Agenda of Council Meeting - 18 August 2020

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom

ON 11 August 2020

COMMENCING AT 7.00pm

1 Introduction

Attendance

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

Chief Executive Officer, Acting Director Corporate and Commercial Services (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Acting Manager Corporate Governance (Constantine), Manager Financial Services (Zoom), Executive Support Manager.

1.1 APOLOGIES

Nil

1.2 LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

1.3 ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted the Acknowledgment of Country.

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

Cr McRae declared a Significant Pecuniary interested in Item 2.1 of the Infrastructure Policy Committee (Minutes of the City of Orange Traffic Committee Meeting 14 July 2020) as she is a business owner in the area noted in part 3.4 of this item.

2 Mayoral Minutes

Nil

Cr Romano acknowledged the passing of Mrs Kidd (the Mayors Mother) and Council held a minute’s silence in her memory.

Cr Romano acknowledged the passing of Cr Mario Previtera and Council held a minute’s silence in his memory.

RESOLVED - 20/223 Cr S Romano/Cr S Munro

1 That the Chief Executive Officer organise a memorial for Cr Mario Previtera and provide options to his family for a suitable location from:

· Pinnacle Road Reserve

· Gosling Creek

· Bathurst Road Rest Stop (when constructed)

2 That the Chief Executive Officer provide a report back to Council with the options available and preferred location of the family.

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 20/224 Cr J Hamling/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 21 July 2020 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 21 July 2020.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.10PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.20PM

**Cr Romano left the meeting with the time being 8.21pm and did not return.**

4 Notices of Motion/Notices of Rescission

4.1 Notice of Motion - 75th Anniversaries of the Atomic Bombings of Hiroshima and Nagasaki

TRIM Reference: 2020/929

This ITEM WAS WITHDRAWN

5 General Reports

5.1 Health and Innovation Precinct Masterplan Adoption

TRIM Reference: 2020/1064

MOTION Cr J Hamling/Cr J Whitton

That Council resolves:

1 That the Health and Innovation Precinct Masterplan be adopted.

2 That Orange City Council continue to work with the NSW Government, agencies and stakeholders to realise the goals of Health and Innovation Precinct Masterplan.

AMENDMENT Cr S Nugent/Cr T Mileto

That Council resolves:

1 That the Health and Innovation Precinct Masterplan be adopted with the addition of Master Planning Principle 7 – Green Space & Passive Recreation.

2 That Orange City Council continue to work with the NSW Government, agencies and stakeholders to realise the goals of Health and Innovation Precinct Masterplan.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST

For: Cr Nugent

Against: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Taylor, Cr Turner, Cr Whitton

Absent: Cr Romano

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 20/237 Cr J Hamling/Cr J Whitton

That Council resolves:

1 That the Health and Innovation Precinct Masterplan be adopted.

2 That Orange City Council continue to work with the NSW Government, agencies and stakeholders to realise the goals of Health and Innovation Precinct Masterplan.

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

Against: Nil

Absent: Cr Romano

Cr Taylor stated that the community should be reminded that the radiata pines are on the northern nine holes of the golf course not on Bloomfield gardens.

Cr Mileto asked if the radiata pines can be harvested and potentially used for construction.

Cr Kidd stated this can definitely be looked into.

Cr Nugent stated that submissions talked about the open space issue and that this would be looked at in future stages but does not say when.

The Acting Director Corporate & Commercial Services stated that consultation would be part of future stages as they progress.

5.2 Demolition of Perry Oval Amenities Building

TRIM Reference: 2020/1233

MOTION Cr R Turner/Cr S Munro

That Council approve the demolition of the Perry Oval Amenities building.

AMENDMENT Cr R Kidd/Cr G Taylor

That this item be deferred until such time as Councillors are briefed and a site inspection undertaken.

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

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

Against: Nil

Absent: Cr Romano

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 20/238 Cr R Kidd/Cr G Taylor

That this item be deferred until such time as Councillors are briefed and a site inspection undertaken.

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

Against: Nil

Absent: Cr Romano

Cr Taylor requested the cost of commissioning the assessment reports of Cook Roe.

The Director Community, Recreation & Cultural Services stated that he will need to clarify however it would be in the order of $1500-$2000. There are 2 different reports addressing different aspects.

Cr Taylor stated the intention was to restore Perry Oval for community use, that quotes from local tradies should be obtained for a replacement roof and that he cannot see where $122,000 comes from.

Cr Duffy stated we should see what the tradies can do, that he is concerned about the money spent on the report and questions the whole process.

Cr Mileto started he will support another look at it and questioned whether the repairs would satisfy the insurer. He congratulated Council on getting the reports to see what we have, giving clarity on the estimated costs.

Cr Whitton stated that it is already a Council asset which we are obligated and responsible to keep in a state of usability. This site would be ideal for farmers markets.

Cr Hamling stated that if the money is spent on the grounds it will be used, and once the ground is suitable then council should apply for grant funding.

The Chief Executive Officer advised that project Perry Oval includes the Surface, Irrigation & Toilet Block in line with the Council resolution at budget time.

The Director Community, Recreation & Cultural Services stated that the ground is being used by many groups and agreed with the commentary on its condition. $30,000 is being invested on irrigation of the ground and there is a demand for amenities.

5.3 Progress Report - Operational Plan 2019/2020 (Delivery Program Year 2) - Quarter 4

TRIM Reference: 2020/1263

RESOLVED - 20/239 Cr S Nugent/Cr S Munro

That the Progress Report - Operational Plan 2019/2020 (Delivery Program Year 2) - Quarter 4 be acknowledged.

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

Against: Nil

Absent: Cr Romano

5.4 Tourism and Event Marketing

TRIM Reference: 2020/1292

RESOLVED - 20/240 Cr J Whitton/Cr S Nugent

That the report by the Acting Director of Corporate and Commercial Services be acknowledged.

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

Against: Nil

Absent: Cr Romano

Cr Duffy asked if the $100,000 for Orange 360 has been approved.

The Chief Executive Officer stated that this is currently on exhibition.

6 Closed Meeting

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

In response to a question from the Mayor, the Chief Executive Officer advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.

The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.

RESOLVED - 20/241 Cr J Hamling/Cr S Munro

That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

6.1 2019/2020 Water/Sewerage Charges - 9-17 Edward Street Orange

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

6.2 Lease Hangar X Orange Airport

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

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.59pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.20pm.

7 Resolutions from Closed Meeting

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

6.1 2019/2020 Water/Sewerage Charges - 9-17 Edward Street Orange

TRIM Reference: 2020/1199

RESOLVED - 20/242 Cr J Whitton/Cr S Munro

1 That the combined total water consumption charges over the 4 billing periods of $4,905.98 be reduced by 40% to $2,943.59, being a credit of $1,962.39.

2 That the combined total sewerage charges over the 4 billing periods of $18,981.02 be reduced to $15,049.80 (the minimum charge applicable to the site), being a credit of $3,931.22.

3 That the total interest charges of $1,605.01 be written off.

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

Against: Nil

Absent: Cr Romano

6.2 Lease Hangar X Orange Airport

TRIM Reference: 2020/1256

RESOLVED - 20/243 Cr K Duffy/Cr J Whitton

That Council resolves:

1 To enter into a lease of Hangar X for a term of 5 years plus 4, 5 year options.

2 That approval be granted for the use of the Council Seal on all relevant documents.

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

Against: Nil

Absent: Cr Romano

The Meeting Closed at 9.22PM

This is Page Number 12 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 11 August 2020.

Council Meeting 18 August 2020

5.2 Statement of Investments - July 2020

TRIM REFERENCE: 2020/1355

AUTHOR: Julie Murray, Financial Accountant

EXECUTIVE SUMMARY

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

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves:

1 To note the Statement of Investments as at 31 July 2020.

2 To adopt the certification of the Responsible Accounting Officer.

further considerations

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

SUPPORTING INFORMATION

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

As at 31 July 2020, the investments held by Council in each fund is shown below:

	31/07/2020	30/06/2020
General Fund	69,739,640.53	69,249,826.66
Water Fund	57,860,451.54	60,892,280.89
Sewer Fund	50,308,439.29	52,948,375.58

Total Funds	177,908,531.36	183,090,483.13

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:

	31/07/2020	30/06/2020
Externally Restricted
- General Fund	29,242,915.50	29,048,626.27
- Water Fund	57,860,451.54	60,892,280.89
- Sewer Fund	50,308,439.29	52,948,375.58
- Auspiced	1,906,880.24	1,702,428.42
Internally Restricted	21,911,638.65	21,481,818.40
Unrestricted	16,678,206.14	17,016,953.57
Total Funds	$177,908,531.36	$183,090,483.13

The unrestricted cash position movements during the month are normal as projects commence and income is received. Movements may also arise following processing of income received between funds or into restricted assets to appropriately allocate for the purposes Council has determined. The change in the restrictions during July are in part from the conclusion of the 2020 financial year and the utilisation of restricted assets for the funding of capital projects. Council’s cash flow is monitored on a daily basis and some investments have been redeemed rather than rolled over to support operational requirements.

Portfolio Advice

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

Imperium Markets major services provided to Council include:

· Quarterly portfolio summary reports

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

· Advice on policy construction

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

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 July 2020 remained at 0.25 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.38 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 0.25 per cent plus 0.75 per cent (or 75 basis points).

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 July 2020, the AusBond rate was 0.98 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.38 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%	22.40%	77.60%
3 - 12 Months	100.00%	45.06%	54.94%
1 - 2 Years	70.00%	19.89%	50.11%
2 - 5 Years	50.00%	12.65%	37.35%
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%	8.26%	91.74%	$14,691,761.55	0.25%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	31.90%	68.10%	$56,756,160.00	1.38%
A	60.00%	30.58%	29.42%	$54,400,000.00	1.31%
BBB & NR	40.00%	29.26%	10.74%	$52,060,609.81	1.56%
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 18 August 2020

Attachment 1 Working Document - Outstanding Resolutions for Council Meetings

OUTSTANDING QUESTIONS TAKEN ON NOTICE/MATTERS ARISING FROM COUNCIL MEETINGS

Date of Meeting	Meeting	Questions on Notice/Matters Arising	Action Taken	To be completed
21-Jul-20	CCL	QUESTION TAKEN ON NOTICE Cr Nugent asked if Council made application in the Stronger Communities Fund.	Information to be provided.
21-Jul-20	CCL	QUESTION TAKEN ON NOTICE Cr Mileto asked if a timeframe could be provided with regard to LED lights for Jack Brabham Park at Bernie Stedman Field.	Lights are not included in forward plans as yet.
21-Jul-20	CCL	QUESTION TAKEN ON NOTICE Cr Hamling asked if the $200,000 can be matched by another body such as Destination NSW and if local contractors could be involved.	Council seeking grant funding.
21-Jul-20	CCL	MATTER ARISING Cr Whitton asked that a news article on Orange being in the top 5% of First Home Buyers be provided to Councillors.	Acting Director Corporate & Commercial Services to circulate.
7-Jul-20	CCL	MATTER ARISING Cr Nugent asked a question in regard to an easement line across the site and whether a grove of gum trees was still on the site. The meeting was advised that staff would investigate.	The trees have been maintained in the DA consent.
7-Jul-20	IPC	Cr Romano raised the issue of missing street signs on Peisley Street between Casey Street and Matthews Avenue.	Passed onto Works to order and action.
7-Jul-20	IPC	Cr Mileto raised the issue of dangerous driving near the intersection of Gardiner Road and Hill Street and requested that traffic counting devices be installed. The Director Technical Services advised that the devices could be installed.	Blackspot application for 2021/22 being prepared now.
7-Jul-20	IPC	Cr Previtera raised the issue of congestion in south Lords Place near the Essential Energy depot during drop off at the Anson Street Public School.	Discussions between the school and Essential Energy to facilitate this has begun.
7-Jul-20	FPC	MATTER ARISING Cr Kidd requested that the original resolution when the expo first went to Council be reviewed in relation to the intention for seed funding rather than ongoing support.	Information to be provided.
16-Jun-20	CCL	MATTER ARISING Cr Duffy requested a cost estimate of a CBD mall from in Anson Street from Summer Street to Kite Street.	Information to be provided.

16-Jun-20	CCL	MATTER ARISING Cr Kidd requested a report on the vacant number of empty shops in the CBD. The CEO advised that retail consultant Peter Leyshon would come to Orange to give a session to Councillors on retail trends.	15% - Leyshon briefing Council on 18 August. Effectively, "retail" vacancies are 7%-8% (when considering proposals in DAs, type of business, etc).
16-Jun-20	CCL	MATTER ARISING Cr Nugent requested that water bird monitoring data from Spring Creek Reservoir be included in report.	Water-bird monitoring data is being sourced from the Orange Field Naturalist & Conservation Society Inc. This information will be provided to the author of the report on recreational use of this facility.
16-Jun-20	CCL	MATTER ARISING Cr Nugent request a report be presented on how Council best implement access to the wetlands while protecting the ecological value and water quality issues at the wetland.	Seeking further clarification.
2-Jun-20	ESPC	MATTER ARISING The Mayor requested that information be provided to the media on Council’s progress in regard to solar energy.	Report to ESCC on 14^th August.
2-Jun-20	CCL	MATTER ARISING Cr Munro requested that staff report on how Councillors conduct themselves regarding Social Media and maybe get training on how they conduct themselves in regards to comments. Cr Kidd advised that all Councillors can access training of their choice.	Social Media policy is within the Code of Conduct.
19-May-20	CCL	MATTER ARISING Cr Munro requested that the Chief Executive Officer follow up on where the extra parking at the Orange Health Services is up to.	Country club parking complete. "Golf club parking not built."
4-Feb-20	CCL	Cr McRae requested Councillors be provided with a briefing on the supply agreements with Cadia.	Currently being prepared.
4-Feb-20	CCL	Cr Duffy requested that a question he raised at the meeting of 14 January 2020 be addressed regarding water security and whether land purchased on the Macquarie River is available to our Council as a water licence and sought information to be circulated to Councillors as to the details of that licence and the basis for purchasing the land.	This matter to be followed up.
8-Nov-19	IPC	QUESTION TAKEN ON NOTICE Cr Romano requested information be provided on the availability of dedicated Councillor parking spaces at the Civic Centre.	Options being investigated as part of Old Williams project.
17-Sep-19	CCL	MATTER ARISING Cr Duffy requested a report be brought to Council identifying the mechanisms available to address suitable locations in Orange for development of social housing.	Research into this matter underway as part of Local Housing Strategy (LHS) to consider options that take into account environmental and socio-economic factors. LHS on exhibition June 2020.
6-Aug-19	PDC	Cr Duffy requested a report be provided to Council regarding 62 Byng Street and Highland Heritage on the differences in Court determined DA costs versus original costs as well as the costs incurred from hearing the matters in Court.	Scheduled for Council Meeting of 17 December 2019.
4-Jun-19	EEDPC	QUESTIONS TAKEN ON NOTICE Cr Kidd requested an update on the current status of relationships and activities with the Sister Cities and also on any visits planned in the future.	Updates on the Sister Cities, including visits planned, were included in the Sisters Cities Community Committee meeting on 25 July 2019. As there was no quorum at that meeting, these updates could not go up to Council via the Employment and Economic Development Policy Committee. Preliminary discussions on these requested updates and a review of Sister Cities has begun ahead of a full report to Council.
5-Mar-19	ESPC	MATTER ARISING Cr Nugent requested a report be brought back to Council on examples of how other Councils protect trees and in particular the use of tree bonds.	Information to be provided.

