Agenda of Council Meeting

Council Meeting 17 March 2020

5.2 Statement of Investments - February 2020

TRIM REFERENCE: 2020/400

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 29 February 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 29 February 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 29 February 2020, the investments held by Council in each fund is shown below:

	29/02/2020	31/01/2020
General Fund	66,972,006.95	67,695,690.69
Water Fund	57,592,438.80	57,782,709.21
Sewer Fund	49,970,352.99	50,523,660.47

Total Funds	174,534,798.74	176,002,060.37

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	29/02/2020	31/01/2020
General Fund	27,240,013.26	27,212,444.71
Water Fund	57,592,438.80	57,782,709.21
Sewer Fund	49,970,352.99	50,523,660.47
Auspiced	1,702,428.42	1,702,428.42
Internally Restricted	16,445,964.73	16,445,964.73
Unrestricted	21,583,600.54	22,334,852.83
Total Funds	174,534,798.74	$176,002,060.37

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 29 February 2020 remained at 0.75 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.88 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 29 February 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 1.88 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%	49.01%	50.99%
3 - 12 Months	100.00%	19.78%	80.22%
1 - 2 Years	70.00%	17.15%	52.85%
2 - 5 Years	50.00%	14.06%	35.94%
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%	5.11%	94.89%	$8,919,203.05	0.75%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	38.53%	61.47%	$67,251,240.00	1.78%
A	60.00%	26.79%	33.21%	$46,750,000.00	1.73%
BBB & NR	40.00%	29.57%	10.43%	$51,614,355.69	2.12%
Below BBB	0.00%	0.00%	0.00%	N/A	N/A

Certification by Responsible Accounting Officer

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

Council Meeting 17 March 2020

5.3 Development Application DA 347/2019(1) - Lots 1 and 2 Mitchell Highway (John Davis Motors)

RECORD NUMBER: 2020/171

AUTHOR: Paul Johnston, Manager Development Assessments

EXECUTIVE Summary

Application lodged	10 October 2019
Applicant/s	John Davis Motors
Owner/s	Sentinel Orange Homemaker Pty Ltd
Land description	Lots 1 and 2 DP 270204 - Mitchell Highway, Orange
Proposed land use	Vehicle Sales or Hire Premises (change of use and alterations to existing building) and Business Identification Signage
Value of proposed development	$3,000,000

Council's consent is sought for a vehicle sales or hire premises and business identification signage at Lots 1 and 2 DP 270204, Mitchell Highway, Orange. The site was formerly occupied by a hardware and building supplies business (Bunnings Warehouse) and is located at the southern end of the Orange Homemakers Centre.

The development comprises alterations and additions to the existing building to create new premises for John Davis Motors. The development will include showrooms for Mazda, Volvo, Renault, Suzuki and used cars with sales offices and customer areas; a centralised workshop/service/spare parts facility; a centralised administration area; minor site works and business identification signage.

The proposed development satisfies the planning provisions applying to the subject land and particular land use. Impacts of the development are considered to be within reasonable limit, consistent with applicable standards and addressed by appropriate conditions of development consent. The Planning and Development Committee has delegation to approve the application as the development value exceeds $1.5m. Approval of the application is recommended.

Figure 1: locality plan

RECENT LEGISLATIVE CHANGES

On 1 March 2018 the Environmental Planning and Assessment Act 1979 was substantially amended. The changes in part involved the restructuring and renumbering of the Act, with other more substantive changes to be phased in over time In the drafting of this report the content and substance of the supporting material has been considered irrespective of which legislative references were used.

DECISION FRAMEWORK

Development in Orange is governed by two key documents Orange Local Environment Plan 2011 and Orange Development Control Plan 2004. In addition the Infill Guidelines are used to guide development, particularly in the heritage conservation areas and around heritage items.

Orange Local Environment Plan 2011 – The provisions of the LEP must be considered by the Council in determining the application. LEPs govern the types of development that are permissible or prohibited in different parts of the City and also provide some assessment criteria in specific circumstances. Uses are either permissible or not. The objectives of each zoning and indeed the aims of the LEP itself are also to be considered and can be used to guide decision making around appropriateness of development.

Orange Development Control Plan 2004 – the DCP provides guidelines for development. In general it is a performance based document rather than prescriptive in nature. For each planning element there are often guidelines used. These guidelines indicate ways of achieving the planning outcomes. It is thus recognised that there may also be other solutions of merit. All design solutions are considered on merit by planning and building staff. Applications should clearly demonstrate how the planning outcomes are being met where alternative design solutions are proposed. The DCP enables developers and architects to use design to achieve the planning outcomes in alternative ways.

DIRECTOR’S COMMENT

The proposed alterations and additions to the former Bunnings building to create new premises for John Davis Motors will consist of contemporary architectural design that contributes to the visual appeal of the development site at the gateway entrance to the City. The development provides a fantastic opportunity for the reuse of this large building that in looking at other cities, often can remain vacant for many years following the relocation of Bunnings. Moreover, the proposed works will significantly improve the presentation of the existing building to the Highway by providing articulated facades and greater detailing attributed to the extensive commercial glazing, awnings and varied facia treatments. The recommendation to approve this development 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 347/2019(1) for Vehicle Sales or Hire Premises (change of use and alterations to existing building) and Business Identification Signage at Lot 1 and 2 DP 270204 - Mitchell Highway, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE APPLICATION

Council's consent is sought for a vehicle sales or hire premises and business identification signage at Lot 2 DP 270204, Mitchell Highway, Orange.

The proposal involves alterations and additions to the existing building to provide:

· Showrooms for Mazda, Volvo, Renault, Suzuki and used cars with supporting sales offices and customer areas featuring high quality commercial shopfront glazing.

· A centralised workshop/service/spare parts facility.

· A centralised administration area with offices, staff facilities, boardroom and support areas.

· Minor site works to provide:

- external vehicle display for Mazda, Volvo, Renault, Suzuki and used cars

- onsite parking

- landscaping

- 1.8m high palisade fencing of the site perimeter.

· Business identification signage comprising building signage and free-standing pylons.

· Access to the site and a landscaped buffer will be provided by Lot 1 DP 270204.

The elevations facing the highway will be articulated and will comprise expansive shopfront glazing, awnings, a blade wall, modern fascia treatments and defined entry portals. The building will be finished in subdued colours (yet to be approved) with signage and highlight colours being consistent with the corporate image of the motor dealerships on the site.

Figure 2: northern elevation

Figure 3: view from the highway

The business currently employs 30 staff. Hours of operation would be 7 days a week, 7am to 7pm at most, with operation of the service bays Monday to Friday during normal business hours, and occasionally Saturday morning.

BACKGROUND

The site is located in a prominent position on the eastern gateway entrance to the City of Orange. A Community Title scheme covers the Homemakers Centre, with the subject site (Lot 2) being the largest lot at 1.668 hectares. Lot 1 provides access, car parking and landscaping to the Homemaker Centre. The existing car park on Lot 2 is currently subject to an easement for car parking in favour of the Homemaker Centre, to formalise the situation where a customer of Bunnings would park on the Bunnings site and then walk to other businesses in the Centre. This car park is not relied upon to satisfy the parking demands for the remainder of the Homemaker Centre, and the proponent wishes to extinguish the easement. As this easement was not a Council requirement under previous approvals, the consent of Council is not required for the extinguishment of this easement.

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.

Having regard to the relevant provisions, it is considered that the proposed development is not likely to significantly affect a threatened species. The subject property has no biodiversity habitat or value. A Biodiversity Development Assessment Report is not required to support this application.

