Agenda of Council Meeting - Tuesday, 17 August 2021

Extraordinary Council Meeting 17 August 2021

Attachment 1 27 July 2021 Extraordinary Council Meeting Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Extraordinary Council Meeting

HELD IN Online conferencing platform ZOOM due to COVID-19 requirements

ON 27 July 2021 (POSTPONED FROM 20 JULY 2021)

COMMENCING AT 7.00pm

1 Introduction

Attendance

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

Chief Executive Officer, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate Governance, Chief Financial Officer, Executive Support Manager, Manager Water & Sewerage Strategic (9pm).

1.1 APOLOGIES

RESOLVED - 21/236 Cr S Munro/Cr J Whitton

That the apologies be accepted from Cr Romano for the Council Meeting of Orange City Council on 27 July 2021.

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

Against: Nil

Absent: Cr Romano

It is noted the Council Meeting was held via the online meeting platform zoom due to the COVID19 Lockdown of the Orange, Cabonne and Blayney Local Government Areas during this period.

1.2 LIVESTREAMING AND RECORDING

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

1.3 OPENING PRAYER

Binu Naif of the Orange Hindu Association led the Council in Prayer.

1.4 ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted an Acknowledgement of Country.

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

Cr Munro declared a Significant Pecuniary interest in item 6.5 – Sale and Development – 103 Prince Street, Orange as an owner of property in the vicinity.

Cr McRae declared a Significant Pecuniary interest in item 6.5 – Sale and Development – 103 Prince Street, Orange as she owns a business and property in the vicinity of the site.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.05PM

5.11 - Part 5 Environmental Assessment East Orange Harvesting Wetland

· Ian Pearce spoke against this item

· Cilla Kinross spoke against this item

· Denis Marsh spoke against this item

5.12 - DA 138/2021 - 85-87 March Street

· Richard Southwell spoke in favour of this item

5.14 - DA 121/2021 - 46 Kite Street

· David Audley spoke in favour of this item

5.15 - DA196/2021 - 147 Lords Place

· Ed Hattersley spoke in favour of this item

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.36PM

2 Mayoral Minutes

2.1 Grieving Mother Statue

TRIM Reference: 2021/1620

RESOLVED - 21/237 Cr S Munro/Cr G Taylor

That this item be deferred for further consultation.

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

Against: Nil

Absent: Cr Romano

3 CONFIRMATION OF THE MINUTES OF PREVIOUS MEETING

RESOLVED - 21/238 Cr S Munro/Cr S Nugent

That the minutes of the Ordinary Meeting of Orange City Council held on 6 July 2021 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council Meeting held on 6 July 2021.

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

Against: Nil

Absent: Cr Romano

4 Notices of Motion/Notices of Rescission

4.1 Ageism - EveryAGE Counts Campaign

TRIM Reference: 2021/1458

RESOLVED - 21/239 Cr K Duffy/Cr J Whitton

That Council resolves:

1 That Council agrees that we are deeply concerned about the profound impact of ageism on our communities. We recognise that ageism can negatively impact the job prospects, confidence, health, quality of life and control over life decisions of our constituents. Ageism can limit people from participating in our communities as full citizens. Ageism also has proven negative impacts on the physical health, mental health and longevity of our constituents.

2 To support the EveryAGE Counts campaign to end ageism and join with others in our communities to create a society where every person is valued, connected and respected, regardless of age.

3 To Take the Pledge to stand for a world without ageism where all people of all ages are valued and respected, and their contributions are acknowledged. We commit to speak out and take action to ensure older people can participate on equal terms with others in all aspects of life.

4 To Encourage Council staff to Take the Pledge and to create opportunities in our communities to build awareness of ageism and its impacts.

5 To Promote Council’s signing of the pledge to end ageism amongst residents and raise awareness of the impacts of ageism.

6 To Inform relevant Federal and State parliamentarians of our support for EveryAGE Counts and that we have taken the pledge to end ageism.

7 That Council Launch and Promote International Day of the Older Person for 1 October 2021.

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

Against: Nil

Absent: Cr Romano

4.2 Timaru Council

TRIM Reference: 2021/1459

Motion Cr K Duffy/Cr G Taylor

That Orange City Council take up the numerous offers we have had from Timaru Council to have a Return visit.

AMENDMENT Cr S Nugent/Cr T Mileto

That Council explore the costs, benefits and timing for a visit to Timaru as per the policy.

For: Cr Mileto, Cr Nugent

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

Absent: Cr Romano

THE AMENDMENT ON BEING PUT WAS LOST

FORSHADOWED AMENDMENT Cr R Turner

That a report be presented to the new Council with the history of the Sister City relationships.

THE FORSHADOWED AMENDMENT WAS WITHDRAWN

THE MOTION ON BEING PUT WAS CARRIED

RESOLVED - 21/240 Cr K Duffy/Cr G Taylor

That Orange City Council take up the numerous offers we have had from Timaru Council to have a Return visit.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Taylor, Cr Turner, Cr Whitton

Against: Cr Mileto, Cr McRae, Cr Nugent

Absent: Cr Romano

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2020/2576

RESOLVED - 21/241 Cr J Hamling/Cr S Munro

1 That the resolutions made by the Planning and Development Committee at its meeting held on 6 July 2021 be noted.

2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 6 July 2021 be noted.

3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 6 July 2021 be noted.

2 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 6 July 2021 be noted.

4 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 6 July 2021 be noted.

5 That the resolutions made by the Finance Policy Committee at its meeting held on 6 July 2021 be noted.

6 That the resolutions made by the Services Policy Committee at its meeting held on 6 July 2021 be noted.

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

Against: Nil

Absent: Cr Romano

5.2 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions.

TRIM Reference: 2021/246

RESOLVED - 21/242 Cr S Munro/Cr S Nugent

That the information provided in the report by the Director Corporate and Commercial Services on Outstanding and Completed Notices of Motion, Questions of Notice and Matters arising be acknowledged.

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

Against: Nil

Absent: Cr Romano

5.3 Policy Review - Post Exhibition - Single-Use Plastics

TRIM Reference: 2021/1535

RESOLVED - 21/243 Cr S Munro/Cr S Nugent

That Council resolves to adopt Strategic Policy – ST149 – Single Use Plastics without amendment.

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

Against: Nil

Absent: Cr Romano

5.4 Pesticide Notification Plan - Adoption

TRIM Reference: 2021/1532

RESOLVED - 21/244 Cr R Kidd/Cr S Munro

That Council resolves to adopt the Pesticide Notification Plan as tabled.

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

Against: Nil

Absent: Cr Romano

Cr Nugent noted the report does refer to a number of changes to the plan and asked for a quick overview of what the changes were.

The Director Development Services stated changes related to the initial draft, where Council may have signage, risk assessment section was added, tweaking of words around breaking up the public sector, this version keeps it broad and the document done under guidance of EPA and is compliant with the EPA requirements.

5.5 Projects Activities July 2021

TRIM Reference: 2021/1454

RESOLVED - 21/245 Cr J Whitton/Cr G Taylor

That the information in the report on Projects be acknowledged.

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

Against: Nil

Absent: Cr Romano

QUESTION TAKEN ON NOTICE Cr J Whitton

Cr Whitton asked whether, following the recent rain, repairs to the roads could be undertaken through the general maintenance budget or additional funding would need sourcing.

5.6 Biz HQ

TRIM Reference: 2021/1404

RESOLVED - 21/246 Cr S Nugent/Cr T Mileto

That Council note the report on the proposed conversion of the Business Enterprise Centre from a NSW Incorporated Association to a Public Company Limited by Guarantee.

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

Against: Nil

Absent: Cr Romano

5.7 Statement of Investments - June 2021

TRIM Reference: 2021/1405

RESOLVED - 21/247 Cr K Duffy/Cr S Munro

That Council resolves:

1 To note the Statement of Investments as at 30 June 2021.

2 To adopt the certification of the Responsible Accounting Officer.

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

Against: Nil

Absent: Cr Romano

5.8 Mt Canobolas Mountain Bike Trail

TRIM Reference: 2021/1435

RESOLVED - 21/248 Cr J Hamling/Cr R Turner

That the report on the Mt Canobolas Mountain Bike Trail be noted.

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

Against: Cr Nugent

Absent: Cr Romano

5.9 Orange Regional Sports Precinct - Next Steps

TRIM Reference: 2021/1564

RESOLVED - 21/249 Cr J Hamling/Cr G Taylor

That Council note the report on the on the next stages of the Orange Regional Sports Precinct project.

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

Against: Cr Nugent

Absent: Cr Romano

Cr Mileto asked with initial removal of trees if it is it going to be a local company undertaking the works and if not local will they be from a COVID hotspot eg. Sydney and potentially hold up the process.

The Director Community, Recreation & Cultural Services stated that the successful company is based in Blue Mountains and no significant delay envisaged. Council has received all their SWMS information and the major limiter is the ground conditions rather than physical location of contractors.

Cr Mileto asked with regard to the number of trees and potentially 6000 cubic metres of mulch, how much will remain on site and how much will go elsewhere.

The Director Community, Recreation & Cultural Services stated that timber will be taken off site and recycled (reused). Chipping will include branches and limbs. Some will stay on site and used in Council stockpiles around the city and some will be composted.

Cr Nugent commended staff on the report and updating the community on where things are up to. With the Section 60 approval received, is there any reason why we cannot wait until the approvals have been obtained for the overall design before we start removing the trees.

The Director Community, Recreation & Cultural Services stated that the State Government would like us to proceed with the project as soon as possible and get underway with works while the Heritage Office considers the landscape master plan to soon be submitted showing we have commenced the project.

Cr Hamling asked when it would be possible to commence works if the rain stops.

The Director Community, Recreation & Cultural Services stated contact had been made with the contractor to inspect the site however it is envisaged more information will be available towards the end of the week.

5.10 Library Overdue Fines

TRIM Reference: 2021/1563

RESOLVED - 21/250 Cr S Nugent/Cr S Munro

That Council resolves:

1 To abolish fees for overdue library materials from 1 August 2021;

2 Waive any existing overdue fees for library materials from 1 August 2021; and

3 For borrowers who lose, damage or keep library materials, the existing fine structure will continue to recoup the cost of both the item and the processing cost.

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

Against: Nil

Absent: Cr Romano

Cr Mileto asked why has there been an increase and if there is something Council can do better to change it.

The Director Community, Recreation & Cultural Services stated reminders are sent out to borrowers and it is easy to renew items online, however when people receive a fine they tend to not return to use the library. Overdue books need to be returned prior to additional borrowings being allowed and safe guards have been put in place to ensure books are returned or replaced with lost. It is not accurate that books can be borrowed and never have to be returned.

5.11 Part 5 Environmental Assessment East Orange Harvesting Wetland

TRIM Reference: 2021/1560

RESOLVED - 21/251 Cr K Duffy/Cr J Hamling

That Council approves the East Orange Harvesting Wetland (EOHW) in accordance with its obligations and powers under Part 5 of the Environmental Planning & Assessment Act 1979, subject to inclusion of additional recommendations of Entura dated 2 & 3 June 2021.

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

Against: Nil

Absent: Cr Romano

Cr Hamling noted speakers stated that the staff were happy to have further discussions, if this is an option why wouldn’t we defer it for that to occur.

The Director Technical Services stated that this is the REF component of the works, there is another section we go through for approvals under the Water Management Act through NRAR, they won’t start their process until we approve the REF – we have plenty of time to have discussions, as the application will be advertised for 28 days again by NRAR. I would not recommend to defer this REF as it will slow down the whole process.

Cr Nugent asked where the recommendations go if approved by Council.

The Director Development Services stated that a Review of Environmental Factors is generally self-determined by the proponent (Technical Services). Given public interest and scale of this proposal, Development Services have provided a peer reviewed of the REF for Council approval. There is no development consent, if Council adopts the REF, the mitigation measures identified within the REF become commitments to be complied with throughout the development.

Cr Mileto asked, if approved by NRAR, what consultation will occur with the downstream stakeholders if it is approved tonight.

The Director Technical Services stated that he has offered to meet weekly with Mr Pearce and happy to meet with a smaller group on a weekly basis up to the 3^rd week of the 4 week exhibition period by NRAR. If we still agree to disagree on mitigation measures, they are still free to put a submission to NRAR to consider. This wetland is off-stream and only holds 13 megalitres of water as a permanent storage and 30 Megalitres of storm storage – to put this into perspective, the current flow in the Blackmans’ Swamp is 62 megalitres – and more environmentally friendly than Ploughmans Wetlands with bypass flows remaining in the main channel.

Cr Mileto asked at what point will water be released from the wetlands.

The Director Technical Services stated that essentially it will act as a diversion and once flows are above 2 Megalitres base flow, flows are split into 2 directions– so if you had flows like today [62 Megalitres], 32 Megalitres would remain in the base channel and 32 Megalitres would be diverted into the wetland. The wetland will be full within 1.5 days starting from completely empty and any flow after that will spill over and join back into the Blackmans Swamp Creek system.

Cr Mileto asked how long it will take to develop the wetlands.

The Director Technical Services stated that the initial construction will be in order of 12 months. The NRAR approval may take 3 months. Looking at page 159 it shows a concept of the wetlands, it is not just a holding pond, it incorporates grassy meadows, extensive planting, walkways and community meeting areas etc. The community and land Council have also been consulted.

Cr Nugent asked if we approve this tonight when will we submit an application to NRAR.

The Director Technical Services stated Council had been in discussions with NRAR since February and the first application was submitted some months ago with a second application at the request of NRAR in the last week. NRAR will not process the application until the REF is approved.

Cr Nugent asked that once it is put on exhibition for 28 days, stakeholders will have an opportunity to put a submission to NRAR.

The Director Technical Services stated yes, administratively it may be a couple of weeks before NRAR places the application on exhibition and yes stakeholders will have time to put submissions to NRAR throughout the exhibition period.

5.12 Development Application DA 138/2021(1) - 85-87 March Street

TRIM Reference: 2021/1411

RESOLVED - 21/252 Cr J Whitton/Cr S Munro

That Council consents to development application DA 138/2021(1) for Dwelling Alterations and Additions (change of use from restaurant), Subdivision (two lot Torrens title), and Dwelling and Attached Garage (new construction – two storey) at Lot 1 DP 779381 – 85 March Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

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

Against: Nil

Absent: Cr Romano

5.13 Development Application DA 67/2021(1) - 11 Borrodell Drive

TRIM Reference: 2021/1417

RESOLVED - 21/253 Cr R Turner/Cr K Duffy

That Council consents to development application DA67/2021(1) for Subdivision (11 lot Torrens title and 5 lot Community title) at Lot 3 DP264431, 11 Borrodell Drive, Orange pursuant to the conditions of consent in the attached Notice of Determination.

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

Against: Nil

Absent: Cr Romano

Cr Mileto asked what the minimal lot sizes for the subdivision were.

The Director Development Services started there are two separate areas with an aim to get a balance and mixture of lot sizes. On the hill minimum sizes are approx. 1800sqm down to smaller sizes of 850sqm.

5.14 Development Application DA 121/2021(1) - 46 Kite Street

TRIM Reference: 2021/1497

RESOLVED - 21/254 Cr S Nugent/Cr J Whitton

That Council refuses development application DA 121/2021(1) for Carport Alterations (replace gate with roller door) at Lot 1 DP 84714 - 46 Kite Street, Orange pursuant to the reasons in the attached Notice of Refusal.

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

Against: Nil

Absent: Cr Romano

5.15 Development Application DA 196/2021(1) - 147 Lords Place

TRIM Reference: 2021/1529

RESOLVED - 21/255 Cr J Whitton/Cr S Munro

That Council consents to development application DA 196/2021(1) for Artisan Food and Drink Industry (change of use)and signage at Lot A DP 394144 - 147 Lords Place, Orange pursuant to the conditions of consent in the attached Notice of Approval with the removal of Condition 6 relating to parking contributions.