OUTSTANDING RESOLUTIONS FROM COUNCIL MEETINGS

Date of Meeting	Meeting	Resolution	Action Taken	To be completed
21-Jul-20	CCL	5.8 LOCAL STRATEGIC PLANNING STATEMENT 2020 TRIM REFERENCE: 2020/1200 RESOLVED - 20/222 Cr S Romano/Cr S Munro That Council acknowledge the attached draft Local Strategic Planning Statement (LSPS) and resolve to place the LSPS on public exhibition for a period of 28 days.	The Local Strategic Planning Statement is currently on exhibition. Exhibition closes on Monday, 24 August 2020.
21-Jul-20	CCL	4.1 NOTICE OF MOTION TRIM REFERENCE: 2020/1130 RESOLVED - 20/214 Cr S Nugent/Cr R Kidd That Council prepare a report outlining: 1 Current use of single use plastic across all Council operations; 2 Available alternatives to single use plastic items currently in use in Council operations and Council run or sponsored events; 3 Achievable timeframes to phase out single use plastic in Council operations and Council run or sponsored events where alternatives are available; and 4 Achievable timeframes for developing a Single Use Plastics Policy that addresses the reduction of single use plastics in Council operations and events, supports the 2025 National Packaging targets, and identifies suitable alternatives, including timeframes for implementation.	Ongoing – Relevant council staff have met and have started planning the project to gather data to be able to prepare the report.
7-Jul-20	CCL	6.1 AIRPORT SERVICES EXPANSION TRIM REFERENCE: 2020/1065 RESOLVED - 20/210 Cr K Duffy/Cr S Munro That Council finalise the agreement to expand services at the Orange Airport as per the conclusion of this report.	To be finalised.
7-Jul-20	CCL	5.4 THE SPRINGS; AN ABORIGINAL AND NON-ABORIGINAL FRINGE CAMP LOCATED IN SOUTH ORANGE - CONSERVATION MANAGEMENT PLANS AND FUTURE DIRECTIONS FOR THE SITE - REPORT FOLLOWING PUBLIC EXHIBITION PERIOD TRIM REFERENCE: 2020/1076 RESOLVED - 20/208 Cr S Nugent/Cr T Mileto 1 That the Archaeological Assessment and Heritage Study, Conservation Management Plan and the Heritage Landscape Plan be adopted by Council. 2 That a more focussed multiyear action list be developed in consultation with OLALC and Council as funding and resources permit. 3 That further consultation, investigation and history be developed on the Rifle Range and Tip area, which may form a Heritage Study/ Conservation Management Plan.	Noted - Council working with OLALC to develop Plan. Council to Conduct further research on the Rifle Range and Tip area. Funding to be sought for a study to be developed.
7-Jul-20	PDC	2.3 DEVELOPMENT APPLICATION DA 120/2020(1) - 52-54 BATHURST ROAD, AND 25 AND 27 EYLES STREET (TACO BELL) TRIM REFERENCE: 2020/1005 RESOLVED - 20/193 Cr J Whitton/Cr S Munro That Council consents to Development Application DA 120/2020(1) for Takeaway Food and Drink Premises and Signage at Lot 507 DP 712206, and Lots 3 and 4 DP 37362 – 52 54 Bathurst Road, Orange, and 25 and 27 Eyles Street, Orange pursuant to the conditions of consent in the attached Notice of Approval with the additional condition of no parking line marking on the driveway to the property south of the development in Eyles Street.	Determination issued on 14 July 2020.
7-Jul-20	PDC	2.2 DEVELOPMENT APPLICATION DA 234/2018(1) - 129-133 SALE STREET (CALDWELL HOUSE) TRIM REFERENCE: 2020/294 RESOLVED - 20/192 Cr S Nugent/Cr T Mileto With respect to development application DA 234/2018(1) for Demolition of a Heritage Item (all buildings, structures and vegetation to be removed) and Category 1 Remediation (asbestos removal) at Lot 2 DP 1230592 - 129-133 Sale Street, Orange it is recommended that Council: 1 Note the contents of the planning report and the recommendations therein. 2 Accept the terms of the draft notice of determination. 3 Direct Council staff to obtain the concurrence of either the applicant or the Minister as required by Section 4.33 of the Environmental Planning and Assessment Act. 4 That Council delegate the authority to determine Development Application DA 234/208(1) to the Chief Executive Officer subject to the receipt of concurrence from the Crown.	Council wrote to the applicant on 13 July 2020 requesting concurrence with the draft Notice of Determination. To date there has not been a response from the applicant.
7-Jul-20	FPC	2.2 REQUEST FOR FINANCIAL ASSISTANCE - SUSTAINABLE LIVING EXPO - 25 OCTOBER 2020 TRIM REFERENCE: 2020/1008 RESOLVED - 20/201 Cr S Nugent/Cr S Munro That Council resolves: That funding of $7,000 be made from the Event Sponsorship Funding Program to Rotary Club of Orange Inc. (Sustainable Living Expo 2020).	Funding to be provided.
16-Jun-20	CCL	6.4 INITIATIVES TO SUPPORT CBD BUSINESSES TRIM REFERENCE: 2020/932 RESOLVED - 20/183 Cr S Nugent/Cr S Munro That Council resolves: 1 That the report by the Acting Chief Executive Officer be acknowledged. 2 That a business support program be developed as part of the OC Future City Project.	Program to be developed.
2-Jun-20	PDC	2.4 HERITAGE STUDY REVIEW TRIM REFERENCE: 2020/819 RESOLVED - 20/149 Cr S Nugent/Cr R Kidd That the Draft Heritage Study Review May 2020 prepared by David Scobie Architects and Adaptive Architects be placed on public exhibition for a period of 40 days.	The Heritage Study Review has been publicly exhibited. Exhibition closed on Friday, 31 July 2020.
2-Jun-20	PDC	2.2 PLANNING PROPOSAL TO AMEND ORANGE LOCAL ENVIRONMENTAL PLAN 2011 - REZONING OF 185 LEEDS PARADE TRIM REFERENCE: 2020/750 RESOLVED - 20/147 Cr J Whitton/Cr S Munro 1 That Council resolve to support the planning proposal, enabling the matter to be progressed through to the Gateway process; with staff to forward the matter to the Department of Planning, Industry and Environment for assessment. 2 That the matter then proceed in accordance with any requirements or conditions of a Gateway Determination before being returned to Council once the public and agency consultations have been concluded. 3 That Council require the site to be subject to a Development Control Plan in the form of a masterplan that addresses: • Urban design outcomes with respect to the presentation of the site to the frontages of Leeds Parade and the Northern Distributor Road. • Measures to address potential acoustic impacts emanating from the site. • Pedestrian and cyclist linkages and permeation of and through the site. • Size, height and number limits on the extent of pylon signs, as well as appropriate and preferred locations for such signs. 4 That the proponent be advised of the need to prepare a masterplan addressing the above matters, to enable future development of the site to proceed in an orderly manner.	The planning proposal (now LEP Amendment 27) has received a Gateway Determination and is currently on public exhibition. Exhibition closes on Monday, 24 August 2020.
2-Jun-20	CCL	6.3 HEALTH INFRASTRUCTURE AGREEMENT TRIM REFERENCE: 2020/781 RESOLVED - 20/165 Cr J Whitton/Cr M Previtera That Council resolves: 1 To offer to Health Infrastructure the arrangements outlined in the conclusion of this report. 2 That authority be granted to the CEO to finalise negotiations. 3 That authority be granted for the use of the Council Seal on any documentation if required.	To be finalised.
2-Jun-20	CCL	5.7 CITY ENTRANCE SIGN CONCEPTUAL DESIGN TRIM REFERENCE: 2020/814 RESOLVED - 20/161 Cr R Kidd/Cr S Munro That a report be brought back to Council on entrance signage at the intersection of the Northern Distributor Road and Mitchell Highway on the eastern approach including detail on size, ambience and cost implications and that the design include an acknowledgement to the Wiradjuri people as the traditional owners of this land and the inclusion of flags.	Costing circulated. Report to Council 1 September 2020.
19-May-20	CCL	6.1 EOI - LOAN BORROWINGS CONFIDENTIAL TRIM REFERENCE: 2020/709 RESOLVED - 20/143 Cr S Munro/Cr R Turner That Council resolves: 1 That the loan funds be drawn from the National Australia Bank repaid in semi-annual instalments over 10 years. 2 That should the National Australia Bank be unable to furnish our request, the loan funds are drawn from NSW Treasury (T-Corp) to be repaid over ten years in quarterly instalments. 3 That an application be submitted under the NSW State Government’s – Low Cost Loan Initiative – Round three, for an interest rate subsidy. 4 That the Chief Executive Officer be authorised to execute relevant documents. 5 That approval be granted for use of the Council Seal on all relevant documents if required. 6 That necessary advice be supplied to the NSW Government on Council’s borrowings.	Waiting on information from Planning NSW.
7-Apr-20	CCL	6.1 LEASE HANGAR T ORANGE AIRPORT TRIM REFERENCE: 2020/482 RESOLVED - 20/107 Cr K Duffy/Cr S Munro That Council resolves: 1 To enter into a five year lease with four options of five years of Hangar Site T at Orange Airport with Orange Helicopters Pty Ltd commencing 7 April 2020. 2 That permission be granted to use the Council seal on all necessary documentation.	Waiting on lease to be signed by lessee.
7-Apr-20	CCL	2.3 MAYORAL MINUTE - INSURANCE FOR VOLUNTARY ORGANISATIONS TRIM REFERENCE: 2020/507 RESOLVED - 20/098 Cr K Duffy/Cr S Nugent That Council investigate the possibilities to lighten the financial burden of insurance for community groups that organise local events for community benefit either through fundraising or providing entertainment.	Progressing.
7-Apr-20	CCL	2.2 MAYORAL MINUTE - MAYORAL CENTROC AND CNSW JOINT ORGANISATION BOARD REPORT TRIM REFERENCE: 2020/502 RESOLVED - 20/097 Cr R Turner/Cr S Nugent That the Mayoral Report from the Board meetings for Centroc and the Central NSW Joint Organisation Meeting held 27 February 2020 in Grenfell be noted; and 1 Council receive a report on its Sister City relationships with a view to fostering closer links to communities in western Sydney; and 2 Council provide advice to the JO on its position with regard to climate change and advice on programming being undertaken with a view to this being showcased.	1 - Progressing 2 - JO notified.
17-Mar-20	CCL	6.4 TENDER FOR CONSTRUCTION OF ORANGE REGIONAL GALLERY EXTENSION TRIM REFERENCE: 2020/462 RESOLVED - 20/094 Cr J Hamling/Cr J McRae That Council resolves: 1 That Council declines to accept any tender for the Construction of the Orange Regional Gallery Extension F3020-8 as all tender submissions exceeded the available funds for this component of the project. 2 That Council not call fresh tenders as it may delay the project and impact upon the current funding milestones, possibly putting funding at risk. 3 That Council enters into negotiations with the two highest tender submissions being Renascent Regional Pty Ltd and North Construction and Building Pty Ltd with a view to revising the project scope and to identify innovative solutions and cost savings to deliver the project. 4 That Council explores additional funding that may be able to address any shortfall in the construction of the Orange Regional Gallery Extension.	Report to Council 18 August 2020.
17-Mar-20	CCL	5.13 NAMING - CRICKET CENTRE OF EXCELLENCE TRIM REFERENCE: 2020/464 RESOLVED - 20/088 Cr J Whitton/Cr J Hamling That Council resolve: 1 That Council name the Cricket Centre of Excellence at Wade Park the Carl Sharpe Cricket Centre; and 2 That within the foyer of the Cricket Centre Orange, cricketers or administrators who have significantly contributed to this country or the region in cricket, will be documented through a photo portrait and text of their achievements.	Resolution noted. Work commencing to collate information for display of foyer of Cricket Centre.
17-Mar-20	CCL	5.9 LEASE OF WENTWORTH PARK RESERVE TRUST TRIM REFERENCE: 2020/424 RESOLVED - 20/084 Cr R Turner/Cr S Munro 1 That Council resolve to agree to allow the surrender of the current lease of the Wentworth Park Reserve Trust to Wentworth Golf Club Ltd and simultaneously enter into a 21 year lease of the Wentworth Park Reserve Trust with Orange Ex-Services Club Limited on terms and conditions acceptable to Council. 2 That approval be granted for the use of the Council Seal on any necessary documentation if required.	Draft surrender documents developed and the matter is progressing.
17-Mar-20	CCL	5.5 TOWAC EQUINE PRECINCT - CONTRIBUTIONS PLAN AND DEVELOPMENT CONTROL PLAN TRIM REFERENCE: 2020/418 RESOLVED - 20/081 Cr K Duffy/Cr S Romano That Council resolves to: 1 Endorse and adopt the contributions plan in relation to the Towac Equine Precinct subject to the Minister of Planning authorising a variation to the contributions cap. 2 Endorse and adopt the draft Development Control Plan provisions, to be known as chapter 6A of Orange DCP 2004. 3 Subject to the above, Council endorse the making of Orange Local Environmental Plan 2011 – Amendment 17 to establish the Towac Equine precinct and instruct staff to pursue finalisation of this matter with the Department of Planning, Industry and Environment.	With applicant.
17-Mar-20	CCL	5.4 LOCAL HOUSING STRATEGY TRIM REFERENCE: 2020/46 RESOLVED - 20/080 Cr S Nugent/Cr R Turner That Council resolves to: 1 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 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.	Stages 1 and 2 complete. Public exhibition commenced.
3-Mar-20	CCL	2.1 MAYORAL MINUTE - MARGARET STREET RAIL CROSSING TRIM REFERENCE: 2020/332 RESOLVED - 20/052 Cr R Kidd/Cr S Munro That Council investigate the need to open the Margaret Street rail crossing permanently.	Investigation underway. Application is in to open March Street.
3-Mar-20	CCL	RESOLVED - 20/019 Cr J Hamling/Cr G Taylor Cr Hamling put a motion that a shelter at Brendon Sturgeon Oval be named after Harry Greenhalgh who lost his life in a tragic water skiing accident. Harry was a member of the Bloomfield Junior Rugby League Club.	Project still being completed.
4-Feb-20	CCL	4.3 NOTICE OF MOTION - DEVELOPMENT OF CLIMATE CHANGE STRATEGIC POLICY TRIM REFERENCE: 2020/105 RESOLVED - 20/031 Cr S Nugent/Cr J Hamling That Council develop a strategic policy on Council’s future response to climate change including mitigation, adaption and risk management issues.	Currently developing this policy which will require extensive consultation and investigation.
3-Dec-19	SRPC	2.1 BMX TRACK - ANZAC PARK 2019/1431 RESOLVED - 19/545 Cr S Nugent/Cr M Previtera That Council resolves to: 1 Note the amended Master Plan for Anzac Park. 2 Demolish the existing BMX Track and level the residual soil to enable use as a green space.	Acknowledged. DA being prepared for open space and quotations obtained for demolition of track. Report to Council September 2020.
22-Oct-19	CCL	6.1 ASPHALT PLANT ORANGE 2019/1947 RESOLVED - 19/504 Cr K Duffy/Cr S Munro 1 That the report by the Manager of Corporate and Community Relations be acknowledged. 2 That Council continues to support the establishment of an asphalt plant in Orange when opportunities arise. 3 That discussion take place between the Chief Executive Officer, Director Technical Services, Cr R Kidd and Cr J Whitton.	Meeting to be scheduled. Also meeting Downer this week and Boral have shown renewed interest in submitting a DA for a plant at Shadforth's.

Council Meeting 18 August 2020

Attachment 2 Completed Resolutions from Council Meetings (including Questions Taken on Notice etc) - Summary

COMPLETED

REGISTER – QUESTIONS ON NOTICE & MATTERS ARISING

As at August 2020

Date of Meeting	Meeting	QUESTIONS ON NOTICE/MATTERS ARISING	Action Taken/Comment	STATUS
21 July 2020	CCL	MATTER ARISING Cr Kidd advised a letter had been sent from the Federal Member to the Federal Minister for Agriculture asking for support for the Australian National Field Days and requested a copy of the letter be circulated to Councillors.	Letter emailed to Councillors on 22 July 2020.
21 July 2020	CCL	QUESTION TAKEN ON NOTICE Cr Duffy stated an accommodation provider advised him the turnover from April 2020 was $14,000 compared to $190,000 in April 2019 and asked what other organisations Council contributes towards tourism funding.	Report to Council 4 August.
21 July 2020	CCL	QUESTION TAKEN ON NOTICE Cr Nugent advised it was a good initiative and asked if there was a possibility that the saved funds can be rolled back into the revolving energy fund to assist other projects. The CEO stated it was not part of the revolving energy fund, and Councillors will be provided with further information.	Dave Waddell advises the following: The Revolving Energy Fund was set up by Council several years ago using seed funding from a failed wind project. It is a self-funding fund if that makes sense, not a place for new funds to be put without Council resolution.
21 July 2020	CCL	QUESTION TAKEN ON NOTICE Cr Duffy asked if the lighting could be coloured in Summer Street.	A number of coloured LED lights were trialled and found not to be as reliable.
21 July 2020	CCL	MATTER ARISING Cr Mileto commended Newcrest on providing sanitizing stations across the local sporting fields and requested Council write to Newcrest and commended the organisation on this great initiative.	Letter sent.
7 July 2020	FPC	MATTER ARISING Cr Taylor advised that a number of churches had been undertaking renovation work including the retaining wall renovation at St Josephs and the new roof at Holy Trinity. Cr Kidd advised he would write to the churches on behalf of Council congratulating them on the work undertaken.	Letters have been sent.
7 July 2020	CCL	MATTER ARISING That the Chief Executive Officer arrange a suitable time for the Councillor Policy Review Committee to meet	Councillor Policy Review Committee meeting was scheduled for 3 August 2020, however postponed to a date to be set.
7 July 2020	IPC	MATTER ARISING Cr Taylor raised the issue of parking and signage in middle of Dalton Street near the new DPI site. The matter will be referred to the City of Orange Traffic Committee to best determine how the centre street parking can be managed.	Report went to City of Orange Traffic Committee meeting held on 11 August 2020 recommending to not use for centre parking. Minutes will be presented to Council 1 September 2020.
16 June 2020	CCL	MATTER ARISING Cr Duffy asked when could the Policy Review Committee meet. The CEO advised that a response would be forthcoming.	The Committee meeting was set for 3 August 2020 however was postponed.
16 June 2020	CCL	MATTER ARISING Cr Turner requested that congratulations be passed on to Wayne Davis, Manager Waste Services and Technical Support, regarding the Resource Recovery Centre and how tidy it is looking.	Complete.
16 June 2020	CCL	MATTER ARISING Cr Hamling asked where the Mountain Bike Park proposal was up to.	The Mayor advised that the matter had been raised at a recent meeting with the Minister for Energy and Environment, Matt Keane, and there would be a follow up meeting with representatives of the National Parks and Wildlife Service to put Orange’s case.
16 June 2020	CCL	MATTER ARISING Cr Duffy asked when a section of Icely Road would be repaired.	The Director of Technical Services advised it would be considered under the repair budget but was not in the plans for a renewal.
2 June 2020	CCL	MATTER ARISING Cr Taylor raised an issue relating to parking.	It was advised that a number of matters were due to proceed to the City of Orange Traffic Committee.
2 June 2020	IPC	RESOLVED - 20/151 Cr J Hamling/Cr S Nugent That Council resolves to allow the Farmers Markets to return to the Naylor Pavilion from 13 June 2020 subject to following current COVID19 restrictions.	Noted.
2 June 2020	FPC	MATTER ARISING Cr Mileto asked to be provided with details of a previous loan agreement with the Club (Duntryleague).	Email to Councillors 12 June - Duntryleague has repaid their $110,000.00 loan in full as at 13 November 2019. COMPLETE.
19 May 2020	CCL	Cr Nugent requested a site visit of The Springs be held for all Councillors.	Visit occurred Tuesday 7 July 2020.
19 May 2020	CCL	In response to queries from Cr Hamling on the 1 June opening of regional NSW for travel again, Director Technical Services undertook to obtain an update from Qantas on its proposal to fly to Orange.	Obtaining update from Qantas.
12-May-20	IPC	MATTER ARISING Cr Munro requested a report be brought back to Council on the number of apprentices currently employed by Council and whether the number could be increased.	Report to be provided to 16 June 2020 meeting.
12-May-20	SRPC	MATTER ARISING Councillor Duffy requested a list be circulated to Councillors on the steps required to be taken by Council in order to remove the BMX track.	Steps involve a DA then contracted soil removal.
3-Mar-20	CCL	MATTER ARISING Cr Duffy requested Council be provided an update on the overhead bridge on Cecil Road.	Weight limits imposed by John Holland with School Bus exemptions. Bridge is a rail asset and renewal not likely to be known until new rail operator is known.
4-Feb-20	IPC	Cr Taylor requested the traffic committee consider an extension of parking times on Sale and Prince Street from 1 to 2 hours given the number of elderly persons that use the area.	Parking strategy complete for times around DPIE building. Will also continue to monitor demand.
4 Feb 2020	IPC	Cr Whitton requested the traffic committee consider safety issues at the intersection of March Street and Lords Place.	Report went to City of Orange Traffic Committee meeting held on 18 June 2020. It was resolved to monitor crash history at the intersection.
4-Feb-20	CCL	6.1 AIRPORT SERVICE EXPANSION TRIM REFERENCE: 2020/55 RESOLVED - 20/038 Cr K Duffy/Cr S Munro That Council finalise the agreement to expand services at the Orange Airport.	Further report went to Council 7 July 2020.
3 December 2019	IPC	Cr Taylor asked that sewer flows in Nathan Street being investigated and a permanent solution identified as it was occurring approximately every three months and was a significant issue for residents.	Some sections reconstructed and root intrusions removed. Completed in December 2019.
3 December 2019	SPC	MATTER ARISING Cr Duffy requested a report on the Historical Society and where old photographs are up to and has Council identified storage areas for them.	20,000 key images copied. Accessible storage for digitised images currently being finalised. Draft budget has $20,000 p.a.
1 October 2019	CCL	MATTER ARISING Cr Mileto requested that information be provided to Councillors on Council’s liability for damage from street trees.	Information provided to Manager for distribution to Councillors.
2 July 2019	IPC	QUESTIONS TAKEN ON NOTICE Cr Taylor requested information be provided regarding the ability to dredge or de-silt the city’s water supply dams and re-visit the use of Lucknow mine water as an emergency water supply.	Information provided.

