ORANGE CITY COUNCIL

 

MINUTES OF THE

Planning and Development Committee

HELD IN OCTEC Builing, Old Town Hall, Cnr Byng Street and Anson Streets, Orange

ON 2 November 2021

COMMENCING AT 7.34pm


 1      Introduction

Attendance

Cr R Turner (Chairperson), Cr R Kidd (Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano, Cr J Whitton

Chief Executive Officer, Director Corporate and Commercial Services, A/Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, A/Manager Corporate Governance, Chief Financial Officer, A/Executive Support Manager, Executive Support Administration Officer

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 21/398                                                                         Cr J Whitton/Cr J Hamling

That the apologies be accepted from Cr G Taylor for the Planning and Development Committee of Orange City Council on 2 November 2021.

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil

2       General Reports

2.1     Items Approved Under the Delegated Authority of Council

TRIM Reference:        2021/2210

RESOLVED - 21/399                                                                         Cr J Whitton/Cr J Hamling

That Council resolves to acknowledge the information provided in the report by the Manager Development Assessments on Items Approved Under the Delegated Authority of Council.

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent,

Cr S Romano, Cr J Whitton

Against: Nil

Absent: Cr G Taylor

 

2.2     Development Application DA 242/2021(1) - 98 Dalton Street

TRIM Reference:        2021/1498

MOTION                                                                                          Cr S Munro/Cr S Nugent

That Council consents to development application DA 242/2021(1) for Dual Occupancy (change of use from existing dwelling and Secondary Dwelling) and Subdivision (two lot residential) at Lot 6 DP 1932 - 98 Dalton Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

AMENDMENT                                                                                      Cr K Duffy/Cr J Whitton

That this item be withdrawn and brought back to Council in February 2022.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST.

the motion on being put to the meeting was carried.

RESOLVED - 21/400                                                                            Cr S Munro/Cr S Nugent

That Council consents to development application DA 242/2021(1) for Dual Occupancy (change of use from existing dwelling and Secondary Dwelling) and Subdivision (two lot residential) at Lot 6 DP 1932 - 98 Dalton Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

For: Cr R Turner, Cr R Kidd, , Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano, Cr J Whitton

Against: Cr K Duffy

Absent: Cr G Taylor

 

Cr Nugent – boundary issues needing clarification – can that boundary clarification be done in the process, before the DA or after the DA has been approved?

Acting Director Development Services responded by saying that there is no impediment to the neighbours as far as access or egress.

 

Cr Whitton asked as part of the Conditions we have to do a survey of the site to figure out where the boundaries are, is this correct?

Acting Director Development Services responded, yes.

 

 

 

 

 

 

2.3     Development Application DA 423/2019(3) - 643 Mitchell Highway

TRIM Reference:        2021/2012

MOTION                                                                                                 Cr R Kidd/Cr S Nugent

That Council:

1    1        Determine whether or not it makes a submission on the application to the Western       Regional Planning Panel.

AMENDMENT                                                                                          Cr R Kidd/Cr T Mileto

That Council makes a submission on the application to the Western Region Planning Panel objecting to the proposal to extend the maximum period of the lifespan of the approved solar farm from 25 years to 35 years.

THE AMENDEMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION.

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED.

RESOLVED - 21/401                                                                                 Cr R Kidd/Cr T Mileto

That Council makes a submission on the application to the Western Region Planning Panel objecting to the proposal to extend the maximum period of the lifespan of the approved solar farm from 25 years to 35 years.

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Romano,

Cr J Whitton

Against: Cr S Nugent

Absent: Cr G Taylor

 

Cr Nugent asked in terms of the Local Housing Strategy (LHS) the land this will be built on is not included in the LHS or required for housing development for the next 20 years – so it will be a number of years after that that it may be required for housing development. 2. Last year the staff recommendation was to approve the development for 35 years and was a  decision by WRPP to reduce it to 25 years. Please clarify.

The Acting Director Development Services responded saying that the site of the solar farm is Included in the current Local Housing Strategy but is excluded in the Draft Local Housing Strategy that Council recently considered for the purposes of proceeding to public exhibition. It was acknowledged that the draft housing  strategy was anticipated to cater for residential development for the next 20 years. The Acting Director of Development Services confirmed that the staff recommendation on the initial development recommended approval of the development for 35 years and that the Western JRPP altered the condition in determining the matter to limit the life span of the development to 25 years.

 

 

2.4     Orange Local Environmental Plan - Amendment 33 - Rosedale Gardens

TRIM Reference:        2021/2345

RESOLVED - 21/402                                                                          Cr J Hamling/Cr S Nugent

1        That Council advise the proponent of the need for the Planning Proposal to retain the Urban Release Area designation pending preparation and adoption of the following documents that must address the matters raised in this report to the satisfaction of Council:

·         A site specific Development Control Plan incorporating the matters in the attached Rosedale Gardens DCP scope of works required document, and

·         A site specific Development Contributions Plan or inclusion within a review of the LGA wide contributions plan

2        That staff forward the Planning Proposal to the Department of Planning, Industry and Environment requesting a Gateway Determination, with the recommendation that:

·         The Planning Proposal be required to retain the current Urban Release Area designation,

·         The steepest portions of the site, being areas with a slope exceeding 20%, be added to Schedule 5 of SEPP (Exempt and Complying Development Codes) to reduce the risk of landslip potential arising from inappropriate development, and

·         Council requests any Gateway Determination confirm the preferred mechanism for capping the site at 700 residential lots (excluding any lots created for non-residential purposes, such as open space dedications and the like).

