agenda and business papers oberon council ordinary … · 2017-04-15 · mccormack round table with...

137-139 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 18 April 2017 Commencing at 5.30pm at the Oberon Council Chambers

Oberon Council - Agenda and Business Papers – Ordinary Meeting – 18 April 2017

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Agenda Items page1. OPENING OF MEETING 42. ACKNOWLEDGEMENT OF COUNTRY 43. PRAYER 44. RECORD OF ATTENDANCE 45. DECLARATIONS OF INTEREST 56. GENERAL AND CIVIC PRESENTATIONS 67. COMMUNITY PRESENTATIONS AND QUESTIONS 68. CONFIRMATION OF MINUTES 69. MAYORAL MINUTE AND REPORT 6

09.01 MAYORAL MINUTE AND REPORT 610. NOTICES OF MOTIONS 9

10.01 NOTICE OF MOTION – LOWES MOUNT/CARLWOOD ROAD INTERSECTION 910.02 SEALING ISABELLA ROAD 910.03 SEALING CARLWOOD ROAD 9

11. COUNCILLOR AND DELEGATES REPORTS 1011.01 OBERON BUSINESS AND TOURISM ASSOCIATION MEETING 1011.02 UPPER MACQUARIE COUNTY COUNCIL 1211.03 COUNTRY MAYORS ASSOCIATION MEETING 24 MARCH 2017 23

12. COMMITTEE REPORTS 3112.01 COMMUNITY SERVICES COMMITTEE 3112.02 OBERON YOUTH COUNCIL 3712.03 THE COMMON WORKING PARTY 40

13. REPORTS FOR DECISION 4313.01 DEVELOPMENT APPLICATION 10.2016.71.1 RESIDENTIAL SUBDIVISIONCOMPRISING MULTIPLE TORRENS TITLE ALLOTMENTS 4313.02 DEVELOPMENT APPLICTION 10.2017.1.1 – TWO LOT RESIDENTIALSUBDIVISION 7213.03 NEW DEVELOPMENT SERVICING PLANS FOR WATER SUPPLY & SEWERAGE. 10013.04 PLANNING PROPOSAL - INSERT “FUNCTION CENTRES” AS A PERMISSIBLE USEWITHIN THE PRIMARY PRODUCTION ZONE (RU1) 10213.05 2016/17 FEES & CHARGES AMENDMENTS 10313.06 OTHR HERTIAGE TRAIL – EXTENSION OF EXISTING TRAIL 104

14. REPORTS FOR INFORMATION 10714.01 MONTHLY ACTIVITY REPORT – ACTING GENERAL MANAGER 10714.02 MONTHLY ACTIVITY REPORT – DEPUTY GENERAL MANAGER 11014.03 MONTHLY ACTIVITY REPORT - WORKS AND ENGINEERING 11914.04 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES 12414.05 STATEMENT OF INVESTMENTS 13114.06 GRANTS MONTHLY UPDATE 13414.07 WATER AND SEWER PLANT REPORT 138

15. URGENT BUSINESS 14116. CLOSED SESSION / CONFIDENTIAL REPORTS 14117. CLOSURE OF MEETING 141


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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) Clr Ian Doney Clr Jill Evans Clr Neil Francis Clr Sam Lord Clr Clive McCarthy Clr John Morgan

Staff Lynette Safranek, Acting General Manager & Finance and Community Services

Director Gary Wallace, Deputy General Manager & Planning and Development Director Chris Schumacher, Works and Engineering Director

Sharon Swannell, Executive Coordinator Apologies Deputy Mayor Kerry Gibbons


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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. GENERAL AND CIVIC PRESENTATIONS

Nil

7. COMMUNITY PRESENTATIONS AND QUESTIONS

None received.

8. CONFIRMATION OF MINUTES

Ordinary Meeting 21 March 2017 ATTACHED is the Minutes of the Ordinary Council Meeting held on 21 March 2017. Recommendation: That the Minutes of the Ordinary Meeting held on 21 March 2017 be confirmed. Matters Arising from the Minutes Nil

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 14 Mar Member for Calare Andrew Gee MP and Minister for Small Business Michael

McCormack round table with Oberon Business community

14 Mar David Shoebridge MP

14 Mar Friends of the Oberon Library Meeting

14 Mar Common Working Party Meeting

14 Mar Councillor Informal Briefing Session

15 Mar Lex Azzopardi regarding Bike trails around Oberon

15 Mar Hamish Keith, Mayfield Garden re Mayfield Events

16 Mar Community Services Committee Meeting

16 Mar – Joint Regional Planning Panel Community meeting regarding Quarry expansion


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17 Mar Bathurst Mayor Graeme Hanger and David Sherley General Manager

20 Mar Zac Rowlandson regarding Joint Regional Planning Panel Meeting re Quarry Development

20 Mar Brian Harman re Jenolan Caves

21 Mar Ordinary Council Meeting

22 Mar Oberon Youth Council Meeting

24 Mar Country Mayors Association Meeting, Sydney

3 Apr Meet with Maxine Nunan re drainage issues

4 Apr Oberon Correctional Centre re proposal to enter into a new Memorandum of Understanding

5 Apr Russell Meadley, Business Enterprise Centre re workshops for Small Businesses in Oberon

5 Apr Oberon U3A Meeting

6 Apr Marjorie Armstrong

6 Apr Oberon Health Council Meeting

6 Apr Joint Regional Planning Panels community meeting re Quarry Development

10 Apr Tina Slattery

10 Apr Amy Collins, Mayfield Garden re Quarry Development

11 Apr Peter Low & Chris Duff re development of bike trail around Oberon Dam

11 Apr Friends of the Oberon Library Meeting

11 Apr Councillor Informal Briefing Session

12 Apr Meeting with Alan McCormack, Blackadder Associates re General Manager recruitment

12 Apr OBTA Meeting B. Representation 25 Mar Opening Oberon Little Athletics Long Jump Pit at Oberon Recreation Ground

25 Mar Oberon Youth Council Fun Run

25 Mar Oberon Democracy Day Celebrations

4 Apr Black Springs Public School Assembly

9 Apr Little Athletics Presentation Afternoon C. Correspondence 10 Mar Oberon Cemetery Committee regarding fencing private cemeteries

13 Mar Ewan Stewart regarding concerns over fire hazards in State Forests and advice that the matter has been raised with Minister for Forestry, Paul Toole MP

13 Mar Lois Gibbons thanking the Council for fighting the potential merger

13 Mar Eurobodalla Shire Council request for assistance to ban balloon releases

14 Mar Oberon Democracy Day Workshop

15 Mar Letter of congratulations to Laurie McMahon for receiving the Bathurst Electorate Woman of the Year Award

15 Mar Economic Impact Report for 2013 NAB Blayney to Bathurst Cycling event from meeting with Lex Azzopardi.

17 Mar Zenon Alexander congratulations on win over merger battle.

18 Mar Correspondence forwarded to Minister for the Environment, Heritage and Local Government seeking a meeting regarding Jenolan Caves

18 Mar Correspondence forwarded to Member for Bathurst Paul Toole MP seeking assistance to facilitate a meeting with Gabrielle Upton MP


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20 Mar 2017 NSW/ACT Young Achiever awards – last chance to purchase tickets.

20 Mar Genevieve and Ray Long regarding Council amalgamations.

20 Mar Bob Mills seeking information about the Oberon Common

20 Mar Garry Taunton regarding the Oberon Rail Corridor

21 Mar RSVP from Paul Toole regarding attendance of the Democracy Day 2017

23 Mar Invitation to attend the National General Assembly of Local Government 18-21 June 2017.

27 Mar Letter from Neville and Lesley Kurtz regarding noxious weeds along the roadsides.

28 Mar Invitation from Bathurst Regional Council to the Hi-Tec Oils Bathurst 6 Hour on 16 April 2017.

28 Mar Paul McGirr regarding the great news of no amalgamation.

29 Mar Invitation to the Little Athletics Presentation Evening on 9 April.

29 Mar Invitation to the NSW RFS O’Connell Station SOD Turning 3 May 2017 (postponed)

31 Mar Local Government NSW regarding Legal Assistance Policy and Guidelines.

4 Apr Congratulations card in regards to no merger from Zoran Stanic

4 Apr Correspondence forwarded to Mayor of Lithgow, Stephen Lesslie regarding the Bathurst Bullet Train

4 Apr Invitation to attend the 2017 St Ignatius Catholic Debutant Ball being held on 5 May 2017.

5 Apr Correspondence from Paul Toole MP regarding letter from the Office of the Mayor in regards to the Future of Jenolan Caves.

5 Apr Correspondence forwarded to the Hon Paul Toole MP following up a request to facilitate a meeting with Forestry Corporation.

5 Apr Bathurst Regional Council re 2017 Hi-Tec Oils Bathurst 6 Hour event.

6 Apr Bob Mills letter of thanks for information provided about the Oberon Common.

6 Apr Oberon Business and Tourism Association advising of the OBTA Committee Members.

6 Apr Oberon Business and Tourism Association requesting Council partner in a project to produce a promotional video of Oberon.

7 Apr Minister for Indigenous Affairs inviting Council to be part of celebrations and activities to mark the 50th Anniversary of the 1967 Referendum.

7 Apr Annie Cook regarding the Oberon/Tarana Rail Corridor

10 Apr Reference provided for Blackadder Associates.

10 Apr Invitation to attend the Quilts in the Shed Exhibition in O’Connell.

10 Apr Oberon RSL Sub-branch invitation to participate in the 2017 Anzac Commemorations.

Notes:


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10. NOTICES OF MOTIONS

10.01 NOTICE OF MOTION – LOWES MOUNT/CARLWOOD ROAD INTERSECTION

File No: R23 Author: Clr Clive McCarthy

Summary Seeking to upgrade the sight distance at Lowes Mount Road and Carlwood Road western side.

Motion That Oberon Council upgrade sight distance at Lowes Mount Road and Carlwood Road west side:

1. Relocate heritage site against fence.

2. Reposition existing letter box (in use).

3. Dig out stump and regrowth.

4. Investigate possible Black Spot Funding to carry out the work.

10.02 SEALING ISABELLA ROAD


Summary Seeking to source funds from reserves to seal one kilometre on the Isabella Road due to Council upgrading this section twice in the last few years to a seal standard.

Motion That Oberon Council source funds from reserves to seal one kilometre on the Isabella Road due to Council upgrading this section twice in the last few years to a seal standard.

10.03 SEALING CARLWOOD ROAD


Summary Seeking Council approval to provide funds from Section 94 Rural Roads to seal 500 metres of Carlwood Road.

Motion That Oberon Council provide funds from Section 94 Rural Roads to seal 500 metres of Carlwood Road from “Newstead” gate heading west. Culvert installed to support sealing.