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,

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

The application is considered to be consistent with the aims of the Plan as discussed within this report. The subject building has been vacant since the relocation of the Bunnings business to North Orange in 2016. Reuse of the building for the purpose proposed will revitalise and enhance the gateway entrance to the City and will continue to make a positive contribution to the local economy.

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 B5 Business Development
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:	Within the drinking water catchment
Watercourse Map:	Not within or affecting a defined watercourse
Urban Release Area Map:	Not within an urban release area
Obstacle Limitation Surface Map:	No restriction on building siting or construction
Additional Permitted Uses Map:	No additional permitted use applies
Flood Planning Map:	Not within a flood planning area

Those matters that are of relevance are addressed in detail in the body of this report.

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

This clause provides that covenants, agreements and other instruments which seek to restrict the carrying out of development do not apply with the following exceptions:

· covenants imposed or required by Council

· prescribed instruments under Section 183A of the Crown Lands Act 1989

· any conservation agreement under the National Parks and Wildlife Act 1974

· any trust agreement under the Nature Conservation Trust Act 2001

· any property vegetation plan under the Native Vegetation Act 2003

· any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

· any planning agreement under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.

Council staff are not aware of the title of the subject property being affected by any of the above.

Notwithstanding the above, the subject land is burdened by a number of easements; an easement for electricity purposes is located along the southern boundary of the lot; two rights of carriageways are located where the eastern boundary adjoins Redmond Place.

An easement for car parking, as previously discussed, will be extinguished by the proponent.

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones and Clause 2.3 - Zone Objectives and Land Use Table

The subject site is located within the B5 Business Development zone. The proposed development is defined as a vehicles sale or hire premises and business identification signage under OLEP 2011 and is permitted with consent for this zone. This application is seeking consent.

Pursuant to the LEP Dictionary,

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

business identification sign 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.

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. The objectives for land zoned B5 Business Development are as follows:

· To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in location that are close to, and that support the viability of, centres.

With regard to the above objective, the proposed development is considered to be consistent with the zone objective as follows:

· the proposal is for a vehicles sales or hire premises and for business identification signage which is permissible in the zone

· the proposal provides for an additional business in the Orange Homemaker Centre and does not detract business from the Central Business District.

Clause 2.7 - Demolition Requires Development Consent

This clause triggers the need for development consent in relation to demolition of a building or work. This requirement does not apply to any demolition that is defined as exempt development.

The proposal involves part demolition to facilitate the show room fit out and the applicant is seeking the consent of council. The demolition works proposed will have no significant impact on adjoining lands, streetscape or public realm. Conditions have been recommended in the attached Notice of Approval in respect of hours of operation, dust suppression and the need to investigate for, and appropriate manage the presence of, any materials containing asbestos.

7.3 - Stormwater Management

Stormwater drainage will be conducted in accordance with Council’s normal requirements, noting that the Centre is served by an onsite detention basin.

7.6 - Groundwater Vulnerability

The proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems. The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion. The proposal avoids impacts on groundwater and is therefore considered acceptable.

7.7 - Drinking Water Catchments

The proposed development does not introduce additional impacts upon water quality within the drinking water catchment. The potential for the development to impact upon water quality is considered minimal.

Clause 7.11 - Essential Services

Listed utility services at Clause 7.7 are available and adequate for the proposal.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land (SEPP 55) is applicable. Pursuant to Clause 7 Contamination and remediation to be considered in determining development application:

(1) A consent authority must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated, and

(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

The application is supported by an environmental assessment prepared by GeoEnvironmental Consultants Pty Ltd, dated 6 November 2013. The environmental assessment submitted in support of this application considers that the potential for soil and groundwater contamination at the site is low and states that:

“The site area is now covered with buildings, sealed roads, parking areas, garden landscaping and lawn areas which provide extensive capping, effectively managing any residual contamination that may be present. Based on the information obtained and records reviewed during our desktop environmental site review, the site is suitable for its ongoing use as a retail shopping centre”.

Since Bunnings vacated the site in 2016, the site has remained vacant and not been used for any purpose listed in Table 1 of the Managing Land Contamination Planning Guidelines SEPP 55 – Remediation of Land.

In consideration of the above, the site is considered suitable in its current form. No further investigations are required.

State Environmental Planning Policy 64 - Advertising and Signage

State Environmental Planning Policy 64 - Advertising and Signage (SEPP 64) is applicable and states in part:

3 Aims, Objectives etc

(1) This Policy aims:

(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual character of an area, and

(ii) provides effective communication in suitable locations, and

(iii) is of high quality design and finish, and

(8) Granting of Consent to Signage

A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:

(a) that the signage is consistent with the objectives of this Policy as set out in Clause 3 (1) (a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.

Council’s consent is sought for a number of business identification signs to be located on the subject site, as follows:

· Individual pylon signage for Mazda (7m high), Volvo (7.5m high), Renault (6.5m high) and Suzuki (6m high) along the northern boundary of the site. Each brand sign will be positioned so as to relate to its respective showroom.

· Building signage (backlit or internally illuminated) displaying the logo of each vehicle brand upon the respective showroom as follows:

- awning fascia signage and a sign wall (blade wall) displaying the Mazda corporate scheme and the dealership name

- wall signage displaying the Volvo corporate image/wordmark

- fascia signage and entry portal to display the Renault corporate scheme

- fascia signage to identify the Suzuki brand and dealership name.

· Fascia signage to identify the service area.

An assessment of the proposed signage is considered 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 signage in the Homemaker Centre consists primarily of flush wall and pylon signs. Advertising in broader precinct comprises a mix of flush wall and fascia building signs, and pylon signs to the Mitchell Highway, with a combination of illuminated and non-illuminated signage. Heights of pylon signs at the motor dealership across the highway are approved at 6m.

The proposed business identification signage consists of pylon signage at 7.5m, 7m, 6.5m and 6m in height; and wall mounted signage. The types of signage are considered to be largely consistent with the theme for outdoor advertising in the Gateway precinct. Whilst the pylon signage is proposed slightly higher than 6m which has traditionally been the adopted height for such signage they remain in keeping with the surrounding area given they sit on the low side of the highway and are generally positioned internal to the site. There are no objections to the proposed signage.

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 proposed signage is not located in a special area. The signage is located wholly within the development site and will not detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas.

3 - Views and Vistas

· Does the proposal obscure or compromise important views?

· Does the proposal dominate the skyline and reduce the quality of vistas?

· Does the proposal respect the viewing rights of other advertisers?

There are no significant views or vistas likely to be adversely affected by the proposed signage. The proposed signage is confined to the building or wholly within the site boundaries. As such, it would not obscure views or compromise viewing rights of other advertisers or businesses in the precinct. The height and scale of the pylon signs are considered appropriate and do not dominate the skyline nor significantly impact the viewing rights of other advertisers.

4 - Streetscape, Setting or Landscape

· Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

· Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

· Does the proposal reduce clutter by rationalising and simplifying existing advertising?

· Does the proposal screen unsightliness?

· Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

· Does the proposal require ongoing vegetation management?

The proposed signage is consistent with the surrounding streetscape and is of a bulk and scale that is appropriate for the streetscape. As discussed above, the signage will not compromise the landscape, streetscape or setting of the area. The proposed signage is relatively simple in design and does not dominate or clutter the development site.

The signage is not designed to screen unsightliness and has been designed to contribute to the architectural features of the building where relevant, and does not unreasonably project above the buildings, structures or tree canopies.

