsuccessful. $150K being negotiated for the JO with OLG.
Compliance	5	Compliance training courses delivered across the region: · Enter & Work in Confined Spaces – Full course + Refresher – 19 participants · Traffic Control Training (TC + ITCP) - 11 participants Mandatory Independent Audits of DPIE Water Performance Monitoring Data completed for Orange and Bathurst and reports provided.
Data	3	Tourism data project through WRI Transit data through the Inland Rail project has been negotiated for the whole region. DPIE Water Performance Monitoring Data currently being collated for benchmarking the region’s LWUs.

Media including social media	3 plus please request the Excel Spreadsheet on tourism publications	1. 17919 Media Release calling for sensible work on water security. 2. 151019 Media Release – Funding Announcement for Wyangala Dam 3. 151119 Media Release – Host Survey Tourism PR update The advertising value for the PR media generated in January-June 2019 is $449,350. Highlights include a Media Trip titled “Travelling with a Friend” by Country Style with accommodation for the trip scheduled for Forbes and attending “Grazing Down the Lachlan”. The Sydney Morning Herald “Traveller” ran a double page feature on the opening weekend of the new Byng St Boutique Hotel (see photos below). Gabrielle Brewer has provided advice that the generated exposure for Central NSW Tourism regions & experiences in major media outlets to the advertising value of approx. $1m+ for 2019. This includes 16 media touring the region; 8 media releases that were distributed to 400+ media & industry contacts; over 150 articles appeared in digital news & travel media, newspapers, magazines, radio, tv & blogs. Couples & the family market in Sydney & NSW were targeted and articles were all driving people to the www.visitcentralnsw.com.au website. Please find examples following. This article featured in the Sydney Morning Herald “Traveller” magazine in early October 2019: This article was published in the NRMA “Open Road” Magazine - September/October 2019 issue: The Aug/September issue of Blue Mountains Life Magazine featured the Bathurst Spring Spectacular: Social Media · Central NSW Joint Organisation Facebook Page – 301 likes 396 Followers · Central NSW Tourism Facebook Page – 12,551 likes 12,955 Followers · Screen Central Facebook Page – 300 likes 345 Followers · Central NSW Tourism Instagram Page – 4,478 Followers · Central NSW JO Twitter – 937 Followers
Cost Savings	$345k since 1 July 2019	See cost savings table below for details. New contracts for the July to September quarter include: 1. Auditing of Performance Monitoring Data for Water and Sewer 2. Stage 1 of BPAP – Legal Advice 3. Internal Audit of Cyber Security 4. Electric Vehicle Toolkit 5. Supply and Delivery of Bulk Fuel 6. Employee Assistance Program 7. Dam Surveillance 8. Restocking of First Aid Kits
Representation	56	120819 - Strategic Transport Group meeting 140819 - Workshop Regional transport enabling future economic growth 220819 - CNSWJO Board meeting – Parkes. In attendance was Federal Minister for Regional Services, Decentralisation and Local Government, the Hon Mark Coulton. 270819 - CNSWJO HR Group meeting 270819 - Health Precinct 10 year strategy workshop - Dubbo 280819 - Orana WUA & CNSWJO – meeting re water and wastewater training 280819 - Destination and Outback Country – Fossil Experience Workshop 020919-040919 – LGNSW Water Conference - Albury 090919 – Southern Lights/Essential Energy meeting 090919 – BPAP Meeting 1 with LTL for Legal Advice 100919 – EV Toolkit Project Inception Meeting 110919 – CNSWJO - meeting with DPIE Water, Regional Water Strategies team on engagement with Central NSW Councils 160919 - DPIE Water Critical Water Advisory Panel- Northern Rivers teleconference 160919 - Transport Technical Meeting 170919 - Orange 360 Bicycle Tourism Project – meeting 180919 - Sustaining the Regions – Working group meeting lead by LGNSW 240919 - RLE Orana, Central Tablelands Drought Task Group meeting – Dubbo 250919 - CNSWJO – Lachlan Valley Water meeting re Regional Water Strategy 260919 - WRI Big Ideas event – Bathurst 270919 - Presentation to Mens Probus Forbes 300919-011019 - LGNSW JO forum conference – Sydney 021019 - Southern Lights/Essential Energy meeting 081019 - Regional Integrated Transport Group (RITG) 101019 - Inland Rail Information Session 111019 - Regional Prosperity Sub-committee 161019 - BPAP Meeting 2 with LTL 171019 - WaterNSW/DPIE Water- Lachlan Local Water Utilities Drought meeting 171019 - CWUA meeting 211019 - Regional Strategic Transport meeting 231019 - Regional Planners Meeting 241019 - GMAC 241019 - Lachlan Regional Water Strategy 301019 - Joint Organisation – Executive Officers Meeting 301019 - Joint Organisation Chair Meeting 061119 - Tourism Managers Group Meeting 071119 - WaterNSW - Lake Rowlands to Carcoar Dam Briefing 081119 - Critical Water Advisory Panel Southern - Lachlan 121119 - Southern Lights/Essential Energy meeting 221109 - Central NSW JO Matrix Review
Opportunities councils have been afforded	14	· Essential Energy issues raised regional on service levels · Round 2, Restart NSW Bridge assessments · WRI big ideas event – Region focused · LGNSW – Commitment to Joint Organisations Event · Consultations with individual Councils and region for Regional Water Strategy · Round table discussions with Federal Ministers

Compliance, Policy review and dates for 2020

That the Board resolved to adopt the 2019 Annual Performance Statement and place it on the website.

Members Pecuniary Interest Returns under s450a of the Local Government Act 1993 were provided.

Amendments to the Joint Organisation Policy and Procedure Manual were provided and adopted.

The dates for the 2020 GMAC and Board meetings be:

Board	27 February	28 May	27 August	26 November
GMAC	30 January	7 May	23 July	22 October

Adoption of Audited General Purpose Statements for period 11 May 2018 to 30 June 2019

The Board adopted the CNSWJO Joint Organisation General Purpose Financial Statements for the period 11 May 2018 to 30 June 2019. This is a requirement to comply with the Local Government Act.

Prioritisation of $150K Joint Organisation Capacity Building Fund

The Board approved three funding applications under the Joint Organisation Capacity Building Fund:

· Best Practice in Aggregated Procurement budgeted at $35K;

· Understanding and supporting the new role of our CBDs – a project of the Regional Prosperity Subcommittee budgeted at $50K; and

· Regional Capacity Building in Energy Innovation budgeted at $65K

These have now been lodged with the OLG and we await their decision.

Regional Bridges Assessment Report

The Confidential report by Pitt and Sherry has provided a cost estimate of repairs, for all bridges and culverts and a cost estimate of replacement for the 8 bridges and 15 culverts where replacement is recommended.

CNSWJO staff have had preliminary discussions with Public Works Advisory and Transport for NSW regarding options for a collaborative approach by members to conduct the next steps of the project, consisting of the repair and replacement of identified bridges. It is recommended that the Board receive a report in due course regarding potential options for a collaborative approach to the next steps.

The Regional Bridge Assessment Report was endorsed to be used to access further funding.

Regional Smart Approved Water Mark Subscription

Members of the Centroc Water Utilities Alliance (CWUA) received a presentation from Smart Approved Water Mark in early August. Most councils already have existing agreements with Smart Approved Water Mark which are due for re-negotiation prior to December 2019 and have been provided a regional offer at a reduced rate for a regional subscription, which will save the region per annum.

Round table Discussion Summary with Ministers

Hosted by The Hon Michael McCormack, Deputy Prime Minister, Minister for Infrastructure,

Transport and Regional Development, Member for Riverina, the Board held discussion with:

· The Hon Mark Coulton, Minister for Regional Services, Decentralisation and Local Government

· The Hon Josh Frydenberg, Treasurer

· The Hon David Littleproud, Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management

· The Hon Angus Taylor, Minister for Energy and Emissions Reduction

· The Hon Sussan Ley, Minister for the Environment

· Hon Dan Tehan, Minister for Education

· Hon Andrew Gee, Assistant Minister to the Deputy Prime Minister, Member for Calare

· Senator the Hon Bridget McKenzie, Minister for Agriculture

A significant amount of discussion was around drought and ongoing drought support. Other issues raised included:

· Federal Assistance Grants and funding to Local Government more broadly

· Rural and remote health

· Telecommunications

· Electricity and energy market challenges

· Water Sharing Agreements

· Better vocational and tertiary education in region including direct funding to local government

The Treasurer provided advice on the strength of the economy and the opportunity for communities in Central NSW to leverage the new foreign trade agreements.

This theme was picked up by other Federal members and follow-up work with Minister Bridget McKenzie will be undertaken seeking alignment between the Federal approach and the Central West Food and Fibre Strategy.

Follow-up will also be undertaken regarding water projects where Andrew Gee, Member for Calare and the Assistant Minister to the Deputy Prime Minister has offered to shepherd projects through.

RDA Central West Chair, Christine Weston, and Chief Executive Officer, Sam Harma, provided an update on the RDA Forum in Canberra, tips and tricks for the Building Better Regions Fund and where the Central West RDA is heading.

Attachments

1 Centroc Board Meeting and Central NSW Joint Organisation Meeting - 27 November 2019 - Minutes, D19/73108 ⇩

Minutes of the Central NSW Joint Organisation meeting 27 November 2019 held at ACT House in Canberra.

Cr S Ferguson	Blayney Shire Council	Cr M Kellam	Oberon Council
Cr K Beatty	Cabonne Council	Cr R Kidd	Orange City Council
Cr B West	Cowra Shire Council	Cr K Keith	Parkes Shire Council
Cr J Webb	Forbes Shire Council	Cr M Liebich	Weddin Shire Council
Cr J Medcalf	Lachlan Shire Council

Attendees, voting members in bold.

Mr D Sherley	Bathurst Regional Council	Cr D Somervaille	Central Tablelands Water
Ms R Ryan	Blayney Shire Council	Mr G Rhodes	Central Tablelands Water
Mr B Byrnes	Cabonne Council	Mr D Waddell	Orange
Mr D Wymer	Cowra Shire Council	Mr P Evans	OLG
Mr G Tory	Lachlan Shire Council	Ms J Bennett	Central NSW JO
Mr S Loane	Forbes Shire Council	Ms Meredith Macpherson	Central NSW JO
Mr G Wallace	Oberon Council	Ms A Thomas	Central NSW JO
Mr K Boyd	Parkes Shire Council	Ms K Barker	Central NSW JO
Mr G Carroll	Weddin Shire Council	Ms V Page	Central NSW JO

1. Opening meeting 1.55pm

2. Acknowledgement to Country by Chair

3. Apologies applications for a leave of absence by Joint Voting representatives

Cr B Bourke, Cr K Sajowitz, Cr P Miller, Mr P Devery, Ms C Weston, Mr S Harma, Mr A Albury

Resolved Cr K Keith/Cr J Webb

That the apologies for the Central NSW Joint Organisation Board meeting 22 August 2019 listed above be accepted.

