agenda an… · oberon council - agenda and business papers – ordinary meeting – 17 october...

137 Oberon Street PO Box 84 Oberon NSW 2787 Telephone: (02) 6329 8100 Fax: (02) 6329 8142 Email: [email protected] Email: [email protected]

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AGENDA AND BUSINESS PAPERS Oberon Council Ordinary Meeting Tuesday 17 October 2017 Commencing at 5.30pm at the Oberon Council Chambers

Oberon Council - Agenda and Business Papers – Ordinary Meeting – 17 October 2017

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Agenda Items page

1. OPENING OF MEETING ......................................................................................................... 4

2. ACKNOWLEDGEMENT OF COUNTRY .................................................................................. 4

3. PRAYER .................................................................................................................................. 4

4. RECORD OF ATTENDANCE .................................................................................................. 4

5. DECLARATIONS OF INTEREST ............................................................................................. 5

6. PRESENTATIONS ................................................................................................................... 6

7. QUESTIONS FROM THE PUBLIC .......................................................................................... 6

8. CONFIRMATION OF MINUTES .............................................................................................. 6

9. MAYORAL MINUTE AND REPORT ........................................................................................ 7

09.01 MAYORAL MINUTE AND REPORT ............................................................................ 7

10. NOTICES OF MOTIONS ......................................................................................................... 9

11. COUNCILLOR AND DELEGATES REPORTS ......................................................................... 9

11.01 OBERON BUSINESS AND TOURISM ASSOCIATION MEETING .............................. 9

12. COMMITTEE REPORTS ....................................................................................................... 23

13. REPORTS FOR DECISION ................................................................................................... 23

13.01 DEVELOPMENT APPLICATION 10.2017.68.1 – 14 LOT SUBDIVISION 978 BEACONSFIELD ROAD, BLACK SPRINGS ...................................................... 23

13.02 DEVELOPMENT APPLICATION 10.2017.76.1 – THREE LOT SUBDIVISION .......... 37

13.03 DEVELOPMENT APPLICATION 10.2016.29.1 – 13 LOT (STAGED) RURAL

RESIDENTIAL SUBDIVISION .................................................................................. 48

13.04 2016/17 FINANCIAL STATEMENTS ........................................................................ 69

13.05 WATER WRITE OFF – ASSESSMENT NO. 12364531 ............................................. 71

13.06 SEWERAGE PROJECT- EAST OBERON RETICUALTION ..................................... 72

13.07 PROPOSAL - PROJECT MANAGEMENT FOR OBERON SEWERAGE

CONTINUATION WATEROZ .................................................................................... 77

13.08 ROAD NAMING – ROADS OFF BRACKEN GLEN LANE .......................................... 81

13.09 PROPOSED CROWN ROAD CLOSURES ............................................................... 97

13.10 MEMORANDUM OF UNDERSTANDING (MOU) OBERON CORRECTIONAL

CENTRE................................................................................................................. 100

13.11 OBERON QUARRIES PTY LTD – MAINTENANCE/REPAIR CONTRIBUTIONS .... 110

13.12 PROPOSED AUDIT AND RISK COMMITTEE ........................................................ 113

14. REPORTS FOR INFORMATION ......................................................................................... 121

14.01 MONTHLY ACTIVITY REPORT – GENERAL MANAGER ...................................... 121

14.02 MONTHLY ACTIVITY REPORT – PLANNING & DEVELOPMENT DEPT. .............. 127

14.03 MONTHLY ACTIVITY REPORT - WORKS AND ENGINEERING ............................ 133

14.04 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES .............. 138

14.05 GRANTS MONTHLY UPDATE ............................................................................... 143

14.06 STATEMENT OF INVESTMENTS .......................................................................... 149

14.07 WATER AND SEWER PLANT REPORT ................................................................. 152

14.08 ISABELLA CEMETERY - LEGAL ACCESS ............................................................ 163

15. URGENT BUSINESS ........................................................................................................... 165

16. CLOSED SESSION / CONFIDENTIAL REPORTS .............................................................. 165

16.01 TENDERS – HYDRAULIC EXCAVATOR ................................................................ 166

16.02 TENDERS – MOTOR GRADER ............................................................................. 166

17. CLOSURE OF MEETING .................................................................................................... 166


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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, Works and Engineering Director

Sharon Swannell, Executive Coordinator Apologies Nil


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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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6. PRESENTATIONS

Presentation of Annual Financial Statements by Auditors, Crowe Horwath. The presentation will be provided by John Thompson, Audit Partner.

7. QUESTIONS FROM THE PUBLIC

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.

8. CONFIRMATION OF MINUTES

Ordinary Meeting 21 September 2017 ATTACHED is the Minutes of the Ordinary Council Meeting held on 21 September 2017 Recommendation: That the Minutes of the Ordinary Meeting held on 21 September 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

19 Sept Councillor Induction Workshop

20 Sept Meeting with community member re concerns about Drug “Ice” use in Oberon

20 Sept Lisa Ditchfield and Jenny Bennett (via phone) meeting re Centroc Tourism opportunities

21 Sept Ordinary Council Meeting

22 Sept Skoda and Tatra Museum Introduction to their proposed Museum at Oberon Men’s Shed

27 Sept Meet with Paul Toole MP followed by inspection of works at Sewells Creek and Beaconsfield Roads

27 Sept Oberon Youth Council Meeting

10 Oct Friends of the Oberon Library Meeting

10 Oct Australia Day Working Party Meeting

10 Oct Kerrie Rawson - Ring Master Oberon Show & Mayfield Garden re Equestrian Events

10 Oct Councillor Informal Briefing Session B. Representation

21 Sept World Peace Day Ceremony hosted by Clr Brenda Lyons

21 Sept 2017 NSW Volunteer of the Year Awards - Central West

27 Sept ABC Radio Interview

28 Sept Max Sward Funeral

29 Sept Oberon Correctional Centre Memorial Service honouring Dennis Carey

29 Sept Chifley LAC National Police Remembrance Day Ceremony – attended by Clr McCarthy

8 Oct Oberon Junior Hockey Association Presentation Afternoon

C. Correspondence

13 Sept Bob Mills requesting to join the Oberon Common Committee

13 Sept Bob Mills expressing desire to have Council establish a Tree Committee

13 Sept Paul Toole MP, Member for Bathurst re the 2018 Incubator Event Fund


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14 Sept Invitation to meet with Mr Nick White, Infrastructure Coordination team

15 Sept Invitation to attend the 2017 Power to the People Conference being held in Melbourne during December

15 Sept Invitation to attend the Oberon Junior Hockey Association Presentation afternoon being held on Sunday 8 October 2017

21 Sept Invitation to attend the Oberon Tigers Presentation Night being held on 23 Sept

21 Sept Norm Turkington providing information about training opportunities for new Councillors

21 Sept Letter seeking participation in Graffiti Removal Day being held on Sunday 29 October

21 Sept Active Living NSW seeking expressions of interest from NSW local councils to host a series of free capacity building workshops to assist councils in your area to incorporate active living and healthy eating considerations within Community Strategic Plans and Delivery Programs

22 Sept Local Government NSW providing information about Councillor Support

23 Sept Bathurst Regional Council letter of congratulations on re-election to the position of Mayor and congratulations to Kerry Gibbons on re-election as Deputy Mayor

25 Sept Correspondence with Chifley Local Area Command following up concerns raised by community member

29 Sept Invitation to attend the 2017 Supercheap Auto Bathurst 1000 on Saturday 7 October

5 Oct Hornsby Shire Council letter of congratulations on re-election to the position of Mayor and congratulations to Kerry Gibbons on re-election as Deputy Mayor

10 Oct Charles Sturt University letter of congratulation on appointment as a councillor and providing information about Charles Sturt University

10 Oct Invitation to attend the dedication of a new interpretive sign acknowledging the Crossing of the Great Dividing Range by Deputy Surveyor George W Evans on 30 November 1813

Notes:


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10. NOTICES OF MOTIONS

Nil

11. COUNCILLOR AND DELEGATES REPORTS

11.01 OBERON BUSINESS AND TOURISM ASSOCIATION MEETING

File No: Economic Dev/OBTA Author: Mayor Kathy Sajowitz

Summary Councillor Sajowitz attended the last meeting of the Oberon Business & Tourist Association. A copy of the minutes of the meeting are provided for Council’s information.

Recommendation That report item 11.01 is received as information.

Comment Clr Sajowitz and General Manager Gary Wallace attended the meeting held at the Oberon Golf Club on Wednesday September 13 2017 commencing at 6pm. The minutes of the meeting FOLLOW. A presentation was made by Peter Hotham from Middle Creek Quarry on the proposed development of the facility. The determination on the application is yet to be made by the JRPP. Mr Hotham invited interested parties to a tour of the facility.

Apologies were accepted

Minutes of previous meeting were accepted

Correspondence was accepted

Treasurers Report was accepted. It was resolved that funds excess to operational requirements be invested in a term deposit.

Clr Kathy Sajowitz gave a report which included the following:

GM gave update on Local Government Election results, advising of successful candidates who would now take up positions as Elected Representatives of Oberon Council

Update on status of CENTROC Tourism

Update on success of survey conducted by Russell Meadley from CNSW Business HQ (assisted by Brian Dellow) to ascertain what courses could be offered to local business owners to assist with marketing, financial or general support. All local businesses were visited with 98% response to survey. Mr Meadley will now assess results and report back to council and a strategy will be put in place from there.

Talks are underway to conduct a weekly “Park Run” event in Oberon. Council has been approached by community members to facilitate this initiative. Preliminary consultation has been undertaken and a plan formulated to gather more information.


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Reports were received from Jenn Capel – publicity and media.

Hamish Keith Mayfield Gardens - Hamish advised of future events and the rebranding of the gardens incorporating a new website.

Jenn Capel on behalf of the OBTA Website Working Party put forward a recommendation that a new independent website be developed at a cost of approximately $10000 engaging Brijid Media to facilitate this. The current StraliaWeb hosts (subsidised by council) no longer meet the requirements of OBTA. The change will not impact individual member’s private commercial arrangements with StraliaWeb. After much discussion the recommendation was adopted.

A reminder re listings or amendments for inclusion in the updated local telephone phone directory need to be submitted immediately.

The next General Meeting will be held October 18 2017. The AGM will be held November 15 2017.

Notes:

MINUTES 0F GENERAL MEETING OF OBERON BUSINESS AND TOURISM ASSOCIATION

HELD ON WEDNESDAY 13TH SEPTEMBER 2017 AT THE OBERON GOLF CLUB

Meeting Open: Tim Charge declared meeting opened at 6.05pm and welcomed members and

visitors.

Present: Helen Lowe, Fran Charge, Sandy Harman, Brian Harman, Gordon West, Anne West,

Christine Cameron-Johns, Brenda Lyon, Kay Jones, Peter Hotham, Darelle Brien, Col Roberts, Sue

Roberts, Tim Charge, Rhondda Pearce, Jenn Capel, Mayor Kathy Sajowitz, Owen Rogers, Hamish

Keith, Jennifer Stewart, General Manager Gary Wallace, Bruce Amery, Don Capel, Gary Moran, Pam

Dellow, Donna Russo, Mary David, Domino Holbrook-Cove, Tim Salmon, Emily Couch, John Brien.

Apologies: Meg and Peter Low, Deidre and Tony Robertson, Ian Redpath, Zac Rowlandson, Jennifer

Prineas, Barry and Robyn Richards.

Minutes of Previous Meeting held on 7 August 2017: Sue Roberts moved that these minutes be

accepted, seconded Col Roberts. Carried.

Business Arising: Tim Charge moved that thanks go to Brian Dellow and Russell Meadley for walking

the streets to gain feedback on future workshops to be considered. There was a positive response

with 19 responses. Seconded Col Roberts. Carried.

Presentation from Oberon Earthmoving re Middle Creek Quarry: Peter Hotham presented an

overview of the businesses within the group ie, Middle Creek Quarry (established in 2010); Oberon

Earthmoving (established 2014); Oberon Concrete (established 2015); and Industrial Maintenance

Group established 2017). Peter Hotham is the General Manager and Directors are John Brien, Darelle

Brien and Zac Rowlandson. Peter invited OBTA members and community members to visit the

quarry at anytime to look at the operation. Attached is a copy of Peter Hotham’s presentation which

covers the current workings and future developments. Anyone interested obtaining a copy of the

presentation or viewing the operation should contact Peter on 0438 396 095 or email

[email protected]. Peter took questions from the floor to clarify concerns such as

truck movement, road quality etc. Peter advised that Sewells Creek Road has been graded and

approved for B-Double usage for the 800 metres to the entrance; truck movement will be far less

than the other quarry in the area; there will be no movement along the Mayfield Road; truck

movement will be on a Monday-Friday basis; the road is sealed to the Quarry so dust is not an issue;

the only water to be used will come from the dams on the property. Tim Charge thanked Peter for

his presentation.

Correspondence Out: Letter to Bob and Sally Parrington; Brijid re go-ahead for Video; Invitations to

Council candidates re forum; Ann Mazatelli – copies of past, present and future brochures re Oberon

Telephone Book reprint; Notice of Meeting, Website Proposal re feedback, Minutes.

Correspondence In: VIC Report; Bob and Sally Parrington; Lithgow & District Workman’s Club

brochures; Feedback re Video forwarded to Brijid; Mayor Kathy Sajowitz thank you to OBTA for

hosting Candidate forum; Feedback re Website upgrade; Russell Meadley comments on website

upgrade; replies from candidates re forum; Kerrie Anne Rawson – ringmaster for Oberon Show

requesting to speak at next OBTA meeting.

mailto:[email protected]

Christine Cameron-Johns moved that correspondence be accepted, seconded Fran Charge. Carried.

Reports:

Oberon Council Report: General Manager Gary Wallace advised that the 9 new elected Councillors

are: Kathy Sajowitz, Mick McKechnie, Kerry Gibbons, Clive McCarthy, Mark Kellam, Andrew

McKibben, Don Capel, Brenda Lyons and Ian Doney. Congratulations to all.

Kathy Sajowitz presented the Council report – full copy attached.

Oberon Visitor Information Centre Report: Rhondda Pearce presented report on behalf of the VIC –

full copy attached. August enquiries were 728 in total (706 domestic and 22 International) with the

main requests being regarding Snow and Weather, Fossicking, General Activities and Mayfield

Gardens.

Treasurer’s Report: Treasurer Mary David presented her report (copy attached). There are currently

50 paid up members with further memberships still coming in. The working account balance being

$35,840. Helen Lowe suggested that the amount of the 2 transferred term deposits along with the

$7.800 in CBA be reinvested. Mary to source best rates for investment and report at next meeting.

Fran Charge moved that this report be accepted, seconded Brian Harman. Carried.

Survey Monkey/E-Marketing Report: Col Roberts advised there was no further report at this stage.

Oberon Phone Book Report: Jenn Capel is awaiting contact from Ann Mazatelli regarding supply of

images for printing. Tim Charge reported that there is a problem sourcing the spiral binding for the

books. Advertisers are being contacted at present to confirm or update their advertisements. If

anyone requires changes to their existing free listing or add new contact (including mobile numbers)

should make contact as soon as possible. Ann Mazatelli email: [email protected]. Mobile: 0408

870 815 or (02) 6646 9466.

Promotion/IT Report: Jenn Capel presented her report (copy attached).

Mayfield Gardens Report: Hamish Keith reported a very busy time for Mayfield. The Artisan Markets

were held recently and were very successful. These will now be run 3 times a year. The

amphitheatre was used for the first time with the Circus Surreal event. This exercise proved that the

amphitheatre can hold up to 700 people. The publicity for the one-off event Yoga (with Goats) has

been huge. This is the only opportunity to do yoga with goats. Mayfield’s new website is proving

very successful.

General Business: During the week the Website Committee proposal to build a new website for

OBTA engaging Brijid Media was circulated to all members with request for comments prior

meeting. Jenn Capel presented the committee’s recommendations and moved that “this meeting

accept the Website Committee’s recommendation that we engage Brijid Media to build us a new

website”. Lengthy discussion took place regarding the positives and concerns in proceeding in this

direction. The main concern has been about the links to the Blue Mountains which at present

delivers the main bookings for some existing members under the “oberonaustralia” website. The

website committee gave an assurance to members that we would be definitely better off under a


new website. The motion was put to the meeting with the vast majority accepting the motion which

was carried. (A copy of a summary of concerns and the Website recommendation attached).

Close of Meeting: Tim Charge thanked all those present and declared meeting closed at 7.50pm.

Next Meeting: Tim Charge suggested that the October meeting be postponed from 11 October to 18

October and that the November meeting which will also be the AGM be held on 15 November. This

will require further discussion as the Golf Club is not available on either of these dates.

The Oberon Business & Tourism Association Inc ABN 31 896 674 625

TREASURER'S REPORT: RECEIPTS AND PAYMENTS SEPTEMBER 13 2017

YTD 2016/17

BANK BALANCE 09/08/17 $39,138.59

Plus RECEIPTS C/F

Dinner 50.00$

Memberships $2,160.00 $6,075.00

2,160.00$ 6,935.00$

*******

Minus PAYMENTS

Photography Competition 67.74$ 117.64$

Office of Fair Trading 68.00$

Survey Monkey 288.00$

Brigid Video Promotion 5,280.00$

Ryan Paul Bistro 59. Meet the Councillors 110.00$ 110.00$

177.74$ 5,863.64$

*******

BANK RECONCILIATION 13/9/2017

Balance as per bank statement 9/8/17 39,138.59$

Plus income 2,160.00$

Balance 41,298.59$

Less Expenses 177.74$

Balance in working account 41,120.85$

Presented cheque 5,280.00$

35,840.85$

*******

Working Account 35,840.85$

OPTA CBA 2632 50027083 7,843.28$

43,684.13$

Mary David - Treasurer

September 2017 IT and Promotion report

Since our last meeting, we haven’t had much snow, so the big numbers that saw the

Facebook post of it actually snowing, have not been repeated. 1.5 million reach was

amazing and is a challenging goal to repeat! We might have to wait until next winter!

The new Oberon brochure has been published. After an initial glitch that saw the first

run go to the tip, it is now in the hands of Council.

With the new sized, smaller booklet and a larger font, to make the publication easier

to read, I volunteered to rewrite the editorial, while also taking out the repetitions,

which was no small task. The Experience Oberon Photography Competition meant we

could provide a large folder of photos, from which Maureen, at the Review could

choose the ones she wanted to use. I was a bit disappointed with the colour quality of

some of the photos but over that, we had no control.

Photos continue to be posted on the Instagram page and the Facebook page with new

followers and friends joining us each week. I am very grateful to receive any photos

you would like to send me which I can use on either site or post your own

#experience_oberon photo!

Presentation to September 2017 OBTA meeting.

(June Minutes: The current website is in need of updating. Hamish Keith suggested

that Brijid could also help with this. Jenn Capel to pursue this with the assistance of

Col and Sue Roberts, Fran Charge and Deidre Robertson.)

The website committee members Tim and Fran Charge, Col and Sue Roberts, Deirdre

Robertson, Don Capel, Debra Marks, technical advisor Julie Stott and me, as Chair,

met every week during July and August. Dierdre was not able to attend any meetings.

Our first priority was to determine what we wanted an updated website to achieve.

We agreed that the website should promote Oberon, in accordance with the

organisation’s vision which is to promote Oberon, its businesses and its lifestyle,

whether as a resident or a visitor.

We then undertook to assess the effectiveness and relevance of our current website,

by comparing it with other town’s websites. It soon became clear that the

oberonaustralia website has some serious shortcomings. Its platform is clumsy, there

are too many click throughs to find information and there is a very high bounce rate.

This means that people come to the site looking for something specific, like

mushrooms or fossicking, which incidentally are the most searched topics on the

oberonasutralia site, and then they leave. We urgently need to create a website that is

attractive and easy to move around, so that people who visit the site stay longer and

engage with the information we are wishing to share. We also need a website that is

mobile responsive, as the majority of visitors are using iphones and tablets to do their

research.

We looked at a great number of other town’s websites across the State, particularly

those websites that promoted their town not just visitation.We agreed that ours not

only needed a serious overhaul, but indeed needed to be rebuilt. So we talked to a

number of website builders, including StraliaWeb, about what they could do for

Oberon. We decided to seek some quotes to find out how much it would cost to

achieve a new look site that had a significant “wow!” factor. Those quotes ranged

from $8,000 to $15,000.

The committee was also keen to explore the possibilities of taking control of the

content and structure of the website, so that we can be free to present information and

special events as we wish. At the moment, we are constrained by the StraliaWeb

platform, which is not flexible. As I said, we talked to StraliaWeb on three occasions

plus emails, to see how we could work with them. In the end, it became apparent that

their business model does not fit with what we are trying to achieve. Julie Stott, who

has been our volunteer manager for the current website is of the opinion that a rebuild

would be easier and ultimately more effective than trying to patch up and declutter the

old website. We met with Brijid Media a couple of times and it was exciting to

discuss the many options available to us using a Wordpress platform that is easy to

operate. The prospect of building the website from scratch, incorporating the features

we have found work well, looks very much like the way forward.

The website committee presented its recommendation to the Executive Committee

which, having worked through some concerns, supported the proposal being presented

to the September general meeting.

The proposal has been circulated, so I am presuming that you are all familiar with its

content. I hope you have looked at our current site, as well as some others, on your

computer as well as your mobile phone, so that you are aware of what else is out

there.

The website committee believes that our website is the most important tool we have to

promote Oberon and its businesses. It is also a great way to provide a service to our

non tourism business members, as well as those who may join on the strength of

exposure on our website. We need to remember that the new site will not solely be a

tourism site. It will be a site which will promote our town and villages to both visitors

and locals. It will tell people what there is to see and do here, why it is a great place to

live and why one might consider relocating here. It will also provide information for

the locals, who currently do not visit the oberonaustralia site.

The exciting aspect of this new site is that all members of OBTA will have a free

listing on the new website. There will be space to present a generous amount of

information, while also providing a link to each business’s website, which is its

primary source of advertising and appeal.

This is a great opportunity to give Oberon a fresh new image that is our own in a very

competitive world where flash and engaging websites are the norm!

In conclusion, I would like to move that this meeting accept the website committee’s

recommendation that we engage Brijid Media to build us a new website.

Comments Received regarding Website proposal.

Below is a summary of concerns / comments:

The Committee brief was to only look at updating the Oberon Website

Stralia Web have said that they would shut down the oberonaustralia.com web site if a new site

was set up.

What would happen to members exposure if this happens? It will take a period of time for a new

web site to gain the same Google/ search engine ranking as Oberon Australia has.

Existing website is Mobile friendly, but not fully responsive, It is very costly to make a Regional site

fully responsive because of the large data content.

90% of our business comes from the Oberon / Blue Mountains link

What will the ongoing cost be of a Web manager? This on top of the high build cost of the new site.

Was Stralia web given the chance to discuss the committee concerns with the site. In the past they

have been happy to come to a meeting of members.

Can we ask Stralia Web to come our next meeting to discuss how they can meet our needs.

OBTA has fallen down on keeping the membership lists updated. Stralia web can only remove non

financial members who are displayed on the site if they are advised. Why can’t we fix this issue

ourselves?

Concerns that the committee was set up to investigate the present site only.

How did a new site come about?

Our business is very much dependant on the Blue Mountains for promotion

Would like more time to look at this and any other proposals.

Request a new committee be formed to look at what we currently have, and ways to improve it

first.

What would be the cost to update the current website?

‘Stralia web site is still very good” Why is the Bingara site better?

Would not support a change to a new web site.

Seems like a very high cost, what extras would we get for this expenditure?

Very concerned about the cost and ongoing costs

Does this new site cost, include collating and uploading the large amount of data on the region and

members listing and link to their websites.

If we leave Stralia web and go with Brijid can my existing website on Stralia web be linked to a new

site?

Will it be possible for individual businesses to have a login on the proposed new web site so they can

update their information. (This feature is currently available on existing site.)

Replies:

Re updating current website.

Stralia Web can make design changes only, with no change to the current site structure and

advertising levels.

Changes would include:

Complete colour change and addition of a full screen background image.

Home page button advertising would remain

Removal of Left hand menu and creation of a drop-down “Explore” menu.

Mobile website site-wide colour update

Mobile website home page - introduction of full screen image and removal of current menu button design.

Partnership contribution from OBTA: $1,450.

This would give both sites a fresh new look and maintain the current separate mobile design which is

dedicated to making the mobile website fast loading with quick, easy navigation.

Confirmation on the number of upgraded advertisements:

There are:

21 Enhanced

7 Standard (+ 9 non-paying Standard*)

4 Economy

* non-paying Standard Profiles

National Parks & Wildlife Service

Oberon Business and Tourism Association

Oberon Community Technology Centre (Oberon CTC)

Oberon Council

Oberon Heritage and Collectors Club Inc

Oberon Tarana Heritage Railway Inc

Oberon Visitor Information Centre

Rotary Club of Oberon

Yerranderie Village

OBERON VISITOR INFORMATION CENTRE REPORT OBTA Meeting – 13 September 2017 Visitor Statistics 2017 August Domestic 706 International 22 Total 728 Major Tourism Requests

August 2017

Snow and Weather 80

Fossicking 72

General Activities 61

Mayfield Garden 45

Events held during August included: Burraga’s 58th Annual Sheep Show and Village Fair was held on Saturday 26 August On the evening of Saturday 26 August, Elvis was in the building at the Oberon RSL Club Upcoming Events: 9-24 September Oberon Rotary Daffodil Dawdle, 4 large local gardens open 15,16,17 September Yoga Retreat at Mayfield (with goats)! 15 September Eagles Show at RSL Club 16,17 September Beyond Avalon Open Garden at Black Springs 16,17 September Burraga Copper Challenge 29,30 September Tarana Art Show & 1,2 October General: No Staff Famil this month. ‘Snow and weather’ were popular enquiries for August and there were still keen Fossickers around! Due to the drier than normal winter we have experienced, advice was received from RFS to change the commencement date for the bushfire danger period from 1 October to 1 September. On 16 August we had a group of 30 Oberon High School Year 7 Students presenting their assignments of Tourism/Geotech projects at the Oberon Visitor Information Centre and the National Parks and Wildlife Office. Students provided an excellent presentation of their work. The event was attended by more than 30 students, teachers, parents, Council staff and the Mayor. Students used a range of media including websites they had created, brochures and poerpoint presentations which highlighted the Geo/Tourism features of the Oberon LGA. The quality of information and detail included was fantastic and we hope to have a display of the work in the Visitor Information Centre in the near future. On Wednesday 23 August, OBTA hosted a ‘Meet the Candidate’ Forum at the Oberon RSL Club.