The signage will not require ongoing vegetation management. Having said that, the pylon sign for Renault (signage element 02) may require relocation due to the required retention of the existing London Plane tree at the entrance to the carpark. The site of relocation shall be to the Development Assessment Manager’s approval, and has been conditioned accordingly.

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?

In consideration of the above, the proposal is considered to be compatible with the surrounding development in terms of scale, proportion and other characteristics of the site and building.

The building signage will be generally confined within the fascia and will not project beyond the building profile/silhouette. The proposed pylon signs conform to building heights and do not dominate the site frontage or the highway corridor.

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, platforms, lighting devices or logos form an integral part of the signage on which it is to be displayed.

7 - Illumination

· Would illumination result in unacceptable glare?

· Would illumination affect safety for pedestrians, vehicles or aircraft?

· Would illumination detract from the amenity of any residence or other form of accommodation?

· Can the intensity of the illumination be adjusted, if necessary?

· Is the illumination subject to a curfew?

The proposed signage will be illuminated. Taking into consideration the subject site and surrounding area currently experiences a moderate ambient illuminance associated with highway street lighting and lighting attributed to other sites within the precinct, the potential impacts are considered satisfactory.

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 complies with the road safety assessment criteria outlined in the Transport Corridor Advertising and Signage Guidelines (NSW Department of Planning 2007):

- the signage will not obstruct views of the highway for motorists, cyclists or pedestrians

- the proposed signs will not obscure information about the road alignment or impact on stopping sight distances

- the signage will be static and will not cause a distraction to motorists

- the signs will not create hazardous headlight reflections.

State Environmental Planning Policy (Infrastructure) 2007

Pursuant to Clause 104 of the ISEPP, the proposed development has the capacity to accommodate 200 or more motor vehicles and as such, requires referral to Transport for NSW, who provided the following comments in regard to the proposal:

Council’s Technical Services Department has reviewed the above advice from Transport for NSW and advise that the intersections used to access the site by a 25m long vehicle have been designed to accommodate such vehicles. The applicant’s submission does not mention a B-double vehicle. The requirements of Transport for NSW have been addressed through conditions of consent. The condition has specified that the maximum length service delivery vehicle to access the site be limited to 25m.

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).

Land adjoining the site is not identified nor considered to be contaminated. Notwithstanding, land located opposite the development site has been identified as being potentially contaminated land (8 Gateway Crescent). It is considered that the potential for contamination of the site is low. Previous approval for the site required that fuel and oil associated with vehicle servicing to be stored in containers in a bunded storage area in the workshop. Conditions were attached requiring the proponent to enter into a trade waste contract with Council; further that storage, management and disposal of waste products comply with the relevant provisions of Australian Standard AS 1940-2004: The storage and handling of flammable and combustible liquids.

As such, the provisions of the draft EPI are addressed.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s4.15(1)(a)(iii)

Development Control Plan 2004

Development Control Plan 2004 (“the DCP”) applies to the subject land. An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

PO 0.4-11 Interim Planning Outcomes – Transport Routes

The subject site has frontage to the Mitchell Highway, being a classified road. As such, the following Planning Outcomes are relevant to the application and are considered below:

· 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.

In consideration of the above, the proposed development consists of contemporary architectural design that contributes to the visual appeal of the development site. The visual appearance of the building and signage is considered to be suitable and will not generate a distraction to motorists. The building as altered maintains existing height, bulk and scale. The current warehouse presentation to the highway will be significantly improved by the proposed works which provide more articulated facades and greater detailing attributed to the extensive commercial glazing, awnings, varied facia treatments and mix of external colours and materials. -

· Any signage must not be animated whether by movement or flashing lights.

An assessment of the signage has been undertaken in accordance with SEPP 64. The proposed signage is not animated.

· 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.

No new vehicle access points are proposed. The site will utilise the existing site access points. In this regard, the application is considered to be consistent with this outcome.

· 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.

No new vehicle access points are proposed. Access to the development site will occur via the existing driveway from Redmond Place or the internal driveway off the Mitchell Highway. Egress can be achieved from Lone Pine Avenue. The application was referred to Transport for NSW (TfNSW) who provided concurrence for the proposed development. Conditions of consent have been included to address matters raised by TfNSW

· Where onsite customer parking is provided that is not immediately visible from a public road clear and unimpeded directional signage must be displayed.

A condition of consent has been recommended requiring directional signage and identification of customer car parking spaces within the site. A detailed assessment of parking has been considered under the heading DCP 15 – Car Parking

PO 8.4-1 – Eastern Gateway Bulk Retail Area

· Applications clearly demonstrate that the development will not detract from the role of the CBD as a regional centre.

The application will not detract from the role of the CBD as a regional centre. The reuse of an existing building for the relocation of this business will have nil impact on the role of the CBD.

· Adequate onsite parking, manoeuvring and loading facilities are provided.

Parking will be considered under the heading DCP 15 – Car Parking.

· Buildings have a high level of architectural design, with particular attention given to highway setbacks, façade features, external materials, colour schemes and advertising. Building height, façade features and colour schemes are consistent with the existing stages of development (ie, the Orange Homemaker Centre buildings approved prior to the date of this Plan).

The development is satisfactory in this regard due to the following:

- the building as amended maintains a generous setback from the highway

- the building maintains existing height (excepting a 400mm increase in height for the proposed blade wall), bulk and scale; however the presentation will be greatly improved by architectural detailing, commercial glazing, awnings, varied fascia treatment and a mix of external finishes and colours

- signage is compatible with the locality

- the colour scheme will be required to be submitted to Council for approval prior to the issue of the Construction Certificate, and has been conditioned accordingly.

· Access to the Mitchell Highway is limited to those entrances established prior to this Plan coming into effect.

No new vehicle access points are proposed.

· Advertising is limited to flush-wall signs wholly contained within the elevation of the building, with signage comprising up to 25% of the façade area. There are no additional pole signs fronting the Mitchell Highway.

The proposed signage has been addressed under SEPP 64 and is considered to be suitable. There is one additional pylon sign to front Mitchell Highway, in the north eastern corner of Lot 2. This sign will be generally consistent with pylon signs in the locality, and is setback from the highway by means of established landscaping on Lot 1. The pylon sign is considered suitable in the circumstance.

· Appropriate measures are taken to protect the adjacent water-supply catchment from pollution.

The proposed development will not adversely impact upon the water supply catchment as it does not introduce additional impacts upon water quality within the drinking water catchment. The development will retain the existing stormwater drainage currently servicing the site. The potential for the development to impact upon water quality is considered minimal.

· All sites contain an element of landscaping. Landscaping provided is of a bulk, scale and height relative to buildings nearest the front property boundary so as to provide beautification and visual relief to the built form proposed or existing on the site. The depth of the landscape bed at the site frontage is sufficient to accommodate the spread of plantings that meet the abovementioned outcomes but, where practicable, a minimum depth of 3.5m is provided. Plantings are designed to provide shade for parking areas, to break up large areas of bitumen, to enhance building preservation and to screen against noise.

Landscaping of the site currently relies upon landscaped beds to the east, north and west of the site, with established landscaping on the adjoining Lot 1 along the eastern boundary of the site which softens the view of the site from the highway. Internally, a number of small garden beds provide relief from the expanse of hardstand utilised for car parking spaces.

Under this proposal, it is proposed to remove the two large London Plane trees at the entrance to the car park off the internal access, and all of the small trees and shrubs interspersed within the existing car parking spaces, as shown below.