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

Against: Nil

Absent: Cr Romano

Cr Kidd asked if the application is approved, what happens if there is a change of use or becomes another business in 5 years’ time or became a restaurant open 7 days a week.

The Director Development Services stated that it would depend if there was a need for another development application, this is also a change of use application from a warehouse bringing a change in parking contributions through a more intensive use. What it could be used for in the future would depend on what can be considered exempt development otherwise it would require another development consent which would trigger parking contributions. It is based on the floor area of the premises similar to what has been shown in the report for the front bar area, so it would be similar calculations but dependant on the size of the floor space used for that particular use.

6 Closed Meeting

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

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

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

RESOLVED - 21/256 Cr S Munro/Cr K Duffy

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

6.1 2019-2021 Water Consumption Charges - 3 Lone Pine Avenue Spring Creek

6.2 2020/2021 Second and Third Quarter Water/Sewerage Charges - 36-40 Lords Place, Orange

6.3 2020/2021 Second and Third Quarter Water/Sewerage Charges - 212 Anson Street, Orange

6.4 Environmental Upgrade Agreements

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 (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it, (d)ii information that would, if disclosed, confer a commercial advantage on a competitor of the council and (d)iii information that would, if disclosed, reveal a trade secret.

6.5 Sale and Development - 103 Prince Street, Orange

6.6 Tender for Detailed Design of the Conservatorium and Planetarium

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

6.7 Tender for the construction of an ablutions block at the Canobolas Scout Camp

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

6.8 Submission Redactions

6.9 Industrial Land Sale

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

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

Against: Nil

Absent: Cr Romano

The Mayor declared the Extraordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.18pm

The Mayor declared the Extraordinary Meeting of Council resumed at 9.34pm.

7 Resolutions from Closed Meeting

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

6.1 2019-2021 Water Consumption Charges - 3 Lone Pine Avenue Spring Creek

TRIM Reference: 2021/1531

RESOLVED - 21/257 Cr T Mileto/Cr S Munro

That Council resolves:

1 That the water consumption charges levied on 3 Lone Pine Avenue Spring Creek be reduced pro-rata to what is considered normal consumption being 20 kilolitres per quarter, resulting in a reduction of $15,280.65 as detailed in table at the end of this report.

2 That the interest charges totalling $1,018.87 also be written off.

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

Against: Nil

Absent: Cr Romano

6.2 2020/2021 Second and Third Quarter Water/Sewerage Charges - 36-40 Lords Place, Orange

TRIM Reference: 2021/1521

RESOLVED - 21/258 Cr S Munro/Cr K Duffy

That Council resolves:

1 That the 2020/2021 water access charge of $1,721.21 be reduced to the equivalent of a 20mm water access charge being $275.44 per annum.

2 That the 2020/2021 sewerage charges levied based on the 50mm water service also be reduced based on a 20mm service.

3 That all future water access charges raised on 36-40 Lords Place Orange are levied based on a 20mm water service not a 50mm connection.

4 That the 2020/2021 second quarter water consumption charge of $3,757.50 be reduced to $0.00, and the sewerage charge of $3,423.54 be reduced to the minimum charge of $133.91.

5 That the interest charges raised as a result of the disputed charges be waived.

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

Against: Nil

Absent: Cr Romano

6.3 2020/2021 Second and Third Quarter Water/Sewerage Charges - 212 Anson Street, Orange

TRIM Reference: 2021/1536

RESOLVED - 21/259 Cr S Munro/Cr R Turner

That Council resolves:

1 That the 2020/2021 second quarter water consumption of $4,135.00 be reduced by 40% to $2,481.00, being a credit of $1,654.00.

2 That the 2020/2021 second quarter sewerage charges of $4,184.93 be reduced pro-rata to previous consumption to $722.18, being a credit of $3,462.75.

3 That the 2020/21 third quarter water consumption of $3,097.50 be reduced by 40% to $1,858.50, being a credit of $1,239.00.

4 That the 2020/21 third quarter sewerage charge of $3,199.31 be reduced pro-rata to previous consumption to $703.18 being a credit of $2,496.13.

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

Against: Nil

Absent: Cr Romano

6.4 Environmental Upgrade Agreements

TRIM Reference: 2021/1526

RESOLVED - 21/260 Cr S Nugent/Cr S Munro

That the Council support Environmental Upgrade Agreements and that Delegated Authority be provided to Councils Chief Executive Officer to begin offering them to eligible businesses within the local government area.

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

Against: Nil

Absent: Cr Romano

6.5 Sale and Development - 103 Prince Street, Orange

TRIM Reference: 2021/1488

Cr Munro declared a Significant Pecuniary interest in this item as an owner of property in the vicinity, was placed in the Zoom waiting room and did not participate in discussion or voting on this item.

Cr McRae declared a Significant Pecuniary interest in this item as she owns a business and property in the vicinity of the site, was placed in the Zoom waiting room and did not participate in discussion or voting on this item.

RESOLVED - 21/261 Cr J Hamling/Cr K Duffy

That Council resolves:

1 To proceed with the sale and development of 103 Prince Street, Orange in accordance with the terms in this report.

2 That permission be granted to affix the Council Seal on any relevant documentation.

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

Against: Nil

Absent: Cr Romano, Cr McRae, Cr Munro

6.6 Tender for Detailed Design of the Conservatorium and Planetarium

TRIM Reference: 2021/1399

RESOLVED - 21/262 Cr R Turner/Cr S Munro

1 That Tender F499-1 for the Detailed Design of the Conservatorium and Planetarium, be awarded to Brewster Hjorth Architects for their tendered price of $933,800.00 (Ex GST).

2 That permission be granted for the use of the Council Seal on any relevant document if required.

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

Against: Nil

Absent: Cr Romano

6.7 Tender for the construction of an ablutions block at the Canobolas Scout Camp

TRIM Reference: 2021/1581

RESOLVED - 21/263 Cr S Munro/Cr J Hamling

That Council resolves:

1 Tender F665-1 for the Construction of Amenities – Canobolas Scout Camp be awarded OMNI Building Group for their tendered price of $288,725.43 (Ex GST)

2 That permission be granted for the use of the Council Seal on any relevant document if required.

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

Against: Nil

Absent: Cr Romano

6.8 Submission Redactions

TRIM Reference: 2021/1445

RESOLVED - 21/264 Cr S Nugent/Cr K Duffy

That the information in this report be acknowledged.

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

Against: Nil

Absent: Cr Romano

6.9 Industrial Land Sale

TRIM Reference: 2021/1621

RESOLVED - 21/265 Cr J McRae/Cr T Mileto

That the CEO be delegated to enter options and finalise contracts for the sale of industrial land at 298 Clergate Road as per the detail in this report.

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

Against: Nil

Absent: Cr Romano

MATTER ARISING Cr K Duffy/Cr S Munro

Cr Duffy requested a letter be sent to the Minister for Local Government commending her on the postponement of the Local Government elections until December 2021 due to the COVID pandemic.

The Meeting Closed at 9.43PM

This is Page Number 34 and the Final Page of the Minutes of the Extraordinary Meeting of Orange City Council held on 27 July 2021.

Council Meeting 17 August 2021

Attachment 1 Outstanding Resolutions

Meeting and Date	Resolution	Action Taken
Council 1/10/2019	RESOLVED - 19/504 Cr K Duffy/Cr S Munro 1 That the report by the Manager of Corporate and Community Relations be acknowledged. 2 That Council continues to support the establishment of an asphalt plant in Orange when opportunities arise. 3 That discussion take place between the Chief Executive Officer, Director Technical Services, Cr R Kidd and Cr J Whitton.	Meeting to be scheduled. Also meeting Downer this week and Boral have shown renewed interest in submitting a DA for a plant at Shadforth's.
Council 17/12/2019	RESOLVED - 19/638 Cr S Munro/Cr S Romano That Council resolves not to write off the debt for Debtor Account 150 008 804, and the Chief Executive Officer be authorised to agree on a satisfactory payment plan.	To be finalised.
Council 17/12/2019	RESOLVED - 19/639 Cr S Nugent/Cr J Hamling That Council resolves not to write off the debt for Debtor Account 150 008 083, and the Chief Executive Officer be authorised to agree on a satisfactory payment plan.	To be finalised.
Council 18/08/2020	QUESTION TAKEN ON NOTICE Cr Mileto requested a risk audit report be provided to Council on the risk for all Council owned sporting amenity facilities with fibro/asbestos risks identifying a capital works list for repair.	Report to be provided
Council 6/10/2020	MATTER ARISING Cr Duffy requested that Council be provided with an update in relation to indigenous street names being added to signs.	Report to be drafted outlining GNB Guidelines.
Council 20/10/2020	RESOLVED - 20/365 Cr S Nugent/Cr J Hamling 1 That Council prepare a report on options available to achieve greater use of recycled materials in our roads and pavements, with particular reference to Local Government NSW’s publication Recycled Materials in Roads and Pavements: A Guide for Local Councils. 2 That Council requests the Central NSW Joint Organisation to research ‘Paving the Way’, the biggest local government-led procurement of recycled road-making materials in NSW history through a collaboration of 15 Sydney metropolitan councils led by the Southern Sydney Regional Organisation of Councils, and determine the relevance and applicability for the Central NSW JO.	Report to be provided to Council.
Council 2/02/2021	RESOLVED - 21/028 Cr S Nugent/Cr R Kidd 1 That Council investigate options for additional promotion of the Botanic Gardens and Adventure Playground precinct as a premier rest stop for travellers on the Northern Distributor. 2 That Council prepare a report on options for the triangular block of land to the west of the new Hill Street extension including the possibility of further tree plantings with the aim of enhancing and complementing the Botanic Gardens and Adventure Playground precinct.	Council to investigate options and report to Council.
Council 16/02/2021	RESOLVED - 21/044 Cr S Munro/Cr J Hamling That staff investigate the feasibility of a safe off road or shoulder cycle loop on Huntley and Forest Roads.	To be investigated.
Council 16/02/2021	RESOLVED - 21/043 Cr G Taylor/Cr J Whitton 1 That Council investigate the feasibility, viability, costs and funding options for the construction of a roundabout to replace the current traffic lights on the corner of the Northern Distributor Road and Telopea Way. 2 That a report be provided to Council, inclusive of a pedestrian access option.	To be investigated.
Council 2/03/2021	RESOLVED - 21/063 Cr J Whitton/Cr R Kidd That Council; 1 Create community awareness location maps of existing Automated External Defibrillators (AEDs). 2 Investigate a location app for AEDs. 3 Arrange community promotion to have businesses and other groups locate AED in their business or facilities for community access. 4 Investigate funding opportunities to assist in placing AEDs in strategic locations where there are zero AEDs nearby / community high use location in the accessible areas.	Investigations pending.
Employment and Economic Development Policy Committee 4/05/2021	QUESTION TAKEN ON NOTICE Cr Duffy asked how the city faired with the Job Keeper payments and what the impact has been on Council as well as if Council received any money from these payments.	Report to be provided.
Infrastructure Policy Committee 4/05/2021	RESOLVED - 21/130 Cr R Kidd/Cr K Duffy That staff review the need for traffic lights on Bathurst Road between the Wellness Centre on Allenby Road and Glenroi Avenue intersections and the need for the existing traffic lights in front of Kinross Wolaroi School	Investigation underway.
Council 18/05/2021	RESOLVED - 21/130 Cr S Nugent/Cr J McRae That Council investigate the logistics, costs and community interest in establishing a youth art trail around Orange including the following considerations: 1 promotion of a diversity of youth-led public art by First Nations young people and people from a variety of cultural backgrounds 2 mapping of existing youth-led/youth-supported public art works including the murals at the John Lomas Skate Park and Orange headspace, as well as the painted rocks in Glenroi’s Cootes Park 3 input from existing youth advisory groups such as Council’s Youth Action Council, Orange headspace’s Youth Reference Group and the Skate Park Committee 4 input from the Youth Services Interagency 5 identification of possible locations for additional youth-led/youth-supported public art works 6 consideration of a youth art trail ‘virtual tour’ with direction and videography by interested young people 7 consideration of a youth art trail brochure that would be available from the Visitors Centre.	To be prepared.
Council 18/05/2021	QUESTION TAKEN ON NOTICE Cr Mileto asked how many parks and reserves are in the Orange Local Government area and the total sizes of each.	Information to be provided.
Council 18/05/2021	QUESTION TAKEN ON NOTICE d Cr Kidd asked for further clarification on internal garbage charges and would like to confirm the actual amount below budget.	Information to be provided.
Services Policy Committee 1/06/2021	RESOLVED - 21/170 Cr R Kidd/Cr J Hamling 1 That Council develop plans and obtain detailed cost estimates for the establishment of a Native regeneration zone and walking / cycling trails on the eastern portion of the Lot 101 DP 1224248 as identified in 2019 Concept Masterplan; 2 Council make application for participation in the Emissions Reduction Fund; 3 A report on the outcome be provided to Council.	Investigation and options being developed for report to Council.
Council 15/06/2021	MATTER ARISING Cr S Munro Cr Munro asked that staff investigate options to secure the storm water drain in Matthews Park to make it safer for visitors to the park.	To be investigated.
Council 6/07/2021	RESOLVED - 21/223 Cr S Munro/Cr S Nugent That Council identify a minimum of two dead trees in the Orange LGA that could be utilised in the Blue Tree Project whereby these trees are painted blue in colour in an attempt to create awareness around mental health and suicide prevention.	Ongoing.
Council 6/07/2021	RESOLVED - 21/224 Cr S Munro/Cr T Mileto That Council allow the installation of a minimum of 15 blue park benches throughout Orange to assist with an initiative by the Orange Region Suicide Prevention Network to create a greater awareness of Mental Health and Suicide Prevention.	Ongoing.
Planning and Development Committee 6/07/2021	QUESTION TAKEN ON NOTICE Cr Kidd asked if the old cottage on the crest of the hill with the bull nose verandah and chimney on one end is part of an identified item in the heritage conservation plan.	Matter noted. Data base to be prepared for all business owners in the main street, Peisley street, Lords Place, Anson Street and Sale Street. Letter drop to be arranged
Infrastructure Policy Committee 6/07/2021	QUESTION TAKEN ON NOTICE Cr Duffy asked if a report can be provided to Council on the current status of the asset renewal program and whether there needs to be an adjustment to the budget to allow for the grading of country roads.	Will prepare report upon completion of the Transport Asset Management Plan review for 21/22.
Services Policy Committee 6/07/2021	MATTER ARISING Cr Taylor asked if staff could keep an eye on sandwich boards on footpaths in the CBA which are creating ongoing access issues.	Inspections to be undertaken.

