137 Oberon Street PO Box 84 Oberon NSW 2787
Telephone: (02) 6329 8100 Fax: (02) 6329 8142 Email: [email protected] Email: [email protected]
AGENDA AND BUSINESS PAPERS
Oberon Council Ordinary Meeting Tuesday 20 February 2018
Commencing at 5.30pm at the Oberon Council Chambers
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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
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Agenda Items page
1. OPENING OF MEETING ...... 5 2. ACKNOWLEDGEMENT OF COUNTRY ...... 5 3. PRAYER ...... 5 4. RECORD OF ATTENDANCE ...... 5 5. DECLARATIONS OF INTEREST ...... 6 6. PRESENTATIONS ...... 7 7. QUESTIONS FROM THE PUBLIC ...... 7 8. CONFIRMATION OF MINUTES ...... 7 9. MAYORAL MINUTE AND REPORT ...... 8 09.01 MAYORAL MINUTE AND REPORT ...... 8 10. NOTICES OF MOTIONS ...... 11 10.01 NOTICE OF MOTION – OBERON EAST SEWERAGE ...... 11 10.02 NOTICE OF MOTION – PURCHASE OF A TIPPING TRAILER ...... 11 11. COUNCILLOR AND DELEGATES REPORTS ...... 12 11.01 UPPER MACQUARIE COUNTY COUNCIL MEETING – 2 FEBRUARY 2018 ...... 12 12. COMMITTEE REPORTS ...... 18 12.01 LOCAL EMERGENCY MANAGEMENT COMMITTEE ...... 18 12.02 OBERON SPORTS FACILITIES COMMITTEE ...... 22 12.03 COMMUNITY SERVICES COMMITTEE ...... 26 13. REPORTS FOR DECISION ...... 30 13.01 DEVELOPMENT APPLICATION 10.2017.1006.1 – TWO STOREY DWELLING...... 30 13.02 PLANNING PROPOSAL – 2519 O’CONNELL ROAD ...... 56 13.03 JOINT ORGANISATIONS – OBERON COUNCIL INVOLVEMENT ...... 60 13.04 REQUEST FOR ASSISTANCE – OBERON TIGERS CHANGE ROOMS ...... 65 13.05 REQUESTS FOR ASSISTANCE - SENIORS WEEK, INTERNATIONAL WOMENS DAY & OTHR ...... 73 13.06 PROPOSAL - BEN CHIFLEY CATCHMENT STEERING COMMITTEE ...... 77 13.07 DOG ROCKS ROAD – COMPULSORY ACQUSITION OF FORESTRY CORPORATION NSW LAND...... 81 13.08 BAILEYS LANE – POTENTIAL CONSTRUCTION ...... 108 13.09 OBERON RUGBY LEAGUES CLUB – WATER MAIN RENEWAL ...... 114 13.10 PROPOSED CROWN ROAD CLOSURES ...... 118 13.11 OFFICE OF LOCAL GOVERNMENT DRAFT MODEL CODE OF MEETING PRACTICE FOR LOCAL COUNCILS IN NSW ...... 120 13.12 PROPOSED COUNCILLOR INDUCTION AND PROFESSIONAL DEVELOPMENT GUIDELINES ...... 122 13.13 QUARTERLY BUDGET REVIEW STATEMENT OCTOBER - DECEMBER 2017 ... 124 14. REPORTS FOR INFORMATION ...... 131 14.01 MONTHLY ACTIVITY REPORT – GENERAL MANAGER ...... 131 14.02 MONTHLY ACTIVITY REPORT – PLANNING & DEVELOPMENT DEPT...... 137 14.03 MONTHLY ACTIVITY REPORT – TECHNICAL SERVICES ...... 145 14.04 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES ...... 150 14.05 STATEMENT OF INVESTMENTS ...... 157
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14.06 GRANTS MONTHLY UPDATE ...... 160 14.07 WATER AND SEWER PLANT REPORT ...... 164 15. URGENT BUSINESS ...... 176 16. CLOSED SESSION / CONFIDENTIAL REPORTS ...... 176 16.01 LAND PURCHASE CORNER ABERCROMBIE & CAMPELLS RIVER ROAD BLACK SPRINGS ...... 177 16.02 PROPERTY & LAND DEVELOPMENT – INDUSTRIAL ESTATE ...... 177 17. CLOSURE OF MEETING ...... 177
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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
1. OPENING OF MEETING The Mayor will welcome members and declare the meeting open.
2. ACKNOWLEDGEMENT OF COUNTRY Council acknowledges that this meeting is being held on the traditional lands of the Wiradjuri and Gundungurra People, and respects the history and culture of the elders both past and present.
3. PRAYER The Meeting will be opened in prayer.
4. RECORD OF ATTENDANCE Members Mayor Kathy Sajowitz (in the Chair) Deputy Mayor Kerry Gibbons Clr Don Capel Clr Ian Doney Clr Mark Kellam Clr Brenda Lyon Clr Clive McCarthy Clr Mick McKechnie Clr Andrew McKibbin
Staff Gary Wallace, General Manager Shane Wilson, Planning and Development Director Lynette Safranek, Finance and Community Services Director Chris Schumacher, Technical Services Director Sharon Swannell, Executive Coordinator
Apologies Nil
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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
5. DECLARATIONS OF INTEREST File No: Governance/Councillors/Declarations of Interest
A GUIDE TO ETHICAL DECISION-MAKING (Provided by the Independent Commission Against Corruption)
Is the decision or conduct legal? Is it consistent with Government policy, Council’s objectives and code of conduct? What will the outcome be for you, your colleagues, the Council, anyone else? Does it raise a conflict of interest? Do you stand to gain personally at public expense? Can the decision be justified in terms of public interest? Would it withstand public scrutiny?
A conflict of interest is a clash between private interest and public duty. There are two types of conflict:
Pecuniary – regulated by the Local Government Act and Department of Local Government Non-pecuniary – regulated by codes of conduct and policy. ICAC, Ombudsman, Department of Local Government (advice only)
The test for conflict of interest:
Is it likely I could be influenced by personal interest in carrying out my public duty? Would a fair and reasonable person believe I could be so influenced? Conflict of interest is closely tied to the layperson’s definition of “corruption” – using public office for private gain Important to consider public perceptions of whether you have a conflict of interest
Identifying problems
1st Do I have private interests affected by a matter I am officially involved in? 2nd Is my official role one of influence or perceived influence over the matter? 3rd Do my private interests conflict with my official role?
Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.
When making a Declaration of Interest the reason for making the declaration should be clearly stated. Pecuniary and Non-Pecuniary Significant Interests should be managed by leaving the room while the matter is considered.
Pecuniary - Non-Pecuniary - Significant Non-Pecuniary - Less than Significant
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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
6. PRESENTATIONS Nil
7. QUESTIONS FROM THE PUBLIC The community is to be given the opportunity to ask questions at the commencement of the council meeting, and the Mayor is to ask for questions from the gallery prior to the commencement of the ordinary meeting.
Members of the public wishing to address Council are permitted to do so provided the following guidelines are adhered to.
1. The person asking the question at the Council meeting must clearly state their name and in what capacity they are acting. 2. If the person asking the questions is acting as another person/organisation’s agent they must advise Council if they have their prior consent/authority.
Questions from the public is not an opportunity for debate with elected representatives or staff, there are other forums to facilitate this; it is an opportunity for the community to ask a question in relation to an issue or put a point of view relating to an issue that may be causing interest or concern. Due to time constraints a time frame of three minutes per speaker is allocated. All questions and comments must be directed through the Mayor and in the instance of a question, if it cannot be answered it will be taken on notice and a response given within a reasonable period of time. This is the only opportunity for a community member to address Council during an Ordinary Meeting.
None received.
8. CONFIRMATION OF MINUTES Works Committee Meeting 12 December 2017 ATTACHED is the Minutes of the Works Committee Meeting held on 12 December 2017.
Recommendation:
That the Minutes of the Works Committee Meeting held on 12 December 2017 be confirmed.
Matters Arising from the Minutes
Nil
Ordinary Meeting 19 December 2017 ATTACHED is the Minutes of the Ordinary Council Meeting held on 19 December 2017.
Recommendation:
That the Minutes of the Ordinary Council Meeting held on 19 December 2017 be confirmed.
Matters Arising from the Minutes
Nil
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9. MAYORAL MINUTE AND REPORT
09.01 MAYORAL MINUTE AND REPORT File No: Governance/Meetings/Ordinary Author: Clr Kathy Sajowitz, Mayor
Summary This report summaries the main activity for the Mayor since my last report.
Recommendation
That Report Item 09.01 is received as information.
Comment
A. Meetings 13 Dec Oberon Business and Tourism Association Meeting and Christmas Function (attended by Clr Gibbons) 19 Dec Ordinary Council Meeting 9 Jan Meet with the Hon Paul Toole MP and Oberon RSL Bowing Club – grant announcement 10 Jan Meet with the Hon Paul Toole MP and O’Connell Rural Fire Service – inspection of new shed facilities 16 Jan Meeting with Veronika Cvitanovic, Chris Freeman, Janet Poole and Phillip Haynes regarding fluoridation 16 Jan Wellness Expo Planning Meeting 16 Jan Australia Day Working Party Meeting 16 Jan Meeting with Oberon MPS personnel re Fluoride 18 Jan Oberon Street businesses re Australia Day Shop Window Competition 23 Jan Inspection of Planning Proposal – O’Connell 24 Jan Australia Day Working Party – set up for Australia Day Ceremony 25 Jan Australia Day Working Party – set up at McKeowns Rest for Australia Day Ambassador meet and greet function 5 Feb Oberon Correctional Centre re MOU Scope of Works 6 Feb Wellness Expo Planning Meeting 6 Feb Helen Lowe, Oberon Business and Tourism Association 7 Feb Centroc Tourism Managers Meeting, Orange 7 Feb Rural Doctors Network Presentation 9 Feb Marjorie Armstrong and Keith Sullivan 12 Feb Meet with Rhonda Taylor, General Manager Destination Networks County and Outback NSW re tourism initiatives in Oberon 13 Feb Bishop Ian Palmer and Karen Trafford re St Aiden’s Church, Black Springs 13 Feb Tim Ward re Industrial Land 13 Feb Rates Workshop and Councillor Informal Briefing Session
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B. Representation 13 Dec Welcome to Oberon Function (attended by Clr Gibbons) 14 Dec Oberon Correctional Centre Gurnang Life Challenge Graduation Ceremony 15 Dec St Josephs Catholic School end of year assembly 16 Dec Oberon Tarana Heritage Rail Christmas Function 16 Dec Borg Panels Christmas Function 17 Dec Oberon RSL Sub-Branch Christmas Function 17 Jan Assist with School Holiday Activities at Oberon Library 19 Jan Bathurst Harness Racing Oberon Community Race Evening 20 Jan Oberon Youth Council Movie Day 23 Jan Summer Reading Program Prize Presentation at the Oberon Library 25 Jan Australia Day Ambassador Welcome Function with Australia Day award nominees 26 Jan Oberon Australia Day Official Ceremony and Citizenship Ceremony 10 Feb Oberon Show 12 Feb Lunch with Hamish Keith, Mayfield Garden and Rhonda Taylor, Destination Networks Country and Outback NSW 13 Feb Friends of the Oberon Library Meeting
C. Correspondence 7 Dec Melbourne School of Government providing information about the McKinnon Prize in Political Leadership. 14 Dec Australian Local Government Association providing an update of the Associations plans for 2018. 15 Dec Charlie and Kevin Wakeham outlining their objections to the East Oberon Sewerage Project. 15 Dec John Hebblewhite re Skoda and Tatra Museum. 15 Dec Cr Linda Scott, President Local Government NSW regarding the release of the interactive version of the Local Government Capability Framework. 18 Dec Geoffrey Brown OAM, First Assistant Secretary, PFAS Taskforce providing information about per and poly fluoroalkyl substances. 18 Dec The Hon Melinda Pavey MP, Minister for Roads, Maritime and Freight advising that the Meadows and Hazelgrove Road Upgrade Project has been successful for funding from the Restart NSW fund. 18 Dec LDC Infrastructure outlining the key trends in the telco industry in 2017. 19 Dec Fulan Dafa Association of Australia Inc. regarding the Shen Yun Performing Arts 2018 performances in Sydney. 21 Dec Blue Mountains City Council Mayor, Cr Mark Greenhill, providing a copy of the Council’s response to the Minister for Local Government’s notice of intent to suspend the elected Council for a period of 3 months, and appoint an interim administrator. 21 Dec Correspondence forwarded to the Right Reverend Ian Palmer, Bishop of Bathurst re the proposed closure and sale of St Aiden’s Church, Black Springs. 22 Dec Dr Sarah Raphael, Policy and Advocacy Advisor with the Australian Dental Association NSW offer to speak to Oberon Councillors regarding fluoridation. 4 Jan The Right Reverend Ian Palmer, Bishop of Bathurst response to correspondence. 7 Jan Barry Stubbs regarding the increase in rates since 2012. 12 Jan Sam Harris regarding a new portrait of Her Majesty Queen Elizabeth II for the Council Chambers.
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16 Jan Correspondence forwarded to member Councils on the Local Government NSW Unrateable Forestry Land working party regarding further meeting to progress the motion passed at the LGNSW Annual Conference. 17 Jan Correspondence forwarded to Ms Priscilla Stanley, Acting Manager, Health Protection, Western NSW and Far West Public Health Unit seeking presentation to Oberon Councillors regarding fluoridation. 18 Jan Correspondence forwarded to the Right Reverend Ian Palmer responding to correspondence received on 4 January 2018. 18 Jan Correspondence forwarded to the Most Reverend Phillip Freier, Archbishop of Melbourne, Primate of the Anglican Church of Australia regarding the proposed closure and sale of St Aiden’s Church Black Springs. 19 Jan Vanessa Burrow, Active Living NSW invitation to attend the Active Living NSW FitNSW 2018 being held on Thursday 15 March 2018 at the Aerial UTS Function Centre, Ultimo. 19 Jan Richard Morris, Bankstown NSW lobbying for Riding on Footpaths to be legalised. 19 Jan Stakeholder Engagement and Citizenship Ceremonies Team providing supporting information for Citizenship Ceremonies. 25 Jan Ken Hutton, Executive Officer to the Archbishop of Melbourne, Anglican Church of Australia advising that the matter of the closure and sale of St Aiden’s Church Black Springs rests with the Standing Committee of the Diocese. 25 Jan Chairman of the Australia Day Council of New South Wales providing the Council’s statement of intent Toward Reconciliation. 29 Jan Oberon Anti-Amalgamation Committee conveying thanks to Oberon Council for the Special Award presented at the 2018 Australia Day celebrations. 29 Jan Andrew Gee MP, Federal Member for Calare advising that applications are now open for Round 6 of the Australian Governments Heavy Vehicle Safety and Productivity Program. 29 Jan Veronika Cvitanovic providing contact details for suitably qualified people to present to Councillors against fluoridation. 30 Jan Jim Snelson, Borg Panels regarding success of Oberon’s Australia Day celebrations. 6 Feb Roger Arrow enquiring about Councils position on the extension of Baileys Lane. 7 Feb Correspondence forwarded to Marianne Saliba, Australian Local Government Women’s Association seeking clarification regarding voting at the 2018 ALGWA Annual Conference. 8 Feb Correspondence forwarded to Sue Fisher-Smith, Oberon Neighbourhood Centre providing information about a presentation from the Rural Doctors Network held on 7 February. 8 Feb Correspondence forwarded to Dave Karlson, Rural Doctors Network and Andrew Harvey, PHN thanking them for presentation to the Oberon Medical community and confirming a “needs assessment” will be done for the Oberon area in the near future. 8 Feb Correspondence forwarded to Oberon Medical Centre, Oberon MPS and Oberon Health Council thanking for attendance at Rural Doctors Network presentation and following up on future actions. 8 Feb Joan Howell regarding the proposed sale of St. Aiden’s Anglican Church at Black Springs, and providing some corrected information about the history of the facility, a response has been provided to Ms Howell. 12 Feb Invitation to attend the Oberon Arts Council Night with Harrie Fasher at the Long Arm Farm Café on Tuesday 21 February 2018. 12 Feb Wayne and Bernice Keft providing objection to the proposed East Oberon Sewerage project. Jan/Feb Letters from Veronika Cvitanovic, Alwyn and Sue Louger, the Freeman Commercial and Private Inquiry Agency PL and Geoff Pain PhD outlining their opposition to fluoridation.
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10. NOTICES OF MOTIONS 10.01 NOTICE OF MOTION – OBERON COMMON CARPARK File No: Parks and Reserves/Service Provision/Oberon Common Author: Clr Clive McCarthy
Summary Seeking to seal the new carpark at the Oberon Common.
Motion
That Oberon Council look to reserves to fund hot mix seal of the new car park at the Oberon Common.
10.02 NOTICE OF MOTION – PURCHASE OF A TIPPING TRAILER File No: Plant and Equipment/Acquisition/Purchase Author: Clr Clive McCarthy
Summary Seeking to purchase a tipping trailer to utilise the use of the low loader prime mover more often.
Motion
That Oberon Council look at the purchase of a tipping trailer (two wheel axle) to utilize the use of the low loader prime mover more often.
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11. COUNCILLOR AND DELEGATES REPORTS
11.01 UPPER MACQUARIE COUNTY COUNCIL MEETING – 2 FEBRUARY 2018 File No: Environmental Management/Meetings/Upper Macquarie County Council Author: Clr Andrew McKibbin
Summary
The most recent meeting of the Upper Macquarie County Council was held on Friday 2 February 2018 at the Council Offices in Kelso. The meeting was attended by Council’s delegates Clr Andrew McKibbin and Clr Don Capel.
Recommendation:
1. That report item 11.01 is received as information. 2. Council General Manager and Mayor (or the Mayors delegate) attend the Meeting on 16 March 2018 together with Oberon Council UMCC delegates.
A copy of correspondence from Bathurst Regional Council to UMCC dated 14 December 2017 regarding UMCC continuation FOLLOWS for Council’s information.
The Meeting commenced 2.30pm. The following commentary is provided: a. UMCC Future
The Chairman confirmed letters had been received from all Councils except Lithgow in relation to the future. Lithgow delegates advised a letter of support would be forthcoming.
The formal response from Bathurst Regional Council requesting a meeting of Mayors and General Managers with the UMCC Board to consider future arrangements including issues raised in a letter of February 2014.
It was determined that prior to the next UMCC meeting on Friday 16 March 2018 that a meeting will be held with the Mayors and General Managers of the constituent councils with the councillors of UMCC in relation to the governance model issue and issues raised by Bathurst Regional Council in its letter dated 14 December 2017. b. Finances
As foreshadowed at the previous meeting due to increased administration costs under the Biosecurity Act UMCC was awarded a further $92,716 under the Weeds Action Program funding which addressed its projected loss for 2017-18. c. Chief Weeds Officer Report
A total of 254 Inspections occurred between 11 November 17 and 19 January 2018 but only 12 in Oberon due to the resignation of the Weeds Officer. No Bio Security Directions were issued in this period due to Christmas and the New Year period. In the previous period 10 Bio Security Directions were issued and the time period for compliance has expired. Show cause letters have been issued to 4 landholders representing 8 properties. If Landholders fail to respond then fines will be issued.
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Discussion occurred on the adequacy of the current two registers: One for Inspections; and The other for Bio security Direction registers.
It was proposed a single register should be utilised to track properties from the date when an unsatisfactory inspection occurs right through to issue of fines/prosecutions. This was to ensure that there is a record of the total process leading to Biosecurity Directions and subsequent fines / court proceedings.
Similarly a process diagram should be devised to explain the processes and timeframe for each process.
The Acting General Manager and Chief Weeds Officer are to consider both of these suggestions. d. General Manager Position
The Acting General Manager, Roger Bailey, advised the meeting he had accepted the position of General Manager at Warrumbungle’s Council and would be departing on 25 February 2018. The Chairman requested the General Manager’s Recruitment and Performance Review Committee consisting of the Chairman, Ian North, the Deputy Chairman, David Kingham, and Councillor Stephen Leslie should remain behind after the Meeting to consider an Interim solution to the departure of the Acting General Manager. It was noted not all Constituent Councils were represented on the Recruitment and Performance Review Committee with Oberon having no delegate on the Committee. Oberon delegates stated they thought it appropriate Oberon should be represented on the Committee. The Oberon delegates appointed Andrew McKibbin as the Oberon representative on the Committee
In relation to the appointment of a permanent General Manager Advertisements have been published and applications close on Wednesday 14 February 2018. The General Manager’s Recruitment and Performance Review Committee will:
a) make a recommendation to Council on the appointment of a preferred candidate; b) determine the period of the contract of employment; remuneration; and hours of work for the position e. Weeds Officer Positions
Offers were made to two of the applicants for these positions, unfortunately both have declined. New advertisements are to be placed f. Landholder Advisory Committee
It was proposed a Landholder Advisory Committee be established by Bruce Reynolds a Blayney Delegate. The Committee would have landholder representation though NSW farmers and other stakeholders including Forestry Corporation. The terms of reference for this committee will be developed by the Upper Macquarie County Council but are to focus on weed infestation reporting, landholder engagement, education and weed priority issues. The advisory committee would meet quarterly.
The UMCC determined that the concept was acceptable but the terms of reference and purpose of the advisory committee needed to be more clearly defined.
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g. General Manager’s Recruitment and Performance Review Committee
This Committee met following the closure of the UMCC meeting. The Acting General Manager proposed that existing UMCC employee Lisa Monardo be considered to take over from him pending the appointment of a permanent General Manager. The Committee interviewed Lisa Monardo. The interview was handled very well and the Committee took cognisance of Lisa’s role with the Police Force and at UMCC as an Administrative Assistant undertaking many of the administration roles with the Acting General Manager.
The Acting General Manager advised that Lisa has qualities and skills that would be required for the role. She had shown an aptitude to learn her roles and expand her knowledge of the organisation so that she had developed an extensive knowledge of the organisation, from undertaking inspection, spraying and community engagement duties to managing the finances and administrative duties. It was also noted that Lisa had a very good relationship with the other employees of UMCC and was often called upon to provide advice and assistance. Lisa challenged decisions and approaches in a manner that is respectful that ultimately results in a better outcome for the organisation.
The Acting General Manager believed that with Lisa’s skills, approach and commitment to her role along with being provided with the support from the General Managers of the constituent councils that she had the ability to fulfil the role.
It was agreed the position be offered to Lisa on the basis of the existing remuneration for the General Manager’s position however that it be based on a 35 hour week not a 20 hour week
Notes:
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12. COMMITTEE REPORTS 12.01 LOCAL EMERGENCY MANAGEMENT COMMITTEE File: Governance/Meetings/Local Emergency Management Committee Author: Chris Schumacher, Technical Services Director
Summary Minutes of the Local Emergency Management Committee Meeting held on 13 November 2017 are submitted for Council’s information and consideration.
Recommendation:
That the Minutes of the Local Emergency Management Committee Meeting held on 13 November 2017 are received as information.
Comment
FOLLOWING are the Minutes of the Local Emergency Management Committee Meeting held on 13 November 2017.
A summary of the Committee discussions and outcomes is listed below:
Oberon Police station is still experiencing staffing difficulties with staff from other stations assisting. SES raised issues with vermin at the RFS headquarters at Burraga. SES will make representations to the State Member seeking to use the recently closed Burraga School as headquarters. RFS are concerned about the outlook for the upcoming warmer months due to little rainfall and dryness. Fire and rescue NSW have recently run a School Fire education program in the area.
The next meeting of the Committee will be held on 12 February 2018, commencing at 2.00pm.
Notes:
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OBERON LOCAL EMERGENCY MANAGEMENT COMMITTEE Page 1 of 3
The Meeting was held on Monday 13 November 2017 in the SES Building, off North Street and Albion Street Oberon. The Meeting commenced at 2.03 pm
ATTENDANCE Name Organisation Chris Schumacher Oberon Council – Works and Engineering Director Aaron Evans Woodchem David Ward Borg Panels Mick Holland New South Wales Rural Fire Service Kim de Govrik New South Wales National Parks and Wildlife Service Craig Ronan New South Wales State Emergency Service Janine Sharp New South Wales State Emergency Service Keven Verhoeven Fire and Rescue New South Wales Steven Evans Fire and Rescue New South Wales Brett Jackson Fire and Rescue New South Wales David Abercrombie New South Wales Police Force - LEOCON Craig Bowra New South Wales Police Force - REMO Rebecca Burgess Oberon Council – Works and Engineering Administration Annette Schneider left meeting Ambulance Service New South Wales 2.05pm
1. APOLOGIES Gary Wallace Oberon Council – General Manager Ashley Slattery Essential Energy Michael Weekes Essential Energy Brett Jackson Fire and Rescue New South Wales Craig Gibbons New South Wales State Emergency Service Andrew Sterling Corrective Services New South Wales Christine Symington Oberon Health Service John Kanne Ambulance Service New South Wales Greg Sim New South Wales Rural Fire Service
2. CONFIRMATION OF MINUTES Local Emergency Management Committee meeting held 14 August 2017 It was noted that Keven Verhoeven’s name was incorrectly spelt in the minutes.
Committee Vote: Unanimous Support
That the Minutes of the Local Emergency Management Committee meeting held 14 August 2017 be taken as read and confirmed.
3. MATTERS ARISING FROM THE MINUTES OF THE PREVIOUS MEETING Nil
4. REMO REPORT TO CENTRAL WEST LEMC’S NOVEMBER 2017 Craig Bowra spoke to the report which was provided to the Committee at the time the Agenda for the meeting was distributed.
Minutes of the Oberon Local Emergency Management Committee Meeting held on 13 November 2017. Page 19 OBERON LOCAL EMERGENCY MANAGEMENT COMMITTEE Page 2 of 3
Craig highlighted the Critical Infrastructure Resilience Strategy (CIRS) discussion paper for NSW to which organisations can make submissions. The training opportunities available in 2018 were also highlighted.
5. CMG for Biosecurity FOLLOWING Endorsed Local Emergency Management Plan for Oberon and all associated CMG’s.
Craig Bowra advised that the Local Emergency Management Plan for Oberon was endorsed at Regional level with the addition of a CMG for Biosecurity which was provided for inclusion in the Plan.
Craig supplied Oberon Council with a digital and hard copy of the endorsed Local Emergency Management Plan for Oberon and all associated CMG’s.
Annette Schneider left the meeting at 2.05pm
6. REPORTS FROM AGENCIES New South Wales Police Force – David Abercrombie reported that with ongoing staff issues at the Oberon Police station other areas such as Portland and Blayney are assisting to maintain staffing levels. An advertisement for Oberon staff has been placed however historically it has been difficult to fill. Andrew Harwood of Trunkey Creek is the Acting Sergeant for Oberon. David also advised that NSW Police are undergoing some restructures with more information to be known by May 2018. New South Wales State Emergency Service – Craig Ronan advised that SES have undertaken 3 rescues since the last LEMC meeting and quite a few Ambulance assists. Craig raised the issue of the condition of the Burraga SES headquarters. It is very dirty and vermin infested. As the Burraga School has recently been closed Craig advise he will approach the State Member request to use part thereof the old school building as SES headquarters. New South Wales Rural Fire Service - Mick Holland reported that the RFS is at full staffing levels. The new RFS Station at O’Connell is soon to become operational and RFS are awaiting delivery of a new tanker. RFS expressed concern that with little rain, the approaching warmer months has progressively worse outlook. Mick asked Craig Bowra for guidance on providing Bushfire Awareness Training for animal rescue agencies. Craig advised Mick to discuss this matter and seek guidance from Department of Primary Industries. New South Wales National Parks and Wildlife Service – Kim de Govrak reported that NPWS staff are trained up and prepared for the coming summer months. Soil dryness in National Parks is a concern and there have been a few small fires. Fire and Rescue New South Wales – Steven Evans reported that a School Fire Education program has been conducted in the area. The Oberon Station is recruiting for 1 position and has received several strong applications. Michaela Sherlock has been appointed Deputy Captain. Woodchem – Aaron Evans introduced David Ward who has been appointed as WHS Officer for Borg Panels.
Minutes of the Oberon Local Emergency Management Committee Meeting held on 13 November 2017. Page 20 OBERON LOCAL EMERGENCY MANAGEMENT COMMITTEE Page 3 of 3
Oberon Council – Chris Schumacher advised that the angle parking in North St out the front of the Oberon Fire Station is progressing with signage installed. A preliminary inspection for handover is scheduled this week for the O’Connell Fire Shed with handover expected to be prior to the end of November 2017. A DA for the Mayfield Fire Shed has been lodged however it is currently held up with an Aboriginal Land Claim. Oberon Council has a new Skid Steer which will be added to the RFS Heavy Plant register.
5. GENERAL BUSINESS Nil
6. NEXT MEETING DATE AND MEETING CLOSE.
The next meeting will be held on 12 February 2018 at 2.00pm. Please note this date is amended from that which was listed on the Agenda.
The dates for next years meetings are: 14 May, 13 August and 12 November 2018 at 2.00pm.
The Meeting closed at 2.40 pm.
Minutes of the Oberon Local Emergency Management Committee Meeting held on 13 November 2017. Page 21 Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
12.02 OBERON SPORTS FACILITIES COMMITTEE File: Governance/Meetings/Oberon Sports Facilities Committee Author: Chris Schumacher, Technical Services Director
Summary Minutes of the Oberon Sports Facilities Committee held on 15 November 2017 are submitted for Council’s information.
Recommendation:
That the Minutes of the Oberon Sports Facilities Committee Meeting held on 15 November 2017 are received as information.
Comment FOLLOWING are the Minutes of the Oberon Sports Facilities Committee held on 15 November 2017.
A summary of the Committee discussions is listed below:
The OSFC discussed the uncertainty of maintenance expenses at the Oberon Leagues Grounds, given the possible sale of the Leagues Club to Borg. The OSFC discussed the grants available for clubs to economically obtain defibrillators. The Rugby Leagues Club discussed the necessity of dressing shed upgrades in order for the Club to be compliant with new League criteria. The Technical Services Director to discuss fertilisation of the small soccer field next to the RFS with the fertilisation company. The OSFC discussed the ongoing issues with lighting being left on at the Recreation Ground. Council’s Technical Services Director to investigate options with Spark Electrical.
The next meeting of the Committee will be held on Wednesday 21 February 2018, commencing at 4.30pm.
Notes:
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The Meeting was held in the Council’s Committee Room, 137-139 Oberon Street, Oberon.
The Meeting commenced at 4.45 pm.
ATTENDANCE Clr Kerry Gibbons Oberon Council Member (chair) Chris Schumacher Works and Engineering Director Ian Christie-Johnston Oberon Tigers Rugby League Rebecca Burgess Works and Engineering Administration Clinton Corby Oberon United Football Club
APOLOGIES Gary Wallace General Manager Mayor, Clr Kathy Sajowitz Oberon Council Member Raeleine Eiler Oberon District Little Athletics Kristy Rusten Oberon District Little Athletics Bob Mills Oberon Heritage Collectors Club Michael Gibbons Oberon Indoor and Tennis Centre and Oberon Touch Football Club
1. ATTENDANCE and APOLOGIES
See Attendance List, above.
2. DECLARATIONS OF INTEREST
Nil
3. CONFIRMATION OF MINUTES
Oberon Sports Facilities Committee Meeting 16 August 2017
Committee Vote: Unanimous Support
That the Minutes of the Oberon Sports Facilities Committee Meeting held on 16 August 2017 be taken as read and confirmed.
4. MATTERS ARISING FROM THE MINUTES OF THE PREVIOUS MEETING Ian Christie-Johnston raised the issue of the uneven back field/divots and asked if they can be filled and levelled out. Chris Schumacher replied that it has been estimated that $28,000 will be required to put water through so that the fields can be watered regularly, in addition to topsoiling and fertilisation costs. Council was hesitant to invest given the uncertainty around the sale of the Leagues Club to Borg.
There was discussion that the senior and junior league will be offered carnivals next year.
Minutes of the Oberon Sports Facilities Committee Meeting held on 15 November 2017
Page 23 OBERON COUNCIL – OBERON SPORTS FACILITIES COMMITTEE Page 2 of 3
5. REPORTS
1. LOCAL SPORT DEFIBRILATION GRANT PROGRAM Ian Christie-Johnston and Clinton Corby advised that both clubs have applied for defibrillators in the past and not been successful. This program is a partially funded grant and both clubs will apply.
