Ordinary Council Meeting
Agenda
15 February 2022
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that an Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 15 February 2022 commencing at 7.00pm.
David Waddell
Chief Executive Officer
For apologies please contact Administration on 6393 8106.
Council Meeting 15 February 2022
EVACUATION PROCEDURE
In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.
Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.
In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
1.3 Acknowledgement of Country
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 01 February 2022
4 Notices of Motion/Notices of Rescission
5.1 Policy Committees of Council
5.2 Confirmation of Community Committee Framework and Councillor Membership
5.3 Statement of Investments - November 2021
5.4 Quarterly Budget Review and Progress Report - Quarter 2 of 2021/2022
5.5 Development Application DA 437/2021(1) - Wentworth Golf Club - 130 Ploughmans Lane
5.6 Regional Road Transfer and Road Classification Review
6 Closed Meeting - See Closed Agenda
6.1 Aquisition Part Lot 2 DP 558405 Shiralee Road
6.2 Proposed Acquisition Part Lot 6 DP 270635 Industry Drive
6.3 Acquisition Part Lot 194 DP 756899 Stage 4 Southern Feeder Road
6.4 Lease Hangar Site G Orange Airport
6.5 Entering into Contracts for Linemarking Services
7 Resolutions from closed meeting
1 Introduction
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.
1.3 Acknowledgement of Country
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
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Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.
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3 Confirmation of Minutes of Previous Meeting
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RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 1 February 2022 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 1 February 2022. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 1 February 2022
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 1 February 2022
COMMENCING AT 7.00pm
Attendance
Cr J Hamling (Mayor), Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne, Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Chief Executive Officer, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, A/Manager Corporate Governance, Chief Financial Officer, A/Executive Support Manager, Manager Engineering Services
1.1 APOLOGIES
Nil
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
1.3 OPENING PRAYER
ANDREW CUNNINGHAM OF THE UNITING CHURCH LED THE COUNCIL IN PRAYER
1.4 ACKNOWLEDGEMENT OF COUNTRY
The Mayor conducted an Acknowledgement of Country.
Condolences – The Mayor paid tribute for the late ex-Councillor Glenn Taylor and the Chamber observed a minute’s silence. Councillors also shared their sentiments about their time working with Glenn.
1.5 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr Evans declared a non-pecuniary, non-significant interest in Item 5.5 – Endorsement of fees for use of the retail pods under future cities as he is the President of the Business Orange (Orange Business Chamber) and thus he endorsed the retail pods and the benefits they would have for local business and small enterprises. Business Orange does not stand to directly benefit from this matter.
Cr Mallard declared a non-significant, non-pecuniary interest in Item 5.6 – Items Approved Under Delegated Authority as he and his partner jointly own shares in the Central West NSW Co-operative Energy Democracy.
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RESOLVED - 22/001 Cr K Duffy/Cr J Whitton That the following late item be accepted: 2.1 Mayoral Minute – Ex-Councillor Taylor – Funeral Expenses |
2 Mayoral Minutes
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
3 Confirmation of Minutes of Previous Meeting
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Cr Duffy made reference to the Mayoral Minute tabled at 16 November 2021 Council Meeting Item 2.1 Referendum on Number of Orange City Councillors and stated that reducing Councillor numbers to 9 would lessen the diversity on our Council. This matter should be discussed among Councillors (possibly at a briefing) and brought back to Council for consideration. |
4 Notices of Motion/Notices of Rescission
Nil
5 General Reports
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TRIM Reference: 2021/255 |
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RESOLVED - 22/004 Cr J Hamling/Cr J Whitton That each Councillor take the oath or affirmation of office.
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For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
The following Councillors took the Oath of Office of Council:
Cr Hamling
Cr Whitton
Cr Greenhalgh
Cr McDonell
Cr Power
Cr Peterson
Cr Floyd
The following Councillors took the Affirmation of Office of Council:
Cr Mallard
Cr Duffy
Cr Evans
Cr Kinghorne
Cr Mileto
The Mayor gave a speech about the honour of being elected Mayor and his visions for the city of Orange.
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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RESOLVED - 22/006 Cr K Duffy/Cr J Whitton That the method of voting for the election of Deputy Mayor be ordinary ballot. |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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RESOLVED - 22/007 Cr D Mallard/Cr J Evans That the Chief Executive Officer, acting as the Returning Officer, conduct the election for the Deputy Mayor |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
The Chief Executive Officer advised that nominations for Deputy Mayor had been received from:
· Cr Mileto
· Cr Whitton
· Cr Peterson
· Cr Power
· Cr Duffy
Following the first round of voting, Cr Mileto received 3 votes, Cr Whitton received 3 votes, Cr Peterson received 1 vote, Cr Power received 3 votes and Cr Duffy received 2 votes. As Cr Peterson had the lowest number of votes his nomination was excluded and a new ballot conducted with the remaining candidates.
Following the second round of voting, Cr Mileto received 4 votes, Cr Whitton received 3 votes and Cr Power received 3 votes and Cr Duffy received 2 votes. As Cr Duffy had the lowest number of votes his nomination was excluded and a new ballot conducted with the remaining candidates.
Following the third round of voting, Cr Mileto received 4 votes, Cr Whitton received 3 votes and Cr Power received 5 votes. As Cr Whitton had the lowest number of votes his nomination was excluded and a new ballot conducted with the remaining candidates.
Following the fourth round of voting, Cr Mileto received 6 votes and Cr Power received 6 votes. As this was a tied vote both names were placed in a box and drawn by lot.
Cr Power’s name was drawn by lot and he was declared elected to the position of Deputy Mayor.
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
Cr Peterson asked the question if the Mayoral role was to become vacant would the position go to the second most popular candidate
The Chief Executive Officer responded by saying that most likely this would happen and that Council would liaise with the Electoral Commission if this situation were to arise.
For: Cr J Hamling, Cr J Evans, Cr T Greenhalgh, Cr D Mallard, Cr M McDonell,
Cr T Mileto, Cr S Peterson, Cr G Power, Cr J Whitton
Against: Cr K Duffy, Cr G Floyd, Cr F Kinghorne, Cr T Mileto
Absent: Nil
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
Cr Mileto asked the question with regards to DA211/2021(1) pg 34 ( 42 residential lots) & DA265/2021(1) pg 35 (55 residential lots), how close are the headworks to these locations and approximate time of when they may progress?
Director Technical Services responded by saying that Council recently constructed sewer to service that area in the Shiralee estate. Council has completed the extension of the trunk mains through and underneath the railway line and that allows the servicability to that northern section of Shiralee, the southern section was serviced by the sewer previously that goes through the adjoining Bloomfield site back towards Forest Rd. Yes services are there and available, not necessarily as a frontage but the development does connect to them.
Cr Mileto asked regarding 76 Lysterfield Rd – 55 residential lots are the headworks to this location and could you clarify a timeframe?
Director Technical Services responded by saying that this development may have to extend the sewer main from the Trunk Mains into this area, some lots are easily serviced by the existing sewer to the south. These works are not a responsibility of Council to extend any further, works are the responsibility of the Developer.
Nil
The Meeting Closed at 8.21pm.
This is Page Number 13 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 1 February 2022.
TRIM REFERENCE: 2021/258
AUTHOR: David Waddell, Chief Executive Officer
EXECUTIVE Summary
It has been Council’s practice to establish a number of Policy Committees, and to delegate authority to those Committees to determine a range of matters, with exception to matters that would cause expenditure outside Council’s adopted Delivery/Operational Plan.
This report seeks Council’s determination of the Policy Committee structure. This report also seeks Council’s determination of those Policy Committee Chairpersons.
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
All Committees are subject to Council’s Code of Meeting Practice. Following Council’s determination of the Committee structure, Charters for the Policy Committees will be developed and presented to Council for adoption.
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1 That Council determine the Policy Committee Structure. 2 That the method of voting for the election of Policy Committee Chairperson(s) be ordinary ballot. 3 That the Chief Executive Officer, acting as Returning Officer, conduct the election for the Policy Committee Chairperson(s). |
further considerations
Consideration has been given 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 Policy Committee structure under the previous Council was:
a Planning and Development Policy Committee
b Employment and Economic Development Policy Committee
c Infrastructure Policy Committee
d Sport and Recreation Policy Committee
e Environmental Sustainability Policy Committee
f Finance Policy Committee
g Services Policy Committee
For Council’s information, the reporting line for the previous Community Committees through these previous Policy Committees is attached. Policy Committee Charters from the last term of Council are also attached for information.
