Ordinary Council Meeting
Agenda
18 August 2020
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that an Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, ORANGE WITH AN OPTION OF ONLINE CONFERENCING PLATFORM ZOOM DUE TO COVID-19 REQUIREMENTS on Tuesday, 18 August 2020 commencing at 7.00pm.
David Waddell
Chief Executive Officer
For apologies please contact Administration on 6393 8218.
Council Meeting 18 August 2020
EVACUATION PROCEDURE
In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.
Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.
In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
1.4 Acknowledgement of Country
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM
COUNCIL MEETING RESUMES
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 11 August 2020
4 Notices of Motion/Notices of Rescission
5.1 Recommendations and Resolutions from Policy Committees
5.2 Statement of Investments - July 2020
5.4 Community Committee - Councillor Membership and Charters
5.6 Code of Conduct Complaint Reporting
5.7 Project Activities August 2020
5.8 Minutes of the Audit and Risk Management Committee meeting of 29 May 2020
5.9 Initial Categorisation of Council Managed Crown Land
5.10 Request for Financial Assistance - Orange Wine Festival
5.11 Extension of Tenure of Independent Members of the Audit Risk and Improvement Committee
5.12 Classification of Council Managed Crown Land as Operational Land
5.13 Development Application DA 356/2019(1) - 149 Byng Street
5.14 Development Application DA 140/2020(1) - 5-17 and 46-60 Edward Street
5.15 Federal Local Roads and Community Infrastructure Program and Resources for Regions Projects
6 Closed Meeting - See Closed Agenda
6.1 Sale 24 Astill Drive Orange
6.2 Tender for Construction of Orange Regional Gallery Extension
6.3 Tenders Stage 2 - Internal Fitout of the Animal Shelter
7 Resolutions from closed meeting
1 Introduction
1.1 Apologies and Leave of Absence
1.2 LIVESTREAMING AND RECORDING
This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.
1.4 Acknowledgement of Country
1.5 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.
|
3 Confirmation of Minutes of Previous Meeting
RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 11 August 2020 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 11 August 2020. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 11 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
The Mayor advised that the meeting was being livestreamed and recorded.
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.
3 Confirmation of Minutes of Previous Meeting
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
TRIM Reference: 2020/929 |
5 General Reports
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.
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.
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
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.
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.
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
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.
TRIM REFERENCE: 2020/1456
AUTHOR: Nick Redmond, Acting Director Corporate and Commercial Services
EXECUTIVE SUMMARY
Council’s Policy Committees (Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee) have delegation to determine matters before those Committees, with the exception of items that impact on Council’s Delivery Operational Plan.
This report provides minutes of the Policy Committees held since the last meeting. Resolutions made by the Committees are for noting, and Recommendations are presented for adoption or amendment by Council.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.
Financial Implications
Nil
Policy and Governance Implications
Nil
1 That the resolutions made by the Planning and Development Committee at its meeting held on 11 August 2020 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 11 August 2020 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 11 August 2020 be noted. 4 That the resolutions made by the Finance Policy Committee at its meeting held on 11 August 2020 be noted. 5 That the resolutions made by the Services Policy Committee at its meeting held on 11 August 2020 be noted. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Planning and Development Committee
At the Planning and Development Committee meeting held on 11 August 2020, all resolutions were made under delegation, and the minutes are presented for noting.
Employment and Economic Development Committee
At the Employment and Economic Development Committee meeting held on 11 August 2020, all resolutions were made under delegation, and the minutes are presented for noting.
Infrastructure Policy Committee
At the Infrastructure Policy Committee meeting held on 11 August 2020, all resolutions were made under delegation, and the minutes are presented for noting.
Finance Policy Committee
At the Finance Policy Committee meeting held on 11 August 2020, all resolutions were made under delegation, and the minutes are presented for noting.
Services Policy Committee
At the Services Policy Committee meeting held on 11 August 2020, all resolutions were made under delegation, and the minutes are presented for noting.
1 PDC 11 August 2020 Minutes, 2020/1359⇩
2 EEDPC 11 August 2020 Minutes, 2020/1360⇩
3 IPC 11 August 2020 Minutes, 2020/1364⇩
4 FPC 11 August 2020 Minutes, 2020/1365⇩
5 SPC 11 August 2020 Minutes, 2020/1366⇩
Attachment 1 PDC 11 August 2020 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Planning and Development Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom
ON 11 August 2020
COMMENCING AT 7.10pm
Attendance
Cr R Turner (Chairperson), 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 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.
APOLOGIES AND LEAVE OF ABSENCE
Nil
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 General Reports
2.1 Item Approved Under the Delegated Authority of Council TRIM Reference: 2020/1287 |
RESOLVED - 20/225 Cr J Whitton/Cr S Munro That Council resolves to acknowledge the information provided in the report by the Manager Development Assessments on Items Approved Under the Delegated Authority of Council. |
For: 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: Nil
2.2 Development Application DA 155/2020(1) - 7 William Maker Drive TRIM Reference: 2020/1208 |
Cr Nugent asked if sediment control provisions are adequate for the site. The Director of Development Services advised that Staff and the Environmental Health and Building Officers have been actively enforcing sediment control for the past 18 months. |
RESOLVED - 20/226 Cr K Duffy/Cr J Whitton That Council consents to development application DA155/2020(1) for Subdivision (13 lot residential and drainage reserve), Demolition (outbuilding and tree removal), Earthworks and Category 1 Remediation Works at Lot 1 DP 366693, 7 William Maker Drive, Orange pursuant to the conditions of consent in the attached Notice of Determination. |
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: Nil
2.3 Electronic lodgement of planning applications on the NSW Planning Portal TRIM Reference: 2020/1209 |
Cr Duffy asked if the new system will make Development Application determinations quicker. The Director Development Services advised that digital plans will assist in the process and that other Councils who have implemented the process have found some reduction in the average assessment time. |
RESOLVED - 20/227 Cr S Nugent/Cr S Munro That the information contained in the report by the Manager Development Assessments on ePlanning – Electronic lodgement of planning applications on the NSW Planning Portal be acknowledged. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
2.4 Development Application DA 41/2020(1) - 72 Hill Street TRIM Reference: 2020/1245 |
Recommendation Cr K Duffy/Cr S Nugent That Council confirms the previous decision made in relation to DA 41/2020(1) for Hotel or Motel Accommodation (conversion of manager’s residence to guest room) at Lot 100 DP 1103216 - 72 Hill Street, Orange, as per the previously issued Notice of Determination (attached). |
AMENDMENT Cr K Duffy/Cr J Hamling That Council determines DA 41/2020(1) for Hotel or Motel Accommodation (conversion of manager’s residence to guest room) at Lot 100 DP 1103216 - 72 Hill Street, Orange, as per the previously issued Notice of Determination (attached) minus Condition 4. |
ON BEING PUT THE AMENDEMENT WAS PASSED AND BECAME THE MOTION 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: Nil |
RESOLVED - 20/228 Cr K Duffy/Cr J Hamling That Council determines DA 41/2020(1) for Hotel or Motel Accommodation (conversion of manager’s residence to guest room) at Lot 100 DP 1103216 - 72 Hill Street, Orange, as per the previously issued Notice of Determination (attached) minus Condition 4 requiring parking contributions. |
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: Nil
2.5 Development Application DA 210/2020(1) - 80 Summer Street TRIM Reference: 2020/1266 |
Cr Duffy applauded the win/win situation of this application for the developers, staff and councillors. |
RESOLVED - 20/229 Cr S Nugent/Cr K Duffy That Council consents to development application DA 210/2020(1) for Recreation Facility (indoor) (change of use) at Lot 2 DP 1181850 - 80 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval. |
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: Nil
The Meeting Closed at 7.27PM
Attachment 2 EEDPC 11 August 2020 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Employment and Economic Development Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom
ON 11 August 2020
COMMENCING AT 7.28pm
1 Introduction
Attendance
Cr T Mileto (Chairperson), Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae (Zoom), 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.
APOLOGIES AND LEAVE OF ABSENCE
Nil
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 Committee Minutes
2.1 Minutes of the Economic Development Community Committee held 15 July 2020 TRIM Reference: 2020/1236 |
RESOLVED - 20/230 Cr R Kidd/Cr S Romano 1 That Council acknowledge the reports presented to the Economic Development Community Committee at its meeting held on 15 July 2020. 2 That the minutes of the Economic Development Community Committee be adopted. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
3 General Reports
3.1 Updated Spendmapp Data for the COVID-19 Restricted Period TRIM Reference: 2020/1262 |
RESOLVED - 20/231 Cr R Kidd/Cr S Nugent That Councillors acknowledge the report on the Updated Spendmapp Data for the COVID-19 Restricted Period.
|
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: Nil
Cr Kidd thanked staff for the report on Spendmapp Data and noted this is the way we keep track of how things are going in the retail sector.