2. WORKS AND ENGINEERING DIRECTORS ACTIONS UPDATE Chris Schumacher reported that Remote Signs as Supervision is progressing. Following inspections with the new WHS Officer David Lawson, clarification is being sought from Statecover. Following this Council will order the signage.
Ian Christie-Johnston asked about street directional signage for the fields and grounds and Chris Schumacher responded that funding would be required for this.
Chris raised the lighting at the Leagues Grounds and reiterated that this was also on hold given the uncertainty around the sale of the Leagues Club to Borg.
6. GENERAL BUSINESS
Oberon Tigers Rugby League , Ian Christie-Johnston – 1. Ian advised the Committee that at the recent Seniors League AGM new criteria was introduced with regards to playing surface, crowd control and participation of officials and players through the dressing sheds. This will impact Oberon League Clubs eligibility to host finals and will be addressed by the Club to ensure compliance prior to the next season. 2. The Oberon Leagues Club representatives and Council representatives recently met with John Borg and his team to discuss Borg’s purchase of the Leagues Club grounds and arrangements for a new facility. John Borg indicated that he would be prepared to put some money towards a new Leagues ground and it is proposed to relocate it to the Industrial buffer zone between Herborn St and Albion St, however this is pending a decision from Council regarding re-zoning. Council also are required to value the land of the Leagues Club so that discussions can progress. Ian believes that even with progression of the matter, it is a 3-5 year plan before the club is settled in a new location.
Oberon United Football Club , Clinton Corby – 1. Clinton queried why the small soccer field next to the RFS was not included in the recent fertilisation as it has tuffs of grass and could have used with some attention. Chris responded that soil tests had shown the field to be in a good condition. Chris to inspect and discuss with fertilisation company. It was noted by both Ian and Chris that following the fertilisation some large aggregate was found to have been deposited onto the fields. 2. Clinton reported that the Recreation Ground is going well, the mowing by Council’s Parks and Gardens crew is good and the fertilisation has worked well. 3. Clinton reminded the Committee that it would be good to have some amenities such as seats and shelters at the Recreation Ground for inclement weather. 4. Clinton reported that the soccer club has held its AGM and the season is shaping up to be a good one.
Minutes of the Oberon Sports Facilities Committee Meeting held on 15 November 2017
Page 24 OBERON COUNCIL – OBERON SPORTS FACILITIES COMMITTEE Page 3 of 3
Oberon Council, Chris Schumacher – 1. Chris reported that there are still issues with lighting being left on in the night-time at the Recreation Ground. Clinton advised that he believes this is due to the Skate Park, the kids switch the lights on so they can skate and then do not turn them back off. Chris has investigated lighting options to fix this issue with Spark Electrical.
Oberon Council , Clr Kerry Gibbons – 1. Kerry reported that a group of residents are interested in starting the Park Run in Oberon. This is a weekly 5km run which cannot cross any public roads. Ian suggested several options such as the Lowes Mount Rd walkway to Black Bullock Rd; Blenheim Forest; walkway at Oberon Dam. 2. Michael Gibbons asked to be raised – a suggestion for a Saturday morning Indoor Youth Sports Activity which utilises the Oberon Indoor and Tennis Centre. Chris/Rebecca to email Council’s Finance and Community Services Director Lynette Safranek to enquire about progressing this via Youth Council.
7. NEXT MEETING DATE AND MEETING CLOSE
The next meeting will be held on Wednesday 21 February 2018 at 4.30pm.
The dates for next years meetings are : 16 May , 15 August , 21 November 2018 at 4.30pm.
The Meeting closed at 5.35pm.
Minutes of the Oberon Sports Facilities Committee Meeting held on 15 November 2017
Page 25 Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
12.03 COMMUNITY SERVICES COMMITTEE File: Governance/Meetings/Community Services Committee Author: Lynette Safranek, Finance & Community Services Director
Summary Minutes of the Community Services Committee held on 1 February 2018 is submitted for Council’s information.
Recommendations:
That Council: 1. That the Minutes of the Community Services Committee Meeting held on 1 February 2018 are received as information. 2. The Committee would like Council to advise on how they will deal with the Air Bed & Breakfast establishments within the LGA.
Comment The Minutes of Community Services Committee held 1 February 2018 FOLLOWS.
The following items were discussed at the February meeting: Park Run - Kate Bird has trialled a number of unsuccessful routes for the park run, with one option being from Rutter’s Ridge Road to Black Bullock Road which is 50m short of the 5km needed. The only road that would be crossed is the tip road, which is closed on Saturday mornings. Kate is enquiring if the small paddock on the corner is Government or Rail land as it would be the perfect starting and finishing point for the run. Council staff will gather more information and confirm ownership. The park run already has some volunteers and will be applying for 2018/19 Section 356 funding. Guinness World Records Planking – The recreation ground was inspected and it is too small for the challenge. A minimum of 2 acres is required to be able to accommodate 2000 people in groups of 50 with a space of 1.5m between, toilets, audience and cars. Clr Brenda Lyon has offered to ask Ian Gordon for the use of his land. SHEV immigration program – postponed until next meeting. Lifestyle and Wellness Festival Update - Clr Brenda Lyon provided a verbal update for the Committee. Advertising will start soon. The Event will be a gold coin entry at St Joseph’s School 10am to 4pm with lunch provided. There will be stall holders and activities and Galloping Gumnuts will be doing child care for those participating in the run. All money raised will go to Columbia for the purchase of equipment for residents. Bev Evans has submitted her resignation from the Community Services Committee. The members of the Committee would like a letter of thanks provided to Bev for her years of service. Columbia Homes – Clr Mark Kellam informed the committee a ratepayer has raised concerns with him regarding the level of care at Columbia Homes. The community member believes that it is not up to standard. Committee members were provided with the Aged Care Complaints phone number at the meeting and advised they would provide this to community members who are concerned.
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Air B&B – There are many air B&B’s appearing around the Oberon area and the Committee members would like Council to advise how they will deal with the these establishments. Will it be the same at the Bed & Breakfast establishments.
Weight Restrictions on Local Roads – Community members are wondering if there is a weight regulation on trucks going down every street in Oberon. There are concerns regarding the number of large trucks travelling on Oberon, Dart, Ross and other streets within Oberon and not using the Albion Street bypass. Clr Mark Kellam will raise this at the next TALC meeting for discussion.
ICE Drug Problem in Oberon –Committee members advised that they believe the ICE problem among working members of the community is rising. It is creating more problems with domestic violence. It was mentioned that the problem is with employees going ‘clean’ prior to employment for drug testing but return to using once employed as no testing is conducted. The Committee would like Council to have discussions with the local Police and local organisations to raise their concerns.
The Common Exercise Equipment – The instruction boards for the exercise equipment has fallen down on most pieces. Council staff will be asked to inspect and organise for the instructions to be refastened to the equipment, as this is causing some distress to the senior residents who are using the equipment.
The next meeting is scheduled to be held on Thursday 24 May 2018.
Notes:
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The Oberon Community Services Committee Meeting was held on 1 February 2018 in Council’s Committee Room, 137-139 Oberon St, Oberon.
The Meeting commenced at 2:00pm
ATTENDANCE
Clr Brenda Lyon Chairperson Clr Mark Kellam Councillor Clr Don Capel Councillor Sue Fisher-Smith Oberon Neighborhood Centre Representative Kate Bird Community Member Owen Rogers Community Representative Lynette Safranek Finance and Community Services Director Tamara Greenhalgh Finance and Community Services Trainee
APOLOGIES
Mayor Kathy Sajowitz Oberon Council Mayor Bev Evans Community Member Mark Boffa Community Member
1. APOLOGIES – see Attendance and Apologies above
2. DECLARATIONS OF INTEREST- Nil
3. BUSINESS ARISING FROM PREVIOUS MEETING a) Park Run - Kate Bird has trialled a number of unsuccessful routes for the park run, with one option being from Rutters Ridge road to Black Bullock road which is 50m short of the 5km needed. The only road that would be crossed is the tip road, which is closed on Saturday mornings. Kate is enquiring if the small paddock on the corner is Government or Rail land as it would be the perfect starting and finishing point for the run. Council staff will gather more information and confirm ownership.
The park run already has some volunteers and will be applying for 2018/19 Section 356 funding.
b) Guinness World Records Planking – The recreation ground was inspected and it is too small for the challenge. A minimum of 2 acres is required to be able to accommodate 2000 people in groups of 50 with a space of 1.5m between, toilets, audience and cars. Clr Brenda Lyon has offered to ask Ian Gordon for the use of his land.
4. REPORTS a) SHEV immigration program – postponed until next meeting for Mark Boffa to raise.
b) Lifestyle and Wellness Festival Update - Clr Brenda Lyon provided a verbal update for the Committee. Advertising will start soon. The Event will be a gold coin entry at St Joseph’s School 10am to 4pm with lunch provided. There will be stall holders and
Minutes of the Oberon Community Services Committee Meeting held on 1 February 2018
Page 28 OBERON COUNCIL – OBERON COMMUNITY SERVICES COMMITTEE Page 2 of 2
activities and Galloping Gumnuts will be doing child care for those participating in the run. All money raised will go to Columbia for the purchase of equipment for residents.
5. GENERAL BUSINESS a) Bev Evans has submitted her resignation from the Community Services Committee. The members of the Committee would like a letter of thanks provided to Bev for her years of service. b) Columbia Homes – Clr Mark Kellam informed the committee a ratepayer has raised concerns with him regarding the level of care at Columbia Homes. The community member believes that it is not up to standard. Committee members were provided with the Aged Care Complaints phone number at the meeting and advised they would provide this to community members who are concerned. c) Air B&B – There are many air B&B’s appearing around the Oberon area and the Committee members would like Council to advise how they will deal with the these establishments. Will it be the same at the Bed & Breakfast establishments.
Recommendation: The Committee would like Council to advise on how they will deal with the Air Bed & Breakfast establishments within the LGA.
d) Weight Restrictions on Local Roads – Community members are wondering if there is a weight regulation on trucks going down every street in Oberon. There are concerns regarding the number of large trucks travelling on Oberon, Dart, Ross and other streets within Oberon and no using the Albion Street bypass. Clr Mark Kellam will raise this at the next TALC meeting for discussion.
e) ICE Drug Problem in Oberon –Committee members advised that they believe the ICE problem among working members of the community is rising. It is creating more problems with domestic violence. It was mentioned that the problem is with employees going ‘clean’ prior to employment for drug testing but return to using once employed as no testing is conducted. The Committee would like Council to have discussions with the local Police and local organisations to raise their concerns.
f) The Common Exercise Equipment – The instruction boards for the exercise equipment has fallen down on most pieces. Council staff will be asked to inspect and organise for the instructions to be refastened to the equipment, as this is causing some distress to the senior residents who are using the equipment.
The next meeting will be held on Thursday 24 May 2018 at 2.00pm.
Meeting closed at 2.55 pm
Minutes of the Oberon Community Services Committee Meeting held on 1 February 2018
Page 29 Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
13. REPORTS FOR DECISION 13.01 DEVELOPMENT APPLICATION 10.2017.1006.1 – TWO STOREY DWELLING File No: PO24-25 Author: Shane Wilson, Planning and Development Director
Summary A Development Application for a proposed two storey dwelling has been received by Council and is referred to Council for the following reasons:
Variation to Development Control Plan for height plane & site density Request for Clause 4.6 exceptions to development standards of the Oberon Local Environmental Plan, 2013 (LEP 2013). Consider objection of the development.
Recommendation: That Council:
1. Approve the variation to Clause 4.6 - Exceptions to development standards of LEP 2013 for proposed boundary adjustment between Lots 2 & 3 DP 541312, development consent can be granted.
2. Grant conditional APPROVAL for Development Application 10.2017.100.1 for a two storey dwelling and subsequent boundary adjustment on Lot 2 in DP 541312 being known as 25 Fleming Street, Oberon in accordance with Section 80 of the Environmental Planning & Assessment Act 1979. 3. A division be called in accordance with Section 375A of The Local Government Act 1993.
PROPOSAL: Plans and associated documents as FOLLOW.
Council is in receipt of a Development Application 10.2017.100.1 for the construction of a two storey dwelling consisting of, 3 Bedrooms, Living, Kitchen, Meals, Laundry, Garage, Ensuite, Bathroom, WC x 2, Workshop, Deck and Verandahs.
SUMMARY: To assess and recommend determination of DA10.2017.100.1. Recommendation will be for approval subject to conditions.
LOCATION OF THE PROPOSAL Legal Description : Lot: 2 in DP: 541312 Property Address : 25 Fleming Street, Oberon.
ZONING: The land is zoned R1 in accordance with Councils current Local Planning Instrument, being Local Environmental Plan (LEP) 2013. The proposed development is for the construction of a two storey dwelling, which is permissible within the zone.
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EXISTING CONSENT THAT RELATE TO THE LAND: Lot 2 in DP 541312 is 613.4m2 there was an existing red brick dwelling on the lot which was approved for demolition DA10.2018.5.1. It is unknown when the dwelling was constructed, but it provides for permissibility for the proposed replacement dwelling. An inspection of the existing dwelling showed it contained two bedrooms, living area, kitchen, WC, laundry/bathroom.
BASIX: BASIX certificate has been supplied as it is required for the construction of a dwelling. All commitments have been supplied on the plans. The plans are not in conflict with the BASIX requirements.
PLANNING FOR BUSHFIRE PROTECTION: The property is not identified as being bushfire prone and therefore no further consideration is required.
FORESTRY BUFFER: The lot is not impacted by the forestry buffer, no problems envisaged.
INDUSTRY BUFFER ZONE: The proposed dwelling is within the buffer zone, double glazed windows proposed which will compensate for noise attenuation.
CONECTION OF SERVICES: The lot is serviced by electricity, town water and sewer.
ACCESS LOCATION: The proposed access will be on the southern side of the property and be accessed via the Fleming Street frontage. The driveway has been altered to provide the required 1m clearance from the power pole on the road reserve. The proposed access has been reviewed by Council’s Engineer with no concerns raised.
EASEMENTS: The lot is not burdened with any easements; the sewer main is located on the eastern boundary with the dwelling being clear of the main.
HERITAGE: No heritage items, relics or conservation areas are located on or adjoining this land. There will be minimal impact to the heritage significance of local heritage items I33 and I36 as they do not adjoin the proposed development.
NATURALLY OCCURING ASBESTOS: The site is not known to have naturally occurring asbestos, none visible on site.
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PERMISSIBILITY: The Land is Zoned R1, a dwelling is permissible with Development Consent. The zone table and objectives are as follows:
Zone R1 General Residential
1. Objectives of zone To provide for the housing needs of the community. To provide for a variety of housing types and densities. To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2. Permitted without consent Home occupations
3. Permitted with consent Attached dwellings; Boarding houses; Business identification signs; Child care centres; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Water reticulation systems; Any other development not specified in item 2 or 4.
4. Prohibited Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
The proposed dwelling is permissible, within the R1 zone.
POLICY IMPLICATIONS (OTHER THAN DCP’s) Nil
FINANCIAL IMPLICATIONS (e.g. Section 94)
B.11 APPLICATION OF CONTRIBUTIONS Section 94 Contributions are not applicable for a replacement dwelling.
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LEGAL IMPLICATIONS Any Environmental Planning Instrument Consider SEPPs, REPs & LEPs. RELEVANT Provisions of LEP (e.g. permissibility, development standards, heritage listing, advertising requirements of another authority who administers a SEPP or REP). Is a SEPP1 objection required?
No REP’s are applicable to the proposed development.
Applicable SEPP’s: SEPP 55; the existing building is to be demolished and potentially contains asbestos, a demolition condition will be imposed and a clearance certificate required at the end of demolition.
No tree removal or land clearing is proposed.
Local Environmental Plan It is considered that the proposed development complies with the objectives of the zone. As they is proposed to be an alteration of the existing boundaries between Lots 2 & 3 which will result in both being below the LEP minimum lot size for the zone, therefore an exception to the development standards must be considered as detailed below.
Clause 4.1 Minimum subdivision lot size (1) The objectives of this clause are as follows: (a) to ensure subdivision of land occurs in a manner that promotes suitable land uses and development, (b) to ensure subdivision occurs in a staged manner that minimises the cost to the community from the provision of public infrastructure and services, (c) to ensure rural lands are not fragmented in a manner that threatens their future use for agriculture or primary production, (d) to ensure subdivision is not likely to result in inappropriate impacts on the natural environment, including native vegetation, natural watercourses and habitats for threatened species and populations and endangered ecological communities. (2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan. (3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. (4) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme. (4A) Despite subclause (3), land identified as “Area A” on the Lot Size Map may be subdivided to create lots of not less than 4,000 square metres if the consent authority is satisfied that each lot is, or will be, serviced by a sewage reticulation system and a water reticulation system.
The lot size map prescribes a minimum lot size of 800m2 in the Oberon General Residential Zone. Proposed future subdivision of existing lot 2 & 3 will result in an area of approximately 740m2 and 700m2. This is a change from the current sizes of 613m2 for lot 2 and 828m2 for lot 3. A condition would be placed upon this consent to ensure that the require subdivision is completed prior to the occupation of the dwelling, with the lot sizes to be similar to those identified above.
As both of the proposed lots are less than the minimum lot size the application must consider Clause 4.6 Exceptions to Development Standards of the Oberon Local Environmental Plan 2013.
Clause 4.6 Exceptions to Development Standards (1) The objectives of this clause are as follows: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
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(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. (2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. (3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening the development standard. (4) Development consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and (b) the concurrence of the Secretary has been obtained. (5) In deciding whether to grant concurrence, the Secretary must consider: (a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and (b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Secretary before granting concurrence.
The consent authority received a written request by the applicant that seeks to justify the contravention of the development standard. In accordance with Part 3 (a) of Clause 4.6 the written request states that compliance with the development standard is both unreasonable and unnecessary as it is: The proposal complies with the objective of the zone, The development represents a high degree of compliance with the other development standards, The design of the building has considered the streetscape,
In accordance with Part 3 (b) of Clause 4.6 the written request states that there are sufficient environmental planning grounds to justify contravening the minimum lot size, including: The proposed new development will enhance to the streetscape, Replace an outdated very small house with a high quality residence.
In accordance with Part 4 of Clause 3.6 the proposed development must be in the public interest as it is consistent with the objective of the standard. The primary objectives of Clause 4.1 Minimum Subdivision Lot Size are: (a) to ensure subdivision of land occurs in a manner that promotes suitable land uses and development, (b) to ensure subdivision occurs in a staged manner that minimises the cost to the community from the provision of public infrastructure and services, (c) to ensure rural lands are not fragmented in a manner that threatens their future use for agriculture or primary production,
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(d) to ensure subdivision is not likely to result in inappropriate impacts on the natural environment, including native vegetation, natural watercourses and habitats for threatened species and populations and endangered ecological communities.
The proposed lot sizes are considered to be a reconfiguration of the current lot, in which there is minimal impact of the current land uses or local area, especially given that one of the lots is currently 187m2 less then the minimum lot size of 800m2. Any such boundary adjustment will result in the two lots having consistent size, and will provide the required open space and other ancillary dwelling requirements. The current Queen Street frontage is not suitable for access of another dwelling. The site is also located within an established urban area and the subdivision would utilise existing infrastructure to service the future development and will not result in any adverse costs to the community from the provision of public infrastructure or services.
The proposed development must also be consistent with the zone objectives which are: To provide for the housing needs of the community. To provide for a variety of housing types and densities. To enable other land uses that provide facilities or services to meet the day to day needs of residents.
The development is consistent with these zone objectives.
Overall the non-compliance of proposed boundary adjustment will not impact on the environment or surrounding zones, it is consistent with the objectives of the zone and Minimum Lot Size Subdivision Standard.
Under Clause 64 of the Environmental Planning and Assessment Regulation 2000, Oberon Council can assume the Director-General’s concurrence for this exception to the development standard.
Any Development Control Plan Is the proposal consistent with the DCP? If not, is a variance warranted and has it been justified?
The DCP requires:
Height of Buildings The proposed dwelling will have a ceiling height of 5500mm which complies with the DCP, no problems envisaged.
Buffer Zones The proposed development is within the Industrial Buffer; the applicant has proposed double glazing for the dwelling which will comply with requirements for noise attenuation.
Building Height Plane The proposed dwelling is non-compliant with building height plane by 3100mm which represents a 56% difference; shadow diagrams have been provided showing overshadowing to the property to the south and east of the proposed dwelling.
The proposed dwelling has a deck that faces east and north and will overlook the properties in theses directions. The application was neighbour notified with one submission having been received, which raised concern about the potential loss of amenity due to the overlooking into the rear yard. The applicant has proposed the inclusion of full height powder coated plantation shutter privacy screens across the north side of the rear alfresco area and deck with blade restrictors which will prevent overlooking into the adjoining neighbours windows and rear yard.
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Setbacks from Street The proposed dwelling has a setback of 6.5m from the street and complies with the minimum setback requirements.
Orientation The proposed living areas will face north and east, taking advantage of the solar energy, which as been considered within the BASIX certificate.
Climate Control The addition to comply with BASIX requirements.
Visual impact The visual impact of the proposed dwelling is in accordance with the DCP, as it is a residential dwelling located within the appropriate zone.
Ridgetops The existing dwelling is not to be located on a ridgetop.
On Site Car Parking A double fronted garage is proposed and complies with the DCP; no problems envisaged.
Density Control The floor area of the proposed dwelling is approximately 344.9m2 which approximately consists of the house 204m2, garage 52m2 and decks & verandahs 90m2 proposed on the lot with a size of 613.4m2 equalling a density control of 0.56:1 which is non-compliant by 16%. The neighbouring lot to the south being some 828.30m2 is also owned by applicant has two dwellings totalling 218m2, applicant is proposing to undertake boundary adjustment to increase the size of lot 2 to achieve about 720m2 which would result in a ratio of 0.47:1 that is still 7% above the permitted density of the DCP. The proposed variation will not meet the minimum lot size provision of the LEP of 800m2 and will still not achieve the density provision of the DCP.
The applicant has submitted a request and justification for a variation to the DCP to allow a higher density ratio and also for an exception to the minimum lot size for the proposed boundary adjustment, under Clause 4.6 of the LEP.
Carport and Garages Garage proposed as part of dwelling, with double roller door accessible from the street.
Landscaping The dwelling is 6.5m from the boundary, no additional requirements.
Infill Housing The proposed dwelling is considered infill development. The dwelling is incorporating federation style construction at the street and will project forward of the existing dwellings to north and south which will enhance residential character, with the design considered suitable.
Stormwater Roof water to be conveyed to street, stormwater inlet required to be installed at owners cost. Any planning agreement that has been entered into under Section 93F, or any draft planning agreement that a developer has offered to enter into under Section 93F? Nil.
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Any matters prescribed by the regulations that apply to the land Refer to clause 92, 93, & 94 of the Regulation. If a DA for demolition, the provisions of AS 2601- 1991; The Demolition of Structures. Fire Safety considerations – DA that does not seek the rebuilding, alteration, enlargement or extension of the building. Consent Authority may require buildings to be upgraded – DA comprising the rebuilding, alteration enlargement or extension, take into consideration whether it is appropriate to require the building to be brought into conformity with the BCA.
A Development Application and Section 68 have been submitted for the proposed dwelling.
The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
The relevant matters are up to assessment and merit. As a guide only, the following may be considered if they are considered to be of relevance to the proposal. Amenity, streetscape, scenic quality, bulk, scale character, density, design, adjacent land use compatibility, solar access, noise, access & traffic, utility services, heritage, water, soils, air, flora & fauna, wastes, safety, security, crime prevention, natural hazards, social, economic & cumulative impacts.
The proposal is the construction of a new dwelling within the R1 zone. It is considered that the physical construction of the dwelling will have minimal impacts upon the amenity of the area as the external fabric of the construction work is in keeping with similar structures in the area.
The dwelling is single storey at the front and increases to double storey at the rear due to the topography of the land.
The size of the proposed dwelling is considered to reflect the size and character of many new dwelling being built today. It is acknowledged that the size of the houses in the local area, a far lesser than the proposed, with the majority being around 140m2. It is noted that there is a larger school building directly opposite the development site, with similar bulk and scale to the proposed.
Although the proposed dwelling is large on a difficult building lot, there are no unacceptable problems with over shadowing, as all properties adjoining the property will receive greater than 4 hours of winter sun into the properties.
As mentioned earlier in the report, concerns have been raised about the loss of privacy due to the location of the verandah, in relation to the proximity of the neighbouring property bedroom and lounge room windows.
The applicant has proposed the inclusion of full height powder coated plantation shutter privacy screens across the north side of the rear alfresco area and deck with blade restrictors which will prevent overlooking into the adjoining neighbours windows and rear yard.
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The proposed deck is some 8m way from the adjoining dwelling, with the proposed floor level being nearly the same height of the roof of the adjoining land. The majority of the deck area accessible from the meals area is only 9m2 and serviced by a bi-fold window in the kitchen with a screen proposed for screening, the verandah area which runs along the northern boundary is only 1.5m wide and considered only suitable for use a walkway. It is expected that the main outdoor living area will be the alfresco located at the rear of the building and is some 4m away from the boundary.
The proposed screening treatment as proposed by the applicant is considered to provide a reasonable degree of privacy to the adjoining properties and is believed to satisfy the planning principles for privacy.
The Suitability of the site for the development Does the proposal suit the site? Bulk/Scale/Sensitivity? Are there any natural or man made hazards?
The site is considered to be suitable for the development. The development is permissible in the zone and is consistent with the aims and objectives of the R1 zone. There are no human or natural hazards that would cause the proposal to not be considered. As such the application is considered to be suitable for the site. Visual impact is considered localised and on balance suitable.
Any submissions made in accordance with this Act or the Regulations If relevant, consider public and authority submissions. Do submissions relate to valid Planning issues?
NIL.
The public interest Have any genuine Planning issues been raised in by the wider public? Is there genuine irrefutable concerns relating to public health & safety?
Neighbour notification was undertaken from the 9th to the 25th January 2018, with a second letter sent to an adjoining neighbour after they stated that they had not received the earlier notification. At the end of the notification period one submission had been received (copy separately provided), with the major concerns identified below and considered within the report and the table below.
Submission concerns Comments "Gross Invasion Of Privacy" and request that Screening is an acceptable and appropriate the neighbours reposition the verandah away method of retaining privacy. from its proposed proximity to my bedroom / lounge room.
Screen is to be installed after the house is Any such works will need to be completed prior built. to the issue of an occupation certificate.
Increase of the wind tunnelling affect along the Building setbacks are consistent with the entrance/patio area of my house. planning and building code requirements.
Lack of consultation with residents. This Notification undertaken upon the lodgement of proposal was developed long before I was the application and a second letter sent to invited to lodge my submission. neighbour once they advised they had not received their letter.
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Architectural design is a personal preference New dwelling within an older non-heritage but this design is significantly different from the impacted residential area. surrounding local styles of properties.
The height of the building from the boundary See comments in report fence.
It is noted that no trees would be removed but No trees onsite at time of lodgement of the when the block was purchased all trees were application, thus condition or alike is unknown. cut down and removed.
The Planning control is there for a reason. If Refer to report for consideration. the Council allows these obscure boundary changes to 27 Fleming Street, they then set a poor precedent for future development. The building is clearly too big for the size of the lot. The developer admits that it is a non complying application.
Trees and/or hedges have not been included It has been acknowledged via planning in the Development Application along principles, that the use vegetative screens are neighbouring fence lines (25 Fleming St/23 problematic. Fleming St) to return significant environmental benefits including mutual privacy.
Drainage from this location is generally very Run off will be decreased as there is a good but a large house that takes up the entire requirement for the stormwater from all new lot will significantly increase water run-off onto works to be retained or discharged to a legal neighbouring properties. point of discharge.
Plumbing/sewerage continues to be an No additional loading is being placed on the unresolved issue at this location due to the current infrastructure, as a result of the new already established but failing infrastructure. dwelling.
DISCUSSION AND CONCLUSIONS The application is permissible in the zone and is consistent with the aims and objectives of that zone. Any perceived impacts can be minimised by onsite techniques in place or through conditions of consent. On balance the development dwelling and associated boundary adjustment is considered suitable for the site and therefore it is recommended that the variation to the DCP and the exception to minimum lot size requirements should be supported.
RECOMMENDED CONDITIONS OF CONSENT That the development for a two storey dwelling and subsequent Boundary Adjustment on Lot 2 in DP 541312 being known as 25 Fleming Street, Oberon be recommended for approval subject to the following conditions:
GENERAL CONDITIONS:
1. Approved Plans The development is to be carried out generally in accordance with the approved stamped plans
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Plan Title Prepared/Drawn by Date/reference Architectural Plans Robin White Sept 2017 BASIX Certificate Robin White Design 865215S_04; 12 January 2018 Slab Design Calare Civil Consulting 17.1195; 7 December Engineers 2017 Statement of Robin White Sept 2017 Environmental Effects
except as otherwise provided by the conditions of this determination.(Note:- modifications to the approved plans will require the lodgement and consideration by Council of a modification pursuant to Section 96 of the Environmental Planning and Assessment Act).
Reason:- To confirm and clarify the terms of Council’s approval.
2. Clearance Certificate for demolition Prior to commencement of works, submit an asbestos clearance certificate prepared by a NATA accredited occupational hygienist stating the site is suitable for residential development.
Reason:- To ensure the proposal complies with the requirements of AS 2601-2001.
3. Notice of Commencement At least two (2) days prior to the commencement of building works, the applicant is required to submit to Council the attached “Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority”.
Reason:- To meet the requirements of Section 81A of the Environmental Planning and Assessment Act 1979.
4. Hours of Work Building works involving the use of electric or pneumatic tools or other noisy operations shall be carried out only between 7.00 am and 8.00 pm on weekdays and between 8.00 am to 8.00 pm Saturdays. No work shall be undertaken on Sundays and Public Holidays.
Reason:- To ensure building works do not cause noise nuisance to surrounding premises after hours and on Sundays and public holidays.
5. Sediment Control To contain soil and sediment on the property, controls are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include the installation of a sediment fence with returned ends across the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and free of sediment. Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turfing, paving, revegetation.
Reason:- To prevent the movement of soil and sediment in accordance with the blue book.
6. Site Identification A sign is to be erected in a prominent position at the entrance of the work site, stating that unauthorised access is prohibited, and showing the name and contact phone number of the person or company in charge of construction on the site.
Reason:- To identify the site and builder, and prevent unauthorised access.
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7. Copy of Approval On Site A copy of the development consent and approved plans and specifications shall be kept on site at all times.
Reason:- To ensure a copy of the approval is available for builders/tradespersons on site.
8. Builders Toilets Prior to the commencement of works, temporary toilet facilities shall be provided on site for the use of builders or tradespersons during the construction works.
Reason:- To ensure adequate standard of amenities are available to workers on site.
9. Builders Waste All building rubbish, including that which can be wind blown, shall be suitably contained on site, until disposed of at Council’s Solid Waste Disposal Depot.
Reason:- To ensure the building site and surroundings are kept in a clean and tidy condition and to prevent a nuisance to surrounding premises.
10. Stormwater disposal Stormwater from the development is to be conveyed by approved drains and connected to the inter-allotment drainage system.
Reason:- To ensure compliance with BASIX and that stormwater is disposed of to the satisfaction of Councils Planning and Development Director.
11. Acoustic Attenuation Clause 6.6 of Councils LEP 2013 applies to the land as such, evidence is to be provided to and approved by Council that the dwelling can achieve an appropriate reduction to identified noise emissions (45dBa) by way of appropriate window attenuation. This will be required prior to the issue of an occupation certificate.
Reason:- To ensure that the proposed development complies with the objectives of Clause 6.6 Development within a designated buffer area of the Local Environmental Plan 2013.
12. Driveway/Access Construction Driveway access is to be constructed in accordance with the attached Council Policy 4103 - Driveway Accesses to Properties, Standard Duty Footpath & Gutter Crossings (Residential). Two inspections are to be undertaken by Council’s Engineering Department and applicable fees paid in accordance with Council’s current Schedule of Fees and Charges.
Reason:- To ensure adequate provision is made for vehicle access.
13. Manufacturers Roof Truss Specification Manufacturers roof truss specifications shall be submitted to Council prior to the frame inspection. The details shall specify member sizes and spacings, roof pitch, fixing details, wind loading, ground snow loading of 2 kPa, name and address of manufacturer etc.
Reason:- To ensure roof trusses are suitably designed for the local conditions.
