Extraordinary Council Meeting

 

Agenda

 

28 June 2021

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that an Extraordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on  Monday, 28 June 2021  commencing at 7.00pm.

 

 

David Waddell

Chief Executive Officer

 

For apologies please contact Administration on 6393 8218.

  

 


Extraordinary Council Meeting                                                                   28 June 2021

Agenda

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                Introduction.. 3

1.1            Apologies and Leave of Absence. 3

1.2            Livestreaming and Recording. 3

1.4            Acknowledgement of Country. 3

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

2                General Reports. 5

2.1            Development Application DA 464/2020(1) - 1610 and Lot 209 Forest Road (Bloomfield Sporting Precinct) 5

3                Closed Meeting - See Closed Agenda.. 401

3.1            Submission Redactions. 403

4                Resolutions from closed meeting.. 404

 


Extraordinary Council Meeting                                                                   28 June 2021

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

I would like to acknowledge the Traditional Custodians of the land on which we meet today, the people of the Wiradjuri Nation.  I pay my respects to Elders past and present, and extend those respects to Aboriginal Peoples of Orange and surrounds, and Aboriginal people here with us today.

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.

 

   


Extraordinary Council Meeting                                                                   28 June 2021


Extraordinary Council Meeting                                                                   28 June 2021

2       General Reports

2.1     Development Application DA 464/2020(1) - 1610 and Lot 209 Forest Road (Bloomfield Sporting Precinct)

RECORD NUMBER:       2021/1189

AUTHOR:                       Ben Hicks, Planner    

 

 

EXECUTIVE Summary

Application lodged

27 November 2020

Applicant/s

Orange City Council

Owner/s

Orange City Council

Land description

Lot 1 DP 1142713 and Lot 209 DP 42900

1610 Forest Road, Orange

Proposed land use

Demolition (tree removal)

Value of proposed development

$250,000

This Development Application seeks Council's consent for demolition (tree removal) at Lot 1 DP 1142713 and Lot 209 DP 42900, 1610 Forest Road, Orange. The site is currently occupied by Sir Jack Brabham Park sporting fields (Lot 1) and the former Orange Ex-Services Country Golf Club (Lot 209). Lot 209 forms part of the state significant Orange Bloomfield Hospital Site (State Heritage Register Number 01745) and is listed via Schedule 5 of the Orange Local Environmental Plan 2011 as item I21. The site is Crown Land. The Crown has consented to the lodgement of the DA.

This development application seeks Council's consent for tree removal to facilitate the delivery of the Orange Regional Sporting Facility (ORSF). The actual construction of the future sporting facility on this site, including works such as bulk earthworks, erection of buildings, installation of services, landscaping, vehicle access/car parking etc. would be the subject of a separate development application(s).

In terms of the proposed tree removal, vegetation surveys at the site confirm that the land contains 1,028 trees and shrubs. Of these, 794 are trees and the remainder 234 are shrubs. All shrubs are proposed to be removed. Of the 794 trees, 513 have been identified for removal and 281 for retention. The 513 trees identified for removal contain 55 native planted trees, nine remnant native trees and the remainder 449 trees are exotic species. It should be noted that although the environmental assessment considers the removal of all 513 trees, where possible suitable trees will be transplanted/relocated to suitable locations on the site or to other Council managed parks/reserves.

The removal of the trees from within the bounds of a state heritage listed site triggers the requirement for an approval under Section 60 of the Heritage Act 1977 from Heritage NSW - Department of Premier and Cabinet. In this regard, the applicant has elected to have the application treated as integrated development pursuant to Section 4.46 of the Environmental Planning and Assessment Act 1979 with the application being referred to Heritage NSW to obtain their General Terms of Approval. The Heritage Council of NSW resolved at its meeting on 1 June 2021 to grant their general terms of approval (copy attached). It is noted that as part of the issuance of the general terms of approval, the heritage office has only approved tree removal in the immediate area of the indicative stadiums. It is estimated this “immediate area” may contain approximately half of the trees identified by the DA for removal. The removal of the remainder of the trees across the wider site is subject to the provision of a detailed landscape Masterplan to be provided as part of the development application for the wider civil works across the site.

 

The proposal comprises advertised development pursuant to Schedule 1 of the Environmental Planning and Assessment Act 1979 requiring advertisement for a minimum of 28 days. This application was however advertised for 2 months (11 December to 5 February 2021) and a public forum held on 9 January 2021. At the completion of the notification period, 177 submissions had been received. The issues raised in the submissions that relate to visual impacts, environmental concerns, social impacts, and heritage impacts. It should be noted that many submissions relate to the future sport facility (traffic, noise, built form, etc.) These issues are technically not applicable to this application, as the application under consideration is for tree removal only.

Principally, there are three critical aspects of the assessment of this application for tree removal; namely the environmental impacts (biodiversity, air and microclimate), the visual/amenity implications; and social impacts. These matters are discussed in detail in the body of the report.

Figure 1 - Locality and Site Context Plan

BACKGROUND INFORMATION

Since 2018 Orange City Council and its consultants have been investigating, through schematic design and constraint assessment, potential sites within the Orange Local Government Area to host a purpose-built sporting precinct. A total of seven (7) sites were identified and analysed to identify the development constraints and opportunities. The sites included the Northern Distributor, Gateway, Huntley Road, Jack Brabham, DPI, Mitchell Highway and CSU (Figure 2).


 

 

Figure 2 – Candidate Sites

A list of key site characteristics and deliverables were developed to assist in informing site section. These included:

(a)     The site must have access to a high-volume road network within 300-500 metres and capable of accommodating up to 5000 vehicles during peak periods.

(b)     The site must have access to services of a required standard (water, sewer, electrical etc.).

(c)     Be in a location that enables field lighting to be operated i.e. not within 500m of residential properties.

(d)     Be proximal to the city of Orange.

(e)     Have adequate land area and be developable to host:

-    One main rectangular field suitable for the conduct of International Rugby League, Rugby Union and Football (soccer) incorporating a 1,500-seat grandstand with disability access, change rooms, amenities, broadcast facilities, staff and storage areas and completion lighting for night games. Field to be hybrid field and for ground capacity to a minimum of 10,000.

-    A “Number 1” field suitable for the conduct of International Rugby League, Rugby Union, and Football (soccer) adjacent to the main field. Field to be hybrid field.

-    Four (4) multipurpose fields suitable for the conduct of International Rugby League, Rugby Union, and Football (soccer) for summer and winter sports competition.

-    Amenities.

-    Food outlets.

-    Parking.


 

-    Public transport bays.

-    Storage.

-    Works shed.

-    Circulation tracks for walking and cycling.

A weighted assessment of each site against the above selection criteria was undertaken as well as utilising GIS software and other relevant data to determine the most suitable sites. Consultation with a number of key Orange sporting organisations in 2019 also assisted in site selection and option testing.

Following this, Council originally resolved to progress concept design of the sporting precinct at the northern distributor site. However, in the wake of the amalgamation of the Orange Ex-Services Country Golf Club with Wentworth Golf Club and subsequent termination of golfing activities at the Bloomfield Reserve, the former Golf Club was identified as the preferred and most logical option due to the following:

(a)     It would allow for expansion of existing operations i.e., proximity to sporting fields at Sir Jack Brabham park, providing economies of scale for the maintenance and operation of sporting facilities.

(b)     Access to existing and adequate power and water services.

(c)        Adjacent to the Southern Feeder Road and medical precinct.

(d)     Reduced establishment costs (geography of the land, proximity to services, facilities etc.)

It must be noted that the Bloomfield reserve site was not originally considered for the sporting precinct due to an existing lease agreement with Orange Ex-Services Club to use the site for a period of 20 years, which was due to expire 31 December 2025.

THE APPLICATION/PROPOSAL

This development application seeks Council's consent for tree removal to facilitate the delivery of the Orange Regional Sporting Facility (ORSF). Note the design of the precinct includes grandstands, sports fields, and other facilities will be the subject of further development applications lodged in due course. Specifically, this application will involve the following:

(a)     Removal of 513 trees including 55 native planted trees, nine remnant native trees and 449 exotic tree species.

(b)     Removal of 234 shrubs.

(c)     All trees to be removed will be felled and chipped. Sound smaller examples may be transplanted to other sites, or elsewhere within the site, for reuse, particularly the ornamental species such as Liquidambar Pin Oak, Elm and Silver Birch trees. However, this will be subject to health of the individual trees.

(d)     281 trees will be retained including trees on the southern edge, forming an avenue along the internal road access to the Bloomfield Health Campus, and the trees lining the Forest Road and Huntley Road boundaries.


 

Figure 3 below provides graphical representation of the trees to be removed and the trees to remain. It is also worth noting that as part of the Masterplan for the sporting precinct, significant tree replanting will occur within the site, providing somewhat of an offset to the tree removal as well as assisting in some visual relief and integration of the future sports precinct within the area. Figure 4 shows indicative tree planting which will occur with the future development of the land.

Figure 3 – trees to be removed and retained


 

 

Figure 4 – proposed tree replanting

THE LAND AND HISTORY

The subject site is located approximately 1.5 kilometres to the south of Orange City Centre and just north of the new Orange Hospital precinct. The site spans between Forest Road and Huntley Road and encompasses a nine-hole golf course and part of Sir Jack Brabham Park. The land was formally part of a large area of land dedicated to a psychiatric hospital.