The Meeting Closed at 7.30PM
Attachment 3 IPC 11 August 2020 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Infrastructure Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom
ON 11 August 2020
COMMENCING AT 7.30pm
1 Introduction
Attendance
Cr J Whitton (Chairperson), Cr R Kidd (Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae (Zoom), Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano (Deputy Mayor), Cr G Taylor, Cr R Turner
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.
APOLOGIES AND LEAVE OF ABSENCE
Nil
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Cr McRae
declared a Significant Pecuniary Interest in item 2.1 as she is a business
owner in the area noted in point 3.4 of this item.
2 Committee Minutes
2.1 Minutes of the City of Orange Traffic Committee Meeting - 14 July 2020 TRIM Reference: 2020/1205 |
Cr McRae declared a Significant Pecuniary Interest in this item as she is a business owner in the area noted in point 3.4, left the meeting with the time being 7.31pm and did not participate in discussion or voting on this item. |
RESOLVED - 20/232 Cr S Romano/Cr R Turner That Council resolves: 1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 14 July 2020. 2 Recommendations 3.1, 3.2, 3.4 and 3.5 from the minutes of the City of Orange Traffic Committee meeting of 14 July 2020 being: 3.1 That the 2020 Altitude event be approved subject to the attached conditions of consent; 3.2 That Council erects the new bus zone signs; 3.4 That Council implement the DPI on street parking strategy as attached to this report with the addition of a bus stop in Anson Street near DPI and with the addition of signage within bus zones allowing taxis to stop for 1 minute; 3.5 That Council installs BB centre lines along Lister Drive. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr McRae
**Cr McRae returned to the meeting with the time being 7.35pm**
3 General Reports
3.1 Current Works TRIM Reference: 2020/1250 |
RESOLVED - 20/233 Cr J Hamling/Cr S Munro That Council resolves to note the report on Current Works. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
Cr Kidd advised that there has been recent media coverage of water spilling over the lake Canobolas wall and that this water does not go into Orange’s catchment as it is part of Cabonne. Cr Kidd advised he will be participating in a story with ABC to explain where Orange’s water storage is.
Cr Taylor asked if there was a plan for long term additional storage.
The Director Technical Services stated that we do have a Plan the Integrated Water Cycle Management plan or IWCM which is up for renewal and community consultation will take place, once the State releases their new modelling. Council will be updated with information on the secure yield and demand as well as assessing solutions.
Cr Hamling asked if the projected housing increase was taken into account when the plan was done.
The Director Technical Services stated yes it looks at projected growth, and historically Orange has experienced a steady growth of around 250 to 300 housing lots per year.
Cr Kidd stated that dams are currently being reviewed in particular Wyangala, and the movements in pipelines, and asked if this was part of the IWCM.
The Director Technical Services stated no it was not part of the IWCM but part of separate reports which we contributed to by the Central JO and DPIE Water on Regional Water Security.
Cr McRae stated there was a motion resolved in February regarding municipal waste water and asked where that was up to.
The Director Technical Services advised the recycling of municipal waste water will be looked at in detail in the new IWCM.
Cr Kidd stated he has advised the Minister that Orange would like to pilot a micro effluent re-use facility.
Cr Turner asked where the Blackmans Swamp storm water harvesting scheme was up to.
The Director Technical Services advised stage 2 is currently being developed with a number of steps including compulsory land acquisition, design, community consultation, review of environmental factors and approvals with a view to completion of preliminary items by December 2020 and construction works in 2021.
MATTER ARISING Cr Turner requested a report be provided to Council on the figures for Stormwater Harvesting from subdivisions. |
Cr Nugent asked if there was any plan to install footpaths on Dalton Street in the vicinity of Dudley Private Hospital after he was approached by a member of the community with concerns about pedestrian access in the area.
The Director Technical Services stated that this can be considered.
The Chief Executive Officer stated that Council will receive a full list of projects.
Cr Duffy thanked staff for the prompt attention given to potholes on Ophir Road.
Cr Hamling stated at the last Council Meeting the issue of Ploughmans Lane funding was raised and asked if Council has the money.
The Director Technical Services stated yes it has been committed, however we do not yet have the funding deed.
Cr Whitton congratulated the Director Technical Services, the Chief Executive Officer and Staff on the work started and completed during the COVID period and congratulated the staff and Councillors for keeping the city viable with projects during this time.
Cr Hamling asked where the Mt Canobolas Mountain Bike track was up to after he was told by the State Member it was in Council’s hands.
The Chief Executive Officer advised that the track requires approval which is the first step.
Cr Kidd asked does this have to be done with Cabonne Council.
The Chief Executive Officer advised it will be collaboration with the land owners, state and Cabonne Council.
Cr Romano requested if the matter of a chair lift was raised with the Minister.
Cr Kidd stated that once the Environmental Impact Study (EIS) is complete this can occur.
Cr Hamling asked where the Cricket Centre and Sporting Precinct where up to.
The Director Community, Recreation & Cultural Services stated that the cricket centre was in front of schedule for completion at the end of September. He can organise a walk through with Councillors with it aiming to be operational by the end of October 2020.
The Director Community, Recreation & Cultural Services stated that the Sporting Precinct has 4 real components, funding from the state, timing of less than 2 years to complete the project under the agreement, finalising the end of lease arrangements for the ex-services club, preparing and submitting the DA to Council with its own separate areas of clearing the site, civil works, athletics track and main sporting areas. Council has entered into an arrangement with the public works advisory. Supporting information is currently being prepared for the development application with the first DA to come before council in the next couple of months.
Cr Munro asked if Councillors could be shown through the proposed sporting precinct site.
The Director Community, Recreation & Cultural Services advised that he would be happy to show Councillors through at any time.
Cr Kidd stated that the radiata pines on the site were planted by the golf club to define the fairways and are not part of the Bloomfield grounds that have native shrubs and trees.
The Meeting Closed at 8.05PM
Attachment 4 FPC 11 August 2020 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Finance Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom
ON 11 August 2020
COMMENCING AT 8.05pm
1 Introduction
Attendance
Cr J Whitton (Chairperson), 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,
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.
APOLOGIES AND LEAVE OF ABSENCE
Nil
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 General Reports
2.1 Request for Financial Assistance - Post Exhibition - Duntryleague Golf Club TRIM Reference: 2020/1131 |
RESOLVED - 20/234 Cr S Romano/Cr S Munro That Council support the request for Financial Assistance from Duntryleague Golf Club to: 1 To support the diversion of stormwater from Woodward Street 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. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Cr McRae
Absent: Nil
Cr McRae stated she had raised concerns regarding Councils liability and warranty for Council or Council Staff during any works process.
The Acting Director Corporate & Commercial Services stated that Council will not be undertaking any works, will create a deed of release and also have insurance and public liability insurance.
Cr Nugent stated that the diversion of some of the storm water may also have some benefits in water infrastructure for the city.
The Director Technical Services advised the catchment to be detoured amounts to 4 hectares, the total catchment of the city is 3000 hectares, therefore only 0.1% of the total impervious area is proposed to be detoured. Any additional overflow from the dam will return to the catchment. The diversion also takes some pressure from the existing system and allows existing pipes to hold more capacity.
Cr Mileto asked what the wages component comprise of as this sets a precedent.
Cr Kidd stated that this does not set a precedent but in fact Council has invested in a number of facilities such as toilet blocks at Waratahs and Kinross which could also be considered for profit organisation.
The Director Technical Services advised that the total cost includes the value for the pipes and installation costs, no-one is getting paid as such, but it totals the in-kind value all up.
Cr McRae stated that this information is conflicting and asked if Council is doing the works.
The Director Technical Services stated that Council will install the pipes on our footpath but not undertake any dam works.
2.2 Request for Financial Assistance - Banjo Paterson Festival - National Bush Poetry Championships - 18 to 20 February 2020 TRIM Reference: 2020/1265 |
RESOLVED - 20/235 Cr S Nugent/Cr R Turner That Council resolves that funding of $12,000 be made from the Quick Response Event Sponsorship Funding Program to Rotary Club of Orange Inc. (Banjo Paterson Festival – National Bush Poetry Championships 2020). |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
Cr Duffy asked if the event did not go ahead would the organisation keep the money.
The Chief Executive Officer advised no, the funds will be returned if it does not go ahead.