Figure 4: landscaping to be removed

A landscaping plan has been submitted (refer to Figure 5 below), which proposes the retention of the existing beds located along the northern and western boundary of the development site as well as the provision of three new internal garden beds adjacent to the customer entrance. Plantings will include Golden Ash trees and a selection of star jasmine, nandina and poa kingsdale, as indicated below.

Figure 5: proposed landscaping plan

Council’s City Presentation Manager makes the following comments in regard to the proposed landscaping plan:

The two London Plane Trees shall be retained at the point of the existing access to the car park and where the proposed new 1.8m high palisade gates are to be installed. The trees sites, particularly the western side should be enlarged to appropriately accommodate the future growth expectations of the subject tree.

I have also provided comments to enhance the amount of landscape for such a large site including the reinstatement of trees around the periphery of the site, in existing tree sites. Specifying a small tree to a minimum height of 5m and the replacement of these missing trees will provide an 'offset' for the removal of the trees in the parking area shown in red dashing to be removed.

The Mitchell Highway frontage should be enhanced with tree planting in a similar set out as in front of car yards on the northern side of the Highway; improving the aesthetics and amenity that is lacking in large car sales lots across the landscape eg the Mitchell Highway entrances to Bathurst were there are large un-aesthetic car lots and no dimensional landscaping to provide scale and aesthetic amenity to large areas of hard surfacing.

Figure 6: landscaping required

As such, the development will be conditioned to provide:

· small trees (to a minimum height of 5m) to be planted at each garden splay along the northern and western boundaries of Lot 2

· the retention of the two London Plane trees and the car parking space adjacent to the western Plane tree to be converted to garden bed to accommodate the future growth expectations of the tree

· enhancement of the Mitchell Highway frontage with tree planting commensurate with car yards to the northern side of the highway.

This is similar in requirement to the original hardware store, visible in the photograph above, but has not been maintained over the years. Following establishment of the above requirements, the landscaping will suitably soften the amount of hardstand on the site and provide a suitable visual aesthetic to the Gateway Precinct.

DCP 14 Advertising

The proposed business identification signage has been discussed previously in accordance with SEPP 64 and is considered acceptable.

DCP 15 Car Parking

PO 15.6-1 – Off Street Car Parking

· 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 provides 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.

Car parking

The DCP requires onsite parking for motor showrooms at a rate of:

One (1) space per 100m² of site area plus three (3) spaces for every work bay for vehicle servicing, with such spaces exclusive of cars displayed for sale.

The rate for car parking at the development site has been calculated as follows:

Use	DCP Requirement	Size	Total Spaces Required
showroom + vehicle display areas	1 space per 100m²	5,700m²	57
work bays for vehicle servicing	3 spaces for every work bay	16 work bays	45
TOTAL SPACES REQUIRED 105
TOTAL SPACES PROVIDED 120

In consideration of the above, the proposal provides a surplus of 15 car parking spaces and therefore satisfies the provisions of the Plan.

Council’s Assistant Development Engineer has recommended a condition requiring that all driveway and parking areas be maintained with sealed bitumen, hot mix or concrete and be designed for all expected loading conditions, in accordance with Council’s Development and Subdivision Code.

A condition of consent will also be attached requiring illumination of external car parking spaces for the safety of pedestrians.

Adequate landscaping, in the form of an amended landscaping plan, will be provided along the boundaries and within the site to soften the appearance of the hardstand. There is sufficient area for bicycle parking, should the need arise for the business to provide one.

Figure 7: display parking (blue), customer and staff parking (orange)

Car parking easement

The development site is currently burdened by an easement for car parking that is in favour of the Homemaker Centre. As outlined in the table below, the existing car park within the subject land is not relied upon to satisfy the parking demands of the remainder of the Centre:

Component	GFA parking rate	Spaces required	Spaces provided
Vacant building Lot 4 (formerly Sam’s Warehouse)	2,700m² 1 space/50m²	54	60
Main building Lot 5 (various tenancies)	9,100m² 1 space/50m²	182	315
Approved development Lot 6 (SuperCheap is first stage)	4,580m² 1 space/50m²	92	75
Building Lot 7 (furniture store)	700m² 1 space/50m²	14	14
TOTAL PARKING		342	464

The overall site therefore has a parking surplus of some 122 spaces for the Centre, independent of the proposed vehicle sales or hire premises. The car parking spaces provided is considered to adequately cater for the parking demands of the Centre. Furthermore, there is considered sufficient car parking spaces to cater for the demand of the existing café and the approved takeaway food and drink premises on Lot 6. Conditions are recommended to ensure that staff and visitor parking spaces are not utilised for display purposes.

Deliveries

· Deliveries to the site will be undertaken in the following manner:

- the largest vehicle that is expected to access the site is a car carrier with a maximum length of 25m. Other service vehicles are expected to include rigid trucks and light commercials

- the service driveway along the southern side of the building/site will accommodate the forward ingress and egress of car carriers and other service vehicles. Movement of these vehicles along this driveway will occur with ingress via Mitchell Highway and Redmond Place and egress via Lone Pine Avenue.

· In terms of traffic volumes, the proponent advises as follows, based on their current operation:

- approximately 2-3 car carriers per week

- approximately 2 to 3 smaller delivery/service vehicles per day.

· Redmond Place is a public road that terminates at the south eastern corner of the subject land. The route along the southern side of the building is not a public road. As such, there is no public road access between Redmond Place and Lone Pine Avenue. The gates to the site will be open during normal business hours to serve the needs of the business. Car carrier deliveries are managed so that they occur during business hours or when a staff member is onsite to leave the gates open. In the event that a car carrier arrives at other times, the driver will be provided with the code to unlock the gate to make the delivery. As such, the potential for a large vehicle to queue at the gate is minimal and not likely to affect the rest area within Redmond Place.

In consideration of the above, the proposed development is unlikely to compromise the effective and ongoing operation and function of the highway, with the proposal satisfying the requirements of the Plan.

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

Demolition of a Building (clause 92)

The proposal involves minor internal demolition. A condition is attached requiring the demolition to be carried out in accordance with Australian Standard AS2601 - 1991: The Demolition of Structures.

Fire Safety Considerations (clause 93)

The existing building is adequately setback from boundaries to comply with the BCA. The new internal works will be required to comply with the BCA in terms of travel distances and fire safety measures.

Buildings to be Upgraded (clause 94)

Council’s EHBS advises “as most of the new work is internal in the existing building, this will be required to comply with the current BCA.” Conditions have been attached to this effect.

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)

Neighbourhood Amenity

The subject land is located in the Orange Grove Homemaker Centre and has been zoned for business development purposes. The development site is predominantly surrounded by specialised retail premises and as such, will not conflict with the established land uses within the locality. The proposed development is of a nature that is consistent with the objectives of the B5 Business Development zone.

Visual Impacts

The proposed works will contribute positively to the Gateway Precinct by means of contemporary architectural design with simple square lines, extensive commercial glazing, varied fascia treatments and a reasonable mix of external finishes. Roof mounted mechanical plant will be set within architectural screen enclosures. The ‘back of house’ elements will not be easily viewed from public areas. The proposed signage will not detract from the existing development in the locality and will enhance the overall visual features of the building design.

Additional and retained landscaping of the site, as previously discussed, will create an appropriate standard of visual amenity commensurate with the site’s high-profile location.

The visual impacts of the proposed development are considered acceptable.

