Ordinary Council Meeting

 

Agenda

 

18 February 2020

 

 

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 Bowen Public School, Park Street, Orange on Tuesday, 18 February 2020 commencing at 7.00pm.

 

 

David Waddell

Chief Executive Officer

 

For apologies please contact Administration on 6393 8218.

  

 


Council Meeting                                                                                       18 February 2020

Agenda

EVACUATION PROCEDURE

In the event of an emergency, the building may be evacuated.

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.. 3

1.1            Apologies and Leave of Absence. 3

1.2            Opening Prayer – Andrew Wratton – Mountain Hope Church. 3

1.3            Acknowledgement of Country. 3

1.4            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 3

2                Mayoral Minutes. 5

2.1            Chief Executive Officer - Performance Review Panel 5

3                Confirmation of Minutes of Previous Meeting.. 8

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 04 February 2020  9

4                Notices of Motion/Notices of Rescission.. 20

Nil

5                General Reports. 21

5.1            Recommendations and Resolutions from Policy Committees. 21

5.2            Statement of Investments - December 2019. 41

5.3            Statement of Investments - January 2020. 47

5.4            Quarterly Budget Review and Progress Report - Quarter 2 of 2019/20. 53

5.5            LGNSW Tourism Conference 2020. 141

5.6            2020 National General Assembly of Local Government - Call for Motions. 149

5.7            Development Application - DA 332/2019(1) - 185 Leeds Parade. 159

6                Closed Meeting – no items for consideration.. 254

 


Council Meeting                                                                                       18 February 2020

1       Introduction

1.1     Apologies and Leave of Absence

1.2     Opening Prayer – andrew wratton – mountain hope church

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                                                                                       18 February 2020

2       Mayoral Minutes

2.1     Chief Executive Officer - Performance Review Panel

RECORD NUMBER:       2020/265

 

 

Mayoral Minute

The role of Council is to oversee the Chief Executive Officer’s performance in accordance with the standard contract. This contract provides for an annual Performance Appraisal to be undertaken against the agreed performance criteria for the position. The agreed criteria are set out in an agreement that is signed within three months of commencement of the contract.

The Council is to establish a performance review panel and delegate the task of performance reviews of the Chief Executive Officer to this panel.

The panel should comprise the Mayor, Deputy Mayor, a Councillor nominated by the Chief Executive Officer and a Councillor nominated by Council. Panel members should be trained in the performance management of General Managers.

The panel comprises the Mayor, Cr Reg Kidd, Deputy Mayor, Cr Sam Romano and Cr Joanne McRae.  One further Councillor nominated by Council is to form the final panel.

 

 

Recommendation

That Council:

1     Establishes a Chief Executive Officer Performance Review Panel consisting of the Mayor (Cr Reg Kidd), Deputy Mayor (Cr Sam Romano), a Councillor appointed by the Chief Executive Officer and a Councillor appointed by Council.

2     Acknowledges the appointment of Cr Joanne McRae as the Chief Executive Officer’s nomination for the panel.

3     Appoints a Councillor, who has completed the General Manager Performance Appraisal Training, to be included on the Chief Executive Officer’s Performance Review Panel.

4     Delegates the Performance Review of the Chief Executive Officer to the Chief Executives Performance Review Panel.

 

 

 

Reg Kidd
Mayor


 

SUPPORTING INFORMATION

The Council is to establish a performance review panel and delegate the task of performance reviews of the Chief Executive Officer to this panel.

It is recommended that the whole process of the performance management be delegated to the performance management review panel, including discussions about performance, any actions that should be taken and the determination of the new performance agreement.

The panel should comprise the Mayor, Deputy Mayor, a Councillor Nominated by the Chief Executive Officer and a Councillor nominated by Council. Panel members should be trained in the performance management of General Managers (CEO’s).

This panel comprises the Mayor, Cr Reg Kidd, Deputy Mayor, Cr Sam Romano and Cr Joanne McRae.  One further Councillor nominated by Council is to form the final panel.

The role of the review panel includes:

·    Conducting performance reviews

·    Reporting the findings and recommendations of those review to Council

·    Developing the performance agreement.

All Councillors not on the panel can contribute to the process by providing feedback to the Mayor on the Chief Executive Officer’s performance.

All Councillors are to be notified of relevant dates in the performance review cycle and kept advised of any panel findings and recommendations through a report to Council in a closed session as soon as practicable following any performance review. This should not be an opportunity to debate the results or re-enact the performance review of the Chief Executive Officer and the Chief Executive Officer should not be present when the matter is considered. Any performance management report should not be released to the public. Release of such personal information to anyone other than the Performance Review Panel, the Chief Executive Officer and the Councillors in confidence may be a breach of privacy legislation.

The following Councillors, during February 2019, completed General Manager Performance Appraisal Training with the Office of Local Government:

·    Cr Kevin Duffy

·    Cr Reg Kidd

·    Cr Joanne McRae

·    Cr Tony Mileto

·    Cr Scott Munro

·    Cr Stephen Nugent

·    Cr Mario Previtera

·    Cr Sam Romano

The Mayor Cr Kidd and Deputy Mayor Cr Romano are included on the review panel and Cr McRae has been elected by the Chief Executive Officer. One further Councillor is to be nominated from the remaining trained Councillors.

 

It is recommended Council determine the final review panel member:

·    Cr Kevin Duffy

·    Cr Tony Mileto

·    Cr Scott Munro

·    Cr Stephen Nugent

·    Cr Mario Previtera

 

 

      


Council Meeting                                                                                       18 February 2020

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 4 February 2020 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 4 February 2020.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 4 February 2020



ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

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

ON 4 February 2020

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr G Taylor (7.08pm), Cr R Turner, Cr J Whitton

Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Manager Engineering Services, Manager Financial Services, Works Manager, Communications Officer

 

1.1     APOLOGIES

 

RESOLVED - 20/004                                                                             Cr S Munro/Cr T Mileto

That the apology be accepted from Cr M Previtera for the Council Meeting of Orange City Council on 4 February 2020.

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

Against: Nil

Absent: Cr Previtera   

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

Nil

 

LATE ITEMS

RESOLVED - 20/005                                                                          Cr J Hamling/Cr S Nugent

That the following late item be dealt with at the meeting of Orange City Council held on 4 February 2020:

CCL    5.5     Council Meeting Relocation

 

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

Against: Nil

Absent: Cr Previtera

 

2       Mayoral Minutes

2.1     Mayoral Minute - Country Mayors Association - NSW Bushfires

TRIM Reference:        2020/123

RESOLVED - 20/006                                                                            Cr S Nugent/Cr S Munro

That the information contained in this Mayoral Minute be acknowledged.

 

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

Against: Nil

Absent: Cr Previtera

 

MATTER ARISING                                                                                                                       

Cr Munro asked for the Prayer to be reinstated at Council Meetings.

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.01PM

 

OPEN FORUM 

 

Item 5.2 – Banjo Paterson Memorial Park – Heritage Landscape Plan

Ms Elizabeth Griffin


** Cr Taylor arrived at the meeting with the time being 7.08pm **

 

Item 4.1 - Waste Water Recycling Strategy

Ms Grace Pereira

Ms Melanie McDonell

Ms Michelle McRae

Item 4.1 - Waste Water Recycling Strategy, Item 4.3 – Notice of Motion - Development of Climate Change Strategic Policy and Item 5.4 Desilting of Spring Creek Dam

Ms Clare Stuart

 

Item 4.3 – Notice of Motion - Development of Climate Change Strategic Policy

Mr John Da Rin

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.28PM

THERE WAS ONE MINUTES SILENCE TO ACKNOWLEDGE THE PASSING OF BETTY MCDONALD

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 20/007                                                                             Cr S Munro/Cr T Mileto

That the Minutes of the Ordinary Meeting of Orange City Council held on 17 December 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 17 December 2019.

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

Against: Nil

Absent: Cr Previtera

 

RESOLVED - 20/008                                                                            Cr S Munro/Cr S Nugent

That the Minutes of the Extraordinary Meeting of Orange City Council held on 14 January 2020 (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 14 January 2020.

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

Against: Nil

Absent: Cr Previtera

 

MATTER ARISING

Cr Duffy requested that a question he raised at the meeting of 14 January 2020 be addressed regarding water security and whether land purchased on the Macquarie River is available to our Council as a water licence and sought information to be circulated to Councillors as to the details of that licence and the basis for purchasing the land.

 

MATTER ARISING 

Cr Taylor requested Councillors be provided with a report regarding the operational requirements for draining and cleaning the duck pond.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.34PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.21PM

4       Notices of Motion/Notices of Rescission

4.1     Waste Water Recycling Strategy

TRIM Reference:        2020/92

RESOLVED - 20/029                                                                              Cr J McRae/Cr T Mileto

That Council investigate a municipal waste water recycling strategy to supplement the City’s water supply.

 

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

Against: Nil

Absent: Cr Previtera

 

MATTER ARISING

Cr McRae requested Councillors be provided with a briefing on the supply agreements with Cadia.

 

4.2     Notice of Motion - Bushfire Crisis Support

TRIM Reference:        2020/106

MOTION                                                                                                 Cr S Nugent/Cr R Kidd

That Council take the following action in relation to this season’s bushfire crisis:

1       Offer assistance to fire-affected Council’s by registering with Local Government NSW’s Local Government Bushfire Recovery Support Group.

2       Organise a community event once the current bushfire season is over to say thank you to the volunteer fire fighters who live in Orange and the surrounding district.

 

AMENDMENT                                                                                            Cr K Duffy/Cr R Kidd

That Council take the following action in relation to this season’s bushfire crisis:

1              Offer assistance to fire-affected Council’s by registering with Local Government NSW’s Local Government Bushfire Recovery Support Group.

2        That the Mayor and CEO approach the Canobolas RFS as to how Council may assist with fire recovery efforts.

 

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 - 20/030                                                                               Cr S Nugent/Cr R Kidd

That Council take the following action in relation to this season’s bushfire crisis:

1              Offer assistance to fire-affected Council’s by registering with Local Government NSW’s Local Government Bushfire Recovery Support Group

2        That the Mayor and CEO approach the Canobolas RFS as to how Council may assist with fire recovery efforts

 

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

Against: Nil

Absent: Cr Previtera

 

4.3     Notice of Motion - Development of Climate Change Strategic Policy

TRIM Reference:        2020/105

RESOLVED - 20/031                                                                          Cr S Nugent/Cr J Hamling

That Council develop a strategic policy on Council’s future response to climate change including mitigation, adaption and risk management issues.

 

For: Cr Kidd, Cr Hamling, Cr McRae, Cr Nugent, Cr Romano, Cr Taylor, Cr Whitton

Against: Cr Duffy, Cr Munro, Cr Mileto, Cr Turner

Absent: Cr Previtera


 

5       General Reports

5.1     Strategic Policy Review

TRIM Reference:        2019/2775

RESOLVED - 20/032                                                                                  Cr K Duffy/Cr R Kidd

That Council resolves to:

1    Adopt the following policies:

·                ST095 – Debt Recovery

·                ST132 – Overdraft Facilities

·                ST042 – Investment of Council Funds

·                ST005 – Loan Guarantee

·                ST077 – Water Carting

·                ST093 – Purchasing

·                ST109 – Buy Local Purchasing

2    Place the following policies on public exhibition for a period of 28 days:

·                ST107 – Outdoor Dining Areas

·                ST114 – Whiteway Lighting

·                ST142 – Events on Council Owned/Managed Land

·                ST143 – Event Cancellation

·                ST083 – Access to Information Held By Council

·                ST016 – Managing Complaints and Feedback

 

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

Against: Nil

Absent: Cr Previtera

 

5.2     Banjo Paterson Memorial Park - Heritage Landscape Plan

TRIM Reference:        2020/32

RESOLVED - 20/033                                                                           Cr J Whitton/Cr S Munro

1     That the report be noted.

2     That the Banjo Paterson Memorial Park Heritage Landscape Plan be placed on exhibition for community comment.

 

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

Against: Nil

Absent: Cr Previtera


 

 

5.3     Request for Financial Assistance Revisited - Rotary Club of Orange North - Lead the Way for Guide Dogs

TRIM Reference:        2020/104

RESOLVED - 20/034                                                                           Cr J Whitton/Cr S Munro

That a donation of $5,027.42 be made from the Small Donations Program to the Rotary Club of Orange North (Lead the Way for Guide Dogs).

 

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

Against: Nil

Absent: Cr Previtera

 

5.4     Desilting of Spring Creek Dam

TRIM Reference:        2020/126

RESOLVED - 20/035                                                                             Cr K Duffy/Cr J Hamling

That; if a commercial case can be identified for approximately 150,000 m3 of silt, then Council seek approvals and plan for desilting of Spring Creek Dam.

 

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

Against: Nil

Absent: Cr Previtera

 

5.5     Council Meeting Relocation

TRIM Reference:        2020/173

RESOLVED - 20/036                                                                        Cr J Hamling/Cr S Romano

That Council resolves to:

1     Hold the Council Meetings of 18 February 2020, 3 March 2020 and 17 March 2020 at alternate locations;

2     Hold these meetings at Waratahs, Bowen and Glenroi; and

3     Divert from the Code of Meeting Practice for the three Council Meetings.

 

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

Against: Nil

Absent: Cr Previtera


 

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.

 

** Cr Hamling left the meeting, at the commencement of the Closed Meeting with the time being 10.10pm. **

 

RESOLVED - 20/037                                                                            Cr S Munro/Cr S Nugent

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     Airport Service Expansion

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     Acquisition of Land - Critical Water Infrastructure

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     Sale 3 Trappit Place Orange

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 Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Previtera, Cr Hamling

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 10.15pm.

The Mayor declared the Ordinary Meeting of Council resumed at 10.40pm.

7       Resolutions from Closed Meeting

The Acting Director Corporate and Commercial Services read out the following resolutions made in the Closed Meeting of Council.

6.1     Airport Service Expansion

TRIM Reference:        2020/55

RESOLVED - 20/038                                                                               Cr K Duffy/Cr S Munro

That Council finalise the agreement to expand services at the Orange Airport.

 

For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Previtera, Cr Hamling


 

 

6.2     Acquisition of Land - Critical Water Infrastructure

TRIM Reference:        2020/68

RESOLVED - 20/039                                                                              Cr K Duffy/Cr S Nugent

That Council resolves:

1        To acquire by compulsory acquisition the land being Lot 101 DP 857925 and known as 280 to 284 Phillip Street Orange (the Land) in accordance with the powers set out in Chapter 8, Part 1 of the Local Government Act 1993 for the purpose of carrying out its functions as described in this report.

2        To the making of an application to the Minister seeking approval of the Minister to Council giving a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 with respect of the Land.

3        To the making of an application to the Minister requesting the Minister recommend to the Governor that approval be granted for the acquisition of the Land by publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991.

4        To affix the Common Seal of Council to any contract, agreement, document or other instrument as required in connection with the compulsory acquisition process for the Land including an agreement under section 30 of the Land Acquisition (Just Terms Compensation) Act 1991.

6        That the Chief Executive Officer be delegated authority to negotiate the terms of any contract, agreement, document or other instrument as required in connection with the compulsory acquisition process for the Land as set out in this report and to execute any such contract, agreement, document or other instrument that does not require the affixing of the Common Seal of Council.

7        To classify the land being acquired as operational for the purposes of the Local Government Act 1993(section 31).

8        That Council proceed with the necessary application to the Minister for Local Government and the Minister for Finance to approve a shorter negotiation period pursuant to S10A of the Land Acquisition (Just Terms) Act 1991 (NSW).

9        That Council proceed with an application to reduce the notice period pursuant to s13 of Land Acquisition (Just Terms) Act 1991 (NSW) to a period of 30 days.

 

For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Previtera, Cr Hamling


 

 

6.3     Sale 3 Trappit Place Orange

TRIM Reference:        2020/113

RESOLVED - 20/040                                                                            Cr R Turner/Cr S Munro

That Council resolves:

1        That Council sell 3 Trappit Place Orange for the sum of $508,050 inclusive of GST.

2        That the proceeds be applied to the Land Development Reserve.

3        That permission be granted for the use of the Council Seal on any relevant documentation.

 

For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Previtera, Cr Hamling

 

The Meeting Closed at 10.30pm

 

This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 4 February 2020.

  


Council Meeting                                                                                       18 February 2020

4       Notices of Motion/Notices of Rescission

Nil


Council Meeting                                                                                       18 February 2020

 

 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM REFERENCE:        2020/184

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 Employment and Economic Development Policy Committee at its meeting held on 4 February 2020 be noted.

2        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 4 February 2020 be noted.

3        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 4 February 2020 be noted.

4        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 4 February 2020 be noted.

5        That the resolutions made by the Services Policy Committee at its meeting held on 4 February 2020 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

Employment and Economic Development Policy Committee

At the Employment and Economic Development Policy Committee meeting held on 4 February 2020, all resolutions were made under delegation, and the minutes are presented for noting.

Infrastructure Policy Committee

At the Infrastructure Policy Committee meeting held on 4 February 2020, all resolutions were made under delegation, and the minutes are presented for noting.

Sport and Recreation Policy Committee

At the Sport and Recreation Policy Committee meeting held on 4 February 2020, all resolutions were made under delegation, and the minutes are presented for noting.

 

Environmental Sustainability Policy Committee

At the Environmental Sustainability Policy Committee meeting held on 4 February 2020, all resolutions were made under delegation, and the minutes are presented for noting.

Services Policy Committee

At the Services Policy Committee meeting held on 4 February 2020, all resolutions were made under delegation, and the minutes are presented for noting.

 

Attachments

1          EEDPC 4 February 2020 Minutes, 2020/115

2          IPC 4 February 2020 Minutes, 2020/125

3          SRPC 4 February 2020 Minutes, 2020/117

4          ESPC 4 February 2020 Minutes, 2020/119

5          SPC 4 February 2020 Minutes, 2020/121

 


Employment and Economic Development Policy Committee     18 February 2020

Attachment 1      EEDPC 4 February 2020 Minutes


ORANGE CITY COUNCIL

MINUTES OF THE

Employment and Economic Development Policy Committee

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

ON 4 February 2020

COMMENCING AT 7.38pm


 1      Introduction

Attendance

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

Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Financial Services, Works Manager, Communications Officer

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 20/009                                                                             Cr S Munro/Cr T Mileto

That the apologies be accepted from Cr M Previtera for the Employment and Economic Development Policy Committee of Orange City Council on 4 February 2020.

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

Against: Nil

Absent: Cr Previtera

 

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 Economic Development Community Committee held 13 November 2019

TRIM Reference:        2019/2766

RESOLVED - 20/010                                                                                Cr R Kidd/Cr S Munro

That Council acknowledge the reports presented to the Economic Development Community Committee at its meeting held on 13 November 2019 and that the minutes be adopted.

 

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

Against: Nil

Absent: Cr Previtera

 

2.2     Minutes of the Economic Development Community Committee held 11 December 2019

TRIM Reference:        2019/2797

RESOLVED - 20/011                                                                            Cr S Nugent/Cr J McRae

That That Council:

1        Acknowledge the presentations to the Economic Development Community Committee at its meeting held on 11 December 2019 and;

2        The minutes of the Economic Development Community Committee of 11 December 2019 be adopted.

 

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

Against: Nil

Absent: Cr Previtera

 


 

2.3     Minutes of the Sister Cities Community Committee held 30 October and 11 December 2019

TRIM Reference:        2019/2805

RESOLVED - 20/012                                                                               Cr R Kidd/Cr S Nugent

1        That Council acknowledge the reports presented to the Sister Cities Community Committee at its meeting held on 30 October 2019 and 11 December 2019.

2        That Council determine recommendation 4.1 from the minutes of the Sister Cities Community Committee meeting of 30 October 2019.

           4.1    Sister Cities Community Committee Action List Update

           That the action list for the Sister Cities Community Committee be updated to reflect                             the following actions :

·    That contact again be made with federal department authorities to explore funding to assist with a review of strategic planning in Mt Hagen.

·    That a report be brought to a future meeting about whether there was any existing reserve on funding being held by Orange City Council which could contribute to a review of planning in Mt Hagen.

·    That a committee be formed from staff and community members to prepare for the visit in 2020 of the Mayor of Ushiku to Orange.

·    That the option of hosting a Sister Cities promotional stall at the Harmony Day event in 2020 be explored.

·    That the option of expanding the staff exchange with Timaru by inviting local citizens to take part be explored, and through involving sporting tours.

·     That the option of livestreaming the Ushiku Cup Japanese Speaking competition be explored.

3        That Council determine recommendation 4.1 from the minutes of the Sister Cities Community Committee meeting of 30 October 2019.

           4.1    Sister Cities Community Committee Action List Update

That the action list for the Sister Cities Community Committee be reviewed and updated to include the following matters:

·    That Council staff be requested to inspect the bronze statue (donated in 1994 by Ushiku) at the theatre entrance and arrange for any required expert maintenance ahead of the visit by the Mayor of Ushiku.

·    That Council’s Parks & Gardens staff be requested to explore a proposal to renew the ‘Sister Cities Garden’ (next to the theatre in Byng St) to once again include plants which reflect Orange’s Sister Cities.

4       That the remainder of the minutes of the Sister Cities Community Committee at its meeting held on 30 October 2019 and 11 December 2019 be adopted.

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

Against: Nil

Absent: Cr Previtera

The Meeting Closed at 7.42PM.


Infrastructure Policy Committee                                                     18 February 2020

Attachment 2      IPC 4 February 2020 Minutes


ORANGE CITY COUNCIL

MINUTES OF THE

Infrastructure Policy Committee

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

ON 4 February 2020

COMMENCING AT 7.42pm


 1      Introduction

Attendance

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

Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Financial Services, Works Manager, Communications Officer

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 20/011                                                                             Cr S Munro/Cr T Mileto

That the apologies be accepted from Cr M Previtera for the Infrastructure Policy Committee of Orange City Council on 4 February 2020.

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

Against: Nil

Absent: Cr Previtera

 

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 Orange and Cabonne Road Safety Committee held on 30 October 2019

TRIM Reference:        2019/2672

RESOLVED - 20/012                                                                                 Cr R Kidd/Cr G Taylor

That Council notes the reports presented by the Orange & Cabonne Road Safety Community Committee from its meeting held on 30 October 2019.

 

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

Against: Nil

Absent: Cr Previtera


 

 

2.2     Minutes of the City of Orange Traffic Committee Meeting - 17 December 2019

TRIM Reference:        2019/2825

RESOLVED - 20/013                                                                             Cr R Turner/Cr J McRae

That Council resolves:

1        To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 17 December 2019.

2        Recommendations 3.1 to 3.7 and 3-9 to 3.12 from the minutes of the City of Orange Traffic Committee meeting of 17 December 2019 being:

3.1     That “No Stopping “ signs be installed at the intersection of Chestnut Avenue and Anson Street as per Figure 1 in the body of this report;

3.2     That the Conditional Approval for the ANZAC March on 25 April 2020 be endorsed subject to compliance with the attached conditions;

3.3     That Council monitors the traffic speed post construction of the childcare centre development in Turner Crescent;

3.4     That Council installs No Stopping signs at the intersection of Dalton and Seymour Streets as per Figure 1 of this report;

3.5     That Council installs advanced warning pedestrian crossing signs at the Moulder Street/Sale Street pedestrian crossing within the tree lane and other pedestrian crossings if non-compliant;

3.6     That the Taxi Zone outside Glenroi Public School be altered to allow Community Transport Service Providers to stop in the zone, as per attached map and sign diagram;

3.7     That Council engages with the community and Kinross Wolaroi School and runs a media campaign to curb parking in driveways in Allenby Road;

3.9     That Council approve the sign and line marking layout for the March Street and McLachlan Street roundabout as shown in Figure 1;

3.10   That Council installs No Stopping signs at the intersection of Geraldton Street and William Maker Drive as per Figure 1 of this report;

3.11   That Council installs two “Restricted Parking for Ambulance Vehicles” signs at the exit of the Ambulance station as per Figure 1;

3.12   That Council approves the Newcrest Orange Challenge event on 21 and 22 March 2020 subject to the attached conditions;

 

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

Against: Nil

Absent: Cr Previtera


 

MATTERS ARISING

Cr Taylor requested the traffic committee consider an extension of parking times on Sale and Prince Street from 1 to 2 hours given the number of elderly persons that use the area.

 

Cr Whitton requested the traffic committee consider safety issues at the intersection of March Street and Lords Place.

 

3       General Reports

3.1     Current Works

TRIM Reference:        2020/85

RESOLVED - 20/014                                                                               Cr K Duffy/Cr G Taylor

That Council resolves to note the report on Current Works.

 

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

Against: Nil

Absent: Cr Previtera

 

matters arising

Cr Duffy requested a letter be sent to the owners of the carpark near the cinema about the need to clearly mark disabled parking spots in that carpark.

 

Cr Duffy requested that staff review the adequacy of Line Marking on Old Forbes Road.

 

Cr Duffy requested a report to Council on whether Council could obtain an exemption from water restrictions for Cook Park and Robertson Park.

 

The Meeting Closed at 8.30PM


Sport and Recreation Policy Committee                                          18 February 2020

Attachment 3      SRPC 4 February 2020 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Sport and Recreation Policy Committee

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

ON 4 February 2020

COMMENCING AT 8:03pm


 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 G Taylor, Cr R Turner, Cr J Whitton

Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Financial Services, Works Manager, Communications Officer

 

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 20/015                                                                             Cr S Munro/Cr T Mileto

That the apologies be accepted from Cr M Previtera for the Sport and Recreation Policy Committee of Orange City Council on 4 February 2020.

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

Against: Nil

Absent: Cr Previtera   

 

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 – 13 November 2019

TRIM Reference:        2020/93

RESOLVED - 20/016                                                                                Cr R Kidd/Cr S Munro

1        That Council acknowledge the reports presented to the Australia Day Community Committee at its meeting held on 13 November 2019.

2        That the remainder of the minutes of the Australia Day Community Committee at its meeting held on 13 November 2019 be adopted.

 

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

Against: Nil

Absent: Cr Previtera

 

Cr Kidd expressed thanks to Cr Munro and Council staff for all the work on Australia Day and congratulated them all on the success of the day.

 

MATTER ARISING

Cr McRae requested consideration be given to the Environmental Citizen of the Year award for next Australia Day.

 

 

2.2     Minutes of the Australia Day Community Committee Meeting – 4 December 2019

TRIM Reference:        2020/94

RESOLVED - 20/017                                                                                Cr R Kidd/Cr S Munro

1       That Council acknowledge the reports presented to the Australia Day Community Committee at its meeting of 4 December 2019.

2        That the remainder of the minutes of the Australia Day Community Committee Meeting of 4 December 2019 be adopted.

 

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

Against: Nil

Absent: Cr Previtera

 

2.3     Minutes of the Australia Day Community Committee Meeting - 8 January 2020

TRIM Reference:        2020/95

RESOLVED - 20/018                                                                                Cr R Kidd/Cr S Munro

1       That Council acknowledge the reports presented to the Australia Day Community Committee at its meeting of 8 January 2020

2        That the remainder of the minutes of the Australia Day Community Committee Meeting of 8 January 2020 be adopted.

 

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

Against: Nil

Absent: Cr Previtera

 

RESOLVED - 20/019                                                                           Cr J Hamling/Cr G Taylor

Cr Hamling put a motion that a shelter at Brendon Sturgeon Oval be named after Harry Greenhalgh who lost his life in a tragic water skiing accident. Harry was a member of the Bloomfield Junior Rugby League Club.

 

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

Against: Nil

Absent: Cr Previtera

 

 

Cr Hamling congratulated the organisers of A Day on the Green that was held at Heifer Station on 1 February 2020.

 

The Meeting Closed at 8.15PM.


Environmental Sustainability Policy Committee                          18 February 2020

Attachment 4      ESPC 4 February 2020 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Environmental Sustainability Policy Committee

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

ON 4 February 2020

COMMENCING AT 8.15pm


 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 G Taylor, Cr R Turner, Cr J Whitton

Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Financial Services, Works Manager, Communications Officer

** In the absence of the Chairperson, Cr Hamling acted as chair. **

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 20/020                                                                             Cr S Munro/Cr T Mileto

That the apologies be accepted from Cr M Previtera for the Environmental Sustainability Policy Committee of Orange City Council on 4 February 2020.

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

Against: Nil

Absent: Cr Previtera

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 Companion Animals Community Committee of 2 December 2019

TRIM Reference:        2019/2718

RESOLVED - 20/021                                                                         Cr S Nugent/Cr S Romano

1        That Council acknowledge the reports presented to the Companion Animals Community Committee at its meeting held on 2 December 2019.

2        That Council determine recommendations 3.1 and 3.2 from the minutes of the Companion Animals Community Committee meeting of 2 December 2019.

          Item 3.1

          That Council provide Responsible Cat Ownership brochures to the Ploughmans   Wetlands Care Group for distribution.

          Item 3.2

          That Council progresses the naming of this new parkland area including the Off Leash Area.

3        That the remainder of the minutes of the Companion Animals Community Committee at its meeting held on 2 December 2019 be adopted.

 

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

Against: Nil

Absent: Cr Previtera

 

2.2     Minutes of the Environmental Sustainability Community Committee Meeting - 9 August 2019

TRIM Reference:        2020/96

RESOLVED - 20/022                                                                            Cr S Nugent/Cr J McRae

1        That Council acknowledge the reports presented to the Environmental Sustainability Community Committee at its meeting held on 9 August 2019.

2        That Council determine recommendations of Matters Arising from the minutes of the Environmental Sustainability Community Committee meeting of 9 August 2019 being:

MATTERS ARISING

1        Council should investigate the heating side of the airconditioning units on the Council building now that the chillers have been replaced to increase efficiency in the cooler months. The Acting General Manager (now CEO) will put Robert Alford in touch with Damian West in regards to this.

2        Committee to speak to Essential Energy regarding the street light control wire, the point where they trim trees back, and if this will change due to the Southern Lights Project.

MATTER ARISING

That Council staff follow up on the recommendation from ESCC to reduce Council’s Energy use by 20%, which was adopted by Council at the Environmental Sustainability Policy Committee Meeting, and report back to the Committee with a progress update.

3        That the remainder of the minutes of the Environmental Sustainability Community Committee at its meeting held on 9 August 2019 be adopted.

 

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

Against: Nil

Absent: Cr Previtera

 

2.3     Minutes of the Environmental Sustainability Community Committee – 18 October 2019

TRIM Reference:        2020/97

RESOLVED - 20/023                                                                               Cr S Nugent/Cr R Kidd

1        That Council acknowledge the reports presented to the Environmental Sustainability Community Committee at its meeting held on 18 October 2019.

2        That Council determine recommendations 3.3 and 3.4 from the minutes of the Environmental Sustainability Community Committee meeting of 18 October 2019 being:

Item 3.3 Particle Pollution

That Council’s Chief Executive Officer follow up regarding placing a link for the Air Quality Monitoring data on Council’s Website.

The Council’s Trainee Aboriginal Environmental Health Officer contact Public Health in regards to Orange v Bathurst particle pollution levels.

Item 3.4 Water Matters

That:

1        The verbal report presented by Council’s Water and Sewerage Strategic Manager be acknowledged.

2        The Committee request Water Update Signs, like those in Dubbo, are put in place in Orange to keep the community informed.

3        That the remainder of the minutes of the Environmental Sustainability Community Committee at its meeting held on 18 October 2019 be adopted.

 

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

Against: Nil

Absent: Cr Previtera

 

The Meeting Closed at 8.17PM.