Note: requested amounts in Section 94 Rural Roads has not come forth to support this motion.


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11. COUNCILLOR AND DELEGATES REPORTS

11.01 OBERON BUSINESS AND TOURISM ASSOCIATION MEETING

File No: Economic Dev/OBTA Author: Clr Sam Lord

Summary The Oberon Business and Tourism Association Meeting was held on 8 March 2017 at the Oberon Golf Club. Councillor Sam Lord attended the meeting.

Recommendation That report item 11.01 is received as information.

Comment The Oberon Business and Tourism Association Meeting was held on Wednesday 8 March 2017 at the Oberon Golf Club. The meeting was opened by President Tim Charge who reported on pending 356 Council funding grants. It was mentioned that the Oberon Visitors Information Centre has complied a list of businesses that will be opened over the Easter Long weekend 2017. It was mentioned that Andrew Gee will be visiting Oberon on Tuesday 12 March 2017 to meet with local businesses. Mayor Kathy Sajowitz gave a Mayoral report. She advised that there will be no merger for Oberon and that there will be a Councillor Election on 9 September 2017. The Mayor mentioned that Democracy Day 2017 will be held on Saturday 25 March 2017 in conjunction with the Oberon Youth Council Fun Run. It was requested that OBTA sponsor a prize for the day. Deputy General Manager of Oberon Council Gary Wallace commented on reinventing the Tablelands way concept. The Deputy General Manager would like to look at what ideas tourists and the community members might have so that they can be well utilised in developing this attraction. Don Capel asked how will Council draw more people into the town and if this will include more signage. Don Capel stated that the hot weather for the Steam Fair had an impact on the event but overall it was great for Oberon. Don also wanted to thank the Oberon Council for their collaboration and support. Jen Caple mentioned that the Experience Oberon Facebook page is going well with over 5000 views. Jen invited all members to contribute photos and comments to the Facebook page. It was discussed that OBTA are seeking quotes for a professional video to promote Oberon. OBTA has made a request to Oberon Council to contribute half of the cost for this video. OBTA are still waiting to receive quotes back.


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Meg Lowe notified all members that the Oberon Community Markets are at a new venue. They will now be held at the Showground and since moving the markets there has been a record 36 stall holders attending. It was declared that there will be no Business Awards held this year but OBTA may consider a business of the month promotion. There has been discussions regarding the Oberon Community Local Directory but it is still only early days. Two $25.00 shop local vouchers will be donated by OBTA for Oberon Democracy day 2017. Discussions were held on having a few more businesses and eateries open over the Easter break this year so that tourism needs are met. It is disappointing that the tourists who visit Oberon at this time have very limited locations open to eat or shop. The next meeting to be held at 6pm Wednesday 12 April 2017 at the Oberon Golf Club.

Notes:


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11.02 UPPER MACQUARIE COUNTY COUNCIL

File No: Governance/Meetings/Ordinary/April 2017 Author: John Morgan/Councillor

Summary Councillors John Morgan and Neil Francis attended the meetings of the Upper Macquarie County Council on 9 and 17 March 2017. A copy of the minutes of the meetings are provided for Council’s information.


Comment Two meetings were held during March 2017 both attended by Councillors Francis & Morgan. Minutes FOLLOW. Special Meeting was called on 9 March 2017 by outgoing Acting General Manager, David Sherley, whose term in office finishes late April 2017. The status and challenges facing the Council were outlined. Also attending were General Managers or Acting General Managers, and Mayors of the Constituent councils. A presentation was provided showing how the UMCC has changed during the Acting General Manager’s term, including implementation of policies, work procedures, compliance monitoring and mapping, hence the need for additional staff if the Council was to continue. Most urgent was the need for a General Manager or Acting General Manager by the end of April 2017. Data showing the Acting General Manager’s calculated levels of service were presented, claiming they did not meet current guidelines, and four additional inspectors would be needed to meet them. Currently 40% of inspector’s time is taken up with administration. A total of $660,000 would be needed to meet expectations. The meeting resolved to “commence the procedure to hire a General Manager or Acting General Manager, should none of the constituent councils nominate a suitably qualified person, and that this person when appointed conduct a study of the UMCC and report to the council within three months. The commissioning of an external body for this process should be considered.” The Ordinary Meeting was held on 17 March 2017. The normal monthly meeting discussed the ongoing operations. Oberon's inspector detailed the work for the months work at 38 properties and 18 road inspections, plus 1 day at the Rydal show with weeds trailer and 1 day presentation to Burraga AG-Bureau. Officer admits ratio required 6 days during the month, 1 day in training was also required. The UMCC delivery plan for 2017/18, annual operation plan, annual revenue policy and business activity strategic plan 2017/18 are to be placed on public exhibition for 28 days. Public submissions are invited. Councillor Kingham was appointed to the Macquarie Valley Weeds Advisory Committee. Also adopted were the plans for Work Health & Safety and UMCC pesticide use notification.

CertificateThis is page 1 of 4 pages of the Minutes of the Ordinary Meeting of the Upper Macquarie County Council held atthe Council Chambers, Kelso, on Friday 3 February 2016.

Chairman...................................................... General Manager..................................................

Upper Macquarie County Council

Minutes of the Ordinary Meeting of the Council held at theCouncil Chambers, Kelso, on

Friday 3 February 2017

The Chairman declared the meeting open at 2.30 pm.

Attendance

The following members were present -

CouncillorsG. Braddon - ChairmanW.AubinN. FrancisD. KinghamJ. MorganI.NorthR.Thompson

The General Manager, Administration Officer and the Acting Chief Weeds Officer,were also in attendance.

Apologies

Apologies for unavoidable absences were received from Councillor Lesslie.Moved Councillor AubinSeconded Councillor NorthThat the apologies of Clr Lesslie be accepted and that he be granted leave ofabsence.Resolved in the affirmative

Confirmation of Minutes

Moved Councillor KinghamSeconded Councillor ThompsonThat the Minutes of the Ordinary Meeting of the Upper Macquarie County Councilheld on 16 December 2016 be adopted. A copy of which had been provided to eachCouncillor prior to the meeting, be adopted.Resolved in the affirmative

Business arising from the Minutes

Nil

Declaration of Interest

Nil



County Chairman’s report

Item A – Appointment General ManagerMoved Councillor KinghamSeconded Councillor MorganThat a meeting of the UMCC delegates and the Mayors and General Managers ofthe constituent councils be organised to discuss the future directions of UMCC.Resolved in the affirmative

Chief Weeds Officer’s Report

That the Report of the Chief Weeds Officer be noted;

(i) Inspection Reports for the period 25/11/16 – 17/01/17

Moved Councillor ThompsonSeconded Councillor NorthThat the information on be noted.Resolved in the affirmative

General Manager’s Report

Item A – Meeting datesMoved Councillor ThompsonSeconded Councillor FrancisThat the information be noted.Resolved in the affirmative

Item B – Integrated Planning and Reporting ReviewMoved Councillor AubinSeconded Councillor Thompson

That That Council

(a) note the progress report on the 2016-2020 Delivery Program and(b) adopt the Budget Review Statement and report for the quarter ended 31

December 2016 and that any variations to income and expenditure bevoted.

Resolved in the affirmative

Item C – Statement of InvestmentsMoved Councillor KinghamSeconded Councillor NorthThat the information be noted.Resolved in the affirmative

Item D – Work Health & Safety Action PlanMoved Councillor NorthSeconded Councillor AubinThat Council note the updated Upper Macquarie County Council Work Health &Safety Action Plan 2016.Resolved in the affirmative



Item E – UMCC AuditMoved Councillor ThompsonSeconded Councillor AubinThat Council note the changes in the audit process and additional costs.Resolved in the affirmative

Item F – Correspondence and InformationMoved Councillor AubinSeconded Councillor KinghamThat the information be noted.Resolved in the affirmative

General Business

BUSINESS ITEMS (PREVIOUSLY MADE) BROUGHT FORWARD

MATTER COUNCIL MEETING1. Works required at Wattle Flat concerning

blackberry infestation.(Raised by Clr Kingham)

2. Blackberries have taken off on roadsides inBurraga area: Could these be sprayed. GeneralManager noted matter will be reviewed.(Raised by Cr Francis)

3. Noted CTLLS seeking information on handling ofserrated tussock and St Johns Wort. Skills lossfrom staff leaving and future directions.(Raised by Clr Morgan)General Manager noted;Data storage and where it’s being backed up.Other authorities may want data, this is likely tooccur with the new Biosecurity Act.IT upgrades data allows capture of data such assite history etc, spraying history, correspondencehistory, this will help lessen some of the impact.

4. Temporary staff how long till they are up andrunning. Weeds Officer advised around 1-2weeks. General Manager noted will be trying tohire more staff as soon as practicable.(Raised by Clr Thompson

5. Requested will there be a February update onfinances taking into account all the variations thathave occurred eg IT costs. GM noted there willbe a detailed report to the February Meeting.(Raised by Cr Kingham)

6. Crown Land Mid Western Hwy: Has forwardedthrough concerns on several properties, difficultto identify the property numbers.It was noted that this advice from councillors isappreciated by the Weeds Officer and that to fine

6 May 2016

16 December 2016

16 December 2016

16 December 2016

16 December 2016COMPLETED



tune the exact site location, information can besought from the UMCC or constituent councildatabases. (Raised by Clr Kingham)

Moved Councillor ThompsonSeconded Councillor KinghamThat the information be noted.Resolved in the affirmative

The Chairman declared the meeting closed at 3.40 pm

**********

CertificateThis is page 1 of 5 pages of the Minutes of the Ordinary Meeting of the Upper Macquarie County Council held atthe Council Chambers, Kelso, on Friday 17 March 2017.


Upper Macquarie County Council

Minutes of the Ordinary Meeting of the Council held at theCouncil Chambers, Kelso, on

Friday 17 March 2017

The Chairman declared the meeting open at 2.30 pm.

Attendance

The following members were present -

CouncillorsG. Braddon - ChairmanN. FrancisD. KinghamS.LesslieJ. MorganI.NorthR.Thompson

The General Manager, Administration Officer and the Acting Chief Weeds Officer,were also in attendance.

Apologies

An apology for the late arrival was received from Clr Aubin.Moved Councillor NorthSeconded Councillor FrancisThat the apology for that late arrival of Clr Aubin be accepted.Resolved in the affirmative

Confirmation of Minutes

Moved Councillor KinghamSeconded Councillor ThompsonThat the Minutes of the Ordinary Meeting of the Upper Macquarie County Councilheld on 3 February 2017 be adopted. A copy of which had been provided to eachCouncillor prior to the meeting, be adopted.Resolved in the affirmative

Business arising from the Minutes

Nil



Declaration of Interest

Moved Councillor MorganSeconded Councillor North

Clr FrancisThe Chief Weed Officer’s Report, Item A. Inspection List (items 67 and 77). ClrFrancis is the owner of one of the properties inspected, and the other property isowned by the councillors niece.Resolved in the affirmative

Councillor Aubin arrived at 2.35pm.