Council Meeting 17 August 2021

Attachment 2 Completed Action

Meeting and Date	Resolution	Action Taken
Council 6/04/2021	RESOLVED - 21/120 Cr J Hamling/Cr S Munro That Council resolves to: 1 Endorse the taxi rank remaining in its existing position and the marked zebra pedestrian crossing being moved to midblock in Lords Place. 2 Endorse removing the proposed new loading zone, reducing the pop-up shops to one and removing a number of street trees from the design to minimise the loss of parking in McNamara Street.	Design change finalised. Work now under construction. Complete.
Council 20/04/2021	MATTER ARISING d Cr Kidd requested that a public awareness campaign be run on pedestrian safety using the islands and traffic awareness of the new islands.	The Road Safety Officer will create a digital public awareness campaign re pedestrian safety and use Council social media/website and the road safety social media options to ensure wide spread public awareness.
Council 15/06/2021	RESOLVED - 21/174 Cr K Duffy/Cr R Kidd That Council defers development application DA 126/2021(1) for Landscaping Material Supplies at Lot 640 DP 789668 - 16 Old Forbes Road, Orange, to allow for a site inspection.	Action completed.
Council 15/06/2021	RESOLVED - 21/163 Cr R Kidd/Cr S Munro That Council write to Edwina Bone congratulating her on her recent selection in the Australian Womens Hockey Team for the Tokyo Olympic Games.	Draft completed for Mayor's original signature. Signed and posted 6 July 2021. D21/41749. Action completed.
Council 15/06/2021	MATTER ARISING Cr Whitton asked that a Real Estate sign placed on the road verge on Forest Road be inspected and action taken to move the signage as it is obstructing the view of traffic at the intersection.	Director Development Services advised sign was removed 16 June 2021.
Council 15/06/2021	QUESTION TAKEN ON NOTICE Cr Kidd asked that staff investigate the installation of CCTV in Matthews Park to deter vandalism.	Director CRAC has contacted Local Police District to determine if CCTV was required in Matthews Park. Advised not a current need. Would utilise mobile CCTV if required.
Council 6/07/2021	RESOLVED - 21/197 Cr J Hamling/Cr S Munro That Orange Council resolve to commence development of The Conservatorium/Planetarium.	At the Council Meeting of 27 July Council resolved the successful tenderer for the design of the Conservatorium/Planetarium.
Council 6/07/2021	RESOLVED - 21/228 Cr S Munro/Cr J Whitton That Council resolves to: 1 Note the report from the Manager Business Development. 2 Develop a Memorandum of Understanding with Blayney and Cabonne Councils to manage the development of a regional Destination Management Plan. 3 Develop a regional Destination Management Plan. 4 Prepare new tourism services contract tender covering the period of 1 January 2022 to 31 December 2024.	Noted. NFA required. Draft MOU being finalised. RFQ for DMP to be issued. Tender for tourism services to be organised after completion of DMP. Action completed.
Council 6/07/2021	RESOLVED - 21/229 Cr S Munro/Cr K Duffy That Council resolves: 1 To advertise the proposed road closure in accordance with the requirements of the Crown Land Management Act. 2 That Council's Chief Executive Officer be given delegation to finalise determination for the road closure of part Wellwood Road, Orange post exhibition. 3 To proceed to sell that part of the road closed to the owner of 138 Malabar Road, subject to determination of any submissions received. 4 To grant approval for the use of the Council Seal on any necessary documentation.	Action completed.
Council 6/07/2021	RESOLVED - 21/230 Cr J Hamling/Cr S Munro That Council resolves: 1 That following requirements of the Local Government Act, Council enter into a 21 year lease of Lot 1 and Lot 3 DP 880736. 2 That permission be granted for the use of the common seal on all necessary documentation in relation to the lease.	Action completed.
Council 6/07/2021	RESOLVED - 21/231 Cr K Duffy/Cr S Munro 1 That Lot 60 DP 1274510 Mountain Vista Way Orange be classified as Operational Land pursuant to the Local Government Act 1993. 2 That authority be granted to affix the Council Seal on all necessary documentation.	Action completed.
Council 6/07/2021	RESOLVED - 21/233 Cr J McRae/Cr K Duffy That Council resolves: 1 The report from Manager Business Development be noted. 2 To proceed with the sale of 1 Summer Street and 160 Woodward Street Orange in accordance with the terms in this report. 3 That permission be granted for the use of the Council Seal on any relevant documentation.	Noted. COMPLETED, All applicants have been advised. Contracts being issued.
Council 6/07/2021	RESOLVED - 21/234 Cr K Duffy/Cr S Nugent That Council resolves to: 1 Approve the establishment of a new Roadbase Supply Panel under the Council’s Purchasing Policy. 2 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Boral Resources (Country) Pty Ltd, Charlmont Gravel Pty Ltd t/as Central West Gravel, Glenella Quarry Pty Ltd, Hanson Construction Materials Pty Ltd, Regional Quarries Australia Pty Ltd and Westlime Canowindra Pty Ltd for Supply of Roadbase and other Quarry Products as part of the panel. 3 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.	Letter of Acceptance sent to successful tenderers 9 July 2021 Contracts sent to all successful tenderers for execution.
Planning and Development Committee 6/07/2021	RESOLVED - 21/202 Cr J Whitton/Cr S Munro That Council consents to development application DA 128/2021(1) for Subdivision (two Lot Torrens title) and construction of two Dwelling Houses at Lot 129 DP 1237871 – 1 Scarborough Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Action completed.
Planning and Development Committee 6/07/2021	RESOLVED - 21/203 Cr J Whitton/Cr K Duffy That Council adopt Amendment 29 to the Orange Local Environmental Plan 2011 as exhibited.	Action completed.
Planning and Development Committee 6/07/2021	RESOLVED - 21/204 Cr K Duffy/Cr T Mileto That the attached Notice of Determination in relation to DA 284/2020(1) for demolition (existing dwelling and outbuildings) and Centre-based Child Care Facility at Lot A DP 365443 – 4 Kearneys Drive, Orange and the reasons for refusal therein as expressed by Councillors in the Planning Development Committee meeting held on 15 June 2021 be endorsed.	Action completed.
Planning and Development Committee 6/07/2021	RESOLVED - 21/205 Cr J Whitton/Cr J Hamling That Council resolves: 1 That Council acknowledge the attached site specific development controls and resolve to place the controls on exhibition for a period of 28 days with the development controls updated to include: Pylon signage around the site frontages (Leeds Parade and Northern Distributor Road) may be permitted as follows: - One free-standing sign pylon along the Northern Distributor Road frontage of the site, east of the new road intersection (already approved in DA 322/2019). - Two free-standing sign pylon signs along the Northern Distributor Road frontage of the site, west of the new road intersection - One free-standing sign pylon sign at the southern end of the site between Leeds Parade and the new road intersection. - The maximum height of the above pylon signs is 8 metres. The maximum width is 3 metres. Pylon or free standing signs are permitted within the site and are to be subject to the following requirements: - For single tenancy buildings/sites – 1 sign only; maximum height of 4.5 metres and maximum width of 1.5 metres - For multi-tenancy buildings/sites – 1 sign only as a directory panel which allows each tenant to identify their business. Maximum height of 6 metres and maximum width of 2 metres. Building signage is to integrate with the architectural design. Signage must not obliterate architectural features or project beyond the silhouette of the building. 2 That the draft Development Control Plans be provided to John Holland Rail and Transport for New South Wales. 3 That post exhibition the matter return to Council for consideration of submissions with a view to amending the Orange Local Environmental Plan 2004.	Action completed.
Infrastructure Policy Committee 6/07/2021	RESOLVED - 21/209 Cr G Taylor/Cr R Turner 1 That Council acknowledge the reports presented to the City of Orange Traffic Committee at its meeting held on 8 June 2021. 2 That Council determine recommendations 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7 from the minutes of the City of Orange Traffic Committee meeting of 8 June 2021. 3.1 That Council approve the Newcrest Orange Challenge event on 11 and 12 September 2021 subject to the attached Conditions of Consent. 3.2 That Council approve the closure of Byng Street (McNamara Street to Lords Place) on 1 October 2021 between 11.00am and 11.00pm in accordance with the Conditions of Consent for the Orange Wine Week Night Markets. 3.3 1 That the 2021 Altitude event to be held on Saturday 30 October 2021 be approved. 2 That the following condition be added to the Conditions of Consent: That the TCP shows a speed reduction to 40kph for vehicles where the pedestrians are crossing. 3.4 That Council approves the 2021 NAIDOC March subject to the attached Conditions of Consent. 3.5 That Council adopt the new line marking for Lone Pine Avenue, from Icely Road to Bathurst Road, as shown in the attached plan. 3.6 That Council endorse the CP00066 Lines and Signs layout for the intersection of March and Peisley Streets. 3.7 That Council install Give Way signs, hold lines and 30m of BB lines on Valencia Drive, Braeburn Crescent and Sunburst Street at the intersection with Jonathon Road, Orange. 3 That the remainder of the minutes of the City of Orange Traffic Committee at its meeting held on 8 June 2021 be adopted.	Letters sent to Event Organisers to advise that the Traffic Committee and Council have approved events. Events going ahead will depend on Covid restrictions.
Employment and Economic Development Policy Committee 6/07/2021	RESOLVED - 21/207 Cr R Kidd/Cr S Nugent That Council resolve to fund up to $20,000 towards Future City events to be held in local businesses located in the Future City CBD area.	Action completed.
Employment and Economic Development Policy Committee 6/07/2021	RESOLVED - 21/208 Cr S Nugent/Cr S Munro That Council provide $10,000 funding to Chugg Entertainment Pty Ltd for 2022 Squeeze Music Festival to be held at Heifer Station in Orange.	Action completed.
Environmental Sustainability Policy Committee 6/07/2021	MATTER ARISING Cr Taylor asked that staff inspect and repair the Lone Pine memorial.	Staff have undertaken initial works to remove storm damage. Council will continue to access the trees condition and options for repair / replacement.
Sport and Recreation Policy Committee 6/07/2021	RESOLVED - 21/212 Cr R Kidd/Cr S Munro That Council resolves: 1 To note the concerns of owners of adjacent properties 2 To adopt a position of passive appropriation of alternative access to Lake Canobolas 3 To adopt the balance of the plan as presented.	Concerns of owners of adjacent properties noted. A position of passive appropriation of alternative access to Lake Canobolas has been taken and balance of the plan has been adopted.
Finance Policy Committee 6/07/2021	RESOLVED - 21/215 Cr R Kidd/Cr R Turner That Council resolves 1 That Council provides Orange Indoor Tennis Club Incorporated a loan of a maximum of $55,000.00 unsecured at an interest rate of 1.5% repayable over a five year term in quarterly instalments. 2 That the loan be funded from Councils unrestricted cash. 3 This application be placed on public exhibition for a minimum of 28 days. 4 That the Chief Executive Officer be authorised to execute all relevant documents. 5 That approval be granted for use of the Council Seal on all relevant documents if required.	Report written to go to FPC 7 September 2021.
Finance Policy Committee 6/07/2021	RESOLVED - 21/217 Cr J Whitton/Cr S Nugent That Council resolves to fund Orange Business Chamber $2,000 for the 2021 Orange Business Awards.	Action completed.
Council 27/07/2021	RESOLVED - 21/254 Cr S Nugent/Cr J Whitton That Council refuses development application DA 121/2021(1) for Carport Alterations (replace gate with roller door) at Lot 1 DP 84714 - 46 Kite Street, Orange pursuant to the reasons in the attached Notice of Refusal.	Action completed.
Council 27/07/2021	RESOLVED - 21/257 Cr T Mileto/Cr S Munro That Council resolves: 1 That the water consumption charges levied on 3 Lone Pine Avenue Spring Creek be reduced pro-rata to what is considered normal consumption being 20 kilolitres per quarter, resulting in a reduction of $15,280.65 as detailed in table at the end of this report. 2 That the interest charges totalling $1,018.87 also be written off.	Action completed.
Council 27/07/2021	RESOLVED - 21/258 Cr S Munro/Cr K Duffy That Council resolves: 1 That the 2020/2021 water access charge of $1,721.21 be reduced to the equivalent of a 20mm water access charge being $275.44 per annum. 2 That the 2020/2021 sewerage charges levied based on the 50mm water service also be reduced based on a 20mm service. 3 That all future water access charges raised on 36-40 Lords Place Orange are levied based on a 20mm water service not a 50mm connection. 4 That the 2020/2021 second quarter water consumption charge of $3,757.50 be reduced to $0.00, and the sewerage charge of $3,423.54 be reduced to the minimum charge of $133.91. 5 That the interest charges raised as a result of the disputed charges be waived.	Action completed.
Council 27/07/2021	RESOLVED - 21/259 Cr S Munro/Cr R Turner That Council resolves: 1 That the 2020/2021 second quarter water consumption of $4,135.00 be reduced by 40% to $2,481.00, being a credit of $1,654.00. 2 That the 2020/2021 second quarter sewerage charges of $4,184.93 be reduced pro-rata to previous consumption to $722.18, being a credit of $3,462.75. 3 That the 2020/21 third quarter water consumption of $3,097.50 be reduced by 40% to $1,858.50, being a credit of $1,239.00. 4 That the 2020/21 third quarter sewerage charge of $3,199.31 be reduced pro-rata to previous consumption to $703.18 being a credit of $2,496.13.	Action completed.

Council Meeting 17 August 2021

5.6 Development Application DA 230/2021(1) - 24 Astill Drive

RECORD NUMBER: 2021/1627

AUTHOR: David Paine, Senior Planner

EXECUTIVE Summary

Application lodged	31 May 2021
Applicant/s	Mr H Harvey
Owner/s	Frigfreeze Pty Ltd
Land description	Lot 106 DP 1194589 - 24 Astill Drive, Orange
Proposed land use	Warehouse or Distribution Centre
Value of proposed development	$5,000,000
Site area	9252m²

The proposal is seeking development consent to construct a large scale industrial building and ancillary office building. The industrial building would be used for a warehouse/distribution centre and the office building will be used for administration to support the main use. The subject site is located within the IN1 General Industrial zone on a vacant industrial block in the Narrambla Business Park.

The development includes the construction of the proposed warehouse/distribution and office buildings, along with associated earthworks, landscaping and parking areas. Access to the site will be via a new driveway crossing on the southern side of the property (for car parking for 24 vehicles) and another separate larger driveway cross over on the northern side of the property (for larger rigid vehicles).

The proposal is seeking consent for a 24 hour operation 7 days a week.

A Section 4.15 assessment of the development indicates that the development as proposed is acceptable. Attached is a draft Notice of Approval for Council’s consideration.

It is recommended that Council supports the subject proposal.

Figure 1 - locality plan and site context

DECISION FRAMEWORK

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

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

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

DIRECTOR’S COMMENT

The proposal is seeking development consent to construct a large scale warehouse/distribution centre and ancillary office building. The proposal is seeking consent for a 24 hour operation 7 days a week. The proposed business will employ around twenty (20) staff.

Notable planning matters relate to building design, traffic, parking, landscaping and the proposed 24 hour operation. The applicant has suitably addressed the key DCP planning outcomes for industrial development. The planning assessment indicates that the development as proposed is acceptable subject to the adoption of the attached Notice of determination.

It is recommended that Council supports the subject proposal.

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 230/2021(1) for Warehouse or Distribution Centre at Lot 106 DP 1194589 - 24 Astill Drive, Orange pursuant to the conditions of consent in the attached draft Notice of Approval.

further considerations

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

SUPPORTING INFORMATION

THE PROPOSAL

The proposal involves the construction and operation of a Warehouse (Cold Storage) and Distribution Centre. The proposed operation will involve the delivery of frozen foods, fresh produce and general food to the site for storing in both ambient storage (dry store) and cold storage prior to its distribution.

The proposal is seeking approval for 24 hours a day, seven days a week operation. The site area is approximately 9,252m²and the Gross Floor Area of the building is 2,381m².

The proposal includes earthworks to enable construction of the building and includes an ancillary office space, car parking (24 spaces), landscaping and signage.

The proposed business will employ around twenty (20) staff and have car parking for twenty four (24) vehicles. Access for heavy vehicles be will gained via a new driveway at the northern end of the site fronting Astill Drive and a separate vehicle access to the car parking facilities will be provided at the southern end of the site (refer to Figure 3 below).

The applicant has provided the following statement in terms of visual presentation to Astill Drive:

‘The proposed Western elevation is the most prominent visual feature of the development and will present attractively to the primary street frontage to Astill Drive through landscaping, architectural detailing and appropriate colour palette reflective of the Bidfoods Australia corporate colour scheme. The ancillary office is designed to present as the key architectural feature of the west elevation. The approach to building façade treatment of the ancillary office is specifically defined by a colour scheme comprising of at least the different colours (Bidfoods blue, white and Bidfoods green) and varied high-quality durable materials, including features glazed windows and door openings, painted concreate tilt panels and Colorbond metal sheeting roofing and eaves.’

Figure 2 - Western elevation – fronting Astill Drive

Figure 3 - indicating for vehicles on the left and larger rigid vehicles on the right

MATTERS FOR CONSIDERATION

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

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

Having regard to the relevant provisions and based on an inspection of the subject property, it is considered that the proposed development is not likely to significantly affect a threatened species.