Lighting Impacts

The site is subject to a high level of ambient lighting associated with the existing Centre and street lighting along Mitchell Highway. The proposed development is not expected to generate external light scatter impacts over and above the existing environment, however, a precautionary condition of consent is recommended ensuring that any lighting on the site be designed so as to not cause obtrusive light spill to motorists on nearby roads.

Noise impacts

The site is located within a mixed use precinct, with highway business to the north and east, undeveloped land to the south zoned B5, and residential development to the west and south west. Furthermore, an existing dwelling is located some 180m to the south.

Generally, the workshop bays are located entirely within the building with a single roller door which faces west. The two wash bays and two work bays with roller doors to the south, can be operated fully enclosed if required. The entry and exit of vehicles associated with the site would not generate unreasonable noise and would not be out of character with other activities that occur in the broader precinct. It is advised that new mechanical plant will be sited and/or acoustically screened so as to minimise potential noise impacts.

Elements of the proposed development similar to the previous land use comprise the use of the service vehicle driveway along the southern side of the building that was used to facilitate heavy vehicle movement for Bunnings will now be used for the same purpose. As such, this element is considered to have a neutral effect in terms of noise impacts.

The proposed vehicle servicing facility will occupy that part of the building that was previously used as an open-sided timber storage area, subject to noise from forklifts, sawing and the like. It is further considered that the proposed vehicle servicing facility will be no greater than the noise generated by the open sided timber store.

Council’s Environmental Health and Building Surveyor (EHBS) has not raised any concern with regard to the proposed development and possible detrimental noise impact on residential receivers, and therefore the development is considered acceptable in this regard.

Traffic and Transport Impacts

As outlined in this report, the traffic impacts of the proposed development are considered to be suitable. The capacity of the local road network is sufficient to accommodate the traffic generated by the development. The parking arrangements and vehicle manoeuvring areas are considered to be adequate to support the development, with nil detrimental impact upon the surrounding locality.

Safety and Security Impacts

A Crime Prevention through Environmental Design (CPTED) assessment follows:

The proposed development will achieve suitable sightlines from the Mitchell Highway, Lone Pine Avenue, and from within the Centre itself. The external areas of the development site will be illuminated and the landscaping species have been selected and positioned so as not to provide an opportunity for offenders to hide or entrap victims.

The subject site will be marked and paved to encourage and channel people into building entrances. Details in regard to opening times have not been provided within the application however, it is considered that the proponent will be able to monitor and manage this issue.

The site will be surrounded by a new 1.8m high palisade security fence. The security fencing will maximise natural surveillance from the street to the building as well as from the building to the street. The development will also incorporate security lighting and alarm system to act as a deterrent to potential offenders.

Whilst the 6.0m wide emergency vehicle access path that is provided along the southern boundary of the building is not accessible to the public, it is not considered to be a crime/security risk on the basis that the access path has adequate sight lines from public spaces.

The proposal incorporates architectural elements that will be used to screen potential unsightliness that may occur in the vehicle servicing/workbay area; ensuring that the external appearance of the site remains clean. The communal areas of the site are within proximity to areas of activity and entrances will be easily recognisable through directional signage and architectural treatment.

Overall it is considered that the design of the proposed vehicles sales premises is consistent with the CPTED guidelines and is unlikely to result in any adverse safety and security impacts subject to appropriate management of the facility and installation of permitter fencing and security measures.

Environmental Impacts

The environmental impacts of the proposed development have been considered throughout the foregoing report and is considered to be minimal. Significant vegetation, threatened species or ecological endangered communities or their habitats are unlikely to be present.

Council’s Assistant Development Engineer has recommended a condition requiring the applicant to obtain a Trade Waste Approval to manage the disposal of liquid trade waste.

Social and Economic Impacts

The proposed development may generate positive social and economic effects associated with construction, employment, local business expansion and the contribution of the City as a major regional business centre.

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

The suitability of the site has been addressed throughout the foregoing report. There are no aspects of the site that are considered unsuitable for the proposed development. It is considered that the physical attributes of the site and the availability of services are suitable for the proposed use and development, subject to the recommended conditions of consent in the attached draft Notice of Approval.

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

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

PUBLIC INTEREST s4.15(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. The proposal is not inconsistent with any relevant policy statements, planning studies, guidelines etc that have not been considered in this assessment.

SUMMARY

The proposed development is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of Orange LEP 2011 (as amended) and DCP 2004. A Section 4.15 assessment of the development indicates that the development is acceptable in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

COMMENTS

The requirements of the Environmental Health and Building Surveyor and the Engineering Development Section are included in the attached Notice of Approval.

Attachments

1 Notice of Approval, D20/13017 ⇩

2 Plans, D20/13016 ⇩

Council Meeting 17 March 2020

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 347/2019(1)

NA20/ Container PR17469

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	John Davis Motors
Applicant Address:	C/- Peter Basha Planning & Development PO Box 1827 ORANGE NSW 2800
Owner’s Name:	Sentinel Orange Homemaker Pty Ltd
Land to Be Developed:	Lots 1 and 2 DP 270204 - Mitchell Highway, Orange
Proposed Development:	Vehicle Sales or Hire Premises (change of use and alterations to existing building) and Business Identification Signage

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

Determination made under Section 4.16
Made On:	17 March 2020
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	18 March 2020
Consent to Lapse On:	18 March 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) Because the development will require the provision of, or increase the demand for, public amenities and services.

(6) To ensure the utility services are available to the site and adequate for the development.

(7) To prevent the proposed development having a detrimental effect on adjoining land uses.

(8) To minimise the impact of development on the environment.

Conditions

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

(a) Plans numbered: Source Architects DA07 Rev 2, DA08 Rev 2, DA09 Rev 2, DA10 Rev 2, DA12 Rev 2, DA13 Rev 2, DA14 Rev 2 (7 sheets)

(b) statements of environmental effects or other similar associated documents that form part of the approval

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

(2) All building work must be carried out in accordance with the provisions of the Building Code of Australia.

(3) A sign is to be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

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

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(4) Full details of external colours and finishes of external materials are to be submitted and approved by Councils Manager Development Assessments prior to the issue of a Construction Certificate.

(5) A detailed landscaping plan shall be submitted to and approved by Council’s Manager Development Assessments prior to issuing of a Construction Certificate. The landscape plan shall include the following provisions:

a) Retention of the two London Plane trees at the point of the existing access to the car park. The western car parking space adjacent to the most western tree shall be converted to garden bed.

b) A small tree to a minimum height of 5m shall be planted within each garden splay around the northern and western boundaries of Lot 2.

c) The Mitchell Highway frontage shall be enhanced with tree planting in a similar set out as in front of car yards on the northern side of the Highway.

(6) 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.

(7) 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.

PRIOR TO WORKS COMMENCING

(8) A Construction Certificate application is required to be submitted to, and issued by Council/Accredited Certifier prior to any excavation or building works being carried out onsite.

DURING CONSTRUCTION/SITEWORKS

(9) Pylon sign 02 (Renault) may require relocation due to the requirement to retain the London Plane tree. Relocation of the sign shall be approved by the Manager Development Assessment prior to erection of the sign.

(10) 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.

(11) All materials on site or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

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

(13) All driveway and parking areas are to be sealed and maintained 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.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(14) Car parking spaces shall be provided upon the site in accordance with the approved plans, the provisions of Development Control Plan 2004, and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

(15) Directional signage for customer car parking spaces shall be erected within the site.

(16) 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.

(17) 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.

(18) 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.