County Chairman’s Report

Item A – Chairman’s MinuteMoved Councillor KinghamSeconded Councillor LesslieThat;

a) UMCC delegate to the Chairman the authority to appoint an Acting GeneralManager (part-time) for 12 months, and

b) the constituent councils be asked to provide assistance to the Acting GeneralManager on a fee for service basis as needed.

c) as a priority the Acting General Manager initiate a review to explorealternative governance models for weed control in the UMCC region.


Chief Weeds Officer’s Report

Inspection Reports for the period 18/01/17-21/02/17Moved Councillor NorthSeconded Councillor FrancisThat

a) the report of the Chief Weeds Officer be noted; Items 67 and 77 werewithdrawn and dealt with separately.

Clr Francis left the room whilst inspections 67 and 77 were discussed. Pecuniaryinterest declaration.

That the report of the Chief Weeds Officer be noted;Moved Councillor NorthSeconded Councillor Thompson

b) Inspection Reports for the period 18/01/17 – 21/02/17; Items 67 and 77 benoted.




General Manager’s Report

Item A – Meeting datesMoved Councillor NorthSeconded Councillor KinghamThat the information be noted.Resolved in the affirmative

Item B – Draft Upper Macquarie County Council Business Activity, StrategicPlan 2017/18, Delivery Plan 2017/18-2020/21, And Annual Operating Plan2017/18Moved Councillor KinghamSeconded Councillor Aubin

That1. the draft UMCC Delivery Program 2017/18 – 2020/21, Annual

Operational Plan 2017/18 including the Annual Revenue Policy, and theBusiness Activity Strategic Plan 2017/18-2026/27 be placed on publicexhibition for 28 days,

2. Council invite public submissions.

3. the allowance for Councillors be fixed at the amount of $1,922 per annumwith effect from 1 July 2017

4. the additional allowance of the Chairman be fixed at $7,155 per annumwith effect from 1 July 2017

5. Council undertake a review of the resourcing strategy to provide abalanced budget in future years.


Item C – Statement of InvestmentsMoved Councillor AubinSeconded Councillor MorganThat the information be noted.Resolved in the affirmative

Item D – Work Health & Safety Action PlanMoved Councillor ThompsonSeconded Councillor NorthThat Council note the updated Upper Macquarie County Council Work Health &Safety Action Plan 2016.Resolved in the affirmative



Item E – UMCC Pesticide Use Notification PlanMoved Councillor NorthSeconded Councillor AubinThat Council adopt the Draft UMCC Pesticide Use Notification PlanResolved in the affirmative

Item F – Macquarie Valley Weeds Advisory Committee – UMCCRepresentativesMoved Councillor ThompsonSeconded Councillor NorthThat Councillor Kingham be nominated as delegate.Resolved in the affirmative

Item G – Correspondence and InformationMoved Councillor ThompsonSeconded Councillor FrancisThat the information be noted.Resolved in the affirmative

General Business

BUSINESS ITEMS (PREVIOUSLY MADE) BROUGHT FORWARD

MATTER COUNCIL MEETING1. Works required at Wattle Flat concerning

blackberry infestation.(Raised by Clr Kingham)

2. Blackberries have taken off on roadsides inBurraga area: Could these be sprayed. GeneralManager noted matter will be reviewed.(Raised by Cr Francis)

3. Noted CTLLS seeking information on handling ofserrated tussock and St Johns Wort. Skills lossfrom staff leaving and future directions.(Raised by Clr Morgan)General Manager noted;Data storage and where it’s being backed up.Other authorities may want data, this is likely tooccur with the new Biosecurity Act.IT upgrades data allows capture of data such assite history etc, spraying history, correspondencehistory, this will help lessen some of the impact.

4. Crown Land Mid Western Hwy: Has forwardedthrough concerns on several properties, difficultto identify the property numbers.It was noted that this advice from councillors isappreciated by the Weeds Officer and that to finetune the exact site location, information can besought from the UMCC or constituent councildatabases. (Raised by Clr Kingham)

6 May 2016

16 December 2016

16 December 2016

3 February 2017



5. Information night at Burraga was well presented.There were 30 plus persons in attendance.(Raised by Clr Francis)

6. Neville; the local Landcare group are very active.Suggests UMCC contact them to hold aninformation night. (Raised by Clr Kingham)

17 March 2017(COMPLETED)

17 March 2017

Moved Councillor NorthSeconded Councillor KinghamThat the information be noted.Resolved in the affirmative

The Chairman declared the meeting closed at 3.41 pm

**********


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11.03 COUNTRY MAYORS ASSOCIATION MEETING 24 MARCH 2017

File No: Government Relations/Regional/Country Mayors Association Author: Mayor Kathy Sajowitz

Summary On March 24 2017 AGM Lynette Safranek and I attended the NSW Country Mayors Association (NSWCMA) Meeting held at NSW Parliament House in Macquarie St. The new Chair Katrina Humphries, Mayor – Moree Plains Shire Council hosted a good meeting; I have noticed a lift in interest since Katrina took the Chair. An application was received from Goulburn Mulwaree Council to join the NSWCMA. A motion was put and carried to accept the nomination.


Comment Speakers were:

The Hon Melinda Pavey MP, Minister for Roads Maritime and Freight

The Hon Gabrielle Upton MP, Minister for Local Government, Heritage and Environment

Mr Gary White Chief Planner, Department of Planning

Mr Ian Dinham President, Floodplain Management Australia

Mr Ken Gillespie, Regional Infrastructure Coordinator, NSW Premier and Cabinet Agenda Items Summary:

Discussion around the cost impost on councils as a result of the mandatory requirement to have the annual audit conducted by the Auditor General. NSWCMA voiced concerns that the extra costs would possibly be passed on to ratepayers.

Discussion took place in relation to lack of incentives for businesses to relocate to Regional areas. It was resolved that NSWCMA would write to Minister Barilaro supporting a policy to put in place such incentives.

Warrumbungle Shire Mayor spoke about the disastrous St Ivan Fire and the significant hidden risk to public health from asbestos when old buildings are destroyed and fibers become airborne. Disaster Welfare Assistance is insufficient. More information will be forthcoming at next meeting.

Ian Dinham, President - Floodplain Management Australia: The current Flood Management Plan is being reviewed by the Floodplain Risk Management Committee. Current issues include the length of the process to obtain funding to cover flood damage, reduction of staff in the organisation, grant funding not being spent due to these staff shortages, and inadequate funding. Flood damage in Australia is estimated to be $560 million per annum estimated to increase to $33billion by 2050. Ninety percent is spent on restoration and ten percent on mitigation. This is a huge imbalance and reactive not proactive. Eligibility for funding is complicated, as an example council staff costs are not eligible if repair work undertaken during normal working hours. The whole process needs to be made simpler and the Queensland model is far superior to that of NSW. The new agreement between the Commonwealth and States needs to make it more favorable for Councils. NSWCMA committed to supporting the review.


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The Hon. Melinda Pavey MP The NSW Government is endeavouring to work with, and listen to, Regional NSW. Since 2011 $38billion has been spent on roads, freight and waterways infrastructure and more than 65% of this has been spent in Regional NSW. Current programs include Fixing Country Roads $500 million, Fixing Country Rail $400 million, Bridges for the Bush $200 million, Regional Road Projects $250 million, Fixing Country Truck Wash Program $10 million, and NSW Boating Now Projects $21 million. In 2016 the road toll was 384 fatalities, this is unacceptable and as road safety challenges in Rural NSW are higher than in the city the Government is endeavouring to have shared safety goals with Local Government through the Councils Roads Safety Program. I asked if the Fixing Country Truck Wash Program could include Forestry as the spread of weeds through haulage was a major problem. Response was that the current program was for biosecurity control at saleyards, but the Minister will keep this suggestion in mind. Hon Gabrielle Upton MP, Minister for Local Government, Heritage and the Environment – Minister Minister Upton attracted much interest as you would imagine. She thanked Councils for the work they undertake as they “make a difference on the ground”. Recent discussions have been on the creation of new councils and the decision not to proceed with proposed mergers which will enable those councils to move forward. The Office of Local Government is working through reforms following on from the Fit for the Future Process and will be working with councils deemed unfit. Blayney Council Mayor highlighted the existing situation where councils found unfit under scale and capacity criteria cannot address that in the short term and as a result are unable to access low interest loans through TCorp/Infrastructure NSW . This is an unfair situation. I along with the Mayor of Forbes supported that Concern and have requested a meeting. Minister Upton took that on board and stated this situation was being assessed. The Minister stated no further work had been done on the JO Process. Bellingen Council stated that 59% of their LGA was unrateable and requested that the Minister considers something like a 50% rate charge. Minister Upton will consider this suggestion. The container deposit scheme should be operational by February 2018. I spoke to the Minister after the meeting in relation to my written request for a meeting when next Centroc Board Meeting takes place in May to discuss Jenolan Caves, unrateable land and access to low interest loans. The Minister committed to setting up an appointment time. Ken Gillespie, Regional Infrastructure Coordinator, NSW Premier & Cabinet Mr Gillespie was recently appointed to this position; he outlined his background and explained that he was looking at ways of enhancing the outflow for infrastructure in rural NSW. He stated that regulations made the current approvals process too slow and his unit were trying to free this up. Mr Gillespie was a visitor to this meeting but will be a registered speaker in June. He is on a road trip around the regions and I invited him to visit Oberon as part of that. Mr Gary White, Chief Planner, Department of Planning Mr White spoke extensively about Megatrends as a major shift in environment, social and economic conditions. His opinion is that Megatrends will drive the world and have impacts on locations and communities. An example of a megatrend was that 1 year’s harvest of Australian apples is consumed in 22 hours by Chinese consumers. This is a vast market. He also spoke about general principles for successful towns and regions which must include organisation structure, distinctive identity, continuity and connectivity, convenience, comfort and universal access. Develop a competitive edge in agriculture, freight and logistics, tourism and health and education.