Council has previously discussed other possible structures for the Policy Committees including:
§ Reducing the number to four to align with the Divisions of Council (Corporate and Commercial, Technical, Development and Community, Recreation and Cultural)
§ Determining the number of Policy Committees based on key areas of interest to the community
§ Combining Planning and Development with Employment and Economic Development Policy Committees
Along with the Community Committee structure, Council will be required to determine the Chairperson for each Policy Committee established at this meeting.
Election of Chairperson(s)
Council will need to resolve the method of voting. It is recommended that the method of voting be ordinary ballot (as was adopted for the election of the Deputy Mayor) or Open Ballot (show of hands).
The procedure to be followed for the conduct of the elections will be similar to the process adopted for the election of the Deputy Mayor, except for the requirement to provide nominations in writing.
Councillors may nominate for the position of Chairperson without notice at the meeting, and nominations do not need to be in writing. Any nomination by a Councillor will require another Councillor to ‘second’ the nomination. The Chief Executive Officer will call for nominations and conduct the election for Chairperson of one Policy Committee at a time.
A nomination form is attached for those Councillors wishing to complete prior to the meeting and can be placed in the Ballot Box in the CEO’s office or the Council Chamber prior to the meeting.
Procedures for the election count, as set out in the Local Government (General) Regulation 2005 Schedule 7, are detailed below:
Election
3 (1) If only one Councillor is nominated, that Councillor is elected.
(2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.
(3) The election is to be held at the Council Meeting at which the Council resolves on the method of voting.
(4) “ballot” has its normal meaning of secret ballot
“open voting” means voting by a show of hands or similar means.
Ordinary Ballot or Open Voting
Marking of Ballot Papers
5 (1) If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner which votes are to be marked on the ballot-papers.
(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 (1) (b) and (c) and (6) of this Regulation as if it were a ballot-paper referred to in that clause.
(3) An informal ballot-paper must be rejected at the count.
Count - 2 Candidates
6 (1) If there are only 2 candidates, the candidate with the higher number of votes is elected.
(2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.
Count - 3 or more candidates
7 (1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.
(2) If 3 or more candidates remain, a further vote is taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.
(3) If, after that, 3 or more candidates remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.
(4) A further vote is to be taken of the 2 remaining candidates.
(5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.
(6) If at any stage during a count under subclause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.
Preferential Ballot
Ballot-papers and Voting
9 (1) The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the numbers ‘1’, ‘2’ and so on against the various names to indicate the order of their preference for all the candidates.
(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 (1) (b) and (c) and (5) of this Regulation as if it were a ballot-paper referred to in that clause.
(3) An informal ballot-paper must be rejected at the count.
Count
10 (1) If a candidate has an absolute majority of first preference votes, that candidate is elected.
(2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preference on those ballot-papers.
(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected.
(4) In this clause, absolute majority, in relation to votes, means a number that is more than one-half of the number of unexhausted formal ballot-papers.
Choosing by Lot
11 To choose a candidate by lot, the names of candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.
1 Policy and Community Committee Structure established by the previous Council in 2017, D22/5824⇩
2 Policy Committee Charters - 2017, D22/5839⇩
3 Nomination Form - Chairperson Policy Committees, D22/5954⇩
Attachment 1 Policy and Community Committee Structure established by the previous Council in 2017
RECORD NUMBER: 2021/1030
AUTHOR: Catherine Davis, Acting Manager Corporate Governance
EXECUTIVE Summary
This report seeks Council’s determination of its Community Committee structure over the current term of Council. A suggested framework is provided for Council’s consideration based on limited discussions with Councillors to date, however Council is free to establish any Committee is deems appropriate.
Orange City Council is also represented on a range of other external agencies and organisations, and these are also listed for determination by Council for the coming term.
This report provides draft Charters for the proposed Committees for information. Council will have the opportunity to adopt the final Charters following the expression of interest process for members is complete.
Councillors have had the opportunity to peruse those Committees/external agencies for which representation/Chairpersons are required.
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
Under the Local Government (General) Regulation 2005, Council may establish those Committees it deems appropriate. Any such Committees established are governed by Council’s adopted Code of Meeting Practice and Committee Members are required to comply with Council’s Code of Meeting Practice and Code of Conduct.
Once the Community Committee framework is established by Council, expressions of interest will be sought from interested community members and appropriate agencies. Invitations to join a Council Committee will also be extended to the unsuccessful candidates in the 2021 Local Government election.
The results of this process, together with the final Charter for each Committee, will be presented to Council for adoption in the coming months.
If a Councillor is going to be absent from the 15 February Council meeting and therefore an apology for this meeting, a Councillor may indicate their preferences in relation to the Committees structure, membership and/or Chairing a Committee, in writing to the author prior to the meeting, and these preferences will be provided to the Mayor for consideration during the Council Meeting.
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1 That Council establish the Community Committee framework for the 2022/2024 term of Council. 2 That Council confirm the Chairperson and Councillor members identified for each Community Committee established (with exception to those that Council determine will have a community member as the Chairperson). 3 That Council seek expressions of interest from community members and relevant agencies/organisations to join a Community Committee, based on the draft Charter for each Committee. 4 That Council confirm representation on the following external bodies a City of Orange Traffic Committee b Orange Rail Action Group c Joint Regional Planning Panel d Business Enterprise Centre e Association of Mining Related Councils f Business Orange (Orange Business Chamber ) g TDO Limited h Central NSW Joint Organisation (CNSWJO) i Orange Regional Arts Foundation j Ronald McDonald House Board
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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
Community Committees
Council has a history of establishing Community Committees as a mechanism for two-way feedback with the community and relevant agencies. One of the initiatives introduced in more recent times was to ensure each Committee develops and receives update reports on an Action Plan. This allows the Committee to identify projects and tasks to be completed, and as these Action Plans are reported to Council, this information is used to inform Council’s Delivery/Operational Plan.
The following table provides a draft framework for Council’s consideration.
|
Community Committee |
Policy Committee it reports to |
Councillor members |
Chairperson |
Meets |
|
Economic Development |
Employment and Economic Development |
3 or more including the Chairperson |
Councillor |
Every second month |
|
Orange Health Liaison |
Employment and Economic Development |
3 including the Chairperson |
Councillor |
Quarterly |
|
Sister Cities |
Employment and Economic Development |
2 |
Community member |
As required |
|
Audit and Risk Management |
Finance |
Mayor + 1 |
Independent |
Quarterly |
|
Spring Hill |
Services |
2 or more including the Chairperson |
Councillor |
Quarterly |
|
Lucknow |
Services |
2 or more including the Chairperson |
Councillor |
Six monthly |
|
Clifton Grove |
Services |
2 or more including the Chairperson |
Councillor |
Six monthly |
|
Ageing and Access |
Services |
3 including the Chairperson |
Councillor |
Quarterly |
|
Cultural Heritage |
Services |
3 including the Chairperson |
Councillor |
Quarterly |
|
Community Safety and Crime Prevention |
Services |
3 including the Chairperson |
Councillor |
Quarterly |
|
NAIDOC Week |
Services |
3 |
Community member |
As required |
|
Orange Regional Museum |
Services |
2 including the Chairperson |
Councillor |
As required |
|
Orange Conservatorium and Planetarium |
Services |
3 including the Chairperson |
Councillor |
As required |
|
Floodplain Management |
Infrastructure |
2 including the Chairperson |
Councillor |
As required |
|
Orange and Cabonne Road Safety |
Infrastructure |
2 |
Committee determined |
As required |
|
Orange Airport |
Infrastructure |
3 or more including the Chairperson |
Councillor |
As required |
|
Sport and Recreation (incl. Bicycling) |
Sport and Recreation |
3 including the Chairperson |
Councillor |
Six monthly |
|
Orange Showground |
Sport and Recreation |
3 including the Chairperson |
Councillor |
As required |
|
Australia Day |
Sport and Recreation |
2 |
Community member |
As required |
|
Companion Animals |
Environmental Sustainability |
2 including the Chairperson |
Councillor |
Quarterly |
|
Environmental Sustainability |
Environmental Sustainability |
2 or more including the Chairperson |
Councillor |
Quarterly |
|
Parks, Trees and Waterways (including Orange Botanic Gardens) |
Environmental Sustainability |
2 or more including the Chairperson |
Councillor |
Quarterly |
|
Tidy Towns |
Environmental Sustainability |
3 including the Chairperson |
Councillor |
As required |
Charters for Community Committees
For those Community Committees suggested, the Charter from the last Council term is attached. This will assist Council in identifying the purpose of the Committee, and will be used in the expression of interest process for members.