Development of the site for an aerodrome begun in the 1930s and was completed in 1937. The aerodrome closed following the opening of an airport at Spring Hill 1961. Redevelopment of the site was undertaken between 1954 and 1974 to create a recreational area comprising sporting fields now known as Sir Jack Brabham Park. During this time, a racing circuit was also established around the site between 1952-1953, which incorporated the roads bounding the park (Huntley Road and Forest Road).

The establishment of the nine-hole golf course on the subject site followed some years later (late 70s early 80s). Bloomfield Country Club Ltd held a lease over land from around 1982 up until 2019 when the club amalgamated with Wentworth Golf Club.

Since the site ceased being used for golf in 2019, the land has been accessed by walkers and people practicing golf.


 

 

Figure 5 – 1972 aerial photograph (NSW Spatial Services)

The above aerial photograph was taken in 1972 and shows that the subject site (indicated by a red circle) was largely cleared of trees at this time. The nine-hole golf course constructed by the patients of Bloomfield Hospital is shown in the bottom of the picture (indicated by a blue circle). There is an avenue of Elms along the entry road to the golf club - the first entry road when coming from the town along Forest Road (indicated by a green circle).

DECISION FRAMEWORK

Development in the Orange LGA is governed by The Environmental Planning and Assessment Act 1979 and the accompanying Environmental Planning and Assessment Regulations 2008. Sitting below the Act and Regulations is the Orange LEP 2011 and other State-wide Environmental Planning Instruments (SEPPs). Subordinate to the LEP and SEPPs is the Orange Development Control Plan 2004 which is a guiding document used to inform decision making. In addition, the Infill Guidelines are used to guide development, particularly in the heritage conservation areas and around heritage items.

The development (tree removal) 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. The proposal is also not defined as Regionally Significant Development pursuant to Schedule 7 of the State Environmental Planning Policy (State and Regional Development) 2011, in that the proposal has a capital investment value less than $5 million for Council related development.

The application is integrated development pursuant to Section 4.46 EP&A Act requiring approval under Section 60 of the Heritage Act 1977.

The Development Application was neighbour notified and publicly exhibited in accordance with the Orange City Council Community Participation Plan 2019 (CPP). A public information session was also held for interested persons. A total of 177 submissions were received during the exhibition period.

The proposal is considered to be of ‘significant public interest’ based on the number of submissions received. 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).

DIRECTOR’S COMMENT

This development application seeks Council's consent for the removal of 513 trees. The removal of the trees would facilitate the delivery of the future construction of the Orange Regional Sporting Facility (ORSF). The future sporting facility on the land including bulk earthworks, erection of buildings, installation of services, landscaping, vehicle access/car parking etc. will be subject to a separate development application process.

Most of the trees identified for removal were planted in the late 1970’s-80s as part of a golf course. Part of the development site is within the bounds of a state heritage listed site (Bloomfield Hospital precinct) so technical procedures are triggered involving the Heritage NSW, who have provided their General Terms of Approval (GTA’s). It is noted that the GTA’s (copy attached), has only approved tree removal in the immediate area of the indicative stadiums at this point in time. Discussions have been had with Heritage NSW to determine what the “immediate area” is. Based on these discussions, staff have sketched the areas that Heritage NSW have indicated may be considered. The detail of this will have to be determined by the applicant and Heritage NSW at the time of obtaining the Section 60 Heritage approval to commence the works. So Council can understand the extent of this area, likely to be considered “immediate” by the GTA’s, I attach the indicative sketch, please note however, that the area ultimately determined by Heritage NSW as “immediate” may be larger or smaller than that in the sketch.

The Council planning report considers the tree removal proposal across the entire site, as that is what the DA proposes. However given the wording of the NSW Heritage GTA’s, the removal of the remainder of the trees outside the immediate area of the indicative stadiums will need to the subject of a separate DA for the wider civil works across the site and also need to be accompanied by a detailed landscape master plan.

177 submissions had been received during the advertising period of this DA. The issues raised in the submissions that relate to visual impacts, environmental concerns, social impacts, and heritage impacts. It should be noted that many submissions relate to the future sport facility (traffic, noise, built form, etc.) and should be considered in that context.


 

Principally, there are three critical aspects of the assessment of this application; namely the environmental impacts (biodiversity, air and microclimate), the visual/amenity implications; and social impacts.

Whilst being beyond the scope of the application before Council to consider, the applicant has provided some additional commentary on traffic matters in response to queries raised in the submissions. This is provided as an attachment to this report for clarity, but as it is beyond the scope of the DA, does not form part of the assessment.

It is recommended that Council supports the subject development proposal and continues to work closely with NSW Heritage and Transport for NSW regarding the overall design of the future sporting precinct.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “10.1 Preserve - Engage with the community to ensure plans for growth and development are respectful of our heritage”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

 

Recommendation

That Council consents to development application DA 464/2020(1) for Demolition (tree removal) at Lot 1 DP 1142713 and Lot 209 DP 42900, 1610 Forest Road, 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.

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.


 

Biodiversity Conservation Act 2016 and Regulation 2017

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 (Vegetation Mapping)

The subject land is not mapped on the OEH Biodiversity Values Map (Figure 4) and is also not identified as biodiversity sensitive on the Orange Local Environmental Plan 2011 Terrestrial Biodiversity Map.

Figure 6 - excerpt from OEH Biodiversity Values Report


 

Trigger 2 (Clearing Thresholds)

The land is zoned RE1 Public Recreation (Sir Jack Brabham Park) and RE2 Private Recreation (Former Country Club) and does not carry a minimum lot size under the Orange Local Environmental Plan 2011. Given that the land does not carry a minimum lot size, Clause 7.2 of the Biodiversity Conservation Regulation 2017 provides that the actual size of the allotment of land on which the proposed development is to be carried out is to be used. In this case, Sir Jack Brabham Park and the former golf course have a combined land area of 65.53 hectares and therefore the prescribed native vegetation clearing threshold for land over 40ha in size but less than 1,000ha is 1ha (10,000sqm):

Figure 5 – clearing thresholds (C7.2 BC Reg 2017)

While it is proposed to remove 513 trees from the site, only 64 trees are classified as remnant or cultivated native vegetation. The remaining 449 trees are exotic species and are not captured by the Biodiversity Offset Scheme. The removal of the 64 native trees does not trigger the clearing threshold (i.e., clearing below 1ha) established under the Biodiversity Conservation Regulation 2017. Furthermore, ground cover over the site is dominated by exotic grasses sown in order to produce fairways and putting greens for the golf course. Weedy forbs are also present throughout the site. The composition of the ground cover indicates that the study area does not comprise native vegetation and thus clearing of ground cover is also not captured by the Biodiversity Offset Scheme.

Trigger 3 (Threatened Species)

Regardless of whether or not the development has triggered entry into the Biodiversity offset scheme under the forgoing thresholds, a Test of Significance is required to be undertaken in accordance with Section 7.3 of the Biodiversity Conservation Act 2016 to determine if the proposal would have a significant impact on any threatened species and determine if there is a need to undertake a Species Impact Statement or Biodiversity Assessment Method (BAM). In this regard, Orange City Council commissioned Dr Colin Bower (Premise Pty Ltd) to prepare a Biodiversity Assessment Report to assess the ecological impacts associated with the proposed tree removal inclusive of a Test of Significance in accordance with Section 7.3 of the Biodiversity Conservation Act 2016. The assessment included an initial desktop study and field surveys. The desktop study involved searches of online databases and review of various other information sources to identify the likely biodiversity values, vegetation types, threatened species and threatened ecological communities that may occur within the study area.


 

The report outlines that the database searches returned eleven (11) threatened flora species and thirty-nine (39) threatened fauna species have the potential to occur within the broader region around the study area. Through a process of habitat filtering, the number of potential threatened flora species that may occur on the site was reduce to (1) being the Eucalyptus canobolensis (Silver-leaf Candlebark). Similarly, six (6) fauna species being the Glossopsitta pusilla (Little Lorikeet), Polytelis swainsonii (Superb Parrot), Ninox connivens (Barking owl), Petroica boodang (Scarlet Robin), Petroica phoenicea (Flame Robin) and Pteropus poliocephalus (Grey-headed Flying Fox) were identified to potentially occur on the study site.

Onsite surveys undertaken during September 2020 by Premise confirmed that there were no individuals of the threatened Eucalyptus canobolensis (Siver-leaf Candlebark) present at the site. In addition, there were no confirmed sightings of the six identified fauna species. Notwithstanding, the report confirmed that it is expected that these species are likely to forage occasionally on the project footprint throughout the year as part of much larger foraging ranges; however, are unlikely to breed there due to unsuitable habitat conditions. During site surveys, it was identified that there were primarily four (4) habitat types occurring on the subject site including the ornamental amenity plantings, scattered planted/cultivated and remnant eucalypt trees, mown exotic grassland/forbland and a Pond. The report provides the following assessment against these habitat types:

Ornamental amenity plantings

Ornamental plantings dominate the study area and mostly comprise tall mature Monterey Pines. There are also a variety of other coniferous species and deciduous ornamental trees. These have relatively low value for native wildlife, providing little or no food resources and few nesting opportunities, since they lack hollows.

Scattered planted and remnant eucalypt trees

The planted and remnant native trees are mostly scattered or planted in rows or open patches that provide little shelter for terrestrial wildlife. They may provide food in the form of insects and nectar for native birds and flying foxes. However, only one remnant tree has hollows suitable for nesting or roosting. Birds that nest amongst foliage may find breeding opportunities in the denser foliaged species, such as Narrow-leaved Black Peppermint, but the foliage is too open in most. The habitat lacks a shrub layer and there is no dense ground cover habitat either. Structural habitat diversity is also lacking; there being no fallen branches, logs or surface rocks. In addition, the linear nature of this habitat and its isolation in the landscape mean it is unsuitable for native species requiring large areas of continuous woodland habitat. The native habitat on the study area is suitable only for a few generalist species that thrive in open and disturbed environments.