Oberon Visitor Information Centre Statistics

2016 Domestic International Total Accum Total

January 1353 131 1484 1484

February 990 118 1108 2592

March 1721 125 1846 4438

April 2761 138 2899 7337

May 1193 73 1266 8603

June 882 69 951 9554

July 1016 47 1063 10617

August 706 34 740 11357

September 1118 49 1167 12524

October 1905 89 1994 14518

November 857 119 976 15494

December 947 132 1079 16573

Total 15,449 1124 16,573

2017 Domestic International Total Accum Total

January 1224 103 1327 1327

February 736 77 813 2140

March 1315 97 1412 3552

April 3627 121 3748 7300

May 1422 54 1476 8776

June 729 33 762 9538

July 1043 33 1076 10614

August 706 22 728 11342

September

October

November

December

2016 Total Visitors

Kanangra Walls

Jenolan Caves

Mushroom Fishing Fossicking Cycling Food and Wine

Oberon Dam

Camping Mayfield Garden

CTC Use

Tablelands Way

Accommodation (incl. Caravan Park)

Phone/Email Enquiries

Jan 1484 59 102 29 46 250 10 36 48 66 53 38 39 100 197

Feb 1084 45 53 104 20 67 21 33 28 54 62 62 79 86 266

Mar 1846 64 118 491 47 118 6 49 69 88 93 56 74 114 501

Apr 2899 41 105 1188 41 242 10 41 39 122 305 40 86 145 583

May 1266 24 64 524 33 61 5 33 21 32 84 84 43 67 359

Jun 882 18 50 166 18 89 0 38 14 21 91 64 49 72 440

Jul 1063 15 82 35 23 112 3 45 21 23 53 37 49 100 294

Aug 740 34 32 13 7 42 6 33 17 9 72 50 25 75 198

Sept 1167 30 60 13 27 170 4 58 26 46 130 33 83 144 298

Oct 1994 56 84 22 56 177 8 53 70 62 429 65 142 162 282

Nov 976 37 39 6 24 55 1 29 25 31 116 53 71 111 165

Dec 1079 41 80 6 27 143 8 30 24 55 64 46 45 63 169

Total 16573 464 869 2597 369 1526 82 478 402 609 1552 628 795 1239 3762

2017 Kanangra Walls

Jenolan Caves

Mushroom Fishing Fossicking Driving Evans Crown

Tarana Camping Mayfield Garden

CTC Use

Tablelands Way

Accommodation (incl. Caravan Park)

Phone/Email Enquiries

Jan 53 110 11 76 181 2 0 7 76 104 22 63 83 147

Feb 21 44 74 11 63 4 9 4 26 56 72 86 109 220

Mar 31 79 795 26 81 7 6 0 53 79 54 77 147 705

Apr 65 105 1873 39 349 11 3 8 78 178 33 57 153 484

May 31 56 597 28 69 2 3 4 19 116 48 58 67 258

Jun 22 25 73 18 86 4 4 0 42 42 48 20 106 202

Jul 18 58 15 34 206 11 8 3 1 75 126 32 53 181

Aug 11 27 16 16 72 6 7 4 5 45 53 20 64 200

Sept

Oct

Nov

Dec

Total


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12. COMMITTEE REPORTS

Nil

13. REPORTS FOR DECISION

13.01 DEVELOPMENT APPLICATION 10.2017.68.1 – 14 LOT SUBDIVISION 978 BEACONSFIELD ROAD, BLACK SPRINGS

File No: PR4-1269 Author: Shane Wilson, Planning and Development Director

Summary A Development Application for a proposed 14 Lot subdivision has been received and is referred to Council for support in accordance with Clause 4.6 exceptions to development standards of the Oberon Local Environmental Plan, 2013 (LEP 2013). The proposed subdivision aims to create one of the one lots being less than the Minimum Lot Size (MLS) of 100 hectares as required within the RU1 Primary Production zone. Council has assumed Secretary’s concurrence to approve variations under Clause 4.6 of the Oberon LEP 2013 up to 10% of the required minimum lot size in the RU1 Zone.

Recommendation:

That Council:

1. Approve the variation to Clause 4.6 - Exceptions to development standards of LEP 2013 for proposed Lot 13, development consent can be granted.

2. Approve a Deferred Commencement for Development Application 10.2017.68.1 for a 14 lot subdivision at Lots 12 and 14-17 DP 1201954, Lot 4 DP 1185361, Lot 1 DP 853742 and Lot 73 DP 757034 being 978 Beaconsfield Road, Black Springs in accordance with conditions attached.

3. A division be called in accordance with Section 375A of The Local Government Act 1993.

Comment: A copy of the Statement of Environmental Effects and additional information provided by the applicant in support of the proposed development and to the request to vary Clause 4.6, exceptions to development standards of LEP 2013, is provided as a separate ATTACHMENT. PROPOSED DEVELOPMENT AND SITE HISTORY The site is a 1292.8 hectare of predominately vacant grazing land, with a dwelling and sheds located upon existing lot 12 (being proposed lot 1) with road access to the lots available from Beaconsfield Road, Chain of Ponds Road and Apanie Road, as is identified in the following locality plan.


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The sites have in part or whole been previously subject to a number of development applications, which has resulted in the creation of the existing 8 lots and the Right of Access from Apanie Road to the south. Description of Development: the proposal is for the subdivision to the existing 8 lots, to create a total of 14 lots as per the table below.

Existing lot Size - approx Proposed lot Size

Lots 12 & 14-17 DP 1201954 1 101.2 ha

Lot 4 DP 1185361 2 39.7 ha

Lot 1 DP 853742 3 102 ha

Lot 73 DP 757034 4 108 ha

Total 1292.8ha 5 100 ha

It is proposed that all lots excluding proposed lots 2 and 8 will have the ability to have a dwelling erected upon them. Proposed lot 13 will require a variation to the development standards to permit a dwelling up it as it is less that the 100Ha minimum lots size required in the zone.

6 100 ha

7 118 ha

8 24.2 ha

9 100 ha

10 100 ha

11 106.8 ha

12 101.5 ha

13 91.4 ha

14 100 ha

Total 1292.8 ha

Proposed lots 1 to 5 will continue to have access via the existing road frontages, with the remaining lots requiring the closure and purchase of Crown Roads after which the lots will be serviced by a right of carriageway accessed from Apanie Road and Beaconsfield Road. As several lots require the Crown Road to be purchased to achieve legal and practical access, it is proposed that the development consent be “Deferred” until such time as evidence is provided that the closures and purchase have been confirmed. Building envelopes are identified and deemed to be suitable as well as the provision for on-site waste water disposal in the geotechnical reports provided to Council. The location, construction requirements and further works associated to the fencing of the road has been considered and accepted by the Works and Engineering Department subject to an appropriate condition of Development Consent.


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SECTION 79C ASSESSMENT: ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 In determining a Development Application, the consent authority is to take into consideration the following matters as are of relevance in the assessment of the development application. (a)(i) The Provisions of any Environmental Planning Instrument The Environmental Planning Instruments that relate to the proposed development are:

1. State Environmental Planning Policy No 44 – Koala Habitat Protection. 2. State Environmental Planning Policy (Rural Lands) 2008; 3. Oberon Local Environmental Plan 2013.

1. State Environmental Planning Policy No 44 – Koala Habitat Protection The proposed development is sited within an area of native timber however no trees are proposed to be removed in association to the proposed development other than those permitted for the purpose of agriculture associated to fencing. In accordance with clause 7 of the SEPP, following the site inspection there was no evidence to suggest that the land is potential koala habitat. Therefore the proposed development complies with the SEPP. 2. State Environmental Planning Policy (Rural Lands) SEPP 2008

10 Matters to be considered in determining development applications for rural subdivisions or rural dwellings (1) This clause applies to land in a rural zone, a rural residential zone or an environment protection zone. (2) A consent authority must take into account the matters specified in subclause (3) when considering whether to grant consent to development on land to which this clause applies for any of the following purposes:

(a) subdivision of land proposed to be used for the purposes of a dwelling, (b) erection of a dwelling.

(3) The following matters are to be taken into account: (a) the existing uses and approved uses of land in the vicinity of the development, (b) whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development, (c) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b), (d) if the land is not situated within a rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone, (e) Any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

The development is consistent with the SEPP. The adjoining land use is agriculture and as all of the lots comply with the minimum lot size of 10ha there is adequate opportunity to provide potential dwelling sites that minimise land use conflict. 3. Oberon Local Environmental Plan 2013 Zoning: The land is zoned RU1 Primary Production in accordance with Councils current Local Planning Instrument, being Local Environmental Plan (LEP) 2013.


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PERMISSIBILITY: The Land is Zoned RU1, a dwelling is permissible with Development Consent. The zone table and objectives are as follows: Zone RU1 Primary Production

1 Objectives of zone • To encourage sustainable primary industry production by maintaining and enhancing the

natural resource base. • To encourage diversity in primary industry enterprises and systems appropriate for the area. • To minimise the fragmentation and alienation of resource lands. • To minimise conflict between land uses within this zone and land uses within adjoining zones. • To enable other forms of development associated with primary production activities, which may

require an isolated location or which support tourism or recreational activities.

2 Permitted without consent Environmental protection works; Extensive agriculture; Home businesses; Home occupations; Intensive plant agriculture; Water reticulation systems

3 Permitted with consent Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Camping grounds; Cellar door premises; Cemeteries; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Freight transport facilities; Helipads; Highway service centres; Home-based child care; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Jetties; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Roads; Roadside stalls; Rural industries; Sewerage systems; Veterinary hospitals; Water recreation structures; Water supply systems

4 Prohibited Any development not specified in item 2 or 3 The proposed development is appropriate for the zone and satisfies the objectives of the zone listed in the Land Use Table of the Oberon LEP 2013.

Part 4 Principal development standards

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.

Eleven (11) lots in accordance with the minimum lot size for the RU1 Zone, being 100 hectares. Proposed lot 13 however is proposed to be created in contravention with Clause 4.1 by virtue of creating a lot of 91.4 hectares.


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4.2 Rural subdivision 1. The objective of this clause is to provide flexibility in the application of standards for subdivision

in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.

2. This clause applies to the following rural zones:

a. Zone RU1 Primary Production,

b. Zone RU2 Rural Landscape,

c. Zone RU4 Primary Production Small Lots,

d. Zone RU6 Transition.

3. Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

4. However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.

5. A dwelling cannot be erected on such a lot. The proposed development will to create two (2) lots (Proposed 2 & 8) which will be for the purpose of Primary production only and have no dwelling permissibility, in accordance with the provisions above. 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,

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

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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.

6. Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if:

a. the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

b. the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

Note: When this Plan was made it did not include all of these zones.

7. After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

8. This clause does not allow development consent to be granted for development that would contravene any of the following:

a. a development standard for complying development,

b. a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

c. clause 5.4. The proposed development requires the provision of creating an allotment less than the minimum lot size to enable proposed lot 13 to have a dwelling entitlement. Proposed lot Thirteen (13) being 91.4 hectares requires a variation of 8.2%. The objectives of this clause are to provide an appropriate degree of flexibility in applying certain development standards to particular development to enable better outcomes for and from development by allowing flexibility in particular circumstances. It is considered that the creation of an allotment 8.2% less than the minimum lot size requires flexibility without creating an adverse outcome. The applicant has considered the pattern of subdivision to create allotment 13 for agricultural purpose with any dwelling to be considered ancillary to that use. As such the objectives of RU1 zone to encourage sustainable primary industry production by maintaining and enhancing the natural resource base is maintained and considered. Clause 4.6, exceptions to development standards, allows development consent to be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. Subject to the consent authority considering the written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:



The applicant has provided justification for the variation to the MLS in this instance for proposed Lot 13. The justification is provided in the applicants Statement of Environmental Effects. Council staff concurs with the justification provided in this instance.

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Development consent, however, must not be granted for development that contravenes a development standard unless the consent authority is satisfied that:

i. the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3) as discussed above, 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.

Council has assumed Secretary’s concurrence to a approve variations under Clause 4.6 of the Oberon LEP 2013 up to 10% of the required minimum lot size in the RU1 zone. Development consent, however, must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, if the subdivision will result in 2 or more lots of less than the MLS, or the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard, this excluded lots that have been created for the purpose of primary production. The proposed development only create one lot less than the MLS and this lot, being proposed lot 13, is not less than 90% of the MLS. 6.3 Riparian land and watercourses 1. The objective of this clause is to protect and maintain the following:

a. water quality within watercourses,

b. the stability of the bed and banks of watercourses,

c. aquatic and riparian habitats,

d. ecological processes within watercourses and riparian areas.

2. This clause applies to the following land:

b. land identified as “Watercourse” on the Riparian Lands and Watercourses Map,

c. all land that is within 40 metres of the top of the bank of each watercourse on land identified as “Watercourse” on that map.

3. Before determining a development application for development on land to which this clause applies, the consent authority must consider:

a. whether or not the development is likely to have any adverse impact on the following:

i. the water quality and flows within the watercourse,

ii. aquatic and riparian species, habitats and ecosystems of the watercourse,

iii. the stability of the bed and banks of the watercourse,

iv. the free passage of fish and other aquatic organisms within or along the watercourse,

v. any future rehabilitation of the watercourse and riparian areas, and

b. whether or not the development is likely to increase water extraction from the watercourse, and

c. any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

4. Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

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

b. if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

c. if that impact cannot be minimised—the development will be managed to mitigate that impact.

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The development site is situated on land that drains into an unnamed tributary, however the proposed subdivision is positioned in consideration of the watercourse and building envelopes site well away, as such this provision does not apply. Clause 6.4 – Essential services Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

a. the supply of water,

b. the supply of electricity,

c. the disposal and management of sewage,

d. stormwater drainage or on-site conservation,

e. suitable vehicular access.

The proposed development will be required to be serviced by electricity, on-site waste water disposal systems, onsite stormwater system and a vehicular access. POLICY IMPLICATIONS (OTHER THAN DCP’s) - Nil. FINANCIAL IMPLICATIONS (e.g. Section 94) The proposed development is defined, in accordance with Councils contribution plan, as a subdivision and as such Section 94 contributions are applicable, to be paid on the additional created lots. LEGAL IMPLICATIONS: Any Environmental Planning Instrument No Regional Environmental Plans are applicable to the proposed development. Relevant SEPP’s and the LEP have been discussed above. Any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority: There are no draft environmental planning instruments that have been publicly exhibited and applicable to the development site. Any Development Control Plan: There are no specific requirements for development such as this, however Councils DCP 2001 still applies to the proposal. It is considered that given the information supplied and Councils assessment of the development is consistent with the aims and objectives of the DCP. 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. Any matters prescribed by the regulations that apply to the land: A Development Application has been submitted for the subdivision of the land only. No Construction Certificate has been submitted at this stage. 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 impact associated to the development generally relate to the provision of access and services to the development. The applicant has provided information associated to the proposed subdivision in relation to the carrying out of the subdivision including proposed building envelopes and on-site waste water disposal systems.


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It is considered these impacts can be mitigated through Consent Conditions. The Suitability of the site for the development: 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 RU1 Primary Production within the current Oberon Local Environmental Plan 2013. The development was considered Integrated Development as it involves a subdivision in a bushfire prone area, thus a referral to the Rural Fire Service was undertaken and the requirements included within the conditions. There are no human of natural hazards that would consider the proposal to not be considered. As such the application is considered to be suitable for the site. THE PUBLIC INTEREST: Neighbourhood notification was not conducted for this development as the only property that could be potentially impacted was previously consulted prior in a previous application being approved, which consent was granted for the right of access being approved and constructed from Apanie Road. The development only seeks for an additional 8 lots over and area of nearly 1300Ha and therefore any impact are believed to be negligible.

The proposal seeks to undertake a fourteen (14) lot subdivision and is considered permissible within the RU1 zone, subject to compliance with, clause 4.6 Exceptions to development standards.

Apart from those interests mentioned above no other public interest impacts are perceived. DISCUSSION AND CONCLUSIONS: The application is permissible in the zone and is consistent with the aims and objectives of the RU1 zone. Council can be satisfied that:



As such it is considered that the variation to Clause 4.6 can be supported in this instance and that conditional “Deferred Commencement” development consent can be granted.

Future Direction 6. NATURAL ENVIRONMENT

Strategic Outcomes 6.1 Compliance with environmental legislation and guidelines

Action 6.1.1 Provide regulatory services required by EP&A Act 1979 and legislation.

Operational Plan or other Plans

Enforcement and education of appropriate legislation limits Councils exposure to litigation. Appropriate information is provided to the community to also minimise risks.


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CONDITIONS OF DEVELOPMENT APPROVAL NO. 10.2017.68.1

DEVELOPMENT: Fourteen (14) lot rural subdivision ADDRESS: Lots 12 & 14-17 DP 1201954, Lot 4 DP 1185361, Lot 1 DP 853742 &

Lot 73 DP 757034 being 978 Beaconsfield Road, Black Springs _______________________________________________________________________ DEFERRED COMMENCEMENT Legal Access This consent does not commence or have effect until evidence is provided that the closure and purchase of the Crown Public Roads identified under application W585786 is submitted to the satisfaction of Council. Reason: To ensure that legal and practical access can be provided to all proposed allotments. GENERAL CONDITIONS 1. Approved Plans

The development is to be carried out in accordance with the approved stamped plans prepared by:

Document Author Date

Statement of Environmental Effects

Anthony Daintith Town Planning

24 July 2017

Onsite effluent management study Ref:20170524

Calare Civil 10 August 2017

Bushfire Assessment Building Regulatory Services

23 May 2017

Plans 2017-048DA Anthony Daintith Town Planning

2 March 2017

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. Separate DA Required

Prior to the commencement of the use of the land for each proposed lot, a separate Development Application containing fully detailed plans and specifications is to be submitted to and approved by Council.

Reason: To inform the applicant that separate development consent is required for the use of the land. To meet the requirements of Section 76A of the Environmental Planning and Assessment Act 1979.


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3. Fencing Fencing of the boundaries of the proposed lots in accordance with the approved plans and specifications. Construction Certificate approval is required for this work, unless the fencing meets the Exempt Development criteria of SEPP (Exempt and Complying) 2008.

Reason: To ensure rural boundary fencing as proposed in the application and of a suitable standard is provided to avoid disputes between adjoining property owners and to contain stock within each property. 4. Road Construction

Construction of all Right of Accesses is to be constructed in accordance with B.11 of the Oberon Development Control Plan, 2001 at full cost to the developer. Construction Certificate approval for these works is required under Section 81A of the Environmental Planning and Assessment Act 1979 prior to these works commencing.

Reason: To ensure that an appropriate and safe standard of vehicle access on all roads and to comply with the Oberon Development Control Plan, 2001. 5. Access Construction

Construction of a gravel culverted access to the proposed lot/s at full cost to the developer, at the location shown on the approved plan, in accordance with Council’s standard access design. Construction Certificate approval for these works is required under Section 81A of the Environmental Planning and Assessment Act 1979 prior to these works commencing.

Reason: To ensure that an appropriate and safe standard of access from the road is provided and to provide protection for the carriageway verge due to the movement of vehicles to and from the property and to comply with the Oberon Development Control Plan, 2001.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE: 6. Developer Contributions

Prior to the issue of any Subdivision Certificate, payment of contributions applicable to the subdivision, in accordance with the schedule applicable at the time of payment, as prescribed in Council’s Annual Fees and Charges Schedule for the proposed additional excised lots.

Below is an example of the fees payable under the 2017/18 Annual Fees and Charges for Rural Development, including GST.

Public Open Space Per Lot $253.25

Community Facilities Per Lot $253.25

Emergency Services Per Lot $303.00

Rural Roads Per Lot $4,940.00

Total $5,749.50

Reason: To advise that any new lot excised from the original holding attracts contributions. These contributions are charged at the rate when paid, set each year in Council’s Management Plan. Council’s Development Contributions Plan and Clause 146 (Environmental Protection and Assessment Act Regulations) require payment prior to release of Construction Certificates. 7. Weed Control

Evidence by way of an appropriate inspection notice by the Upper Macquarie County Council is to be provided to Council indicating that the land is free of weeds or an appropriate plan (acceptable to the Upper Macquarie County Council) is in place, prior to the commencement of any subdivision works.


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Reason: to ensure all work is carried out in an environmentally responsible and sustainable manner 8. Subdivision Certificate

A Subdivision Certificate application will be required to be lodged and approved by Council together with seven (7) copies of the subdivision plan 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.

Access to all lots shown to be accessed via the Right of Access is to be maintained and registered on the plan of title.

Reason: To comply with the requirements of Section 109C of the Environmental Planning and Assessment Act. 9. Building Number

A rural address number shall be displayed, for any proposed entrance that is not allocated a rural address number, in a position clearly visible from the road, at the entrance to the property, in letters having a height of not less than 75 mm (3 inches). The number must be in a contrasting colour to the background on which it is placed. The applicant is to contact Council to determine the correct rural address and associated payment for each rural address after the access has been constructed.

Reason: Because it is in the public interest that the building/property be easily identifiable. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 10. Bushfire

Compliance with the requirements of the Rural Fire Service as detailed: Asset Protection Zones The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply: 1. At the issue of subdivision certificate and in perpetuity, the land surrounding the existing

dwelling(s) on proposed Lot 1, to a distance of 30 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Water and Utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply: 2. Water and gas for the existing dwelling on proposed Lot 1 are to comply with the following

requirements of section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

In recognition that no reticulated water supply exists, a 20000 litre water supply shall be provided for fire fighting purposes.

A 65mm metal Storz outlet with a gate or ball valve shall be provided.

If an above ground tank is to be installed it shall be manufactured of concrete or metal and raised tanks are to have their stands protected. Plastic tanks shall not be used.


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If an underground tanks is to be installed it shall have an access hole of 200mm to allow tankers to refill direct from the tank. The gate or ball valve, pipes and tank penetration are adequate for full 50mm inner diameter water flow through the Storz fitting and are metal.

All associated fittings to the tank shall be non combustible.

A minimum 5hp or 3kW petrol or diesel powered pump shall be made available to the water supply. A 19mm (internal diameter) fire hose and reel shall be connected to the pump. An 'SWS' marker shall be obtained from the local NSW Rural Fire Service and positioned for ease of identification by brigade personnel and other users of the SWS. In this regard: a) Markers must be fixed in a suitable location so as to be highly visible; and b) Markers should be positioned adjacent to the most appropriate access for the static water supply.

Reticulated or bottled gas is to be installed and maintained in accordance with Australian Standard AS/NZS 1596:2014: 'The storage and handling of LP gas' and the requirements of relevant authorities. Metal piping is to be used.

Access The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply: 3. Property access roads shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection

2006'. Design and Construction The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply: 4. The existing dwelling on proposed Lot 1 is required to be upgraded to improve ember

protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

8. Electricity supply

The applicant providing to the satisfaction of Council, evidence that adequate electricity supply is available to each lot in the development. This requires the submission of a certificate from Country Energy, or another energy provider, stating that either suitable supply is available to each lot in the development, or that arrangements have been made with Country Energy, or another energy provider, for such suitable supply to be provided to each lot in the development in accordance with Country Energy Capital Contributions Guidelines. Certification of supply or suitable arrangements is to be provided to the satisfaction of Council prior to or with the application for the certification by Council of the subdivision or any stage thereof. Where underground services are to be provided, no poles except in accordance with the energy provider’s regulations and requirements are to be provided. If Council or the energy provider require the provision of street lighting, similar certification as to availability and or suitable arrangements in accordance with the energy providers regulations and requirements needs to be provided to the satisfaction of Council prior to or with the application for the certification by Council of the subdivision or any stage thereof. Should alternative energy supplies be considered, then, relevant support information as to suitability and efficiency will be required.

Reason: To ensure adequate provision is made for the connection of utility services.


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9. Telecommunication supply The applicant providing to the satisfaction of Council, evidence that adequate communication services are available to each lot in the subdivision. This requires the submission of a certificate from Telstra, or another service provider, stating that either suitable supply is available to each lot in the development, or that arrangements have been made with Telstra, or another service provider, for such suitable supply to be provided to each lot in the development. Certification of supply or suitable arrangements is to be provided to the satisfaction of Council prior to or with the application for the certification by Council of the subdivision or any stage thereof. Should alternative service supplies be considered, then, relevant support information as to suitability and efficiency will be required.

Reason: To ensure adequate provision is made for the connection of utility services. Notations This development consent is expressly for the purpose of the subdivision of land as described and provides no approval for construction work or activity. Works or activities identified by any of the conditions of this determination requiring construction or aspects thereof will need to be the subject of additional application to Council (or another Principal Certifying Authority) for the construction, inspection and certification of the work/activity. Appropriate certification/s of the work/activity completion, is to be provided to Council prior to or with the application for the certification by Council of the subdivision or any stage thereof. No buildings or structures including temporary buildings, carriages, shipping containers and the like are to be sited on any of the proposed allotments in the development, without first obtaining the appropriate approval of the Council (or another Principal Certifying Authority). Where appropriate, the applicant should provide a suitable restriction as to the use of the land indicating the above (on the plan / title) to the satisfaction of Council, prior to or with the application for the certification by Council of the subdivision or any stage thereof.

Notes:


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13.02 DEVELOPMENT APPLICATION 10.2017.76.1 – THREE LOT SUBDIVISION

File No: PR4-1269 Author: Shane Wilson, Planning and Development Director

Summary A Development Application for a proposed Lot subdivision has been received and is referred to Council for support in accordance with Clause 4.6 exceptions to development standards of the Oberon Local Environmental Plan, 2013 (LEP 2013). The proposed subdivision aims to create one of the one lots being less than the Minimum Lot Size (MLS) of 2 hectares as required within the R5 Large Lot Residential zone. Council has assumed Secretary’s concurrence to a approve variations under Clause 4.6 of the Oberon LEP 2013 up to 10% of the required minimum lot size in the R5 zone.

Recommendation:

That Council:

1. Approve the variation to Clause 4.6 - Exceptions to development standards of LEP 2013 for proposed Lot 3, development consent can be granted.

2. Grant conditional APPROVAL for Development Application 10.2017.76.1 for a 3 lot subdivision at Lots 77 & 78 DP 805063, known as 13 Marks Crescent and 62 Fairview Drive, Oberon in accordance with Section 80 of the Environmental Planning & Assessment Act 1979.


PROPOSED DEVELOPMENT AND SITE HISTORY The development site consists of two existing lots being Lot 77 is 3.068 hectare with a dwelling and associated buildings located on the southern eastern side of the land and being Lot 78 is 2.990 hectare with a dwelling and associated buildings on the southern western side of the lot, as is identified in the following locality plan.