Depending on the outcome of the expression of interest process (i.e. how many community members are attracted for each Committee), and feedback from Council, these Charters may be amended, so a final version will be presented to Council for adoption following the expression of interest process.
EXTERNAL AGENCY APPOINTMENTS
|
External Agency |
Information |
Councillor Members |
|
City of Orange Traffic Committee |
Committee meets monthly |
1 Councillor Chairperson and 1 Councillor alternate |
|
Orange Rail Action Group |
The Orange Rail Action Group is a group which is seeking support from Council. Any interested Councillor is invited to join this Committee. |
All interested Councillors |
|
Joint Regional Planning Panel |
The Joint Regional Planning Panel (JRPP) is a function of the NSW Government, and provides independent, merit-based decision making on regionally significant development. The JRPP comprises five panellists, with three members selected by the State Government and two selected to represent Council. |
2 |
|
BizHQ (Business Enterprise Centre) |
The Business Enterprise Centre (BEC) is a community-based, not-for-profit business assistance organisation designed to facilitate the creation, retention and development of sustainable business enterprises and foster local economic development. |
1 |
|
Association of Mining Related Councils |
This group is a non-profit local government based group with the aim to represent councils in all aspects of mining, including extractive industries, gas exploration, quarries and minerals. There are some 22 Council members, including Cabonne and Blayney Councils. Meetings are generally quarterly, held in member areas around the state.
|
Council has traditionally had two members, one the Mayor (or Mayor’s nominee) and another Councillor.
|
|
Business Orange (Orange Business Chamber) |
This position is in addition to the 11 elected Executive Committee positions. |
1 |
|
TDO Limited (Orange360) |
TDO Limited was established by the tourism industry to develop the governance model for Orange360. |
3 (Traditionally CEO and Mayor + 1 Councillor) |
|
Central NSW Joint Organisation (CNSWJO) |
CENTROC is the Central West Region of Councils, covering 14 Local Government areas across the Central West region. The Board of CENTROC generally meets quarterly. |
Mayor (+ an alternate) |
|
Orange Regional Arts Foundation |
The Foundation is a company set up to support and encourage the development of the visual and performing arts in the Orange Region. Managers of Council facilities including the Library, Theatre, Gallery and Museum attend meetings in a non-voting capacity |
1 |
|
Ronald McDonald House Board |
The Board of Ronald McDonald House oversees the operation of Ronald McDonald House in Orange, including fundraising. |
1 |
1 Combined Community Committee Charters 2017, D22/5951⇩
2 Audit, Risk and Improvment Committee (ARIC) Charter, D22/5953⇩
TRIM REFERENCE: 2021/2750
AUTHOR: Julie Murray, Financial Accountant
EXECUTIVE SUMMARY
The purpose of this report is to provide a statement of Council’s investments held as at 30 November 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
|
That Council resolves: 1 To note the Statement of Investments as at 30 November 2021. 2 To adopt the certification of the Responsible Accounting Officer. |
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
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 30 November 2021, the investments held by Council in each fund is shown below:
|
|
30/11/2021 |
31/10/2021 |
|
General Fund |
74,273,541.40 |
72,906,773.76 |
|
Water Fund |
67,110,273.27 |
67,218,608.68 |
|
Sewer Fund |
58,684,048.07 |
57,746,804.87 |
|
Total Funds |
$200,067,862.74 |
$197,872,187.31 |
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:
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 are 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 daily 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 30 November 2021 remained at 0.10 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 0.95 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 on long term investments. As of 30 November 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 0.95 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% |
18.61% |
81.39% |
|
3 - 12 Months |
100.00% |
29.13% |
70.87% |
|
1 - 2 Years |
70.00% |
12.18% |
57.82% |
|
2 - 5 Years |
50.00% |
40.07% |
9.93% |
|
>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% |
11.55% |
88.45% |
$23,111,972.59 |
0.10% |
|
AAA |
100.00% |
0.00% |
100.00% |
N/A |
N/A |
|
AA |
100.00% |
48.86% |
51.14% |
$97,756,160.00 |
1.00% |
|
A |
60.00% |
16.73% |
43.27% |
$33,470,383.56 |
0.94% |
|
BBB & NR |
40.00% |
22.86% |
17.14% |
$45,729,346.59 |
0.85% |
|
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.
RECORD NUMBER: 2022/109
AUTHOR: Jason Cooke, Chief Financial Officer
EXECUTIVE Summary
This report provides the second quarter review of the 2019-2022 Delivery/Operational Plan, as required under section 403 of the Local Government Act 1993. This report illustrates the progress Council is making on the strategies and tasks identified in its strategic planning documents.
This report also provides a summary of Council’s financial position over the quarter. The Directions (Collaborate, Live, Prosper, Preserve) financial summary tables with the attached Performance Indicators and quarterly review documents have been reviewed and updated and include projects across all three funds (General, Water and Sewer).
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
The Quarterly Review has identified favourable variations totalling $212,503 to Council’s adopted September 2021 quarterly budget. The effect of these variations results in Council’s projected overall year-end consolidated position improving slightly to a smaller deficit of $2,480,748 including capital.
Table 1 below presents Council’s projected year-end result by Direction as identified in the Community Strategic Plan and the Delivery/Operational Plan. It is important to note that all red bracketed numbers in Tables 1-3 below indicate a surplus result for Council.
|
Direction |
Adopted Budget |
Proposed Variations |
Proposed Budget |
|
Collaborate |
(24,428,866) |
(74,100) |
(24,502,966) |
|
Live |
18,127,481 |
461,597 |
18,589,078 |
|
Prosper |
(3,191,605) |
0 |
(3,191,605) |
|
Preserve |
12,186,241 |
(600,000) |
11,586,241 |
|
Total |
2,693,251 |
(212,503) |
2,480,748 |
Table 1: Projected year-end position by Direction
Table 2 presents Council’s projected year-end result by Fund, showing Cost to Council (which includes capital expenditure, capital income and funding).
|
Fund |
Adopted Budget |
Proposed Variations |
Proposed Budget |
|
General |
4,252,432 |
487,497 |
4,739,929 |
|
Water |
(210,204) |
(700,000) |
(910,204) |
|
Sewer |
(1,348,977) |
0 |
(1,348,977) |
|
Total |
2,693,251 |
(212,503) |
2,480,748 |
Table 2: Projected year-end position by Fund
Table 3 presents Council’s projected year-end Operating Result (before capital) by Fund.
|
Fund |
Adopted Budget |
Proposed Variations |
Proposed Budget |
|
General |
3,148,822 |
346,649 |
3,495,471 |
|
Water |
(266,617) |
200,000 |
(66,617) |
|
Sewer |
(1,257,235) |
0 |
(1,257,235) |
|
Total |
1,624,970 |
546,649 |
2,171,619 |
Table 3: Projected year-end operating result by Fund
Material changes to budget in the December quarterly review
Further information on the individual variations proposed as part of this review, which have a material effect on Council’s financial results, is detailed in Tables 4 to 7 below.
While there are a number of minor variations detailed in the Tables, the significant contributors to the overall net variation are the deferment of a water capital project slightly offset by the need to develop manuals and dam emergency plans, additional works required on the gallery extension, and the movement of money for CBD upgrades from capital to operating expenditure reflecting Accounting Standards treatment for the program of capital upgrades on third party property facades. As the properties are not owned and controlled by Council, the expenditure must be recognised as operating rather than capital.
Table 4: General Fund Operating Result
Table 5: General Fund Overall Cost to Council
Table 6: Water Fund Operating Result
Table 7: Water Fund Overall Cost to Council
Policy and Governance Implications
Nil
|
That Council resolves: 1 That the information provided in the report on the quarterly budget for October 2021 to December 2021 be acknowledged. 2 The bank reconciliation statement be acknowledged. 3 To adopt favourable variations in the consolidated overall cost to council arising from the December 2021 quarterly review amounting to $212,503 |
further considerations
The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:
|
Service Delivery |
The Performance Indicators highlight progress in achieving the strategies and actions set by Council’s Delivery/Operational Plan. The “traffic light” indicators show the status of each task. A green light indicates the task is on track. An amber light suggests some delay and a red light is provided to those tasks that are unable to be achieved. All tasks have a comment that indicates progress. |
SUPPORTING INFORMATION
Highlights of the Quarter
· There was more progress in the long-term proposal to develop a network of over 100 kilometres of mountain bike trails on Mount Canobolas. The new map of bike trails was produced by a firm of environmental consultants (The Environmental Factor) engaged by Orange City Council, who spent months examining areas of the mountain which should be protected and avoided by the new trail network and associated infrastructure.