A Biodiversity Development Assessment Report is not required in this instance.

In this instance, site inspection reveals that the subject property has no biodiversity or habitat value.

Section 4.15

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

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

Orange Local Environmental Plan 2011

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

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

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

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

The application is considered to be consistent with the aims above as outlined in this report.

Clause 1.6 - Consent Authority

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

Clause 1.7 - Mapping

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

Land Zoning Map:	Land zoned IN1 General Industry
Lot Size Map:	Minimum Lot Size 2000m²
Heritage Map:	Not a heritage item or conservation area
Height of Buildings Map:	No building height limit
Floor Space Ratio Map:	No floor space limit
Terrestrial Biodiversity Map:	No biodiversity sensitivity on the site
Groundwater Vulnerability Map:	Groundwater vulnerable
Drinking Water Catchment Map:	Not within the drinking water catchment
Watercourse Map:	Not within or affecting a defined watercourse
Urban Release Area Map:	Not within an urban release area
Obstacle Limitation Surface Map:	No restriction on building siting or construction
Additional Permitted Uses Map:	No additional permitted use applies
Flood Planning Map:	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 subject site is located within the IN1 General Industrial zone. The proposed development is defined as a warehouse or distribution centre under Orange LEP 2011 and is permitted with consent in the zone.

Pursuant to the LEP dictionary:

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

The proposal also includes a business identification sign. Pursuant to the LEP dictionary:

Signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:

(a) an advertising structure,

(b) a building identification sign,

(c) a business identification sign,

but does not include a traffic sign or traffic control facilities.

As such, the business identification sign in the application is permissible in the zone.

The proposed development also includes ancillary office space (290m²) or 12% of the total floor area of the building. The proposed office space is considered ancillary to the proposed development – warehouse and distribution centre. The office space will be used for administration support for the operation of the Warehouse and Distribution Centre.

Clause 2.3 of LEP 2011 references the Land Use Table and Objectives for each zone in LEP 2011. These objectives for land zoned IN1 General Industrial are as follows:

1 - Objectives of the IN1 General Industrial Zone

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

· To encourage employment opportunities.

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

· To support and protect industrial land for industrial uses.

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

The proposed development is consistent with the above objectives.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

The application is not relevant to the standards of Part 4 of the LEP.

Part 5 - Miscellaneous Provisions

None of the matters outlined in Part 5 of Orange LEP 2011 apply to the development.

Part 6 - Urban Release Area

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

Part 7 - Additional Local Provisions

7.1 - Earthworks

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

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

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

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

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

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

(f) the likelihood of disturbing relics

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

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

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

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

The site is located within an area identified as containing naturally occurring asbestos (NOA) and a condition is recommended to ensure that NOA is appropriately managed and impacts controlled. The site is not known to be contaminated by any other means – refer assessment later in this report in respect of State Environmental Planning Policy 55 – Remediation of Land. No significant cut or fill is anticipated given the flat nature of the site. Conditions of consent are recommended to ensure that any fill used (if required) is clean fill from a legal source, and any surplus cut is disposed of at a lawful waste disposal site).

The site is not known to contain any Aboriginal, European or archaeological relics. Previous development of the site at subdivision stage for development purposes suggests that any relics are unlikely to be uncovered. However, a condition is recommended to ensure that should site works uncover a potential relic or artefact, works will be halted to enable proper investigation by relevant authorities and the proponent required to seek relevant permits to either destroy or relocate the findings.

The site is not in proximity to any waterway, drinking water catchment or sensitive area. A condition is recommended to require an appropriate erosion and sediment control plan to be implemented prior to commencement of construction, including silt traps and other protective measures, to ensure that loose dirt and sediment does not escape the site boundaries.

7.3 - Stormwater Management

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

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

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

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

The proposal has been designed to include some permeable surfaces to continue to absorb surface waters. A condition of consent is recommended to ensure that stormwater is adequately connected to the reticulated stormwater system provided to the site during the subdivision stage of development.

7.6 - Groundwater Vulnerability

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

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

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

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

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

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

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

The proposal seeks consent for development of the building for use as a warehouse or distribution centre. The proposal does not involve the onsite storage or disposal of solid or liquid waste and chemicals that would cause any groundwater contamination.

Clause 7.11 - Essential Services

Clause 7.11 applies and states:

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

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) storm water drainage or onsite conservation,

(e) suitable road access.

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

STATE ENVIRONMENTAL PLANNING POLICIES

The following State Environmental Planning Policies apply to the subject development:

State Environmental Planning Policy Infrastructure 2007

Clause 104 of this SEPP is applicable to this development, and is discussed below.

104 - Traffic-Generating Development

This clause applies to the proposal as the development is for warehouse and distribution centre on the site with an area greater than 8000m² as specified in Columns 1 and 2 of the Table to Schedule 3.

It requires the consent authority to give written notice of the application to the Transport NSW and take their response into consideration, as well as consider the accessibility of the site concerned, and any potential traffic safety, road congestion or parking implications of the development.

The application was referred to TfNSW who requested additional information in the form of a traffic and parking assessment. A traffic and parking assessment report was prepared by Rytenskild Traffic Consultant dated 21 June 2021. The report was referred to TfNSW who have provided the following comments:

· The site design has been assessed for a 19m articulated vehicle. Council should consider limiting of the maximum size of vehicles permitted at the site to a 19m articulated vehicle consistent with the maximum vehicle swept path design of the site.

· Consider the provision of adequate turning circles, storage room and vertical clearance on-site for the largest type of vehicle that will visit the site during construction and/or operation and limiting all vehicle movements from the land to be in a forward direction.

· Council should consider requiring all activities including loading and unloading of goods associated with the development be carried out on site in the dedicated areas.

· Landscaping, signage and fencing is not to impede sight lines of traffic or pedestrians within or when passing, entering or departing from the site. Safe Intersection Sight Distance (SISD) must be provided and maintained at the intersection of the driveway with Astill Drive.

· Consider requiring that road works are to be completed prior to operation of the proposed development.

· Transportation of contaminated fill or materials from the site on public roads must be carried out in accordance with the requirements of Australian Dangerous Goods Code and Australian Standard 4452 Storage and Handling of Toxic Substances. This must include relevant incident management strategies for transportation on public roads.

· All signage including any proposed internally lit signs is to be contained within property boundaries and designed to meet the objectives of Transport Corridor Outdoor Advertising and Signage Guidelines 2017.

· Council should consider limiting all construction activities to be undertaken wholly within the bounds of the site and not impact the efficiency and safety of all road users, including pedestrians within the locality of the construction activities.

The requirements of the Transport NSW have been considered and integrated into the draft Notice of Approval as conditions of consent where appropriate.

State Environmental Planning Policy 55 Remediation of Land

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

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

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

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

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

The site is zoned for industrial purposes and the proposed use is consistent with this zoning and the historic preparation of the land for development purposes. It can be reasonably expected that any matters of contamination and remediation would have been dealt with in relation to the original subdivision of the land. The land does not appear to have been put to any subsequent use since the time of subdivision. There appears to be limited risk of contamination that would require remediation.

The land is deemed suitable in its current state for the proposed development. On the basis of the above, the obligations of clause 7 of SEPP 55 are adequately discharged and Council can be satisfied the development is acceptable in this regard.

State Environmental Planning Policy 64 - Advertising and Signage

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

3 Aims, Objectives etc

(1) This Policy aims:

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

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

(ii) provides effective communication in suitable locations, and

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

(8) Granting of Consent to Signage

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

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

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

The proposal includes a small business identification sign approximately 15.5m². The sign is a flush wall sign on the northern elevation of the proposed building.

Figure 4 - proposed Business Identification Sign

The proposed business identification sign is of an appropriate scale for the proposed development and will have no impact on views or streetscape. The proposed signage is not inconsistent with the requirements of Schedule 1 of the SEPP. The business identification sign is considered appropriate in its context and consistent with the aims and objectives of the SEPP No 64 Adverting and Signage.

Draft Remediation of Land State Environmental Planning Policy

Draft Remediation of Land SEPP is applicable. The Draft SEPP requires in part that consideration be given to potential contamination on nearby or neighbouring properties and groundwater. The proposed development will not be contrary to any matter contained in the Draft Plan.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

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

Development Control Plan 2004

CHAPTER 0 TRANSITIONAL PROVISIONS

P0 0.4-10 Interim Planning Outcomes – Residential Proximity

Industrial development typically has the potential to generate adverse impacts on surrounding land, and must therefore be designed and operated in a manner that minimises impacts. This clause applies to development on land in the IN1 General Industrial zone that is within 800m of residential zones or established dwellings in any zone.

A number of residential properties are located to the south and west of the site. These properties are all located in excess of 500m from the proposed site.

Figure 5 – residences located in the vicinity of the subject land

The relevant DCP planning outcomes are as follows:

· The design of industrial and commercial development is consistent or compatible with nearby residential areas in terms of design, siting and landscaping.

· The hours of operation, traffic and noise generation do not interfere with reasonable expectations of residential amenity.

· Noise-generating activities are contained within the building where practicable.

· Industrial air conditioning compressors are shielded to direct noise away from residential development.

· Car park and security lighting is positioned and shielded to prevent direct light spill onto residential properties.

· Measures to prevent dust, odour and chemical spray from reaching or affecting residential properties must be demonstrated.

· The design must demonstrate how residential privacy and solar access will be maintained.

Siting and Design

Due to the significant separation distances to neighbouring dwellings, residential privacy and solar access will be maintained.

Traffic and Access

The surrounding road network is capable of handling any additional traffic generated by the development. Car parking, site access and onsite manoeuvring are considered adequate.

Air Quality

The proposed use will not generate dust, odour or chemical spray; therefore no adverse air quality impacts will be generated.

Overall, subject to the recommended condition of consent in regard to lighting, it is considered that the proposal is highly unlikely to adversely impact on residential amenity, and meets the ‘Residential Proximity’ Planning Outcomes.

Noise

Matters in relation to noise are considered below under the heading “Likely Impacts of the Development”.

PART 4 - DEVELOPMENT IN THE INDUSTRY AND EMPLOYMENT ZONE

Industrial Site Development

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

The main building is set back a minimum of approximately 11m from the front boundary. The single storey office building is set back approximately 6m from the front property boundary. The side and rear setbacks are considered satisfactory.

· Buildings cover up to 50% of the site area (excluding the area of accessways for battleaxe lots).

The proposed building has an area of 2381m². The site has an area of 9,252m² and thus the proposed building covers less than 50% of the site.

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

The application was supported by a detailed landscape plan which provides a good mixture of medium/large trees and ground covers. Landscaping is considered to achieve the requirements of the DCP. A requirement for landscaping to be established onsite prior to the issue of an Occupation Certificate has been included in the attached draft Notice of Approval.

Figure 6 - site plan indicating areas to be landscape

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

The proposed west elevation provides a mixture of good architectural design and an appropriate colour scheme.

Windows, colours, awnings and other architectural features are provided to improve the aesthetic of the site.

· External materials consist of non-reflective materials.

External materials are not reflective.

· Adequate parking and onsite manoeuvring is provided.

Warehouse parking requirements are as follows:

One (1) space per 100m² gross floor area or one (1) space per two (2) employees, whichever is greater.

The GFA of the development is 2,381m² which equates to 24 spaces (rounded up). The applicant submits that there will be up to 20 employees. Based on employee numbers ten (10) car spaces would be required. The car parking standard requires the greater calculation to apply. Car parking calculations in this case will therefore need to be based on the GFA calculations. To this end the car parking requirement is 24 spaces. Twenty four (24) spaces are provided onsite and therefore the proposal is compliant with Council’s DCP.

Council’s engineers have reviewed the application, along with the submitted traffic and parking report, and advice from Transport for NSW and confirm no concerns with proposed vehicle sizes as proposed via the Development Application.

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

An assessment of the suitability of the proposed signage has been addressed in the SEPP 64 assessment above. It was concluded that the proposed signage is consistent with the character of the surrounding area, and is therefore acceptable.

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

A 2.1m security fencing is proposed around the perimeter of the site. The proposal includes landscaping along the front boundary which will help soften the visual impact of the security fence.

DCP 14 Adverting

See above comments.

DCP 15 Off-street car parking

The car parking requirements for the development site have been addressed above in the DCP Chapter 9 assessment.

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

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 93)

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

Buildings to be Upgraded (clause 94)

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

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

Visual Amenity/Streetscape

The visual impact of the development is considered satisfactory. The surrounding streetscape is made up of large industrial buildings and the proposed development is well suited for the character of the site and is consistent with the form, scale and bulk of the area.

Landscaping is proposed in order to improve the visual amenity of the site.

Odour

The proposed development does not involve any food processing or cooking activity onsite and is therefore unlikely to have any negative odour impacts.

Traffic

A short-term increase in traffic is anticipated during construction of the site.

Traffic generation in relation to the proposed warehouse/distribution use is expected to be consistent with the design parameters of the overarching industrial subdivision. The submitted traffic report has considered a range of potential impacts including compliance with Council’s DCP and compliance with the Australian Standards. The report also addressed issues like sight distances and potential queuing impacts. The traffic report concluded that the proposal is considered satisfactory from a traffic and parking perspective. Transport for NSW have also provided advice for Councils consideration (see discussion above). The advice from Transport for NSW and the Traffic report were reviewed by Council’s Engineer. Conditions of consent have been recommended to address traffic and parking matters.

Noise and Hours of Operation

Short term noise impacts are anticipated during construction and will be subject to conditions.

The proposal is seeking to operate 24 hours per day, 7 days per week. The site is located in the middle of the Narrambla Business Park which is in close proximity to the Northern Distributor Road and the main transport routes in and out of Orange. The site is isolated from any sensitive receivers. The use of the site for 24 hour operation is therefore unlikely to have any negative impacts on surrounding neighbours.

Operational noise in relation to the proposed warehouse/distribution use is anticipated to be acceptable in the context of the industrial locality.

Waste Management

The proposal includes an enclosed waste storage and collection area located onsite adjacent to the loading dock. The applicant has demonstrated that a heavy rigid vehicle (HRV) can access the site and leave in a forward direction.

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

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

PUBLIC INTEREST s4.15(1)(e)

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

SUMMARY

The proposed development is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of Orange LEP 2011 (as amended) and DCP 2004.

A Section 4.15 assessment of the development indicates that the development is acceptable in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

COMMENTS

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

Council Meeting 17 August 2021

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 230/2021(1)

NA21/571 Container PR26463

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Mr H Harvey
Applicant Address:	2544 Gold Coast Highway MERMAID BEACH QLD 4218
Owner’s Name:	Frigfreeze Pty Ltd
Land to Be Developed:	Lot 106 DP 1194589 - 24 Astill Drive, Orange
Proposed Development:	Warehouse or Distribution Centre

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

Determination made under Section 4.16
Made On:	17 August 2021
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	18 August 2021
Consent to Lapse On:	18 August 2026

Terms of Approval

The reasons for the imposition of conditions are:

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

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

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

(5) Because the development will require the provision of, or increase the demand for, public amenities and services.

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

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

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

Conditions

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

(a) Plans prepared by Space Frame Sheet Numbers 4480-20B-11, 448022B-7, 4480-21B‑7, 4480-23B-7 Landscape Plan Sheet Number 4480-70B-4 dated 23 January 2021.

(b) statements of environmental effects or other similar associated documents that form part of the approval as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

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

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

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

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

(4) Where any excavation work on the site extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and

(b) where necessary, underpin the adjoining premises to prevent any such damage.

Note: This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to this condition not applying.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(5) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for alterations to water and sewer. No plumbing and drainage is to commence until approval is granted.

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

(7) Plans providing complete details of the proposed driveway and car parking areas are to be submitted to the principal certifier for approval upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works. All driveway and parking areas are to be constructed so that stormwater drainage pits collect stormwater from these areas. The carpark shall be line marked and dimensioned in accordance with AS 2890.1 (Off-street car parking).

