Ordinary Council Meeting

 

Agenda

 

17 December 2019

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that an Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 17 December 2019  commencing at 7.00pm.

 

 

David Waddell

Chief Executive Officer

 

For apologies please contact Administration on 6393 8218.

  

 


Council Meeting                                                                                      17 December 2019

Agenda

EVACUATION PROCEDURE

In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.

Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.

In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.

1                Introduction.. 4

1.1            Apologies and Leave of Absence. 4

1.2            Livestreaming and Recording. 4

1.3            Acknowledgement of Country. 4

1.4            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 4

2                Mayoral Minutes. 5

2.1            Centroc and Central NSW Joint Organisation Meetings November 2019. 5

3                Confirmation of Minutes of Previous Meeting.. 25

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 03 December 2019  26

4                Notices of Motion/Notices of Rescission.. 35

4.1            Notice of Motion - Lachlan Valley Rail Support 35

5                General Reports. 38

5.1            Recommendations and Resolutions from Policy Committees. 38

5.2            Statement of Investments - November 2019. 57

5.3            Development Application DA 282/2019(1) - 5 Don Peters Place, Clifton Grove. 63

5.4            Code of Conduct Complaint Reporting. 97

5.5            Cr Jason Hamling - Australian Airports Association Conference Report 99

5.6            Request for Financial Assistance - Major Event Sponsorship - February 2020 to April 2020. 103

5.7            Request for Financial Assistance - Temporary Sports Facility - Orange and District Softball Association. 141

5.8            Request for Financial Assistance - Post Exhibition - McCormack Barber Party Under the Stars New Year's Eve Community Celebrations. 151

5.9            Strategic Policy Review.. 153

5.10         Release of Restriction on the Use of Land for Lot 4 DP 1185665. 177

 

6                Closed Meeting - See Closed Agenda.. 180

6.1            Tender - Construction of Shiralee Creek Gravity Sewer Main. 181

6.2            Request to Write Off Debt - Landing Fees. 183

6.3            Request to Write Off Debt - Landing Fees (2) 185

7                Resolutions from closed meeting.. 186

 


Council Meeting                                                                                      17 December 2019

1       Introduction

1.1     Apologies and Leave of Absence

1.2     LIVESTREAMING AND RECORDING

This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.

1.3     Acknowledgement of Country

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.

1.4     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.

As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.

Recommendation

It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.

 

 


Council Meeting                                                                                      17 December 2019

2       Mayoral Minutes

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

 


Council Meeting                                                                                     17 December 2019

Attachment 1      Centroc Board Meeting and Central NSW Joint Organisation Meeting - 27 November 2019 - Minutes

Minutes of the Centroc Board Meeting 27 November 2019 held at Canberra ACT Legislative Assembly

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

Board Delegates in bold

Chaired by Cr John Medcalf the meeting opened at 1.52pm.

1.    Apologies

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

Resolved                                                                                                                                        Cr B West/Cr K Keith

That the apologies for the Centroc Board meeting 27 November 2019 listed above be accepted.

 

2.    Minutes

2a        Confirmation of the Minutes of the Board Meeting 22 August 2019 at Parkes

Resolved                                                                                                                                   Ms S Loane/Cr K Beatty

That the Minutes of the Centroc Board Meeting 22 August held at Parkes be confirmed.

 

3          Transitioning to the Joint Organisation

Resolved                                                                                                                                Mr D Sherley/Mr S Loane

That the Central NSW Councils (Centroc) Board note the report regarding transition to the Joint Organisation and the windup of Centroc as a Section 355 Committee of Forbes Shire Council.

 

4          Financial report

Resolved                                                                                                      Mr D Waddell/Cr D Somervaille

 

That the Board note the Financial report and transfer the reserves as follows to the Joint Organisation:

Bells Line Expressway Group

17,537

Best Practice in Aggregated Procurement

40,768

Centroc Regional Tourism Group

129,759

CWUA Best Practice Program

31,569

CWUA - Asset Management Maturity Audit (NAMAF)

80,775

CWUA - Developer Services Plans

47,930

Energy Project

65,306

Energy Workshops - Office of Environment & Energy Grant

1,770

Energy Workshops - Centroc matching contribution

1,536

Growing Local Economies Grant Funding

73,400

Health Study - Beyond the Range

37

IT - Unified Communications

13,453

Regional Marketing

8,607

Roads Transport Technical Committee

                         14,977  

 

                     $527,424  

 

6          Presentation of the Statement of Finances

Resolved                                                                                                                           Mr D Sherley/Mr D Waddell

That the Board adopt the Statement of Finances for Centroc.