The Meeting Closed at 8.17PM
Attachment 5 SPC 11 August 2020 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Services Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom
ON 11 August 2020
COMMENCING AT 8.18pm
1 Introduction
Attendance
Cr S Munro (Chairperson), Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy Cr J Hamling, Cr J McRae (Zoom), Cr T Mileto, 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.
APOLOGIES AND LEAVE OF ABSENCE
Nil
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 Committee Minutes
2.1 Minutes of the NAIDOC committee meeting held on 9 July 2020 TRIM Reference: 2020/1251 |
RESOLVED - 20/236 Cr J Whitton/Cr J Hamling 1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting held on 9 July 2020. 2 That the remainder of the minutes of the NAIDOC Week Community Committee at its meeting held on 9 July 2020 be adopted. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
Cr Nugent stated that the Orange Naidoc Week has been moved to coincide with the national dates of 8-15 November 2020 which will be the first time is has been run at the same time. The challenge will be what events and what format can be used.
QUESTION TAKEN ON NOTICE Cr S Nugent Cr Nugent requested that Council’s Event Management Team assist the Naidoc committee by providing support and guidance relating to upcoming events and the COVID-19 requirements. |
The Meeting Closed at 8.20PM
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
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:
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.
5.3 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions.
TRIM REFERENCE: 2020/1272
AUTHOR: Janessa Constantine, Acting Manager Corporate Governance
EXECUTIVE Summary
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.
Financial Implications
Nil
Policy and Governance Implications
Nil
That the information provided in the report by the Acting Manager Corporate Governance on Outstanding and Completed Notices of Motion, Questions of Notice and Matters arising be acknowledged. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Attached is a listing of tasks requiring action or follow up by Council staff from the commencement of the Council term. This list identifies progress on decisions of Council, including Councillor Notices of Motion and Questions Taken on Notice. Upon completion, items will be noted as such and removed after production to Council.
1 Working Document - Outstanding Resolutions for Council Meetings, 2019/2006⇩
2 Completed Resolutions from Council Meetings (including Questions Taken on Notice etc) - Summary, 2019/937⇩
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 |
Information to be provided. |
|
21-Jul-20
|
CCL |
QUESTION TAKEN ON NOTICE |
Lights are not included in forward plans as yet. |
|
21-Jul-20
|
CCL |
QUESTION TAKEN ON NOTICE |
Council seeking grant funding. |
|
21-Jul-20
|
CCL |
MATTER ARISING |
Acting Director Corporate & Commercial Services to circulate. |
|
7-Jul-20
|
CCL |
MATTER ARISING |
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 |
Information to be provided. |
|
16-Jun-20
|
CCL |
MATTER ARISING |
Information to be provided. |
|
16-Jun-20
|
CCL |
MATTER ARISING |
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 |
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 |
Seeking further clarification. |
|
2-Jun-20
|
ESPC |
MATTER ARISING |
Report to ESCC on 14th August. |
|
2-Jun-20
|
CCL |
MATTER ARISING |
Social Media policy is within the Code of Conduct. |
|
19-May-20 |
CCL |
MATTER ARISING |
Country club parking complete. |
|
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 |
Options being investigated as part of Old Williams project. |
|
17-Sep-19 |
CCL |
MATTER ARISING |
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 |
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. |
|
5-Mar-19 |
ESPC |
MATTER ARISING |
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 |
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 |
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 |
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 |
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) |
Determination issued on 14 July 2020.
|
|
7-Jul-20 |
PDC |
2.2 DEVELOPMENT APPLICATION DA 234/2018(1) - 129-133 SALE STREET
(CALDWELL HOUSE) |
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 |
Funding to be provided. |
|
16-Jun-20 |
CCL |
6.4 INITIATIVES TO SUPPORT CBD BUSINESSES |
Program to be developed. |
|
2-Jun-20 |
PDC |
2.4 HERITAGE STUDY REVIEW |
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 |
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 |
To be finalised. |
|
2-Jun-20 |
CCL |
5.7 CITY ENTRANCE SIGN CONCEPTUAL DESIGN |
Costing circulated. Report to Council 1 September 2020. |
|
19-May-20 |
CCL |
6.1 EOI - LOAN BORROWINGS CONFIDENTIAL |
Waiting on information from Planning NSW. |
|
7-Apr-20 |
CCL |
6.1 LEASE HANGAR T ORANGE AIRPORT |
Waiting on lease to be signed by lessee. |
|
7-Apr-20 |
CCL |
2.3 MAYORAL MINUTE - INSURANCE FOR
VOLUNTARY ORGANISATIONS |
Progressing. |
|
7-Apr-20 |
CCL |
2.2 MAYORAL MINUTE - MAYORAL CENTROC AND
CNSW JOINT ORGANISATION BOARD REPORT |
1 - Progressing |
|
17-Mar-20 |
CCL |
6.4 TENDER FOR CONSTRUCTION OF ORANGE
REGIONAL GALLERY EXTENSION |
Report to Council 18 August 2020. |
|
17-Mar-20 |
CCL |
5.13 NAMING - CRICKET CENTRE OF
EXCELLENCE |
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 |
Draft surrender documents developed and the matter is progressing. |
|
17-Mar-20 |
CCL |
5.5 TOWAC EQUINE PRECINCT -
CONTRIBUTIONS PLAN AND DEVELOPMENT CONTROL PLAN |
With applicant. |
|
17-Mar-20 |
CCL |
5.4 LOCAL HOUSING STRATEGY |
Stages 1 and 2 complete. Public exhibition commenced. |
|
3-Mar-20 |
CCL |
2.1 MAYORAL MINUTE - MARGARET STREET
RAIL CROSSING |
Investigation underway. Application is in to open March Street. |
|
3-Mar-20 |
CCL |
RESOLVED - 20/019 Cr J Hamling/Cr
G Taylor |
Project still being completed. |
|
4-Feb-20 |
CCL |
4.3 NOTICE OF MOTION - DEVELOPMENT OF
CLIMATE CHANGE STRATEGIC POLICY |
Currently developing this policy which will require extensive consultation and investigation. |
|
3-Dec-19 |
SRPC |
2.1 BMX TRACK - ANZAC PARK 2019/1431 |
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 |
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. |
|
Attachment 2 Completed Resolutions from Council Meetings (including Questions Taken on Notice etc) - Summary
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 |
Letter emailed to Councillors on 22 July 2020. |
|
21 July 2020 |
CCL |
QUESTION TAKEN ON NOTICE |
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 |
A number of coloured LED lights were trialled and found not to be as reliable. |
|
21 July 2020 |
CCL |
MATTER ARISING |
Letter sent. |
|
7 July 2020 |
FPC |
MATTER ARISING |
Letters have been sent. |
|
7 July 2020 |
CCL |
MATTER ARISING |
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 |
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 |
The Committee meeting was set for 3 August 2020 however was postponed. |
|
16 June 2020 |
CCL |
MATTER ARISING |
Complete. |
|
16 June 2020 |
CCL |
MATTER ARISING |
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 |
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 |
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 |
Noted. |
|
2 June 2020 |
FPC |
MATTER ARISING |
Email to Councillors 12 June -
Duntryleague has repaid their $110,000.00 loan in full as at 13 November
2019. |
|
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 |
Report to be provided to 16 June 2020 meeting.
|
|
12-May-20 |
SRPC |
MATTER ARISING |
Steps involve a DA then contracted soil removal. |
|
3-Mar-20
|
CCL |
MATTER ARISING |
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 |
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 |
20,000 key images copied. Accessible storage for
digitised images currently being finalised. |
|
1 October 2019 |
CCL |
MATTER ARISING |
Information provided to Manager for distribution to Councillors. |
|
2 July 2019 |
IPC |
QUESTIONS TAKEN ON NOTICE
|
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 |
Placed on exhibition. Closed 24 August 2020. |
|
21 July 2020 |
CCL |
5.4 BLAYNEY CABONNE ORANGE (BCO)
ALLIANCE |
Date to be set for function and signing. |
|
21 July 2020 |
CCL |
5.3 GRANT FUNDING AND PROJECT PRIORITIES |
|
|
7 July 2020 |
SPC |
2.1 MINUTES OF THE NAIDOC COMMITTEE
MEETING HELD ON 5 MARCH 2020 |
Noted and Actions Complete.
|
|
7 July 2020 |
IPC
|
2.3 MINUTES OF THE CITY OF ORANGE
TRAFFIC COMMITTEE MEETING - 18 JUNE 2020 |
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 |
Conditional approval sent.