Existing lot

Size - approx

Proposed lot

Size

Lot 77 3.068 ha 77 2.2566 ha

Lot 78 2.990 ha New lot 2.0009ha

78 1.8005 ha

Total 6.058ha Total 6.058 ha

Description of Development: the proposal is for the subdivision to the existing 2 lots, to create a total of lots as per the table above. The additional lot is sort to allow for the applicant to build a dwelling and sell the existing lot and dwelling on Lot 78. The existing lots will retain the accesses from Marks Crescent and Fairview Drives respectively

and the proposed new lot to be accessed via the Marks Crescent frontage.

Lot 77

Lot 78


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A building envelope has been identified for the new lot and deemed to be suitable as well as the provision for on-site waste water disposal in the geotechnical reports provided to Council. The location, construction requirements for the driveway access has been considered and accepted by the Works and Engineering Department subject to an appropriate condition of Development Consent. SECTION 79C ASSESSMENT: ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 In determining a Development Application, the consent authority is to take into consideration the following matters as are of relevance in the assessment of the development application. (a)(i) The Provisions of any Environmental Planning Instrument The Environmental Planning Instruments that relate to the proposed development are:

1. State Environmental Planning Policy No 44 – Koala Habitat Protection.

2. State Environmental Planning Policy (Rural Lands) 2008;

3. Oberon Local Environmental Plan 2013. 1. State Environmental Planning Policy No 44 – Koala Habitat Protection The proposed development is sited within an area of native timber however no trees are proposed to be removed in association to the proposed development other than those permitted for the purpose of agriculture associated to fencing. In accordance with clause 7 of the SEPP, following the site inspection there was no evidence to suggest that the land is potential koala habitat. Therefore the proposed development complies with the SEPP. 2. Oberon Local Environmental Plan 2013 Zoning: The land is zoned RU1 Primary Production in accordance with Councils current Local Planning Instrument, being Local Environmental Plan (LEP) 2013. PERMISSIBILITY: The Land is Zoned R5 large lot residential a dwelling is permissible with Development Consent. The zone table and objectives are as follows: Zone R5 Large Lot Residential 1. Objectives of zone

To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

To minimise conflict between land uses within this zone and land uses within adjoining zones.

2. Permitted without consent

Environmental protection works; Extensive agriculture; Home occupations; Water reticulation systems.

3. Permitted with consent Backpackers’ accommodation; Bed and breakfast accommodation; Building identification signs; Dual occupancies; Dwelling houses; Group homes; Home industries; Kiosks;


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Neighbourhood shops; Plant nurseries; Roads; Roadside stalls; Waste or resource transfer stations; Any other development not specified in item 2 or 4.

4. Prohibited Air transport facilities; Airstrips; Amusement centres; Biosolids treatment facilities; Boat building and repair facilities; Car parks; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Electricity generating works; Entertainment facilities; Extractive industries; 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; Intensive livestock agriculture; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water treatment facilities; Wharf or boating facilities; Wholesale supplies

2.6 Subdivision—consent requirements 1. Land to which this Plan applies may be subdivided, but only with development consent. Notes.

1. If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

2. Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

2. Development consent must not be granted for the subdivision of land on which a secondary

dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note. The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling. dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile. 4.1 Minimum subdivision lot size 1. The objectives of this clause are as follows:






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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.

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,

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:



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.

6. Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if:

a. the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or


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b. the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

Note: When this Plan was made it did not include all of these zones.

7. After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

8. This clause does not allow development consent to be granted for development that would contravene any of the following:

a. a development standard for complying development,

b. a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

c. clause 5.4. The proposed development requires the provision of creating an allotment less than the minimum lot size to enable proposed lot 78 to have a dwelling entitlement for the existing dwelling. Proposed lot 78 being 1.8005 hectares requires a variation of 9.975%. The objectives of this clause are to provide an appropriate degree of flexibility in applying certain development standards to particular development to enable better outcomes for and from development by allowing flexibility in particular circumstances. It is considered that the creation of an allotment 9.975% less than the minimum lot size requires flexibility without creating an adverse outcome. The applicant has considered the pattern of subdivision to create the new allotment for the purpose of building a dwelling which will result in the portion of the existing lot being loss than the prescribed minimum lots size. As such the objectives of R5 zone provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality, need to be considered. Clause 4.6, exceptions to development standards, allows development consent to be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. Subject to the consent authority considering the written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:



The applicant has provided justification that the variation to the MLS in this instance for proposed Lot 78 is not practical give the location of the lot 77’s driveway and the difficult slope prohibits the proposed boundary from being altered any further than shown. The justification is provided in the applicants Statement of Environmental Effects. Council staff concurs with the justification provided in this instance.

Development consent, however, must not be granted for development that contravenes a development standard unless the consent authority is satisfied that:






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Council has assumed Secretary’s concurrence to a approve variations under Clause 4.6 of the Oberon LEP 2013 up to 10% of the required minimum lot size in the R5 zone. Development consent, however, must not be granted under this clause for a subdivision of land in Zone R5 Large lot residential, if the subdivision will result in 2 or more lots of less than the MLS, or the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard, this excluded lots that have been created for the purpose of primary production. The proposed development only create one lot less than the MLS and this lot, being proposed lot 78, is not less than 90% of the MLS.

Clause 6.4 – Essential services Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

a. the supply of water,

b. the supply of electricity,

c. the disposal and management of sewage,

d. stormwater drainage or on-site conservation,

e. suitable vehicular access.

The proposed development will be required to be serviced by electricity, on-site waste water disposal systems, onsite stormwater system and a vehicular access. POLICY IMPLICATIONS (OTHER THAN DCP’s) - Nil. FINANCIAL IMPLICATIONS (e.g. Section 94) The proposed development is defined, in accordance with Councils contribution plan, as a subdivision and as such Section 94 contributions are applicable, to be paid on the additional created lots.

LEGAL IMPLICATIONS: Any Environmental Planning Instrument No Regional Environmental Plans are applicable to the proposed development. Relevant SEPP’s and the LEP have been discussed above. Any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority: There are no draft environmental planning instruments that have been publicly exhibited and applicable to the development site. Any Development Control Plan: There are no specific requirements for development such as this, however Councils DCP 2001 still applies to the proposal. It is considered that given the information supplied and Councils assessment of the development is consistent with the aims and objectives of the DCP. 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: A Development Application has been submitted for the subdivision of the land only. No Construction Certificate has been submitted at this stage. 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 impact associated to the development generally relate to the provision of access and services to the development. The applicant has provided information associated to the proposed subdivision in relation to the carrying out of the subdivision including proposed building envelopes and on-site waste water disposal systems. It is considered these impacts can be mitigated through Consent Conditions. The Suitability of the site for the development: 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 R5 Large Lot Residential within the current Oberon Local Environmental Plan 2013. There are no human of natural hazards that would consider the proposal to not be considered. As such the application is considered to be suitable for the site. THE PUBLIC INTEREST: The proposal seeks to undertake a three lot subdivision and is considered permissible within the R5 zone, subject to compliance with Clause 4.6 Exceptions to development standards.

The application was notified to all potentially affected neighbouring properties, with no submission received during the exhibition period.

Apart from those interests mentioned above no other public interest impacts are perceived. DISCUSSION AND CONCLUSIONS: The application is permissible in the zone and is consistent with the aims and objectives of the R5 zone. Council can be satisfied that:



As such it is considered that the variation to Clause 4.6 can be supported in this instance and that conditional development consent can be granted.

Future Direction 6. NATURAL ENVIRONMENT

Strategic Outcomes 6.1 Compliance with environmental legislation and guidelines

Action 6.1.1 Provide regulatory services required by EP&A Act 1979 and legislation.

Operational Plan or other Plans

Enforcement and education of appropriate legislation limits Councils exposure to litigation. Appropriate information is provided to the community to also minimise risks.


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CONDITIONS OF DEVELOPMENT APPROVAL NO. 10.2017.76.1

DEVELOPMENT: Three (3) lot rural subdivision ADDRESS: Lots 77 & 78 DP 805063, known as 13 Marks Crescent and 62

Fairview Drive, Oberon _______________________________________________________________________ GENERAL CONDITIONS 1. Approved Plans


Document Author Date

Site plans J May Sep 2017

Survey plan Voerman & Ratsep As stamped

Onsite effluent management study Ref:20170928

Calare Civil 21 September 2017

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. Separate DA Required

Prior to the commencement of the use of the land for each proposed lot, a separate Development Application containing fully detailed plans and specifications is to be submitted to and approved by Council.

Reason: To inform the applicant that separate development consent is required for the use of the land. To meet the requirements of Section 76A of the Environmental Planning and Assessment Act 1979. 3. Fencing

Fencing of the boundaries of the proposed lots in accordance with the approved plans and specifications. Construction Certificate approval is required for this work, unless the fencing meets the Exempt Development criteria of SEPP (Exempt and Complying) 2008.

Reason: To ensure rural boundary fencing as proposed in the application and of a suitable standard is provided to avoid disputes between adjoining property owners and to contain stock within each property.


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4. Access Construction Construction of a bitumen sealed access to the proposed lot/s at full cost to the developer, at the location shown on the approved plan, in accordance with Council’s standard access design. Construction Certificate approval for these works is required under Section 81A of the Environmental Planning and Assessment Act 1979 prior to these works commencing.


PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE: 5. Developer Contributions

Prior to the issue of any Subdivision Certificate, payment of contributions applicable to the subdivision, in accordance with the schedule applicable at the time of payment, as prescribed in Council’s Annual Fees and Charges Schedule for the proposed additional excised lots.

Below is an example of the fees payable under the 2017/18 Annual Fees and Charges for Rural Development, including GST.

Public Open Space Per Lot $253.25

Community Facilities Per Lot $253.25

Emergency Services Per Lot $303.00

Rural Roads Per Lot $4,940.00

Total $5,749.50

Reason: To advise that any new lot excised from the original holding attracts contributions. These contributions are charged at the rate when paid, set each year in Council’s Management Plan. Council’s Development Contributions Plan and Clause 146 (Environmental Protection and Assessment Act Regulations) require payment prior to release of Construction Certificates.

6. Subdivision Certificate


Reason: To comply with the requirements of Section 109C of the Environmental Planning and Assessment Act. 7. Onsite sewerage management

Prior to the issue of a subdivision certificate, evidence byway of survey must be provided to Council that identifies that the existing onsite sewerage management system including absorption trenches located on Lot 78 are no closure than 5m from the proposed boundary of the new to the north.

Reason: to ensure that adequate buffer distance is provided to protect public health and the environment.


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8. Rural addressing number. A rural address number shall be displayed, for any proposed entrance that is not allocated a rural address number, in a position clearly visible from the road, at the entrance to the property, in letters having a height of not less than 75 mm (3 inches). The number must be in a contrasting colour to the background on which it is placed. The applicant is to contact Council to determine the correct rural address and associated payment for each rural address after the access has been constructed.

Reason: Because it is in the public interest that the building/property be easily identifiable. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 9. Electricity supply

The applicant providing to the satisfaction of Council, evidence that adequate electricity supply is available to each lot in the development. This requires the submission of a certificate from Country Energy, or another energy provider, stating that either suitable supply is available to each lot in the development, or that arrangements have been made with Country Energy, or another energy provider, for such suitable supply to be provided to each lot in the development in accordance with Country Energy Capital Contributions Guidelines. Certification of supply or suitable arrangements is to be provided to the satisfaction of Council prior to or with the application for the certification by Council of the subdivision or any stage thereof. Where underground services are to be provided, no poles except in accordance with the energy provider’s regulations and requirements are to be provided. If Council or the energy provider require the provision of street lighting, similar certification as to availability and or suitable arrangements in accordance with the energy providers regulations and requirements needs to be provided to the satisfaction of Council prior to or with the application for the certification by Council of the subdivision or any stage thereof. Should alternative energy supplies be considered, then, relevant support information as to suitability and efficiency will be required.

Reason: To ensure adequate provision is made for the connection of utility services. 10. Telecommunication supply

The applicant providing to the satisfaction of Council, evidence that adequate communication services are available to each lot in the subdivision. This requires the submission of a certificate from Telstra, or another service provider, stating that either suitable supply is available to each lot in the development, or that arrangements have been made with Telstra, or another service provider, for such suitable supply to be provided to each lot in the development. Certification of supply or suitable arrangements is to be provided to the satisfaction of Council prior to or with the application for the certification by Council of the subdivision or any stage thereof. Should alternative service supplies be considered, then, relevant support information as to suitability and efficiency will be required.

Reason: To ensure adequate provision is made for the connection of utility services. Notations This development consent is expressly for the purpose of the subdivision of land as described and provides no approval for construction work or activity. Works or activities identified by any of the conditions of this determination requiring construction or aspects thereof will need to be the subject of additional application to Council (or another Principal Certifying Authority) for the construction, inspection and certification of the work/activity. Appropriate certification/s of the work/activity completion, is to be provided to Council prior to or with the application for the certification by Council of the subdivision or any stage thereof.


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No buildings or structures including temporary buildings, carriages, shipping containers and the like are to be sited on any of the proposed allotments in the development, without first obtaining the appropriate approval of the Council (or another Principal Certifying Authority). Where appropriate, the applicant should provide a suitable restriction as to the use of the land indicating the above (on the plan / title) to the satisfaction of Council, prior to or with the application for the certification by Council of the subdivision or any stage thereof.

Notes:


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13.03 DEVELOPMENT APPLICATION 10.2016.29.1 – 13 LOT (STAGED) RURAL RESIDENTIAL SUBDIVISION

File No: PR1-1488 Author: Shane Wilson – Planning & Development Director

Summary An application for a rural residential subdivision development comprising thirteen (13) Torrens Title allotments has been lodged on land described as Lot 12 in DP 1008295, being known as 1488 Mutton Falls Road O’Connell. This application is referred to Council for determination in accordance with Part H.4.2 of the Development Control Plan (DCP) 2001. Part H.4.2 of the DCP requires:

“Where it is considered a development proposal will generate significant community interest, Council may arrange a public meeting so that: - Details of the proposal can be more fully explained; - Community concerns can be discussed; and - Conflicts can be identified and possibly resolved.

Part H.3.10 of the Development Control Plan (DCP) 2001 requires:

“In determining applications Council and/or delegated officers of Council, will consider all submissions before the application is determined.”

The application was notified between 21 April 2016 and 12 May 2016. During the notification period a total of Three (3) submissions were received from surrounding land owners.

Recommendation: That: 1. Council approve Development Application 10.2016.29.1 for a proposed thirteen (13) allotment

subdivision of Lot 12 in DP 1008295, being known as 1488 Mutton Falls Road O’Connell in accordance with the conditions contained within this report.


Comment: The following details are relevant to this report:

Document Author Date/Reference

SOEE Report Anthony Daintith Town Planning 25 February 2016

Proposed Subdivision, Detail Survey And Lot Layout

Tablelands & Buttsworth Surveyors

10 September 2015

Effluent Disposal Investigation Calare Civil Pty Ltd 29 March 2016

Review Of Environmental Factors Anthony Daintith Town Planning 16 August 2017

1. SITE DESCRIPTION The proposed development site is located approximately 5 km south-east of Oberon. The total area of Lot 12 DP 1008295 is 131.3 hectares. The lot is within the R5 Large Lot Residential Zone (see figure 1).


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To the north, south and east of the site is predominantly primary production land (RU1). The majority of the surrounding agricultural land is fragmented with lot sizes between 8 and 20ha to the south and east, with a single allotment directly opposite on Mutton Falls Road which has a lot size of over 400ha. Directly to the west is the existing (R5) large lot residential land with approximately 30 large lot residential allotments. This area is not serviced by reticulated sewer or town water. The subject site is accessible form 3 road frontages, being Mutton Falls Road, Bolton Lane and Carlwood Road which are all Council owned roads. The site has no dwelling located upon it, with only farm sheds being located on the south east corner of the existing lot. The site is undulating throughout with the lowest parts of the site draining into both Mutton Falls and Carlwood Roads. Small patches of native vegetation are distributed throughout the site, with the road reserves having a continuous row of tress. A number of dams are scattered throughout, with the site being predominantly used for grazing.

Figure 1: Subject site showing the zone As can be seen from the plan above, this is the most eastern section of the R5 zone, at this stage.


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Figure 2: Aerial photo of site plan 2. PROPOSED DEVELOPMENT The Development Application was submitted to Council on the 20th April 2016 after which notification and was undertaken and additional information requested. The proposed development is for the creation of thirteen (13) Torrens title allotments. All of the lots are proposed to be located within the R5 Zone, with lot sizes varying from 10ha to 10.35ha which can be seen in table 1 below. The proposed development is to be undertaken in six stages, shown in Table 2 below.

Table 1: Proposed Lots Table 2: Proposed stages

Lot 121 10.18 ha Stage Lots

Lot 122 10.08 ha 1 121 & 122

Lot 123 10.35 ha 2 132 & 133

Lot 124 10.00 ha 3 130 & 131

Lot 125 10.03 ha 4 123 & 124

Lot 126 10.03 ha 5 125 & 126

Lot 127 10.00 ha 6 127 - 129

Lot 128 10.00 ha

Lot 129 10.00 ha

Lot 130 10.10 ha

Lot 131 10.00 ha

Lot 132 10.14 ha

Lot 133 10.18 ha


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Figure Three: Proposed staged plan of subdivision

Reticulated services, sewer and water The proposed development can access telecommunications and electricity infrastructure. There is no proposal for reticulated sewer or connection to mains water. The application proposes individual on site-effluent disposal and the use of rainwater tanks as a means of providing suitable amounts of potable and non-potable water. Vegetation The plan of subdivision does not require large amounts of vegetation removal. Some vegetation may be removed to create driveway accesses. Stormwater As there are no notable infrastructure works, stormwater created as a result of the subdivision is considered to be minimal and will not create any notable problems. Street Tree Plantings The proposed development does not incorporate street tree planting. The site has adequate amounts of scattered and patches of native vegetation, especially along the existing road reserves. Open Space The proposed development does not incorporate any opportunities for public open space. Considering the location of the subdivision and the size of the lots, it is more appropriate to take a payment of Section 94 Contributions which could be used to improve existing open space areas in the wider region.


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Access Individual vehicular access with be taken from the being existing road frontages of Mutton Falls Road, Bolton Lane and Carlwood Roads, in a location that allows for safe sight distances and access. 3. SECTION 79C ASSESSMENT: In determining a Development Application, the consent authority is to take into consideration the following matters as are of relevance in the assessment of the development application. 3.1 The Provisions of any Environmental Planning Instrument The Environmental Planning Instruments that relate to the proposed development are:

State Environmental Planning Policy No 55 - Remediation of Land;

State Environmental Planning Policy No 44 – Koala Habitat Protection;

State Environmental Planning Policy (Rural Lands) 2008

Oberon Local Environmental Plan 2013 (OLEP2013). 3.1.1 State Environmental Planning Policy No. 55 – Remediation of Land Clause 7 of this SEPP specifies that:

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

a. it has considered whether the land is contaminated, and

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

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

2. Before determining an application for consent to carry out development that would involve a change of use on any of the land specified in subclause (4), the consent authority must consider a report specifying the findings of a preliminary investigation of the land concerned carried out in accordance with the contaminated land planning guidelines.

3. the applicant for development consent must carry out the investigation required by subclause (2) and must provide a report on it to the consent authority. The consent authority may require the applicant to carry out, and provide a report on, a detailed investigation (as referred to in the contaminated land planning guidelines) if it considers that the findings of the preliminary investigation warrant such an investigation.

An investigation of the site has been undertaken, with no evidence of any activities that would be a source of potential contamination having been identified. Council is therefore satisfied that this requirements has been complied with. 3.1.2 State Environmental Planning Policy No 44 – Koala Habitat Protection The proposed development is sited within an area which has only small patches of native vegetation. Clause 7, 8 and 9 of SEPP No.44 Koala Habitat Protection outline the steps that are required to determine whether the land has potential or core koala habitat. If Council are satisfied that this is a core koala habitat then a plan of management must be prepared. The proposed development is sited within an area of native timber however there are only small patches, with no substantial tree removal proposed in association to the proposed development other than those permitted for the purpose of agriculture associated to fencing and the driveway accesses. In accordance with clause 7 of the SEPP, following the site inspection there was no evidence to suggest that the land is potential koala habitat. Therefore the proposed development complies with the SEPP.


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3.1.3 State Environmental Planning Policy (Rural Lands) SEPP 2008 10 Matters to be considered in determining development applications for rural subdivisions or rural dwellings 1. This clause applies to land in a rural zone, a rural residential zone or an environment protection

zone. 2. A consent authority must take into account the matters specified in subclause (3) when

considering whether to grant consent to development on land to which this clause applies for any of the following purposes: a. subdivision of land proposed to be used for the purposes of a dwelling, b. erection of a dwelling.

3. The following matters are to be taken into account: a. the existing uses and approved uses of land in the vicinity of the development, b. whether or not the development is likely to have a significant impact on land uses that, in

the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,

c. whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),

d. if the land is not situated within a rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone,

e. Any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

The development is consistent with the SEPP. The adjoining land use is agriculture and as all of the lots comply with the minimum lot size of 10ha there is adequate opportunity to provide potential dwelling sites that minimise land use conflict. 3.1.4 Oberon Local Environmental Plan 2013 (OLEP2013) Land Use Table R5 Large Lot Residential 1. Objectives of zone

To provide residential housing in a rural setting while preserving, and minimizing impacts on, environmentally sensitive locations and scenic quality

To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future

To ensure that development in the area does not unreasonably increase the demand for public services or public facilities

To minimise conflict between land uses within this zone and land uses within adjoining zones. Clause 2.6 Subdivision—consent requirements 1. Land to which this Plan applies may be subdivided, but only with development consent.

2. Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note. The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.


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Clause 4.1 Minimum subdivision lot size 1. The objectives of this clause are as follows:





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.

Clause 4.2B - Erection of dual occupancies and dwelling houses on land in Zone RU1 and

Zone R5. 1. The objectives of this clause are as follows:

a. to minimise unplanned rural residential development,

b. to enable the replacement of lawfully erected dual occupancies and dwelling houses in Zone RU1 Primary Production and Zone R5 Large Lot Residential.

2. This clause applies to land in the following zones:

a. Zone RU1 Primary Production,

b. Zone R5 Large Lot Residential.

3. Development consent must not be granted for the erection of a dual occupancy or dwelling house on land to which this clause applies unless the land:

a. is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or

b. is a lot created before this Plan commenced and on which the erection of a dual occupancy or dwelling house was permissible immediately before that commencement, or

c. is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dual occupancy or dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or

d. is an existing holding, or

e. would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) had it not been affected by:

i. a minor realignment of its boundaries that did not create an additional lot, or

ii. a subdivision creating or widening a public road or public reserve or for another public purpose, or

iii. a consolidation with an adjoining public road or public reserve or for another public purpose.





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Note: A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

4. Development consent must not be granted under subclause (3) unless:

a. no dual occupancy or dwelling house has been erected on the land, and

b. if a development application has been made for development for the purpose of a dual occupancy or dwelling house on the land—the application has been refused or was withdrawn before it was determined, and

c. if development consent has been granted in relation to such an application—the consent has been surrendered or has lapsed.

5. Development consent may be granted for the erection of a dual occupancy or dwelling house on land to which this clause applies if there is a lawfully erected dual occupancy or dwelling house on the land and the dual occupancy or dwelling house to be erected is intended only to replace the existing dual occupancy or dwelling house.

6. In this clause:

existing holding means land that:

a. was a holding on 8 May 1996, and

b. is a holding at the time the application for development consent referred to in subclause (3) is lodged, whether or not there has been a change in the ownership of the holding since 8 May 1996.

Holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.

Clause 6.4 Essential services Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required: (a) the supply of water, (b) the supply of electricity, (c) the disposal and management of sewage, (d) stormwater drainage or on-site conservation, (e) suitable vehicular access. Essential services as described above shall be provided by the developer. All of these services are accessible and can be connected to the development. Detailed design of these services will be required as part of the construction certificate. A subdivision certificate will be withheld until vehicle access, electricity and stormwater drainage services have been provided. 3.2 Draft Environmental Planning Instrument that is or has been placed on Public Exhibition

and details of which have been notified to the Consent Authority. There are no draft environmental planning instruments that affect the subject site. 3.3 Oberon Development Control Plan 2001 Councils Development Control Plan 2001 applies to the proposed development. B.4 Objective In adopting this policy, Council has the following objectives which will be taken into consideration with regard to subdivision development:-

To promote high quality subdivision within the Oberon Council area which minimises adverse impacts on the environment.

To encourage the use of innovative design and engineering principles which enhance the physical environment and the social fabric.


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To optimise the provision of infrastructure services in the most efficient and effective manner.

B.6 Development Control Plan Part B.6 of the Oberon Development Control Plan 2001 requires that a DCP shall be prepared for major subdivision (i.e. subdivision involving more than 4 lots). The proposed subdivision is for the creation of 13 allotments. To require a site specific DCP for this subdivision, when any future development is already covered the Oberon DCP is considered to be onerous and creating additional levels of regulation. B.7 Design Guidelines B.7.3 Site Design The following elements are to be given full consideration in the overall site design of the proposed subdivision:

Climate Control (Wind And Sun) Vegetation

Landform Orientation

Aspect And Views Hydrology

Geology And Soils Weeds Management

Drainage Waste Water Disposal

Surface Water Vegetation Subdivision layout should be designed in such a way so that it minimises the adverse effects of the natural elements. Applicants will be required to demonstrate how the subdivision proposal takes the following elements into account:

Accessibility to community and recreational facilities

Road and transport networks

Site access

Physical and human services

Developed and undeveloped land in the vicinity

Existing buildings and improvement on the site The subdivision has been adequately designed with consideration to the elements listed. It has also demonstrated that the subdivision connects well with the existing road network. B.7.5 Aspect Aspect is a major factor in designing the subdivision layout in regard to optimising solar access. The following principles are a basic guide:-

Buildings can be sited so that the main living areas are oriented towards the north.

Overshadowing, of or by other buildings, is minimised The lots are all greater than 10ha therefore the resulting dwelling will have options about how it is designed to take advantage of the northern sunlight and reduce any overshadowing possibilities.


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B.7.6 Drainage The natural drainage patterns of the site have been a basic element in the subdivision layout, with no additional runoff expected as a result of the development. B7.7 Landscaping The surrounding roads have plenty of roadside vegetation, with patches of vegetation throughout the site. No additional landscaping is required. B.8 Development Guidelines B.8.3 Public Open Space The DCP describes public open space as being determined by how easy it is to get to, how well it is used and how pleasant it is to be there. The location of the subdivision means there are no linkages to existing areas of public open space and the size of the lots means there would be little demand for public open space. B.8.4 Lot Size Lot sizes are not less than 10ha which complies with the Oberon Local Environmental Plan 2013. B.8.5 Shape of Lot All of the proposed lots are of a size and shape which have adequate space for a 12m x 16m building envelope with 10 metre setbacks to all boundaries and have additional room for effluent disposal areas suitable to a large house. B8.6 Stormwater Drainage As there are no notable infrastructure works, stormwater created as a result of the subdivision is considered to be minimal and will not create any notable problems. B.11 Roads B11.8 Service Conduits Where required by a service authority, the applicant shall provide service conduits or sub mains in road crossings. B.11.10 Property Access In The Rural Zones The proposed access off Mutton Falls Road, Bolton Lane and Carlwood Road which are all Council owned roads. Council’s engineering section has reviewed the proposed access locations and is satisfied that they are suitable for this development.