Mown exotic grassland/ forbland

Open mown grassland comprising mainly exotic grass and forb species is prominent on the study area. Fauna habitat features are poor in this habitat type, which caters only for species with preferences for open spaces. Fallen timber, hollow logs and surface rocks are absent.


 

Pond

A small dam in the south east corner of the study area provides water for wildlife, refuge for some water birds and potential habitat for the Long-necked Turtle, Chelodina longicollis.

The environmental report acknowledges that the removal of vegetation from the site would result in the reduction in habitat and foraging areas for the identified fauna species; however, this reduction would be minor in the context of the poor quality of the existing environment and considering the amount of higher quality habitat that would remain in the local area for potential foraging for these species. The expert report also confirms that the reduction in the potential foraging habitat would not significantly affect local population of the six threatened fauna species, should they occur. Accordingly, a Species Impact Statement is not required to be prepared for further consideration for these six fauna species.

Furthermore, the report advises that the nine (9) remnant native trees that remain on the site are from the original woodland that covered the site prior to European settlement. These tree types comprise three Apple Box, five Ribbon Gum and one Candlebark (Eucalyptus rubida). These remnant trees indicate the original vegetation belonged to Plant Community Type 732 or similar - Broad-leaved Peppermint - Ribbon Gum grassy open forest in the north east of the South Eastern Highlands Bioregion. The Office of Environment and Heritage Vegetation Information System database indicates that Plant Community Type 732 is not part of any listed Threatened Ecological Community in New South Wales. Nor is it listed nationally. The report concluded that no ecologically viable remnants of this community remain on the study area.

Of the fifty-five (55) planted/cultivated eucalypt trees, thirty-three (33) represent species that are threatened in their natural habitats. These include 25 Wallangara White Gums (Eucalyptus scoparia) and eight Narrow-leaved Black Peppermints (Eucalyptus nicholii). The Eucalyptus nicholii is listed as Vulnerable and the E scoparia is listed as Endangered under the Biodiversity Conservation Act 2016.

The Office of Environment and Heritage database specifies that the Wallangarra White Gum is known in the wild from only three locations near Tenterfield in NSW, including Bald Rock National Park and some other locations within Queensland, while the Narrow-leaved Black Peppermint is sparsely distributed but widespread on the New England Tablelands from Nundle to north of Tenterfield, being most common in central portions of its range. The report acknowledges that these species should be maintained and protected wherever possible; however, the development would affect only cultivated trees and their removal does not directly impact on the viability of natural populations in the wild. Consequently, the action would not place any viable local wild populations at risk of extinction and a Species Impact Statement is not required for further assessment.


 

Based on the foregoing consideration and supporting ecological assessment by Dr Colin Bower, a Species Impact Statement or Biodiversity Assessment Method is not required to be undertaken. The proposal suitably satisfies the relevant matters under Clause 1.7 EPAA 1979 and is acceptable in the context of the Biodiversity Conservation Act 2016. Notwithstanding, the environmental assessment has recommended a number of measures that should be implemented to offset the impacts of the project including:

(a)     Where possible, valuable ornamental species would be removed and transplanted on other OCC parklands.

(b)     The trunk of the old growth Ribbon Gum tree with wildlife hollows would be utilised for wildlife habitat in another reserve where it would be stood vertically against a sound tree.

(c)     It is recommended that offset plantings be made of the Wallangarra White Gum and Narrow-leaved Black Peppermint to replace the losses of these threatened species from the project area. It is recommended that plantings be made at a ratio of three to one to ensure survival of an equivalent number of trees to those that would be lost.

Council assessment staff consider the above measures to be satisfactory and are included as conditions of development consent.

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.


 

Although the proposal relates only to the removal of trees, it will facilitate the delivery of the Orange Regional Sporting Precinct which is appropriate to the use of the land in both the open space zones (Private and Public Recreation). The use of the land for a sporting facility will enhance and augment the function of the land as a recreation area, and in this way will contribute to the social wellbeing of the community whilst having a neutral effect in terms of the environment and economic issues. The proposed development will not have any impact on the site's importance as an element of the City's heritage.

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:

RE1 Public Recreation and RE2 Private Recreation

Lot Size Map:

No Minimum Lot Size

Heritage Map:

Old Aerodrome, Sir Jack Brabham Park – Gnoo Blas and curtilage of the Bloomfield Hospital site

Height of Buildings Map:

No building height limit

Floor Space Ratio Map:

No floor space limit

Terrestrial Biodiversity Map:

No mapped biodiversity

Groundwater Vulnerability Map:

Groundwater vulnerable

Drinking Water Catchment Map:

Not within the drinking water catchment

Watercourse Map:

Not within a mapped watercourse

Urban Release Area Map:

Not within an urban release area

Obstacle Limitation Surface Map:

No restriction on building siting or construction

Additional Permitted Uses Map:

No additional permitted use applies

Flood Planning Map:

Not within a flood planning area

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

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

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

(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 site of the proposed development is zoned RE1 Public Recreation and RE2 Private Recreation under the Orange Local Environmental Plan 2011. The proposed tree removal is defined as ‘demolition’ under LEP 2011, which means:

Demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.

Demolition is permitted with consent pursuant to Clause 2.7 (see below).

Clause 2.3(2) of the Orange Local Environmental Plan (OLEP) 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 RE1 Public Recreation and RE2 Private Recreation are:

Objectives of the RE1 Public Recreation Zone (Sir Jack Brabham Park)

·    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.

Objectives of the RE2 Private Recreation Zone (Former Orange Ex-Services Country Golf Club)

·    To enable land to be used for private 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 consistent with the objectives RE1 Public Recreation and RE2 Private Recreation zones. The proposed tree removal will facilitate the future development of the site for an outdoor recreation facility being the proposed Orange Regional Sporting Facility, which is expected to include multiple playing fields, amenities, walking and cycling tracks etc. Eventually, the site will provide high level sporting amenities to users of the public and relevant local, regional, and state level sporting organisations in an appropriate and accessible location.

Additionally, the assessment that has been undertaken has had a central focus on the natural environmental aspects of the reserve particularly in relation to the removal of vegetation and its associated consequences.

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

Clause 2.7 – Demolition requires Development Consent - Clause 2.7 of the OLEP 2011 states that the demolition of a building or work may be carried out only with development consent. Accordingly, the applicant has applied for development consent (DA464/2020) for the demolition/removal of 513 trees from the site. Impacts associated with the proposed tree removal have been addressed in detail throughout this report.

Clause 5.10 Heritage Conservation - Clause 5.10(4) of the Orange Local Environmental Plan 2011 requires the consent authority, before granting consent under this clause in respect of a heritage item or heritage conservation area, to consider the effect of the proposed development on the heritage significance of the item or area concerned.

The site of the proposed tree removal contains two locally listed heritage items pursuant to Schedule 5 of the Orange Local Environmental Plan 2011 being Sir Jack Brabham Park – Gnoo Blas (I173) and the former Aerodrome (I172). Additionally, the land also forms part of the curtilage of the state listed Bloomfield Hospital site, SHR item no 01745.

Council’s Heritage Inventory and the State Heritage Register provides the following description and statement of significance with regard to these heritage items:

I172 Former Aerodrome (Council depot)

The Aerodrome site retains relics sufficient to identify and interpret the use and provides an historic and rare example of the first formal air transport activity form the late 1930s. A landscaped area approximately 60m x 30m, divided by a cyclone fence, which encloses a depot area used by Council for storage of equipment and materials. The area also includes mature trees which have been allowed to grow through the area previously dedicated as an aerial identification sign with concrete lettering.

I173 Sir Jack Brabham Park (Gnoo Blas)

The site has historic and social value for the motor racing groups and associated history within Australia, is named to celebrate Sir Jack Brabham and is worthy of further interpretation. The site consists of grassed landscapes set out as sporting fields. A sign panel describes the historic use. There are no known [original] structures on the site. The steel pedestrian over-bridge from the site was relocated to another park site in central Orange.


 

State Heritage Item 01745 Bloomfield Hospital

The Bloomfield Hospital is of State heritage significance. It has high historic, associative and aesthetic significance as an example of a mental hospital designed according to the philosophy and treatment regimens of the late Nineteenth and early Twentieth Century. It was the last of the large purpose-built mental hospitals in NSW and one of only three built in rural areas. It has remained largely intact with regard to its original intention and layout as little development of the site has occurred since the completion of the original hospital buildings.

The Hospital has a strong association with Frederick Norton Manning and Eric Sinclair who were pioneers in the treatment and management of mental health in NSW in the late Nineteenth and early Twentieth Centuries. It is a landmark in the area as a fine ensemble of buildings in a village-like landscape setting and demonstrates through its physical fabric, layout and park-like setting, a humane method for the treatment of the mentally ill that is no longer carried out on such a large scale.

Its continual use as a place of treatment for the mentally ill also makes the place significant as does its tradition of promoting a close association with the local community through social, cultural and sporting activities.

Remnants of the former aerodrome is mostly confined to one part of the site, located approximately in the centre between Sir Jack Brabham Park and the golf course (Figure 6). The proposed tree removal will have no impacts on the remaining aerodrome relics being the aerial identification sign in concrete lettering. The removal of trees is expected to enhance the heritage values of Sir Jack Brabham Park as it will reinstate a cleared area of land that would have been a key landscape characteristic of the Orange aerodrome.