·         Should the Gateway seek substantive changes to the proposal that Council be provided the opportunity to further review and consider such changes before proceeding further.

3        That upon receipt of a Gateway Determination staff proceed with any relevant conditions, consultations and exhibitions required before reporting the matter back to Council.

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent,

Cr S Romano, Cr J Whitton

Against: Nil

Absent: Cr G Taylor

 

Cr Kidd asked this development has gone from 450 lots to 700 do we need to make sure we have services to those houses, electricity sewerage etc

The Chief Executive Officer responded by saying this is still their vision and at this early stage we do not have that sort of detail

Cr Duffy commented that he had major concern with access roads and asked will it fit into the infrastructure we have planned going out towards CSU and will they be adequately done

The Chief Executive Officer responded by saying that Council would engage with other agencies through the process including RMS -  given the increase of lot yield, water harvesting will this detract from the yield.

Director Technical Services responded by saying that one of the requirements of the subdivision code is that all new roads constructed within a subdivision will be tested prior to sealing with a Benkelman Beam.  This tests deflection of the pavement and highlights anything from poor design, poor materials or poor construction techniques.  Developer Contributions will be collected to support the upgrade of Clergate Road and Leeds Parade.  It is still the developers intent to be Water Neutral and the intensification of lots from 450 to 700 will increase the amount of hard surfaces available to collect stormwater from and will be a design consideration.  Sewering the lots will also be a design consideration.  There is already extensive water infrastructure in place to service the previous abattoir that will be adequate to supply water, however a water tower will most likely be required to supply adequate pressure to some parts of the proposed development and will be a design consideration.

Cr Nugent asked how this relates to the LHS, this land is included in the LHS and would it be 450 lot yield, does this impact on other greenfield sites

The Chief Executive Officer responded and said that Council actually allowed for this in the Strategy

Cr Duffy asked is the land owned by the developer, not anyone else

Director Technical Services answered yes its owned by the developer

 

2.5     Changes to short-term rental accommodation (STRA) Report/Fact Sheet

TRIM Reference:        2021/2155

MOTION                                                                                               Cr R Turner/Cr T Mileto

1        That the contents of the report be noted.

2        That Council permit the opportunity for non-hosted short term rental accommodation to operate within the City 365 days a year.

AMENDMENT                                                                                     Cr S Nugent/Cr T Mileto

That Council defer this item so that more information can be provided to Council on the impact on rental property availability.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST.

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED.

RESOLVED - 21/403                                                                                  Cr K Duffy/Cr R Kidd

1        That the contents of the report be noted.

2        That Council permit the opportunity for non-hosted short term rental accommodation to operate within the City 365 days a year.

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Romano,

Cr J Whitton

Against: Cr S Nugent

Absent: Cr G Taylor

 

2.6     Development Application DA 408/2021(1) - 149-153 Summer Street

TRIM Reference:        2021/2368

RESOLVED - 21/404                                                                           Cr J Hamling/Cr S Munro

That Council consents to development application DA 408/2021(1) for Artisan Food and Drink Industry (brewery and taproom; change of use, minor demolition, construction and fitout works); Business Identification Signage (wall sign) at Lot 10 DP 12353, Lot C DP 89704, Lot 1 DP 996128, Lot 781 DP 11804048 149-153 Summer Street, 215-223 Anson Street and 40 Sale Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent,

Cr S Romano, Cr J Whitton

Against: Nil

Absent: Cr G Taylor

 

2.7     Development Application DA 368/2021(1) - 24 Cedar Street

TRIM Reference:        2021/2369

RESOLVED - 21/405                                                                            Cr S Nugent/Cr S Munro

That Council consents to development application DA 368/2021(1) for Dwelling, Attached Carport and Detached Garage at Lot 13 DP 271090 – 24 Cedar Street, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

 

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent,

Cr S Romano, Cr J Whitton

Against: Nil

Absent: Cr G Taylor

 

2.8     Development Application DA 390/2021(1) - 1610 and Lot 209 Forest Road

TRIM Reference:        2021/2372

RESOLVED - 21/406                                                                                Cr R Kidd/Cr S Munro

That Council:

1        makes a positive submission on the application to the Western Regional Planning         Panel.

 

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Romano, Cr J Whitton

Against: Cr S Nugent

Absent: Cr G Taylor


Cr Romano left the meeting at 8.28pm.

The Meeting Closed at 8.28pm.