The submitted plans shall also detail modifications to the retaining wall locations to accommodate the turn path of a 19m articulated heavy vehicle with a minimum of 0.5m clearance to buildings, guard rail and retaining wall structures.

(10) All stormwater from the site is to be collected and piped to the existing interlot drainage pit on site. Engineering plans for this drainage system are to be submitted to the principal certifier for approval upon application for a Construction Certificate.

(11) A Road Opening Permit in accordance with Section 138 of the Roads Act 1993 must be approved by Council prior to a Construction Certificate being issued or any intrusive works being carried out within the public road or footpath reserve.

PRIOR TO WORKS COMMENCING

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

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

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

DURING CONSTRUCTION/SITEWORKS

(15) The site is located within an area identified as containing serpentinite rock formations, which can contain chrysotile, a naturally occurring asbestos. Therefore the applicant or person with management or control of the site shall ensure that a written plan (an Asbestos Management Plan) for the site is prepared in accordance with the provisions of the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011.

To assist applicants with developing an Asbestos Management Plan, applicants are encouraged to access the ‘Asbestos Management Plan for Orange City Council 2014’, which is available on Council’s website: www.orange.nsw.gov.au

(16) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

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

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

(19) The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the development from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

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

(21) Heavy-duty concrete footpath crossings are to be constructed in the positions shown on the plan submitted with the Construction Certificate application. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code and Road Opening Permit.

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

(23) In the event of an unexpected find during works such as (but not limited to) the presence of undocumented waste, odorous or stained soil, asbestos, structures such as underground storage tanks, slabs, or any contaminated or suspect material, all work on site must cease immediately. The beneficiary of the consent must discuss with Council the appropriate process that should be followed therein. Works on site must not resume unless the express permission of the Director Development Services is obtained in writing.

(24) All construction activities are to be undertaken wholly within the bounds of the site and not impact the efficiency and safety of all road users, including pedestrians within the locality of the construction activities.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

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

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

(28) The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

(29) Where Orange City Council is not the Principal Certifying Authority, a final inspection of water connection, sewer and stormwater drainage shall be undertaken by Orange City Council and a Final Notice of Inspection issued, prior to the issue of either an interim or a final Occupation Certificate.

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

(31) A Road Opening Permit Certificate of Compliance is to be issued for the works by Council prior to any Occupation/Final Certificate being issued for the development.

(32) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation Certificate, unless stated otherwise.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

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

(34) The hours of operation shall be 24 hours a day, seven days per week

(35) The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

(36) The maximum size vehicles permitted at the site shall be limited to a 19m articulated vehicle consistent with the maximum vehicle swept path design of the site. All vehicles shall enter and exit the site in a forward direction.

(37) All activities including loading and unloading of goods associated with the development shall be carried out on site in the dedicated areas shown on the stamped approved plans.

(38) Landscaping, signage and fencing shall not impede sight lines of traffic or pedestrians within or when passing, entering or departing from the site. Safe Intersection Sight Distance (SISD) must be provided and maintained at the intersection of the driveway with Astill Drive at all times.

(39) Transportation of any contaminated fill or materials from the site on public roads must be carried out in accordance with the requirements of Australian Dangerous Goods Code and Australian Standard 4452 Storage and Handling of Toxic Substances. This must include relevant incident management strategies for transportation on public roads.

Other Approvals

(1) Local Government Act 1993 approvals granted under Section 68.

Nil

(2) General terms of other approvals integrated as part of this consent.

Nil

Right of Appeal

If you are dissatisfied with this decision, Section 8.7 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court. Pursuant to Section 8.10, an applicant may only appeal within 6 months after the date the decision is notified.

*Disability Discrimination* Act 1992:	This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.
*Disclaimer - S88B of the Conveyancing Act 1919 -* Restrictions on the Use of Land:**	The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS
Date:	18 August 2021

Council Meeting 17 August 2021

5.8 Development Application DA 423/2019(2) - 643 Mitchell Highway (solar farm)

RECORD NUMBER: 2021/1758

AUTHOR: Ben Hicks, Planner

EXECUTIVE Summary

Application lodged	16 April 2021
Applicant/s	ITP Development Pty Ltd
Owner/s	Mr A and Mrs EB Ruggiero
Land description	Lot 200 DP1194585, 643 Mitchell Highway, Orange
Proposed land use	Electricity Generating Works (solar farm)
Value of proposed development	$8,965,861.00 (original cost of development)
Site area

Application has been made to modify development consent DA 423/2019(1) for the proposed Electricity Generating Works (solar farm) at Lot 200 DP1194585 - 643 Mitchell Highway, Orange.

The approved development involves the construction and operation of electricity generating works comprising a 5MW solar energy facility. The application was approved on 8 December 2020 subject to a series of deferred commencement conditions. If the deferred commencement conditions are not satisfied within period of twelve months, being 8 December 2021, the consent will lapse. A check of Council’s records indicates that these conditions have not yet been satisfied or discharged. Notwithstanding, a development consent, whether subject to a deferred commencement condition or not, is a final determination of a development application and thus a modification to the consent could occur at any time, provided that the consent has not lapsed. In this case, the consent has not lapsed and the subject consent can be modified as requested.

It is proposed to modify the Notice of Determination by amending the wording of Condition 45 which relates to the maintenance of landscaping and Condition 48 which relates to the decommissioning of the solar farm. A Section 4.55 assessment of the proposal indicates that the proposed modified development is acceptable. An amended Notice of Determination is attached.

The consent authority for the original development was the Western Regional Planning Panel (WRPP). Pursuant to the regulation, modification of a development (4.55(1) and 4.55(1A)) is a function that may be exercised by Council on behalf of a regional panel, and as such, Council is the consent authority for the current proposal.

Figure 1 – Site Context and Locality Plan

DECISION FRAMEWORK

DIRECTOR’S COMMENT

Whilst the consent authority for the original solar development was the Western Regional Planning Panel (WRPP), the proposed modification of a development is a function that may be exercised by Council on behalf of a regional panel.

The applicant has sought modification to the Notice of Determination by amending the wording of Condition 45 - to require the maintenance of landscaping only for the as long as the solar farm remains on that site (currently it is a requirement to maintain the landscaping forever). The application also requests amendment of Condition 48 to increase the time frame permitted for decommissioning of the solar farm from 3 months to 6 months.

A review of other solar approvals within the State and also State Guidelines was undertaken by staff to determine the appropriateness of this application. It was found that many other approvals in NSW do not have decommissioning requirements in their consent, thus guidance for this application is minimal. The applicant advises that it would not be practicable to fully remove all of the solar assets within 3 months, but this could be completed within 6 months. Given the extent of the development, this seems reasonable.

In terms of landscaping, it is understood why there would not be a need to maintain the landscape screening once the solar farm had been completely removed from the site.

Two submissions were received. Issues raised in the submissions have been taken into account as required where they are relevant. Some submissions raised issues that related to the original application and are as such beyond the scope of this application. The planning assessment indicates that the proposed modified development is acceptable. It is recommended that Council supports the proposed amendment. An amended Notice of Determination is attached for Council’s consideration.

Link To Delivery/OPerational Plan

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council modifies development consent DA423/2019(1) for Electricity Generating Works (solar farm) at Lot 200 DP 1194585 – 643 Mitchell Highway, Orange pursuant to the attached modified notice of determination.

further considerations

SUPPORTING INFORMATION

BACKGROUND

The following matters are of relevance to the modified development:

1. Consent Authority

The original development was regionally significant development, pursuant to SEPP (State and Regional Development) 2011: the proposal comprises electricity generating works with a capital investment value of more than $5 million. The Western Regional Planning Panel was the consent authority for regionally significant development.

Deferred Commencement consent was granted by the WRPP on 8 December 2020.

Modification of a development (4.55(1) and (1A)) is a function that may be exercised by Council on behalf of a regional panel pursuant to Section 123BA of the Environmental Planning and Assessment Regulation 2000. It is considered that the proposed modification is consistent with Clause 4.55(1A) of the Environmental Planning and Assessment Act 1979 and as such, Council is the consent authority for the modified development.

2. Deferred Commencement Consent and Compliance with Conditions

The original development was subject to the following Deferred Commencement

(A) A revised landscape plan shall be submitted to and approved by Council’s Manager Development Assessments prior to the consent becoming operative. The amended landscape plan shall provide a mix of shrubs and eucalypt tree species comprising 75% shrubs and 25% trees. Selected shrubs must have a mature height of at least 3m. All plants must be endemic to the Orange area. Eucalypt species must be a combination of the following; White Box Eucalyptus albens, Yellow Box E. melliodora and Blakely's Red Gum E. blakelyi, with consideration also given to drought tolerance. The planting arrangement must be irregular to emulate a natural setting, shrubs must be planted at maximum 2.5m centres. Trees can be planted sporadically within the landscaped corridors, but must be distributed throughout all the landscape corridors and areas.

All landscape corridors must be a minimum of 5m wide, with greater widths and expanded areas being provided to accommodate the required planting of eucalyptus species throughout the site without change to the approved siting of the solar arrays.

Additional landscaping (over and above that shown on the stamped approved plans) at the ratio and species types specified above shall be provided in the following locations:

· Along all boundaries with a primarily East/West Axis (including all southern orientated boundaries) of the development site.

· In the area between the new access and the eastern boundary of the development site.

· Adjacent to the north-western corner of the development site.

· Between the stand of native trees to the west of the solar panels and the western edge of the development site.

The additional landscaping areas and outcomes must be sufficient to provide additional filtered screening of the solar farm in those locations.

Shrub plants along the northern, southern and western boundaries must be advanced species with a 15L pot size or greater. Trees can be tube stock.

The amended landscape plan shall be prepared by a suitably qualified and registered landscape architect.

The plan shall also show the stock proof perimeter farm fence on the outside of the landscape corridors, detail the irrigation and maintenance measures to ensure the establishment and growth to maturity of all required landscaping, and detail landscape replacement and succession measures to apply for the life of the solar farm.

The lease area for the 5MW solar farm shall be increased to include the additional required Landscaping.

(B) Documentary evidence shall be provided to the satisfaction of Council’s Manager Development Assessments prior to the consent becoming operative demonstrating that the lease arrangements proposed to accommodate the 5MW solar farm sufficiently protect the interests of the land owner and Council. The required documentation must suitably demonstrate that the owner/operator (and any successors) of the solar farm will be entirely responsible for the; operation, maintenance (including landscaping and the access road), decommissioning upon cessation of the solar farm use; timeframe of decommissioning commencing following cessation of the solar farm use; and remediation and rehabilitation of the development site in accordance with the required decommissioning plan.

(C) A report by a suitably qualified person shall be provided to and approved by Council’s Manager Development Assessments prior to the consent becoming operative that demonstrates that the development is satisfactory in respect of fire safety. The report shall detail matters such as, but not limited to:

· the proposed separation distances between the inner edge of the landscape area and the edge of the solar arrays being sufficient to act as a defendable area, that the fire protection measures are sufficient for the BESS station, including:

o A reliable, automated monitoring and control systems, with alarm and shutdown response capability shall be installed.

o BESS-specific fire response plan, in conjunction with the NSW Rural Fire Service shall be prepared. The plan shall incorporate safe measures to prevent the risks of external heat effects in the event of a bushfire.

o Demonstration of compliance with all applicable Australian codes and standards.

o The design shall demonstrate appropriate separation and isolation between battery cubicles, and between the BESS and other infrastructure, in accordance with the manufacturers’ recommendations, and including gravel set-off areas around the facility.

o Adequate supply of firefighting water within close proximity to the BESS facility if required by the BESS-specific fire response plan.

· That the provision of a 50KL water tank is sufficient for fire-fighting purposes and also the means to be employed to ensure the required static water supply will be permanently maintained at a 90% capacity or greater.

(D) Amended Solar Farm General Arrangement Plan ORA2B-G-210 Rev 2 prepared by ITP Renewables dated 28/8/20 and Setback Dimensions Plan ORA2B-G-211 Rev 2 dated 28/8/20, that incorporates landscape areas and provides consistency with Deferred Commencement Conditions (A)-(C).

Council is advised that the above conditions have not yet been satisfied/discharged. Council staff are in the process of reviewing documentation that seek to discharge these conditions. Council staff initially raised the concern regarding the legality to modify a deferred commencement consent prior to the deferred matters being resolved. However, it should be noted that a development consent, whether subject to a deferred commencement condition or not, is a final determination of a development application i.e. the legal effect of a deferred commencement condition is to suspend the operation of the development, not to make the grant itself conditional or allow a deferral of the decision to grant consent.

In this regard, the consent (DA423/2019) is considered effective, but not operative until such time as the deferred commencement conditions have been complied with. There is nothing that prohibits the modification of a deferred commencement consent that has not yet become operative, provided that the consent is modified within the period that the deferred matters need to be resolved, in this case 12 months from the date of determination, being 8 December 2021. The consent has therefore not lapsed and the modification can be considered accordingly. The proposed modification will have no effect on the requirement to satisfy the deferred matters within the prescribed period.

THE PROPOSAL

Application has been made to modify development consent DA423/2019(1). The modified development involves amendment to conditions (45) and (48) of development consent DA 423/2019(1), as follows:

Condition	DA423/2019(1)	Proposed Modification
(45)	Upon the issue of an occupation certificate, a 24 month long landscape monitoring period shall commence. The landscape monitoring period as a minimum shall involve fortnightly watering of all landscaping, bi-annual mulching of all landscaping and quarterly inspections of all landscaping looking for sick or dead plants. Any sick or dead plants identified during the quarterly inspections shall be replaced like for like within 7 days of the respective inspection period. Council officers, or an officer/s appointed by the Council may inspect the landscaping at any time. The required Landscaping shall be maintained in perpetuity to the satisfaction of Councils’ Manager Development Assessments and consistent with measures documented in Part A of this consent.	Upon the issue of an occupation certificate, a 24-month long landscape monitoring period shall commence. The landscape monitoring period as a minimum shall involve fortnightly watering of all landscaping, bi-annual mulching of all landscaping and quarterly inspections of all landscaping looking for sick or dead plants. Any sick or dead plants identified during the quarterly inspections shall be replaced like for like within 7 days of the respective inspection period. Council officers, or an officer/s appointed by the Council may inspect the landscaping at any time. The required Landscaping shall be maintained for the life of the consent to the satisfaction of Councils’ Manager Development Assessments and consistent with measures documented in Part A of this consent.

The applicant has provided the following reasons for the modification of Condition 45:

Condition 45 refers to maintaining the landscaping in perpetuity. Whilst it is reasonable to assume that once the solar farm is decommissioned the site would evolve into another use and/or other consents would take precedence, for abundant clarity, we request that this condition be amended to require that landscaping be maintained for the life of the consent and/or lifespan of the solar farm as opposed to "in perpetuity".

Council staff agree with the justification provided; however, are of the opinion that the modified condition should be worded ‘for the life of the consent and inclusive of the decommissioning phase’. This would firstly protect the vegetation from damage that may occur due to decommissioning activities and secondly by maintaining adequate screening for nearby visual receivers of the development and decommissioning work, whilst maintaining the vegetation which, at the end of the project, would have considerable ecological/environmental benefits.

Condition	DA423/2019(1)	Proposed Modification
(48)	Within 3 months of the cessation of operations, the site must be rehabilitated to the satisfaction of Council, consistent with the Decommissioning Plan. Documentary evidence is to be provided to Council, from a suitably qualified person, to confirm that the development has been successfully decommissioned to the required standards.	Within 6 months of the cessation of operations, the site must be rehabilitated to the satisfaction of Council, consistent with the Decommissioning Plan. Documentary evidence is to be provided to Council, from a suitably qualified person, to confirm that the development has been successfully decommissioned to the required standards.

The applicant has provided the following reasons for the modification of Condition 48:

A three (3) month timeframe for the cessation of operations and rehabilitation of the site is not feasible for this type of development.