B.12 Urban Services B.12.2 Major Sewer Drainage The DCP states that augmentation to the sewer is required, if this is required as a direct result of the subdivision. There is no sewer reticulation this far away from Oberon therefore on-site effluent disposal systems will be used. B12.4 Common Drainage The applicant shall provide common drainage lines and easements to Councils specifications. Easements shall be created in favour of those lots served by the drainage lines and burdening those so affected by the drainage line. B.12.5 Public Reserves The DCP requires that public open space shall be provided at the rate of 3 hectares per 1000 EP (Equivalent People), as calculated by the maximum servicing requirement of the subdivision, by transfer to Council by dedication as public reserve; or, where it is not possible or reasonable to


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dedicate land as public reserve, be a monetary contribution for the acquisition to embellish public reserves within the village or release area. The applicant complies with the requirements of the DCP by virtue of a monetary contribution in this regard. B12.8 Electricity Supply Applicants are required to consult the appropriate Energy Authority to ascertain the cost and availability of reticulation of power supply. B12.9 Telephone Written evidence shall be submitted, indicating that the proposed subdivision can be served by underground telephone cabling or is able to be connected to the NBN fixed wireless. B12.11 Common Trenching Subdivision design shall provide for the common trenching where possible of services to reduce the number of trenched and the amount of land required and to reduce costs and disruption due to maintenance. B12.12 Geotechnical Report The designer will need to verify:

1. That a building site of adequate size and shape exists on each lot and is not subject to slip or subsidence and;

2. That each lot is suitable for sewer connection via a gravity line or alternatively it is suitable for on-site waste water disposal. For any lot less than 4 hectares a report in accordance with A.S 1547 ‘Disposal Systems for Domestic Effluent from Premises’ is required.

A Geotechnical Report has been submitted which states that there is a low risk of landslip within the proposed development. A Geotechnical Report also states that each lot is capable of having onsite effluent disposal areas. B.14 DEVELOPMENT APPLICATIONS FOR SUBDIVISION B14.11 Staged Development Where staging of development is proposed, an application is to be lodged for the total development and stage release of final plans applied separately, at the appropriate times. The construction certificate and subdivision certificate will have a staged release, to reflect the staging as detailed. B14.12.1 Water Supply All dwellings to have a minimum reserved storage of 10,000 litres, or access to permanent water for fire fighting. In addition to the above, domestic water storage is to be a minimum of 10,000 litres. The applicant is relying on rainwater tanks for the potable and non-potable water supply. This requirement will be further consider when applications are submitted for development on the site. B14.12.2 Sewerage Disposal Council requires that all residential development on rural land be serviced by an adequate on-site waste-water disposal system. An effluent disposal investigation and report have been submitted that clearly identifies that all lots have the ability to dispose of the waste water on the site.


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B14.12.4 Fencing of Boundaries Council requires that the lot boundaries be fenced as a condition of subdivision approval. Council has a plan that specifies an acceptable standard of fence, which is available on request. This will be included as a condition of the approval. B14.12.9 Dwelling Setbacks and Buffers It is intended that dwellings on adjoining lots not be close to one another in order to provide a high level of privacy, and the relative isolation expected in rural area. - A buffer of 150 metres is to be provided between the nearest external wall of any proposed

dwelling and the boundary of an adjoining or adjacent lot, allotment, portion or parcel of land comprising Class 1, 2 or 3 prime crop and pasture land. The distance may be reduces to 50 metres is a buffer management plan incorporating acceptable natural or artificial buffer between the proposed dwelling and the adjoining agricultural lands is submitted to and approved by Council and implemented to the satisfaction of Council prior to the occupation of the dwelling and issue of occupation certificate.

All lots have the ability to achieve the required buffer distances. 3.4 Likely Impacts of the Development The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality: Context and Setting The proposed development involves the subdivision of thirteen (13) large lot residential Torrens title allotments with a lot size on or slightly above the 10ha minimum lots size. The development site is located adjacent to the established R5 subdivision to the west which the lot sizes are also 10 ha. Traffic generation and impact on road network The development will generate an increase in traffic volumes on Mutton Falls Road, Bolton Lane and Carlwood Roads; however these will not require an upgrade as they are suitable to cater for the additional traffic caused by 13 additional lots. Access Individual vehicular access with be taken from the being existing road frontages of Mutton Falls Road, Bolton Lane and Carlwood Roads, in a location that allows for safe sight distances and access. Utilities As discussed each lot will have access to electricity, telecommunications, on-site sewer and potable water using water tanks. Land Resources This land has been used for agricultural purposes. The subject site was rezoned some years ago from rural to R5 Large Lot Residential. The primary production resource will be lost as a result of this subdivision with the lots only being large enough for small farming activities or hobby farms.


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Flooding No formal flood study has been provided or undertaken by either Council or the applicant. Council staff considers that with the use of stormwater drainage, infrastructure and easements, the proposed subdivision will be acceptable in terms of providing flood free building envelopes. Consultation Public notification was conducted between 21 April 2016 and 12 May 2016. During the notification period a total of Three (3) submissions were received from surrounding land owners. A summary of the submissions can be found in section 3.5 of this planning report. Public domain The development will be fully contained within the site and will not result in negative impacts on the public domain or unreasonable demands on public infrastructure. Heritage The proposed development is not expected to impact on items of heritage. If any aboriginal places or objects are found, work should cease immediately at the specific location and the NSW Heritage Council contacted for further direction. Air and microclimate The proposed development will not result in negative impacts on the surrounding air and microclimate. Flora and fauna The site does not comprise any significant habitat and vegetation is not proposed to be removed as a result of this subdivision. As such there are no issues with the development and its impacts on flora and fauna. Natural hazards The site is not identified as being bushfire prone and no other hazards are known. Safety, security and crime prevention There are no issues with the safety and security of the design of the development. Social impacts in the locality The proposal will result in the addition of thirteen (413) large lot residential Torrens title allotments. There are no services in the development area and due to the distance from O’Connell and the lack of public transport, the development could result in social isolation for certain groups who are unable to use a private vehicle. This is however unlikely to have any detrimental impacts on the area. Economic impact in the locality In general, a small economic benefit to the community can be expected due to the attraction of large lot residential living which may draw people to live in O’Connell. Site design The design of the subdivision has been formed around existing road reserves and the natural drainage corridors of the site. The eastern part of the subdivision is unlikely to cause a conflict between large lot residential and rural land uses.


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Construction No issues are expected during the construction of the proposed development. If approved, consent would be subject to standard regulatory requirements for construction activities. A Construction Certificate application will be required prior to commencement of works for this subdivision. 3.5 Public Submissions During the assessment process the proposed development has been notified to the adjoining and adjacent land owners, and in response to the notification process three (3) submissions were received. A summary of the submissions were provided to the applicant for information and comment. The table below summarises the issues raised in the submissions.

Issue Comment

Negative impact on the ecosystem, due to increased water demand.

The water for future development will need to be from rainwater harvested from the roof catchment, or bores which will require licencing.

The existing roads around the site are poor condition or unsealed.

The roads have been reviewed by Council’s Engineering section and found to be suitable for the proposed development.

Impact on local businesses due to increased risk to cyclists, using Mutton Falls Road.

Only 5 lots are to gain access via Mutton Falls Road, with normal road rules to apply. Impact is considered low.

Loss of horse riding amenity due to increased risks.

The proposed lots in this development and other are considered to provide ample space for this activity to be conducted safely.

Impacts of additional traffic on O’Connell (Oberon) Road and school children walking on the road while waiting for the bus.

The O’Connell Road is adequately sized to cater for the additional traffic. In relation to school children, this is not considered to impact this development. If a substantial number of children where to live on the additional lots, they would be likely to be dropped at the bus stop given the fact the lots are greater than 1.5km away at closest.

Increased fire events due to urbanisation. The lots are not identified as bushfire prone, however once developed they will have static water supplies, that are available for fire fighting purposes.

Potential impacts on a resident’s health due to having to live next to a construction size for more than two years.

The nearest construction would be greater than 400m from the property in question, and impacts would be considered low.

Lack of services to cater for another 50 people

The majority of services will be either provided through Oberon or Bathurst, which both can easily cater for.

Wood fire pollution from heating. The impacts from wood smoke with an additional 13 dwelling in such a large area is considered to be minor and subject to enforcement under separate legislation should it ever become an issue.

Impacts on ground water The development assessment has considered the suitability of the developments, including onsite waste water disposal which identify no potential problems.


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Loss of amenity due to overlooking The nearest dwelling would be greater than 400m from the property in question, with an existing tree buffer between the two dwelling sites.

Loss of amenity due to increased population

The development is large lot residential with a total of 13 future dwellings over 130ha in area. There is no evidence that amenity of the local area will be adversely affected.

Two stroke motor bikes be restricted on the properties.

There are no lawful planning grounds that would permit such a restriction from being applied.

No colorbond fences be permitted on the lots

The fencing requirement is detailed within the DCP and relevant conditions applied.

The majority of these issues have been specifically addressed in the body of this report or in the comments above. Although the submissions are not without merit, they do not provide adequate evidence or planning ground for the application to be amended or refused. 3.6 The Public Interest: The development has been assessed having regard to public interest in particular in relation to managing the economic, social and environmental impacts which have been discussed in this report. Council is mindful of the need to ensure that development occurs in a manner that is consistent and regulated by clear and measurable conditions of consent in accordance with the local planning framework and both local and state principles and guidelines. Council is further mindful of the need to assess all development applications individually and on merit, addressing the issues and avoiding emotive responses. 3.7 Suitability for the Site for the Development The subject site is within the R5 Large Lot Residential Zone and is considered suitable for the proposed subdivision. Post subdivision, dwelling houses will be constructed on each respective lot. 4. FINANCIAL IMPLICATIONS Section 94 (1) of the Environmental Planning and Assessment Act 1979 states: If a consent authority is satisfied that development for which development consent is sought will or is likely to require the provision of or increase the demand for public amenities and public services within the area, the consent authority may grant the development consent subject to a condition requiring:

(a) The dedication of land free of cost, or (b) The payment of a monetary contribution

For the purposes of this application, a contribution will be made in accordance with the Oberon Development Control Plan for any additional lot created. Section 94 contributions will be required to be paid by the applicant prior to the issue of a construction certificate. Condition of Development Consent will be imposed that Section 94 contribution (Environmental Planning and Assessment Act 1979) must be paid prior to the issue of a Construction Certificate.


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5. RISK IMPLICATIONS Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. 6. DISCUSSION AND CONCLUSIONS The application for a 13 lot subdivision is suitable for the R5 Large Lot Residential Zone and is consistent with the aims and objectives of that zone. Although some issues have been outlined in this report the issues are not considered significant enough to affect the viability and integrity of the design of the development as proposed and can be suitably addressed through appropriate conditions of development consent. Given this outcome, it is considered appropriate to recommend approval subject to standard conditions of development consent. 7. RECOMMENDED CONDITIONS OF CONSENT The application is recommended for approval subject to the following conditions: GENERAL CONDITIONS: 1. Approved Plans


Document Author Date/reference

SoEE Report Anthony Daintith Town Planning

25 February 2016

Proposed Subdivision, Detail Survey and Lot Layout

Tablelands & Buttsworth Surveyors

10 September 2015

Effluent Disposal Investigation Calare Civil Pty Ltd 29 March 2016

Review of Environmental Factors

Anthony Daintith Town Planning

16 August 2017

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. Separate Development Application Required

Prior to the commencement of the use of the land for each stage, development consent or a complying development certificate is to be obtained.

Reason: To inform the applicant that separate development consent is required for the use of the land. To meet the requirements of Section 76A of the Environmental Planning and Assessment Act 1979. PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE: 3. Construction Certificate

Unless the development is exempt under Council’s Local Approvals Policy or Development Control Plan – Exempt Development, the applicant is to obtain a Construction Certificate pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as


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amended from either Council or an accredited certifying authority certifying that the proposed works are in accordance with Council’s Guidelines for Engineering Works prior to any subdivision works commencing.

NOTE 1: No engineering or excavation work is to be carried out in relation to this development until the necessary Construction Certificate or certificates have been obtained. NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if you made an application for a Construction Certificate at the same time as you lodged this development application. NOTE 3: It is the responsibility of the applicant to ensure that the development complies with the provision of the Council Engineering Standards. This may entail alterations to the proposal so that it complies with these standards. Reason: So that the design of the proposed work may be assessed in detail before construction commences and because it is in the public interest that the development comply with the appropriate construction standards. 4. Earthworks

All fill for the earthworks shall be clean material; no foreign building materials or contamination of the soil will be permissible for the filling of this land. Contamination testing maybe required to be submitted to Council for assessment and approval.

Any fill placed on the proposed allotments shall be compacted to 95 % standard compaction and a compaction test and report from a registered NATA Laboratory is to be completed and submitted to Council Engineers for assessment, at full cost to the applicant.

Only those areas involved in the construction of the civil works shall be disturbed, with all other areas of the site to be maintained with existing vegetation cover.

Reason: To ensure that all earthworks are undertaken in a responsible manner and to preserve natural ground cover where possible. 5. Property Access Construction

Access to all lots must comply with the following requirements. a) The access shall have a minimum 12m radius splay from the edge of roadway and taper

back 8.5m into a minimum 4.8m road width within the road reserve. It is permissible for the new internal entrance road to taper back to a further 3.6m should heavy vehicles not be utilising the access.


b) The new access shall be constructed to an all-weather 2 wheel drive vehicular standard. The application of a suitably approved DGB-20 road base material or equivalent shall be applied to a minimum thickness of 150mm compacted.

Reason: To provide for accessible passage of all vehicles types (including emergency services) from the existing carriageway verge during all types of weather.

c) Subject to the final location of the new access off Carlwood Road, Mutton Falls and Bolton Lane, a storm water piped culvert may be required to be installed. If require, the piped culvert shall be to a minimum size 375mm precast reinforced concrete pipes, rubber ring


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joints (RCP RRJ 375 diameter Class 2 strength pipe) to traverse under the new driveway access at a suitable gradient allowing for storm water drainage to pass under the driveway not obstructed. A minimum 300m depth of compacted cover ideally should be obtained over the storm water pipes upon installation. The storm water pipe ends shall also have (on each end) a 375mm precast headwall attached and suitably grouted/rendered.

Reason: To provide appropriate storm water infrastructure under the driveway to facilitate the unimpeded natural flow of storm waters during wet weather events.

d) The applicant shall remove and satisfactorily dispose of the trees/vegetation that currently

obstruct/impede the line of safe sight on both sides of the access, at their full cost. These trees have been identified within Review of Environmental Factors – Tree Removal.

Reason: To provide for a minimum of 225 meters of safe unimpeded sight vision both east and west sides of the new driveway entering an unrestricted speed zone of up to 100kph. 6. Developer Contributions

Prior to the issue of a Construction Certificate payment of contributions are required. Contributions must be paid in accordance with the schedule applicable at the time of payment, as prescribed in Council’s Annual Fees and Charges Schedule for the proposed addition 12 lots.

Reason: To advise that any new lot excised from the original holding attracts contributions. These contributions are charged at the rate when paid, set each year in Council’s Management Plan. Council’s Development Contributions Plan and Clause 146 (Environmental Protection and Assessment Act Regulations) require payment prior to release of Construction Certificates. 7. Arrangements for services (electricity, telephone and street lighting)

Satisfactory arrangements are to be made with the appropriate electricity (including street lighting), and natural gas authorities for the provision of services to be made to each allotment. Evidence of such arrangements shall be submitted to Council prior to the issue of the construction certificate.

Provide confirmation to Council that lots are ready for connection to a telecommunication service which can include NBN fixed line (fibre ready) or NBN fixed wireless prior to the issue of the construction certificate.

Reason: to ensure these services are available to the site. 8. Fencing

Rural style boundary fencing of the entire site is to be constructed at the full cost of the developer. A construction certificate approval is required for this work, unless the fencing meets the Exempt Development criteria of SEPP (Exempt and Complying) 2008.

Reason: To ensure fencing is provided and avoid disputes between adjoining property owners and ensure property boundaries are marked.


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9. Soil and Sedimentation Control Plan The Applicant shall provide a soil erosion and sediment control plan to Council for approval. All soil erosion and sediment controls shall be in place prior to the commencement of construction works.

No building, engineering, or excavation work, or topsoil stripping or vegetation removal, is to be carried out in relation to this development until such time as a Construction Certificate pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended has been issued by Council or an accredited certifying authority certifying that the plan is in accordance with Oberon Council’s Guidelines for Engineering Works. Upon certification, the measures in the control plan are to be implemented during the course of the development.

Reason: To minimise the risk of soil erosion and water pollution. Section 79C(1)(b) and (d) of the Environmental Planning and Assessment Act 1979, as amended. 10. Long Service Levy

Prior to the issue of a Construction Certificate, the applicant is to satisfy Council that the amount of the long service levy payable under Part 5 of the Building and Construction Industry Long Service Payments Act 1986 in respect of the construction works, has been duly paid or, if the levy is to be paid by instalments pursuant to Section 43 of that Act, the first instalment of that long service levy has been duly paid.

Reason To comply with the relevant provision of the Building and Construction Industry Long Service Payments Act 1986. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. PRIOR TO THE COMMENCMENT OF WORKS: 11. 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. 12. Weed Control

Evidence by way of an appropriate inspection notice by the Upper Macquarie County Council is to be provided to Council indicating that the land is free of weeds or an appropriate plan (acceptable to the Upper Macquarie County Council) is in place, prior to the commencement of any subdivision works.

Reason: to ensure all work is carried out in an environmentally responsible and sustainable manner. 13. Run-off and erosion controls

Prior to and during the commencement of works the applicant shall erect soil erosion and sedimentation controls for the following purposes;

Control of run-off and diversion to the ‘Interim sedimentation trap area’ prior to the development of the land.

Method of stabilising the land from erosion and sediment movement after the completion of works, prior to the development of the land.

Reason: To ensure adequate sedimentation and erosion control measures are provided on site.


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DURING CONSTRUCTION: 14. Earthen Batters

Any earthen batters shall be graded and compacted to a grade no greater than 1:3. The batters shall also be topsoiled and grassed to further stabilise the filled area from erosion.

Reason: Because it is in the public interest that the design of that those aspects of the development comply with Council’s Engineering Guidelines. Section 79C(1)(c) and (e) of the Environmental Planning and Assessment Act 1979, as amended. 15. Dust nuisance

The applicant shall ensure that during construction works all measures are taken to eliminate/suppress any dust nuisance emanating from the site.

Reason To ensure the impacts associated to the construction of the development are minimized for adjoining land owners. 16. Construction noise

Construction noise shall be in accordance with the ‘Noise Control Guidelines’ for construction noise standards. Hours of operation shall be permitted between 8am – 6pm Monday to Friday and 8am – 1pm Saturdays. No heavy machinery work or usage shall be permitted on Sundays or Public Holidays.

Reason: To ensure the amenity is preserved for adjoining land owners. PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE: 17. Subdivision Certificate


Reason: To comply with the requirements of Section 109C of the Environmental Planning and Assessment Act. 18. Advertising Strategy

The applicant is to submit to Council an overall strategy to control advertising for the sale of the lots. Unless development consent can be assumed in accordance with the Exempt Development criteria of SEPP (Exempt and Complying) 2008, a further development application for the erection or display of any advertising structure or sign on the land or any building thereon, shall be lodged and approved.

Reason: So that Council may adequately assess the impact of advertising for the development. Section 79C(1)(a) of the Environmental Planning and Assessment Act 1979, as amended.


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19. Building Number A building number shall be displayed in a position clearly visible from the street in letters having a height of not less than 75 mm (3 inches). The number must be in a contrasting colour to the background on which it is placed.

Reason: Because it is in the public interest that the building/property be easily identifiable. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. Notations This development consent is expressly for the purpose of the subdivision of land as described and provides no approval for construction work or activity. Works or activities identified by any of the conditions of this determination requiring construction or aspects thereof will need to be the subject of additional application to Council (or another Principal Certifying Authority) for the construction, inspection and certification of the work/activity. Appropriate certification/s of the work/activity completion, is to be provided to Council prior to or with the application for the certification by Council of the subdivision or any stage thereof. No buildings or structures including temporary buildings, carriages, shipping containers and the like are to be sited on any of the proposed allotments in the development, without first obtaining the appropriate approval of the Council (or another Principal Certifying Authority). Where appropriate, the applicant should provide a suitable restriction as to the use of the land indicating the above (on the plan / title) to the satisfaction of Council, prior to or with the application for the certification by Council of the subdivision or any stage thereof.

Notes:


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13.04 2016/17 FINANCIAL STATEMENTS

File No: Governance/Ordinary/October 2017 Author: Lynette Safranek, Finance & Community Services Director

Summary The 2016/17 Financial Statements are showing a surplus of $4 million, inclusive of Capital Grants. The Statement of Cash Flows on page 8 of the Financial Statements shows the total cash, cash equivalents and investments at $13.4 million which is made up of $1.6m cash and $11.8m in term deposits.

Recommendation: That: 1. In accordance with Section 413 (3) the annual financial report:

is in accordance with the Local Government Act 1993 (as amended) and the Regulations made there under; the Australian Accounting Standards and professional pronouncements; and the Local Government Code of Accounting Practice and Financial Reporting.

presents fairly the Council’s operating result and financial position for the year, and accords with Council’s accounting and other records; and

Council is not aware of any matter that would render this report false or misleading in any way.

2. That the Financial Statements for the year ended 30 June 2017 be accepted and be made available for submission to the Auditor General’s Office and the Office of Local Government.

Comment A copy of the Financial Statements is included as a separate ATTACHMENT. Below is a summary of the 2016/17 Financial Statements.

2016/17 Budget

$000

2016/17 Actual

$000

Income Statement Total Income from Continuing Operations Total Expenses from Continuing Operations Net Operating Result from Continuing Operations Net Operating Result from Continuing Operations before Grants & Contributions provided for Capital Purposes

18,689 14,891 3,798

3,364

19,454 15,019 4,435

4,001

Statement of Financial Position Total Current Assets Total Current Liabilities Total Non Current Assets Total Non Current Liabilities Total Equity

15,220

(2,703) 279,349

(4,086) 287,781


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Other Financial Information Unrestricted Current Ratio (Benchmark = ≥ 1.50x) Operating Performance Ratio (Benchmark = >0%) Debt Service Cover Ratio (Benchmark = ≥2.00x) Rates & Annual Charges Outstanding Ratio (Benchmark = <10%) Own Source Revenue (Benchmark = ≥60%)

2.87x

20.86% 12.10x

7.68% 63.79%

Council’s own source operating revenue ratio of 63.79% is above the benchmark of 60%, as well as an increase from the previous financial year (61.99%). This indicates Council is not reliant on government grants and contributions to provide services to the community. Note 16 on pages 53 and 54 of the Financial Statements is showing several unfavourable budget variations.

Net gains from disposal of assets had two items included in the budget (industrial sub-division and Hathaway Cottage) that did not eventuate during this financial year.

An increase in employee benefits and on-costs was due to one staff member that we had on workers compensation who was building leave. This matter how now been resolved.

The Audited Financial Statements and the Auditors Report on the Conduct of the Audit in the Financial Statements will be presented to Council at this meeting by John Thompson, Crowe Horwath. The Statements will be on public exhibition between 18 October and 21 November 2017 on Council’s website at www.oberon.nsw.gov.au or in hard copy version at Council’s Administration Centre and Oberon Library in accordance with the Auditor Generals requirements.

Notes:

http://www.oberon.nsw.gov.au/


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13.05 WATER WRITE OFF – ASSESSMENT NO. 12364531

File No: PR187.1300 Author: Chris Schumacher, Works and Engineering Director; Lynette Safranek Finance & Community Services Director

Summary Oberon suffered one of its coldest mornings on Saturday 22 July 2017, resulting in several water service and delivery issues, predominately a burst residential water service line and meter at the property of assessment 12364531.

Recommendation: That Council: 1. Write off the residential water consumption of 136kL on Assessment 12364531 due to the

unforeseen damage sustained from the severe frost Saturday 22 July 2017. 2. Issue a water account to the resident for water consumed, on historical averages, totalling

consumption of 17kL or $48.96.

Comment: During the night of Saturday 22 July 2017, the Oberon Council Local Government Area experienced its coldest winter night on record for 2017, with a minus nine (-9). Council was advised of a burst in the residential water main connecting into the property of Assessment No 12364531 due to the severe weather on Saturday 22 July. Sometime during the evening of Saturday 22 July the frost burst the residential water main connecting into the property, as such the damaged service has gone unnoticed for some considerable time. The resident notified Council Sunday morning 23 July, reporting no water was available to the property. Council Plumbers attend the property and undertook repairs to the water supply line and installed a new 20mm water meter. The damage concerns were raised by the owner in relation to excessive water charges being billed as a result of the accidental frost damage. Council staff agreed to review the history of water consumption at this address on the basis of averages. An investigation of water records indicate that an average of 17kL of water has generally been consumed by the sole resident of this property and does reflect an accurate account of the Quarterly billing issued to the account holder. The previous four (4) quarters subsequent of the frost damage were as follows: 17kL, 15kL, 16kL, and 22kL. Giving an average of 17kL per quarter. Therefore it is recommended that the water account for this quarter should be for the consumption of 17kL @ $2.88 per kL - $48.96.


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13.06 SEWERAGE PROJECT- EAST OBERON RETICUALTIONFile No: Sewerage and Drainage/ Sewerage - GeneralAuthor: Chris Schumacher, Works and Engineering Director

SummaryAs part of the Councils undertaking to investigate options to connect existing residential blocks inEast Oberon with Reticulated Sewer formal engineering investigation has now been completed byHunter H2O with recommendations for Councils consideration.

Recommendation:

That

1. Council undertake consultation with the community, including home owners in East Oberon, inaccordance with Council’s Community Engagement Strategy and the project document seekingfeedback on the Options study for reticulation of the East Oberon project.

2. Council hold a community meeting with residents of East Oberon and potentially affectedlandowners 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 appropriatecommunity consultation being undertaken and the outcomes of that consultation being tabledat a future Council meeting

Commentary:A copy of the Oberon East Sewerage Investigation Options Report is provided as a separateATTACHMENT.