|
|
7 July 2020 |
IPC |
2.1 MINUTES OF THE CITY OF ORANGE
TRAFFIC COMMITTEE EXTRAORDINARY MEETING - 5 FEBRUARY 2020 |
Conditional approval sent.
|
|
7 July 2020 |
EEDPC |
2.1 MINUTES OF THE ECONOMIC DEVELOPMENT
COMMUNITY COMMITTEE HELD 10 JUNE 2020 |
Noted. |
|
7 July 2020 |
ESPC |
2.1 MINUTES OF THE COMPANION ANIMALS
COMMUNITY COMMITTEE OF 10 FEBRUARY 2020 |
Noted. |
|
7 July 2020 |
FPC |
2.1 REQUESTS FOR FINANCIAL ASSISTANCE -
QUARTER 1 OF 2020/2021 - SMALL DONATIONS PROGRAM
|
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 |
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 |
Contracts executed.
|
|
7 July 2020 |
CCL |
5.3 CLASSIFICATION OF LAND - DRAINAGE
RESERVE CONNEMARA DRIVE |
Land register noted. |
|
7 July 2020 |
CCL |
5.2 STRATEGIC POLICY REVIEW |
Placed on public exhibition. Closes 7 August 2020.
|
|
7 July 2020 |
CCL |
5.1 COUNCILLOR AND MAYORAL REMUNERATION |
Complete. |
|
16 June 2020 |
CCL |
6.3 VISY RECYCLING AND JR RICHARDS &
SONS PROPOSED RECYCLABLES SUPPLY AGREEMENT |
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 |
Easement will be registered following construction. |
|
16 June 2020 |
CCL |
6.1 ACQUISITION OF EASEMENT - SPRING
CREEK/ICELY ROAD PIPELINE - LOT 111 DP 736116 |
Works have been undertaken. |
|
16 June 2020 |
CCL |
5.5 ORANGE REGIONAL GALLERY EXTENSION |
Adopted. |
|
16 June 2020 |
CCL |
5.4 SYNTHETIC TURF WITHIN ROAD VERGES 2020/855 |
Advice passed onto relevant staff.
|
|
16 June 2020 |
CCL |
4.2 NOTICE OF MOTION - ROWING ON SPRING
CREEK RESERVOIR - ORANGE COMMUNITY ROWING CLUB |
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 |
COMPLETE.
|
|
2 June 2020 |
FPC |
2.2 REQUEST FOR FINANCIAL ASSISTANCE -
DUNTRYLEAGUE GOLF CLUB |
On public exhibition until 10 July 2020.
|
|
2 June 2020 |
FPC |
2.1 REQUEST FOR FINANCIAL ASSISTANCE -
LIFELINE CENTRAL WEST |
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.
|
|
2 June 2020 |
PDC |
2.3 DEVELOPMENT APPLICATION DA
54/2020(1) - 153-157 PEISLEY STREET, ORANGE 2020/818 |
Determination issued 4 June 2020. COMPLETE. |
|
2 June 2020 |
CCL |
6.8 TENDER FOR CONSTRUCTION OF SOUTHERN
FEEDER ROAD STAGE 3 |
Tender awarded to Hamcon (MAAS) -
Leewood to Highway - contract awarded. |
|
2 June 2020 |
CCL |
6.7 ACQUISITION OF EASEMENT - STAGE 4
SOUTHERN FEEDER ROAD - LOT 193 DP 756899 |
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 |
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 |
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 |
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
|
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 |
Contracts executed 6 July 2020.
|
|
2 June 2020 |
CCL |
5.6 LEASE 73A HILL STREET TO ORANGE
REGIONAL CONSERVATORIUM INC |
Lease drafted. |
|
2 June 2020 |
CCL |
5.5 LEASE RIAWENA OVAL TO ORANGE
DISTRICT CRICKET ASSOCIATION |
Lease drafted. |
|
2 June 2020 |
CCL |
5.4 ROAD CLOSURE APPLICATION - PART THE
ESCORT WAY |
Process commenced with notice to authorities and adjoining owners. |
|
2 June 2020 |
CCL |
5.3 OC FUTURE CITY |
Placed on exhibition |
|
2 June 2020
|
CCL |
5.1 MURRAY DARLING ASSOCIATION
MEMBERSHIP |
No action required. |
|
2 June 2020
|
CCL |
4.1 NOTICE OF MOTION - REMOVAL OF NO
FISHING SIGN, PLOUGHMANS CREEK 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 |
Placed on exhibition. Ends 22 June 2020. |
|
19-May-20 |
CCL |
5.4 HEALTH AND INNOVATION PRECINCT 2019/2235 |
Placed on exhibition closing 26 June 2020. Report will be presented back to Council. |
|
12-May-20 |
CCL |
6.2 LAND ACQUISITION - DEMOLITION |
Demolition contractors engaged. |
|
12-May-20
|
CCL |
6.1 REQUEST FOR FINANCIAL ASSISTANCE -
ORANGE UNITING CHURCH |
Public exhibition closed on 12 June
2020.
|
|
7-Apr-20 |
CCL |
2.4 MAYORAL MINUTE - MOULDER PARK
NETBALL COURTS |
Investigation underway. |
|
17-Mar-20
|
CCL
|
4.2 NOTICE OF MOTION - AGED AND DISABLED |
Approved as part of the 2020/2021 budget.
|
|
4-Feb-20
|
CCL |
5.4 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 |
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 |
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 |
Tender awarded to Hamcon (MAAS)
|
|
3-Dec-19 |
SRPC |
3.1 SPORTING PRECINCT |
Project underway. Funding secure. |
|
7-Nov-19 |
CCL |
4.2 NOTICE OF MOTION - MITCHELL HIGHWAY
PUBLIC RESERVE REZONING 2019/2222 |
Reclassification will be included in the next appropriate LEP amendment. |
|
7-Nov-19
|
SRPC
|
4.2 NOTICE OF MOTION - BUSINESS RATES |
Report submitted to the closed Council meeting on 16 June 2020. |
|
1-Oct-19 |
CCL |
5.6 ORANGE LEP AMENDMENT 17 - POST
EXHIBITION REPORT |
With applicant. |
|
1-Oct-19
|
CCL
|
4.2 NOTICE OF MOTION - AQUATIC CENTRE
ADMISSION - HEALTH RELATED PASS |
Program implemented 7 August 2020. |
|
20-Aug-19 |
CCL |
4.1 NOTICE OF MOTION - AWNING - MAX
HAZELTON AERO CENTRE |
Awning completed. |
|
RECORD NUMBER: 2020/1415
AUTHOR: Janessa Constantine, Acting Manager Corporate Governance
EXECUTIVE Summary
With the postponement of the Council election until September 2021, Councillors representation on Community Committees has been extended. This report seeks to review Councillor representation on Community Committees and/or the alteration of Charters until such time as a new Council is elected.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.
Financial Implications
Nil
Policy and Governance Implications
Community Committee Councillor representatives are required in accordance with each of the charters.
1 That Councillors nominate for vacant positions on each of the Community Committees.
2 That Council updates the requirements of Councillor representation on each Community Committee where a vacant position was not filled. |
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
With the postponement of the Council election until September 2021, Councillors representation on Community Committees has been extended. This report seeks to review Councillor representation on Community Committees and the alteration of Charters until such time as a new Council is elected.
In addition Cr McRae has resigned as a member of:
· Spring Hill Community Committee (Chair Cr Mileto)
· Tidy Towns Community Committee (Chair Cr Duffy)
· Environmental Sustainability Community Committee (Chair Cr Nugent)
· Airport Community Committee (Chair Cr Romano)
The late Cr Previtera was a member of:
· Clifton Grove Community Committee (Chair Cr McRae)
· Economic Development Community Committee (Chair Cr Mileto)
· Environmental Sustainability Community Committee (Chair Cr Nugent)
· Lucknow Community Committee (Chair Cr Mileto)
· Parks, Trees & Waterway Community Committee (Chair Cr Kidd)
The attached listing shows which Community Committee members and charters are affected and require an additional Councillor or changes to the charter.
Each of the Community Committee charters are also attached for reference and updating as required.