Services Policy Committee                                                                    18 February 2020

Attachment 5      SPC 4 February 2020 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Services Policy Committee

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

ON 4 February 2020

COMMENCING AT 7.00pm


 1      Introduction

Attendance

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

Chief Executive Officer, Acting Director Corporate and Commercial Services, Acting Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services, Manager Financial Services, Works Manager, Communications Officer

 

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 20/024                                                                             Cr S Munro/Cr T Mileto

That the apologies be accepted from Cr M Previtera for the Services Policy Committee of Orange City Council on 4 February 2020.

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

Against: Nil

Absent: Cr Previtera

 

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 Ageing and Access Community Committee - 27 November 2019

TRIM Reference:        2019/2772

RESOLVED - 20/025                                                                                  Cr R Kidd/Cr K Duffy

1        That Council acknowledge the reports presented to the Ageing and Access Community Committee at its meeting held on 27 November 2019.

2        That Council determine recommendations 3.1, 3.2, 3.3 and 4.1 from the minutes of the Ageing and Access Community Committee meeting of 27 November 2019.

3.1     That the information on Council’s Road Opening Officer feature more prominently on Orange City Council’s website.

3.2     That this item (mixed business brochure) be deferred to the next meeting of the Ageing and Access Community Committee to be held on 26 February 2020.

3.3     (1) That representatives of Orange City Council meet with Orange 360 to discuss the promotion of accessible tourism in the Orange area.

          (2) That the Director Community Recreation and Cultural Services provide an update report on the development of a Mobility Map at the next meeting of the Ageing and Access Community Committee to be held on 26 February 2020.

4.1     That the Ageing and Access Community Committee Action Plan be reviewed and updated.

3        That the remainder of the minutes of the Ageing and Access Community Committee at its meeting held on 27 November 2019 be adopted.

 

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

Against: Nil

Absent: Cr Previtera

 

2.2     Minutes of the Community Safety and Crime Prevention Committee held on 11 December 2019

TRIM Reference:        2020/22

RESOLVED - 20/026                                                                              Cr J Hamling/Cr R Kidd

1        That the minutes of the Community Safety & Crime Prevention Committee held on 11 December 2019 be noted.

 

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

Against: Nil

Absent: Cr Previtera

2.3     Minutes of the Spring Hill Community Committee Meeting - 5 December 2019

TRIM Reference:        2020/29

RESOLVED - 20/027                                                                           Cr J Whitton/Cr G Taylor

1        That Council acknowledge the reports presented to the Spring Hill Community Committee at its meeting held on 5 December 2019.

2        That Council determine recommendations 3.1, 3.2, 3.3 and 4.1 from the minutes of the Spring Hill Community Committee meeting of 5 December 2019:

3.1     I)    That the presentation regarding lease of rail corridor be acknowledged

II)  That investigations take place as to the process to lease additional area with the   possibility to build on the site

3.2     I)    That the presentation regarding Spring Hill Oval be acknowledged.

II)   That Council seek grant funding to upgrade facilities including amenities at Spring Hill Oval.

3.3     I)    That the results of the traffic counters be acknowledged.

II)   That advice be sought from Police on potential enforcement of speed limits

4.1     That the Spring Hill re-charging station be located at the old fire station shed

3        That the remainder of the minutes of the Spring Hill Community Committee at its meeting held on 5 December 2019 be adopted.

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

Against: Nil

Absent: Cr Previtera

2.4     Minutes of the NAIDOC Week Community Committee - 12 December 2019

TRIM Reference:        2020/36

RESOLVED - 20/028                                                                          Cr S Nugent/Cr J Hamling

1        That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting held on 12 December 2019.

2        That Council determine recommendation 3.2 from the minutes of the NAIDOC Week Community Committee of 12 December 2019:

Item 3.2 Budget Update:

The Balance for the account currently sits at $6,210.81. There are a small number of accounts to be settled and some sponsorship funds to be received. Committee members were encouraged to start applying for grant opportunities for 2020 events.

3        That the remainder of the minutes of the NAIDOC Week Community Committee at its meeting held on 12 December 2019 be adopted.

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

Against: Nil

Absent: Cr Previtera

The Meeting Closed at 8.21PM


Council Meeting                                                                                       18 February 2020

 

 

5.2     Statement of Investments - December 2019

TRIM REFERENCE:        2020/3

AUTHOR:                       Jason Cooke, Manager Financial Services    

 

 

EXECUTIVE SUMMARY

The purpose of this report is to provide a statement of Council’s investments held as at 31 December 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 31 December 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 31 December 2019, the investments held by Council in each fund is shown below:

 

 

31/12/2019

30/11/2019

General Fund

62,239,121.77

67,478,883.14

Water Fund

55,377,121.29

54,330,971.81

Sewer Fund

49,724,553.34

48,390,022.77

 

 

 

Total Funds

167,340,796.40

170,199,877.72

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

31/12/2019

30/11/2019

General Fund

28,811,936.23

27,420,723.78

Water Fund

55,377,121.29

54,330,971.81

Sewer Fund

49,724,553.34

48,390,022.77

Auspiced

1,702,428.42

1,702,428.42

Internally Restricted

18,119,369.83

18,119,369.83

Unrestricted

13,605,387.29

20,236,361.11

Total Funds

$167,340,796.40

$170,199,877.72

 

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 31 December 2019 remained at 0.75 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.99 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 31 December 2019, the AusBond rate was 1.50 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.99 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%

44.17%

55.83%

3 - 12 Months

100.00%

31.14%

68.86%

1 - 2 Years

70.00%

10.94%

59.06%

2 - 5 Years

50.00%

13.76%

36.24%

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%

6.24%

93.76%

$10,444,952.08

0.75%

AAA

100.00%

0.00%

100.00%

N/A

N/A

AA

100.00%

37.20%

62.80%

$62,251,240.00

1.95%

A

60.00%

21.96%

38.04%

$36,750,000.00

1.85%

BBB & NR

40.00%

34.60%

5.40%

$57,894,604.32

2.14%

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                                                                                       18 February 2020

 

 

5.3     Statement of Investments - January 2020

TRIM REFERENCE:        2020/174

AUTHOR:                       Jason Cooke, Manager Financial Services    

 

 

EXECUTIVE SUMMARY

The purpose of this report is to provide a statement of Council’s investments held as at 31 January 2020.

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 31 January 2020.

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 31 January 2020, the investments held by Council in each fund is shown below:

 

 

31/01/2020

30/12/2019

General Fund

67,695,690.69

62,239,121.77

Water Fund

57,782,709.21

55,377,121.29

Sewer Fund

50,523,660.47

49,724,553.34

 

 

 

Total Funds

176,002,060.37

167,340,796.40

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

31/01/2020

30/12/2019

General Fund

27,212,444.71

28,811,936.23

Water Fund

57,782,709.21

55,377,121.29

Sewer Fund

50,523,660.47

49,724,553.34

Auspiced

1,702,428.42

1,702,428.42

Internally Restricted

16,445,964.73

18,119,369.83

Unrestricted

22,334,852.83

13,605,387.29

Total Funds

$176,002,060.37

$167,340,796.40

 

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. The increase of just over $5 million in total general fund is due to the drawdown of the $5 million loan relating to the animal shelter, southern lights project and the Wade Park cricket centre. The increase in the water fund was due to the January payment date for November 2019 water bills.

 

 

 

 

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 31 January 2020 remained at 0.75 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.94 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 31 January 2020, the AusBond rate was 1.40 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.94 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%

49.03%

50.97%

3 - 12 Months

100.00%

24.66%

75.34%

1 - 2 Years

70.00%

13.75%

56.25%

2 - 5 Years

50.00%

12.12%

37.88%

5+ Years

25.00%

0.44%

24.56%

 

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%

5.91%

94.09%

$10,396,347.28

0.75%

AAA

100.00%

0.00%

100.00%

N/A

N/A

AA

100.00%

34.23%

65.77%

$60,251,240.00

1.89%

A

60.00%

26.56%

33.44%

$46,750,000.00

1.80%

BBB & NR

40.00%

33.30%

6.70%

$58,604,473.09

2.14%

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 2019, 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                                                                                       18 February 2020

 

 

5.4     Quarterly Budget Review and Progress Report - Quarter 2 of 2019/20

RECORD NUMBER:       2020/24

AUTHOR:                       Jason Cooke, Manager Financial Services    

 

 

EXECUTIVE Summary

This report provides the second quarter review of the 2019/20 - 2022/23 Delivery/Operational Plan, as required under section 403 of the Local Government Act 1993. This report illustrates the progress Council is making on the strategies and tasks identified in its strategic planning documents.

This report also provides a summary of Council’s financial position over the quarter. The Directions (Collaborate, Live, Prosper, Preserve) financial summary tables with the attached Performance Indicators and quarterly review documents have been reviewed and updated and include projects across all three funds (General, Water and Sewer).

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “17.2 Collaborate - Ensure financial stability and support efficient ongoing operation”.

Financial Implications

The Quarterly Review has identified favourable variations totalling $3,488,132 to Council’s adopted budget. The effect of these variations results in Council’s projected year-end consolidated position becoming a surplus of $3,411,216 including capital.

Table 1 below presents Council’s projected year-end result by Direction as identified in the Community Strategic Plan and the Delivery/Operational Plan. It is important to note that all red bracketed numbers in Tables 1-3 below indicate a surplus result for Council.

 

 

Direction

Adopted Budget

Proposed Variations

Proposed Budget

Collaborate

(26,314,497)

(1,034,390)

(27,348,887)

Live

14,808,988

176,141

14,985,129

Prosper

718,796

(4,161)

714,635

Preserve

10,863,629

(2,625,722)

8,237,907

Total

76,916

(3,488,132)

(3,411,216)

Table 1: Projected year-end position by Direction

 


 

Table 2 presents Council’s projected year-end result by Fund, showing Cost to Council (which includes capital expenditure, capital income and funding).

Fund

Adopted Budget

Proposed Variations

Proposed Budget

General

118,260

(612,953)

(494,693)

Water

(40,373)

(1,027,362)

(1,067,735)

Sewer

(971)

(1,847,817)

(1,848,788)

Total

76,916

(3,488,132)

(3,411,216)

Table 2: Projected year-end position by Fund

Table 3 presents Council’s projected year-end Operating Result (before capital) by Fund.

Fund

Adopted Budget

Proposed Variations

Proposed Budget

General

1,879,800

(610,406)

1,269,394

Water

(1,033,097)

462,638

(570,459)

Sewer

(1,095,809)

18,414

(1,077,395)

Total

(249,106)

(129,354)

(378,460)

Table 3: Projected year-end operating result by Fund

 

Material changes to budget in the December quarterly review

Further information on the individual variations proposed as part of this review, which have a material effect on Council’s financial results, is detailed in Tables 4 to 9 below.

While there are a number of variations detailed in the Tables, the significant contributors to the overall net variation are the sale of Council’s shares in Southern Phone, lower than expected water revenue, and the deferral of some water and sewer projects.

Table 4: General Fund Operating Result

Adopted September quarter 19/20 general fund deficit operating result

$1,879,800

ADD

Southern Phone share proceeds and special dividend

($805,000)

 

Library grant

($46,677)

 

Funding for food services community visitors scheme

($40,572)

$987,551

LESS

Gender equity strategy

$5,000

Replace board table

$4,318

Councillor travel and professional development

$41,534

Southern lights delay and new contract electricity savings (net)

$216,444

Before and after school care materials

$12,000

Road safety log book event

$2,547

Closing general fund deficit operating result

$1,269,394

Table 5: General Fund Overall Cost to Council

Adopted September quarter 19/20 general fund overall cost to council deficit

$118,260

ADD

Movement in general fund operating result

($610,406)

 

Opex increases funded from reserves

($2,547)

Closing general fund overall cost to council surplus

($494,693)

 

Table 6: Water Fund Operating Result

Adopted September quarter 19/20 water fund surplus operating result

($1,033,097)

 

 

 

 

ADD

Electricity contract savings

($37,362)

 

LESS

Reduced expected water revenue due to restrictions

$400,000

 

Additional meter replacements

$100,000

Closing water fund surplus operating result

($570,459)

 

Table 7: Water Fund Overall Cost to Council

Adopted September quarter 19/20 water fund overall cost to council surplus

($40,373)

 

 

 

 

ADD

Gosling Creek dam upgrade deferred

($100,000)

 

 

Lower expected new water services

($30,000)

 

 

Icely Rd WTP land acquisition removed

($1,100,000)

 

 

Blackmans Stage 1 savings

($260,000)

 

LESS

Movement in water fund operating result

$462,638

Closing water fund overall cost to council surplus

($1,067,735)

 

Table 8: Sewer Fund Operating Result

Adopted September quarter 19/20 sewer fund surplus operating result

($1,095,809)

 

 

 

 

ADD

Electricity contract savings

($21,586)

 

 

Lower expected manhole replacements

($50,000)

 

LESS

s64 feasibility study

$90,000

Closing sewer fund surplus operating result

($1,077,395)

 


 

Table 9: Sewer Fund Overall Cost to Council

Adopted 19/20 sewer fund overall cost to council surplus

($971)

ADD

Deferral of STP inlet works upgrade

($1,826,231)

 

 

Reserves used to fund s64 feasibility study

($90,000)

 

 

 

 

 

LESS

Movement in sewer fund operating result

$18,414

 

Capex project funded from operating expenditure reductions

$50,000

Closing sewer fund overall cost to council surplus

($1,848,788)

 

Policy and Governance Implications

Nil

 

Recommendation

That Council resolve:

1        That the information provided in the report on the quarterly budget and performance indicators review for October to December 2019 be acknowledged.

2        The bank reconciliation statement be acknowledged.

3        To adopt unfavourable variations in the consolidated overall cost to council arising from the December 2019 quarterly review amounting to $3,488,132.

 

further considerations

The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:

 

Service Delivery

The Performance Indicators highlight progress in achieving the strategies and actions set by Council’s Delivery/Operational Plan. The “traffic light” indicators show the status of each task. A green light indicates the task is on track. An amber light suggests some delay and a red light is provided to those tasks that are unable to be achieved. All tasks have a comment that indicates progress.

SUPPORTING INFORMATION

Highlights of the Quarter

Key achievements over the quarter include:

·    The sport of Water Polo Orange was ready to make a splash at the Orange Aquatic Centre.  The latest weekly competition started on October 17.

·    On Saturday 19 October, Orange City Council, in conjunction with the Australian Local Government Women's Association (ALGWA) hosted an event encouraging women to put their hands up and run for local council in 2020.

·    The Council began work on a new concrete footpath in Peisley Street between Franklin Road and East Fork pedestrian bridge on the eastern side of the street.

·    A stunning new exhibition of police mugshots from the 1920s known as the ‘Specials’ opened at Orange Regional Museum on Thursday 31 October.  The exhibition came from beneath the surface of the Art Deco glamour, jazz and sophisticated society of the Roaring Twenties.

·    Orange residents noticed changes to lighting along Summer Street in the CBD. The former coloured festoon lights were replaced with new white LED lamps. The new white LED bulbs are 600 per cent more efficient than the former incandescent lights, and will save over 10,000 Kwh, or a yearly saving of $3,000.

·    The Council welcomed the latest signs of Orange’s steady economic growth. There were a number of high profile constructions projects including:

o New DPI building ($74 million)

o New private hospital ($50 million)

o New Quest Apartments ($10.5 million)

o Myer redevelopment

·    Orange residents were invited to join in a simple archaeological dig to shed light on a key feature of Orange’s history.  Being held as part of Orange City Council’s heritage program, the dig exposed the footings of the historic Templers Mill at Banjo Paterson Park in Ophir Road.

·    Work began on the new indoor cricket centre at Wade Park. The Council awarded the tender for the construction of the centre to Bathurst-based Hines Construction, the same firm that built the Anzac Park indoor sports centre.

·    Newcrest’s Cadia mine reduced the amount of water it uses from Orange to help the community respond to the drought. The mine took the step of reducing the eight megalitres a day of treated effluent pumped from Orange’s Sewerage Water Plant to the Cadia mine, by around two megalitres a day.

·    Orange residents took up the opportunity to learn more about how the city is responding to the drought at two Water Forums. Residents heard how Orange City Council has spent around $90 million on water infrastructure since the last drought. Events were held :

o Monday 4 November at 5.30 pm in the Civic Theatre foyer

o Thursday 7 November at 12 noon in the council chambers

·    Orange and Cabonne Councils reached an agreement to send water from Orange’s reserves to help Molong through the drought as an emergency measure should it be needed. With Molong’s main storage dam, Molong Creek Dam, down to 37 per cent of capacity, the agreement would enable water to be transferred if the level of Molong Creek Dam falls to a critical level.

·    Travellers to the Orange airport now have access to a permanent fleet of share cars. The service is a first-of-its-kind for regional Australia and will permit anyone arriving at Orange Airport access a vehicle for as little as one hour.

·    Shoppers from Bathurst are spending more in Orange than vice versa, according to data to be outlined at an Orange City Council’s Business Forum.  The figures for the last financial year showed Orange residents spent $20.6 million in Bathurst/Kelso/Raglan.  But, Bathurst residents spent $29.08 million in Orange in the same period - over $8.5 million or 41 per cent more.


 

·    Orange Mayor Reg Kidd welcomed the announcement by the NSW Water Minister Melinda Pavey of $5 million for two water security projects. The funding will go towards a $2.5 million expansion of Orange’s stormwater harvesting scheme, and the $2.5 million construction of a new 5 km pipeline from the Spring Creek dam to the Orange Water Treatment Plant.

·    The Orange Regional Museum won a state-wide award for its latest exhibition. The museum won an ‘IMAGinE’ award for All in a Day's Work, a joint initiative of the Museum and the Orange & District Historical Society drawing on the Society’s collection of photographic negatives from the Central Western Daily.

·    Orange City Council awarded the tender to construct the new $5 million roundabout at the corner of William Maker Drive and the northern distributor. The Council awarded the tender to local firm Hamcon Civil Pty Ltd for $4.874 million.

·    New research that sheds light on Orange’s future needs for more affordable housing was outlined at a council-organised Housing summit. The research, compiled by Orange consultants Premise, shows the proportion of Orange residents who are currently feeling ‘housing stress’ and how that number is expected to grow in future.

·    Orange City Council has ordered a number of new inflatables for the pool at the Aquatic Centre for community members, family, friends and all pool users to enjoy as the weather warms up.

·    Orange City Council wrote to residents in the neighbourhood of a new $650,000 roundabout at the corner of McLachlan and March Streets to provide the timetable of when work will begin in the new year.

 

Other Expenses

The format of the attached financial reports and the financial statements is prescribed.   Council has requested details of the “Other Expenses” element in the statements given the high value of this item. The additional information is provided in Table 10 below. The main change relates to a net increase in expected electricity charges due to delays in the commencement of the Southern Lights project, meaning savings will not be realised until the next financial year, offset by savings in the new retail electricity contracts that commenced on 1 January 2020. The increase in the ‘other’ category relates to minor increases in Councillor expenses relating to travel and professional development so that budgets are aligned to the latest version of the Councillor expense payment policy.

Table 10: Details of other expenses

 

Review of Income

Figure 1 below provides a snapshot of the split of Council’s income against budget.

Figure 1: Details of Council’s income as a percentage of annual budget as at 30 September (25% through the financial year)

Income streams such as User Charges and Fees and Other Revenues are currently on track as generally their rate of receipt is consistent throughout the year.

As Council’s annual rates are levied in July of each year, this income is almost fully recognised in the first quarter.

Other income streams are subject to external influences including interest rates, occurrences of development, or the success of grant applications and as such, it is difficult to ascertain their current performance. These income streams are routinely reviewed, and adjusted as appropriate, at each quarterly review.

On the assumption that all income is received at a constant consistent rate over the year, by the end of the December quarter 50 per cent should have been received. However, given the recognition of almost all rates and annual charges in the first quarter, approximately 65 per cent of revenue should have been received.  The “all income” bar of Figure 1 shows progress is tracking below this expected figure due mainly to a number of capital grants and contributions yet to be received.

Rates and Charges Collection

For the second quarter, a total of $5.07 million (13.35 per cent) remains outstanding for rates and annual charges. For the purposes of comparison, for the same quarter last financial year 14.95 per cent of the amount payable remained outstanding.

Figure 2: Outstanding rates Q2 2019/20 vs Q2 2018/19

 

Review of Expenditure

Figure 3 provides a snapshot of the progress of Council’s expenditure.

Figure 3: Details of Council’s expenditure as a percentage of annual budget

 

In general, Council’s routine operational expenses should be incurred at a consistent rate. These include expense groupings such as Employee Costs, Materials and Contracts, Plant Expenses, Depreciation and Other Expenses. As presented in Figure 3 above, most of these expense groups are slightly below budget.

Council rates for Council-owned properties are paid in full at the start of the year, however these are a minor component of overall expenses.

On the assumption that all expenses are incurred at a constant consistent rate over the year, by the end of the December quarter 50 per cent should have been paid out. The “all expenditure” bar of Figure 3 shows performance is exceeding this expected figure.

 

Financial Performance Indicators

Figures 4 to 6 below represent financial performance against local government industry indicators from the annual financial statements. The charts compare annualised actual performance from 2018/19 against the original 2019/20 budget, the Q1 revised 2019/20 budget and the proposed revised Q2 2019/20 budget.

Figure 4: Operating performance ratio

The purpose of the operating performance ratio is to measure the extent to which Council succeeds in containing operating expenditure within operating revenue (excluding capital grants and contributions). The formula is as follows:

(Total continuing operations revenue excluding capital grants and contributions minus operating expenses) divided by (Total continuing operations revenue excluding capital grants and contributions)

 

Reporting this ratio needs a full year’s data in order to be fully comparable. However, the performance to date indicates Council is tracking just in advance of the benchmark but below the 2019/20 original budget due mainly to planned expenditure on the southern lights project. 2018/19 was another exceptional year in terms of performance due to actual operating revenues coming in above budget and actual operating expenditure being below budget.  

 

Figure 5: Own source operating revenue ratio

The purpose of the own source operating revenue ratio is to measure fiscal flexibility by analysing the degree of reliance on external funding sources. The formula is as follows:

(Total continuing operations revenue minus all grants and contributions) divided by

(Total continuing operations revenue inclusive of all grants and contributions)

 

The performance to date indicates Council is tracking just below the benchmark, with an increased level of funding coming from capital grants and contributions for significant projects in 2019/20 when compared to 2018/19.

 

Figure 6: debt service cover ratio

 

The purpose of the debt service cover ratio is to measure the availability of operating cash to service debt including interest, principal and lease payments. The formula is as follows:

(Operating results before capital excluding interest and depreciation) divided by

(Principal repayments from the cashflow statement plus borrowing costs from the income statement)

 

The performance to date indicates Council is tracking in advance of the benchmark but below the original 2019/20 budget due to a lower forecast operating result and higher loan repayments and borrowing costs. The budgeted performance is below the 2018/19 ratio due to the exceptional operating result achieved in 2018/19 combined with lower loan repayments and interest than is forecast for 2019/20.

In addition to the information presented in the report, the latest bank reconciliation report is attached for Council’s information.

Report by Responsible Accounting Officer

The following statement is made in accordance with Clause 203(2) of the Local Government (General) Regulation 2005:

 

As the Responsible Accounting Officer, it is my opinion that the Quarterly Budget Review Statement for Orange City Council for the quarter ended 30 September 2019 indicates that Council’s projected financial position for 30 June 2020 will be satisfactory having regard to the project estimates of income and expenditure, and variations contained therein.

 

Jason Cooke, Responsible Accounting Officer

 

Attachments

1          Progress Report - 2018/21 Delivery Program (Year 2) - Operational Plan 2019/20 - Quarter 2 (October 2019 to December 2019), D20/3387

2          December 2020 Quarterly Review, D20/7199

3          December 2020 Major Works Table, D20/7198

4          December 2019 Quarterly Bank Reconciliation, D20/7098

 


Council Meeting                                                                                                                 18 February 2020

Attachment 1      Progress Report - 2018/21 Delivery Program (Year 2) - Operational Plan 2019/20 - Quarter 2 (October 2019 to December 2019)

 

 

 

Progress Report

2018/21 Delivery Program (Year 2)

2019/20 Operational Plan Projects/Services

 

Quarter 2 - October 2019 to December 2019

D20/3387


Introduction

The purpose of the quarterly reports is to give Council confidence that projects and deliverables are being progressed by staff in accordance with community expectations.  Each quarter represents 25% of the year, and it is expected that projects have progressed by that increment for each quarter (e.g. 1st quarter 25%; 2nd quarter 50%; 3rd quarter 75%; 4th quarter 100%).  The traffic lights provide Council and the community with a report on the progress of initiatives against the expected outcomes for the relevant quarter that is being reported (e.g. whether a project has progressed 50% or more in the second quarter).

A Guide to the Traffic Lights is set out below:

Green =

Project has progressed 50% or more AND it is expected to meet deliverables.

Project has only recently started or is yet to start, AND it is expected to meet deliverables.

Project not yet commenced and not due to start in this financial year.

Orange =

Project is dependent on a condition or requirement being met (e.g. making a grant application) and that condition (applying for grant) has been met by staff, BUT the outcome does not allow project to proceed or deliverables to be met (e.g. funding application declined).

Red =

 

Project unlikely to meet deliverables (timeframes, outcome)

Project not commenced and is to be cancelled or deferred to subsequent year.

 


1: Live - a healthy, safe, inclusive and vibrant community

1: A liveable city that is connected through open spaces

 

Implement Council's sports facility program (minor grants)Funding for Council's 2019/2010 Sports Facility Partnership Program has been allocated as follows: Orange Mountain Bike Club - Construction of club house and storage facility at the Lake Canobolas Mountain Bike Park - $15,000 Bloomfield Junior Rugby League Club - Construction of covered spectator area and installation of additional seating at Brendon Sturgeon Oval - $15,000 Orange City Rugby Club - Upgrade to male toilets at Pride Park - $6,000 Orange Hockey Inc - Construction of block wall behind the goals on second turf field at the Orange Hockey Centre - $6,000 Orange Triathlon Club - Installation of permanent signage along the Airport Cycle Loop that can be updated when cycling events are taking place

1.1: Engage with the community to ensure recreation opportunities and facilities meet changing needs

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

1.1.1

Engage with the community in the planning and development of public open space

New playground installed in reserve on Stirling Avenue. Quotations currently being obtained for upgrading swings in Cook Park and for a replacement playground in Margaret Stevenson Park.

Through the Parks, Trees and Waterways Community Committee and other community workshops engage in the development of public open space

A review is proposed of the City Entrance signage and locations.

n

Cook Park Master Plan reviewed biannually

Not due this year.

n

 

Botanic Gardens Master Plan reviewed biannually

Not due this year.

n

 

1.1.2

Work and consult with existing and emerging groups to enhance and develop sporting and recreational infrastructure and activities

A number of meetings have been held with representatives through the Sport and Recreation Community Committee.

Implement Council's sports facility program (minor grants)

Funding for Council's 2019/2010 Sports Facility Partnership Program has been allocated as follows:

·  Orange Mountain Bike Club - Construction of club house and storage facility at the Lake Canobolas Mountain Bike Park - $15,000

·  Bloomfield Junior Rugby League Club - Construction of covered spectator area and installation of additional seating at Brendon Sturgeon Oval - $15,000

·  Orange City Rugby Club - Upgrade to male toilets at Pride Park - $6,000

·  Orange Hockey Inc - Construction of block wall behind the goals on second turf field at the Orange Hockey Centre - $6,000

·  Orange Triathlon Club - Installation of permanent signage along the Airport Cycle Loop that can be updated when cycling events are taking place - $8,000

n

 

Finalise plans of management for community landprogrammed to commence second half of 2020

1.2: Maintain and renew recreational spaces and infrastructure to encourage an active and healthy lifestyle

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

1.2.1

Implement maintenance programs/activities to ensure park's infrastructure (seats, signs, fences, pathways and playgrounds) is maintained to service levels as outlined in the Public Open Space Asset Management Plan

Monthly playground inspections are being conducted. Work commenced on the draining of the Cook Park duck pond in preparation for cleaning. Koi Carp where caught and transferred from the site with NSW Fisheries approval.

Engage playground consultant to undertake safety audit for compliance with Australian Standards every three years

Completed.

n

Undertake playground inspection for each playground each month

Monthly playground inspections undertaken.

n

 

Re-oil the Orange Adventure Playground by June every two years

Not due this reporting year.

n

 

1.2.2

Implement the Open Space Strategy

No further action in Quarter 2; programmed for request for quotation for suitably qualified consultants to be engaged to develop new plans of management to be released in the third quarter period.

Finalise plans of management for community land

Programmed to commence second half of 2020.

n

1.2.3

Deliver shared cycleway construction program as identified in the Active Travel Plan and in accord with the adopted budget

No funding awarded to Orange City Council under the Transport for NSW, Active Transport programmes.

Comply with grant conditions and monthly reporting requirements to grant-funding bodies

No funding received.

n

Grant-funded cycleway construction program completed within allocated budget

No funding received.

n

 


2: A healthy and active community that is supported by sport and recreational infrastructure

 

2.1: Identify and delivery sport and recreation facilities to service the community into the future

Ref

Action

Action Comment

Project/Service

Comment

Status

2.1.1

Implement the renewal and enhancement of recreational assets

During the reporting period, the upgrading of the pedestrian bridge over Blackmans Swamp Creek, in Moulder Park near the intersection of Lamrock and Clinton Street, was undertaken. A new bridge was installed in keeping with the design and materials used for recently-upgraded bridges in National Avenue near the Aquatic Centre and the Orange City Bowling Club.

New LED training lights have been installed on both sides of the playing field at Brendon Sturgeon Oval, replacing the standard floodlights which were previously only on the western side of the ground..

Wade Park - undertake subsoil drainage at western quarter of field

Not budgeted.

n

Install hard surface in machinery area of greenkeeper's compound at Sir Jack Brabham Park

Completed.

n

Upgrade play facilities

Completed.

n

Install playground at Sir Jack Brabham Park

Completed.

n

Install training lights at Rosewood Oval

Completed.

n

Construct projects in Moulder Park master plan

Due in Year 3.

n

Replace timber bridges in Moulder Park

Completed in December 2019.

n

Install Koori Walk at Orange Botanic Gardens

Due in Year 3.

n

Develop camping facilities at Lake Canobolas and Mt Canobolas precinct

Not budgeted.

n

 


 

 

2.2: Ensure the sporting and recreational facilities, programs and activities are accessible and affordable to support healthy lifestyle choices

Ref

Action

Action Comment

Project/Service

Comment

Status

2.2.1

Operate the Orange Aquatic Centre

Council continues to work in line with the NSW Health Guidelines and the Royal Life Saving Society to ensure satisfactory results in all audits and Council continues to maintain adequate rates in learn-to-swim classes, delivers the Aquatic Centre Capital Works Programs and ensures facilities, programs and activities are accessible and affordable.

Ensure the Orange Aquatic Centre complies with Royal Life Saving Society and NSW Health guidelines through satisfactory results in all audits

Council continues to operate in accordance with the Royal Life Saving Society and NSW Health Guidelines to ensure appropriate results in relevant audits.

n

Maintain 90% occupancy rate for all learn-to-swim classes

Council continues to provide learn-to swim classes on a regular basis. Term 3 learn-to-swim overall occupancy was 98%.

n

Deliver the Orange Aquatic Centre capital works program

This program is due in Year 2 (2020/21)

n

 

Maintain and implement the Disability Inclusion PlanDIAP report submitted to NSW Minister for Disability

Sir Jack Brabham Park Sports Centre Stage 1 to beginTenders closed and awarded to Renascent.  Works commenced and due for completion March 2020.

Develop Cricket Centre of Excellence at Wade ParkTender was awarded to Hines Construction.  Demolition commenced January 2020.  Completion due October 2020.