14. Durable Termite Notice A durable notice must be permanently fixed to the building in a prominent location, such as the electricity meter box, indicating method of termite risk management, date of installation of the system, life expectancy of chemical barrier (if used) and installer’s recommendations of frequency of inspections.
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Reason:-To comply with Part 3.1.3.2 of the Building Code of Australia and to inform future owners of the building.
15. Smoke Alarm Installation Smoke alarms are required to be installed in accordance with the requirements of the Building Code of Australia. Multiple smoke alarms are to be interconnected.
Reason:- To ensure compliance with Part 3.7.2 of the Building Code of Australia.
16. Stairs and Balustrades The balustrades and stairs if required are to comply with the requirements of Part 3.9.1 and 3.9.2, Building Code of Australia, Housing Provisions; i. The height of the balustrade must not be less than 1 metre and the space between balusters or the width of any opening in the balustrade is not more than 125 mm. ii. That the height of handrail to stairways, must not be less than 865 mm above the nosing of the stair treads and the floor of the landing, access bridge or the like; and the space between the balusters or the width of any opening in balustrades is not more than 125mm. Where wire balustrades are used, certification indicating compliance with the Building Code of Australia of is required prior to inspection. iii. The stairs are to comply with the requirements for slip resistance.
Reason:- To ensure compliance with the Building Code of Australia.
17. Notice of Work A Notice of Work (NoW) shall be submitted by the plumber to Council 48 hours prior to works commencing onsite.
Reason:- To ensure compliance with the NSW Plumbing and Drainage Act 2011.
18. Certificate of Compliance A certificate of compliance for the plumbing works associated with this approval shall be submitted by the plumber to Council and the owner upon completion of all drainage works.
Reason:- To ensure compliance with the NSW Plumbing and Drainage Act 2011.
19. Sewer Service Diagram A Sewer Service Diagram (SSD) shall be drafted by the plumber on the standard form and submitted to Council and the owner upon completion of all drainage works.
Reason:- To ensure compliance with the NSW Plumbing and Drainage Act 2011.
20. Works Only By Licensed Contractor All plumbing and drainage work in the building and from the building to the septic tank must be carried out by a licensed plumber/drainer in accordance with the requirements of Australian Standard 3500-2003 “National Plumbing and Drainage Code”.
Reason:-To comply with Australian Standard 3500-2003 “National Plumbing and Drainage Code” and Clause 20 of the Local Government (Approvals) Regulation 2005.
21. Council Inspections Forty-eight (48) hours notice shall be given to Council for inspection of the following:-
Internal and external drainage lines, septic tank and effluent disposal area prior to backfilling. The licensed plumber/drainer shall be on site at the time of inspection, and the drainage lines shall be charged.
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The completed septic system and effluent disposal area.
Reason:-To enable Council to assess compliance with the general terms of the approval and for compliance with Australian Standard 3500-2003 “National Plumbing and Drainage Code”.
22. No alteration without prior Council approval The completed building is not to be altered externally in character or colour without the prior consent of Council.
Reason:-To ensure the external appearance of the development is not obtrusive or offensive and does not degrade the visual quality of the surrounding area.
23. Boundary Adjustment Prior to the issue of an Occupation Certificate, a registered subdivision plan is to be submitted to Council showing a boundary adjustment between lots 2 & 3 DP541312 with each lot to have a lot size of approximately 740m2 to 700m2.
Reason:-To ensure that the lot density and amenity for each lot is retained.
24. Subdivision Certificate A Subdivision Certificate will be required to be determined prior to the registration of your plan of subdivision. The conditions contained in this Consent must be complied with prior to the issue of a Subdivision Certificate.
Reason:- To comply with the requirements of Section 109C of the Environmental Planning and Assessment Act.
25. Subdivision Certificate Prior to the issue of an Occupation Certificate, full height powder coated plantation shutter privacy screens are to be installed across the north side of the rear alfresco area and deck with blade restrictors and the fence screen as shown must be installed.
Reason:- To retain the amenity of the adjoining property, by preventing overlooking into the adjoining neighbours windows and rear yard.
26. Occupation Certificate The applicant is to obtain an Occupation Certificate pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, from either Council or an accredited certifying authority prior to occupation of the building.
Reason:- Because it is in the public interest that an Occupation Certificate be issued prior to occupation of the building. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.
PRESCRIBED CONDITIONS OF CONSENT
The following conditions are known as “Prescribed Conditions” and are required by the Environmental Planning and Assessment Regulation 2000 to be imposed as part of any development consent whether or not they are relevant to the development approved under this consent. Please do not hesitate to contact staff in Council’s Development Department who will be happy to advise you as to whether or not the conditions are relevant to your consent.
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1. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate or complying development certificate was made).
Reason:- So that the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulation 2000.
2. In the case of residential building work for which the Home Building Act 1989 requires there to be a contact of insurance in force in accordance with Part 6 of the Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.
Reason:- So that the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulation 2000.
3. Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the following information: in the case of work for which a principal contractor is required to be appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under Part 6 of the Act, in the case of work to be done by an owner-builder: (i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.
Reason:- So that the development complies with the requirements imposed under Clause 98B of the Environmental Planning and Assessment Regulation 2000.
4. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: showing the name, address and telephone number of the principal certifying authority for the work, and showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the work site is prohibited.
Any such sign is to be maintained while the building work is being carried out and must be removed when the work has been completed.
Note: This condition does not apply to building work that is carried out inside an existing building that does not affect the external walls of the building.
Reason:- So that the development complies with the requirements imposed under Clause 98A of the Environmental Planning and Assessment Regulation 2000.
5. Any development that involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:
i. protect and support the adjoining premises from possible damage from the excavation, and ii. where necessary, underpin the adjoining premises to prevent any such damage.
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NOTE: The condition referred to in sub clause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.
Reason:- So that the development complies with the requirements imposed under Clause 98E of the Environmental Planning and Assessment Regulation 2000.
Notes:
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Page 46 Page 47
VARIATION JUSTIFICATION & REQUEST (Response to letter of objection)
For
Demolish existing dwelling and erect a two storey
dwelling. Subdivision for boundary adjustment
At
25 Fleming Street Oberon
For
B. & S. Harman
Page 48 25 Fleming Street: Variation Request
1.0 HEIGHT OF BUILDING & BUILDING HEIGHT PLANE Overview of Justification The proposed Building Height (BH) and Building Height Plane (BHP) development standard, as permitted by the Oberon Local Environment Plan 2013 (Oberon LEP), is founded in the context of the Oberon Development Control Plan and the characteristics of the site on which the proposed development is located. This request to allow the BH and BHP of a dwelling at No.25 Fleming Street, Oberon, as shown in drawings A01, S02, A03, A4 and A05 is considered fully justified in the context of compliance with the DCP, the set of circumstances surrounding the project, and in terms of it satisfying the established tests associated with compliance with the objectives in the general for housing development provisions. The principal arguments in favour of this building height and envelope are detailed in this request. The height as detailed in the architectural drawings is considered to be fully justified and warranted.
Project Background The property, known as 25 Fleming Street is located on the eastern side of the street, approximately midway between Ramsgate Lane and Queen Street. Opposite is St Josephs School. It adjoins three allotments. The proposal involves the demolition of the existing dwelling and the erection of a new dwelling which is single storey at the front and two storeys at the rear with basement workshop on the lower floor. All of the living and bedrooms spaces are on the main floor level.
Summary of Arguments Any BH statutory control beyond the DCP requirements would unnecessarily and unreasonably constrain the development potential of the Site, contrary to strategic planning for the responsible growth of Oberon. An exemption from the Building Height Plane (BHP) is sought under DCP Clause C.5.6.
1. Compliance with Objectives of the LEP - Under the LEP, the property is zoned General Residential R1. The proposal is permissible with Council consent. The objectives of the zone are: • To provide for the housing needs of the community. • To provide for a variety of housing types and densities. • To enable other land uses that provide facilities or services to meet the day to day needs of residents. The development of dwelling house suited to the needs of an aging demographic migrating from rural farms to the Oberonurban area to be able access services and live in comfort independently is an identified housing type needed by the community. This type of house in this location close to medical services is rare and would add to the variety of available housing. Note that the Height of Buildings clause was not adopted in the Oberon LEP.
2. Compliance with the DCP - The Oberon DCP Clause C.4 defines the meaning of Building Height as the vertical distance between natural ground level and the finished level of the uppermost ceiling in the building or where there is no ceiling or a "cathedral" ceiling, the level at which the main roof beams meet the top plate. The proposed maximum building height under this definition is 5. 4m above natural surface at the rear eastern end of the building. The height above the natural surface decreases from this end, transitioning to single storey at the front with a BH above natural surface of 3.2m. The maximum building height allowable is 5.5m. The building is compliant throughout.
3. Site Constraints – The allotment is narrow at 15.112m wide. The development site slopes from the front boundary to the rear boundary. The steep slope of the allotment which falls over 3m from front to rear means that any single storey development must be two storeys at the rear if the floor level is to be maintained at the same height throughout. This is a desirable design for an ageing population and is one of the major housing needs in Oberon. As this is an LEP objective the development complies. In order to achieve an accessible design for adaptable living in the future for the aging owners the proposal has Page 49 adopted a main living floor at a single level with only non-habitable space on the rear lower floor. The height of the building results from this design consideration.
4. Compliance with Objectives of the DCP - The objectives in general for housing development are: (a) ensure residential development will not significantly overshadow adjoining properties or (b) ensure residential development will not significantly reduce privacy enjoyed by adjoining properties. (c) to establish the maximum limit within which buildings can be designed and floor space can be achieved, (d) to permit building heights that encourage high quality urban form, (e) to provide building heights that maintain satisfactory sky exposure and daylight to buildings, key areas and the public domain, (f) to nominate heights that will provide an appropriate transition in built form and land use intensity.
The building height adopted in the proposal does not give rise to any adverse amenity impact to the neighbouring buildings in terms of overshadowing, visual bulk and scale. It is proposed that an amendment to the development adds privacy screens to the north deck/balcony and the north side of the rear alfresco area. (Refer to Section 8 for details). This would ensure that the development would not significantly reduce privacy. The current development incorporates a number of design measures which are conducive of minimising impacts to the neighbouring dwellings including additional side setback spaces on the north. The northern verandah and deck are designed to break the visual bulk of the building and to give internal privacy to the occupants and neighbours by reducing downwards vision from the living space. The narrowness and provision of other outdoor areas proves that it is not designed for use of the occupants as outdoor recreation or sitting space. The shadow diagrams address the solar access requirements. The new built form will result in consistent form and massing across the streetscape and will not result in a development that extends beyond the building height requirements.
5. The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. The proposal is considered to be in the public interest.
6. The two storey form of the building is not apparent from Fleming Street and it presents as single storey in the streetscape. The height at the front varies from 3.2m on the north side to 2.8m on the south front side. These are acceptable and compliant heights. The adjoining lot to the north is a potential development block and when building are built thereon, the side of the proposed residence will be obscured. The southern mass of the building is obscured from Queen street by the existing embankment.
7. Under DCP C.5.5 Building Height Plane the objectives are to ensure that residential development will not significantly:
(a) Increase the overshadowing on adjoining properties; (b) Reduce the level of privacy on adjoining properties;
The proposal does not fit into the building plane of the Oberon DCP which requires that a projected angle of 45 degrees from a height of 1.5m above the natural ground. The first floor wall on the north is setback over 4m from the side boundary and complies. The edge of the deck, eave of the house and roof of the north verandah proposal are the only building elements that are non-compliant on this side. However this is compliant with the SEPP Complying Development Codes for dwelling houses and attached development. 3.3m (horizontal distance) of the roof and wall of the garage on the south side lies within the building height plane of the DCP. However this is compliant with the Complying Development Codes for dwelling houses and attached development, as it falls within the required envelope, is of masonry construction and has no windows on the south side. On the north side towards the front the DCP building envelope reveals an encroachment 1.1m high by 2.7 wide Page 50 taking in the angle of the roof and towards the rear 2.2m high by 5.2m wide taking in the angle of the roof. The narrowness and length of the allotment precludes greater variety in the side setbacks but articulation has still been achieved.
It is considered that the proposal will not result in any unreasonable amenity impacts and satisfies the objectives of the control.
Under State Environmental Planning Policy (SEPP) the maximum height of walls within 900mm of a boundary must be less than 3.3m above the existing ground and the development is compliant. Under SEPP the rear setback must be a minimum of 12m for an allotment >900sq.m. and for the 613sq.m. original allotment, must be 8m. The proposal has a rear setback of 7.15m to the building wall and 5.65m to the verandah. This is a 12% decrease in the distance required. However, the non- compliance with the requirement is not considered to be significant. It is also considered that the proposal is consistent with the objectives of the controls and the non-compliance arises from the steep slope and the narrowness of the frontage which forces a large proportion of the development to the rear. The proposal is considered to promote the efficient use of land and is sufficient for the development in terms of provision of landscaping, vehicular covered spaces and access whilst maintaining amenity in relation to overshadowing, privacy and views by having sensitive layout of buildings and privacy screening on the north outdoor sitting areas. Under SEPP The maximum height of the floor level of the deck or verandah must be less than 2.0m where within 2m of a rear or side boundary. The maximum height of the floor level of the deck or verandah must be less than 3.0m where within 3m to 6m of a rear or side boundary. The maximum height of the floor level of the deck or verandah must be less than 4.0m where greater than 6m from of a rear or side boundary. The development is compliant. Under SEPP the total floor area of all decks and verandahs that are within 6m of a side or rear boundary and have a finished floor level of not more than 2m above the existing ground level must be less than 12.0sq.m. The area of verandah is 14.2 sq.m., which is 15% over the allowable area.
The narrowness of the allotment and desirability for northerly solar access for the occupants in Oberon’s climate with construction of optimal 1500mm depth of shading to northerly glazing to maximise solar gain mean that the verandah areas are required on the north side which is additional to the large alfresco area. The narrow north and east verandahs are in not an area that will be used by residents, but rather they are a design feature to comply with solar access and to visually reduce the bulk of the building. The east verandah protects from heat gain into the main bedroom. These verandahs are not additional outdoor living space but rather solar controls. The outdoor alfresco area is additional to this and is located under the main roof. The steepness of the block of land necessitates having the verandahs adjoining living space so that they are at the same level and not one storey below at ground level. Building setbacks from the street boundary are consistent with prevailing setbacks of adjoining and nearby buildings. It is considered that the proposal will not result in any unreasonable amenity impacts and satisfies the objectives of the control. Although the privacy louvres will be erected towards the end of the construction period they will be in place prior to occupation as part of the certification process.
8. Exemption Under DCP C.5.6 an exemption from the building height plane requirements is claimed because clear advantages have been achieved by incorporating design principles on a narrow allotment. In order to comply with C.5.8, C.5.9 and C.5.10 of the DCP the outdoor areas and living space are oriented for protection from prevailing winds. The building is oriented so that the living area has a northerly aspect for passive solar gain, 1.5m wide verandahs for both a reduction of solar gain in summer and maximising solar gain in winter. Large windows face the north side. The garages are on the south side. The deep alfesco verandah provides shade for indoor living spaces from the easterly sun in summer and it is shielded from winds to the south and west. This will minimise energy usage, maximise comfort of the residents and provide Page 51 character to open spaces and the facades. The outdoor spaces provide for a variety of uses, including clothes drying to reduce energy costs. The climate has been considered with the use of thermally efficient Hebel panel walls. There is minimal glazing to the southern walls. Garages, laundry, pantry, ensuite, and wardrobes located on the south side. The roof is steeply pitched to shed snow build-up and provide an insulation space in Oberon’s harsh climate.
An aesthetically appealing building has been achieved within the site constraints. The building optimises and exploits the narrow site’s potential. By adjusting the boundary to the south and widening the boundary offset on the north, overshadowing and privacy are not significantly affected. An exemption from the DCP building height plane is justifiable because of the restrictions due to allotment narrowness, site depth and land slope, and the responsive design of the development.
It is proposed that an amendment to the development includes the provision of full height powdercoated plantation shutter privacy screens across the north side of the rear alfresco area and deck with blade restrictors which prevent overlooking into the adjoining neighbour’s windows or down into the yard. The occupants of the development building will be able to look out horizontally but not down. This amendment would facilitate the removal of the screen on the north fence at the deck location as this would be obsolete. Importantly this proposed amendment to the design has been formulated as a result of issues raised by a neighbour. It is considered that with this amendment visual privacy and amenity impacts on the neighbouring property are not unreasonable.
The non-compliance with the Building Height Plane development standards is therefore acceptable and does not contribute to any adverse visual bulk and scale impacts given the built form. A DCP compliant proposal would have the same impacts due to the slope of the land.
9. Clause 4.6 of the Oberon LEP 2013 is the statutory mechanism that allows the consent authority to grant consent to development that departs from a development standard imposed by the LEP. The clause aims to provide an appropriate degree of flexibility in applying certain development standards, including the Building Height Plane control of the DCP, to achieve better outcomes that are in the public interest.
Clause 4.6(3)-(5) of the Oberon LEP 2013 provides that:
4.6 Exceptions to development standards
(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening the development standard. (4) Development consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and (b) the concurrence of the Secretary has been obtained. (5) In deciding whether to grant concurrence, the Secretary must consider: (a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and (b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Secretary before granting concurrence. Page 52
I submit that compliance with the standard is unreasonable or unnecessary in the circumstances of the case because the proposal complies with the objectives of the standard and the zone. The proposed development will be in the public interest because it is consistent with the objectives for the development within the zone in which the development is proposed to be carried out. In addition to consistencies with the objectives of the zone, the proposed development represents a high degree of compliance with the predominant DCP and SEPP building controls which therefore demonstrates that the Building Height and Building Height Plane principles can be supported on the site and that strict compliance with the development standard is unreasonable and unnecessary. It is proposed that an amendment to the development includes the provision of full height powdercoated plantation shutter privacy screens across the north side of the rear alfresco area and deck with blade restrictors which prevent overlooking into the adjoining neighbour’s windows. Importantly this proposed amendment to the design has been formulated as a result of issues raised by a neighbor. It is considered that with this amendment, visual privacy amenity impacts on neighbouring properties are not unreasonable. All other amenity impacts are no greater than that which is contemplated by LEP and DCP controls, in particular for overshadowing and solar access. The development, with the screening amendment is designed so that its occupants of the development building enjoy visual and acoustic privacy, whilst maintaining a reasonable degree of privacy to adjoining and nearby properties.
The single storey appearance of the proposed residence in the streetscape is modest. The height, bulk and scale will not be out of character when viewed from Fleming Street. Given the minor and localised nature of the variation, high degree of compliance with other building controls and the site restrictions of sloping land and narrowness of the allotment, it is considered that the proposed residence does not represent an overdevelopment of the subject site. The articulated nature of the building and verandahs giving horizontally visual breaks to the height further minimise the bulk and scale. The render painted finish and decorative horizontal banding further diminish the impact of the two storey part of the structure. The absence of environmental impacts associated with view loss and overshadowing underlines the reasonableness of the Building Height Plane variation. Whilst it is noted that a degree of overshadowing will occur, adjoining properties continue to receive 4 hours of solar access. It is thereby considered that the circumstances are particular to the subject site and the proposed development which confirms the reasonable nature of the variation. The variation allows for a better planning outcome than the existing building and it is considered to be a superior outcome when compared to other forms of compliant development that would be permissible and compliant on the site.
The localised areas of the proposal which exceed the Building Height Plane are not responsible for much greater environmental impacts than a proposal with a compliant BHP. Given the areas of impact are minor there is no sound planning justification to impose restrictions. The BHP variation is not associated with overdevelopment of the subject site. The positive streetscape outcomes associated with the development and high amenity as well as the replacement of an outdated very small dwelling house with a high quality residence confirms that there are sufficient environmental grounds to support the design.
It is considered that the proposed development is of a bulk, scale and character that it is compatible with the surrounding freestanding residences and the potential development site to the north may have similar design outcomes. The proposed building envelope is consistent with front, rear and side setback requirements and the setbacks are consistent with surrounding buildings. The development is compatible with the single residence character of the area and pattern of development. The single storey nature of the front is consistent with the streetscape. This confirms that the proposed development is of a size, scale and visual character of the locality and the existing pattern of development. The proposed development is not in a conservation area and is not adjacent to any heritage items.
Page 53 2.0 Summary & Conclusion
Consistency with objectives of the development standard: The proposed development is consistent with the objectives of the height of building plane development standard as discussed in this letter.
Consistency with objectives of the zone: The proposed development is consistent with the objectives R1 land use zone as discussed in this letter. Overall public interest: In accordance with the requirements of Clause 4.6(4)(a)(ii), the proposed development and variation to the development standard is in the public interest because it achieves the objectives of both the development standard and the land use zone. Conclusion on clause 4.6(4)(a)(ii) and overall clause 4.6(4)(a)(ii): Despite the proposed variation to the numerical BHP control, it has been demonstrated that the proposed BHP, and indeed the building envelope, is consistent with the objectives of the Oberon R1 land use zone and the BHP development standard under the Oberon LEP 2013. Accordingly the consent authority can be reasonably satisfied that this written request has adequately addressed matters in clause 4.6 (3) and that the proposed development would be in the public interest because it provides a number of benefits, and is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out. Other matters for consideration: The development does not raise ant matter of significance for State or regional planning. Conclusion on clause 4.6(5)(b)(ii) : There is no public benefit in maintaining the BHP development standard in this case. Maintaining and enforcing the development standard in this case would unreasonably constrain the development of this site, and unnecessarily reduce the benefits the development brings. An undesirable precedent will not be set as the site is unique. The site and project specific circumstances could not have been foreseen by Oberon Council when setting the generic Height of Buildings controls and it warrants a better outcome to be delivered. It is considered to be in the public interest that a variation be supported in this case.
The above assessment is considered to demonstrate that the intrusion of the building beyond the Building Height Plane is not responsible for any significant or unreasonable impact beyond that of a compliant building. A compliant building would still need to address overlooking, overshadowing and solar access impacts. The proposed amendment incorporating privacy screening on the north side is compatible with reasonable controls and ensures there is no direct overlooking. It is considered that the development is consistent with the objectives of the zone and strict compliance with the Building Height Plane development standard is unreasonable and unnecessary in this instance. The objectives of the standard are achieved notwithstanding non-compliance with the standard. The development is in the public interest because it is consistent with the objectives of the zone as discussed in this letter. The clause 4.6 request demonstrates that the proposed development will deliver a good outcome for the site and optimises the opportunity to establish a high quality development that revitalises an under-used residential site. For the reasons set out in this written document of request the proposal should be approved in accordance with the flexibility allowed under clause 4.6 of the Oberon LEP 2013.
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13.02 PLANNING PROPOSAL – 2519 O’CONNELL ROAD File No: PR186-2519 Author: Brendan O’Loan Consulting Town Planner / Shane Wilson Planning & Development Director
History: Council at its Ordinary Meeting on 21 November 2017 resolved:
“That the proposal be deferred until an onsite meeting can be held in the New Year.”
Further to that resolution a site inspection/meeting was arranged and conducted at 4pm 23 January 2018, with Councillors Sajowitz, Kellam, Lyon, McCarthy, Capel, McKechnie, Cameron Hill (proponent), David Walker (Geolyse) and Shane Wilson Planning & Development Director present for the inspection/meeting.
The unchanged report is now referred back to Council for consideration.
Summary: Council is been in receipt of a Planning Proposal from ‘Geolyse’ for an amendment to the Oberon Local Environmental Plan 2013. The Planning Proposal has been submitted to Oberon Council on behalf of Belvoir Hill Pastoral Company Pty Ltd in May 2017. The subject site is land located at 2519 O’Connell Road, O’Connell which is to the south of the township of O’Connell and 18km south-east of Bathurst. The Planning proposal is for a rezoning of the subject site from RU1 Primary Production Zone to R5 Large Lot Residential Zone with a 10ha minimum lot size. This rezoning would facilitate a potential 17-lot subdivision on the subject site.
Oberon Council officer’s assessed the planning proposal in August 2017 and identified the following reasons on which not to recommend support to the planning proposal at that time:
- Does not accord with the Oberon Land Use Strategy criteria in identifying future rural lifestyle living sites as O’Connell is not a primary or secondary service centre. - The additional lot supply in O’Connell may generate disproportionate demands for services and infrastructure in the village of O’Connell which is currently not zoned to allow commercial, retail or community facilities. - There has been no evidence provided within the Planning Proposal that there is less than 10 years supply of rural lifestyle living sites and/or a lack of supply of rural lifestyle living sites in O’Connell or Oberon Council. - In accordance with Section 117 Direction 1.2 Rural Lands, there is no compelling reason that this agricultural land should be rezoned to lifestyle living lots. - Is not supported by SEPP (Rural Lands) 2008, as the Planning Proposal has failed to provide evidence that additional R5 zoned land would contribute to the social and economic welfare of the O’Connell community.
Despite not supporting the planning proposal the Council officer’s assessment of August 2017 stated:
“To a certain extent there is some planning merit to the Planning Proposal as the subject site is located between two areas of R5 zoned land and in the future there may be some land use conflict between the R5 and the subject sites RU1 zoning. The land also has manageable constraints, is close to the centre of O’Connell and is potentially the most suitable RU1 land in the O’Connell surrounds suited for large lot living.”
Initial advice on the draft report was provided to ‘Geolyse’ for their consideration.
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‘Geolyse’ have since responded to the Council officer’s recommendation with ‘Further Information’ dated 5 October 2017, which is affirmation of the strategic merit of the planning proposal. This report has subsequently been prepared in response to the Geolyse ‘Further Information’.
Recommendation:
That: 1. Council do not support the Planning Proposal or the request for gateway determination for the following reasons. o The additional rural residential land in O’Connell will result in a disproportionate demand for services and infrastructure in O’Connell which is currently not zoned to allow commercial or retail uses. o The additional rural residential land in O’Connell is not supporting the town of Oberon which is nominated as the primary service centre and has significant amounts of R5 land available in conjunction with existing services and/or the potential to provide these services. o This planning proposal is inconsistent with the Rural Planning Principles identified in the State Environmental Planning Policy (Rural Lands) 2008 specifically: . The promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas. . Recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development, . The provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities,
2. Council authorise the General Manager to inform the proponent that Oberon Council do not support the planning proposal.
3. A division be called in accordance with Section 375A of The Local Government Act 1993.
Comment:
The proponent has stated in their further information letter that additional rural residential living in O’Connell is generally consistent with eight of the nine criteria identified in the Oberon Land Use Strategy (LUS). The one criteria that Council officer’s identified as not being compliant was that new rural residential development should have reasonable proximity to one of the LGA’s primary or secondary service centers, and that O’Connell is not identified as a primary or secondary service centre. The proponent has stated that the term primary or secondary service centre is not defined in the LUS however in early iterations of the LUS, Oberon is nominated as the primary service centre and Black Springs and Burraga are the secondary service centers. Essentially a secondary service centre was defined as being between 30-500 households and providing services and a focus for a district sub-catchment. An explanation in the Oberon Land Use Strategy (September 2010, p173) was that O’Connell was not included in the secondary service centers because it considered that any substantial re-development (in O’Connell) will detract from the creation of a critical mass for the higher order villages and towns. Although O’Connell still has a lack of services for a district sub-catchment in 2017, it definitely has greater than 30 households and it could be argued that it is now a secondary centre. The proponent is correct when it stated in their further information, that O’Connell not being a
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secondary centre did not prevent Council from rezoning land directly around the O’Connell village via the adoption of the LUS in 2013. In isolation an additional 17 lots as a result of this planning proposal and subdivision seems relatively docile however the cumulative impact of the combined R5 zoned land in O’Connell is likely to impact on the growth of the primary service centre of Oberon. Irrespective of whether O’Connell is a secondary service centre, the Council officer’s report stated the additional lot supply in O’Connell may generate disproportionate demands for services and infrastructure in the village of O’Connell which is currently not zoned to allow commercial, retail or community facilities.
The proponent has tried to argue that the current RU1 zoning is satisfactory with various uses permitted with consent including a Highway Service Centre. The O’Connell Road is not a highway so this is a moot point. The prohibition of commercial type services in the RU1 zoning of O’Connell is a limitation for the expansion of O’Connell. As population grows there will be a demand for Council to provide services to support the community and to facilitate uses that are currently prohibited. This lack of a village or local centre zone has been recently identified in the community and as the town grows and social disadvantage arises due to the inaccessibility to basic services, Council may be forced to respond accordingly.
The Council officer’s assessment requested a land analysis and stated that crucial parts of the Oberon Land Residential Land Analysis prepared by WRI were incorrect, particularly the claim that there had been an 85.5% increase in population in O’Connell between 2006 and 2011. This error has not been acknowledged by the proponent in the further information and they state that O’Connell has had a 6% growth year on year in the 10 year period 2006-2016.
The proponent’s further information provided a supply analysis of the existing R5 land in O’Connell and came to the conclusion that there is an estimated supply of 65 R5 zoned lots in O’Connell (18 vacant but subdivided and 47 potential lots). Although the assumptions that the Council uses is different, Council officers have determined (as of October 2017) that there are 17 vacant but subdivided lots and 49 potential R5 lots available in O’Connell. The supply of R5 lots in O’Connell is therefore estimated to be 65-66 lots.
In terms of demand the proponent states that with a consistent 6% growth in O’Connell, this represents 3.25 years supply or with a moderate growth rate of 2.5% this is 13 years supply of R5 land available in O’Connell. Council’s own research into demand shows that there have been 14 approved dwellings in the O’Connell R5 zone over the past 3 years. If this trend is to continue then there is 13 years supply of R5 land left in O’Connell. Therefore the proponents moderate demand growth reveals similar findings to Council.
The proponent considers this to be substantial evidence to rezone the subject land and states:
Additionally, the form of lifestyle allotments offered around the O’Connell village are very specific in terms of size and provision of on-site services. Other lifestyle allotment opportunities within the Oberon LGA are smaller, with minimum lot sizes on offer of 2 hectares and 5 hectares. The larger lot sizes offered around O’Connell are not offered elsewhere in the LGA and it is understood that it is this form of uniqueness, together with the character of the locality that contributes to their appeal.
Because of this apparent unique offering, the proponent avoids an in-depth discussion of the availability of R5 land in the entire Oberon Local Government area. Analysis of the Oberon town area shows in excess of 550ha of R5 zoned land that has yet to be subdivided. With a reduction of land for infrastructure provision (for e.g. roads) and with the land having a mixture of 2 to 5ha minimum lot sizes, there is in excess of 200 lots in the Oberon R5 zoned land which is yet to be subdivided. There are also dozens of R5 zoned lots that have been subdivided but are still vacant.
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The addition of R5 land was identified in the LUS as a way to prevent rural land fragmentation and as a means to attract growth to the town of Oberon. Adding to the supply of large lot living in O’Connell is not supporting the growth of the town of Oberon which has the capacity to provide the necessary services to its residents.
The Council officer’s recommendation stated that In accordance with Section 117 Direction 1.2 Rural Lands, there is no compelling reason that this agricultural land should be rezoned to lifestyle living lots. The proponent suggested that the compelling reason for the rezoning is that the land is suitable for large lot living and adheres to the criteria of the LUS. They also state that not providing R5 land could lead to pressures of land releases in other RU1 land and that the prevention of the land use conflict now (between rural residential land and primary production land) could solve the problem in the future. This shows a lack of respect and understanding of the State Planning Policy (Rural Lands) 2008 which is fundamentally there to protect rural land for rural and related purposes. Three of the rural planning principles of the State Planning Policy (Rural Lands) 2008 are: The promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas; and Recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development, The provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities, The proponent has not provided any substantial case in favour of these inconsistencies with the State Planning Policy (Rural Lands) 2008. It is the view of the Council officer that the removal of 170ha of primary productive land is premature at his stage when there is no obvious need and no obvious encroachments on the owners land. There is also no tangible economic or social gain for the community and therefore it is considered that this planning proposal and subdivision would be a net loss for the O’Connell and Oberon Council at this time. Based on the assessment detailed within this report, it is recommended that Council not support the planning proposal or the request for gateway determination. The proponent then has the opportunity to request a ‘pre-gateway review’ by a Planning Panel.
Notes:
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13.03 JOINT ORGANISATIONS – OBERON COUNCIL INVOLVEMENT File No: PR186-2519 Author: Gary Wallace, General Manager
Summary: The purpose of this report is to provide advice to the Minister for Local Government that Council seeks to be part of a Joint Organisation in Central NSW. The resolution is as provided by the Office of Local Government (OLG) to give effect to this decision.