COMPLETED

REGISTER – RESOLUTIONS & NOTICES OF MOTION

Date of Meeting	Meeting	Resolution	Action Taken/Comment	STATUS
21 July 2020	CCL	5.6 COVID 19 ORANGE 360 RESPONSE TRIM REFERENCE: 2020/1151 RESOLVED - 20/220 Cr S Munro/Cr R Turner That council exhibit for 28 days the intention to increase funding by $100,000 to TDO Ltd trading as Orange 360 for the purposes of COVID rebound initiatives and marketing.	Placed on exhibition. Closed 24 August 2020.
21 July 2020	CCL	5.4 BLAYNEY CABONNE ORANGE (BCO) ALLIANCE TRIM REFERENCE: 2020/1122 RESOLVED - 20/218 Cr R Turner/Cr S Nugent That Council approve the Mayor and Chief Executive Officer to sign the BCO Alliance Memorandum of Understanding at a formal event to be held in September 2020 at a date to be organised.	Date to be set for function and signing.
21 July 2020	CCL	5.3 GRANT FUNDING AND PROJECT PRIORITIES TRIM REFERENCE: 2020/928 RESOLVED - 20/217 Cr K Duffy/Cr J Whitton That Council note this report and note the grant submissions recently put forward to the State and Federal Governments and endorse the suggested project priority list.
7 July 2020	SPC	2.1 MINUTES OF THE NAIDOC COMMITTEE MEETING HELD ON 5 MARCH 2020 TRIM REFERENCE: 2020/1084 RESOLVED - 20/203 Cr J Hamling/Cr S Romano 1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting held on 5 March 2020. 2 That the remainder of the minutes of the NAIDOC Week Community Committee at its meeting held on 5 March 2020 be adopted.	Noted and Actions Complete.
7 July 2020	IPC	2.3 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE MEETING - 18 JUNE 2020 TRIM REFERENCE: 2020/1015 RESOLVED - 20/197 Cr J Hamling/Cr R Kidd That Council resolves: 1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 18 June 2020. 2 Recommendations 3.1, 3.2, 3.4 and 3.6 to 3.8 from the minutes of the City of Orange Traffic Committee meeting of 18 June 2020 being: 3.1 That Council approves the 2020 NAIDOC march subject to the attached Conditions of Consent; 3.2 That Council installs “No Stopping” signs at the corner of Breen Street and Wentworth Lane as per Figure 1 of this report; 3.4 That Council extends the existing one hour parking 11m south as shown in Annexure A of this report; 3.6 That Council adopts the lines and signs within Annexure A of this report; 3.7 That Council adopts the lines and signs shown within Annexure A of this report; 3.8 That Council notes the body of this report and staff continues to monitor the crash history at the intersection.	Arrangements made for signs and lines to be installed and conditional approval sent for march.
7 July 2020	IPC	2.2 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE EXTRAORDINARY MEETING - 12 MARCH 2020 TRIM REFERENCE 2020/1077 RESOLVED - 20/196 Cr R Kidd/Cr S Munro 1. That Council resolves to acknowledge the report presented to the City of Orange Traffic Committee at its meeting of 12 March 2020. 2. Recommendation 2.1 from the minutes of the City of Orange Traffic Committee meeting of 12 March 2020 being ‘That Council approves the 2020 – 2021 Orange Cycle Club races subject to the attached conditions of consent’.	Conditional approval sent.
7 July 2020	IPC	2.1 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE EXTRAORDINARY MEETING - 5 FEBRUARY 2020 TRIM REFERENCE 2020/1014 RESOLVED - 20/195 Cr J Hamling/Cr S Munro That Council resolves to acknowledge the report presented to the City of Orange Traffic Committee at its meeting of 5 February 2020.	Conditional approval sent.
7 July 2020	EEDPC	2.1 MINUTES OF THE ECONOMIC DEVELOPMENT COMMUNITY COMMITTEE HELD 10 JUNE 2020 TRIM REFERENCE: 2020/1035 RESOLVED 20/194 Cr S Nugent/Cr K Duffy 1 That Council acknowledge the reports presented to the Economic Development Community Committee at its meeting held on 10 June 2020. 2 That the minutes of the Economic Development Community Committee be adopted with the inclusion of Amanda Spalding as being in attendance at the meeting.	Noted.
7 July 2020	ESPC	2.1 MINUTES OF THE COMPANION ANIMALS COMMUNITY COMMITTEE OF 10 FEBRUARY 2020 TRIM REFERENCE: 2020/945 RESOLVED - 20/199 Cr S Nugent/Cr S Munro 1 That Council acknowledge the reports presented to the Companion Animals Community Committee at its meeting held on 10 February 2020. 2 That the minutes of the Companion Animals Community Committee at its meeting held on 10 February 2020 be adopted.	Noted.
7 July 2020	FPC	2.1 REQUESTS FOR FINANCIAL ASSISTANCE - QUARTER 1 OF 2020/2021 - SMALL DONATIONS PROGRAM TRIM REFERENCE: 2020/989 RESOLVED - 20/200 Cr R Turner/Cr S Nugent The Council resolves: 1 That a donation of $2,000.00 be made from the Small Donations Program to The Shepherd Centre (Talk Together Connection). 2 That a donation of $2,000.00 be made from the Small Donations Program to Fusion Central West NSW (Fusion Community Centre (Youth and Community Activities and Programs)). 3 That the intention to donate an extra $2,250.00 from the Small Donations Program to Fusion Central West NSW (Fusion Community Centre (Youth and Community Activities and Programs)) be placed on exhibition for 28 days. 4 That a donation of $2,000.00 be made from the Small Donations Program to Lifeline Central West (Support for Lifeline Services). 5 That the intention to donate an extra $2,250.00 from the Small Donations Program to Lifeline Central West (Support for Lifeline Services) be placed on exhibition for 28 days. 6 That a donation of $2,000.00 be made from the Small Donations Program to Spring Hill Activities Group (Spring Hill Honour Wall). 7 That a donation of $2,000.00 be made from the Small Donations Program to Cerebral Palsy Alliance (Purchase of Equipment (therapeutic, physiotherapy and occupational therapy)). 8 That a donation of $2,000.00 be made from the Small Donations Program to Teach Learn Grow (Rural Program (extra assistance for school students in Glenroi community)). 9 That a donation of $1,500.00 be made from the Small Donations Program to Canobolas Highland Pipe Band (Community Service (public band performances)). 10 That a donation of $2,000.00 be made from the Small Donations Program to City of Orange Brass Band (Community Service (public band performances - offset impact of recent renovations and restricted fund-raising opportunities)).	E-mails to applicants on 13 July 2020. Payment requests to Creditors on 13 July 2020. EFT will be processed on 15 July 2020.
7 July 2020	FPC	2.3 REQUEST FOR FINANCIAL ASSISTANCE - POST EXHIBITION - ORANGE UNITING CHURCH TRIM REFERENCE: 2020/1078 RESOLVED - 20/202 Cr S Munro/Cr K Duffy That Council allocate funding of $27,000 to Orange Uniting Church for the purpose of lighting the church spire.	E-mail to applicant on 13 July 2020. Payment request to Creditors on 13 July 2020. EFT will be processed on 15 July 2020.
7 July 2020	CCL	6.2 TENDER FOR DEPOT ADMINISTRATION BUILDING TRIM REFERENCE: 2020/1102 RESOLVED - 20/211 Cr S Munro/Cr J Hamling That Council resolves to: 1 Authorise the Chief Executive Officer, or his nominee, to enter into a standard contract with Saran NSW Pty Ltd for the Construction of the Orange City Council Depot Administration Building for the amount of $866,507.24 plus GST; 2 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.	Contracts executed.
7 July 2020	CCL	5.3 CLASSIFICATION OF LAND - DRAINAGE RESERVE CONNEMARA DRIVE TRIM REFERENCE: 2020/1040 RESOLVED - 20/207 Cr S Nugent/Cr M Previtera 1 That Lots 316 and 317 DP 1264617 Connemara Drive Orange be classified as Operational Land pursuant to the Local Government Act 1993. 2 That authority be granted to affix the Council Seal on all necessary documentation.	Land register noted.
7 July 2020	CCL	5.2 STRATEGIC POLICY REVIEW TRIM REFERENCE: 2020/1056 RESOLVED - 20/206 Cr R Turner/Cr J Hamling That Council resolves to: 1 Place the following policy on public exhibition for a period of 28 days: • ST029 – Donations and Grants 2 That the policy be referred to the Councillor Policy Review Committee for comment.	Placed on public exhibition. Closes 7 August 2020.
7 July 2020	CCL	5.1 COUNCILLOR AND MAYORAL REMUNERATION TRIM REFERENCE: 2020/1069 RESOLVED - 20/205 Cr K Duffy/Cr S Munro That Council resolves that the Councillor allowance be set at $24,320 and the Mayoral Allowance be set at $60,080 for 2020/21 being the maximum for Regional Centre Councils as determined by the Local Government Remuneration Tribunal on 10 June 2020.	Complete.
16 June 2020	CCL	6.3 VISY RECYCLING AND JR RICHARDS & SONS PROPOSED RECYCLABLES SUPPLY AGREEMENT TRIM REFERENCE: 2020/914 RESOLVED - 20/182 Cr J McRae/Cr S Nugent That Council resolves to: 1 Delegates to the CEO and Mayor to approve by application of the Council Seal to vary the existing domestic waste and recycling contract between Orange City Council and JR & EG Richards Pty Ltd to pay for increased recycling processing costs by Visy Recycling up to $45.00 (plus GST) per tonne indexed by the CPI for a two year contract term commencing 1 July 2020 to 30 June 2022; and 2 That Council relinquishes the existing Refund Sharing Agreement with Visy Recycling under the NSW Container Deposit Scheme and formally advises the Environment Protection Authority of the termination date, being 30 June 2020.	Deed of Variation to Contract organised following Council meeting resolution on 16/6/2020 to accept additional $45/tonne processing cost for recyclables by Visy & EPA advised of relinquishment of CDS Refund Sharing Agreement with Visy.
16 June 2020	CCL	6.2 ACQUISITION OF EASEMENT - STAGE 4 SOUTHERN FEEDER ROAD - LOT 44 DP788920 TRIM REFERENCE: 2020/837 RESOLVED - 20/181 Cr J Hamling/Cr K Duffy 1 That Council acquire an easement approximately 605 m2 over Lot 44 DP 788920 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 2 That the Chief Executive Officer be authorised to finalise the acquisition. 3 That permission be granted for the use of the Council Seal on any document if required.	Easement will be registered following construction.
16 June 2020	CCL	6.1 ACQUISITION OF EASEMENT - SPRING CREEK/ICELY ROAD PIPELINE - LOT 111 DP 736116 TRIM REFERENCE: 2020/834 RESOLVED - 20/180 Cr S Munro/Cr K Duffy 1 That Council acquire as easement approximately 0.1176 ha over Lot 111 DP 736116 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 2 That the Chief Executive Officer be authorised to finalise the acquisition. 3 That permission be granted for the use of the Council Seal on any document if required.	Works have been undertaken.
16 June 2020	CCL	5.5 ORANGE REGIONAL GALLERY EXTENSION TRIM REFERENCE: 2020/933 RESOLVED - 20/178 Cr S Nugent/Cr J Hamling That Council adopt the Fundraising Strategy as detailed in this report.	Adopted.
16 June 2020	CCL	5.4 SYNTHETIC TURF WITHIN ROAD VERGES 2020/855 TRIM REFERENCE: 2020/855 RESOLVED - 20/177 Cr R Turner/Cr K Duffy That Council resolves to: 1 Not allow the installation of synthetic turf on road reserves. 2 Require hydro seeding of the road verge in front of new dwellings if turf watering is unable to be maintained under current water restrictions.	Advice passed onto relevant staff. COMPLETE.
16 June 2020	CCL	4.2 NOTICE OF MOTION - ROWING ON SPRING CREEK RESERVOIR - ORANGE COMMUNITY ROWING CLUB TRIM REFERENCE: 2020/879 RESOLVED - 20/172 Cr R Kidd/Cr R Turner That Orange City Council review and report on the feasibility of allowing organised, and supervised rowing on Spring Creek Reservoir to be called “Orange Community Rowing Club” and that Mr Joe Donnelly be invited to be the person to be in discussion with Kinross Wolaroi School in conjunction with Council.	Letter sent - Mayor and CEO met with representative and group established to investigate.
16 June 2020	CCL	4.1 RESCISSION MOTION - REMOVAL OF NO-FISHING SIGN, PLOUGHMANS CREEK WETLANDS TRIM REFERENCE: 2020/907 RESCISSION MOTION Cr S Nugent/Cr J McRae That Council rescind the following resolution of the Council Meeting of 2 June 2020: 4.1 Notice of Motion - Removal of No Fishing Sign, Ploughmans Creek Wetlands TRIM Reference: 2020/850 RESOLVED - 20/154 Cr M Previtera/Cr S Romano That Council remove the recently installed No Fishing Sign at Ploughmans Creek Wetlands and once again allow fishing at the wetlands. THE RESCISSION MOTION ON BEING PUT TO THE MEETING WAS LOST	COMPLETE.
2 June 2020	FPC	2.2 REQUEST FOR FINANCIAL ASSISTANCE - DUNTRYLEAGUE GOLF CLUB TRIM REFERENCE: 2020/849 RESOLVED - 20/153 Cr S Munro/Cr R Turner That Council resolves: 1 To support the diversion of stormwater from Woodward Road into Duntryleague; 2 That funding of $3,500 for the infrastructure and wages in addition to the Development Application Fees ($230) and Road Opening Permit Fees ($437.50) for the Duntryleague Golf Club Storm Water diversion be funded from Road Maintenance Fund. 3 That subject to the approval of a Development Application, Council: I. Undertake all survey work; II. Gift three x 600mm diameter storm water pipes; III. Reimburse Development Application fees; IV. Waive all Road Opening Permit fees; and V. Assist with the lodgement and approval of the RMS Road Occupancy License together with the Works Authorisation Deed as a contribution/works in kind. 4 To place the proposed allocation of funds to Duntryleague Golf Club on public exhibition for a minimum of 28 days (in accordance with section 356 of the Local Government Act 1993).	On public exhibition until 10 July 2020.
2 June 2020	FPC	2.1 REQUEST FOR FINANCIAL ASSISTANCE - LIFELINE CENTRAL WEST TRIM REFERENCE: 2020/815 RESOLVED - 20/152 Cr R Kidd/Cr R Turner That Council resolves: 1 That a donation of $15,709.89 be made from the Small Donations Program to Lifeline Central West (increased services to the vulnerable in the community due to COVID 19). 2 That Council's intention to donate $15,709.89 to Lifeline Central West be placed on public exhibition for 28 days. 3 That Council's Chief Executive Officer be given delegation to finalise determination for the Donation to Lifeline Central West post exhibition. 4 That Lifeline be invited to do a presentation to Council to include how Council can assist to support further adequate resource funding for Lifeline across the State.	E-mail to applicant on 2 June 2019. 28-day exhibition effected. Donation approved by CEO on 1 July 2020. Payment details to Creditors on 1 July 2020. EFT, effective in 2019/2020 financial year, paid on 8 July 2020. Alex Ferguson from Lifeline Central West addressed Council at its meeting on 7 July 2020.
2 June 2020	PDC	2.3 DEVELOPMENT APPLICATION DA 54/2020(1) - 153-157 PEISLEY STREET, ORANGE 2020/818 RESOLVED - 20/148 Cr S Nugent/Cr J Hamling That Council consents to development application DA 54/2020(1) for Recreation Facility (indoor) (change of use) at Lot 2 DP 535024 - 153-157 Peisley Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Determination issued 4 June 2020. COMPLETE.
2 June 2020	CCL	6.8 TENDER FOR CONSTRUCTION OF SOUTHERN FEEDER ROAD STAGE 3 TRIM REFERENCE: 2020/832 RESOLVED - 20/170 Cr S Munro/Cr T Mileto 1 That Council enters into a contract with Hamcon Civil Pty Ltd (MAAS) to construct Stage 3 of the Southern Feeder Road (Tender F2993) based on their initial tendered Lump Sum of $6,854,830 less identified savings of $189,500. 2 That the common seal of Council be authorized for use on all relevant documents associated with this contract.	Tender awarded to Hamcon (MAAS) - Leewood to Highway - contract awarded. Soft start late September.
2 June 2020	CCL	6.7 ACQUISITION OF EASEMENT - STAGE 4 SOUTHERN FEEDER ROAD - LOT 193 DP 756899 TRIM REFERENCE: 2020/836 RESOLVED - 20/169 Cr S Munro/Cr M Previtera That Council resolves: 1 That Council acquire as easement approximately 441.1 m2 over Lot 193 DP 756899 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 2 That the Chief Executive Officer be authorised to finalise the acquisition. 3 That permission be granted for the use of the Council Seal on any document if required.	Documentation signed and works may commence. Easement to be registered following works which are not expected to commence until the beginning of 2021.
2 June 2020	CCL	6.6 ACQUISITION OF EASEMENT - SPRING CREEK/ICELY ROAD PIPELINE - LOT 2 DP 577491 TRIM REFERENCE: 2020/835 RESOLVED - 20/168 Cr J Hamling/Cr S Munro That Council resolves: 1 That Council acquire as easement approximately 0.1154 ha over Lot 2 DP 577491 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 2 That the Chief Executive Officer be authorised to finalise the acquisition. 3 That permission be granted for the use of the Council Seal on any document if required.	Approval to commence works obtained. Easement will be registered following completion of works which is expected in approximately September 2020.
2 June 2020	CCL	6.5 ACQUISITION OF EASEMENT - SPRING CREEK/ICELY ROAD PIPELINE - LOT 1 DP 739045 TRIM REFERENCE: 2020/833 RESOLVED - 20/167 Cr J Hamling/Cr S Munro That Council resolves: 1 That Council acquire as easement approximately 0.0524 ha over Lot 1 DP 739045 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 2 That the Chief Executive Officer be authorised to finalise the acquisition. 3 That permission be granted for the use of the Council Seal on any document if required.	Approval to commence works obtained. Easement will be registered following completion of works which is expected in approximately September 2020.
2 June 2020	CCL	6.4 ACQUISITION OF EASEMENTS - SPRING CREEK/ICELY ROAD PIPELINE - LOT 51 DP1132549 TRIM REFERENCE: 2020/831 RESOLVED - 20/166 Cr K Duffy/Cr S Munro That Council resolves: 1 That Council acquire as easement approximately 0.1012 ha over Lot 51 DP 1132549 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 2 That the Chief Executive Officer be authorised to finalise the acquisition. 3 That permission be granted for the use of the Council Seal on any document if required.	Approval to commence works obtained. Easement will be registered following completion of works which is expected in approximately September 2020.
2 June 2020	CCL	6.2 ACQUISITION OF LAND - FOOTPATH ALONG NORTHERN DISTRIBUTOR ROAD TRIM REFERENCE: 2020/763 RESOLVED - 20/164 Cr K Duffy/Cr S Munro That Council resolves: 1 To acquire approximately 1,645m2 of part Lot 52 DP835576 for the construction of a footpath along the Northern Distributor Road. 2 That upon acquisition, the land be classified as Operational. 3 To delegate to the Chief Executive Officer such authority as may be necessary or convenient to give effect to this resolution, including without limitation the affixing of the Seal of the Council on any document if required.	Property owners advised. Documentation in the process of being finalised.
2 June 2020	CCL	6.1 TENDERS FOR THE UPGRADE OF FOREST ROAD FROM BLOOMFIELD HOSPITAL TO CADIA ROAD TRIM REFERENCE: 2020/704 RESOLVED - 20/163 Cr K Duffy/Cr S Munro That Council resolves to: 1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Hynash Constructions Pty Ltd for the upgrade of Forest Road from Bloomfield Hospital to Cadia Road for the amount of $1,289,393.23 plus GST; 2 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.	Contracts executed 6 July 2020.
2 June 2020	CCL	5.6 LEASE 73A HILL STREET TO ORANGE REGIONAL CONSERVATORIUM INC TRIM REFERENCE: 2020/812 RESOLVED - 20/160 Cr S Munro/Cr J McRae That Council resolves: 1 To enter into a 3 year lease with one 3 year option with the Orange Regional Conservatorium Inc. 2 That permission be granted to use the Council seal on all necessary documentation.	Lease drafted.
2 June 2020	CCL	5.5 LEASE RIAWENA OVAL TO ORANGE DISTRICT CRICKET ASSOCIATION TRIM REFERENCE: 2020/810 RESOLVED - 20/159 Cr J Hamling/Cr K Duffy That Council resolves: 1 To enter into a 5 year lease with four 5 year options with the Orange District Cricket Association of Riawena Oval. 2 That permission be granted to use the Council seal on all necessary documentation.	Lease drafted.
2 June 2020	CCL	5.4 ROAD CLOSURE APPLICATION - PART THE ESCORT WAY TRIM REFERENCE: 2020/776 RESOLVED - 20/158 Cr J Whitton/Cr S Munro That Council resolves to: 1 Advertise the proposed road closure in accordance with the requirements of the Crown Land Management Act. 2 That Council's Chief Executive Officer be given delegation to finalise determination for road closure for part The Escort Way, Orange post exhibition. 3 Proceed to sell that part of the road closed to the owner of 474 The Escort Way, Orange. 4 Grant approval for the use of the Council Seal on any necessary documentation.	Process commenced with notice to authorities and adjoining owners.
2 June 2020	CCL	5.3 OC FUTURE CITY TRIM REFERENCE: 2020/655 RESOLVED - 20/157 Cr K Duffy/Cr J Hamling That the OC FutureCity Planning and Design Framework/Strategy and associated documents be placed on exhibition for 40 days.	Placed on exhibition
2 June 2020	CCL	5.1 MURRAY DARLING ASSOCIATION MEMBERSHIP TRIM REFERENCE: 2020/754 RESOLVED - 20/155 Cr R Turner/Cr J McRae That Orange City Council do not pay for membership in the Murray Darling Association.	No action required.
2 June 2020	CCL	4.1 NOTICE OF MOTION - REMOVAL OF NO FISHING SIGN, PLOUGHMANS CREEK WETLANDS TRIM REFERENCE: 2020/850 RESOLVED - 20/154 Cr M Previtera/Cr S Romano That Council remove the recently installed No Fishing Sign at Ploughmans Creek Wetlands and once again allow fishing at the wetlands.	Completed
19-May-20	CCL	5.5 THE SPRINGS; AN ABORIGINAL AND NON-ABORIGINAL FRINGE CAMP LOCATED IN SOUTH ORANGE - CONSERVATION MANAGEMENT PLANS AND FUTURE DIRECTIONS FOR THE SITE. 2020/703 RESOLVED - 20/140 Cr K Duffy/Cr S Nugent That Council resolves that The Springs; an Aboriginal and non-Aboriginal Fringe Camp located in South Orange – Conservation Management Plans and Future Directions for the site be placed on public exhibition for community comment.	Placed on exhibition. Ends 22 June 2020.
19-May-20	CCL	5.4 HEALTH AND INNOVATION PRECINCT 2019/2235 RESOLVED - 20/139 Cr S Munro/Cr S Nugent That the draft Health and Innovation Precinct Masterplan be exhibited for 28 days.	Placed on exhibition closing 26 June 2020. Report will be presented back to Council.
12-May-20	CCL	6.2 LAND ACQUISITION - DEMOLITION TRIM REFERENCE: 2020/723 RESOLVED - 20/147 Cr S Nugent/Cr J Hamling That Council resolves: 1 To enter into a Deed of Settlement for the purchase the property 12 Maxwell Avenue Orange. 2 To on-sell the property with any surplus funds following payment of all outstanding costs refunded to the registered proprietor. 3 That the Chief Executive Officer have the authority to negotiate the terms of the Deed of Settlement. 4 That the land be classified as Operational upon acquisition.	Demolition contractors engaged.
12-May-20	CCL	6.1 REQUEST FOR FINANCIAL ASSISTANCE - ORANGE UNITING CHURCH TRIM REFERENCE: 2020/695 RESOLVED - 20/146 Cr S Munro/Cr R Turner That Council resolves: 1 That funding of $27,000 for Lighting to the Anson Street Uniting Church be funded from the FutureCity Project fund. 2 To place the proposed allocation of funds to Orange Uniting Church on public exhibition for a minimum of 28 days (in accordance with section 356 of the Local Government Act 1993).	Public exhibition closed on 12 June 2020. Council reconsidered this request for financial assistance at its FPC 7 July 2020 meeting. E-mail to applicant on 13 July 2020. Payment request to Creditors on 13 July 2020. EFT will be processed on 15 July 2020.
7-Apr-20	CCL	2.4 MAYORAL MINUTE - MOULDER PARK NETBALL COURTS TRIM REFERENCE: 2020/508 RESOLVED - 20/099 Cr S Nugent/Cr K Duffy That Orange City Council investigate the possibility of developing a “playmat” (with roads, crossings, stop signs etc.) at the old Moulder Park netball courts.	Investigation underway.
17-Mar-20	CCL	4.2 NOTICE OF MOTION - AGED AND DISABLED TRIM REFERENCE: 2020/477 RESOLVED - 20/076 Cr S Romano/Cr S Nugent That $5,000 be considered in Council’s 2020/2021 Delivery Operational Plan for the update of Council’s mobility map and that this be conducted together with the Future City Project.	Approved as part of the 2020/2021 budget.
4-Feb-20	CCL	5.4 DESILTING OF SPRING CREEK DAM TRIM REFERENCE: 2020/126 RESOLVED - 20/035 Cr K Duffy/Cr J Hamling That; if a commercial case can be identified for approximately 150,000 m3 of silt, then Council seek approvals and plan for desilting of Spring Creek Dam.	Dam needs to be empty to be viable and no industry interest to date. Complete until next drought.
4-Feb-20	SRPC	6.3 SALE 3 TRAPPIT PLACE ORANGE TRIM REFERENCE: 2020/113 RESOLVED - 20/040 Cr R Turner/Cr S Munro That Council resolves: 1 That Council sell 3 Trappit Place Orange for the sum of $508,050 inclusive of GST. 2 That the proceeds be applied to the Land Development Reserve. 3 That permission be granted for the use of the Council Seal on any relevant documentation.	Option to purchase prepared and sent to purchaser. Extension of time of 3 months for exchange provided given Covid 19 position.
4-Feb-20	CCL	6.2 ACQUISITION OF LAND - CRITICAL WATER INFRASTRUCTURE RESOLVED - 20/039 Cr K Duffy/Cr S Nugent That Council resolves: 1 To acquire by compulsory acquisition the land being Lot 101 DP 857925 and known as 280 to 284 Phillip Street Orange (the Land) in accordance with the powers set out in Chapter 8, Part 1 of the Local Government Act 1993 for the purpose of carrying out its functions as described in this report. 2 To the making of an application to the Minister seeking approval of the Minister to Council giving a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 with respect of the Land. 3 To the making of an application to the Minister requesting the Minister recommend to the Governor that approval be granted for the acquisition of the Land by publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991. 4 To affix the Common Seal of Council to any contract, agreement, document or other instrument as required in connection with the compulsory acquisition process for the Land including an agreement under section 30 of the Land Acquisition (Just Terms Compensation) Act 1991. 6 That the Chief Executive Officer be delegated authority to negotiate the terms of any contract, agreement, document or other instrument as required in connection with the compulsory acquisition process for the Land as set out in this report and to execute any such contract, agreement, document or other instrument that does not require the affixing of the Common Seal of Council. 7 To classify the land being acquired as operational for the purposes of the Local Government Act 1993(section 31). 8 That Council proceed with the necessary application to the Minister for Local Government and the Minister for Finance to approve a shorter negotiation period pursuant to S10A of the Land Acquisition (Just Terms) Act 1991 (NSW). 9 That Council proceed with an application to reduce the notice period pursuant to s13 of Land Acquisition (Just Terms) Act 1991 (NSW) to a period of 30 days.	Application currently waiting Minister's approval. Approval now provided. Acquisition advertised and now waiting on submission period to expire with is 90 days.
17 December 2019	CCL	6.2 TENDER FOR CONSTRUCTION OF SOUTHERN FEEDER ROAD STAGE 3 TRIM REFERENCE: 2019/2493 RESOLVED - 19/619 Cr J Hamling/Cr K Duffy 1 That Council declines to accept any tender for the Construction of the Southern Feeder Road Stage 3 – F2993, as a result of all tender submissions exceeding the available funds for this component of the project. 2 That Council not call fresh tenders as it may delay the project and impact upon the current funding milestones, possibly putting funding at risk. 3 That Council enters into negotiations with BOST Civil Pty Ltd, Hamcon Civil Pty Ltd (MAAS) and Haslin Constructions Pty Ltd with a view to revising the project scope and to identify possible innovative solutions and cost savings to deliver the Southern Feeder Road Stage 3. 4 That Council explores additional funding that may be able to address any shortfall in the construction of the Southern Feeder Road Stage 3.	Tender awarded to Hamcon (MAAS) Funding included in 2020/2021 budget.
3-Dec-19	SRPC	3.1 SPORTING PRECINCT TRIM REFERENCE: 2019/2646 RESOLVED - 19/594 Cr J Hamling/Cr S Munro That Council resolves: 1 That should the land currently utilised by Orange Ex-Services Club under a lease agreement for the operation of the Bloomfield Golf Course become available, that this site is the preferred site for the construction of the $25 million Sporting Precinct; 2 That should the land currently utilised by Orange Ex-Services Club under a lease agreement for the operation of the Bloomfield Golf Course not be available, that Council confirms the Northern Distributor Site as the preferred location for the Sporting Precinct; and 3 That Council seek any approvals necessary to progress the development of the preferred site.	Project underway. Funding secure.
7-Nov-19	CCL	4.2 NOTICE OF MOTION - MITCHELL HIGHWAY PUBLIC RESERVE REZONING 2019/2222 RESOLVED - 19/511 Cr K Duffy/Cr G Taylor That Council: 1 Seek rezoning of Lot 196 DP 1007290 from Public Reserve to Operational Land; 2 Seek Mitchell Highway (Molong Road) Access on Lot 196 DP 1007290.	Reclassification will be included in the next appropriate LEP amendment.
7-Nov-19	SRPC	4.2 NOTICE OF MOTION - BUSINESS RATES TRIM REFERENCE: 2019/2383 RESOLVED - 19/557 Cr J McRae/Cr S Nugent That a report be brought to Council on the levers available to Council to support Orange CBD businesses.	Report submitted to the closed Council meeting on 16 June 2020.
1-Oct-19	CCL	5.6 ORANGE LEP AMENDMENT 17 - POST EXHIBITION REPORT TRIM REFERENCE: 2019/1511 RESOLVED - 19/412 Cr G Taylor/Cr J Whitton 1 That Council note the contents of this report and the submissions received from both the public and government agencies. 2 That Council advise the proponents of in-principle support for the LEP amendment subject to: I. The matter being deferred to allow the preparation, exhibition and adoption of a contributions plan in relation to the horse and rider underpass and separation fencing. II. The conceptual master plan being amended to provide separation fencing from the underpass to the Ring Road Arc in the west and the intersection of James Road and Pinnacle Road in the east. 3 That Council resolve to prepare an amendment to the Development Contributions Plan so as to ensure that the financial costs associated with the horse and rider underpass and associated separation fencing be at full cost to developers within the proposed Equine Precinct area. 4 That when prepared the Development Contributions Plan be placed on public exhibition for 28 days. 5 That the draft DCP provisions be amended as follows: I. The minimum setback for stables in section 6.13.4 be changed to 20m, other than for secondary road frontages which is to be changed to 10m. II. The minimum stables setback in section 6.13.4 be required to include a 5m wide landscaped area along the boundary comprising trees that mature to between 4 – 8 metres planted densely and protected from grazing during establishment. III. The maximum stocking rate for horses in section 6.13.3 be changed to 1 horse per 4,000m2 IV. The minimum paddock size for each horse in section 6.13.6 be changed to 3,000m2 6 That upon successful completion of the contributions plan, DCP and concept plan amendments the matter be reported back to Council for finalisation.	With applicant.
1-Oct-19	CCL	4.2 NOTICE OF MOTION - AQUATIC CENTRE ADMISSION - HEALTH RELATED PASS TRIM REFERENCE: 2019/2038 RESOLVED - 19/499 Cr R Kidd/Cr S Nugent That Orange City Council investigate a support program to accommodate disadvantaged persons that need to access the Aquatic Centre for health and rehabilitation purposes.	Program implemented 7 August 2020.
20-Aug-19	CCL	4.1 NOTICE OF MOTION - AWNING - MAX HAZELTON AERO CENTRE TRIM REFERENCE 2019/608 RESOLVED - 19/219 Cr S Romano/Cr M Previtera That Council resolves to approve: 1 the provision of assistance to the Orange Aero Club by applying for the DA and constructing an airside awning to the Max Hazelton Aero Centre patient transfer room.	Awning completed.