Develop the Mt Canobolas precinct for mountain-bike activitiesThe Plan of Management has been approved by the Minister. The Mountain Bike Trail approval pathway is being undertaken. A meeting with National Parks and Wildlife is to take place in January 2020 to further progress project.

Upgrade facilities and report on progress for the Lake Canobolas Scout CampThe re-design of the electrical supply was unforeseen but necessary. This has caused a slight delay in the development and lodgement of a DA as the total power capacity must be analysed prior to design.

Provide for three events annuallyCouncil has provided a letter of support to Football NSW's application for funding under the State Governments Mental Health Sports Fund. If successful the funding would be used to implement a football focused mental health initiative in Orange with an A-League pre-season fixture as the focal point of the initiative.

2.3: Partner with community groups and government agencies to provide recreational activities and programs that are inclusive and meet the needs of the community

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

2.3.1

Maintain and implement the Disability Inclusion Action Plan 2017/21

All Council Divisions are aware of the Action Plan and accordingly include consideration of access and inclusion in their planning and delivery.

Maintain and implement the Disability Inclusion Plan

DIAP report submitted to NSW Minister for Disability.

n

2.3.2

Increase and improve public open space accessibility and facilities for a broad range of members of the community

Council continues to work with sporting groups to improve public open space and accessibility. Work is progressing on Sir Jack Brabham Park Sports Centre Stage, with the tender being awarded to Renascent.

Sir Jack Brabham Park Sports Centre Stage 1 to begin

Tenders closed and the tender was awarded to Renascent. Works commenced and are due for completion March 2020.

n

2.3.3

Increase use and functionality of the Orange Showground

Orange Showground is used primarily for the annual show, farmers 'markets, animal obedience training, leash-free area, annual rodeo and car boot/swap meet events.

Develop and implement a plan for the improvement and increased use of the Orange Showground

An operation plan is be developed for the use of Naylor Pavilion. This will include indoor archery. A plan for broader promotion of this facility is also being developed.  Grant application submitted for the construction of kiosk and amenities at Naylor Pavilion which would increase ability to increase usage and attract larger events to the Orange Showground.

n

Upgrades to the toilet facilities, Dalton Pavilion and arena fencing completed at the Orange Showground

Upgrades to the toilet facilities, Dalton Pavilion completed.  Area fencing upgrade subject to grant funding.

Grant application also submitted for construction of amenities and kiosk facilities at Naylor Pavilion. 

n

 

2.3.4

Work with existing and emerging groups to enhance and develop sporting and recreational infrastructure and activities

This project is progressing. The tender has been awarded and works have commenced.

Develop Cricket Centre of Excellence at Wade Park

The tender was awarded to Hines Construction. Demolition commenced in January 2020. Completion is due in October 2020.

n

2.3.5

Develop recreational facilities at the Mt Canobolas precinct

The Minister's approval has been granted for the Plan of Management. Council is liaising with NPWS to clarify steps required for project to progress.

Council is awaiting outcome of RGETF grant application to commence environmental study and detailed design.

Develop the Mt Canobolas precinct for mountain-bike activities

The Plan of Management has been approved by the Minister. The Mountain Bike Trail approval pathway is being undertaken. A meeting with National Parks and Wildlife is to take place in January 2020 to further progress this project.

n

2.3.6

Upgrade recreational and accommodation facilities at the Lake Canobolas Scout Camp

Some unexpected delays were encountered with power-supply issues but the project will catch up again over the next six months.

Upgrade facilities and report on progress for the Lake Canobolas Scout Camp

The re-design of the electrical supply was unforeseen but necessary. This has caused a slight delay in the development and lodgement of a DA as the total power capacity must be analysed prior to design.

n

2.3.7

Support and work with community organisations and agencies to develop and operate programs that have a positive impact on community health

Council has supported a State sporting organisation's submission for government funding that could see a sport-focused mental health initiative delivered in Orange in 2020.

Provide for three events annually

Council has provided a letter of support to Football NSW's application for funding under the State Government's Mental Health Sports Fund. If successful, the funding would be used to implement a football-focused mental health initiative in Orange, with an A-League pre-season fixture as the focal point of the initiative.

n


3: A friendly environment where people feel safe and included

 

Compile and submit six-monthly reports to the Attorney General on the implementation of the ActNot in use

Deliver the Road Safety Officer action planAction Plan on target for 2nd quarter.

3.1: Support projects and programs that address crime and safety and contribute to an increased sense of safety in our homes and in the wider community

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

3.1.1

Engage the community in addressing crime

Community Safety Survey conducted and reported to Community Safety and Crime Prevention Committee. An update of the Community Safety Audit commenced.

Participate in the Orange Liquor Accord

The Director attends the Liquor Accord.

n

Promote the Operation Never Again program

Operation Never Again promotion was provided by Prime during summer months.

n

 

Participate in the relevant crime-prevention networks

Community Safety and Crime Prevention Committee meetings were attended.

n

 

3.1.2

Evaluate the implementation of the Children (Protection and Parental Responsibility) Act 1997 using collected data and community-perception surveys

Waiting on response from Attorney General's Office.

Compile and submit six-monthly reports to the Attorney General on the implementation of the Act

Not in use.

n

3.1.3

Conduct the Orange and Cabonne Road Safety Program

·  Summer holiday period drink driving campaigns conducted.

·  Leave the Car at Home Make a Taxi Your Plan B.

·  300 vouchers provided to local Orange businesses.

·  Win A Swag conducted in Cabonne.

·  Free Cuppa campaign in planning stage.

·  Development of new Action Plan for period from 1 July in planning stages.

Deliver the Road Safety Officer action plan

Action Plan on target for second quarter.

n

 

 

 

Work with stakeholders to identify opportunities to enhance safetyCouncil works closely with stakeholders through the Community Safety & Crime Prevention Committee to identify and develop opportunities to improve community safety. The members of the Community Safety & Crime Prevention Committee are from a broad, cross-section of Government and business agencies to ensure maximum stakeholder representation is present.

3.2: Partner with key stakeholders to deliver infrastructure and activities that improve the safety and security of the community

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

3.2.1

Support the Community Safety and Community Crime Prevention Committee

Council supports the Community Safety and Community Crime Prevention Committee. The meetings of the Community Safety and Crime Prevention Committee are held quarterly and reported to Council after each meeting.

Council is awaiting renewal of the Parental Responsibility Act from the Governor General.

Work with stakeholders to identify opportunities to enhance safety

Council works closely with stakeholders through the Community Safety and Crime Prevention Committee to identify and develop opportunities to improve community safety. The members of the Community Safety and Crime Prevention Committee are from a broad, cross-section of Government and business agencies to ensure maximum stakeholder representation is present.

n


4: A creative community participating in arts and cultural activities

 

Ensure exhibition and programs and promoted through print and other media, advertising is placed and promotional elements such as brochures and signage are producedThe Gallery continues to submit regular articles in Central West Daily and occasionally in arts media. We have steady growth in social-media engagement and this is now our main means of communicating with our audiences.

4.1: Engage with the community to ensure creative and cultural facilities and services meet changing needs

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

4.1.1

Engage the community in the development of the Region Art Gallery's programs

The community is being engaged in discussions around our exhibition program and a meeting of exhibitions appraisal committee will be held in the second quarter. We are working with teachers, artists and curators in the development of these programs.

Meet biannually with the advisory group to assess external exhibition proposals

The exhibition program for the next four years is being developed. This will be presented to a newly established committee in the second quarter.

n

Seek input from teachers in the development of the education program on an ongoing basis

Seeking this input is an ongoing task when opportunities arise.

n

 

Provide opportunities for individuals and community groups to propose exhibitions and associated programs through application on the Gallery's website, with applications assessed biannually

The Gallery has received a number of applications, which will be assessed in the second quarter.

n

 

4.1.2

Profile the Gallery and engage the community in its programs through media coverage, advertising and promotional elements

Gallery regularly promoted in local and national press, advertising regularly in Art media such as Artist Profile Magazine and also extensively via digital platforms.

Ensure exhibition and programs and promoted through print and other media, advertising is placed and promotional elements such as brochures and signage are produced

The Gallery continues to submit regular articles in Central Western Daily and occasionally in arts media. We have steady growth in social-media engagement and this is now our main means of communicating with our audiences.

n

4.1.3

Engage the community in the development of programs for the Orange Regional Museum

ORM held highly successful collaborative exhibition with O&DHS  "All in a Day's Work" and ran a highly popular series of education and public engagement programs alongside.

Engage with the community to create opportunities to contribute to the content and programs of the Museum

The Museum continued to run "All in a Day's Work", a partnership exhibition with Orange and District Historical Society. This was a full collaboration and was highly successful as a community exhibition.

n

Develop innovative learning and education resources to assist teachers and students to engage in the Museum's programs and activities

Regular education and communication events were held in this quarter relating to "All in a Day's Work".

n

 

 

Develop project plan for approved project implemented according to budget and timeframesWork commenced on the project plan. We will meet project time frames and budget requirements.

Continue to work with the Aboriginal community on the implementation of the Aboriginal heritage strategyCouncil staff liaising with the Local Aboriginal Lands Council on identifying significant Aboriginal Places.

Ensure that actions are implemented in accord with the respective service-level agreementsAll actions in the Service Level Agreements between individual CWL member councils and Orange City Council for this quarter have been met.

4.2: Partner with key stakeholders to deliver cultural facilities and services that reflect the interests of a culturally-diverse community

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

4.2.1

Link visual arts with other organisations via partnerships and other innovative shared events

Orange Regional Gallery continues its partnership with Orange Health Service for the Arts and Health Program, has presented MGNSW exhibitions and is developing a number of partnership exhibitions with external organisations for the next three years.

Identify and pursue additional funding for this purpose

Orange Regional Gallery (ORG) continues its partnership with Orange Health Service for the Arts and Health Program. ORG partnered with the ANU Drill Hall Gallery to create a survey exhibition, Ildiko Kovacs: The DNA of Colour.

n

Collaborate with other organisations to produce two events each year

ORG presented two partnership exhibitions with Museums and Galleries NSW: David Griggs and Arlo Mountford. Future partnership exhibitions in planning stage.

n

 

Participate in regional festivals with a minimum of two each year

There were no festivals over this period to report. ORG tends to coincide with FOOD Week and Wine Week.

n

 

4.2.2

Foster community participation in the Gallery through education and public engagement

Education and public engagement programs continue, with good attendance for all programs. Adults, children and the elderly are catered for. We are focusing on young people (particularly teenagers) in the future.

Develop educational opportunities for children and adults at the Gallery throughout the year

ORG regularly holds workshops in our newly refurbished East and West Rooms. Activities include school holiday workshops, specific exhibition tours, life drawing for adults, etc. Art and dementia groups continued.

n

Produce at least one public program each year in partnership with the Friends of the Orange Regional Gallery

Planning is under way with the Friends of the Regional Gallery (FORG) for the Alan Sisley Orantion, held each year in April/May.

n

 

Identify and develop opportunities for creative expression and art-marking at the Gallery through art workshops and family activities

Arlo Mountfor presented an animation workshop in 2019. Additional workshops being developed.

n

 

4.2.3

Development of options for new Planetarium and Conservatorium

Architectural plans are being refined. In principal, partial funding has been received ($10M). Council is preparing a formal submission to the Australian Government for approval of the project. The Orange Regional Conservatorium and the Planetarium Committee meet regularly to discuss development of this project.

Develop project plan for approved project implemented according to budget and timeframes

Work commenced on the project plan. We will meet project time frames and budget requirements.

n

4.2.4

Develop a Regional Museum program for Orange

Council is working with regional groups to continue to develop these programs and to deliver services.

Continue to implement the Sustainable Collections project in partnership with regional museums, cultural groups and participating councils

Council is working with regional groups to continue to develop these programs and delivery of services.

n

Continue the documentation of digital engagement of Regional Museum collections as part of the Sustainable Collections program

Work is progressing on digitisation. This project is due for completion in 2020.

n

 

4.2.5

Implement the Aboriginal Heritage Strategy

Significant Aboriginal places in the region to be included in Aboriginal Heritage Trail.

Continue to work with the Aboriginal community on the implementation of the Aboriginal heritage strategy

Council staff are liaising with the Local Aboriginal Lands Council on identifying significant Aboriginal Places.

n

4.2.6

Deliver services to Central West participating councils in accord with the service-level agreements

All actions in the Service Level Agreements between individual CWL participating councils and Orange City Council for this quarter have been met. The Central West Libraries Annual Report for 2018-2019 was completed and distributed to all councils. Staff from all service points participated in strategic planning workshop.

Ensure that actions are implemented in accord with the respective service-level agreements

All actions in the Service Level Agreements between individual CWL member councils and Orange City Council for this quarter have been met.

n

 

 

 

Ensure sound, lighting and staging maintenance is implemented in accord with asset managementCapital works undertaken in Q1 include purchase of new fly bars, updating curtain tracking and purchase/ installation of new LED follow spots.

Continue to make digitised and digital content available through the Spydus Library Management System and other online platformsAudit of the Library's local studies collection commenced in preparation for the implementation of the Recollect software which will increase access to these resources.

Staff attended oral history workshops to facilitate this program and support volunteers.

Investigate energy-efficient divides for Gallery lightingThe new extension is to be supplemented with natural lighting.

Plan and implement program of exhibitions in accord with the exhibition timetables and budgetsGallery staff continued to work diligently to deliver the Gallery's Exhibition, Education and Public programs.

4.3: Maintain and renew cultural facilities and programs

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

4.3.1

Implement the Orange Civic Theatre and Orange Function Centre strategic plan

Orange Civic Theatre aims to develop, maintain and promote performing arts, partnerships and activities that maximise presentation opportunities and outcomes.

Operate the Theatre and Function Centre in accordance with the strategic plan

Operational schedules and events schedules in line with strategic plan.

n

Actions implemented in accordance with the programming plan

Ensuring that the Orange community is actively engaged in performing arts experiences facilitated by OCT - Quarter 2 has seen 11,179 people engaged in a theatre experience at the OCT.

n

 

Actions implemented in accordance with the marketing plans

The 2020 brand and subscription season presented on time.

n

 

4.3.2

Ensure Orange Civic Theatre is a well-equipped and facilitated community resource able to accept and develop touring performing arts product

Maintenance program in place ensuring the facility and equipment within are maintained at highest possible efficiency.

Ensure sound, lighting and staging maintenance is implemented in accord with asset management

Capital works were undertaken in the quarter include purchase of new fly bars, updating curtain tracking and purchase/ installation of new LED follow spots.

n

4.3.3

Deliver the Orange Library Service

·  Events Calendar for 2020 was prepared.

·  Early childhood literacy programs offered each week during term time:

·  Ten Minutes a Day (0-1) weekly

·  1-2 Books (1-2 year olds) weekly

·  Music for Little ears (2-5 year olds) 2 weekly

·  Storytime (3-5 year olds) 4 x weekly. Average 140 participants each week.

·  Special end of year Picnic Storytime offered to preschoolers and their carers.

·  Lego club and Code Club offered weekly during term time.

·  STEAM activities included in October school holiday program aimed at 7-14 age group.

Develop a calendar of events and activities by January each year

The Events Calendar is used as the basis for event planning. Calendar for 2020 finalised during this reporting period.

n

Provide early childhood literacy programs that meet guidelines, standards and outcome measures for Australian Public Libraries

Early childhood literacy programs offered each week during term time:

Ten Minutes a Day (0-1) weekly

1-2 Books (1-2 year olds) weekly

Music for Little ears (2-5 year olds) 2 weekly

Storytime (3-5 year olds) 4 x weekly. Average 140 participants each week.

n

 

Consolidate STEAM (Science, Technology, Engineering, Arts and Mathematics) programs in the library for children and for young people

·  Lego club and Code Club offered weekly during term time.

·  STEAM activities included in October school holiday program.

n

 

Explore outreach options for the delivery of library services

No activity on this during the quarter

n

 

4.3.4

Make the Library's heritage collections available online

Audit of the Library's local studies collection commenced in preparation for the implementation of the Recollect software, which will increase access to these resources.

Staff attended oral history workshops at the State Library of NSW to facilitate the collection and sharing of stories online and support volunteers.

Continue to make digitised and digital content available through the Spydus Library Management System and other online platforms

Audit of the Library's local studies collection commenced in preparation for the implementation of the Recollect software which will increase access to these resources.

Staff attended oral history workshops to facilitate this program and support volunteers.

n

4.3.5

Improve the visitor experience through increased functionality of galleries and associated public spaces

The Gallery extension plans DA has been submitted.

Upgrade furniture in East and West Rooms and Gallery spaces

This upgrade has been completed.

n

Make the Gallery's permanent collection available online

This new website is being launched on 13 December 2019.

n

 

4.3.6

Reduce the carbon footprint of the Gallery

The new extension is to be supplemented with natural lighting as part of the architectural design.

Investigate energy-efficient divides for Gallery lighting

The new extension is to be supplemented with natural lighting.

n

4.3.7

Manage and preserve the Gallery's permanent collection in line with industry standards

The Gallery is working towards the commencement of the extension to the north with Architect Marshall, with the primary purpose of caring for and presenting the permanent collection and attracting more donations as a result.

Add all permanent collection items to Vernon system and maintain up-to-date records

This ongoing task is progressing well.

n

Maintain up-to-date records to reflect acquisitions and disposals and new information located about the works held in the collection

New acquisitions are being processed via Cultural Gifts Program.

n

 

Photograph all collection items and seek copyright permissions

This is an ongoing and copyright permissions are always sought.

n

 

Collection to be independently and professionally valued every five years

Arrangements are being made.

n

 

Enhance and enrich the collection through purchases, donations and commissions

New acquisitions are being processed via Cultural Gifts Program. New gifts received and the FORG have approved purchase of a new Hendrik Kolenberg painting.

n

 

Seek industry-standard storage solutions for all artworks regarding temperature, humidity and security requirements

The Gallery is working towards the commencement of the extension to the north with Architect Marshall, with the primary purpose of caring for and presenting the permanent collection and attracting more donations as a result.

n

 

4.3.8

Deliver the Orange Regional Gallery Exhibition, Education and Public programs

Gallery staff continued to work diligently to deliver the Gallery's Exhibition, Education and Public programs.

Plan and implement program of exhibitions in accord with the exhibition timetables and budgets

Gallery staff continued to work diligently to deliver the Gallery's Exhibition, Education and Public programs.

n

4.3.9

Deliver the Civic Theatre Annual Performing Arts Program

The Orange Civic Theatre is a highly valued community asset providing a diverse range of programming and services that contributes to the well being of the City of Orange.

The theatre offers an annual program of a professional theatre subscription season community and commercial hiring program and children’s workshops. The programming and hiring of the facilities are supported by a professional team of staff and the services including a Ticketek agency.

Develop and implement an annual subscription season and performing arts program across a diverse range of genres

2020 Theatre Season launched on Tuesday, 12 November 2019. The season provides enthusiasts the opportunity to see a selection of varied work from 28 shows on offer including drama, circus, dance, musicals, Children's opera, orchestra and jazz.

n

Present a dedicated annual children's program for primary and secondary students

The 2020 season has seven productions, which are specifically programmed for children, youth and their families.

n

 

Provide support and assistance to schools and the Orange Eisteddfod Society to present well-managed programs

Providing support and mentoring service for all schools and the Eisteddfod through ticketing, sound and lighting, and professional services - assisting local groups in achieving to most out of each and every performance.

n

 

Develop and facilitate a school holiday acting/drama program

The school holiday drama program is scheduled for the April school holidays and will be presented in conjunction with Shake & Stir Theatre Company.

n

 

Develop an annual satisfaction survey of patrons and hirers

The survey was delivered in Quarter 1. The results being reviewed.

n

 

4.3.10

Manage the Museum collection to museum industry standards

Mike Allen in the temp role of Collections Officer has been working with the Acting Museum Manager Allison Campbell on documenting the collection and processing new acquisitions.

Continue the migration of database records to new "Vernon" content management system and provide online access to collections

This ongoing task progressed during this quarter.

n

Ensure collections at Wentworth Mine, Lake Canobolas pump house and cool stores are documented and provide online access to these collections

This ongoing task progressed during this quarter.

n

 

Maintain up-to-date records to reflect acquisitions, disposals and new information about the works held in the collection

This ongoing task progressed during this quarter.

n

 

Identify and pursue funding opportunities for improvements to collection storage facilities

This ongoing task progresses when opportunities open.

n

 

Seek funding to install humidity-climate system to ensure Museum meets industry standards

This ongoing task progresses when opportunities open.

n

 

Seek funding to implement the creation of separate gallery spaces with wall structures that will allow for temporary exhibitions and the development of a permanent exhibition

Funding has been secured. Planned division of spaces in February 2020.

n

 

4.3.11

Develop a Regional Museum program for Orange

ORM's program is scheduled for the next year and budgeted and we are now implementing the program whilst also caring for our collections

Plan and implement innovative and engaging program of exhibitions and educational activities

This ongoing task progressed during this quarter.

n

Ensure the Orange Regional Museum exhibitions interpret the stories, cultures and places of the region

This is an ongoing tasks. Planning is under way for a permanent collection exhibition, which is due to open in May 2020.

n

 

Plan and deliver innovative and engaging public and educational programs for a diverse community

This ongoing task progressed during this quarter.

n

 

Deliver the Museum service in accordance with the budgeted/approved components of the Orange Regional Museum Development Plan 2017 (including Wentworth Mine and Emmaville Cottage)

This service was delivered in accordance with the budget and the Development Plan.

n

 

Ensure Museum has adequate staffing to function as a public institution

This task has been completed.

n

 

 


 

 

4.4: Celebrate and conserve the diverse cultural heritage of the urban, village and rural communities

Ref

Action

Action Comment

Project/Service

Comment

Status

4.4.1

Implement the Aboriginal heritage strategy

Council continues to work with the Local Aboriginal Lands Council on documentation and preservation of Aboriginal Cultural Heritage.

Develop process for the documentation and preservation of significant Aboriginal artefacts

Process for the documentation and preservation developed

n

Seek funding for the installation of Aboriginal-themed public art works

Heritage Landscape Plan for the Spring completed and has gone on public exhibition.

n

4.4.2

Support a range of community events

A new residents' function was undertaken at the Botanic Gardens. Carols by Candlelight successfully delivered. The New Years Eve Party under the Stars was significantly scaled back as the fireworks were not able to be used due to extreme fire danger.

Count number of events held on Council land by external parties

Events included Wine Festival Night Market.

n

Count number of Council-hosted events organised by Council

Included new residents' welcome function and citizenship ceremonies.

n

Implement the disability inclusion action plan with regard to supported events

The disability inclusion action plan is at the forefront when designing or approving events.

n


5: Responsive programs and services that support our community's lifestyle and social needs

 

Implement programs including migrant settlement strategy, Harmony Day and social inclusion in accordance with funding provided by the Department of Social Services and other relevant funding bodiesOn track with Work Plan targets

5.1: Engage with the community to ensure facilities and programs meet changing lifestyle and social needs

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

5.1.1

Conduct an annual planning and consultative process to assess the needs of our ageing population in line with the principles of an aged-friendly community

·  Spark a Connection - Art for People living with Dementia.

·  Grandparents day - celebration.

·  Volunteer Thank You event

·  2 x Round Table for CHSP Service Providers

·  Presentation at LiveBetter regarding Choices at Home.

Annual planning session with age-related services community committee to create action plan; adoption of plan by Council

Action Plan developed and updated at each Committee meeting.

n

Report on implementation of the approved ageing-related services action plan

Report to Council provided after Ageing and Access Committee meetings.

n

 

5.1.2

Engage with the local culturally and linguistically diverse community to identify needs and opportunities

·  Mums and Bubs Sewing and English

·  English conversation

·  Active in the Pool

·  Fun Day Monday in Lithgow

·  Parkes Meet and Greet

·  Forbes Multicultural Group

·  Harmony Day funding $5 awarded

Implement programs including migrant settlement strategy, Harmony Day and social inclusion in accordance with funding provided by the Department of Social Services and other relevant funding bodies

On track with Work Plan targets.

n

5.1.3

In line with Council's Statement of Commitment to the Aboriginal community, work with the Community Working Party to achieve the outcomes of the Orange Aboriginal Social Development Plan

Working Party seeking funding to redevelop the Social Plan.

Support the implementation of the Orange Aboriginal social development plan in line with agreed timeframes

Working  Party currently not meeting

n

Liaise with the Community Working Party to determine culturally-appropriate responses to issues relating to the local Aboriginal community

Working Party currently not meeting

n

 

 


 

 

Deliver high quality service in compliance with the Commonwealth Home care StandardsAll services complaint. Very positive feedback received from users.

5.2: Ensure the community services provided by Council are professionally managed, integrated and meet demonstrated needs

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

5.2.1

Provide recreational activities for older people, people with disability and younger people to support healthy and active living

·  Yoga

·  aqua aerobics

·  art

·  bus trips

·  Women's Shed

·  Men's Group

·  Let's Renew Health and Wellness Expo

Provide recreational activities including after-school and a school-holiday activities for identified young people

Increase in After School Care licence at OPS. Before and After School and Vacation Care provided at three local schools.

n

In all services provided, ensure compliance with the Commonwealth Home Care Standards, National Standards for Disability Services, NSW Disability Inclusion Act 2014 and the Children and young Persons (Care and Protection) Act 1998

All services compliant.

n

 

Provide a range of recreational activities as part of Seniors Week and International Day for People With a Disability annually

Seniors Week will be in the third quarter. Planned International Disability Day was cancelled.

n

 

5.2.2

Implementation of wellness and reablement in the Commonwealth Home Support Program

Wellness and reablement annual report submitted.

All planning conducted with a focus on wellness and reablement.

Deliver high quality service in compliance with the Commonwealth Home care Standards

All services compliant. Very positive feedback received from users.

n

5.2.3

Provide support to the Commonwealth Home Support Program in the Central West

Two round table training sessions provided across the Central West.

Implement transition to new funding arrangements through training and strategic planning

Transition on track.

n

Implementation of Commonwealth Home Support Program, Development Officer Plan, including promotion of Commonwealth Home Support Programs services and maintaining regional directory of services

Directory currently being updated.

n

 

Attend quarterly meetings of interagencies

Quarterly meeting attended.

n

 

5.2.4

Deliver quality children's services

All Childrens' Services compliant. Marketing campaign being developed for Family Day Care and survey of Occasional Care users completed to assist with planning for changes to long standing funding.

Ensure usage rates of Council's children's services are maintained at an average of 80% across all services

All Services operating above 80%

n

Ensure services comply with National standards and achieve successful assessment in accordance with the National Quality Framework

All services compliant with NQF.

n

 

5.2.5

Use available government funding to support the delivery of accessible and affordable services for older people and people with a disability

A range of services are available for older people and people with a disability:

·  social outings

·  aqua aerobics

·  yoga

·  one-on-one activities for group home residents

Funding options identified and grant applications submitted

Grants submitted for aqua yoga, dementia art program, mobility map update.

n

Relevant grant and compliance reporting requirements met

All reporting requirements met.

n

 

5.2.6

Provide supported accommodation services to adults with an intellectual disability

·  3 group homes providing ongoing support for 11 residents with intellectual disability.

·  8 residents (under 65 yrs) now are provided support in line with their NDIS plan, which includes periods of individual support to achieve their goals.

·  3 residents remain on block funded support. All report satisfaction with their daily life.

Measure number of residents supported

No change.

n

Ensure compliance with NSW Disability Service Standards, NSW Disability Inclusion Act 2014 and the Children and Young Persons (Care and Protection) Act 1998 and National Standards for Disability Services

Compliance with NDIS Standards achieved.

n

 

5.2.7

Operate the Orange Cemetery

All applications for burial were determined within 24 hours. Records have been maintained in accordance with legislative requirements. Construction of new road programmed for third quarter.

Allocation of allotments for burial within 24 hours of receipt of application for burial

All applications for burial were determined within 24 hours. Records have been maintained in accordance with legislative requirements.

n

Keep records in accordance with Cemeteries and Crematoria Act 2013

Burial register maintained and Annual Government Reporting completed.

n

 

Undertake landscaping and irrigation of new section

Not commenced due to water restrictions.

n

 

Extend road network within non-denominational road

Road design completed. Tender process to be undertaken for construction.

n

 

 

Improvements in affordable housing needs analysisCouncil continues to work with Housing Plus to support increased housing options for social housing and those experiencing homelessness.

5.3: Work with government agencies and non-profit organisations to reduce the incidence of homelessness by supporting the need for affordable and social housing

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

5.3.1

Support agencies in delivering affordable and social  housing

This is due April to June 2020. Council works with Housing Plus and Veritas House to support the delivery of affordable and social housing where possible given that external bodies are funded to deliver the programs.

Council progressing with a Housing Strategy in 2019-20, which will incorporate this element.

Improvements in affordable housing needs analysis

Council continues to work with Housing Plus to support increased housing options for social housing and those experiencing homelessness.

n


6: A community that values and protects domestic animals and the role they play in residents' wellbeing - physically, socially and psychologically

 

Comply with Companion Animal Act in establishment of new poundConstruction of building commenced.

6.1: Provide services and facilities that enable Council to fulfil its obligations under the Companion Animals Act

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

6.1.1

Establish a new pound

Construction of the pound has commenced.  Delays in the construction arose due to the presence of Naturally Occurring Asbestos. Construction of shed and surrounds will be completed next quarter. A tender process for the fitout of the building will be undertaken in January.  Completion expected in May/June 2020.

Comply with Companion Animal Act in establishment of new pound

Construction of building commenced.

n

 

Encourage stakeholder feedback on availability of leash-free areasCommunity feedback has been obtained.

6.2: Ensure that infrastructure exists for the safe exercising of domestic dogs

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

6.2.1

Maintain leash-free areas

North Orange Off Leash Area has been completed using Council and Orange Aboriginal Lands Council representative.

Spring Hill community provided with signage for off leash area.

Encourage stakeholder feedback on availability of leash-free areas

Community feedback has been obtained.

n

 

Support opportunities for collaboration on animal health and wellbeingSupport provided to Companion Animals Community Committee.

6.3: Partner with key stakeholders to deliver education and services relating to animal health and wellbeing

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

6.3.1

Support Companion Animals Community Committee

Companion Animals Community Committee regularly meets.

Support opportunities for collaboration on animal health and wellbeing

Support provided to Companion Animals Community Committee.

n

6.3.2

Manage companion animals

Ranger services provided at a high level.

Deliver ranger services

Ranger services provided at a high level.

n

Review Companion Animals Management Plan annually

The Companion Animals Committee have focused on construction of North Orange Off Leash Area.

n

 

 


2: Preserve - balancing the natural and built environment

 

7: Sustainable growth and respectful planning that values the natural environment

 

Develop, and have adopted, a new City-wide development control planA preliminary draft of the new DCP has been prepared. Council is awaiting the outcomes of the Department's review of standard provisions of DCPs

Development applications determined within a median time of 35 days

Construction certificates determined within a medium time of 30 days

Complying development certificates determined within a median time of 15 days118 development applications were determined, comprising 85 x new DAs and 33 x modifications. The new DAs were determined with a median processing time of 33 days. The modifications were determined with a median processing time of 24 days. 2 x complying development certificate applications were determined with a median processing time of 14 days. 35 x construction certificate applications were determined with a median processing time of 18 days.

7.1: Engage with the community to develop plans for growth and development that value the local environment

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

7.1.1

Provide a framework for development in the City through the Orange Local Environmental Plan 2011, plans of management and Council's development control plan

Local Strategic Planning Statement - Council is on track to meet the Departmental requirement of having the plan in place by June 2020.

Local Housing strategy - Council has engaged Premise to undertake the preliminary work associated with this body of work. A draft has been prepared and Council is awaiting the final document.