The proposed solar system has been designed to withstand significant environmental challenges and is constructed with heavy duty ruggedised componentry to weather the test of time above and below the ground. It is for this reason the decommissioning involves systematically removing each component of the system, step by step, as a simple demolition/bulldozing process of the entire site is unlikely to succeed due to the steel work’s significant foundations and its deep embedment strength. The decommissioning of the solar plant is expected to take approximately six (6) months with the removal of over 2,000 steel piles expected to be critical path.

To this end, whilst no objection is raised to this condition in principle, we request to amend the condition to six (6) months to enable sufficient time to decommission the infrastructure on the site and rehabilitate in accordance with the decommissioning plan. We do not consider an extension in timeframe of three (3) months will create any unreasonable impact. The amended six (6) month timeframe will maintain the intent of the Panel when imposing this condition.

Council staff raise no objection to the additional three months for decommissioning of the site and is considered reasonable due the systematic nature in which the infrastructure needs to be removed from the site. The underlying intent of this condition was to ensure that the site is suitably rehabilitated and within a suitable timeframe. This intent will be maintained. Additionally, a review of other solar farm determinations by the Western Regional Planning Panel in the region recently, indicates that decommissioning timeframes are not consistent. Some determinations have no period specified for decommissioning and others up to a period of 18 months.

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.

Pursuant to Section 7.17 of the BC Act, applications for a modified consent are subject to biodiversity assessment and offsets as required under Part 7 of that Act. The BC Act requires the biodiversity offset scheme entry requirements to be applied to modification applications based on the ‘as modified’ project.

The Biodiversity Offset Scheme does not apply to the modified development. The applicable triggers will not be exceeded, or do not apply to the subject land or modified development.

Section 4.55 Modification of consents—generally

Section 4.55(1A) of the EP&A Act 1979 states that a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact,

Comment: The environmental impacts associated with the proposed modification (as described above) are considered negligible. The modification does not alter the nature, scale or intensity of the approved development. The additional three months for decommissioning requested by the applicant will ensure the solar farm is removed from the site and remediated appropriately. The decommissioning will be undertaken in accordance with a decommissioning plan (condition 8) which will ensure minimal impact on the environment. The amendments proposed to the landscaping condition will still ensure the development is appropriately screened for the duration of the solar farm operations including decommissioning phase. The underlying intent of both conditions is considered to be maintained.

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all),

Comment: The proposal is considered to be substantially the same development to that which was originally lodged and consented to and will have minimal environmental impact when making a comparison between the original and proposed modified proposal. The physical form and operations of the development will remain unchanged. The amendments relate largely to administration/procedural matters of the consent.

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

Comment: The original application was notified to adjoining landowners on two occasions, receiving 80 submissions in the first round and a further 13 in the second round concerning a number of matters. Pursuant to Clause 117(3A) where a development application was determined by a regional panel, the Council are to notify and advertise the application in the same manner that the original application was advertised/notified.

In this regard, the application was notified and advertised for 28 days from Friday, 14 May 2021 to Friday, 11 June 2021. Following the closure of the exhibition period, two (2) submissions were received. These submissions have been addressed below.

(c) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Comment: As stated above, the modification application received two (2) submissions. Details of the public submissions received are summarised below, followed by an assessment response:

Submission 1

Issue 1: This change allows the applicant to walk away from the responsibility to maintain the vegetation’s condition especially during the latter years of the project if for example a period of drought conditions prevailed, the effects of which were not obvious immediately and any suffering plants not replaced or maintained for the long term.

Assessment Response: The proponent acknowledges it is responsible for maintaining the landscaping for the full life of the project. At the end of the project, the solar farm will be decommissioned and the site returned to its current state (except removal landscaping that has been established). The proponent advises they do not believe they are responsible for maintaining the landscaping “in perpetuity”, even after the solar farm has been fully removed from site and the lease with the landowner has ended. Council staff concur. The proponent also advises that when the lease agreement with the landholder which ends at the decommissioning and removal of the plant, they cannot maintain the landscaping on private land to which we have no legal right of access.

Issue 2: A primary concern of the State authority was as you heard during the hearing, was that the applicant is not able to walk away from the responsibility to rehabilitate the site. Allowing this vegetation requirement change will further threaten this because the project applicant will:

a) Be more likely to remove the costs of the project from their balance sheet as has already begun to happen by profiting and selling shares in the “community” project. In other words the long term vegetation health being no longer an obligation will make a sell down more appealing. If I was council I would question whether the applicant has any intention of maintaining an appropriate amount of working capital in the project to maintain the vegetation screen. Council in my view should require a financial bond to cover this as well as any other related considerations such as monitoring for visual, dust and noise reductions that the vegetation screen is proposed to promote as well as any changes to biodiversity of the site. This leaves a shell company with no obvious parent guarantee for the long term care of the site.

Assessment Response: The proponent will be required to maintain the landscaping. The conditions are also a suitable mechanism to assist in any enforcement matters should a non-compliance arise. As above, the lease agreement is tied to the life of project. At the end of the project the proponent no longer has legal access to the site and cannot be held responsible for the maintenance of landscaping. As such, the applicant has requested an amendment to the condition requiring landscaping to be maintained for the life of the consent/life of the solar farm as opposed to in perpetuity, which implies permanency.

b) It is quite impossible today to say what the community desires as the long term use of the site. Recent sales advice in relation to properties in the area suggests the medium term land use is likely very different from today. This is also evidence of the value of this district and the potential for value loss should the site not be given the greatest possible range of outcomes commensurate with possible future uses of the district, through proper management of the vegetation, including the many tens of millions of dollars of current land value that will have to gaze upon this industrial precinct.

Assessment Response: At the end of the project, post decommissioning, the leased land restored to its original state and the vegetation screening reverts back to the landowner’s ownership. Property/land values are not planning related matters relevant to the assessment.

c) It is quite likely that the vegetation will be native and host valuable animal species that over generations have become reliant on the site. The applicant spent some time discussing the environmental credentials of their plan which now seems strange they wish to peruse this modification.

Assessment Response: The proponent will build and maintain the required vegetation as per required the conditions of consent. This modification addresses impossibility in maintaining something that they no longer have access to.

d) The applicant should be incentivised to ensure thorough weed management is undertaken through the entirety of the vegetation’s life.

Assessment Response: The applicant advises regular weed management of the landscaping corridors is already incorporated into the ongoing operations and maintenance of the life of the project. The proponent is already required to control noxious weeds, which include complying with the Biosecurity Act 2015

In addition, Section 4.55(3) of the EP&A Act 1979 provides that:

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in Section 4.15(1) as are of relevance to the development the subject of the application.

Comment: The relevant matters under Section 4.15(1) have been addressed hereunder.

Submission 2

Issue 1: I object to more concessions being granted to ITP Renewables especially a delay in the deconstruction of the damage being perpetuated by their building of this inappropriate facility in the first place.

Assessment Response: As discussed in the report, Council staff raise no objection to the additional three months for decommissioning of the site and is considered reasonable due the systematic nature in which the infrastructure needs to be removed. The underlying intent of this condition was to ensure that the site is suitably rehabilitated and within a suitable timeframe. This intent will be maintained.

Issue 2: It has been reported that there is such an abundance of weather dependent electricity generating facilities that the long term financial viability of such will diminish during this development's lifetime. The unit price for power put into the grid has been falling and will continue to do so.

Assessment Response: Financial viability of a project is not a relevant matter for consideration under the Environmental Planning and Assessment Act 1979.

Issue 3: There are already questions in regard to the disposal of waste generated by solar panels and batteries and this will only get worse. Is Council going to allow for e-waste to be dumped at the local facility or will there be an additional transport cost involved to take tonnes of waste somewhere that will accept it, even if that is overseas? Given these future concerns, has council even established who will be liable for the disposal of the e-waste? Will it be Energy Democracy, who actually denied being involved in this venture at the WRPP meeting held last year? I suggest ITP pay a surety to be held by council. Given they were granted $3.5m by the government (i.e. tax payers) maybe half this amount ($1.75m) could be a fair amount. Can you please confirm who is going to be responsible for the cost of removing the materials at the end life of this development.

Assessment Response: The proponent is required to prepare a ‘decommissioning plan’ as per Condition 8 of the consent. The application to modify the consent seeks only an extension to the time frame in which the decommissioning to be undertaken. The matters raised on this point are therefore not relevant in the determination of the application.

Issue 4: I am more concerned with the establishment of the camouflage plantings. Presumably the plantings for the screening will have to occur well before the solar panels are installed. Can you confirm this? This would necessitate the stock proof fencing as well. What about the sheep and cattle yards that are also part of the plan and the water storage tank? Given the elevation of the construction site compared to adjoining topography I assume there is a need to include suitable fast growing, tall trees in the plant mix. Has this been confirmed? Can you also confirm that the southern boundary and eastern boundary of this unsightly project will be afforded the same degree of camouflaging as the northern and western boundaries? Who is going to be the "watchdog" to ensure all conditions are met?

Assessment Response: The proponent is required to prepare a landscape plan for approval by Council as outlined in Part A of the consent. Again the issues raised around the issue of landscaping are not relevant in the determination of the application to modify the consent. The modification only seeks to clarify the length of time that the landscaping is to be maintained given condition of consent that limits the overall duration in which the development may operate from the site. Council will be the appropriate regulatory authority should a non-compliance arise with the regards to the development.

Section 4.15 Evaluation

Section 4.15(1A) of the EP&A Act 1979 provides that in determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

S4.15(1)(a)(i) Provisions of any environmental planning instrument

Orange Local Environmental Plan 2011

The initial development was approved under the provisions of Orange LEP 2011. The subject land is zoned RU1 Primary Production. The development as modified remains consistent with the relevant aims and objectives of the zone.

State Environmental Planning Policies

The following State Environmental Planning Polices were applicable to the original development:

· State Environmental Planning Policy (Infrastructure) 2007

· State Environmental Planning Policy (State and Regional Development) 2011

· State Environmental Planning Policy No 33—Hazardous and Offensive Development

· State Environmental Planning Policy No 55—Remediation of Land

The modified development does not alter the previous assessment under the any of these SEPPs.

s4.15(1)(a)(ii) provisions of any draft environmental planning instrument that has been placed on exhibition

The modified development is not contrary to any matter contained in the draft plans currently on exhibition.

s4.15(1)(a)(iii) provisions of any development control plan

Development Control Plan 2004

The original development was assessed pursuant to the following chapters in DCP 2004:

· Chapter 0 - Transitional Provisions

· Chapter 2 - Natural Resource Management

· Chapter 3 - General Considerations

· Chapter 4 - Special Environmental Considerations

· Chapter 5 - General Considerations for Zones and Development

· Chapter 10 - Special Uses and Road Zones

· Chapter 15 - Car Parking

The proposed modified development remains consistent with the previous assessment under the DCP.

s4.15(1)(a)(iv) provisions prescribed by the regulations

The modified development is not inconsistent with any provisions prescribed by Regulation.

s4.15(1)(b) the likely impacts of the development

The impacts of the modified proposal are generally consistent with those considered for the original development.

s4.15(1)(c) the suitability of the site

There are no aspects of the development site that are considered unsuitable for the proposed development as modified.

s4.15(1)(d) any submissions made in accordance with the act

The proposed development was advertised and notified development under the provisions of the Environmental Planning and assessment Regulation 2000. Two submissions were received. Theses submissions have been addressed under Section 4.55(1A)(c) above.

s4.15(1)(e) public interest

The modified proposal is not inconsistent with any relevant policy statements, planning studies, and guidelines etc. that have been considered in this assessment.

INTERNAL REFERRAL COMMENTS

The proposed modification was not required to be referred to any internal specialist staff.

ASSESSMENT CONCLUSION/RECOMMENDATION

The application has been assessed in accordance with Section 4.55(1A) of the Environmental Planning and Assessment Act 1979. The site remains suitable for the proposed development, is not contrary to the public's interest and will not have a significant adverse social, heritage, environmental or economic impact. It is recommended that the modification application be approved, subject to the recommended modified conditions of consent.

Attachments

1 Deferred Commencement Notice of Approval, D21/50760 ⇩

2 Submissions, D21/50776 ⇩

Council Meeting 17 August 2021

Attachment 1 Deferred Commencement Notice of Approval

Schedule 2 – Conditions of Consent

ORANGE CITY COUNCIL

Development Application No DA 423/2019(2)

NA21/494 Container PR26437

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

DEFERRED COMMENCEMENT CONSENT

issued under the Environmental Planning and Assessment Act 1979

Section 4.16(3)

Development Application
Applicant Name:	ITP Development Pty Ltd
Applicant Address:	PO Box 6127 O’CONNOR ACT 2602
Owner’s Name:	Mr A and Mrs EB Ruggiero
Land to Be Developed:	Lot 200 DP 1194585 - 643 Mitchell Highway, Orange
Proposed Development:	Electricity Generating Works (5 MW solar farm)

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

Determination made under Section 4.16
Made On:	Original decision made 8 December 2020. Decision on Modification of Deferred Commencement Consent was made on 26 July 2021.
Determination:	DEFERRED COMMENCEMENT CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW

Consent to Operate From:	DEFERRED COMMENCEMENT CONSENT GRANTED SUBJECT TO CONDITIONS (A), (B) AND (C) DESCRIBED BELOW BEING SATISFIED WITHIN 12 MONTHS OF THIS CONSENT
Consent to Lapse On:	5 YEARS FROM THE DATE DEFERRED COMMENCEMENT CONDITIONS (A), (B) AND (C) DESCRIBED BELOW BEING SATISFIED

Terms of Approval

The reasons for the imposition of conditions are:

(1) To minimise the impacts to neighbourhood amenity and character.

(2) To ensure compliance with relevant statutory requirements.

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

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

(5) To prevent the proposed development having a detrimental effect on adjoining land uses and ensure it does not compromise the Council’s strategic planning objectives for the locality.

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

PART A - DEFERRED COMMENCEMENT CONDITIONS

This is a deferred commencement Consent pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act. This consent does not become operative until the conditions (A), (B) and (C) below have been satisfied. All deferred commencement conditions shall be satisfactorily resolved within a period of 12 months from the determination date as shown on this consent.

(A) A revised landscape plan shall be submitted to and approved by Council’s Manager Development Assessments prior to the consent becoming operative. The amended landscape plan shall provide a mix of shrubs and eucalypt tree species comprising 75% shrubs and 25% trees. Selected shrubs must have a mature height of at least 3m. All plants must be endemic to the Orange area. Eucalypt species must be a combination of the following; White Box Eucalyptus albens, Yellow Box E. melliodora and Blakely's Red Gum E. blakelyi, with consideration also given to drought tolerance. The planting arrangement must be irregular to emulate a natural setting, shrubs must be planted at maximum 2.5m centres. Trees can be planted sporadically within the landscaped corridors, but must be distributed throughout all the landscape corridors and areas.

Additional landscaping (over and above that shown on the stamped approved plans) at the ratio and species types specified above shall be provided in the following locations:

· along all boundaries with a primarily East/West Axis (including all southern orientated boundaries) of the development site

· in the area between the new access and the eastern boundary of the development site

· adjacent to the north-western corner of the development site

· between the stand of native trees to the west of the solar panels and the western edge of the development site.

The additional landscaping areas and outcomes must be sufficient to provide additional filtered screening of the solar farm in those locations.

Shrub plants along the northern, southern and western boundaries must be advanced species with a 15L pot size or greater. Trees can be tube stock.

The amended landscape plan shall be prepared by a suitably qualified and registered landscape architect.

The lease area for the 5MW solar farm shall be increased to include the additional required Landscaping.