Council Meeting 18 August 2020

5.9 Initial Categorisation of Council Managed Crown Land

RECORD NUMBER: 2020/1232

AUTHOR: Nigel Hobden, Manager City Presentation

EXECUTIVE Summary

The Crown Land Management Act 2016 was enacted on 1 July 2018.

This Act authorises Council as appointed Crown Land Manager to manage Crown Land as if it were public land under the Local Government Act 1993.

Under the Crown Land Management Act 2016 Council as manager of the land must assign one or more categories of Community Land referred to in Section 36 of the Local Government Act 1993

Council staff have identified the category in which they consider to be most closely related to the purpose for which the land is dedicated or reserved and will now seek Ministerial approval for the categories chosen.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Live - Maintain and renew recreational spaces and infrastructure to encourage an active and healthy lifestyle”.

Financial Implications

Nil

Policy and Governance Implications

Future Plans of Management will be need to be prepared in accordance with the classification confirmed by the Minister Administering the Crown Lands Management Act 2016.

Recommendation

That Council requests approval from the Minister Administering the Crown Lands Management Act 2016 to categorise under the Local Government Act 1993 the land contained in the schedule below.

further considerations

SUPPORTING INFORMATION

Council as Crown Land Manager must assign an initial category to each Crown reserve.

In accordance with section 3.23 (3) of the Crown Land Management Act 2016, the assigned category or categories must be those that the Council considers to be the category or categories that are most closely related to the purposes for which the land is dedicated or reserved.

Council may assign multiple categories to the land where there are multiple reservation or dedication purposes.

In assigning each initial category Council staff have considered the historical and current use of the land by Council and the community, the Act provisions which govern the management and use of each Community Land category and the guidelines for the categorisation of Community Land prescribed by the Local Government (General) Regulation 2005 and the Department of Industry - Crown Lands suggested category and guidelines for categorisation of Crown Land.

Where Council staff have considered that particular Crown Land does not fall into any category of Community Land, or that a valid use of the land would not be able to continue if the land was categorised as Community Land, Council will request ministerial consent to manage the land as if it were Operational Land under the Local Government Act 1993.

After Council has assigned an initial categorisation to the Crown Land under its management, it must provide written notice to the Minister. The Minister will consider the category initially assigned by Council.

If the Department of Industry - Crown Lands determines that the categorisation presented is appropriate, it will issue an acknowledgement notification to Council.

If the Department of Planning, Industry and Environment - Crown Lands determines that the category does not meet the criteria it will issue a direction to Council requiring Council to alter the assigned category in accordance with Section 3.23 (5) of the Crown Land Management Act 2016.

The Minister or the Department of Planning, Industry and Environment - Crown Lands may direct Council to alter the category if it is considered that the category is not the most closely related to the purpose for which the land is dedicated or reserved or the management of the land by Council with reference to the initial assigned category is likely to materially harm the use of the land for the purpose for which it was dedicated or reserved.

A direction to alter the assigned categorisation must be adhered to by Council as the Crown Land Manager.

Once Council is notified that the department acknowledges an assigned categorisation they proceed to develop and adopt a Local Government Act Plan of Management for the land. All Plans of Management must be in place and approved by the Department of Planning, Industry and Environment - Crown Lands prior to 30 June 2021.

Crown Lands Management Act, 2016

Section 3.23 (2)

Initial assignment of categories - The council manager must, as soon as practicable after it becomes the manager of the dedicated or reserved Crown land (including because of the operation of Schedule 7), assign the land to one or more categories of community land referred to in section 36 of the Local Government Act 1993.

Section 3.23 (3)

The assigned category or categories must be those that the council considers to be the category or categories that are most closely related to the purposes for which the land is dedicated or reserved.

Section 3.23 (4)

The council manager must give written notice to the Minister of the categories to which it has assigned the land as soon as practicable after assigning them.

Section 3.23 (5)

The Minister may, by written notice given to the council manager, require the manager to alter an assigned category if the Minister considers that:

(a) The assigned category is not the most closely related to the purposes for which the land is dedicated or reserved, or

(b) The management of the land by reference to the assigned category is likely to materially harm the use of the land for any of the purposes for which it is dedicated or reserved.

Local Government Act 1993

Section 36 (4)

For the purposes of this section, land is to be categorised as one or more of the following:

(a) a natural area; (b) a sportsground; (c) a park;

(d) an area of cultural significance or

(e) general community use.

Local Government (General) Regulation, 2005

Part 4 – Community Land

Division 1 – Guidelines for the Categorisation of Community Land Sections 101-111.

Where a categorisation has been assigned that is not the most closely related to the reserve or dedication purpose, Council’s ability to validly manage the land in accordance with that category might be limited by the extent to which those actions affect Native Title.

Council’s land management activities may infringe upon native title rights and Council may lose the legal right to continue those activities.

The Minister may, by written notice given to the Council manager, require the manager to alter an assigned category if the Minister considers that the assigned category is not the most closely related to the purposes for which the land is dedicated or reserved, or Council’s management of the land by reference to the assigned category is likely to materially harm the use of the land for any of the purposes for which it is dedicated or reserved.

Schedule of Crown Land

Reserve Number	Particulars	Categorisation
1014188	Black Sallee Reserve Lot 1 DP 1117200 – is the Canobolas Zone Rural Fire Centre	Government Purpose - seek reclassification to Operational Land from the Minister
590056	Bloomfield Park	General community use, sportsground, natural area, park
590064	Bloomfield Park	General community use, park
95818	Bloomfield (Bloomfield Golf Club) Park	General community use, cultural significance, sportsground,
86665	Brandy Corner	General community use, natural area
190086	Civic Square Reserve	General community use
190087	Civic Square Reserve	General community use
90724	Civic Square Reserve	General community use
91403	Civic Square Reserve	General community use
60570	Colvin Park	General community use, park
590051	Cook Park	General community use, cultural significance, park
1000246	Gosling Creek Reservoir	General community use, cultural significance, natural area, park
1010408	Hawke Lane Reserve	General community use, park, cultural significance
190026	Hinton Reserve	General community use, natural area
86539	Jack Brabham Park	General community use, sportsground
1002927	Lysterfield Reserve	General community use, natural area
590060	Matthews Park	General community use, park,
60513	Moulder Park	General community use, park, sportsground
590059	Newman Park	General community use, park, sportsground, cultural significance
97698	Orange Botanic Gardens	General community use, park
1030988	Orange Preservation of Graves	General community use
590058	Orange Preservation of Graves (Chinamens Bend)	General community use, Cultural significance
75467	Paterson Memorial Park	General community use, park, cultural significance
87023	Pinnacle Road	Natural area
73593	Railway Bridge Walkway	General community use, park
92631	Rifle Range Reserve	General community use, natural area
590052	Robertson Park	General community use, cultural significance, park
190035	Sharp Road Reserve	General community use, park
81829	Spring Hill Public Recreation Reserve	General community use, park,
1022608	The Pinnacle	General community use, natural area
89756	Thompson Road Reserve	General community use, park
590062	Towac Pinnacle	General community use, park, natural area
590061	Wade Park	Sportsground, cultural significance
1000495	Walker Lane Reserve	General community use, natural area,
590054	Wentworth Golf Club	General community use, sportsground
190052	Woodward Street Walkway	General community use

Council Meeting 18 August 2020

Attachment 1 Attachment 1 - Audit and Risk Management Committee Charter

AUDIT AND RISK MANAGEMENT COMMITTEE

CHARTER

Contents

1 Audit and Risk Management Committee Purpose. 3

2 Authority. 3

3. Composition.. 3

4 Tenure. 4

5 Meetings and Quorum.. 5

6 Confidentiality. 5

7 Responsibilities. 5

7.3 (a) Financial Statements. 6

7.3.(b) Risk Management. 6

7.3.(c) Internal Control. 6

7.3.(d) Internal Audit. 7

7.3.(e) External Audit. 7

7.3.(f) Compliance. 7

7.3.(g) Reporting Responsibilities. 8

7.3.(h) Other Responsibilities. 8

7.3.(i) Individual Responsibilities of Members. 8

AUDIT AND RISK MANAGEMENT COMMITTEE CHARTER

1. Audit and Risk Management Committee Purpose

The Audit and Risk Management Committee (ARMC) is an advisory Committee assisting the Council to fulfil its governance and oversight responsibilities.

The primary duties and responsibilities of the ARMC are to assist the Council to discharge its responsibilities relating to:

1.1 Financial reporting process

1.2 Business ethics, policies and practices

1.3 Management and internal controls

1.4 Monitoring the integrity of the Council’s financial reporting practices and finance and accounting compliance

1.5 Reviewing internal controls, key corporate risks and financial audit related matters

1.6 Encouraging continuous improvement of Council’s systems and practices

1.7 Adoption of the Internal Audit Plan

1.8 The Council’s process for monitoring compliance with policies, laws and regulations and the Council code of conduct.

2. Authority

1.9 The ARMC is granted delegated authority by Council to carry out its duties and responsibilities as defined in this charter. The ARMC has delegated authority to approve investigations into any matters within its scope of responsibility. It is empowered to:

2.1.(a) Resolve any disagreements between management and the auditor regarding financial reporting (subject to confidentiality considerations).

2.1.(b) Pre-approve all auditing and non-audit services.

2.1.(c) After due consultation with the General Manager, retain independent counsel, accountants, or others to advise the committee or assist in the conduct of an investigation.

2.1.(d) Meet with Council management, external auditors, or outside counsel, as necessary.

2.1.(e) The Council acknowledges that professional independence and objectivity are key attributes of an efficient and effective ARMC. The Council and General Manager are therefore committed to uphold and guarantee the professional independence and objectivity of the ARMC.

3. Composition

3.1 All appointments to the ARMC shall be made by Council.

3.2 The ARMC will consist of:

3.2.1 Core Members (voting)

· Mayor of the day (or a Councillor nominated by the Mayor as his representative)

· One Councillor

· Two independent external members (not member of Council and one to be Chairperson)

3.2.2 Members (non-voting)

· General Manager

· Internal Auditor

· Director responsible for corporate functions

· One alternate Councillor Delegate who will have voting rights in the absence of the other Councillor.

3.2.3 Invitees (non-voting)

· Representatives of the external auditor.

· Other officers of Council as requested by the ARMC and/or General Manager

3.3 In order to maintain independence, and to comply with the recommendations of the Office of Local Government, the ARMC shall elect one of the independent members as its chairperson.

3.4 The selection of independent members should be undertaken in a transparent and unbiased manner. This could include calling for expressions of interest from interested persons.

4 Tenure

4.1 The term of office for an ARMC member shall end on the earlier of:

(a) the day on which the member resigns from the ARMC

(b) in the case of a Councillor, the day on which the Councillor ceases to be a Councillor

(d) the day on which the member’s appointment is legally terminated by Council.

(e) the day on which the member is incapacitated by law from holding such office.

4.2 Members are encouraged to serve multiple terms and to plan for an orderly rotation of members so that experiences members will always be serving. The ARMC should make recommendations to Council on membership.

4.3 In any event, the appointment of each member of the ARMC will be reviewed at the end of the first year and confirmed for the remaining period subject to satisfactory performance as determined by Council. A member may be eligible for re-appointment to the committee for a continuous period not exceeding eight (8) years.

4.4 In considering new independent members for the ARMC, selection shall be influenced by:

(a) Industry standards for similar committees, particularly relating to the appointment of independents to ARMCs.

(b) Any guidelines issued by the NSW Government concerning Local Government ARMCs

(c) The attributes and experience of candidates who respond to Expressions of Interest advertisements for Independent Members.

4.5 The independent members on the ARMC should be remunerated for attending Committee meetings. The remuneration shall be adopted by Council.

5 Meetings and Quorum

5.1 The committee will meet at least four times a year, with authority to convene additional meetings, as circumstances require.

5.2 A quorum shall not exist unless at least 3 voting members are present:

5.3 Members of the ARMC are generally expected to attend each meeting, in person or via tele or video-conference with the approval of the Committee Chairperson.

5.4 The ARMC will invite members of management, auditors or others to attend meetings and provide pertinent information, as necessary.

5.5 The Committee will hold private meetings with auditors (see below) and executive sessions.

5.6 A meeting agenda will be provided in advance to members, along with appropriate briefing materials.

5.7 The Chairperson shall determine the agenda for the ARMC in conjunction with Council staff.

5.8 Minutes will be prepared and distributed to the ARMC members and to the next Ordinary meeting of the Council, including a report explaining any specific recommendations and key outcomes, if appropriate.

5.9 Meetings are to be rescheduled if there is not a quorum. The Council’s Internal Auditor will minute proceedings of all meetings.

5.10 The chairperson shall endeavour to conduct meetings on a “consensus basis” but formal voting on recommendations shall be required. Each member shall have one vote and a majority of those present shall be required to pass a recommendation. The chairperson shall have a casting vote. The meetings should operate as far as practicable in accordance with the Council’s Code of Meeting Practice.

6 Confidentiality

6.1 The ARMC will ensure that Committee members comply with all relevant laws and Council’s policies regarding confidentiality, privacy and reporting. Committee members shall treat all information received as part of the Committee as confidential and only disclose the content to third parties with the consent of other members of the Committee.

7 Responsibilities

7.1 The ARMC has no executive powers, except those expressly provided by Council.

7.2 In carrying out its responsibilities, the Committee must at all times recognise that primary responsibility for management of Council rests with the Council and General Manager as defined by the Local Government Act 1993. The Council and General Manager shall ensure that reasonable resources are allocated to providing the ARMC with the information it needs to discharge its responsibilities.

7.3 The responsibilities of the ARMC may be revised or expanded by Council from time to time. The Committee will carry out the following responsibilities:

7.3 (a) Financial Statements

· Review significant accounting and reporting issues, including complex or unusual transactions and highly judgmental areas, and recent professional and regulatory pronouncements, and understand their impact on the financial statements. The ARMC can add value for Councillors and the process by reviewing the audit objectives, timeline and process, settlement of identified issues and the independence of the external auditor. This would be done in consultation with the External Auditor, Internal Auditor and management

· Based on the audit objectives, review with management and the external auditors the results of the audit, timeline and process, settlement of identified issues and the independence of the external auditor. Review the process of the audit, identify unresolved issues.

· Review the audited annual financial statements and consider whether they are complete, consistent with information known to committee members, and reflect appropriate accounting principles. Without having conducted its own assessment the ARMC will need to rely on the work of Internal, External Auditor and management representations. Therefore any recommendation to Council would be based on the External Auditors Management Letter and made under a disclaimer that identifies things such as the audit process, access to records, auditor appears to be suitably qualified, had sufficient time to complete, items identified have been resolved to their satisfaction.

· As part of the External Auditors presentation and management representations, review with management and the external auditors all matters required to be communicated to the Committee under generally accepted auditing Standards.

· Understand how management develops interim financial information, and the nature and extent of internal and external auditor involvement.

7.3.(b) Risk Management

· Review whether management has in place a current and comprehensive risk management framework, and associated procedures for effective identification and management of business and financial risks, including fraud.

· Review whether a sound and effective approach has been followed in developing strategic risk management plans for major projects or undertakings.

· Review the impact of the risk management framework on its control environment and insurance arrangements, and

· Review whether a sound and effective approach has been followed in establishing business continuity planning arrangements, including whether plans have been tested periodically.

7.3.(c) Internal Control

Consider the adequacy and effectiveness of the Council’s internal control systems, incorporating the:

· Reliability and integrity of financial and operational information systems, including information technology security and control

· Effectiveness and efficiency of operations and

· Safeguarding assets

· Compliance with contracts, laws and regulations

· Governance framework

· Understand the scope of internal auditors’ review of internal control over financial reporting and obtain reports on significant findings and recommendations, together with management’s responses.

7.3.(d) Internal Audit

· Review and recommend approval of the Internal Audit Activity Charter, activities, and staffing, and organisational structure of the internal audit function; and any subsequent changes.

· Have final authority to review and approve the annual audit plan and all major changes to the plan.

· Ensure there are no unjustified restrictions or limitations to the activities of internal audit.

· Review the effectiveness of the internal audit function and objectives, including compliance with The Institute of Internal Auditors’ International Standards for the Professional Practice of Internal Auditing.

7.3.(e) External Audit

· Establish that an appropriate process is in place to give assurance that the Council complies with the Local Government Act requirements for financial reporting and auditing.

· Review the external auditors’ proposed audit scope and approach, including coordination of audit effort with internal audit.

· Review and confirm the independence of the external auditors by obtaining statements from the auditors on relationships between the auditors and the Council, including non-audit services, and discussing the relationships with the auditors.

· Review management’s responses to the recommendations in the external auditor’s management letter.

· On a regular basis, meet separately with the external auditors to discuss any matters that the Committee or auditors believe should be discussed privately.

7.3.(f) Compliance

· Review the effectiveness of the system for monitoring compliance with laws, regulations and contracts and the results of management’s investigation and follow-up of any instances of noncompliance.

· Review the findings of any examinations by regulatory agencies, and any auditor observations.

· Review the process for communicating the code of conduct to Council personnel, and for monitoring compliance therewith.

· Liaise with the General Manager to obtain regular updates from management and Council legal counsel regarding compliance matters.