Country Mayors Association of NEW SOUTH WALES

Chairperson: Cr Katrina Humphries PO Box 420 Moree NSW 2400

02 6757 3222 ABN 92 803 490 533

MINUTES

GENERAL MEETING FRIDAY, 24 MARCH 2017, JUBILEE ROOM, PARLIAMENT HOUSE, SYDNEY The meeting opened at 9.30 a.m. 1. ATTENDANCE:

Armidale Regional Council, Mr Peter Dennis, Acting General Manager Bega Valley Shire Council, Cr Kristy McBain, Mayor Bellingen Shire Council, Cr Dominic King, Mayor Berrigan Shire Council, Cr Matthew Hannan, Mayor Bland Shire Council, Cr Tony Lord, Mayor Bland Shire Council, Mr Ray Smith, General Manager Blayney Shire Council, Cr Scott Ferguson, Mayor Blayney Shire Council, Ms Rebecca Ryan, General Manager Carrathool Shire Council, Cr Peter Laird, Mayor Carrathool Shire Council, Mr Ken Murphy, Acting General Manager Coffs Harbour City Council, Cr Denise Knight, Mayor Coolamon Shire Council, Cr John Seymour, Mayor Coolamon Shire Council, Mr Tony Donoghue, General Manager Coonamble Shire Council, Cr Michael Webb, Mayor Eurobodalla Shire Council, Ms Cath Dale, General Manager Federation Council, Mr Chris Gillard, Acting General Manager Forbes Shire Council, Cr Graeme Miller, Mayor Forbes Shire Council, Mr Danny Green, General Manager Gilgandra Shire Council, Cr Doug Batten, Mayor Gilgandra Shire Council, Mr David Neeves, General Manager Griffith City Council, Cr John Dal Broi, Mayor Griffith City Council, Mr Max Turner, Acting General Manager Gwydir Shire Council, Cr John Coulton, Mayor Gwydir Shire Council, Mr Max Eastcott, General Manager Hilltops Council, Ms Wendy Tuckerman, Administrator Inverell Shire Council, Cr Paul Harmon, Mayor Kempsey Shire Council, Cr Liz Campbell, Mayor Kempsey Shire Council, Mr David Rawlings, General Manager Leeton Shire Council, Cr Paul Maytom , Mayor

Leeton Shire Council, Ms Jackie Kruger, General Manager Liverpool Plains Shire Council, Cr Andrew Hope, Mayor Lockhart Shire Council, Cr Roger Schirmer, Mayor Lockhart Shire Council, Mr Peter Veneris, General Manager Mid Western/Mudgee Regional Council, Cr Des Kennedy, Mayor Mid Western/Mudgee Regional Council, Mr Brad Cam, General Manager Moree Plains Shire Council, Cr Katrina Humphries, Mayor Moree Plains Shire Council, Mr Lester Rogers, General Manager Moree Plains Shire Council, Ms Alice Cobran, Governance Project Officer Murrumbidgee Council, Mr Andrew Crakanthorp, Acting General Manager Narrabri Shire Council, Cr Catherine Redding, Mayor Oberon Shire Council, Cr Kathy Sajowitz, Mayor Oberon Shire Council, Ms Lynette Safranek, Acting General Manager Parkes Shire Council, Cr Barbara Newton, Deputy Mayor Shoalhaven City Council, Cr Amanda Findley, Mayor Snowy Monaro Regional Council, Mr Joe Vescio, Acting General Manager Temora Shire Council, Cr Rick Firman, Mayor Temora Shire Council, Mr Gary Lavelle, General Manager Tenterfield Shire Council, Cr Peter Petty, Mayor Upper Lachlan Shire Council, Cr Brian McCormack, Mayor Upper Lachlan Shire Council, Mr John Bell, General Manager Uralla Shire Council, Cr Michael Pearce, Mayor Walcha Council, Cr Eric Noakes, Mayor Warrumbungle Shire Council, Cr Peter Shinton, Mayor Warrumbungle Shire Council, Mr Steve Loane, General Manager Yass Valley Council, Cr Rowena Abbey, Mayor Yass Valley Council, Mr David Rowe, General Manager LGNSW, Cr Keith Rhoades, President LGNSW, Cr Lindsay Brown, Vice President Premier and Cabinet, Mr Ken Gillespie, Regional Infrastructure Coordinator

APOLOGIES:

As submitted

SPECIAL GUESTS: Mr Ian Dinham, President, Floodplain Management Australia

Hon Melinda Pavey MP, Minister for Roads, and Maritime and Freight

Mr Gary White, Chief Planner, Department of Planning

Hon Gabrielle Upton MP, Minister for the Environment, Minister for Local

Government, and Minister for Heritage

2. Adoption of Minutes of Previous Meeting:

RESOLVED that the minutes of the General Meeting held on 4 November 2016 be accepted as a true and accurate record (Inverell Shire Council / Tenterfield Shire Council).

3. Matters Arising from the Minutes NIL 4. Mr Ian Dinham, President, Floodplain Management Australia

Floodplain management Australia has been the peak body since 1961 and is the national network in every state in Australia. The Flood Management Plan is being reviewed by the Floodplain Risk Management Committee. Current issues are very long process, reduction in staff, grant funding not being spent due to staff shortages, and inadequate funding. Flood damage in Australia is estimated to be $560 million per annum estimated to increase to $33billion by 2050. Ninety percent is spent on restoration and ten percent on mitigation. Many things are not eligible for funding a major one being reimbursement of Council staff costs are not eligible for work undertaken during normal working hours. Currently Commonwealth Assistance for the States is based on

50% up to first threshold $73.3 million to individuals

50 % between 1st and 2nd threshold $164.9 million for essential public assets

75% above second threshold $288.6 Million Funding thresholds for individuals and Councils needs to be made simplier and that is what the review is doing. The new agreement between the Commonwealth and States needs to make it more favourable for Councils

RESOLVED That the Country Mayors Association support the review of the NDRRA to both Minister Keenan, appropriate State Government Departments and ALGA particularily in respect to having State guidelines match Commonwealth guidelines (Warrumbungle Shire Council/ Yass Valley Council)

5. Membership

RESOLVED ThatGoulburn Mulwaree Council be admitted as a member of the Association (Warrumbungle Shire Council/Yass Valley Council)

6. CORRESPONDENCE

Outward (a) Mr Justin Bear, Bluemont Pty Ltd, thanking him for his presentation at the 4

November meeting (b) Mr Gary White, Chief Planner, NSW Department of Planning and

Environment, thanking him for his presentation at the 4 November meeting (c) To member Mayors, urging members to write to the Premier, Treasurer,

Minister for Local Government and IPART expressing complete dissatisfaction of the 2017-18 rate peg increase

(d) The Hon Mike Baird MP, Premier, The Hon Gladys Berejiklian MP, Treasurer, The Hon Paul Toole MP, Minister for Local Government, Independent Pricing and Regulation Tribunal, expressing complete dissatisfaction of the 2017-18 rate peg increase

(e) To country Members of Parliament advising the election of Chairman 2017 and the Executive and inviting close working relations ships between country MP’s and the Country Mayors Association

Inward

(a) Darryl Maguire MP, member for Wagga Wagga, passing on congratulations to the Executive

(b) Chris Gulaptis MP, member for Clarence, looking forward to working with Country Mayors in the future

(c) Shelly Hankock MP, member for South Coast suggesting a meeting with our Chairperson in the new year

(d) Robert Brown MLC, (Shooters Fishers and Farmers Party) looking forward to assisting Country Mayors

(e) Hon Mark Speakman MP, Minister for Environment, Re Flying Fox Camp Management

(f) Hon John Barilaro MP, Deputy Premier, Minister for Regional Development, Minister for Skills, and Minister for Small Business, advising he is looking forward to working with the Association

NOTED

7. FINANCIAL REPORT RESOLVED That the financial reports for the last quarter were tabled and accepted (Moree Plains Shire Council / Temora Shire Council)

8. MR KEN GILLESPIE, REGIONAL INFRASTRUCTURE COORDINATOR, NSW PREMIER AND

CABINET Mr Gillespie recently appointed to the position outlined his background and

explained that he was looking at ways of enhancing the outflow for infrastructure in

Rural NSW. The approvals process currently is not fast enough and his unit was

trying to free this up

9. Hon Melinda Pavey MP, Minister for Roads, and Maritime and Freight

The Government is endeavouring to work together and listen to Regional NSW.

Currently the Government is playing catchup and planning for the future. Current

programs include Fixing Country Roads $500 million, Fixing Country Rail $400

million, Bridges for the Bush $200 million, Regional Road Projects $250 million,

Fixing Country Truck Wash Program $10 million, and NSW Boating Now Projects

$21 million. In 2016 the road toll was 384 killed. The road safety challenges in

Rural NSW are higher than in the city that is why the Government is endeavouring

to have shared safety goals with Local Government through the Councils Roads

Safety Program. It is up to stakeholders to work with the State Government to

produce solutions.

10. General Business (a) Appointment of External Auditors for Council by Auditor General

Appears to be a done deal. Local; Government may need to request a review if problems over costs continue. LGNSW has agreed to highlight any problems and inconsistencies in their weekly newsletter.

(b) Business Relocation Incentives

RESOLVED That the Country Mayors Association write a letter to Minister of

Regional Development, The Hon. John Barilaro strongly supporting a Business

Relocation Incentive policy for those businesses based in the Sydney basin that

have to relocate their business to Regional NSW because of development

pressures in Sydney (Bega Valley Shire Council/ Yass Valley Council)

(c) Disaster Welfare Assistance

Asbestos is a significant risk to public health particularly when fibers get released by other factors such as fire. Warrumbungle Shire Council to submit a motion to the next meeting

(d) Sir Ivan Fire

NOTED 11. Mr Gary White, Chief Planner, Department of Planning

Megatrends is a major shift in environment, social and economic conditions. Megatrends will drive the world and have impacts on locations and communities. Megatrends in Australia include More for Less, Protection of Biodiversity, Economic Growth, An Aging Population, Digital Technology, Rise of the Individual Consumer and Technological Advancement Smart Technology is the new Green but to be smart Councils must still consider the employment and housing of citizens. Megatrends influence Technological change and are determinants for government decisions. Multiple Megatrends means changes are occurring at a faster rate than previously predicted and we are moving from a Linear Economy where you loose value to a Circular Economy where you retain value Opportunities bought about by Megatrends include new information technology, consumers becoming empowered with choice, increases in efficiency and productivity, connectivity and entrepreneurism. General Principles for successful towns and regions include organization structure, distinctive identity, continuity and connectivity, convenience, comfort and universal access and quality Develop a competitive edge in agriculture, freight and logistics, tourism and health and education.

12. Hon Gabrielle Upton MP, Minister for the Environment, Minister for Local

Government, and Minister for Heritage

The Minister thanked Councils for the work they undertake as they make a

difference on the ground. Thirty percent of gross product comes from the Regions.

Recent discussions have been on the creation of new councils and the decision not

to proceed with proposed mergers. Councils not now affected by mergers now

have certainty and can carry on governing. Under Fit For the Future there have

been changes and the Office of Local Government is working through the other

reforms. The Office of Local Government is working with non fit Councils (based

on scale and capacity).