(B) Documentary evidence shall be provided to the satisfaction of Council’s Manager Development Assessments prior to the consent becoming operative demonstrating that the lease arrangements proposed to accommodate the 5MW solar farm sufficiently protect the interests of the land owner and Council. The required documentation must suitably demonstrate that the owner/operator (and any successors) of the solar farm will be entirely responsible for the; operation, maintenance (including landscaping and the access road), decommissioning upon cessation of the solar farm use; timeframe of decommissioning commencing following cessation of the solar farm use; and remediation and rehabilitation of the development site in accordance with the required decommissioning plan.

(C) A report by a suitably qualified person shall be provided to and approved by Council’s Manager Development Assessments prior to the consent becoming operative that demonstrates that the development is satisfactory in respect of fire safety. The report shall detail matters such as, but not limited to;

o A reliable, automated monitoring and control systems, with alarm and shutdown response capability shall be installed.

o Demonstration of compliance with all applicable Australian codes and standards.

o Adequate supply of firefighting water within close proximity to the BESS facility if required by the BESS-specific fire response plan.

(D) Amended Solar Farm General Arrangement Plan ORA2B-G-210 Rev 2 prepared by ITP Renewables dated 28/8/20 and Setback Dimensions Plan ORA2B-G-211 Rev 2 dated 28/8/20, that incorporates landscape areas and provides consistency with Deferred Commencement Conditions (A)-(C).

PART B – OPERATIVE CONDITIONS

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

(a) Plans by ITP Renewables - drawings numbered:

ORA2B-G-040 Rev 1 dated 28/8/2020;

ORA2B-G-210 Rev 2 dated 28/8/2020;

ORA2B-G-211 Rev 2 dated 28/8/2020;

ORA2B-C-120 Rev 1 dated 7/8/2020;

ORA2B-C-430 Rev 1 dated 27/8/2020;

ORA2B-C-530 Rev 1 dated 24/10/2019;

ORA2B-C-610 Rev 2 dated 28/8/2020;

ORA2B-C-620 Rev 1 dated 9/12/2019;

ORA2B-C-710 Rev 2 dated 10/8/2020;

ORA2B-E-341 Rev 1 dated 7/8/2020;

ORA2B-E-411 Rev 2 dated 28/8/2020;

ORA2B-E-430 Rev 1 dated 24/10/2019;

ORA2B-E-530 Rev 1 dated 24/10/2019; (13 sheets)

(b) statements of environmental effects Version B Dated 28 August 2020 or other similar associated documents that form part of the approval

as amended in accordance with any conditions of this consent and/or any plans.

The solar farm (maximum capacity of 5.0MW) is to operate for a maximum period of 25 years from the date of occupation. The applicant is required to provide written confirmation to Council within 7 days of the solar farm operation commencing, advising of the date on which the solar farm operation has commenced.

In accordance with the details set-out, the design of the solar panel array is to comply with the following:

· The maximum height of any solar panel installed (at maximum tilt) at the premises is to be 2.617m.

(2) The development shall be carried out in accordance with the General Terms of Approval issued by the Natural Resources Access Regulator annotated Annexure “A”; along with the requirements of Essential Energy and TfNSW as listed in this document.

PRESCRIBED CONDITIONS

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

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

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

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

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

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(5) The security fence (including; posts, strainer posts, strainer wire and wire netting) (the barb wire does not need to be black) and any gates around the entire permitter of the development shall be black in colour. The plans submitted with an application for a construction certificate shall be amended to clearly show that the fence is to comprise a black finish.

(6) Prior to the issue of a construction certificate the plans shall be amended to show that the setback of the security fence to the northern boundary (common boundary with the Mitchell Highway) is a minimum of 5m.

(7) The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. Any waste stockpile on site during construction is to be located to minimise impact on amenity of neighbouring properties and the public domain. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

(8) A Decommissioning Plan for the solar farm shall be submitted to Council’s Manager Development Assessments for approval prior to the issue of a construction certificate. The decommissioning plan shall, as a minimum, detail the process for removing the infrastructure from the site including timeframes, waste minimisation and recycling strategies to minimise waste going to landfill (including opportunities to reuse and/or recycle solar panels and other best practice waste minimisation actions available), the expected means of disposal of the waste; and proposed remediation and rehabilitation of the site as part of retuning the site to the owners of the land and completing the obligations under the lease of land. The decommissioning must comply with the following table:

Feature	Objective
Development site (as a whole)	Safe, stable and non-polluting
Solar farm infrastructure and all ancillary infrastructure	To be decommissioned and removed
Land use	Restore land capability to pre-existing agricultural use, unless the Council agrees otherwise
Community	Ensure public safety

This plan shall form part of the terms of the lease of the land. Evidence shall be provided to Council to demonstrate that the decommissioning plan is a binding condition on the lease of the land for the purposes of the solar farm.

(9) Engineering plans, showing details of all proposed work and adhering to any Orange City Council and TfNSW conditions of development consent, are to be submitted to, and approved by, Orange City Council prior to the issuing of a Construction Certificate.

(10) A Road Opening Permit in accordance with Section 138 of the Roads Act 1993 must be approved by Council prior to a Construction Certificate being issued or any intrusive works being carried out within the public road or footpath reserve.

PRIOR TO WORKS COMMENCING

(11) A Construction Environmental Management Plan (CEMP) shall be prepared for the development and be approved by Council’s Manager Development Assessment prior to works commencing on-site. The CEMP shall be implemented prior to works commencing on-site and shall be adhered to for the entire life of the solar farm.

The CEMP must, as a minimum, address the following; dust suppression, noise mitigation, construction activities and scheduling, working hours, stakeholder/community engagement, complaints register, etc.

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

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

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

DURING CONSTRUCTION/SITEWORKS

(15) The eucalypt tree required to be removed from the site as shown on the approved plans shall be removed in the following way:

· The tree is to be inspected to identify any hollows or any other nesting or habitat that may contain fauna,

· If any fauna be identified, it shall be appropriately relocated within the site,

· All branches and trunk with a diameter of 300mm or greater shall be cut into 6m or greater lengths.

· The 6m or greater sections of branches and trunk shall be placed on the ground amongst the stand of native trees within the subject land located to the immediate west of the solar farm footprint.

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

(17) In the event of an unexpected find during works such as (but not limited to) the presence of undocumented waste, odorous or stained soil, asbestos, structures such as underground storage tanks, slabs, or any contaminated or suspect material, all work on site must cease immediately. The beneficiary of the consent must discuss with Council the appropriate process that should be followed therein. Works on site must not resume unless the express permission of the Director Development Services is obtained in writing.

(18) Only clean and verified VENM fill shall be imported onto the site and excess excavated material shall be used onsite or disposed at an appropriate location.

(19) The required landscaping must occur as the first works to occur on the land following the issue of a construction certificate. This is to ensure the plants can begin to establish as early as possible. During this period construction personnel must monitor, maintain and water the landscaping on a weekly basis. Replacement plantings must be undertaken if plants die.

(20) A construction noise management protocol is to be in place to minimise noise emissions, manage out of hours minor works, and to respond to potential concerns raised by the community. The use of project related community consultation forums to notify residential receivers of project progress, proposed/upcoming potentially noise generating works, including the duration and nature, are to be conducted.

(21) Localised mobile screens or construction hoarding is to be in place around plant to act as a barrier between construction works and residential receivers. Screens or hoarding is also to be in place where equipment is being operated near to site boundaries and/or residential receivers. This includes screening of areas in constant or regular use, including unloading and laydown areas.

(22) Plant is to be operated in a conservative manner, with no over revving of motors/engines, and is to be shut down when not in use. Only plant with quiet operation performance is to be used on the project.

(23) Multiple noisy plant/equipment working simultaneously is to be avoided, and impact noise is to be minimised.

(24) A broadband reversing alarm is to be fitted on vehicles in lieu of high frequency reversing alarm.

(25) Signage is to be placed in a prominent position at the front entrance to the site, advising truck drivers of their requirement to minimise noise when entering and exiting the site.

(26) Training and education is to be provided to all drivers and contractors accessing the site during the construction period, to ensure they are aware of the location of noise sensitive receivers, and their obligation to generally minimise noise generating activities which may impact on those receivers.

(27) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive. No work (including deliveries) is authorised on weekends or public holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

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

(29) Building demolition is to be carried out in accordance with Australian Standard 2601:2001 - The Demolition of Structures and the requirements of Safe Work NSW.

(30) Asbestos containing building materials must be removed in accordance with the provisions of the Work Health and Safety Act 2011 and any guidelines or Codes of Practice published by Safe Work NSW, and disposed of at a licenced landfill in accordance with the requirements of the NSW EPA.

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

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(32) Prior to the issue of an occupation certificate the requirements of the fire safety report required by deferred commencement condition (C) shall be implemented.

(33) A stock proof farm fence shall be installed on the outside of the 5m wide landscaping corridors and landscape areas on the western, southern and eastern sides of the development footprint. The farm fence shall butt up to the northern boundary fence. The fence shall be designed and installed to prevent livestock from damaging the perimeter landscape screening.

(34) Suitable sheep and cattle yards shall be installed within the subject land. The location of the stock yards shall allow suitable heavy vehicle access. The stock yards shall be installed prior to the issue of an occupation certificate.

(35) Prior to the issue of an occupation certificate, evidence shall be provided to the principle certifying authority that an anti-reflective coating has been applied to all solar panels.

(36) Prior to the issue of an occupation certificate a rainwater tank with a minimum capacity of 50KL equipped for firefighting shall be installed within the fenced area of the solar farm. The tank shall also be filled to capacity with water prior to the issue of an occupation certificate. The tank shall be permanently maintained with a water level not less than 90% of the capacity. A static water supply notice shall be attached to the front gate of the development site.

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

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

(39) A Road Opening Permit Certificate of Compliance is to be issued for the works by Council prior to any Occupation/Final Certificate being issued for the development.

(40) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation Certificate, unless stated otherwise.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

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

(42) The energy generated by this development shall not exceed of 5MW (AC) at any time.

(43) The storage of dangerous goods within the site shall be in accordance with Australian Standard AS 1940-2004.

(44) This consent allows the Electricity Generating Works (solar farm) to operate for a maximum period of 25 years from the date of occupation.

(45) (amended)

Upon the issue of an occupation certificate, a 24 month long landscape monitoring period shall commence. The landscape monitoring period as a minimum shall involve fortnightly watering of all landscaping, bi-annual mulching of all landscaping and quarterly inspections of all landscaping looking for sick or dead plants. Any sick or dead plants identified during the quarterly inspections shall be replaced like for like within 7 days of the respective inspection period.

Council officers, or an officer/s appointed by the Council may inspect the landscaping at any time.

The required landscaping shall be maintained for the life of the consent and inclusive of the decommissioning phase to the satisfaction of Council’s Manager Development Assessments and consistent with measures documented in Part A of this consent.

(46) Upon the issue of an occupation certificate, bi-annual environmental monitoring and auditing shall commence and continue for the life of the development. The bi-annual environmental monitoring and auditing shall comprise an inspection of the solar panels for damaged or deteriorating panels. Should a damaged or deteriorating panel be found, it must be replaced immediately. Depending on the extent of damage, discreet soil testing for heavy metals in the immediate location may be required. A report is required to be submitted to Council within 14 days of each bi-annual environmental monitoring and auditing period detailing the findings and any actions taken for the respective period.

(47) An assessment of noise emissions from the solar farm is to be provided to Council within 3 months from the issue of any Occupation Certificate. This commissioning report is to indicate noise levels through the monitoring of noise emanating from the normal use of the facility and determine, if any, necessary noise mitigation measures. Any identified mitigation works shall be carried out within 1 month of the commissioning report, and the operation of the facility shall be carried out in accordance with any recommendations set out in the report

(48) (amended)

Within six (6) months of the cessation of operations, the site must be rehabilitated to the satisfaction of Council, consistent with the Decommissioning Plan. Documentary evidence is to be provided to Council, from a suitably qualified person, to confirm that the development has been successfully decommissioned to the required standards.

REQUIREMENTS OF ESSENTIAL ENERGY

1. If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment.

2. Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property should be complied with.

3. Essential Energy has existing 11kV overhead powerlines located on the Private Road street frontage of the property. Any proposed fencing or landscaping located near the existing overhead powerlines must comply with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure.

4. Prior to demolition of the existing shed, any service line must be disconnected. Refer to Essential Energy’s Contestable Works team for requirements via email

contestableworks@essentialenergy.com.au.

5. Satisfactory arrangements are to be made with Essential Energy for the provision of power with respect to all improvements that will form part of the development. It is the Applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the development, which may include the payment of fees and contributions. Refer to Essential Energy’s Contestable Works team for requirements via email contestableworks@essentialenergy.com.au.

6. Satisfactory arrangements are to be made with Essential Energy with respect to the proposed solar farm, which will form part of the development. It is the Applicant’s responsibility to enter into the required Connection Agreement/s and any other requirements with Essential Energy for the development, which may include the payment of fees and contributions. Refer Essential Energy’s Network Connections team for requirements via email

networkconnections@essentialenergy.com.au.

7. In addition, Essential Energy’s records indicate there is electricity infrastructure located within the property and within close proximity to the property. Any activities within these locations must be undertaken in accordance with ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure. Approval may be required from Essential Energy should activities within the property encroach on the electricity infrastructure.

8. Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW).

9. Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets.

REQUIREMENTS OF TRANSPORT FOR NSW

· Prior to the commencement of any onsite construction work, the following site access improvements are to be constructed at the proposed intersection with the Mitchell Highway (State HW7) to the satisfaction of Council as the roads authority and TfNSW:

o a bitumen-sealed rural Basic Left turn treatment (BAL) in accordance with Figure 8.2 of Austroads Guide to Road Design Part 4A,

o a bitumen-sealed rural Basic Right turn treatment (BAR) in accordance with Figure A28 of Austroads Guide to Road Design Part 4, AND

o upgrade of the site access driveway in conformance with Figure 7.4 of Austroads Guide to Road Design Part 4, but with the gate or grid set back at least 30m from the edge of the highway, and a bitumen seal extending from the road edge to the gate,

(copies of those diagrams are enclosed at Annexure “B”) with all works also to be in accordance with relevant TfNSW Supplements to Austroads.

· The intersection works are to be designed and constructed for the posted speed limit at this location and be able to accommodate up to 26m B-Doubles and Performance Based Standards (PBS) Level 2B truck combinations nominally 30m in length.

· Truck warning signs (W5-22 Size B) with distance plates (W8-5 Size B) under are to be installed 300m in advance of the site access in both directions on the Mitchell Highway, and are to be removed after completion of construction. Provide details of proposed signage and locations for TfNSW concurrence as part of the road works design review.

· Details of any ancillary works are to be provided including (but not limited to) line marking, intersection and road name signage, drainage transitions, batter slopes, vegetation removal, services relocation, and road reserve widening acquisition.

· Safe Intersection Sight Distance (SISD) requirements as outlined in Austroads Guide to Road Design Part 4A and relevant TfNSW Supplements to Austroads is to be provided and maintained in both directions at the site access intersection.

· The developer will be required to undertake private financing and construction of works on a State classified road in which TfNSW has a statutory interest. A formal agreement in the form of a Works Authorisation Deed (WAD) is required between the developer and TfNSW prior to works commencing.

· A Road Occupancy Licence (ROL) is required prior to any works commencing within three (3) metres of the travel lanes of a State classified road, or work that has potential to impact traffic flow such as the use of traffic control devices or signage to protect workers. Please contact 1300 656 371 for further information regarding a ROL. A Traffic Control Plan prepared by a TfNSW accredited person is to be submitted as part of the ROL application.

· Prior to the commencement of construction works a Traffic Management Plan (TMP) including Driver Code of Conduct is to be submitted to and concurrence obtained from Transport for NSW. The preparation of the TMP will require consultation with Transport for NSW, Orange City Council, principal contractor(s) and relevant stakeholders. The requirements of the TMP and Driver Code of Conduct are to cover the matters referred to within the TMP Annexure “B” (attached).

· The TMP is to include management controls to ensure the specified maximum hourly light vehicle movements (32 to/from east of site and 8 to/from west of site) and maximum 9 daily heavy vehicle arrivals (18 movements), as approved under this consent, are not exceeded.