Figure 7 – aerodrome site relics


 

The Gnoo Blas circuit encompasses the subject site and potentially the land area further to the south towards the Bloomfield hospital precinct. The description of Gnoo Blas in the heritage inventory sheet indicates that the site holds more archaeological potential rather than built-heritage potential. The proposed tree removal will not impact on the roads that previously formed part of the Gnoo Blas car racing circuit. Most of the existing trees post-date the active years of the racing circuit, the circuit having closed in 1961 and the formation of the golf course believed to have occurred some years later (late 70s early 80s). Thus, the historic values of the Gnoo Blas circuit are expected to be retained.

The relationship between the golf course and the state listed Bloomfield Hospital site has been examined within the Heritage Impact Statement (HIA) submitted with the application. Following a review of historical photographs, the Bloomfield Conversation Management Plan, site visit and review other relevant documentation, the HIA provides that the golf course:

(a)     is not part of Bloomfield Hospital Primary Heritage Curtilage and does not provide any understanding of the history to mental health treatment in Australia

(b)     is not part of the structural layout of Bloomfield Hospital

(c)     does not demonstrate the role of landscape in treatment of mental health - it is not part of the parkland setting of the hospital buildings

(d)     has no association with a significant person as it was an area excluded from the hospital (as was the area further to the north).

Furthermore, the State Government’s Bloomfield Hospital Site Conversation Management Plan 2020 states that although the surrounding land to the north of hospital site formed part of the original land allocation set aside for the hospital, the area does not contain any structures or landscape features of particular heritage significance and does not provide a visual setting for the Hospital. It is also not intrusive on the significance of the Hospital. As such, the land is a neutral space in terms of the overall heritage significance of the place.

The Heritage Impact Statement also provides that the proposed tree removal is expected to have minimal impact on the surrounding heritage setting due to the following:

·    The proposed removal of trees (for future playing fields) is consistent with this part of the original Bloomfield Hospital land having a number of uses that modified a previous landscape. The land was largely cleared by 1903 of native vegetation, it was the site of an aerodrome (an improvement completed in 1938) which required the extensive removal of additional trees.

·    The removal of the golf course will reinstate heritage values lost by its introduction, as it will reinstate the original (nineteenth century) philosophical approach to isolating and segregating mental patients from the broader community. The creation of a golf course on the subject site in the 1980s caused the grounds of the hospital to "bleed" out into the surrounding area rather than for Bloomfield Hospital to remain contained within its historic borders.

·    The avenue of Elm trees along the entry road to the golf club (the first road when coming from town) will be retained.


 

·    The sense of gentle enclosure of buildings in Bloomfield North by the surrounding landscape will be retained.

·    Sufficient area will remain around the buildings of Bloomfield North to provide an outlook to trees and grassed expanses; and

·    Views from the buildings of Bloomfield North over the institutional parklands will remain.

In addition to the above, the planting of additional trees to increase tree canopy around the periphery of the site will also assist in reducing any visual impacts associated with the removal of large trees from the site. Council’s heritage advisor has recommended some proposed changes to the Masterplan design, mainly in the form of additional tree avenues, connecting paths and interpretive spaces. These have been incorporated into the consent or advisory notes as appropriate.

It should also be noted that the NSW Office of Environment and Heritage (OEH) have undertaken extensive assessment of the application. Although the heritage office has only granted consent for the removal of trees within the immediate vicinity of the indicative stadiums at this stage, the heritage office has indicated general support for the removal of the remainder of the trees subject to the provision of a satisfactory landscape plan which is to be provided to the Heritage Office with the application for civil works at the site.

Clause 7.1 Earthworks – The proposed tree removal is expected to involve significant ground disruption to the extent of removing the trees, stump, and root systems. However, it is expected that the earthworks associated with the removal of the trees can be appropriately supported onsite without disrupting existing overland stormwater flows or impacting adjoining properties.

The site is not known to be contaminated. However, standard cautionary conditions of consent have been attached in the event of an unexpected find. It is understood that no soil material will be removed from the site as part of this application.

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 may be 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.

Lastly, the site is not in proximity to any mapped waterway, drinking water catchment or sensitive area under the Orange Local Environmental Plan 2011. Notwithstanding there is an ephemeral drainage line that runs approximately through the middle of the site. This drainage line is fed largely by the large dams located on the southern section of former golf course and is only generally active during large storm events capturing overflow from the nearby dams. The drainage line is not expected to be altered by the proposed tree removal. A detailed stormwater management plan will however be required for the subsequent stages of the development where disruption to drainage lines would be expected.


 

Clause 7.6 - Groundwater Vulnerability – The site has been mapped as being groundwater vulnerable. 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.

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 (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 - State Environmental Planning Policy 55 - Remediation of Land (SEPP 55) requires that a consent authority must not consent to the carrying out of development of land unless it has considered whether the land is contaminated, is satisfied that the land is suitable in its contaminated state for the development that is proposed, and if the land requires remediation to be made suitable for the proposed development it is satisfied that the land will be remediated before the land is used for that purpose.

The historical land-use of the site is recreation with a golf course in the southern section and soccer fields in the northern section. Prior to the current use of the land for recreation purposes, the land was used as an aerodrome.


 

A preliminary site contamination assessment has been completed by Envirowest Pty Ltd. Initial findings of the investigation indicated elevated levels of a number of Copper, lead, and zinc. Soil testing confirms these materials were identified in a layer of fill used within the construction of the green on golf hole 14, while Zinc impacted material was identified in a layer of fill used within the construction of the tee box on golf hole 4.

The tree removal work is not expected to disturb the soil around these areas; however, they will require remediation as a component of the project and will need to be addressed in relation to a future development application in relation to civil works.

Furthermore, the report advises water pipes containing asbestos are known to be located within the adjoining Sir Jack Brabham Park and potential exists for asbestos cement pipes to be present within the investigation area; however, the location of the pipes have not been mapped. In this regard, an unexpected finds protocol is recommended to be implemented in the event that asbestos or other contaminants are suspected during works.

SEPP (Vegetation in Non-Rural Areas) 2017 - The provisions of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 is applicable to the subject development as the proposal requests consent to demolish (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 demolition is of a size that would trigger the requirements outlined in these provisions. The demolition/removal is also to occur within a heritage setting and in this regard development consent is to be sought.

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.

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 $5 Million for Council related development. Accordingly, this application is to be determined by Council under Part 4 of the Environmental Planning and Assessment Act 1979 and relevant provisions under the Environmental Planning and Assessment Regulation 2000. Consideration of this SEPP will need to be given to any future development applications lodged for the subsequent stages of the proposal.


 

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

There are no draft environmental planning instruments that apply to the subject land or proposed development

INTEGRATED DEVELOPMENT

The applicant elected to nominate the development application as Integrated Development pursuant to Section 4.46 of the EP&A Act because of the need to seek approval under Section 60 of the Heritage Act 1977 from Heritage NSW - Department of Premier and Cabinet for the removal of the trees from within the bounds of a state heritage listed site being the Bloomfield Hospital. Heritage NSW have issued General Terms of Approval which are attached to the consent. The General Terms of Approval specify that the extent of the tree removal is to only occur in the immediate area of the indicative stadiums shown on the Masterplan to support the associated civil works. The removal of the remainder of the trees across the wider site is subject to the provision of a landscape Masterplan to be provided as part of the DA for the proposed civil works for approval by Heritage NSW.

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

Development Control Plan 2004

Development Control Plan 2004 (“DCP 2004”) applies to the subject property. Chapters of the DCP relevant to the proposed use and development include:

·    Chapter 0 - Transitional Provisions;

·    Chapter 2 - Natural Resource Management;

·    Chapter 11 – Land Used for Open Space and Recreation; and

·    Chapter 13 – Heritage

Chapter 0 - Transitional Provisions

Section 0.2 provides that any reference to a zone under Orange Local Environmental Plan 2000 is to be a reference to the corresponding zones in the zone conversion table.

Zone 6 of the Orange LEP 2000 corresponds to both the RE1 Public Recreation and RE2 Private Recreation zones of Orange LEP 2011.

This chapter of the DCP also establishes a number of provisions concerning the preservation of certain trees and vegetation within the LGA. Specifically, the DCP prescribes the following:

1.   Trees prescribed by this DCP must not be ringbarked, cut down, topped, lopped or wilfully destroyed without the Council’s approval and landowner’s consent.

2.   This clause applies to Eucalypts of any size belonging to the White Box, Yellow Box and Blakely’s Red Gum Endangered Ecological Communities, including species indicated as affected in the tree preservation table.


 

3.   This clause applies to any tree, native or exotic, with a trunk diameter equal to or greater than 300mm at breast height.

4.   This clause does not apply to species indicated as exempt in the tree preservation table.

5.   An application for the Council’s approval must be accompanied by an appropriately qualified specialist (arborist) report.

In consideration of these matters, an arborist report has been prepared by Council’s Nigel Hobden, Manager City Presentation. The report provides a detailed assessment of the value (environmental, historical, and social), health and opportunity for retention of trees on the Bloomfield Golf Course northern precinct. The arborist assessment provides the following:

The northern precinct, that proposed for a sports hub, has a dominant tree canopy across the site of Monterey Pine (Pinus radiata) with in the order of 423 specimens (+ 10%) estimated to have been planted between 1975 and 1984. Aerial images obtained by Premise depict little to no tree canopy on the northern precinct (i.e., the area between the Bloomfield Hospital Campus Access Road and Sir Jack Brabham Sports Field).