4. Minutes

4a Noting of the Minutes of the GMAC meeting 24 October 2019 held in Orange

Resolved Cr R Kidd/Cr M Kellam

That the Central NSW Joint Organisation Board confirm the Minutes of the GMAC meeting 24 October 2019 held in Orange.

4b Confirmation of the Minutes of the Central NSW Joint Organisation meeting 22 August 2019 in Parkes

Resolved Cr S Ferguson /Cr R Kidd

That the Central NSW Joint Organisation Board confirm the Minutes of the meeting 22 August 2019 held in Parkes

5. Business Arising from the Minutes – Matters in Progress

Resolved Cr B West/Cr K Keith

That the Central NSW Joint Organisation Board note the Matters in Progress, making deletions as suggested.

6. Reports to Statement of Regional Strategic Priority

Priority One: Inter-council Co-operation

a. Procurement Report

Resolved Cr K Beatty/Cr B West

That the Board note the Procurement Report and

1. approve the 12-month extension of the road signs contract (S1 2018) with Artcraft, Barrier Signs and DeNeefe until 31 December 2020;

2. approve the 12-month extension of the bitumen emulsion contract (S2_2018) with Boral Asphalt until 31 March 2021;

3. approve the 12-month extension of the linemarking services contract (R2_2018) with Avante, Central West Linemarking, Complete Linemarking, Oz Linemarking and Red Squirrel;

4. approve a 6-month extension of the contract with Common Thread Consulting for the Procurement Support for Water Main Condition Assessment;

5. approve the Water Main Condition Assessment Pilot contract to include a management fee of 1.5% of the total value of the contract, which will be payable by the successful Contractor/s;

6. note that the structure of contract management fees to CNSWJO will remain as is until the Best Practice in Aggregated Procurement Program is completed, at which time a report will be provided to GMAC and the Board on the recommendations for aggregated procurement by the JO, including a report on options on fees and funding of aggregated procurement;

7. note the contract management fees being charged for current contracts; and

8. receive reports regarding management fees for any upcoming procurement processes for approval of the percentage contract management fee to be charged.

b. Energy Programming Report

Resolved Cr R Kidd/Cr B West

That the Board note the Energy Programming Report and

1. Vary the existing contract with Sourced Energy to raise the management fee from the large market retailer by 0.25% which will be payable to CNSWJO;

2. Note the cost savings of $2.37m over 3 years achieved through the procurement process for the supply of electricity for large market sites;

3. Draft a media release to voice frustration with the delays of the LED roll outs; and

4. Investigate the opportunities of the recently announced renewable energy zone.

c. Internal Audit and Risk Management Report

Resolved Cr B West/Cr S Ferguson

That the Board note the new Internal Audit and Risk Management Guidelines advice from the Office of Local Government and

1. provide a response that:

a. Is supportive of a strategic approach to internal audit and risk management;

b. Suggests a less prescriptive approach, than that suggested in the guidelines;

c. Is not supportive of leveraging Section 377 of the Local Government Act where Councils delegate internal audit and risk management functions to the JO;

d. Notes the diversion of resource required for a Joint Organisation to fulfill these guidelines will be counterproductive and is at risk of contributing to JO network failure;

e. Request that JOs be exempt from the new Internal Audit and Risk Management Framework for NSW; and

f. Includes Member Councils concerns; and

2. Members are encouraged to write their own responses.

d. Administration Update

Resolved Cr B West/ Cr K Keith

That the Board note the timeline for the implementation of the JO.

Priority Two: Regional Prosperity

a. Central West and Orana Food and Fibre Strategy report

Resolved Cr B West/Cr J Webb

That the Board note the report on the Central West Food and Fibre Strategy and

1. endorse the Strategy; and

2. note that advice on implementation is being progressed through the Regional Prosperity Subcommittee.

b. Regional Prosperity and Advocacy Plan

Resolved Cr B West/Cr K Keith

That the Board note the report on the Regional Prosperity Advocacy Plan;

1. Adopt the Plan; and

2. Share the policy position with LGNSW.

c. Tourism Data Tool by WRI and support for a collaborative project with Arts Out West delivering arts and culture journeys

Resolved Cr B West/Cr J Webb

That the Board note the report on the Tourism Data Tool and support for a collaborative project with Arts Out West delivering arts and culture journeys and;

1. encourage members to support providing data into the program including promoting the visiting friends and relatives (VFR) survey though the community and through Council staff; and

2. amend the Tourism Budget transferring the $5000 for the second round of the Regional Passport Project to a collaborative project with Arts Out West for arts and culture journeys.

Priority Three: Regional Transport and Infrastructure

a. Regional Transport Advocacy Policy, Prioritisation and Freight Links Mapping.

Resolved Cr K Keith/Cr B West

That the Board

1. Endorse the changes to the Department of Planning, Industry and Environment regional network map;

2. Note the “Central West and Orana Transport Issues & Insights” report and that while it is complete, the transport planning process in region welcomes feedback through the JO;

3. Provide a submission to the consultation on the Lithgow to Katoomba Corridor for the upgrade of the Great Western Highway within existing policy;

4. Adopt the CNSWJO Transport Advocacy Plan noting the need to update the Matrix in line with advice below;

5. Endorse the 58 projects listed on the Matrix to the with the exception of priority 1;

6. Note priority 1 of the Matrix is under review to align it with the Transport Advocacy policy;

7. Note that a review of the Matrix is underway;

8. Write to the Minister seeking advice on the update of the Bells Line of Road Corridor;

9. Provide updated mapping to the Board; and

10. Provide a reviewed the Advocacy Plan that identifies one or two priorities for the Board to focus its advocacy efforts.

Priority Four: Regional Water

a. Regional Water, Advocacy Plan

Resolved Cr D Somervaille/Cr K Beatty

That the Board note the report on the Regional Water Advocacy Plan (the Plan) and

1. Adopt the Plan; and

2. Share the policy position with LGNSW.

b. Regional Water Report

Resolved Cr B West/Cr M Liebich

That the Board:

1. Note advice provided in the Confidential Briefing Note No. 3 regarding water security for urban water utilities in the current unprecedented drought;

2. Note that GMAC have agreed to form a strategic subcommittee including the sponsoring GMs, other interested GMs, the Portfolio Mayor and Chair to provide a higher level of strategic support for a regional response to emergency town water needs and long-term planning in the short term;

3. Agree arrangements be developed with the strategic subcommittee and in consultation with member Councils for emergency water management between towns across the region that (based on previous Board policy) address the following heads of consideration:

a) Arrangements for the sharing of water for emergency water needs between towns across the region so that the burden of providing infrastructure for critical urban water transfers is borne equitably by the region (for example through the development of instruments and agreements not structures);

b) Ownership and management by LG of any such infrastructure built to transfer emergency water between towns across the region for critical human needs;

c) On-going operational costs for emergency water infrastructure;

d) A multi-source approach to the supply of emergency water that enables options to be switched on or off as needed with these to be linked to State and local based triggers; and;

e) Receive a report to the February 2020 Board meeting.

4. Undertake advocacy seeking early engagement in the Wyangala Dam wall raising and Lake Rowlands to Carcoar Dam projects with a view to being able to influence outcomes;

5. Adopt the response to the Lachlan Regional Water Strategy provided under the hand of the Chair;

6. Note the report to the JO Executive Officer network on a potential cross JO project for the development of Regional Town Water Strategies;

7. Adopt the response to the State Water Strategy provided under the hand of the Chair;

8. Note that a copy of the CNSWJO’s input to the Lachlan Regional Water Strategy has been provided to the Independent Panel assessing the social and economic conditions in the Murray Darling Basin;

9. Commend to members that they become members of the Murray Darling Association;

10. Endorse the response provided to LGNSW for the NSW Legislative Assembly Committee on Investment, Industry and Regional Development inquiry into support for drought affected communities in NSW noting that the CNSWJO response will be provided based on this;

11. Advocate strongly that Councils are responsible and experienced water utilities managers that seek to work collaboratively with all levels of Government on water security solutions; and

12. Commend to members that they include this messaging in their media releases and advocacy.

13. Thank Minister Pavey for visiting the region Tuesday 26 November 2019;

14. Seek to work through the Minister’s office on developing a collaborative approach to water security in Central New South Wales within existing policy;

15. Noting that existing policy is for the sharing of water to be through instruments rather than structures seek funding from and engagement with the state on progressing such an approach; and

16. Reaffirm the region’s policy position of councils including county councils retaining control of their water utilities assets.

7. Supplementary motion on water policy

Resolved Cr K Keith/Cr R Kidd

That the Board seek advice on the correlation between surface and bore water and meet with the Minister as required.

8. Suspension of standing orders to receive a presentation from Canberra Airport at 3:30pm

Resolved Cr K Beatty/Cr S Ferguson

That the Board suspend standing orders.

9. Resumption of the meeting at 4:20pm

Resolved Cr B West/Cr S Ferguson

That the Board resume the meeting.

10. Report to the Central NSW JO Strategic Plan and Statement of Regional Strategic Priority 2019/2020

Resolved Cr K Beatty/Cr S Ferguson

That the Board note the report to the Central NSW JO Strategic Plan and Statement of Regional Strategic Priority.

11. Compliance, policy review and dates for 2020

Resolved Cr K Keith/Cr K Beatty

That the Board note the Compliance report and;

1. Adopt the 2019 Annual Performance Statement and place it the website;

2. Note the Pecuniary Interest Returns under s450a of the Local Government Act 1993;

3. Adopt the Joint Organisation Policy and Procedure Manual; and

4. Determine the dates for GMAC and Board meetings for 2020 be:

Board	27 February	28 May	27 August	26 November
GMAC	30 January	7 May	23 July	22 October

12. Adoption of Audited General Purpose Statements for period 11 May 2018 to 30 June 2019

Resolved Cr B West/Cr R Kidd

That the Board adopt the CNSWJO Joint Organisation General Purpose Financial Statements for the period 11 May 2018 to 30 June 2019.