The report provides background advice to this resolve and has been developed in consultation with Central NSW Councils (Centroc), a Pilot Joint Organisation, using advice from the OLG.
Recommendation:
That:
1. Oberon Council inform the Minister for Local Government (Minister) of the Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation (Joint Organisation) in accordance with this resolution.
2. Council approve the inclusion of the Oberon Local Government Area in the Joint Organisation’s area.
3. That the Joint Organisation be established to cover the Council’s area and any one or more of the following council areas:
Blayney Shire Council, Cabonne Council, Cowra Shire Council, Forbes Shire Council, Lachlan Shire Council, Lithgow City Council, Oberon Council, Orange City Council, Parkes Shire Council and Weddin Shire Council.
4. That, on the expiry of a period of 28 days from the making of this resolution, the General Manager provide the Minister:
a. with a copy of this resolution including the date on which Council made this resolution, and b. inform the Minister that this resolution has not been rescinded, for the purpose of the Minister issuing a certificate under section 400P of the Act.
Comment:
ATTACHED for Councillor consideration are the following:
1. Joint Organisations – Working together for regional communities 2. Legal Advice to Centroc 3. Correspondence from the Office of Local Government
Joint Organisations (JOs) are a key component of the local government reform process and have the intention to transform the way in which the State Government and local government collaborates and sets regional priorities to support local communities. Centroc was selected as one of 5 Pilot JOs.
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Centroc’s entity status is currently a Section 355 Committee of Forbes Shire Council. The Centroc Board has had ongoing concerns with this structure as it unfairly burdens Forbes. The Board recognises that the JO legislation addresses this issue.
The State Government has passed legislation for the formal creation of Joint Organisations under the Local Government Amendment (Regional Joint Organisations) Bill 2017. This allows councils in regional NSW to voluntarily create Joint Organisations.
Legislation
A review of the Legislation shows the essential elements of a Joint Organisation’s operation are as follows:
Established and dissolved by Proclamation. This means that if a council wants to join or leave a JO then the JO must be recreated through Proclamation; Body Corporate and a statutory corporation under the Interpretation Act; Council must resolve to join the JO. The resolution must be in a specific format that mentions the other councils in the JO. The resolve above is that recommended by the OLG: Principal Functions: o Establish strategic regional priorities and strategies and plans for their delivery o Regional Leadership to advocate for strategic regional priorities o Identify and take up opportunities for intergovernmental co-operation. Other functions: o As directed by the members (including regulatory functions) o As directed by legislation o As delegated by the CEO of the OLG Board – Mayors only. One delegate per council unless the JO decides it wants two. Then it must be two from each council. The second delegate must be a councillor. General Managers attending meetings are not voting Board members Associate Membership – is provided for and includes Department of Premier and Cabinet (DPC) and County Councils which means that Central Tablelands Water can be an associate member. Hilltops, Upper Lachlan and other neighbouring Councils outside the Planning Boundary may seek to be associate members; Voting – equal votes per member council, no votes for associates; Chair – holds office for 2 years and can be a non-voting Chair. Where there is a non-voting chair the chair’s council nominates another representative to be the voting delegate; Executive Officer is the Public Officer; Exercise of Functions – can be by employees, agents and contractors, committees of the board, jointly with others including member councils or another JO and by a delegate of the joint organisation. A council cannot be required by a decision of the JO to delegate any of its functions to the JO; Delegations – can delegate to an EO, a Board committee or any other person or body any of the functions of the JO. The JO can sub-delegate any functions delegated to it by the CEO of OLG; The Act applies to a JO the same way as it applies to a council except for the stated exemptions. JOs are exempted from activities such as Integrated Planning &Reporting, community consultations, elections, planning, strategic planning and annual reports; Staff are employed under the State Industrial Relations system; and Regulations will be written to facilitate the work of the JO.
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Forming a Joint Organisation
Joint Organisations can be formed with a minimum of 2 councils and those councils must lie within a State Planning Region as shown in the map below. According to advice from the Office of Local Government, Joint Organisation boundaries should:
align with, or ‘nest’ within one of the State’s planning regions demonstrate a clear community of interest between member councils and regions not adversely impact on other councils or JOs, for example, leaving too few councils to form a JO be based around a strong regional centre or centres be of an appropriate size to partner with State, Commonwealth and other partners. 1
While the choice to join and composition of a Joint Organisation is voluntary, the NSW Government will only support the creation of Joint Organisations within existing State planning regions and in regional NSW. For Council this would mean membership within the Central West/Orana Planning Area.
1 Joint Organisation Information Pack as provided to Council by the Office of Local Government, page 5 2 https://www.olg.nsw.gov.au/sites/default/files/EC_joint%20organisation_2017_v07.pdf page 6
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It is noteworthy that while Council can opt into the Joint Organisation, opting out is more difficult and would require Proclamation through State Parliament. Having said that, Council has been a voluntary member of Centroc and appreciated its value since its inception in the 1980s. Further, Local Government is a function of the State Government and exists at its behest – arguably the operating environment of Local Government is always within boundaries set by the State and so becoming a member of the Joint Organisation is no more constraining.
The Office of Local Government has provided advice that should Councils wish to take advantage of the Joint Organisation provisions they must do so by 28 February 2018. This is to allow for the Proclamation process and a start date of 1 July 2018. It is acknowledged that this timeframe is tight.
Discussion in the region
The Centroc Board met 23 November 2017 and gave consideration to becoming a JO. Included in its considerations was the attached legal advice. The Centroc Board subsequently resolved as follows:
1. Support in principle Joint Organisation legislation; 2. Seek an extension of time for Councils to opt in to allow for the development of the regulations; and 3. Invite the Office of Local Government to present to the region as soon as possible.
Mr. Chris Presland of the Office of Local Government made a presentation to the region on Joint Organisations to the region Tuesday 12 December 2017. Attendees at the meetings were generally positive about the opportunity to leverage becoming a member of a Joint Organisation with a boundary similar to that of Centroc. Attendees were in agreement that the Joint Organisation would offer a better structural arrangement than a Section 355 Committee of Forbes Shire Council as is current with Centroc.
Disappointment of Centroc members was expressed at the presentation Tuesday 12 December regarding the lack of clarity due to the Regulations for Joint Organisations not being developed. It is understood that the Office of Local Government will commence consultation on the Regulations in February 2018. The region has sought advice particularly with regard to any liability of the Joint Organisation being extended to member Councils. Mr Presland agreed to undertake follow-up both in this regard and in relation to enabling aggregated procurement. At the time of writing no further advice has been provided by the Office of Local Government.
Consultation regarding membership
Direction from the Office of Local Government is that full members of a Joint Organisation must fall into a regional planning area. Centroc members share a planning boundary with Orana Regional Organisations of Councils (OROC).
Advice from OROC is that there is no interest in forming a Joint Organisation with any Centroc members, rather they have State permission to include Councils in the Far West in their JO.
Centroc members agreed at the workshop Tuesday 12 December to recommend to members they proceed with JOs with the membership of the Centroc within the planning boundary. That is Bathurst Regional Council, Blayney Shire Council, Cabonne Council, Cowra Shire Council, Forbes Shire Council, Lachlan Shire Council, Lithgow City Council, Oberon Council, Orange City Council, Parkes Shire Council and Weddin Shire Council.
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Associate members will be at the discretion of the membership and developed as part of the Charter. The Charter will be developed subsequent to the Proclamation of the Joint Organisation and advice from the Office of Local Government is that it will be similar to the Charter developed during the Pilot period.
Financial implications
The Office of Local Government has advised that there is $3.3m available in seed funding to establish JOs across NSW.2 Also, the Office of Local Government provides advice that Councils that are members of Joint Organisations will be able to take advantage of investment opportunities that are delivered through the Joint Organisation.3 It is noteworthy that Centroc was recently successful in December 2017 in securing a 100% funded bridge assessment program with other grant applications aggregating member Council priority in the pipeline.
Effecting becoming a member of a Joint Organisation
The Office of Local Government has provided Council with guidance regarding becoming a member of a Joint Organisation. This includes the resolve as printed above and filling in an online form. The online form included seeking advice regarding a name and advice on any non-financial support required to ensure the Joint Organisation proposal is successful.
Name
The preferred name for the Joint Organisation of Councils is suggested as “Central NSW Councils Joint Organisation.” This name builds on the location of the region in Central NSW, its history as a Regional Organisation of Councils and emphasizes its function as a collaboration of Councils.
Non-financial support required to ensure the Joint Organisation proposal is successful
The following non-financial support would be useful in ensuring the success of Joint Organisations:
Optimising aggregated procurement for Joint Organisations; Dedicated resource in the Office Of Local Government for Joint Organisations including collaboration between Joint Organisations; Support for a JO Chairs Group with dedicated access to Ministers and senior bureaucrats; Giving consideration to the role of JOs in the funding and strategic framework; Standardised tools for prioritisation, communication, etc.; and Minimising the devolution of State agency roles to the JO.
Conclusion
Council has the option to evolve its existing Centroc membership into a membership of a Joint Organisation of Councils in Central NSW. This will overcome the ongoing issue of the entity status of Centroc as a Section 355 Committee of Forbes Shire Council.
3 http://www.olg.nsw.gov.au/sites/default/files/Joint%20Organisation%20FAQs_0.pdf 4 http://www.olg.nsw.gov.au/sites/default/files/Joint%20Organisation%20FAQs_0.pdf page 5
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13.04 REQUEST FOR ASSISTANCE – OBERON TIGERS CHANGE ROOMS File No: Recreation & Cultural Services/Event Management/Sporting & Cultural Events/2018 Author: Gary Wallace, General Manager
Summary The Oberon Tigers Rugby League Club Inc. has written to Council requesting assistance with upgrades to the existing change rooms at the Oberon Rugby Leagues Ground.
Recommendation:
That Council investigate the costs of upgrading the change rooms at the Oberon Rugby Leagues Ground and report back to Council in March.
Comment Photos of the existing change rooms at the Oberon Rugby Leagues Ground FOLLOW.
Council is in receipt of correspondence from the Oberon Tigers Rugby Leagues Club indicating that they have met with NSW Country Rugby League who has indicated that the current state of the existing change rooms is not to Group 10 standard.
As a result the Oberon Tigers Rugby Leagues Club (the Club) has indicated in correspondence that the following items are required to be upgraded. They include:
Home Team Shed Floor surface repair - level over cracks and industrial paving paint for hygiene Upgrade lighting - extra 4’ batten lights Replace partitions in showers with water-proof material Paint walls and ceiling (including toilets) (approx. 80 square metres floor area) Replace benches and clothes hooks around parameter of dressing room Create access through to storage room and extra toilets (through existing wall)
Away Team Shed Floor surface repair - level over cracks and industrial paving paint for hygiene Replace old benches and clothes hooks Repaint ceiling Render, level and paint walls Extra lighting (4 x 4’ double battens)
Referees Room Floor surface repair - level over cracks and industrial paving paint for hygiene Repaint walls and ceiling Replace bench seating & clothes hooks
Further, the Club has indicated that should Council purchase the required materials the Club will be willing to undertake the repairs.
The current lease for the Oberon Leagues Ground change rooms indicates that the lessee (the Club) is responsible for the maintenance of the fixtures and fittings associated with the change rooms. The lessor (Council) would be responsible for the other maintenance requirements.
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Given the request it is considered that Council should request a costing for the proposed materials to upgrade the facility from the Technical Services Director in line with the request made and facilitate what monetary contribution would be required by Council to facilitate this request.
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13.05 REQUESTS FOR ASSISTANCE - SENIORS WEEK, INTERNATIONAL WOMENS DAY & OTHR File No: Recreation & Cultural Services/Event Management/Sporting & Cultural Events/2018 Author: Gary Wallace, General Manager
Summary A number of requests have been provided to Council requesting assistance with undertaking community events in the near future. This report seeks to identify funding opportunities for these events.
Recommendation:
That:
1. Council provides $600 to the Burraga Agricultural Bureau to assist in running a Seniors Week Lunch at the Burraga Recreational and Sports Club sourced from general revenue. 2. Council provides a budget of $600 to support International Women’s Day to be sourced from General Revenue 3. Council provide in kind assistance to Oberon Tarana Heritage Railway to supply and return the transportation of a steam traction engine for the OTHR Heritage Transport Rally 2018 to the capped value of $1,000. 4. Council allow the use of its unformed parking area on the corner of Albion and North Streets be used to facilitate the display of vehicles and machinery for the Heritage Transport Rally in 2018 upon the appropriate undertaking of a risk assessment for the event in consultation with Councils Work, Health, Safety and Risk Officer.
Comment FOLLOWING are copies of correspondence from the Oberon Tarana Heritage Railway Inc. (OTHR) and the Burraga Agricultural Bureau seeking support for upcoming events.
BURRAGA AGRICULTURAL BUREAU (BAB)
Council is in receipt of correspondence from BAB seeking support from Oberon Council to conduct a Seniors Week lunch on 8 March 2018. Traditionally Council has supported this activity through dollar for dollar grant funding however this year no funding opportunities were provided. As a result (as with 2017) the BAB propose to host a senior’s lunch and have sought a contribution from Council to assist in running the event. In 2017 Council provided a sum of $600 to assist with running the lunch and the BAB have kindly sought this assistance again.
This event has been previously well received in the Burraga community with many people from the community attending. It is considered that Council should continue to support this initiative and provide the BAB a $600 donation to assist with hosting the 2018 event.
INTERNATIONAL WOMENS DAY (IWD)
International Women's Day (March 8) is a global day celebrating the social, economic, cultural and political achievements of women. The day also marks a call to action for accelerating gender parity. International Women's Day (IWD) has occurred for well over a century, with the first March 8 IWD gathering supported by over a million people in Austria, Denmark, Germany and Switzerland.
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Prior to this the Socialist Party of America, United Kingdom's Suffragists and Suffragettes, and further groups campaigned for women equality.
Previously IWD has been supported through grant funding from the NSW State Government. Over the last few years this funding has not eventuated. This is now the case in 2018. As a result, and in order to facilitate ongoing recognition of IWD it is recommended that a donation of $600 be allocated to IWD from general revenue to support the ongoing event. Previously these events have been well supported by the community and as a result it is considered that the recommendation should be supported again.
HERITAGE TRANSPORT RALLY
Council is in receipt of correspondence from the Oberon Tarana Heritage Railway Inc. (OTHR) seeking assistance from Council for an event they are working on developing in lieu of The Steam Fest which was previously undertaken on a yearly basis. This event known as the Heritage Transport Rally (to be undertaken in conjunction with the Oberon Heritage and Collectors Club) (OHCC) propose to host an event that will consist of showing steam traction engines and heritage vehicle and machinery to be held at the Oberon Railway Station.
In the correspondence OTHR are seeking in-kind assistance from Council to transport a steam traction engine from Mount Victoria to Oberon and return. It is expected that such an in kind cost would be in the vicinity of $1,000.
Additionally, the event organiser’s have asked that as part of the event that Council also allow the parking area on the corner of North and Albion Streets to be used to showcase some of the items. Whilst it is considered that this could be considered by Council, a risk assessment will need to be provided by the organisers mitigating any risk to Council should endorsement follow.
It is considered that all proposals identified in this report be endorsed by Council.
Notes:
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13.06 PROPOSAL - BEN CHIFLEY CATCHMENT STEERING COMMITTEE File No: Environmental Management/Meetings/Catchment Management Authority Author: Gary Wallace, General Manager
Summary This report outlines additional information sought by Oberon Council on behalf of the Ben Chifley Catchment Steering Committee (BCCSC) and requests Council support in programs being undertaken by the Committee
Recommendation:
That:
1. Oberon Council investigate the proposal of Ben Chifley Catchment Steering Committee (BCCSC) for undertaking works to care for Oberon Waterways including the activities outlined in the letter dated 13 February 2018.
2. the General Manager, or his delegate undertake inspections with the BCCSC Coordinator to identify areas of concern and report back to Council a proposed means of funding identified works within the Oberon Local Government Area and the proposed budget
Comment FOLLOWING is correspondence received from the Ben Chifley Catchment Steering Committee Inc. (BCCSC) outlining the current proposal and additional information about the Committee.
The BCCSC was established in the mid 1990s, to “Care for our Waterways” by a number of land care groups within the Ben Chifley Dam Catchment. Bathurst Regional Council (BRC) undertook to support the group and has continued to support the group financially. The group undertakes activities that improve the quality of water in the waterways in the catchment area.
There are a number of waterways originating in the Oberon Council Local Government Area that ends up in Ben Chifley Dam.
Significant works to date have been undertaken within Oberon Council and on Oberon Roads including:
1. willow removal, 2. tree lotting to prevent erosion and soil degradation and 3. stock crossings to remove a. animal faeces from waterways b. turbidity caused by stock crossing streams.
Recent spraying has occurred on Campbell’s River Rd, Beaconsfield Road, Swallows Nest Rd and Burraga Rd for St John’s Wart, Blackberry and Briar. Tussock spraying on Todd’s Rd has also been completed. This season 90km of road in Bathurst and Oberon Council areas has been completed for $3003.00 under BCCSC control.
BCCSC believes it can offer its services to Oberon Council to undertake beneficial works to benefit Oberon waterways in general including:
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a. willow removal along roadsides and in consenting landholders properties b. fencing off areas and planting trees to prevent silting up of waterways and erosion of rural land c. Other works to prevent land degradation and harm to Oberon Waterways
BCCSC is able to obtain considerable cost savings through bulking work together such as excavator hire for a number of jobs and the bulk purchase of fencing.
BCCSC additionally has a dedicated team for cutting willows and poisoning the stumps and small willows.
It is requested that Oberon Council consider tasking BCCSC to specifically to undertake projects or provide a general yearly grant for BCCSC to undertake work as agreed. In this regard willow removal along Oberon Roads has previously been discussed by both Council and BCCSC.
The request made by BCCSC has the ability to increase Councils ability to eradicate weeds within the Catchment Area by using experts to guide the process. It is considered that Council should engage with the BCCSC and outline projects that would be of benefit to both organisations. Upon investigation a further report can be tabled with Council outlining the proposals and likely costs to undertake these initiatives.
Notes:
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“Caring for our Waterways” en B hifley Tim Cox c Catchment Co-ordinator atchment PO Box 2088 c teering Bathurst NSW 2795 s Ph (02) 63371133 ABN 68 150 740 013 Mob. 0427375505 committee E-Mail [email protected]
13th February 2018
Mr Gary Wallace
General Manager
Oberon Council.
Dear Gary,
Ben Chifley Catchment Steering Committee Inc.
The Ben Chifley Catchment Steering Committee Inc. was established in the mid 1990s, to “Care for our Waterways” by a number of land care groups within the Ben Chifley Dam Catchment. Bathurst Regional Council (BRC) undertook to support the group and has continued to support the group financially. The group undertakes activities that improve the quality of water in the waterways in the Catchment area. You will appreciate that there are a number of waterways originating in the Oberon Council area that end up in Ben Chifley dam. Hence significant works to date have been funded by Bathurst Regional Council on ratepayers land in Oberon Council and on Oberon Roads including:
a) willow removal, b) tree lotting to prevent erosion and soil degradation and c) stock crossings to remove 1) animal faeces from waterways 2) turbidity caused by stock crossing streams.
Recent spraying has occurred on Campbell’s River Rd, Beaconsfield Road, Swallows Nest Rd and Burraga Rd for St John’s Wart, Blackberry and Briar. Tussock spraying on Todds Rd has also been done. This season 90 KM of road in Bathurst and Oberon Council areas has been done for $3003.00.
BCCSC believes it can offer its services to Oberon Council to undertake beneficial works to benefit Oberon waterways general including:
a) willow removal along roadsides and in consenting landholders properties
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Page 79 b) fencing off areas and planting trees to prevent silting up of waterways and erosion of rural land c) Other works to prevent land degradation and harm to Oberon Waterways
BCCSC is able to obtain considerable cost savings by bulking work together such as excavator hire for a number of jobs and the bulk purchase of fencing. We also have a dedicated team for Cutting willows and poisoning the stumps and small willows. BCCSC knows these rates it obtains are highly competitive. In undertaking the work we obtain direct quotes and I project manage at a rate of $65.00 per hour. In the overall scheme of things this is relatively minor cost. For instance for a 5 day willow removal project the excavator hire including operator is approximately $5,600.00, the chainsaw work and spraying/painting the stumps and suckers with Glyphosate 360 costs about $1,800.00 and my time cost is $590.00. No on cost or admin is charged on top of the contractor pricing. Similarly where landholders undertake tree and bush establishment to prevent soil run off/erosion into the waterways a bulk purchase of trees and fencing occurs. Trees are mostly purchased from Oberon Plateau Farm Trees on the Mozart Rd.
Oberon Council can task BCCSC specifically to undertake projects or it can provide a general yearly grant for BCCSC to undertake work as agreed. For instance Willow removal along Oberon Roads has been discussed. Originally it was contemplated that roads within Oberon Council area would be inspected jointly by Jill O’Grady as the Upper Macquarie County Council Oberon area Weeds Officer and me. As you are aware Jill has left the Upper Macquarie County Council so Oberon may like to nominate another person to conduct joint inspections with me if Council resolves to move ahead on this proposal.
I am available to meet with you, Council staff and Councillors to explain in greater detail what BCCSC does and the services it can provide to Oberon and its landholders.
Yours Sincerely,
Tim Cox.
BCCSC Co coordinator.
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Page 80 Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
13.07 DOG ROCKS ROAD – COMPULSORY ACQUSITION OF FORESTRY CORPORATION NSW LAND File No: Roads/Maintenance/Roads Author: Works & Engineering Director, Chris Schumacher
Summary This report is to further the Compulsory Acquisition process requirements seeking Ministerial approval from the Minister for Lands for the transfer of 1.055Ha of land referenced as Lot 101 DP 1235365, Forestry Corporation NSW to Oberon Councils as part of the unexpected Naturally Occurring Asbestos issue at Dog Rocks Road, January 2016.
Recommendation
That:
1. Council authorise the compulsory acquisition of the land shown within the attached Deposited Plan (DP 1235365) Lot 101 1.055Ha to be purchased and consolidate into the existing Dog Rocks Road as additional Road Reserve.
2. Council authorise an application to be made to the Minister for the Compulsory Acquisition of the land.
3. Council agree to the terms and conditions of the ‘Memorandum of Understanding’ between the Forestry Corporation of New South Wales and Oberon Council dated 23 December 2016.
4. That the General Manager be duly authorised to execute legal documents on Councils behalf for the purchase and transfer of this compulsory land acquisition.
5. Oberon Council pay Forestry Corporation NSW the amount of $2,900.00 for the transfer of land to Oberon Council, in accordance with the licenced valuation completed by Opteon 22 March 2017.
Comment
ATTACHED is a diagram outlining the location of the compulsory land acquisition and a copy of the independent valuation completed for the parcel of land.
In January 2016, Council were accidently made aware of the discovery of Naturally Occurring asbestos on a 2.9km road project south east of Rockley.
Since the announcement and discovery of unexpected Naturally Occurring Asbestos (NOA) at Dog Rocks Road, staff worked closely with the Environment Protection Authority (EPA) and Safe Work NSW in relation to seeking an amicable solution to progressing the safe clean up of the NOA materials. During this period a number of awareness training sessions with staff were undertaken respect to due diligence in trying to deal with the asbestos whilst also providing the necessary awareness training for our employees.
During the process of trying to limit exposure to Council and excessive cost burdens with the expense to clean up this material, staff sought to acquire 1.055Ha of land from Forestry Corporation NSW in an effort to bury and contain the NOA material within the new land being sort from Forestry Corporation NSW.
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Agreement was gained and approval provided by the Environment Protection authority after a lengthy discussion to proceed burying the material at the nearby site would limit risk and exposure to the public, rather then being required to transfer to the NOA to the only licenced waste Facility at Lowes Mount Road Oberon.
In an effort to facilitate the works immediately discussions with Forestry Corporation seen the development of a ‘Memorandum of Understanding’ (MOU), to fast track safest way of engaging the Contractor clean-up to commence, whilst also complying with the EPA Notice of Clean-up conditions imposed.
Subject to the MOU with Forestry Corporation, Council engaged the services of licenced land valuer, Opteon Group to provide a report on the net value of the land, copy of the Opteon report as attachment to this report.
As advised by Council Legal representatives McIntosh McPhillamy & Co, Council is required to formally adopt the resolution recommendations (Items 1 through 4) to allow the submission of the application to the Minister for Lands seeking formal concurrence for the land acquisition matter to proceed.
Notes:
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Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90
28 March 2017
Chris Schumacher Oberon Council 137-139 Oberon Street OBERON NSW 2787
Dear Chris, Re: Proposed Lot 101 Dog Rocks Road, Dog Rocks, New South Wales
In accordance with agreed instructions please find attached a copy of our valuation report for the property for prepurchase advice purposes.
Please note this format does not meet Practice Standards for valuations for mortgage/finance purposes and is specifically not suitable for this purpose.
Thank you for engaging Opteon Property Group (OPG) to provide you with professional, independent property advice. OPG is Australia’s largest national provider of market-leading valuation and property advice. We work closely with our clients to deliver innovative property solutions.
Whether for residential, commercial, industrial, retail, hospitality, or rural property or agribusiness, plant and equipment, quantity surveying or tax depreciation specialised property advice, OPG will help to make value visible anywhere in Australia.
We would appreciate the opportunity to be of service to you again. Please do not hesitate to contact us for further information or advice.
Kind regards,
Phillip Humphreys Valuer AAPI CPV API No: 69098
Opteon Property Group Opteon (Central West NSW) Pty Ltd ABN 50 606 224 677 293 Stewart Street, Bathurst NSW 2795 P (02) 6331 7805 E [email protected] F (02) 6362 5116 W www.opg.net
VALUE MADE VISIBLE Liability limited by a scheme approved under Professional Standards Legislation
Page 91
Valuation Report
Proposed Lot 101 Dog Rocks Road Dog Rocks, New South Wales 2795 File Ref: 7803034
Page 92
VALUATION REPORT
Proposed Lot 101 Dog Rocks Road Dog Rocks, New South Wales 2795 Prepared For Oberon Council Report Purpose Prepurchase advice purposes Valuation Date 22 March 2017 Our Reference 7803034 Client Reference Purchase Order: 50347
Opteon Property Group Opteon (Central West NSW) Pty Ltd ABN 50 606 224 677 293 Stewart Street, Bathurst NSW 2795 P (02) 6331 7805 E [email protected] F (02) 6362 5116 W www.opg.net
VALUE MADE VISIBLE Liability limited by a scheme approved under Professional Standards Legislation
Page 93 Proposed Lot 101 Dog Rocks Road Dog Rocks, NSW 2795 Our Reference: 7803034 1.0 Valuation Summary 1.1 Instructions Instructing Party Mr. Chris Schumacher, Engineering and Works Director, Oberon Council Client / Authorised Party Oberon Council Client Reference Purchase Order: 50347 Valuation Purpose Prepurchase advice purposes - Please note, this report does not meet Practice Standards for valuations for mortgage/finance purposes and is specifically not suitable for this purpose.
1.2 Property Details Property Address Proposed Lot 101 Dog Rocks Road, Dog Rocks, New South Wales 2795 Property Description The land subject to this valuation comprises a proposed vacant irregular shaped parcel of land with a total land area of 1.055 ha. The land currently forms part of the Dog Rocks State Forest. Title Reference Proposed Lot 101 of Lot 171 Deposited Plan 757054 Tenure Type Freehold Encumbrances None disclosed or evident. Please notify valuer if search reveals otherwise Zoning RU3 (Forestry)
1.3 Assumptions and Recommendations
Key Assumptions The instructions and information supplied contain a full disclosure of all information that is relevant; Our valuation has been prepared on the basis that the proposed lot does not have building permission Our valuation assumes the property can be utilised for alternative agricultural uses apart from forestry uses. Recommended Documents None recommended to Sight
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Page 94 Proposed Lot 101 Dog Rocks Road Dog Rocks, NSW 2795 Our Reference: 7803034
1.4 Valuation Details Market Value As If $2,900 (Two Thousand, Nine Hundred Dollars) Complete
Interest Valued Fee simple vacant possession Date of Inspection 22 March 2017 Date of Valuation 22 March 2017 Date Issued 28 March 2017 Currency of Valuation 90 days from the date of valuation, or such earlier date if you become aware of any factors that have any effect on the valuation. Pecuniary Interest We confirm that the valuer does not have any pecuniary interest that would conflict with the proper valuation of the property.
Signatories
Phillip Humphreys Valuer AAPI CPV API No: 69098 Inspecting Valuer
Important This Executive Summary must be read in conjunction with the remainder of this report. The Executive Summary is only a synopsis designed to provide a brief overview and must not be acted upon in isolation to the contents of the valuation report.
Third Party Disclaimer This report has been prepared for the private and confidential use of our client, Oberon Council for the specified purpose. It should not be reproduced in whole or part without the express written authority of Opteon (Central West NSW) Pty Ltd or relied upon by any other party for any purpose and the valuer shall not have any liability to any party who does so. Our warning is registered here, that any party, other than those specifically named in this paragraph should obtain their own valuation before acting in any way in respect of the subject property.
Digital Copies of Reports Where a report has been provided in digital copy and has not been received directly via our firm, the report contents, especially the valuations and critical assumptions, should be verified by contacting the issuing office to ensure the contents are bona fide. In particular if the reader of this report has suspicions that the report appears to be tampered or altered then we recommend the reader contact the issuing office.
Reliance on Whole Report This valuation should be read in its entirety, inclusive of any summary and annexures. The valuer and valuation firm does not accept any responsibility where part of this report has been relied upon without reference to the full context of the valuation report.
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Page 95 Proposed Lot 101 Dog Rocks Road Dog Rocks, NSW 2795 Our Reference: 7803034
2.0 Location The subject property is situated on the south western side of Dog Rocks Road within the rural locality of Dog Rocks. The Bathurst Central Business District is about 48 kilometres to the north whilst the Oberon Town Centre is about 41 kilometres to the east.
The subject property is located in a well-established rural district comprising predominantly rural properties of varying sizes and the Dog Rocks State Forest. Location Map
3.0 Planning Local Government Area Oberon Council Planning Scheme Oberon LEP 2013 Current Zoning RU3 (Forestry) Existing Use Rural Zoning Effect Zoning is restrictive with limited permitted uses. Heritage Issues Not applicable
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Page 96 Proposed Lot 101 Dog Rocks Road Dog Rocks, NSW 2795 Our Reference: 7803034 4.0 Site Site Area Approximately 1.0550 ha Topography Irregular shaped inside allotment that is generally level throughout with a slight slope down to the rear. Access The subject is located on the south western side of the road, having good sealed road access with open drains. Identification Plan of Subdivision
4.1 Services Services The property is not currently connected to services.
5.0 Improvements The land subject to this valuation is vacant and devoid of significant improvements.
6.0 Photography
General view of land General view of land
7.0 Environmental Issues Environmental Issues None apparent.
8.0 General Comments We have been instructed to assess the market value of the proposed 1.055 ha site (Proposed Lot 101) which currently forms part of the Dog Rocks State Forest for proposed purchase purposes.
The valuation assessment has been prepared under instruction from Mr. Chris Schumacher, Engineering and Works Director, Oberon Council.
Our valuation assumes the issue of clear and unencumbered title for the proposed lot as detailed in the provided plan of subdivision which is attached to the rear of this report.
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Page 97 Proposed Lot 101 Dog Rocks Road Dog Rocks, NSW 2795 Our Reference: 7803034 9.0 Market Evidence
9.1 Sales Evidence In forming our opinion of value we have had regard to various sales transactions, a selection of which are detailed below. Address Sale Date Sale Price
70 Connection Road, Isabella, New South Wales 10-Jun-16 $420,000
Brief Description The property comprises an average quality, circa 1970 built, detached single storey dwelling, of vinyl clad construction, with a corrugated galvanised iron roof. Accommodation comprises 3 bedrooms, 1 bathroom, entry/foyer, hallway, kitchen, lounge, dining, family room, study/bedroom, laundry, patio, porch and detached garage/carport for 3 vehicles. Ancillary items include clothes line, rain water tanks, colorbond shed, older style shed, established gardens, full boundary fencing, gravel driveway and concrete paving. Site area 247.630 ha. Sale analyses to $1,131/ha excluding structures.
Comparison to Subject On balance, considered inferior to the subject property on a $/ha basis.