· The growth of artisan food and drink outlets in Orange’s inner city was welcomed as a boost for the local economy. Orange business, Badlands Brewery, which has operated for 11 years and sells its products throughout Australia, sought planning approval from Orange City Council to move its base of operations to the disused EC Camerons car workshop in the top block of Summer Street.
· A government review which could eventually lead to Orange’s Northern Distributor Road being reclassified from a local road to a state road was welcomed. Minister for Regional Transport and Roads Paul Toole released an Independent Panel’s Interim Report into road classification and the transfer of local council-funded roads to state ownership. The panel accepted a proposal from Orange City Council to transfer the Northern Distributor Road to state ownership.
· Orange residents enjoyed a two-weekend break from water restrictions following a decision by Council. A council meeting approved a suggestion to ease the current Permanent Water Saving Standards for two weekends in October so that residents could spring-clean external household hard surfaces such as windows and paving.
· The new office at Orange City Council’s Works Depot office in McLachlan Street, which was officially opened in October, has enough solar panels to completely power its daytime use. The new office replaces a building gutted by fire two years ago.
· An online community engagement program to guide the future of Orange through the development of the city’s Community Strategic Plan (CSP) began in October. After a series of face-to-face sessions the final CSP is due to be ready to be tabled for adoption by the new Council in June 2022.
· The cutting of a red ribbon signalled the completion of the latest project of the FutureCity CBD upgrade: the transformation of the McNamara Street precinct. With only the final stages of the project still to be completed, Councillors and business owners were on hand for a brief event to mark the ‘opening’ of the project.
· As part of a retail stimulus package, Council urged businesses to sign up to participate in the ‘Shop Your Way to $50k’ campaign to get locals and visitors to shop in the Orange region in the lead up to Christmas. The campaign aimed to provide a much-needed boost to local businesses as they recover from COVID-19 lockdowns.
· In mid-November, Council responded to the latest spell of heavy rain that dumped three months’ worth of rain (223 mm) in ten days. Along with routine repair work, the Council has diverted a construction crew from a road project on Beasley Road to put extra resources into pothole repairs. Staff worked a list of damaged roads, giving a priority to Clergate Road, Hill Street, Anson Street near the Margaret Street and the James Sheahan High area, and Perc Griffith Way.
· A commemorative tree was planted at Orange Botanic Gardens (18 November) to mark the 175th anniversary of the proclamation of Orange as a village. The Mayor made a speech before inviting local school children to help him plant the tree at the gardens. A celebratory cake cutting and morning tea followed.
· Council and community leaders welcomed the transfer of 398 hectares of Crown Land to Orange City Council and the Orange Local Aboriginal Land Council (OLALC). The transfer came after a long negotiation between the NSW Government, Orange City Council and OLALC. Orange City Council had 312 hectares of Crown land transferred to its ownership giving it greater ability to manage parks, sporting facilities and other recreational and cultural activities, as well as generate economic opportunities. A further 86 hectares of land will be transferred to Orange Local Aboriginal Land Council to provide economic and cultural benefits for the Aboriginal community.
· By 2041 the Orange population will pass 50,000 but the number of people living in each household is projected to fall, according to analysis contained in the draft Orange Housing Strategy. The draft strategy is currently on exhibition. More than 60 per cent of the houses in Orange have two or less people yet only 17 per cent of the existing housing stock are 1 and 2 bedroom properties.
· Orange residents will be able to see more art exhibitions more often following the December official opening of the of the $6 million extension to the Orange Regional Gallery. NSW Minister for the Arts Don Harwin, officially opened the extension marking the completion of the year-long construction project. In a sign of the extra capacity of the gallery, four new simultaneous exhibitions opened in the expanded new building.
· The rebuilt Orange Men’s Shed reopened (Thursday 16 December) after a fire ripped through the building two years ago causing major damage. Since the fire in June 2019, the sixty members of the Orange Men’s Shed had to move out. For the last twelve months they have been using one of the Riverside buildings on the Bloomfield campus for their workshop.
· The annual Orange Carols by Candlelight brought the spirit of Christmas to Orange on 11 December in the Northcourt. The family-friendly event was part of the three-day Celebrate Orange360 Festival.
· The Giants Super Netball team announced plans to return for games in Orange as part of their pre-season preparations. The matches will be played at the Anzac Park indoor sports stadium on Friday 18 February and Saturday 19 February.
· The latest stage of Orange’s southern feeder road was completed and was officially opened in December. Work on the $7.5 million two-kilometre-long Stage 3 project began in June last year. The project upgraded the former Dairy Creek Road and Blowes Road from Elsham Avenue through to the Mitchell Highway.
· Local Government elections were held throughout NSW on December 4. In Orange, four serving Councillors were re-elected to serve alongside eight new Councillors. Longstanding Councillor, Jason Hamling, was elected as Mayor.
Other Expenses
The format of the attached financial reports and the financial statements is prescribed. Council has requested details of the “Other Expenses” element in the statements given the value of this item. The additional information is provided in Table 8 below. As at the end of December 2021, actual expenses were slightly below budget at 44 per cent of the annual budget.
Table 8: Details of other expenses
Review of Income
Figure 1 below provides a snapshot of the split of Council’s income against budget.
Figure 1: Council’s income as a percentage of annual budget as at 31 December 2021
Income streams such as User Charges and Fees and Other Revenues are currently slightly above budget but generally their rate of receipt is consistent throughout the year.
As Council’s annual rates are levied in July of each year, this income is almost fully recognised in the first quarter.
Other income streams are subject to external influences including interest rates, occurrences of development, or the success of grant applications. These income streams are routinely reviewed, and adjusted as appropriate, at each quarterly review.
On the assumption that all income is received at a constant consistent rate over the year, by the end of the December quarter 50 per cent should have been received. However, given the recognition of almost all rates and annual charges in the first quarter, approximately 65 per cent of revenue should have been received. The “all income” bar of Figure 1 shows progress is slightly below this expected figure due mainly to the timing of interest due and capital grants and contributions not yet received.
Rates and Charges Collection
For the quarter, a total of $5.7 million (13.8 per cent) remained outstanding for rates and annual charges. For the purposes of comparison, for the same quarter last financial year 13.7 per cent of the amount payable remained outstanding.
Figure 2: Outstanding rates Q2 2021/22 vs Q2 2020/21
Review of Operating Expenditure
Figure 3 provides a snapshot of the progress of Council’s operating expenditure.
Figure 3: Details of Council’s expenditure as a percentage of annual budget as at 31 December 2020
In general, Council’s routine operational expenses should be incurred at a consistent rate. These include expense groupings such as Employee Costs, Materials and Contracts, Plant Expenses, Depreciation and Other Expenses. As presented in Figure 3 above, most of these expense groups are slightly below budget.
Council rates for Council-owned properties are paid in full at the start of the year, however these are a minor component of overall expenses.
On the assumption that all expenses are incurred at a constant consistent rate over the year, by the end of the December quarter 51 per cent should have been paid out. The “all expenditure” bar of Figure 3 shows performance is better than budget.
Review of Capital Expenditure
Figures 4 to 6 below provide a snapshot of the progress of Council’s capital expenditure against budget by fund. It is important to note that the first half of the year encompasses a lot of planning and preparation, with many projects not scheduled to be in full swing until Summer, while others are still awaiting confirmation of grants being secured before being able to proceed.
Figure 4: General Fund Capital Projects – Progress by number of projects as at 31 December 2021
Figure 5: Water Fund Capital Projects – Progress by number of projects as at 31 December 2021
Figure 6: Sewer Fund Capital Projects – Progress by number of projects as at 31 December 2021
Financial Performance Indicators
Figures 7 to 9 below represent financial performance against local government industry indicators from the annual financial statements. The charts compare annualised actual performance from 2020/21 against the original 2021/22 budget, the Q1 revised 2021/22 budget and the proposed Q2 revised 2021/22 budget.
Figure 7: Operating performance ratio
The purpose of the operating performance ratio is to measure the extent to which Council succeeds in containing operating expenditure within operating revenue (excluding capital grants and contributions). The formula is as follows:
(Total continuing operations revenue excluding capital grants and contributions minus operating expenses) divided by (Total continuing operations revenue excluding capital grants and contributions)
The performance to date indicates Council is tracking below the benchmark due mainly to the forecast operating deficit for the 2021/22 year when compared to the operating surplus achieved in 2020/21.