Heritage Study - Progress continues on the review of the heritage study. Key stakeholder engagement has been undertaken. Consultants in the process of reviewing nominated items.

Develop, and have adopted, a new City-wide development control plan

A preliminary draft of the new DCP has been prepared. Council is awaiting the outcomes of the Department's review of standard provisions of DCPs

n

Update local environmental plan on a needs basis

Administrative Amendment 24 to Orange LEP 2011 has been adopted by Council, and is currently with the Department for gazettal

 

7.1.2

Provide efficient and effective development assessment and compliance service in a timely manner

Assessment of development applications, complying development certificate applications and construction certificate applications has been undertaken in accordance with the identified performance targets. Council staff continue to deal with a range of complex planning issues in an efficient and timely manner.

Development applications determined within a median time of 35 days.

Construction certificates determined within a medium time of 30 days.

Complying development certificates determined within a median time of 15 days.

·  118 development applications were determined, comprising 85 x new DAs and 33 x modifications. The new DAs were determined with a median processing time of 33 days. The modifications were determined with a median processing time of 24 days.

·    35 construction certificate applications were determined with a median processing time of 18 days.

·  2 complying development certificate applications were determined with a median processing time of 14 days.

n

7.1.3

Provide property information in a timely manner

Property information was provided in a timely manner.

Issue planning certificates within a median processing time of 4 days.

Issue planning certificates within a median processing time of 1.5 days where an urgency fee has been paid

·    394 planning certificates were issued, comprising 347 x 10.7(2)s and 47 x 10.7(5)s. 357 of these were issued with a median processing time of 4 days.

·    Urgency fees were paid for the other 37 - these were issued with a median processing time of 1 day.

n

Issue building certificates and other property information within a median processing time of 4 days

7 building information certificates were determined with a median processing time of 5 days

n

 

 

Seek partnership and funding opportunities for solar expansion of Council facilitiesThis will be focus for the Sustainability Officer in the third and fourth quarters.

Use membership to investigate sustainability optionsMembership maintained. A new Sustainability Officer Position is currently being developed that will work within this area or responsibility. Further action in this area expected once position is filled in third quarter.

7.2: Ensure best practice use of renewable energy options for Council and community projects

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

7.2.1

Increase solar power

A new staff Position of Sustainability Officer was created during Quarter 2. This position will commence work in January 2020 with a focus on solar energy.

Seek partnership and funding opportunities for solar expansion of Council facilities

This will be the focus for the Sustainability Officer in the third and fourth quarters.

n

7.2.2

Maintain Cities Power Partnership membership

Membership maintained. A new Sustainability Officer Position has been recruited and will commence in January 2020.  This position will work within this area of responsibility. Further action in this area expected once position is filled in third quarter.

Use membership to investigate sustainability options

Membership maintained. A new Sustainability Officer position is currently being developed that will work within this area of responsibility. Further action in this area is expected once the position is filled in the third quarter.

n


 

Reported in State of Environment reportThe State of Environment Report was included in Council's Annual Report. November 2019, which was sent to the State Government and placed on Council's website on 29 November 2019.

7.3: Ensure that policies and practices are in place to protect the sustainability and security of water destined for potable supply from the water catchment area

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

7.3.1

Comply with relevant water quality legislation

All works completed - State of the Environment Report prepared and submitted November 2019.

Reported in State of Environment report

The State of Environment Report was included in Council's Annual Report. November 2019, which was sent to the State Government and placed on Council's website on 29 November 2019.

n


8: Managing our resources wisely

 

Implement annual water conservation strategies (media, education, advertising, water audits)These strategies have been implemented as a top priority for Council.

Attend meetings of the Centroc Water Utilities Alliance and the NSW Water DirectorateThese meetings are attended when they occur.

Mid-term review of water and sewer strategic business plan (including financial plan) in accordance with the Department of Industry, Crown Lands and Water Division (Water) best practice criteria by May 2020Reporting is due in the fourth quarter.

Review outcomes of Council's drought management plan in accordance with Department of Primary Industry, Crown Lands and Water Division (Water) best practice criteria by May 2020This update is due in the fourth quarter.

Water mains extension/realignment program delivered by June annuallyCouncil has completed the relocation of the 100mm reticulation main at the intersection of Matthews Ave and Hill St. Works have also been completed for the lowering of the 300mm raw water rising main at the intersection of the NDR, Hill St and William Maker Drive. this involved the lowering of 180m of 300mm DICL Raw water main. Materials have been ordered for the proposed roundabout at McLachlan St and March St with works expected to commence on the 13 January 2020.

Sewer mains relining program delivered by June annuallyCouncil has resolved to utilise the Centroc Sewer relining contract in this financial year. The program has been scoped for this financial year with an expected quantity of 150mm and 225mm sewer main to be relined of 4500m.

Establish district metering areas in order to quantify water losses from the water supply systemCouncil has engaged Water Intelligence to undertake a leak detection program for Orange's Water Network. The completion of the program has located over 170 water leaks.

Water services renewals program delivered by June annuallyCouncil has completed 25 water services renewals for the 2019/20 period. The services that are renewed are in a poor condition or that may have been repeatedly failing.

Water meter replacement program delivered by June annuallyCouncil has commenced the water meter replacement program with 717 meters replaced. Council is also planning to undertake flow testing on meters between the age of 8 to 17 years to determine the level of accuracy of these meters.

Water mains renewal program delivery by June annuallyCouncil has completed the delivery of the Carroll Street Water Main renewal which consisted of the renewal of 280m of 100mm water main. Other works are planned for commencement in the new year with Council's Plant and Works Crews currently under recruitment.

Design completed by June 2020Design works are nearing completion for the proposed pump station and rising main for Lake Canobolas.

Pilot smart-metering project delivered by June 2020The reporting on this task will be in the fourth quarter.

Project delivered by June 2021This task is due in Year 2.

Design completed by June 2020Designs are nearing completion for the water main upgrade to Lake Canobolas with consultation with various stakeholders to commence soon.

Supply and install by June 2020Reporting on this task is due in the fourth quarter.

Delivery of strategy by June 2020Reporting on this task is in the fourth quarter.

Delivery of strategy by June 2020Reporting on this task is due in the fourth quarter.

Design completed by June 2021Reporting on this task is due in Year 2.

Construction completed by June 2021Reporting on this task is due in Year 2.

Manhole rehabilitation program delivered by June annuallyCouncil is currently undertaking inspection of sewer manholes for the 2019/20 manhole rehabilitation program. This program is scheduled to commence and the beginning of 2020.

Construct new culverts under McLachlan Street for the East Orange channelProgrammed for 2021/22 financial year

Monitor and report on water quality in accordance with regulatory requirements and report to the State Government annually in OctoberRoutine monitoring and reporting requirements met. Annual review to be completed in Quarter 3.

Design and construct new inlet works by June 2021Hydraulics investigation has confirmed that a full gravity system is not feasible, with design progressing on pumping sub-options.

Specialist paint coating of tank completed by June 2021The Orange Sewage Treatment Plant primary settling tank coating is due for completion by June 2021.

Installed by June 2020The back-up pumps at Suma will be deferred, with the Spring Creek Dam to Icely Road Water Treatment Plant pipeline project driving consideration of a back-up generator at Icely Road Water Treatment Plant as a priority.

Rehabilitation works completed by June 2020The specialist consultant is in the final stages of the detailed design for the rehabilitation works.

Design finalised by June 2021 and construction by June 2023The design phase of the aeration upgrade is scheduled for 2020/21.

Design and construct stormwater earthworks by June 2022 and new administration building by June 2023Design and construct of the new stormwater earthworks is not due until June 2022, with the new administration building to follow by June 2023.

Detailed design of new ultraviolet system by June 2023Detail design of the new ultraviolet system at the STP is not due until June 2023.

Assessments undertaken on 2% of network per annum and updated in the asset management planWork will commence in the third quarter.

8.1: Identity and deliver essential water, waste and sewer infrastructure to service the community into the future

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

8.1.1

Implement water conservation strategies

A new position is working through the top 50 non-residential water users. The Communications Team continues to deliver extensive coverage to the community.

Implement annual water conservation strategies (media, education, advertising, water audits)

These strategies have been implemented as a top priority for Council.

n

8.1.2

Work with the Centroc Water Utilities Alliance and the NSW Water Directorate on various strategic and operational projects, including advocating for the Urban Water Industry in Regional NSW

Centroc Water Utilities Alliance meetings were regularly attended.

Attend meetings of the Centroc Water Utilities Alliance and the NSW Water Directorate

These meetings are attended when they occur.

n

8.1.3

Mid-term review of water and sewer strategic business plan (including financial plan)

The mid-term review of water and sewer strategic business plan (including financial plan) will be reporting in April 2020 (in the fourth quarter.

Mid-term review of water and sewer strategic business plan (including financial plan) in accordance with the Department of Industry, Crown Lands and Water Division (Water) best practice criteria by May 2020

Reporting is due in the fourth quarter.

n

8.1.4

Implement Council's drought management plan

Orange moved to Level 5 Water Restrictions during this quarter. Level 5 Water Restriction targets are currently being met by the residential sector. Council's CEO has flagged Level 6 Restrictions to be in May 2020.

Review outcomes of Council's drought management plan in accordance with Department of Primary Industry, Crown Lands and Water Division (Water) best practice criteria by May 2020

This update is due in the fourth quarter.

n

8.1.5

Implement water mains extension/realignment program

The water mains extension/realignment program is progressing.

Water mains extension/realignment program delivered by June annually

·  Council has completed the relocation of the 100mm reticulation main at the intersection of Matthews Ave and Hill Street.

·  Works have also been completed for the lowering of the 300mm raw water rising main at the intersection of the NDR, Hill St and William Maker Drive. This involved the lowering of 180m of 300mm DICL raw water main.

·  Materials have been ordered for the proposed roundabout at McLachlan Street and March Street, with works expected to commence on the 13 January 2020.

n

8.1.6

Conduct routine operation and maintenance of water and sewerage infrastructure

Water and Sewer assets all managed in accordance with statutory requirements meeting Levels of Service in Council's Asset management Plan.

Conduct annual monitoring and reporting according to the requirements of the Department of Industry, Crown Lands and Water Division (Water) for inclusion in the NSW water supply and sewerage monitoring report by September annually

DPIE Water Annual Performance Monitoring Report submitted and 3‑yearly audit were undertaken in Quarter 1.

n

Maintain water and sewerage infrastructure in accordance with statutory requirements and levels of service identified in water and sewer asset management plans

Water and Sewer assets all managed in accordance with statutory requirements meeting Levels of Service in Council's Asset management Plan.

n

 

8.1.7

Deliver sewer mains relining program

The sewer mains relining program is being delivered.

Sewer mains relining program delivered by June annually

Council has resolved to utilise the Centroc Sewer relining contract in this financial year. The program has been scoped for this financial year with an expected quantity of 150mm and 225mm sewer main to be relined of 4500m.

n

8.1.8

Implement water loss management program

The water loss management program is being implemented.

Establish district metering areas in order to quantify water losses from the water supply system

Council has engaged Water Intelligence to undertake a leak detection program for Orange's Water Network. The completion of the program has located over 170 water leaks.

n

8.1.9

Deliver water services renewals program

The water services renewals program is being delivered.

Water services renewals program delivered by June annually

Council has completed 25 water services renewals for the 2019/20 period. The services that are renewed are in a poor condition or that may have been repeatedly failing.

n

8.1.10

Deliver water meter replacement program

The water meter replacement program is being delivered.

Water meter replacement program delivered by June annually

Council has commenced the water meter replacement program with 717 meters replaced. Council is also planning to undertake flow testing on meters between the age of 8 to 17 years to determine the level of accuracy of these meters.

n

8.1.11

Deliver water mains renewal program

The water mains renewal program is being delivered.

Water mains renewal program delivery by June annually

Council has completed the delivery of the Carroll Street Water Main renewal which consisted of the renewal of 280m of 100mm water main. Other works are planned for commencement in the new year with Council's Plant and Works Crews currently under recruitment.

n

8.1.12

Lake Canobolas sewer upgrade

Work is progressing on the Lake Canobolas sewer upgrade.

Design completed by June 2020

Design works are nearing completion for the proposed pump station and rising main for Lake Canobolas.

n

8.1.13

Smart Water Metering

Smart Water Metering will be updated in April 2019 (in the fourth quarter).

Pilot smart-metering project delivered by June 2020

The reporting on this task will be in the fourth quarter.

n

8.1.14

Telemetry and SCADA Upgrade

Telemetry and SCADA Upgrade is due in 2020/21 (Year 2).

Project delivered by June 2021

This task is due in Year 2.

n

8.1.15

Lake Canobolas potable water upgrade

Work is continuing on the Lake Canobolas potable water upgrade.

Design completed by June 2020

Designs are nearing completion for the water main upgrade to Lake Canobolas with consultation with various stakeholders to commence soon.

n

8.1.16

Install reservoir mixers

The install of reservoir mixers is due for reporting in April 2020 (in the fourth quarter).

Supply and install by June 2020

Reporting on this task is due in the fourth quarter.

n

8.1.17

North Orange water supply strategy

The North Orange water supply strategy is due in April 2020 (in the fourth quarter).

Delivery of strategy by June 2020

Reporting on this task is in the fourth quarter.

n

8.1.18

North Orange Sewer Strategy

The North Orange Sewer Strategy is due for reporting in April 2020 (in the fourth quarter).

Delivery of strategy by June 2020

Reporting on this task is due in the fourth quarter.

n

8.1.19

Redmond Place Sewer Pump Station Design

The Redmond Place Sewer Pump Station Design is due in 2020/21 (Year 2).

Design completed by June 2021

Reporting on this task is due in Year 2.

n

8.1.20

Spring Hill Lucknow Sewer Pump Station design and construction

The Spring Hill Lucknow Sewer Pump Station design and construction is due in 2020/21 (Year 2).

Construction completed by June 2021

Reporting on this task is due in Year 2.

n

8.1.21

Deliver manhole rehabilitation program

The manhole rehabilitation program is being delivered.

Manhole rehabilitation program delivered by June annually

Council is currently undertaking inspection of sewer manholes for the 2019/20 manhole rehabilitation program. This program is scheduled to commence and the beginning of 2020.

n

8.1.22

Manage Ophir Road and Euchareena Road resource recovery centres in accordance with landfill environmental management plans and licences

Both Ophir Road and Euchareena Road RRC's operating in accordance with Landfill Environmental Management Plans and Licences and annual review and updated OEMP documentation issued to DPIE and EPA in December 2019.

Maintenance to ORRRC driveway surface on the eastern side of the Community Recycling Centre completed in this quarter and reports on status of phytocapping to the ORRRC landfill western and eastern faces issued to the EPA for acknowledgement.

Painting of the public receival station awnings and wheel plinths with additional signage to the disposal area arranged for completion by Christmas 2019.

Weekly reporting to the EPA and Cleanaway on stillage contents facilitates regular removal of Household Hazardous Waste from the ORRRC CRC building.

Reporting to the Office of Environment and Heritage, Department of Planning and Environment Protection Authority undertaken annually as required

Annual Review for Orange Waste Project submitted to DPIE and Updated OEMP also submitted to DPIE in December 2019.

Annual reporting to DPIE & EPA completed as required by Licence conditions.

n

Undertake maintenance works at the Ophir Road Resource Recovery Centre including site rehabilitation

Asphalt laid to truck loading area and approaches to the eastern side of the Community Recycling Centre.

Arranged with Council painting staff to paint awnings and wheel plinths and install additional signage to the public receival station with work to be completed before Christmas 2019.

n

 

Community Recycling Centre reporting wastes collected to the Environment Protection Authority on a monthly basis

Weekly reports submitted to the EPA and Cleanaway.

CRC stillage volumes reported to EPA & Cleanaway via cloud system on a weekly basis to facilitate collection of Household Hazardous Wastes.

n

 

8.1.23

Deliver planned flood-mitigation strategies across the City

No works programmed for the current financial year.

Construct new culverts under McLachlan Street for the East Orange channel

Programmed for 2021/22 financial year

n

8.1.24

Provide safe drinking and re-use water

Drinking water and recycled water was provided to customers in accordance with quality standards through implementation of the Drinking Water Management System and Recycled Water Management System.

Monitor and report on water quality in accordance with regulatory requirements and report to the State Government annually in October

Routine monitoring and reporting requirements met. Annual review to be completed in Quarter 3.

n

8.1.25

Orange Sewage Treatment Plant works inlet upgrade

Concept Design has progressed slowly due to necessary investigation into hydraulic limitations.

Design and construct new inlet works by June 2021

Hydraulics investigation has confirmed that a full gravity system is not feasible, with design progressing on pumping sub-options.

n

8.1.26

Orange Sewage Treatment Plant primary settling tank coating

The Orange Sewage Treatment Plant primary settling tank coating is due for completion by June 2021.

Specialist paint coating of tank completed by June 2021

The Orange Sewage Treatment Plant primary settling tank coating is due for completion by June 2021.

n

8.1.27

Suma Park Dam back-up pumps

Success in securing emergency funding for the Spring Creek Dam to Icely Road Water Treatment Plant pipeline has resulted in a re-prioritisation of water supply energy back-up options.

Installed by June 2020

The back-up pumps at Suma will be deferred, with the Spring Creek Dam to Icely Road Water Treatment Plant pipeline project driving consideration of a back-up generator at Icely Road Water Treatment Plant as a priority.

n

8.1.28

Stormwater harvesting rehabilitation of Stage 1

The detailed design for the rehabilitation of Blackmans Swamp Creek Stormwater Harvesting Stage 1 is in the final stages. The on-ground works phase will be deferred until the same time as the emergency funded Stage 2 constructed wetland.

Rehabilitation works completed by June 2020

The specialist consultant is in the final stages of the detailed design for the rehabilitation works.

n

8.1.29

Orange Sewage Treatment Plant aeration upgrade

The design phase of the aeration upgrade is scheduled for 2020/21.

Design finalised by June 2021 and construction by June 2023

The design phase of the aeration upgrade is scheduled for 2020/21.

n

8.1.30

Icely Road Water Treatment Plant stormwater earthworks and administration building

Design and construct of the new stormwater earthworks is not due until June 2022, with the new administration building to follow by June 2023.

Design and construct stormwater earthworks by June 2022 and new administration building by June 2023

Design and construct of the new stormwater earthworks is not due until June 2022, with the new administration building to follow by June 2023.

n

8.1.31

Design new ultraviolet disinfection system for Orange Sewage Treatment Plan

Detail design of the new ultraviolet system at the STP is not due until June 2023.

Detailed design of new ultraviolet system by June 2023

Detail design of the new ultraviolet system at the STP is not due until June 2023.

n

8.1.32

Undertake ongoing condition assessment on Council's stormwater network

Quotations received and contract awarded. Work to commence January 2020.

Assessments undertaken on 2% of network per annum and updated in the asset management plan

Work will commence in the third quarter.

n

 

Publish the annual statement of environment report by NovemberCompleted.

Installation of the landfill gas-management system programmed for 2022/23 and beyondMonitoring for landfill gas undertaken monthly during the quarter and reported in the Annual Review and Annual Environmental Monitoring Report issued to DPIE and EPA

Capital installation programme reassessed in this quarter and installation of first gas biofilter systems to cell 1 of ERRRC to be programmed for 2020/2021

Deliver four school programs, four educational programs and four community events per annumThere were 18 community events held in the second quarter engaging 410 community members.

Undertake 400 annual private property inspections to ensure noxious weeds are managed in accordance with legislative requirementsWeed Management Officers undertook 129 property inspections through the 2nd quarter.

Report abandoned shopping trolleys to storesDaily reports to supermarket call centres undertaken.

All pollution complaints investigated within 2 working days for non-urgent events and within 4 hours for urgent events and action take if requiredAll pollution events responded to as required.

8.2: Develop and promote initiatives to reduce water, energy and waste in consultation with the community

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

8.2.1

Review and report on the five key areas of our environment (water, air, biodiversity, soil, salinity) through preparation of the State of Environment report

Regional State of the Environment Report Completed.

Publish the annual statement of environment report by November

Completed.

n

8.2.2

Implement the landfill gas management plan for Euchareena Road Resource Recovery Centre

Monitoring of gas undertaken monthly and reported within the Annual Review and Annual Environmental Monitoring Report. Gas biofilter works reassessed in this quarter to establish first installation of gas biofilter system to cell 1 at ERRRC to be programmed for 2020/2021.

Installation of the landfill gas-management system programmed for 2022/23 and beyond

Monitoring for landfill gas undertaken monthly during the quarter and reported in the Annual Review and Annual Environmental Monitoring Report issued to DPIE and EPA.

Capital installation programme reassessed in this quarter and installation of first gas biofilter systems to cell 1 of ERRRC to be programmed for 2020/2021.

n

8.2.3

Engage the community in the Parks Alive program and environmental activities

There were 18 community events held over the second quarter with 5 events being educational, 4 events engaging local schools and 9 events engaging the local community to undertake hands-on activities. Events were held at Lake Canobolas, Spring Hill Recreation Ground, Clifton Grove, Gosling Creek and Waratah Wetlands.

The combined number of community members engaged totalled 410 equating to approximately 1,600 volunteer hours. There were 1,085 native seedlings planted with mulching, weeding and watering being the other activities undertaken.

Deliver four school programs, four educational programs and four community events per annum

There were 18 community events held in the second quarter engaging 410 community members.

n

8.2.4

Participate in the NSW Tidy Towns sustainable program

Orange had a very successful year with Tidy Towns receiving 5 awards including the winner of the town population size of 20,000 and over, which put Orange in the running for the overall State winner. This eventually was won by Murrurundi. Orange received a highly commended for the Habitat and Conservation category, (Ploughman's Wetlands Care Group), Community Spirit and Inclusion category, (Hospital Auxiliary)  and Heritage and Culture category, (Refurbishment of the Carrington Hotel) whilst the City actually won the Heritage and Culture Award for Rotary's Banjo Paterson Festival.

Participate in Clean Up Australia activities

Event to be held in March 2020

n

Raise awareness of the NSW Tidy Towns Program through four local media events and engaging with local schools

This is an ongoing action and most awareness is when the projects are assessed and when the results are received.

n

 

Compile annual NSW Tidy Towns Sustainable Community Award submissions

A very successful Tidy Towns campaign with Orange receiving 5 awards in total

n

 

8.2.5

Monitor and implement awareness events and campaigns for priority weeds

Council's Weed Management Officers, (WMO) undertook 129 inspections throughout the second quarter, with 33 on privately managed lands, 95 on OCC managed lands and 1 under the control of the State Government.

Council staff also attended a Landholders Information Day held in Clifton Grove in October and established a weeds information display at the Australian National Field Days also held in October with over 200 enquiries.

Council also organised, (on behalf of the Macquarie Valley Weeds Committee, MVWC) and participated in a weeds television campaign which was run on Southern Cross Austereo and Imparja with over 800 ads screened. Council WMOs also assisted Cowra Council for a second time with an inspection program for frogbit within the Cowra Shire. Council staff also attended regional meetings held by the MVWC and the CT LLS.

Undertake 400 annual private property inspections to ensure noxious weeds are managed in accordance with legislative requirements

Weed Management Officers undertook 129 property inspections through the second quarter.

n

8.2.6

Manage abandoned articles within the City

Impounding Services have been provided, with items including abandoned vehicles; shopping trollies; and stock being impounded during the last quarter.

Report abandoned shopping trolleys to stores

Daily reports to supermarket call centres undertaken.

n

8.2.7

Enforce environmental legislation

Focus remains on the control of sediment from development sites. Another enforcement round will commence in Quarter 3. A number of noise complaints relating to air conditioners have been received and attended to in the period. One pollution event was responded to in December - with paint falling from a tradesman's vehicle and then being washed into the stormwater drain. Cleanup was undertaken. Costs and fines have been issued to the tradesman.

All pollution complaints investigated within 2 working days for non-urgent events and within 4 hours for urgent events and action take if required

All pollution events responded to as required.

n

 

 

 

8.3: Promote the range of recycling services

Ref

Action

Action Comment

Project/Service

Comment

Status

8.3.1

Deliver waste and recycling services

Annual Household Hazardous Waste collection service offered at ORRRC on Saturday, 19 October 2019, with reduced patronage and volumes of waste collected due to the Community Recycling Centre being readily available to residents on a daily basis.

Ongoing outreach to residents, businesses and schools undertaken by Councils education consultant Envirocom with Organic and Recycling bin audits undertaken over the weeks of 2-6 and 9‑13 December 2019.

Advisory materials provided to residents via bin stickers following the audit process of 500 Organics and 500 Recycling bins to promote best practice in resource recovery.

Promote and offer a free annual household hazardous waste collection service at the Ophir Road Resource Recovery Centre

Free annual Household Hazardous Waste Collection service undertaken at ORRRC on Saturday 19 October 2019.

Lower attendance and reduced volumes of wastes received on the open day due to the new Community Recycling Centre being available for public access throughout the year.

n

Deliver education materials or services to orange residents relating to the waste, recycling and organics contract provisions

Envirocom continued to deliver waste education promotions to the public and schools and businesses during the quarter in accordance with the adopted Education plan.

In addition to programmed educational outreach to the public and businesses, Envirocom undertook Organic bin audits during the week of 2-6 December and Recycling bin audits during the week of 9-13 December 2019. Each audit consisted of 500 bins. Educational material and advice was left on the bins following the inspections to promote best practice within the households.

n


9: Infrastructure for our growing community

 

Delivery of Stages 2, 3 and 4 of the Southern Feeder RoadStage 2 underway.  Stage 3 tenders closed. Stage 4 undergoing statutory environmental assessments.

9.1: Construct and maintain a road network that meets the community's transport and infrastructure needs

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

9.1.1

Promote the construction of the Southern Feeder Road

Individual project stages are as follows:

·  Stage 2: Under construction - 75% complete.

·  Stage 3: Tenders closed - negotiating with tenderers as per Council resolution.

·  Stage 4: Design complete, undertaking Review of Environmental Factors and seeking additional grant funding from Building Better Regions grant programme.

Delivery of Stages 2, 3 and 4 of the Southern Feeder Road

Stage 2 under way. Stage 3 tenders closed. Stage 4 undergoing statutory environmental assessments.

n

9.1.2

Deliver works program for upgrades, road rehabilitation and re-seals as identified in the Transport Asset Management Plan

Burrendong Way upgrading completed. Majority of works not due to commence at this stage.

Annual road rehabilitation program completed within allocated budget

Not due to commence.

n

Annual reseal program completed within allocated budget

Not due to commence.

n

 

Burrendong Way - upgrade to an urban standard, south from the Northern Distributor Road

Completed.

n

 

Reconstruct Clergate Road Stage 2 from Quartz Street to Ralston Drive

Not due this year.

n

 

Whiley Road/Forest Road upgrading - subject to grant funding

Not due to commence.

n

 

Construct a new roundabout at the intersection of the NDR/Hill Street and William Maker Drive - subject to grant funding

Tenders awarded for construction.

n

 

Upgrade Whitton Place to urban standards

Not due to commence this year.

n

 

 

9.2: Ensure that adequate car parking spaces are available to support growth

Ref

Action

Action Comment

Project/Service

Comment

Status

9.2.1

Provide and manage public car parking in the Orange Central Business District

Parking study deliverables - renewal program for disabled parking spaces in the City has commenced.

Parking patrols - carried out as per patrol schedule and parking rules.

Implement parking study deliverables

Technical Services Division has implemented a renewal program for disabled parking spaces throughout the City.

n

Parking patrols carried out in accordance with patrol schedule and Council's adopted parking rules

The contracted car parks for Summer Centre, City Centre, Kmart and Central have been managed in accordance with private agreements. Additionally, the new contract for Aldi has now commenced.

n

 

9.3: Ensure that an appropriate level of pedestrian amenity is provided throughout the community

Ref

Action

Action Comment

Project/Service

Comment

Status

9.3.1

Deliver program of footpath upgrading and new construction works as identified in the Transport Asset Management Plan

·  Footpath rehabilitation completed in March Street and Glenroi Avenue.

·  New footpath construction completed in Pearl court and Buckland Drive.

·  New footpath construction commenced in Peisley Street.

Design and installation of pedestrian crossing lighting upgrades as per allocated budget

Works on hold due to design constraints with sites chosen.

n

Annual footpath rehabilitation program completed within allocated budget

Works progressing within time and budgetary constraints.

n


Finalise master plan and seek Council approval90% complete.

9.4: Develop a vibrant civic and commercial precinct as a centre for the community

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

9.4.1

Undertake master planning for the upgrade of the CBD (FutureCity), to position Orange as a premier regional city supporting existing and new commercial opportunities

The Draft FutureCity report is now being assembled and will go to Council in the third quarter (February 2020).

Finalise master plan and seek Council approval

90% complete.

n


10: Celebrate our cultural, social, natural and built heritage assets

 

Heritage and urban design advisory services provided

10.1: Engage with the community to ensure plans for growth and development are respectful of our heritage

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

10.1.1

Provide a heritage advisory service to the community to protect and enhance heritage assets and to promote quality urban design

Council's Heritage Adviser continues to provide regular heritage advice to assist with the assessment and determination of development applications, protect and enhance heritage assets and promote quality urban design.

Heritage and urban design advisory services provided

26 heritage and urban design advisory services were provided during the quarter.

n

 

Ensure the local community is engaged for heritage support fundingLocal Heritage Assistance Fund 2019 currently supporting nine funding projects. 

Implement and review heritage strategy annuallyHeritage strategy reviewed annually.

10.2: Preserve our diverse social and cultural heritage

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

10.2.1

Maintain local heritage assistance program

Local Heritage Assistance Fund continues to support heritage conservation and preservation within the City of Orange.

Ensure the local community is engaged for heritage support funding

Local Heritage Assistance Fund 2019 currently supporting nine funding projects.

n

10.2.2

Develop heritage strategy

Orange City Council Heritage Strategy reviewed annually in line with Office and Environment reporting.

Implement and review heritage strategy annually

Heritage strategy reviewed annually.

n

 

Engage with the community and update the Village's prioritiesCouncil communicates regularly with Villages by way of Committee Meetings, action plans and e-mail communication to provide updates on tasks and prioritization of tasks.  Outcomes from actions include but are not limited to the following:  General Maintenance updates in all three villages, park beautification and signage upgrade.

10.3: Preserve the unique way of life of our surrounding villages

 

Ref

Action

Action Comment

Project/Service

Comment

Status

10.3.1

Support the Spring Hill and Lucknow Community Committees

Council continues to support the Spring Hill and Lucknow Community Committees. Committees meet regularly, with community priorities identified through relevant Action Plans. Outcomes from meetings are reported to Council after each meeting.

Engage with the community and update the Village's priorities

Council communicates regularly with Villages by way of Committee Meetings, action plans and e-mail communication to provide updates on tasks and prioritization of tasks. Outcomes from actions include but are not limited to the following:

·  general maintenance updates in all three Villages

·  park beautification

·  signage upgrade.

n


3: Prosper - a smart, innovative and resilient economy

 

11: Sustainable tourism, events and visitor experiences

 

Operate the Orange Visitor Centre within budgetThe VIC is operating within budget.

Actions from the Orange tourism strategy, delivered in accordance with the strategy items adopted by CouncilActions are underway

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

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

11.1.1

Deliver visitor information services

There were 20,197 visitors to the VIC and 1,878 online enquiries answered in the December quarter as well as 657 phone enquiries. This is almost a 40% reduction on the previous year and reflects the impacts of drought and fire on the visitor market. This has also been reflected in the occupancy at the Colour City Caravan Park.