(19) 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

(20) Outdoor lighting must be in accordance with the Australian Standard 4282-1997 Control of the obtrusive effects of outdoor lighting.

(21) All vehicles offered for sale shall be wholly located within the display areas nominated on the approved plans. Vehicle display on public land at the site frontage and within nominated visitor/staff car parking spaces is not permitted.

(22) Loading and unloading of vehicle transporters shall be wholly undertaken within the confines of the subject land, and not on public roads at any time.

(23) Any ancillary light fittings fitted to the exterior of the building are to be shielded or mounted in a position to minimise glare to adjoining properties.

(24) The car parking spaces shall be illuminated for the safety and security of pedestrians.

(25) The following conditions of Transport for NSW apply:

· all vehicle and service vehicle deliveries are to occur outside of peak operating hours

· signage should be provided delineating the commencement of the service driveway where Redmond Place (the public road) terminates

(26) The largest service delivery vehicle permitted to access the site shall be limited to a 25m.

(27) 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.

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 ASSESMENTS
Date:	18 March 2020

Council Meeting 17 March 2020

5.4 Local Housing Strategy

RECORD NUMBER: 2020/46

AUTHOR: Craig Mortell, Senior Planner

EXECUTIVE Summary

Work has continued on the development of a local housing strategy for Orange with the goal of establishing a vision for providing housing within the City that meets future needs.
Local housing strategies are prepared by Councils, in consultation with communities, to detail how and where housing will be provided in local areas. They include consideration of demographic factors, local housing supply and demand, and local land-use opportunities and constraints.

Local housing strategies can also identify areas of cultural, environmental, heritage or local character significance.

To date, the first step of the data gathering, analysis and constraint mapping has been undertaken by consultants Premise. This work has tentatively identified two areas to the northwest and south that could be further investigated for urban development. This should not be regarded as conclusive as community input may lead to other sites being nominated.

Note: Council is also working with Blayney, Cabonne and NSW DPIE on an update to the sub-regional Rural and Industrial land strategy. While this is a separate project focussed on different issues, the concurrent preparation of these strategies assists with avoiding conflict between them. The Rural and Industrial land strategy is the subject of a separate report.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “7.1 Preserve - Engage with the community to develop plans for growth and development that value the local environment”.

Financial Implications

Consultants will be engaged to assist with the public consultation and drafting of the Local Housing Strategy.

Policy and Governance Implications

Preparation of a Local Housing Strategy to guide residential development and rezoning through to 2036 will provide a clear and transparent process, enhance community confidence in Council, and reduce or eliminate reputational risks that could occur through rezoning land outside of an adopted strategic framework.

Recommendation

That Council resolves:

1 To note the Local Housing Strategy research report and Departmental guidelines.

2 To place the research phase material and departmental guidelines on exhibition for a period of 28 days seeking preliminary community feedback.

3 To prepare and present a draft strategy to Council for consideration before formal exhibition.

4 That the draft strategy be intended to address the housing needs of Orange residents through to 2036 including, but not limited to, all socioeconomic groups, age brackets and levels of mobility and independence.

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	Identification of new areas for urban development are likely to result in the need to provide supporting infrastructure.
Image and Reputation	A preliminary consultation effort, to inform the drafting of a Local Housing Strategy, is intended to increase public awareness, engagement and ownership in the strategy preparation thereby enhancing goodwill.
Political	Housing strategies identify land for rezoning over the life of the strategy. As this has the potential to materially affect property values Council should anticipate a high level of scrutiny from the public, media and relevant government agencies.
Environmental	Rezoning and development of land, arising from a housing strategy, has the potential to impact upon ecological and other values of the land concerned. The preparatory research phase has sought to identify these constraints to help minimise this potential conflict.
Stakeholders	Farmers and other landowners on the periphery of the city may view the identification of their (or neighbouring) land as impacting upon their continued operations or activities. This needs to be carefully evaluated in the strategy for any areas nominated for future development. Identification of land in the strategy is only the first step and such areas would be expected to undergo further investigation and concept planning during the rezoning process itself.
Projects	Identification of areas for new/expanded urban development are likely to generate demand for supporting infrastructure both within the sites themselves and also in surrounding connected areas. This may result in new major projects, such as major roads and/or upgrades, sewer pump stations, locations for schools, parks and recreation facilities to name a few.

SUPPORTING INFORMATION

Council frequently receives enquiries from landowners and investors seeking the ability to rezone or subdivide land outside of the current strategic framework. Additionally land values and property prices continue to rise in Orange which, although beneficial for current owners, places additional pressure on housing costs. Property developers and the construction industry have in recent times turned their attention to the Shiralee area, nonetheless Council needs to consider the future housing needs in Orange beyond the Shiralee era.

The NSW Government has issued guidelines on the preparation of Local Housing Strategies, which are attached to this report. The guidelines establish a 4 step process as follows.

Step 1 – establish the background and context, analyse the evidence base

Step 2 – establish the vision, objectives and evaluate the options

Step 3 – implementation, consultation and delivery

Step 4 – monitoring, reporting and reviewing

Council engaged consultants Premise to undertake step 1 and the research and preliminary analysis is attached to this report.

It is now time to move into step 2 with the community to set the vision and objectives that will then be used to evaluate the available options for achieving that vision. The resulting draft strategy can then be presented to Council for review before being placed on public exhibition as part of step 3.

BACKGROUND

The purpose of the Local Housing Strategy is to replace the Orange Sustainable Settlement Strategy (OSSS) first adopted in 2004 and updated in 2010. The OSSS is nearing completion with limited identified land remaining some of which may no longer be appropriate as the State has subsequently released Biophysical Strategic Agricultural Land mapping that identifies land to the south of Orange as prime agricultural land.

The State is urging all Councils to review and update housing strategies, partly in response to housing affordability concerns across the state. In this regard the NSW Government has opened up State Environmental Planning Policy 70 – Affordable Housing (revised schemes) to all Councils across the State. This policy enables Councils to potentially levy contributions from developers to assist in the provision of social and affordable housing.

Such contributions would need to be subject to a relevant contributions plan that in turn must be supported by a relevant Local Housing Strategy. Whether contributions are levied and how such funds would be deployed will be explored during and after the LHS process, once the community have had the opportunity to express their views.

The LHS is therefore a timely opportunity to identify the future of residential development in Orange through to 2036 and enable Council to better guide and assist affordable and social housing.

Step 1 - Research phase

This stage has been undertaken by consultants Premise and their research is attached to this report. The research phase identified a wide range of constraints, overall demand (broken down by demographics and market sectors). Some of the key issues identified in the research phase include:

· a mismatch between housing stock and household composition

· development costs are propelling the type of supply produced and sector of market served

· Social and affordable housing remains in short supply

· Social and affordable housing projects are perceived to be occurring in an ad-hoc manner with density not reflecting the character of the neighbourhoods they are located in.

Step 2 - Establish the Vision, Objectives and Evaluate the options

In order to establish a guiding vision and objectives it is proposed to place the research phase material on exhibition and seek community input prior to drafting the main LHS document. This consultation period will include an online community survey, engagement with local media and seek levels of interest from property owners that may be interested in rezoning or developing their land. Naturally such interest alone is not conclusive and any new land would need to meet various criteria, however knowing which landowners are more likely to bring land to market will assist in producing a workable strategy.