Figure 8: Own source operating revenue ratio
The purpose of the own source operating revenue ratio is to measure fiscal flexibility by analysing the degree of reliance on external funding sources. The formula is as follows:
(Total continuing operations revenue minus all grants and contributions) divided by
(Total continuing operations revenue inclusive of all grants and contributions)
The performance to date indicates Council is below the benchmark, with a significant increase in the level of funding expected to come from capital grants and contributions for major projects in 2021/22.
Figure 9: debt service cover ratio
The purpose of the debt service cover ratio is to measure the availability of operating cash to service debt including interest, principal and lease payments. The formula is as follows:
(Operating results before capital excluding interest and depreciation) divided by
(Principal repayments from the cashflow statement plus borrowing costs from the income statement)
The performance to date indicates Council is tracking in advance of the benchmark. The budgeted performance is below the 2020/21 ratio due to the surplus operating result achieved in 2020/21 combined with lower loan repayments and interest than is forecast for 2021/22.
Bank Reconciliation
In addition to the information presented in the report, the latest bank reconciliation report is attached for Council’s information.
Report by Responsible Accounting Officer
The following statement is made in accordance with Clause 203(2) of the Local Government (General) Regulation 2005:
As the Responsible Accounting Officer, it is my opinion that the Quarterly Budget Review Statement for Orange City Council for the quarter ended 30 September 2019 indicates that Council’s projected financial position for 30 June 2020 will be satisfactory having regard to the project estimates of income and expenditure, and variations contained therein.
Jason Cooke, Responsible Accounting Officer
1 December 2021 Quarterly Bank Reconciliation, D22/5796⇩
2 Council Summary report December Review 2021, D22/5797⇩
RECORD NUMBER: 2022/42
AUTHOR: Summer Commins, Senior Planner
EXECUTIVE Summary
|
Application lodged |
11 October 2021 |
|
Applicant/s |
Orange Ex-Services Club Limited |
|
Owner/s |
Wentworth Golf Club and the State of New South Wales |
|
Land description |
Lot 199 DP 756899 and Lot 181 DP 1154782 - 130 Ploughmans Lane, Orange |
|
Proposed land use |
Demolition (existing pro-shop, gazebo and tree removal) and Registered Club (new club building with ancillary pro-shop, cart store, cafe and car parking) |
|
Value of proposed development |
$8,342,993.00 |
Council’s consent is sought to construct a new clubhouse for the Wentworth Golf Club at Ploughmans Lane. The development site is described as Lot 199 DP 756899 and Lot 181 DP 1154782 - 130 Ploughmans Lane, Orange (see locality at Figure 1).
Figure 1 - locality
The proposed clubhouse will comprise a multi-level building containing indoor and outdoor entertainment spaces (lounge, dining and gaming); golf-related spaces (pro-shop, simulator rooms and cart store); support facilities and amenities; and undercover car park.
The existing pro-shop building and a gazebo will be demolished to accommodate the new clubhouse; and five (5) trees will be removed. The proposed clubhouse will be located in the north-east corner of Lot 199, generally in the location of the former clubhouse which was destroyed by fire in May 2019 (see Figure 2).
Figure 2 - site of proposed clubhouse
Artists’ impressions of the proposed clubhouse are depicted below (see Figures 3 and 4).
Figure 3 – front/south elevation
Figure 4 – rear/north elevation
Notable planning matters for the proposed development include:
· continuation of the existing recreational use of the land
· the visual impacts associated with site works and the new building
· the suitability of onsite car parking to service the development
· the impacts of the proposal on the amenity of adjoining residential neighbourhoods
· the social and economic impacts associated with construction and operation.
The proposal was notified development in accordance with Council’s Community Participation Plan 2019. At the completion of the exhibition period, no submissions had been received.
The Planning and Development Committee has delegated authority to approve the application, based on the cost of the development of more than $3 million.
The proposed development will comply with Local and State planning controls applying to the subject land and particular landuse. Conditions are included to mitigate and manage arising impacts. Approval of the application is recommended.
DECISION FRAMEWORK
Development in Orange is governed by two key documents 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 COMMENTS
The proposal involves the construction of a new clubhouse for the Wentworth Golf Club at Ploughmans Lane. The proposed clubhouse is proposed to be constructed in the same location of the former clubhouse building which was destroyed by fire in May 2019. The key planning considerations relate to the visual impacts associated with site works and the new building, the suitability of onsite car parking, the impacts of the proposal on the amenity of adjoining residential neighbourhoods and the social and economic impacts associated with construction and operation. The development responds well to its environment and the design takes into account the sloping nature of the site.
The staff planning report has addressed these issues and it is recommended that the application be supported by Council subject to the adoption of the attached draft Notice of Determination.
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
|
That Council consents to development application DA 437/2021(1) for Demolition (existing pro-shop, gazebo and tree removal) and Registered Club (new club building with ancillary pro-shop, cart store, cafe and car parking) at Lot 199 DP 756899 and Lot 181 DP 1154782 - 130 Ploughmans Lane, Orange, pursuant to the conditions of consent in the attached 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 involves construction of a new clubhouse for the Wentworth Golf Club at Ploughmans Lane. The proposed clubhouse will replace the former clubhouse that was destroyed by fire in May 2019. The new building will be sited in generally the same location as the former facility (see Figure 2 above).
The proposed clubhouse will comprise a multi-level building at ground, lower ground and basement levels.
The ground level will accommodate indoor and outdoor entertainment spaces including bar, café, lounge, function/dining area, kids play area, sports bar, alfresco gaming and smoking terrace. Staff support facilities and patron amenities will also be provided at ground level (see Figure 5).
Figure 5 – proposed ground floor plan
Indicative internal perspectives of the ground floor spaces are depicted below (see Figure 6).
Figure 6 – internal ground floor perspectives (Abeo Architects)
The lower ground floor and basement will include
golf-related spaces including pro-shop, simulator rooms, cart store and
charging area and café. A loading dock, storage area, plant and
communications rooms, and amenities will also be provided at lower ground
level. The lower ground and basement level will also comprise a carpark
containing 15 car spaces and one (1) space for the Club’s courtesy bus
(see Figure 7).
Figure 7 – proposed lower ground/basement levels
Indicative internal perspectives of the lower ground floor spaces are depicted below (see Figure 8).
Figure 8 – internal lower ground floor
perspectives (Abeo Architects)
The proposed clubhouse will take a contemporary building form. Key elements in the building design will include:
· curved walls to the front facade
· projecting trapezoidal Porte Cochere at main entry
· minimal fenestration to the south (front) façade and extensive glazing to the north (rear) façade
· rectangular form with flat roof profile
· mixed finishes (brick and smooth wall finishes)
· bespoke detailing including metal screens, columns and louvres.
The building will present a single storey structure at the front façade, and read as a two storey building at the rear and sides. The proposed clubhouse design is depicted in Figures 3 and 4 above.
The proposal also involves removal of the existing pro-shop building located to the south east) of the proposed clubhouse; and a gazebo structure near the north-west corner of the proposed clubhouse. Five (5) deciduous and conifer trees and low-level landscaping will also be removed. Proposed demolition works and vegetation removal are depicted below (see Figure 9).
Figure 9 – proposed demolition and tree removal in red
The use of the building will be typical of a registered club, and involve dining, entertainment and sporting functions. Hours of operation will be 10am to 10pm Sunday to Wednesday; and 10am to midnight Thursday to Saturday.
MATTERS FOR CONSIDERATION UNDER THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
Section 1.7 Application of Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994
Pursuant to Clause 1.7:
This Act has effect subject to the provisions of Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994 that relate to the operation of this Act in connection with the terrestrial and aquatic environment.
In consideration of this section, the development is not likely to impact terrestrial and aquatic environments. In this regard:
· The subject and adjoining lands are not identified as biodiversity sensitive on the Orange LEP 2011 Terrestrial Biodiversity Map.
· The proposal does not involve removal of native vegetation. Clearing thresholds prescribed by regulation are not relevant to the application.
· The proposal is not likely to have a significant effect on threatened species, nor impact endangered ecological communities:
o the site demonstrates a high degree of disturbance from its natural state
o the proposal does not involve clearing of native vegetation. Trees to be removed are introduced (non-native) species
o the site does not contain mapped biodiversity land at Local or State level
o the development does not involve removal of natural or built features that would provide habitat for native fauna.
Based on the foregoing considerations, a Biodiversity Assessment Report is not required, and the proposal suitably satisfies the relevant matters at Section 1.7.