Operate the Orange Visitor Centre within budget

The VIC is operating within budget.

n

11.1.2

Monitor the implementation of the Orange Region Tourism Strategy by Orange360

Visitation to Orange continues to be strong. Orange 360 has been proactive in working with Council and other industry groups to optimise the availability of existing accommodation.

Actions from the Orange tourism strategy, delivered in accordance with the strategy items adopted by Council

Actions are under way.

n

 

Support at least five major events annually sourced by agencyCouncil secured the hosting rights for the following events which were successfully staged in Orange during the reporting period.

NSW U/13 Indoor Hockey State Championships - 650 participants over 4 days competition.

Mountain Bike Australia State Cross Country Championships - 131 participants over 2 days competition.

Sydney Thunder V Hobart Hurricanes Indigenous T20 Cup - 2 days of competition.

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

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

11.2.1

Provide a range of quality accommodation and services and maintenance of all infrastructure at the Colour City Caravan Park

The occupancy of the cottage and cabins was 61.2% over the quarter. This is expected to rise in the March quarter due to Cadia recruitment. The occupancy on the powered sites was low at 30.5% but was affected by the bushfire and the drought with people less inclined to travel in smoke and dust.

Maintain a three-star rating

Park has a 3.5 star rating.

n

Maintain occupancy rate at an annual average of at least 50%

Cabins and cottages at 61.2%. Powered sites dropped to 30.5%.

n

 

Undertake asset improvements in accordance with the buildings asset management plan

Assets are being improved in line with the buildings asset management plan. The dump point will require a review in the near future.

n

 

11.2.2

Support and work with sporting organisations to secure events for the Orange region

Council continues to provide a customer service focused on economic development to attract events to Orange and hosted three major sporting events during the reporting period.

Support at least five major events annually sourced by agency

Council secured the hosting rights for the following events, which were successfully staged in Orange during the reporting period:

·  NSW U/13 Indoor Hockey State Championships - 650 participants over 4 days competition.

·  Mountain Bike Australia State Cross Country Championships - 131 participants over 2 days competition.

·  Sydney Thunder V Hobart Hurricanes Indigenous T20 Cup - 2 days of competition.

n


12: A smart, innovative and resilient industry sector

 

Orange Investment website launchedWebsite launched

Project planning completed and delivery to budget and timeframesProject planning is 90% complete and will be delivered in line with the budget and the time frames.

Support Regional Development Australia (RDA) Central West to advocate to address telecommunications issues and community information campaignsNBN representative to meet with the Economic Development Community Committee

12.1: Attract and grow strategic investment

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

12.1.1

Develop, maintain and provide information resources appropriate for business development, expansion and/or relocation - including web-based and mobile application platforms

The website has been launched.

Orange Investment website launched

Website launched.

n

12.1.2

Undertake refurbishment of the Central Business District

FutureCity Implementation Committee has been formed and will meet in the third quarter to plan the implementation.

Project planning completed and delivery to budget and timeframes

Project planning is 90% complete and will be delivered in line with the budget and the time frames.

n

12.1.3

Upgrade under-awning lighting in the Central Business District

Contracts signed, works to start in February 2020.

Complete upgrades of under-awning lighting

Contracts signed, works to start in February 2020

n

Continue planning for under-awning replacement

Planning done for Stage 1. Looking for opportunities for Stage 2

n

 

12.1.4

Develop and manage Council's residential relocation program

While the Evocities website was still live during the quarter, there was no maintenance or marketing, hence the reduced enquiries. The Think Orange site is having some issues with the analytics that should be resolved this quarter.

Measure number of enquiries answered about relocating to Orange

Evocities website not maintained. Think Orange website has analytics issues.

n

Measure number of relocatees attending the annual functions of new residents

41 new residents attended the event at the Botanic Gardens.

n

 

12.1.5

Manage the issues arising from telecommunications opportunities

The Economic Development Community Committee requested the Mayor write to the Minister for Communications outlining frustrations with the NBN. Reply was sent and an NBN representative will be attending the EDCC meeting during the March quarter.

Support Regional Development Australia (RDA) Central West to advocate to address telecommunications issues and community information campaigns

NBN representative to meet with the Economic Development Community Committee.

n

 

Car park extensionDesign - 90% complete.

12.2: Support innovative industry sectors

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

12.2.1

Facilitate industry engagement

Council hosted a business forum and gave details on Spendmapp, Activate Orange and other business related news. Continue to nurture relationships with peak employer organisations. There are 87 businesses participating in the Shop Orange program.

Measure number of meetings/events hosted and attended with members of the Orange business sector

Includes Orange Business Chamber, business forum, RENWELD, MBA, orchardists

n

Work with the local retail sector on a shop local campaign each year

87 participating retailers in the Shop Orange program.

n

 

12.2.2

Operate the Orange Airport

On target to meet all performance measures.

Ensure the airport meets requirements of the Civil Aviation Safety Authority and the Office of Transport Security

Staff ensure that CASA and Office of Transport Security requirements are continually met.

n

Ensure annual technical inspection completed

The annual technical exercise is due in March 2020.

n

 

Ensure obstacle-limitation surface survey completed

The OLS (obstacle-limitation surface) Survey has been completed.

n

 

Annual emergency-training exercise completed

Emergency exercise was completed on 9 September 2019.

n

 

12.2.3

Undertake upgrades of Airport precinct

The design of the car park extension is 90% completed.

Car park extension

Design - 90% complete.

n

 

Monitor and report project labour market demandMonitored through meetings with peak employer groups and members of the EDCC.

12.3: Support educational and training opportunities that retain young people, attract new workers and provide local employment

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

12.3.1

Work with industry, business and training organisations to identify current or developing skills shortages and implement strategies to address them

Staff continue to monitor the local labour market conditions and have been actively engaged with Cadia about the upcoming expansion and its likely effect on the labour market and accommodation sector.

Monitor and report project labour market demand

Monitored through meetings with peak employer groups and members of the EDCC.

n

 

Establish Economic Development OfficeCouncil continues to support businesses through other means.

12.4: Partner with key stakeholders to enhance opportunities for local business to grow and prosper

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

12.4.1

Explore avenues to assist business development in the City in conjunction with the Orange Business Chamber or other peak industry organisations

No further action in this quarter. Council continues to support businesses through other means.

Establish Economic Development Office

Council continues to support businesses through other means.

n


13: Transport services, connectivity and infrastructure that support community, tourism, business and industry

 

Delivery of augmented servicesOpportunities are continually monitored. In this period, Council had an opportunity to contribute to the business case for the fast rail assessment.

13.1: Support public and private rail, coach and air services

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

13.1.1

Lobby relevant government authorities for improved transport linkages

During the quarter, Council received correspondence from the Member for Calare, Andrew Gee, advising that Orange City Council would have an opportunity to contribute to the business case for the fast rail business case assessment.

Delivery of augmented services

Opportunities are continually monitored. In this period, Council had an opportunity to contribute to the business case for the fast rail assessment.

n

 

Delivery of augmented servicesOpportunities are continually monitored.

13.2: Support initiatives for improved connectivity between Orange and capital cities and regional towns

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

13.2.1

Investigate opportunities for private sector and public transport improvements

Council continued to monitor opportunities for transport connections.

Delivery of augmented services

Opportunities are continually monitored.

n

 

4: Collaborate - leadership and partnership

 

14: An informed community

 

14.1: Deliver communication that is open, accessible, meaningful and regular across a range of media

Ref

Action

Action Comment

Project/Service

Comment

Status

14.1.1

Promote Council's activities through a range of mediums and media

·  Orange City Council’s online presence continues to increase at a steady rate.

·  During the last quarter approximately 75,285 users visited Orange City Council’s website.

·  The most popular pages included working at Orange City Council and our water resources pages, as well as the Aquatic Centre’s page.

·  Issued an average of 60 media releases.

·  Responded to an average of ten to fifteen media requests per week

·  Issued 2 e-news letters to 928 people.

·  Council’s YourSay site had more than 1,800 visitors.

·  The active YourSay Orange projects during the reporting period included occasional care, what’s your budget idea? help us communicate, and Staff Excellence Awards 2019.

Provide at least one media briefing a week

At least one media briefing/release per week was provided during the quarter.

n

Issue at least one media release a week

Media Releases were issued.

n

Implement a Council-wide style guide

Council's Brand was established last financial year and is progressing towards Council-wide each quarter onwards from then.

n

Issue bulletins through e-news monthly

E-news bulletins were issued.

n

14.1.2

Ensure Council maintains an internet and social media presence

Council continues to maintain an excellent internal and social media presence.

Increase social media engagement and reach by 25% annually

·  Orange City Council has a strong presence across a range of different social media platforms that result in thousands of engagements every week.

·  Through Facebook alone, there has been an average of 90,000 post engagements over the quarter between October and the end of December.

·  Over the past 90 days, any events listed on Councils Facebook page have reached over 22,000 people, and over 300 more people have followed the page which gives them daily insights into any information relevant to Orange City Council, compared to last quarter.

·  Other social media platforms such as Twitter have increased, with profile visits to Twitter increasing by 61 per cent in the past 28 days.

n

Maintain the Council website with weekly updates

Council's website is regularly updated each week.

n

 

14.2: Promote organisational culture that delivers excellent customer service and continuous improvement

Ref

Action

Action Comment

Project/Service

Comment

Status

14.2.1

Provide a highly-responsive customer service function

Provision of a highly-responsive customer service function is progressing well.

Remind staff of their obligations under Council's customer service obligation policy by June annually

Policy review as per the schedule will feed out to staff when in the third quarter.

n

All issues reported via Council's website or by phone/e-mail to Council allocated to relevant staff member within two business days

Issues reported via the website or by phone/email are allocated to relevant staff for attention within two business days.

n

Continue to provide after-hours, call-answering service

Council's after-hours phone service continues to be provided. Council's new provider Alarm Australia has responded well to the after-hours calls and requirements. Feedback from Customer Service staff to Alarm Australia via Building Services has resulted in a better reporting system.

n

Undertake a review of the customer-service and on-line response loop to improve resident feedback and to implement improvements

Ongoing review of customer service with manager and customer service team on a monthly basis to improve procedures.

Total number of calls answered by customer service in the second quarter (1/10/19 – 30/12/19) is 7,999 with 2,418 customer service requests entered.

n

 

14.3: Provide opportunities for widespread and quality engagement and, where appropriate, shared decision-making

Ref

Action

Action Comment

Project/Service

Comment

Status

14.3.1

Establish and support Council meetings, policy committees and Council's community committee network

Support was provided for Council and Policy Committee Meetings and Council's Community Committees over the quarter.

Prepare and distribute agendas and reports for ordinary Council and policy-committee meetings within three business days of the meetings

Agendas, minutes and reports are produced for Council and Policy Committee meetings within the required timeframe.

n

Review Council's community committees

Council resolved to defer review of Committees until next elected Council in September 2020.

n


15: Leaders in our community

 

Establish the annual committee-meeting schedule in September annuallyA report on the annual Policy Committee Structure and community-committee network was provided to Council for determination at its meeting on 17 September 2019.

15.1: Encourage and support residents to pursue leadership roles at Council

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

15.1.1

Establish and support Council meetings, policy committees and Council's community committee network

The annual Policy Committee Structure and community-committee network was adopted by Council at its meeting on 17 September 2019.

Establish the annual committee-meeting schedule in September annually

A report on the annual Policy Committee Structure and community-committee network was provided to Council for determination at its meeting on 17 September 2019.

n

 

Report requests to Council quarterlyReports were considered by Council or by the Finance Policy Committee on 22 October 2019, on 3 December 2019 and on 17 December 2019.

15.2: Support community organisations and groups to deliver services and programs

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

15.2.1

Apply Council's adopted donations and grants policy to support the community

Small Donations Program (Round 3 of 4)

·  $100,000.00 budget

·  $78,218.19 donated to date

Quarter 2 Review

·  7 applications approved totalling $11,249.90

·  1 application deferred pending further information

Major Event Sponsorship Program (Round 2 of 2)

·  $100,000.00 budget

·  $98,148.95 donated to date *

·  $5,437.00 donated to date from Other Sources

·  *Two approved applications totalling $3,000.00 were withdrawn and have been deducted from this total

Quarter 2 Review

·  13 applications approved totalling $73,648.95

·  3 applications approved totalling $5,437.00 from Other Sources

Sports Facility Program (Round 1 of 1)

·  $50,000.00 budget

·  5 applications approved

·  2 applications declined

·  $50,000.00 donated to date (program closed for 2019/20)

Sport Participation Program (Year Round)

·  $13,900.00 budget

·  18 applications approved

·  3 applications declined

·  $6,653.00 donated to date

Report requests to Council quarterly

Reports were considered by Council or by the Finance Policy Committee in this quarter on:

·  22 October 2019

·  3 December 2019

·  17 December 2019.

n

 

Increase engagement with the City's youthNew programs include Dance Rites, Neon Run, music tuition at the Youth Centre.

Report on number of work experience placements and attendance at school and community career eventsSchool based trainee program approved to commence in early 2020.   8 students were accommodated for work experience in the quarter.

15.3: Engage and train young people to develop our future leaders

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

15.3.1

Support the Youth Advisory Council

Youth Council active with stable membership. Youth Council members organized the Glenroi Christmas Party, the Neon Run and support the Youth Centre activities.

Increase engagement with the City's youth

New programs include:

·  Dance Rites

·  Neon Run

·  Music tuition at the Youth Centre.

n

15.3.2

Support work experience and community and school careers events

School based trainee program approved and 8 students accommodated for work experience in the quarter.

Report on number of work experience placements and attendance at school and community career events

School based trainee program approved to commence in early 2020.  8 students were accommodated for work experience in the quarter.

n

 

15.4: Develop and encourage staff to pursue leadership within Council

Ref

Action

Action Comment

Project/Service

Comment

Status

15.4.1

Implement the Workforce Management Plan

Actions during the quarter included:

·  Update of Staff Survey Action Plan progress provided to Staff Consultative Committee.

·  The  Gender Equity Committee developed a Gender Equality Roadmap.

·  Managing Noise, Sun Safe and Travel and Accommodation Policies updated through relevant internal committees.

Employee satisfaction survey

The Staff Consultative Committee were provided an update in December on progress on the Employee satisfaction Survey Action Plan. This included the Internal Communication Working Party, review of Grievance Policy, new format for annual Staff Excellence Awards rolled out and leadership training undertaken.

n

Improvements in gender equality

The Gender Equity Committee has developed a Gender Equality Roadmap in order to develop a strategy and action plan.

n

Review and update corporate values and organisational culture vision

Review is due Quarter 4.

n

Maintain staff health and well-being

·  0 safe work improvement notices in period.

·  22 health and safety inspections with 6 project audits undertaken with a score over 80% for each audit.

·  47 staff attended WHS courses.

·  2 claims for lost time injury.

·  The Managing Noise and Sun Safety Policies were reviewed.

n

Undertake staff capability review

Review due Quarter 4.

n


16: Strong relationships

 

Support local emergency planning in conjunction with key agenciesContinuing to Support Local Emergency Management Committee.

Provide ongoing support and advice to quarterly Bush Fire Management Committee meetings and Bush Fire Liaison Committee meetingsSupport the Rural Fire service through administration of accounts and attending quarterly meetings.

Report activities of the Council showing advocacy on emerging strategic matters important to the City and regionThe Mayor and Senior Executive met with State Government representatives to discuss pertinent matters for the Orange LGA, these included water security, major upcoming projects and funding requirements and ongoing drought issues. Meetings were held in Quarter 2 with the following:



The Hon. Yasmin Catley, Shadow Minister for Rural and Regional Jobs

Senator Matthew Canavan, Minister for Resources and Northern Australia

The Hon. Greg Warren, Shadow Minister for Local Government

The Hon. Shelley Hancock, Minister for Local Government

The Hon. John Sidoti, Minister for Sport, Multiculturalism, Seniors and Veterans

The Hon. Melinda Pavey, Minister for Water, Property and Housing

The Hon. Nolan Merrin, Assistant Minister for Regional Services

James McTavish, NSW Regional Town Water Supply Coordinator (State Government)


16.1: Work in partnership with other councils, regional organisations and State and Federal governments

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

16.1.1

Support the Local Emergency Management Committee

Continuing to work with other government agencies.

Support local emergency planning in conjunction with key agencies

Continuing to Support Local Emergency Management Committee.

n

16.1.2

Support the Rural Fire Service

Continuing to support the Rural Fire service through administration of accounts and attending quarterly meetings.

Provide ongoing support and advice to quarterly Bush Fire Management Committee meetings and Bush Fire Liaison Committee meetings

Continuing to support the Rural Fire service through administration of accounts and attending quarterly meetings.

n

16.1.3

Engage with State and Federal Governments on funding and policy matters

The main focus of meeting with State Government representatives in this quarter was based on water security and drought issues.

Report activities of the Council showing advocacy on emerging strategic matters important to the City and region

The Mayor and Senior Executive met with State Government representatives to discuss pertinent matters for the Orange LGA, these included water security, major upcoming projects and funding requirements and ongoing drought issues. Meetings were held in Quarter 2 with the following:

·  The Hon. Yasmin Catley, Shadow Minister for Rural and Regional Jobs

·  Senator Matthew Canavan, Minister for Resources and Northern Australia

·  The Hon. Greg Warren, Shadow Minister for Local Government

·  The Hon. Shelley Hancock, Minister for Local Government

·  The Hon. John Sidoti, Minister for Sport, Multiculturalism, Seniors and Veterans

·  The Hon. Melinda Pavey, Minister for Water, Property and Housing

·  The Hon. Nolan Merrin, Assistant Minister for Regional Services

·  James McTavish, NSW Regional Town Water Supply Coordinator (State Government)

n

 

Report on meetings and interactions with key lobby groups - including, but not limited to:

- Centroc

- Regional Development Australia

- Inland Forum

- Regional Cities NSW

- Orange360

- Evocities

- NetWaste

- Central West Libraries

- Bathurst Orange and Dubbo Alliance

- Association of Mining-related Councils

- Local Land Services

- Government Ministers and department officers

- LGNSWMeetings were attended by the Mayor, CEO and/or Council staff in this quarter:



Central NSW Joint Organisation (Centroc) – 27/28 November 2019

Regional Development Australia – 8 October 2019

Regional Cities NSW – 21 November 2019

Orange360 – 23 October and 19 December 2019

Netwaste – 1 November 2019 (Joint Recycling Contract & Netwaste Steering Committee), 29 November 2019 (Netwaste Forum Meeting)

Country Mayor’s Association – 1 November 2019

Bathurst Orange ‘City Deals’ Alliance – 2 December 2019

Association of Mining Related Councils – 8 November 2019

Skillset – 29 November 2019

Civic Risk Mutual Forum – 28/29 November 2019


Support opportunities for cultural exchangeThe committee met through the reporting period and a representative who attended the national forum of the Sister Cities Association reported back on key highlights of the event.

Planning has begun for a staff exchange between Orange City Council and Timaru Council in 2020. A round of reciprocal visits early and later in the year are being arranged.

16.2: Advocate for the community to attract external funding to deliver services, facilities and programs

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

16.2.1

Maintain membership of key lobby groups to advance regional priorities

Membership is maintained. Meetings attended are shown in the Comments.

Report on meetings and interactions with key lobby groups - including, but not limited to:

·  Central NSW Joint Organisation

·  Regional Development Australia

·  Inland Forum

·  Regional Cities NSW

·  Orange360

·  Evocities

·  NetWaste

·  Central West Libraries

·  Bathurst Orange and Dubbo Alliance

·  Association of Mining-related Councils

·  Local Land Services

·  Government Ministers and department officers

·  LGNSW

Meetings were attended by the Mayor, CEO and/or Council staff in this quarter:

·  Central NSW Joint Organisation (Centroc) - 27/28 November 2019

·  Regional Development Australia - 8 October 2019

·  Regional Cities NSW - 21 November 2019

·  Orange360 - 23 October and 19 December 2019

·  Netwaste - 1 November 2019 (Joint Recycling Contract and Netwaste Steering Committee), 29 November 2019 (Netwaste Forum Meeting)

·  Country Mayor’s Association -1 November 2019

·  Bathurst Orange ‘City Deals’ Alliance - 2 December 2019

·  Association of Mining Related Councils - 8 November 2019

·  Skillset - 29 November 2019

·  Civic Risk Mutual Forum - 28/29 November 2019

n

16.2.2

Maintain sister-cities relationships with:  Timaru, New Zealand; Ushiku, Japan; Orange, California; and Mt Hagen, Papua New Guinea

Council continues to maintain its sister-cities relationships through its Sister Cities Committee.

Support opportunities for cultural exchange

The committee met through the reporting period and a representative who attended the national forum of the Sister Cities Association reported back on key highlights of the event.

Planning has begun for a staff exchange between Orange City Council and Timaru Council in 2020. A round of reciprocal visits early and later in the year are being arranged.

n


17: Responsible governance

 

Provide advice on key policy and legislative changes as requiredAdvice on key policy and legislative changes was provided where required.

All incoming letters and e-mails to Council's system daily and allocated to appropriate staff member

17.1: Provide representative, responsible and accountable community governance

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

17.1.1

Provide information to Councillors on training and development opportunities

Information on training and development opportunities are provided to Councillors as they arise.

Coordinate with the Mayor and Councillors on the Councillors' training and development plans, as per requirements in the Local Government Act

Councillors attended the following Conferences during this quarter:

·  Local Government NSW Conference 14‑16 October 2019

·  Australian Airports Conference 19‑22 November 2019

·  National Local Roads and Transport Congress 18-20 November 2019

n

Report on complaints under Council's Code of Conduct to Council by December annually

Nil for this quarter.

n

 

17.1.2

Ensure Councillors are made aware of key policy requirements

Key policy advice is provided to Council via reports.

Provide advice on key policy and legislative changes as required

Advice on key policy and legislative changes was provided where required.

n

17.1.3

Maintain a framework of relevant policies and procedures

All Councillor related policies have been updated and adopted.

Operational and Strategic Policies are being moved into Pulse for review and accountability of staff.

Facilitate the review of strategic policies biannually, with:

·  the code of conduct reviewed by March;

·  the code of meeting practice reviewed by April; and

·  Councillors' payment of expenses and provision of facilities policy reviewed by September

Complete.

n

Facilitate the review of operational policies annually

The review schedule is pending movement into Pulse.

n

 

17.1.4

Maintain the delegations and sub-delegations register

Updated Delegations to the Chief Executive Officer - D19/66707 to be adopted by Council 19 November 2019.

Staff Delegations provided to Directors for feedback.

Review delegations to the General Manager in November annually

Delegations to the Chief Executive Officer  have been provided to the  Council meeting of 19 November 2019 for adoption 

n

Update and distribute sub-delegations to staff in December annually

Sub-delegations to Staff report has been provided to Directors for feedback and review and a further report will go to the CEO for a Directors Meeting

n

 

17.1.5

Manage Council's records system

Council's records system is managed towards continual improvement.

All incoming letters and e-mails to Council's system daily and allocated to appropriate staff member

The records team continues to allocate correspondence daily to appropriate staff members, with other staff stepping in to assist during periods of leave.

7,029 individual incoming correspondence records where registered during the period 1 October 2019-24 December 2019.

Staff created 18,080 documents and other records in the electronic records management system for the same time period.

n

17.1.6

Develop and implement the suite of integrated planning and reporting documents

The integrated planning and reporting documents for the next financial year are now being updated so that they will be ready to be presented in draft form to Council at its meeting on 7 April 2020.

Annual minor review of Community Strategic Plan by June annually

Currently being reviewed to be ready for the Council meeting in April 2020.

n

Finalisation of the delivery/operational plan by June annually

This is progressing for its draft to the April Council meeting, then exhibition and then its final to the June Council meeting.

n

 

Review of the resourcing strategies by December annually - via the long-term financial plan, assets planning document and the workforce-management plan

This is progressing in align to the timetable for the budget for next year's financial year.

n

 

Preparation of the annual report by November annually

The annual report was sent to the State Government and placed on Council's website on 29 November 2019. This was ahead of the required deadline.

n

 

Undertake quarterly reviews of the delivery/operational plan and report to Council

Quarter 1 Review was presented to Council at its meeting on 7 November 2019.

n

 

 

Monthly reports to Council on the performance of the investment portfolioAbove set benchmark at 1.99%.

Consideration of actions and efficiencies from the activities identified in the Fit for Future improvement plan reported to the General Manager and used to inform future budgetsConsideration of actions and efficiencies from the activities identified in the Fit for Future improvement plan reported to the Chief Executive Officer and used to inform future budgets.

Business continuity plan tested and reviewed in December annuallyOnce the IT strategy was been reviewed and updated, we will progress with implementation

Annual review of the corporate risk register and report to Council via the Audit and Risk Management Committee

Quarterly reports presented to Council within two months of the end of each quarterQuarter 1 to Council in November 2019 and Quarter 2 to Council in February 2020.

Records system integration with land and property systemAwaiting the completion of the Authority NAR review and cleanup in March 2020 as a precursor to this work. Review of opportunity to commission integration to begin in March 2020.

17.2: Ensure financial stability and support efficient ongoing operation

 

Ref

Action

Action Comment

Project/Service

Comment

Status

 

17.2.1

Achieve maximum return on the investment of Council's funds whilst adhering to all applicable legislative requirements and Council's policy

Monthly investment reports presented to Council during first and second quarter. Due to lack of January meetings, December report goes to February meeting. Returns are currently above the set benchmark.

Monthly reports to Council on the performance of the investment portfolio

Above set benchmark at 1.99%.

n

17.2.2

Review and implement operational efficiency opportunities

Operational and efficiency opportunities are continually reviewed - via organisational strategic planning. Some improvements are also reported quarterly to Council's Audit and Risk Management Committee.

Consideration of actions and efficiencies from the activities identified in the Fit for Future improvement plan reported to the General Manager and used to inform future budgets

Consideration of actions and efficiencies from the activities identified in the Fit for Future improvement plan reported to the Chief Executive Officer and used to inform future budgets.

n

17.2.3

Undertake testing of Council's business continuity plan

Currently reviewing the Information Technology strategy component with Manager Information Technology.

Business continuity plan tested and reviewed in December annually

Once the IT strategy was been reviewed and updated, we will progress with implementation.

n

17.2.4

Maintain the enterprise risk management system

Ongoing review of the ERM system. External provider to be engaged to assist with review and update - engagement pending.

Annual review of the corporate risk register and report to Council via the Audit and Risk Management Committee

Ongoing review of the ERM system. External provider to be engaged to assist with review and update - engagement pending.

n

Compliance reporting quarterly to Directors

Monthly reports are provided to Council's Executive Leadership Team (Directors).

 

Deliver an internal audit program based on corporate-risk issues, with reports on progress against the program made to Council on a quarterly basis

The internal audit program is provided to Council on a quarterly basis through its Audit and Risk Management Committee.

 

Annual report from the Audit and Risk Management Committee in April annually

Due in Quarter 4.

 

17.2.5

Provide financial reporting with reference to the long-term financial plan and the delivery and operational plan requirements

September quarterly review presented to Council in November 2019. December quarterly review will go to a Council meeting in February 2020. Annual statements lodged with OLG by due date of 31 October 2019.

Quarterly reports presented to Council within two months of the end of each quarter

Quarter 1 to Council in November 2019 and Quarter 2 to Council in February 2020.

n

Annual financial statements finalised by November

This task was completed in October 2019.

 

17.2.6

Implement information technology strategy initiatives

There has been a focus over the last three months on strengthening Council's cyber security position and reviewing core enterprise applications against the draft Digital Strategy (Gap analysis). Supporting these high-level roadmap programs have been a number of large operational projects such as hardware refreshes for desktops and production/DR infrastructure, NAR and security roles cleanup, aerial imagery refresh, application implementations (MEX and Promaster) and O365 setup and base platform.

Records system integration with land and property system

Awaiting the completion of the Authority NAR review and cleanup in March 2020 as a precursor to this work. Review of opportunity to commission integration to begin in March 2020.

n

Prepare cybersecurity plan and undertake annual assessment

Penetration testing completed. Roadmap for key elements of the Essential 8 currently being implemented with a number of best practice security changes being made prior to December 2019.

 

CCTV network review and systems-improvement plan

Currently engaged with internal stakeholders to identify the core issues with the network. Conversations started with external suppliers to begin current state review aimed at underpinning recommendations in March 2020.

 

Develop updated digital services and smart city plans to align resident services to expectations and to ensure Council is prepared for the future

Currently reviewing the draft Digital Strategy presented by external consultants with a mind to putting its findings and recommendations into a finalised document that supports OCC strategies. A practical roadmap is currently under development supported by a systems gap analysis.

 

Investigate e-planning initiatives and impacts and potential solution design

Currently reviewing the capabilities of the Authority suite as a potential opportunity to provide a quick win for planners and customers. This will be done in conjunction with the larger gap analysis that's been started January 2020.

 

Customer-relationship management system review

Currently on hold while a full system gap analysis is undertaken.

 

Telemetry-network review and hardware-refreshment program

Production hosting environment refresh complete. Currently at RFQ for Production and DR backup environments.

 

Develop MyCommunity app to provide 24/7 two-way communication between Council and residents

Currently reviewing the draft app's capacity and development status against features and services available in the Authority 7.1 application.

 

 


Council Meeting                                                                                                               18 February 2020

Attachment 2      December 2020 Quarterly Review

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Meeting                                                                                                                 18 February 2020

Attachment 3      December 2020 Major Works Table

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Meeting                                                                                                               18 February 2020

Attachment 4      December 2019 Quarterly Bank Reconciliation

PDF Creator


5.5     LGNSW Tourism Conference 2020

RECORD NUMBER:       2020/211

AUTHOR:                       Catherine Davis, Executive Support Manager    

 

EXECUTIVE Summary

Council has received correspondence regarding the Local Government NSW Tourism Conference 2020 to be held at Jindabyne from Monday 16 March to Wednesday 18 March 2020. Traditionally this is a conference that staff have attended because of its operational nature, however in the interests of tourism and planning at a strategic level the Chair of Employment and Economic Development Committee, Cr Mileto has been asked to attend this year. This report seeks names of other Councillors wishing to attend this Conference.

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

Costs for each Councillor to attend the Local Government NSW Tourism Conference 2020 will include approximately $770 for registration plus accommodation for at least 2 nights.

Policy and Governance Implications

Nil

 

Recommendation

That Council determine Councillor attendee(s) for the LGNSW Tourism Conference 2020 in Jindabyne 16-18 March 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

LGNSW has secured exclusive use of Rydges Horizons Snow Mountains (Jindabyne) as the conference venue and will see this year’s LGNSW Tourism Conference take on a new style program featuring less formal, plenary style presentations and more smaller group workshop style sessions. There will be 12 mini-workshops to select from, with topics of specific interest to regional and metropolitan local government areas and beginner and advanced Destination Management Planning sessions. Council will have at least one staff member attending this Conference.

Please see attached the program for the three day Conference.

Attachments

1          LGNSW Tourism Conference 2020 - Program, D20/6607

 


Council Meeting                                                                                                               18 February 2020

Attachment 1      LGNSW Tourism Conference 2020 - Program

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


5.6     2020 National General Assembly of Local Government - Call for Motions

RECORD NUMBER:       2020/213

AUTHOR:                       Catherine Davis, Executive Support Manager    

 

 

EXECUTIVE Summary

Council has received correspondence regarding the 2020 National General Assembly of Local Government (NGA) to be held 14-17 June 2020 at the National Convention Centre in Canberra. The correspondence calls for motions to the Assembly to be submitted by 11.59pm on Friday 27 March 2020.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “16.2 Collaborate - Advocate for the community to attract external funding to deliver services, facilities and programs”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council determine any motions for submission to the National General Assembly 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

Council staff will put a report to Council in the coming months for the purpose of determining which Councillors wish to attend the NGA.