In particular the community’s views and preferences for housing will be sought on the following matters:

· greenfield subdivisions on the periphery versus preserving land for agriculture/ecology

· infill development within the established urban areas,

· acceptable levels of density in different areas,

· areas suitable for redevelopment or uplift,

· mix of housing types and sizes needed or desired,

· concerns and obstacles to achieving appropriate housing,

Step 3 – Implementation, Consultation and Delivery

Following this consultation period the feedback will be analysed and the main strategy document developed. The draft strategy will need to be supported by a Delivery Plan to manage infrastructure and servicing requirements. The draft strategy will then be returned to Council, along with a summary of the community input received, prior to the draft strategy being placed on formal public exhibition. At that stage Council will need to confirm the preferred approach in relation to contributions, including affordable housing contributions.

After the formal public exhibition period the matter will again be reported to Council for ratification, and then supplied to the Department of Planning, Industry and Environment for endorsement.

Step 4 - Monitoring Reporting and Reviewing

Importantly the draft strategy is expected to articulate a range of milestones and projections that can then be monitored through the Rezoning and Development Application processes. Levels of uptake will be observed to inform the timing of infrastructure development and when to commence work on a subsequent housing strategy.

Attachments

1 Orange Local Housing Strategy - Preliminary Research Phase, D20/13533 ⇩

2 Orange Local Housing Strategy - Research Phase Mapping, IC20/256 ⇩

3 Local Housing Strategy Guidelines - NSW Department Planning, Industry and Environment, D20/11707 ⇩

Council Meeting 17 March 2020

Attachment 1 LEP Amendment 17 - Towac Equine Precinct Draft DCP

ORANGE DCP 2004 Amendment

6.13 ANIMAL BOARDING OR TRAINING ESTABLISHMENTS

HORSE BREEDING OR TRAINING ESTABLISHMENTS

6.13.1 General

1. “Animal boarding or training establishment” means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses) and includes any associated riding school or ancillary veterinary hospital.”

2. This part of the DCP applies to all Animal Boarding or Training Establishments used for the purposes of keeping, breeding or training horses.

6.13.2 Minimum Site Area

Objective

(a) To permit horse breeding or training establishments upon certain sized rural and non-urban landholdings, to minimise potential land use conflicts with rural residential and other rural land uses in a particular locality.

Development Controls

1. The minimum site area for any horse breeding or training establishment shall be 2 hectares.

2. Notwithstanding this, the minimum site area for any horse breeding or training facility within the landholdings known as Lots 192 and 144, DP 750401, and lot 1 DP310621 bounded by James road and Pinnacle Road may be a minimum of 1 hectare provided the facility is operated by the occupants of each rural residential dwelling only, for their own private recreation purposes.

6.13.3 Maximum Number of Horses – Towac Equestrian

Estate

Objective

(a) To restrict the number of horses within any horse boarding, breeding or training establishment within the Towac Equestrian Estate, in order to maintain the amenity of the locality and in the interests of animal welfare.

Development Controls

1. The maximum number of horses for any animal boarding, breeding or training establishment within the Towac Equestrian Estate shall be restricted to a rate of not more than 1 horse per 4,000m² of the site area. Veterinary hospitals may exceed this rate where the horses are kept on premises temporarily for treatment or examination.

6.13.4 Minimum Setback Requirements for Horse Stables & Shelters

Objective

(a) To ensure horse stables and shelters are appropriately setback from common property boundaries, in order to maintain the amenity and character of the surrounding locality.

Development Controls

1. Any horse stable or horse shelter shall be setback from property boundaries and adjoining land uses in accordance with Table 4 below.

Minimum Setback Requirements for Horse Stables & Shelters

Land Use Minimum Setback Requirement

Front Building Line Setback to Primary Road	Behind the building line of the associated dwelling
Secondary Road Frontage	10 metres
Side and Rear Building Line Setback	20 metres
Adjoining Dwelling not associated with the facility	20 metres

2. Within the setback areas stated in the table above a 5m wide landscaped area is to be included along the relevant boundary, comprising trees that mature to between 4 – 8 metres in height and spaced so that at maturity the drip lines of foliage connect to form a continuous vegetative screen.

3. Trees planted as part of the vegetative screen required by control 2 are to be protected from grazing during establishment with tree guards or similar devices until the trees achieve a minimum height of 1.5m.

6.13.5 Horse Stable, Exercise Yard & Shelter Requirements

Note: According to the RSPCA an average 500kg (approx. 15hh) horse drinks around 30 – 50 litres a day. This amount can increase based on hot weather, dry feed or being heavily worked/exercised. Additionally, a mare with foal can need between 1.8 to 2.5 times as much water as normal. For this reason it is highly recommended that the yard and shelter be designed to provide ample shade and placement of watering troughs in shaded areas to limit evaporation is also preferred. Consider including rainwater tanks to collect runoff from stables and shade structures as a way to help reduce overall water consumption.

Objectives

(a) To ensure horse stables and shelters are well designed and constructed to provide suitable all weather protection for horses.

(b) To ensure horse stables and shelters are sympathetic to the rural landscape and the scenic environmental amenity of the locality.

Development Controls

1. Each horse should be provided with a suitable horse stable and exercise training yard.

2. The minimum size for any horse stable should be 3.7 metres wide and 3.7 metres deep. The height of any horse stable should be a minimum of 2.75 metres up to 3.4 metres, depending upon the height of the horse.

3. The roof of the stable shall provide all weather protection and should incorporate appropriate guttering and down pipes to convey stormwater into rainwater tanks and into appropriately designed stormwater drainage systems or drinking troughs.

4. The walls of the horse stable should be of a masonry construction for a height of at least 1.2 metres with either masonry or solid galvanised iron sheeting provided for the upper wall panelling. Any concrete masonry blocks should be reinforced with vertical steel rods and the cores filled with concrete. Some form of window or air passage between the roof and the walls is needed for cross-ventilation purposes.

5. The wall height shall range between 2.75 metres up to 3.4 metres high, depending upon the height of the intended horse. The external walls of the stable shall be appropriately sealed and waterproofed. The internal walls of the stable should be lined with plywood sheeting or rubber material to prevent injury to horses and to also protect the walls from pawing or kicking.

6. The doors of any horse stable shall be at least 1.2 metres wide and 2.4 metres high with no protrusions which may cause potential injury to the horse. Any latches to the doors should be strong and have no protrusions which may injure the horse.

7. The floor of any horse stable must be constructed of an impervious material which is graded towards the doorway to permit drainage and with no low spots where urine can collect.

8. A 100mm thick reinforced concrete slab is the preferred flooring method. Clean bedding such as straw or sawdust should be provided daily to prevent any foot or leg problems caused by the horse standing on concrete.

9. Feeders and water troughs should be raised to a height of 1.05 metres aboveground and placed within a corner of the stable. The feeders and water troughs should be smooth finished and free of any protrusions.

10. Any horse shelters shall be constructed to fulfil the same requirements as a horse stable regarding walls, floor and roofing but should be provided without any doors, in order to allow free passage of horses to / from the shelter, at all times.

11. The external finishes of any horse stable or horse stable shall be painted in a muted green, light brown or grey colour, in order to maintain the rural character of the surrounding locality.

6.13.6 Horse Paddocks

Objectives

(a) To ensure horse paddocks are of a sufficient size and are provided with appropriate feed and shade trees.

(b) To ensure horse paddocks are properly fenced (both internally and externally) to minimise any injury to horses and to encourage rotational grazing of the paddocks.

Development Controls

1. The minimum paddock size for each horse should be 3,000m² with a preferable size of 1 hectare or more.

2. Any horse paddock must contain a horse shelter as well as shade trees.

3. Horse paddocks should be internally fenced, wherever possible to allow for the rotational use of the grazing area, in order to minimise any potential overgrazing.