Section 4.15 Evaluation
Provisions of any environmental planning instrument S4.15(1)(A)(I)
Orange Local Environmental Plan 2011 (as amended)
Part 1 - Preliminary
Clause 1.2 Aims of Plan
The particular aims of the LEP relevant to the proposal include:
(a) to encourage development which complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,
(b) to provide for a range of development
opportunities that contribute to the social, economic and environmental
resources of Orange in a way that allows present and future generations to meet
their needs by implementing the principles for ecologically sustainable
development,
(f) to recognise and manage valued environmental heritage, landscape and scenic features of Orange.
The proposed development is considered to be consistent with the above-listed Aims of the LEP, as outlined in this report.
Clause 1.6 Consent Authority
Clause 1.6 is applicable and states:
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
Clause 1.7 Mapping
The subject site is identified on the LEP maps in the following manner:
|
Land Zoning Map: |
RE2 Private Recreation |
|
Lot Size Map: |
No minimum lot size |
|
Heritage Map: |
Not a heritage item or heritage conservation area. Nearby to Local heritage item – Item 59 Melyra House |
|
Height of Buildings Map: |
Not applicable |
|
Floor Space Ratio Map: |
Not applicable |
|
Terrestrial Biodiversity Map: |
No biodiversity sensitivity |
|
Groundwater Vulnerability Map: |
Groundwater vulnerable |
|
Drinking Water Catchment Map: |
Not applicable |
|
Watercourse Map: |
Not affected by a sensitive waterway |
|
Urban Release Area Map: |
Not within an urban release area |
|
Obstacle Limitation Surface Map: |
Not applicable |
|
Additional Permitted Uses Map: |
Not applicable |
|
Flood Planning Map: |
Not applicable |
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
Clause 1.9A is applicable and states in part:
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
In consideration of this clause, Council staff are not aware of the title of the subject property being affected by a relevant agreement, covenant, etc.
Part 2 - Permitted or Prohibited Development
Clause 2.1 Land Use Zones
The subject land is zoned RE2 Private Recreation.
The proposal is defined as a registered club.
Registered clubs are permitted with consent in the RE2 zone.
Clause 2.3 Zone Objectives and Land Use Table
The objectives of the RE2 Private Recreation Zone are:
· To enable land to be used for private open space or recreational purposes.
· To provide a range of recreational settings and activities and compatible land uses.
· To protect and enhance the natural environment for recreational purposes.
· To ensure development is ordered in such a way as to maximise public transport patronage and encourage walking and cycling in close proximity to settlement.
· To ensure development along the Southern Link Road has alternative access.
The proposed development will satisfy the RE2 zone objectives. The proposed clubhouse is ancillary to the existing recreational use of the subject land as a golf course. Registered clubs are a permitted and complementary landuse in the zone. The site for the proposed clubhouse generally comprises the site of the former clubhouse and does not have particular environmental values. The golf club is accessible via public transport, and within walking distance of nearby residential neighbourhoods.
Part 3 - Exempt and Complying Development
The application is not exempt or complying development.
Part 4 - Principal Development Standards
The Principal Development Standards are not applicable to the subject land or proposed development.
Part 5 - Miscellaneous Provisions
Clause 5.10 Heritage Conservation
The subject land is nearby to a Local heritage item: Melyra House (Item 58) at 119 Ploughmans Lane. Clause 5.10 is applicable and states in part:
(4) The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned.
In consideration of this clause, the proposed development will not adversely impact on the significance of the nearby Local heritage item. There will be nil-negligible visual relationship between the proposed clubhouse and Melyra House (opposite in Ploughmans Lane) due to generous separation (some 250m), improvements in the intervening area, vegetation and topography. The proposed development will not impact views, structural integrity or public appreciation of the heritage item.
Clause 7.1 Earthworks
The proposal involves ancillary earthworks. Clause 7.1 is applicable and states in part:
(3) Before granting development consent for earthworks, the consent authority must consider the following matters -
(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).
In consideration of the relevant matters:
· Conditional sediment and erosion controls will be installed and maintained during construction.
· The proposed earthworks will facilitate the proposed development.
· The site is not known to have particular cultural values.
· A large golf course dam is located some 30-70m to the east of the development site. A first order stream connects to the dam in the northern extent, and is located at least 100m away from the development site.
In accordance with advice from NSW Natural Resources Access Regulator (NRAR), the dam is not considered to be a watercourse. The proposed development will be suitably removed from the stream, as to not be located on waterfront land. Approval from NRAR is not required.
Figure 10 – nearby dam and stream
· The subject land is not within a drinking water catchment; nor identified as an environmentally sensitive area.
Clause 7.3 Stormwater Management
Clause 7.3 is applicable. This clause states in part:
(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:
(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, and
(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.
Stormwater from the site will be piped to the adjacent water storage dam. Council’s Assistant Development Engineer has included Conditions to satisfy the requirements of Clause 7.3.
Clause 7.6 Groundwater Vulnerability
The subject land is identified as Groundwater Vulnerable on the Groundwater Vulnerability Map. Clause 7.6 applies. This clause states in part:
(3) Before determining a development application for development on land to which this clause applies, the consent authority must 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.
In consideration of Clause 7.6, there are no aspects of the proposed development that will impact on groundwater and related ecosystems.
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.
The listed-utility services are available to the land and adequate for the proposal pursuant to Clause 7.11:
· The site is connected to reticulated water.
· Electricity and telecommunications are available.
· The site is connected to reticulated sewer. Conditions are included requiring relocation of a sewer main and manhole clear of the proposed building.
· Conditions are included requiring stormwater from the building and carpark to be discharged to the onsite dam.
· The proposal will not alter existing site access via Ploughmans Lane.
It is noted that the proposal will not generate water and sewer headworks charges. Existing water and sewer credits apply to the land. Council’s Assistant Development Engineer had no comments to make on this matter.
State Environmental Planning Policy 55 Remediation of Land
SEPP 55 is applicable and states in part:
7(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.
In consideration of this clause, the proposed development seeks consent for a new clubhouse on the site of the former clubhouse. The proposal will reinstate the longstanding use of this part of the site for a registered club, and will not involve a change in landuse.
The subject land has established use as a recreation area, is not contained within an investigation area, and is not known to have been used for a Table 1 purpose. The site is considered suitable in its current state for the proposed development. Preliminary investigation as a precursor to site contamination is considered unnecessary in support of the proposal. Council’s Environmental Health Officer has included Conditions in relation to unexpected finds.
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017
SEPP (Vegetation in Non-Rural Areas) 2017 applies and states in part:
9 Vegetation to which Part applies
(1) This Part applies to vegetation in any non-rural area of the State that is declared by a development control plan to be vegetation to which this Part applies.
(2) A development control plan may make the declaration in any manner, including by reference to any of the following—
(a) the species of vegetation,
(b) the size of vegetation,
(c) the location of vegetation (including by reference to any vegetation in an area shown on a map or in any specified zone),
(d) the presence of vegetation in an ecological community or in the habitat of a threatened species.
10 Council may issue permit for clearing of vegetation
(1) A council may issue a permit to a landholder to clear vegetation to which this Part applies in any non-rural area of the State.
(2) A permit cannot be granted to clear native vegetation in any non-rural area of the State that exceeds the biodiversity offsets scheme threshold.
In consideration of the above Sections, the proposal involves removal of 5 deciduous and conifer trees (see Figure 9 above and photograph below).
Figure 11 – trees to be removed
The trees are prescribed trees pursuant to Orange DCP 2004-0
(see following section of this report), and approval is required for removal.
No objection is raised to tree removal of non‑native and introduced
species in this location. Replacement planting is considered unnecessary in the
context of the landscaped golf course setting.
Provisions of any Draft Environmental Planning Instrument That Has Been Placed on Exhibition 4.15(1)(A)(Ii)
There are no draft EPIs on public exhibition.
Provisions of any Development Control Plan S4.15(1)(A)(Iii)
Development Control Plan 2004
DCP 2004-00 Tree Preservation
As outlined in the foregoing section of this report (see SEPP Vegetation in Non-Rural Areas) 2017), no objection is raised to removal of non-native and introduced trees. Replacement planting is considered unnecessary in this setting. Tree removal will be imperceptible from the public domain (Ploughmans Lane) and within the site.
DCP 2004-11 Land Used for Open Space and Recreation
Wentworth Golf Club is listed private recreation land in Part 11. The DCP does not contain particular development controls relating to private recreation land. The proposed clubhouse will be consistent with and complementary to the existing use of the land for sport and recreation. The building has been appropriately designed to accommodate for the slope of the land. The design solution will offer excellent opportunities for picturesque views across the golf course to the North in a similar manner to that of the former clubhouse building. The proposed development will not have an adverse visual impact on the streetscape.