Key features notable in the 1973 Aerial Image in the Premise SoEE Report [Page 29 Figure 7 – Aerial Photo from 1973 (Source: NSW Government Historical Imagery)] are the remnant Apple Box (Eucalyptus bridgesiana) in the south eastern corner of the proposed sports hub and the border of trees along the northern boundary of the Tallowood Complex of Buildings (pres. mainly to be Cupressus glabra).

In Figure 8 [page 30 Premise SoEE Aerial Photo from 1984 (Source: NSW Government Historical Imagery)] the boundary planting of Monterey Pines between the ‘northern section of the Bloomfield Golf Course’ complex and Sir Jack Brabham Park (SJBP) is clearly visible as are the returns of these Monterey Pine plantings along Forest Road in a north south direction from the common boundary. When a comparison of the northern golf course precinct and the southern golf course area (south of the Bloomfield Hospital Campus Drive) is made the aerial imagery clearly shows the more advanced and historically established tree plantings on the southern golf course area. This latter area has a more diverse and interesting collection of tree species than the northern precinct.


 

Monterey Pine (Pinus radiata) has traditionally been grown as windrow or wind break plantings or a softwood plantation timber for the timber industry (house frames, pulp wood). The species has very little to no ecological value and is known to supress the growth of other tree species as a result of leaching of toxins from the needles and root system. The planting of Pinus radiata along the common boundary of the Bloomfield Hospital Precinct (BHP) and Sir Jack Brabham Park is akin to that of a softwood plantation planting but in many instances individual specimens are planted in much closer proximity; that is at a much higher density. This has led to vertically elongated growth as the trees compete with each other for light.

As a result of the growing environment, growth habits and recent environmental conditions (Millennium drought, drought of 2019/2020) many of these trees are very poor specimen’s often carrying codominant leadership, where naturally the radiata pine have one dominant leader. Codominance is a structural weakness which often results in the failure of one leader and then compromising the integrity of the remaining leader.

Each of the trees circled in yellow have codominant leaders representing points of future failure. Note the density of plantings on the right-hand side of image and the haphazard growth with stems leaning away from each other.


 

 

 

 

 

 

 

 

 


Due to the compact planting (space between trees), especially along the common boundary of BHP and SJBP, the trees are dependent on each other for support (wind buffering) and the removal of some portion of the row will expose others to elements that they are not established to withstand. Those trees that are protected will have less well-developed root structures to support the individual specimens in strong wind events. Removal of some trees in exposing other will predispose those left standing to the high probability of wind failure.

The proposed future sporting complex would require substantial volumes of cut and fill across the site and in the north western corner of the BHP where the proposed stadium would be constructed. The placement of fill will have significant impacts on the root system of the boundary tree planting. The placement of fill on top of the natural ground surface will smoother and suffocate both feeding and structural roots, in effect inflicting a slow decline and eventual death to the trees if they are not removed as the first stage in the redevelopment of the site to playing fields.


 

Along the southern boundary of the site with the Tallowood Complex, the proposed project will require substantial cut to enable sports field playing surfaces to be constructed. Within this area a collection of juveniles to semi-mature Atlantic and Himalayan Cedar occurs (Cedus atlantica and C deodara), isolated native trees such as Ribbon Gum (Eucalyptus viminalis) on the northern side of the Tallowood boundary fence and on the southern side are over mature Arizona Cypress (Cupressus glabra). Many of the C. glabra are in poor condition (refer to Images 4 to 9).

 

 

 

 

 

 

 

 

 



 

There is an opportunity to transplant in the order of 12 trees on the site as their age and structure will permit lifting out of the ground and relocation. These trees can be planted to reinforce the boundary plantings along the eastern alignment of Bloomfield Heath Service Tallowood Complex and in front of the Benjamin Short Grove Residential Age Care Facility (Age Care Facility). There are a number of Ornamental Pears and Simon’s Poplars that will be transplanted during earth works stages to retain and maintain tree canopy surrounding the adjoining complexes.

A collection of Narrow-leaved Black Peppermint (Eucalyptus nicholii), Ribbon Gum (Eucalyptus viminalis), Ironbark (E sideroxylon) and Willow Gum (E scoparia) totalling 11 individual trees immediately to the north of the Age Care Facility will be retained and can be reinforced with additional plants of suitable species. Species that currently exist across the proposed sports hub area such as Cedrus atlantic, C deodara, Quercus palustris and Liquidambar styraciflua would be appropriate.

Of importance as trees to be retained on the subject site are two remnant Apple Box (Eucalyptus bridgesiana) located in the south eastern corner of the site and a cluster of Ribbon Gum (Eucalyptus viminalis) on the Huntley Road frontage of the site.

Each of the above trees to be retained shall have tree protection zone (TPZ) fencing as per AS4970 – 2009 erected prior to site occupancy and prior to any tree removal or earth works. The area within the TPZ fencing shall be covered with a layer of 100mm thick mulch derived from Council tree maintenance operations or similar i.e. it shall be a combination of woodchip and leaf. Tree protection shall include the establishment of TPZ for the avenue of Elm Trees (Ulmus sp) along the Hospital Drive entrance road.

The project arborist (or Council Manager City Presentation) will be required to approve TPZ fencing. Adjustments may need to be made for individual trees based on the balance, shape and form of the canopy and growing environment. Where possible trees shall be grouped within TPZ fencing to aid in protection and exclusion of construction activities.

Chapter 2 - Natural Resource Management

The matters required to be considered under Section 2.3 - Vegetation and Section 2.4 - Flora, Fauna and Biodiversity have previously been addressed under “Section 1.7 - Application of Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries

Management Act 1994” of this report.

The development is considered satisfactory with regards to flora, fauna, and biodiversity matters.

Chapter 11 - Land Used for Open Space and Recreation

Principally, the relevant Planning Outcome arising from this part of the DCP is to consider the provisions of any relevant Plan of Management applicable to the site. Council’s Manager City Presentation has advised that there is no specific Plan of Management for the former Orange Ex-Services Country Golf Club as it is in Crown land ownership and been historically used for private recreation purposes. In this regard, the planning outcomes contained in Chapter 11 of the DCP are considered irrelevant to the assessment of this application.


 

Notwithstanding, Council has at various times resolved to prepare overarching plans (i.e., Plans of Management) for all land held in its ownership, care, control, and management. To this end, Council some years ago adopted a generic Plan of Management that applies to all its parks and reserves. Should the subject land be re-purposed for public recreation under the management of Orange City Council in the future, Council’s Manager City Presentation has advised the land will be included in the generic Plan of Management as an addendum. The inclusion of the land in the generic Plan of Management will provide strategic planning direction and governance for the management and use of land with respect to landscape preservation, protection of native vegetation, equipment, access, neighbourhood amenity and risk management.

Chapter 13 – Heritage

The land is identified as a Heritage Item of Local significance. The significance arises because of the site's previous use as an aerodrome and road racing circuit. The site is also within the curtilage of the historic Bloomfield Hospital site. Heritage impacts have been addressed in detail above under the heading “5.10 - Heritage Conservation”. The development will not have a detrimental effect on the significance of the locally listed Heritage Items or the adjoining Bloomfield hospital site. The development has the support of Council’s Heritage Advisor and General Terms of Approval have been issued by NSW Heritage.

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

Demolition of a Building (Clause 92)

The proposal is for tree removal only and does not involve the demolition of any built structures.

Fire Safety Considerations (Clause 93)

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

Buildings to be Upgraded (Clause 94)

The proposal does not involve the rebuilding, alteration, enlargement or extension of an existing building.

BASIX Commitments (Clause 97A)

BASIX is not applicable to the proposed development.

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

In determining an application, a consent authority must take into consideration the likely impacts of the development, including impacts on both the natural and built environments, and social and economic impacts in the locality. The former NSW Department of Urban Affairs and Planning (DUAP) practice note provides a number of primary matters and specific considerations that can be referred to in order to assess the likely impacts of a development. The relevant primary matters and specific considerations have been identified and assessed as follows:


 

Context and Setting

The site sits primarily within a parkland setting south of the Orange CBD. The reserve comprises a former nine-hole golf course over an area of some 28ha. An extensive number of tree plantings have been used to mark out fairways and golf greens and also to provide screening and protection along the periphery of the site. These plantings mainly comprise radiata pine; however, other ornamental species also exist along with a few isolated remanent native vegetation. Apart from the fairway and periphery plantings, the land consists of improved pastures, cart tracks and sand bunkers. A starters hut is located in the south western corner of the site.

Surrounding uses are mixed and include recreation lands, health services facilities educational establishments and industrial lands. The nearest residential properties are located on the northern side of Jack Brabham Park some 500m from the subject site. The site will continue to be used for recreational purposes thus is not considered to be incompatible with the context and setting of the area.

Visual Impacts and Landscape Character

The proposal to remove 513 mature trees from the site, which will also include ground disturbance, material stockpiling, fencing and storing of equipment, is expected to have some degree of impact on the landscape setting of the site and streetscape. Thus, consideration needs to be given to the landscape sensitivity and its ability to absorb the proposed change, the viewers’ sensitivity/susceptibility to the change and the overall visual effects of the proposal to determine the extent of the impact including the appropriateness/suitability of the proposal.

Relevant visual impact assessment guidelines provide that visual sensitivity relates to the qualities of the area and the importance of views to receptors at a certain location and is informed by the type of receptor and the activity with which they are engaged. This considers the extent to which receptors’ attention or interest is focused on the view or visual amenity. For example, residents in their home, walkers whose interest is likely to be focused on the landscape or a particular view, or visitors at an attraction where views are an important part of the experience often indicate a higher level of sensitivity/susceptibility. Whereas receptors occupied in outdoor sport where views are not important or at their place of work are often considered less susceptible to change.