13. Financial Report

Resolved Cr K Keith/Cr J Webb

That the Board note the Financial and compliance report and accept the transfer of the reserves from Centroc in the following form:

CNSW Regional Tourism Group + Regional Marketing 138,366

CWUA Best Practice Program 31,569

CWUA - Asset Management Maturity Audit (NAMAF) 80,775

CWUA - Developer Services Plans 47,930

Energy Project + Energy Workshops matching contribution 66,842

Energy Workshops - Office of Environment & Energy Grant 1,770

Growing Local Economies Grant Funding 73,400

Inter-Council Co-operation Reserve (IT Unified communications + Best

Practice in Aggregated Procurement) 54,221

Roads Transport Technical Committee + BLEG 32,514

$527,387

14. Other Reports

a. Prioritisation of $150K Joint Organisation Capacity Building Fund

Resolved Cr K Beatty/Cr S Ferguson

That the Board note the report regarding the prioritisation of the 150K Joint Organisation Capacity Building Fund and

1. approve the funding application for the following under the Joint Organisation Capacity Building Fund:

a. Best Practice in Aggregated Procurement budgeted at $35K; and

b. Understanding and supporting the new role of our CBDs – a project of the Regional Prosperity Subcommittee budgeted at $50K;

c. Regional Capacity Building in Energy Innovation budgeted at $65K; and

2. Commend to members they give consideration to co-investment in the CBD project.

b. Logo Report

Resolved Cr R Kidd/Cr B West

That the Board note the logo report and adopt Option 2 and 3 combined.

Note: the amended logo to be circulated for review.

c. Executive Officer Performance Review

Resolved Cr K Beatty/ Cr S Ferguson

That the Board note the report regarding the performance management of the Executive Officer and

1. Delegate the entirety of the performance review function to a Performance Review Panel that is:

a. Developing a Performance Agreement in consultation with the Executive Officer

b. Undertaking a performance assessment of the Executive Officer in

c. December/January each year

d. Determining the following in relation to the Performance Agreement:

i. A final list of projects to be included in the Performance Agreement; and

ii. Any managerial or behavioural actions that they would like the Executive Officer to address during the review year.

e. Reviewing and determining salary and any bonus arrangements

f. Providing a report to the Board facilitated by the Chair of GMAC

2. Determine that the Performance Review Panel be the Chair, Deputy Chair a Mayor nominated by the Executive Officer to be facilitated by the Chair of GMAC.

15. Confidential Reports

a. Regional Bridge Assessment Report

Resolved Cr K Beatty/Cr M Liebich

That the Board note the confidential report on bridge assessments and

1. endorse the Regional Bridge Assessment Report to be used to access further funding;

2. receive a report on options for a collaborative approach within three months to the repair and replacement of identified bridges; and

3. members give consideration to their participation in a collaborative approach and advise CNSWJO accordingly.

b. Regional Smart Approved Water Mark Subscription

Resolved Cr K Beatty/Cr S Ferguson

That the Board note the confidential report on the Regional Smart Approved Water Mark Subscription and approve the regional subscription for Smart Approved Water Mark and the JO sign the agreement and invoice member councils accordingly.

16. Next Meeting 27 February 2020 in Weddin.

17. Conclusion of the meeting - Meeting closed at 4.31pm

Page 7 is the last page of the Central NSW Joint Organisation meeting 27 November 2019

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 3 December 2019

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor)(left meeting at 8.24pm and did not return), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor (7.09pm), Cr R Turner

Chief Executive Officer, Acting Director Corporate and Commercial Services, Acting Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Administration Assistant (Cubbin), Manager Financial Services, Operations Manager

1.1 APOLOGIES

RESOLVED - 19/583 Cr S Munro/Cr J Hamling

That the apologies be accepted from Cr J Whitton for the Council Meeting of Orange City Council on 3 December 2019.

For: Unanimous

Against: Nil

Absent: Cr Whitton

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 S Munro declared a less than significant non-pecuniary interest in item 2.4 of the Planning and Development Committee (Orange LEP 2011 – Amendment 13 – Rosedale Gardens – Post Exhibition Report as he has had previous business related dealings with the applicant.

2 Mayoral Minutes

Nil

PRESENTATION MADE BY MR GEAROID FITZGERALD, NSW AUDIT OFFICE, ON ANNUAL FINANCIAL STATEMENTS

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.25PM

OPEN FORUM

CCL – Item 4.3 Notice of Motion – Dams for Water Storage

Mr Cyril Smith

Mr Smith spoke on water storage and dams the Ophir Car Park free period.

PDC – Item 2.3 - DA 308/2019(1) - 185-191 Byng Street

Mr Andrew Saunders

Mr Saunders spoke in favour of the development.

Ms Samantha McPaul

Ms McPaul spoke in favour of the development as the applicant.

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

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 19/584 Cr J Hamling/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 19 November 2019 (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 19 November 2019.

For: Unanimous

Against: Nil

Absent: Cr Whitton

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.31PM

**Cr Romano left the meeting with the time being 8.24pm and did not return**

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.45PM

4 Notices of Motion/Notices of Rescission

4.1 Notice of Motion - Southern Feeder Road

TRIM Reference: 2019/2595

RESOLVED - 19/607 Cr K Duffy/Cr J Hamling

That Council make Stage 5 the next stage of the Southern Feeder Road, being the section from Escort Way to Cargo Road, and that it be inclusive of a roundabout on Escort Way and options for Cargo Road junction with the possibility of traffic lights.

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

4.2 Notice of Motion - Formation of Policy Review Committee

TRIM Reference: 2019/2596

RESOLVED - 19/608 Cr K Duffy/Cr J Hamling

That Council form a Policy Review Committee to review Strategic Council Policies.

For: Cr Duffy, Cr Kidd, Cr Munro, Cr Taylor, Cr Hamling, Cr Previtera

Against: Cr McRae, Cr Nugent, Cr Turner, Cr Mileto

Absent: Cr Whitton, Cr Romano

4.3 Notice of Motion - Dams for Water Storage

TRIM Reference: 2019/2597

RESOLVED - 19/609 Cr K Duffy/Cr S Munro

That Council request the State and Federal Governments to build more dams to ensure long term residential growth and agricultural production in regional NSW.

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Previtera, Cr Taylor, Cr Turner

Against: Cr Nugent

Absent: Cr Whitton, Cr Romano

4.4 Notice of Motion - Review of Council Community Committees

TRIM Reference: 2019/2600

MOTION Cr J McRae/Cr S Nugent

That Council review the Community Committees of Orange City Council as to their effectiveness for public participation and community consultation.

AMENDMENT Cr T Mileto/Cr G Taylor

That a review of the Community Committees be deferred until the next Council is elected in September 2020.

For: Cr Taylor, Cr Duffy, Cr Mileto, Cr Munro, Cr Kidd, Cr Previtera

Against: Cr Turner, Cr Hamling, Cr Nugent, Cr McRae

Absent: Cr Whitton, Cr Romano

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

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 19/610 Cr T Mileto/Cr G Taylor

That the Notice of Motion to review the Community Committees be deferred until the next elected Council in September 2020.

For: Cr Turner, Cr Mileto, Cr Munro, Cr Previtera, Cr Taylor, Cr Duffy, Cr Kidd

Against: Cr Nugent, Cr McRae, Cr Hamling,

Absent: Cr Whitton, Cr Romano

4.5 Notice of Motion - Ophir Car Park Parking Fees - Christmas 2019

TRIM Reference: 2019/2602

RESOLVED - 19/611 Cr T Mileto/Cr S Munro

That Council waive parking fees in the Ophir Car Park (corner of Lords Place and Kite Street) for the lead up to Christmas 2019 from December 5 2019 and throughout January 2020.

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

5 General Reports

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

TRIM Reference: 2019/2587

RESOLVED - 19/612 Cr R Turner/Cr S Munro

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.

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

5.2 Naylor Pavilion - Grant Application - Kiosk and Amenities Facilities

TRIM Reference: 2019/2507

RESOLVED - 19/613 Cr S Munro/Cr R Turner

That Council resolves:

1 That the report regarding the Naylor Pavilion Amenities concept Plan be acknowledged.

2 Should the grant application be successful, Council’s contribution be included in the 2020-2021 delivery operational plan.

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

5.3 A Day on the Green

TRIM Reference: 2019/2558

RESOLVED - 19/614 Cr S Munro/Cr M Previtera

That Council enter a funding agreement with Roundhouse Entertainment for the Heifer Station A Day on the Green to support the event and site establishment as follows:

· Year 1 - 2019/20 - $40,000

· Year 2 - 2020/21 - $10,000

· Year 3 - 2021/22 - $10,000

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

5.4 Request for Financial Assistance - Business Acting for Profit Application - Jumbled

TRIM Reference: 2019/2588

RESOLVED - 19/615 Cr S Nugent/Cr S Munro

That Council resolves to provide $1,000 financial assistance to Jumbled (Creative Business Bootcamp) to be funded from Regional Enterprise Development – Skills and Training Project Budget.

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

5.5 Strategic Policy Review - Asset Management

TRIM Reference: 2019/2486

RESOLVED - 19/616 Cr J Hamling/Cr J McRae

That Council resolves to adopt Strategic Policy - ST007 - Asset Management.

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

5.6 Strategic Policy Review - Purchasing and Buy Local

TRIM Reference: 2019/2518

RESOLVED - 19/617 Cr J McRae/Cr S Nugent

That Council resolves to:

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

· ST093 - Purchasing Policy

· ST109 - Buy Local Purchasing Policy

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

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 Chief Executive Officer 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.

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 Entering Into Contracts for Sewer Rehabilitation (Pipe Relining) 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.

6.2 Tender for Construction of Southern Feeder Road Stage 3

6.3 Tenders for construction of roundabout at Northern Distributor Road and William Maker Drive intersection

6.4 Tender For AHU 3 Replacement at Gallery

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 10.09pm.

The Mayor declared the Ordinary Meeting of Council resumed at 10.18pm.

7 Resolutions from Closed Meeting

The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.

6.1 Entering Into Contracts for Sewer Rehabilitation (Pipe Relining) Services

TRIM Reference: 2019/2395

RESOLVED - 19/618 Cr R Turner/Cr S Munro

That Council accepts and signs contracts with Interflow for sewer rehabilitation (pipe relining) services.