1 Community Committee - Representative Requirements August 2020, D20/48211⇩
2 Charter - Airport Community Committee - 2017, 2017/2256⇩
3 Charter - Clifton Grove Community Committee - 2017, 2017/2266⇩
4 Charter - Economic Development Community Committee - 2017, 2017/2277⇩
5 Charter - Lucknow Community Committee - 2017, 2017/2275⇩
6 Charter - Parks, Trees and Waterways Community Committee - 2017, 2017/2263⇩
7 Charter - Spring Hill Community Committee - 2017, 2017/2284⇩
8 Charter - Tidy Towns Community Committees - 2017, 2017/2255⇩
9 Charter - Environmental Sustainability Community Committee - 2017, 2017/2276⇩
Council Meeting 18 August 2020
Attachment 1 Community Committee - Representative Requirements August 2020
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 |
Attachment 2 Charter - Airport Community Committee - 2017
2017/2256 F171
purpose
To advise Council and make recommendations in relation to the development of the Orange Airport.
The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.
Reports to
Infrastructure Policy Committee
Term
The Airport Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.
Membership
Four Councillors (one of whom shall be Chairperson, as elected by Council)
Up to ten airport users/representatives with an aviation interest
General Manager (or nominee)
Non-voting Committee Clerk
Council staff as required (non-voting)
Quorum
Majority of community members and at least one Councillor.
meeting Frequency
As required, with specific meeting dates and times to be determined by the Committee.
voting
Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.
reports and recording
Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Infrastructure Policy Committee. Council may adopt, amend or decline any recommendation.
AIRPORT
COMMUNITY COMMITTEE CHARTER
Vacancies
Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.
Committee Clerk
The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.
Relevant Policies/Documents
Orange City Council Code of Conduct
Orange City Council Code of Meeting Practice
Orange Community Strategic Plan
Orange Delivery/Operational Plan
Asset Management Plan Strategy and Plans
Drug and Alcohol Management Plan (Orange Airport)
(Copies are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk)
Attachment 3 Charter - Clifton Grove Community Committee - 2017
CLIFTON GROVE
COMMUNITY COMMITTEE
2017/2266 F177
purpose
To advise Council and make recommendations in relation to Clifton Grove.
The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.
Reports to
Services Policy Committee
Term
The Clifton Grove Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.
Membership
Two Councillors (one of whom shall be Chairperson, as elected by Council)
Up to six community representatives
General Manager (or nominee)
Non-voting Committee Clerk
Council staff as required (non-voting)
Quorum
Majority of community members and at least one Councillor.
meeting Frequency
Six monthly, with specific meeting dates and times to be determined by the Committee.
voting
Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.
reports and recording
Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Services Policy Committee. Council may adopt, amend or decline any recommendation.
Vacancies
Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.
CLIFTON GROVE
COMMUNITY COMMITTEE CHARTER
Committee Clerk
The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.
Relevant Policies/Documents
Orange City Council Code of Conduct
Orange City Council Code of Meeting Practice
Orange Community Strategic Plan
Delivery/Operational Plan
Asset Management Plan Strategy and Plans
Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.
Attachment 5 Charter - Lucknow Community Committee - 2017
ECONOMIC DEVELOPMENT
COMMUNITY COMMITTEE
2017/2277 F1508
purpose
To advise Council and make recommendations in relation to the implementation of economic development strategies contained within Council’s Delivery/Operational Plan.
The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.
Reports to
Employment and Economic Development Policy Committee
Term
The Economic Development Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.
Membership
Three Councillors (one of whom shall be Chairperson, as elected by Council)
General Manager (or nominee)
Non-voting Committee Clerk
Council staff as required (non-voting)
Community Representatives
Up to 16 community members with a particular interest in economic development and/or experience in:
· Health
· Tourism
· Education
· Manufacturing/Engineering
· Agribusiness
· Mining
· Small business
· Property development/sales
Other Representatives
· Federal Member for Calare (not included for quorum purposes)
· State Member for Orange (not included for quorum purposes)
· Representative of the Orange Business Chamber
· Representative of the Business Enterprise Centre
· Representative of the NSW Department of Industry (or equivalent)
ECONOMIC DEVELOPMENT
COMMUNITY COMMITTEE CHARTER
Quorum
Majority of community members and at least one Councillor.
meeting Frequency
Every second month, with specific meeting dates and times to be determined by the Committee.
voting
Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.
reports and recording
Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Employment and Economic Development Policy Committee. Council may adopt, amend or decline any recommendation.
Vacancies
Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.
Committee Clerk
The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.
Relevant Policies/Documents
Orange City Council Code of Conduct
Orange City Council Code of Meeting Practice
Orange Community Strategic Plan
Delivery/Operational Plan
Asset Management Plan Strategy and Plans
Statement of Business Ethics
Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.
2017/2275 F176
purpose
To advise Council and make recommendations in relation to the Village of Lucknow.
The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.
Reports to
Services Policy Committee
Term
The Lucknow Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.
Membership
Two Councillors (one of whom shall be Chairperson, as elected by Council)
Up to ten community representatives
General Manager (or nominee)
Non-voting Committee Clerk
Council staff as required (non-voting)
Quorum
Majority of community members and at least one Councillor.
meeting Frequency
Six monthly, with specific meeting dates and times to be determined by the Committee.
voting
Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.
reports and recording
Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Services Policy Committee. Council may adopt, amend or decline any recommendation.
LUCKNOW
COMMUNITY COMMITTEE CHARTER
Vacancies
Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.
Committee Clerk
The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.
Relevant Policies/Documents
Orange City Council Code of Conduct
Orange City Council Code of Meeting Practice
Orange Community Strategic Plan
Delivery/Operational Plan
Asset Management Plan Strategy and Plans
Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.
Attachment 6 Charter - Parks, Trees and Waterways Community Committee - 2017
PARKS, TREES AND WATERWAYS
COMMUNITY COMMITTEE
2017/2263 F1510
purpose
To advise Council and make recommendations in relation to:
· Community planning for parks and open spaces, including Cook Park and Orange Botanic Gardens
· Community planning for streetscapes
· Community planning for waterways and stormwater management programs and associated learning programs.
The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.
Reports to
Environmental Sustainability Policy Committee
Term
The Parks, Trees and Waterways Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.
Membership
Two Councillors (one of whom shall be Chairperson, as elected by Council)
Up to ten community representatives
General Manager (or nominee)
Non-voting Committee Clerk
Council staff as required (non-voting)
Quorum
Majority of community members and at least one Councillor.
meet meeting Frequency
Quarterly, with specific dates and times to be determined by the Committee.
voting
Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.
PARKS, TREES AND WATERWAYS COMMUNITY COMMITTEE CHARTER
reports and recording
Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Environmental Sustainability Policy Committee. Council may adopt, amend or decline any recommendation.
Vacancies
Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.
Committee Clerk
The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.
Relevant Policies/Documents
Orange City Council Code of Conduct
Orange City Council Code of Meeting Practice
Orange Community Strategic Plan
Delivery/Operational Plan
Asset Management Plan Strategy and Plans
Orange Outdoors Strategy
Plans of Management for Community Land
Public Open Space Asset Management Plan
Master Plans; Orange Botanic Gardens, Cook Park, Street Tree, Gosling Creek Reserve Precinct, Lake Canobolas and Environs, Anzac Park, Moulder Park, Sir Jack Brabham Park and Wade Park
Noxious Weeds Policy ST106
Trees and Tree Roots ST074
Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.
Attachment 7 Charter - Spring Hill Community Committee - 2017
SPRING HILL
COMMUNITY COMMITTEE
2017/2284 F175
purpose
To advise Council and make recommendations in relation to the Village of Spring Hill.
The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.
Reports to
Services Policy Committee
Term
The Spring Hill Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time.
Membership
Two Councillors (one of whom shall be Chairperson, as elected by Council)
Up to 12 community representatives
General Manager (or nominee)
Non-voting Committee Clerk
Council staff as required (non-voting)
Quorum
Majority of community members and at least one Councillor.
meeting Frequency
Quarterly, with additional meetings if required. Specific meeting dates and times to be determined by the Committee.
voting
Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.
reports and recording
Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Services Policy Committee. Council may adopt, amend or decline any recommendation.
SPRING HILL
COMMUNITY COMMITTEE CHARTER
Vacancies
Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.
Committee Clerk
The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.
Relevant Policies/Documents
Orange City Council Code of Conduct
Orange City Council Code of Meeting Practice
Orange Community Strategic Plan
Delivery/Operational Plan
Asset Management Plan Strategy and Plans
Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.
Attachment 8 Charter - Tidy Towns Community Committees - 2017
TIDY TOWNS
COMMUNITY COMMITTEE
2017/2255 F168
purpose
To advise Council and make recommendations in relation to the management and development of the project initiatives, including detailed project submissions, to promote Orange as a Tidy Town within the parameters of Clean up Australia Day campaign/criteria.
The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.
Reports to
Environmental Sustainability Policy Committee
Term
The Tidy Towns Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.