Following is a brief background on the Oberon Sewerage Project comprising two components.

1.1 IntroductionThe Oberon Sewerage Project comprises two components:

Upgrade of Oberon Sewage Treatment Plant (STP).Connecting unsewered properties in East Oberon to reticulated sewerage.

1.2 BudgetThe current budget estimates are:

· Design and construct STP: $6,120,000· Design and construct East Oberon Sewerage $2,000,000· Investigation, concept design, environmental

assessment and project management $790,000· Contingencies $990,000Total $9,900,000

1.3 FundingThe project is currently funded by Oberon Council and the NSW Government on a 50%-50% basis.The current funding agreement is under the Water Security for the Regions program. Council isconsidering applying for further funding under the Safe and Secure program, announced by theGovernment in August 2017.


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2. PurposeIt aims to provide Councillors, and possibly other stakeholders, with information that is required forCouncil’s decision making on this component for the East Oberon Sewerage only.

3. Current Status of East Oberon Sewerage

3.1 CommitmentCouncil has not resolved to proceed with this component. Any decision to continue with thiscomponent is reliant on community consultation before further financial commitments areconsidered.

An engineering investigation was carried out to assist council with making this decision – referSection 3.2 below.

Council may elect to commence the consultation process before resolving to proceed or otherwise.For further discussion refer to Section 3.3 below.

3.2 Investigation

3.2.1 IntroductionCouncil commissioned consultants Hunter H2O to carry out an investigation of East Oberonsewerage. Investigation, AKA Options Study, is the first engineering study for infrastructureprojects. The purpose of the investigation is to establish design criteria, recommend suitabletechnology, identify issues and update the cost estimates.

Hunter H2O submitted a draftreport, and are now working onfinalising it. Sufficient informationis now available to brief Councilon the outcomes of theinvestigation.

3.2.2 ScopeThere are approximately50 residential properties in EastOberon that are not connected toOberon sewerage system. Theseproperties rely on septic tanksand absorption trenches for thetreatment and disposal ofwastewater. The area covered bythis project is shown in Figure 1.

The scope of this component is toprovide a reticulated seweragesystem to this area. The sewerage system would have sufficient capacity allow furtherdevelopment of additional 50 houses in this area (through subdivision and/or dual occupancy).

Figure 1: Area to be Sewered


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3.2.3 BenefitsThe benefits of providing reticulated sewerage to replace the septic tanks include:

· Provide residents of East Oberon with the same levels of service as the rest of the town.· Reduced environmental risk (pollution of waterways).· Reduced public health risk (overflowing septic tanks).· Facilitate development in the area.

3.2.4 Proposed TechnologyHaving considered a number of technologies, the consultant recommended using low pressuresewerage system for East Oberon. This system comprises a pumping pit in every property and anetwork of pressure pipes to convey the wastewater to a central location.

Each pumping pit is equipped with a robust grinder pump that breaks up any solids and pumps theliquid through the pipes. The operation is automatic and does not require any involvement from theresidents. A typical installation is shown in Figure 2.

Figure 2: Typical Low Pressure Sewerage Installation

Low pressure sewerage systems have been used extensively in Australia in the last decade.Currently these systems are being implemented by Griffith City Council, Leeton Shire Council andUralla Shire Council.

3.2.5 Connection to the STPThere are two options to transfer wastewater to Oberon STP (refer to Figure 1):

1) Connect to the existing sewerage pumping station at the corner of Duckmaloi Road andBlenheim Avenue, and utilise the existing pipes and pumping stations to transfer thesewage to the STP.

Construct a new pipe directly from the service area to the STP, bypassing the existing system.

The second option is preferred from technical point of view, but the impact on the land use of thearea north of the STP is still to be determined.


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3.2.6 CostThe investigation report estimated the cost of the system at $1.43 million, well within the budget(refer to Section 1).

3.3 Community Consultation

3.3.1 IntroductionConsultation with the community, in particular with the home owners in East Oberon, is critical tothe success of the project.

The next step is community consultation. The consultation will target homeowners in East Oberon,but will include all Oberon residents and stakeholders. It will include, but not be limited to:

· Initial mail out to residents, combined with a press release and advertising in the localpaper.

· A public meeting, outlining the project and answering questions.· Second mail out to residents following the meeting.· A forum for public comments, possibly Web based.· If required, a survey of the residents to determine the number of supporters and

objectors.

3.3.2 Benefits to Home OwnersThe focus of the consultation would be the benefits listed in Section 3.2.3.

3.3.3 Costs to Home OwnersIt is proposed that the capital costs for constructing the sewerage system, including the pumpingpits, will be provided by Council (co-funded by the NSW Government) at no cost to the homeowners.

Home owners will need to pay for the connection from the house to the pumping pit, and for anyplumbing changes required for the connection. The cost is dependent on the location of thepumping pit (to be decided in consultation with the home owners) and the plumbing arrangementsin the house.

Home owners will be required to pay annual sewerage charges at the same level as otherresidents in Oberon. In 2017/18 this charge is $616. It will be a decision of Council as to whenthese charges are to be implemented however it is suggested that the charges could be appliedfrom the start of the construction contract or on completion of the connection. There would need tobe a definitive time frame placed on all residences connecting to the system upon its installation.

It is expected that Council will pay for the electricity cost of running the grinder pumps through adiscount to the annual charge. These are estimated at $50 pa.

3.3.4 Other impactsThe impact of the construction works of a low pressure sewerage system are significantly lowerthan the those associated with a gravity sewerage system, due to the smaller pipe size andshallow trenches. Nevertheless, there will be some disturbance associated with the constructionactivities.


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3.3.5 Consultation StrategyA detailed consultation strategy needs to be developed, following Council’s approval to proceed.It is proposed that the strategy will comprise:

· Initial mail out to residents, combined with a press release and advertising in the localpaper.

· A public meeting, outlining the project and answering questions.· Second mail out to residents following the meeting.· A forum for public comments, possibly Web based.· If required, a survey of the residents to determine the number of supporters and

objectors.

This is considered to be additional to our current Community Engagement Strategy, which will beused as the overarching consultative document

3.4 Additional ConsultationIn addition, consultation with the owner(s) of the land north of the STP is required. In addition to theimpact of the direct connection to the STP, the other component of the project, the STP upgrade,may impact on the land as well. These need to be considered as part of the overall project.

It is recommended that Council resolve to proceed with the consultation as outlined in this report.

Notes:


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13.07 PROPOSAL - PROJECT MANAGEMENT FOR OBERON SEWERAGE CONTINUATION WATEROZ

File No: Sewerage and Drainage/ Sewerage - General Author: Chris Schumacher, Works and Engineering Director

Summary Council is in receipt of a proposal from WaterOz for the continuation of Project Management works associated with the two major Oberon Sewerage projects currently being undertaken through the Infrastructure for NSW Program (INSW).

Recommendation: That: Council enter into an agreement to continue with the professional services of WaterOZ for the period the next 12 month period up to 30 September 2018.

Comment: WaterOz Proposal to continue Project Management Services for Oberon Sewerage Projects FOLLOWS. Oberon Council was successful with obtaining $4.95M, 50% funding through a grant submission to the Regional Water Securities Program, Infrastructure for NSW. The grant forms two major projects components of work as follows:

2) Upgrade of Oberon Sewage Treatment Plant (STP). 3) Connecting unsewered properties in East Oberon to reticulated sewerage.

In order to facilitate the undertakings and requirements of these projects WaterOz professional expertise have been engaged by Council to assist in the start up phases of project investigation, survey and design concepts for both of the above projects. To date a total of three (3) workshops involving staff, Councillors and the successful consultants Hunter H2O and Arup have been conducted. These workshops have driven the direction and requirement for these important projects, developing the drivers and key critical information required to bring the best outcomes for the future community needs of serving Oberon’s sewerage requirements. It is critical in these types of projects at the early life of investigation works that all initial data collection and investigation is captured to best understand network performance and areas for development, growth. The expertise of WaterOZ has been invaluable in assisting to steer Oberon Council requirements through the investigation and design phases for the two projects. Not only residential expansion into the future, but liquid trade waste discharges from small through to big industry needs are taken into consideration to determine suitability regarding the design, volume and capacity to provide for treating the future needs of Oberon and its requirements to comply with its Environmental obligations of its EPA Load based licence. To assist staff in the delivery of these large projects the professional expertise and ongoing engagement of WaterOz will assist Oberon Council in the following areas of compliance:


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1) Tendering and Tender Evaluation

2) Reporting requirements of Infrastructure for NSW and Department Primary Industry Water Compliance.

3) Regulatory Environmental Compliance with new STP Licence through regulators of the Environmental Protection Authority.

4) Project Timeline, Scheduling and Budget Control and reporting to INSW and Council regularly.

5) Assist Council in determining best outcomes (e.g. Process selection, Design, Construction and Tender Evaluation).

In line with the attached Water Oz Proposal a continuation of services is proposed for the duration of the next 12-month period, during this period WaterOz involvement will involve some heavy lifting in the project management area to ensure delivery of project objectives, of course subject to Council ongoing support of the two projects. On the basis of the WaterOz fee proposal an average monthly allowance of $6,000 per month plus travel expenses of $400 per trip has been proposed. The upper fee limit of $80,000 Ex. GST is outlined (reference Item 2. of attachment), and shall not exceed that amount without further approval of Council. The funding to allow these services can be directly derived from the project management costs tied to these projects. It is therefore recommended that Council enter into an agreement to continue with the professional services of WaterOZ for the period the next 12 month period up to 30 September 2018. Should Termination of agreement of engagement by either party can be made early with one month written notice.

Notes:

WaterOz Pty Ltd 70 Balmain Road, Leichhardt, NSW 2040 ABN 28 612 790 833 [email protected] 0448 480 200

Contact: Gidi Azar

[email protected] Our reference: 1134

1 September 2017 Oberon Council By email Attention: Mr Chris Schumacher

Dear Chris,

Proposal – Project Management for Oberon Sewerage Project Continuation

Oberon Council commissioned WaterOz to assist with project management of this project up to the completion of the investigation phase. This phase is expected to conclude in September 2017.

I trust that Council is cognisant of the importance of engaging a project manager who is:

Expert in sewage projects.

Experienced in managing consultants / contractors.

Understands the regulatory framework.

Independent.

Committed to protecting Council’s interests.

I have all these qualities and I am keen to continue working with Council on this exciting project. I can also provide continuity and professional overseeing of all phases of the project.

This proposal is for the continuation of the project management services beyond the investigation.

1. Scope of Works Project management services typically include the following.

Assist Council in tendering and tender evaluation.

Liaise with the INSW and DPI Water and ensure compliance with funding agreement.

Liaise with regulators and ensure regulatory compliance (environmental, licensing).

Maintain a project timeline and budget and report to INSW and Council regularly.

Assist Council in making decisions (e.g. process selection, D&C or traditional, tender evaluation).

Manage consultants / contractors.

© 2017 WaterOz Pty Ltd


WaterOz Page 2

Manage the consultation / information process.

Manage disputes (or better still, manage the project to avoid them).

Generally looking after Council interest.

For this project, we have assumed that briefs for each stage will be prepared by the consultant responsible for the previous stage. However, if necessary, I could prepare or assist in the preparation of tender documents. This may require additional fee.

I expect to visit Oberon monthly. During these visits, I will meet with Council staff and, attend meetings with regulators and other stakeholders and make presentations to Councillors.

2. Fee It is difficult to provide a lump sum fee for this work, as the amount of work would vary according to progress, the contractual path, and contingencies (weather, disputes).

I therefore propose to carry out the work on a time basis at an hourly rate of $300 excluding GST, with a maximum daily charge of 8 hours. Travel costs for each trip to Oberon will be a fixed sum of $400 excluding GST. These rates are fixed for 12 month.

Additional personnel, if required to be commissioned by WaterOz, will be charged at cost +20%.

I suggest that, for budgeting purposes, Council allow $6,000 per month (~20 hours). Monthly invoices will be submitted detailing the hours and the tasks completed. I expect that there will be fluctuations in the monthly invoices, but I will endeavour to notify Council in advance if the monthly cost is likely to exceed $6,000.

I suggest that Council budgets $80,000 pa for project management. As demonstrated during the investigation, the monthly invoices were typically within $6,000.

3. Contractual Arrangement I will work closely with Council, acting as an extension of Council staff. I do not require day-to-day supervision, and expect that we will continue the existing relationships of trust and confidence. I will provide recommendations as appropriate, and decisions will be made by authorised Council staff or by Council resolution.

I am committed to looking after Council’s interests. WaterOz will not be involved in any other role for the project, and I will immediately advise Council of potential conflict of interests.

I propose that the engagement will be on an annual basis. That is, Council commission WaterOz for a year (October 2017 to September 2018) with an upper fee limit of $80,000 excluding GST (comprising 12 months @ $6,000, 12 trips @400 and a small contingency). The limit will not be exceeded without Council’s approval.

The contract will be renewed annually if both parties wish to continue. I suggest that each party could terminate the agreement early with one month notice.

Please contact me if you want to discuss this proposal or change its scope.

Yours faithfully

Gidi Azar

Director


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13.08 ROAD NAMING – ROADS OFF BRACKEN GLEN LANE

File No: BCS/ Roads /Naming /Roads and Lanes Author: Chris Schumacher, Works and Engineering Director

Summary This report is further to the recent Council advertisement inviting public submissions for road naming for the recently completed subdivision off Bracken Glen Rd, Oberon.

Recommendation: That in accordance with the NSW Road Naming Policy, it is recommended that Council endorse road names for the four (4) new bitumen roads that are part of the new subdivision off Bracken Glen Lane.

Comment FOLLOWING is a Map showing the location of the unnamed roads within the Bracken Glen subdivision. Further FOLLOWING is Section 6.7 “Principles of Road Naming”, Section 6.8 “Principles of Locality Naming and Boundaries and Section 6.10 “Road Types” from the NSW Addressing User Manual which give a guide to how road naming must be undertaken. Recently a new subdivision was developed along with approval to construct four (4) new bitumen public roads. The unnamed roads are located off Bracken Glen Rd. An advertisement was placed in the Oberon Review inviting road naming suggestions. As a result of the advertising substantial submissions were received from four people with suggestions for the road names. The suggested road names were:

Armstrong Street (or Road)

Arthur Street (or Road)

George Waddell Drive (or Road)

Roy Close (or Road)

William Street (or Road)

Jetbar Street (or Road)

Dickson Street (or Road)

Carolyn Street (or Road)

Tiger Crescent (or Cul de Sac)

Patrick Scott Drive, or Scott Drive or Pat Drive

George Armstrong Avenue

Arthur Street (or Close)

The Willows Road

Amy Street (or Close)

Ada Street (or Road)

Alexander (Alex) Street (or Road)

Glendalough Street (or Road)

Charles or Charlie Street (or Road)

Diviner Road


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In relation to road types Section 6.10 of the NSW Addressing User Manual the road types applicable to all four new roads are listed below: Close (Cl) – Short, enclosed roadway Court (Ct) – Short, enclosed roadway Place (Pl) – Short, sometimes narrow, enclosed roadway Council may also consider Lane (Lane) noting that the description of this road type is “Narrow way between walls, buildings or a narrow country or city roadway.” George Armstrong, Patrick Scott and George Waddell are not considered as appropriate road names in accordance with Section 6.7.5 of the NSW Addressing User Manual which states that “The use of given or first names in conjunction with a surname is not acceptable for road naming.” Patrick Scott was a long standing employee of Oberon Council who recently passed. He worked for many years on the parks and gardens crew tending to streets, parks and cemeteries in the Oberon Local Government Area. Jetbar is not considered acceptable in accordance with Section 6.7.5 of the NSW Addressing User Manual which states “Commercial and business names shall not be used. Armstrong (existing Armstrong Pl Oberon) and The Willows or Willows (existing Willows Springs Rd Oberon) are unacceptable per Section 6.7.4 of the NSW Addressing User Manual which states that “Road names shall not be duplicated within the same locality; within an adjoining locality; within 30 kms in a rural area.” The following names do not appear to contravene any guidelines within the NSW Addressing User Manual, although the GNB does have discretion to reject any proposed road names – George William Scott Patrick or Pat Alexander Arthur Charles or Charlie Waddell Roy Ada Harold Glendalough Diviner Dickson Carolyn Tiger Amy The names George, Roy, Ada, Harold, Arthur, Charles, Waddell, Alexander and Amy are members of the Armstrong family who have had a long connection as owners of the land on which the new subdivision now sits. Glendalough is the town in Ireland from where the Armstrong family originated. Diviner is an acknowledgment of George Waddell Armstrong who used a wire rod to divine for water on the property.


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The name Dickson is an acknowledgement of past owners of the land. The names William and Carolyn are members of the Gibson family. Ross Gibson is the current owner who has subdivided the land. Tigers is in relation to the Oberon Tigers football team.

Notes:


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13.09 PROPOSED CROWN ROAD CLOSURES

File No: Roads/RCl/Perm Author: Chris Schumacher, Works and Engineering Director

Summary Council has received notification of the intent to close Crown Roads within the Westmoreland and Essington areas.

Recommendation: That Council has no objection to the closure of these sections of Crown Road, File ref: 11/10534 and 17/06944 provided that no properties are left without legal and practical access.

Comment FOLLOWING are copies of the plan of the proposed closures. The NSW Department of Primary Industry-Lands have advertised the proposed closure of sections of Crown Roads within the Westmoreland area (File ref: 11/10534) in the Oberon Review on 2 February 2012 and within the Essington area (File ref: 17/06944) in the Oberon Review on 20 July 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 closures have been checked. Council has no interest in these Crown road reserves, and will not be affected by their 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:

FISH RIVER

FISH RIVER

PARLOUR CREEK

PARL

OUR C

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FISH RIVER

BRISBANE VALLEY CREEK

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MOZART RD

GRADYS LANE

MURRAYS LANE

ABER

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MOZART RD

ABERCROMBIE RD

MOZART RD

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ABER

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W385010

W385010

W385010

W385010

W385010

LGA: LOCALITY : PARISH : COUNTY :Legend

±0 460 920 1,380 1,840230

Metres

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, 2016

Proposed Closure of Public Roads Cluster 588600Case Officer: EROBINSON Date: 16/08/2017 File ref: 11/10534

OBERONNORWAY & MOZART

CRETE, BALFOUR & MOZART

WESTMORELAND

CROWN LAND

STATE FOREST

CROWN ROADS NO APPLICATION & PROPOSED FOR CLOSURE

CROWN ROADS UNDER APPLICATION & PROPOSED FOR CLOSURE

MICHAEL HUTTON DOWSETT

ARDESS PTY. LIMITED

GILMORE NOMINEES PTY LIMITED

MICHAEL HUTTON DOWSETT

KENNETH HAROLD CRYERITA ROSE CRYE

STEPHEN JAMES HARRISJAYNE BERNICE HARRIS

BRYAN PATRICK EGANCHRISTINE JOAN EGAN

GILMORE NOMINEES PTY LIMITED

MICHAEL GEOFFREY CRYE

HOPES CREEK

NATIV

E DOG

CREE

K

NATIVE DOG CREEK

CHAIN

OF PO

NDS R

OAD

4DP1185361

16DP1201954

73DP757037

15DP1201954

1DP1133846

9DP757037

66DP757034

1DP1066706

72DP757037

1DP748996

17DP1201954

17DP1201954

4DP1185361

2DP748996

75DP757037

5DP1118768

167DP757037

7004DP1024801

59DP757034

46DP757037

64DP757034

38DP757034

2DP1002556

3DP1002556

211DP757037

1DP882459

61DP757037

88DP39501

3DP1133846

4DP1133846

APAN

IE RD

CHAIN OF PONDS ROAD

APANIE RD

W585786

W585786

W585786 W585786

LGA: LOCALITY : PARISH : COUNTY :Legend

±0 320 640 960 1,280160

Metres

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, 2016

Proposed Closure of Public Roads Cluster 586704

Case Officer: CMCNAUGHTON Date: 04/07/2017 File ref: 17/06944

GRAHAM GILMORE & OTHERSGRAHAM GILMOREDOUGLAS BOOKERGEOFFREY ARTERYMATTHEW COLLEY & OTHERSTATTYKEEL PTY LTDREBECCA & GWENDA MCMAHONMARK & LESLEY FREEMAN

CROWN ROADS UNDER APPLICATION & PROPOSED FOR CLOSURE

STATE FORESTCROWN LAND

OBERONESSINGTON

BALFOUR & ADDERLEY

WESTMORELAND

PAUL MONTALTO

EXTRA ROAD INCLUDED IN CLUSTER


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13.10 MEMORANDUM OF UNDERSTANDING (MOU) OBERON CORRECTIONAL CENTRE

File No: Legal Services/Agreements Author: Gary Wallace, General Manager

Summary A revised Memorandum of Understanding (MOU) between Oberon Council and the Oberon Correctional Centre has been developed.

Recommendation: That Council endorse the agreement with the Oberon Correctional Centre as detailed in the Memorandum of Understanding.

Comment A copy of the Draft MOU FOLLOWS for Councillors information. In 2012 Council and the Oberon Correctional Facility entered into a Memorandum of Understanding (MOU) that provided opportunity for the Centre and Council to work in partnership on certain projects. The benefits included:

Providing community facilities that are of lasting benefit to the community;

Providing opportunities for inmates to be involved in work that is of mutual benefit to the community and the workers;

Not threaten the job opportunities of people employed in the town;

Maintain community support for the Oberon Correctional Centre. In 2015 the logistics of continuing this partnership became difficult for the Correctional Centre and as a result no projects were undertaken. Recently, the Mayor and General Manager met with representatives of the Oberon Correctional Facility looking to re-establish an MOU given additional changes in the Corrective services area. This proposed Memorandum of Understanding (MOU) constitutes an agreement in principle between Oberon Council and the Oberon Correctional Centre concerning the maintenance and development of community facilities in and around the Oberon Local Government Area (LGA). This proposed MOU is not intended to give rise to legally enforceable obligations on the part of the parties. However, by their endorsement of this MOU, the parties confirm their intention to abide by its terms. In respect of the proposed MOU, both organisations express the wish to work together cooperatively to actively utilize the inmates from the Oberon Correctional Centre in developing community facilities. In addition there are a number of specific obligations by the Centre and Council and these are summarised below:


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OBERON CORRECTIONAL CENTRE Obligations

Inmate Training;

o inmates and staff will be trained in safety procedures

o inmates and staff will undertake refresher training as required

Inmates will; be provided with safety gear – work shoes, overalls, a protective sun hat

Provide tools and equipment, which will be maintained in good working order.

OBERON COUNCIL Obligations

Provide materials from time to time dependant upon the project.

It is considered that the proposed MOU will give opportunities for the Correctional Centre and Council to work in partnership on projects into the future and can be supported.

Notes:

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Memorandum of Understanding

Between

Oberon Council

And

Oberon Correctional Centre

On the formation and Working Arrangements for Community Project ventures in conjunction with

external leave provisions.

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MEMORANDUM OF UNDERSTANDING BETWEEN OBERON COUNCIL AND OBERON CORRECTIONAL CENTRE Introduction This Memorandum of Understanding (MOU) constitutes an agreement in principle between Oberon Council and the Oberon Correctional Centre concerning the maintenance and development of community facilities in and around the Oberon Local Government Area (LGA). This MOU is not intended to give rise to legally enforceable obligations on the part of the parties. However, by their endorsement of this MOU, the parties confirm their intention to abide by its terms. In respect of the MOU, both organisations express the wish to work together cooperatively to actively utilize the inmates from the Oberon Correctional Centre in developing community facilities. The MOU is intended to promote a spirit of partnership between the parties. This MOU reflects the long history of involvement and cooperation between the two organisations and reflects community expectations about the work that inmates are undertaking in the community. The MOU highlights a broad range of issues involved with the work that is being performed and addresses these issues and sets the parameters for works to be undertaken in the future. It is anticipated that the agreement will be subject to ongoing review and revision, as these opportunities and obligations become clearer, and as the range of issues is addressed. Term and Review of the MOU This MOU is put forward as an ongoing document by mutual agreement. It is proposed that it be subject to joint review at six monthly intervals in the first year of operation, with this interval being increased to annual review thereafter. Notwithstanding this requirement, it is agreed that any amendment by either party may be incorporated at any time by mutual agreement in writing. If either or both parties wish to terminate the agreement, written notice of 8 weeks is agreed to be given to each party of their intent.

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Objectives of MOU Community reparation is seen as an essential component of offender programs at the Oberon Correctional Centre and the parties to this MOU wish to secure work of benefit to the community and the inmates that will:

Provide community facilities that are of lasting benefit to the community

Provide opportunities for inmates to be involved in work that is of mutual benefit to the community and the workers

Not threaten the job opportunities of people employed in the town

Maintain community support for the Oberon Correctional Centre. Areas of Application The Oberon Correctional Centre can provide inmates for community projects along with supervision by custodial officers. The supervisory requirements are determined by reference to inmate classification as follows:

C2 inmates: these inmates will be supervised by an officer when away from the camp

General Operational Principles Under the MOU Oberon Council and the Oberon Correctional Centre generally agree to:

Provide open and honest communication between each party

Actively pursue community works that can be achieved with labour provided by Oberon Correctional Centre provided however that the use of Oberon Correctional Centre labour does not of itself create a loss of local employment

Focus on projects be those that will improve the community amenities and/or provide assistance to government and non-profit organisations.

Protocol for Assessment of Projects

In all but cases of urgent necessity or emergency the following protocols shall be

followed with respect to the involvement of Oberon Correctional Centre inmates and

personnel.

A monthly Scope of Works should be directed to the Oberon Correctional Centre from

Oberon Council. The request must provide sufficient information for the project to be

assessed.

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Client Base

The current client base for Oberon Correctional Centre operations includes the Oberon

Council, and may include local churches, service clubs, the National Parks and Wildlife

Service, Oberon Men’s Shed, State Forest and community based organisations, as well

as a number of clients sourced through these and other government agencies.

Allocating Projects

Projects shall be reviewed at the Oberon Correctional Centre Community Consultative

Committee (committee includes Oberon Council delegates) in relation to the Scope of

Works having regards to:

These resources available and required by Oberon Correctional Centre to

complete the task

The timelines associated with the project

The relative value of the work in terms of training and development of the skills of

inmates

The level of supervision required and available supervisors

The anticipated level of community satisfaction with the project

What assistance, if any, is provided to support the project before, during and

after completion

The assessment of potential conflicts of interest and private/individual interests.

Administration

The Oberon Correctional Centre will administer all aspects of the projects relating to the

supply and coordination of inmate labour and will undertake worksite work health and

safety risk assessments.

Plant Operation

All plant and equipment used by Oberon Correctional Centre inmates or supervisors

shall be required to meet relevant work health and safety standards. All operators of

equipment will have relevant certification or be undergoing supervised training relevant

to obtaining such certification.