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

6.2 Tender for Construction of Southern Feeder Road Stage 3

TRIM Reference: 2019/2493

RESOLVED - 19/619 Cr J Hamling/Cr K Duffy

1 That Council declines to accept any tender for the Construction of the Southern Feeder Road Stage 3 – F2993, as a result of all tender submissions exceeding the available funds for this component of the project.

2 That Council not call fresh tenders as it may delay the project and impact upon the current funding milestones, possibly putting funding at risk.

3 That Council enters into negotiations with BOST Civil Pty Ltd, Hamcon Civil Pty Ltd (MAAS) and Haslin Constructions Pty Ltd with a view to revising the project scope and to identify possible innovative solutions and cost savings to deliver the Southern Feeder Road Stage 3.

4 That Council explores additional funding that may be able to address any shortfall in the construction of the Southern Feeder Road Stage 3.

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

6.3 Tenders for construction of roundabout at Northern Distributor Road and William Maker Drive intersection

TRIM Reference: 2019/2534

RESOLVED - 19/620 Cr S Munro/Cr T Mileto

That Council resolves to:

1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Hamcon Civil Pty Ltd for the construction of a roundabout on Northern Distributor Road at the William Maker Drive intersection for the amount of $4,874,403.27 plus GST;

2 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

6.4 Tender For AHU 3 Replacement at Gallery

TRIM Reference: 2019/2633

RESOLVED - 19/621 Cr S Nugent/Cr S Munro

That Council resolves:

1 That the contract F3245 for the replacement of Air Handling Unit 3 be awarded to Johnson Controls for the amount of $210,550 + G.S.T.

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

For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

The Meeting Closed at 10.21PM

This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 3 December 2019.

Planning and Development Committee 17 December 2019

Attachment 1 PDC 3 December 2019 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Planning and Development Committee

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

ON 3 December 2019

COMMENCING AT 7.32pm

1 Introduction

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

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 19/585 Cr S Munro/Cr J Hamling

That the apology be accepted from Cr J Whitton for the Planning and Development Committee of Orange City Council on 3 December 2019.

For: Unanimous

Against: Nil

Absent: Cr Whitton

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

Cr S Munro declared a less than significant non-pecuniary interest in item 2.4 - Orange LEP 2011 – Amendment 13 – Rosedale Gardens – Post Exhibition Report as he has had previous business related dealings with the applicant.

2 General Reports

2.1 Items Approved Under the Delegated Authority of Council

TRIM Reference: 2019/2377

RESOLVED - 19/586 Cr R Kidd/Cr K Duffy

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 Whitton

2.2 Development Application - DA 91/2019(1) - 5 Lily Pilly Place

TRIM Reference: 2019/2536

RESOLVED - 19/587 Cr S Munro/Cr J Hamling

That Council resolves to issue consent to development application DA 91/2019(1) for Multi Dwelling Housing (four dwellings) and Subdivision (one lot Torrens title and four lot Community title) at Lot 100 DP 1248945 - 5 Lily Pilly 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 G Taylor, Cr R Turner
Voted Against	Nil
Absent	Cr J Whitton

2.3 Development Application DA 308/2019(1) - 185-191 Byng Street

TRIM Reference: 2019/2563

RESOLVED - 19/588 Cr K Duffy/Cr J Hamling

That Council consents to development application DA 308/2019(1) for Recreation Facility (indoor) (change of use) at Lot 12 DP 1047837 - 191 Byng Street, Orange pursuant to the conditions of consent in the attached Notice of Approval with the deletion of Condition 4 relating to Car Parking Development Contributions.

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
Voted Against	Nil
Absent	Cr J Whitton

2.4 Orange LEP 2011 - Amendment 13 - Rosedale Gardens - Post Exhibition Report

TRIM Reference: 2019/2528

Cr S Munro declared a less than significant non-pecuniary interest in this item as he has had previous business related dealings with the applicant, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 19/589 Cr R Kidd/Cr S Romano

That Council resolves:

1 That Council advise the Department of Planning, Infrastructure and Environment of support for the planning proposal subject to the following matters arising from the consultation process being resolved.

2 That staff forward the matter to the Department of Planning, Infrastructure and Environment for final determination, on the basis that the site becomes an Urban Release Area requiring a site specific Development Control Plan and Development Contributions Plan.

3 That the proponent be advised of the requirement for a site specific Development Control Plan, that addresses all matters within section 6.3 of the LEP as well as:

· A plan that identifies elevated sites and steeply sloping sites to be subject to additional privacy controls, including land at or above an elevation of 874m AHD.

· A staging plan that provides for such elevated land in the north-eastern corner of the site to be developed last.

· A landscaping plan that establishes vegetative screens to provide a visual screen for elevated properties to obscure views from future dwellings.

· That land east of the ridge be required to have building envelopes nominated on the lots, providing space for appropriate screen landscaping between the dwellings and the orchard east of the site.

· Urban design controls for elevated or sloping sites that ensure landscaping provides a visual screen obscure views below the horizontal visual plane for a standing adult on the uppermost floor of the respective dwelling.

· A requirement that the visual screen landscaping for lots in the final stage be planted out as part of the first stage – providing time for such plantings to mature, specifically all plantings in the public realm as well as plantings within the proposed lots but outside of the building envelopes.

· Identification of appropriate trigger points that would need to be met before subsequent stages can be developed or released, including Riparian corridor and public realm landscaping being established.

· Stormwater harvesting being designed to ensure that post development runoff levels are no greater than predevelopment runoff, and along the north-eastern boundary adjoining Lot 26 DP 668540 that the post development runoff is no less than predevelopment levels and of equal or improved water quality to predevelopment flows.

· That additional access and egress connections be identified to connect the estate to Clergate Road, designed and constructed in consultation with RMS and John Holland Rail, suitable for emergency vehicles and with all upgrade costs at the developers expense.

· A revised conceptual layout being provided that responds to all of the above and meets or exceeds the Planning for Bushfire Protection 2006 requirements

4 That the proponent be advised of the requirement of a site specific Development Contributions Plan that provides for the following:

· Sewer and water headworks charges

· Open space and recreation

· Community and Cultural

· Roads and traffic management

· Local Area facilities

· Plan preparation and administration

For: Cr Kidd, Cr Turner, Cr Mileto, Cr Previtera, Cr Romano, Cr Hamling, Cr Duffy, Cr Nugent, Cr McRae, Cr Taylor

Against: Nil

Absent: Cr Whitton, Cr Munro

** Cr Munro returned to the Chamber with the time being 7.50pm**

The Meeting Closed at 7.50pm.

Finance Policy Committee 17 December 2019

Attachment 5 FPC 3 December 2019 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Finance Policy Committee

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

ON 3 December 2019

COMMENCING AT 8.28m

1 Introduction

Attendance

Cr J McRae (Chairperson), 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

Chief Executive Officer, Acting Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Administration Assistant (Cubbin), Operations Manager

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 19/597 Cr S Munro/Cr J Hamling

That the apologies be accepted from Cr J Whitton and Cr S Romano (Deputy Mayor) for the Finance Policy Committee of Orange City Council on 3 December 2019.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

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 Audit and Risk Management Committee Meeting Held on 25 October 2019

TRIM Reference: 2019/2405

RESOLVED - 19/598 Cr R Kidd/Cr S Munro

1 That Council acknowledge the reports presented to the Audit and Risk Management Committee at its meeting held on 25 October 2019.

2 That Council determine the Audit and Risk Management Committee’s recommendation that Council should make a submission to the Office of Local Government in response to the Discussion Paper on A New Risk management and Internal Audit Framework in Local Government as set out in the document at attachment 1.

3 That the minutes of the Audit and Risk Management Committee at its meeting held on 25 October 2019 be adopted.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

3 General Reports

3.1 Proposed Internal Audit Outsourcing Service

TRIM Reference: 2019/2552

RESOLVED - 19/599 Cr S Munro/Cr R Kidd

1 That the Council approve the proposed internal audit outsourcing arrangement.

2 That the Chief Executive Officer be authorised to enter into negotiations with entities requiring to procure internal audit services from Orange City Council and sign off appropriate legal agreements to effect the outsourcing plans.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

3.2 Requests for Financial Assistance - Quarter 3 of 2019/20 - Small Donations Program

TRIM Reference: 2019/2165

RESOLVED - 19/600 Cr R Kidd/Cr S Munro

1 That a donation of $2,000.00 be made from the Small Donations Program to the Spring Hill Activities Group (Whistle Stop Festival 2020).

2 That a donation of $2,000.00 be made from the Small Donations Program to Orange and District Historical Society ("Wearing the Green" - book on the Dalton Family).

3 That a donation of $1,249.90 be made from the Small Donations Program to Put Orange First (Put Orange First banners).

4 That an in-kind donation of $500.00 be made from the Small Donations Program to Housing Plus (Paint the Orchard Butterfly on the Orange Regional Museum Roof).

5 That a donation of $2,000.00 be made from the Small Donations Program to Rotary Club of Orange North (Peter Darley Memorial Driver Training Simulator).

6 That a donation of $2,000.00 be made from the Small Donations Program to the Orange Small Schools Association (OSSA School Spectacular).

7 That a donation of $1,500.00 be made from the Small Donations Program to Spring Hill Recreation Trust (Enhancement of the Spring Hill Recreation Reserve).

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

RESOLVED - 19/601 Cr R Kidd/Cr J Hamling

That the request from Rotary Club of Orange North for a donation of $5,027.42 be deferred until further detail is provided.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

3.3 Carols By Candlelight - Surplus Funds from Sale of Glow sticks - Orange Community Christmas Lunch

TRIM Reference: 2019/2571

RESOLVED - 19/602 Cr S Nugent/Cr S Munro

That the surplus funds raised from the sale of glow sticks at the annual Carols By Candlelight event be donated to the Orange Community Christmas Lunch event; with this donation to be ongoing but able to be reviewed in any future year if needed.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner

Against: Nil

Absent: Cr Whitton, Cr Romano

MATTER ARISING

That a letter be written to the Management of the Orange City Centre congratulating them on their recent parade for Santa’s arrival that was held on Saturday 30 November 2019.

The Meeting Closed at 8.38PM

Council Meeting 17 December 2019

5.2 Statement of Investments - November 2019

TRIM REFERENCE: 2019/2756

AUTHOR: Julie Murray, Financial Accountant

EXECUTIVE SUMMARY

The purpose of this report is to provide a statement of Council’s investments held as at 30 November 2019.