4. Supplementary feed must be provided, where necessary.

5. Post and rail fencing for horse paddocks is preferred. The use of wire or barb wire is not recommended because of its tendency to cause injury to horses. Electric fences are suitable but should be supported with some type of sight barrier (eg a painted tin lid) attached to the electric wire, in order to improve the visibility of the electric fence.

6.13.7 Liquid & Solid Waste Collection and Treatment

Objective

(a) To ensure all horse boarding, breeding or training establishments have appropriate liquid and solid waste collection and treatment systems.

Development Controls

1. All liquid wastes are to be led to a settling pond area, prior to discharge into any watercourse, stormwater drainage system or Sydney Water Corporation sewerage system. The settling pond area shall have a minimum capacity of 1.5% of the total site area with a maximum depth of 1.2 metres. Any pond overflow shall meet the water quality criteria set out in the ANZECC guidelines for the particular receiving waterway.

2. All solid manure should be removed regularly and placed in a suitable waste storage bin. The solid waste storage bin should be a large metal bin with a flanged-fitting metal lid which is waterproof and prevents access to flies and / or vermin. This bin should be emptied and disinfected weekly.

3. The full details of the proposed liquid and solid waste treatment process including the settling pond area are to be submitted with the Development Application for an animal boarding or training establishment.

4. In the event that the proposal is ultimately supported, a condition of consent may be imposed requiring an appropriate water sampling program to be implemented to monitor the water quality of any waters discharging from the settling pond.

5. The sampling regime is likely to involve quarterly sampling and sampling after each heavy rainfall event.

The sampling of the water at a registered NATA laboratory should include the following parameters:-

(a) pH;

(b) Suspended solids;

(d) Total Phosphorous;

(e) Ammonia;

(f) Total Nitrogen; and

(g) Faecal Coliforms.

6. The preparation of an annual environmental management plan may also be required for any approved horse boarding, breeding or training facility which outlines the performance of the settling pond bearing in mind the sampling regime.

6.13.8 Equine Precinct Subdivision

Objective

(a) To provide and preserve opportunities for the keeping of horses and related activities in a residential context within specific locations.

Development Controls

1. This section of the DCP applies to land within the Towac Equine Precinct, as defined in the Equine Precinct Map.

2. Subdivision of land within an Equine Precinct is to identify and include on all newly created lots a restriction as to user under Section 88B of the Conveyancing Act 1919 that:

a. Nominates an area of land within the lot suitable for the erection of a stable and exercise yard, sufficient for the keeping of at least 1 horse.

b. The area of land nominated must be consistent with the setbacks and other controls in this part of the DCP.

c. The area of land nominated is to be restricted so as to prevent the erection or maintenance of any buildings other than a horse stable and associated tack room.

3. Subdivision of land within an Equine Precinct shall be required to undertake post-and-rail fencing of the area nominated in the restriction as to user required above.

Reference

Update

Procedure

Following amendments to Access to Information Held by Council Procedure:

§ Formatting changes to whole of document.

§ Clause 1.3 – Informal Application - replacement of “Access to Information Application” with “Informal Request for Information form”.

§ Clause 1.4 – Formal Application - replacement of “Access to Information Application” with “Formal Access Application”.

§ Clause 2.2 – Excluded Information – replaced 13 categories of information with 16 categories of information for which there is a conclusive presumption of an overriding public interest against disclosure. Replaced “27” specifically named Acts referred to under overriding secrecy laws with “26” specifically named Acts.

§ Clause 4.2 - Review by Information Commissioner – addition of the words “The Information Commissioner must complete the review, and make any recommendations to Council within 40 working days after the Information Commissioner receives all information it considers necessary to complete the review.”

§ Clause 5.3 - Discount in Processing Charges – addition of the words “A processing charge must not be discounted under financial hardship or special public benefit by more than 50% even if both apply.”

§ Clause 8 – Contracts Register - addition of the words “(including GST)” after “$150,000”.

§ Annexure C – Access to Information Application replaced with Informal Request for Information Form.

§ New Annexure D – Formal Access Application.

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr M Previtera

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr M Previtera

Division of Voting
Voted For	Cr R Kidd (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
Voted Against	Nil
Absent	Cr M Previtera, Cr S Romano (Deputy Mayor)

Small Donations Program	Adopted Budget	Actual or Committed	Remaining Balance
Quarter 1	$35,000.00	$33,705.42	See Note 1
Quarter 2 School Prize Giving	$11,000.00 $4,000.00	$9,262.87 $4,000.00	See Note 2
Quarter 3	$15,000.00	$16,277.32	See Note 3
Quarter 4	$15,000.00	$0.00	$16,754.39
Orange Harness Racing Club - Annual to 2025/26	$20,000.00	$20,000.00	$0.00
TOTAL	$100,000.00	$83,245.61	$16,754.39

Application No 99	Orange City Rugby Club
Not for Profit	Yes.
Purpose of the Request Assistance With Line Marking of Four Fields for Under 10s Rugby Tournament 2020 - 19 March 2020 to 20 March 2020
Amount Requested $500.00 (estimated in-kind value to cover Council staff time and materials)
Policy Category Small Donations - Community Events (not being Event Sponsorship) - maximum $2,000.00.
Comment and Recommendation ST029 Donations and Grants strategic policy is currently on exhibition. It has a new area to allow local sport associations to request a donation under the Small Donations Program when they are holding Grand Finals, Carnivals/Championships and Invitationals. These local events are not covered in the Major Events Sponsorship Program, in the Sports Facilities Program or in the Sports Participation Program so this update is to cover that gap. The update also allows the local association to put in a donation under this new area even if they have received a donation in the same financial year under the Sports Facilities Program and/or under the Sports Participation Program. It is recommended that this request be approved.

Financial Year	Funding Instalment	Instalment Amount GST excl	Date paid
1/7/2016 to 30/6/2017	Payment 1	$10,000.00	31/12/2016
1/7/2016 to 30/6/2017	Payment 2	$10,000.00	01/03/2017
1/7/2017 to 30/6/2018	Payment 1	$10,000.00	20/12/2017
1/7/2017 to 30/6/2018	Payment 2	$10,000.00	28/03/2018
1/7/2018 to 30/6/2019	Payment 1	$10,000.00	11/01/2019
1/7/2018 to 30/6/2019	Payment 2	$10,000.00	26/02/2019
1/7/2019 to 30/6/2020	Payment 1	$10,000.00	12/12/2019
1/7/2019 to 30/6/2020	Payment 2	$10,000.00

Motion:	The National General Assembly calls on the Federal Government to investigate where and how Australia’s water resources can be sustainably developed including the construction of more water storage dams to ensure regional water supply is more resilient during periods of extreme dry weather and drought.
National Objective:	The provision of secure and reliable water supplies to regional communities, farmers and industries in the Central West of New South Wales and Australia is an objective that will support regional economic growth into the future.
Summary of Key Argument(s):	Whilst our Nation has been through dry weather events and drought in previous years and we will come out the other side of this current crisis, it will not be without affect. There is not a regional community affected by this current drought that has not been touched by loss whether it be physical losses, social losses or economic losses. The Nation needs to be better prepared for the next drought. Water storage dams are critical infrastructure in any community’s resilience against drought and extremely dry weather conditions and therefore we request the establishment of more to ensure long-term residential growth and agricultural production in the Central West of New South Wales and Australia.