Ordinary Council Meeting

 

Late Items

 

16 November 2021

 

 

  

 


Council Meeting                                                                                     16 November 2021

Late Items

  

2                Mayoral Minutes (provided 16 November 2021) 3

2.1            Referendum on Number of Orange City Councillors. 3

2.2            Waiving of Function Centre Fees - Funeral 5

5                General Reports (Provided 15 november 2021) 6

5.10         Joint Regional Planning Panel - Orange Region Representative Extension. 6

 


Council Meeting                                                                                     16 November 2021

2       Mayoral Minutes

2.1     Referendum on Number of Orange City Councillors

RECORD NUMBER:       2021/2701

 

 

Mayoral Minute

That Orange City Council put forward to have a constitutional referendum to see the communities attitude toward Orange City Council having nine (9) Councillors instead of twelve (12).

 

Recommendation

That the information contained in this Mayoral Minute be acknowledged.

 

 

Reg Kidd
Mayor

SUPPORTING INFORMATION

Having nine (9) Councillors would align with similar (or bigger) regional councils ie. Bathurst (9), Dubbo (10) and Wagga (9) and others.

Noting that if a referendum were to occur at the September 2024 Local Government election the changes would not come into effect until the following Election in September 2028.

Financial Implications

There would only be financial implications to Council if the constitutional referendum were held as a stand-alone referendum ie. not part of the scheduled Local Government election.

 

  


Council Meeting                                                                                     16 November 2021

2.2     Waiving of Function Centre Fees - Funeral

RECORD NUMBER:       2021/2702

 

 

Mayoral Minute

Local icon, Dennis Gregory passed away last week and his funeral will be held at the Orange Function Centre next Monday 22 November 2021 at 11.00am. I propose that Council forego the Function Centre fees in respect for the long standing dedication to the community by Dennis Gregory.

 

 

Recommendation

That the information contained in this Mayoral Minute be acknowledged.

 

 

Reg Kidd
Mayor

Financial Implications

As per Council’s Fees and Charges the amount to be waived is $1,165.00 for 300 -500 people.

 

     


Council Meeting                                                                                     16 November 2021

5       General Reports

5.10   Joint Regional Planning Panel - Orange Region Representative Extension

RECORD NUMBER:       2021/2665

AUTHOR:                       Paul Johnston, Manager Development Assessments    

 

 

EXECUTIVE Summary

Joint Regional Planning Panels (JRPP) have been established across NSW, with the Western Panel established in September 2009. The JRPP is tasked with assessing major or significant development applications that meet a range of criteria. The structure of the JRPP consists of five panellists, of which three are appointed by the State, including the chair, and the remaining two are local panellists appointed by the relevant Council.

All local appointments are for a period of three years. In 2018 Council undertook a nomination process that included a call for expressions of interest. This resulted in two nominated representatives, Mr Allan Renike and Cr Russell Turner.

The local appointments are now due to expire, and due to the caretaker period it may be inappropriate to appoint representatives for a full term prior to the elections. However the panel remains able to convene and determine matters with a minimum of three members. As such there is a concern that significant development applications could be determined by the panel without local representation.

Accordingly it is recommended that the current local representative Mr Allan Renike be nominated for an additional 6 months or until such time as the new Council is able to consider the matter further.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves to extend the appointment of Councils representative on the Joint Regional Planning Panel, Mr Allan Renike, for 6 months (until 01 May 2022) as an interim measure until the matter can be reviewed in more detail after the local government elections.

That staff commence an expression of interest process to seek interested members of the community to serve as local representatives on the JRPP with selections to be confirmed by Council as soon as practicable after the local government elections.

 

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 Joint Regional Planning Panel (Western when it sits on an Orange LGA matter) is made up of three State members not related to Orange Council, and two Council representatives (with a reserve ‘alternate’ representative also nominated in case one of the other representatives is unavailable). Council’s representatives may be Councillors or members of the public, but at least one of the representatives must have expertise in a related field.

Permanent non-Council Members

Council is reminded that the current JRPP sitting permanent non-Council related members are: Chair - Garry Feilding, State Members - Graham Brown and Sandra Hutton.

Council Representatives

Council may select three people to represent the Council and community, two primary representatives and an alternate. The primary representatives would be expected to participate in most cases, while the alternate can be called on should either of the two primary representatives be unavailable or have a conflict of interest.

Section 2.13(3) of the Environmental Planning and Assessment Act precludes property developers and real estate agents from serving as members of the JRPP. Beyond this legislated restriction nothing else prevents a current or former Councillor or former staff member from being selected, although at least one representative - who should be a primary representative - must have appropriate expertise.

Equally, there is no requirement for any of the representatives to be Councillors or Council staff, and they could all be selected from the community. The primary focus is to ensure that Council is fairly represented on the panel and can have confidence in its decisions.

Section 4 of the JRPP operational procedures states:

At least one council member is required to have expertise in one or more of the following areas: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.

The local appointments are now due to expire, and due to the caretaker period (local; Government elections) it may be inappropriate to appoint representatives for a full term prior to the elections. However the panel remains able to convene and determine matters with a minimum of three members. As such there is a concern that significant development applications could be determined by the panel without local representation.

Accordingly it is recommended that the current local representative Mr Allan Renike be nominated for an additional 6 months (until 01 May 2022) or until such time as the new Council is able to consider the matter further.  Mr Allan Renike is considered to satisfy the criterion of having appropriate expertise in one or more of the areas described.


 

Each council identifies how their members are selected. In selecting members, councils should have regard to the conflict of duties that would be created for a person nominated to the planning panel if they were in any way responsible or involved in the assessment and recommendation of a DA or a rezoning review to be determined by the panel.

 

 

Attachments

1          JRPP Operational Procedures, D19/58863

2          JRPP Code of Conduct, D19/58862

  


Council Meeting                                                                                                             16 November 2021

Attachment 1      JRPP Operational Procedures

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Council Meeting                                                                                                             16 November 2021

Attachment 2      JRPP Code of Conduct

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Council Meeting                                                                                     16 November 2021