Membership
Three Councillors (one of whom shall be Chairperson, as elected by Council)
Six community representatives
General Manager (or nominee)
Non-voting Committee Clerk
Council staff as required (non-voting)
Quorum
Majority of community members and at least one Councillor.
meeting Frequency
As required, with specific meeting dates and times to be determined by the Committee.
voting
Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.
reports and recording
Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Environmental Sustainability Policy Committee. Council may adopt, amend or decline any recommendation.
TIDY TOWNS
COMMUNITY COMMITTEE CHARTER
Vacancies
Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.
Committee Clerk
The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.
Relevant Policies/Documents
Orange City Council Code of Conduct
Orange City Council Code of Meeting Practice
Orange Community Strategic Plan
Delivery/Operational Plan
Asset Management Plan Strategy and Plans
Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.
Attachment 9 Charter - Environmental Sustainability Community Committee - 2017
ENVIRONMENTAL SUSTAINABILITY
COMMUNITY COMMITTEE
2017/2276 F158
purpose
To advise Council and make recommendations in relation to:
· Community planning for waste and natural resources management services and associated learning programs
· Assist Council with educational strategies that will promote responsible use and management of natural resources, including climate change initiatives
· Facilitate Council’s participation in relational planning strategies which promote resource conservation and sustainable environmental management
· That the Environmental Sustainability Community Committee have input into strategic planning across Council’s operations where relevant to an environmental issue.
The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.
Reports to
Environmental Sustainability Policy Committee
Term
The Environmental Sustainability Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.
Membership
Four Councillors (one of whom shall be Chairperson, as elected by Council)
Up to 15 community representatives
General Manager (or nominee)
Non-voting Committee Clerk
Council staff as required (non-voting)
Quorum
Majority of community members and at least one Councillor.
meeting Frequency
Bi-monthly, with specific meeting dates and times to be determined by the Committee.
voting
Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.
ENVIRONMENTAL SUSTAINABILITY
COMMUNITY COMMITTEE CHARTER
reports and recording
Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s
Code of
Meeting Practice. The Committee may make recommendations to Council, via the
Environmental Sustainability Policy Committee. Council may adopt, amend or
decline any recommendation.
Vacancies
Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.
Committee Clerk
The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.
Relevant Policies/Documents
Orange City Council Code of Conduct
Orange City Council Code of Meeting Practice
Orange Community Strategic Plan
Delivery/Operational Plan
Asset Management Plan Strategy and Plans
Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.
RECORD NUMBER: 2020/627
AUTHOR: Janessa Constantine, Acting Manager Corporate Governance
EXECUTIVE Summary
This report presents policies which have been reviewed and are recommended for placement on public exhibition for a period of 28 days:
· ST138 – Related Parties
· ST106 – Priority Weeds
· ST046 – Liquid Trade Waste
· ST091 – Orange City Library – Community Use
· ST002 – Central West Libraries
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.
Financial Implications
Nil
Policy and Governance Implications
Council’s Strategic Policies are reviewed and amended to ensure ongoing compliance with legislation and industry best practice.
Policies of Council are of two types – Strategic Policies are determined by Council, and relate to Councillors and the broader community. The Local Government Act 1993 requires the public exhibition of Policies (if new or include significant changes) and adoption by Council. Operational Policies are determined and implemented by the Chief Executive Officer, and relate to staff and the operations of the organisation.
That Council resolves to: 1 Place the following policies on public exhibition for a period of 28 days: · ST138 – Related Parties · ST106 – Priority Weeds · ST046 – Liquid Trade Waste · ST091 – Orange City Library – Community Use · ST002 – Central West Libraries 2 That the policies be referred to the Councillor Policy Review Committee for comment.
|
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
Policies for Exhibition
The following policies have been reviewed and outlined below are changes/updates made to each policy. It is recommended these policies be placed on public exhibition for a period of 28 day to allow for Council and public review and submissions.
ST138 – Related Parties
Reference |
Update |
General |
· Formatting Updates · Update to information contained in the Objectives, Applicability and General sections on the policy cover sheet. · Removal of information in the ‘general’ section and placement Policy attachment. · Update reference of General Manager to Chief Executive Officer. |
ST106 – Priority Weeds
Reference |
Update |
General |
· Minor Formatting and typographical updates only. |
ST046 – Liquid Trade Waste
Reference |
Update |
General |
· Formatting changes, update branding and logo. · Amendment of Reference to Department of Primary Industries (DPI) to NSW Department of Planning, Industry and Environment. |
ST091 – Orange City Library – Community Use
Reference |
Update |
General |
· Formatting and Typographical updates. · Updated to current processes. |
ST002 – Central West Libraries
Reference |
Update |
General |
· Change from previous Joint Agreement to Service Level Agreement between Orang City Council and participating Councils. · Updating of Library Regulations from 2010 to 2018. |
1 DRAFT - Strategic Policy - ST138 - Related Parties (August 2020), D20/44506⇩
2 DRAFT - Strategic Policy - ST106 - Priority Weeds Policy (August 2020), D20/47991⇩
3 DRAFT - Strategic Policy - ST046 - Liquid Trade Waste (August 2020), D20/47961⇩
4 DRAFT - Strategic Policy - ST091 - Orange City Library - Community Use (August 2020), D20/48012⇩
5 DRAFT - Strategic Policy - ST002 - Central West Libraries (August 2020), D20/48066⇩
Council Meeting 18 August 2020
Attachment 1 DRAFT - Strategic Policy - ST138 - Related Parties (August 2020)
Council Meeting 18 August 2020
Attachment 2 DRAFT - Strategic Policy - ST106 - Priority Weeds Policy (August 2020)
Attachment 3 DRAFT - Strategic Policy - ST046 - Liquid Trade Waste (August 2020)
Attachment 4 DRAFT - Strategic Policy - ST091 - Orange City Library - Community Use (August 2020)
Attachment 5 DRAFT - Strategic Policy - ST002 - Central West Libraries (August 2020)
RECORD NUMBER: 2020/1301
AUTHOR: Nick Redmond, Acting Director Corporate and Commercial Services
EXECUTIVE Summary
At the Council Meeting held in 6 February 2018, Council resolved to receive quarterly reports on the status of complaints made against Councillors and the Chief Executive Officer under Council’s Code of Conduct.
This report provides an update on the current status of complaints from 1 April 2020 to 30 June 2020.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Live - Engage with the community to ensure recreation opportunities and facilities meet changing needs”.
Financial Implications
Nil
Policy and Governance Implications
Part 11 of the Procedures for the Code of Conduct set out the information that is to be reported to Council and the Office of Local Government within 3 months of 30 September each year. Council reported to the Office on 29 November 2019 for the period 1 September 2018 - 31 August 2019.
Other information is not included given the requirements of Part 12 of the Procedures, which require information about complaints and the management and investigation of complaints is to be treated as confidential and not disclosed publicly.
That the report on Code of Conduct Complaint Reporting be acknowledged. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
This report provides statistics on Code of Conduct complaints against Councillors and the Chief Executive Officer, from 1 April 2020 to 30 June 2020.
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 |
RECORD NUMBER: 2020/1206
AUTHOR: David Waddell, Chief Executive Officer
EXECUTIVE Summary
This report responds to feedback from Councillors seeking information on an ongoing basis about the numerous projects staff are working on.
The Executive has brought together the total project list for the 2020-2023 years in a consolidated form to assist with resourcing and to understand the sequence required to deliver our ambitious capital budget for the year.
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
That the report on Capital Projects by the Chief Executive Officer be noted. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
The attached table shows the overall project database of current and planned projects within the next 3-4 years. The table will be progressively updated on a quarterly basis to inform Council and the Community.
1 Projects Overview - August 2020, D20/47592⇩
2 Works Overview - August 2020, D20/47591⇩
RECORD NUMBER: 2020/904
AUTHOR: Shephard Shambira, Internal Auditor
EXECUTIVE Summary
The Audit and Risk Management Committee (ARMC) held its quarterly meeting on 29 May 2020. A copy of the minutes of the ARMC meeting of 29 May 2020, and the related Agenda are attached.
The Committee had before it a progress report on the Council’s risk management framework review project, a progress update on the internal audit programme, a report on progress with Council’s process improvement initiatives and a quarterly report on compliance activities. The ARMC Charter and Internal Audit Activity Charter were also reviewed and the Committee has recommended that Council consider changing the Committee name to “Audit, Risk and Improvement Committee (ARIC) which is in line with the proposed legislative changes. It was also noted that the current Charters generally address most of the changes proposed by the new legislation. In line with standard practice, the Committee also reviewed progress updates on the ARMC Action List to assess progress in the resolution of issues previously raised by the Committee or through internal audit assessments.