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

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves:

1 To note the Statement of Investments as at 30 November 2019

2 To adopt the certification of the Responsible Accounting Officer.

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

Section 212(1) of the Local Government (General) Regulation 2005 requires that a written report be presented each month at an Ordinary Meeting of the Council detailing all money that Council has invested under Section 625 of the Local Government Act 1993.

As at 30 November 2019, the investments held by Council in each fund is shown below:

	30/11/2019	31/10/2019
General Fund	67,478,883.14	62,153,270.23
Water Fund	54,330,971.81	56,472,092.54
Sewer Fund	48,390,022.77	48,215,659.99

Total Funds	170,199,877.72	166,841,022.76

A reconciliation of Council’s investment portfolio provides a summary of the purposes for which Council’s investments are being held. The summary is as follows:

Externally Restricted	30/11/2019	31/10/2019
General Fund	27,420,723.78	28,894,038.21
Water Fund	54,330,971.81	56,472,092.54
Sewer Fund	48,390,022.77	48,215,659.99
Auspiced	1,702,428.42	1,805,885.06
Internally Restricted	18,119,369.83	18,623,635.83
Unrestricted	20,236,361.11	12,829,711.13
Total Funds	$170,199,877.72	$166,841,022.76

The unrestricted cash position movements during the month are normal as projects commence and income is received. Movements may also arise following processing of income received between funds or into restricted assets to appropriately allocate for the purposes Council has determined.

Portfolio Advice

Council utilises the services of an independent investment advisor in maintaining its portfolio of investments. Council’s current investment advisor is Imperium Markets, an independent asset consultant that works with wholesale investors to develop, implement and manage their investment portfolio. Imperium Markets is a leading provider of independent investment consulting services to a broad range of institutional investors including government agencies, superannuation funds and not-for-profit organisations.

Imperium Markets major services provided to Council include:

· Quarterly portfolio summary reports

· Advice on investment opportunities, in particular Floating Rate Note products

· Advice on policy construction

· Year-end market values for Floating Note Rate products held by Council.

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 30 November 2019 remained at 0.75 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.03 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 0.75 per cent plus 0.75 per cent (or 75 basis points).

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 30 November 2019, the AusBond rate was 1.58 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.03 per cent.

Council’s Investment Policy establishes limits in relation to the maturity terms of Council’s investments as well as the credit ratings of the institutions with whom Council can invest.

The following tables provide a dissection of Council’s investment portfolio as required by the Policy. The Policy identifies the maximum amount that can be held in a variety of investment products or with institutions based on their respective credit ratings.

Table 1 shows the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each term to maturity allocation in accordance with limits established by Council’s Policy.

Table 1: Maturity – Term Limits

Term to Maturity Allocation	Maximum	Holding	Remaining Capacity
0 - 3 Months	100.00%	35.88%	64.12%
3 - 12 Months	100.00%	38.78%	61.22%
1 - 2 Years	70.00%	10.94%	59.06%
2 - 5 Years	50.00%	14.40%	35.60%
5+ Years	25.00%	0.00%	25.00%

Table 2 shows the total amount held, and the weighted average interest rate (or return on investment), by credit rating. The credit rating is an independent opinion of the capability and willingness of a financial institution to repay its debts, or in other words, the providers’ financial strength or creditworthiness. The rating is typically calculated as the likelihood of a failure occurring over a given period, with the higher rating (AAA) being superior due to having a lower chance of default. However, it is generally accepted that this lower risk will be accompanied by a lower return on investment.

Table 2 demonstrates that Council receives a lower return for its A rated and above investments than for those with ratings of B or less. The level of money held in the bank accounts has been added to the table to illustrate the ability of Council to cover the operational liabilities that typically occur (for example payroll, materials and contracts, utilities).

Table 2: Credit Rating Limits

Credit Rating	Maximum	Holding	Remaining Capacity	Value	Return on Investment
Bank Accounts	100.00%	7.82%	92.18%	$13,304,033.40	0.75%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	36.58%	63.42%	$62,251,240.00	2.00%
A	60.00%	21.59%	38.41%	$36,750,000.00	1.91%
BBB & NR	40.00%	34.02%	5.98%	$57,894,604.32	2.16%
Below BBB	0.00%	0.00%	0.00%	N/A	N/A

AMP Bank was downgraded by Standard and Poor’s from A to BBB during August, thereby pushing the holdings of BBB rated products close to the maximum capacity. This situation continues to be monitored and will be addressed over time, by transferring across to A rated counterparties as the BBB rated investments fall due.

Certification by Responsible Accounting Officer

I, Jason Cooke, hereby certify that all investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Council Meeting 17 December 2019

5.3 Development Application DA 282/2019(1) - 5 Don Peters Place, Clifton Grove

RECORD NUMBER: 2019/2773

AUTHOR: Paul Johnston, Manager Development Assessments

EXECUTIVE Summary

Council's consent is sought for a secondary dwelling at Lot 489 DP 261831 – 5 Don Peters Place, Clifton Grove.

The proposal involves the construction of a two bedroom secondary dwelling to be located to the west of the principal dwelling.

The subject site is located within the R5 Large Lot Residential zone. The proposed development is defined as a secondary dwelling and is not permitted in this zone under the OLEP 2011 but is under the SEPP (Affordable Rental Housing) 2009. This application is seeking consent under the SEPP (Affordable Rental Housing) 2009.

The applicant has outlined that the secondary dwelling will be occupied by family.

Approval of the application is recommended.

Figure 1 - locality plan

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council consents to development application DA 282/2019(1) for Secondary Dwelling at Lot 489 DP 261831 - 5 Don Peters Place, Clifton Grove pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE PROPOSAL

The proposal involves the construction of a secondary dwelling which will be located to the west of the main residence. The secondary dwelling will consist of two bedrooms, living area, bathroom, alfresco area and a garage and comprise an overall GFA of 109m². The applicant has requested a variation to the minimum area development standard of 60m² contained with the State Environmental Planning Policy (Affordable Rental Housing) 2009 for secondary dwellings.

The proposed secondary dwelling is to be constructed of timber frames and trusses with Colorbond steel wall and roof cladding and aluminium framed windows.

Figure 2 – part site plan

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

Section 1.7 of the EP&A Act identifies that Part 7 of the Biodiversity Conservation Act 2016 (BC Act) and Part 7A of the Fisheries Management Act 1994 have effect in connection with terrestrial and aquatic environments.

Having regard to the relevant provisions and based on an inspection of the subject property, it is considered that the proposed development is not likely to significantly affect a threatened species. The subject property has no biodiversity or habitat value. A Biodiversity Development Assessment Report is not required in this instance.

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,

(e) to provide a range of housing choices in planned urban and rural locations to meet population growth,

(f) to recognise and manage valued environmental heritage, landscape and scenic features of Orange.

The application is considered to be consistent with the applicable aims of the plan as outlined in this report.

Clause 1.6 - Consent Authority

This clause establishes that, subject to the Act, Council is the consent authority for applications made under the LEP.

Clause 1.7 - Mapping

The subject site is identified on the LEP maps in the following manner:

Land Zoning Map:	Land zoned R5 Large Lot Residential
Lot Size Map:	No Minimum Lot Size
Heritage Map:	Not a heritage item or conservation area
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Groundwater vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	Not within or affecting a defined watercourse
Urban Release Area Map:	Not within an urban release area
Obstacle Limitation Surface Map:	No restriction on building siting or construction
Additional Permitted Uses Map:	No additional permitted use applies
Flood Planning Map:	Not 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

The subject site is located within the R5 Large Lot Residential zone. The proposed development is defined as a secondary dwelling and is not permitted in this zone under the OLEP 2011 but is permitted under the SEPP (Affordable Rental Housing) 2009. This application is seeking consent under the SEPP (Affordable Rental Housing) 2009.

Clause 2.3 - Zone Objectives and Land Use Table

The objectives for land zoned R5 Large Lot Residential are as follows:

1 - Objectives of the R5 Large Lot Residential Zone

· To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

· To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

· To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

· To provide for student housing in close proximity to the Charles Sturt University.

· To ensure development is ordered in such a way as to maximise public transport patronage, and encourage walking and cycling, in close proximity to settlement.

· To ensure development along the Southern Link Road has an alternative access.

The proposed secondary dwelling is not permissible in the R5 Large Lot Residential zone under the Orange LEP although is permissible under the State Environmental Planning Policy (Affordable Rental Housing) 2009. The proposed development is not contrary to the objectives of the zone as outlined in this report.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.6 - Exceptions to Development Standards

This clause is applicable as the proposed secondary dwelling has a floor area that is greater than the maximum size allowed under the State Environmental Planning Policy (Affordable Rental Housing) 2009. Clause 22(3)(b) of the SEPP sets out maximum total floor area for secondary dwellings, which relevantly states:

(b) the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

The proposed secondary dwelling is situated on land within the R5 Large Lot Residential zone, where secondary dwellings are prohibited under the Orange LEP 2011, although they are permissible under Clause 20(e) of the ARHSEPP.

Accordingly, this clause identifies that a secondary dwelling cannot have a total floor area greater than 60m², which the proposed secondary dwelling of this development exceeds. The proposed total floor area of the secondary dwelling is 109.07m², representing a variation of 81%.

Clause 4.6 is intended to achieve the following objectives:

(a) provide an appropriate degree of flexibility in applying certain development standards

(b) achieve better outcomes for and from development by allowing flexibility in particular circumstances.

At its core, a Clause 4.6 variation may be supported where it can be shown that the objectives of the standard are unreasonable and/or unnecessary to apply in this particular case, and where it can be shown that the objectives of both the plan and the clause to be varied are achieved notwithstanding the non-compliance with the numerical value of the standard.

Clause 4.6 may not be used to routinely seek variation to a standard and may not be used in such a way as to render a development contrary to the intent of the standard or the plan that it relates to. Clause 4.6 may also not be used as a de facto rezoning tool, and cannot be used to bypass permissibility issues that a particular proposal may have.

There are set procedures outlined in guidelines published by the NSW Department of Planning encapsulated in a circular published in 2008, and quite strongly supported and upheld in the Land & Environment Court. For obvious reasons the Department advises all Councils to allow variations only where exceptional circumstances exist and where certain other criteria can be shown to be achieved.