Landscape sensitivity/susceptibility is determined with reference to the three-point scale and criteria outlined below:


 

 

LANDSCAPE SENSITIVITY AND VISUAL SUSCEPTIBILITY

CLASSIFICATION CRITERIA

High

Landscape of particularly highly valued character and scenic quality, considered very susceptible to relatively small changes e.g., within a designated Scenic Area, National Park, designed Landscape/garden or recognised as an iconic or important feature of the landscape. Receptors for which the view is of primary importance and are likely to notice even minor change.

Medium

Landscape of regional or local value, quality, or rarity, exhibiting some distinct features, considered tolerant of some degree of change e.g., within a locally designated landscape or with landscape elements of local importance. Receptors for which the view is important but not the primary focus and are tolerant of some change.

Low

Landscape of lower scenic quality, with few distinctive elements or valued characteristics and considered tolerant of a large degree of change e.g., out with any designated areas or within a degraded landscape. Receptors for which the view is incidental or unimportant and is tolerant of a high degree of change.

The sensitivity and susceptibility of the landscape and its viewers to absorb the impact of the proposal is considered to fall within the Low-Medium Sensitivity category on the three-point scale on the basis of the following:

a)      The site not has not been recognised as being of high scenic quality. The land does not comprise an area of scenic value per Council’s Scenic Protection Map 2011, is not a national park, an architecturally designed landscape or associated with any significant person.

b)      The golf course was not part of the setting of the adjoining hospital precinct nor part of the designed landscape as evidenced by historic photographs by NSW Spatial Services.

c)       The trees on the land are primarily exotic species, mainly radiata pine which are not considered to be a high quality or rare species. The radiata pine is a fast-growing tree species in Australia and as a result they are typically used for timber production and large-scale wind breaks. Notwithstanding, the trees at the site have matured to a size and scale that are considered to provide some aesthetic value to the immediately locality.


 

d)      Based on the surrounding land uses, visual receivers are largely considered to be transit in nature i.e., those traveling by vehicle along Forest and Huntley Roads, and those in the area for limited periods for work or recreation purposes. These receivers are considered to have low sensitivity to the change in the landscape as their visit to the area is generally not focused on the landscape or view. The residential properties located on the northern side of Sir Jack Brabham Park are screened by vegetation and have no direct view of the site or tree canopy. These properties are also considered to have low sensitivity to the proposed tree removal. Those who utilise the area for walking may have a medium level of sensitivity to the tree removal where their interest is likely to be focused on the landscape.

In addition, a viewpoint assessment has been carried out by Council strategic planning staff to determine the visual effect of the tree removal on the landscape. The viewpoint assessment also includes an indicative envelope of the proposed sports stadium for context. Viewpoints have been selected to be representative of a few key views around the study area including from within the Bloomfield north site and Forest and Huntley Roads. It needs to be noted that the viewpoint assessment has been undertaken with the information provided as part of the development application. Survey information, proposed levels and further resolution of the design will be required to understand the visual impacts of the proposed stadium buildings. Further analysis should be undertaken at the design phase.

The extent of the visual effects of a proposal is determined by the magnitude of landscape change. The magnitude of landscape change refers to the extent to which the proposed developments would alter the existing characteristics of the landscape and combines judgements on; size or scale of effect, geographical extent of the area influenced, duration/reversibility and its proximity to the viewer.

Changes to landscape characteristics can be both direct and indirect. Visual effects are considered to be direct effects as the magnitude of change within an existing view will be determined by the extent of the visibility of the proposed tree removal. The following criteria is used to determine the magnitude of visual change:

MAGNITUDE

CLASSIFICATION CRITERIA

Negligible

The development will cause a barely discernible change in the existing view

Low

The development will cause very minor changes to the view over a wide area or minor changes over a limited area

Moderate

The development will cause minor changes to the existing view over a wide area or noticeable change over a limited area 

High

The development will cause a considerable change in the existing view over a wide area or a significant change over a limited area

 


 

 

Viewpoint Assessment

Reference Plan

View 01: Forest Road (Existing)


 

View 01: Forest Road (Proposed).

Views into the site from Forest Road will be largely screened by the existing periphery vegetation. It is likely that there will be little to no impact upon the existing landscape character for this streetscape if the development were to proceed.

Magnitude of change: Moderate

View 02: Bloomfield Entry Road (Existing)


 

View 02: Bloomfield Entry Road (Proposed).

Views into the site from this location is considered to result in the site being viewed as a continuation of the existing Jack Brabham Park in the medium term while additional tree plantings along the boundary mature.

Magnitude of change: Moderate

View 03: Bloomfield North Site (Existing)

 


 

View 03: Bloomfield North Site (Proposed)

Due to the separation between the site of the tree removal and intervening vegetation on the Bloomfield north site, it is not considered that the proposed development will have a significant adverse impact on the landscape, views or scenic quality.

Magnitude of change: Negligible

View 04: Huntley Road (Existing)

 


 

View 04: Huntley Road (Proposed)

The extent of the tree removal from this location would be more noticeable due to limited boundary vegetation. Receivers at this location would be transit in nature. Again, additional boundary plantings will be provided.

Magnitude of change: Moderate-High

In summary, the foregoing assessment demonstrates that the aesthetics and values of the landscape can tolerate the loss of the vegetation while still retaining a reasonable standard of visual amenity. Replacement plantings will be provided as indicated on the Masterplan, which will mitigate much of the vegetation loss and associated visual impacts in the medium-long term. The retention of the periphery plantings particularly along Forest and Huntley Roads and the boundary with the Bloomfield health precinct will retain substantial tree canopy in the streetscape/landscape in the short term while new plantings mature. Design resolution through the use of architectural features and varying materiality will need to be further developed and assessed in subsequent development applications to ensure visual impact of the sports stadium is limited.

Air and Microclimate

Microclimate is defined as the small-scale aspect of climate; that is, the climatic conditions that exist in an area that may only be of a relatively small expanse. Microclimate concerns temperature; heat reflection, air turbulence, areas exposed to or sheltered from sunlight wind, frost or fog and can be altered by many factors including vegetation cover and the built environment.

Microclimate regulation and Urban Heat Island Effect mitigation are considered to be two of the most important services of vegetation in an urban environment. It is widely acknowledged, as reported through scientific studies and literature, that urban greenery, especially trees, can positively affect outdoor microclimate and moderate the urban heat island effect in the summer. The shade of trees or taller shrubs can attenuate solar radiation which can decrease air temperature and reduce considerably the solar radiation income of the ground and other surfaces in the shade, thereby altering local climates and comfort levels[1].


 

It has been a major concern of many submission writers that the removal of a large proportion trees/vegetation from the site would significantly disrupt the microclimate (and the Orange climate in general) as well as exacerbating the Urban Heat Island Effect. However, it is expected that the proposed vegetation removal would have a neutral impact on climate and the urban heat island effect as discussed in detail below.

The NSW Office of Environment and Heritage Urban Green Cover Technical Guidelines define the UHI Effect as:

The localised warming due to the increase in the large amounts of paved and dark coloured surfaces like roads, roofs, and car parks as a result of urban development. The sun’s heat is absorbed, not reflected, and causes the surface and ambient temperatures to rise. Anthropogenic heat production, such as the heat produced through car engines and air conditioners also contribute to the Urban Heat Island Effect.

Therefore, the main features that modify radiant heat levels and contribute to the UHI relate largely to the change of nature and composition of surface materials within the environment. This is of a particular concern in built up areas e.g., residential estates, industrial areas, and town centres where buildings and hard surfaces absorb the sun’s heat and then radiate it back into their surroundings. Retaining and establishing tree canopies and vegetation in these areas is particularly important as they intercept and dissipate incoming solar radiation, cooling surrounding air temperature thereby improving human comfort levels and reduction of the need to utilise mechanical cooling or heating.

However, the proposed development would not considerably change the nature and composition of the surface materials at the site i.e., the future sports facility will not involve the construction of vast amounts of paved and dark coloured surfaces. While the Masterplan indicates a total of five (5) hardstand carpark surfaces, internal access roads and roof surfaces for the stadium buildings, this only represents approximately 2.2% of the site area with the balance remaining as green open space and tree cover.

Notwithstanding, the site in its current state is expected to contribute to some cooling benefits for the immediate locality. This is known as the Park Cool Island (PCI) Effect. While extent of this effect depends on the type and amount of vegetation and whether or not irrigation is used, studies have shown that a medium sized park (26ha) can have a cooling effect for a distance if up to 860m from its boundaries in the morning and up to 200m in the afternoon and evening[2]. Although there will be a reduction in the overall tree cover at the subject site in the medium-long term, it only represents 4.8% of the total substantial tree canopy cover within approximately 1km radius of the site (Figure 7). Consequently, the trees to be removed are expected to have a negligible influence on the cooling benefits that would otherwise be produced by the significant vegetation cover/tree canopy that will remain in the locality. The introduction of new trees at the site is also expected to offset any potential air and microclimate effects over time resulting in a neutral impact.


 

It is also worth noting that the Environmental Protection Agency Reducing Urban Heat Islands: Compendium of Strategies report provides that open sporting fields (grassed areas with reduced tree canopy) still produce cooling benefits between 1 and 2oC cooler than over boarding areas.

Lastly, emissions of dust and odour/ fumes from the use of tree removal equipment is expected; however, these impacts would be relatively localised, short term and only for the duration of the works. Conditions of consent are recommended for dust suppression during demolition works to protect the air and microclimate. Long-term discernible impacts on air quality or on the microclimate of the locality is not expected.