The NGA provides a platform for Local Government to address national issues and advocate to the federal government on critical issues facing our sector. The theme of this year’s NGA is ‘Working Together for our Communities’.

ALGA received significant feedback on the motions process and topics from the 2019 NGA. In response to the feedback received, ALGA has prepared a discussion paper that explores data which identifies critical areas local government needs to consider now and into the future.

To inform the submission of motions, the discussion paper attached to this report will assist in ensuring motions meet the identified criteria.

To be eligible for inclusion in the NGA Business Papers, and subsequent debate on the floor of the NGA, motions must meet the following criteria:

1        Be relevant to the work of Local Government Nationally.

2        Not be focussed on a specific location or region – unless the project has national implications. You will be asked to justify why your motion has strategic importance and should be discussed at a national conference.

3        Be consistent with the themes of the NGA.

4        Complement or build on the policy objectives of your state and territory local government association.

5        Be submitted by a council which is a financial member of their state or territory local government association.

6        Propose a clear action and outcome i.e. call on the Australian Government to do something.

7        Not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members, or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

 

Each motion will need to be accompanied by the following details:

·    Motion Name

·    National Objective of the Motion – ie. why is this a national issue and why should this be debated at the NGA?

·    Summary of Key Arguments – ie. background information and supporting arguments

 

All motions have to be endorsed by Council prior to submission.

 

 

Attachments

1          National General Assembly 2020 - Call for Motions Discussion Paper, D20/6624

 


Council Meeting                                                                                                               18 February 2020

Attachment 1      National General Assembly 2020 - Call for Motions Discussion Paper

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


5.7     Development Application - DA 332/2019(1) - 185 Leeds Parade

RECORD NUMBER:       2020/250

AUTHOR:                       Andrew Crump, Senior Planner    

 

 

EXECUTIVE Summary

Application lodged

25 September 2019

Applicant/s

Jasbe Petroleum

Owner/s

Mr KW and Mrs MA Brown

Land description

Lot 4 DP 1185665 - 185 Leeds Parade, Orange

Proposed land use

Highway Service Centre, Business Identification Signage, Demolition (remnant farm buildings), Tree Removal, Road and Drainage

Value of proposed development

$6,000,000

Council's consent is sought for the construction and use of a highway service centre which includes a service station, two fast food outlets, driver amenities, in-house dining areas and dedicated truck driver amenities and parking on land described as Lot 4 DP 1185665, known as 185 Leeds Parade (refer Figure 1).

Figure 1: locality plan (subject land shown red outline)

To facilitate the development, a public road is proposed to be constructed running through the site in a north-south direction connecting with the Northern Distributor Road (NDR) to the north; and Leeds Parade to the south. Also a dedicated onsite detention basis is proposed in the south-western corner of the site.

The development is proposed to operate 24 hours a day, 7 days a week.


 

The main areas of consideration in the assessment relate to permissibility (when the application was first lodged – since overcome) traffic, noise and the size of the proposed pylon sign. Additional landscaping is required to ensure the development results in a reasonable fit within the locality.

Overall, the site presents as a suitable location for a highway service centre, with minimal disturbance to the surrounding area that can be appropriately ameliorated via conditions of consent.

Accordingly, the development is recommended for approval subject to the recommended conditions outlined in the attached notice of approval.

DECISION FRAMEWORK

Development in Orange is governed by two key documents Orange Local Environment Plan 2011 and Orange Development Control Plan 2004. In addition the Infill Guidelines are used to guide development, particularly in the heritage conservation areas and around heritage items.

Orange Local Environment Plan 2011 – The provisions of the LEP must be considered by the Council in determining the application. LEPs govern the types of development that are permissible or prohibited in different parts of the City and also provide some assessment criteria in specific circumstances. Uses are either permissible or not. The objectives of each zoning and indeed the aims of the LEP itself are also to be considered and can be used to guide decision making around appropriateness of development.

Orange Development Control Plan 2004 – the DCP provides guidelines for development. In general it is a performance based document rather than prescriptive in nature. For each planning element there are often guidelines used. These guidelines indicate ways of achieving the planning outcomes. It is thus recognised that there may also be other solutions of merit. All design solutions are considered on merit by planning and building staff. Applications should clearly demonstrate how the planning outcomes are being met where alternative design solutions are proposed. The DCP enables developers and architects to use design to achieve the planning outcomes in alternative ways.

DIRECTOR’S COMMENT

The proposed highway service centre 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. 3 submissions were received during exhibition of the development (2 residential neighbours and also the rail corridor operator, John Holland).  The matters raised in the submissions have been addressed with conditions.  Transport NSW provided advice on the development, which included raising concern on some road intersection matters.  Council’s Technical Services Division has reviewed the development and are satisfied the development is acceptable.  The Recommendation of Approval is supported.

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 332/2019(1) for Highway Service Centre, Business Identification Signage, Demolition (remnant farm buildings), Tree Removal, Road and Drainage at Lot 4 DP 1185665 - 185 Leeds Parade, Orange 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 LAND

The land is a large 12.08Ha vacant parcel (save for dilapidated remnant farm buildings/ structures) of former grazing land on the northern side of the City. The land is an irregular semi-circular shaped parcel that is bound by Leeds Parade to the east, a large roundabout to the northeast, the NDR to the north, railway corridor to the west and road reserve and Leeds Parade stub road to the south.

In terms of the surrounding development pattern, there is an observable broad range of surrounding land-uses; there are a number of commercial properties to the north including Bunnings, two service stations and an approved drive-through bottle shop. Undeveloped residential land (currently used for grazing) exists to the east which joins up to the Discovery Hill Estate further south. Beyond the undeveloped residential land lies the NDR and the Narrambla Industrial Estate. The western boundary of the site is separated from nearby residential land by the Operational Rail from Orange Junction to Dubbo; to the south of the site there is an undeveloped commercially zoned triangular parcel.

THE APPLICATION/PROPOSAL

Council's consent is sought to construct and operate a highway services centre which comprises a service station with associated payment area and convenience store, two takeaway food and drink premises (one with a drive-through to be operated by Oporto), in‑house dining area (including a dining area dedicated for truck drivers), public toilets including dedicated truck driver amenities, back-of-house areas such as storage, cool storage, plant and waste enclosure.

The service station component will include two separate refuelling forecourts, one of which will be dedicated to heavy vehicles including 26m B-double sized vehicles, and the other for smaller vehicles. A total of 270,000L of fuel will be stored onsite in three, 90,000L underground petroleum storage tanks.

The highway service centre also includes dedicated parking for passenger sized vehicles (42 parking spaces) and an area dedicated to heavy vehicle parking (9 spaces) (catering for a maximum sized vehicle of 26m in length). Business identification signage and associated landscaping is also proposed.

The highway service centre is proposed to operate 24 hours a day, 7 days a week.

To facilitate the development it is proposed to construct a road through the subject land running north-south that will be dedicated as a public road. The road will connect with the exiting road stub that connects with Leeds Parade to the south and a new connection is proposed with the NDR at the northern end of the site. This connection with the NDR is proposed as a left-in/left-out and is (approximately) opposite the existing access to the Hardware and Building Supplies business (Bunnings) located on the northern side of the NDR.

A detention basin is also proposed in the low point in the south-western corner of the subject land adjacent to the rail corridor.

The removal of three trees: a pear tree, a Prunus, and a eucalypt, is also required as well, as the demolition of two remnant dilapidated farm buildings.

BACKGROUND

The application was first lodged with Council in September 2019. When lodged, the highway service centre straddled the zone boundary (IN2 Light Industrial and SP3 Tourist) and was proposed as a mixed use development comprising both a Highway Service Centre and a Service Station for the purposes of attempting to meet the requirements of the relevant land-use tables for the respective zones.

Following lodgement, Council staff completed the mandatory preliminary appraisal of the application. At this time it was noted that highway service centres are only permissible on land zoned SP3 Tourist.

The applicant presented a case whereby the mixed use development was satisfactory as the service station component of the highway service centre was on land where service stations were permissible (IN2 zoned land); and despite the fact that the pay point and vehicle circulation was on the SP3 tourist land it was permissible in the zone.

Council staff took a contrary view to this analysis and formed the view based on the established planning law of proper characterisation (Chamwell Pty Limited v Strathfield Council (2007)) that the application was for the purposes of a highway service centre (which included a service station as allowed by the definition); rather than the purported mixed use development. Relevantly, the application in the arrangement submitted at that time was considered by staff to be prohibited, and it would have been ultra vires for Council to determine the application with the grant of consent.

The solution to remedy the prohibition was to shift the development such that it was wholly within the SP3 Tourist zoned land (moved further east), provide access to the development through the creation of a dedicated public road and construct a dedicated drainage system.

This has occurred via an amendment to the application (pursuant to clause 55 of the Regulations). Council staff are now satisfied that the development application is permissible.


 

Planning Proposal

As a matter separate to this Development Application, the developer has submitted a proponent driven planning proposal for the same land to which this application relates. The planning proposal seeks to rezone part of the site that is currently IN2 Light Industrial to SP3 Tourist. Effectively, the planning proposal seeks to increase the amount of SP3 Tourist zoned land within the site. The purpose of the rezoning is to facilitate a grouping of food and drink premises in the north-western corner and a further food and drink premises in the south-eastern corner of the subject land. This is shown in the below Figure 2.

The applicants planning proposal is a separate matter to this Development Application and remains in its infancy.   Once the detail of the planning proposal has been worked out, that proposal would be reported to Council for consideration as a pre-gateway process through the Department of Planning, Industry and Environment. The planning proposal is accompanied by an acoustic assessment, traffic assessment and an environmental site study.  The highway service centre Development Application under consideration only relates to the area within the blue square in Figure 2 below.  The rezoning proposal is only discussed to give Council context of the likely future development of this precinct.

Figure 2: proposed rezoning and possible future uses should the rezoning be adopted

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.


 

There are four triggers known to insert a development into the Biodiversity Offset Scheme (ie the need for a BDAR to be submitted with a DA):

·    Trigger 1: development occurs in land mapped on the Biodiversity Values Map (OEH) (clause 7.1 of BC Regulation 2017);

·    Trigger 2: development involves clearing/disturbance of native vegetation above a certain area threshold (clauses 7.1 and 7.2 of BC Regulation 2017); or

·    Trigger 3: development is otherwise likely to significantly affect threatened species (clauses 7.2 and 7.3 of BC Act 2016).

The fourth trigger (development proposed to occur in an Area of Outstanding Biodiversity Value (clause 7.2 of BC Act 2016) is generally not applicable to the Orange LGA; as no such areas are known to occur in the LGA. No further comments will be made against the fourth trigger.

Trigger 1

The subject land is not identified on the Biodiversity Values Map.

Trigger 2

The subject land has been extensively grazed over many years, with predominantly improved pastures and no evidence of native grass cover. The removal of one native tree does not exceed the relevant clearing threshold.

Trigger 3

With regard to the third trigger, the test for determining whether proposed development is otherwise likely to significantly affect threatened species is listed in the BC Act 2016, under s7.3:

(a)     in the case of a threatened species, whether the proposed development or activity is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction,

(b)     in the case of an endangered ecological community or critically endangered ecological community, whether the proposed development or activity:

(i)      is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

(ii)     is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,

(c)     in relation to the habitat of a threatened species or ecological community:

(i)      the extent to which habitat is likely to be removed or modified as a result of the proposed development or activity, and

(ii)     whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed development or activity, and


 

(iii)    the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species or ecological community in the locality,

(d)     whether the proposed development or activity is likely to have an adverse effect on any declared area of outstanding biodiversity value (either directly or indirectly),

(e)     whether the proposed development or activity is or is part of a key threatening process or is likely to increase the impact of a key threatening process.

With regards to the above provisions, the development is unlikely to significantly affect threatened species or their habitats, nor is it likely to adversely impact upon any endangered ecological communities. The land has a long history of being used for grazing purposes and remains so to date. The land is currently zoned part light industrial/ part tourist, so there is inherent expectation that the land would be development to its highest and best use at some point in time beyond what it is currently being used for.

The land is not identified on Council’s high biodiversity mapping, nor is the land a declared area of outstanding biodiversity value. The subject land is largely devoid of any native vegetation save for a single eucalyptus tree. There are no observable habitat links/ vegetation corridors to or from the land. The land is more or less surrounded by highly disturbed urban environments with limited habitat potential. Given the characteristics of the site and the minimal level of habitat provided on the land, the proposed development does not involve a key threatening process that could threaten the survival or evolutionary development of a species.

The development thus is considered satisfactory in regards to section 7.3 of the Biodiversity Conservation Act.

Section 4.15

Section 4.15 of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s4.15(1)(a)(i)

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under subclause 2. Those relevant to the application are as follows:

(a)     to encourage development which complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

(b)     to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Orange in a way that allows present and future generations to meet their needs by implementing the principles for ecologically sustainable development,


 

(c)     to conserve and enhance the water resources on which Orange depends, particularly water supply catchments,

The application is considered to be consistent with aims (a), (b) and (c) as listed above.

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 Part IN2 Light Industrial/Part SP3 Tourist

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.

The subject land was created as part of a three lot subdivision of the land previously described as Lot 9 DP 655813. The three lot subdivision was for the purposes of acquiring land under the Roads Act (for the construction of the NDR).


 

In 2003 the subject land was held in vinculum with a triangular parcel on the northern side of the NDR (Bunnings site). The two lots were separated onto individual titles in 2003. At this time a restriction was placed on the title of the subject land that effectively prohibited all access to the NDR and Leeds Parade, except by the Leeds Parade extension that has since been constructed. The authority to vary or modify the relevant restriction is Orange City Council.

At the time of assessing the Bunnings development application, Council staff accepted a left‑in/left-out access off the NDR. Council’s Technical Services Division has accepted a similar arrangement for the development the subject of this application.

Relevantly, a report was prepared for Council where it was resolved as follows:

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.

As such, upon the grant of consent for this development application the subject restriction may be extinguished.

There is also a sewer main traversing the low section in the south-western corner of the subject land. The proposed development does not affect this Council asset but will need to connect to it.

Part 2 - Permitted or Prohibited Development

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

The subject site is split zoned and comprises both IN2 Light Industrial zoned Land and land zoned SP3 Tourist. The arrangement of zoning over the land is shown below.

Figure 3: zoning map


 

The proposed development is characterised as a highway service centre, business identification signage, demolition, tree removal, road and drainage under OLEP 2011, each use is defined below.

highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—

(a)   a restaurant or cafe,

(b)   take away food and drink premises,

(c)   service stations and facilities for emergency vehicle towing and repairs,

(d)   parking for vehicles,

(e)   rest areas and public amenities.

business Identification Signage means a sign—

(a)     that indicates—

(i)      the name of the person or business, and

(ii)     the nature of the business carried on by the person at the premises or place at which the sign is displayed, and

(b)     that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not contain any advertising relating to a person who does not carry on business at the premises or place.

road - means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.

drainage - means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.

Demolition and tree removal are addressed elsewhere in this report.

As described above under the heading “Background”, when the application was first submitted to Council the development was proposed as a mixed use development comprising inter alia a highway service centre and a service station which was positioned within the site, whereby the two land-uses straddled the zone boundary.

Council staff formed the view that the development was most appropriately characterised as a highway service centre (comprising a service station and other land-uses) rather than a mixed use development. Highway service centres are expressly prohibited on IN2 Light Industrial zone land. As such, that part of the highway service centre that was situated on the IN2 Light Industrial zoned land was prohibited, which effectively caused the whole development to be prohibited.

The remedy to overcome the prohibition was to shift the entirety of the highway service centre (including those elements that are essential to the function of the highway service centre - ie the access, parking, manoeuvring etc) onto the land zoned SP3 Tourist.

The applicant amended the development accordingly and included a dedicated public road to serve as access to the development. The arrangement of the development is shown in the below figure:

Figure 4: the proposed development and its relationship with zoning

Highway service centres, business identification signage, demolition, tree removal and roads are all permissible in the SP3 Tourist zone.

Roads are also permissible in the IN2 Light Industrial zone.

The drainage area is permissible as an innominate permissible use on the land zoned IN2 Light Industrial.

It is noted that the highway service centre includes those components that are expressly allowed under the definition, ie service station, café or restaurant, takeaway food and drink premises, parking for vehicles and rest areas, and public amenities.

Council can be satisfied that the development in the manner before it is permissible in the respective zones.

Clause 2.3 of LEP 2011 references the Objectives for each zone in LEP 2011. These objectives for the relevant zones are as follows:

1  Objectives of zone SP3 Tourist

·   To provide for a variety of tourist-oriented development and related uses.

·   To cater for the needs of the travelling public.

The development is not inconsistent with the above objectives of the SP3 Tourist zone. The development will primarily provide a service to the travelling public as a rest stop.


 

1 - Objectives of the IN2 Light Industrial Zone

·   To provide a wide range of light industrial, warehouse and related land uses.

·   To encourage employment opportunities and to support the viability of centres.

·   To minimise any adverse effect of industry on other land uses.

·   To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

·   To support and protect industrial land for industrial uses.

The development is not incongruous with the objects of the IN2 Light Industrial land. It is acknowledged that the only development occurring on the IN2 land relates to the road and drainage system.

Clause 2.7 - Demolition Requires Development Consent

The application involves the demolition of two remnant dilapidated farm buildings. The applicant has sought consent for the demolition of the farm buildings.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

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 relate to excavation (cut and fill) necessary for the development to sit appropriately upon the land and to function in a practical way in terms of vehicles accessing level fuel filling areas, accessible floor levels within the main building, providing the new road with an adequately functioning intersection with the NDR and the creation of a stormwater detention basin. The extent of excavation is shown in the below cut/fill plan submitted with the application.

Figure 5: cut/fill plan

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. Council has been in consultation with John Holland Rail who administer the rural rail network as they had concerns initially in regards to the conveyance of stormwater through the rail corridor once it leaves the OSD. Council’s Technical Service Division has prepared a condition of consent to address this issue, and this is attached to the notice. JHR have responded formally with an acceptance of the relevant condition. This is further addressed in the submissions section below.

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 as shown in the submitted environmental site study. It is noted that some asbestos material has been identified which needs to be removed and relevant conditions are attached to address this. Conditions are imposed requiring the use of verified clean fill only. Excavated materials should reused onsite as far as possible and conditions are imposed to require that surplus materials will be disposed of to an appropriate destination.


 

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.

The site is not known to contain any Aboriginal objects; or European or Archaeological relics as confirmed by an AHIMS search. Previous known uses of the site do not suggest that any relics are likely to be uncovered. However, Council’s standard conditions are imposed to ensure that should site works uncover a potential relic or artefact, works will be halted to enable proper investigation by relevant authorities and the proponent required to seek relevant permits to either destroy or relocate the findings.

The site is not in proximity to any waterway, drinking water catchment or sensitive area. Notwithstanding this, conditions are imposed that require a sediment control plan, including silt traps and other protective measures, to ensure that loose dirt and sediment does not escape the site boundaries during construction.

The extent of excavation is considered satisfactory.

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 detention basin in the south-western corner of the site. It is therefore considered that the post-development runoff levels will not exceed the existing pre-development levels.

In accordance with the EPA Practice Note: Managing Run-off from service station forecourts all stormwater will be required to pass through an appropriate stormwater treatment unit before leaving the site. The application contains preliminary engineering design which shows a trade waste line adjacent to each set of bowsers going to a SPEL Puraceptor with a capacity of 21,600L is proposed “subject to final engineering design”.

In accordance with the relevant practice note, Council no longer allows forecourt run-off to be treated as trade waste and enter Council’s sewer. All run-off needs to be appropriately treated and then leave the site as stormwater.

Council’s Technical Services Division has attached relevant conditions in relation to the treatment of stormwater.


 

The conditions will require such things as a bunded area around the bulk fuel decanting/fill point to allow for an area or catchment of 9,000L (being the size of one compartment within a fuel delivery tanker) around the fill point. Additionally, the forecourt areas under the two canopies where the bowsers are located should also be appropriately bunded so as to keep water from high risk areas (areas where surface water is likely to be more contaminated, ie adjacent to bowsers) separate from other areas such parking and manoeuvring.

Relevant conditions are attached which require this detail to be submitted with the application for engineering approval prior to the issue of a Construction Certificate.

7.6 - Groundwater Vulnerability

This clause seeks to protect hydrological functions of groundwater systems and protect resources from both depletion and contamination. Orange has a high water table and large areas of the LGA, including the subject site, are identified with “Groundwater Vulnerability” on the Groundwater Vulnerability Map. This requires that Council consider:

(a)     whether or not the development (including any onsite storage or disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and

(b)     the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.

Furthermore consent may not be granted unless Council is satisfied that:

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

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

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

The proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems. Relevant conditions are attached in relation to the operation of the service station in terms of fuel spills, treatment of forecourt surface water and the like.

The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion. The design and siting of the proposal avoids impacts on groundwater and is therefore considered acceptable.

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 onsite conservation,

(e)     suitable road access.

In consideration of this clause, all utility services are available to the land and adequate for the proposal. As noted below, the application will require the augmentation of the electricity line traversing through the eastern half of the site. It will need to be relocated underground. So too will part of the power line running around the eastern corner of the site and along the northern boundary. Relevant conditions are attached in regards to the augmentation of the power lines.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy (Infrastructure)

State Environmental Planning Policy (Infrastructure) is applicable to the development given the presence of electricity infrastructure and the fact that the development is categorised as traffic generating development. Commentary is also provided in relation to the development’s proximity to the adjacent rail corridor. To this end the following clauses of the SEPP apply:

Clause 45 Determination of development applications—other development

(1)     This clause applies to a development application (or an application for modification of a consent) for development comprising or involving any of the following—

(b)     development carried out—

(iii)    within 5m of an exposed overhead electricity power line,

The subject land is effected by three power lines: a 66kv line runs parallel to the rail corridor on the western boundary, an 11kv line runs through the site in a north-south direction slightly to the east of the centre of the subject site, and a further line runs along the northern boundary and part of the curved boundary adjacent to the NDR/Leeds Parade roundabout and then along the NDR boundary.

The latter two mentioned power lines will need to be adjusted such that they are no longer impeding on the development. The applicant has indicated that they will be placed either underground (north-south line) or relocated (the line running along the northern boundary). Relevant conditions are attached.

The application was sent to Essential Energy as required by clause 45 of the SEPP. A response was received which provided the following:

We refer to Council’s correspondence seeking comment from Essential Energy in relation to the proposed development at the above property.

Strictly based on the documents submitted and provided the Applicant relocates the powerlines to a location suitable to Essential Energy (at their cost solely), Essential Energy has no comments to make as to potential safety risks arising from the proposed development.

Essential Energy makes the following general comments:

·   If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment;

·   Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property should be complied with; and

·   In addition, Essential Energy’s records indicate there is electricity infrastructure located within the property. Any activities within this location must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure.

·   Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW).

·   Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets.

Essential Energy’s standard requirements detailed above are included as part of the consent.

Clause 86 Excavation in, above, below or adjacent to rail corridors

Clause 86 relates to excavation in, above or adjacent to a rail corridor. It specifies, amongst other provisions, that any excavation to a depth greater than 2m that is within 25m of the rail corridor requires the concurrence of the rail authority, in this case John Holland Rail. In discussions with JHR it has been confirmed by the applicant and re-affirmed by Council’s Technical Services Division that the construction of the detention basin does not trigger a concurrence requirement. That being said, to reinforce this a condition is attached that prevents any excavation greater than 2m within 25m of the rail corridor.

JHR were notified of the development under a separate function of the Act as an adjoining owner, and as such their formal submission is addressed under that section below.

Clause 104 Traffic generating development

Clause 104 of the SEPP obligates Council to consult with Transport for NSW (formerly RMS) for certain developments that are categorised as “traffic generating development”. With reference to schedule 3 of the SEPP, service stations involving heavy vehicles, regardless of the category of road that provides access (Classified road or a local road), are determined to be a type of traffic generating development. Relevantly, Council provided notice of the application to RMS and requested their response.

An initial response was received from RMS which the applicant prepared a response to. Following this a formal submission was received from RMS.


 

The formal submission begins by reminding Council that the role of RMS in this instance is purely advisory, and that concurrence is not required as the development does not have frontage to a classified road. The submission then lists a number of matters that are summarised below, and a response from Council Technical Services Division is provided following each point.

·   Maximum size of vehicle – the development has been designed to cater for a maximum sized vehicle equivalent to a 26m B-Double. RMS has suggested that as there is a desire to allow larger vehicles (up to a 30m B-Double) on the Mitchell Highway, consideration should be given to design this development to accommodate such a vehicle.

Council staff comment

The larger vehicle being a PBS 2B (30m) is a performance based vehicle size which tracks in the same way a 26m B-Double does. As such, the only consideration relates to the additional length of vehicle (additional 4m in length). Relevantly, it is considered that there is appropriate stacking distances from the heavy vehicle refuelling area, and the 9 heavy vehicle parking spaces could accommodate a 30m vehicle if a vehicle of that size was to start using the NDR at some point in the future.

·   Intersection treatment in Leeds Parade – the RMS suggests that the intersection treatment be designed for an 80km/h road and be in accordance with Part 4A of Austroads Guide to Road Design 2017.

Council staff comment

Council staff agree with the above suggestion. Council’s Technical Services have assessed the proposed intersection treatment and have advised that it is adequate (subject to detailed engineering design). This is further addressed below under the likely impacts section of the report.

·   Intersection treatment and impacts to nearby properties – the RMS has suggested that consideration needs to be given to the potential impacts on exiting access points to nearby properties. The RMS notes the existing arrangement for the owners of Lot 7 DP 1065309, noting that this property owner currently enjoys the ability to turn right into their property and this may be compromised as a result of the intersection treatment.

Council staff comment

This is addressed below under the consideration of a submission from the owners of the subject property.

·    Acceleration lane on the NDR – the RMS suggest that the acceleration lane on the NDR be designed for a PBS-2B 30M vehicle.

Council staff comment

Noted – this will be assessed at Construction Certificate stage. The proximity of the rail overpass is likely to be the limiting constraint to the length of the acceleration lane, however it is not expected to drop the intersection level of service to an unacceptable standard. Consultants SIDRA’s analysis indicates an ‘A’ intersection level of service.

·   Length of acceleration lane – the RMS have suggested that with the existing road barrier and the rail overpass, there physically may be insufficient room to accommodate the length of acceleration lane required by Austroads. Following on from this point, the RMS raises a second related point that an insufficient acceleration lane will result in car propping and merging in moving traffic, which could give rise to added risk taking behaviour of drivers.

Council staff comment

As noted above, the NDR intersection level of service is considered to be an acceptable standard and is not likely to promote risk taking by drivers.

·   Future expansion – the RMS flagged that the future redevelopment of the adjoining residential land, and the rezoning and further development of the land the subject of this application will have further impacts on the future capacity of the road network, including level of service.

Council staff comment

Traffic impacts from future development of adjoining residential land will be assessed at the time of lodging a DA. Traffic assessment for proposed service station development indicates sufficient spare capacity in the existing Leeds Parade roadway/intersection. The approved future residential intersection access is located closer to the NDR roundabout than the existing dwelling access.

·   Level of service of Leeds Parade/NDR Roundabout – related to the above dot point the RMS has flagged that the future redevelopment of the immediate local area will have an impact on the above referenced roundabout’s level of service.

There is no evidence of a measurable loss of intersection capacity/level of service at existing NDR intersection from adjoining development. The NDR roundabout appears to operate at an ‘A’ level of service with sufficient spare capacity.

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.


 

A detailed environmental site study has been submitted in support of the development. The study provides a detailed history of the previous uses of the site, being for the purposes of agriculture. The study identifies some possible areas of concern, including the location of a sheep dip, a burnt/charred area, an area of uncontrolled fill and the presence of asbestos material within the internal driveway.

A detailed study of soil samples was undertaken and the results conclude that the site is suitable for the proposed highway service centre use. The report did acknowledge the presence of asbestos material and relevant conditions are attached in relation to the clean‑up and clearance of the land in accordance with SafeWork requirements.

Council can thus be satisfied that the land is suitable for accommodating the proposed commercial development, subject to the asbestos material being dealt with.

State Environmental Planning Policy 64 - Advertising and Signage

State Environmental Planning Policy 64 - Advertising and Signage (SEPP 64) is applicable given the application involves the installation of business identification signage. The proposed signage includes the following:

·   Pylon sign – 12m high by 4m wide displaying fuel prices (content of sign other than the display of fuel prices not shown).

·   Projecting front entrance sign displaying the business name “Oporto Orange” and the Oporto logo.

·   Parapet/fascia signage displaying the business name “Oporto” and the business carried on “flame grilled Portuguese chicken”.

·   Two further parapet/fascia signs (businesses yet to be confirmed): one sign will relate to the service station operator and the other relates to the second fast food outlet.

·   Fascia signage on fuel forecourt canopy roof (operator to be determined).

·   Directional signage.

Given that the operators of the service station and one of the food outlets are unknown at this stage and therefore the content is not confirmed, to ensure the development has an appropriate fit within the locality and to control any unsolicited general advertising, a condition is attached that requires all signage displayed on the land to be consistent with the definition of Business Identification Signage as defined in Orange LEP 2011.

Relevantly the following provisions are applicable to the assessment of the proposed signage.

3        Aims, Objectives etc

(1)     This Policy aims:

(a)     to ensure that signage (including advertising):

(i)      is compatible with the desired amenity and visual character of an area, and

(ii)     provides effective communication in suitable locations, and

(iii)    is of high quality design and finish, and


 

The proposed signage is not inconsistent with the above Aims, objectives, etc. of the plan except where explicitly stated otherwise.

(8)     Granting of Consent to Signage

A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:

(a)     that the signage is consistent with the objectives of this Policy as set out in clause 3 (1) (a), and

(b)     that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.

As stated above the signage is consistent with of the plan and a schedule 1 assessment of carried out below.

1 - Character of the Area

·    Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

·    Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

The area is characterised as an emerging commercial precinct on the northern edge of the City. The land to the west and to the east of the subject land is zoned residential (noting the land to the east is currently being used for the grazing of livestock).

To the northwest and northeast of the site sits the Clergate Road Industrial Estate and the Narrambla Business Park respectively.

To the north of the site there is a large hardware retailer (Bunnings). To the east of Bunnings there is a small cul-de-sac known as Hanrahan Place; within Hanrahan Place there are two service stations, an approved (yet to be built) drive-through bottle shop and a large truck depot.

Signage in the area relates to the nearby commercial and industrial uses and is typically pylon signage, wall signage and fascia signage.

It is noted that Council has historically insisted upon pylon signage within the City not exceeding 6m in height. This has been applied consistently with the two service stations in Hanrahan Place. At the time of determining the Bunnings development Council staff recommendation was to limit the height of the pylon sign associated with that development to not more than 6m.

It is noted that the court required this also for the North Orange McDonalds. Council in their determination allowed the pylon sign to a height of 12m.

As such, there is a variation in the height of pylon signs in the locality.

In consideration of the above comments, and for the reasons detailed below, the pylon sign is recommended to be reduced in height to not more than 8m and reduced in width to not more than 3m wide. Relevant conditions are attached.


 

2 - Special Areas

·    Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

The area is not charactered as any of the areas listed above.

3 - Views and Vistas

·    Does the proposal obscure or compromise important views?

·    Does the proposal dominate the skyline and reduce the quality of vistas?

·    Does the proposal respect the viewing rights of other advertisers?

The proposed signage will not obscure any significant views, nor will it dominate the skyline, save for the pylon sign which is addressed in more detail below. No viewing rights will be impinge as a result of the proposed signage.