The Committee also received a verbal report by the Auditor General on the status of Council’s external audit process including an update on the impact of COVID-19 on the financial audit focus.
The Chief Executive Officer also presented a verbal update to the Committee outlining Council’s initiatives and actions in response to the COVID-19 pandemic. The Committee commended Council efforts and achievements in re-aligning operations to mitigate risks arising from the pandemic.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.
Financial Implications
Nil
Policy and Governance Implications
The recommendations by the Audit and Risk Management Committee propose a change of name for the Committee to Audit, Risk and Improvement Committee and an endorsement of early adoption of proposed legislation aimed at strengthening Council’s risk management and governance framework.
In order for the minutes and Charter to be adopted prior to the next Committee meeting, these minutes were moved into the Council meeting from the Finance Policy Committee Meeting of 1 September 2020.
1 That Council acknowledge the reports presented to the Audit and Risk Management Committee at its meeting held on 29 May 2020. 2 That Council determine recommendation 4.5 from the minutes of the Audit and Risk Management Committee meeting of 29 May 2020. 4.5 (2) That the Committee be renamed the Audit, Risk and Improvement Committee (ARIC) in line with the proposed New Framework. 4.5 (3) That the Charter be confirmed subject to the following amendments a. update the Charter to replace the term General Manager with, Chief Executive Officer (CEO). b. section 5.5. of the Charter, delete the words “and executive sessions”. c. section 7.3(a) the third bullet point. Replace the words “rely on” with “refer to”; delete the words “based on external auditor’s management letter”; 3 That the remainder of the minutes of the Audit and Risk Management Committee at its meeting held on 29 May 2020 be adopted.
|
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
A copy of the minutes of the meeting of 29 May 2020 and related Agenda are attached.
A copy of the Draft Audit, Risk and Improvement Committee Charter is also attached for adoption.
1 ARMC 29 May 2020 Agenda, D20/32784⇩
2 ARMC 29 MAY 2020 Minutes, D20/48239⇩
3 DRAFT - Audit, Risk and Improvement Committee Charter, D20/45270⇩
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.
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
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Council 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 |
RECORD NUMBER: 2020/1308
AUTHOR: Merran Byers, Events Officer
EXECUTIVE Summary
Council has received an application for Event Sponsorship from the Orange Region Vignerons Association for the 2020 Orange Wine Festival. Application is made to access sponsorship from the Event Development Fund which supports events that have been running for some time but are looking to expand or change their format. The application meets this criteria.
Since the 2019 Orange Wine Festival there was a prolonged continuation of drought, smoke taint to the crop from bushfires and restrictions from COVID-19. All these factors have reduced the income for the organising committee and the continuing COVID-19 restrictions have caused a significant revamp of the event.
Due to this shortfall the proponents have sought $20,000 for the event, which is double the limit. In line with the policy, staff are only able to recommend support to the maximum amount of $10,000.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “11.2 Prosper - Develop and attract a variety of events, festivals, venues and activities for locals and visitors, ensuring accessibility for all”.
Financial Implications
Council's budget for the Event Sponsorship Program for the 2020/21 financial year is $200,000. So far this year there has been a commitment of $19,000 for 2 events.
Policy and Governance Implications
Council can only assist other organisations financially (in cash or in kind) in accordance with section 356 of the Local Government Act 1993 and therefore a Council resolution is required to allocate funds to any external entity.
Council's Strategic Policy - ST144 - Event Sponsorship Program and its related Event Sponsorship Program Guidelines are used to assess applications for Event Sponsorship. The recommendation from staff is in line with the maximum allowable under the policy.
That Council resolves that funding of $10,000 be made from the Event Sponsorship Program to Orange Region Vignerons Association for the sponsorship of the 2020 Orange Wine Festival. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
In the Events Sponsorship Program Strategic Policy and guidelines, the following categories exist to support assessment of applications received:
Category |
Description |
Incubator Event Fund |
Provides seed funding to events in their first or second year of activity. Funding range is $1,000 to $5,000. |
Flagship Event Fund |
Identifies and assists the development of events that contribute to the unique character and culture of the Orange360 tourism region and can demonstrate that they attract overnight visitation. Funding range is $1,000 to $10,000. |
Event Development Fund |
Supports events that have already received funding from Council in previous years and can present a comprehensive strategy for future growth that includes the continued development of its tourism potential to drive overnight visitation to the event. Funding range is $1,000 to $10,000. |
Quick Response Event Fund |
Provides seed funding and/or support to events that occur as new and unplanned opportunity for Orange and have not met the funding rounds as outlined below. Funding range is $1,000 to $20,000. |
The attached application documents from the organising committee details the environmental effects on the industry since the last festival which included the prolonged drought, state wide bush fires resulting in smoke taint in the harvest as well as COVID-19. The effects of COVID-19 were two-fold with restaurants closing for dine-in service the sales of wines to restaurants plummeted and the closing of cellar doors cut-off the other source of income for many wineries.
The wine industry members fund the operation of Orange Regional Vignerons Association through levied contributions based on harvest or production. Having the triple negative of drought, smoke taint and COVID-19 has severely undermined the industry’s ability to contribute to this year’s event. Due to this reason, the committee has sought an amount higher than the maximum allowable in the policy. The precis of the application is in the following table.
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. |
1 CCL 18 August 2020 - Redacted - Event Sponsorship Application Form - Orange Wine Festival - Application ESP20/05, D20/47239⇩
Council Meeting 18 August 2020
Attachment 1 CCL 18 August 2020 - Redacted - Event Sponsorship Application Form - Orange Wine Festival - Application ESP20/05
RECORD NUMBER: 2020/1317
AUTHOR: David Waddell, Chief Executive Officer
EXECUTIVE Summary
The Council at its meeting of 7 November 2017 appointed 2 independent members of the Audit and Risk Management Committee for a period ending September 2020. The standard practice is that a new ARMC is appointed when a new Council is elected. Considering that Council elections scheduled for this year have been postponed, it is recommended that the tenure of current Audit and Risk Management Committee independent members be extended for a period of 12 months.
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
Independent members of the ARMC are paid a sitting allowance in line with amounts approved by the Council in the Annual fees and Charges Policy. These amounts are provided for in existing budgets.
Policy and Governance Implications
Nil
That Council extend the appointment of Mr Phillip Burgett and Mr Bill Gillooly AM as the two independent members of the Audit and Risk Management Committee until September 2021 unless otherwise resolved by Council. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
The Office of Local Government has issued guidelines (first in 2008 and updated in 2010) for Internal Audit which cover how Audit and Risk Management Committees may be structured and operate. While committees are currently voluntary, amendments to the Local Government Act (NSW) 1993 have been made such that it will be compulsory to have such committees after the next general election in 2021.
Orange City Council has had an Audit and Risk Committee since 2009. The duties and responsibilities of the Committee is outlined in point 1 of the attached charter.
The charter of the Committee also identifies the previous Council’s determination of the membership as two independent and two Councillors, with an alternate Councillor nominated.
The two independent members are remunerated. Current fees and charges have been set by Council at $978.18 (+GST) for the chair per meeting and $791.82 (+GST) for the other member per meeting. Councillor members of the Committee are not paid. Independent members are also entitled to claim per kilometre rate reimbursement for travel to and from meetings based on the rates in the Local Government (State) Award.
Appointments to the Committee terminate at the conclusion of a term of Council. Independent members of the Committee are appointed by Council following an expression of interest process. The Councillor members are handled in another report to Council on Community Committee and external body appointments.
In line with provisions of the ARMC Charter, a fresh expression of interest process will be initiated to replace one of the Committee members or both at the expiry of the current Council term. Introducing new independent members allows for the flow of new ideas and retaining some existing members ensures that there is continuity in the Committee’s focus on key strategic risk issues.
1 Attachment 1 - Audit and Risk Management Committee Charter, D18/13729⇩
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
2 Authority
3. Composition
4 Tenure. 4
5 Meetings and Quorum
6 Confidentiality
7 Responsibilities
7.3 (a) Financial Statements
7.3.(b) Risk Management
7.3.(c) Internal Control
7.3.(d) Internal Audit
7.3.(e) External Audit
7.3.(f) Compliance
7.3.(g) Reporting Responsibilities
7.3.(h) Other Responsibilities
7.3.(i) Individual Responsibilities of Members
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.
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.
3.1 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.
4.1 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
(c) two years in respect of the independent members or such other term as determined by Council.
(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.
5.1 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.
6.1 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.
7.1 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:
· 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.
· 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.