The Clause 4.6 variation submitted with the application generally achieves those outcomes and the procedures outlined in the Department’s circulars; and the principals established by the Courts. The main basis for justification advanced in the submission is addressed below.

The permissibility of secondary dwellings in the R5 Large Lot Residential zone was excluded from the Orange LEP on Departmental advice that such development was already permitted under the provisions of the ARHSEPP. Although under the provisions of the SEPP, there are limitations on the floor area allowed for secondary dwellings (Clause 22(3)(b)) (max 60m² GFA) whereas in the LEP, secondary dwellings are permissible if they have a total floor area that is not greater than 60sqm, or do not exceed 50% of the floor area of the principal dwelling.

The applicant has requested that given the conflicting provisions that apply throughout the city for this type of development, and Council’s previous approach to the consideration of same with other requests, that Council determine the suitability of the proposed development against the secondary dwelling standard of 50% of the principal dwellings floor area as opposed to the current limitation of 60m². In this case 50% of the GFA of the main dwelling equals (<159.06m²). Based on a GFA of 109m² the development would have ordinarily easily met the standard if it were permissible in the zone under the LEP as opposed to the SEPP.

The secondary dwelling development is proposed on a large rural residential parcel (1.23ha) and will not result in an excessive site coverage as it would if it were to be constructed on an urban parcel. The proposed site coverage for the development is consistent with that of adjoining rural residential parcels.

As a result, Council may consider including secondary dwellings as permissible in the R5 Large Lot Residential zone with future amendment to the Orange LEP.

Matters to Address in an Application

When applicants lodge development applications and associated requests to vary a development standard, they must give grounds of objection to the development standard. Variation of a development standard may be justified where it is consistent with the objectives that the relevant environmental planning instrument is attempting to achieve.

The application must address:

(i) whether strict compliance with the standard, in the particular case, would be unreasonable or unnecessary and why,

and

(ii) demonstrate that there are sufficient environmental planning grounds to justify contravening the development standard

The applicant has argued that the minimum lot size is unnecessary and unreasonable in this instance for the reasons explained below:

· The proposed secondary dwelling satisfies the relevant Planning Outcomes for residential development pursuant to Orange DCP 2004 – 06 Rural Development.

· The residential development is considered a reasonable development for the site as each lot within the vicinity of the subject site are able to accommodate more buildings than the primary residence alone.

The lot size can easily accommodate the proposed dwelling whilst maintaining the low density residential character of the area.

· The proposed secondary dwelling does not exceed the LEP’s prescribed standard of being less than 50% of the principal dwellings floor area (<159.06m2), and therefore would have been approved if it were permissible in the zone under the LEP.

There are sufficient environmental planning grounds cited to support the variation. These are as follows:

· A variation of the development standard is justified in this case because it can be demonstrated that the proposal satisfies the objectives of the R5 Large Lot Residential zone and the objectives of the secondary dwelling standards under the ARHSEPP.

· The secondary dwelling development has a high degree of compliance with the other relevant LEP and DCP provisions.

· The proposed secondary dwelling is considered compatible with the residential land use pattern in this area. A variation of the minimum floor area to allow the proposed secondary dwelling to be excised on a large lot allotment does not diminish this aspect of the development.

· It is demonstrated that non-compliance with the development standard does not generate unacceptable impacts in the locality.

Written applications to vary development standards need to not only address the above matters, but may also address matters set out in the ‘five part test’ established by the NSW Land and Environment Court. The NSW Department of Planning strongly advises councils to apply the Five Part Test in their assessments of Clause 4.6 matters.

The Five Part Test

The Five Part Test is anchored in Land and Environment Court Planning Principles. The Department of Planning recommends that consent authorities apply the test in their assessment of Clause 4.6 variations.

The five part test embodies the following:

1 the objectives of the standard are achieved notwithstanding noncompliance with the standard;

2 the underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

3 the underlying object or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

4 the development standard has been virtually abandoned or destroyed by the council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

5 the compliance with development standard is unreasonable or inappropriate due to existing use of land and current environmental character of the particular parcel of land. That is, the particular parcel of land should not have been included in the zone.

With regard to point (1), a clear aim of Clause 4.6 is for flexibility in the application of a planning control where it can be demonstrated that strict compliance is unreasonable and unnecessary. This proposal relies on such flexibility to have the secondary dwelling development approved at the total floor area presented in the DA. Flexibility in this matter would result in a better outcome for and from the development for the reasons outlined below.

With regard to point (2), it is considered that a variation of the minimum total floor area for secondary dwellings is a development standard that may be considered within the ambit and operation of this clause.

Floor area requirements for secondary dwellings are a blunt assessment tool aimed at achieving good design outcomes, whilst at the same time making efficient use of the land at densities likely to achieve a reasonable return for the development; and at the same time ensuring that neighbourhood character and amenity is not excessively compromised.

The variation is considered acceptable in this case due largely to the size of the rural residential allotment and the fact that the secondary dwelling would have an allowable floor area if it were permissible in the zone under the LEP. As the proposed development is a secondary dwelling and is situated on a parcel of land that is not typical of an urban area, the variation is considered to be acceptable in this instance as the effect of the proposal on the surrounding development will be minimal.

With regard to point (3), it is considered that strict compliance with the 60m² standard under the ARSHEPP would not necessarily defeat or thwart the underlying objective or purpose of the development standard. However, the proposal is considered to be consistent with the objectives of the development standard.

With regard to point (4), the development standard cannot be said to be abandoned. However, it is considered that other land holdings within close proximity to the subject site would most likely encounter this issue themselves.

With regard to point (5), the zoning of the land is reasonable and appropriate for the proposal. It is considered that insistence on full compliance with Clause 22(3)(B) for this site is unreasonable, and unnecessary in this case.

Council may grant consent only if the concurrence of the Director General of the Department of Planning has been obtained and Council is satisfied that:

· the written request has adequately addressed the above, and

· the proposed development will be in the public interest because of:

- consistency with the objectives of the particular standard, and

- consistency with the objectives of the zone applying to the site.

The written request adequately addresses the variation criteria of the clause.

Department Of Planning’s Circular

This circular sets out the circumstance and criteria for applying Council’s assumed concurrence to the determination of development standards under Clause 4.6. Council has assumed concurrence to assess and process Clause 4.6 variations of this nature. In this case given the departure exceeds 10% the decision must be extended to the Council as opposed to a delegate of the Council.

In accordance with the requirements of the circular, Council has quarterly reporting obligations as to the number of times it has used Clause 4.6 and for what purposes. The Department wants to keep check on the over use of Clause 4.6 to discourage inappropriate use of the clause on a routine basis. Despite some use of the clause for development in the Orange City LGA, there has been no expressions of concern from the department about the overuse of the clause.

There are some circumstances where Clause 4.6 is prohibited from being used, but this particular situation is not one of those circumstances.

The land is located within the R5 Large Lot Residential zone, which has the following objectives:

· To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

· To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

· To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

· To provide for student housing in close proximity to the Charles Sturt University.

· To ensure development is ordered in such a way as to maximise public transport patronage, and encourage walking and cycling, in close proximity to settlement.

· To ensure development along the Southern Link Road has an alternative access.

The proposed development with its non-compliance to Clause 22(3)(B) is not contrary to any of the objectives for the zone even if it is prohibited under the LEP it is compliant under the ARHSEPP; neither does the proposed development significantly contravene the DCP’s planning outcomes.

Overall it is considered that the proposed development does not result in any adverse impact on the operation of the LEP or the DCP, and would not result in any significant adverse impact.

It is considered that the proposal, including the variation sought, is consistent with the above objectives.

Part 5 - Miscellaneous Provisions

Clause 5.4 - Controls Relating to Miscellaneous Permissible Uses

This clause contains various development standards that apply to specific types of development. Relevantly the clause requires:

· secondary dwellings to be limited to the greater of 60 square metres or 50% of the floor area of the principal (main) dwelling

In this regard, the proposal is inconsistent with the former requirement, as the proposed secondary dwelling exceeds 60sqm. Although the development does comply with the latter standard as it does not exceed 50% of the floor area of the principal dwelling.

It must be noted that due to the development being prohibited in the zone, the secondary dwelling is being assessed under the ARHSEPP, where the former standard (<60sqm) is applied. Due to the development exceeding this measurement, a Clause 4.6 variation has been applied to vary Clause 22(3)(b) of the ARHSEPP.

Part 6 - Urban Release Area

Not relevant to the application. The subject site is not located in an Urban Release Area.

Part 7 - Additional Local Provisions

7.1 - 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 in the application are limited to the extent of cutting and filling required for the proposed building. The extent of disruption to the drainage of the site is considered to be minor and will not detrimentally affect adjoining properties or receiving waterways.

The extent of the earthworks will not materially affect the potential future use or redevelopment of the site that may occur at the end of the proposed development's lifespan.

The site is not known to be contaminated nor is it known to contain any Aboriginal, European or Archaeological relics. The site is not in proximity to any waterway, drinking water catchment or sensitive area. Conditions may be imposed to require a sediment control plan, including silt traps and other protective measures, to ensure that loose dirt and sediment does not escape the site boundaries.

The earthworks will be appropriately supported onsite and the change in ground level is not substantial. Therefore the effect on the amenity of adjoining properties is considered to be minor.

7.3 - Stormwater Management

This clause applies to all industrial, commercial and residential zones and requires that Council be satisfied that the proposal:

(a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting onsite infiltration of water

(b) includes, where practical, onsite stormwater retention for use as an alternative supply to mains water, groundwater or river water; and

(c) avoids any significant impacts of stormwater runoff on adjoining downstream properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

The proposal has been designed to include permeable surfaces and includes onsite retention of stormwater through the use of a rainwater tank. It is therefore considered that the post development runoff levels will not exceed the predevelopment levels.

Clause 7.11 - Essential Services

Clause 7.11 applies and states:

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required:

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) storm water drainage or on-site conservation,

(e) suitable road access.

In consideration of this clause, all utility services are available to the land and adequate for the proposal.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land (SEPP 55) 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.

The site has a long established residential and agricultural land use, therefore contamination of the site is unlikely. The land is well established with the dwelling, garage, driveway, lawns, gardens and trees. Inspection of the site does not indicate any areas or sources of potential contamination.

State Environmental Planning Policy Affordable Rental Housing 2009

Division 2 Clause 19 applies and states:

Development for the purposes of a secondary dwelling includes the following:

(a) the erection of, or alterations or additions to, a secondary dwelling,

(b) alterations or additions to a principal dwelling for the purposes of a secondary dwelling.

