MINUTES OF THE
Planning and Development Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 6 April 2021
COMMENCING AT 7.53pm
Attendance
Cr R Turner (Chairperson), Cr R Kidd (Mayor), Cr G Taylor (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr J Whitton
Chief Executive Officer, Acting Director Corporate and Commercial Services (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Acting Director Technical Services (Theakestone), Acting Manager Corporate Governance (Constantine), Chief Financial Officer, Executive Support Officer, Manager Building and Environment, Acting Manager Development Assessments (Mortell), Sustainability Officer
APOLOGIES AND LEAVE OF ABSENCE
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RESOLVED - 21/089 Cr S Munro/Cr S Nugent That the apologies be accepted from Cr S Romano for the Planning and Development Committee of Orange City Council on 6 April 2021. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr McRae, Cr Munro
Against: Nil
Absent: Cr Romano
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 2.6 – Orange Development Control Plan 2004 – Former Orange Base Hospital – West End Precinct, as she owns a business in the precinct.
Cr Whitton declared a Significant Pecuniary Interest in item 2.7 - Orange Local Environmental Plan 2011 – Planning Proposal for a Heritage Amendment, as he owns property in the vicinity.
Cr Mileto declared a Non-Significant Non-Pecuniary interest in item 2.8 – Development Application DA111/2020(1) – 12 Green Lane, as he owns property in the area of this development.
Cr Hamling declared a Non-Significant Non-Pecuniary interest in item 2.8 – Development Application DA111/2020(1) – 12 Green Lane, as he owns property in the area of this development.
Cr Turner declared a Significant Non-Pecuniary interest in item 2.10 – Development Application DA494/2020(1) – 6 Lysterfield Road, as he is a member of the Western Region Planning Panel who will be assessing and determining the Development Application.
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TRIM Reference: 2021/325 |
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RESOLVED - 21/090 Cr J Hamling /Cr K Duffy That Council resolves to acknowledge the information provided in the report by the Manager Development Assessments on Items Approved Under the Delegated Authority of Council. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr McRae, Cr Munro
Against: Nil
Absent: Cr Romano
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TRIM Reference: 2021/497 |
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RESOLVED - 21/091 Cr K Duffy/Cr S Munro That Council note the gazettal of Amendment 24 to the LEP and confirm the adoption of the amendment to Orange Development Control Plan 2004 relating to flood controls to be known as chapter 4A Flood Affected Land. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr McRae, Cr Munro
Against: Nil
Absent: Cr Romano
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TRIM Reference: 2021/535 |
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Cr McRae declared a Significant Pecuniary interest in this item as she owns property in the precinct, left the meeting and did not participate in discussion or voting on this item. |
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RESOLVED - 21/092 Cr S Nugent/Cr S Munro That Council resolves: 1 To endorse the attached scope of the Planning Proposal for the Eastside Precinct to amend the Orange Local Environmental Plan 2011. 2 Submit the attached Planning Proposal to the NSW Department of Planning and Environment to seek a Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979. 3 That staff proceed to address any conditions or requirements of the Gateway Determination and then place the draft Planning Proposal on public exhibition in accordance with the Gateway determination. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr McRae, Cr Munro
Against: Nil
Absent: Cr Romano
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TRIM Reference: 2021/553 |
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RESOLVED - 21/093 Cr R Kidd/Cr S Munro That Council consents to development application DA10/2021(1) for Subdivision (46 lots – comprising 43 industrial lots, two lots for stormwater management and one public reserve lot) at Lot 1 DP 1085646 - 298 Clergate Road, Orange pursuant to the conditions of consent in the attached Notice of Determination with the deletion of Lot 1 from condition 43. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Taylor, Cr Turner, Cr Whitton, Cr McRae, Cr Munro
Against: Cr Nugent
Absent: Cr Romano
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TRIM Reference: 2021/554 |
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RESOLVED - 21/094 Cr R Kidd/Cr J Hamling That Council refuses development application DA 424/2020(1) for Boarding House at Lot 131 Pce SC DP 241292 - 14 Nyrang Road, Orange pursuant to the reasons set out in the attached Notice of Refusal. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr McRae, Cr Munro
Against: Nil
Absent: Cr Romano
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TRIM Reference: 2021/573 |
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Cr McRae declared a Significant Pecuniary interest in this item as she owns a business in the precinct, left the meeting and did not participate in discussion or voting on this item. |
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MOTION Cr R Kidd/Cr S Munro That Council note the contents of this report, including the matters raised in submissions, and resolve to adopt the West End Precinct Development Control Plan, as exhibited, to become a chapter in Orange Development Control Plan 2004. |
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AMENDMENT Cr S Nugent/Cr T Mileto 1 That Council note the contents of this report, including the matters raised in submissions, and resolve to adopt the West End Precinct Development Control Plan, as exhibited, to become a chapter in Orange Development Control Plan 2004. 2 That any sale documents incentivise social and affordable housing. For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr McRae, Cr Munro Against: Cr Duffy Absent: Cr Romano, Cr McRae |