· The TMP is to be reviewed and updated in response to any changes in operating conditions. A copy of the TMP and Driver Code of Conduct is to be provided to contractors and employees as a part of the site induction and a copy is to be made available to Transport for NSW with each major update.

· At all times during construction and operation of the development, movements between the highway and the site shall be in a forwards-only direction, and all vehicle parking or storage of materials shall be contained within the site boundary unless otherwise agreed to in writing by Council as the roads authority and Transport for NSW.

· The panel tracking hubs and all screening vegetation as approved under this consent shall be maintained in good condition for the life of the development, including prompt repair or replacement of any breakdowns or losses that occur, to ensure the development operates in accordance with the consent.

Other Approvals

(1) Local Government Act 1993 approvals granted under Section 68.

Nil

(2) General terms of other approvals integrated as part of this consent.

Nil

Right of Appeal

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

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

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS
Date:	18 August 2021

Council Meeting 17 August 2021

5.10 Statement of Investments - July 2021

TRIM REFERENCE: 2021/1714

AUTHOR: Julie Murray, Financial Accountant

EXECUTIVE SUMMARY

The purpose of this report is to provide a statement of Council’s investments held as at 31 July 2021.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves:

1 To note the Statement of Investments as at 31 July 2021.

2 To adopt the certification of the Responsible Accounting Officer.

further considerations

SUPPORTING INFORMATION

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

As at 31 July 2021, the investments held by Council in each fund is shown below:

	31/07/2021	30/06/2021
General Fund	72,483,769.50	71,093,680.85
Water Fund	64,004,032.75	66,401,978.22
Sewer Fund	55,487,784.15	57,772,656.23
Total Funds	$191,975,586.40	$195,268,315.30

A reconciliation of Council’s investment portfolio provides a summary of the purposes for which Council’s investments are being held. The summary is as follows:

	31/07/2021	30/06/2021
Externally Restricted
- General Fund	31,404,508.72	30,212,309.42
- Water Fund	64,004,032.75	66,401,978.22
- Sewer Fund	55,487,784.15	57,772,656.23
Internally Restricted	29,832,103.03	27,304,520.65
Unrestricted	11,247,157.75	13,576,850.78
Total Funds	$191,975,586.40	$195,268,315.30

Externally restricted funds are those funds that have been received for a specific purpose and may only be used for the purpose that they have been received, for example, the money received for Water access and usage charges by legislation ae only available to be spent for the operation, maintenance and expansion of the Water supply network.

Internally restricted funds are those that Council has earmarked for a particular purpose but Council also has the ability to have that purpose changed.

Unrestricted funds are those available for use to continue the day to day operations of Council, made up of General Fund investments and cash only.

The unrestricted cash position movements during the month are normal as projects commence and income is received. Movements may also arise following processing of income received between funds or into restricted assets to appropriately allocate for the purposes Council has determined. Council’s cash flow is monitored on a daily basis and some investments may be redeemed rather than rolled over to support operational requirements.

Portfolio Advice

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

Imperium Markets major services provided to Council include:

· Quarterly portfolio summary reports

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

· Advice on policy construction

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

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 July 2021 remained at 0.10 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 0.89 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 0.10 per cent plus 0.75 per cent (or 85 basis points).

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 July 2021, the AusBond rate was 0.90 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 0.89 per cent.

Council’s Investment Policy establishes limits in relation to the maturity terms of Council’s investments as well as the credit ratings of the institutions with whom Council can invest.

The following tables provide a dissection of Council’s investment portfolio as required by the Policy. The Policy identifies the maximum amount that can be held in a variety of investment products or with institutions based on their respective credit ratings.

Table 1 shows the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each term to maturity allocation in accordance with limits established by Council’s Policy.

Table 1: Maturity – Term Limits

Term to Maturity Allocation	Maximum	Holding	Remaining Capacity
0 - 3 Months	100.00%	16.33%	83.67%
3 - 12 Months	100.00%	45.32%	54.68%
1 - 2 Years	70.00%	10.76%	59.24%
2 - 5 Years	50.00%	27.60%	22.40%
>5 Years	25.00%	0.00%	25.00%

Table 2 shows the total amount held, and the weighted average interest rate (or return on investment), by credit rating. The credit rating is an independent opinion of the capability and willingness of a financial institution to repay its debts, or in other words, the providers’ financial strength or creditworthiness. The rating is typically calculated as the likelihood of a failure occurring over a given period, with the higher rating (AAA) being superior due to having a lower chance of default. However, it is generally accepted that this lower risk will be accompanied by a lower return on investment.

The level of money held in the bank accounts has been added to the table to illustrate the ability of Council to cover the operational liabilities that typically occur (for example payroll, materials and contracts, utilities).

Table 2: Credit Rating Limits

Credit Rating	Maximum	Holding	Remaining Capacity	Value	Return on Investment
Bank Accounts	100.00%	7.70%	92.30%	$14,777,967.25	0.10%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	47.01%	52.99%	$90,256,160.00	0.84%
A	60.00%	17.43%	42.57%	$33,470,383.56	0.94%
BBB & NR	40.00%	27.85%	12.15%	$53,471,075.59	0.99%
Below BBB	0.00%	0.00%	0.00%	N/A	N/A

Certification by Responsible Accounting Officer

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

Council Meeting 17 August 2021

5.11 Request for Financial Assistance - Event Sponsorship Funding Round 2 - Events 1 October to 31 December 2021

RECORD NUMBER: 2021/1713

AUTHOR: Sharon D'Elboux, Manager Business Development

EXECUTIVE Summary

Council has received seven (7) applications for Event Sponsorship for the second-round of 2021/2022 events to be held in Orange between October and December 2021. The report is coming before Council for determination as a result of the Local Government election being deferred until 4 December 2021.

This report summaries these applications for Council’s consideration.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “11.2 Prosper - Develop and attract a variety of events, festivals, venues and activities for locals and visitors, ensuring accessibility for all”.

Financial Implications

The Event Sponsorship Program budget for the 2021/22 financial year is $100,000, from which $6,000 has been allocated to date.

Policy and Governance Implications

Council can assist other organisations financially (in cash or in kind) in accordance with section 356 of the Local Government Act 1993.

Council's Strategic Policy - ST144 - Event Sponsorship Program and its related Event Sponsorship Program Guidelines are used to assess applications for Event Sponsorship.

Recommendation

That Council resolves:

1 That funding of $5,000 be made from the Event Sponsorship Program to Book Orange for the A Night in Nashville event.

2 That funding of $5,000 be made from the Event Sponsorship Program to Canobolas Endurance Riders Club for the Matar Stables Bullio Cup 2021.

3 That funding of $10,000 be made from the Event Sponsorship Program to Australian National Field Day for the Australian National Field Days 2021.

4 That funding of $10,000 be made from the Event Sponsorship Program to the Orange Region Vignerons Association for the Orange Wine Festival Night Market 2021.

5 That funding of $726 be made from the Event Sponsorship Program to the Western NSW LHD for the Health Expo 2021.

6 That funding of $12,000 be made from the Event Sponsorship Program to the Rotary Club of Orange Inc. for the National Bush Poetry Performance Championship 2022.

7 That funding of $4,800 be made from the Event Sponsorship Program to the Orange Chamber Music Festival for the Cultured – Orange Chamber Music Festival 2022.

8 That Council's intention to donate $5,000 to Book Orange be placed on public exhibition for 28 days.

9 That Council's Chief Executive Officer be given delegation to finalise determination for the Event Sponsorship to Book Orange post exhibition.

further considerations

SUPPORTING INFORMATION

In the Events Sponsorship Program Strategic Policy and guidelines, the following categories exist to support assessment of applications received:

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

Application Number ESP21/3	Book Orange
Not for profit (yes/no)	Yes
Event name	A Night in Nashville
Event date/s	17 & 18 December 2021
Level of participation	700-900 attendees
Ticketed event	Yes
Amount requested	$5,000
Category and Category range	Incubator Event Fund - $1,000 to $5,000
Aligned with Community Strategic Plan	Yes
Comment and recommendation A Night in Nashville event provides a great night of country music, themed costumes, entertainment, food and fun. Held at the Orange Showground Agricultural Pavilion, the event is designed to attract residents and visitors to Orange. Travel package deals will be arranged by Book Orange. This event will comply with NSW Health Orders in place at the time of the event and be managed under a Covid-19 safe plan. This is a new application to Council and in line with policy, $5,000 is recommended. No request to cover the hire fees has been made. These are payable to Orange City Council. As the organiser of this event is not recognised as not-for-profit, exhibition of the proposed funding is required.

Application Number ESP21/4	Canobolas Endurance Riders Club Inc
Not for profit (yes/no)	Yes
Event name	Matar Stables Bullio Cup 2021
Event date/s	29 October – 1 November 2021
Level of participation	600 attendees
Ticketed event	Yes
Amount requested	$5,000
Category and Category range	Flagship Event Fund - $1,000 to $10,000
Aligned with Community Strategic Plan	Yes
Comment and recommendation Matar Stables Bullio Cup 2021 is an endurance horse riding event of local, regional and international competition. The course travels through Canobolas State Forest and neighbouring farming land owned by Newcrest Mining. It is stated that 90% of people attending the event will be staying overnight in the Orange360 tourism area. This event will comply with NSW Health Orders in place at the time of the event and be managed under a Covid-19 safe plan. This is a new application to Council and in line with policy $5,000 is recommended.

Application Number ESP21/5	Australian National Field Days 2021
Not for profit (yes/no)	Yes
Event name	Australian National Field Days 2021
Event date/s	21 – 23 October 2021
Level of participation	22,000 attendees
Ticketed event	Yes
Amount requested	$10,000
Category and Category range	Event Development Fund - $1,000 to $10,000
Aligned with Community Strategic Plan	Yes
Comment and recommendation Celebrating its 70^th year, Australian National Field Days is an agricultural and community event attracting over 600 exhibitors. The event supports innovation, education and the latest developments across the agricultural industry. With the recent ongoing rainfall across the region, industry confidence has been boosted and this event is anticipated to be well attended. The current event survey revealed 68% of attendees stay in local commercial accommodation. This event will comply with NSW Health Orders in place at the time of the event and be managed under a Covid-19 safe plan. This is a new application to Council and in line with policy $10,000 is recommended.

Application Number ESP21/6	Orange Region Vignerons Association (ORVA)
Not for profit (yes/no)	Yes
Event name	Orange Wine Festival Night Market 2021
Event date/s	1 October 2021
Level of participation	6,000 attendees
Ticketed event	Yes
Amount requested	$10,000
Category and Category range	Event Development Fund - $1,000 to $10,000
Aligned with Community Strategic Plan	Yes
Comment and recommendation With up to 55 wine and food stalls, Orange Wine Festival Night Markets is a signature event for the Orange Wine Festival. In 2021, ORVA plan to spread from Robertson Park into Byng Street and the Southcourt Cultural precinct area. This was trialled in 2019 in collaboration with Orange City Council. The extra area will allow for greater social distancing requirements. Overall attendance at the 2019 Orange Wine Festival was up to 25,000, generating $6.5M to the Orange economy. The average length of stay of 2.3 nights. This event will comply with NSW Health Orders in place at the time of the event and be managed under a Covid-19 safe plan. This is a new application to Council and in line with policy $10,000 is recommended.

Application Number ESP21/7	Western NSW LHD
Not for profit (yes/no)	Government Organisation
Event name	Health Expo 2021
Event date/s	24-25 November 2021
Level of participation	300 attendees
Ticketed event	Yes – for covid record keeping purposes.
Amount requested	$726 – hirer fees of Naylor Pavilion, Orange Showground
Category and Category range	Incubator Event Fund - $1,000 to $5,000
Aligned with Community Strategic Plan	Yes
Comment and recommendation Western NSW Local Health District have selected Orange to host a health expo for all maintenance staff working at NSW Health facilities in the Western NSW district. This includes the towns of Grenfell, Cowra, Canowindra, Blayney, Oberon, Eugowra, Forbes, Parkes, Cudal, Molong, Bathurst, Orange, Rylstone, Mudgee and Gulgong. This event will comply with NSW Health Orders in place at the time of the event and be managed under a Covid-19 safe plan. This is a new application to Council and in line with policy $726 is recommended.

The below application event date is outside of the funding round. It is being assessed to ensure the event organisers have sufficient time to secure event speakers and judges.

Application Number ESP21/8	Rotary Club of Orange Incorporated
Not for profit (yes/no)	Yes
Event name	National Bush Poetry Performance Championship 2022
Event date/s	17 – 18 February 2022
Level of participation	500 people
Ticketed event	Yes
Amount requested	$12,000
Category and Category range	Event Development Fund - $1,000 to $10,000
Aligned with Community Strategic Plan	Yes
Comment and recommendation In 2017, the National Championship was held in Perth, Western Australia. In 2022, it will be held in Orange. The national championships will be held in conjunction with the 2022 Banjo Paterson Australia Poetry Festival, now celebrating its 14^th year. Attracting this event will build the local Banjo Paterson Festival with the addition of professional poetry workshops, winner presentations of the Dusty Swag national bush poetry and a short stay writing competition. This event will comply with NSW Health Orders in place at the time of the event and be managed under a Covid-19 safe plan. This is a new application to Council and in line with policy $12,000 is recommended.

The below application event date is outside of the funding round. It is being assessed to ensure the event organisers have sufficient time to secure artists.

Application Number ESP21/9	Orange Chamber Music Festival Inc
Not for profit (yes/no)	Yes
Event name	Cultured – Orange Chamber Music Festival 2022
Event date/s	30 April 2022
Level of participation	300 people
Ticketed event	Mixed – Yes and some free events
Amount requested	$4,800
Category and Category range	Incubator Event Fund - $1,000 to $10,000
Aligned with Community Strategic Plan	Yes
Comment and recommendation This is the second time the Orange Chamber Music Festival is to be held in Orange. With the theme “Cultured”, the festival is aiming to invigorate the arts cultural precinct. The festival will showcase the Orange Regional Conservatorium, local performers, Music Viva Australia and Sydney Living Museums. The event location will showcase the Southcourt area, involving the Orange Regional Galley, Orange Regional Museum, Orange Visitor Information Centre, Orange Civic Theatre and Groundstone cafe. This event will comply with NSW Health Orders in place at the time of the event and be managed under a Covid-19 safe plan. This is a new application to Council and in line with policy $4,800 is recommended.

Attachments

1 Application - Event Development - Book Orange, D21/49602 ⇩

2 Application - Flagship Event - Canobolas Endurance Riders Club, D21/49600 ⇩

3 Application - Flagship Event - Australian National Field Days, D21/49606 ⇩

4 Application - Event Development - Orange Vignerons Association, D21/49603 ⇩

5 Application - Incubator Event - Western NSW LHD, D21/49601 ⇩

6 Application - Event Development - Rotary Club of Orange, D21/49605 ⇩

7 Application - Incubator Event - Orange Chamber Music Festival 2022, D21/51009 ⇩

20/21 Operating Result*	Original Budget	Actual	Variance
Water Fund	(0.02)	(2.01)	(1.99)
Sewer Fund	(0.79)	(2.54)	(1.75)
General Fund	2.18	(3.78)	(5.96)
Consolidated	1.37	(8.33)	(9.70)

ITEM	VARIANCE	COMMENT
User charges and fees	(2.5)	Not affected as much by Covid as originally expected
Interest revenue	1.04	Lower interest rates compared to budget
Operating grants	(3.9)	Increased grants in Community Services area for Covid support
Gains on sale of assets	(0.9)	Higher value for used cars than budgeted
Materials and services	(0.7)	All Services were not available for full year (ie Theatre, Aquatic Centre, Gallery and others)
Borrowing costs	(0.6)	Lower interest rates compared to budget
Depreciation	1.6	Roads Revaluation increase has also increased yearly depreciation
Total	(5.96)