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Insurances and Sureties

Inmates are covered by departmental public liability insurance and officers are covered

by workers compensation and public liability insurance. Where persons other than

Oberon Correctional Centre inmates or officers are involved, all other participants or

contractors must provide evidence of appropriate insurance coverage to the General

Manager of the Oberon Correctional Centre.

Contractor Agreements

Supervisors from the Oberon Correctional Facility will be required to be inducted under

the Centroc Contractor Induction Program prior to any projects being undertaken.

Supervisors will be trained free of cost by Oberon council.

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The State's (Oberon Correctional Centre) Obligations

Provision of Inmates to carry out the Works

The State will provide Inmates to carry out the Works in accordance with the Scope of

Works

Inmate Training

The State, at its cost, will ensure that:

Inmates and all staff of the Oberon Correctional Centre involved in the

Program are trained in the Safety Procedures prior to participating in

the Program; and

Inmates and all staff of the Oberon Correctional Centre involved in the

Program undertake refresher training as required.

Site and Safety Requirements

The State must provide each Inmate with the following safety gear prior to carrying out

any Works:

work shoes

overalls

a protective sun hat

The parties agree that the Inmates will carry out the Works at ground level and at no

time during the Term will Inmates be required to carry out in accordance with Scope of

Works:

Provision of Tools and materials for the Program

The State will provide the Inmates with all Tools and other equipment necessary to carry

out the scope of Works.

The State will ensure that all Tools and equipment provided in accordance with clause

are well-maintained and kept in good working order at all times during the Term.

Council will provide any materials that are required to carry out the Works.

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COUINCIL OBLIGATIONS

Inmate Performance

If the Oberon Council has any concerns about the performance or conduct of any

particular Inmate, the Council is obliged to give the Oberon Correctional verbal and

written notice of these concerns in a timely fashion addressed to the Manager of

Security Oberon Correctional Centre.

Any breaches by Inmates in respect of WHS or performance the said inmate will be

collected immediately by the correctional facility in the time applicable to get to the work

location.

Delivery of the Scope of Works

On any Program Day, or part thereof, on which any of the following apply:

raining conditions;

ice and/or snow present;

occurrence of a lock down or strike at the Oberon Correctional Centre,

that Work Day will be postponed to another date that is mutually

acceptable to the parties.

In any of the circumstances referred to in clause above, the State will contact the

Oberon Council’s contact person prior to commencement of the Scope of Work project

and advice of its postponement.

Review of the Program

The following individuals must meet every three (3) months from the Commencement

Date for the duration and Term of the MOU to conduct an evaluation of the Program:

The Program evaluation to be conducted by consultation between the General Manager

or his/her delegate and the Manager of Security Oberon Correctional Centre or his/her

delegate:

Considerations are but not limited to;

security Inmate performance review

Scope of Work Site selection

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Signatures to the Agreement

Oberon Correctional Centre

General Manager ________________________________________

Date ________________________________________

Oberon Council

Mayor ________________________________________

Date ________________________________________

General Manager ________________________________________

Date ________________________________________


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13.11 OBERON QUARRIES PTY LTD – MAINTENANCE/REPAIR CONTRIBUTIONS

File No: Roads Author: Chris Schumacher, Works and Engineering Director & Lynette Safranek Finance & Community Services Director

Summary The report is to advise councillors of the requirement to draw on “Externally Restricted” funds under the “Developer Contributions” for capital road work improvements to Titania Road and Titania Road/Edith Road intersection.

Recommendation: That Council transfer $450,000 from the externally restricted funds for the purposes of capital road improvements on Titania Road.

Comment: FOLLOWING is condition 29 and 30A the relates to the original approval for the Hargraves Quarry. Since the commencement of operations Oberon Quarries have, as part of their original development consent, condition 29 required the applicant to make maintenance/repair contributions on a “per tonne” basis to Oberon Council to assist with the upkeep of the following roads: Condition 30 stipulates what the haul route for the Quarry consists of, being.

1) Old Shooters Hill Road – Hargraves Quarry Road to Old Shooters Hill Road to Edith Road 2) Edith Road - Old Shooters Hill Road to Titania Road. 3) Titania Road – Edith Road to Duckmaloi Road

The contributions are directly tied to the funding contribution paid to Oberon Council to provide and assist for both ongoing maintenance and/or capital improvements required to this 7.8 kilometre route in which Oberon Quarry trucks operate. These funding payments received by Oberon Council are held as externally restricted cash in Councils Financial Statements under Note 6c Developer Contributions which currently has a balance of $1,702,000 as per the 2016-17 Financial Statements. Oberon Quarries is a contributor towards this restricted cash reserve, with a current contributed balance of $643,000, as at 11 October 2017. Engineering staff are in the final stages of planning necessary ‘Heavy Patch’ repair works to numerous section of the road. It is proposed to engage the services of a Pulvy Mill with stabilising additive to make the select patch rectifications along a 4.8km stretch of the Titania Road, Between Edith Road and the Duckmaloi Road. Additional work on the Titania Road at the intersection with Edith Road will also see Council staff fully remodel the old dilapidated intersection with the removal and reinstatement of a new concrete traffic island once full rehabilitation of the existing pavement has been completed. The total works have been costed at $450,000 to complete both the heavy patch stabilisation work and the rebuild of the intersection and apply new bitumen seal to those affected areas. These works are in addition to the 2.2km of ‘Repair Program’ grant funded road works currently under construction on the Edith road between Old Shooters Hill Road and Titania Roads.


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These repairs will take place from 30 October 2017 commencing on Titania Road for 3 days, following onto the Abercrombie Road heavy patch repair work. It is anticipated the total program of heavy road repair works will proceed over two (2) weeks with bitumen sealing to follow immediately, all subject to favourable weather conditions. It is anticipated that the total value of these works on the Titania Road will be $450,000 leaving approximately $193,000 in Oberon Quarries contributed reserves. Note that subsequent monies will continue to accumulate for future works in which the funding is directly tied with the ongoing operations of the Oberon Quarries and its development consent.

Notes:


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13.12 PROPOSED AUDIT AND RISK COMMITTEE

File No: Legal Services/Agreements Author: Gary Wallace, General Manager

Summary To advise Council of a proposed new Audit Committee proposed to be implemented by Council in conjunction with Lithgow City Council.

Recommendation: That: 1. Council agree to the establishment of an Audit committee in partnership with Lithgow City

Council.

2. Council adopt the draft Terms of Reference for the Audit Committee attached to this report.

Comment FOLLOWING is a copy of the draft Terms of Reference prepared in conjunction with Lithgow City Council in preparation of implementing a stand alone Audit and Risk Committee for the two Councils. Previously Council had established an Audit Committee in partnership with Lithgow and Mid West Councils, however the committee has remained dormant throughout 2016 and 2017. Lithgow and Oberon Councils’ have revised the Terms of Reference for the Audit Committee to reflect the continuing partnership of those two Councils, which now will include independent representation external to both LGA’s consistent with the principles espoused by the Office of Local Government (OLG) relating to the establishment of the Audit Committee. Oberon and Lithgow City Council’s administrative staff have met and revised the Terms of Reference for the committee for the consideration of the respective Councils. Both Administrations agreed to place the matter before the October 2017 round of Council meetings, allowing for the establishment of the new Oberon Council. In the past Mid Western Council was a partner in the Audit Committee however chose to leave some time ago. Representation has not currently been made to Mid Western Regional and as a result has not been included in the proposed partnership. This may be reconsidered upon the Committee being formulated in accordance with the Terms of Reference. It is considered that the draft Terms of Reference should be adopted to comply with the Office of Local Government requirements and to add a further layer of transparency in the assessment of auditing and risk.

Notes:

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CENTRAL TABLELANDS ALLIANCE (CTA) AUDIT COMMITTEE

Audit Committee Charter

1 Name

The Committee will be called the Central Tablelands Alliance (CTA) Audit Committee. 2 Status

Established by authority of the Lithgow and Oberon Councils on 20 Sept 2010, Minute 10-402.

3 Purpose

The Audit Committee Charter sets out the role, composition, authority, responsibilities and operation for the CTA Audit Committee.

4 Objective

4.1 The main purpose and function of this Committee is to provide independent assurance and

assistance to Councils on risk management, control, governance and external accountability responsibilities.

4.2 In addition, the purpose and function of this Committee is to ensure that there is an adequate

and effective system of internal control throughout Council and to assist in the operation and implementation of the Internal and External Audit Plans.

5 Authority

The Councils authorise the Committee, within the scope of its role and responsibilities, to:

i) Obtain any information it needs from any employee or external party (subject to their

legal obligation to protect information)

ii) Discuss any matters with the external auditor or other external parties (subject to confidentiality considerations)

iii) Request the attendance of any employee or councillor at Audit Committee meetings

iv) Obtain external legal or other professional advice, as considered necessary to meet its

responsibilities

v) Appoint the representatives to the Committee, as per the parameters and procedures outlined in section 7 of this Charter

6 Role and Responsibilities

i) The role of the Audit Committee is to oversight risk, compliance, external

accountability and the internal control environment on behalf of Council

ii) The Committee has no executive powers, except those expressly provided by the Council

iii) In carrying out its responsibilities, the Committee must at all times recognise that

primary responsibility for management of Councils rest with the Council and the General Manager as defined by the Local Government Act

iv) The responsibilities of the Committee may be revised or expanded by CTA Councils

from time to time

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Specifically, the Audit Committee’s responsibilities are: 6.1 Risk Management – oversight CTA Councils’ risk management arrangements and review

whether or not:

i) Council complies with relevant risk management standards

ii) Management has in place a current and comprehensive risk management framework, and associated procedures for effective identification and management of business and financial risks, including fraud

iii) A sound and effective approach has been followed in developing strategic risk

management plans for major projects or undertakings

iv) A sound and effective approach has been followed in establishing business continuity planning arrangements, including if plans have been tested periodically

6.2 Control Framework - review whether or not:

i) Management has adequate and effective internal controls in place, including over

external parties such as contractors and advisors

ii) Management has in place relevant policies and procedures, and if these are periodically reviewed and updated

iii) Appropriate processes are in place to assess if policies and procedures are complied

with

iv) Appropriate policies and procedures are in place for the management and exercise of delegations

v) Management has taken steps to embed a culture which is committed to ethical and

lawful behaviour

6.3 External Accountability:

i) Being satisfied that the annual financial reports comply with applicable Australian Accounting Standards and are supported by appropriate management sign-off on the statements and the adequacy of internal controls

ii) Reviewing the External Audit opinion, including whether or not appropriate action has

been taken in response to audit recommendations and adjustments

iii) Considering contentious financial reporting matters in conjunction with Council’s management and External Auditors

iv) Reviewing the processes in place designed to ensure financial information included in

the annual report is consistent with the signed financial statements

v) Being satisfied that there are appropriate mechanisms in place to review and implement, where appropriate, relevant State Government reports and recommendations

6.4 Legislative Compliance

i) Determine if management has appropriately considered legal and compliance risks as

part of risk assessment and management arrangements

ii) Review the effectiveness of the system for monitoring compliance with relevant laws, regulations and associated government policies

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6.5 Internal Audit

i) Act as a forum for communication between the Councils, General Managers, senior

management, Internal Audit and External Audit

ii) Review and authorise the annual and long-term Internal Audit Plan as developed by the Internal Auditor including consideration of the Risk Management Plan

iii) Monitor the resources of the Internal Audit function and make recommendations to the

General Managers to ensure that the Internal Audit function is sufficient and appropriate

iv) Ensure and support the independence of the Internal Audit function v) Make recommendations for inclusion and/ or prioritising projects in the Internal Audit

Plan/s

vi) Make recommendations to commission audits of any kind, whether to be conducted by the Internal Auditor or otherwise

vii) Review all audit reports and consider significant issues identified in audit reports and

action taken on issues raised, including identification and dissemination of better practices

viii) Review and discuss the Internal Auditor’s quarterly reports including:

o YTD progress as per the Internal Audit Plan

o Significant variations that have occurred from the Internal Audit Plan

o Any specific concerns the Internal Auditor may have to discuss

ix) Monitor the acceptance and implementation of Internal Audit recommendations by management

x) Approve and periodically review the Internal Audit Charter to ensure appropriate

organisational structures, authority, access and reporting arrangements are in place

xi) Periodically review the performance of Internal Audit

6.6 External Audit

i) Review the proposed audit scope and approach, with particular respect to coordination of audit effort with internal audit

ii) Act as a forum for communication between the Council, General Manager, senior

management, Internal and External Audit

iii) Provide input and feedback on the financial statement and performance audit coverage proposed by External Audit, and provide feedback on the External Audit services provided

iv) Review all external plans and reports in respect of planned or completed external

audits, and monitor management’s implementation of audit recommendations

v) Consider significant issues raised in relevant External Audit reports and better practice guides, and ensure appropriate action is taken

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6.7 Responsibilities of Members

Members of the Committee are expected to:

i) Understand the relevant legislative and regulatory requirements appropriate to Council

ii) Contribute the time needed to study and understand the papers provided

iii) Apply good analytical skills, objectivity and good judgment

iv) Express opinions frankly, ask questions that go to the fundamental core of issues, and pursue independent lines of enquiry

7 Membership and Tenure of the Audit Committee

i.1 Skills and Experience

i) The members of the Committee, taken collectively, will have a broad range of skills

and experience relevant to the operations of Council

ii) At least one member of the Committee shall have accounting or related financial management experience, with understanding of accounting and auditing standards in a public sector environment.

iii) Each Council will contribute $25000 per annum to fund the expenses of the independent members appointed to the committee

iv) Each Independent member will be paid $5000 per annum for attending the four committee meetings planned each year.

v) Reasonable travel expenses of the independent members will be reimbursed by the CTA Councils.

7.2 Membership of the Committee is by virtue of the appointed position; no delegates of the

members are permitted

7.3 The Audit Committee shall consist of:

i) Members (voting)

o One Councillor from each of the CTA Councils

o One Independent Chairperson external to the LGA’s

o Two independent members with relevant experience external to the LGA’s

ii) Attendees (non-voting)

o General Managers

o Internal Auditor

o Directors of Corporate Services

o Representative of the External Auditor

iii) Invitees (non-voting) for specific Agenda items

o Other officers may attend by invitation as requested by the Committee

7.4 Selection of Members

The selection criteria and process for the appointment of the independent external members (to the LGA’s) shall ordinarily be as follows:

i) The Committee shall seek nominations via media advertisement from persons

interested in being appointed to the available position. All nominees who satisfy the conditions of this charter shall be eligible for appointment

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ii) The eligible persons will be interviewed by the General Managers of the LGA’s, who

shall make recommendations to the Committee

iii) Following receipt of recommendations from the General Manager, the Committee may appoint the independent external members by:

o Making a direct appointment based on merit; or

o Determining the representative by the drawing of lots where there are suitable and

complying nominations with equal merit

iv) In the event of equal votes the Chair shall have the casting vote

7.5 Term of Office

i) The independent external members will be appointed for the term of Council, after which they will be eligible for extension or re-appointment following a formal review of their performance.

Voting shall be undertaken in accordance with section 13 of this Charter, except that the independent external members seeking reappointment may not vote on the reappointment and will be deemed to be absent for the vote for the purpose of section 9 of this Charter.

This will mean that, if the external member seeking reappointment is usually the Chair, the other independent external member will become the Chair for the purpose of the vote.

ii) The maximum number of terms an independent external member can sit on the

committee without the need for further nominations is 2 terms

7.6 Vacancy

In the case of resignation from the committee by an independent external member, the committee is to appoint another independent external member as soon as is practicably possible in accordance with the process set out in 7.4, but no later than one month prior to the next meeting, so that there are always two independent external members on the committee.

8 Code of Conduct

All members of the Audit Committee are to abide by Council’s Code of Conduct.

9 Chairperson

i) An independent external member acts as Chair of the Committee for the full term of

office; i.e. for the term of Council

ii) In the case of resignation by the Chair, one of the other current serving independent external member will be appointed as Chair

iii) In the absence of the appointed Chair, one of the other current serving independent

external member shall serve as the Chair for the period of absence of the duly nominated Chair

iv) Note that this role is an administrative role only with no authority to act or direct action

on behalf of the Committee/ Council

10 Quorum

A quorum will consist of a majority of Committee members, including at least two independent external members.

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11 Proceedings

11.1 Meetings

i) The Committee shall meet at least four times per year, with one of these meetings to

include review and endorsement of the annual audited financial reports and external audit opinion as well as review and endorsement of the annual Internal Audit Plan

ii) The need for any additional meetings will be decided by the Chair, although the other

Committee members may make requests to the Chair for additional meetings

iii) Meetings can be held in person, by telephone or by video conference

iv) A forward meeting plan, including meeting dates and agenda items, will be agreed by the Committee each year. The forward meeting plan will cover all Committee responsibilities as detailed in this Audit Committee Charter

NB 1: Where either Internal Audit Plan priorities change between meetings or new urgent issues arise, and where it is not possible to schedule an additional meeting, the Committee will be kept fully informed of all changes via email.

11.2 Attendance of Non-Members:

i) The attendance of non-members is subject to invitation by the Chair

ii) The Internal Auditor will be invited to attend each meeting unless requested not to do so by the Chair

11.3 Venue

i) Committee meetings will be held on a rotating basis at CTA Councils.

11.4 Conflicts of Interest

i) Committee members must declare any conflicts of interest at the start of each meeting

or before discussion of a relevant agenda item or topic. Details of any conflicts of interest should be appropriately minuted

ii) Where members or invitees at Committee meetings are deemed to have a real or

perceived conflict of interest, it may be appropriate they be excused from Committee deliberations on the issue where the conflict of interest may exist. The final arbiter of such a decision is the Chair of the Committee

11.5 Minutes

i) The Committee will appoint each CTA Council to provide secretariat support to the

Committee on a rotating basis

ii) The Secretariat will ensure the agenda for each meeting and supporting papers are circulated, at least one week before the meeting, and ensure minutes of the meetings are prepared and maintained

iii) Minutes shall be approved by the Chair and circulated to each member within three

weeks of the meeting being held

11.6 Induction

New members will receive relevant information and briefings on their appointment to assist them to meet their Committee responsibilities.

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12 Reporting

12.1 The Committee shall report at least annually to each CTA Council

12.2 At the first Committee meeting after 30 June each year, the Internal Auditor will provide a performance report of:

i) The performance of Internal Audit for the financial year as measured against agreed

key performance indicators

ii) The approved Internal Audit Plan of work for the previous financial year showing the current status of each audit

12.3 The Committee may, at any time, consider any other matter it deems of sufficient importance

to do so. In addition, at any time an individual Committee member may request a meeting with the Chair of the Committee

13 Decision Making/Deliverables:

13.1 Decision Making/ Deliverables

i) The Committee is expected to make decisions by consensus but if voting becomes

necessary then the details of the vote are to be recorded in the minutes

vi) Each member of the Committee shall be entitled to one vote only. In the case of an equality of votes on any issue the Chair shall have the casting vote

iii) Between meetings the Chair may circulate to members by email specific proposals for adoption by the Committee. Members shall be given a set time – at least 5 (five) days – in which to reply to indicate their agreement with a particular proposal

iv) A member’s failure to respond within the timeframe given shall be taken as a vote

against the proposal. Any decision taken by the Committee by email is to be noted and minuted at the commencement of the next meeting

NB: The Internal Auditor and the External Auditor representative are not voting members of the Committee.

13.2 Assessment of Committee Performance

i) The Chair will initiate a review of the performance of the Audit Committee at least once every two years

ii) The review will be conducted on a self-assessment basis (unless otherwise

determined by the Chair), with appropriate input from management and any other relevant stakeholders, as determined by the Chair

iii) When reviewing the Committee’s performance the Chair should be satisfied that an

effective, comprehensive and complete service is being provided

14 Review of the Audit Committee Charter

i) At least once every two years the Audit Committee will review this Audit Committee Charter to ensure it remains current and reflects the Committee’s role and objectives

ii) The Audit Committee will approve any changes to this Audit Committee Charter

Approved:

Chair Audit Committee

Audit Committee Meeting


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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 September 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 SEPTEMBER and OCTOBER LEGAL ACTION – On 13 September 2017 Ms Fiona Sinclair, our legal representative appeared before the Registrar in relation to our current Appeal. At the hearing, the Deed of Release and Notice of Continuance documents were discussed and received from the Crown Solicitors Office. On 5 October Council was provided with the final Deed of Release from the Crown and will consider the matter together with its legal representatives. LAND SALES – Four sales for blocks of land in Edith Road have been finalised. The Dudley Street block has now been sold. This now leave one remaining allotment in this area. Further interest has been received in relation to the remaining land with in Councils Industrial Estate Both small and large allotments are being considered however it is becoming ever important to finalise the infrastructure for the development. Programmed works will be initiated in the coming weeks. 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

Skoda And Tatra Museum – Request For Assistance

1. Council defer a decision in relation to the request and have an onsite meeting to evaluate its possible support for this project.

2. Council continue to support and assist the Skoda & Tatra Museum 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

08 020517 That Council allocate funding from Town Improvement funds to facilitate a conduit under Blenheim Avenue.

Meeting with residents held 8 May 2017. Information from landowners to be supplied to Council so as correspondence can be had with power authority.


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Temporary power has been connected to all constructed buildings whilst Essential Energy undertake the appropriate design for underground power. Matter ongoing

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

20 June 2017 ORDINARY COUNCIL MEETING

18 200617

Meeting with Forestry Corporation

1. Council seek to implement a Memorandum of Understanding with Forestry Corporation to maintain access to the White Springs Cemetery in perpetuity from Campbells River Road, through the existing Forestry Corporation land.

2. Council write to the Black Springs Progress Association to indicate if they are interested in supporting the construction phase of the project.

3. Council pursue local contractors to assist with in kind support to complete the construction project.

4. Council pursue Forestry Corporation for a financial contribution to the installation of an additional water tank on the Black Springs Hall to facilitate a water supply for users of the picnic area in Black Springs.

5. Council reiterate its concerns over the potential for pine harvesting on Meadows Road and urge Forestry Corporation to consider upgrade to this road due to proposed harvesting.

6. That an application be submitted to Round 3 of the Fixing Country Roads Fund and a letter of support be sought from Minister for Forestry, the Hon Paul Toole MP and Forestry Corporation.

All matters have now been addressed and with relevant authority

Matters closed

15 August 2017 ORDINARY COUNCIL MEETING

31 150817

Rotary Club MOU Althea Tamar Johnson Memorial Trust

Council enter into a Memorandum of Understanding with the trust managers of the Althea Tamar Johnson Memorial Trust to spend the bequest on senior’s low cost housing within Oberon. Council accepts the offer from the Trust to partner with council and contribute the Trust Funds to the Curtis Street Project under the Memorandum of Understanding. That the Memorandum of Understanding be limited to twelve months and should the monies not be utilised then the Trust be afforded the opportunity to reallocate the monies accordingly. Council allocate $20,000 from the sale of Hathaway Cottage to develop a design for additional accommodation for seniors on Curtis Street.

MOU Signed and clauses implemented Matter closed


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21 September 2017 ORDINARY COUNCIL MEETING

15 210917

Meeting Schedule and Council Committees

1. Ordinary meetings of council be held on the third Tuesday of each Month, commencing at 5.30pm with the exception of January when no meeting is held.

2. Council confirm its appointments and Chair of the Section 355 Committees; and make appointments to other Council Committees, Community Committees and Working Parties for a period of 2 years as follows……..

3. Council re-confirm its community delegates to its Section 355 Committees.

Matter closed

16 210917

Delegates to External Organisations

That Council appoint its delegates to external organisations for the following two years as follows: Organisations advised of delegate appointment Matter closed

18 210917

Policy Reviews

1. Place the following Policies on public exhibition from Monday 25 September 2017 to Monday 6 November 2017 and submissions be invited to Council during that period:

a. Policy 1101 Code of Meeting Practice b. Policy 1102 Code of Conduct c. Policy 1103 Payment of Expenses and Provision of Facilities to

Councillors 2. If no submissions are received within the exhibition period the policies

be adopted as presented. Policies placed on public exhibition Matter ongoing

19 210917

Returns Disclosing Interests and Related Parties Disclosure

1. Council note the requirement to lodge a return disclosing interests of Councillors and designated persons.

2. Council note the requirement to lodge a Related Parties disclosure for newly elected Councillors.

Noted Matter closed

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. 3. WORKPLACE HEALTH AND SAFETY Includes information provided supplied by WHS/Risk Coordinator. Incidents/Injuries There were 3 injuries and 1 incident reported during September 2017. DAYS WITHOUT LOST TIME BECAUSE OF INJURY

Department/work area 31 August 2017 30 September 2017

Administration 92 122

Works 251 281

Library 909 939

OVIC 197 227

Workshop 1477 1507


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Meetings /activities attended 05 Sept CENTROC WHS Risk meeting Bathurst

05 Sept Review of WHS ELMO modules

06 Sept Smart and Skilled workforce funding - presentation by Dept. of Industry

07 Sept WHS Committee meeting

14 Sept JLT Council insurance overview

21 Sept JLT Oberon Council RMAP 2017-18

29 Sept Manual Handling Training session at the pool Upcoming meetings/events 13 Oct Draw program for EMT and employees supervisory positions

19 Oct StateWide Mutual Local Government Risk Forum – Blayney

24 Oct Drug and Alcohol Testing course, Sydney

25 Oct SafeWork NSW Consultation @ Work Conference 2017 4. HUMAN RESOURCES Recruitment Activities Interviews for the Community Services & Youth Coordinator role were conducted on 28 September. No appointment has been made at this stage. Pool training has commenced for season 2017/2018. Technical Services Manager role has been advertised, the closing date for applications is 9 October. No appointment has been made at this stage The Finance Coordinator role was readvertised on Seek, the closing date for applications is 29 September. Candidates will be reviewed 3-6 October. No appointment has been made at this stage. Projects Several more courses have been added to the e-learning platform library and all users activated on 28 September. Other courses in the library need review and adaptation before releasing to users. Compliance (compulsory) topics will be assigned to all employees at the beginning of October. Upcoming Meetings/Events

Centroc HR Meetings, Orange/Bathurst – 21 November 2017

HR meetings with General Manager – ongoing as and when required. Resignations Parks & Gardens Officer – Retirement after over 30 year’s service. 5. COMMUNITY ACTIVITY, REGIONAL ISSUES and OTHER MEETINGS

(SEPTEMBER/OCTOBER 2017) The following is a summary of meetings attended by the General Manager. 7 Sept Jill Ross, Black Springs Progress Association re Grants

7 Sept WHS Committee Meeting

13 Sept Sue Fisher-Smith and Kate Bird re Park Run

13 Sept OBTA Meeting


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14 Sept Regional Economic Development Plan with DPC and grant opportunities

15 Sept Meet with United Services Union

15 Sept Teleconference – External Audit close out meeting

15 Sept Robin White and Brian Harman

19 Sept Councillor Induction Workshop

20 Sept Lisa Ditchfield & Jenny Bennett re Centroc Tourism opportunities for Oberon

20 Sept Golf Day Committee Meeting

21 Sept Chris Clayton – teleconference

21 Sept Ordinary Council Meeting

10 Oct Australia Day Working Party Meeting

10 Oct Kerrie Rawson and Mayfield Garden re Equestrian Events

10 Oct Councillor Informal Briefing Session 6. EXECUTIVE SUPPORT – MEETINGS & VISITOR INFORMATION CENTRE Includes information provided by the Executive Coordinator. ACTIVITIES & MEETINGS Council Page in the Oberon Review was prepared each week during September with advertising and information. This included the Mayoral Column and articles including Oberon Pool Enrolments for Early Bird Lessons, Local Government Elections, Free Child Seat Checks, Positions Vacant – Finance Coordinator and Community Services and Youth Coordinator, Anti-Poverty Week, School Holiday Craft Activities, Oberon Pool Season Commencing Soon, Determinations August, Australia Day Citizen Awards Nominations now open, Edith Road Closure, Public Exhibition Council Policies, Household Chemical Cleanout, Council Meetings – October 2017, Positions Vacant – Technical Services Manager and 2017 Oberon Council Local Government Golf Day. 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, 15, 22 and 29 September 2017. VISITOR STATISTICS September 2017 Domestic 935 International 52 Total 987 Major Tourism Requests

September2017

Fossicking 135

Jenolan Caves 110

Mayfield Garden 110

General Activities Enquiries 56


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Events held during September included: Central West Handmade & Artist Markets, Yoga Retreat, Mad Hatters all events at Mayfield.