7.3.(g) Reporting Responsibilities

· Regularly report to the Council about committee activities, issues and related recommendations

· Provide an open avenue of communication between internal audit, the external auditors, and the Council.

· Report annually to the Council, describing the committee’s compositions, responsibilities and how they were discharged, and any other information required by law, including non-audit services.

· Review any other reports the Council issues that relate to Committee responsibilities.

7.3.(h) Other Responsibilities

· Perform other activities related to this charter as requested by the Council.

· Institute and oversee special investigations as needed.

· Review and assess the adequacy of the ARMC Charter annually, requesting Council approval for proposed changes, and ensure appropriate disclosure as may be required by law or regulation.

· Confirm annually that all responsibilities outlined in this charter have been carried out.

· Evaluate the committee’s and individual members’ performance on a regular basis.

7.3.(i) Individual Responsibilities of Members

Members of the ARMC are expected to:

· Understand the relevant legislative and regulatory requirements appropriate to Orange City Council.

· Contribute the time needed to study and understand the papers provided.

· Apply good analytical skills, objectivity and good judgement.

· Express opinions frankly, ask questions that go to the fundamental core of issues, and pursue independent lines of enquiry.

· Declare any conflicts of interest before participating in deliberations on the issue where the conflict of interest exists.

· Attend an induction meeting at which they receive relevant information and briefings on their appointment to assist them to meet their Committee responsibilities.

REVIEW

REVISION	DATE	RESOLUTION
Issue Date:	June 2009	ARMC Charter established 3/07/2009 resolution number 09/260
1	November 2011	Changes to document format/presentation only. No resolution.
2	September 2012	Change composition of committee. Resolution 12/345 of 20/09/2012
3	January 2013	Change composition of committee. Resolution 12/358 of 18/10/2012

Version control – Amendments in version 4 approved by Council on 7/10/14 resolution number 14/961

(Version 4 reference number: TRIM D14/13319)

Clause reference number	Current clause	Nature of proposed changes
2		Correction to clause reference numbers.
3		Correction to clause reference numbers.
4		Correction to clause reference numbers.
4.3	In any event, the appointment of each member of the ARMC will be reviewed at the end of the first year and confirmed for the remaining period subject to satisfactory performance as determined by Council. A member may be eligible for re-appointment to the committee for a continuous period not exceeding five (5) years.	Amend to eight (8) years from five (5) years for tenure
4.4	In considering new independent members for the ARMC, advice will be sought and regard will be given to:	Clause replaced by the following: In considering new independent members for the ARMC, selection shall be influenced by:
4.4	4.4(a) Recommendations from an accounting industry body, either CPA Australia or the Institute of Chartered Accountants Australia.	Clause replaced by the following: Industry standards for similar committees, particularly relating to the appointment of independents to ARMCs.
4.4	4.4(b) Recommendations from Charles Sturt University (CSU) (endeavouring to maintain one member of the ARMC as a CSU nominee)	Clause replaced by the following: Any guidelines issued by the NSW Government concerning Local Government ARMCs
5.2		Minor re-wording.
5.6		Minor re-wording.

Version control – Amendments in version 5 approved by Council on 7/10/14 resolution number 14/961

(Version 5 reference number: TRIM D14/27233)

Clause reference number	Current clause	Nature of changes
4.4	4.4(c) The existence of a nexus between the candidate and the Bathurst, Orange and Dubbo LGA.	Clause replaced by the following: The attributes and experience of candidates who respond to Expression of Interest advertisements for independent members.
4.4	4.4(d) The skills and experience of candidates who respond to Expression of Interest advertisements for independent members.	Clause deleted.
4.4	4.4(e) The Bathurst Regional Council, Orange City Council and Dubbo City Council share an Internal Auditor and also recognise the benefits of shared independent members of the ARMCs.	Clause deleted.
5.3	5.3 Members of the ARMC are expected to attend each meeting, in person or via tele or video-conference.	Clause replaced by the following: 5.3 Members of the ARMC are generally expected to attend each meeting, in person or via tele or video-conference with the approval of the Committee Chairperson.

Version control – Amendments in version 6

(Version 6 reference number: TRIM D15/29881)

Clause reference number	Current clause	Nature of changes
3.3	…”Division of Local Government”	Changed to Office of Local Government

Version control – Amendments in version 7

(Version 7 reference number: TRIM D18/13729 recommended for approval at ARMC meeting of 18 March 2018)

Clause reference number	Current clause	Nature of changes
3.2.2	Attendee (non-voting)	Members (non-voting)
7.3.(e)	In accordance with the provisions of s422 to 427 or the Local Government Act 1993, support the General Manager in reviewing the performance of the external auditors, and recommend to the General Manager final approval on the appointment or discharge of the auditors.	Clause deleted as the appointment of the Auditor General of NSW as Council’s auditor is now mandatory.
7.3.(f)	Review other sections of the annual report and related regulatory filings before release and consider the accuracy and completeness of the information.	Clause deleted.

Council Meeting 18 August 2020

5.13 Development Application DA 356/2019(1) - 149 Byng Street

RECORD NUMBER: 2020/1400

AUTHOR: Andrew Crump, Senior Planner

EXECUTIVE Summary

Application lodged	15 October 2019
Applicants	Orange City Council
Owners	The State of New South Wales (Crown Land)
Land description	Lots 8 and 9 DP 820905 - 149 Byng Street and Peisley Street, Orange
Proposed land use	Information and Education Facility (alterations and additions to art gallery) and Signage
Value of proposed development	$3,500,000.00

Council's consent is sought to undertake alterations and additions to the Orange Regional Gallery. The land is known as the Orange Civic Precinct and is legally described as Lots 8 and 9 DP 820905 (refer below locality plan).

Figure 1 - locality plan – development site within red box (approx.)

The proposed additions will provide; additional gallery space of 269.71m^2,,artwork conservation and storage space (90.09m² and 116.64m²respectively), ancillary theatre space (75 seats); along with loading dock, plant room and circulation space (lobby and corridors) making up the balance of the floor area.

The application also involves minor alterations to the existing floor space including; adjustments to Gallery 2 to provide a corridor to the new floor area, new revolving door and new external door into the create storage area.

The building form will be rectilinear, comprising four articulated projections that extend out from the existing building to the north east, accounting for the triangular shaped footprint created by the angle of the existing gallery and its relationship to Peisley Street.

Materiality will be relatively simple and contemporary; comprising off-form concrete base, dark grey compressed fibre cement sheet wall cladding with expressed horizontal and vertical joints and a flat roof conceal by parapet walls.

Refer to isometric drawings below.

Figure 2 – isometric drawing

Figure 3 – isometric drawing

Figure 4 – isometric drawing

Critical elements within the assessment relate to the following:

· The development necessitates a number of mature trees to be removed from behind the Gallery and the Peisley Street setback.

· No additional car parking is provided as part of this development and a detailed car parking analysis is provided within the report.

· Urban Design advice provided by Council Heritage and Urban Design Advisor has been obtained and is discussed in detail within the report.

· The developments compliance with the relevant Plan of Management applying to the land.

· The ancillary nature/permissibility of the Theatre space.

· The presence of benzo(a)pyrene within the soil and the need for appropriate conditions to address this.

The below assessment concludes that the development complies with Council’s relevant planning controls; and where appropriate conditions are recommended to ensure the development is acceptable.

The development is recommended for approval.

DECISION FRAMEWORK

Development in Orange is governed by two key documents Orange Local Environment Plan 2011 and Orange Development Control Plan 2004. In addition the Infill Guidelines are used to guide development, particularly in the Heritage Conservation Areas and around Heritage Items.

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

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

DIRECTOR’S COMMENT

The proposed development will further enhance social, cultural and educational facilities within the Civic precinct of the City. The key planning issues identified in the staff assessment report relate to tree removal, off-street car parking, contamination and urban design. The proposed development is considered to be consistent with the adopted Plan of Management that applies to the subject land. It is recommended that Council supports the proposed development subject to the adoption of the attached Notice of Determination.

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 356/2019(1) for Information and Education Facility (alterations and additions to art gallery) and Signage at Lots 8 and 9 DP 820905 - 149 Byng Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

further considerations

SUPPORTING INFORMATION

THE LAND

The land forms part of the civic precinct and comprises the Library, Art Gallery and Museum. The land is a large irregular shaped parcel and has frontage to Byng, Peisley and March Streets. The Civic Centre and Theatre sit on an adjacent parcel. The location of the proposed development is on the eastern side of the existing art gallery which fronts Peisley Street. A number of large mature trees flank the eastern boundary of the land. The northern portion of the site (known as the North Court) is largely vacant, however, Council has before it a separate application for a conservatorium and planetarium within the northern portion of the site.

THE APPLICATION

The application involves minor alterations and a major addition to the Orange Regional Gallery.

The proposed additions will provide; additional gallery space of 269.71m^2,,artwork conservation and storage space (90.09m² and 116.64m²respectively), ancillary theatre space (75 seats) with loading dock, plant room and circulation space (lobby and corridors) making up the balance of the floor area.

MATTERS FOR CONSIDERATION

CROWN LAND

The land to which the application relates, being Lot 9 DP 820905 and Lot 8 DP 820905 are both Crown Land; the relevant description is provided in the below table:

Lot/DP	Reserve No.	Gazette Date	Reserve Purpose	Reserve Management	Trust Management
8/820905	190086	31 Dec. 1992	Public Recreation	Orange Civic Centre Recreation Reserve Trust	OCC
9/820905	190087	31 Dec. 1992	Urban Services	Orange Public Library and Art Gallery Reserve Trust	OCC

The Orange Civic Precinct Plan of Management March 2014 (the PoM hereafter) applies to the land. The PoM provides, inter alia, for an addition to the art gallery building on the northern side of the existing building, principally within the land identified above as reserve no. 190086 and reserve purposes – Public Recreation.

The PoM was underpinned by the Orange Civic Precinct CapaCity Study dated March 2010 which also recommended that the art gallery be extended to the north of the existing building.

As such, the proposed development is consistent with the PoM applying to the land. It is noted, however, that a requirement of the grant of Owners Consent from the Department of Industry – Crown Lands and Water is that Council commence a process to add a more suitable reserve purpose to Reserve No. 190086 to include Urban Services or similar. A condition to this effect is recommended prior to works commencing as per the submitted owners consent document.

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

Section 1.7 - Application of Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994

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

There are four triggers known to insert a development into the Biodiversity Offset Scheme (ie the need for a BDAR to be submitted with a DA):

· Trigger 1: development occurs in land mapped on the Biodiversity Values Map (OEH) (clause 7.1 of BC Regulation 2017);

· Trigger 2: development involves clearing/disturbance of native vegetation above a certain area threshold (clauses 7.1 and 7.2 of BC Regulation 2017); or

· Trigger 3: development is otherwise likely to significantly affect threatened species (clauses 7.2 and 7.3 of BC Act 2016).

The fourth trigger (development proposed to occur in an Area of Outstanding Biodiversity Value (clause 7.2 of BC Act 2016) is generally not applicable to the Orange LGA; as no such areas are known to occur in the LGA. No further comments will be made against the fourth trigger.

Trigger 1

The land is not located within a mapped area of high biodiversity value.

Trigger 2

The trees to be removed whilst endemic to area are not considered to form part of the Blakely’s Box Gum Grassy Woodland and moreover, the land has a clearing threshold of 0.25ha and as such the clearing proposed is well below the relevant threshold. Accordingly, the development will not activate this trigger.

Trigger 3

With regard to the third trigger, the test for determining whether proposed development is otherwise likely to significantly affect threatened species is listed in the BC Act 2016, under S.7.3:

(a) in the case of a threatened species, whether the proposed development or activity is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction,

(b) in the case of an endangered ecological community or critically endangered ecological community, whether the proposed development or activity:

(i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

(ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,

(c) in relation to the habitat of a threatened species or ecological community:

(i) the extent to which habitat is likely to be removed or modified as a result of the proposed development or activity, and

(ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed development or activity, and

(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species or ecological community in the locality,

(d) whether the proposed development or activity is likely to have an adverse effect on any declared area of outstanding biodiversity value (either directly or indirectly),

(e) whether the proposed development or activity is or is part of a key threatening process or is likely to increase the impact of a key threatening process.

The land is not located in an area of high biodiversity value. The land is a highly disturbed urban environment. Some of the trees to be removed namely the Casuarina Cunninghamiana (river she-oaks) are endemic to this region, however, the area concerned is not considered an endangered ecological community relating to the Blakeley’s Box Gum Grassy Woodland. The development is not likely to give rise to any significant impact upon any endangered ecologically community, threatened species or their habitat.

The development is considered satisfactory in this regard.

Section 4.15

Section 4.15 of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s4.15(1)(a)(i)

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under Subclause 2. Those relevant to the application are as follows:

(a) to encourage development which complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Orange in a way that allows present and future generations to meet their needs by implementing the principles for ecologically sustainable development,

(c) to conserve and enhance the water resources on which Orange depends, particularly water supply catchments.

The application is considered to be consistent with aims (a), (b) and (c) as listed above.

Clause 1.6 - Consent Authority

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

Clause 1.7 - Mapping

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

Land Zoning Map:	Land zoned RE1 Public Information
Lot Size Map:	No Minimum Lot Size
Heritage Map:	Not a Heritage Item or conservation area
Height of Buildings Map:	12m building height limit
Floor Space Ratio Map:	1:1.5 floor space limit
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Groundwater vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	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:	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:

(a) to a covenant imposed by the Council or that the Council requires to be imposed, or

(b) to any relevant instrument under Section 13.4 of the Crown Land Management Act 2016, or

(c) to any conservation agreement under the National Parks and Wildlife Act 1974, or

(d) to any Trust agreement under the Nature Conservation Trust Act 2001, or

(e) to any property vegetation plan under the Native Vegetation Act 2003, or

(f) to any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995, or

(g) to any planning agreement under Subdivision 2 of Division 7.1 of the Environmental Planning and Assessment Act 1979.

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

Part 2 - Permitted or Prohibited Development

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

The subject site is located within the RE1 Public Recreation zone. The proposed development is characterised as an education and information facility and business identification signage under OLEP 2011; each of which are defined as follows:

information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.

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.

Information and education facilities and business identification signage are both permissible in the RE1 Public Recreation zone.

It is noted that the proposal comprises a 75 seat auditorium or theatre within the centre of the proposed extension. The submitted material concedes that this could rightly be construed as an independent land-use that is separate to the information and education facility. This, as a separate land-use would be best characterised as entertainment facility^{^[1]} which is impermissible in the RE1 Zone. However, the applicant submits that this space will be used for activities related to the art gallery use such as opening of exhibitions, audio/visual exhibitions and lectures/talks by artists and the like. As such, this space is considered a component of the art gallery land-use and is thus considered permissible.

Should Council intend to use this space for events that are unrelated to the art gallery use such as renting the space for seminars, movie events, concerts or the like; this would be possible under Council’s Temporary use provisions to be used for these purposes not more than 52 times in a calendar year. This would simply require a separate application to be lodged in the future.

To ensure the development is permissible in the zone and is used for purposes related to the art gallery (information and education facility) land-use, an ongoing condition is recommended that obligates the beneficiary of the consent to only use the theatre space for activities/events directly related to the art gallery.

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. These objectives for land zoned RE1 Public Recreation are as follows:

1 - Objectives of the RE1 Public Recreation Zone

· To enable land to be used for public open space or recreational purposes.

· To provide a range of recreational settings and activities and compatible land uses.

· To protect and enhance the natural environment for recreational purposes.

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

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

The development is not antipathetic with the objects of the zone. The development represents a continuation and expansion of the longstanding public purpose use of the land. The development will not impact the natural environment that is used by the public for recreation purposes.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.3 - Height of Buildings

This clause limits the height of buildings (HoB) on land identified on the Height of Buildings Map. The subject land is identified on the Map as having a HoB limit of 12m. The building has a floor level to parapet height of just under 6m. Therefore (even accounting for the portion of the building with an elevated floor level) the proposed extension is well below the height of buildings control.

Clause 4.4 - Floor Space Ratio

This clause limits the floor space ratio (FSR) permitted on land identified on the Floor Space Ratio Map. Clause 4.5 is associated with this clause and establishes the rules for calculating the site area and FSR of any proposal. These rules exclude certain parts of a site and development such as:

· excluding any part of the site upon which the development is prohibited (ie if the site is split zoned only the zone in which the development is permissible may be considered)

· excluding community land and most public places

· lots in a strata scheme wholly or partly above other lots in the scheme do not increase the site area (ie the site area is the ground level of the scheme only)

· adjoining lots in the same ownership do not form part of the site area unless significant parts of the development are proposed on that land

· the floor area of existing buildings is to be included in the FSR calculation

· any covenant restricting floor space on the lot, due to floor space having been considered as part of the development of another lot, is to be taken into account.

The subject land (both lots) is identified on the relevant Map as having an FSR of 1.5:1. The site area has been calculated under clause 4.5 as 15,560.43m², meaning the site may have up to 23,340.65m² of floor space. Given the extensive size of the site and the generous floor space available; the combined floor areas of the existing Library/Gallery building and Museum building along with the additional floor area proposed under this application remains well below the development standard. The development is considered satisfactory in this regard.

Part 6 - Urban Release Area

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

Part 7 - Additional Local Provisions

7.1 - Earthworks

This clause establishes a range of matters that must be considered prior to granting development consent for any application involving earthworks, such as:

(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development

(b) the effect of the development on the likely future use or redevelopment of the land

(c) the quality of the fill or the soil to be excavated, or both

(d) the effect of the development on the existing and likely amenity of adjoining properties

(e) the source of any fill material and the destination of any excavated material

(f) the likelihood of disturbing relics

(g) the proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area

(h) any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).

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

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

As detailed above, the site is not known to be contaminated, however, as a precautionary measure an unexpected finds protocol is required. Excavated materials will be reused onsite as far as possible and are imposed to require that surplus materials will be disposed of to an appropriate destination.

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

The site is not known to contain any Aboriginal, European or Archaeological relics. Previous known uses of the site do not suggest that any relics are likely to be uncovered. However, conditions are imposed to ensure that should site works uncover a potential relic or artefact, works will be halted to enable proper investigation by relevant authorities and the proponent required to seek relevant permits to either destroy or relocate the findings.

The site is in proximity to Blackmans Swamp channel, however, the waterway is a constructed concrete channel and as such the proposed development will not impact water quality, etc. Notwithstanding, conditions are imposed to require a sediment control plan, including silt traps and other protective measures, to ensure that loose dirt and sediment does not escape the site boundaries.

7.2 - Flood Planning

This clause applies to land identified on the Flood Planning Map as a Flood Planning Area and requires that, before any consent is issued, Council must be satisfied that the proposal:

(a) is compatible with the flood hazard of the land, and

(b) is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c) incorporates appropriate measures to manage risk to life from flood, and

(d) is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

The subject land is identified as being flood liable. Council’s Technical Services Department have advised the following:

Flooding during 1% AEP event: additions will be constructed to the same floor level as the existing building (RL 859.86m AHD). The 1% AEP flood planning level for the site is approx. 859.50m AHD. Stormwater flows in a 1% AEP flood event will be generally contained within the Byng and Peisley Street roadways.

Accordingly, the development is considered acceptable with regards to flood related planning controls.

7.3 - Stormwater Management

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

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

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

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

Council’s Technical Services Department advise that stormwater from the building will be connected to the existing Library/Art Gallery stormwater system or stormwater channel – details to be determined prior to issue of Constructed Certificate.

The development is considered satisfactory with regards to stormwater management.

7.5 - Riparian Land and Watercourses

This clause seeks to preserve both water quality and riparian ecological health. The clause applies to land identified as a “Sensitive Waterway” on the Watercourse Map. The subject land contains such a waterway and therefore Council must consider whether or not the proposal:

(a) is likely to have any adverse impact on the following:

(i) the water quality and flows within a watercourse

(ii) aquatic and riparian species, habitats and ecosystems of the watercourse

(iii) the stability of the bed and banks of the watercourse

(iv) the free passage of fish and other aquatic organisms within or along the watercourse

(v) any future rehabilitation of the watercourse and its riparian areas, and

(b) is likely to increase water extraction from the watercourse.

Additionally, consent may not be granted until Council is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised - the development will be managed to mitigate that impact.

Blackmans Swamp Creek traverses the subject land which is identified as a sensitive waterway. The waterway, for the point where it traverses the subject land, is a constructed underground stormwater pipe and as such the proposed development will not give rise to any environmental impacts relating to water quality or the like. It should also be noted that the actual pipe within the ground is a considerable distance from the area of construction for this development.

7.6 - Groundwater Vulnerability

This clause seeks to protect hydrological functions of groundwater systems and protect resources from both depletion and contamination. Orange has a high water table and large areas of the LGA, including the subject site, are identified with “Groundwater Vulnerability” on the Groundwater Vulnerability Map. This requires that Council consider:

(a) whether or not the development (including any onsite storage or disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and

(b) the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.

Furthermore, consent may not be granted unless Council is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact,

(c) if that impact cannot be minimised - the development will be managed to mitigate that impact.

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

Clause 7.11 - Essential Services

Clause 7.11 applies and states:

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

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) storm water drainage or onsite conservation,

(e) suitable road access.

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

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.

A preliminary contamination investigation has been undertaken for the subject land by EnviroWest. The report identified elevated levels of benzo(a)pyrene and recommended:

The site is suitable for commercial land-use. An erosion and sediment control plan should be implemented for any soil disturbance work.

Soil material should not be removed from the site area during construction of the Art Gallery extension to ensure benzo(a)pyrene contaminated soil is not transported to nearby waterways.

An unexpected Finds Protocol is recommended to be implemented during site development works to manage possible identification of potential hazards.

A waste classification should be undertaken for any material proposed to be removed from the site.

The preliminary contamination investigation was peer reviewed by GHD. GHD advised Council that, whilst the report is not entirely consistent with EPA Guidelines, it is satisfactory to complete assessment against SEPP 55. Furthermore the advice from GHD states:

A RAP it not required at this stage, however it is important that the CEMP is reviewed to ensure management measures, in relation to potential contamination of the soil containing PAH, are appropriate. Based on the site history, the CEMP needs to also include a detailed Unexpected Finds Protocol to ensure any risks associated with unforeseen contamination is managed correctly.