Figure 8 – Substantial Tree Cover in the Locality

Social Impacts

Social impacts are the consequences that people experience when a new project brings change. This may involve changes to people’s way of life; community; access to services; culture; health and wellbeing; surroundings; personal and property rights; decision-making systems; and fears and aspirations about one or more of these things, or the future of their community.


 

The health and wellbeing and social equity aspect are of particular importance to the community as evidenced by the high number of submissions received concerning these matters. Social equity is a concept concerned with the fair and equitable provision and implementation of services/facilities, programs, and policies. It is largely perceived that the proposed tree removal and the future conversion of the site to a structured sporting facility would result in the loss of informal and unstructured green open space/parkland for passive exercise, play and socialising within the City. However, it is necessary to point out that the land has historically been used for private recreational purposes since the 1980s i.e., available only to those who held exclusive membership with the orange ex-services country club and has not been available to the public for any passive recreational purposes. Therefore, the community is expected to benefit from the proposed future redevelopment of the site, which will provide greater accessibility and useability for all members of the community. Although the Masterplan indicates that the site will primarily cater for active recreational users, the Masterplan also provides pathways around the perimeter, which encourages passive recreation such as walking, jogging etc. The advantage of having different opportunities (or activations) within a single larger park means the space can cater for a range of needs and attract a broader user base, which in turn helps to create a sense of community, encourages interaction/social participation and social cohesion. Furthermore, the immediate locality includes a number of unstructured public recreation spaces such as Gosling Creek, Hinton Park and Black Sallee Reserve which are available for those seeking passive recreation opportunities.

The health and wellbeing concerns primarily relate to impacts on hospital patients, visitors and staff and their access to green open space and parkland for mental and physical health e.g. psychological relaxation, stress alleviation, physical activity etc. However, it must be emphasised that the extent of the proposed tree removal will be located on the northern side of the entry road that formally divided the golf course (the area immediately adjoining JB Park); thus, the proposal has minimal interaction with the hospital precinct and will not reduce the amount of greenspace/parkland that has normally been available to hospital users prior to the closure of the golf course. Furthermore, views/outlook to vegetated areas from the hospital building will be maintained as evidenced by the visual analysis undertaken above.

In summary, the proposal is not anticipated to have any adverse impacts on people’s way of life, their health and wellbeing, culture or sense of community and access to recreation facilities.

Economic Impacts

The economic benefits and costs of the tree removal would have minimal implications in terms of employment or business generation, economic income etc. It is noted that it is now possible to determine the economic values of trees utilising various formula or software programs. However, Council has not adopted policy for an appraisal system for valuing trees at this stage, and thus further consideration on this matter is not warranted.


 

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

The subject land is considered to be suitable to undertake the proposed development due to the following:

·    The development is permissible and compliant with the relevant provisions of the LEP.

·    The development is considered to be satisfactory in regard to Section 4.15 of the Environmental Planning and Assessment Act 1979.

·    The potential impacts of the development can be managed appropriately through the conditions of consent.

·    The development of the site will not create significant adverse impacts on the context and setting of the area.

·    The development of the site will not detrimentally affect adjoining land and is unlikely to lead to land use conflicts.

·    The subject land has no significant biodiversity or habitat value.

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

The development was notified to adjoining landowners and publicly advertised from 11 December 2020 to 5 February 2021 in accordance with the Orange Community Participation Plan 2019. During the notification/exhibition period 177 submissions were received – 163 objections and 14 in support. The submissions have been considered by Council officers and key themes have been identified as either concerns from those submissions that are in opposition to the development, and comments of support for those submissions in support of the development. This analysis of submissions is shown in the attached submissions consideration matrix.

Submissions in Support of the Proposal

The issues raised in the supporting submissions are summarised as follows:

·    Economic benefits – increased visitor numbers to the city which in turn will see increased spending in local businesses – food, drink, accommodation etc.

·    Site suitability and compatibility - location, proximity to services/other complementary recreation facilities, accessibility, and convenience.

·    Opportunity to provide much needed sporting facilities for the City.

The issues raised in support of the proposal are noted by Council staff.

Submissions Against the Proposal

The issues raised in the opposing submissions are summarised and addressed below as key themes:


 

Theme 1 – Site Selection/Alternate Sites

The vast majority of submissions objecting to the development raised poor site selection as an issue and suggested that alternative sites should be considered for the future sports stadium in an effort to retain the established trees on the subject site.

On this matter, Council staff can only assess the development before it, which is tree removal. Notwithstanding, even if the proposed sporting facility were before Council, justification of need and exploration of alternative sites would not be required to be undertaken. Proponents are only required to provide assessment of any alternatives where an Environmental Impact Statement (EIS) is required – the future sporting facility would not require an EIS. Council only needs to be satisfied that the site is suitable for the proposed development and not consider if there are better/more desirable locations. For the purposes of general information, the background information section of this report provides a brief outline as to how and why the site was selected for the future sporting precinct.

Theme 2 – Impacts upon Landscape Character, Views, Aesthetics and Amenity

Impacts on the landscape character, views, aesthetics, and amenity have been considered in the forgoing assessment under s4.15(1)(b) likely impact of the development – visual impact and landscape character. The analysis found that the proposal would result in a low-medium level of impact in terms of the sensitivity and susceptibility of the landscape and its viewers to absorb the proposed change. This was largely based on the fact that visual receivers were transit in nature (those traveling by vehicle along Forest and Huntley Roads, and those in the area for limited periods for work or recreation purposes), distance to residential land, and significance and quality of the vegetation. Furthermore, the viewpoint assessment concluded that the aesthetics and values of the landscape can tolerate the loss of the vegetation while still retaining a reasonable standard of visual amenity. The retention of the trees along the periphery and the proposed replanting are considered to be sufficient measures to mitigate the visual impacts.

Theme 3 – Alternative Use/Additional Activations

A high number of submissions stipulate that the land should be utilised for unstructured/passive recreation due to the limited number of passive recreation facilities within the City. The submissions also state that there is an opportunity to take advantage of the established vegetation on the site and grow the site into another park similar to Cook Park in the Orange CBD or Centennial Park in Sydney.

On this matter, Council staff can only assess the development before it. Investigation of alternative uses of the site is not a matter for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. It should however be noted that although the Masterplan for the site indicates that the land would principally accommodate organised sport and structured activity, there is an element of the proposal that can cater for informal recreational activities in the form of pathways that can be utilised for walking, jogging etc.


 

Theme 4 – Reduction/loss of greenspace and parkland

It is largely perceived that the removal of the trees on the site and the future development of the land to a structured sporting facility, would result in the reduction or loss of the City’s publicly available green open space and parkland. However, this is not considered to be the case. Parkland refers to land that has been reserved for the purpose of formal and informal sport and recreation and/or preservation of natural environments such as bushland, wetlands, river, and coastal foreshore systems. Therefore, even though the land is expected to be repurposed as a structured sporting facility in the future, it will remain as parkland/open space. Furthermore, the proposed future re-development of the site would effectively increase the amount of public space within the City and recreational opportunities for the general public due to fact the land has been privately leased since the 1980s and not open to the general public.

Theme 5 – Traffic, Parking and Transport Impacts

Traffic, parking, and transportation issues have been raised in many submissions. The primary concerns are that the future sporting precinct will significantly exacerbate existing traffic problems along Forest Road, including delaying emergency vehicles and insufficient onsite parking facilities to accommodate major events resulting in parking deficiency at the hospital site. These are valid concerns and will need to be addressed by the proponent in any forthcoming development application for the sporting facility. This will need to include a comprehensive Traffic Impact Assessment (TIA) and stakeholder engagement with Transport for NSW, NSW Health, and other relevant parties.

Theme 6 – Environmental Impacts

The bulk of submissions objecting to the development raised environmental impacts as a major concern resulting from the tree removal particularly in relation to impacts on microclimate, air temperature, and urban heat island effect. The impact of the tree removal concerning these maters have been addressed in the forgoing assessment under s4.15(1)(b) likely impact of the development – air and microclimate. The assessment found that the trees to be removed only represents 4.8% of the total substantial tree canopy cover in the area and their removal would not adversely alter the air temperature and microclimate including any cooling benefits provided by the vegetation within the locality. It was considered that any impacts can be suitably offset by the proposed replanting. Further, the analysis looked at the issue of urban heat island effect and it was determined that the main features that contribute to this phenomenon is the change in surface materials within the urban environment e.g., paved, and dark coloured surfaces like roads, roofs, and car parks. It was noted the change in surface materials and introduction of built form at the site for the future sports precinct represents only 2.2% of the total site area and thus considered to have negligible influence on the urban heat island effect.

Theme 7 – Impact on Biodiversity

Concerns have been raised that the removal of the trees would have a significant impact on flora and fauna species including habitat loss. A comprehensive biodiversity assessment report has been prepared by ecologist Dr Colin Bower to assess the impacts of the proposal on these matters. The report concluded that the proposal would not have an adverse impact on fauna or flora species and associated habitats.


 

Theme 8 – Contamination

Matters concerning contamination have been addressed in the assessment report and via conditions of development consent.

Theme 9 – Noise

Noise impacts have been raised in some submissions. The concerns raised relate to the operation of the future sporting facility. These are valid concerns; however, this DA relates only to tree removal. Noise impacts will need to be addressed in the forthcoming development application lodged for the sporting facility. The proponent will be required to prepare a Noise Impact Assessment (NIA) in line with NSW EPA Guidelines and Australian standards and demonstrate that operational noise would be within reasonable levels and or provide suitable mitigation measures.