3521 Arkstone Road, Burraga, New South Wales 27-Jun-16 $286,000
Brief Description The property comprises a circa 1990 built, detached single storey dwelling, of timber construction, with a timber roof. Accommodation comprises 4 bedrooms, 1 bathroom, entry, hallway, kitchen/meals/living, verandah, pergola, separate toilet and off street parking. Ancillary items include garden shed, solar panels, clothes line, rain water tanks and full boundary fencing. Site area 53.31 ha. Sale analyses to $3,751/ha excluding structures.
Comparison to Subject On balance, considered superior to the subject property on a $/ha basis.
Aliwal, Gilmandyke Road, Gilmandyke, New South Wales 22-Sep-15 $1,900,000
Brief Description The property comprises grazing property with a total land area of approximately 590.70 ha. Improvements on the property include two dwellings, shearing shed, machinery and hay shed. Sale analyses to $2,738/ha excluding structures.
Comparison to Subject On balance, considered comparable to the subject property on a $/ha basis.
10.0 Valuation Methodology Methodology Comment The most appropriate method of valuation for a property of this nature is direct market comparison whereby the subject property is compared with sales of comparable properties and adjustments made for points of difference.
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Page 98 Proposed Lot 101 Dog Rocks Road Dog Rocks, NSW 2795 Our Reference: 7803034 11.0 Valuation 11.1 Market Value - As If Complete Market Value $2,900 (Two Thousand, Nine Hundred dollars)
Interest Valued Fee simple vacant possession Date of Inspection 22 March 2017 Date of Valuation 22 March 2017 Date Issued 28 March 2017
Signatories
Phillip Humphreys Valuer AAPI CPV API No: 69098 Inspecting Valuer
Important This valuation is subject to the definitions, qualifications and disclaimers and other comments contained within this report.
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Page 99 Proposed Lot 101 Dog Rocks Road Dog Rocks, NSW 2795 Our Reference: 7803034 12.0 Assumptions, Conditions and Limitations Condition/Structural This report is not a condition or structural survey and no advice is given in any way relating to condition or Disclaimer structural matters. Any opinion given as to the condition of the structure or improvements on the property is not given in the capacity as an expert. A condition or structural report on the building and/or its plant and equipment has not been sighted, and nor have we inspected unexposed or inaccessible portions of the premises. Therefore we cannot comment on the structural integrity, any defects, rot or infestation (or damage from pest infestation) of the improvements , any use of asbestos or other materials now considered hazardous or areas of non-compliance with the Building Code of Australia, other than matters which are obvious and which are noted within this report. This valuation assumes the building is structurally sound; that building services are adequate and appropriately maintained; the building complies with applicable Council, building, fire, health and/or safety regulations, laws, rules, licences, permits, rulings and/or bylaws; and is free of asbestos or other defects, unless specified otherwise. Should an expert’s report establish that there are any defects of this kind then we reserve the right to review this valuation.
Digital Copies of Reports Where a report has been provided in digital copy and has not been received directly via our firm, the report contents, especially the valuations and critical assumptions, should be verified by contacting the issuing office to ensure the contents are bona fide. In particular if the reader of this report has suspicions that the report appears to be tampered or altered then we recommend the reader contact the issuing office.
Environmental Disclaimer This report is not an environmental audit and no advice is given in any way relating to environmental matters. Any comment given as to environmental factors in relation to the property are not given in the capacity as an expert. This assessment of value (unless specified otherwise) is made on the basis that the property is free of contamination or environmental issues affecting the property not made known to the valuer. In the event the property is found to contain contamination the matter should be referred to this office for comment. Given contamination issues can have a significant impact on the Market Value of the property, we reserve the right to review and if necessary vary our valuation if any contamination or other environmental hazard is found to exist.
Full Disclosure Disclaimer Whilst we have attempted to confirm the veracity of information supplied, the scope of work did not extend to verification of all information supplied or due diligence. Our valuation and report has been prepared on the assumption the instructions and information supplied has been provided in good faith, is not in any way misleading or deceptive, contains a full disclosure of all information that is relevant, and that there are no undisclosed agreements in place that affect the property. The valuer and valuation firm does not accept any responsibility or liability whatsoever in the event the valuer has been provided with insufficient, false or misleading information.
Future Value Any comments are made in relation to future values are based on general knowledge and information currently available. These comments should not be construed as a prediction of future value levels or a warranty of future performance as the property market is susceptible to potential rapid and unexpected change caused by multiple factors. Ultimately current expectations as to trends in property values may not prove to be accurate. Due to possible changes in the property market, economic conditions, occupancy status and property specific factors, we recommend the value of the property be reassessed at regular intervals.
Geotechnical Assumption We have not sighted a geotechnical engineers’ survey of the property. We are not experts in the field of civil or geotechnical engineering and we are therefore unable to comment as to the geotechnical integrity of the ground and soil conditions. It is specifically assumed that there are no adverse geotechnical conditions that compromise the utility of the property for the current or highest and best use. In the event there is found to be adverse ground conditions we recommend the matter be referred to this Company for comment.
GST Valuations of residential property are undertaken on the basis that GST is not applicable. This valuation is prepared on the assumption that the subject property does not constitute a ‘new residential premises’ as defined under ATO Ruling GSTR 2003/3. Further it is assumed that the subject property will transact as a residential property between parties not registered (and not required to be registered) for GST. The market valuation herein reflects a market transaction to which GST may not be applicable. The client should satisfy themselves of the GST position of the parties involved.
Heritage Disclaimer Our valuation has been assessed having regard to the nature of any buildings on the property and any known heritage listings. However we have not obtained formal confirmation of heritage listings beyond what is available in the public domain and identified in this report. Our valuation assumes, unless otherwise specified, that any heritage issues (including Aboriginal) do not impact on the continued and/or highest and best use of the property. If there is doubt in relation to such issues we recommend written application be made to the relevant authorities.
Inconsistencies in If there is found to be any variance, inconsistency or contradiction in any of the above assumptions then there Assumptions may be a variation in the valuation assessed.
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Page 100 Proposed Lot 101 Dog Rocks Road Dog Rocks, NSW 2795 Our Reference: 7803034
Information Availability In preparing this valuation we have undertaken those investigations reasonably expected of a professional (Market Evidence) valuer having regard to normal industry practice so as to obtain the most relevant, available, comparable market evidence. Whilst we believe the market evidence information and any other information provided to be accurate, not all details can and have been formally verified. Due to privacy laws, confidentiality agreements and other circumstances beyond our control, the valuer may not have had access to: personal details of parties involved in transactions (including the relationship of the parties); information on recent transactions that are yet to become public knowledge; and copies of leases or contracts to confirm rents or prices and to ascertain whether or not rents or prices are inclusive or exclusive of GST.
Land and Building Area In the event actual surveyed areas of the property are different to the areas adopted in this valuation the Disclaimer survey should be referred to the valuer for comment on any valuation implications. We reserve the right to amend our valuation in the event that a formal survey of areas differs from those detailed in this report.
Market Change Disclaimer This valuation is current as at the Date of Valuation only. The value assessed herein may change significantly and unexpectedly over a relatively short period (including as a result of general market movements or factors specific to the particular property). We do not accept liability for losses arising from such subsequent changes in value. Without limiting the generality of the above comment, we do not assume any responsibility or accept any liability where this valuation is relied upon after the expiration of 90 days from the date of the valuation, or such earlier date if you become aware of any factors that have any effect on the valuation. We recommend the valuation be reviewed at regular intervals.
Market Value The estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.
Native Title Assumption We are not experts in native title or the property rights derived there from and have not been supplied with appropriate expert advice or reports. Therefore, this valuation is made assuming there are no actual or potential native title interests affecting the value or marketability of the property.
Planning Disclaimer Town planning and zoning information was informally obtained from the relevant local and State Government authorities and is assumed to be correct. This information does not constitute a formal zoning certificate. Should the addressee require formal confirmation of planning issues then we recommend written application be made to the relevant authorities to obtain appropriate current zoning certificates.
Professional Standards Our valuation has been assessed in accordance with applicable International Valuation Applications and Technical Information Papers of the International Valuation Standards Committee and the Australian Property Institute Practice Standards and Guidance Notes.
Publication of Report The publication of the valuation or report in whole or any part, or any reference thereto, or the names and professional affiliations of the valuers is prohibited without the prior written approval of the valuer as to the form and context in which it is to appear.
Reliance on Whole Report This valuation should be read in its entirety, inclusive of any summary and annexures. The valuer and valuation firm does not accept any responsibility where part of this report has been relied upon without reference to the full context of the valuation report.
Scope of Work Undertaken The scope of work undertaken by the valuer in completing the valuation has included: Collation of information from relevant parties regarding the subject property; Undertaking our own research regarding the subject property; An inspection of the property and measurement of buildings where required; Undertaking market research in terms of values and/or costs of similar properties; Preparation of valuation calculations; and Preparation of this report.
Site Survey Disclaimer This report is not a site survey and no advice is given in any way relating to survey matters. Any comments given in relation to the property are not given in the capacity as an expert, however, are based on our inspection of the property and review of the Certificate of Title plans. Should the addressee require absolute certainty in relation to site area, dimensions or possible encroachments we recommend that a surveyor be engaged to provide appropriate advice and a survey of the property if considered necessary. In the event there are any fundamental inconsistencies between any site survey undertaken and site detail adopted in this valuation, the survey should be referred to the valuer for comment on any valuation implications (including amendment of our valuation if considered necessary).
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Page 101 Proposed Lot 101 Dog Rocks Road Dog Rocks, NSW 2795 Our Reference: 7803034
Third Party Disclaimer This report has been prepared for the private and confidential use of our client, Oberon Council for the specified purpose. It should not be reproduced in whole or part; or any reference thereto; or to the valuation figures contained herein; or to the names and professional affiliation of the Valuer(s) without the express written authority of Opteon (Central West NSW) Pty Ltd or relied upon by any other party for any purpose and the valuer shall not have any liability to any party who does so. Our warning is registered here, that any party, other than those specifically named in this paragraph should obtain their own valuation before acting in any way in respect of the subject property.
Title Assumption Our valuation assumes the property would be offered for sale subject to encumbrances noted on the Title but otherwise unencumbered by mortgages, caveats, or priority notices etc which would prevent transfer of the property.
Unregistered Instruments If there are any encumbrances, encroachments, restrictions, leases or covenants which are not noted in this report, they may affect the assessment of value. If any such matters are known or discovered, we should be advised and asked as to whether they affect our assessment of value.
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Page 102 Proposed, Lot 101 Dog Rocks Road Dog Rocks, NSW 2795 Our Reference: 7803034
APPENDIX 1
INSTRUCTIONS
Opteon Property Group | VALUE MADE VISIBLE
Page 103 Phillip Humphreys
From: Chris Schumacher
Hi Phil,
Speaking with Tegan this morning I have sent this email attachment for your review. Please give me a call regarding this e-mail and the attachment. I need a valuation of the area of land marked (Lot 101 – 1.055Ha) in the attached plan. I will be purchasing this land from ForestryNSW and incorporating it into the general Road Reserve of Dog Rocks Road. The parcel of land is located 18.5km from the Black Springs intersection toward Rockley, if that helps any?
Talk soon.
Regards
Chris Schumacher Works & Engineering Director 02 6329 8127 Direct 0407 214 534 Mobile [email protected] www.oberon.nsw.gov.au
Please consider the environment before printing this email
From: Admin . [ mailto:[email protected] ] Sent: Tuesday, 7 March 2017 7:53 AM To: Chris Schumacher Subject: Dog Rocks
Hi Chris,
Please find attached a draft plan for the road resumption at Dog Rocks, we just have to mark a couple of boundaries to finish the job, but the areas will stay the same, so you should be able to use this plan to start the acquisition.
I will get the final to you in about a week.
Regards, Chris.
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Page 104 Proposed, Lot 101 Dog Rocks Road Dog Rocks, NSW 2795 Our Reference: 7803034
APPENDIX 2
PLAN OF SUBDIVISION
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Page 105 Page 106 Page 107 Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
13.08 BAILEYS LANE – POTENTIAL CONSTRUCTION File No: R57 Author: Gary Wallace, General Manager
Summary Council has received correspondence from a landowner off Baileys Lane looking for Council consideration to undertake works to complete the formation of Baileys Lane linking it to Adams Lane.
Recommendation:
That: 1. Councils Technical Services Director undertake a formal investigation on the costs and benefits associated with the construction of Baileys Lane that is a Council Public Road and currently unformed. 2. A further report be brought back to Council outlining all options associated with the construction of a through road on Baileys Lane.
Comment The correspondence from the landowner FOLLOWS this report seeking Councils clarification on the development of Baileys Lane. Further, copies of survey plans of the unformed section of Baileys Lane FOLLOW.
Survey and investigations relating to the unformed section of Baileys Lane was completed during December 2016. The survey identified that the road traverses through a private land holding being Lot 152 in DP 757042 and Lot 2 in DP 827233, Parish of Blenheim County of Westmoreland, and is approximately 863 metres in length.
History
In the late 1800’s and early 1900’s Baileys Lane was a through road connecting local farmers with Tarana Station and was used to transport their produce to various markets. With the advent of local rail services in the 1920’s the lane became less used eventually servicing just one or two large properties in the area. As Oberon grew and more development came to the route of Baileys Lane more families settled the area north of the Fish River.
During severe floods those families were cut off from civilisation. Today six properties have been developed and there are now a minimum of 15 - 20 private vehicle movements per day along the northern side of the Fish River and other such as service vehicle movements.
Council has previously objected to the road being closed and has undertaken the appropriate process to have the road declared a Council Public Road. As such Council is the owner of this portion of land.
A request has now been made with Council to look at the options of constructing the residual of Baileys Lane given the number of activities that occur on the road, the additional number of residents on the road and the encumbrances on the road during time s of wet weather and flood.
The letter contends that the construction of Baileys Lane would provide a positive impact in the locality and should be considered by Council.
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Currently Baileys Lane does not sit within the Council Matrix for upgrade or formation and little work has been undertaken to consider the costs of undertaking this activity.
It is considered that the best option in this case would be for a complete estimate of cost be undertaken by Council Technical Services Director looking at the costs and benefits of undertaking such a job. Additionally, in this investigation is considered that the TSD also look at all options available to Council in trying to facilitate an outcome to the concerns raised within the correspondence.
It is considered that the recommendation be endorsed by Council.
Notes:
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Page 110 CENTRAL WEST SURVEYING PTY LTD PO Box 938 BATHURST NSW 2795 Telephone No: 02 6332 1117 ABN: 18 130 640 621
Reference: 16209
15th December, 2016
Oberon Council PO Box 84 OBERON NSW 2787
Dear Sir,
RE: RESERVED ROAD OFF BAILEYS LANE
This survey has been undertaken as per your instructions. The report pertains to the reserved road through Lot 152 in DP 757042 and Lot 2 in DP 827233 Parish of Blenheim County of Westmoreland.
Corners have been marked as shown on the attached sketch plan.
The metal shed located on Lot 2 in DP 827233 stands up to 1.6 metres on to the Reserved Road as shown on the attached sketch plan.
The silo located on Lot 2 in DP 827233 stands upon the Reserved Road as shown on the attached sketch plan.
Fencing is as shown on the attached sketch plan.
PARTICULARS OF PROPERTY
LGA: Oberon Parish: Blenheim County: Westmoreland Description: Reserved road through Lot 152 in DP 757042 and Lot 2 in DP 827233
Yours Faithfully
Nicole F. Vollebergh Registered Surveyor NSW
Page 111 SKETCH PLAN
CENTRAL WEST SURVEYING PTY LTD PO BOX 938 BATHURST
DATE: 13.12.2016
REFERENCE: 16209
Page 112 Page 113 Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
13.09 OBERON RUGBY LEAGUES CLUB – WATER MAIN RENEWAL File No: Recreation/Maintenance/Sporting Facilities Author: Technical Services Director, Chris Schumacher
Summary This report highlights the on-going operational concerns associated with the aging 50mm water line service that currently feeds into the Oberon Rugby League ground to service the irrigation of the No.1 field.
Recommendation
That:
1. Council commit $33,000 from the Town Improvement reserves to replace the existing internal Rugby League Club sports field water main.
2. Council commit $5,000 from the Town Improvement reserves for purchase of an additional ‘Travelling Irrigator’.
Comment – FOLLOWING is a quotation for purchase of an additional Travelling Irrigator & sketch diagram for new water main service line.
Ongoing aging infrastructure issues continue to plague the existing inadequate single 50mm poly pipe water line that has been in existence for several years.
The pipe line in service has only the integrity of an agricultural poly pipe, rated preferentially for pump pressurised units and not of suitable calibre for high pressure water mains 100 to 150mm diameter feeding off a town water reticulation system. The problems being experienced with the poly pipe line is because of its age and that it is not suitably rated for the pressure and most probably will continue to break under the irregular water main pressures. I.e. Peak and Low flow water demand usage patterns.
The existing 50mm poly water main is connected to the Lowes Mount Road town 100mm diameter water reticulation line and enters the Rugby League Ground and traverses under the centre of the playing field to the eastern side where a water sprinkler irrigator connection point has been provided. There is also a secondary water sprinkler connection point for the No. 2 field at the back of the Oberon Rugby League Club, however only one field can be watered at a time subject of the inadequate water pressure from the 50mm water service.
Further investigation associated with the construction of new water main recommends that a new 100mm PVC water main be constructed along the northern end of the No.1 playing field feeding from Lowes Mount Road and be extended further to feed the No 2. Playing field at the rear of the Oberon Rugby League Club. It is further proposed that two (2) 50mm high pressure pipe lines connect to this new 100mm water main to provide individual water line feeds down the side line of each field. This will allow adequate pressures to facilitate the watering of both fields at the same time with no pressure problems. See attached sketch diagram
Inadequate performing water mains pressure for the Rugby Leagues Club fire fighting requirements has been an issue. Should a new water main be constructed, mains pressure at the club hydrants would be boosted.
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The cost to complete the new water main installation, stop valves and associated infrastructure fittings has been costed at $33,000. It is estimated that the project would take approx. 5 to 7 days to install and commission.
Should approval for the new pipe line construction proceed, and additional ‘Travelling Irrigator’ is suggested to be purchased so that both fields can be watered at any one time. The cost for purchase of new Travelling Irrigator is $5,000, quotation following this report.
Should the current 50mm poly pipe water main not be renewed, water breakages will continue and the ability to properly provide water for the playing fields will remain inadequate.
Notes:
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Page 116 Page 117 Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
13.10 PROPOSED CROWN ROAD CLOSURES File No: Roads/RCl/Perm Author: Chris Schumacher, Technical Services Director
Summary Council has received notification of the intent to close a Crown Road within the Oberon Local Government Area.
Recommendation:
That Council has no objection to the closure of this section of Crown Road, File ref: 13/15854 provided that no properties are left without legal and practical access.
Comment FOLLOWING is a copy of the plan of the proposed closure.
The NSW Department of Primary Industry-Lands have advertised the proposed closure of a section of Crown Road within the Westmoreland area (File ref: 13/15854) in the Oberon Review on 14 December 2017. DPI Lands have further advised all neighbouring landholders in writing of the proposed closure. This provides the opportunity for affected landholders to lodge an objection.
Crown roads, sometimes known as crown paper roads, are roads which have never been dedicated, and are therefore not controlled or maintained by council. In most cases there is no physical carriageway, or if there is it is used only by the adjoining landowner as an internal track. It is usually the adjoining landowner who applies for any such closures.
The location of the proposed closure has been checked. Council has no interest in this Crown road reserve, and will not be affected by its closure. If any nearby landowners believe they will be adversely affected, they have the opportunity to object directly to Department of Primary Industry- Lands.
Notes:
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Case Officer: RCAREY Date: 22/11/2017 File ref: 13/15854 Proposed Closure of Public Roads Cluster 591786 20 DP757045 30 DP757045 LGA: OBERON 35 LOCALITY : GINGKIN DP757045 39 DP757045 PARISH : BULGARRES
COUNTY : WESTMORELAND Legend
MARK DANIEL LYNCH BRADLEY PETER DAVID BALLARD
ANTHONY BRETT BAILEY KAREN CHRISTINA BAILEY 21 DP757045 BEUNG PTY. LIMITED
22 GLENN GEOFFREY ARMSTRONG DP757045 39 DP757045 ROBERT JAMES LINDFIELD HUGHES 1 DP757045 STEPHEN JOHN LATHAM BRONWYN ANNE MCGILL
TERENCE EDWARD JAMES BEHAN TROY GARRY BEHAN
64 DP757045 CROWN ROADS UNDER APPLICATION & PROPOSED FOR CLOSURE
CROWN ROADS NO APPLICATION & PROPOSED FOR CLOSURE
9 DP757045 10 DP1137258 291 9 DP1208829 DP1137258 W526055 9 DP1137258
96 DP757045
5 ± DP820933 KEIT 0 80 160 320 480 640 H ARM STRO Metres NG RD 8 DP1137258 60 DP757045 292 DP1208829 95 DP757045
Disclaimer: The information contained in this map has been provided in good faith. Whilst all effort has been made to ensure the accuracy and completeness of this information, the data providers take no responsibility for errors or omissions nor any loss or damage that may result from the use of this information. Copyright: NSW Department of Industry - Lands & Forestry, 2017 Page 119 Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
13.11 OFFICE OF LOCAL GOVERNMENT DRAFT MODEL CODE OF MEETING PRACTICE FOR LOCAL COUNCILS IN NSW File No: Governance/Meetings/Ordinary Author: Gary Wallace, General Manager
Summary This report seeks Councils endorsement to prepare a response to the NSW State Government in relation to the draft Model Code of Meeting Practice for Local Councils in NSW.
Recommendation
That Councillors provide feedback to the General Manager for inclusion in a submission in relation to the draft Model Code of Meeting Practice for Local Councils in NSW.
Comment The Office of Local Government has provided a circular to councils (circular no 17-40) in relation to the draft Model Code of Meeting Practice for Local Councils in NSW.
A copy of the consultation draft of the Model Meeting Code of Meeting Practice is provided as a separate ATTACHMENT.
Amendments made to the Local Government Act 1993 (the Act) in August last year by the Local Government Amendment (Governance and Planning) Act 2016 provide for a model code of meeting practice to be prescribed by regulation.
The Office of Local Government (OLG) is consulting with councils and other stakeholders on the new Model Code of Meeting Practice for Local Councils in NSW (Model Meeting Code). Once this is finalised, it will replace the meeting rules currently prescribed in the Local Government (General) Regulation 2005 (the Regulation).
The Model Meeting Code has two elements:
It contains mandatory provisions (indicated in black font) that reflect the existing meetings provisions of the Act and adapt those currently contained in the Regulation. The existing meetings provisions of the Regulation have been updated and supplemented to reflect contemporary meetings practice by councils and to address ambiguities and areas of confusion in the existing provisions based on feedback from councils.
It contains non-mandatory provisions (indicated in red font) that cover areas of meetings practice that are common to most councils but where there may be a need for some variation in practice between councils based on local circumstances. The non-mandatory provisions will also operate to set a benchmark based on what OLG sees as being best practice for the relevant area of practice.
The Model Meeting Code has been designed to achieve a range of outcomes, namely:
promoting, as the principal object of meetings, the making of decisions by the governing bodies of councils that are in the best interests of the council and the community as a whole promoting more accessible, orderly, effective and efficient meetings and to provide councils with the tools to achieve these outcomes
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prescribing principles to inform the way in which meetings are conducted and to prescribe meeting rules that are consistent with these principles codifying areas of common practice across councils in a way that is clear, efficient, leads to better informed and more effective decision making and that is consistent with the requirements of the Act promoting greater consistency between councils across the state in key areas of meetings practice without losing the ability to allow some variation in practice to meet local needs or expectations allowing greater flexibility in the conduct of meetings to accommodate a range of potential scenarios that are not addressed by the current meeting rules simplifying the language currently used to make the prescribed meeting rules more accessible and easier to understand modernising the rules to accommodate current and emerging technologies (e.g. electronic notice, electronic voting systems and webcasting).
Submissions can be made by email to [email protected]. Submissions should be labelled “Model Meeting Code Consultation” and marked to the attention of OLG’s Council Governance Team. Submissions should be made by COB Friday 16 March 2018.
Notes:
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13.12 PROPOSED COUNCILLOR INDUCTION AND PROFESSIONAL DEVELOPMENT GUIDELINES File No: Governance/Meetings/Ordinary Author: Gary Wallace, General Manager
Summary This report seeks Councils endorsement to prepare a response to the NSW State Government in relation to the proposed Councillor Induction and Professional Development Guidelines currently on public exhibition.
Recommendation
That Councillors provide feedback to the General Manager for inclusion in a submission in relation to the proposed Councillor Induction and Professional Development Guidelines.
Comment The Office of Local Government has provided a circular to councils (circular no 17-39) in relation to the proposed Councillor Induction and Professional Development Guidelines currently on public exhibition.
Amendments made to the Local Government Act 1993 (the Act) by the Local Government Amendment (Governance and Planning) Act 2016 in August 2016 saw the inclusion in the prescribed role of councillors under section 232 a responsibility “to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a councillor”.
In support of this, the amendments allow regulations to be made for induction and other professional development for mayors and councillors.
The Office of Local Government (OLG) has prepared guidelines to assist councils to develop and deliver induction and ongoing professional development activities for their mayor and councillors in compliance with the proposed regulations. These will be issued under section 23A of the Act.
OLG has issued a consultation draft of the proposed guidelines for comment prior to their being finalised. A copy is provided as a separate ATTACHMENT.
Under the guidelines, councils’ induction and professional development programs are to consist of three elements:
Pre-election candidate sessions – these are to ensure prospective candidates are aware of what will be expected of them if elected (these are not mandatory but are encouraged) Induction program – this aims to equip mayors and councillors with the information they need to perform their role effectively over the first few months and has a particular focus on building positive, collaborative relationships between councillors and with staff Professional development program – this is to be developed in consultation with all councillors and delivered over the term of the council to build the skills, knowledge and personal attributes necessary to be an effective mayor or councillor.
Councils will be required to report to the council on the induction and ongoing professional development activities offered to the mayor and each councillor and whether they participated in them and to make this information publicly available on their websites.
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Proposed Amendments to the Local Government (General) Regulation 2005 Councillor Induction and Professional Development Programs
The general manager is to ensure an induction program is delivered for newly elected and returning councillors and a specialised supplementary induction program for the mayor within six months of their election.
The general manager is to ensure an ongoing professional development program is delivered for the mayor and each councillor over the term of the council for the purposes of assisting them to acquire and maintain the knowledge and skills necessary to perform their roles.
The content of the ongoing professional development program to be delivered to the mayor and councillors is to be determined in consultation with the mayor and each councillor and is to have regard to the specific knowledge and skills required by the mayor, each individual councillor and the governing body as a whole to perform their roles.
Mayors and councillors must make all reasonable efforts to participate in the activities offered to them as part of an induction or ongoing professional development program.
The general manager is to report to the first council meeting held following the completion of the delivery of the induction program identifying the activities offered to the mayor and each councillor as part of the induction program, and whether or not the mayor and each councillor participated in the activities offered to them.
The general manager is to report to the first council meeting held following 30 June in each year identifying the ongoing professional development activities offered to the mayor and each councillor in the year to 30 June as part of the professional development program, and whether or not the mayor and each councillor participated in the activities offered to them under the program.
The general manager is to ensure these reports are published on the council’s website.
The Chief Executive of the Office of Local Government may, at the request of a general manager, exempt the council from the requirement to publish details of induction and ongoing professional development activities offered to the mayor or an individual councillor where he or she is satisfied that there are exceptional circumstances.
OLG is inviting submissions from councils and other stakeholders on the consultation draft of the Councillor Induction and Professional Development Guidelines. Submissions may be made by email to [email protected]. Submissions should be labelled “Councillor Induction and Professional Development Guidelines Consultation” and marked to the attention of OLG’s Council Governance Team. Submissions should be made by COB Friday 16 March 2018.
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13.13 QUARTERLY BUDGET REVIEW STATEMENT OCTOBER - DECEMBER 2017 File No: Governance/Meetings/Ordinary/February 2018 Author: Lynette Safranek, Finance & Community Services Director
Summary The Quarterly Budget Review Statement (QBRS) is presented with income and expenditure for the period from 1 October to 31 December 2017.
Recommendation:
That Council endorse report item 13.13 noting the internal changes proposed.
Summary A copy of the Quarterly Budget Review Statements (QBRS) for the period 1 October to 31 December 2017 FOLLOWS in accordance with the requirements of, the Office of Local Government.
Councils’ 2017/18 adopted consolidated budget recognised a surplus of $57,778 after capital expenses (General Fund Deficit $20,760, and Surplus for Water Fund $30,097 and Sewer Fund $48,442).
Council is making several budget adjustments to recognise both revenue and expenses in the second quarter review which will have a NIL impact on the adopted surplus of $57,778. These adjustments recognise restricted funds from the 2016/17FY which are being expensed in the current 2017/18 financial year.
These restricted revenues have been recognised and are included in the “Operating Performance Ratio” for 2016/17 and will have no impact on the revenue for 2017/18.
QBR 2 ADJUSTMENTS
General Fund
Internally Restricted Plant and Vehicle Replacement – carry over of funds Rollers / Grader $411,000 Purchase and delivery in December 2017
As at December 2017, Councils’ YTD [year to date] budget of $2,677m surplus verses actual revenue and expenditure of $3,167m surplus shows that Council is on track to achieve the budgeted surplus, taking into account timing of budgeted grants and expenses arriving outside of budget conditions with major variations explained below.
Council recognises revenue from rates and annual charges in full in July of each year when the rates are levied; the YTD budget also reflects this. This is reflected in the increased surplus in both budget and actual figures for September 2017. This surplus will decline over the following months as monthly operating expenses occur.
Several expenses such as insurances and subscriptions are also budgeted in full. All other revenue and expenses are budgeted monthly over a 12 month period; operating expenses which don’t fluctuate much from year to year outside of CIP increases are on track with budget; and Council is approximately 70% of the way into the revised budgeted capital works program.
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Income & Expense Statement: YTD Budget $2,677m v YTD Actual $3,167m
General Fund YTD Budget $1,888 v YTD Actual $1,934 Difference of $46k $156k Timing - RMS Private Works Revenue not expensed $ 15k- Timing - Public Private Works Expensed not invoiced $100k Timing - RMS Repair Grant Expensed not invoiced $ 80k Increased Development Fees $260k Town Improvement Projects not commenced $316k Timing - plant expenditure to be offset against balance of 2017/18 plant revenue $ 46k Waste – Increased Scrap Metal Sales
Water Fund YTD Budget $232k v YTD Actual $595 Difference of $363k Predominately increased water usage – Water usage is seasonal and can drop significantly during the second half of the financial year. Council is not doing a budget adjustment for this reason. However, also included in this increase is a significant water leak experienced by a local business that is being reviewed.
Sewer Fund YTD Budget $557k v YTD Actual $638k Difference of $80k Sewer discharge factor pertaining to increased water usage
Community Strategic Plan Differences Explained
Basic Services YTD Budget $572k v YTD Actual $713k Difference of $141k Timing RMS Private Works Revenue not expensed Timing Public Private Works Expensed not invoiced Timing RMS Repair Grant Expensed not invoiced Timing plant expenditure to be offset against balance of 2017/18 plant revenue. Waste – Increased Scrap Metal Sales Water – Increased water usage Sewer – Increased sewer discharge factor
Economic Prosperity YTD Budget v YTD Actual are on track
Natural Environment YTD Budget -$204k v YTD Actual -$128k Difference of $77k Increased Development Fees
Open Communication YTD Budget v YTD Actual are on track
Our Community YTD Budget $-377k v YTD Actual $-110k Diff $260 Not all Town Improvement Projects not commenced as at 31.12.17
Responsive & Caring YTD Budget v YTD Actual are on track
As at December 2017 Councils’ Budgeted Operating Performance Ratio has gained slightly from 5.9 at September 2017 Review to 6.16 [represented as 2017/18(RB) on the graph attached], still a significant drop when compared to 20.86 as reported in the 2016/17 Financial Statements and 20.55 reported in the 2015-16 Financial Statements. This drop is a result of $1,247m FAG monies for expenditure in 2017/18 being received and recognised in 2016/17 [hence the restriction on this money as at 30 June 2017] the recognition in 2016/17 is a requirement of the OLG. A further impact on this ratio is a decline in “Budgeted” Grant revenue for 2017/18, the budget is based on known information at a point in time this can change over the financial year with new grant funding becoming available which will impact on this ratio.
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The “actual” Operating Performance Ratio is represented as [2017/18 (A) on the graph and is currently sitting at 2.28 a slight gain from 1.79 at the September 2017 review, this is representative of movement for 6 months only.