4 - Streetscape, Setting or Landscape

·    Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

·    Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

·    Does the proposal reduce clutter by rationalising and simplifying existing advertising?

·    Does the proposal screen unsightliness?

·    Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

·    Does the proposal require ongoing vegetation management?

The natural topography of the land and the required earthworks will mean that the buildings on the land will sit much lower than the road level of the NDR. The pylon sign will sit at close to the same level as the NDR, meaning the pylon sign (at 12m in height) will extend well above the height of the buildings on the land.

It is for this reason that it is recommended that the pylon sign be reduced in height by 4m from 12m to not more than 8m in height, and 3m in width. Doing so will result in far better outcome in terms of signage integration and visual impacts within the locality.

All other signs proposed within the development are considered to have an acceptable level of streetscape compatibility and are commensurate with other signage within the immediate area.

5 - Site and Building

·    Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

·    Does the proposal respect important features of the site or building, or both?

·    Does the proposal show innovation and imagination in its relationship to the site or building, or both?


 

Except for the pylon sign, the signs are reasonably well proportioned in relation to their host building.

It is noted that the central Oporto sign extends well above the height of the main building (2.4m above parapet level) and is more a blade wall sign than it is an architectural feature. Council staff have in the past not supported these “architectural elements” being included in the final design. However, in this circumstance, given the orientation of the building presenting to the new internal public road and the generous separation distances from Leeds Parade and the residential properties on the western side of the rail corridor, allowing the projecting wall sign would not result in any significant detrimental impacts in the locality. This has been accepted by staff based on a merit assessment and should not be seen as the establishment of a precedent.

The pylon sign at the height proposed would have a far greater impact in the locality, and to reiterate the comments above, the pylon sign should be reduced in height and width.

6 - Associated Devices and Logos With Advertisements and Advertising Structures

·    Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

No safety devices etc are proposed.

7 - Illumination

·    Would illumination result in unacceptable glare?

·    Would illumination affect safety for pedestrians, vehicles or aircraft?

·    Would illumination detract from the amenity of any residence or other form of accommodation?

·    Can the intensity of the illumination be adjusted, if necessary?

·    Is the illumination subject to a curfew?

The signage is proposed to be illuminated. A curfew would not be suitable given the 24/7 operation. To ensure the proposed illuminated signage does not impact upon road users or nearby sensitive receivers, a relevant condition is attached.

8 - Safety

·    Would the proposal reduce the safety for any public road?

·    Would the proposal reduce the safety for pedestrians or bicyclists?

·    Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

The proposed signage will not present any safety issues, the position of the proposed pylon sign will not impede safe sight distances for vehicles exiting onto the public road.


 

State Environmental Planning Policy 33 – Hazardous and Offensive Development

Given the nature of the development involving the retail sale and dispensing of fuel which is a dangerous good (noting that diesel in not included in the consideration of dangerous goods for the purpose of SEPP 33 unless it is stored with other class II or III goods – which it is in this case), consideration of the provisions of SEPP 33 (and associated guidelines) and the development’s applicability to those provision is required.

A detailed SEPP 33 analysis has been provided with the application which, based on the volumes of fuel stored onsite (based on the applicable SEPP 33 calculations) and the distances from adjoining boundaries, concluded that the development falls outside of the potentially hazardous category based on the screening thresholds methods (refer below figure).

Figure 6: excerpt of screening threshold assessment from SEPP 33 report

The screening threshold assessment provided above is predicated on a distance calculated from the nearest boundary outside of the development site. The document titled “applying 33” directs one to calculate to the nearest site boundary (refer Applying SEPP 33, pp. 3, 15 and 33) (in other words boundary of the development site), in this case 11m to the NDR from the heavy vehicle diesel dispensary to the north of the site. As such, the revised corrected graph (in the opinion of staff) looks like the following:


 

Figure 7: staff assessment of screen threshold by volume/distance

Notwithstanding the above dispute of the SEPP 33 analysis, the development still sits just outside the applicable volumetric threshold that would cause the development to be treated as a potentially hazardous development. Moreover, accounting for the line thickness and a reasonable margin of error in the preparation of the above graph, at the very worst, the development would sit on or slightly below the sensitive line. Given the surrounding context and setting being predominately commercial, with nearby residential land well separated from the development site and further separated by large road and rail corridors, the area is not considered a sensitive area. Based on this, the development sits well outside the “other uses” potentially hazardous region.

Council can be satisfied that even utilising this more conservative interpretation of SEPP 33 held by Council staff, the development in not considered potentially hazardous under a volumetric threshold test.

In terms of the delivery threshold, the SEPP 33 analysis suggests that the development would be appropriately serviced by not more than three deliveries per week, meaning the development sits well below the delivery thresholds of 750 annual deliveries.

Notwithstanding the fact that the development is not potentially hazardous (and therefore SEPP 33 does not apply) a preliminary hazard analysis (PHA) has been completed for the development. It provides a number of recommended safety measures and environmental controls that should be applied to the development. As such, as a way of ensuring that the development is as safe as possible for humans and the broader environment, a condition is attached under the matters ongoing section of the consent that requires the development to be carried out in accordance with the terms of the PHA. A further condition is imposed that requires the design, construction and management of the development to occur in a manner consistent with all applicable legislation, Australian Standards and relevant Policies.


 

State Environmental Planning Policy (Vegetation in Non-Rural Areas)

The application involves the removal of three trees, and as such the SEPP (Vegetation in Non-Rural Areas) applies, specifically clauses 9 and 10 which state:

9 - Vegetation to which Part applies

(1)     This Part applies to vegetation in any non-rural area of the State that is declared by a development control plan to be vegetation to which this Part applies.

(2)     A development control plan may make the declaration in any manner, including by reference to any of the following—

(a)     the species of vegetation,

(b)     the size of vegetation,

(c)     the location of vegetation (including by reference to any vegetation in an area shown on a map or in any specified zone),

(d)     the presence of vegetation in an ecological community or in the habitat of a threatened species.

10 - Council may issue permit for clearing of vegetation

(1)     A council may issue a permit to a landholder to clear vegetation to which this Part applies in any non-rural area of the State.

(2)     A permit cannot be granted to clear native vegetation in any non-rural area of the State that exceeds the biodiversity offsets scheme threshold.

Consent has been sought to remove the subject trees as part of this application rather than as part of a separate permit process. As such, Council’s DCP (Chapter 0 – Tree Preservation Orders) is applicable and is addressed below.

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).


 

Council staff are not aware of any contamination on adjoining land. In any event, a detailed environmental site study has been submitted with the application which does not identify any contamination emanating via external pathways impacting the site.

Draft Orange Local Environmental Plan 2011 - Amendment 24

Draft Amendment 24 of Orange LEP 2011 was formally placed on exhibition from Friday, 26 July 2019, for a period of 28 days.

The subject land is included in Amendment 24 as it has been identified in the Floodplain Risk Management Study as follows:

Lot 4 DP 1185665 - 185 Leeds Parade, Orange has been identified within the Overland Flow area but pursuant to the draft study is not above floor inundated in a 1% AEP flood event.

In any event the development site is well separated from the identified area. Council’s Technical Services Division has not raised objections to the proposed development in terms of a flood liability.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The application has not been submitted to Council as an integrated development. It is noted that the development sits well below the threshold that triggers a licence under the Protection of the Environment Operations Act (applicable threshold being 2,000 tonnes of petroleum - the development sits at 37.86 tonnes).

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s4.15(1)(a)(iii)

Development Control Plan 2004

Development Control Plan 2004 (“the DCP”) applies to the subject land. An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

Chapter 0 - Local Environmental Plan

The Part 0.4-11 Planning Outcomes for Transport Routes are applicable as follows:

·    The development provides a high standard of visual appeal to motorists, cyclists and pedestrians as well as adjoining property owners.

·    The visual appearance of the development, including any signage, lighting or other ancillary element, must not generate a distraction to motorists.

·    Any signage must not be animated whether by movement or flashing lights.


 

The site is a prominent site adjacent to the NDR, and as such the architectural design of the development is of high importance. It is considered that the proposed development will provide a reasonable standard of visual appeal for motorists, cyclists and pedestrians, as well as adjoining properties. The proposed buildings are modern and simple in form, and are consistent with the design of other service stations and takeaway food and drink premises, both in the immediate area and the wider region. The proposed style, materials and detailing of the buildings, fuel canopies and proposed signage are considered appropriate (subject to a reduction in the size of the pylon sign) for the site and surrounding area. The setbacks and building heights of the development have been designed so as to maintain a reasonably pedestrian-friendly scale. This is further achieved by the difference in levels with the finished surface levels under the canopy over the heavy vehicle refuelling area sitting much lower than the footpath/road level of the NDR. Meaning the bulk of the canopy will appear less when viewed from the NDR.

As noted previously in this report, the height of the pylon sign needs to be restricted to 8m by condition of consent to ensure that it is not overly dominant in the streetscape. Relevant conditions are also recommended to ensure that lighting associated with the development is appropriately sited or shielded so as to not cause unreasonable glare or distraction to motorists.

·    Where land has more than one street frontage the street with the lower volume of traffic is to provide the principal access to the development, subject to safety considerations.

·    Where access is provided onto an arterial road, distributor road or major collector road, the access point must have appropriate safe sight distances for the prevailing speed limit and clear and unimpeded entrance/exit signage must be displayed.

·    Where onsite customer parking is provided that is not immediately visible from a public road clear and unimpeded directional signage must be displayed.

The subject land has frontage to both Leeds Parade and the NDR. Council’s Technical Services Division has agreed to a left-in/left-out access onto the NDR from the proposed public road. A detailed assessment of traffic impacts has been provided later in this report under the heading “Likely Impacts”.

Parking for passenger sized vehicles is located at the front of the main building on the land and is therefore immediately apparent to customers. The truck parking is located to the east of the main building and as such will not be immediately apparent to truck drivers travelling east, but will be apparent to drivers travelling in other directions. Notwithstanding the comment regarding drivers traveling east, as there is no ability to turn right from the NDR into the site, drivers will need to continue on to the NDR/Leeds Parade roundabout, complete a U-turn (or turn right into Leeds Parade) and return back onto the NDR in a westerly direction, at which time the area for truck parking will be easily viewed.


 

It is noted that the only way to access the truck parking area is through the heavy vehicle forecourt area and under the canopy of the dispensing area. Consequently, in the event all of the heavy vehicle bowsers are occupied, a truck driver wanting only to park and purchase food for example, would need to wait until a space is available to drive past the bowsers and around to the rear of the main building. This is more an operational issue; it is unlikely that this will cause unreasonable impacts on the public road. There is reasonable stacking distance at the heavy vehicle refuelling area to cater for this scenario.

·    Where the proposal is residential, or another noise sensitive form, appropriate noise mitigation measures to limit the development from traffic noise must be demonstrated.

Not applicable, as the proposed development is not residential or another noise sensitive use. Potential noise impacts to nearby residential zones is addressed later in this report under the heading “Likely Impacts”.

Chapter 0 – Tree preservation

As mentioned above, the proponent is seeking consent to remove three trees, namely; a pear tree, a prunus and a eucalypt. The applicant has not submitted an arborist report in support of the tree’s removal as there is no dispute as to health of the subject trees, it simply is required for the development to proceed in the chosen location.

The applicant has offered several replacement native trees endemic to this region as mitigation for the removal of the subject trees as part of the broader landscape plan. The appropriateness of this subject landscape plan is addressed in detail below.

Council staff raise no objection to the removal of the subject trees.

Chapter 2 – Natural Resource Management

Chapter 2 of the DCP provides planning outcomes for stormwater quality, groundwater quality, soil resource management, vegetation management, and flora and fauna management; all of which have been previously considered in the LEP and biodiversity assessments.

Chapter 3 - General Considerations

Chapter 3 of the DCP provides planning outcomes of a general nature. Those of relevance to this assessment relate to cumulative impacts, scenic landscape, urban areas and energy efficiency. These are all addressed elsewhere within this report. Cumulative impacts are addressed later in this report under the heading “Likely Impacts”. Energy efficiency is addressed through a condition that requires a report addressing Section J of the Building Code of Australia to be submitted.


 

Chapter 10 - Special Uses and Roads Zones

The Part 10.3-1 Planning Outcomes for Development Near Major Roads are applicable as follows:

·   Development on land fronting and visible from a major road or distributor road provides for quality design on the highway and/or distributor road through landscaping, building setbacks, façade design, external colours and materials and siting.

The development is proposed on land fronting the NDR, and as such the visual quality of the development is critical. As mentioned elsewhere in the report, the finished levels of the development site will be much lower than the levels of the NDR (it is noted that the site levels out as one gets closer to the roundabout), meaning that the buildings on the land will be appreciated at lower height from the NDR, particularly from the west.

Setbacks of the development are appropriate, the heavy vehicle refuelling area canopy is 10m from the front boundary (NDR road reserve boundary).

A landscape plan has been submitted in support of the application. The plan was referred to Council’s Manager City Presentation for comment. The referral concluded that the provision of landscaping is inadequate for the scale of the development. As such, it is recommended that a row of ornamental trees be planted within the setback area to the NDR. The trees should be selected cognisant of the new location of the power line and should be planted at 10m centres.

In terms of the selected species the following comments are made:

·    The Eucalyptus microcarpa Inland Grey Gum / Grey Box should deleted as it is not endemic to this area. Alternatives are Eucalyptus rubida, E bridgesiana or E viminalis.

·    The Bird of Paradise – Strelitzia parvifolia Small Leaf Strelitzia is not a species tolerant of heavy frosts and should be removed and substituted with a more appropriate species eg New Zealand Flax.

It is noted that the submitted plan provides for expansive areas of turf. Given current climatic conditions consideration should be given to hydro-seeding and mulching in lieu of turf.

Relevant conditions are attached in relation to the requirement for an amended landscape plan.

Given the established context and setting of the locality; the design and siting of buildings, car parking areas, driveways and the like; the characteristics of the site with it being much lower than the level of the NDR for part of the site’s frontage; and the additional requirements in relation to landscaping of the site; the development is considered satisfactory with regards to the above planning outcome.

·   Commercial buildings adjoining a distributor road are setback from the property by at least 10m.

The building closest to the NDR, being the heavy vehicle refuelling area canopy, is set back 10m from the NDR in compliance with the above planning outcome.


 

·   Lighting and signage visible from a distributor road is not animated and is designed so as not to distract motorists beyond glance recognition.

A condition of consent is recommended to ensure that the lighting of the premises and signage will be carried out in accordance with AS 4282‑1997 - Control of the Obtrusive Effects of Outdoor Lighting. A detailed discussion of signage has been carried out previously in the SEPP 64 assessment. Overall, the design of the highway service centre and its signage will not unreasonably distract motorists travelling along the NDR. It is noted that none of the proposed signs are designed to be animated or flashing type signs. In any event a condition is attached to reinforce this.

Chapter 14 – Advertising

An assessment of the relevant Chapter 14 planning outcomes is provided below:

·    The location, size, colour and design of advertisement complement the character of the locality.

·    Advertisements on buildings fit within the envelope of the building.

·    Freestanding pole or pylon signs relate to the height of associated buildings in business and industrial areas.

·    High-Profile Areas - Business identification signs complement the character of the locality.

As set out in the SEPP 64 assessment earlier in this report, a condition of consent is recommended restricting the height of the proposed pylon sign to 8m in height and 3m in width to ensure that the sign is consistent with the scale of the development and other signage within the vicinity, and to maintain residential amenity to the residentially zoned land to the east and west of the site. In addition, the requirement to reduce the height of the pylon sign will ensure a consistent approach to advertising along the NDR. Subject to this change/condition, the proposed signs meet the requirements of SEPP 64 and the advertising planning outcomes of the DCP.

Chapter 15 - Car Parking

Part 15.6-1 Planning Outcomes for Off-Street Car Parking apply as follows:

·    Adequate off-street car parking is provided in accordance with the Table or, alternatively, according to an assessment that demonstrates peak-parking demand based on recognised research.

·    Car-parking areas are designed according to Australian Standard.

·    Car-park areas include adequate lighting and landscaping (preferably deciduous shade trees), which provide for the personal security of users.

·    Bicycle parking facilities are provided according to the relevant Australian Standard.

·    Facilities for loading and unloading of commercial vehicles are .provided according to the relevant Australian Standard.


 

The DCP sets out the minimum car parking requirements for a service stations and fast food outlets, which are:

Service station:

·   3 spaces for each workbay

·   1 space per 25m² of gross floor area (GFA) of shop, convenience store or payment area.

Fast food outlets with drive-through facilities:

·   the greater of 1 space per 2 seats (internal seating) or

·   1 space per 3 seats (both internal and external seating),

·   plus an extension area for queuing of cars for a drive-through facility (queue length of 5 to 12 cars measured from pick-up point). There should be a minimum of 4 car spaces for cars queued from the ordering point.

The applicant has submitted a ‘Traffic Assessment Report’ which provides the following assessment.

The parking requirements for the Stage 1 development have been assessed against the Orange City Council (Council) DCP 2004. Car parking requirements are set out within Part 15 Car Parking in the Orange City Council DCP 2004.

Car parking requirements for the proposed development are summarised in Table 4.1.

Table 4.1 indicates that the proposed development is required to provide a minimum of 42 car parking spaces including 12 spaces for the proposed service station (and convenience store) and 30 spaces for the proposed fast food premises.

The proposed development includes a proposed parking provision of 42 car parking spaces. The proposed car parking provision is therefore compliant with Council’s minimum parking requirements.

Council staff concur with the above table and thus are satisfied with the provisions of onsite parking.


 

It is noted that there is an additional area of seating dedicated to truck drivers: there are 18 seats and therefore a requirement of 9 spaces is generated. There are 9 heavy vehicle parking spaces proposed. It is noted that the DCP does not require heavy vehicle parking for developments; however, given the nature of the development, the provisions of heavy vehicle parking is satisfactory.

As mentioned above, the arrangement of buildings, the relationship of parking areas to buildings and the internal circulation of vehicles (small and large vehicles) is well considered, the arrangements means that heavy vehicles and passenger sized vehicles are more or less segregated throughout site; the only time the two different sized vehicles could come into contact is at the entrance of the site or once back on the public road network.

It noted that the RMS guide to traffic generating development recommends that the total number of parking spaces for a highway service centre be split 50/50 between trucks and passenger sized vehicles. Basically, compliance with the RMS guide would mean that an additional 12 truck spaces would need to be provided and only 21 passenger sized car spaces would need to be provided. Council staff consider this to be an imbalance in parking allocation. What the proponent has proposed is an oversupply of 9 (truck) spaces when applying the DCP (noting that the DCP does not require developments to provide heavy vehicle parking). It is also noted that the RMS guide deals with highway service centres that also provide separate overnight accommodation, which makes sense; whereas this development is not contemplating such facilities.

As such, the car and truck parking provisions, car and truck parking area design and the onsite circulation are satisfactory.

The queuing length for the proposed drive-through associated with one of the fast food outlets (to the pick-up point) allows 13-14 vehicles to queue in compliance with the DCP. The queuing distance to the ordering point allows for queueing of approximately 5-6 cars in excess of the DCP requirements. A waiting bay will also be provided just past the collection point, and this bay is not included in the above queuing calculations.

The Traffic Assessment Report confirms that the car parking areas have been designed in accordance with the relevant car parking standards, including bay widths, aisle widths, turning bays and accessible spaces.

As noted previously, a condition of consent is recommended ensuring that all lighting is designed and installed in accordance with AS 4282 1997 “Control of the Obtrusive Effects of Outdoor Lighting.” The lighting of the premises is unlikely to create an adverse impact for users of the NDR or Leeds Parade. Landscaping is considered in detail above.

Despite the fact that the DCP does not require bicycle parking for this type of development; given the pedestrian connectivity to the site; and the nature of the development providing fast food type uses, it is considered reasonable to require the provisions of bicycle parking. Accordingly, a condition is attached that requires the provision of at least 6 off-street bicycling parking spaces. These should be in close proximity to the main entrance of the main building on the site.

Loading/unloading arrangements and the garbage collection area have been designed and sited in a way whereby minimal disturbance to the ongoing operation of the development is likely to arise. All loading/unloading and garbage collection can occur with vehicles entering and leaving the site in a forward gear.


 

Overall it is considered that the proposed development meets the planning outcomes for car parking and loading requirements. Wider traffic impacts are considered in greater detail below under the heading “Likely Impacts”.

SECTION 64 WATER AND SEWER HEADWORKS CHARGES

The highway service centre includes a service station and takeaway food and drink premises. Both of these development types require the levying of water and sewer headworks charges pursuant to Section 64 of the Local Government Act. Relevant conditions of consent are attached in relation to these payments.

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)

BASIX is not applicable to the proposed development. A Section J energy efficiency statement will be required with the Construction Certificate application.

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

Context and Setting

The subject land is a large irregular shaped vacant parcel (save for two dilapidated remnant farm buildings) that is bound by the NDR to the north, Leeds Parade to the east and south, and the rail corridor (Dubbo Line) to the west.

The surrounding development pattern includes a variety of uses from the residential area to the west (separated from the subject land by the rail corridor), Bunnings to the north, two service stations, an approved (yet to be built) drive-through bottle shop and a truck depot (with industrial land beyond) to the northwest, further industrial land to the northeast, and undeveloped residential land to the east (separated by Leeds Parade) currently used for grazing purposes.

The subject land is zoned partly for tourism purposes and partly for light industrial uses, and as such there has been a strong likelihood that this land would be further developed in the manner proposed (or at least similarly) at some point since the zoning was established in 2012.

With the above in mind, the proposed development is not incongruous with the surrounding context and setting.


 

Traffic, Access and Parking

A traffic impact assessment report has been submitted in support of the application which provides the following conclusion:

This traffic impact assessment report relates to a proposed service station, drive-through fast food outlet and convenience store with associated car parking at 185 Leeds Parade, Orange. The key findings of the report are presented below.

·   The development proposal seeks the construction of a new service station with a total of four fuel dispensers for light vehicles (i.e. eight pumps) and heavy vehicle fuel dispensers for three vehicles up to 19m AVs. The development also includes a drive-through fast food outlet and parking for cars and trucks.

·   The DCP requires the proposed development to provide 42 car parking spaces. It is proposed to provide 42 cars spaces (including two accessible spaces) and nine truck spaces. In addition, the driveway through fast food restaurant provides queuing room for 13-14 vehicles and is compliant with DCP requirements for driveway through facilities. 

·   The proposed parking facilities will be designed in accordance with design requirements as set out in AS2890.

·   Vehicle access to the development is off a new internal access road that would provide access to a new retail and commercial precinct that includes the proposed development as Stage 1. The internal access road is to be developed as part of the Stage 1 development and would include a;

o left-in/left-out intersection at the Northern Distributor Road, with a deceleration lane provided for vehicles turning left into the site and acceleration lane for vehicles turning left out of the site

o a give-way intersection at Leeds Parade with left-in and right-in deceleration lanes into the site.

·   The proposed development is estimated to generate 310 and 330 vehicle trips per hour in the morning and evening peak periods respectively, with a conservative volume 50% anticipated to be pass-by trips.

·   SIDRA Intersection modelling has been undertaken to assess the capacity of the site access points at the Northern Distributor Road and Leeds Parade, with consideration of background traffic growth to the year 2028. The modelling indicates that the proposed site access points would operate well.

Overall, the traffic and parking aspects of the proposed development is considered to be satisfactory.

Council staff generally agree with the above conclusions and provide the following assessment:


 

Traffic

Traffic impacts associated with development generally relate to the development’s effect on the surrounding existing road network and its ability to function at pre-development levels. This development has four main areas of consideration in terms of traffic impacts, namely: the new connection with the NDR, the new connection with the existing Leeds Parade stub and resultant intersection treatment in Leeds Parade, the additional load on the NDR roundabout from traffic re-entering the NDR from Leeds Parade after leaving the development, and the operation of the new public road through the site.

The NDR connection – Council’s Technical Services Division has reviewed the proposed intersection and advises that: the proposed NDR access is considered satisfactory in terms of sight distance and separation from the roundabout lanes. The NDR intersection shall consist of a CHL design (left in and left out). Traffic assessment by the applicant indicates that the acceleration and deceleration lanes are satisfactory.

Leeds Parade Intersection – the section of Leeds Parade where the intersection treatment is proposed is currently 80Km/h speed. Council’s Technical Service Division advises that the RMS has conducted a number of speed reviews along the subject section of Leeds Parade; and those reviews were found to be acceptable and that available stopping sight distances exceed the minimum requirements for an 80km/h zone. As such the proposed intersection treatment at Leeds Parade is considered acceptable.

NDR Roundabout – It is acknowledged that the development will lead to an increased demand on the level of service of the NDR/Leeds Parade roundabout, with vehicles leaving the development onto Leeds Parade traveling north up to the roundabout, Council’s Technical Services Division has not raised objection to this, indicating the roundabout is more than capable of catering for the additional traffic as a direct result of this development.

New Public Road – the new public road will need to be designed to meet Council’s standard requirements detailed in the subdivision and development code. Additional to the standard requirements, Council’s Technical Services Division also requires traffic calming devices to be installed within the proposed road to act as a deterrent for the new road being used as a “rat run” to avoid the NDR/Leeds Parade roundabout. The traffic calming devices will be determined by Council at the detailed engineering phase and will likely involve the installation of speed humps at approximately 150m centres. There are no aspects of the proposed public road that would give rise to unreasonable traffic impacts in the locality.

It is noted that in order to create the public road, a Subdivision Certificate is required to be obtained by the applicant.

B-Double route – it is noted that Leeds Parade and obviously the new public road are not roads on the gazetted B-Double route map. This will need to be adjusted prior to the development operating. Council’s Technical Services Department advise that this is quite a straight forward task.


 

Access

Access to the site is provided by the creation of a dedicated public road. The subject road is considered satisfactory. The development is designed in a manner whereby all vehicles can enter and leave the site in a forward gear. The positioning of the tank farm fill points does not prevent a heavy vehicle from entering the heavy vehicle dispensing area if a fuel delivery was occurring.

The arrangement of access points, the arrangement of buildings, the design of the internal circulation and parking arrangements are well considered. There is a distinct delineation of areas between smaller passenger sized vehicles and larger heavy vehicles, meaning the likelihood of a passenger vehicle conflicting with a heavy vehicle is very low.

Parking

The developments adequacy in terms of onsite parking is addressed above.

Pedestrian Connectivity and Safety

The applicant will be required to modify the existing bike path adjacent to the NDR and construct an internal footpath in accordance with Council requirements. A pedestrian footpath will be constructed for the full length of the new road on the service station side.

To ensure the safety of pedestrians within the site, a deliveries and waste collection plan is required to be prepared.

Noise Impacts

An acoustic report has been submitted in support of the proposed development which identifies the following sensitive receivers:

Figure 8: excerpt from Atkins Acoustics noise assessment report showing sensitive receivers

Noise sources identified in the acoustic report relate to mechanical plant (air conditioners, fridge and freezer condensers and the like) and onsite transient activities such as speech, cars moving, truck doors closing, trucks moving and the like.


 

The report provides the following assessment and recommendations:

Modelling for assessing noise from the Service station, convenience store and fast food … has demonstrated:

o Noise from the plant and equipment with appropriate selection, design and installation satisfies assessment goals form NPfI procedures developed for controlling intrusive noise impacts and managing ambient noise creep from cluster development;

o Noise from transient onsite car, light vehicles and associated customer activities satisfies the NPfI recommended screening test (52dBA);

o Nosie from transient onsite trucks and associated activities satisfies the EPA Road Nosie Policy recommended screening test (60-65dBA).

Recommendations

The results and findings of the noise modelling are based on the following:

o Assessment goals established from NPfI procedures developed from controlling intrusive noise impacts and managing ambient noise creep from cluster developments;

o Mechanical plant selections, design and installation satisfy the acoustic performance referenced in chapter 5;

o Air-conditioning and refrigeration condensers installed at ground level in screened areas; and

o Signage installed with respect to minimising noise form trucks brake air release and accelerating whilst onsite and leaving the site.

The acoustic report concludes that a CC acoustic design review would be required.

Council’s Environmental Health officers have carried out a critical appraisal of the acoustic assessment and have concluded that the development is acceptable in terms of noise impacts within the locality subject to the following conditions:

·    A post occupation commissioning report is required to be undertaken within three months of occupation of the highway service centre. The report is to identify the development’s compliance or non-compliance with the NSW Noise Policy for Industry. Should a non-compliance be identified, then suitable mitigation works will be required to achieve compliance within 28 days of the date of the commissioning report.

·    A condition is imposed which restricts delivery and waste collection times for the development to the following:

-    Fuel tanker deliveries are only to occur between 6am and 12am,

-    Other deliveries are only to occur between 6am and 12am,

-    No deliveries or servicing are to occur at night time from 12am to 6am, and

-    Waste collection is restricted to weekdays between 7am and 6pm.

Subject to appropriate selection of mechanical plant at the detailed design stage and the above referenced conditions; the development is considered acceptable in terms of noise impacts.

Air Quality

During construction it will be necessary for the applicant to control dust from escaping the site. Additionally, given the presence of asbestos material it will be essential that any dust likely to contain asbestos material needs to be appropriately managed in accordance with SafeWork requirements and Council’s Asbestos Management Plan.

During operation of the highway service centre, specifically the service station, the applicant submits that a vapour recovery system (incorporating VR1 and VR2 systems) will be incorporated into the design of the dispensing units.

Given the siting of the development and the generous separation distances from residentially zoned land (both developed and undeveloped residential land) coupled with relevant conditions of consent regarding matters such as the asbestos clean-up, vapour recovery, sediment control plan and the like, the development is considered acceptable in terms of air quality.

Visual Impacts

The development is appropriately sited on the land so as to reduce the likelihood of any visual impacts. The natural slope of the land and the height differential between the adopted finished floor levels and surface of the NDR will mean the development will be partly obscured from the NDR when traveling from the west. The slope reduces as you approach the NDR/Leeds Parade roundabout, and therefore the buildings on the land become more visually exposed. However, the separation distances from these vantage points and the appropriate setbacks to buildings, siting of buildings and landscaping (as conditioned) will result in a development that sits appropriately in the landscape with acceptable visual impacts.

Environmental Impacts

The development is not likely to give rise to any unsatisfactory environmental impacts in the locality. The removal of one native tree is not likely to significantly affect any threatened species, habitat or any endangered ecologically communities.

In terms of the operation of the development and the likelihood of an occurrence of environmental harm or a pollution event, this is considered quite low, particularly given the condition requiring the development to be carried out in accordance with the submitted PHA which provides measure to deal with such things a spill and the like. This, coupled with the conditions as required by the EPA practice note referenced above, will result in a development that is satisfactory in regards to environmental impacts.

Crime Prevention and Security

Typically, crime prevention is achieved by delineating public and private areas, providing physical barriers (territoriality) and surveillance opportunities (both natural surveillance and closed circuit television recordings). The development is considered acceptable in regards to crime prevention. The public and private spaces will be well demarcated and the orientation and openness of the site will allow reasonable opportunities for natural surveillance.


 

Notwithstanding this, it is considered appropriate to require a plan of management for the ongoing operations of the site that details the necessary measures, such as:

·    adequate staff training;

·    holding an incident register on the site (including complaints);

·    installation of a ‘panic button’ for emergencies;

·    24 hour CCTV surveillance (recorded and made available for NSW Police on request);

·    money handling procedures;

·    theft procedures;

·    external lighting;

·    clear sightlines to forecourt; and

·    restricted staff areas.

A relevant condition is attached in regards to a plan of management.

With respect to the required plan of management, the development is considered acceptable in relation to safety, security and crime prevention.