Theme 10 – Heritage

Submissions received concerning heritage matters relate principally to the perceived significance of the trees. Many are concerned that the trees to be removed are those within institutional parkland that forms the primary setting of the hospital precinct. However, this is not the case. The trees to be removed are located on the northern side of the entry road that formally divided the golf course (the area immediately adjoining JB Park). The trees identified to be removed were planted to mark out fairways and golf greens and to provide screening and protection along the periphery of the site for golfing activities. These trees are believed to have been planted in the late 70s and early 80s and comprise mainly radiata pine. The Heritage Impact Statement submitted with the development application confirms that these trees have no heritage value. The Elm trees located along the northern entry road which are considered to have heritage value will be retained and will be protected by tree protection zones during works.

Furthermore, the subject development was treated as integrated development pursuant to Clause 4.46 of the Environmental Planning and Assessment Act 1979 requiring approval from Heritage NSW. Following a rigorous assessment by the heritage office, general support was given to the removal of the trees from the site; however, the heritage approvals committee resolved at this stage to only grant approval for the removal of trees in the immediate area of the indicative stadiums. The removal of the reminder of the trees is subject to the submission of a satisfactory landscape plan. This was to ensure the new buildings, civil works and landscape design respects the heritage character of the place without dominating the landscape setting that contributes to the state heritage listed Bloomfield hospital precinct

Theme 11 – Economic Impacts

Submissions received on this issue request that an economic valuation to be undertaken to determine the monetary value of the trees, taking into consideration their historic importance, quality and state of health, the social and environmental benefits they afford, and the cost associated with their removal against the cost associated with maintain them. As discussed in the forgoing assessment, Council has not adopted a policy for an appraisal system for valuing trees at this stage, and thus is not a matter that requires consideration as part of the Council’s assessment process. Notwithstanding, matters concerning historic importance, health, social and environmental issues have been addressed elsewhere in the report.

Theme 12 – Social Impacts

Social Impacts have been addressed under the forgoing assessment under s4.15(1)(b) likely impact of the development – social impacts. The proposal is not anticipated to have any adverse impacts on people’s way of life, their health and wellbeing, culture or sense of community and access to recreation facilities.

Theme 13 – Water Security

A few submissions suggest that state government grant money should be spent on water storage infrastructure instead of a sporting facility. Determining where grant funding should or should not spent is not a matter of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. Other submissions raise concern that the sporting facility would require significant water resources and given current deficiency in the City’s water security, a high-water use development should not be permitted. The current application is for tree removal only and will have nil impact on Council’s water supply. Notwithstanding, Council’s parklands are generally supported by recycled or bore water sources and water supply for domestic, commercial, or industrial consumption is not affected.

Theme 14 – Permissibility, Conflict of Interest, Community Participation

A few submissions contend that the tree removal should not be considered as a standalone development application when it is clearly a stage of a larger development (as referenced in SoEE) and thus one Development Application should have been lodged that covers all aspects of the intended development on the land to completely understand the entirety of the impacts (traffic, noise etc.) associated with such a development, for consideration and approval by the independent planning panel. Other submissions also raise lack of community consultation regarding the project and conflict of interest (Council as both proponent and assessor and perceived pre-determination).

Although the proposed tree removal is inevitably linked to a proposed future sporting facility, the sporting precinct is only a concept at this time and may change following consultation with relevant stakeholders. The inclusion of the Masterplan for the future sporting facility in the current DA was necessary to provide some context for the proposed tree removal, however not a requirement. Despite that the documentation submitted with the application suggests that the DA is a stage of the sporting facility, the application before Council is not a ‘staged development’ pursuant to the Environmental Planning and Assessment Act 1979. The proponent has only sought development consent for demolition (tree removal) which is a permitted activity in its own right. While some submission also argue that without involving the future sporting precinct in the application, there is no plausible or valid reason to remove the trees; however, Council does not need to consider if there is a ‘valid reason’ for a development to occur, Council need only to consider the relevant heads of consideration under the Section 4.15 of the Environmental Planning and Assessment 1979 of which a ‘valid reason’ is not one. The relevant matters concerning this DA have been assessed in the forgoing report with a particular emphasis on the environmental impacts. Consideration of matters including traffic, noise, built form, visuals etc. that have been raised concerning the future sports precinct will need to be considered once an application has been lodged for that development.


 

Lastly, the proposed tree removal does not represent regionally significant development in it is own right and thus Orange City Council is considered to be the consent authority for this application. Should any subsequent development application lodged for a sporting facility on the land that meets the threshold for regionally significant development, the Western Regional Planning Panel will be the determining authority for that application.

With regards to community consultation, Council encourages proponents to liaise with adjoining property owners, community groups or other affected parties in the planning and design of a development proposal; however, there is nothing in legislation that requires a proponent to carry out such consultation. The current development application was notified and advertised in accordance with Council’s Community Participation Plan for development applications of this nature. A public forum was also held.

For matters concerning conflict of interest, due process has been followed where Council is both the proponent and assessor. This included an independent consultant to prepare the DA documentation, public notification and advertisement, referrals to relevant government agencies, internal assessment by Council’s town planning staff including consideration of public submissions and report with recommendations to a Council meeting for consideration and determination.

PUBLIC INTEREST s4.15(1)(e)

The proposed development is considered to be of moderate to high interest to the wider public due to the volume of public submissions received and the nature of the concerns raised. Notwithstanding this, the foregoing detailed assessment has demonstrated that the proposed development has demonstrated compliance with all of the relevant controls and has demonstrated that no significant amenity or environmental impacts will arise.

SUMMARY

This development application seeks Council's consent for demolition (tree removal) at Lot 1 DP 1142713 and Lot 209 DP 42900, 1610 Forest Road, Orange. The site is currently occupied by Sir Jack Brabham Park sporting fields (Lot 1) and the former Orange Ex-Services Country Golf Club (Lot 209). The tree removal is to facilitate the delivery of the Orange Regional Sporting Facility (ORSF). The future sporting facility on the land including bulk earthworks, erection of buildings, installation of services, landscaping, vehicle access/car parking etc. would be subject to separate development approval.

The development was treated as integrated development pursuant to Clause 4.46 of the Environmental Planning and Assessment Act 1979 requiring approval from Heritage NSW for the removal of trees within the bounds of a state heritage listed site. Following a rigorous assessment by the heritage office, general support was given to the removal of the trees from the site; however, the heritage approvals committee resolved at this stage to only grant approval for the removal of trees in the immediate area of the indicative stadiums at this time, and the removal of the reminder of the trees is subject to the submission of a satisfactory landscape plan. This was to ensure the new buildings, civil works and landscape design respects the heritage character of the place without dominating the landscape setting that contributes to the state heritage listed Bloomfield hospital precinct.


 

The removal of the remainder of the trees outside the immediate area of the indicative stadiums will need to be the subject of a separate DA for the wider civil works across the site. That DA will need to be accompanied by a detailed landscape master plan for further consideration by Heritage NSW.

Notwithstanding, this assessment report has considered the tree removal proposal across the entire site, with key considered given to the environmental impacts (biodiversity, air and microclimate), the visual/amenity implications; and social impacts. The assessment found that the tree removal across the entire site would not result in any adverse impacts, subject to compliance with recommended conditions of consent.

It is recommended that Council supports the subject development proposal and continues to work closely with NSW Heritage, Transport for NSW, NSW Health and other key stakeholders regarding the overall design of the future sporting precinct.

 

 

 

Attachments

1          Notice of Approval and NSW General Terms of Approval (amended), D21/37328

2          Plan, D21/36336

3          Indicative Plan - "Immediate Area of Stadiums", D21/37224

4          Response from Applicant Regarding Traffic Concerns, D21/36682

5          Submissions Matrix, D21/37284

6          Submissions, D21/36109

  


 

 


 


Extraordinary Council Meeting                                                                                           28 June 2021

Attachment 1      Notice of Approval and NSW General Terms of Approval (amended)

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Extraordinary Council Meeting                                                                                             28 June 2021

Attachment 2      Plan

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Extraordinary Council Meeting                                                                                             28 June 2021

Attachment 3      Indicative Plan - "Immediate Area of Stadiums"

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Extraordinary Council Meeting                                                                                           28 June 2021

Attachment 4      Response from Applicant Regarding Traffic Concerns

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Extraordinary Council Meeting                                                                                             28 June 2021

Attachment 5      Submissions Matrix

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Extraordinary Council Meeting                                                                                           28 June 2021

Attachment 6      Submissions

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Extraordinary Council Meeting                                                                   28 June 2021

3     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:

3.1     Submission Redactions

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 (e) information that would, if disclosed, prejudice the maintenance of law.

 

 


Extraordinary Council Meeting                                                                   28 June 2021

3.1     Submission Redactions

RECORD NUMBER:       2021/1328

AUTHOR:                       Nick Redmond, Acting Director Corporate and Commercial 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 (e) information that would, if disclosed, prejudice the maintenance of law.

 

 


Extraordinary Council Meeting                                                                   28 June 2021

4       Resolutions from closed meeting



[1] Wang, Y., Bakker, F., de Groot, R. et al. Effects of urban trees on local outdoor microclimate: synthesizing field measurements by numerical modelling. Urban Ecosyst 18, pp. 1305–1331 (2015)

[2] Algretawee, H., Rayburg, S., and Neave, M. The cooling effect of a medium sized park on an urban environment. International Journal of Geomate Vol. 11, Issue 26, pp. 2541-2546 (2016)