Councils’ Budgeted Own Source Operating Revenue Ratio is continuing to show a slight improvement.
Consultancy & Legal Expenses Budget Review
Expense Overview YTD Actual Budgeted (Y/N) Consultancies $48,117 Y Legal Fees $47,764 Y
Definition of a Consultant A consultant is a person or organisation engaged under contract on a temporary basis to provide recommendations or high level specialist or professional advise to assist decision making by management.
Generally it is the advisory nature of the work that differentiates a consultant from a contractor.
Council has drawn down a further $411,000 in restricted funds in the Q2 December 2017 budget review, to be expended during the 2017/18 financial year relating to the plant fund. This is prior year carry over relating to delayed delivery of Rollers and a Grader. Bringing the total value to $4.25m represented by $1,247m in internally restricted monies relating to the pre-payment of the unrestricted Financial Assistance Grant for 2017/18 received in the 2016/17 financial year, $411k for plant as well as $2,564m in externally restricted, relating to specific purpose monies received in the 2016/17 financial year expended in 2017/18.
Council has expensed all reserve drawdowns relating to road works [LIRS/Developer Contributions] to be delivered by external contractors. Councils 2017/18 budget for employee costs and benefits are based on a standard week for all staff plus on-costs, contractors have been budgeted for all other labour related work. However, this could change during the year with work being done by council staff on an “overtime” basis, in turn increasing employee costs and decreasing contractor costs, as has happened in the past.
The net result of these drawdowns is a current reduction in restricted funds from $12,743m to $8,491m as shown in the attached table, this will change during the course of the financial year with movement of unexpended monies received, with budgeted employee costs increasing and budgeted contractor costs decreasing.
While the FAG monies were received and restricted for 2016/17, Council was aware of the revenue and included it in the 2017/18 adopted budget so there has been no Q1 budget adjustment for this, however the operational ratio has been adjusted to reflect this.
The drawdown from restricted for Water/Sewer/DWM and TI have also not had a Q1 budget adjustment done, these restricted drawdowns were taken into account in the adopted budget.
Water/Sewer/DMW and TI are all funds in their own right and any surplus at the end of each year are automatically restricted for use in these areas only, and can not be expended or offset against any other fund.
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OBERON SHIRE COUNCIL RESTRICTED CASH & INVESTMENTS (RESERVES) 30-Dec-17
Restrictions Opening Balance Closing Balance
30-Jun-17 30-Dec-17
External restrictions
Developer contributions – general 1,702 1,252 Specific purpose unexpended grants
Library Grant 50 50 R2R 2016-17 Acquittal 12 0 National Reconciliation Week 5 5 Operon Pool Complex - Upgrade Spectator Seats 11 0 Drop Off Zone - Safety Around Schools 6 (0) Pool forecourt - Notice Board & Landscaping 13 0 Back to Business Wee - Mayfield 3 3 RFS –
2016-17 – 13 Water supplies 370 55 Sewerage services 2,651 2,178 Domestic waste management 259 254 Town improvements 692 341 Other LIRS Loan 929 0 Total external restrictions 6,703 4,152 Internal restrictions
Plant and vehicle replacement 411 – Employees leave entitlement 1,047 1,047 Cemetery plaques 11 11 Community centre 10 10 Community technology centre 8 8 Community
Oberon Street Paving 130 130 Awing Cook Park 70 70 Oberon League Ticket Booth 10 10 Oberon League Lighting Tower Upgrade 30 30 Burraga Village Improvement 5 5 Black Springs Improvement 5 5 O'Connell Improvements 5 5 Council Elections 26 26 Engineering Instruments 49 49 Garbage depot 850 850 Gravel pits 150 150 Information technology – – Land development 902 902 Tourism 7 7 Finance
Legal Fees 40 40 Library
General Upgrade Reserves 15 15 Construction of New Hub – 150 Office equipment 37 37 Rail crossings update 38 38 Residential dwellings 27 27 Infrastructure Reserve 745 551 FAGs 50% 2017-18 1,247 (0) Self care units 109 109 Swimming pool 57 57 Total internal restrictions 6,041 4,339 TOTAL RESTRICTIONS 12,743 8,491
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Income & Expenses Budget Review Statement Council Consolidated Budget review for Quarter Ending 30 December 2017
2017-18 2017-18 2017-18 2017-18 2017-18 2017-18 2017-18 Budget QBR 1 QBR 2 QBR 3 Revised Budget YTD BUDGET Actual Rates & Annual Charges 5,304,137 0 0 0 5,304,137 5,303,867 5,359,895 User Charges & Fees 4,733,927 0 0 0 4,733,927 2,529,146 3,106,766 Interest & Investment Revenue 370,707 0 0 0 370,707 185,354 197,721 Other Revenues 501,547 0 0 0 501,547 250,774 821,136 Grants & Contributions provided for Operating Purposes 5,167,127 12,372 0 0 5,179,499 2,760,155 2,802,759 Grants & Contributions provided for Capital Purposes 217,114 0 0 0 217,114 108,557 138,611
Employee Benefits & On-Costs -5,392,511 0 0 0 -5,392,511 -3,015,316 -2,377,061 Borrowing Costs -200,000 0 0 0 -200,000 -100,000 -56,776 Materials & Contracts -2,457,028 -24,000 -90,278 0 -2,571,306 -1,287,310 -1,567,664 Depreciation & Amortisation -3,222,495 0 0 0 -3,222,495 -1,611,248 -1,611,248 Other Expenses -1,964,704 0 -34,722 0 -1,999,426 -1,263,265 -1,268,468
Net gains from the disposal of assets 350,000 0 0 0 350,000 284,433 354,849
Internal Income 0 0 0 0 0 0 0 Internal Expenditure -386,620 0 30,928 0 -355,693 -162,383 -122,877
Profit / Loss before Capital Expenditure 3,021,203 -11,628 -94,072 0 2,915,502 3,982,765 5,777,643
Capital Expenditure - Material & Contracts -5,384,009 -1,391,372 1,536,225 0 -5,239,156 -2,654,346 -3,841,749 Capital Expenditure - Employee Benefits & On-Costs -322,103 0 -182,912 0 -505,015 -338,796 -654,221 Capital Expenditure - Other Expenses 0 0 -670,240 0 -670,240 -670,240 0
Transfers from Restricted 2,742,687 1,403,000 -589,000 0 3,556,687 2,357,729 1,885,822
Profit / Loss after Capital Expenditure 57,778 0 0 0 57,778 2,677,112 3,167,495
Income & Expenses Budget Review Statement General Fund Budget review for Quarter Ending 30 December 2017
2016-17 2017-18 2017-18 2017-18 2017-18 2017-18 2017-18 Budget QBR 1 QBR 2 QBR 3 Revised Budget YTD BUDGET Actual Rates & Annual Charges 4,172,541 0 0 0 4,172,541 4,173,771 4,199,333 User Charges & Fees 3,192,368 0 0 0 3,192,368 1,758,367 1,932,622 Interest & Investment Revenue 344,940 0 0 0 344,940 172,470 187,718 Other Revenues 496,375 0 0 0 496,375 248,188 821,136 Grants & Contributions provided for Operating Purposes 5,132,164 12,372 0 0 5,144,536 2,742,674 2,699,389 Grants & Contributions provided for Capital Purposes 200,815 0 0 0 200,815 100,408 113,159
Employee Benefits & On-Costs -4,912,854 0 0 0 -4,912,854 -2,775,487 -2,128,584 Borrowing Costs -200,000 0 0 0 -200,000 -100,000 -56,776 Materials & Contracts -1,436,097 -24,000 -90,278 0 -1,550,375 -777,159 -1,128,570 Depreciation & Amortisation -2,917,901 0 0 0 -2,917,901 -1,458,950 -1,458,950 Other Expenses -1,794,046 0 -34,722 0 -1,828,768 -1,177,936 -1,167,279
Net gains from the disposal of assets 350,000 0 0 0 350,000 284,433 354,849
Internal Income 0 0 0 0 0 0 0 Internal Expenditure -218,309 0 30,928 0 -187,381 -78,227 -38,722
Profit / Loss before Capital Expenditue 2,409,997 -11,628 -94,072 0 2,304,297 3,112,549 4,329,326
Capital Expenditure - Material & Contracts -4,064,113 -1,391,372 1,536,225 0 -3,919,260 -2,415,806 -3,663,677 Capital Expenditure - Employee Benefits & On-Costs -322,103 0 -182,912 0 -505,015 -338,796 -617,457 Capital Expenditure - Other Expenses 0 0 -670,240 0 -670,240 -670,240 0
Transfers from Restricted 1,955,458 1,403,000 -589,000 0 2,769,458 2,200,229 1,885,822
Profit / Loss after Capital Expenditure -20,761 0 0 0 -20,761 1,887,936 1,934,014
Page 128 Income & Expenses Budget Review Statement Water Fund Budget review for Quarter Ending 30 December 2017
2017-18 2017-18 2017-18 2017-18 2017-18 2017-18 2017-18 Budget QBR 1 QBR 2 QBR 3 Revised Budget YTD BUDGET Actual Rates & Annual Charges 434,139 0 0 0 434,139 434,139 445,390 User Charges & Fees 1,186,262 0 0 0 1,186,262 593,131 897,124 Interest & Investment Revenue 6,080 0 0 0 6,080 3,040 5,955 Other Revenues 5,172 0 0 0 5,172 2,586 0 Grants & Contributions provided for Operating Purposes 24,130 0 0 0 24,130 12,065 31,251 Grants & Contributions provided for Capital Purposes 0 0 0 0 0 0 0
Employee Benefits & On-Costs -247,522 0 0 0 -247,522 -123,761 -160,715 Borrowing Costs 0 0 0 0 0 0 0 Materials & Contracts -898,940 0 0 0 -898,940 -449,470 -372,801 Depreciation & Amortisation -177,980 0 0 0 -177,980 -88,990 -88,990 Other Expenses -78,501 0 0 0 -78,501 -39,250 -52,599
Net gains from the disposal of assets 0 0 0 0 0 0 0
Internal Income 0 0 0 0 0 0 0 Internal Expenditure -60,664 0 0 0 -60,664 -30,332 -30,332
Profit / Loss before Capital Excpenditure 192,177 0 0 0 192,177 313,158 674,283
Capital Expenditure - Material & Contracts -477,080 0 0 0 -477,080 -238,540 -42,190 Capital Expenditure - Employee Benefits & On-Costs 0 0 0 0 0 0 -36,533 Capital Expenditure - Other Expenses 0 0 0 0 0 0 0
Transfers from Restricted 315,000 0 0 0 315,000 157,500 0
Profit / Loss after Capital Expenditure 30,097 0 0 0 30,097 232,118 595,559
Income & Expenses Budget Review Statement Sewer Fund Budget review for Quarter Ending 30 December 2017
2017-18 2017-18 2017-18 2017-18 2017-18 2017-18 2017-18 Budget QBR 1 QBR 2 QBR 3 Revised Budget YTD BUDGET Actual Rates & Annual Charges 697,457 0 0 0 697,457 695,957 715,172 User Charges & Fees 355,296 0 0 0 355,296 177,648 277,019 Interest & Investment Revenue 19,687 0 0 0 19,687 9,844 4,048 Other Revenues 0 0 0 0 0 0 0 Grants & Contributions provided for Operating Purposes 10,833 0 0 0 10,833 5,417 72,118 Grants & Contributions provided for Capital Purposes 16,299 0 0 0 16,299 8,149 25,452
Employee Benefits & On-Costs -232,135 0 0 0 -232,135 -116,068 -87,762 Borrowing Costs 0 0 0 0 0 0 0 Materials & Contracts -121,991 0 0 0 -121,991 -60,680 -66,292 Depreciation & Amortisation -126,615 0 0 0 -126,615 -63,307 -63,307 Other Expenses -92,157 0 0 0 -92,157 -46,079 -48,590
Net gains from the disposal of assets 0 0 0 0 0 0 0
Internal Income 0 0 0 0 0 0 0 Internal Expenditure -107,647 0 0 0 -107,647 -53,824 -53,824
Profit / Loss before Capital Expenditure 419,029 0 0 0 419,029 557,058 774,034
Capital Expenditure - Material & Contracts -842,816 0 0 0 -842,816 0 -135,882 Capital Expenditure - Employee Benefits & On-Costs 0 0 0 0 0 0 -231 Capital Expenditure - Other Expenses 0 0 0 0 0 0 0
Transfers from Restricted 472,229 0 0 0 472,229 0 0
Profit / Loss after Capital Expenditure 48,442 0 0 0 48,442 557,058 637,921
Page 129 Income & Expenses Budget Review Statement Community Strategic Plan Budget review for Quarter Ending 30 December 2017
2017-18 2017-18 2017-18 2017-18 2017-18 2017-18 2017-18 Budget QBR 1 QBR 2 QBR 3 Revised Budget YTD BUDGET Actual
Revenue Basic Services 9,536,169 12,372 0 0 9,548,541 5,783,029 6,580,896 Economic Prosperity 246,649 0 0 0 246,649 157,757 156,322 Natural Environment 247,256 0 0 0 247,256 123,628 231,576 Open Communication 5,861,881 0 0 0 5,861,881 4,749,022 5,312,932 Our Community 561,965 0 0 0 561,965 513,529 505,181 Responsive & Caring 190,641 0 0 0 190,641 95,321 145,141 Total Income From Continuing Operations 16,644,560 12,372 0 0 16,656,932 11,422,285 12,932,047
Expenses Basic Services -7,848,989 0 0 0 -7,848,989 -4,191,256 -4,073,035 Economic Prosperity -261,334 0 0 0 -261,334 -142,140 -169,065 Natural Environment -931,027 0 0 0 -931,027 -577,421 -448,201 Open Communication -3,336,510 0 -120,000 0 -3,456,510 -1,861,209 -1,664,967 Our Community -758,002 -24,000 0 0 -782,002 -425,490 -528,753 Responsive & Caring -487,496 0 -5,000 0 -492,496 -272,932 -301,312 Total Expenses From Continuing Operations -13,623,358 -24,000 -125,000 0 -13,772,358 -7,470,448 -7,185,332
Capital Works Basic Services -4,096,112 -1,391,372 589,000 0 -4,898,484 -2,889,954 -3,694,998 Economic Prosperity 0 0 0 0 0 0 -756 Natural Environment 0 0 0 0 0 0 0 Open Communication 0 0 -30,928 0 -30,928 -30,928 -570,269 Our Community -1,505,000 0 100,000 0 -1,405,000 -702,500 -212,194 Responsive & Caring -105,000 0 25,000 0 -80,000 -40,000 -17,754 Total Capital Works -5,706,112 -1,391,372 683,072 0 -6,414,412 -3,663,382 -4,495,970
Transfers from Restricted Basic Services 1,792,042 1,379,000 -589,000 0 2,582,042 1,870,407 1,710,500 Economic Prosperity 0 0 0 0 0 0 0 Natural Environment 500,000 0 0 0 500,000 250,000 0 Open Communication 0 0 30,928 0 30,928 30,928 30,928 Our Community 450,645 24,000 0 0 474,645 237,322 175,322 Responsive & Caring 0 0 0 0 0 0 0 Total Transfers from restricted 2,742,687 1,403,000 -558,072 0 3,587,615 2,388,656 1,916,750
Net Basic Services -616,890 0 0 0 -616,890 572,225 713,364 Economic Prosperity -14,685 0 0 0 -14,685 15,618 11,501 Natural Environment -183,771 0 0 0 -183,771 -203,793 -127,626 Open Communication 2,525,371 0 -120,000 0 2,405,371 2,887,812 2,888,624 Our Community -1,250,392 0 100,000 0 -1,150,392 -377,139 -110,443 Responsive & Caring -401,855 0 20,000 0 -381,855 -217,612 -207,926 Total Net 57,778 0 0 0 57,778 2,677,112 3,167,495
Operating Performance Income [Excluding Capital Grants] - Operating Expenses Income [Excluding Capital Grants]
This Ratio measures Council's achivement of containing operating expenditure within operating revenue
Own Source Operating Revenue Income [Excl All Grants & Contributions] Income
This ratio measures council's reliance on external funding sources such as operating grants & contributions
Page 130 Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
14. REPORTS FOR INFORMATION 14.01 MONTHLY ACTIVITY REPORT – GENERAL MANAGER File No: Governance/Meetings/Ordinary Author: Gary Wallace, General Manager
Summary This report item summaries the main activity by the General Manager since the December 2017 Council Meeting. Items including Human Resources and Workplace Health & Safety, Community Activity, Regional Issues, Executive Management Team Meetings, and planned activities.
Recommendation:
That report item 14.01 is received as information.
Commentary
1. PLANNED ACTIVITY FOR FEBRUARY and MARCH
D.R.A.W. PROGRAM – The DRAW program is designed to support all staff to develop respectful behaviours at work. Norm Turkington has now delivered the DRAW program to all employees as part of our commitment to the PAW Program with the results to be analysed and recommendations provided to the GM for consideration.
COMMUNITY STRATEGIC PLAN REVIEW – work will be progressing on the development of a new Community Strategic Plan for the Oberon Local Government Area. Work will commence on finding appropriate suppliers who can facilitate this strategic initiative moving towards 2040. In light of recent events and now ongoing surety it is considered a great time to review and consider the next steps in the evolution of Oberon. Initiatives relating to Branding, Destination Management, Tourism and Economic Development all sit at the forefront of Councillor expectation and a new and improved CSP will help deliver on these actions.
DRAFT OPERATIONAL & DEVILERY PLAN – work is commencing on the development of Councils draft Operational and Delivery Plans for the 2018/19 financial year. This Plan will be developed in conjunction with the Community Strategic Plan review and will commence in February.
RURAL DOCTORS NETWORK MEETING – On Wednesday 7 February, a meeting was held with members of Rural Doctors Network (RDN) Organisation as well as representatives from Western NSW PHN. The meeting was well attended by local stakeholders with representatives from the Oberon MPS, Oberon Health Council, Doctors and Management from the Oberon Medical Centre. By comparison to many other rural council areas Oberon is well serviced by dedicated professional medical staff and good facilities, however in an increasing difficult space it is necessary to ensure this remains the case in the future. In particular there is an identified need to address shortages in trained nursing practitioners and Allied Health Workers. As an outcome of the meeting a needs assessment for the Oberon area will be carried out by the RDN/PHN. This assessment will identify current or potential future risks to health service delivery in Oberon. We will then work proactively with these organisations and our own Health Service Practitioners including the Aged Care Facility in whatever way we can be effective.
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2. ACTIONING COUNCIL DECISIONS Following each Council Meeting the General Manager and Directors review the decisions and agree on a priority for actioning these decisions. Each Director has been requested to provide an update in the Monthly Activity Report, as well as reporting on actions to the General Manager.
Minute Number Summary/Progress 20 December 2016 ORDINARY COUNCIL MEETING 19 201216 1. Council defer a decision in relation to the request and have an onsite Skoda And Tatra meeting to evaluate its possible support for this project. Museum – Request 2. Council continue to support and assist the Skoda & Tatra Museum For Assistance though ongoing grant applications for the development. Inspection to be held on 15 Feb 2017 Finalisation of lease documentation still awaiting Matter ongoing 2 May 2017 WORKS COMMITTEE MEETING 10 020517 That Council indicate their interest in pursuing a report in relation to the identified land.
Report to be tabled to future meeting
Matter has been forwarded to agent who will contact Council in near future Matter ongoing 15 August 2017 ORDINARY COUNCIL MEETING 32 150817 1. Council determine the sale of 2.1267ha of road reserve fronting 1300 Land Sale – Abercrombie Road, Oberon. Operational Land 2. Council determine an appropriate price for the sale of the land in Abercrombie Road accordance with the valuation of OPTEON Group Pty Ltd. 3. The General Manager and Mayor be delegated authority to sign relevant legal documents associated with the transfer of the land.
Action: In Progress Reported to November Ordinary Meeting Matter ongoing 17 October 2017 ORDINARY COUNCIL MEETING 16 171017 1. Council agree to the establishment of an Audit Committee in partnership Proposed Audit and with Lithgow City Council. Risk Committee 2. Council adopt the draft Terms of Reference for the Audit Committee attached to this report.
Matter progressing – a meeting with Lithgow City Council representatives has been identified in December.
21 November 2017 ORDINARY COUNCIL MEETING 06 211117 1. Council support a request from RFSA to advocate for a 40kms per hour safe speed limit when approaching an emergency incident 2. Council write to the NSW Premier Gladys Berejiklian and other relevant Members of the NSW Parliament advocating for this change. 3. This issue be bought to the attention of the Traffic Committee (TALC) of council for discussion as to what other action may be taken to support this initiative Correspondence forwarded. Matter to be included on next TALC Agenda Matter ongoing
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20 211117 1. Council ‘in principle’ support the concept of a Park Run in the Oberon Park Run LGA Expressions of 2. Council indicate to the interested parties that they lodge an expression Interest of interest through the s356 Donations in the 2018/19 deliberations. Working party has been advised of Council’s in principle support and will look to lodge EOI in 18/19 Operation Plan. Matter ongoing 19 December 2017 ORDINARY COUNCIL MEETING St Aidens Anglican A letter be sent urgently to the Right Reverend Ian Palmer, Anglican Bishop Church, Black of Bathurst, requesting consideration is given to reversing the decision to Springs close and sell St Aidan’s Church at Black Springs.
The letter also states Councils support for the congregation of St Aidan’s Church, recognising the impact the closure will have on the community.
Correspondence sent – meeting held with Bishop, no further action Matter closed 04 191217 That Council note the letter from Oberon Health Council and the Minister for Fluoridation Of Health and Minister for Medical Research and accept the offer for a face to Water – Expression face briefing for the Council and senior staff led by suitably qualified people Of Interest from NSW Health on the evidence supporting fluoridation of Oberon’s water supply
And further that suitably qualified people amongst opponents to fluoridation brief council and senior staff on the evidence against fluoridation of Oberon’s water supply
And further that the meetings be held before council makes any determination of the matter.
Meetings arranged for presentation to Councillors Matter ongoing 07 191217 1. Council support the Upper Macquarie County Council (UMCC) UMCC Meeting continuing to operate under the current governance structure and noting that UMCC will: a) identify targets that it wishes to achieve over the coming 12 months; and b) review the status of the organisation at the December 2018 UMCC meeting. Correspondence forwarded to UMCC 18 191217 That Council endorse Option 1 of the AutumnFest package for 30 guests Expressions of from General Revenue of the 2017-18 Operational Plan. Interest AutumnFest OBTA have indicated that they are prepared to partner with Council on this project on a 50/50 basis.
With respect to outstanding actions from previous Council Meetings the General Manager will review these with the Mayor and the Directors on at least a monthly basis.
If any Councillor requires an update on a specific item they should contact the General Manager or the relevant Director, or submit a Councillor Request Form to the Executive Coordinator.
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3. WORKPLACE HEALTH AND SAFETY
Incidents/Injuries There were no injuries reported in December 2017.
Days Without Lost Time Because Of Injury
Department/work area 30 November 2017 30 December 2017 Administration 182 212 Works 341 371 Library 999 1029 OVIC 287 317 Workshop 1567 1597
Meetings /activities attended
5 Dec - CENTROC WHS and Risk Meeting Orange
11 Jan – SafeWork PAWS update meeting
4. HUMAN RESOURCES
Recruitment Activities
Recruitment continues on the finalising the current positions vacant in the Library Assistant, Library Manager, Community Services and Youth Coordinator, Tourism and Economic Development Coordinator and Human Resources Coordinator positions.
Unfortunately the position offered to the Technical Services Manager was not accepted by the preferred applicant and a further look at this position is being considered by the Technical Services Director. A contractor has been engaged to fill this position in the interim.
5. COMMUNITY ACTIVITY, REGIONAL ISSUES and OTHER MEETINGS (DECEMBER 2017 – FEBRUARY 2018) The following is a summary of meetings attended by the General Manager.
13 Dec Welcome to Oberon function 14 Dec Council Staff Christmas function 15 Dec Council Business Continuity Plan Session with JLT 19 Dec Ordinary Council Meeting 25 Jan Australia Day Ambassador Welcome Function – McKeowns Rest Bed and Breakfast 26 Jan Australia Day Official Ceremony 1 Feb Kevin Webb 5 Feb Toni-Anne Lee, StateCover 5 Feb Andrew Sterling, Oberon Correctional Centre re MOU Scope of Works 6 Feb Helen Lowe, OBTA 7 Feb Centroc Tourism Managers Meeting, Orange 7 Feb Rural Doctors Network Presentation 8 Feb GMAC Meeting, Orange
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9 Feb Marjorie Armstrong and Keith Sullivan 12 Feb Rhonda Taylor, General Manager Destination Networks Country and Outback meet with Mayor 12 Feb FY16 LG Comparative Tool Training Webinar 13 Feb Bishop Ian Palmer and Karen Trafford - re St Aiden’s Church Black Springs 13 Feb Tim Ward re Industrial Land 13 Feb Rates Workshop and Councillor Informal Briefing Session
6. EXECUTIVE SUPPORT – MEETINGS & VISITOR INFORMATION CENTRE
ACTIVITIES & MEETINGS
Council Page in the Oberon Review was prepared each week during December and January with advertising and information. The Oberon Review had a two week break during the Christmas/New Year period. Advertising included the Mayoral Column and articles including Oberon Pool Updates, Road Improvement Works in Oberon Street, Christmas Closures, Current Works, Determinations Nov 17, Oberon Library Summer Program, Oberon Youth Council Movie Day, Christmas Closures, Australia Day Ambassador, Positions Vacant – Tourism and Economic Development Manager, Human Resources Coordinator, Library Manager, Community Services and Youth Coordinator, Library Assistant, Administration Centre Improvement Works, Australia Day Activities 2018, Event Management Workshop, Coffee with a Cop and Council Meetings February 2018.
Council Website and Council Facebook Page updated with media releases and relevant articles.
“Good News Week” newsletter was issued to councillors and staff on 1, 8 and 15 December 2017, 12 and 19 January 2018.
VISITOR STATISTICS
December 2017 January 2018 Domestic 907 Domestic 1180 International 123 International 145 Total 1030 Total 1325
Major Tourism Requests
December 2017 January 2018 Fossicking 175 Fossicking 217 Mayfield Garden 67 Mayfield Garden 81 Fishing 59 Camping 75 Jenolan Caves 51 Jenolan Caves 73
Events held during December and January included: Dec Community Carols Dec 10 Fish River Festival O’Connell Dec 13 Welcome To Oberon Festive Afternoon Tea Dec 15 Manifesto Art Exhibition Tarana Jan 13/14 Oberon Sailing Regatta Jan 13-28 Mayfield Summer Festival Jan 26 Australia Day Celebrations
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Upcoming Events: Feb 3 Oberon Community & Farmers Market Feb 10 Oberon’s 118th Show Feb 15 Coffee with a Cop Long Arm Farm Cafe Feb 24 Oberon Rodeo Feb 24 White Party at Mayfield Feb 24 Music on Mount David Concert
General Accommodation providers have been fully booked most weekends for weddings. During the January School Holidays weekends were booked for weddings and quite a few family accommodation enquiries were not able to be met due to the weddings being booked for some months ahead. Due to the ramp up with wedding/accommodation/catering enquiries it is suggested that a section be added to the new website on ‘Wedding Packages’.
The Visitor Information Centre has started to receive a number of phone enquiries regarding the start of Mushrooming Season. Due to the extremely dry weather it is expected that the season will be very late starting this year.
2BS Radio have now committed to a monthly time slot with the Oberon Visitor Information Centre staff to promote “What’s On” in the region. This will now be the second Wednesday of each month.
Mayor Kathy Sajowitz, General Manager Gary Wallace and Executive Coordinator Sharon Swannell attended the Centroc Tourism Managers Meeting held in Orange on Wednesday 7 February. Discussion was held regarding the importance of collecting visitor data. A presentation was provided by Caddie Marshall regarding the structure for the newly formed Orange/Cabonne/Blayney Tourism Group. Ideas were circulated regarding promotional ideas to target the Visiting Friends and Relatives Market (VFR). This is an emerging tourism target market and several regions have undertaken successful campaigns in this area. It was agreed that the focus for the group will be on additional PR and developing and packaging regional tourism products that can be promoted across the Central West. Potential trails include Food and Wine, Caves, Fishing, Gardens, Old Bones and Country Pubs. Oberon Council will be coordinating the development of the “Garden Trails” package.
Council in conjunction with volunteers from Oberon Business and Tourism Association held a stand at the Oberon Show on Saturday 10 February 2018. Council staff Jane Nicholl and Debra Marks attended the stand. The stand was quite busy with a lot of visitors dropping by to find out about attractions in the region. The Experience Oberon brochures were quite enticing to couples and families looking to move to the area, and there were a number of enquiries of this nature. We had local interest in ‘Oberon’ merchandise, fishing enquiries, camping around Lake Oberon, kayaking and bike hire. Enquiries about general events, mushrooming, four wheel driving, Mayfield Garden, Jenolan Caves, surrounding villages, State Forest recreation and where people can walk their dogs. Maps were of particular interest. Council also placed an ad on Radio 2LT as part of the Oberon Show package. 2LT carried out live broadcast from the Show and interviewed the Mayor as part of the advertisement.
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14.02 MONTHLY ACTIVITY REPORT – PLANNING & DEVELOPMENT DEPT. File No: Governance/Meetings/Ordinary Author: Shane Wilson, Planning and Development Director
Summary This report item summaries the main activity in the Planning and Development Department since the December Council Meeting.
Recommendation:
That report item 14.02 is received as information.
Commentary
7. PLANNED ACTIVITY FOR DECEMBER & JANUARY
COMPLIANCE – work continues to investigate compliance issues in development assessment and building control, this has resulted in one matter involving earthmoving and road construction which has now escalated to the point of orders and legal action having commenced. Several animal matters, have required escalation with enforcement actions having seen a marked improvement in the level of compliance.
PLANNING & DEVELOPMENT POSITIONS – The Town Planning position has been filled with the position to commence in March 2018.
STRATEGIC PLANNING – Work continues on finalising several strategic planning initiatives that have been supported by Council. The planning proposal to rezone open space, public reserves and parks to an RE1 Public Recreation zone has been identified as requiring amendment, with will occur early in 2018, prior to being resubmitted to Planning and Environment for further approval.
A meeting is being arranged with Planning and Environment in the coming weeks to discuss the ways forward with the current RE1 planning proposal and the potential to increase the flexibility around tourist type accommodation within the RU1 – Primary Production zone.
A review of the current Development Control Plan and conditions has commenced, with a major revision to be undertaken, with a view to having it ready for implementation in mid 2018.
LEGISLATIVE UPDATES - Updates to the Environmental Planning and Assessment Act 1979 commence on Thursday 1 March 2018. Further information can be found at: http://www.planning.nsw.gov.au/Policy-and-Legislation/Under-review-and-new-Policy-and- Legislation/Legislative-Updates-to-the-Environmental-Planning-and-Assessment-Act
The updates to the Environmental Planning and Assessment Act 1979 commence on Thursday 1 March 2018. The updates have four underlying objectives:
to enhance community participation to promote strategic planning to increase probity and accountability in decision-making to promote simpler, faster processes for all participants.
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While most of the changes will commence on 1 March 2018, there will be a number of other changes that will involve further design and consultation. In addition to the changes the current section numbers of the Act have now been amended which will see the terminology which has been used for many years no changed, i.e. Section 79C evaluations will now be Section 4.15.
BURRAGA AND BLACK SPRINGS TRANSFER STATIONS – The trial of additional days continue, with no concerns having been brought to staffs attention at this point.
Additional Open Hours (6 month trial) THURSDAYS TUESDAYS BURRAGA–12:30–2:30 BURRAGA – 8:00–10:00 BLACK SPRINGS–3:00–5:00 BLACK SPRINGS–10:30–12:30
OBERON CONTAINER DEPOSIT SCHEME - Oberon Council area now has a single over the counter collection point at Sargent’s Rural Supplies, 187 Oberon Street, Oberon. The current arrangement is for plastic bottle and is capped at a maximum of 100 per transaction. As more information becomes available further updates will be provided.
OBERON ADMINISTRATION OFFICE – Beautification works were undertaken between Christmas to mid February, with the works now completed. These works included the painting of the external frontage, internal of the Chambers, Mayors office and Committee room, the installation of new blinds and the replacement of the roof sheeting on the front awning. Community feedback has been positive and they are to be thanks for their patience and co-operation whilst the traffic control was in place.