13. Duncan Gay

RESOLVED That the Country Mayors Association write to the former Minister for

Roads expressing its appreciation for his assistance, cooperation and close working

relationship with Local Government during his tenure as Minister for Roads (Upper

Lachlan Shire Council/ Moree Plains Shire Council)

There being no further business the meeting closed at 1.25pm.

Cr Katrina Humphries Chair – Country Mayor’s Association of NSW


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12. COMMITTEE REPORTS

12.01 COMMUNITY SERVICES COMMITTEE

File: Governance/Meetings/Community Services Committee Author: Lynette Safranek, Finance & Community Services Director

Summary Minutes of the Community Services Committee Meetings held on 16 February and 16 March 2017 are submitted for Council’s information and consideration.

Recommendation: That Council:

1. Accept the Minutes of February and March meetings as information,

2. Adopt the tabled Terms of Reference,

3. Supply the numbers and work with Rural Fire Service and SES volunteers to place them on the kerbs,

4. Include the MLAK system as part of its Disability Inclusive Action Plan, and

5. Ask Council staff to apply for Responsible Pet Ownership grant funding when it is next available.

Comment Minutes of the Community Services Committee meetings held on 16 February and 16 March 2017, and the Terms of Reference FOLLOWS. At the meeting on 16 February 2017, the members agreed on a new Terms of Reference for this Committee (copy attached). The Committee will be an advocate and provide recommendations to Council in relation to community facilities, services and policies that are non-sporting. The meeting on 16 March 2017 discussed a range of topics including:

- Neighbour Day

- Display of house numbers

- Mental Health awareness programs

- Access to disabled toilets 24/7

- Update on Oberon Democracy Day

- Responsible pet ownership grant funding

- NBN rollout update

- Hathaway Cottage sale update

- Community Hub update

- Community Garden update

- Service NSW update Please refer to the attached Minutes for details. The next meeting is scheduled for Thursday 20 April 2017 from 2.00pm.

OBERON COUNCIL – OBERON COMMUNITY SERVICES COMMITTEEPage 1 of 2

Minutes of the Oberon Community Services Committee Meeting held on 16 February 2017

The Oberon Community Services Committee Meeting was held on 16 February 2017 in theCouncil’s Committee Room, 137-139 Oberon St, Oberon.

The Meeting commenced at 2:00pm

ATTENDANCE

Lynette Safranek Acting General ManagerKathy Beesley Community Services CoordinatorBev Evans Community RepresentativeSue Fisher-Smith Oberon Neighborhood Centre RepresentativeTina Slattery Oberon Health CouncilOwen Rogers Community RepresentativeTamara Greenhalgh Finance & Community Services Trainee

APOLOGIES

Mark Boffa Community RepresentativeMayor Kathy Sajowitz - Chair Council MemberJill Evans Council MemberJohn Morgan Council Member

1. APOLOGIES – see Attendance and Apologies above

2. DECLARATIONS OF INTEREST- Nil

3. MINUTES OF THE PREVIOUS MEETING HELD ON 15 September

4. BUSINESS ARISING FROM PREVIOUS MEETING

5. GENERAL BUSINESSa) It was decided to recommend to Council that the name of the combined committees

would be Community Services Committee. Meetings will be held quarterly on thethird Thursday of the month.

Recommendation:That Council name the new combined Seniors Welfare and Community ServicesCommittees the “Community Services Committee”.

b) Terms of Reference was discussed and agreed.

Recommendation:That Council adopt the proposed Terms of Reference as tabled.


Minutes of the Oberon Community Services Committee Meeting held on 16 February 2017

c) Megan Sovic from Meals on Wheels provided an outline on services now that it is18 months on since Bathurst MoWs took over. The service only has 8 clients inOberon whose needs vary from high dependency to those who can still go to theshops. Megan outlined the need to promote the service to the remote areas of the LGArea. She will take the service to the outer villages with a letterbox drop to the villageof Black Springs. At this point, unless the service grows, they will have no troublefinding volunteers. Megal also mentioned there is an opportunity for people leavinghospital without anyone at home to use the service. Megan will provide new flyers toCouncil and the Neighbourhood Centre shortly.

d) Owen Rogers outlined National Financial Literacy week on 27 March to 2 April andstated he was looking for interest from the public adults and children to attend anhour session. He will also be contacting the Oberon High school to see if they wish torun another session this year. The aim is to teach the importance of financial literacyto children. It was suggested that he discuss the availability of tutoring at an OberonYouth Council meeting.

e) It was mentioned that bins at the Common are not being emptied often enough.There also appears to be a lot of rubbish in the bushes in the Common.

f) Council will be holding a Biggest Morning Tea on 25 May 2017 at the CommunityCentre. Details will be published on Council’s Facebook, Website, CommunityNewsletter, Noticeboards and Oberon Review.

g) Bev Evans commented that the outside of the Council Chambers needs a paint, aswell as other buildings. Council staff advised that this is being considered as part ofthe 2017/18 budget.

An extraordinary meeting will be held on Thursday 16 March 2017 commencing at 2.00pm.

The next ordinary meeting will be held on Thursday 20 April 2017 commencing at 2.00pm.

Meeting closed at 2.50pm


Minutes of the Oberon Community Services Committee Meeting held on 16 March 2017

The Oberon Community Services Committee Meeting was held on 16 March 2017 in theCouncil’s Committee Room, 137-139 Oberon St, Oberon.

The Meeting commenced at 2:00pm

ATTENDANCE

Mayor Kathy Sajowitz - Chair Oberon MayorLynette Safranek Acting General ManagerJill Evans Council MemberBev Evans Community RepresentativeRobin Toedter Community RepresentativeTina Slattery Oberon Health CouncilOwen Rogers Community RepresentativeTamara Greenhalgh Finance & Community Services TraineeMegan Sovic Meals on WheelsBelinda Leihn Community RepresentativeJohn Morgan Council Member

APOLOGIES

Norelle Hiam Community RepresentativeSue Fisher-Smith Oberon Neighborhood Centre RepresentativeKathy Beesley Community Services CoordinatorSam Lord CouncillorMark Boffa Community Representative


2. DECLARATIONS OF INTEREST- Nil

3. BUSINESS ARISING FROM PREVIOUS MEETING – Nil

4. REPORTS

a) Neighbour day is 26th March 2017. The Chair talked about the purpose and meaningof Neighbour day and suggested a morning tea or coffee to get community memberstogether for neighbour day, specifically aimed at the elderly living alone. Advertisingin the newsletter to promote Neighbour Day and Community Services staff will followup with the Oberon Neighbourhood Centre to hold a joint event.

b) Emergency services have requested house numbers to be displayed clearer. It wassuggested that Council could take on the costing of this improvement with thecommunity or the SES/RFS to distribute the numbers to households.

RecommendationCouncil supply the numbers and work with RFS and SES to place them on the kerbs.


Minutes of the Oberon Community Services Committee Meeting held on 16 March 2017

c) The Chair spoke of a Mental Health awareness initiative highlighting what servicesare available. Lithgow Council are getting more proactive, Kathy will speak with theMayor of Lithgow to find out what Oberon can do to raise awareness of the servicesavailable in regards to mental health. Tina will take the initiative to the Health Councilto seek advice and help.

d) The Chair raised the issue of the disabled not being able to access the publicdisabled toilets after hours and wants The Community Services Committee endorsedthis issue to Council as part of the Disability Inclusion Action Plan to upgrade theLocking system for the disabled toilets with the Master Locksmiths Access Key(MLAK), an innovative system that enables people with disabilities to gain 24/7access to a network of public facilities. Anyone with a disability is able to purchasean MLAK master key which will open all toilets, playgrounds and other facilities whichare fitted with a specially designed lock.

RecommendationThat Council includes the MLAK system as part of its Disability Inclusive Action Plan.

e) The Chair gave an update on the Oberon Democracy Day celebrations. Plans areunderway, which is supported by Oberon Council and will follow the Oberon YouthCouncil Community Fun Run/Walk.

f) Responsible Pet Ownership grant funding needs to be recommended to Council atthe next meeting so as to not miss the next grant funding for this initiative.

RecommendationThat Council ensures that it applies for Responsible Pet Ownership grant fundingwhen it is next available.

g) The NBN rollout is nearly completed; it is a three month construction period which willbegin in around two weeks.

h) Hathaway Cottage will be going up for auction in early May, with quite a bit of interestalready. The bushes behind Hathaway are infested with blackberries and are goingto be completely removed, with an open fence installed.

i) Internal fitout of the new Community Hub has not been planned yet, only the exteriorplans have been finalised. Council is expecting the construction certificate next week,so that the tender can be placed. Construction is expected to start in June 2017.

j) Once grant funding for the community garden is identified, we will start with oneraised bed. More will be added over time.

k) The community are embracing Service NSW at its new location in Oberon CouncilAdministration building. On the soft opening on 10 March 2017, 20 clients camethrough the doors. Service NSW support staff will be here for two weeks to assist theadministration staff. The formal opening will be in about a month’s time.

The next meeting will be held on Thursday 20 April 2017 commencing at 2.00pm.

Meeting closed at 2.35pm

COMMUNITY SERVICES COMMITTEETERMS OF REFERENCE

Endorsed 18 April 2017 Page 1 of 1

Appointment and delegationsCouncil appointed the Community Services Committee (a combination of the SeniorsWelfare and Community Services Committees) as a S355 Committee at its OrdinaryMeeting on 19 July 2016.

The Committee has been delegated the following powers and responsibilities:a) Make recommendations and advocacy between council and community groups.b) To include Senior and Youth activities.c) To discuss and advise Council on the development of non-sporting community

facilities, services and policy.d) To participate in Oberon Council long-range planning with regards to

non-sporting community facilities.

Note:I. The Committee DOES NOT have any authority to incur any expenditure on

Council’s behalf other than that which is to be met from the Committee’s ownfunds or from funds voted by Council for that purpose.

II. The Committee is covered by the Council’s Public Liability Insurance for anyaction taken within the ambit of the authority delegated by Council.

III. Members of the Committee, when carrying out voluntary work, are covered byan accident policy taken out by Council in respect of voluntary workers.

MembershipThis Committee membership should include a range of representatives from thecommunity.

Meeting ScheduleThe committee meets on a quarterly basis, or as needs arise. Meetings will be heldon the third Thursday of the month.

EndorsementThis charter was endorsed by resolution (tbc) at Council’s Ordinary Meeting on 18April 2017.


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12.02 OBERON YOUTH COUNCIL

File: Governance/Meetings/OYC Author: Lynette Safranek, Acting General Manager

Summary Minutes of the Oberon Youth Council Meeting held on 22 March 2017 is submitted for Council’s information and consideration.

Recommendations: That Report 12.02 is provided for information.