The proposed secondary dwelling meets the definition outlined in the SEPP. The secondary dwelling is not permissible in the R5 Large Lot Residential zone under the Orange LEP although is permissible under the State Environmental Planning Policy (Affordable Rental Housing) 2009. The proposed development is not contrary to the objectives of the SEPP as outlined in this report.

Due to the development being prohibited in the zone, the secondary dwelling is being assessed under the ARHSEPP, where the former standard (<60sqm) is applied. Due to the development exceeding this measurement, a Clause 4.6 variation has been applied to vary Clause 22(3)(b) of the ARHSEPP which was addressed above.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION 4.15(1)(a)(ii)

From 31 January to13 April 2018 the Department of Planning and Environment publically exhibited an Explanation of Intended Effect (EIE) and Draft Planning Guidelines for the proposed Remediation of Land SEPP, which will repeal and replace State Environmental Planning Policy 55 – Remediation of Land (SEPP 55). Of particular note, the Draft Planning Guidelines state:

“In undertaking an initial evaluation, a planning authority should consider whether there is any known or potential contamination on nearby or neighbouring properties, or in nearby groundwater, and whether that contamination needs to be considered in the assessment and decision making process.”

“If the planning authority knows that contamination of nearby land is present but has not yet been investigated, it may require further information from the applicant to demonstrate that the contamination on nearby land will not adversely affect the subject land having regard to the proposed use.” (Proposed Remediation of Lands SEPP - Draft Planning Guidelines, Page 10).

Draft Remediation of Land SEPP was applicable. The Draft SEPP requires in part that consideration be given to potential contamination on nearby or neighbouring properties and groundwater. Land adjoining the site is not identified or considered to be contaminated. The contamination status of neighbouring business lands will not impact on the modified 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)

Orange Development Control Plan 2004

DCP 2004 – 06 Rural Development is considered to be the most relevant to this proposal. An assessment of the proposed development against the relevant Planning Outcomes (6.11-1 Rural Dual Occupancies) will be undertaken below.

1. Both dwellings achieve the planning outcomes for rural dwellings outlined in Section 6.10.

The proposed secondary dwelling meets the planning outcomes of Section 6.10 as follows:

· The secondary dwelling house complies with Councils Energy Smart Homes Code.

· The secondary dwelling is sited on land that is suitable for construction and free from contamination, flooding and bushfire risk.

· Privacy and views of neighbouring houses are retained.

· A suitable area has been chosen for perpetual on-site disposal of wastes.

· Substantial remnant vegetation is protected from disturbance.

· An adequate water supply is provided.

· A driveway to Don Peters Place is provided.

· The secondary dwelling is located in close proximity to the main dwelling house.

2. Both dwellings are located on the same lot in close proximity to provide a rural character where dwellings form part of a discrete cluster of buildings in a rural setting

The proposed secondary dwelling is located on the same lot and in close proximity to the primary dwelling.

3. Onsite sewage management systems adequately provide for two dwellings.

The proposed on-site sewage management system has been designed for the secondary dwelling and is considered suitable for the development.

4. Detached dwellings are designed to complement each other in scale and form (both dwellings do not have to be the same but do need to appear as a group).

The proposed secondary dwellings is proposed to be built to the west of the primary residence. The two dwellings complement each other in scale and form and the proposed will seamlessly work within the vicinity.

DEVELOPMENT CONTRIBUTIONS PLAN 2017

Development contributions are applicable to the proposed secondary dwelling (one additional dwelling), pursuant to Orange Development Contributions Plan 2017 (Remainder of LGA), as follows:

Open Space and Recreation	1 additional 2 bedroom dwelling @ 2,284.72	2,284.72
Community and Cultural	1 additional 2 bedroom dwelling @ 662.56	662.56
Local Area Facilities	-	-
Plan Preparation and Administration	1 additional 2 bedroom dwelling @ 178.90	178.90
TOTAL:		$3,126.18

Conditions are recommended requiring payment of contributions prior to issue of a Construction Certificate.

PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15(1)(a)(iv)

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

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)

A BASIX Certificate has been submitted in support of the proposed development which demonstrates compliance with water, thermal comfort and energy.

THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15(1)(b)

Generally

The proposed development is unlikely to generate any impacts that would adversely affect the quality of the environment of the locality; particularly as the secondary dwelling is concealed well and would achieve reasonable integration with the surrounding land use pattern.

Visual Amenity

The visual impact of the proposed secondary dwelling is considered satisfactory and has been addressed above in the relevant considerations under the DCP 2004.

The subject land comprises a site area of approximately 1.23ha. As demonstrated on the site plan, the footprint of the secondary dwelling do not comprise overdevelopment in the context of the lot size. This is in conjunction with the generous boundary setbacks to assist in maintaining the open character of the area.

Existing and Future Amenity of the Neighbourhood

The potential impact upon the amenity of the neighbourhood is considered satisfactory and the non-compliance with the development standard does not generate unacceptable impacts in the locality.

Soil Erosion

Provided that adequate measures are implemented during the construction phase, the proposed development would not generate adverse impacts in terms of soil erosion.

Cumulative Impacts

The proposed development will not reduce the open space, solar access or privacy afforded to neighbouring properties. Similarly, the site layout and building design will provide a reasonable standard of residential amenity to the proposed secondary dwelling in terms of open space, solar access and privacy. Landscaping will be established around the dwelling and is expected to complement future privacy landscaping in the vicinity.

THE SUITABILITY OF THE SITE s4.15(1)(c)

There are no aspects of the site that would suggest it is not suitable for the proposed development.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15(1)(d)

The proposed development is not defined as advertised development under the provisions of the LEP, and as such no formal exhibition of the application was required. No submissions have been received in relation to this application.

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 variation sought to the development standard contained within the SEPP is considered reasonable in this case. 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.

Attachments

1 Plans, D19/73581 ⇩

2 Notice of Approval, D19/73584 ⇩

Council Meeting 17 December 2019

Attachment 2 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 282/2019(1)

NA19/ Container PR3516

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Mr JP and Mrs MS MacDouall
Applicant Address:	5 Don Peters Place CLIFTON GROVE NSW 2800
Owner’s Name:	Mr JP and Mrs MS MacDouall
Land to Be Developed:	Lot 489 DP 261831 - 5 Don Peters Place, Clifton Grove
Proposed Development:	Secondary Dwelling

Building Code of Australia building classification:	Class to be determined by the PC

Determination made under Section 4.16
Made On:	16 December 2019
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	17 December 2019
Consent to Lapse On:	17 December 2024

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.

Conditions

(1) The development must be carried out in accordance with:

(a) Plans prepared by BT Homes Pty Ltd, Drawings 1, 2, 3, 4, 5, dated 12.8.19 (5 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.

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

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.

(4) In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of the Act, evidence that such a contract of insurance is in force is to be provided to the Principal Certifying Authority before any building work authorised to be carried out by the consent commences.

(5) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and the licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information under this condition becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the council written notice of the updated information.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(6) The payment of $3,126.18 is to be made to Council in accordance with section 7.11 of the Act and the Orange Development Contributions Plan 2017 (Remainder of LGA) towards the provision of the following public facilities:

Open Space and Recreation	1 additional 2 bedroom dwelling @ 2,284.72	2,284.72
Community and Cultural	1 additional 2 bedroom dwelling @ 662.56	662.56
Local Area Facilities	-	-
Plan Preparation and Administration	1 additional 2 bedroom dwelling @ 178.90	178.90
TOTAL:		$3,126.18

The contribution will be indexed quarterly in accordance with the Orange Development Contributions Plan 2017 (Remainder of LGA). This Plan can be inspected at the Orange Civic Centre, Byng Street, Orange.

(7) 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 water supply headworks for a two bedroom dwelling. 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.

PRIOR TO WORKS COMMENCING

(8) 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.

(9) 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.

(10) Soil erosion control measures shall be implemented on the site.

DURING CONSTRUCTION/SITEWORKS

(11) 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.

(12) All materials on site 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.

(13) Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(14) Prior to Occupation Certificate, landscaping shall be planted on the western boundary. Landscaping shall include 5x native trees with minimum 70L container size at planting. Tree species shall complement the trees in the vicinity. Trees shall be installed and maintained to the satisfaction of Councils Manager City Presentation.

(15) 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.

(16) 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.

(17) The cut and fill is to be retained and/or adequately battered and stabilised (within the allotment) prior to the issue of an Occupation Certificate.

(18) 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.

Other Approvals

(1) Local Government Act 1993 approvals granted under Section 68.

Water, onsite sewer and stormwater

(2) General terms of other approvals integrated as part of this consent.

(3) All plumbing and drainage (water supply, sanitary plumbing and drainage, stormwater drainage and hot water supply) is to comply with the Local Government (Water, Sewerage and Drainage) Regulation 1998, the Plumbing Code of Australia 2016 - Plumbing & Drainage and Australian Standard AS3500 - National Plumbing and Drainage Code. Such work is to be installed by a licensed plumber and is to be inspected and approved by Council prior to concealment.

(4) Orange City Council is the Water and Sewer Authority for the Orange City Council area. Therefore all water and sewer works must be inspected by Council. These inspections CANNOT be carried out by a private certifier.

(5) The following inspections are required to be carried out by Council as the Water and Sewer Authority:

- internal sewer

- hot and cold water installation

- external sewer

- stormwater drainage

- installation of on-site sewage management systems (tanks, absorption trenches / irrigation areas)

- final on water, sewer and stormwater drainage and Council services.

(6) Hot water shall be stored at a minimum of 60^OC and be delivered to all sanitary fixtures used for personal hygiene (bathrooms/ensuites) at a temperature not exceeding 50^oC. Where tempering valves are installed, a sign is to be permanently fixed on the hot water heater adjacent to the tempering valve (clearly visible) indicating:

“A tempering valve has been installed to prevent scalding. This valve is to be renewed at intervals as recommended by the manufacturer.”

(7) The onsite sewage management system shall be installed and maintained in accordance with the recommendations of the report by K & H Geotechnical Services (Report No. KHEFF1926 dated October 2019).

(8) No fruit, salad vegetables or tubers growing on the property are to be irrigated with the effluent from any human waste treatment device, including aerated wastewater treatment systems.

(9) The land application area shall be a minimum of 300m².