 

The General Meeting of the Centroc Board closed at 1.55pm

 

Page 2 is the last page of the Centroc Board Minutes 27 November 2019

 

 


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    


Council Meeting                                                                                      17 December 2019

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 3 December 2019 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 3 December 2019.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 3 December 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

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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

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.

6.4     Tender For AHU 3 Replacement at Gallery

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.

 

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.

  


Council Meeting                                                                                      17 December 2019

4       Notices of Motion/Notices of Rescission

4.1     Notice of Motion - Lachlan Valley Rail Support

RECORD NUMBER:       2019/2702

 

 

I, CR Scott Munro wish to move the following Notice of Motion at the Council Meeting of 17 December 2019:

 

Motion

That Orange City Council provide support to the Lachlan Valley Railway Society, in the form of administrative assistance, for sourcing and making grant applications, to carry out restoration and redevelopment projects at the East Fork Rail Precinct.

 

 

Background

Lachlan Valley Rail journeys originating in Orange have been well patronised in the past.

Establishing a permanent site in Orange has significant potential to provide an expanded experience for locals and visitors.

A report for the Orange Rail Action Group in support of this initiative is attached.

 

 

Signed Cr Scott Munro

STAFF COMMENT

This initiative is consistent with Objective 11: Sustainable tourism, events and visitor experiences:

11.1. Capitalise on the character and lifestyle of Orange to remain a destination of choice

11.2. Develop and attract a variety of events, festivals, venues and activities for locals and visitors, ensuring accessibility for all

 

Financial Implications

This assistance will have staffing workload implications but can generally be covered within existing resources.

POLICY AND GOVERNANCE IMPLICATIONS

Nil

 

Attachments

1          ORAG support for LVR, D19/72530

 


Council Meeting                                                                                                               17 December 2019

Attachment 1      ORAG support for LVR

PDF Creator


 

PDF Creator

 


Council Meeting                                                                                      17 December 2019

 

 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM REFERENCE:        2019/2699

AUTHOR:                       Samantha Freeman, Acting Director Corporate and Commercial Services    

 

 

EXECUTIVE SUMMARY

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

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

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

1        That the resolutions made by the Planning and Development Committee at its meeting held on 3 December 2019 be noted.

2        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 December 2019 be noted.

3        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 3 December 2019 be noted.

4        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 3 December 2019 be noted.

5        That the resolutions made by the Finance Policy Committee at its meeting held on 3 December 2019 be noted.

6        That the resolutions made by the Services Policy Committee at its meeting held on 3 December 2019 be noted.

 

further considerations

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

SUPPORTING INFORMATION

Planning and Development Committee

At the Planning Committee meeting held on 3 December 2019, all resolutions were made under delegation, and the minutes are presented for noting.

Infrastructure Policy Committee

At the Infrastructure Policy Committee meeting held on 3 December 2019, all resolutions were made under delegation, and the minutes are presented for noting.

Sport and Recreation Policy Committee

At the Sport and Recreation Policy Committee meeting held on 3 December 2019, all resolutions were made under delegation, and the minutes are presented for noting.

 

Environmental Sustainability Policy Committee

At the Environmental Sustainability Policy Committee meeting held on 3 December 2019, all resolutions were made under delegation, and the minutes are presented for noting.

Finance Policy Committee

At the Finance Policy Committee meeting held on 3 December 2019, all resolutions were made under delegation, and the minutes are presented for noting.

Services Policy Committee

At the Services Policy Committee meeting held on 3 December 2019, all resolutions were made under delegation, and the minutes are presented for noting.

 

Attachments

1          PDC 3 December 2019 Minutes, 2019/2687

2          IPC 3 December 2019 Minutes, 2019/2688

3          SRPC 3 December 2019 Minutes, 2019/2689

4          ESPC 3 December 2019 Minutes, 2019/2690

5          FPC 3 December 2019 Minutes, 2019/2691

6          SPC 3 December 2019 Minutes, 2019/2692

 


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

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

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.