Comment FOLLOWING is the Minutes of the Oberon Youth Council held on 22 March 2017. The following items were discussed at the Oberon Youth Council:

Nominations Luke McFarlane was voted in as the new Youth Mayor; and Lisa Safranek was voted in as the Media Officer.

Community Services Update

Youth Week/Seniors Week Community Fun Run/Walk

2017 Meeting dates

Youth Council delegations Please refer to attached Minutes for details. The next meeting will be held on Wednesday 26 April (due to School Holidays) from 5.30pm.

Notes:

OBERON COUNCIL – OBERON YOUTH COUNCIL – 22 March 2017

Minutes of the Oberon Youth Council held on 22 March 2017

The Meeting was held on 22 March 2017 at the Council Chambers.

The Meeting commenced at 5.30pm.

ATTENDANCELuke McFarlane Youth CouncillorLisa Safranek Youth CouncillorReace Vavasour Youth CouncillorElla Brian Youth CouncillorTyler Stamos Youth CouncillorJennifer Oneil Youth CouncillorPaige Simpson Youth CouncillorJess Maclure Youth CouncillorLydia Sinclair Youth CouncillorDean Jones Youth CouncillorKathy Sajowitz Oberon MayorKathy Beesley Community Services CoordinatorLynette Safranek Acting General ManagerTamara Greenhalgh Finance & Community Services Trainee

APOLOGIESLydia Moore Youth MayorDaria Olney Youth CouncillorEmmett Bowman Youth Councillor


2. REPORTS

a. Nominations- Luke McFarlane was nominated and voted as the Youth Mayor for 2017. Luke has

been a Youth Councillor for almost 2 years.- Lisa Safranek was nominated and voted as the Youth Media Coordinator. Lisa has

been a Youth Councillor for 3 years and was a founding member of the OYC.

b. Community Services Coordinator UpdateKathy Beesley gave an update on recent events including International Woman’s DayMayoral Lunch which was a great success with hospitality students from Oberon HighSchool providing assistance.

Mayor Kathy Sajowitz gave an update on who will be attending Oberon Democracy Day,which includes Mickey Pye, Keely Armstrong, Chloe Swannell & Kurt Booth in relation tomusic. Kathy asked for assistance from the Youth Councillors during the afternoon.

c. Youth Week/Seniors Week activitiesPlans were made regarding the Youth Week/Seniors Week Community Fun Run/Walk.We have outdoor Council Staff managing traffic control, Oberon Health Council will bethere to give away water bottles for the participants, and Youth Councillors are asked toadvise who will be in attendance to assist.

OBERON COUNCIL – OBERON YOUTH COUNCIL – 22 March 2017

Minutes of the Oberon Youth Council held on 22 March 2017

d. 2017 Meeting DatesMeeting times and dates were discussed, the Youth Councillors preferred that nochanges were made to the time or days the meetings are held each month. Therefore,meetings will continue to be held from 5:30pm on the 4th Wednesday of each month.

e. Youth Council DelegationsFollowing Ken Barwick’s presentation at the last meeting, Youth Councillors need todecide which positions they would like to be delegated to to ensure the smooth running ofthe OYC.

Lynette asked the members to think about what they would like to do and that the nextmeeting will be focused on selecting delegations. The three areas for consideration are:- Event coordination;- Fundraising activities and- Media (flyers, promotions of activities/fundraising events, etc,)The idea is to split the OYC members into these three teams, to create a more efficient,proactive and motivated Youth Council.

3. GENERAL BUSINESS

The OYC Facebook page is now a public siteto enable the whole Oberon community to keep up todate with the OYC and any events or fundraising. As the Media Office, Lisa will coordinate apromotion of each Youth member. She will be collecting be collecting information from each of themembers for this project. The information will be placed on the OYC Facebook, CommunityNewsletter and Oberon Review.

At the next meeting, the agenda will focus on three topics:- Delegation of teams (that is Events, Fundraising, and Media)- An event for second half of 2017- Who the OYC would like to sponsor for fundraising for 2017 (there will be a couple of options

presented to the group at the April meeting.

4. NEXT MEETING DATE AND MEETING CLOSE

The next meeting will be held on 26 April 2017 at 5:30pm in the Council chambers.

The meeting closed at 6:40pm


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12.03 THE COMMON WORKING PARTY

File: Governance/Meetings/The Common Working Party Author: Gary Wallace, Deputy General Manager

Summary Minutes of The Common Working Party meeting held on 14 March 2017 are submitted for Council’s information and consideration.

Recommendation: That Council received report 12.03 for information.

Comment Minutes of The Common Working Party Meetings held on 14 March 2017 FOLLOW. Discussion was held in relation to the following matters:

Acquittal of funds expended on the Common during 2016/17 Common project

Suitable construction for the carpark newly developed area in The Common

Suitable location for an Amphitheatre and Skate Park

Maintenance and risk assessment of existing areas within The Common including gardens, the water spout, footpaths, infrastructure and all of the water ways

Membership of The Common Working Party

Inclusion of The Common in the Operational Plan and Delivery Program and allocation of funding for future identified projects

Potential for new projects such as an exotic arboretum

Conversation was additionally held relating to the Plan of the Oberon Common continue to be developed along with terms of reference for public consultation as part of the Delivery Plan in the Community Strategic Plan 2017.

Meeting concluded at 5.35pm.

Notes:

OBERON COUNCIL – THE COMMON WORKING PARTY

Page 1 of 2

Minutes of The Common Working Party meeting held on 14 March 2017

The Common Working Party meeting was held on 14 March 2017 in the Council’s Committee Room, 137-139 Oberon St, Oberon. The Meeting commenced at 4.45pm. ATTENDANCE

Clr Jill Evans Councillor

Clive McCarthy Councillor

Kathy Sajowitz Councillor (Mayor)

John Morgan Councillor

Gary Wallace Deputy General Manager

Chris Schumacher Works and Engineering Director

Lynette Safranek Acting General Manager

Sarah-Jane Holland Customer Service Trainee

1. APOLOGIES – Nil

2. MINUTES OF THE PREVIOUS MEETING HELD ON 26 JULY 2016

3. BUSINESS ARISING FROM PREVIOUS MEETING - Nil

4. REPORTS

The Deputy General Manager Gary Wallace opened the meeting by notifying committee members the funding of $100,000 has been spent on making upgrades to the Common such as the new carpark, access to the carpark and the new sheltered BBQ areas. It was also discussed that Councillor Clive McCarthy will finalise costing for some bricks for the John McMahon memorial. It was quoted that each block will cost $8.00 but Council will have to see how much of the allocated funds are left. Acting General Manager Lynette Safranek to confirm amount spent so far. Councillor John Morgan stated that he has seen the newly constructed carpark and that its has been rolled but he would like to know if will it be sealed. The Works and Engineering Director replied that the decision was to leave it unsealed. Deputy General Manager Gary Wallace suggested that the Carpark was completed at a high enough standard to cap the existing NOA but if the committee would like to seal the carpark he would be happy to investigate. The Committee was notified by the Works and Engineering Director Chris Schumacher that a local resident is willing to donate 6-8 trees to be planted at the Oberon Common. It was noted by all members of the committee and that they would like to proceed with this. The Works and Engineering Director will contact the local resident to confirm and find out what type of species the trees will be. The Works and Engineering Director Chris Schumacher suggested that he might contact a tree specialist at Mayfield garden so that he can establish a climate friendly list of tree species that Council will be able to use at the Oberon Common. This was discussed further and it was agreed that the committee would like to seek a partnership with a tree specialist

OBERON COUNCIL – THE COMMON WORKING PARTY

Page 2 of 2

Minutes of The Common Working Party meeting held on 14 March 2017

at Mayfield Gardens, to compile a list of suitable trees for the Common and possibly the main street as part of the Town Beatification program. Councillor Jill Evans requested that Council needs to clear the water ways at the Common as they are now very cloudy and not as clean as they used to be. It was also discussed that the pump needs to be fixed and operational so that it will be able to aerate at the water and keep the waterways clean. It was suggested that the committee might want to make this stage 2 of the plan for the Oberon Common. It was discussed at this point if the committee would prefer to have an extra metre of cement added to the new BBQ areas. This will be able to minimise the excess water entering the BBQ shelter Councillor Ian Doney made a suggestion for the lower section of the Oberon Common. He would like to see an exotic arboretum full of autumnal colours for a brilliant, dense cold climate show and a wavy green sea in summer. It would be a lovely view from higher in the common and from various picnic locations. Also complementary blaze of colour as you enter from the Edith Road. This was noted by all members of the committee and taken on notice. Councillor Clive McCarthy asked a question in relation to which part of the Common will the Youth Council Skate Park be located and stated that we need to earmark an area for this skate park as the Youth Council Members have worked tirelessly for this project to be completed. Mayor Kathy Sajowitz replied that there is an allocated spot for this project on the Dudley Street and Edith Road end of the Oberon Common. Councillor Clive McCarthy also added that he would like to see a metal silhouette of Councillor John McMahon added to the memorial garden. This was taken on notice by the Acting General Manager and Deputy General Manager. It was discussed that the Common will have to have a risk assessment so that any potential hazard issues are addressed. Deputy General Manager Gary Wallace added that this may alter what projects will need to be completed first. This risk assessment will need to be undertaken by an independent assessor once Council’s new Work Health and Safety officer begins employment with Council. It was noted that this risk assessment will also be undertaken for the various footpaths in Oberon. All members of the Committee agreed that they would now like to proceed with placing Plans and Terms of Reference for the Common on Public Exhibition as part of the Community Strategic Plan for 2017. Recommendation – That a plan of the Oberon Common be developed along with terms of reference for public consultation as part of the Delivery Plan in the Community Strategic Plan 2017. The meeting closed at 5.35pm.


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13. REPORTS FOR DECISION

13.01 DEVELOPMENT APPLICATION 10.2016.71.1 RESIDENTIAL SUBDIVISION COMPRISING MULTIPLE TORRENS TITLE ALLOTMENTS

File No: PO7-10

Author: Brendan O’Loan, Consultant Town Planner

Summary An application for a residential subdivision development comprising creation of 31 residential allotments on land described as Lot 11 in DP 1143553, known as 10A Blenheim Avenue, Oberon. 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.”

During the notification period a total of three (3) submissions were received from surrounding land owners.

Recommendation: That:

1. Council approve Development Application 10.2016.71.1 for Residential Subdivision Comprising Multiple Torrens Title Allotments of Lot 11 in DP 1143553, being known as 10A Blenheim Avenue, Oberon in accordance with Section 79C of the Environmental Planning and Assessment Act 1979 and conditions contained within this report.

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

Comment: The following details are relevant to this report ATTACHED.