Relevant conditions are recommended as detail above. As such, the development is considered satisfactory with regards to SEPP 55.

State Environmental Planning Policy 64 - Advertising and Signage

The application involves the erection of business identification signage. The proposed signage is to be flush mounted upon the new extension within the eastern and western elevations. The signs will display the words “ORANGE REGIONAL GALLERY” and will be orientated vertically on the building.

Figure 5 - example of proposed Business Identification signage – eastern elevation

As such, 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.

The proposed signage is consistent with the objects of the policy and a Schedule 1 assessment is carried out below.

1 - Character of the Area

· Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

· Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

Signage within the Civic Precinct comprise business identification for the various uses such as the Theatre, Library and Museum. The signage within the precinct presents a consistent theme in terms of messaging, size, font, colour and arrangement of words, etc. The proposed signage with its vertical orientation and simple messaging is entirely consistent with the character of signage within the civic precinct.

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 land is considered a special area given the open space/public recreation zoning of the land. Notwithstanding this, the proposed signage meets the requirement for business identification signage is thus consistent with the special area requirements.

3 - Views and Vistas

· Does the proposal obscure or compromise important views?

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

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

The signage will be flush mounted to the proposed art gallery building and as such will not impact important views, nor will it impact the skyline of the CBD or impact viewing rights of other signs within the precinct.

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 scale of the proposed signage is appropriate for the context and setting and thus will have acceptable streetscape compatibility.

The signage will not have a negative impact within the street.

The signs will fit appropriately within the buildings envelope and will not extend or protrude above the building.

The proposed signs are appropriate in regards to the above.

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?

The proposed signage presents as an appropriate fit on the host building. The proportion and size of the proposed signs are such that both signs fit neatly in the centre of the vertically orientated FC sheets. The signs will not interrupt or disrespect any important architectural features on the proposed building, nor any other building on the land. The signage is considered appropriate in this regard.

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?

There are no associated devices or logos as part of the proposed signage.

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 applicant submits the signage will not be illuminated.

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 signs will be flush wall mounted and will not give rise to any safety impacts for road users, pedestrians or bicyclists.

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

The application involves the removal of a number of mature trees from behind the art gallery and along the street front age within Peisley Street. As such, the provisions of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 are applicable to the subject development as the proposal requests consent to remove trees in non-rural areas of the State.

Part 3 of the SEPP applies to vegetation in any non-rural area of the State that is declared by a Development Control Plan to be vegetation that Council can issue a permit to a landholder to be cleared. Clause 26 of the SEPP (Vegetation in Non-Rural Areas) 2017 outlines that a Development Control Plan (DCP) that is in force on the commencement of this Policy can establish the process, such as requiring a permit or development consent, for the clearing of vegetation.

Chapter 0 Transitional Provisions of the Orange DCP 2004 (the DCP) prescribes the kinds of trees and other vegetation that are subject to Clause 10 of the SEPP (Vegetation in Non‑Rural Areas) 2017. The vegetation that would be impacted by the proposed development is of a size that would trigger the requirements outlined in these provisions.

This application is requesting consent to remove this vegetation. It is therefore considered that the requirements of the SEPP (Vegetation in Non-Rural Areas) 2017 have been met and the proposal is consistent with the provisions as outlined in the Policy and the DCP, provided the removal is carried out in line with the conditions of consent.

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).

The Draft Remediation of Land SEPP is applicable to this proposal. The Draft SEPP requires in part that consideration be given to potential contamination on nearby or neighbouring properties and groundwater.

The contaminated status of adjoining lands will not impact on the proposed development.

ORANGE LEP 2011 – DRAFT AMENDMENT 24

Draft Amendment No 24 to Orange LEP 2011 has been placed on public exhibition. The draft plan includes several amendments to the LEP. In particular the draft deals with flooding across the City. The subject land is affected by flooding and the flooding impact on the development has been taken into consideration in determining floor levels and overland flow paths. Council’s Technical Services Department have provided commentary in relation to flooding and stormwater issues which are detailed above.

There are no other aspects of the amendment that would have a bearing on the assessment of this application.

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 (Part 0 – LEP 2011, Part 11 – Land uses for open space and recreation, Part 14 – Advertising and Part 15 Car Parking). An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

Part 0 LEP 2011

General Translation of Zones

Chapter 0.2 of Orange DCP provides a conversion table of old zone and the applicable new zones. The table indicates that the former Zone 6 Open Space is the equivalent of the RE1 Public Recreation Zone. As such, the relevant provisions pertaining to Part 11 of Orange DCP applies to the assessment of this development as well as other relevant parts.

Tree Preservation

Eighteen (18) large trees are required to be removed to facilitate the proposed gallery extension including some Casuarina Cunninghamiana (river she-oaks); And whilst the removal of trees is not considered an ideal planning outcome, in this instance there is a public benefit that is achieved with the proposed development to counterbalance the removal of the trees. The subject trees were likely planted as part of the original civic precinct and it is not unreasonable to expect their removal to facilitate further development of the area. A detailed Landscape Plan has been submitted in support of the development and provides for an extensive no. of replacement trees. Council staff raise no objection to the removal of the trees as detailed in Appendix D of the submitted application.

Chapter 14 – Advertisements

Advertisements

· The location, size, colour and design of advertisement complement the character of the locality.

· Advertisements on buildings fit within the envelope of the building.

This is addressed above under the heading SEPP 64.

High-Profile areas

· Business-identification Signs complement the character of the locality.

The DCP seeks to prohibit business identification signage within high profile locations, and whilst SEPP 64 (which the relevant planning instrument) does not specifically prohibit general advertising in this way, it does preclude general advertising in “open space areas”. The application is for business identification signage and is thus consistent with the above planning outcome. (See SEPP 64 assessment above for detail)

Part 15 - Car Parking

The DCP does not nominate a car parking rate for information and education facilities. In instances where this is the case, Council may require a professionally prepared report. The application is supported by a traffic and parking report. It is noted the RMS Guide to Traffic Generating Development does not provide a car parking rate for this type of development either.

The parking and traffic report adopts a parking rate of four spaces per 100m² GFA. This therefore generates a net increase in demand of 44 spaces for the additional gallery space.

The report then provides an analysis of unrestricted parking spaces available within the vicinity and concludes that that there is a surplus of available spaces during core business hours.

The report concludes that the development should have no unacceptable traffic implications.

Council staff suggest that the adopted car parking rate, which is the equivalent to a supermarket in the CBD is not reflective of the realistic demand for the gallery, Council staff suggest a much lower demand would be more reflective.

Adopting a more realistic rate of one space per 40m² and excluding floor area relating to the loading dock, plant room, etc. would result in a demand of 20.5 spaces (based on a GFA of 820m²).

The application does not propose any additional onsite car parking.

Despite the fact that the additions would generate a modest increase in demand, Council staff are accepting of the development based on the following:

· Visitation levels are not expected to dramatically increase as a direct result of the additional floor area.

· There would be a degree of visitation overlap where visitors would attend the gallery as well as other attractions within the civic precinct such as the museum for instance, and thereby the demand is already accounted for within the other approvals; or in other words the demand is shared across a number of uses within the precinct.

· Although no data of visitation peak periods has been provided, casual observations of patronage of the gallery does not suggest high frequency of visitors during core business hours.

· Major events such as openings of exhibitions tend to occur outside of core business hours.

· A condition of consent is recommended that has the effect of limiting the use of the theatre to gallery related activities only. This is principally due to a permissibly issue, but has the beneficial consequence of reducing parking demand for the development.

· Appropriate public transport is also available within the Byng Street frontage which would further reduce the parking demand.

It is noted that there is sufficient parking available for the development within close proximity via Tim Sullivan parking area, as well as a new car park that is proposed to be built over the former Muir’s site opposite the North Court in Peisley Street that will be utilised during periods of high demand within the civic precinct.

As such, the development is not likely to generate any adverse impacts in terms of parking.

The traffic report suggests provision be made for bicycle parking within the site. It is noted that sufficient supply of bicycle parking exists within the civic precinct as it was required as part of the museum development.

The development is considered satisfactory with regard to parking.

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

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 93)

The proposal does not involve a change of building use for an existing building.

Buildings to be Upgraded (clause 94)

Upgrading of the building will be required to ensure the existing building is brought into partial or total conformity with the Building Code of Australia. The applicant will be required to submit amended plans with a construction certificate showing additional sanitary facilities, including an accessible facility, in compliance with the requirements of the National Construction Code, for the combined library and art gallery buildings. It is understood that upgrade works will be undertaken within the existing round amenities facilities in the forecourt to ensure compliance.

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development. A Section J Energy Efficiency Statement will be required with the Construction Certificate application.

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

Context and Setting

The proposed development is appropriate in terms of the context and setting of the locality. The development represents further development within the civic precinct, strengthening a social, cultural and educational focal point for the City. Additionally, as noted above, the development is consistent with the Plan of Management applicable for the Civic precinct.

Traffic Impacts

The application is supported by a traffic report indicating there is a sufficient supply of parking within appropriate distances to cater for the development. The development is well serviced by public transport with a bus stop located directly within the Byng Street frontage. Turning paths of service vehicles have been submitted in support of the development which demonstrate that appropriate arrangements have been made for deliveries.

The development is not likely to create any unreasonable traffic impacts within the locality.

Visual Impacts

The proposed siting and scale of the development is generally consistent with the Orange Precinct CapaCity Study 2010 prepared by NSW Public Works. The study, inter alia, carried out an analysis of important views which should be retained, protected or enhanced. It is noted that the primary views are as follows:

5.3.6 Maintain and Enhance Views From Outside the Site

The principle view lines that should be maintained/enhanced to the site are: the view from the corner of Byng and Peisley Streets (1) which will extend to the library with the removal of the Visitor Information Centre building, the view from Robertson Park to the Theatre (2) which should be maintained, the views along Byng Street (3) and along Lords Place (4) which should be enhanced with consistent street tree planting.

Figure 6 - important view analysis

As can be observed from the above, the development will not impact the identified important views for the site. It is further noted that the character of the area to the east is largely commercial/industrial in nature with a number of vehicle repair stations and a carwash. As such the proposed development will not impact the character of the surrounding area to the east.

Urban Design

The development was referred to Council’s Heritage and Urban Design Advisor for comment and the following was provided having reviewed the design against the existing Library and Art Gallery building.

Design in context Issues

Scale

· the roof is distinguished from the existing built form by having a lower height. Evidence is to be provided and confirmed that the plant on the roof will be below the parapet line or screened.

Setbacks

· The staggered form to the Peisley Street produces a varied streetscape and allows for some replacement planting. No Landscape Plan is provided at this Stage. A comprehensive Landscape Plan is recommended in order that the exposed Peisley Street edge to the street will include tall deciduous trees with a regularly spacing so as to produce natural screen to the bulk and character of the irregular elevation and reinforce the streetscape alignment.

Landscape

· Suitable planting in the form of suitable endemic trees are recommended for the northern edge of the forecourt so as to define and bond that space to the complex.

· The northern forecourt is retained and the proposed West Elevation provides closure and additional seating detailing.

Massing and bulk

· The addition butts into the existing Eastern Elevation without an expressed joint

o Given the detailed expression on the existing elevation a form of recessed junction and alternate material, in the form is recommended. This could take the form of the panel elements which abut the existing.

o The foundation is off-form concrete in a vertical board expression. It is recommended that a Charcoal oxide be utilised to produce a similar colour to the local Basalt.

o A similar recommendation is made for the West Elevation where the extension joins the existing.

1. The Northern Elevation includes the accessible receivables area, then the rear of the Conservation Area – screening with trees is possible here and recommended to assist in modelling the bulk of this varied practical elevation. The end of Gallery 3 is simply expressed and is good neighbour to the adjoining site.

General context for the proposal is the Sulman award winning Library and Gallery Building.

The existing Gallery and Library provide a delicate finesse in their external elevations where materials, joints and grids produce a scale and character which relieves and models the overall scale and bulk of the building.

In contrast, the Gallery extension offers a full modelled approach. There are few elements within the external design of the proposal which reflect or interpret or reference the existing building and its urban setting on Peisley Street.

While the constraints of a budget and the need to reflect current trends in the use of a very dark colour are acknowledged, it is recommended that elements of the proposal are modified to respond to the streetscape and the context of the finely detailed and expressive award winning existing building.

Details in Mitigation

· The following measures are therefore offered for consideration with the objectives of producing acknowledgements to the existing while producing a quiet dignity without the large scale block massing and heavy colours evident in the current drawings.

o At the junctions between the existing building and the new structure, vertical recessed panel size elements would produce a subtle link acknowledging the integrity of the two elements without undue impact on the interiors.

o The concrete ribbed base for the buildings acknowledges the reduced cost of the project with the elimination of the stonework as the ground material. If the concrete is retained then a dark oxide is recommended for use in the concrete and a singular element of Basalt used at the prominent corner where the sign is located.

o The very dark colour for the paint on the fibre cement cladding is very much a colour of our times. Such colours tend to fade dramatically in the intense ultra‑violet of the summer. They also age culturally as opposed to being a quiet and bold neighbour. Two measures to mitigate the visual impact are offered without altering the dramatic intent of the design:

§ the dark colour to be modified to a lighter and warmer colour which complements the tile colour on the existing building

§ the joint details in the panel layout on the three elevations are modified into two sizes with horizontal joints which relate to the joint elements in the existing building

§ the joints are backed in a Shale Grey to interpret the same coloured element from the concrete frame expressed in the adjoining significant building.

In response to the above, it is noted that the subject land is not identified as a Heritage Item, nor is it located in a Heritage Conservation Area. It is also acknowledged that the buildings within the precinct are all examples of strong contemporary design, designs that are reflective of the times at which they were built. It should also be noted that the more recent museum building which sits next to the gallery on the same land is also a Sulman medal recipient.

Specifically in response to the above points the following is noted:

· The junction of the new extension with the existing occurs (at the most prominent point) at the south eastern corner of the building abuts an existing concrete element. The contrasting materials between existing and proposed serves as an acceptable means of attachment architecturally.

· With regard to the textured off-form concrete base, plain concrete is considered acceptable, and there are extensive examples where concrete is used as an architectural element on buildings within the precinct such as the extensive use of in-situ concrete used on the Orange Regional Museum.

· The colour palette proposed comprising a dark grey colour is ultra-contemporary, which is considered appropriate for the precinct and will sit appropriately against the existing gallery building. It is noted that similar colours are evident on the Orange Regional Museum.

· A detailed Landscape Plan has been prepared which provides a number of replacement tree plantings consisting of pin oak, four Chinese Pistachio, three Crepe Myrtles and four Chinese Elms. The extensive list of replacement trees will soften and partially screen the proposed extension resulting in the new portion of building integrating appropriately within the setting.

As such the development is considered satisfactory.

Public Domain

The development is unlikely to negatively impact upon the public domain, but rather assist in improving the social and cultural attractions within the City and strengthen the civic identity of this important precinct. It is noted that the proposal includes embellishments of the existing amphitheatre at the rear of the library which is considered a positive outcome for the public domain.

Heritage Impacts

The subject land is not identified as a Heritage Item, nor is it located within a Heritage Conservation Area. The development is, however, within the vicinity of Robertson Park which is identified as a Heritage Item. The proposed development also adjoins the site of the foundations of the former gasometer which now contains a public sculpture and is considered to have historic significance. The proposed siting, design and materials demonstrates that a well-considered approach has been taken to respect the significance of both the gasometer and Heritage Items within vicinity.

Environmental Impacts

The land is a highly disturbed urban open space environment, unlikely to contain any endangered ecological communities, threatened species or their habitats. The development is therefore unlikely to result in any unreasonable environmental impacts.

Landscaping

A Landscape Plan has been submitted in support of the development which provides for extensive landscaping of the site. The proposed landscaping is acceptable within the context of the locality, will improve and enhance the overall space and provide integration with other features of the Civic precinct.

Natural Hazards

The subject land is located within the Blackmans Swamp Creek stormwater channel and is a major waterway within the urban area of the City. As such, the land is identified as being located within a Flood Planning Area pursuant to OLEP 2011 and as such, minimum finished floor levels are required. The proposed floor levels are considered acceptable.

Safety Security and Crime Prevention

The development is unlikely to give rise to any undesirable safety or crime concerns. The development will not result in any significant areas of seclusion where incidences of crime or anti-social behaviour could occur over and above the current situation.

The development allows for casual surveillance from numerous vantage points.

The development will maintain appropriate open pedestrian pathways, provide obvious areas of the site that are publicly accessible and not accessible via access controlled doors.

The development is considered acceptable with regards to safer by design principles.

Socio Economic Impacts

The development has the potential to result in positive socio-economic impacts by strengthening the sense of place and gathering points for people within the Civic precinct as well as providing enhanced social, cultural and educational facilities within the City. The development will generate jobs during both construction and then the ongoing operation of the facility. The development should be viewed as another important step in the social and cultural progression of the City.

Economic Impacts

The development represents an opportunity to present Orange as an attractive place to live and visit by adding to, and enhancing the cultural and social diversity of the City and wider Region, stimulating employment and tourism opportunities and benefiting the economy both directly and indirectly.

Site Design and Internal Design

The site has been designed to allow pedestrian flow without impediment and will not impact upon pedestrian links to the other civic buildings within the precinct.

The design maintains existing loading arrangements for the museum building and provide new loading arrangements for the gallery which are considered acceptable.

Cumulative Impacts

Time Crowded Effects, Space Crowded, Nibbling and Synergistic Effects

Likely time and spaced crowed, nibbling and synergistic effects would be localised to the site and any associated impacts would be within reasonable limits. There may be exceptional circumstances where groups of people may leave an event or open night of an exhibition for instance at the one time, however, these would be infrequent, for short periods of time, most likely outside core business hours when car parking demand is highest and the development is well separated from any sensitive receivers such that any cumulative impacts would be within reasonable limits.

The development is considered to be acceptable in terms of parking and would not create unreasonable cumulative impacts where competition for parking spaces would occur from people using the other civic buildings within precinct. The civic buildings complement each other and visitors may use the Civic Centre/Theatre, Library, Art Gallery and Museum in the one visit, thus spreading the parking demand across other land uses rather than attributing the demand to just one use.

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

The proposed development is permissible in the zone and is entirely consistent with the Plan of Management that applies to the land.

Council staff are not aware of any physical, natural or technological hazards that would constrain the development from occurring in a satisfactory manner.

The site is therefore considered suitable for the proposed development.

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

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

PUBLIC INTEREST s4.15(1)(e)

The proposed development is considered to be of moderate interest to the wider public due to the development relating to a public or civic building. With this in mind, the additions will improve the functionality and operation of the existing gallery and as such the development is considered to be within the public interest. Additionally, 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 meritorious and is thus recommended for approval. 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, D20/47849 ⇩

2 Plans, D20/47610 ⇩

Council Meeting 18 August 2020

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 356/2019(1)

NA20/ Container PR9698

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Orange City Council
Applicant Address:	PO Box 35 ORANGE NSW 2800
Owner’s Name:	Orange City Council
Land to Be Developed:	Lots 8 and 9 DP 820905 - 149 Byng Street, Orange
Proposed Development:	Information and Education Facility (alterations and additions to art gallery) and Signage

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

Determination made under Section 4.16
Made On:	18 August 2020
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	19 August 2020
Consent to Lapse On:	19 August 2025

Terms of Approval

The reasons for the imposition of conditions are:

(1) To ensure a quality urban design for the development which complements the surrounding environment.

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

(4) To provide adequate public health and safety measures.

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

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

Conditions

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

(a) Plans by architect marshal - Project No. 04 - Drawing no. 00 Revision I; Drawing no. 01 Revision I; Drawing no. 02 Revision G; Drawing no. 03 Revision G; Drawing no. 04 Revision G; Drawing no. 05 Revision I; Drawing no. 06 Revision I; Drawing no. 07 Revision I; Drawing no. 08 Revision I; Drawing no. 09 Revision J; Drawing no. 10 Revision J; Drawing no. 11 Revision I; Drawing no. 12 Revision I

Landscape Plan by sala4D – Job No. OCC2001 Drawing No. L-01 Rev. C

(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) A Construction Environmental Management Plan (CEMP) shall be prepared for the construction of the proposed art gallery extension. The CEMP shall amongst other relevant matters, address the presence of contaminated soil as identified in the Preliminary Contamination Investigation prepared by EnviroWest Ref: R11541c Dated 13 February 2020 and provide as a minimum an unexpected finds protocol. The CEMP shall note that no soil is to be removed from the site.

(5) 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.

(6) The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

(7) Prior to the issue of a Construction Certificate, amended plans are to be submitted to the Certifier showing additional sanitary facilities, including an accessible facility, in compliance with the requirements of the National Construction Code, for the combined library and art gallery buildings.

(8) Engineering plans providing complete details of the proposed service vehicle manoeuvring areas are to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and are to be in accordance with Orange City Council Development and Subdivision Code.

(9) All stormwater from the building is to be collected and piped to the existing stormwater system on site. Engineering plans providing complete details of the proposed connection to the existing stormwater system are to be submitted to Orange City Council for approval prior to the issuing of a Construction Certificate.

(10) Prior to the issue of a Construction Certificate the existing sewer main that crosses the site is to be accurately located by Orange City Council Technical Services Department (phone 02 6393 8500 – Water and Sewer Engineer). Where the sewer main is positioned over or adjacent to any proposed building work, measures are to be taken in accordance with Orange City Council Policy - Building over and/or adjacent to sewers ST009. Any works in the vicinity of the sewer main are to be designed and certified by a structural engineer and submitted to Orange City Councils Technical Services Department for approval.

PRIOR TO WORKS COMMENCING

(11) 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.

(12) A temporary onsite toilet is to be provided and must remain throughout the project or until an alternative facility meeting Council’s requirements is available onsite.