Infrastructure Policy Committee                                                     17 December 2019

Attachment 2      IPC 3 December 2019 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Infrastructure Policy Committee

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

ON 3 December 2019

COMMENCING AT 7.51pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, 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), Manager Financial Services, Operations Manager

 

** In the absence of the Chairperson, Cr Kidd chaired the meeting. **

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 19/590                                                                           Cr S Munro/Cr J Hamling

That the apologies be accepted from Cr J Whitton (Chairperson) for the Infrastructure Policy 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

Nil


 

 

2       General Reports

2.1     Current Works

TRIM Reference:        2019/2520

RESOLVED - 19/591                                                                          Cr J Hamling/Cr S Nugent

That Council resolves to note the report on Current Works.

 

For: Unanimous

Against: Nil

Absent: Cr Whitton

 

QUESTIONS TAKEN ON NOTICE

Cr Taylor requested details on the roundabout at Matthews Avenue and Hill Street whether the latest work was a sealing coat or a final coat. Cr Taylor also asked that the letter to residents be reviewed to ensure correct dates.

 

Cr Taylor asked that sewer flows in Nathan Street being investigated and a permanent solution identified as it was occurring approximately every three months and was a significant issue for residents.

 

MATTER ARISING                                                                                                                       

Cr Duffy requested information on the price of coloured LED lights in comparison to white LED lights installed for the festoon lighting.

 

 

The Meeting Closed at 7.57PM.


Sport and Recreation Policy Committee                                         17 December 2019

Attachment 3      SRPC 3 December 2019 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Sport and Recreation Policy Committee

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

ON 3 December 2019

COMMENCING AT 7.58pm


 1      Introduction

Attendance

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

Chief Executive Officer, 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

 

 

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 19/592                                                                           Cr S Munro/Cr J Hamling

That the apologies be accepted from Cr J Whitton for the Sport and Recreation Policy 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

Nil 


 

 

2       Committee Minutes

2.1     Minutes of the Australia Day Community Committee Meeting – 11 September 2019

TRIM Reference:        2019/2406

RESOLVED - 19/593                                                                            Cr S Munro/Cr R Turner

1       That Council acknowledge the reports presented to the Australia Day Community Committee at its meeting of 11 September 2019.

2        That the remainder of the minutes of the Australia Day Community Committee Meeting of 11 September 2019 be adopted.

 

For: Unanimous

Against: Nil

Absent: Cr Whitton

 

3       General Reports

3.1     Sporting Precinct

TRIM Reference:        2019/2646

RESOLVED - 19/594                                                                           Cr J Hamling/Cr S Munro

That Council resolves:

1        That should the land currently utilised by Orange Ex-Services Club under a lease agreement for the operation of the Bloomfield Golf Course become available, that this site is the preferred site for the construction of the $25 million Sporting Precinct;

2        That should the land currently utilised by Orange Ex-Services Club under a lease agreement for the operation of the Bloomfield Golf Course not be available, that Council confirms the Northern Distributor Site as the preferred location for the Sporting Precinct; and

3        That Council seek any approvals necessary to progress the development of the preferred site.

 

For: Unanimous

Against: Nil

Absent: Cr Whitton

 

The Meeting Closed at 8.23PM


Environmental Sustainability Policy Committee                         17 December 2019

Attachment 4      ESPC 3 December 2019 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Environmental Sustainability Policy Committee

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

ON 3 December 2019

COMMENCING AT 8.24pm


 1      Introduction

Attendance

Cr M Previtera (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, Governance Coordinator, Manager Corporate and Community Relations, Administration Assistant (Cubbin)

 

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

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 19/595                                                                           Cr S Munro/Cr J Hamling

That the apologies be accepted from Cr J Whitton and Cr S Romano (Deputy Mayor) for the Environmental Sustainability 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       General Reports

2.1     Annual Waste Diversion and Education Strategy Implementation - 2018/2019

TRIM Reference:        2019/2429

RESOLVED - 19/596                                                                            Cr S Nugent/Cr S Munro

That the information provided in the report on Annual Waste Diversion and Education Strategy Implementation – 2018/2019 be acknowledged.

 

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 

 

The Meeting Closed at 8.28pm.