Document Author Date/reference

SoEE Report ADTP 15 June 2016

Proposed Subdivision of Lot 11 DP1143553

ADTP 16 February 2017

Conceptual Stormwater Management Plan

Calare Civil January 2017

Preliminary Contamination Investigation

Envirowest Consulting

14 February 2017


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1. EXISTING CONSENTS THAT RELATE TO THE LAND:

Lot 10 and Lot 11 DP 1143553 were created by Development Application 165/02 which approved a two (2) lot subdivision, with the subdivision now finalised. A Section 88B instrument exists on the property title, with a restriction, that no burdened lot shall have access, either vehicular or pedestrian, from the Albion Street road frontage of the burdened lot. Lots 10 and 11 are the burdened lots of DP1143553. Development Application 10.2013.42.1 was the subdivision of Lot 10 DP 1143553 into six (6) torrens title allotments, with a 3.0 metre wide inter-allotment stormwater drainage easement created from the south east corner of proposed lot 1, eastwards through L11 DP1143553 to Albion Street (see figure 1). Subdivision Certificate 15.2013.42.1 was issued on 2 June 2015.

Figure One: DP1143553 which shows drainage easement to Albion Street

2. SITE DESCRIPTION

The proposed development site is set on an area of 3.628 hectares and located to the north-east of Oberon between Blenheim Avenue and Albion Street (see figure 2). Albion Street forms part of the western bypass road system, and in order to minimise land use conflicts and avoid undue interference with the living amenity of residents a minimum buffer of 50 metres from Albion Street has been prescribed in Part C of the Oberon Development Control Plan 2001. The site appears to have a history of agriculture, predominantly grazing. There is no vegetation on the site. The land was rezoned from Village Zone to R1 General Residential at the Gazettal of the Oberon Local Environmental Plan, 2013 (OLEP2013). The land to the west and south of the subject site is also R1 zone and is predominantly residential lots greater than 1000m2 in size. Adjacent to the north west of the site are the six lots which were approved under 10.2013.42.1. They front Blenheim Avenue and are approximately 1173m2 in size. There is no development on these six lots.


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The site has a steady gradient which falls away to the lowest points of the site which are adjacent to Albion Street to the east. An underground pipe runs along the inter-allotment easement and discharges water to the lowest points of the site. Pipes then take this water and discharge it to the eastern side of Albion Street. The drainage constraints are discussed in further detail later in the report. The development site is adjoined by land use zones RU1 Primary Production to the north and north-east, and R5 Large Lot Residential to the east and south-east, as can be seen in figure 3.

Figure Two: Locality Plan

Figure Three: Adjoining zones


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3. PROPOSED DEVELOPMENT

The Development Application was submitted to Council on the 19 September, 2016. The original proposal was for thirty-three allotments. Additional information was requested by Oberon Council dated 15 November 2016. A response to this additional information was provided by the applicant on 2 March 2017. The additional information provided by the applicant modified the application to the creation of thirty one (31) torrens title allotments (version 2), which includes one allotment for an on-site detention basin. Part of the land is also allocated as a drainage reserve. An internal road into the site is proposed off Blenheim Ave which runs east towards Albion Street and ends with a court bowl. A second internal road intersects with the first internal road and heads north also having a court bowl at the end. The thirty two lots are designed around this road network. The on-site detention basin and drainage reserve are located at the low points on the eastern boundary.

Allotment to be created Purpose

30 standard allotments Residential

1 allotment for on-site detention basin Drainage

TOTAL ALLOTMENTS = 31

The proposed subdivision has a variety of lot sizes: 19 lots between 800m2 to 899m2

4 lots between 900m2 to 999m2

3 Lots between 1,000m2 to 1,099m2

1 lot at 1,180m2

1 lot at 1,204m2 1 lot at 1,220m2

1 lot at 1,910m2

1 lot at 1,490m2 (detention basin)

Figure Four: Proposed plan of subdivision (version 2)


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Reticulated services, sewer and water The proposed development shows connection to mains water and reticulated sewer via gravity fed and rising mains. Stormwater A preliminary stormwater management plan has been submitted as part of the additional information showing that the proposed plan of subdivision can adequately drain water from the site at its pre-development rate. The majority of the lots and road network will connect to the existing inter-allotment easement or the on-site detention basin at proposed lot 13. This is part of catchment 1. Catchment 2 includes proposed lots 19-23 and they will connect to the drainage reserve at the south-eastern corner of the subject site. The detention basin and the drainage reserve will hold water and then release it to the road reserve where it will be conveyed through the culverts to the eastern side of Albion Road. A Stormwater Management Plan and Hydrological Design of Works associated with the subdivision will be required to be submitted prior to the issue of a construction certificate. Street Tree Plantings The proposed development does not incorporate street tree planting. A condition of consent will be imposed regarding the submission of a street tree management plan in this regard and ensure that street planting will occur along Blenheim Street and the internal roads. Open Space The proposed development does not incorporate any opportunities for public open space. Considering the slope of the land and the sites position on the edge of the residential zoning it is considered to be more appropriate to take a payment of Section 94 Contributions which could be used to improve existing open space areas in the vicinity of the development. Access The proposed development will result in the creation of two (2) new internal roads with court bowls with proposed road 1 running west to east and proposed road 2 running north to south. The internal road widths were proposed initially at 18 metre road reserves for both roads which have been increased to 20 metres to be consistent with the Oberon DCP. Kerb and guttering will be provided as part of the drainage plan. There are no footpaths on Blenheim Street so the proposed development is not required to include footpaths. Further specific engineering details will be required to be submitted by the applicant to ensure compliance with Councils engineering design guidelines prior to the issue of a Construction Certificate. 4. 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. 4.1 The Provisions of any Environmental Planning Instrument The Environmental Planning Instruments that relate to the proposed development are: 1. State Environmental Planning Policy No 55 - Remediation of Land;

2. State Environmental Planning Policy No 44 – Koala Habitat Protection;

3. Oberon Local Environmental Plan 2013 (OLEP2013).


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4.2 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.

A preliminary contamination investigation was prepared for the site in January 2017 by Envirowest Consulting. The investigation states that the site has an agricultural land-use history for grazing stock on improved pastures. General refuse was identified surrounding the shed/dwelling and demountable. Forty six discrete samples were collected. There was one elevated sample of total recoverable hydrocarbons (TRH) which is expected to have minimal impacts on ecology of the site. The levels of all other analytes evaluated in the soil were not detected or below the adopted threshold for residential land use with access to soil. The recommendation by Envirowest Consulting is that the general refuse is to be removed otherwise the site is suitable for residential land-use. The preliminary findings are considered suitable and it does not warrant a more detailed investigation of the site. 4.3 State Environmental Planning Policy No 44 – Koala Habitat Protection The proposed development is sited within an area of cleared grazing land. There are no tree’s located on the land. After a site inspection and in accordance with Clause 7 it is considered that there was no evidence to suggest that the land has potential koala habitat. 4.4 Oberon Local Environmental Plan 2013 (OLEP2013) Land Use Table R1 General Residential (1) Objectives of zone

To provide for the housing needs of the community.

To provide for a variety of housing types and densities.

To enable other land uses that provide facilities or services to meet the day to day needs of

residents.


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

(a) to ensure subdivision of land occurs in a manner that promotes suitable land uses and

development,

(b) to ensure subdivision occurs in a staged manner that minimises the cost to the

community from the provision of public infrastructure and services,

(c) to ensure rural lands are not fragmented in a manner that threatens their future use for

agriculture or primary production,

(d) to ensure subdivision is not likely to result in inappropriate impacts on the natural

environment, including native vegetation, natural watercourses and habitats for

threatened species and populations and endangered ecological communities.

(2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires

development consent and that is carried out after the commencement of this Plan.

(3) The size of any lot resulting from a subdivision of land to which this clause applies is not to

be less than the minimum size shown on the Lot Size Map in relation to that land.

(4) This clause does not apply in relation to the subdivision of individual lots in a strata plan or

community title scheme.

(4A) Despite subclause (3), land identified as “Area A” on the Lot Size Map may be subdivided to create lots of not less than 4,000 square metres if the consent authority is satisfied that each lot is, or will be, serviced by a sewage reticulation system and a water reticulation system.

The lot size map prescribes a minimum lot size of 800m2. All of the proposed lots are at or greater than 800m2 therefore the proposal complies with the minimum subdivision lot size. Clause 6.1 Earthworks (1) The objective of this clause is to ensure that earthworks for which development consent is

required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

(2) Development consent is required for earthworks unless: (a) the earthworks are exempt development under this Plan or another applicable

environmental planning instrument, or (b) the earthworks are ancillary to development that is permitted without consent under this

Plan or to development for which development consent has been given.

http://www.legislation.nsw.gov.au/fragview/inforce/epi+713+2013+pt.4-cl.4.1+0+N?tocnav=y




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(3) Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters: (a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability

in the locality of the development, (b) the effect of the development on the likely future use or redevelopment of the land, (c) the quality of the fill or the soil to be excavated, or both, (d) the effect of the development on the existing and likely amenity of adjoining properties, (e) the source of any fill material and the destination of any excavated material, (f) the likelihood of disturbing relics, (g) the proximity to, and potential for adverse impacts on, any waterway, drinking water

catchment or environmentally sensitive area, (h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the

development. An earthworks plan including roads and retaining walls will be required as part of the construction certificate. 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. Gas is also available to the site. Stormwater drainage and an on-site detention basin will be provided. Detailed design of these services will be required as part of the construction certificate. Consent of the subdivision will be provided once all services have been implemented. 4.5 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. 4.6 Policy Implications (Other than DCP’s)

Nil 4.7 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


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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. Further, Section 64 contributions for water headworks will also be applicable given the proposal to connect to a reticulated water supply and reticulated sewer network. Condition of Development Consent will be imposed that Section 94 contribution (Environmental Planning and Assessment Act 1979) and Section 64 contributions (Local Government Act) must be paid prior to the issue of a Construction Certificate. Development Application fees totalling $2,745.00 have been paid by the applicant. 4.8 Planning for Bushfire Protection 2006

The lot is not identified as being located on bushfire prone land. 4.9 Oberon Development Control Plan

Councils Development Control Plan 2001 applies to the proposed development. The applicable parts of the DCP are Part B Subdivision. 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.