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

DURING CONSTRUCTION/SITEWORKS

(14) No soil is to be removed from the site.

(15) If Aboriginal objects, relics, or other historical items or the like are located during development works, all works in the area of the identified object, relic or item shall cease, and the NSW Office of Environment and Heritage (OEH), and representatives from the Orange Local Aboriginal Land Council shall be notified. Where required, further archaeological investigation shall be undertaken. Development works in the area of the find(s) may recommence if and when outlined by the management strategy, developed in consultation with and approved by the OEH.

(16) 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.

(17) A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority.

(18) 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.

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

(20) All driveway and parking areas are to be sealed with bitumen, hot mix or concrete and are to be designed for all expected loading conditions (provided however that the minimum pavement depth for gravel and flush seal roadways is 200mm) and be in accordance with the Orange City Council Development and Subdivision Code.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(21) Landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

(22) 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.

(23) 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.

(24) 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.

(25) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(26) 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

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

(28) The area shown on the approved plans as “Theatre” shall only be used for activities directly related to the art gallery such as but not limited to; exhibition openings, audio visual exhibitions, lectures (or the like) by artists, etc.

Separate approval is required to use the theatre for any other purpose.

(29) 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 ASSESSMENTS
Date:	19 August 2020

Council Meeting 18 August 2020

5.14 Development Application DA 140/2020(1) - 5-17 and 46-60 Edward Street

RECORD NUMBER: 2020/1420

AUTHOR: Ben Hicks, Planner

EXECUTIVE Summary

Application lodged	14/04/2020
Applicant/s	A-Tech Extrusion Systems Pty Ltd
Owner/s	JCI Group Pty Ltd
Land description	Lot 2 DP 544083, Lot 501 DP 1122616 and Lot 11 DP 575694 - 5-17 and 46-60 Edward Street, Orange
Proposed land use	Mixed Use Development: General Industry (aluminium extrusion and powder coating industry) and Warehouse and Distribution Centre
Value of proposed development	$5,000,000

The proposal seeks council’s consent for a mixed used development – general industry (aluminium extrusion and powder coating) and warehousing and distribution within Buildings 1 and 2 on land known as Lot 2 DP 544083 and lot 11 DP 575694 - 5-17 Edward Street, Orange.

The proposed development will utilise Building 2 for aluminium extrusion and powder coating, packaging and dispatch; with Building 1 being used for powder coating packaging and dispatch. The extrusion process will involve the use of an extrusion press, furnace, saws, cooling system, belts and tables, ageing oven, stacker baskets and packing tables. Powder coating will be undertaken using a vertical powder coating system which includes a pre‑treatment tunnel, fast cleaning booth, drying and polymerisation ovens.

It is expected that the aluminium manufacturing process will produce up to 9,000 tonnes of finished product per annum. The applicant advises that the output of the process is a semi‑fabricated and surface finished extrusion product, ready for additional fabrication or transportation to a component or final product manufacturer. Market Sectors include:

· building and construction industry – windows, doors, curtain walls, façade systems, skylights, canopies, louvers etc./

· transportation – automotive structural and chassis components, crash management systems, auto body and trim components;

· electrical and energy – solar energy mounting systems, LED lighting components, conduit; and

· medical and consumer durables – recreation products, home and garden tools, home appliances, medical diagnostic equipment.

The applicant proposes to operate the aluminium processing plant and packaging and dispatch facility 24 hours a day, 7 days a week (except for public holidays) over three shifts:

· Shift 1: 5am to 1pm

· Shift 2: 1pm to 9pm

· Shift 3: 9pm to 5am

The facility will employ an estimated seventeen (17) people per shift for the manufacturing processes. An additional ten (10) staff will be onsite during the daytime shifts comprising office/administration, technical and business management staff.

A section 4.15 assessment has been prepared below and which demonstrates that the proposed development is consistent with Orange Local Environmental Plan 2011, Orange Development Control Plan 2004 and all relevant State Environmental Planning Instruments. The proposal is also supported by an operational noise impact assessment, indoor air quality and validation report and a building fire safety upgrade assessment which addresses the potential impacts of noise, indoor air quality and fire safety and provides suggested mitigation measures.

The assessment of the proposal concludes that the development fits in the locality and there are no significant impacts on the site or on adjacent lands. All construction/fit out and operational aspects can be adequately managed/controlled as per the submitted development application (DA) information, or under recommended conditions of consent.

Figure 1 – Locality and Site Context Map

BACKGROUND INFORMATION

The site was historically used for industrial purposes and was formally owned by Electrolux Home Products Pty Ltd (Electrolux), who acquired the site in 2000 from Email Pty Ltd. Electrolux ceased whitegoods appliance manufacturing operations in 2016. Prior to that, other historical land uses at the site included:

· manufacturing of small arms components by the Commonwealth of Australia during the 1940s as a part of allied support for WW2

· manufacturing of electricity meters, household appliances and whitegoods by EMMCO/Email Limited since 1943

· a railway spur (side-track) and boiler house were previously used close to the western boundary of the West Area.

The site has existing buildings with a known floor area of approximately 63,418m² and includes former manufacturing/factory areas, service and maintenance buildings, storage and warehouse areas, office areas, laboratories, meeting rooms, amenities and kitchen facilities. Onsite parking is available on both the eastern and western sites. Building 1 has a previous use for warehousing and storage with an approximate floor area of 2,997 m². Building 2 has a former use of packaging and dispatch of goods, and an approximate floor area of 8,910 m².

The site soils, soil vapour and groundwater have been found to be contaminated, primarily in the form of chlorinated volatile organic compounds (CVOCs), with the main chemical of concern being the carcinogenic substance trichloroethene (TCE). The site has been declared (Declaration 20171101) as being significantly contaminated by the NSW Environment Protection Authority (EPA) and groundwater contamination matters are being managed through a Voluntary Management Proposal under the supervision of the EPA.

A number of site closure works have already been carried out, including underground tank and infrastructure removal, plant and equipment removal, hazardous material management and removal and other remedial works as part of the contamination management strategy.

DECISION FRAMEWORK

The proposal involves the use of an established industrial site for the purposes of General Industry (aluminium extrusion and powder coating) and a Warehouse and Distribution Centre.

The development is local development for the purposes of the Environmental Planning and Assessment Act 1979 and Orange City Council is the consent authority for the application. The proposed development is not designated development as defined under Schedule 3 of the Environmental Planning and Assessment Regulation 2000. No integrated approvals have been sought under this development application.

The proposal has a capital investment value exceeding $2.5 million ($5m). Accordingly, the application has been tabled to an Ordinary Council Meeting (OCM) for determination, pursuant to Clause 4.10 Delegations of Orange City Council’s Declaration of Planning and Development Assessment Procedures and Protocols (Vers 5, 2019).

Comments have been directly sought from the NSW Environmental Protection Authority (EPA) as the site has been declared as being Significantly Contaminated Land under Section 11 of the Contaminated Land Management Act 1997 (Declaration 20171101). No other government agencies were required to be consulted for the DA.

DIRECTOR’S COMMENT

The proposal seeks Council’s consent for the use of two large sheds on the former Electrolux site for aluminium extrusion, powder coating, warehousing and distribution. The applicant is the owner of the site. The development represents a fantastic reuse of an existing industrial site, providing significant benefits to the Orange economy, particularly with the employment of up to 25 people. Key planning issues relating to the re-use of the site relate to contamination assessment, noise impact, air quality controls, hours of operation and traffic.

Whilst the site has been declared as being significantly contaminated by the NSW Environment Protection Authority (EPA) due to historic manufacturing uses of this site, the aluminium extrusion process does not involve the use of any toxic or noxious substances. Over time, the new owners will indeed remediate the site under the supervision of the EPA, which is also another positive outcome to the redevelopment and reuse of this old industrial site.

It is recommended that Council supports the application.

Link To Delivery/OPerational Plan

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council consents to development application DA140/2020(1) for Mixed Use Development: General Industry (aluminium extrusion and powder coating industry) and Warehouse and Distribution Centre at Lot 11 DP 575694, Lot 2 DP 544083, and Lot 501 DP 1122616 – 5-7, 9-17 and 46-60 Edward Street, Orange pursuant to the conditions of consent in the attached Notice of Determination.

further considerations

SUPPORTING INFORMATION

ENVIRONMENTAL PLANNING ASSESSMENT

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.

In consideration of the Biodiversity Conservation Act 2016, the site is not within land mapped on the Biodiversity Values Map, the proposal does not involve clearing or disturbance of vegetation, is unlikely to significantly affect threatened species as listed in the BC Act 2016, and is not within an Area of Outstanding Biodiversity Value (clause 7.2 of the BC Act 2016). As such, a Biodiversity Development Assessment Report is not required in this instance.

Section 4.15 of the Environmental Planning and Assessment Act 1979

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 subject site has a long history of industrial/manufacturing land use. The proposal intends to make use of existing and vacant industrial buildings within the complex for manufacturing, warehousing and distribution purposes. The application is considered to be entirely consistent with the above aims, as discussed in the main body of this report.

Clause 1.6 - Consent Authority

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

Clause 1.7 - Mapping

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

Land Zoning Map:	IN1 General Industrial
Lot Size Map:	Minimum Lot Size 2,000m²
Heritage Map:	Listed heritage item
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Groundwater vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	Not within or affecting a defined watercourse
Urban Release Area Map:	Not within an urban release area
Obstacle Limitation Surface Map:	No restriction on building siting or construction
Additional Permitted Uses Map:	No additional permitted use applies
Flood Planning Map:	Within a flood planning area

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

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

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

· covenants imposed or required by Council

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

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

· any trust agreement under the Nature Conservation Trust Act 2001

· any property vegetation plan under the Native Vegetation Act 2003

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

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

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

Part 2 - Permitted or Prohibited Development

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

The site of the proposed development is zoned IN1 General Industrial under Orange Local Environmental Plan 2011. The Land Use Table for the IN1 General Industrial zone permits a mixed used development comprising a general industry and warehouse or distribution centre with the prior consent of Council. Orange LEP 2011 defines the described land uses as follows:

mixed use development means a building or place comprising 2 or more different land uses.

general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.

industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, and includes local distribution premises.

Clause 2.3(2) of the Orange LEP 2011 provides that the Council shall have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. The objectives of the IN1 General Industrial zone are:

· To provide a wide range of industrial and warehouse land uses.

· To encourage employment opportunities.

· To minimise any adverse effect of industry on other land uses.

· To support and protect industrial land for industrial uses.

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

It is considered the proposed development is generally consistent and reinforcing of the above objectives on the basis of the following:

· the proposal intends to make use of existing and vacant industrial buildings for manufacturing, warehousing and distribution purposes;

· the reuse of the premises will provide employment opportunities;

· the proposal involves the installation of manufacturing machinery in existing buildings, which will not impact surrounding industrial land; and

· the site is not located in the vicinity of the Southern Link Road.

The following provisions of the OLEP 2011 have been especially considered in the assessment of the proposal:

Clause 5.10 - Heritage Conservation

The subject site is identified as an item of heritage significance under Orange LEP 2011. It is considered that the proposed development will not have an adverse impact on the significance of the adjacent items heritage due to the following:

· the existing buildings will be retained;

· the proposed development and fit-out will be entirely contained within the existing envelope and footprint of Buildings 1 and 2; the development will not alter the bulk, massing or profile of the buildings and how they relate within the streetscape and adjacent/nearby heritage items; and

· the proposed development is considered to be compatible with the established long-term industrial and commercial activities that have characterised the site for many years.

Clause 7.2 - Flood Planning

The proposed development is unlikely to change flooding regimes on or off the site and would be unlikely to cause or contribute to erosion, siltation or reduce riparian vegetation; and is therefore unlikely to create a cost burden on the community or neighbours. Council’s Development Engineers have reviewed the proposal and do not raise any concerns or requirements in relation to flood planning.

Clause 7.3 - Stormwater Management

In consideration of this clause, the proposal will not alter existing arrangement for stormwater drainage. As such, post development runoff levels are unlikely to exceed predevelopment levels.

Clause 7.6 Groundwater Vulnerability

The site has been mapped as being groundwater vulnerable. Past environmental reviews identified that the groundwater beneath the site is contaminated with the chlorinated solvent trichloroethylene (TCE) and its breakdown products. The site has been declared as being significantly contaminated by the NSW Environment Protection Authority (EPA) and groundwater contamination matters are being managed through a Voluntary Management Proposal under the supervision of the EPA. The aluminium extrusion process does not involve the use of any toxic or noxious substances. The powder coating process involves the use low volatile organic compounds which are not considered hazardous. Furthermore, the proposal does not involve extraction of groundwater and thus will not contribute to groundwater depletion. The proposal is therefore unlikely to have any impact on the groundwater or related ecosystems.

Clause 7.11 - Essential Services

The site is connected to Council’s reticulated water and sewerage services. Electrical and telecommunications infrastructure have been provided to the allotment. Stormwater runoff from the site will remain unchanged as a result of the development and Edward Street provides public road access to the site.

STATE ENVIRONMENTAL PLANNING POLICIES

The following State Environmental Planning Instruments (SEPPs) apply to the Orange Local Government Area:

· SEPP 21 - Caravan Parks

· SEPP 33 - Hazardous and Offensive Development

· SEPP 36 - Manufactured Home Estates

· SEPP 50 - Canal Estate Development

· SEPP 55 - Remediation of Land

· SEPP 64 - Advertising and Signage

· SEPP 65 - Design Quality of Residential Flat Development

· SEPP 70 – Affordable Rental Housing (Revised Schemes)

· SEPP (Affordable Rental Housing) 2009

· SEPP (Building Sustainability Index: BASIX) 2004

· SEPP (Concurrences and Consents) 2018

· SEPP (Educational Establishments and Child Care Facilities) 2017

· SEPP (Exempt and Complying Development Codes) 2008

· SEPP (Housing for Seniors or People with a Disability) 2004

· SEPP (Infrastructure) 2007

· SEPP (Koala Habitat Protection) 2019

· SEPP (Mining, Petroleum Production and Extractive Industries) 2007

· SEPP (Primary Production and Rural Development) 2019

· SEPP (State and Regional Development) 2011

· SEPP (Vegetation in Non-Rural Areas) 2017

The following SEPPs are specifically relevant to the assessment of the proposed development.

SEPP 55 - Remediation of Land

Clause 7 of SEPP 55 requires that a consent authority must consider the contamination potential of the land; and if the land is contaminated, it is satisfied that the land is suitable for the development in its contaminated state, or that appropriate arrangements have been made to remediate the site prior to the development being carried out.

The site has been historically used for industrial purposes which included the handling and storage of petroleum fuels, industrial solvents, paints and other chemicals. The proposed development is for the continued use of the site for industrial purposes, specifically manufacturing, warehousing and distribution.

Past environmental investigations identified that the site is contaminated in the form of chlorinated volatile organic compounds (CVOCs), including the carcinogenic substance trichloroethene (TCE), within the groundwater beneath the site, soil and soil vapour. Due to their volatile nature, CVOCs have the tendency to rise through cracks and seams in sub‑floors and enter indoor air; and given the site is zoned for commercial and industrial use, this could pose potential inhalation risks to workers within existing buildings, particularly in ground floor workspaces.

In this regard, an indoor Air Quality Assessment & Validation report prepared by EI Australia was submitted with the DA that assessed the suitability of the site for continued commercial/industrial uses. The report found that Buildings 1, 3, 4, 5 and the warehouse factory space of Building 2 were Type A Locations – areas where indoor CVOC concentrations are not detected or less than half of the reporting/the adopted human health and ecological assessment criteria (Tier 1 Screening Levels), and therefore are deemed to have acceptable indoor air quality suitable for commercial and industrial uses. The ground level room beneath the north-eastern corner of Building 2 was classified as a Type C location – areas where indoor air concentrations are equal to or greater than Tier 1 screening levels, and therefore are deemed to have unacceptable indoor air quality and require the activation of mitigation measures in order to make the room suitable for commercial/industrial uses.

In addition, during the excavations for the footings (pursuant to DA 292/2019) air quality and soil testing was undertaken which found no detectable VOCs.

Overall, the report concluded that buildings 1 to 5 are suitable for commercial and industrial uses, provided that ventilation measures described under Stage 3 of the report are in place to mitigate against the potential presence of residual TCE in indoor air within the ground level room, beneath the north-eastern corner of Building 2.

Council’s Environmental Health officer has reviewed the submitted report and concurs with its findings and recommendations. The EPA was also consulted on the matter and provided recommendations with regard to additional reporting/ongoing management of indoor air quality. The mitigation measures recommended by EI Australia and the additional requirements of the EPA have been incorporated in conditions of consent.

SEPP (Infrastructure) 2007

A rail corridor (Great Western Railway) adjoins the subject land to the west, and thus requires consideration of the matters contained in Clause 84-87 of the Infrastructure SEPP. The proposal is not contrary to any prescribed matters, as follows:

(a) The development does not require the construction of a new level crossing to facilitate the development, nor is it likely to result in an increase of vehicles using existing level crossings (Clause 84).

(b) The proposal is unlikely to have an adverse effect on rail safety; involve placing a metal finish on a structure where the rail corridor is used by electric trains; nor is it expected that the proposal will involve the use of a crane in air space above any rail corridor. Notwithstanding, suitable conditions will be imposed in the event that a crane is required for the installation of equipment to facilitate the development (Clause 85).

(c) Stormwater management of the site will remain unchanged, and thus stormwater is not expected to increase or be redirected (if not already) to the existing rail corridor as a result of the proposal. Security fencing is existing along the western boundary and will be maintained.

(d) The development does not involve excavation in, above, below or adjacent to the rail corridor (Clause 86).

(e) The proposal does not comprise a sensitive land use and will not be impacted by rail noise or vibration (Clause 87).

In this respect it is considered that the development on the site will not have an adverse impact upon the continued operation of the adjacent rail corridor, and concurrence from the rail authority is not required in this instance.

SEPP (State and Regional Development) 2011

The proposal does not meet the criterion for regionally significant development under Part 4 of State Environmental Planning Policy (State and Regional Development) 2011, in that the development does not have a Capital Investment Value (CIV) exceeding $30 million and is not Council related development, Crown development, private infrastructure/ community facilities or an eco-tourist facility over $5 million. Accordingly, this assessment report is to be determined by Council in accordance with State Environmental Planning Policy (State and Regional Development) 2011, the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

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

Draft Amendment 24 to Orange LEP has been placed on public exhibition. The draft plan involves a range of administrative changes including a change to the flood planning controls for the site. Whilst part of the subject land is flood affected the proposed development seeks only the re-use of existing buildings within the complex. Council’s Technical Services have included recommended conditions to address flooding. The proposed development in this regard is not inconsistent with any of the draft planning provisions in that amendment.

DESIGNATED DEVELOPMENT

The applicant advises that the proposed development will include mineral processing or metallurgical works, as defined under the Clause 24 of Schedule 3 of the Environmental Planning and Assessment Regulation 2000. However, the proposal will not trigger designated development provisions outlined within the Schedule relating to this type of development, based on the following:

(a) The proposal is not metallurgical works for the purpose of processing ore concentrates of any quantity.

(b) The process involves aluminium extrusion and powder coating; however, the production scale for the operation is calculated at 9,000 tonnes per annum and is therefore below the threshold.

(d) The site/development is not located within 40m of a natural water body or wetland.

(e) The site is located within an area mapped as a vulnerable aquifer under Orange LEP 2011. The Regulations define an area of high water table as those areas where the groundwater depth is less than 3m below the surface at its highest seasonal level. A geotechnical report prepared by JC Geotechnics, dated 28 August 2019 (Ref: GR1008-1J) and subsequent letter dated 7 August 2020 (Ref:GR1008.3J) for the preparation of the footing design of the aluminium extrusion press confirmed that groundwater was not encountered in the boreholes during or after completion of drilling. JC Geotechnics advise that boreholes were drilled to depths ranging from 7.7m to 8m below existing concrete surface levels. A site inspection undertaken on 10 August 2020 with Council’s Director Development Services confirmed that the existing slab level of Building 2 was set approximately 1.2m above natural ground level; therefore drilling from natural ground level occurred between 6.5m to 6.8m, with no ground water observed during and after drilling. In addition, during the inspections of the footings in 2019 for the extrusion press, Council’s Building Surveyor observed no groundwater.

(f) The site is within 500m of a residential zone; however, given the use of the development (general industry) its location within the site (in the south-western portion of the allotment) and within existing site infrastructure (ie the utilisation of the site’s existing buildings - namely Buildings 1 and 2), in addition to the site’s long historical use for industrial activity since the 1940s, the proximity of the development site to the residential zone is not likely to significantly affect the neighbourhood amenity.

(g) There is no proposal for the production of any substances classified as poisonous in the Australian Dangerous Goods Code on the site. The proposal is for the manufacture of extruded aluminium profiles for a range of industries and powder coating. The powder coating process does not involve the use of any volatile organic compounds nor any toxic materials such as lead, chromium or sulphuric acid. The applicant advises that should any dangerous goods be required to be used in the process, all work will be carried out in strict accordance with the Dangerous Goods Code and WHS regulation. In this regard, the proposal is unlikely to significantly affect the environment with respect to dangerous goods.

In this regard, the proposed development is not Designated Development as defined under Schedule 3 of the Environmental Planning and Assessment Regulation 2000. Accordingly, an Environmental Impact Statement or additional approvals are not required under this application. Conditions of consent will be imposed to ensure that the aluminium extrusion and powder coating process does not trigger designated development without prior consent.

INTEGRATED DEVELOPMENT

Based on the processing capacity of the facility, the proposal would not be declared as a Scheduled Activity under Schedule 1, Clause 26 of the Protection of the Environment Operations Act 1997. Should the proponent wish to increase production of the facility to a level that triggers the need for an EPL, prior consent from Council will be required. Relevant conditions have been included in the consent to this effect.

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

Development Control Plan 2004

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

Chapter 9.3-1 - Industrial Site Development

· Buildings are set back a minimum of 10m from front boundaries (5m to a secondary boundary on a corner lot) for lots greater than 1,000m² or 5m for lots less than 1,000m² or otherwise to a setback consistent with existing setbacks in established areas.