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


Services Policy Committee                                                                   17 December 2019

Attachment 6      SPC 3 December 2019 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Services Policy Committee

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

ON 3 December 2019

COMMENCING AT 8.39pm


 1      Introduction

Attendance

Cr S Munro (Chairperson), Cr R Kidd (Mayor), Cr K Duffy Cr J Hamling, Cr J McRae, Cr T Mileto, 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 - 19/603                                                                           Cr S Munro/Cr J Hamling

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

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Mr 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 Cultual Heritage Committee Meeting held on Monday 21 October 2019

TRIM Reference:        2019/2465

RESOLVED - 19/604                                                                               Cr R Kidd/Cr S Nugent

1        That Council acknowledge the reports presented to the Cultural Heritage Community Committee at its meeting held on 21 October 2019.

2        That Council determine recommendations 4.2, 4.3 and 4.4 from the minutes of the Cultural Heritage Community Committee meeting of 21 October 2019:

4.2    That an approach be made to the owners of ‘Mamhead’ requesting the house be made open for tours to the public during the weekend of the Airing of the Quilts.

4.3    The Committee requested that a report be brought back to the December 2019 meeting on the relocation of the Sir Neville Howe Memorial, Robertson Park.

4.4    1. That the report on Huntley Interpretative Sign be acknowledged.

2. That an interpretive signage strategy and policy be developed to include a map of potential items.

3        That the remainder of the minutes of the Cultural Heritage Community Committee at its meeting held on 21 October 2019 be adopted.

 

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

Against: Nil

Absent: Cr Whitton, Cr Romano

  

3       General Reports

3.1     Storage Needs of Service Clubs

TRIM Reference:        2019/2441

RESOLVED - 19/605                                                                               Cr R Kidd/Cr S Nugent

That the report on Storage Facilities available to Service Clubs be acknowledged.

 

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

Against: Nil

Absent: Cr Whitton, Cr Romano

 


 

 

3.2     Villages of the Heart Public Art Concept - The Springs, Orange - Report following Public Exhibition

TRIM Reference:        2019/2522

RESOLVED - 19/606                                                                          Cr J Hamling/Cr S Nugent

1        That the report on Villages of the Heart Public Art Concept – The Springs – Report Following Public Exhibition be acknowledged.

2        That Council endorse The Springs Public Art Concepts.

 

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

Against: Nil

Absent: Cr Whitton, Cr Romano

 

MATTER ARISING

Cr Duffy requested a report on the Historical Society and where old photographs are up to and has Council identified storage areas for them.

 

The Meeting Closed at 8.45pm.


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

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

SUPPORTING INFORMATION

THE 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 1      Plans

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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

(c)      stating that unauthorised entry to the site is prohibited.

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

 

(4)      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 60OC and be delivered to all sanitary fixtures used for personal hygiene (bathrooms/ensuites) at a temperature not exceeding 50oC. 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

5.4     Code of Conduct Complaint Reporting

RECORD NUMBER:       2019/2201

AUTHOR:                       Samantha Freeman, Acting Director Corporate and Commercial Services    

 

 

EXECUTIVE Summary

At the Council Meeting held in 6 February 2018, Council resolved to receive quarterly reports on the status of complaints made against Councillors and the General Manager/Chief Executive Officer under Council’s Code of Conduct.

This report provides an update on the current status of complaints from 1 July 2019 to 10 December 2019.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Part 11 of the Procedures for the Code of Conduct set out the information that is to be reported to Council and the Office of Local Government within 3 months of 30 September each year. Council reported to the Office on 29 November 2019 for the period 1 September 2018 - 31 August 2019.

Other information is not included given the requirements of Part 12 of the Procedures, which require information about complaints and the management and investigation of complaints is to be treated as confidential and not disclosed publicly.

 

Recommendation

That the report on Code of Conduct Complaint Reporting by the Acting Director Corporate and Commercial Services be acknowledged.

 

further considerations

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


 

SUPPORTING INFORMATION

This report provides statistics on Code of Conduct complaints against Councillors and the General Manager/Chief Executive Officer, from 1 July 2019 to 10 December 2019.

 

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

 

 

 

 

  


Council Meeting                                                                                      17 December 2019

5.5     Cr Jason Hamling - Australian Airports Association Conference Report

RECORD NUMBER:       2019/2738

AUTHOR:                       Jason Hamling, Cr    

 

 

EXECUTIVE Summary

I attended the Australian Airports Association Conference held on the Gold Coast on Tuesday 19th and Wednesday 20th November 2019. I provide the following report for noting.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “16.1 Collaborate - Work in partnership with other Councils, regional organisations and State and Federal Governments”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

RECOMMENDATION

that the report by Cr Jason Hamling on the Australian Airports Association Conference 2019 be noted.