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The amendment on being put to the meeting was carried and became the motion. The motion on being put to the meeting was carried. |
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RESOLVED - 21/095 Cr S Nugent/Cr T Mileto 1 That Council note the contents of this report, including the matters raised in submissions, and resolve to adopt the West End Precinct Development Control Plan, as exhibited, to become a chapter in Orange Development Control Plan 2004. 2 That any sale documents incentivise social and affordable housing. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr McRae, Cr Munro
Against: Cr Duffy
Absent: Cr Romano, Cr McRae
*Cr Kidd left the meeting with the time being 8.07pm and returned with the time being 8.08pm*
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TRIM Reference: 2021/580 |
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Cr Whitton declared a Significant Pecuniary interest in this item as he owns property in the precinct, left the meeting and did not participate in discussion or voting on this item. |
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RESOLVED - 21/096 Cr S Munro/Cr S Nugent That Council resolves: 1 To endorse the attached Planning Proposal relating to the Heritage Amendment to the Orange Local Environmental Plan 2011 2 That staff finalise inventory sheets before seeking a Gateway Determination 3 To submit the Planning Proposal to the NSW Department of Planning and Environment to seek a Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979 4 That staff proceed to address any conditions or requirements of the Gateway Determination and then place the draft Planning Proposal on public exhibition in accordance with the Gateway determination. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr McRae, Cr Munro
Against: Nil
Absent: Cr Romano, Cr Whitton
Cr McRae asked if there would be an increase in budget/resources in order to allow for the expanded Heritage Conservation Areas (including providing advice and necessary exemptions/approvals); how heritage provisions and requirements for consent will be communicated to the public and also how Council staff will be able to manage and monitor public compliance of the heritage provisions.
The Director Development Services stated that heritage advice would continue to be provided through a heritage advisor or existing staff. There is no specific additional budget allocation. Assessment and enforcement of heritage provisions shall be managed in-house. Smaller provisional items shall be addressed by adding to the suite of information already made available.
*Cr Kidd left the meeting with the time being 8.18pm and returned with the time being 8.19pm*
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TRIM Reference: 2021/590 |
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Crs Mileto and Hamling declared a Non-Significant Non-Pecuniary interest in this item as owners of property in the precinct, remained in the meeting and participated in discussion and voting on this item. |
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RESOLVED - 21/097 Cr K Duffy/Cr T Mileto That Council consents to development application DA 111/2020(1) for Dwelling (two storey), Attached Garage, Retaining Walls and Tree Removal at Lot 2 DP 413484 – 12 Green Lane, Orange, pursuant to the conditions of consent in the attached Notice of Approval |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr McRae
Against: Cr Munro
Absent: Cr Romano
Cr Nugent asked over the status of the BASIX, Environmental Planning and Assessment Act Schedule 1 and also Privacy Screening.
The Acting Manager Development Assessments stated that a revised BASIX has been received since the printing of the business paper. Consideration of documents submitted with the Development Application (Schedule 1) was undertaken at the time of lodgement and that Privacy Screening has been provided on the approved plans.
Cr Munro asked if there was a point of reference taken for the height of the building on a specific date.
The Chief Executive Officer stated that the plans of the DA identified heights to Australian Height Datum that were set by a Surveyor.
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TRIM Reference: 2021/592 |
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RESOLVED - 21/098 Cr S Nugent/Cr J Whitton That Council consents to development application DA 4/2021(1) for Centre-based Child Care Facility (change of use and alterations and additions) at Lot 101 DP 1252700 - 49 Hill Street, Orange, pursuant to the conditions of consent in the attached Notice of Approval. |
For: Cr Kidd, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr McRae,
Against: Cr Duffy, Cr Munro
Absent: Cr Romano
Cr Mileto asked what plans were in place to protect the integrity of the heritage aspects as well as ensure safety of children on the site.
The Director Development Services stated that the existing heritage significant fence will be retained and additional fencing will be installed inside the boundary for child safety.
*Cr Hamling left the chamber with the time being 850pm and returned with the time being 851pm*
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TRIM Reference: 2021/547 |
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Cr Turner declared a Significant Non-Pecuniary interest in this item as he a member of the JRPP who have discussed this item, left the meeting and did not participate in discussion or voting on this item. In the absence of the Chair, Cr Kidd (Mayor) Chaired this item. |
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RESOLVED - 21/099 Cr S Nugent/Cr T Mileto That Council resolves: 1 That the information contained in the report for development application DA 494/2020(1) for Health Services Facility (Hospital) Lot 177 Pce C DP 775277 – 6 Lysterfield Road, Orange, be acknowledged. 2 That Council makes a submission in support of the application to the Western Regional Planning Panel. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Whitton, Cr McRae, Cr Munro
Against: Nil
Absent: Cr Romano, Cr Turner
Cr Mileto asked if there was any impact on the ratepayer to get water and sewer headworks on the site.
The Director Development Services stated that it is a condition of consent to extend the water and sewer to the site.
The Meeting Closed at 8.57PM.