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.
· 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.
· 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. |
RECORD NUMBER: 2020/1319
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 must assign to all Crown Land under its management a classification of either operational or community land in accordance with the Local Government Act 1993.
The current and historical use of a number of parcels of Council managed Crown Land are inconsistent with the categories of Community Land provided in the Local Government Act 1993.
Council staff have identified the Crown Land which it requires to be classified as operational land in accordance with the Crown Land guidelines and are now seeking ministerial consent to classify the land as if it were operational land.
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 need to be prepared in accordance with the classification confirmed by the Minister Administering the Crown Lands Management Act 2016.
That Council requests approval from the Minister Administering the Crown Land Management Act 2016 to classify the land Reserve numbered and named in the schedule below Operational Land to be administered under the Local Government Act 1993. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
The Crown Land Management Act 2016 provides that Crown Land managed by Council must be managed as if it were Community Land unless the Minister administering the land has given written consent to classify the land as operational.
The onus is on Council as Crown Land Manager to identify and satisfy the Minister that certain land under management does not fall within any of the categories of Community Land under the Local Government Act 1993 or could not continue with the current use if it was required to be used as Community Land.
Council staff have considered each Crown land reserve managed by Council and have identified those reserves which should be classified as operational land and recorded the justification in the format required by the Department of Industry - Crown Lands.
Once approved by Council, staff will lodge the form for consent to the Minister administering the Crown Land Management Act 2016.
The Department of Industry - Crown Lands will consider Council’s application on its merits and will notify Council in writing of the outcome once ministerial consent has been given or refused.
In deciding which land should be made operational Council staff considered the historical and current use of each reserve and the reserve purpose in accordance with the Department of Planning, Industry and Environment - Crown Lands and the Office of Local Government guidelines and advice.
Generally, this is land that may not need to be made available to the public at large because the nature of the land is operational where the use of the land may exclude the public for their safety or Council operational reasons.
Other examples of Crown Land that may not fall within categories of Community Land would include cemeteries and other land where the length of existing tenure does not fall within the legislative requirements of the Local Government Act 1993.
Schedule of Crown Land for Classification as Operational
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 |
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 269.71m2,, artwork conservation and storage space (90.09m2 and 116.64m2 respectively), 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
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
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
THE LAND
The land 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 269.71m2,, artwork conservation and storage space (90.09m2 and 116.64m2 respectively), ancillary theatre space (75 seats) 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.
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.
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
(c) stating that unauthorised entry to the site is prohibited.
Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE |
(4) 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 |
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
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
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
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
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,
(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,
(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.
(c) The proposal does not propose to crush, grind, shred, sort or store scrap metal of any quantity.
(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 11,907m2 and 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.
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
(c) stating that unauthorised entry to the site is prohibited.
Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE |
(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
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 |
RECORD NUMBER: 2020/1434
AUTHOR: Scott Maunder, Director Community, Recreation and Cultural Services
EXECUTIVE Summary
Council has been advised of two streams of funding for local projects. The NSW Government has allocated $1.17M under the resources for regions funding. The Australian Government has allocated $720,000 under the Federal Local Roads and Community Infrastructure Program.
This funding is non-competitive and guaranteed for Council.
Council though are required to nominate and provide detail on proposed projects via grant hubs for approval before the funding is received and projects can commence. These submissions are due on 2 September 2020.
This report seeks Council determination of projects to be submitted.
Financial Implications
Nil. Projects will proceed or otherwise following determination of the grant process.
Policy and Governance Implications
Nil
That Council determine which projects are to be submitted for approval. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Resources for Regions
The $50 million Resources for Regions program (round 7) was announced on 24 June 2020 to support the ongoing prosperity of mining communities in regional NSW by providing economic opportunities, improved amenity and positive social outcomes.
$50 million will be allocated across identified eligible Local Government Areas
(LGAs). Prescribed allocations of funding are assigned to eligible LGAs to
ensure Resources for Regions is weighted towards supporting the most
mining-affected communities in NSW.
Orange City Council has been allocated $1,170,966.
This round includes some changes to the process including:
· The program objectives should be updated and refined in order to better target the scope of the program.
· Applications should link proposed projects to the relevant Local Government Area's (LGA) Community Strategic Plan or relevant NSW Government Regional Plan.
· The scope of eligible projects should be broadened to include both infrastructure and programs.
· Each mining-impacted LGA will be eligible to apply for a guaranteed amount of funding for their region.
Council is required to submit detailed applications on all projects. The proposed projects for submission under the Resources for Regions funding are:
1 Refurbishment of Hockey Centre Car Park and installation of security lighting
Orange City Council has held discussions with Orange Hockey Association in regard to works required to the Hockey Centre. Priority works identified were the repair and reseal of the Hockey Centre Car Park and installation of security lighting.
Cost: $300,000
2 New Toilets in 3 local parks
Orange City Council would build new toilet facilities in three local parks – John Lomas Skate Park, Perry Oval and Glenroi Oval.
Cost: $255,000 ($85,000 each)
3 New Canteen and Kitchen Facilities and Amenities and Shower Block at Naylor Pavilion
Orange City Council would build new toilet and shower facilities at the Naylor Pavilion together with a Kitchen and Canteen. These facilities are able to be used in conjunction with the operations of the Naylor Pavilion or independent to it. The total estimated cost is $750,000. Council has allocated $250,000 towards the project in 2020/21.
Cost: $750,000 Requested Funding: $500,000
4 Youth Resilience Project to Orange School Students
The Resilience Project delivers emotionally engaging programs to schools providing practical, evidence-based mental health strategies to build resilience and happiness. This will be particularly useful in these troubling times around Covid-19.
Through presentations, school curriculum, events, the TRP App, and Wellbeing Journals, students share the benefits of Gratitude, Empathy and Mindfulness, and easy ways to practise these in everyday life. The program also incorporates Emotional Literacy, Connection and Physical Health education and activities as they are foundational contributors to positive mental health.
Developing resilience in youth across Orange is important as we know:
· 1 in 4 adolescents have a mental illness
· 1 in 7 primary schools kids have a mental illness
· 1 in 5 adults will experience mental ill-health throughout the year
· 65% of adolescents do not seek help for mental illness
This program is delivered by The Resilience Project based in Melbourne which has delivered the program to over 1,000 schools and more than 1,000,000 Australians.
The project would be delivered to both primary and secondary school students across Orange.
Orange Aboriginal Medical Service has committed $50,000 towards the delivery of the project.
Cost: $150,000 Requested Funding: $100,000
5 Alternative Projects:
Council has submitted a funding request under the showground stimulus fund for the Naylor Pavilion project. If successful these funds would be required to be allocated to alternative projects.
Enhancement of Orange Caravan Park
The Orange Caravan Park is in need of enhancements and repairs to address safety issues and improve the nature of facilities offered. The proposed works include security measures, new lighting, replacement of a cabin with an accessible cabin, installation of play equipment and installation of acoustic panels.
Cost: $250,000
Stage One Bathurst Road Rest Stop
Council has been working on a design for a rest stop to be constructed near the gateway site. The total estimated cost for the development is $750,000. It is proposed that stage 1 works would be conducted which would include layback and base parking.
Cost: $250,000
Federal Local Roads and Community Infrastructure Program
Council has been allocated $720,000 under this project.
Construction activity on Eligible Projects must be undertaken between 1 July 2020 and
30 June 2021, subject to the following exceptions:
· Where an Eligible Funding Recipient contributes at least fifty per cent towards the total cost of a project. Construction activity on a project may be undertaken until 30 June 2022 as long as the Australian Government’s contribution covers the cost of construction activity to 30 June 2021, and all other Eligible Project requirements are met.
It is proposed that Council submit an application to conduct the preparatory works for Stage 4 of the Southern Feeder Road.
Cost: $720,000
1 Orange City Council - Resources For Regions Allocation Letter, D20/48924⇩
Council Meeting 18 August 2020
Attachment 1 Orange City Council - Resources For Regions Allocation Letter
6 Closed Meeting - See Closed Agenda
The Chief Executive Officer will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.
The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
Recommendation That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 Sale 24 Astill Drive Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.2 Tender for Construction of Orange Regional Gallery Extension This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.3 Tenders Stage 2 - Internal Fitout of the Animal Shelter 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. |
RECORD NUMBER: 2020/1385
AUTHOR: Shirley Hyde, Legal and Property Officer
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2020/1409
AUTHOR: Scott Maunder, Director Community, Recreation and Cultural Services
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2020/1425
AUTHOR: Melissa Maccallum, Manager Building and Environment
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
[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.