 

further considerations

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

SUPPORTING INFORMATION

 

Tuesday 19th November

Craig Bearsley, Group Director – Power and Industrial NSW /ACT AECOM

·    Craig spoke about airports representing one of our most critical and energy intensive infrastructure assets. Increasing demand, changing market conditions and a desire to improve sustainability and resilience is driving airport operators to review their assets and operations.

·    Airports are looking to alternative revenue streams to mitigate risks of future airport revenue declines, for example in car parking revenue. These potential revenue streams include expanded retail precincts and sustainability measures, such as electrification of ground support equipment, which will make our airports hungrier for electricity than ever before. Onsite renewable energy generations seems the obvious answer, and given our airports are generally large, flat, reasonably isolated and free from shading, the question was asked - is solar PV the ideal choice?

·    Car electric charging stations can be used to put electricity into batteries which could run the airport as well as put electricity back into the grid to make money.

·    No guidelines from CASA about solar panel use around airports at this stage. It was suggested that there is plenty of open space around airports to establish solar farms.

Claire Donnellan, Manager Service Strategy and Customer Experience, Sydney Airport

·    Claire spoke about the fact that customers can tell us what we need to be focussed on to improve their airport experience, for example, it’s wise to conduct surveys on social media and at individual airports to get this feedback – listening and ensuring that processes are in place to deliver is really important.

·    Showcase your area by what the passenger first sees at your airport.

·    Partner with tourism groups to improve the customer experience.

 

Badgerys Creek 

No allocations as yet - it is envisaged that Western Sydney will be for low cost carriers, domestic etc. and Kingsford Smith for international carriers - no decision yet.

Airport Security

The installation of security screening is still dependant on numbers through individual airports, there appears to be no plans to make regional airports have screening made compulsory.

Industrial Parks 

Still very popular around airports especially for businesses that want that connectivity to an airport.

 

Wednesday 20th November

Brian Joiner, General Manager Airports and Commercial Infrastructure, Whitsunday Regional Council - Adapting the management of regional airports to changing circumstances.

 

Challenges

Competitive environment

Limited airline replacement capacity

Public expectation

Political environment 

Opportunities

Government Funding available for upgrades

Planning opportunities

How to run your airport more efficiently

Jackie Parish, Manager Airport Operations, Dubbo Regional Airport

·    Owned by Council

·    180 flights per week

·    4 airlines, 9 destinations

·    5% growth last year

·    50% growth in general aviation 

·    New carpark 

·    Rental car parks 118 spaces

·    More staff parking

·    Try to get staff to have ownership of the airport creates better staff morale 

·    Newsletter promotes to the general public what’s going on at the airport 

·    Billboards with local businesses – this creates a separate revenue stream

·    Promote your airport with competitions - airline, accommodation packages - teaming up with local radio station etc.   

Regional Airlines/ Regional Stream - Panel

·    Pilot Shortages

·    $80,000 to train a pilot usually move onto international employment after 3 months

·    Rex Pilot shortage to be sorted in 6-12 months

·    Biggest issue for REX dealing with Council-owned airports - discussions need to be honest and transparent

·    Great relationship with Orange City Council

·    Community fares are a success with Rex offering those to 38 different airports

·    Rex will be open to more routes when the pilot shortage is sorted

·    Rex fleet upgrades will occur within the next 15 years

 

 

 

  


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

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

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

 


Council Meeting                                                                                                                17 December 2019

Attachment 1      Database - Event Sponsorship Donations in 2019 20

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Council Meeting                                                                                                               17 December 2019

Attachment 2      Application ES120 - Wangarang Industries

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Council Meeting                                                                                                               17 December 2019

Attachment 3      Application ES122 - Bite Riot on behalf of Orange Apples

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Council Meeting                                                                                                               17 December 2019

Attachment 4      Application ES124 - Rainbow City Festival Committee

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Council Meeting                                                                                                               17 December 2019

Attachment 5      Application ES126 - JAM Orange Inc

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Council Meeting                                                                                      17 December 2019

5.7     Request for Financial Assistance - Temporary Sports Facility - Orange and District Softball Association

RECORD NUMBER:       2019/2697

AUTHOR:                       Scott Maunder, Director Community, Recreation and Cultural Services    

 

 

EXECUTIVE Summary

The purpose of this report is to provide an assessment of an application received that similarly relates to Council's 2019/20 Sports Facility Partnership Program.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Live - Engage with the community to ensure recreation opportunities and facilities meet changing needs”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That a donation of $1,000.00 be made from Council's Sports Participant Program to the Orange and District Softball Association (Portable Disabled Toilets).