Oberon Rotary Daffodil Dawdle

Beyond Avalon Open Garden

Burraga Copper Challenge Endurance Horse Event

Tarana Art Prize Upcoming Events: 1 October Oberon Swimming Pool Season opens (until March 31)

14-29 October Mayfield Garden Spring Festival

14-29 October Gairloch Open Garden, Oberon

21 October National Cool Climate Wine and Food Festival at Mayfield

28, 29 October Beyond Avalon Open Garden, Black Springs & 4 November General: With the start of the school holidays, fossicking, Jenolan Caves, Mayfield Garden and general activities within Oberon were the most popular enquiries for September. Mayfield Garden ‘Yoga with Goats’ was a fun success and it was fabulous to see Meg plus goat friend advertising this on television program ‘The Project’. CAS News: 18 of the tagged trout in Lake Oberon were reported to have been caught and a further few thousand fingerlings were released into the surrounding rivers. A new Art Gallery has opened at 705 Nunan’s Hill Road, Hazelgrove open on Saturdays 1-4pm. Sending regular ‘what’s on’ features to Central West Tourism for inclusion in their promotional activities. Lithgow Probus Club visited for a self guided tour of Oberon region and took information packs away with them.

Notes:


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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 September Council Meeting.


Commentary 1. PLANNED ACTIVITY FOR OCTOBER and NOVEMBER COMPLIANCE – work continues to investigate compliance issues in development assessment and building control, this has resulted in some substantial investigations commencing and stop work directions given in the past weeks. Several animal matters, have required escalation in the enforcement actions in an attempt to enforce compliance. PLANNING & DEVELOPMENT POSITIONS – a review of the Planning & Development Department has been undertaken, with some minor changes recommended to the structure in an attempt to ensure the most appropriate resourcing is in place. It is hoped advertising will commence in the near future. 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 approved by Planning and Environment with the amendment to the LEP to now be prepared. The assessment is being undertaken on a proposed rezoning Gateway application around the O’Connell Urban Conservation Area, has now been completed, however late information has been submitted by the applicant and a report will now be presented to Council at the November Meeting. A review of the current Development Control Plan and conditions has commenced, with a major revision to be undertaken in the coming months. BURRAGA AND BLACK SPRINGS TRANSFER STATIONS - A 6 month trial of additional days has been approved, this will see the Black Springs and Burraga Waste Transfer Stations being open on Thursday one week and Tuesday the next week effective Thursday 19 October 2017. Additional Open Hours (6month 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 TOWNSHIP KERBSIDE COLLECTION - Oberon Council will again be conducting its Kerbside Bulky Waste Collection for residential properties of Oberon Township who currently receive a weekly kerbside rubbish collection service. The collection will be split up into 2 areas West and East.


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West (those that get garbage collection Wednesday) will be collected on Monday 23 and Tuesday 24 October your waste must be placed on the kerbside by Sunday 22 October 2017, and

East (those that get garbage collection Friday) will be collected on Wednesday 25 and Thursday 26 October your waste must be placed on the kerbside by Tuesday 24 October 2017.

OBERON RECYCLING FACILITY – the North Street Recycling area has been a major source of concern in the past month with inappropriate non recyclable materials being placed at the site. These have included dead animals, general household and commercial waste and most dangerous of all, discarded needles. The continued abuse of the facility has resulted in the need for surveillance cameras being considered for the site and should thing not improve, a serious review of the future of the site will be required to be undertaken. 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 Action Taken

30160413 Waste Less Recycle More

Councillor Workshop held 9/12/14. Recycling Area established September 2015 Waste Strategy developed

Matter Ongoing

06 151215 Notice of Motion

Parkland in Glyndwr Avenue. 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 Planning Proposal – RE1 & RE2 Public Recreation Zones

1. Council support the planning proposal in principle to amend the Oberon Local Environmental Plan 2013 to incorporate 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 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 granted, amending LEP being prepared Matter ongoing


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13 210917 Heritage Committee Meeting

1. The Minutes of the Heritage Committee held on 28 August 2017 received as information.

2. Council write to Mr Hennessy acknowledging receipt of his email of the 22 August 2017 and advising that the Heritage Committee has no comments to make.

All actions completed

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. 3. PLANNING AND DEVELOPMENT MATTERS DETERMINATIONS – SEPTEMBER 2017

10.2017.65.1 11.2017.65.1 19.2017.33.1

Installation of bathroom in existing shed

876 The Glen Road, JERRONG NSW 2787

10.2017.75.1 Ancillary Development to existing tourist accommodation

167 Harveys Road, OBERON NSW 2787

18.2017.7.1 Shed and Shipping container 68 Humphries Drive, OBERON NSW 2787

18.2017.8.1 Shed and Shipping container 32 Humphries Drive, OBERON NSW 2787

10.2014.72.1 4 Lot agricultural Subdivision 140 Bald Ridge Road BURRAGA NSW 2787

10.2017.62.1 2 Lot Subdivision 650 Isabella Road, ISABELLA NSW 2787

10.2017.64.1 11.2017.64.1 19.2017.31.1

Dwelling and On-Site Waste Water System

414 Sloggett's Road, NORWAY NSW 2787

10.2015.21.4 Amendment to subdivision layout and staging.

32 and 12 Bracken Glen Lane, OBERON NSW 2787

10.2017.77.1 Shipping Container 34 Warego Lane, O'CONNELL NSW 2787

10.2017.73.1 11.2017.73.1 19.2017.36.1


435 McKeons Creek Road, EDITH NSW 2787

10.2017.71.1 19.2017.34.1


143 Gormans Lane, PORTERS RETREAT NSW 2787

10.2017.78.1 Use of existing building for farm stay 1604 Mutton Falls Road, O'CONNELL NSW 2795

15.2004.129.1 Subdivision Certificate 999 Gingkin Road, GINGKIN NSW 2787

Copies of determinations are available for inspection at Council’s Administration Centre.


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Total fees for Applications during September 2017 were $8214.83. The year to date income is $298,533.84 which is 301.55% of the total income ($99,000) estimated. 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.

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 September 2017 the following Certificates were issued:

CERTIFICATES

SECTION 149(2) AND (5) PLANNING CERTIFICATES

Environmental Planning and Assessment Act, 1979

28

SECTION 735A CERTIFICATES AS TO NOTICES

Local Government Act, 1993.

10

SECTION 121ZP CERTIFICATES AS TO ORDERS


3

SECTION 149D BUILDING CERTIFICATES


0

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.

05

1015202530354045

Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

be

r

Oct

ob

er

No

vem

be

r

De

cem

ber

Nu

mb

er

of

app

licat

ion

s

Month

Number of Applications Lodged

2017 Applications

2016 Applications


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OBERON ANIMAL POUND The following are details of activity at the Animal Pound in September 2017.

In September 2017 there were no Dangerous Dog Declarations, no Dangerous Dog Orders, no Notice of Intentions to declare a dog dangerous, no Notice of Intentions to declare a dog menacing and no Notice of Intentions to declare a nuisance dog.

0

20

40

60

80

100

120

Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

be

r

Oct

ob

er

No

vem

be

r

De

cem

ber

Certificates for 2016/2017

Building Certificate

121ZP

735A

149's

Total certificates 2016

Total Certificates 2017

02468

1012141618

Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

be

r

Oct

ob

er

No

vem

be

r

De

cem

ber

Nu

mb

er

of

An

imal

s

Month

Number of cats and dogs impounded 2016/2017

2017 Carried Over

2017 Dogs

2017 Cats

2016 Cats & Dogs total


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MISCELLANEOUS MATTERS

Various inspections, including building inspections, health inspections, environmental inspections and complaints were conducted during September 2017.

TYPE OF INSPECTIONS September 2017

Building Inspections 31

Food Inspections 1

Environmental Inspections (Air, Noise and Water Pollution)

0

Subdivisions Certificate Inspections 2

Complaints (Including Animal Control) 3

Building Maintenance Inspections 4

Notes:


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14.03 MONTHLY ACTIVITY REPORT - WORKS AND ENGINEERING

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Works and Engineering Director

Summary Providing a summary of the work activities in the Works & Engineering Department for the month of September 2017 and including scheduled work for the coming month of October 2017.


Comment 1. UPCOMING/PLANNED WORKS The following works will commence during the month of October 2017: PARKS AND GARDENS ACTIVITY – Mowing will continue to maintain parks, recreation grounds and cemeteries. The kerb and gutters in town have been cleaned and trees and graves tended to at the Council Cemeteries. MAINTENANCE GRADING – patch maintenance grading and gravel re-sheeting will be undertaken on Nunans Hill Road. LIRS work will be undertaken on Connection Road and Arkstone Road. Drainage works continue at The Common where crews will raise the sewer manhole access points and the new storm water access points in parallel with the land filling work. Edith Road ‘Repair Project’ – Road widening construction works will continue on Edith Road. New rural fencing works to be completed at two (2) locations Abercrombie and Beaconsfield Road Intersection and the Campbell’s River Road and Swatchfield Road Intersections at Black Springs. Oberon Rugby League Ground – Further ground treatment, top soling and fertilisation works to be completed during the month October. Recreation Ground and Cunynghame Oval also to receive fertilisation treatment to assist strengthen and boost soil health. North Street – 45 Degree angle parking to be implemented on the western side of North Street between Oberon Street and Scotia Avenue during October 2. WORKS ON LOCAL ROADS, BRIDGES AND PARKS UNDERTAKEN DURING

SEPTEMBER Pothole Repairs – Routine pothole maintenance was completed during the month of September 2017 on Local Roads, Regional Roads and the State Highway. Maintenance grading work has been completed on Beaconsfield Road, dry conditions have created compaction issues.


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LIRS work has been completed on Connection Road and gravel re-sheeting has been completed on Swallows Nest Road. 3. ACTIONING COUNCIL DECISIONS The actions resulting from previous Council Meetings to be undertaken by the Works and Engineering Director are summarised:

21 February 2017 ORDINARY COUNCIL MEETING

10 210217

Oberon Sports Facilities Committee Meeting

Council consider allocate $15,000 from the 2017/2018 Town Improvement Fund in support of 6 signs to facilitate the identification of Council sporting assets in Oberon, subject to the finalisation of Councils branding strategy plan.

Action: To be reviewed once Oberon Council Branding Strategy completed.

32 210217

Restart NSW – Oberon Sewerage Treatment Plant Upgrade

1. Proceed with the Oberon Sewerage Project.

2. Investigate borrowing of $4.95 million funds, being 50% of this project;

3. Authorise the Acting General Manager to execute the Restart NSW Funding Deed;

4. Accept the proposal from WaterOz Pty Ltd to complete item one of this project, Investigation;

5. Provide additional information in relation to the project management of this program to the March Ordinary Council Meeting.

6. Allocate funding from the borrowing for this project across the 2016/17 to 2018/19 financial years, in accordance with the timeframe in this report.

It was noted that in addition to the items listed under the project on page 19 item c. will include “support the total capacity of the proposed new system including future expansion at Springfield Street and Oberon West.”

Action: Complete

2 May 2017 WORKS COMMITTEE MEETING

03 020517 & 04 020517

Bitumen Sealing Of Carlwood Road / Isabella Road

That Council use Section 94 rural road funds to seal an additional 500m of Carlwood Road on the eastern end under existing pavement.

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: In progress


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16 May 2017 ORDINARY MEETING

13 160517

Council Priority Road Matrix – Bitumen Sealing Program

That the matter be deferred to allow further discussion to take place in relation to the priority road matrix and a further report be provided to Council.

Action: In Progress (Deferred to next Works Committee)

15 August 2017 ORDINARY COUNCIL MEETING

32 150817

Land Sale – Operational Land Abercrombie Road

1. Council determine the sale of 2.1267ha of road reserve fronting 1300 Abercrombie Road, Oberon.

2. Council determine an appropriate price for the sale of the land in 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

33 150817

Land Purchase Cnr Abercrombie & Campbells River Rd

That the matter be deferred pending further discussion with the proponent and a further report be bought back to Council.

Action: Complete


21 210917

Revised Engineering & Works Fees and Charges

That Council endorse the Works and Engineering Fees and Charges for 2017/18 following due consideration of the written submission received during the public exhibition period. Action: Complete

22 210917

Revised Cemetery Management Fees and Charges

That Council adopt and endorse the 2017/18 Operational Plans with respect to the Fees and Charges for Cemetery Management incorporating the changes outlined within the report. Action: Complete

23 210917

Proposed Crown Road Closures

That Council has no objection to the closure of these sections of Crown Road, File ref: 17/08752 provided that no properties are left without legal and practical access. Action: Complete

24 210917

Regional Roads Heavy Patching Program 2017/18

That Council endorse the 2017/18 Regional Roads Heavy Patching Program on Abercrombie Road & Titania Road to be carried out during October/November 2017. Action: In Progress

25 210917

White Springs Cemetery – Crown Road Closure

That Council write to the DPI Crown Lands indicating that Oberon Council has no further interest in this unformed road, DPI can now proceed to dispose of it to other interested parties. Action: Complete

26 210917

Land Acquisition for Future Road Work Improvements

1. Council agree to meet the requests of the owners in accordance with the terms outlined within the report.

2. That the General Manager and Mayor be authorised to execute all documents associated with the land transfers.

Action: In Progress

27 210917 That Council endorse


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Mayfield Shed – Land Acquisition

Proceeding with the compulsory acquisition of Part Lot 7307 DP 1147753 for the purposes of constructing a new 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.

That the General Manger and Mayor be authorised to sign all necessary legal and survey documents. Action: In Progress

4. WORKS FOR ROADS AND MARITIME SERVICES (RMS) Work has been completed on the drainage project MR 253 O’Connell Rd Mini Rehab Section project cost $85,000.00, the installation of a new concrete drain along side the road shoulder as well as kerb and gutter. Ongoing routine maintenance has been undertaken on O’Connell Rd and Duckmaloi Rd. 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. Upgrading to the frontage of the Oberon Pool Complex turf and fertiliser has been laid, work now complete prior to 2017/2018 Pool season. 6. PLANT AND WORKSHOP REPORT General maintenance and repairs have been undertaken on trucks, graders, rollers and minor plant such as chainsaws, mowers and light fleet vehicles during September 2017. MAINTENANCE AND REPAIRS

DATE PLANT DESCRIPTION OF WORK

4/09/2017 # 5 - BOMAG COMPACTOR REPLACE HYDRAULIC HOSE TO FRONT RH DRIVE MOTOR

7/09/2017 # 93 - TOYOTA HILUX 4X4 FIT FLASHING LIGHT TO TIPPER

8/09/2017 # 42 - ISUZU / PAVELINE REPLACE SEALS IN HYDRAULIC CYLINDER / FRONT ARM

8/09/2017 # 52 - HINO TIPPER FIT 8 X DRIVE TYRES

8/09/2017 # 58 - WESTERN STAR REPAIR ELECTRIC TARPS


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TRUCK

12/09/2017 # 7 - CAT D7R DOZER REPLACE HYDRAULIC HOSE TO RIPPERS

14/09/2017 # 42 - ISUZU / PAVELINE REPLACE PAVER RUBBER

19/09/2017 # 41 - FUSO WATER CART REPLACE FAN BELTS / A-C BELT

20/09/2017 # 25 - CAT CS563E ROLLER REPLACE HOSE TO THERMOSTAT HOUSING

21/09/2017 # 9 - CAT 324DL EXCAVATOR

SERVICE 8000 HRS

RFS MAINTENANCE AND REPAIRS

DATE BFO VEHICLE DESCRIPTION OF WORK

7/09/2017 BFO 2333 / SHOOTERS HILL / CAT 7

SERVICE / PINK SLIP

18/09/2017 BFO 1723 / GINGKIN / CAT 7

REPLACE WIRING RIBBON TO WARNING LIGHTS

22/09/2017 BFO 1723 / GINGKIN / CAT 7

SERVICE / PINK SLIP

7. ATTENDING EXTERNAL MEETINGS The Works and Engineering Director attended the following meetings during September 2017: 05/09/2017 Chifley Bush Fire Management Committee, Bathurst

08/09/2017 WaterNSW Customer Advisory Group Meeting, Parramatta

18/09/2017 CENTROC Roads Technical Meeting, Orange

20/09/2017 Safe and Secure Water Program, Parramatta

27/09/2017 Alternative Energy Options Analysis Workshop, Orange

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 September 2017, plus planned activities for the upcoming months.


Comment 1. PLANNED ACTIVITIES FOR OCTOBER and NOVEMBER Children’s Week: 21-29 October – The Oberon Library will be celebrating Children’s Week with visits from St Joseph’s School, Oberon Public School and Oberon Children’s Centre. The visits will see almost 100 children visit the Library. Activities will include a Library Scavenger Hunt and Guessing Competition. 2. 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 210616 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.

F&CS Director to attend BSPA meeting to discuss. Matter Ongoing – waiting for Council Branding

18 July 2017 ORDINARY COUNCIL MEETING

21 180717 New Skate Park Location – Oberon Common

1. Locate a Skate Park within the Oberon Common, and

2. Submit a development application for the new skate park as a pre-requisite to applying for grant funding for the project.

Funding to be finalised before DA application – Ongoing


12 210917 Community Services Committee Meeting

1. Receive the Community Services Committee report 12.05 as information,

2. Approach both IGA and Foodworks, and request boxes be placed in front of their shop for people to place items in for Oberon St Vincent De Paul to collect and distribute as part of Poverty Week, and

3. Staff be asked to create a flyer to send to schools and place in noticeboards for National Australian Flag Day on Sunday 3 September 2017.

Completed


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20 210917 Social Media Policy

That Council approve the Social Media Policy 2130 as provided to the meeting.

Completed

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. 3. FINANCE The Finance Team spent October finalising audit testing with Crowe Horwath for the 2016/17 Financial Statements. We believe that the audit process went very well this year. The processes put in place during 2016/17 enabled accurate and timely responses from Council staff to the Auditors. Refer to separate Financial Statements Report for details. Rates and Charges Following are the Rates and Charges collected during period July - September 2017.

Farmland Residential Rural

Residential Non-urban

Centre Business Total

Brought forward 30/06/17

$103,584 $231,014 $30,350 $9,287 $27,520 $401,755

Current Levy $1,917,181 $2,216,940 $621,188 $164,455 $626,090 $5,545,855

Payments, concessions & interest

-$786,125 -$787,886 -$268,852 -$76,563 -$362,152 -$2,281,577

Balance outstanding $1,234,639 $1,660,069 $382,686 $97,180 $291,458 $3,666,033

Overpayments -$21,351

Legal charges $812

Total rates outstanding $3,645,493

% collected July-September 2017

39% 32% 41% 44% 55% 38%

4. INFORMATION TECHNOLOGY Take one tablet and you’ll feel better All Councillors have been issued with new iPads to allow them to receive Council email and to read electronic versions of Council papers. The iPads connect to the Telstra mobile network as well as any Wi-Fi connection keeping the Councillors connected (almost) anywhere they go. Betters Comms for the Committee Room Councillors and staff will be able to have better teleconferences with the installation of a new conference phone in the Committee Room. Specially made for the task, the phone gives clearer reception than a traditional speaker phone and will improve meeting flow by not having to pause while distant parties repeat themselves. Up and downs at the Visitor Information Centre An intermittent communications problem at the Visitor Information Centre is proving difficult to solve. After a number of sporadic outages, IT started monitoring the link at a number of points to determine the nature of the problem. During a week of monitoring there were no outages. Two hours after monitoring was stopped, there was another outage. The link is like a small child,


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behaving perfectly when you are watching it and only misbehaving when your back is turned. Monitoring has recommenced and we wait for the next outage to give us more clues. Separating the SPAM from the quality email It seems the junk mail (spam) on our email system has been doing a good job - too good a job. After a series of important messages from the Office of Local Government failed to materialise, we discovered the filter was treating a lot of legitimate mail as junk newsletters. A bit like throwing out your insurance renewal with the Harvey Norman catalogue. For a few weeks we are changing the behaviour of the filter to let the mail through to the recipient, but mark it if it thinks it is spam. The person receiving the mail then tells IT if it is legitimate or not. Legitimate addresses are added to a whitelist of trusted senders which bypasses the filter. Soon the only thing marked spam will be the real junk mail and we can tell the filter to start deleting again. Thanks to all the people who have been letting IT know the names of legitimate senders. Much appreciated. A Centralised Community Calendar for Oberon For a small town, there is always a lot going on in Oberon and sometimes events clash. To help community groups plan a little better, Council is putting a community calendar on its website. The calendar will be open for anyone (once registered) to post events. This will enable anyone planning an event to see what else is on the same date and adjust their plans accordingly. There is no limit as to how far ahead events can be entered. 5. COMMUNITY SERVICES Oberon Library During September, there were 734 articles issued, with 866 returns and 4 inter library loans. The public computers had 153 uses, with 10 of these over 65 years old, and there were 109 new items purchased. The RBDigital (Wavesound) e-platform was opened in September for Community Members. There is a link on Library page on Council’s website for members to connect. This system provides eBooks, audio books and magazines. While the base resources are available, it is our intension to increase the number of resources on this site over the coming months.

0

5

10

15

20

25

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

New Library Members

2015/16 2016/17 2017/18

1000

1250

1500

1750

2000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Library Visitors

2015/16 2016/17 2017/18


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MakerSpace School Holiday Activities The Oberon Library and Community Services staff held two activities at the Library over the recent school holidays:

27 and 28 September: a two day art/recycled materials project

4 and 5 October: a two day Jewellery Making & Clay Moulding project. We had 12 participants for the art/recycled materials and 5 for the Jewellery/Clay Moulding sessions. Everyone had a great time and there were creative items that come out of both events.

Regional YDO Meeting Council staff attended a recent regional youth meeting in Dubbo. Below is a summary of the discussions:

Totem Skate School are looking to hold exhibitions during Youth Week 2018. They will tour the Councils who have suitable skate parks. A bus option would be a great way for kids to socialise with peers from different communities and build lifelong relationships.

Youth of the Streets: Linfox has donated a truck to Father Chris Riley which has been transformed into a mobile youth centre “Youth of the Streets”. The truck will be first launched in Canberra and then travel to Cowra, Wellington, Dubbo, Nyngan, Bourke, Wellington, Coonamble and Cowra over next 12 months. The plan is to have one youth worker stationed full time with the truck once they have recruited one. The truck will only visit towns if they are invited by the Council or community.

Luminosity Youth Summit: http://www.luminosityyouthsummit.com.au/2017/about.php this is a 3 day event being held from 19 to 21 July 2018 in Port Macquarie. Luminosity Youth Inc. is about inspiring and lifting the leaders of tomorrow. Oberon Youth Council will consider sending a representative or two.

http://www.luminosityyouthsummit.com.au/2017/about.php


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Sticky Stuff Training: Jason from Dubbo is looking at organising a 1 day training program. The course includes a digital resource kit and teaches youth workers ways to address sexual health issues in youth, including games to play to make it more approachable and easier to engage with the kids on these sensitive topics.

Youth Week: some ideas Councils are considering for 2018 are Youth Idol; Bubble Soccer; Annual Trivia night; partner with Rotary for movie nights; colour run, sumo suit wrestling; horizontal bungee; YLEAD – leadership skills for students in Years 5-12.

Community Display Space The Community Display Space for September was a wonderful display of this year’s W2A entrants.

Self Care Units Unit 2, Curtis Street has been inspected following being vacated on Saturday 30 September. We are organising the replacement of the carpet, kitchen floor lining, light bulbs, and a broken window. The Self Care Unit Panel met and decided the most eligible person for the unit. This community member has been advised and we anticipate occupation in approximately 2 months, following repairs. Community Technology Centre (CTC) Broadband for Seniors at the CTC was utilised 9 times by under 50 year olds and 13 times by over 50 year old community members during September. In September, U3A members utilised the CTC conference room for Ask Dr Grace, Singalong, Scrabble, Book Club, Mah-jong, Creative Arts, Waste to Art Workshops, Ukulele, and Current Affairs activities. They also utilised the CTC Training Room during September for Computer Troubleshooting, Photobooks, Internet banking, and iPad for Beginners sessions. Future Events/Activities Anti Poverty Week – 15-21 October

Children’s Week – 21-29 October

National Tree Day and Grandparents Day – 12 November

Youth Council Movie Day – 3 December

Welcome to Oberon Afternoon Tea – 13 December


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14.05 GRANTS MONTHLY UPDATE

File No: Governance/Grants/October 2017 Author: Gillian Salmon, Grants Coordinator

Summary This report provides a summary of Grant Funding applications and submissions, both internal and external, during September 2017.