DCP 2004 – 15 Car Parking
Pursuant to DCP 2004, onsite parking for registered clubs outside the CBD is required at a rate of one (1) space per 10m2 of bar, gaming room, restaurant, entertainment or function room areas.
The proposed clubhouse will comprise entertainment floor space of 1,308m as calculated by the project architect (see below table). Based on the DCP controls, 131 onsite parking spaces will be required for the development.
A total of 112 parking spaces will be provided, comprising 97 spaces on grade in the existing carpark, and 15 undercover basement spaces. Onsite parking will thereby depart from the DCP controls by 19 spaces.
In calculating entertainment floor space within the clubhouse, the proponent has excluded the sports bar smoking area, the kids play area and the lower level café. It is submitted that these areas provide support spaces and facilities for club patrons, and will not generate independent car parking requirements. On this basis, entertainment floor space would comprise 1,070m2 and 107 car spaces would be required. The provision of onsite car parking would thereby satisfy the DCP controls, indeed five (5) surplus spaces would be available.
Figure 12 - entertainment floor space in blue (excluding sports smoking bar, kids play and café)
As a matter arising, the golf course of itself will generate car parking demands. The DCP and RMS Guide to Traffic Generating Development is silent in relation to minimum parking requirements for golf courses.
It is considered, however, that suitable onsite car parking will be provided for the proposed development and existing golf course. In this regard:
· Peak operation for the uses will occur at different times (ie. daytime hours for the golf course and evenings for the registered club), and is unlikely to coincide or conflict.
· Parking resources will serve a dual purpose insofar as patrons will utilise the golf course and registered club on the same visit.
· On-street parking with a non-residential frontage is available on Ploughmans Lane for overflow parking should it be required.
· Demand for car parking at licenced venues is typically less than for other entertainment premises, as a consequence of alcohol consumption and associated use of public transport and ride sharing.
· The club’s courtesy bus will assist to alleviate demand for onsite car parking.
· The golf club is located nearby to residential neighbourhoods and accessible via walking.
· Council has permitted departures from the DCP in relation to car parking requirements for other entertainment venues in the city.
· Conditions are included requiring upgrading of the existing on grade car parking areas in accordance with Council’s requirements. Upgrading will improve functioning of available parking resources.
DESIGNATED DEVELOPMENT
The proposed development is not designated development.
INTEGRATED DEVELOPMENT
The proposed development is not integrated development.
Provisions Prescribed by the Regulations S4.15(1)(a)(iv)
Demolition of a Building (clause 92)
The proposal involves demolition of the existing pro-shop, gazebo structure and the remains of the burnt-out former clubhouse. Conditions are included requiring waste management and demolition works in accordance with applicable standards.
Fire Safety Considerations (clause 93)
Council’s Building Certifier advises that the proposed clubhouse may be designed to comply with the BCA, subject to Performance Solutions to be assessed at Construction Certificate stage.
Buildings to be Upgraded (clause 94)
The proposal does not involve the rebuilding, alteration, enlargement or extension of an existing building.
BASIX Commitments (clause 97A)
BASIX is not applicable to the proposed development. A Section J energy efficiency statement will be required with the Construction Certificate application.
The Likely Impacts of the Development S4.15(1)(B)
Context and Setting
Wentworth Golf Club is a longstanding recreation facility within the City. The proposed development will reinstate the previous and ancillary clubhouse as a new building with improved spaces and offerings. The development site will generally be located on the site of the former clubhouse. As such, the new building will maintain a similar relationship within the site and surrounding development pattern. The development will not be incongruous in this context and setting.
Visual Impacts
The proposed development will have acceptable visual impacts for the site and setting due to the following:
· The proposed building will be located well-within the golf course site, with generous setbacks from Ploughmans Lane (some 80m) and adjoining residential properties.
· Views of the building from Ploughmans Lane will be limited by distance, well-established vegetation and variable topography.
· The bulk, height and scale of the proposed clubhouse will be suitable. The building has been designed to fit the landform with split level design, horizontal massing and low slung roof profile.
· The rear two-storey building elements will be well-articulated to reduce bulk impacts. Elements will include extensive glazing, mixed wall finishes, glass balustrades and blade walls.
· External colours and finishes will comprise subdued colour tones and low-reflective surfaces, suitable to the open space setting.
· Mechanical plant will be within screened compounds at ground level and louvered enclosures within the roof structure.
· Back of house areas (plant and unloading) will be sited to not be easily viewed from public areas.
· Associated tree removal will be imperceptible from the public domain (Ploughmans Lane) and within the site. The existing landscape setting will be negligibly altered.
· Conditional upgrading of onsite vehicle areas will improve the visual presentation of the site.
· The proposal does not involve advertising. Conditions are included requiring further development consent be obtained for signage.
Traffic Matters
Traffic impacts associated with the proposal will be within reasonable limit:
· Existing site access via Ploughmans Lane will be maintained. Access upgrading is not required.
· As outlined in the foregoing sections of this report, suitable onsite car parking will be provided for the development.
· Conditional upgrading of on grade car parking and the proposed basement car park will comply with Australian Standard S 2890.1-2004 Off-Street Car Parking.
· Onsite vehicle circulation arrangements in the on grade car park will be retained in their current form. All vehicles will enter and exit the site in a forward direction.
· Service vehicle areas and loading dock will be removed from and not conflict with patron car parking.
· Traffic associated with the golf course is an established component of the local traffic regime. Some additional traffic is anticipated associated with the enlarged clubhouse and increased facilities. Traffic generation figures are not available for the subject golf course and ancillary registered club.
Pursuant to the RMS Guide to Traffic Generating Development (2002), ‘it is difficult to generalise on the traffic generation of licenced clubs because of the diversified nature of clubs. Traffic generation is affected by such factors as the provision of live entertainment, gambling facilities, number of members and club location… The introduction of random breath testing also make such generalisations more difficult.’
· Notwithstanding the additional traffic associated with the proposal, the capacity of the local road network will be suitable. Environmental goals for local roads will not be exceeded. Council’s Technical Services Division had no comments or concerns in relation to network capacity.
Recreation Use
The proposed clubhouse will be consistent with and complementary to the existing use of the land for sport and recreation. The proposal will not alter the recreational values of the land.
Residential Amenity
Residential neighbourhoods adjoin the golf course site. The proposed clubhouse will be sited some 100m from the nearest dwellings to the west on Ploughmans Lane. Dwellings to the north and east are sited at least 400m away from the development site.
The proposal will not adversely impact on residential amenity due to the following:
· Natural site features (topography and vegetation) will provide separation and screening of the development from dwellings on Ploughmans Lane. Visual impacts in the public domain will be nil-negligible.
· Building siting will generally adopt that of the former clubhouse and be well-setback from the Ploughmans Lane site frontage and opposing dwellings. Similarly, existing onsite vehicle areas are removed from the frontage. Onsite activities are generally removed from opposing dwellings.
· The subject land has longstanding recreational use. The proposal will reinstate the former clubhouse (albeit a larger facility). The golf course is a longstanding and accepted element in the neighbourhood.
· Conditions are included in minimise light spill and nuisance glare beyond the site.
· Noise impacts will be acceptable, as follows:
o conditions are included requiring a commissioning report post-occupation, to demonstrate compliant noise emissions from mechanical plant
o the building design orients active spaces to the rear (north) and away from dwellings on Ploughmans Lane. This will assist to direct noise impacts to the north and away from opposing dwellings
o traffic noise associated with the golf course is an accepted element of the existing ambient acoustic setting
o natural site features and building siting will provide spatial separation between opposing dwellings.
· The proposed building will not impact on privacy or solar access for dwellings on adjoining lands.
· The proposed building will not visually encroach dwellings on adjoining lands.
· The proposed development will not involve emissions (dust, odour, etc).
Conservation Values
As outlined in the foregoing sections of this report, the proposed development will not adversely impact on the significance of the nearby listed Melyra House, due to nil-negligible spatial relationship between the item and development site.
The subject land is not known to contain indigenous relics. A Condition is included in relation to unexpected historical finds.
Waste Management
Waste management arrangements for the clubhouse (general waste, recycling, food waste, grease/oil) will be provided consistent with Better Practice Guidelines for Waste Management and Recycling in Commercial and Industrial Facilities (NSW EPA 2012).
Construction Impacts
Conditions are included to minimise construction impacts on residential amenity and the natural environment, including hours of operation, sediment controls, waste management and site management.