 

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

A late application has been received that partially relates to Council's Sports Facility Program and which can be funded from Council's Sports Participation Program.

 


 

The application is assessed as follows:

 

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.

 

 

Attachments

1          Application 85 - Sports Facility - Orange and District Softball Association, D19/72420

 


Council Meeting                                                                                                               17 December 2019

Attachment 1      Application 85 - Sports Facility - Orange and District Softball Association

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Council Meeting                                                                                      17 December 2019

 

 

5.8     Request for Financial Assistance - Post Exhibition - McCormack Barber Party Under the Stars New Year's Eve Community Celebrations

TRIM REFERENCE:        2019/2767

AUTHOR:                       Samantha Freeman, Acting Director Corporate and Commercial Services    

 

 

EXECUTIVE Summary

At the Council Meeting held on 7 November 2019, Council considered a request for financial assistance for McCormack Barber Party Under the Stars New Year’s Eve Community Celebrations. Council resolved to place this request on public exhibition which has now been finalised, with no submissions received.

The request is therefore recommended to Council for adoption.

 

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

$20,000 from Event Sponsorship Program funding budget for 2019/20.

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves that funding for the amount of $20,000.00 be made from the Event Sponsorship Program Fund to the McCormack Barber Party Under the Stars New Year’s Eve Community Celebrations (event promotion).

 

further considerations

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

SUPPORTING INFORMATION

Council received a request from McCormack Barber, who are a business acting for profit, seeking event sponsorship for McCormack Barber Party Under the Stars New Year’s Eve Community Celebrations. It is proposed that Council allocate $20,000. As McCormack Barber is a business acting for profit, their request was placed on public exhibition for public comment which closed on 9 December 2019.

 

 

 


 

A summary of the event application is below:

 

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

Following exhibition of this request for financial assistance, and given that no public submissions were received, it is recommended to provide financial assistance to McCormack Barber Party Under the Starts New Year’s Eve Community Celebrations.

 

 


Council Meeting                                                                                      17 December 2019

 

 

5.9     Strategic Policy Review

RECORD NUMBER:       2019/2704

AUTHOR:                       Samantha Freeman, Acting Director Corporate and Commercial Services    

 

 

EXECUTIVE Summary

This report presents the following Strategic Policies, each reviewed and, where applicable, amended and are now recommended for placement on public exhibition for a period of 28 days:

·    ST095 – Debt Recovery

·    ST132 – Overdraft Facilities

·    ST042 – Investment of Council Funds

·    ST005 – Loan Guarantee

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Council’s Strategic Policies are being reviewed and amended to ensure ongoing compliance with legislation and industry best practice. Policies of Council are of two types – Strategic Policies are determined by Council, and relate to Councillors and the broader community.

The Local Government Act 1993 requires the public exhibition of Policies (if new or include significant changes) and adoption by Council. Operational Policies are determined and implemented by the Chief Executive Officer, and relate to staff and the operations of the organisation.

 

Recommendation

That Council resolves to place the following draft Strategic Policies on public exhibition, providing an opportunity for review and comment, for a minimum of 28 days:

·        ST095 – Debt Recovery

·        ST132 – Overdraft Facilities

·        ST042 – Investment of Council Funds

·        ST005 – Loan Guarantee

 

 

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

A review of Council’s Strategic Policy framework continues, and the following policies have been reviewed. Having recently been adopted and in order to align the policy schedules, only minor updates or formatting changes have been made to the first three policies. The final policy has been reviewed and updated and is also recommended for public exhibition.

Following the exhibition process, consideration by Councillors and any submissions, a further report will be provided to Council suggesting any amendments to the policy prior to final adoption by Council.

A summary of amendments to the policies is set out below.

ST095 – Debt Recovery

 

Reference

Update

General

·    Formatting updates only.

ST132 – Overdraft Facilities

 

Reference

Update

General

·    Minor Formatting Only.

ST042 – Investment of Council Funds

 

Reference

Update

General

·    Minor Formatting and grammatical changes.

·    Change references from General Manager to Chief Executive Officer.

ST093 – Loan Guarantee

 

Reference

Update

General

·   Minor formatting and reference updates.