Comment September was another very busy month for all grant related activities. 1. SUCCESSFUL/UNSUCCESSFUL GRANT APPLICATIONS AND FUNDING

NOTIFICATIONS Bridges Renewal Programme - Council’s application to Round Three of the Bridges Renewal Programme to widen the bridge across the Fish River on the Edith Road was unsuccessful. The vast majority of successful Round Three projects were on freight routes and will result in significant increases to bridge load limits and/or significant reduction in the length of detour routes. These benefits could not be demonstrated for the Edith Rd Bridge project. Community Building Partnerships (CBP) - The application from the Black Springs Progress Association for new playground equipment at Black Springs village did not meet eligibility criteria for the Community Building Partnership Program. Community Organisations are reminded that they must have both an active ABN and current public liability insurance to apply for grants. Unfortunately, on this occasion Council could not auspice the application on behalf of the Black Springs Progress Association. An application for new playground equipment and upgrades to park facilities in the villages of Black Springs, Burraga and O’Connell will now be submitted to the Stronger Country Communities Fund by Council. Member for Bathurst Paul Toole visited Oberon on 27 September 2017 and inspected sites for proposed projects that were the subject of recent CBP applications. These projects included the upgrade to the Rotary Lookout at Falls Hill and the installation of Cement Golf Paths at Oberon Golf Course. 2. GRANT APPLICATIONS SUBMITTED The following tables summarise the status of current grant applications. External Grants

Submitted Details/Description of Project

Grant Program Grant Amount

Status

9 August 2017 Black Springs Progress Assoc Playground Equipment

Community Building Partnerships

$19,649 Ineligible


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9 August 2017

Oberon Golf Club Cement Golf Cart Paths

Community Building Partnerships

$48,505 Pending

4 Sept 2017 Skoda and Tatra Museum Shed

Regional Cultural Fund

(Medium Scale)

$93,307 Pending

4 Sept 2017 Oberon RSL Sub Branch Military Museum Extension

Regional Cultural Fund

(Small Scale)

$50,000 Pending

Internal Grants


Grant Program Grant Amount

Status

15 May 2017 Widen Bridge on Edith Road

Bridges Renewal Programme

$243,864 Unsuccessful

28 June 2017 Community Tree Planting Day Oberon Common

NSW Grandparents Day

$3,000 Pending

27 July 2017 New Mural at Oberon Pool Country Arts Supports Programme

$3,000 Pending

14 August 2017

Safety Infrastructure Abercrombie Rd

Safer Roads Programme

$300,000 Pending

1 Sept 2017 Widening and Upgrade of The Meadows Road and Hazelgrove Road

Fixing Country Roads Programme

$1,250,000 Pending

1 Sept 2017 Widening and upgrade of Shooters Hill Road Gurnang

Fixing Country Roads Programme

$1,125,000 Pending

4 Sept 2017 Oberon Community Hub Regional Cultural Fund (Medium Scale)

$577,851 Pending

8 Sept 2017 Healthy, Active, Accessible Living for Seniors

NSW Seniors Festival 2018

$1,000 Pending

3. LETTERS OF SUPPORT.

No letters of support were requested during September.

4. STRONGER COUNTRY COMMUNITIES FUND. This fund forms part of suite of six funds from the new $1.3 billion NSW Regional Growth Fund. This fund supports councils and community groups to deliver crucial local infrastructure to improve the quality of life in regional towns.

Oberon has been allocated a total of $1.55 million over two years for projects that fit the Stronger Country Communities Fund (SCCF). Applications for projects nominated for Stronger Country Communities funding opened on 20 September 2018. Applications close on 18 October 2017.


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Council will need to register a prioritised list of projects identified by its ongoing community engagement process. Six projects have been nominated for the first year of allocated funds from the SCCF as detailed in the following table. Stronger Country Communities Projects


Applicant Status

18 Oct 2017 New Skate Park at Oberon Common

Oberon Council Pending

18 Oct 2017 Footpaths to Fitness Oberon Council Pending

18 Oct 2017 Covered Grandstands at Oberon Recreation Ground


18 Oct 2017 BBQs on the Fish Oberon Council Pending

18 Oct 2017 Village Playground and Park Renewal


18 Oct 2017 Infrastructure Improvements at Oberon Golf Course

Oberon Golf Club Pending

New Skate Park at Oberon Common - This much anticipated project will construct a 545 square metre skate park and associated shelters, street furniture, landscaping and lighting at the Oberon Common. Footpaths to Fitness - This project will construct up to $100k of footpaths prioritised in Council’s Active Transport Plan in Oberon, Black Springs and Burraga that will connect the community to schools, shops and community facilities. Covered Grandstands at Oberon Recreation Ground - This project will construct two covered grandstands each with a 60 seat capacity at the Oberon Recreation Ground. The space under the grandstands will be used as lockable storage for sports equipment. BBQs on the Fish - This project proposes to install gas barbeques and associated shelters and seating at three popular council managed reserves along the Fish River being the Reef Reserve, Flat Rock Reserve on Mutton Falls Rd and Hassall Park at O’Connell. Village Playground and Park Renewal - This project will install new playground equipment at Black Springs and Burraga Villages and will upgrade park facilities at Hassall Park O’Connell. Infrastructure Improvements at Oberon Golf Course - The Oberon Golf Club is proposing to install new infrastructure at the Golf Course including a new storage shed, solar panels and an irrigation system. A choice modelling process will be conducted by the NSW Department of Industry to help establish the community’s project priorities for Stronger Country Communities funding.


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5. SAFE AND SECURE WATER PROGRAM and FUNDING STRATEGY FOR SEWER

TREATMENT PLANT.

Council staff continue to investigate funding opportunities for the new sewerage treatment plant which has already been awarded $4.95million in funding through the Restart NSW Regional Water and Waste Water Programme. An Expression of Interest for the State Government’s Safe and Secure Water Program to fund up to $2.5 million of the Sewerage Treatment Plant (STP) and East Oberon Sewer Project has been drafted and is being reviewed by Water Oz who is consulting on the design stages of this project. Council has been advised by the Office of Regional Development that the STP project is ineligible for funding from the State Government’s Growing Local Economies Fund as funding has already been received for this project from the State Government’s Regional Water and Waste Water Backlog Programme. According to the Growing Local Economies Fund Guidelines “While co-funded projects are encouraged under the Growing Local Economies fund double dipping is not.” Meanwhile, round one of the Federal Governments Building Better Regions Fund recently awarded $3.5 million for the Gundagai STP project which is similar size to Oberon’s project with a 10 million price tag. Cootamundra-Gundagai Regional Council will contribute $1 million to the project, the Federal Liberals and Nationals Government will contribute $3.5 million and the NSW Liberals and Nationals Government would meet the rest of the project cost. It is recommended that Oberon Council now adopt a similar combined Local, State and Federal Government funding strategy by applying for the next round of the Building Better Regions Fund which is expected to open in early 2018.

6. GRANT PROJECT IMPLEMENTATION.

Roadside Vegetation Management Plan - An inception and project planning meeting with consultants CTEnvironmental was held on 28 September 2017. This project will develop a Roadside Vegetation Management Plan which will be embedded into Council’s Integrated Planning and Reporting Framework. Training will be provided to council staff to improve their skills in assessing, documenting and planning the management of roadside reserves. Oberon and Wagga Wagga Council have been selected by Local Government NSW to trail the new Rapid Assessment Methodology (RAM) to map roadside vegetation including weeds and to assess the conservation value of roadside reserves across the Oberon LGA. A desktop database review of existing vegetation types across the 1,100km of Council managed roads has identified the key areas and vegetation communities that will be assessed using the RAM. Following is a map of prioritised roads which are centred around World Heritage National Parks in the east of the LGA and the Mitchell Landscapes of over cleared land around O’Connell in the north west of the LGA. CTEnvironmental will commence field assessments of the prioritised roads on 16 October 2017. Prioritised roadside reserves are indicated in pink.


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Pool Upgrade Projects - The project to upgrade the entrance to the Oberon Pool Complex was completed just in time for the opening of the pool season on Sunday 1 October 2017. Fresh turf has been laid, new brightly coloured street furniture installed under the shade shelters, and an electronic noticeboard which will be used to advertise what’s happening at the pool is now up and running. This project has been funded by the State Governments Community Building Partnerships Programme. The final activity to complete the project to upgrade seating inside the pool will be completed when a curved wave bench is delivered in 6 to 8 weeks. The seating upgrade was funded by a grant from the Veolia Mulwaree Trust. 7. CONNECTING COUNTRY COMMUNITIES FUND. As part of a coordinated, whole-of-region approach to addressing telecommunications issues, Regional Development Australia RDA Central West have offered regional Councils the opportunity to participate in Digital Demand Assessments for priority Mobile Black Spots (MBS’s). These assessments will assist in the development of a ‘business case’ for Councils, providing the missing lynchpin of information required to determine what kind of infrastructure or upgrades are needed to improve broadband at priority Mobile Black Spot sites. Through measuring the digital activity currently occurring at these sites, more granular information about the market demand can be gathered to provide a compelling case for investment and local solutions. In preparation for submitting a grant application to the Connecting Country Communities Fund to install new mobile phone towers in known mobile blackspots Council will be engaging consultants OptimiDigital to conduct Digital Demand Assessments at Black Springs and Burraga. These two sites were identified as priority black spots by previous work conducted by OptimiDigital. The Connecting Countries Communities Fund is expected to open in late 2017.


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8. GRANT OPPORTUNITIES OPENING THIS MONTH Public Library Infrastructure Grants are for projects that will assist NSW councils to improve public library infrastructure, including buildings and information technology systems. The 2017/18 Public Library Infrastructure Grants are now open and close on Friday 10 November 2017. An application is being prepared to purchase the online Spydus Integrated Library Management System due to the age of the current Library Management System, Amlib. Spydus is a completely integrated library management system that includes archive and digital asset management, patron discovery, analytics, mobile working, and event management.

Notes:


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14.06 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 30 September 2017.


Comment Interest accrued on active investments for the month of September 2017 came to $28,799 with an average interest rate of 3.02% performing above the 90 day Bank Bill Swap Rate of 1.71%. Current interest accrued at the end of September 2017 on active Term Deposits sits at $122,215. Interest receipted for the month of September 2017 was $17,258 on matured Term Deposits. Total year to date interest receipted on matured investments is $64,402. This includes quarterly interest receipts for three individual 5 year floating leg term deposits with CBA which mature in 2021. The Reserve Bank of Australia has left the cash rate unchanged at 1.50 per cent at its meeting on 3 October 2017. The housing market has seen a slight transition from investor borrowings to owner occupiers. Wage growth remains low as does core inflation. The unemployment rate was unchanged at 5.6% despite the strength in employment growth over recent months. The Australian economy picked up by 0.8 per cent in the June Quarter, which is consistent with the RBA’s expectation that the economy will gradually pick up over the coming year. The graph below shows an improvement in our TD% monthly returns in September. Given the credit downgrades which occurred in May 2016-17; causing a downturn with the BBSW, Council has been working hard to source the best deals which have enabled us to secure term deposits with interest rates locked in between 2.70% to 2.85%; above the average being offered of 2.60%.

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

4.00%

4.50%

Oberon Council Annualised Monthly Return vs 90 Day BBSW

17/18 90 Day BBSW

17/18 TD % Monthly Return

16/17 90 Day BBSW

16/17 TD % Monthly Return


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At 30 September 2017 - $12,800,000 was invested as shown in the following Statement. Total

Cash at call being $13,941,411.49.

Institution Date of

Investment Interest

rate Date of Maturity Value

Cash at Call

CBA Business Online Saver 803,732.21

CBA Business At Call 174,248.88

NAB Business Online Saver 163,430.40

Total 1,141,411.49

Active Term Deposits

Intech Bank Ltd 9/03/2017 2.80% 9/10/2017 500,000.00

Family First Credit Union 15/03/2017 2.70% 15/10/2017 500,000.00

Reliance Credit Union 3/04/2017 2.70% 3/11/2017 500,000.00

Family First Credit Union 22/11/2016 3.00% 22/11/2017 500,000.00

AMP Bank 15/03/2017 2.75% 25/11/2017 500,000.00

Auswide 13/12/2016 3.00% 13/12/2017 1,000,000.00

Family First CU 21/12/2016 3.00% 21/12/2017 500,000.00

Beyond Bank Australia 4/07/2017 2.70% 9/01/2018 500,000.00

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

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


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 $12,800,000.00

Total Cash at Call $13,941,411.49


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Investment movements for September 2017 saw the maturity of two investments, one being with Bank Australia (formerly known as Intech Bank) and one with AMP Bank.

Institution Date invested

Rate Maturity date

Amount Interest earned

Bank Australia 9/03/2017 2.80% 6/09/2017 500,000.00 6,942.47

AMP Bank 9/03/2017 2.75% 7/09/2017 500,000.00 6,856.16

Total Interest earned $13,798.63

Three new deposits where placed; two with Bank Australia and one with Bank of Queensland during the month of September 2017:

Institution Date of

Investment Interest

rate Date of Maturity Value

Bank Australia 6/09/2017 2.80% 6/06/2018 500,000.00

Bank Australia 7/09/2017 2.80% 6/06/2018 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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14.07 WATER AND SEWER PLANT REPORT

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Works and Engineering Director & Richard Robinson, Sewer & Water Plant Operator.

Summary This report provides a summary Water & Waste Water Activity for the month of September 2017.


Comment FOLLOWING WaterNSW Lake Oberon Water Quality Report dated 27 September 2017 1. WEEKLY OBERON DAM LEVELS SEPTEMBER 2017 The following is a weekly dam level recording at Oberon Dam for the month of September, information supplied by State Water:

04/09/2017 85.0 %

11/09/2017 84.4 %

18/09/2017 84.2 %

25/09/2017 83.7 %

2. WATER CONSUMPTION FROM WATER NSW SEPTEMBER 2017 01/09/2017 – 06/09/2017 = 9.7 ML 07/09/2017 – 13/09/2017 = 12.7 ML 14/09/2017 – 20/09/2017 = 11.6 ML 21/09/2017 – 27/09/2017 = 13.0 ML 28/09/2017 – 30/09/2017 = 5.7 ML 52.7 ML of raw water for September 2017 was consumed from Water NSW.

The Sept 2017 Average Daily Consumption for Oberon Township was 52.7 ML/30 Days = 1.76 ML p/d

Note: The Average Daily Water Consumption trend has been 1.60ML p/d

3. WATER & SEWERAGE FAULTS No reports of discoloured drinking water, water odour, water main breaks or taste issues were reported or logged with Council during the month of September 2017.


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4. SEWER PLANT – WEEKLY PLANT kL INTAKE FOR TREATMENT OF WASTE WATER 01/09/2017 – 06/09/2017 = 4484 kL 07/09/2017 – 13/09/2017 = 5092 kL 14/09/2017 – 20/09/2017 = 4970 kL 21/09/2017 – 27/09/2017 = 4435 kL 28/09/2017 – 30/09/2017 = 2046 kL

Total Waste Water volume into Oberon STP during September 2017 was 21,027 kL

5. PLANT FAULTS There were no faults at the Water Treatment Plant in September 2017. The Waste Water Plant experienced difficulties due to loose connections at Pump 1. The Waster Water Plant also experienced high pH levels in the tertiary ponds over a few days, possibly as a result of the warmer weather enhancing the biology in particular following the winter months. The pH has returned to lower acceptable levels. 6. PLANT UPGRADES AND PREVENTAIVE MAINTENANCE PROGRAM Water Treatment Plant: Preventative maintenance on all pumps. Online instruments all calibrated. Pneumatic valve checks have been conducted to ensure all valves are operating correctly.

Waste Water Treatment Plant: Trickling filter arms have been cleaned of rubbish and greased. Preventative maintenance on all pumps around the site. Sludge is being withdrawn from the sludge lagoons and is being placed on the drying bed. Pump Stations: All pumps stations have been checked and no faults were recorded.

Notes:

Lake Oberon Water Quality Report – 27th September 2017

Page 1 of 9

WaterNSW

Lake Oberon Water Quality Report 27

th September, 2017


Page 2 of 9

Sample dates: 21st September, 2017 (DOBR01), 4th September, 2017 (DOBR01/DOBR04) Report date: 27th September, 2017 Prepared by: Shane Faulkner (Water Quality Advisor), phone: (02) 9865 2560. 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 for operational decision making. Lake sampling is conducted monthly near the valve tower (DOBR01) and at the inlet to the Duckmaloi Water Filtration Plant (DOBR04). In addition, non-routine (special) monitoring may be conducted to target identified risks or provide further information for lake management. This report provides information available from routine sampling conducted at DOBR01 and DOBR04 on the 21st September (biological/physicochemical) and 4th September (algal) respectively. This report collates data from field sampling, laboratory analysis and in-situ instruments.

Proposed Actions

No proposed actions.

Actions and Special Monitoring

The in lake profiler (VPS) has been installed and is currently undergoing commissioning. Results will be reported once commissioning is complete.

Configuration

Lake Oberon supplies raw water to the chlorinator beneath Oberon Dam. Chlorinated water is supplied to Oberon Council, Duckmaloi Water Filtration Plant and stage 2/3 supply customers.

As at 26th September, 2017 - Lake Oberon water storage is 1.87 m below FSL (83.7% water available).

Screen status for supply to Oberon Council and Duckmaloi WFP

Valve 6 Valve 5 Valve 4

Screen Level From FSL 7.93 10.83 13.77

Screen Level From Surface 6.06 8.96 11.90


Page 3 of 9

Observations

The lake is still isothermal (destratified) however there is evidence that wind mixing is disturbing the water column. Full water column mixing events appear to have occurred on the 3rd, 13th and 25th of September (data obtained from new vertical profiler but not presented). These events appear not to have impacted the quality of raw water supply.

In- lake mixing events have elevated turbidity to between 1.5 and 2 NTU. Small increases in turbidity are not expected to impact water treatability.

Small concentrations of indicator bacteria (total coliforms) have been noted at all depths. As E. coli was not detected, this probably reflects soil biota disturbed by above mentioned mixing events.

Colour is uniform across the profile with minor improvements available from the choice of another offtake height. Colour measurements are consistent at 31 – 33 CU (420nm). Post chlorination at Oberon Dam, colour is low at around <10 CU (400nm).

Carbon levels are starting to show a gradient vertically in the lake. Concentrations at the surface are >8 mg/L declining to 6.8 mg/L at depth. This may be related to biological uptake of carbon at the surface coinciding with seasonal warming. It does not reflect in colour levels (with coloured humic/fulvic fractions being the slowest to be metabolised).

Redox metals (iron and manganese) are starting to decrease at the surface and increase at depth (as would be expected with stratification beginning to establish). Iron at the surface and offtake heights are currently 0.13 – 0.15 mg/L (filterable component 0.07 – 0.08 mg/L). Manganese is following a similar trend with concentrations at the surface/offtake heights ranging from 0.046 – 0.063 mg/L (filterable component 0.009 – 0.011 mg/L).

Phosphorus levels have continued to decline and now range between 0.012 and 0.007 mg/L across the water column. Nitrogen has remained consistent with last month – nitrate levels are around ~0.1 mg/L with reduced nitrogen around the ~0.01 mg/L level.

The algal assemblage is currently dominated by green alga and diatoms. Cyanobacteria have been detected including the potentially toxic species Microcystis flos-aquae (900 cells/mL).

Raw water quality is generally stable and of reasonable quality despite minor turbidity fluctuations.

Outlook

Stratification is likely to re-establish in the next few weeks as seasonal warming occurs. Stratification will also reduce the risk of mixing events impacting the entire water column. It is likely that redox metals will increase in concentration over the next few weeks.

With seasonal warming, it is likely that cyanobacterial growth will continue to develop. Monitoring will inform this risk with the current offtake selection positioned to avoid any significant biomass in raw water supply.


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Water Column Profiles For Site DOBR01: Lake Oberon – Station 1: 21-09-2017. Previous date: 29-08-2017.


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Seasonal plots


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Water Quality Data Tables Site DOBR01 (Station 1) – 21st September. Shaded area denotes offtake height.

Sample ID 317012297 317012298 317012299 317012300 317012301Depth/Location 0 6 12 18 24Coliforms Total (cfu/100mL) 28 32 20 36 37E. coli (orgs/100mL) <1 <1 <1 <1 <1Iron Filtered (mg/L) 0.07 0.07 0.08 0.1 0.08Iron Total (mg/L) 0.14 0.13 0.15 0.2 0.2Manganese Filtered (mg/L) 0.009 0.005 0.011 0.027 0.022Manganese Total (mg/L) 0.046 0.048 0.063 0.073 0.083Total Organic Carbon (mg/L) 8.1 6.9 6.8 6.8 5Nitrate as N 0.095 0.101 0.097 0.096 0.098Nitrite as N <0.002 <0.002 <0.002 <0.002 <0.002Nitrogen Ammoniacal (mg/L) 0.005 0.014 0.011 0.013 0.012Phosphorus Total (mg/L) 0.012 0.011 0.011 0.011 0.007Silicate Reactive (SiO2 mg/L) 1.43 1.47 1.48 1.51 1.51Silicon (SiO2 mg/L) 1.6 1.5 1.6 1.6 1.6Alkalinity (mgCaCO3/L) 32 31 33 32 32Secchi Depth 1.8Total Hardness (mgCaCO3/L) 22 22 25 25 25True Colour at 420nm 33 33 33 34 34


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Algal Reports Site DOBR01 (Station 1) – 4th September Surface Sample

Lims: 505001119

Site: DOBR01

TAXA Cells/mL Significance Pot. Toxic?ASU

ASU/mL

Biovolume

mm3/L

ALL_GENERA - other organisms 800 No 0 0

Subtotal 800 0 0

Aphanocapsa - sp. 2350 No 4.2 0.001

Cyanogranis - sp. 1050 No 2.2 0.001

Microcystis - flos-aquae 900 Potentially toxic, taste & odour Yes 36 0.029

Subtotal 4300 42.4 0.03

Acanthoceras_(=Attheya) - sp. 33 Filter clogging No 100 0.514

Fragilaria - sp. 60 No 20.3 0.021

Staurosira - sp. 3950 No 0 0

Synedra - sp. 150 No 53.3 0.052

Subtotal 4193 173.5 0.587

Trachelomonas - sp. 17 Common after flood No 11.4 0.041

Subtotal 17 11.4 0.041

Chlorella - sp. 16000 No 0 0

Closterium - sp. 150 No 1505 2.172

Monoraphidium - sp. 3550 No 71.4 0.042

Staurastrum - sp. 50 No 12.9 0.05

Subtotal 19750 1589.2 2.264

Totals Cells/mLASU

ASU/mL

Biovolume

mm3/L

Total Microalgae 29060 1816.5 2.922

Total Cyanophyta 4300 42.4 0.03

Pot. Toxic Cyanophyta 900 36 0.029

Date Sampled: 04-Sep-2017

Oberon Station 1

Chlorophyll-a (ug/L):

Depth (m):

ALGAE

Cyanophyta (Blue green)

Bacillariophyta (Diatom)

Euglenophyta (green)

Chlorophyta (Green)


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Site: DOBR04 (Inlet to WFP) – 4th September Tap Sample. Note: Results reflect offtake height and are post chlorination

Lims: 505001360

Site: DOBR04

TAXA Cells/mL Significance Pot. Toxic?ASU

ASU/mL

Biovolume

mm3/L

ALL_GENERA - other organisms 500 No 0 0

Subtotal 500 0 0

Aphanothece - sp. 6800 No 0 0.014

Subtotal 6800 0 0.014

Asterionella - sp. 132 Filter clogging No 52.7 0.072

Aulacoseira - sp. 80 Filter clogging No 28 0.055

Fragilaria - sp. 16 No 5.4 0.006

Staurosira - sp. 500 No 0 0

Synedra - sp. 124 No 44 0.043

Subtotal 852 130.2 0.175

Chlorella - sp. 8200 No 0 0

Closterium - sp. 150 No 1505 2.172

Dictyosphaerium - sp. 800 No 24 0.014

Monoraphidium - sp. 2550 No 51.3 0.03

Oocystis - sp. 150 No 15 0.018

Staurastrum - sp. 22 No 5.7 0.022

Tetraedron - sp. 800 No 340 0.08

Subtotal 12672 1940.9 2.335

Totals Cells/mLASU

ASU/mL

Biovolume

mm3/L

Total Microalgae 20824 2071 2.524

Total Cyanophyta 6800 0 0.014

Pot. Toxic Cyanophyta 0 0 0

Cyanophyta (Blue green)

Bacillariophyta (Diatom)

Chlorophyta (Green)

Date Sampled: 04-Sep-2017

Oberon Inlet to WFP

Chlorophyll-a (ug/L):

Depth (m):

ALGAE


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14.08 ISABELLA CEMETERY - LEGAL ACCESS

File No: Public Health/Cemeteries/Isabella Cemetery Author: Chris Schumacher, Works and Engineering Director

Summary This report provides an update in relation to ongoing negotiations for a legal ‘Right of Carriageway’ (ROW) across an existing unsealed road located on Lot 200 (DP1017394) to provide access to the Isabella Cemetery.


Comment Correspondence has been received from and sent to Kay Preston regarding access to Isabella Cemetery. Council staff have been in discussion over the last 2 years with the current land owner to facilitate a legal Right Of Way (ROW) over an existing residential allotment known as Lot 200 Isabella Road. The existing gravel access into the property has historically provided access to the dwelling on the property and formally was also used by visitors accessing the Isabella Cemetery prior to the property being sold to the current owner in 2015. Council’s solicitor has made several representations to the current adjoining landholder Kay Preston with a view to negotiating access for infrequent visitors to Isabella Cemetery. Ms Preston has indicated that it is not her wish to pursue negotiations for access, and access would only be obtainable should Council pursue the purchase of the entire land holding. The offer put forward has been rejected; Council has no use for the entire land holding. In light of obtaining an access to the cemetery, and at the determination of Council, a formal access could be constructed should funding be made available. An existing 20.115 meter unformed public road easement to the south of Lot 200 exists, as such could be constructed to allow a permanent access for visitors to infrequently visit the Isabella Cemetery. There is currently no funding in the budget to allow for this road construction project, from a desk top indication staff have estimated that construction costs may be in the vicinity of $20,000 to $30,000. This is based on allowances for machinery for earthworks, road base materials, relocation of Telstra service, fencing alterations and a cattle grid. Attached is a plan of the unformed road reserve for Councils review and determination should it

elect to pursue this matter in the immediate short-term or sometime in the near future?


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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 TENDERS – HYDRAULIC EXCAVATOR

File No: Plant Equipment and Stores/Acquisition/Purchase Author: Chris Schumacher, Director of Works & Engineering

This item is classified CONFIDENTIAL under section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (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 TENDERS – MOTOR GRADER

File No: Plant Equipment and Stores/Acquisition/Purchase Author: Chris Schumacher, Director of Works & Engineering

This item is classified CONFIDENTIAL under section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (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

17. CLOSURE OF MEETING

The Mayor will declare the meeting closed. The next Ordinary Meeting of Oberon Council will be held on: Tuesday 21 November 2017 commencing at 5.30pm in the Oberon Council Chambers 137 – 139 Oberon Street, Oberon.

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