8. ACTIONING COUNCIL DECISIONS Following each Council Meeting the General Manager and Directors review the decisions and agree on a priority for actioning these decisions. Each Director has been requested to provide an update in the Monthly Activity Report, as well as reporting on actions to the General Manager.
Minute Number Action Taken 30160413 Councillor Workshop held 9/12/14. Waste Less Recycle More Recycling Area established September 2015 Waste Strategy developed Further consideration to be included within the CSP process. Matter Ongoing 06 151215 Parkland in Glyndwr Avenue. Notice of Motion Amendment to the LEP required. Gateway lodged and supported by Council Included within the Planning Proposal as detailed below. Matter Ongoing 20 December 2016 ORDINARY COUNCIL MEETING 28 201216 1. Council support the planning proposal in principle to amend Planning Proposal – RE1 & the Oberon Local Environmental Plan 2013 to incorporate RE2 Public Recreation Zones the RE1 Public Recreation Zone into the plan and identify permissible compatible land uses, excluding the Oberon Rugby League Ground (site 6), 2. As part of the proposal to include the RE1 Public Recreation zone, that Council seek to rezone identified public recreation, open space and parkland areas to the RE1 Public Recreation zone, 3. Council support the planning proposal in principle to amend the Oberon Local Environmental Plan 2013 to incorporate
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the RE2 Private Recreation Zone into the plan and identify permissible compatible land uses, 4. Council authorise the Acting General Manager to submit the attached planning proposal to the Department of Planning and Environment requesting Gateway Determination in accordance with the requirements of section 56 of the Environmental Planning and Assessment Act 1979, and 5. Council receive a further report on the outcomes of the planning proposal following the mandatory public exhibition period and prior to final authorisation.
Gateway being amended. Matter ongoing 21 November 2017 ORDINARY COUNCIL MEETING 04 211117 That the proposal be deferred until an onsite meeting can be Planning Proposal held in the New Year. Councillor Inspection completed February 2018 meeting for further consideration. Matter ongoing 19 December 2018 ORDINARY COUNCIL MEETING 13 191217 1. The Minutes of the Heritage Committee held on 27 November Heritage Committee 2017 received as information. 2. Council write to the DPI Lands seeking a copy of the Digital imagery of the Cox’s Road route. 3. Council formally support the listing of the property known as “Macquarie” on the State Heritage register. 4. Council write to RMS seeking their approval for a proposed trail along the western side of the O’Connell Avenue of trees between Box Hill Road and Beaconsfield Road. 5. Letters sent to DPI Lands and State Heritage office. Letter being prepared for RMS.
Matter Ongoing 14 191217 Council approve Development Application 10.2017.85.1 for a DA 10.2017.85.1 – Change proposed Function Centre on Lot 6 in DP 757050, being known Of Use – Farm Building To as, 280 Burrough’s Crossing Road, Oberon in accordance with Function Centre the 79C Assessment and conditions contained within this report. Consent issued 15 191217 Council approve Development Application 10.2017.96.1 for a DA 10.2017.96.1 – Two Lot proposed two lot residential subdivision (Boundary Adjustment) Subdivision (Boundary on land described as Lot 1 in DP 580532 and Lot 30 Section A Adjustment) in DP 2364, being known as 45-47 Scotia Avenue Oberon in accordance with Section 79C of the Environmental Planning and Assessment Act 1979 and conditions contained within this report, should no objections from adjoining land owners be received. Consent issued 16 191217 That delegation is granted to the General Manager to vary Part DA 10.2017.99.1 – Addition C.5.5 – “Building Height Plane” of its current DCP 2001 to an Existing Dwelling associated to Development Application 10.2017.99.1 for an addition to an existing dwelling at Lot 19 in DP 554714, being known as 14 Prince Street, Oberon. Consent issued
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With respect to outstanding actions from previous Council Meetings the General Manager will review these with the Mayor and the Directors on at least a monthly basis.
If any Councillor requires an update on a specific item they should contact the General Manager or the relevant Director, or submit a Councillor Request Form to the Executive Coordinator.
9. PLANNING AND DEVELOPMENT MATTERS
DETERMINATIONS – DECEMBER 2017
20.2017.17.1 On-Going Operation of Caravan 15-19 Albion Street, OBERON NSW Park 2787 11.2004.47.1 Construction of 2 Driveway 9 Bloom Hill Road O'CONNELL NSW Accesses 2787 11.2016.62.1 Museum 15 Dudley Street, OBERON NSW 2787
10.2017.98.1 Dwelling 20 Edith Street, OBERON NSW 2787 11.2017.98.1 20.2017.18.1 15.2016.23.1 15.2016.23.1 Stage 1 - 2 lot 204 Albion Street OBERON NSW 2787 subdivision 15.2016.23.2 15.2016.23.2 Stage 2 -2 lot 235 Duckmaloi Road, OBERON NSW subdivision 2787 10.2017.89.1 2 Lot rural subdivision and Dual 340 and 341 Howes Road, MOUNT occupancy DAVID NSW 2795 10.2017.95.1 Dwelling and temporary use of 7 Warego Lane, O'CONNELL NSW 19.2016.16.2 shed as accommodation and 2795 modify On-Site Waste Water System 10.2016.14.2 Modified to include mezzanine 13 Marks Crescent, OBERON NSW within the garage 2787 10.2017.96.1 2 lot subdivision (Boundary 45-47 Scotia Avenue, OBERON NSW Adjustment) 2787 19.2017.40.1 On-Going use of on-Site Waste 1501 O'Connell Road, O'CONNELL Water System NSW 2795 10.2017.85.1 Change of Use - Function Centre 280 Burrough's Crossing Road, EDITH NSW 2787
DETERMINATIONS – JANUARY 2018
11.2016.37.2 Stage 3 - subdivision works for 24 Springfield Street, OBERON NSW lots 9-22 and associated 2787 infrastructure (excluding stormwater retention basin)
10.2017.88.1 Dwelling and On Site Waste 31 Lawrence Road WISEMANS CREEK Water NSW 2787 10.2018.1.1 Carport and Verandah 81 Mackie Road CHATHAM VALLEY NSW 2787 10.2018.5.1 Demolition Existing House 25 Fleming Street OBERON NSW 2787
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10.2017.103. Farm shed 222 Hanrahan’s Lane, BLACK SPRINGS 1 NSW 2787 11.2017.103. 1 11.2016.37.3 Stage 3 - subdivision works 24 Springfield Road, OBERON NSW stormwater retention basin 2787
Copies of determinations are available for inspection at Council’s Administration Centre.
Applications for the calendar year are being provided in a table form to give an outline of applications being lodged against those of the previous year.
Number of Applications Lodged
45 40 35 30 25 20 15 10 2017 Applications 5
0 2016 Applications
Numberofapplications
July
May
June
April
March
August
October
January
February
December
November September Month
Number of Applications Lodged
45 40 35 30 25 20 15 10 2018 Applications 5
0 2017 Applications
Numberofapplications
July
May
June
April
March
August
October
January
February
December
November September Month
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CERTIFICATES ISSUED
During the Conveyancing process, normally as part of the sale of a property, various Certificates are applied for by Solicitors, Real Estate Agents or by the public.
In December 2017 and January 2018 the following Certificates were issued:
CERTIFICATES - DECEMBER SECTION 149(2) AND (5) PLANNING CERTIFICATES 15 Environmental Planning and Assessment Act, 1979 SECTION 735A CERTIFICATES AS TO NOTICES 10 Local Government Act, 1993. SECTION 121ZP CERTIFICATES AS TO ORDERS 6 Environmental Planning and Assessment Act, 1797 SECTION 149D BUILDING CERTIFICATES 0 Environmental Planning and Assessment Act, 1979
CERTIFICATES - JANUARY SECTION 149(2) AND (5) PLANNING CERTIFICATES 20 Environmental Planning and Assessment Act, 1979 SECTION 735A CERTIFICATES AS TO NOTICES 6 Local Government Act, 1993. SECTION 121ZP CERTIFICATES AS TO ORDERS 4 Environmental Planning and Assessment Act, 1797 SECTION 149D BUILDING CERTIFICATES 0 Environmental Planning and Assessment Act, 1979
Certificates for the calendar year are being provided in a table form to give an outline of certificates being lodged against those of the previous year.
Certificates for 2016/2017 120
100
80 Building Certificate
60 121ZP 735A 40 149's 20 Total certificates 2016
0 Total Certificates 2017
July
May
June
April
March
August
October
January
February
December November September
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Certificates for 2017/2018 60
50
40 Building Certificate
30 121ZP 735A 20 149's 10 Total certificates 2017
0 Total Certificates 2018
July
May
June
April
March
August
October
January
February
December November September
OBERON ANIMAL POUND
The following are details of activity at the Animal Pound in December 2017 and January 2018.
Number of cats and dogs impounded 2016/2017 18
16 14 12 10 8 2017 Carried Over 6 4 2017 Dogs NumberofAnimals 2 2017 Cats 0
2016 Cats & Dogs total
July
May
June
April
March
August
October
January
February
December
November September Month
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Number of cats and dogs impounded 2017/2018 16 14 12 10 8 6 2018 Carried Over 4 2018 Dogs
NumberofAnimals 2 2018 Cats 0
2017 Cats & Dogs total
July
May
June
April
March
August
October
January
February
December
November September Month
In December 2017 and January 2018 there were no Dangerous Dog Declarations, One Dangerous Dog Orders, no Notice of Intentions to declare a dog dangerous, no Notice of Intentions to declare a dog menacing and 2 Notices of Intentions to declare a nuisance dog.
MISCELLANEOUS MATTERS
Various inspections, including building inspections, health inspections, environmental inspections and complaints were conducted during December 2017 and January 2018.
TYPE OF INSPECTIONS December 2017 Building Inspections 18 Food Inspections 0 Environmental Inspections (Air, Noise and Water Pollution) 0 Subdivisions Certificate Inspections 2 Complaints (Including Animal Control) 2 Building Maintenance Inspections 2
TYPE OF INSPECTIONS January 2018 Building Inspections 25 Food Inspections 0 Environmental Inspections (Air, Noise and Water Pollution) 0 Subdivisions Certificate Inspections 0 Complaints (Including Animal Control) 7 Building Maintenance Inspections 3
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14.03 MONTHLY ACTIVITY REPORT – TECHNICAL SERVICES File: Governance/Meetings/Ordinary Author: Chris Schumacher, Technical Services Director
Summary Providing a summary of the work activities in the Technical Services Department for the months of December 2017 and January 2018 and including scheduled work for the coming month of February 2018.
Recommendation:
That report item 14.03 is received as information.
Comment
1. UPCOMING/PLANNED WORKS The following works will commence during the month of February 2018:
PARKS AND GARDENS ACTIVITY – Mowing will continue to maintain parks, recreation grounds and cemeteries. Cemetery mowing of all Council Cemeteries will continue and pest management activities are being undertaken to eradicate nuisance pests.
MAINTENANCE GRADING – Dreves Road, Carlwood Road, Lawrence’s Road including culvert clearing and cleaning.
ROADS TO RECOVERY – Campbell’s River Road construction works involve realigning the road at Campbell’s River and Swatchfield Roads intersection.
Arkstone Road works involve a 1km rehabilitation of dilapidated road pavement, widening and application of new bitumen spray seal.
2. WORKS ON LOCAL ROADS, BRIDGES AND PARKS UNDERTAKEN DURING DECEMBER 2017 AND JANUARY 2018
Pothole Repairs – Routine pothole maintenance was completed during the months of December 2017 and January 2018 on Local Roads, Regional Roads and the State Highway.
Cleaning of bridge drainage outlets to ensure road surface water drainage does not build on road pavements.
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3. ACTIONING COUNCIL DECISIONS The actions resulting from previous Council Meetings to be undertaken by the Technical Services Director are summarised:
21 February 2017 ORDINARY COUNCIL MEETING 10 210217 Council consider allocate $15,000 from the 2017/2018 Town Oberon Sports Facilities Improvement Fund in support of 6 signs to facilitate the identification of Committee Meeting Council sporting assets in Oberon, subject to the finalisation of Councils branding strategy plan.
Action: To be reviewed once Oberon Council Branding Strategy completed. 2 May 2017 WORKS COMMITTEE MEETING 03 020517 & 04 020517 That Council use Section 94 rural road funds to seal an additional Bitumen Sealing Of 500m of Carlwood Road on the eastern end under existing pavement. Carlwood Road / Isabella Road Action: Project to be completed November 2017 (Warmer Weather) That Council establish a priority matrix, including the following roads Spring Mount Road, Gingkin Road, (to Gingkin Valley Road), Beaconsfield Road, Carlwood Road, Tilsbury Lane, Emden Vale Road, Faugha Ballaugha, Bosworth Falls Road, Meadows Road and Mozart Road for priority sealing based around vehicle movements, volume of traffic, potential development, cost to upgrade, existing development and other funding sources.
Action: Complete 16 May 2017 ORDINARY MEETING 13 160517 That the matter be deferred to allow further discussion to take place in Council Priority Road relation to the priority road matrix and a further report be provided to Matrix – Bitumen Council. Sealing Program Action: Complete 21 September 2017 ORDINARY COUNCIL MEETING 27 210917 That Council endorse proceeding with the compulsory acquisition of Mayfield Shed – Land Part Lot 7307 DP 1147753 for the purposes of constructing a new Acquisition Rural Fire Shed for the Mayfield Rural Fire Service in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.
Making application to the Minister and the Governor for approval to acquire Part Lot 7307 DP 1147753 by compulsory process under section 186(1) of the Local Government Act 1993.
That the land Part Lot 7307 DP 1147753 is to be classified as operational land.
The commissioning of an acquisition plan and the payment to Crown Lands of compensation as determined by the Valuer General for the acquisition of lands under the Land Acquisition (Just Terms Compensation) Act 1991, as required to formalise the acquisition of land for the purposes of constructing a new Rural Fire Shed for the Mayfield Rural Fire Service.
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That the General Manger and Mayor be authorised to sign all necessary legal and survey documents.
Action: Complete 17 October 2017 ORDINARY COUNCIL MEETING 10 171017 1. Council undertake consultation with the community, including home Sewerage Project – East owners in East Oberon, in accordance with Council’s Community Oberon Reticulation Engagement Strategy and the project document seeking feedback on the Options study for reticulation of the East Oberon project. 2. Council hold a community meeting with residents of East Oberon and potentially affected landowners to allow for the options study to be presented and considered by the community. 3. No decision on the Oberon East Project be considered by Council until after appropriate community consultation being undertaken and the outcomes of that consultation being tabled at a future Council meeting.
Action: In Progress 26 171017 That the Tender from Westrac Pty Ltd to supply a 323 FL Excavator be Tenders – Hydraulic accepted for the tendered price in accordance with the report and the Excavator trade-in from Westrac Pty Ltd of the 2007 Caterpillar 324 DL in accordance with the report be accepted.
Action: Complete 27 171017 That the Tender from Westrac Pty Ltd to supply 1 x CAT 12M Motor Tenders – Motor Grader Grader for the tendered price in accordance with the report and the trade-in from Westrac Pty Ltd of the 2008 Caterpillar 12M Grader in accordance with the report be accepted.
Action: Complete 21 November 2017 ORDINARY COUNCIL MEETING 13 211117 1. Minutes of the Traffic Advisory Local Committee held on 8 TALC Meeting November 2017 are received as information. 2. Council incorporate the proposed items into a Concept Plan for the Dart Street School Zone Parking, as below: a) The No Stopping Zone is to be moved towards the Pedestrian Crossing to reduce the No Stopping distance to 7.5 m. b) The Disabled Parking Zone is to be moved towards the Pedestrian Crossing. Install correct Disabled Zone Parking Stencil on the Road & Install correct Disabled Zone Parking sign. c) The Disabled Ramp is to be extended so that the Ramp goes across the full gap between the posts. d) Install Double Barrier (BB) Lines on the Eastern Side of the Crossing across the Bowling Club Driveway. e) Remove the Green Parallel Parking signs & Install New signs with only the (AM) School Zone drop off Zone Parking restrictions to remain. f) Supplement the Parallel (AM) School Zone Drop Off Zone Area Parking Bays with Perpendicular Lines from the Kerb to mark each parking spot.
Action: In progress Matter ongoing
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12 December 2017 WORKS COMMITTEE MEETING 02 121217 1. Council proceed to engage a formal land valuation, to be Beaconsfield Road – undertaken by an independent registered land valuation agency. land purchase future 2. A report be brought back to Council for determination once a formal road realignment work letter of response/offer has been received from the land owners.
Action: In Progress 03 121217 1. Council Endorse Road Priority Matrix - Option 6 as the ongoing Council Priority Road future Council commitment to extending bitumen seal on current Matrix – Bitumen local unsealed roads of between 1 and 2km per year in Sealing chronological order until all roads have been completed. 2. Budget allocation to continue this work will be sourced from the Roads to Recovery Program on an annual basis.
Action: Complete 06 121217 That the fee associated with the National Heavy Vehicle Regulator road Forestry Corporation assessment component of $860.00 be waived as part of the Fee Waiver application.
Action: Complete 07 121217 That Council has no objection to the closure of these sections of Crown Proposed Road Road, case ID 11/10534, provided that no properties are left without Closures legal and practical access.
Action: Complete 08 121217 That Council write to The Department of Industry Lands and advise it Proposed closure of has no objection to the closure of the unformed Council Road through unformed council road – Lots 11, 12 & 13 DP 774591. Judd’s Creek Action: Complete
4. WORKS FOR ROADS AND MARITIME SERVICES (RMS) During December 2017 Council undertook heavy patching on O’Connell and Duckmaloi Roads. Line Marking on Duckmaloi and O’Connell Roads following the heavy patching and line marking after asphalt works on Oberon Street.
Upcoming works for February 2018 Pavement Surface preparation works on O’Connell Rd and Duckmaloi Rd for resealing works Resealing on O’Connell Road approximately 6.5 Km Resealing on Duckmaloi Road; approximately 2.5 km Line marking on O’Connell Road and Duckmaloi Road
Hartley and forty Bends works; Commencement proposed for Monday 26 February 2018, will be continued over a 4 week period to end of March 2018. Drainage Storm Water Basin Replacement Bitumen Sealing – minor works to driveways and business access. Tree cutting - minor vegetation work. Sign Replacement/Installation work. Project Cost approximately $100,000
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The following works are for the month of March; Trunkey Road MR 54 (Trunkey Village) upgrade proposed commencement March 2018. Upgrading 350 meter length including drainage and piped culvert extension for road widening. Pavement stabilisation and Bitumen spray sealing work. Project Cost $350,000 Routine Maintenance works on Duckmaloi and O’Connell Roads.
5. WORKS ON TOWN IMPROVEMENTS The parks and gardens crews have been mowing and weeding the Oberon, O’Connell, Burraga and Black Springs parks and recreation grounds as well as Oberon, O’Connell, Burraga and Black Springs cemeteries and road verges.
6. ATTENDING EXTERNAL MEETINGS The Technical Services Director attended the following meetings during December 2017 and January 2018:
04/12/2017 Centroc Roads Technical Meeting, Orange 06/12/2017 Meeting with Guardians and RMS re: O’Connell Avenue of Trees, O’Connell 12/12/2017 WaterNSW Operational Forum, Wallerawang 14/12/2017 Final Inspection of O’Connell RFS Shed, O’Connell 14/12/2017 Inspection of School Zone Facilities with RMS, Oberon Public School 24/01/2018 Titania Road intersection, onsite meeting with Downer EDI 24/01/2018 Road Rail Interface Agreements, teleconference.
Notes:
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14.04 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES File No: Governance/Meetings/Ordinary Author: Lynette Safranek, Finance and Community Services Director
Summary This report provides a summary of work within the Finance and Community Services Department during December 2017 and January 2018, plus planned activities for the upcoming months.
Recommendation:
That report item 14.04 is received as information.
Comment
1. PLANNED ACTIVITIES FOR FEBRUARY AND MARCH
Community Coffee with a Cop: 15 February 2018 Police from the Chifley Local Area Command are holding a community “Coffee with a Cop” morning from 9.30am Thursday 15 February 2018 at the Long Arm Farm Café, 133 Oberon Street. This is a great opportunity for members of the Oberon Community to get know your local Oberon and Bathurst Police Officers over a cuppa.
Inaugural Lifestyle and Wellbeing Festival 2018 – 23 March 2018 Incorporating the Seniors Festival (formerly Seniors Week), an Inaugural Lifestyle and Wellbeing Festival 2018 will be held 10am-4pm Friday 23 March 2018 at St Josephs School. There will be various activities to help celebrate this event such as: Stalls and workshops: 10am to 4pm entry via gold coin donation Colour Run for local students: 10.30am at The Common St Joseph students will provide Columbia Homes Village residents with lunch Seniors are invited to attend an afternoon tea at St Josephs School. This event will be organised by community members, St Joseph’s Catholic School, Oberon Council and the Oberon Health Council who are working to bring together a collection of local health options to help raise awareness and availability for community members of all ages. The purpose of this event is to broaden the platform for people to build their knowledge, obtain an understanding of themselves, what a healthy lifestyle can look like, how they can achieve it and to help build and nurture a healthy happy community. Funds raised will be used to purchase essential equipment for residents at Columbia Homes Village.
STATUS OF COUNCIL DECISIONS
Following each Council Meeting the General Manager and Directors review the decisions and agree on a priority for actioning these decisions. Each Director has been requested to provide an update in the Monthly Activity Report, as well as reporting on actions to the General Manager.
Minute Number Summary/Progress 21 June 2016 ORDINARY COUNCIL MEETING 09 10616 Erect a new free standing sign at the Black Springs Community Hall that also incorporates a noticeboard, in consultation with the Black Springs Progress Association.
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F&CS Director attended BSPA meeting to discuss. Quotes being obtained. Matter Ongoing 18 July 2017 ORDINARY COUNCIL MEETING 21 180717 1. Locate a Skate Park within the Oberon Common, and New Skate Park 2. Submit a development application for the new skate park as a pre- Location – Oberon requisite to applying for grant funding for the project. Common Funding to be finalised before DA application – Ongoing 21 November 2017 ORDINARY COUNCIL MEETING 11 211117 That Oberon Council host the NSWPLA Central West Zone Meeting in NSW PLA Central March 2018. West Zone Ongoing 40 211117 1. Approve the submission of an application to the Building Better Regions Building Better Fund requesting a grant of $4.95 million for the Oberon STP and East Regions Fund Oberon Sewerage Project. Application 2. Seek support from both our State and Federal Members for funding through the BBRF to meet the estimated $9.9 million cost of the project. 3. Approve the engagement of AP Sheere Consultants to develop a Cost Benefit Analysis (CBA) and Business Case Study for the quoted fee contained within the report. Business case being prepared ahead of grant submission Completed 19 December 2017 ORDINARY COUNCIL MEETING 12 191217 1. The Minutes of the Community Services Committee Meeting held on 23 Community Services November 2017 be received as information, and Committee Meeting 2. The Traffic Committee is advised of drivers not using the medium strip in Albion Street correctly and report back to the Council on how it can be improved.
17 191217 That Council approve the Equal Employment Opportunity Policy 2121 as EEO Policy 2121 provided to the meeting. Matter complete 19 191217 That Council staff facilitate the hire of toilets and a light tower for use at the Request by Oberon 2018 Oberon Show. Show Society Matter complete 30 191217 That Council write off 200Kl being $584.00 of excess water rates for the Water Write-Off period 1/7/17 – 30/9/17 in accordance with Council’s Policy 2201. Request – Account 12360996 Matter complete 31 191217 1. Write off the residential water and sewer consumption of 58kL, $353.83 Water Write-Off on Assessment 12368465 due to the unforeseen damage sustained Request – Account from the severe frost Saturday 22 July 2017. 12368465 2. Issue a water account to the resident, on historical averages, totalling water and sewer consumption of 4kL each, being $22.81. Matter complete
With respect to outstanding actions from previous Council Meetings the General Manager will review these with the Mayor and the Directors on at least a monthly basis. If any Councillor requires an update on a specific item they should contact the General Manager or the relevant Director, or submit a Councillor Request Form to the Executive Coordinator.
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3. FINANCE
Rates and Charges Following are the Rates and Charges collected during December 2017 and January 2018.
Non- Rural Farmland Residential urban Business Total Residential Centre Brought forward $103,584 $231,014 $30,350 $16,835 $19,972 $401,755 30/06/17 Current Levy $1,917,181 $2,216,940 $621,188 $344,709 $445,837 $5,545,855 Payments, concessions & -$1,191,976 -$1,332,983 -$404,257 -$106,820 -$457,278 -$3,493,313 interest Balance $828,789 $1,114,972 $247,281 $254,724 $8,531 $2,454,297 outstanding Overpayments -$32,573 Legal charges $812 Total rates $2,938,415 outstanding Total collected as 59% 54% 62% 30% 98% 59% at 31 Jan 2018
December and January was a busy period with 31 603 Certificates processed and 7 special water readings.
4. INFORMATION TECHNOLOGY
Out with the old, in with the new A number of older inefficient programs have been replaced with newer ways of doing things. For many years, STARS was used to determine who was in and out of the office. However, this involved people having to remember to manually enter this information. Now we used Cisco Jabber. This program links the phone system to your computer and can immediately tell people if you are in or not. It automatically updates when you log into the network, and will automatically flag you as away if it detects no activity on your phone or PC after a certain amount of time.
The other program to be replaced is the booking program for booking rooms, cars and other Council resources. Previously this was a separate program and so if you were having a meeting, you would invite people in Outlook and then have to book the room in the booking program. This is now all done in Outlook. When you create a meeting invitation you also ‘invite’ the room. The room will tell you if it is busy or not. Everyone has access to the calendars of all the rooms and resources so they easily plan meetings when rooms are available.
A new look Intranet The Council Intranet (our internal website), has not seen a lot of love lately. The content was stale and the program used to update it was clumsy and complicated. The Intranet has now been updated with a new look and the front page is a list of posts that get updated regularly. It is used to post “Did you know?” hints from IT, Good News Week, and WHS tips. An internal events calendar will also be added soon. Our new Communications & Records Officer, will ensure the content is current, relevant and entertaining.
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More protection from summer thunderstorms A power audit of Council sites was conducted and it showed that much of the equipment used to link our sites together, was not protected from blackouts. This is important as our computer and phone systems rely on these links.
An Uninterruptable Power Supply (UPS) can temporarily provide backup power to keep vital equipment running. A number of UPSs have been ordered to be place at strategic sites throughout the Council. They will not only provide power to the communication links but to customer facing PCs such as the front desk and the library. Once installed the major disruptions caused by minor blackouts, will be a thing of the past.
Better value for Council mobiles The contracts for our mobile phones have been renewed giving much better value for money. What’s more, the data is pooled across all Council phones so that chance of exceeding the data limit (and paying excessive charges) is almost eliminated.
The expiration of the old contact meant that Council now owns those handsets and only those that need replacing are being replaced. This not only saves Council thousands of dollars a year, but reduces the amount of e-waste we produce.
A review of our landlines is underway, including investigations into connecting to the NBN.
Black Spring and Burraga residents want better mobile phone coverage! In December Council conducted a survey of residents in Black Springs and Burraga to determine the extent of usage of computers and mobile phones in homes and businesses. The purpose of the survey was to determine the latent demand for services which could be used as information to provide to telecommunications companies or to the government when applying for grants.
Residents were given the opportunity to respond to the survey online or on paper, and the response was beyond expectations. In Burraga, 56% of households and businesses responded, whereas in Black Springs it was an astounding 88%.
The survey showed that mobile phone and internet access was generally poor in these areas but the demand for it was great, particularly among businesses. A large majority of farms in these areas have adopted smart farming techniques which benefit greatly from better digital connections.
5. COMMUNITY SERVICES
Centacare Wellness Space Council are pleased to be working with Centacare to assist with a facility for Family Mental Health Support Service in Oberon. This program provides support for young people who are at risk of, or showing early signs of Mental Health issues and their families.
Oberon Rotary and OYC Youth Workshop Initial discussions were held on 1 February 2018 between Oberon Rotary, Oberon Council staff and the Oberon High School on how we could bring the youth within the Oberon LGA together for a 2 day session focusing on citizenship, leadership and personal development. More information will be provided as the Oberon Youth Council and Oberon Rotary develop a program with the assistance, and for, local youth.
Welcome to Oberon Deputy Mayor Kerry Gibbons, Community Services staff, and community groups hosted the Welcome to Oberon 2017. There were 12 new
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residents attend, with 10 community groups; Rotary Club, Men’s Shed, LiveBetter, FOOLS, OBTA, Neighbourhood Centre, U3A, Rugby League and Gardening Club to provide information regarding their club or group. Kerry Gibbons gave a wonderful talk to welcome the residents and inform them about events and localities within the Oberon LGA. He invited members from each groups to talk, as well as a few new residents who spoke highly of Oberon and are looking forward to settling in our community.
Oberon Library During December and January we issued 3,828 articles, 1,515 returns and 8 inter library loans. The public computer internet use had a spike due to the amount of children using the Library computers and WiFi during the school holiday period. We had a total of 395 uses on the public computers.
While visitor numbers in December were low, January was a record with 2,575 visitors to the Library. A part of this was the attendance at the STEM program.
Unfortunately, Council’s part time Library Assistant accepted a position with the Bathurst Library in early January. Recruitment commenced immediately with a good response. Interviews are scheduled for Tuesday 20 January 2018. In the meantime, Community Services Staff and casual staff are ensuring the Library not only remains open but continues to function effectively.
On Thursday 7 December 2017 the library held a launch of the E-Platform and Community Calendar.
January STEM School Holiday Activities We held a successful STEM school holiday program held at the back of the Library. We had a fantastic two weeks of hands on science experiments for school aged students under the marquee. The theme for the January school holidays was “STEAM into STEM these holidays”. STEM stands for Science, Technology, engineering and mathematics. A total of 40 children attended the 5 sessions. The children participated in a range of experiments such as, Slime, Exploding Lunch Bags, Elephants toothpaste, lava cups, balloon rockets, blobs in a bottle and much much more!
Not all the experiments worked which showed the students that science is not exact but the ones that did were spectacular. A huge thank you to Tamara for doing the experiments and entertaining the children, as well as FOOLS members Kathy Sajowitz and Lyndle Hawkes for helping out, and the outdoor staff who not only put up the marquee but came to fix it a couple of times due to winds.
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Summer Reading Program The Summer Reading Program received 34 entries with many books read. A few children and adults attended the afternoon tea at the library on 23 January. Books Plus vouchers and an electronic reader were the prizes. Thank you to the Friends of the Oberon Library for their donation to support this event.
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Oberon Youth Council The OYC held a Community Movie Day on Saturday 20 January at the Oberon High School Hall. They chose 3 movies aimed at different age groups; Trolls for the juniors, Fantastic Beasts and Where to find them for the youth, and Driving Miss Daisy for the seniors. Due to the extreme heat, it was a very disappointing day with only four community members attending, two at the first session and two at the last.
Future Events/Activities Author talks in the Library with Amy Curran during February (dates to be confirmed) Oberon Youth Council meeting – 28 February 2018 International Women’s Day Mayoral Lunch – 8 March 2018 Lifestyle and Wellness Festival – 24 March 2018
Notes:
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14.05 STATEMENT OF INVESTMENTS File No: Financial Management/Investments/Register Author: Lisa Koleda, Management Accountant; Lynette Safranek, Finance & Community Services Director
Summary Reporting the Statement of Investments as at 31 January 2018.
Recommendation
That report item 14.05 is received as information.
Comment Interest accrued on active investments for the months of December 2017 and January 2018 came to $55,246, with an average interest rate of 2.74% performing above the 90 day Bank Bill Swap Rate of 1.79% for December 2017 and 2.96% above 1.77% for January 2018. Current interest accrued at the end of January 2018 on active Term Deposits sits at $122,773. Interest receipted for the month of December 2017 was $45,000, with January 2018 being $12,128 on matured Term Deposits. Total year to date interest receipted on matured investments is $179,629. This includes quarterly interest receipts for three individual 5 year floating term deposits with CBA, which mature in 2021.
The Reserve Bank of Australia has left the cash rate unchanged at 1.50% at its meeting on 6 February 2017. There was a broad base pick up in the global economy in 2017 being due to a rise in oil and other commodity prices over recent months. Business conditions are positive with the non-mining business investment area showing improvement. Public infrastructure investing has increased which is helping support the economy. Low level of interest rate continues to support the Australian economy.