Crime and Anti-Social Behaviour
The proposed development was referred to NSW Police for consideration and comment. NSW Police advise:
‘Police have risk assessed the development to be low risk. However, due to the nature of the development and history of the establishment, we recommend that CCTV be installed and cover all public areas including the underground car parking area. The CCTV should be retained for a minimum of 28 days and be recorded in a digital format that is accessible on site. Lighting should be installed to support the CCTV including in parking areas and appropriate signage should be used to clearly define public and staff only areas.’
Conditions are included to address the requirements of NSW Police.
Crime Prevention Though Environmental Design principles (surveillance, access control, territorial enforcement and space management) are evident in the site layout and building design.
Environmental Impacts
Impacts on the natural environment will be within acceptable limit:
· conditions are including to manage construction and operational waste
· conditional sediment and erosion controls will be installed and maintained during construction
· the development will be suitably removed from the dam and connecting stream on the golf course site
· the subject land is not within a drinking water catchment nor identified as an environmentally sensitive area
· stormwater from the site will be piped to the onsite water storage dam and will not result in runoff to downstream properties
· the site does not have particular biodiversity values
· tree removal involves non-native and introduced species only and will have imperceptible impact on the landscape setting
· the development site is not known to be contaminated
· there are no aspects of the proposal that would impact on groundwater.
Social and Economic Impacts
The proposed development will have favourable social and economic impacts. The proposal will:
· reinstate and improve facilities for the golf club which will be of benefit to the members, guests and wider community
· maintain and reinforce the existing recreational use of the subject land
· increase expenditure in the City associated with construction spending
· maintain expenditure in the City associated with operational spending
· generate construction and operational employment
· complement and enhance the regional central status of the City.
The Suitability of the Site S4.15(1)(C)
The subject land is suitable for the proposed development due to the following:
· the proposal is permitted on the subject land zoning
· the proposal is ancillary to the existing recreational use of the land
· the location of works will be well-removed from dwellings on adjoining lands as to maintain residential amenity
· utility services are available
· the land has existing access via Ploughmans Lane
· the local road network has sufficient capacity to accommodate traffic associated with the proposal
· onsite parking resources will be suitable
· the site is not subject to known natural hazards
· the land has no particular environmental or conservation values
· there is no known contamination on the land.
Any Submissions made in Accordance with this Act or the Regulations S4.15(1)(d)
The proposed development comprises Notified Development pursuant to Council’s Community Participation plan 2019. Written notice of the proposal was given in the prescribed manner. At the completion of the exhibition period, no submissions had been received.
Public Interest S4.15(1)(e)
The proposal is not inconsistent with any known relevant policy statements, planning studies, guidelines, etc that have not been considered in this assessment.
The proposal is ancillary to the existing recreational use of the land and will promote the continued use of the land for recreation. The development will have favourable economic impacts for the city and region. Offsite arising impacts will be within reasonable limit. The proposal is considered to be in the public interest.
SUMMARY
Council’s consent is sought to construct a new clubhouse for the Wentworth Golf Club at Ploughmans Lane. The proposed development will comply with Local and State planning controls applying to the subject land and particular landuse. No public submissions were received in relation to the application. Conditions are included to mitigate and manage arising impacts. Approval of the application is recommended.
COMMENTS
This report and the attached Notice of Approval have been partly informed by:
· Assistant Development Engineer
· Environmental Health and Building Inspector
· Manager City Presentation
· Environmental Health Officer
· NSW Police
· NSW Natural Resources Access Regulator
1 Notice of Approval, D22/5288⇩
2 Site and Architectural Plans, D22/2364⇩
RECORD NUMBER: 2022/82
AUTHOR: Wayne Gailey, Works Manager
EXECUTIVE Summary
On 16 October 2020, Council considered a report on the State Government’s Regional Road Classification Review and Transfer process and potential effect on Council roads (see Table 1). Council has since been advised that the reclassification of the Northern Distributor Road from a local road to a state road classification has been approved in the priority round of assessments and a process is being developed to effect the transfer of ownership to Transport for NSW (TfNSW).
A further round of assessments is proposed by the independent panel for consideration and proposals are invited until 28 February 2022. It is proposed to apply to have several roads reclassified as part of this round.
Council has received correspondence from TfNSW requesting support for the reclassification and transfer of current Regional and State classified roads within the Local Government Area (attached). This report seeks to confirm Council’s support for these proposals from TfNSW and also ratify new and resubmitted proposals nominated by Council staff.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “9.1 Preserve - Construct and maintain a road network meets the community’s transport and infrastructure needs”.
Financial Implications
The State Government has promoted the Road Classification Review and Transfer Process as a means to transfer up to 15,000km of regional roads to State management to lighten the load (financial and resourcing) on rural and regional Councils.
As stated in previous reports to Council on this matter, transfer of roads to the care and responsibility of the State will reduce Council’s ongoing maintenance burden and road replacement costs. Transfer of any roads will also have the effect of reducing Council’s total asset value and associated depreciation. Reducing Council’s asset base may also have the effect of slightly reducing the Financial Assistance Grant (FAG) contribution from the Federal Government, whilst increasing the number and length of roads considered, Regional Roads should increase Council’s block grant allocation from TfNSW. The exact details of these funding considerations has not been detailed by the government and Council should ensure it is fully informed in this regard prior to the execution of Transfer or Reclassification agreements.
If successful, and when combined with the previously approved transfer of the Northern Distributor Road from a Local Road status to State Road classification, the proposals put forward by TfNSW and Council will result in the following net impact on roads within the Orange Local Government Area (LGA).
Table 1
|
Road Classification |
Net increase/decrease |
Comments |
|
State Roads |
Net increase of 1.5km of State Road. |
Care and control TfNSW. |
|
Regional Roads |
Net increase of 21.8km of Regional Road. |
Care and control of Council. Funding contribution to maintenance and upgrade available from State. |
|
Local Roads |
Net decrease of 9.1km of Local Road. |
Care and control of Council. |
Policy and Governance Implications
Nil
|
That Council: 1 Support in writing the TfNSW submission proposal for the reclassification of the following roads: · Forbes Road from Northern Distributor to Molong Road – State to Local. · Burrendong Way from Northern Distributor to Molong Road – State to Local. · Mitchell Highway from Northern Distributor southern connection to Northern Distributor northern connection – State to Regional. 2 Endorse the proposed initiatives as detailed in Table 1 of the report as Council’s submission to the independent panel. |
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
TfNSW Priority approval and Proposal
Attached is a copy of the correspondence from TfNSW in relation to the reclassification and transfer of the NDR to State Road status.
The following diagram shows the changes to road classifications proposed by TfNSW as part of the approved priority round.
Current Round Proposals
The below table shows a list of roads that are proposed for application for reclassification in the current round for review.
Table 2
|
Road |
Proposal |
|
SFR (Bathurst Road to Forest Road). |
Reclassify from a Local Road to a Regional Road. |
|
SFR (Forest Road to Woodward Street) – Part yet to be constructed. |
Reclassify from a Local Road to a Regional Road. |
|
Woodward Street (Summer Street to railway). |
Reclassify from a Local Road to a Regional Road. |
|
Clergate Road (entire length to LGA boundary). |
Reclassify from a Local Road to a Regional Road. |
|
Huntley Road and Aerodrome Road (SFR to Forest Road). |
Reclassify from a Local Road to a Regional Road. |
1 Transport NSW - Northern Distributor Proposed Transfer To State Road, D22/5510⇩
Council Meeting 15 February 2022
Attachment 1 Transport NSW - Northern Distributor Proposed Transfer To State Road
6 Closed Meeting - See Closed Agenda
The Chief Executive Officer will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.
The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
|
Recommendation That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 Aquisition Part Lot 2 DP 558405 Shiralee Road 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. 6.2 Proposed Acquisition Part Lot 6 DP 270635 Industry Drive 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. 6.3 Acquisition Part Lot 194 DP 756899 Stage 4 Southern Feeder Road 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. 6.4 Lease Hangar Site G Orange Airport 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 (a) personnel matters concerning particular individuals (other than councillors) and (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.5 Entering into Contracts for Linemarking Services 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. |
RECORD NUMBER: 2022/15
AUTHOR: Shirley Hyde, Legal and Property Officer
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2022/16
AUTHOR: Shirley Hyde, Legal and Property Officer
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2022/45
AUTHOR: Shirley Hyde, Legal and Property Officer
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2022/85
AUTHOR: Shirley Hyde, Legal and Property Officer
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals (other than councillors) and (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2022/114
AUTHOR: Mark Frecklington, Assistant Works Manager
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