(10) The land application area shall have a sign placed next to it that reads:

“RECLAIMED EFFLUENT - DO NOT DRINK - AVOID CONTACT”

The sign shall have a white background with red lettering a minimum 20mm high.

(11) The owner/occupier must maintain the irrigation area, including the pipework, fittings and sprinklers, and undertake the removal of vegetation where necessary. At all times, the irrigation system must be fully operational and any malfunction must be reported to the authorised service agent immediately.

(12) The minimum horizontal setback distances from the land application area shall be:

a. 2 metres from a property boundary at the side or above the land absorption area

b. 4 metres from a building or lower boundary

c. 2 metres from an adjoining land application area

d. 6 metres from a pool or spa.

(13) All stormwater is to be disposed of in a manner suitable to the site.

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.

*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.

*Disclaimer - S88B of the Conveyancing Act 1919 -* Restrictions on the Use of Land:**	The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS
Date:	17 December 2019

Council Meeting 17 December 2019

5.6 Request for Financial Assistance - Major Event Sponsorship - February 2020 to April 2020

RECORD NUMBER: 2019/2592

AUTHOR: Samantha Freeman, Acting 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's strategic policy ST144 Event Sponsorship Program and its related Event Sponsorship Program Guidelines are used to assess applications for Major Event Sponsorship.

This report is a summary of the applications received for major events in the period February 2020 to April 2020.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “11.2 Prosper - Develop and attract a variety of events, festivals, venues and activities for locals and visitors, ensuring accessibility for all”.

Financial Implications

Council's budget for Major Event Sponsorship for the 2019/20 financial year is $100,000.00. To date, $83,548.95 has been approved; the remaining total is $16,451.05.

Events Sponsorship Program Adopted Budget - $100,000.00	Actual or Committed
2 July 2019 - Finance Policy Committee meeting (see Note 1)	$25,900.00
20 August 2019 - Council meeting	$3,000.00
3 September 2019 - Finance Policy Committee meeting	$1,000.00
22 October 2019 - Council meeting (see Note 2)	$16,648.95
7 November 2019 - Council meeting	$20,000.00
3 December 2019 - Council meeting	$20,000.00
TOTAL	$86,548.95
Events Sponsorship Program Remaining Balance - $13,451.05
Note 1 - $600 was approved for a request that has since been withdrawn It has been deleted from this total. Note 2 - At this meeting, a further $2,437.00 was donated from another funding source.

Policy and Governance Implications

Nil

Recommendation

That Council resolves:

1 That funding of $2,451.05 be made from the Major Promotions Event Funding Program to Wangarang Industries (Wangarang Charity Golf Challenge 2020).

2 That funding of $1,000.00 be made from the Event Sponsorship Program to Bite Riot on behalf of Orange Apples (Orange Apple Festival 2020).

3 That funding of $5,000.00 be made from the Event Sponsorship Program to the Rainbow City Festival Committee (Rainbow City Festival 2020).

4 That funding of $5,000.00 (on the condition that they are able to find alternative funding ($15K) or reduce costs) be made from the Event Sponsorship Program to JAM Orange Inc (JAM Saturday 2020).

further considerations

SUPPORTING INFORMATION

In the Events Sponsorship Program strategic policy and guidelines, the following categories exist to support assessment of applications received:

Category	Description
Incubator Event Fund	provides seed funding to events in their first or second year of activity. Funding range is $1,000 to $5,000.
Flagship Event Fund	identifies and assists the development of events that contribute to the unique character and culture of the Orange360 tourism region and can demonstrate that they attract overnight visitation. Funding range is $1,000 to $10,000.
Event Development Fund	supports events that have already received funding from Council in previous years and can present a comprehensive strategy for future growth that includes the continued development of its tourism potential to drive overnight visitation to the event. Funding range is $1,000 to $10,000.
Quick Response Event Fund	provides seed funding and/or support to events that occur as new and unplanned opportunity for Orange and have not met the funding rounds as outlined below. Funding range is $1,000 to $20,000.
Sporting Event Program	there is no application round for the Sporting Event Program. This program is designed to attract large, multi-day sporting events that bring a substantial visitor population. Council works directly with national and regional sporting bodies and local clubs to develop this program.

Summary

Shaded cells in the $Request columns shows requests outside the maximum of the category.

Major Event Sponsorship (Remaining Budget is $13,451.05)
No	Applicant	$Request	$Recommended
ES120	Wangarang Industries	$3,000.00	$2,451.05
ES122	Bite Riot on behalf of Orange Applies	$1,500.00	$1,000.00
ES124	Rainbow City Festival Committee	$5,000.00	$5,000.00
ES126	JAM Orange Inc	$20,000.00	$5,000.00
	TOTALS	$29,500.00	$13,451.05

Application No ES120	Wangarang Industries
Not for profit (yes/no)	Yes
Event name	Wangarang Charity Golf Challenge 2020
Event date/s	Friday, 7 February 2020
Level of participation	130 participants and 200 attendees
Ticketed event	Estimated income of $2,500.00 from Participant Fees.
Amount requested	$3,000.00
Category and Category range	Event Development - $1,000 to $10,000
Aligned with Community Strategic Plan
Comment and recommendation The event has many social implications from one of the most marginalised groups in society. While the event may have 200 direct attendees (full golf course), there are flow-on effects for the 125 supported employees and 35 staff at Wangarang making this event worthwhile supporting. In align with policy, $2,451.05 recommended.

Application No ES122	Bite Riot on behalf of Orange Apples
Not for profit (yes/no)	Yes
Event name	Orange Apple Festival 2020
Event date/s	Saturday, 28 March 2020
Level of participation	30 participants and 3,000 attendees
Ticketed event	Estimated income of $5,500 from Ticket Sales.
Amount requested	$1,500.00
Category and Category range	Event Development - $1,000 to $10,000
Aligned with Community Strategic Plan
Comment and recommendation The event will add weight to the FOOD Week calendar of events. The event also serves to strengthen the primary production market in the immediate future and through younger generations for the years to come. In align with policy, $1,000.00 recommended.

Application No ES124	Rainbow City Festival Committee
Not for profit (yes/no)	Yes
Event name	Rainbow City Festival 2020
Event date/s	Friday, 22 May 2020
Level of participation	100 participants and 2,500 attendees
Ticketed event	No. $20,000 Federal Government grant and estimated $60,000 in other sponsorship.
Amount requested	$5,000.00
Category and Category range	Incubator Event - $1,000 to $5,000
Aligned with Community Strategic Plan
Comment and recommendation In align with policy, $5,000.00 recommended.

Application No ES126	JAM Orange Inc
Not for profit (yes/no)	Yes
Event name	JAM Saturday 2020
Event date/s	Saturday, 11 April 2020
Level of participation
Ticketed event	No.
Amount requested	$20,000.00
Category and Category range	Incubator Event - $1,000 to $5,000
Aligned with Community Strategic Plan
Comment and recommendation That Jam Orange be offered $5000. In align with policy (except the request amount), $5,000.00 recommended on the condition that they are able to find alternative funding ($15K) or reduce costs.

Attachments

1 Database - Event Sponsorship Donations in 2019 20, D19/72139 ⇩

2 Application ES120 - Wangarang Industries, D19/70894 ⇩

3 Application ES122 - Bite Riot on behalf of Orange Apples, D19/70893 ⇩

4 Application ES124 - Rainbow City Festival Committee, D19/70891 ⇩

5 Application ES126 - JAM Orange Inc, D19/70890 ⇩

Required information	Current period
Total number of Code of Conduct complaints made about Councillors and the General Manager/Chief Executive Officer under the Code of Conduct since 1 July 2019	Nil
Number of Code of Conduct complaints referred to a Conduct Reviewer	Nil
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints	Nil
Number of Code of Conduct complaints investigated by a Conduct Reviewer	Nil
Number of Code of Conduct complaints investigated by a Conduct Review Committee	Nil
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures	Nil
Number of matters reviewed by the Office of Local Government, and without identifying particular matters, the outcome of the reviews	Nil
The total cost of dealing with Code of Conduct complaints made about Councillors and the General Manager in the year from 1 July 2019 to 10 December 2019, including staff costs.	Nil

Application No 85	Orange District Softball Association
Not for Profit	Yes.
Purpose of the Request Portable Disabled Toilets These portable disabled toilets are for use in the Association's Kandooz program. This should be the last time that this application needs to be submitted as the new amenities at Sir Jack Brabham Park will be constructed in early 2020.
Amount Requested $2,420.00
Policy Category Basically a Sports Facility Program application but will be funded from the Sports Participation Program (which has a remaining budget of $7,247.00) and considered under Small Donations - Equipment Purchase - maximum $2,000.00.
Comment and Recommendation $1,000.00 recommended. Part of the application is retrospective and this is ineligible under Council's policy. The reduced recommendation applies to the dates that are eligible and this then is align to the maximum amount under the Small Donations Program.

Applicant	McCormack Barber Pty Ltd
Not for Profit	No
Event Name	McCormack Barber Party Under The Stars New Year’s Eve Community Celebrations This event has been annual in Orange since 2015.
Event Date/s	31 December 2019
Level of Participation	4,000 people
Ticketed Event	No
Amount Requested	$20,000
Alignment with Council’s Community Strategic Plan and Orange360 Strategic Direction		Yes

Reference	Update
General	· Formatting updates only.

Reference	Update
General	· Minor Formatting Only.

Mr D Sherley	Bathurst Regional Council	Cr M Kellam	Oberon Council
Cr S Ferguson	Blayney Shire Council	Mr G Wallace	Oberon Council
Ms R Ryan	Blayney Shire Council	Cr R Kidd	Orange City Council
Cr K Beatty	Cabonne Council	Mr D Waddell	Orange City Council
Mr B Byrnes	Cabonne Council	Cr K Keith	Parkes Shire Council
Cr D Somervaille	Central Tablelands Water	Mr K Boyd	Parkes Shire Council
Mr G Rhodes	Central Tablelands Water	Cr M Liebich	Weddin Shire Council
Cr B West	Cowra Council	Mr G Carroll	Weddin Shire Council
Mr D Wymer	Cowra Council	Mr P Evans	OLG
Cr J Webb	Forbes Shire Council	Ms J Bennett	Centroc
Mr S Loane	Forbes Shire Council	Ms M Macpherson	Centroc
Cr J Medcalf	Lachlan Shire Council	Ms A Thomas	Centroc
Mr G Tory	Lachlan Shire Council	Ms K Barker	Centroc
		Ms V Page	Centroc