·   Addition of requirement to complete the Checklist annually as part of the Compliance Statement item 3.

·   Update to Current Community Strategic Plan strategies

 

Attachments

1          DRAFT - Strategic Policy - ST095 - Debt Recovery, D19/72560

2          DRAFT - Strategic Policy - ST132 - Overdraft Facilities, D19/72607

3          DRAFT - Strategic Policy - ST042 - Investment of Council Funds, D19/72626

4          DRAFT - Strategic Policy - ST005 - Loan Guarantee, D19/73489

 


Council Meeting                                                                                                               17 December 2019

Attachment 1      DRAFT - Strategic Policy - ST095 - Debt Recovery

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Council Meeting                                                                                                               17 December 2019

Attachment 2      DRAFT - Strategic Policy - ST132 - Overdraft Facilities

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Council Meeting                                                                                                               17 December 2019

Attachment 3      DRAFT - Strategic Policy - ST042 - Investment of Council Funds

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Council Meeting                                                                                                               17 December 2019

Attachment 4      DRAFT - Strategic Policy - ST005 - Loan Guarantee

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Council Meeting                                                                                      17 December 2019

5.10   Release of Restriction on the Use of Land for Lot 4 DP 1185665.

RECORD NUMBER:       2019/2745

AUTHOR:                       Jason Theakstone, Manager Engineering Services    

 

 

EXECUTIVE Summary

Council is benefited by a restriction of the use of land, described as Lot 4 DP 1185665, that “vehicle access shall be denied to and across:

a)   The eastern and southern boundaries of the lot burdened adjacent to Leeds Parade.

b)   The northern and eastern boundaries of the lot burdened adjacent the Northern Distributor Road”

There is also a restriction on the use of land requiring an additional water supply as a result of development of the allotment to be designed, constructed and financially contributed to by the proponent.

The purpose of this report is to release the restriction on the use of land preventing access to and across the Northern Distributor Road subject to the approval of a development application on the allotment.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “9.1 Preserve - Construct and maintain a road network meets the community’s transport and infrastructure needs”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves to release the restriction on the use of land, described as Lot 4 DP 1185665, preventing access to and across the Northern Distributor Road, subject to the approval of a development application on the allotment.

 

further considerations

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

SUPPORTING INFORMATION

Council has received a Development Application for the construction of a highway service centre and service station (DA332/2019) on land described as Lot 4 DP 1185665 as shown in Figure 1 below. Lot 4 DP 1185665 is situated on the south/west corner of the Leeds Parade and Northern Distributor Road roundabout. The development application is currently being assessed and Council is expecting further information on the development proposal.

 

Figure 1

 

In pre-lodgement discussions with the proponent for DA332/2019, Council’s Engineering staff believe the provision of left in and left out access onto the Northern Distributor Road is warranted but only on the provision that a left in slip lane and a left out acceleration lane be constructed as to prevent any effect on the existing Northern Distributor Road traffic flows (As shown in Figure 1).

It is recommended that Council resolves to release the restriction on the use of land denying access to the Northern Distributor Road subject to the approval of development on Lot 4 DP 1185665.

 

 

    


Council Meeting                                                                                      17 December 2019

6     Closed Meeting - See Closed Agenda

The Chief Executive Officer will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.

The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

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     Tender - Construction of Shiralee Creek Gravity Sewer Main

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     Request to Write Off Debt - Landing Fees

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 (b) the personal hardship of any resident or ratepayer.

6.3     Request to Write Off Debt - Landing Fees (2)

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 (b) the personal hardship of any resident or ratepayer.

 

 


Council Meeting                                                                                      17 December 2019

6.1     Tender - Construction of Shiralee Creek Gravity Sewer Main

RECORD NUMBER:       2019/2695

AUTHOR:                       Gary Edwards, Projects Officer    

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 


Council Meeting                                                                                      17 December 2019

6.2     Request to Write Off Debt - Landing Fees

RECORD NUMBER:       2019/2649

AUTHOR:                       Ian Greenham, Director Technical Services    

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.

 

 


Council Meeting                                                                                      17 December 2019

6.3     Request to Write Off Debt - Landing Fees (2)

RECORD NUMBER:       2019/2778

AUTHOR:                       Ian Greenham, Director Technical Services    

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.

 

  


Council Meeting                                                                                      17 December 2019

7       Resolutions from closed meeting