While reviewing Council’s investment policy, Council staff though it appropriate to provide a brief note on cryptocurrencies, which has emerged as a side product of digital cash. There has been major global interest particularly in Bitcoin. Banks, governments and many businesses are aware of its future importance. While it’s still fairly new and unstable, cryptocurrency is definitely gaining momentum and will certainly have more ‘normal’ uses in the next few years.
The graph below shows a stabilisation for BBSW rates over the past few months. Continuation of long term lending regulations placed on banks has seen them make a shift towards paying higher interest rates on 2 to 5 year term deposits. Oberon Council Annualised Monthly Return vs 90 Day BBSW
5.00% 4.00% 3.00%
2.00% 17/18 90 Day BBSW 1.00% 17/18 TD % Monthly Return 16/17 90 Day BBSW
0.00% 16/17 TD % Monthly Return
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At 31 January 2018 $12,300,000 was invested, as shown in the following Statement. Total cash at call being $12,648,229.78
Date of Interest Date of Institution Investment rate Maturity Value Cash at Call CBA Business Online Saver 155,147.07 CBA Business At Call 169,807.47 NAB Business Online Saver 23,275.24
Total 348,229.78
Active Term Deposits ME Bank 18/05/2017 2.65% 20/02/2018 500,000.00 Bank of Queensland 23/05/2017 2.65% 20/02/2018 500,000.00 Defence Bank 27/10/2017 2.60% 27/04/2018 500,000.00 Bank Australia 21/11/2017 2.65% 22/05/2018 500,000.00 AMP Bank 28/08/2017 2.60% 28/05/2018 500,000.00 AMP Bank 31/05/2017 2.60% 31/05/2018 500,000.00 Bank of Australia 6/09/2017 2.80% 6/06/2018 500,000.00 Bank of Australia 7/09/2017 2.80% 6/06/2018 500,000.00 Reliance Credit Union 7/06/2017 2.70% 7/06/2018 500,000.00 Intech Bank Ltd 14/06/2017 2.85% 14/06/2018 1,000,000.00 Bank of Queensland 26/07/2017 2.70% 26/07/2018 1,000,000.00 Family First CU 7/08/2017 2.75% 7/08/2018 500,000.00 ME Bank 30/11/2017 2.60% 30/08/2018 500,000.00 Bank of Queensland 3/01/2018 2.60% 2/10/2018 500,000.00 Beyond Bank Australia 9.01.2018 2.60% 9/10/2018 500,000.00 Family First CU 22/11/2017 2.75% 22/11/2018 500,000.00 ME Bank 30/11/2017 2.60% 30/11/2018 500,000.00 Bank of Queensland 7/09/2017 2.85% 6/09/2019 500,000.00 ING Bank 01/12/2017 2.90% 2/12/2019 500,000.00 Commonwealth Bank (5yr TD) 30/06/2016 2.79% 30/06/2021 500.000.00 Commonwealth Bank (5yr TD) 17/08/2016 2.79% 17/08/2021 800,000.00 Commonwealth Bank (5yr TD) 31/08/2016 2.79% 31/08/2021 500,000.00 Total $12,300,000
Total Cash at Call $12,648,229.78
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Investment movements in December 2017 saw the maturity of two investments one being for Auswide and the other for Family First CU, January 2018 saw the maturity of two investments, being for Beyond Bank Australia and Reliance CU.
Date Maturity Interest Institution invested Rate date Amount earned Auswide 13/12/2016 3.00% 31/12/2017 1,000,000.00 30,000.00 Family First CU 21/12/2016 3.00% 21/12/2017 500,000.00 15,000.00 Beyond Bank Australia 4/07/2017 2.70% 9/01/2018 500,000.00 6,990.41 Reliance CU 3/10/2017 2.70% 29/01/2018 500,00.00 1,715.75 Total Interest earned $53,706.16
In December 2017 and January 2018, the following three (3) new deposits were placed:
Date of Interest Date of Institution Investment rate Maturity Value ING Bank 1/12/2017 2.90% 2/12/2019 500,000.00 Bank of Queensland 3/01/2018 2.60% 2/10/2018 500,000.00 Beyond Bank Australia 9/01/2018 2.60% 9/10/2018 500,000.00 Total $1,500,000.00
I certify that the investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulations 2005, and Council's Investments Policy.
Lynette Safranek Responsible Accounting Officer
Notes:
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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
14.06 GRANTS MONTHLY UPDATE File No: Governance/Grants/ February 2018 Author: Gillian Salmon, Grants Coordinator; Lynette Safranek, Finance & Community Services Director
Summary This report provides a summary of Grant Funding applications and submissions, both internal and external, during December 2017 and January 2018
Recommendation
That report item 14.06 is received as information.
Comment
1. GRANT APPLICATIONS FUNDING NOTIFICATIONS a) Community Welcomes Recreation Vehicles Councils application to the Caravan and Camping Industry Association’s NSW Community Welcomes Recreation Vehicles program was successful. Oberon’s tourist profile including a list of tourist facilities will shortly be posted on the Association’s website and Oberon Welcomes Recreation Vehicles signs will be erected at the main entrances into town. b) Community Building Partnerships The 2017 Round of the State Government’s Community Building Partnerships Programme delivered through Paul Toole’s Office were announced in late 2017. Four community organisations from the Oberon Local Government Area were successful: Oberon RSL Sub Branch $20,000 towards the Military Museum Extension Project Oberon Golf Club $15,000 for the Golf Carts Pathways Project Oberon Men’s Shed $12,300 for an all weather awning at the Men’s Shed Rotary Club of Oberon $14,800 towards their Viewing Platform and Disabled Access at the Rotary Lookout at Falls Hill.
Congratulations to these community groups. It is wonderful to see Oberon receive over 20% of the $300,000 funding awarded to projects in the Bathurst Electorate. This is great result for the Oberon Community. c) Safe & Secure Water Program (SSWP): Oberon & East Oberon Sewerage Scheme Council have been advised that this project was assessed by the SSWP Technical Review Panel on 8 December 2017 and considered eligible to proceed to the next stage of the assessment process, i.e. submission of a Business Case for detailed application assessment. The invitation for submission of a detailed application is valid for 12 months. The business case will highlight preparatory planning such as project alignment with Strategic Planning and the options assessment prepared by ARUP consultants d) Seniors Week 2018 Unfortunately Council’s application for the Seniors Festival Grant 2018 grant for the proposed Healthy, Active, and Accessible Living for Seniors Expo was unsuccessful. The 2018 Seniors Festival will be held from 4-15 April and this year’s theme is “Let’s do more together”.
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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
e) Regional Cultural Fund EOI Council’s Expression of Interest for funding from the State Government’s Regional Cultural Fund for the Community Hub project was unsuccessful. The assessment panel found that Council’s application did not meet the economic assessment and affordability criteria to a sufficient standard and these areas should be addressed before submitting the application in a future round.
Additional feedback from the Department of Planning & Environment staff indicated that the application contained good information about the outcomes of the project. The application would be strengthened by a more detailed budget with a break down of cost items supported by detailed quotes. Amalgamated quotes or broad cost estimates do not provide sufficient evidence for the RCF application process. Quantitative evidence of how the project will have flow on benefits for regional cultural activity including the number of people who will visit the Community Hub for arts activities is also required.
The next round of the RCF is expected to open mid year. Council have been encouraged to reapply and to address the above points in their application.
2. GRANT APPLICATIONS SUBMITTED a) Building Better Regions Fund An application for the remaining $4.95 million to fund the upgrade of the Oberon Sewerage Treatment Plant and the East Oberon Sewerage Extension was submitted to the Federal Government’s Building Better Regions Fund on 19 December 2017.
Increasing the capacity of the STP will support the continuing expansion of the State significant timber mill complex in Oberon. A new sewerage treatment plant will cater for increased demand for both trade waste water and residential sewerage services, enabling new residents, businesses and services to establish in Oberon with appropriate safe and secure sewerage services.
The Economic Development benefits of this project was emphasised in the application and supported by an independent business case study and cost benefit analysis prepared by consultants A.P Sheere Consulting.
The application received strong support from Andrew Gee Federal MP, Paul Toole State MP, Oberon Business and Tourism Association, Centroc, the Environmental Protection Authority and Regional Development Australia- Central West b) Local Sport Defibrillator Program An application was submitted on behalf of the Oberon Golf Club to the NSW Local Sport Defibrillator Grant Program to purchase a mobile Automatic External Defibrillator (AED) for use at the Oberon Golf Course. c) Stronger Country Communities As of 7 February 2018 no announcements have been made about the status of the SCCF applications. Round 2 of this fund is expected to open in early 2018. The table below provides details of applications submitted.
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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
Grant Council Details/Description Submitted Applicant Amount Contribution Status Project requested 18 Oct 2017 Skate Park at Oberon Oberon Council $500,000 $29,505 Pending Common 18 Oct 2017 Village Playground and Oberon Council $100,000 $9,937 Pending Park Renewal 18 Oct 2017 BBQs on the Fish Oberon Council $105,000 $5,421 Pending 18 Oct 2017 Footpaths to Fitness Oberon Council $150,000 $25,609 Pending 18 Oct 2017 Covered Grandstands at Oberon Council $130,000 $8,663 Pending Oberon Recreation Ground 18 Oct 2017 Infrastructure Oberon Golf Club $110,000 $5,369 Golf Pending Improvements at Oberon Club funds Golf Course
The following tables summarise the status of current grant applications.
External Grants Grant Submitted Details/Description of Project Grant Program Status Amount 9 Aug 2017 Oberon Golf Club Cement Golf Community Building $48,505 Partial Funding Cart Paths Partnerships $15,000 4 Sep 2017 Skoda and Tatra Museum Shed Regional Cultural Fund $93,307 Unsuccessful (Medium Scale) EOI 4 Sep 2017 Oberon RSL Sub Branch Military Regional Cultural Fund $50,000 Unsuccessful Museum Extension (Small Scale) EOI 20 Dec 2017 Oberon Golf Club Defibrillator Local Sport $1,300 Pending Defibrillator Grant Program
Internal Grants Grant Submitted Details/Description of Project Grant Program Status Amount 27 July 2017 New Mural at Oberon Pool Country Arts Supports $3,000 Pending Programme 14 Aug 2017 Safety Infrastructure Safer Roads $300,000 Pending Abercrombie Rd Programme 01 Sep 2017 Widening and Upgrade of The Fixing Country Roads $1,250,000 Successful Meadows Road and Hazelgrove Programme Road 01 Sep 2017 Widening and upgrade of Fixing Country Roads $1,125,000 Unsuccessful Shooters Hill Road Gurnang Programme 4 Sep 2017 Oberon Community Hub Regional Cultural Fund $577,851 Unsuccessful EOI (Medium Scale) 8 Sep 2017 Healthy, Active, Accessible NSW Seniors Festival $1,000 Unsuccessful Living for Seniors 2018 30 Oct 2017 Upgrade to Oberon STP and Safe and Secure $2,475, 000 Invitation to East Oberon Sewerage Project Water EOI proceed to full application stage
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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
10 Nov 2017 Spydus Library Management Public Library $128,000 Pending System Infrastructure Grants 24 Nov 2017 Library Subsidy and Subsidy State Library Subsidy $26,985 Successful Adjustment and Subsidy ($5,393.40 Adjustment Library for Spydus) October 2017 Community Welcomes Caravan and Camping Inkind Successful Recreational Vehicles signage Industry Association’s signage & and website promotion NSW Community website Welcomes Recreation advertising Vehicles program
3. LETTERS of SUPPORT
A letter of support was provided to the Oberon RSL Sub Branch Military Museum for an application to the Armistice Centenary Grants Program to construct a display in their museum depicting life in the First World War trenches and the light horse campaigns in the Middle East.
4. GRANT PROJECT IMPLEMENTATION a) Fixing Country Roads R1- Beaconsfield and Sewell’s Creek Rd The sealing of the section of Sewell’s Creek Road near the Mayfield Road intersection has been completed. A finalisation report can now be submitted to RestartNSW for this project. b) Digital Demand Assessments for Black Springs and Burraga Building the Case for Better Telecommunications Surveys have now been completed. The final report provides a strong case for installing infrastructure to improve mobile phone and internet connections in and around Black Springs and Burraga.
5. GRANT APPLICATIONS IN PROGRESS a) Public Reserves Management Fund Program 2018-19 The NSW Department of Industry Public Reserves Management Program opens on 5 February 2018. An application is being prepared to develop a primitive camping area at the Reef Reserve, in accordance with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.
Notes:
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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
14.07 WATER AND SEWER PLANT REPORT File: Governance/Meetings/Ordinary Author: Chris Schumacher, Technical Services Director and Richard Robinson, Sewer & Water Plant Operator.
Summary This report provides a summary Water & Waste Water Activity for the month of December 2017 and January 2018.
Recommendation:
That report item 14.07 is received as information.
Comment FOLLOWING WaterNSW Lake Oberon and Duckmaloi Weir Water Quality Report dated 24 January 2018.
1. WEEKLY OBERON DAM LEVELS DECEMBER 2017 AND JANUARY 2018 The following is a weekly dam level recording at Oberon Dam for the months OF December 2017 and January 2018, information supplied by State Water:
04/12/2017 79.5 % 11/12/2017 79.3 % 18/12/2017 78.6 % 25/12/2017 77.7 % 01/01/2018 76.8 % 08/01/2018 76.0 % 15/01/2018 75.1 % 22/01/2018 74.1 % 29/01/2018 73.4 %
2. WATER CONSUMPTION FROM WATER NSW DECEMBER 2017 AND JANUARY 2018
01/12/2017 – 07/12/2017 = 10.4 ML 08/12/2017 – 14/12/2017 = 12.4 ML 15/12/2017 – 21/12/2017 = 11.9 ML 22/12/2017 – 31/12/2017 = 11.5 ML
Total for December 2017 = 46.2 ML
01/01/2018 – 07/01/2018 = 10.7 ML 08/01/2018 – 14/01/2018 = 12.5 ML 15/01/2018 – 21/01/2018 = 14.8 ML 22/01/2018 – 31/01/2018 = 20.4 ML
Total for January 2018 = 58.4 ML
104.6 ML of raw water for December 2017 and January 2018 was consumed from Water NSW.
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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
The December 2017/January 2018 Average Daily Consumption for Oberon Township was 104.6 ML/62 Days = 1.69 ML p/d Note: The Average Daily Water Consumption trend has been 1.60ML p/d
3. WATER & SEWERAGE FAULTS Council received no reports of discoloured and dirty water during the months of December 2017 and January 2018.
4. SEWER PLANT – WEEKLY PLANT kL INTAKE FOR TREATMENT OF WASTE WATER
01/12/2017 – 07/12/2017 = 8304 kL 08/12/2017 – 14/12/2017 = 4638 kL 15/12/2017 – 21/12/2017 = 6211 kL 22/12/2017 – 31/12/2017 = 7254 kL
Total for December 2017 = 26407 kL
01/01/2018 – 07/01/2018 = 4678 kL 08/01/2018 – 14/01/2018 = 5280 kL 15/01/2018 – 21/01/2018 = 4682 kL 22/01/2018 – 31/01/2018 = 6647 kL
Total for January 2018 = 21287 kL
Total Waste Water volume into Oberon STP during December 2017 and January 2018 was 47694 kL
5. PLANT FAULTS
Water Treatment Plant Backup battery for SCADA computer failed causing SCADA shutdowns – a new battery backup has been installed.
Telemetry system has had some intermittent signal dropouts - possibly caused by another antenna that has been installed on the raw water pump building at Oberon Dam. Staff have lowered the Council antenna and have a slightly better signal so a larger antenna has been ordered which should overcome the dropouts. When there is a dropout either the raw water pumps stays on and overflows our process tank or our water plant cannot call the raw water pumps to turn on.
Ongoing blower trip problem may have been solved – looks like a contactor had burnt out slightly, will continue to monitor.
Manganese levels have been raised due to a changed draw point from Oberon dam, levels had rose from 0.100mg/l – 0.550mg/l.
Water NSW since have selected another draw point which has seen levels return to under 0.200mg/l which we are currently dosing Permanganate to remove.
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Waste Water Clarifier wheels had worn out to a point that the clarifier platform had got stuck on the runway. Local engineering shop sourced and made new parts and workshop reinstalled all parts. The clarifier is now running well.
6. PLANT UPGRADES AND PREVENTAIVE MAINTENANCE PROGRAM
Water Preventative maintenance on all pumps. Online instruments all calibrated.
Waste Water Trickling filter arms have been cleaned of rubbish and greased. Preventative maintenance on all pumps around the site. Drained clarifier while not in service to check scrapers on the bottom of the tanks – everything was fine.
Pump Stations All pumps stations have been checked and no faults recorded. We have ordered a new safety grate and lid system for SPS1 which was advised by Department of Primary Industries, this will minimise the risk of staff and contractors falling into the wet well
Notes:
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Lake Oberon and Duckmaloi weir Water Quality Report – 24th January, 2018
WaterNSW Lake Oberon and Duckmaloi Weir Water Water Quality Report
24th January 2018
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Page 167 Lake Oberon and Duckmaloi weir Water Quality Report – 24th January, 2018 Sample dates: 8th January, 2018 (DOBR01, DDUC01), 17th January, 2018 (DOBR01/DOBR04) Report date: 24th January, 2018 Prepared by: Dane Clarke (Water Quality Science - Projects), phone: (02) 9865 2559. Other contact: Dave Tomlinson (Water System Operations Manager Greater Sydney). Phone: (02) 9865 2495 or 0403 891 448.
Background
WaterNSW conducts water quality monitoring in Lake Oberon and Duckmaloi weir for operational decision making. Lake sampling is conducted monthly near the valve tower (DOBR01), at the inlet to the Duckmaloi Water Filtration Plant (DOBR04) and in Duckmaloi weir (DDUC01). In addition, non-routine (special) monitoring may be conducted to target identified risks or provide further information for lake management.
This report collates data from field sampling, laboratory analysis and in-situ instruments, with routine sampling conducted at DOBR01, DOBR04 and DDUC01.
Proposed Actions
Due to elevated cyanobacteria at Oberon and continued drawdown, the risk of potentially toxic species reaching the inlet to Duckmaloi WFP is increased. Consideration should be given to moving the upper outlet down following results from 22/01.
Actions and Special Monitoring
A weekly monitoring program at Duckmaloi weir is currently being undertaken to further characterise water quality in the weir.
Weekly algal sampling is in place at DOBR01 and DOBR04 following elevated cyanobacteria concentrations with the presence of potentially toxic taxa Radiocystis sp.
Configuration
Lake Oberon supplies raw water to the chlorinator beneath Oberon Dam. Chlorinated water is supplied to both Oberon Council and the Duckmaloi Water Filtration Plant.
As at 23rd January, 2018 - Lake Oberon water storage is 3.05 m below FSL (74% water available).
Screen status for supply to Oberon Council and Valve 6 Valve 5 Valve 4 Duckmaloi WFP Screen Level From FSL (m) 6.94 9.84 12.78 Screen Level From Surface (m) 4.89 7.79 10.73
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Page 168 Lake Oberon and Duckmaloi weir Water Quality Report – 24th January, 2018 Observations
Stratification is well established in the lake with anoxic conditions now present from 17 metres below FSL. The frequency and intensity of thermocline oscillations has decreased with the profile becoming more stable facilitating decreases in turbidity.
Small concentrations of indicator bacteria (total coliforms and E. coli) have been noted at all depths but do not represent a risk to water treatment.
Colour has further stabilised dropping 2-5 CU420nm, recording 23-25 CU420nm throughout the profile.
Carbon levels have increased slightly from last month with concentrations currently ranging from 6.7 – 7.3 mg/L.
Following storm forced mixing last month metal concentrations in surface layers have decreased. Manganese has further increased in the anoxic zone recording 2.37 mg/L. These elevated concentrations have pushed upward in the profile recording 0.128 mg/L at the bottom of the current outlets (12 m). Iron concentrations have decreased throughout the profile recording 0.05 – 0.13 mg/L.
Phosphorus and oxidised nitrogen concentrations remain elevated in the bottom waters, however increases were not observed. Ammoniacal nitrogen which can be available for algal growth has also increased in the bottom waters and moved upwards in the profile.
Algal sampling for 08/01 saw the potentially toxic Radiocystis sp. increase at the dam site (OOBR01) to ~40 000 cells/mL. The taxa was not detected at the inlet to plant (DOBR04).
At Duckmaloi Weir an increase in total coliforms, 19,000 cfu/100mL, was recorded. Colour and iron were also elevated while manganese and nutrient concentrations remain relatively low. A trace detection of arsenic (0.001 mg/L) was recorded, below the ADWG health guideline of 0.01 mg/L.
Outlook
The zone of deoxygenation of the hypolimnion will continue and, if mixing events continue due to storm activity, generate vertical transport of reduced iron, manganese and nutrients. An increasing biotic response due to available nutrients in the next month or two remains likely.
As drawdown continues algal concentrations in the epilimnion will encroach on the current outlets. If the potentially toxic Radiocystis sp. persists in the algal assemblage the risk to supply will increase.
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Page 169 Lake Oberon and Duckmaloi weir Water Quality Report – 24th January, 2018 Water Column Profiles
For Site DOBR01: Lake Oberon – Station 1: 17-01-2018. Previous date: 13-12-2017.
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Page 170 Lake Oberon and Duckmaloi weir Water Quality Report – 24th January, 2018 Seasonal plots
90 day data provided by the vertical profiler in Oberon Dam. Note sensor recalibrations appear as collective shifts in the data.
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Page 171 Lake Oberon and Duckmaloi weir Water Quality Report – 24th January, 2018 Water Quality Data Tables
Site DOBR01 (Station 1) – 17th January. Shaded area denotes offtake height.
Sample ID 318000373 318000374 318000375 318000376 318000377
Depth/Location 0 6 12 18 24 Sample Type Routine Routine Routine Routine Routine Coliforms Total (cfu/100mL) 220 120 71 41 23
E. coli (orgs/100mL) 1 <1 1 <1 1
Iron Filtered (mg/L) 0.03 0.03 0.02 0.02 0.01
Iron Total (mg/L) 0.12 0.13 0.07 0.05 0.09
Manganese Filtered (mg/L) <0.001 <0.001 0.059 0.451 2.31
Manganese Total (mg/L) 0.043 0.046 0.128 0.546 2.37
Total Organic Carbon (mg/L) 6.8 7.3 6.9 6.7 6.8
Nitrate as N <0.002 <0.002 0.118 0.262 0.185
Nitrite as N <0.002 <0.002 <0.002 <0.002 <0.002
Nitrogen Ammoniacal (mg/L) 0.007 <0.005 0.031 0.079 0.192
Phosphorus Total (mg/L) 0.018 0.016 0.014 0.028 0.059
Silicate Reactive (SiO2 mg/L) 1.76 1.79 2.12 2.89 3.37
Silicon (SiO2 mg/L) 2.2 2.2 2.4 3.3 3.9
Alkalinity (mgCaCO3/L) 34 35 34 36 40
Total Hardness (mgCaCO3/L) 29 29 29 29 29 True Colour at 420nm 23 24 24 25 25
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Page 172 Lake Oberon and Duckmaloi weir Water Quality Report – 24th January, 2018 Site DDUC01 - Duckmaloi Weir – 8th January.
Sample ID 318000000
Sample Type Routine
Coliforms Total (cfu/100mL) 19000
E. coli (orgs/100mL) <100 Antimony Total (mg/L) <0.001
Arsenic Total (mg/L) 0.001
Barium Total (mg/L) 0.023 Boron Total (mg/L) <0.05
Cadmium Total mg/L <0.0001
Chromium Total mg/L <0.001 Cobalt Total (mg/L) <0.001
Copper Total mg/L 0.002
Lead Total (mg/L) <0.001 Mercury Total (mg/L) <0.0001
Molybdenum Total (mg/L) <0.001
Nickel Total (mg/L) 0.002 Selenium Total (mg/L) <0.2
Silver Total (mg/L) <0.001
Vanadium Total (mg/L) <0.01 Zinc Total (mg/L) 0.016
Aluminium Total (mg/L) 0.04
Bromide 0.022 Calcium Filtered (mg/L) 5
Iron Total (mg/L) 1.31
Magnesium Filtered 4 Manganese Total (mg/L) 0.138
Potassium Filtered (mg/L) 2
Sodium Filtered (mg/L) 5
Chloride (mg/L) 5
Fluoride mg/L 0.042
Iodide (mg/L) <0.010 Sulphate (mg/L) <1
Total Organic Carbon (mg/L) 6.8
Nitrate as N 0.012 Nitrite as N <0.002
Nitrogen Ammoniacal (mg/L) 0.175
Phosphorus Total (mg/L) 0.043
Silicate Reactive (SiO2 mg/L) 4.61
Alkalinity (mgCaCO3/L) 42
Bicarbonate alkalinity 42 Total Dissolved Solids (mg/L) 72
Total Hardness (mgCaCO3/L) 29
True Colour at 420nm 84 Turbidity Field (NTU) 4
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Page 173 Lake Oberon and Duckmaloi weir Water Quality Report – 24th January, 2018 Algal Reports
Site DOBR01 (Station 1) – 8th January Surface Sample
Lims: 505209446 Date Sampled: 08-Jan-2018 Chlorophyll-a (ug/L): Site: DOBR01 Oberon Station 1 Depth (m): ASU Biovolume Cells/mL Significance Pot. Toxic? TAXA ASU/mL mm3/L Cyanophyta (Blue green) Aphanothece - sp. 34300 No 0 0.069 Cyanogranis - sp. 8400 No 17.6 0.004 Radiocystis - sp. 40700 Yes 0 0.611 Subtotal 83400 17.6 0.684 Cryptophyta (brown to olive green) Chroomonas - sp. 75 Common after flood No 13.5 0.022 Subtotal 75 13.5 0.022 Bacillariophyta (Diatom) Acanthoceras_(=Attheya) - sp. 25 Filter clogging No 75.8 0.389 Urosolenia - sp. 25 Filter clogging No 12.8 0.021 Subtotal 50 88.5 0.41 Chlorophyta (Green) Chlorella - sp. 100 No 0 0 Staurastrum - sp. 50 No 12.9 0.05 Subtotal 150 12.9 0.05 ASU Biovolume Cells/mL Totals ASU/mL mm3/L Total Microalgae 83675 132.5 1.165 Total Cyanophyta 83400 17.6 0.684 Pot. Toxic Cyanophyta 40700 0 0.611
Site: DOBR04 (Inlet to WFP) – 8th January Tap Sample. Note: Results reflect offtake height and are post chlorination
Lims: 505209600 Date Sampled: 08-Jan-2018 Chlorophyll-a (ug/L): Site: DOBR04 Oberon Storage Depth (m): ASU Biovolume Cells/mL Significance Pot. Toxic? TAXA ASU/mL mm3/L Cyanophyta (Blue green) Aphanothece - sp. 56000 No 0 0.112 Dolichospermum - circinale 60 Potentially toxic, taste & odour Yes 5.3 0.01 Subtotal 56060 5.3 0.122 Cryptophyta (brown to olive green) Chroomonas - sp. 175 Common after flood No 31.5 0.051 Cryptomonas - sp. 25 Common after flood, Taste & Odour No 4.9 0.011 Subtotal 200 36.4 0.061 Chlorophyta (Green) Closterium - sp. 25 No 250.8 0.362 Staurastrum - sp. 100 No 25.7 0.1 Subtotal 125 276.6 0.462 ASU Biovolume Cells/mL Totals ASU/mL mm3/L Total Microalgae 56385 318.2 0.645 Total Cyanophyta 56060 5.3 0.122 Pot. Toxic Cyanophyta 60 5.3 0.01
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Page 174 Lake Oberon and Duckmaloi weir Water Quality Report – 24th January, 2018 Site: Duckmaloi Weir (DDUC01) – 8th January surface sample
Lims: 318000000 Date Sampled: 08-Jan-2018 Chlorophyll-a (ug/L): Site: DDUC01 Duckmaloi Depth (m): 0 ASU Biovolume Cells/mL Significance Pot. Toxic? TAXA ASU/mL mm3/L Cyanophyta (Blue green) Chroococcus - species1 140 No 1.8 0.001 Pseudanabaena - sp. 1263 No 18.1 0.011 Subtotal 1403 19.9 0.012 Chrysophyta (Golden brown) Chrysochromulina - sp. 70 potentially ichthyotoxic - (?) toxic to fish No 2.8 0.003 Mallomonas - akrokomos 70 No 14.3 0.017 Mallomonas - species1 157 No 52.6 0.132 Synura - sp. 211 Taste & Odour No 71.7 0.151 Subtotal 508 141.5 0.303 Cryptophyta (brown to olive green) Chroomonas - sp. 211 Common after flood No 38 0.061 Cryptomonas - sp. 3158 Common after flood, Taste & Odour No 616.8 1.334 Subtotal 3369 654.7 1.395 Bacillariophyta (Diatom) Cyclotella - sp. 70 Filter clogging No 4.2 0.011 Subtotal 70 4.2 0.011 Dinophyta (Dinoflagellate) Encysted dinium - sp. 17 No 12.4 0.016 Peridinium - species1 87 No 47.5 0.202 Subtotal 104 59.9 0.219 Euglenophyta (green) Euglena - sp. 70 Discolouration of w ater No 106 0.477 Trachelomonas - sp. 315 Common after flood No 211.1 0.755 Subtotal 385 317.1 1.232 Chlorophyta (Green) Ankistrodesmus - sp. 421 No 71.6 0.012 Ankyra - sp. 1614 No 327.6 0.404 Chlamydomonas - sp. 211 Taste & Odour No 19 0.026 Crucigenia - sp. 1193 No 9.5 0.023 Dictyosphaerium - sp. 281 No 8.4 0.005 Kirchneriella - sp. 281 No 28.6 0.02 Oocystis - sp. 358 No 35.8 0.042 Pediastrum - sp. 561 No 115 0.194 Scenedesmus - species1 351 No 66.3 0.002 Sphaerocystis - sp. 70 No 5.6 0.009 Staurastrum - sp. 70 No 18 0.07 Subtotal 5411 705.6 0.805 ASU Biovolume Cells/mL Totals ASU/mL mm3/L Total Microalgae 11250 1902.8 3.976 Total Cyanophyta 1403 19.9 0.012 Pot. Toxic Cyanophyta 0 0 0
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Page 175 Oberon Council - Agenda and Business Papers – Ordinary Meeting – 20 February 2018
15. URGENT BUSINESS
Summary In accordance with Clause 241 of the Local Government (General) Regulations 2005 business may be transacted at a meeting of Council even though due notice of the business has not been given to the Councillors. However, this can happen only if:
a) A motion is passed to have the business transacted at the meeting: and b) The business proposed to be brought forward is ruled by the Chairperson to be of great urgency.
Recommendation:
That Council consider the following matters as they are considered to be of an urgent nature requiring immediate consideration by Council
16. CLOSED SESSION / CONFIDENTIAL REPORTS Summary 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 part of the meeting closed to the media and public.
Set out below is Section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting. The matters and information are the following: (a) Personnel matters concerning particular individuals (other than Councillors) (b) The personal hardship of any resident or ratepayer (c) Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business (d) Commercial information of a confidential nature that would, if disclosed: (i) Prejudice the commercial position of the person who supplied it, or (ii) Confer a commercial advantage on a competitor of the Council, or (iii) Reveal a trade secret (e) Information that would, if disclosed, prejudice the maintenance of law (f) Matters affecting the security of the Council, Councillors, Council staff or Council property (g) Advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege (h) Information concerning the nature and location of a place or an item of Aboriginal significance on community land.
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16.01 LAND PURCHASE CORNER ABERCROMBIE & CAMPELLS RIVER ROAD BLACK SPRINGS File No: R191 Author: Planning Development Director, Shane Wilson
This report item contains matters and information which relate to Section 10A (1) – (3) of the Local Government Act 1993.
(d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the Council, or (iii) reveal a trade secret
16.02 PROPERTY & LAND DEVELOPMENT – INDUSTRIAL ESTATE File No: File No: Governance/Ordinary/Confidential Author: Gary Wallace, General Manager
This report item contains matters and information which relate to Section 10A (1) – (3) of the Local Government Act 1993.
This report item contains matters and information listed in Section 10A (2) of the Act:
(c) Information that would if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
17. CLOSURE OF MEETING The Mayor will declare the meeting closed.
The next Ordinary Meeting of Oberon Council will be held on:
Tuesday 20 March 2018 commencing at 5.30pm in the Oberon Council Chambers 137 – 139 Oberon Street, Oberon.
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