· Buildings cover up to 50% of the site area.

· Landscaping is provided along boundaries fronting roads including trees with an expected mature height at least comparable to the height of buildings on the site. All sites contain an element of landscaping.

· Architectural features are provided to the front building façade to provide relief using such elements as verandahs, display windows, indented walls, etc.

· External materials consist of non-reflective materials.

· Adequate parking and onsite manoeuvring is provided.

· Advertising involves business-identification signs within the front façade and/or by a pole sign comparable to the relative height to the main building on the site.

· Security fencing is located or designed in a manner that does not dominate the visual setting of the area.

The proposal does not seek to change the external appearance, finishes or footprint of the subject buildings, nor the site layout. As such, there is only one Planning Outcome of Chapter 9 relevant to this application, which relates to the provision of adequate car parking and onsite manoeuvring. This is addressed below under the heading “Chapter 15 – Car Parking”.

Chapter 13 - Heritage

· Development relates to the significant features of heritage buildings on or near the site, as reflected in inventory sheets.

· Development conforms with recognised conservation principles.

· Conservation Management Plans are prepared for development having a significant effect on heritage sites.

· The community is provided with sufficient information to be able to consider and comment on the proposed development.

Heritage has been discussed in the LEP 5.10 assessment earlier in this report.

Chapter 15 - Car Parking

The DCP outlines the following car parking requirements for industry and trade services:

Industries and warehouses

1 space per 100m² GFA or 1 space every 2 employees whichever is greater.

Buildings 1 and 2 have a combined floor area of 11,907m²and therefore the proposed development would generate a car parking demand of 119 spaces in accordance with the DCP provisions. The development is expected to employ a maximum of 25 staff during peak day time shift, resulting in the need for 12.5 spaces for the employees. However, taking the greater of the two rates in accordance with the DCP, 119 spaces are required to be provided. A car park containing 395 spaces was provided for the entire complex under DA 413/2006(1) on the land immediately east of the subject property (Lot 501 DP 1122616), and therefore it is considered the existing parking provisions are more than sufficient to accommodate the proposed development.

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

Division 8 of Part 6 of the Environmental Planning and Assessment Regulation 2000 specifies additional matters that must be taken into consideration by a consent authority in determining a development application. Consideration of these matters is included below:

Demolition of a Building (Clause 92)

No demolition works are proposed as part of this application.

Fire Safety Considerations (Clause 93)

A Fire Safety Upgrade Report was prepared by ProCert Pty Ltd as part of the DA submission recommending that Buildings 1 and 2 be brought into partial conformity with the Building Code of Australia. The report found that the fire safety measures contained within the existing buildings were inadequate in the event of fire to protect persons using the buildings and to facilitate their egress. Attached to the Notice of Determination is a condition of consent requiring fire safety upgrade works to be undertaken.

Buildings to be Upgraded (Clause 94)

Upgrading of the buildings will be required to ensure the existing building is brought into partial conformity with the Building Code of Australia with respect to fire safety. In regard to disabled access and facilities, there are no changes proposed to the building structure, sanitary facilities within the building or access ways into the building. As there are no works occurring to the building or its sanitary facilities, it is reasonable to not require the accessibility to be upgraded.

BASIX Commitments (Clause 97A)

BASIX is not applicable to the proposed development.

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

Context and Setting

The subject land contains existing vacant industrial buildings and an associated car park. The site is located southeast of the Orange CBD, adjacent to a range of industrial and commercial land uses including vehicles sales/repair premises, fabrication/manufacturing businesses, warehousing and rural supplies premises. A Rail Corridor (Great Western Railway) is located directly west of the subject site. The nearest residential receptors are located along Churchill Avenue to the north of the subject site, Gona Street to the east and Forest Road to the west.

The proposal is considered to be compatible with the established long-term industrial and commercial activities that have characterised the site and surrounding lands for many years, and will utilise the existing buildings on the land. Thus, it is not expected that the proposed development will have a significant impact on the existing context and setting of the area.

Land Use Conflict

The potential for land-use conflict is low, given the established nature of industrial/commercial land-use activities in the immediate vicinity of the subject site. Residential receptors border the industrial area along Churchill Avenue to the north of the subject site, Gona Street to the east and Forest Road to the west.

The interface between the residential areas and the proposed development is somewhat diminished by the physical separation and by the intervening development pattern. The residential properties in Churchill Avenue are well removed from the from Buildings 1 and 2, being located approximately 258m from Building 1 and 375m from Building 2. Residential properties in Elsham Avenue are situated approximately 350m from Building 2 and receptors in Gona Street are set back approximately 315m from Building 1 and 327m from Building 2. The residential receptors in Forest Road (west of the rail corridor) would be closest to the site and buildings at 160-180m.

The applicant has provided a detailed SoEE and other studies assessing heritage, traffic, noise and vibration impacts, and contamination. These reports show that the proposed manufacturing facility and warehouse and distribution centre can be operated on the site without causing significant impacts on nearby land uses. Conditions concerning noise, odour and air quality, delivery times and lighting will also be imposed to ensure there are no adverse impacts on sensitive receivers in the locality.

Access and Traffic

The subject site is an existing industrial allotment, and whilst it has been vacant for some years now, the site has a certain level of traffic already attributed to it due to its past use by Electrolux, which conducted a large scale whitegoods appliance manufacturing operation at the site from 2000 up until 2016.

The increase in traffic movements along Edward Street and connecting streets with respect to the current proposal is considered modest and within the capacity of Council’s road network, without causing significant impact in terms of the ability for vehicles to enter, exit and use the site without disruption to traffic flow within the adjoining road network.

A traffic, transport and access assessment was prepared by Planning Potential to support the proposed development. This assessment shows that when the facility is running at full capacity (24 hours a day, 7 days per week) the average daily vehicle movements to and from the site will equate to 4.4 movements, with 31 weekly movements or 1,620 per year (refer to Figure 2).

Figure 2 - Vehicle Movements

Carriageway widths, trafficable lanes, and intersection controls appear satisfactory to carry traffic associated with this precinct.

The site is of a sufficient size to will accommodate the forward ingress, egress and manoeuvring of a semi-trailer. Council’s Technical Services Division advises that the existing heavy access from Edward Street is suitable for the proposed development and no upgrades are necessary. Adequate onsite car parking is available on the adjoining allotment (46‑60 Edward Street) in accordance with the DCP parking requirements.

Heritage

As noted in the LEP assessment earlier in this report, the proposed development is unlikely to impact on the heritage significance of the site. The applicant intends to continue to use the site for production and industry, as it has historically been used for.

Surface Water and Ground Water

As discussed throughout this report, the environmental risk on the groundwater aquifer is low considering the nature of the proposed development and existing site conditions.

Air and Microclimate

The powder coating process has the potential to impact on air and microclimate within the immediate locality if not controlled in an appropriate manner. In this regard, conditions of consent will ensure that business operations do not adversely affect the amenity of the area by means of offensive odour and air quality as defined under the Protection of the Environment Operations Act 1997.

Noise and Vibration

Wilkinson Murray Pty Ltd was commissioned to prepare an operational noise impact assessment for the development, given the proposed hours of operation (24/7) and nature of activities (extrusion and powder coating) to be carried out on the land. The report identified 13 sensitive receivers located in residential areas bordering the industrial lands. Noise assessment predicted exceedances at R1, R6, R11, R12 and R13 ranging from 1dB to 8dB.

To mitigate operational noise impacts, the Wilkinson Murray noise assessment recommends noise mitigation through one or more of the following measures:

· adding absorption to internal surfaces to control reverberation;

· selecting plant and machinery with lower sound power levels; and

· placing noisy plant and machinery in purpose-built enclosures.

Attached to the Notice of Determination are conditions of consent which address issues in relation to the management of any noise impacts. Subject to compliance with these measures, it is not expected that noise impacts resulting from this development would have a significant impact on the locality. Notwithstanding, a condition is recommended that requires the applicant to prepare a noise commissioning report within 3 months of operation to confirm compliance with the Noise Policy for industry.

Wilkinson Murray Pty Ltd also confirmed that vibration impacts associated with the proposal were unlikely and a detailed assessment of vibration impacts was not considered necessary.

Waste Management

The applicant advises that the aluminium extrusion and powder coating process will produce little waste products. The use of the dry powder does not require a solvent and is VOC free, producing little if any waste. The residue powder from this process is not hazardous; it can be collected and re-used, minimising the percentage of waste. Other wastes generated by the development are expected to mostly comprise typical office wastes and packing. Such wastes will be stored in bins for recycling or for disposal via Council’s normal service. No adverse impacts assessed.

Technological Hazards

As noted in the LEP and SEPP 55 assessment sections of this report, the site is known to be significantly contaminated, and measures have been put in place by the NSW Environmental Protection Agency in the form of a Voluntary Management Proposal to ensure that the contamination at the site is managed appropriately by the landowner. Notwithstanding and given the level of contamination, specialist indoor air quality assessments were conducted and comments directly sought from the EPA. The site is considered suitable for its use and adverse health impacts are unlikely, subject to the development being carried out in strict accordance with the EPA and recommendations/requirements.

Economic and Social Impact in the Locality

The proposed development will have a positive impact on the local economy throughout the operation of the proposed manufacturing facility through employment opportunities and the supply of high-quality aluminium products to the region. It is anticipated that the development will generate 17 additional worker positions. The proposed development will facilitate and support the building and construction industry, electrical and energy sector, medical and transportation industries, and will therefore support the development of the local and regional economy while contributing to the role of Orange as a regional business centre.

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

The subject site is suitable for the proposed development due to the following:

· the existing industrial buildings will be retained, which is appropriate for the zone and the heritage listing;

· the use of the buildings on the site will not adversely impact on neighbouring buildings or the heritage setting;

· contamination can be appropriately managed through conditions of consent and Management Plans; and

· utility services are available to the site.

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

The proposed development was not required to be advertised or notified to adjoining landowners in accordance with the Orange Community Participation Plan (CPP) 2019. Notwithstanding and in accordance with normal Council procedures, the application was listed in the weekly advertisement in the Central Western Daily and on Council’s website as being a lodged 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 and guidelines that have been considered in this assessment.

INTERNAL REFERRAL COMMENTS

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

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.

Attachments

1 Notice of Approval, D20/48235 ⇩

2 Plans, D20/48189 ⇩

Council Meeting 18 August 2020

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 140/2020(1)

NA20/ Container PR3565

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	A-Tech Extrusion Systems Pty Ltd
Applicant Address:	C/- Planning Potential PO Box 2512 ORANGE NSW 2800
Owner’s Name:	JCI Group Pty Ltd
Land to Be Developed:	Lot 11 DP 575694, Lot 2 DP 544083 and Lot 501 DP 1122616 – 5-7, 9-17 and 46-60 Edward Street, Orange
Proposed Development:	Mixed Use Development: General Industry (aluminium extrusion and powder coating industry) and Warehouse or Distribution Centre

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

Determination made under Section 4.16
Made On:	18 August 2020
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	19 August 2020
Consent to Lapse On:	19 August 2025

Terms of Approval

The reasons for the imposition of conditions are:

(1) To ensure a quality urban design for the development which complements the surrounding environment.

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

(4) To provide adequate public health and safety measures.

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

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

Conditions

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

(a) Plans prepared by designs@m, numbered 1-5, Referenced 19-003 and dated March 2020 (5 sheets)

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

as amended in accordance with any conditions of this consent.

(2) This consent relates only to the use of Buildings 1 and 2, as shown on the approved stamped plans. The use of other buildings on the site is subject to the prior consent of Council.

PRESCRIBED CONDITIONS

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

(4) 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

(5) The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

(6) Prior to the issue of a Construction Certificate the plans and specifications are to be modified to reflect the recommendations of the Fire Safety Audit/Upgrade Report issued by ProCert Group Pty Ltd Report No. 486/2019 CO (Rev. 2.0) dated 14 October 2019.

(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) Should any crane be required during the installation of the extrusion and powder coating machinery, the applicant is required to consult with the relevant rail authority and comply with their requirements.

(9) 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

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

(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 construction materials shall be flood compatible to a minimum level equivalent to a 1% AEP flood level plus 500 mm and all electrical connections shall be located above the 1% AEP flood level plus 500 mm. All electrical circuit connections shall be automatically isolated in the event of flood waters having the potential to gain access to exposed electrical circuits, either internal or external of the building.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(14) A Restriction-as-to-User under Section 88B of the NSW Conveyancing Act 1919 shall be registered on land known as Lot 501 DP1122616, 46-60 Edward Street, reserving a minimum of 119 car parking spaces relating to the use of Buildings 1 and 2 on land known as Lot 11 DP 575694 and Lot 2 DP 544083 - 5-7 and 9-17, Edward Street, Orange. (This condition does not restrict the issue of Part Occupation Certificates on Buildings 1 & 2).

(15) No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.

(16) 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.

(17) Prior to the issue of an Occupation Certificate, the applicant is to have completed all items referring to Fire Safety recommended in the ProCert Group Pty Ltd Fire Safety Audit/Upgrade Report No. 486/2019 CO (Rev. 2.0) dated 14 October 2019.

(18) The applicant shall submit to Council for approval an Odour Management Plan in relation to the ongoing operation of the proposed powder coating equipment.

(19) The applicant shall prepare and submit to Orange City Council for approval an Indoor Air Quality Management Plan for the occupation of Buildings 1 and 2. The Management Plan shall be prepared by an Environmental Consultant certified under a scheme recognised by the NSW Environmental Protection Authority (EPA).

The Indoor Air Quality Management Plan shall be prepared in accordance with the reporting requirements for Environmental Management Plans described in the EPA’s Consultants Reporting on Contaminated Land: Contaminated Land Guidelines (EPA, 2020). The plan should clearly describe mitigation measures required to ensure indoor air quality in Buildings 1 and 2 is suitable for the proposed use of the buildings, as well as a monitoring program to confirm the findings of the initial assessment and ensure mitigation measures continue to be effective.

(20) 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

(21) The aluminium extrusion and powder coating industry is not to smelt, process, coat, reprocess or recover more than 9,000 tonnes of ferrous or non-ferrous metals, alloys or ore concentrates per year. Accurate processing records are to be maintained and provided to Orange City Council annually from the date of operation.

(22) All vehicles must enter and exit the site in a forward direction. No reversing of vehicles onto the public roadway system. All vehicles must be parked legally, and no vehicles are permitted to be parked over the public footpath.

All loading and unloading of delivery vehicles, is to take place off-street and must not inhibit the free flow of vehicles accessing the site or other premises in the area. Loading facilities, internal docks or goods handling areas are to be maintained free of obstruction for the sole use of delivery vehicles.

(23) Any external lights shall be operated/maintained in accordance with the Australian Standard AS4282 - Control of the Obtrusive Effects of Outdoor Lighting so as not to cause a nuisance or adverse impact on the surrounding private land or to motorists on nearby roads.

(24) Adequate facilities shall be provided in a screened location within the premises for the separate storage of recyclable, non-recyclable and special waste material. Arrangements shall be made for the regular removal and disposal of those waste materials. The garbage and bin storage area shall be

(25) 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.

(26) Truck movements to and from the site are to be limited to daytime hours only (7.00 am to 6.00 pm)

(27) The proposed development shall be carried out in accordance with the recommendations of the Operational Noise Impact Assessment prepared by Wilkinson Murray. The activities in the southern section of Building 2 (proposed extrusion area) are to be kept to a minimum during the evening and night time periods (6.00pm to 7.00am) as set out in the Operational Noise Impact Assessment prepared by Wilkinson Murray (Report No 19154 – version A)

(28) The Noise Trigger Level goal of 52 dBA is not to be exceeded at any of the nearby receivers identified in the Operational Noise Impact Assessment prepared by Wilkinson Murray (Report No 19154 – version A)

(29) Internal noise levels within Buildings 1 and 2 are not to exceed the following limits:

Building 1 – proposed powder coating area	70 dBA
Building 2 – northern section – proposed packaging area	75 dBA
Building 2 – mid section - proposed powder coating area	70 dBA
Building 2 – southern section – proposed extrusion area	65 dBA

(30) The applicant shall obtain a Commissioning Report within 3 months of the issue of an Occupation Certificate from an appropriately qualified and experienced acoustic consultant which assesses actual noise emissions from all operations of the development and confirms the developments compliance with the NSW Noise Policy for Industry having regard to the current background noise levels measured at the latest when the commissioning report is being undertaken in accordance with the Noise Policy for Industry. Where the report requires additional noise attenuation works to be carried out, these works shall be undertaken within 28 days from the date of the Commissioning Report.

(31) The Indoor Air Quality Management Plan shall be subject to an Audit by a Site Auditor accredited by the EPA under Part 4 of the Contaminated Land Management Act 1997. The purpose of the Audit is to determine the appropriateness of the Indoor Air Quality Management Plan (Type B2 Audit), with the Site Auditor to provide a Site Audit Statement and Site Audit Report to Orange City Council annually.

ADVISORY NOTES

(1) Under the Contaminated Land Management Act 1997, the NSW Environmental Protection Authority (EPA) is the Regulatory Authority in relation to management of contamination for this site.

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

*Disability Discrimination* Act 1992:	This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

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

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS
Date:	19 August 2020

[1] Entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.

COMMITTEE	CHAIRPERSON	COUNCILLOR MEMBERS	COUNCILLOR REQUIREMENT	COUNCILLOR REQUIREMENT FOR QUORUM	COUNCILLOR REQUIREMENT
Spring Hill Community Committee	Cr Mileto	Cr Munro, Cr McRae	2 Councillors 1 of whom is the Chairperson	1 Councillor	1 Councillor required OR Charter amended to 1
Tidy Towns Community Committee	Cr Duffy	Cr Munro, Cr McRae	2 Councillors 1 of whom is the Chairperson	1 Councillor	1 Councillor required OR Charter amended to 1
Environmental Sustainability Community Committee	Cr Nugent	Cr McRae, Cr Previtera	4 Councillors 1 of whom is the Chairperson	1 Councillor	2 Councillors required OR Charter amended to 2
Airport Community Committee	Cr Romano	Cr Mileto, Cr Munro, Cr McRae	4 Councillors 1 of whom is the Chairperson	1 Councillor	1 Councillor required OR Charter amended to 3
Clifton Grove Community Committee	Cr McRae	Cr Previtera	2 Councillors 1 of whom is the Chairperson	1 Councillor	1 Councillor required OR Charter amended to 1
Economic Development Community Committee	Cr Mileto	Cr Kidd, Cr Whitton, Cr Previtera	3 Councillors 1 of whom is the Chairperson	1 Councillor	1 Councillor required OR Charter amended to 2
Lucknow Community Committee	Cr Mileto	Cr Previtera	2 Councillors 1 of whom is the Chairperson	1 Councillor	1 Councillor required OR Charter amended to 1
Parks, Trees & Waterways Community Committee	Cr Kidd	Cr Nugent, Cr Previtera	2 Councillors 1 of whom is the Chairperson	1 Councillor	1 Councillor required OR Charter amended to 1

Reference	Update
General	· Minor Formatting and typographical updates only.

Required information	Current period
Total number of Code of Conduct complaints made about Councillors and the Chief Executive Officer under the Code of Conduct since 1 April 2020	Nil
Number of Code of Conduct complaints referred to a Conduct Reviewer	Nil
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints	Nil
Number of Code of Conduct complaints investigated by a Conduct Reviewer	Nil
Number of Code of Conduct complaints investigated by a Conduct Review Committee	Nil
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures	Nil
Number of matters reviewed by the Office of Local Government, and without identifying particular matters, the outcome of the reviews	Nil
The total cost of dealing with Code of Conduct complaints made about Councillors and the Chief Executive Officer in the year from 1 April to 30 June 2020, including staff costs.	Nil

Category	Description
Incubator Event Fund	Provides seed funding to events in their first or second year of activity. Funding range is $1,000 to $5,000.
Flagship Event Fund	Identifies and assists the development of events that contribute to the unique character and culture of the Orange360 tourism region and can demonstrate that they attract overnight visitation. Funding range is $1,000 to $10,000.
Event Development Fund	Supports events that have already received funding from Council in previous years and can present a comprehensive strategy for future growth that includes the continued development of its tourism potential to drive overnight visitation to the event. Funding range is $1,000 to $10,000.
Quick Response Event Fund	Provides seed funding and/or support to events that occur as new and unplanned opportunity for Orange and have not met the funding rounds as outlined below. Funding range is $1,000 to $20,000.

Application Number ESP20/05	Orange Region Vignerons Association
Not for profit (yes/no)	Yes
Event name	Orange Wine Festival
Event date/s	2 to 31 October 2020
Level of participation	10,000 participants/attendees
Ticketed event	Some events will require tickets
Amount requested	$20,000
Category and Category range	Event Development Fund - $1,000 to $10,000
Aligned with Community Strategic Plan	Yes
Comment and recommendation The Wine Festival (originally called Wine Week) has been held in October annually since 2005. Each year the event is hampered by a shortage of available accommodation due to timing associated with the long week-end, Bathurst 1000 and ANFD. This year the Festival is being extended with the intention of encompassing the long weekend, filling the void from spectators at the Bathurst 1000 and the ANFD cancellation. In the past the Wine Week event has struggled to accommodate all the people wishing to attend. By extending the festival to one month it allows more people to attend than ever before, even without large events, in turn leading to more people undertaking return visitation. This will be an incredibly important timed event where Orange will be in the spotlight leading up to the event from travel shows and blogs. People in NSW who would normally travel overseas for holidays will be looking elsewhere in the state for holidays. This event provides the vehicle to capture mature age travellers with a high disposable income.

Reserve Number	Name	Particulars
1014188	Black Sallee Reserve we say Brandy Corner	Canobolas Rural Fire Zone head quarters
1030988	No name	Orange Cemetery
190086	Civic Square Reserve	Urban Services
190087	Civic Square Reserve	Urban Services
90724	Civic Square Reserve	Urban Services
91403	Civic Square Reserve	Urban Services