Cumulative Impacts

Cumulative impacts of a development can arise under four typical scenarios, namely:

·    time crowded effects where individual impacts occur so close in time that the initial impact is not dispersed before the proceeding occurs

·    space crowded where impacts are felt because they occur so close in space they have a tendency to overlap

·    nibbling effects occur where small, often minor impacts, act together to erode the environmental condition of a locality and

·    synergistic effects, where a mix of heterogeneous impacts interact such that the combined impacts are greater than the sum of the separate effects.

Whilst it has to be accepted that one or more of the above scenarios could arise occasionally under extreme circumstances, such scenarios would be infrequent and within community expectations. The majority of the time the level of cumulative impact would be acceptable given the way in which the development has been designed and the way in which it is intended to be operated; coupled with the recommended conditions of consent such as the allocation of delivery times. Thus, Council staff are satisfied that the development is acceptable with regards to cumulative impacts.

Waste Management

A suitably sized and located area for storage and the collection of waste generated by the various operations of the development is provided adjacent to the drive through entry. The proponent will need to enter into a separate commercial waste agreement for the collection of waste. Council staff raise no objections to the proposed waste management arrangements.


 

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

The site is suitable for the proposed development. The development is permissible in the zone and represents a compatible land-use in the locality on what is currently underutilised land. Anecdotally, there is a need for this type of facility that caters for heavy vehicles. At present a number of large vehicles travelling east on the NDR park informally on the shoulder adjacent to the Woolworths site. This is not considered a suitable long term arrangement for heavy vehicles. It is noted that there are really no opportunities for large vehicles travelling west to pull off the NDR at present. This development will provide suitable access, parking arrangements and amenities for drivers of large vehicles, as well as drivers of smaller vehicles.

Council Staff are not aware of any natural, physical of technological hazards that would unreasonably constrain the development from occurring in a satisfactory manner.

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

The proposed development is defined as "advertised development" under the provisions of the LEP. The application was advertised for the prescribed period of 14 days and at the end of that period three submissions were received.

Submission 1 – John Holland Rail (JHR) (administrator of adjoining rail corridor)

An initial submission was received from JHR which identified a number of concerns, namely;

·   construction impacts on the adjoining rail corridor;

·   excavation adjacent to the rail corridor and the possibility of the development requiring concurrence;

·   increased traffic travelling across the rail overpass;

·   stormwater management concerns regarding the conveyance of water from the proposed detention basin into the rail corridor;

·   use of cranes in the air space over the rail corridor;

·   fencing and security of the rail corridor;

·   light, external finishes and design of the development and its impacts on users of the rail corridor;

·   prohibition of access to the rail corridor during construction and operation of the development.

Council staff requested that the applicant provide a response to the above matters, which occurred. The response was provided to JHR with additional commentary from Council staff; following which a further submission from JHR was received by Council indicating that all matters were taken to be resolved, save for the matters regarding construction impacts.

As such, an advisory note is attached that requires the proponent’s contractors to furnish to JHR a risk management plan and detailed safe work method statements for their review and comment prior to construction.


 

For completeness, in relation to the other matters:

·   It was confirmed that the OSD did not involve excavation to a depth greater than 2m within 25m of the rail corridor (JHR accepted this advice).

·   Staff from Council’s Technical Services Division spoke directly with representatives from JHR in relation to their traffic concerns. At the end of those discussions their concerns were allayed.

·   In relation to stormwater, an agreement was reached whereby a condition of consent was to be imposed to appease their concerns regarding stormwater entering the rail corridor.

·   The last four matters are addressed by way of conditions of consent.

Submission 2 – owner of 198 Leeds Parade

The submitter expresses disappointment that another service station is proposed in the vicinity of the two existing service stations, and suggests that this development would better suited “further down or up the NDR” as it would disperse traffic more evenly in the submitter’s opinion.

The submitter also highlights the likelihood of increased traffic, noise and light spill as a result of the development. Additionally, the submitter raises safety concerns and the impacts the proposed intersection treatment will have on their existing access.

The submitter makes the comment that they accept the proposal subject to the following:

·   Installation of at least 100m of 6 foot wood panelling and planting of native trees along the existing fence line of my property at 198 Leeds Parade.

·   Reduce the speed limit along Leeds Parade to the Distributor road to 50Km/h.

·   Construct a turning lane on Leeds Parade (to the driveway) to allow safe entry to my residence.

Council staff comment

In relation to the above submission, whilst this development represents the third service station proposal for this locality, the development represents permissible development on the SP3 Tourist zoned land. Council does not have the legal ability to control the concentration of a particular development type in an area.

In relation to the concerns regarding traffic, noise and light spill, these are addressed above and appropriate conditions are attached to ensure the development is acceptable.

In relation to the three requested conditions:

·   In relation to the first suggested condition, Council does not have the legal ability to require works to be carried out on adjoining land. Council can legally only control any likely impacts within the development. It would be ultra vires to insist upon the fence being installed. In any event, Council’s Environmental Health Officers have carried out an assessment of the likely noise impacts and found that the development will be acceptable subject to certain noise related controls and additional acoustic testing.


 

·   In relation to the second suggested condition regarding a reduction in speed in Leeds Parade, Council’s Technical Services Division advises that the RMS have carried out a number of speed reviews for this section of Leeds Parade and found that the current speed limit is acceptable. Additionally, Council’s Technical Service Division has advised that the intersection will be design to the required standard for an 80km/h road.

·   In relation to the request for a turning lane into the submitter’s property, Council’s Technical Services Division advises that the existing intersection treatment with Leeds Parade is currently a basic turn treatment (BAL/BAR intersection). The proposed intersection treatment will require line-marking/widening to suit an auxiliary left turn and channelised right turn for vehicles exiting Leeds Parade into the site (AUL/CHR).

The CHR line-marking will extend past the existing property access. The existing access requires owners to cross double barrier lines. As noted below, the future residential subdivision access will be located closer to the NDR roundabout and away from the CHR line marking.

This will not change the current situation (turns into and out of the property across barrier lines are legal).

Figure 9: location of subject access within Leeds Parade

Submission 3 – Owner of Lots 3, 4, 6 and 7 DP 1065309

The submitter highlights their ownership of land in close proximity to the subject land, particularly the parcel at the southern end of the site on the southern side of the Leeds Parade road reserve, and suggests that the development will impact on the continued enjoyment of the identified parcel. Additionally, the submitter predicts that trucks will park in Leeds Parade - preventing access to his land.

The submitter also raises:

·   Concerns for his son’s (author of submission 2) access to his property and the impacts that may occur as a result of the proposed intersection treatment in Leeds Parade.

·   Concerns in relation to site access and the possibility of accidents occurring. The submitter suggests a speed reduction from the existing 80km/h to 60km/h for Leeds Parade.


 

·   Concerns in relation to noise, and suggests again that a speed reduction could help reduce noise impacts.

·   Concerns in relation to light pollution, and provides the assumption that further street lights will be provided in Leeds Parade to reduce the incidence of vehicles using high beam.

·   Concerns in relation to pollution, both general waste and the requirement for adequate bins placed around the locality; and the possibility of contaminated runoff entering Council’s stormwater system. The submitter references the EPA practice note – Managing Forecourt Runoff from Service Stations. The submitter suggest increasing the size of the OSD basin and that bunding should exceed the EPA’s suggested requirements.

The submitter also provides commentary in relation to the inclusion of Lot 5 DP 1065309 stating that they “do not agree to the land being included in the proposed development”.

Council staff comment

In relation to the first matter listed above, conditions are attached during construction that ensure the continued access to the submitter’s property. In relation to the comment regarding trucks parked in Leeds Parade, Council staff do not expect this to occur as there is truck parking provided within the site. Should it occur and it is identified as a problem once the development is operational, the matter can be addressed via the Traffic Committee where No Standing signs can be installed.

In relation to the submitter’s concern regarding access to his son’s property, this is addressed above under the submission 2 response and in also in relation to the RMS submission.

In relation to the request to reduce the speed of Leeds Parade to address potential traffic and noise impacts, traffic and noise are addressed in detail throughout the report; and it is determined that subject to certain relevant conditions, the development would be acceptable in relation to traffic and noise impacts.

Light spill is addressed via the imposition of a condition requiring all external lighting to be installed and operated in accordance with the relevant Australian Standard.

In relation to pollution, conditions are attached in relation to the distribution and placement of litter bins within the development. Additionally there is a condition on the applicant to prepare and furnish to Council for approval a Litter Prevention Management Plan that details the procedure and protocols for ensuring that litter and waste within the site is appropriately managed.

In relation to the comment regarding stormwater run-off from the forecourt area, this is addressed above under the heading “Stormwater Management”.

In relation to the size of the OSD basin, this will be appropriately sized for the development at the detailed engineering design stage.

In relation to the last comment regarding Lot 5 DP 1065309, Council records show that this parcel is in the same ownership as the land to which the application relates. In any event, the application was amended to delete all references to Lot 5 DP 1065309. For the avoidance of doubt, the only land to which the application relates is legally described as Lot 4 DP 1185665.

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. From the foregoing section 4.15 assessment of the development it can be concluded that the development is acceptable in its locality.

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, D20/7250

2          Submissions, D20/6989

3          Notice of Approval, D20/7585

 



Council Meeting                                                                                                                 18 February 2020

Attachment 1      Plans

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator





Council Meeting                                                                                                               18 February 2020

Attachment 2      Submissions

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Meeting                                                                                                18 February 2020

Attachment 3      Notice of Approval

 

ORANGE CITY COUNCIL

 

Development Application No DA 332/2019(1)

 

NA20/                                                                    Container PR26131

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

 

Development Application

 

  Applicant Name:

Jasbe Petroleum

  Applicant Address:

C/- Peter Basha Planning & Development

PO Box 1827

ORANGE  NSW  2800

  Owner’s Name:

Mr KW & Mrs MA Brown

  Land to Be Developed:

Lot 4 DP 1185665 - 185 Leeds Parade, Orange

  Proposed Development:

Highway Service Centre, Business Identification Signage, Demolition (remnant farm buildings), Tree Removal, Road and Drainage

 

 

Building Code of Australia

 building classification:

 

To be determined by the certifier

 

 

Determination made under

  Section 4.16

 

  Made On:

18 February 2020

  Determination:

CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

 

 

Consent to Operate From:

19 February 2020

Consent to Lapse On:

19 February 2025

 

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)      To ensure the utility services are available to the site and adequate for the development.

(6)      To prevent the proposed development having a detrimental effect on adjoining land uses.

(7)      To minimise the impact of development on the environment.

 

 

 

 

Conditions

 

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

(a)      Plans by Peter Basha Planning and Development reference 19047DA dated 10 December 2019 sheets 1 to 4 (including aerials) (7 sheets)

Plans by MCHP Architects Drawing No. 18-076 DA01 Revision J; 18-076 DA02 Revision G; 18-076 DA03 Revision E; 18-076 DA04 Revision D; 18-076 DA05 Revision C (5 sheets)

Landscape Plan by Taylor Brammer, Job No. 19-260s Drawing No. 19-260s-L001 Revision A and 19-260s-L002 Revision A (2 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.

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

(4)      An amended landscaping plan shall be submitted to, and be approved by Council’s Manager Development Assessments prior to the issue of a Construction Certificate. The amended plan shall provide for additional ornamental trees to be planted within the 10m setback area from the Northern Distributor Road. The selected trees shall have a mature height of 10m – 12m; and the subject trees shall be planted at 10m centres for the full extent of the front setback area between the eastern side of the proposed road to the NDR / Leeds Parade roundabout. Consideration shall be given to the placement of the additional trees having regard to any overhead power lines that may exist and are not being relocated as part of this development.

Additionally, the following amendments to the landscape plan shall be made:

·    The Eucalyptus microcarpa Inland Grey Gum / Grey Box should shall be replaced with either Eucalyptus rubida, E bridgesiana or E viminalis.

·    The Bird of Paradise – Strelitzia parvifolia Small Leaf Strelitzia is not a species tolerant of heavy frosts and shall be replaced with a more appropriate species eg New Zealand Flax.

NB given the current climatic conditions and the applicable water restrictions (at the time of determination – Level 5 restriction are in place) the turf shown on the plan may be substituted for hydro-seeding and mulched. Should the town’s water situation improve and turf is able to be watered at the time the landscaping is being installed, turf should be installed.

 

(5)      A safety, security and crime prevention plan of management shall be prepared which outlines the measures that are to be implemented for the development in relation to safety, security and crime prevention. The plan of management must detail measures such as, but not limited to:

·    adequate staff training;

·    holding an incident register on the site (including complaints);

·    installation of a ‘panic button’ for emergencies;

·    24 hour CCTV surveillance of all areas of the development (liaison with Orange Police shall be undertaken to determine the length of time vision from the CCTV is to be stored onsite and made available to the Police);

·    money handling procedures;

·    theft procedures;

·    external lighting;

·    clear sightlines to forecourt; and

·    restricted staff areas.


The safety, security and crime prevention plan of management shall be submitted to and approved by the principle certifying prior to the issue of a Construction Certificate. The management plan shall also make provision for the fast food outlets.

 

(6)      The proposed pylon sign located adjacent to the Northern Distributor Road boundary shall be reduced in size such that it is not higher than 8m and not wider than 3m. The revised pylon sign shall be shown on the plans submitted with an application for a construction certificate.

 

(7)      The design and construction of the service station component of the highway service centre shall be carried out in accordance with all relevant Legislation, relevant Australian Standards, relevant policies and the like.

 

(8)      The exterior building materials used on the proposed building shall be non-reflective materials.

 

(9)      Detailed plans and specifications are to be provided specifying the proposed fitout of the food preparation and storage areas in accordance with the requirements of Australian Standard 4674-2004 "Design and construction and fitout of food premises" and Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code.

 

(10)    The applicant shall prepare and submit a Litter Prevention and Control Management Plan for the approval of the Manager of Building and Environment prior to the issue of a construction certificate. The Litter Prevention and Control Management plan shall detail the commitments required to be undertaken by the operator of the premises to suitably manage the pick-up of rubbish from the site and the surrounding street network and open spaces.

 

(11)    An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for alterations to water and sewer. No plumbing and drainage is to commence until approval is granted.

 

(12)    The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

 

(13)    Prior to the issue of the Construction Certificate, details showing how compliance will be achieved with Australian Standard AS 1940-2004 “The storage and handling of flammable and combustible liquids”, including the provision of bunding and fire protection to the proposed storage tanks, are to be submitted to Council/accredited certifier for assessment.

 

(14)    Engineering plans, showing details of all proposed work and adhering to any engineering conditions of development consent, are to be submitted to, and approved by, Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) prior to the issuing of a Construction Certificate.

 

(15)    A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

 

(16)    The development’s stormwater design is to include stormwater detention within the development, designed to limit peak outflows from the land to the pre-existing natural outflows up to the 100 year ARI frequency, with sufficient allowance in overflow spillway design capacity to safely pass flows of lower frequency (that is, a rarer event) without damage to downstream developments. Where appropriate, the spillway design capacity is to be determined in accordance with the requirements of the Dam Safety Committee.

The design of the detention storage is to be undertaken using the DRAINS rainfall-runoff hydrologic model or an approved equivalent capable of assessing runoff volumes and their temporal distribution as well as peak flow rates. The model is to be used to calculate the flow rates for the existing and post-development conditions. The developed flows are to be routed through the proposed storage within the model so that the outflows obtained are no greater than the flows obtained for the pre-existing natural flows.


A report detailing the results of the analysis, which includes:

·    catchment plan showing sub-catchments under existing and developed conditions;

·    schematic diagram of the catchment model showing sub areas and linkages;

·    tabulation detailing the elevation, storage volume and discharge relationships; and

·    tabulation for the range of frequencies analysed, the inflows, outflows and peak storage levels for both existing and developed conditions;

together with copies of the data files for the model and engineering design plans of the required drainage system are to be submitted to Orange City Council upon application for a Construction Certificate.

 

(17)    A 150mm-diameter sewer main is to be constructed from Council’s existing main to serve the proposed development. Prior to a Construction Certificate being issued engineering plans for this sewerage system are to be submitted to and approved by Orange City Council.

 

(18)    A Liquid Trade Waste Application is to be submitted to Orange City Council prior to the issuing of a Construction Certificate.  The application is to be in accordance with Orange City Council’s Liquid Trade Waste Policy.  Engineering plans submitted as part of the application are to show details of all proposed liquid trade waste pre-treatment systems and their connection to sewer.

Where applicable, the applicant is to enter into a Liquid Trade Waste Service Agreement with Orange City Council in accordance with the Orange City Council Liquid Trade Waste Policy.

 

(19)    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 5.3 ETs for water supply headworks and 7.4 ETs for sewerage headworks.  A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

 

(20)    A water reticulation analysis is to be carried out by Orange City Council on any proposed water reticulation system for the development.  Engineering plans are to be submitted to and approved by Orange City Council prior to the issue of a Construction Certificate.

The reticulation system is to be designed to supply a peak instantaneous demand by gravity of 0.15 L/s/tenement at a minimum residual head of 200kPa.

 

(21)    The stormwater from the detention basin outlet shall be discharged to the existing stormwater discharge point located on the western boundary of Lot 4 DP 1185665. Stormwater shall not be discharged into the road reserve. The stormwater outlet shall be provided with scour protection, energy dissipation and a wide spreader to replicate natural surface stormwater flows. Engineering plans for this work shall be submitted to Orange City Council and approved prior to the issuing of a Construction Certificate.  Any works located adjacent to or within the rail corridor shall liaise with John Holland Rail (michael.wright@jhg.com.au) prior to commencement.

The stormwater detention basin shall be provided with a concrete access driveway for on-going maintenance works.

 

(22)    All stormwater from the service station refuelling areas, forecourt, general vehicle circulation and parking areas shall be collected and piped to an on-site stormwater treatment system. The stormwater treatment system for the site shall be in accordance with NSW EPA practice note ‘Managing run-off from service station forecourts’. The design and construction of the stormwater treatment system shall ensure that the quality of stormwater leaving the developed site achieves the following stormwater quality targets:

·      90% reduction in the post development average annual gross pollutant (>5 millimetres) load; and

·      85% reduction in the post development mean annual load of Total Suspended Solids (TSS); and

·      65% reduction in the post development mean annual load of Total Phosphorus (TP); and

·     
45% reduction in the post development mean annual load of Total Nitrogen loads (TN); and

·      Maximum allowable discharge concentration of 5 parts per million (PPM) total petroleum hydrocarbons present in stormwater.

Engineering plans for this stormwater treatment system shall be submitted to and approved by Orange City Council prior to the issuing of a Construction Certificate. The applicant shall undertake comprehensive water quality modelling on for the site, using an accredited assessment tool (recommended using Music™ or other approved assessment tool) and shall include copies of the electronic data files. Modelling shall be undertaken for both pre and post development scenarios.

 

(23)    Engineering plans shall be prepared for works associated with the proposed vehicle access onto the Northern Distributor Road and intersection treatment at Leeds Parade. The plans detailing the proposed location of the vehicle access, heavy vehicle turning paths, line marking, signage, traffic management works and any other relevant conditions of consent, are to be submitted to Orange City Council and approved prior to the issue of a Construction Certificate. The NDR intersection shall be constructed as a channelized left turn treatment (CHL) for vehicles entering and exiting the NDR, and Leeds Parade intersection shall be constructed as a channelized right and auxiliary left turn treatment (CHR and AUL) for vehicles exiting Leeds Parade and auxiliary left turn treatment (AUL) for vehicles entering Leeds Parade.

 

(24)    The proposed internal road connecting Leeds Parade to the NDR shall be constructed to an industrial concrete / rigid pavement standard. This work shall include road pavement and pavement surfacing, kerb and gutter construction, piped stormwater drainage, a concrete footpath on the eastern side of the road and be in accordance with the Orange City Council Development and Subdivision Code. Traffic calming devices are to be constructed approximately 150 metres apart along the proposed road. Engineering plans for this work shall be submitted to Orange City Council and approved prior to the issuing of a Construction Certificate.

 

(25)    Engineering plans providing complete details of the proposed service station driveway and vehicle parking areas is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials, signage, line marking and proposed drainage works and be in accordance with the Orange City Council Development and Subdivision Code.

The service station site shall have the northernmost driveway clearly defined as ‘Entry only’ and the central and southern driveways clearly defined as ‘Exit only’.

 

(26)    A Road Opening Permit in accordance with Section 138 of the Roads Act 1993 must be approved by Council prior to a Construction Certificate being issued or any intrusive works being carried out within the public road or footpath reserve. 

 

(27)    Backflow Prevention Devices are to be installed to AS3500 and in accordance with Orange City Council Backflow Protection Guidelines. Details of the Backflow Prevention Devices are to be submitted to Orange City Council prior to the issuing of a Construction Certificate.

Certificates for testable Backflow Prevention Devices are to be submitted to Orange City Council by a plumber with backflow qualifications prior to the issue of an Occupation Certificate.

 

(28)    If services and access is to be provided over adjoining properties or works are required to be undertaken on adjoining properties then, prior to the issue of a Construction certificate, evidence of the registration of any required easements and rights of way over adjoining properties for the provision of services and access, and legal agreements for the undertaking of work shall be provided to the Principal Certifier.

 

 

PRIOR TO WORKS COMMENCING

 

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

 

(30)    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.


 

(31)    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.

 

DURING CONSTRUCTION/SITEWORKS

 

(32)    In the event of an unexpected find during works such as (but not limited to) the presence of undocumented waste, odorous or stained soil, asbestos, structures such as underground storage tanks, slabs, or any contaminated or suspect material, all work on site must cease immediately.  The beneficiary of the consent must discuss with Council the appropriate process that should be followed therein. Works on site must not resume unless the express permission of the Director Development Services is obtained in writing.

 

(33)    If Aboriginal objects, relics, or other historical items or the like are located during development works, all works in the area of the identified object, relic or item shall cease, and the NSW Office of Environment and Heritage (OEH), and representatives from the Orange Local Aboriginal Land Council shall be notified. Where required, further archaeological investigation shall be undertaken. Development works in the area of the find(s) may recommence if and when outlined by the management strategy, developed in consultation with and approved by the OEH.

 

(34)    Only clean and verified fill material shall be imported onto the site. All excavated material (save for any material suspected of containing asbestos or another contaminated material) shall be used onsite as far as practicable; or otherwise disposed of at an appropriate licenced waste facility.

 

(35)    This consent does not allow for any excavation greater than 2m that is within 25m of the adjoining rail corridor (western boundary of the development site).

 

(36)    All signage displayed within the site shall be limited to business identification signage as defined by Orange LEP 2011. For the avoidance of doubt, this condition does not apply to directional signage, street signs and the like.

 

(37)    This consent does not allow the use of any crane or similar machinery within the rail corridor or the air space above the rail corridor. The consent does not allow access to the rail corridor at any time.

 

(38)    Existing access arrangements to all adjoining privately owned land shall be maintained at all times during the construction phase of the development.

 

(39)    The asbestos materials on the site, identified in the Environmental Site Assessment prepared for Jasbe Supremacy Pty Ltd by Resolve Environmental, project number POO1097-002 shall be appropriately managed in accordance with SafeWork NSW requirements and Council’s Asbestos Management Plan.

 

(40)    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.

 

(41)    A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority.

 

(42)    All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

 

(43)    Building demolition is to be carried out in accordance with Australian Standard 2601:2001 - The Demolition of Structures and the requirements of Safe Work NSW.

 

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


 

(45)    The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the development from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

 

(46)    All driveway and parking areas are to be sealed with bitumen, hot mix or concrete and are to be designed for all expected loading conditions (provided however that the minimum pavement depth for gravel and flush seal roadways is 200mm) and be in accordance with the Orange City Council Development and Subdivision Code.

 

(47)    Heavy-duty concrete kerb and gutter laybacks and footpath crossings are to be constructed for the entrances to the proposed development. The location and construction of the laybacks and footpath crossings are to be as required by the Orange City Council Development and Subdivision Code.

 

(48)    A concrete footpath, a minimum of 1.2 metres wide, shall be constructed for the full length of the eastern side of the proposed road. The existing pedestrian / cyclist pathway adjacent to the NDR shall be reconstructed following road widening works.

The existing pedestrian / cyclist pathway adjacent to the NDR, shall be provided with a refuge within the concrete splitter island on the proposed road / NDR intersection.

Construction work is to be to the requirements and standards of the Orange City Council Development and Subdivision Code.

 

(49)    Power lines within the site and over existing or proposed roads shall be relocated and street lighting installed to the requirements of Essential Energy.

 

 

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

(50)    At least six (6) bicycle parking spaces shall be provided within the site. The selected location of the bicycle parking spaces shall be in close proximity to the entrance of the main building on the land.

 

(51)    At least twelve (12) waste bins and twelve (12) recycle bins shall be placed within the development site (outside of the main building), in strategic locations such as the car park areas, walk ways, truck parking areas etc. These bins are in addition to any bins located adjacent to fuel bowsers.

 

(52)    On-site car and truck parking shall be provided upon the site in accordance with the approved plans, the provisions of Development Control Plan 2004, and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

 

(53)    Landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

 

(54)    A deliveries and waste collection plan of management shall be prepared for the development and implemented in perpetuity once the development is operational. The deliveries and waste collection plan of management shall outline such things as appropriate measures that ensure the safety of pedestrians in the vicinity of the loading area during times of loading and unloading of vehicles and the reversing manoeuvre of vehicles entering the loading area. Measures shall include such practices as temporary barricading and someone on the ground directing the movement of pedestrians. The pedestrian management plan shall be submitted to the Principal Certifying Authority for approval prior to the issue of an Occupation Certificate. Once approved, the plan shall be implemented for the duration of the development.

 

(55)    A validation report prepared by a suitably qualified person, detailing the management of the asbestos material within the site shall be provided to Council prior to the issue of an Occupation Certificate.


 

(56)    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.

 

(57)    The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

 

(58)    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.

 

(59)    An easement, to drain sewage and to provide Council access for maintenance of sewerage works, a minimum of 2.0 metres wide is to be created over all sewer mains. Evidence that the easement has been registered is to be submitted to the Principal Certifying Authority prior to issuing of an Occupation Certificate.

 

(60)    An easement to drain water shall be created over the stormwater detention basin and all stormwater lines. A Restriction-as-to-User under section 88B of the NSW Conveyancing Act 1919 is to be created on the title of the burdened lot(s) requiring that no structures are to be placed on the site, or landscaping or site works carried out on the site, in a manner that affects the continued operation of the stormwater detention and drainage systems, and the owner of the land shall maintain the detention basin at full operational capacity in perpetuity. The minimum width of the easements is to be as required in the Orange City Council Development and Subdivision Code. Evidence that the easement has been registered is to be submitted to the Principal Certifying Authority prior to issuing of an Occupation Certificate.

 

(61)    A Certificate of Compliance, from a Qualified Engineer, stating that the stormwater detention basin and stormwater treatment system complies with the approved engineering plans is to be submitted to the Principal Certifying Authority prior to the issuing of an Occupation Certificate.

 

(62)    Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

 

(63)    A Road Opening Permit Certificate of Compliance is to be issued for the works by Council prior to any Occupation Certificate being issued for the development.

 

(64)    Prior to the issue of an Occupation Certificate the internal road shall be dedicated as Public Road at no cost to Orange City Council.

 

(65)    Certificates for testable Backflow Prevention Devices are to be submitted to Orange City Council by a plumber with backflow qualifications prior to the issue of an Occupation Certificate.

 

 

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

 

(66)    Application shall be made for a Subdivision Certificate under Section 6.3(1)(d) of the Act.

 

(67)    Application is to be made to Telstra/NBN for infrastructure to be made available to each individual lot within the development. Either a Telecommunications Infrastructure Provisioning Confirmation or Certificate of Practical Completion is to be submitted to the Principal Certifying Authority confirming that the specified lots have been declared ready for service prior to the issue of a Subdivision Certificate.

 

(68)    A Notice of Arrangement from Essential Energy stating arrangements have been made for the provision of electricity supply to the development, is to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate.

(69)    All services are to be contained within the allotment that they serve. A Statement of Compliance, from a Registered Surveyor, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

 

(70)    A Maintenance Security Deposit, in accordance with the provisions and requirements of the Orange City Council Development and Subdivision Code, is to be provided to Orange City Council prior to the issuing of a Subdivision Certificate.

A Certificate of Compliance, from Orange City Council, certifying that the maintenance security deposit has been paid, is to be submitted to the Principal Certifying Authority prior to the issuing of a Subdivision Certificate.

 

(71)    Prior to the issuing of a Subdivision Certificate, a Road Naming Application form is to be completed and submitted with a plan of the whole development defining the stage being released - including future road extensions.

 

(72)    Prior to the issue of a Subdivision Certificate the internal road shall be dedicated as Public Road at no cost to Orange City Council.

 

(73)    Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of a Subdivision Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

 

(74)    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.

 

 

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

 

(75)    All outdoor lighting (including illuminated signage) must be in accordance with the Australian Standard 4282-1997 Control of the obtrusive effects of outdoor lighting.

 

(76)    The service station component of the highway service centre shall be carried out in accordance with the submitted Preliminary Hazard Analysis (PHA) prepared by MCHP Architects dated 17 December 2019 for lifetime of the development. For the avoidance of doubt, should the PHA be found to be inconsistent with any relevant Legislation, Australian Standard, or the like, than the Legislation, Australian Standard or the like would prevail to the extent of the inconsistency. 

 

(77)    This consent does not allow any flashing, moving or animated signage.

 

(78)    The ongoing operations of the development shall be undertaken in accordance with the safety, security and crime prevention plan of management.

 

(79)    Prior to the issue of an occupation certificate, suitable security fencing shall be installed along the common boundary of the subject land and adjoining rail corridor. The applicant shall discuss the specifications of the subject fence with John Holland Rail prior to the fence being installed.

 

(80)    The applicant shall ensure that the Litter Prevention and Control Management Plan is implemented at all times.


 

(81)    An assessment of noise emissions from the premises is to be provided to Council within three (3) months from the issue of any Occupation Certificate. This commissioning report is to indicate noise levels through monitoring of noise emanating from the normal peak use of the premises and determine if any noise mitigation measures are required to achieve compliance with the NSW Noise Policy for Industry. Any identified mitigation works shall be carried out within 28 days from the date of the commissioning report, and the operation of the premises shall be carried out in accordance with any recommendations set out in the report.

 

(82)    The applicant shall provide Council with a copy of the Commissioning Report and certification that the development complies with the NSW Noise Policy for Industry within four (4) months from the issue of an Occupation Certificate.

 

(83)    The highway service centre (service station and takeaway food and drink premises) is permitted to operate 24 hours a day, 7 days a week, with the following exceptions:

·    Fuel Tanker deliveries are only to occur between 6am and 12am,

·    Other deliveries are only to occur between 6am and 12am,

·    No deliveries or servicing are to occur at night time from 12am to 6am, and

·    Waste collection is restricted to weekdays between 7am and 6pm

 

(84)    The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

 

(85)    Copies of maintenance records for day-to-day operations and servicing of the stormwater treatment system shall be forwarded to Orange City Council on 1 December annually.

 

 

REQUIREMENTS OF ESSENTIAL ENERGY

 

·    If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment;

 

·    Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property should be complied with; and

 

·    In addition, Essential Energy’s records indicate there is electricity infrastructure located within the property. Any activities within this location must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure.

 

·    Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW).

 

·    Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets.

 

 

ADVISORY NOTES

 

(1)      The proponent’s contractors shall contact John Holland Rail and furnish to them a risk management plan and detailed safe work method statements for their review and comment prior to construction.

 

(2)      The development shall be carried out in accordance with Council’s Asbestos Management Plan.


 

 

 

Other Approvals

 

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

 

          Nil

 

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

 

          Nil

 

 

 

 

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:

 

19 February 2020