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 31 allotments. To require a site specific DCP for this subdivision when any future development is already covered by Part C- Residential Development of 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)

Landform

Aspect and Views

Geology and Soils

Drainage

Surface Water

Vegetation

Orientation

Hydrology


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Weeds Management

Waste Water Disposal

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 application has adequately designed the subdivision with consideration to the elements listed. It has also demonstrated that the subdivision connects well with the existing road network, and as the location is on the edge of the Oberon urban area, it has convenient access to community and recreational facilities. 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 layouts are either north-south or east-west axis. High levels of solar access and thermal comfort can be achieved with the proposed layout design and the lot sizes being greater than 800m2. B.7.6 Drainage The natural drainage patterns of the site have been a basic element in the subdivision layout and road design. The preliminary stormwater management plan shows how the subdivision can be adequately drained which has determined the location of the detention basin and drainage reserve. B7.7 Landscaping The DCP describes that as a guide, screen planting may be required adjacent to arterial roads. The applicant may be required to carry out and maintain planting until it is established to Council’s standards. The site adjoins Albion Street to the east. A condition of development consent is imposed to provide street tree planting along the Albion street frontage primarily to reduce noise from vehicles using this road. Additionally landscaping will be needed to Blenheim Ave and the internal roadways proposed. B.7.8 Street Signs The applicant is required to supply and erect street signs to Council’s standards. B.7.9 Street Names Any street name nominated is required to be approved by Council resolution.


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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. This subdivision is on the very edge of the residential zoning of the town and does not link areas of public open space. As the lots are all 800m2 in size or greater, and the nearest public park is less than 700m away from the entrance of the subdivision, it is not proposed to provide for pubic open space and instead a monetary contribution will be sought. B.8.4 Lot Size Lot sizes are not less than 800m2 and comply with the Oberon Local Environmental Plan 2013 (OLEP2013). B.8.5 Shape of Lot All of the proposed lots have adequate space for a 12m x 16m building envelope with adequate setbacks and private open space. B8.6 Stormwater Drainage A stormwater management plan and hydrological design will be required as a condition to this consent which shows the kerb and channel, the underground piping and the on site detention basin has sufficient capacity for maximum flows. The design must be consistent with the preliminary stormwater design. B.9 Village Subdivsion B.9.2 Village Zones The preferred minimum area of lots within zones 2(V) village shall be:

- In the case of Oberon sewer serviced areas, 600 square metres.

The Oberon LEP 2013 prescribes a minimum lot size of 800m2 which takes priority over the DCP. B.9.3 Waste Water Disposal Each allotment created in the Oberon Village Zone shall be connected to Councils sewerage reticulation system. B9.4 Drainage Easement Development Application 10.2013.42.1 created six (6) torrens title allotments, with a 3.0 metre wide interallotment stormwater drainage easement running from lot 1 eastwards across the subject site to Albion Street. The proposed subdivision application will utilise this easement to assist in the drainage of a large proportion of the proposed 31 lots. B.9.5 Road Construction Construction and drainage of roads is required for all subdivisions. The roads must be bitumen sealed, provided with kerb and gutter and with a 10 metre pavement width. The design of such works shall comply with the standards of Council. Conditions of the development consent will be imposed in relation to road construction. B.10 Lot Characteristics


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B.10.2 Size of Lots Lot sizes are at or greater than 800m2. The DCP prescribes minimum lot frontages of 6 metres for an access handle for hatchet shaped lots. The proposed subdivision plan shows lots 9, 14, 19 and the drainage reserve as being hatchet blocks which have access handle widths of 6 metres wide. B.10.4 Shape of Lots – Building Envelope Each lot is capable of containing a rectangular building envelope with minimum dimensions of 12 metres on the north south axis by 16 metres on the east west axis, within which the main residential building shall be contained. B.10.5 Battleaxe Lots A total of four (4) battle-axe lots are proposed, being Lot 9, 14, 19 and the drainage reserve. The access handle widths are a minimum of 6 metres wide. B.11 Roads B.11.2 Road widths The DCP states that a public road serving 6 or more lots requires a reserve width of 20 metres and a bitumen seal width of 8 metres. The proposed subdivision plan achieves these requirements. B11.3 Footpath, Nature Strip, Kerb And Gutter Council wishes to encourage footpath and nature strip treatment that reflects the particular road function and provides a safe and pleasant people orientated environment for pedestrians and cyclists. The proposed development is not required to have any footpaths, primarily because Blenheim Street (which the proposed development connects with) and Tarana Crescent do not have any footpaths. B.11.4 Access in Village Zone Individual vehicle access is required to each lot, created by the subdivision, by means of full lay back kerb, or as proposed in the approved specification. These details will be required as part of the construction certificate. B.11.5 Turning Area The DCP prescribes a turning area with a minimum radius of not less than 9.0 metres. The plans show both court bowls complying with this provision.

B.11.9 Roadworks Council will require that the road surfaces will be sealed. Where development results in increased traffic flows along existing roads, Council may require the developer to upgrade that road to a standard appropriate to the traffic generation potential of the development. Blenheim Road and Tarana Crescent are sealed with kerb and channel and sufficient to handle the increased capacity. It will therefore not require upgrading as a result of this subdivision.

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. The Section 64 contributions of the Local Government Act 1993 will be used for upgrades to the existing sewer system.


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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 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. B.12.6 Sewer A contribution shall be required towards the upgrading of treatment works. B.12.7 Water An amplification contribution is required for the provision of water to each lot and will be levied on the basis of Section 64 contributions of the Local Government Act 1993. DCP PART C Residential Development This section is not relevant to subdivision and will only be used when developments applications are submitted for this land once the subdivision has been certified. Of particular interest is C.5.4 Buffer Zones which will apply to new developments which are within 50 metres of Albion Street. C.5.4 Buffer Zones In order to minimise land use conflicts and avoid undue interference with the living amenity of residents, residential development shall be located so as to ensure the following minimum buffer areas around intensive agriculture establishments, the Oberon industrial area, quarries, sewage treatment plants and other existing land uses with a nuisance potential. The DCP requires a buffer zone along Albion Street of 50 metres; however, Council may approve single dwellings on existing vacant lots within the specified setbacks subject to necessary design criteria being satisfied in respect of noise, odour or other issues identified relative to the existing environment of the locality. 11 of the 30 residential allotments will be within the 50 metre buffer area from Albion Street. A condition of this consent will be to include a restriction on the subdivision in accordance with Section 88B of the Conveyancing Act 1919. This is to ensure any houses which are built require noise attenuation measures to reduce the noise impacts from Albion Street. A S88B is the most appropriate tool to use because the construction of a house on these future lots may be complying development under the General House Code and therefore would not need to consider Part C of the Oberon DCP. Prior to a restriction being included within the Section 88B, a report outlining noise attenuation measures for the subject site will include:

- A program detailing appropriate noise attenuation measures to reduce traffic noise to

potentially affected properties has been prepared and will achieve or surpass the

environmental goal;

- The program has been prepared by a person who in the opinion of the Council is a

qualified noise consultant and that person has formulated the program based in current

acoustic assessment

- The program is in accordance with the requirements of the Environmental Criteria for

Road Traffic Noise (EPA 1999)


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- Any proposed noise attenuation measures will not have a significant impact on view

corridors and will be of a kind that are sympathetic to the surrounding landscape.

5 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 thirty one (31) torrens title allotments with a lot size range of 800m2 – 1910m2. The development site is located adjacent to an established residential area to the west and south and although the lot sizes are 20% smaller are generally representative of existing allotments in the vicinity of the development and reflective of the context and setting. The design of the subdivision will not result in any unreasonable impacts on privacy, internal noise generation or view loss. Traffic generation and impact on road network The development will generate an increase in traffic volumes associated to an increase in residential dwellings. The internal road design and the standard of Blenheim Street are satisfactory for the increase in capacity. Flooding No formal flood study has been provided or undertaken by either Council or the applicant. Council staff consider that with the use of stormwater drainage infrastructure and easements, the proposed subdivision is acceptable in terms of providing flood free building envelopes. Contamination The site has a history of agriculture, predominantly grazing. A Preliminary Contamination Investigation prepared by Envirowest Consulting has recommended that the general refuse surrounding the shed poses an amenity hazard and required removal as part of the site development works. The site is suitable for residential land-use. Consultation Formal input from various State Government agencies was not required in the assessment of this application. Conditions of consent for a stormwater management plan and hydrological design of works will be requested of the applicant. 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. Stormwater The applicant has provided a preliminary stormwater management plan to manage and dispose of stormwater runoff from the site and which will mitigate and prevents unnecessary impacts on the proposed lots and neighbouring properties. Development consent shall include a condition that a stormwater management plan and hydrological design of works is provided prior to the issue of a construction certificate.


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Utilities There are no issues with utility supply to the development. The subject site is located within an urban environment with access to standard infrastructure services. Some upgrades to infrastructure may be required as a result of the development which will be undertaken at the expense of the developer in liaison with Council and utility providers. Heritage The proposed development is not expected to impact on items of heritage. The subject site is in an urban environment with no known heritage values. Other land resources The proposed development will not result in unreasonable impacts on other land resources. Water The development will be serviced by Council’s reticulated water supply. Soils There are no expected issues with soils on the site. Earthworks will be subject to standard sediment and erosion control requirements and an earthworks plan will be required as part of the construction certificate. 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. As such there are negligible impacts on flora and fauna. Waste Wastewater (sewage) will be disposed of via Council’s reticulated sewage system, but will require a rising main and sewer pump station. During the construction of the subdivision, works will be subject to Council’s standard waste management requirements for subdivision sites. The proposed residential dwellings will be serviced by Council’s regular waste collection services following construction and occupation. Energy The proposed development will not result in extraordinary energy demands. The subdivision has been designed with solar access in mind and all allotments are large enough so any dwelling design can have good solar orientation and thermal comfort. Noise and vibration The development will not result in unreasonable increases in internal noise and vibration. Impacts during subdivision construction will be regulated by Council’s standard condition of consent requirements including the standard hours or operation. Natural hazards There are no natural hazards expected to impact on the proposed development nor is the development expected to increase the risk of natural hazards in the locality. Technological hazards There are no technological hazards expected to impact on the proposed development nor is the development expected to increase the risk of technological hazards in the locality.


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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 thirty one (31) residential torrens title allotments. Nuisance traffic noise associated with Albion Street will be mitigated by actions arising from the noise impact assessment completed as a condition to this consent. In general, the proposed development is considered appropriate for the site and will provide increased housing opportunities for the Oberon community. Economic impact in the locality In general, a net economic benefit to the community can be expected. Site design The design of the subdivision includes connection to services, street tree plantings, the kerb and guttering of the internal roads and the on-site detention basin which is in response to the features of the subject site. The allotments are oriented on a north-south and east-west axis to ensure that future dwellings can facilitate passive solar design. The design and configuration of the subdivision will result in a development that presents well to the public realm, contributes to the streetscape and is sympathetic to the character of the surrounding built environment. 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. 6 ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR REGULATIONS: 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 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

The sub-division will impact on our uninterrupted rural outlook

The subdivision is occurring on residential zoned land. An objection to the impact on the view should come when each development application is submitted (if it is not complying development). The subject site has been zoned R1 General Residential foreshadowing its development for urban residential purposes. The development proposal is generally consistent with the land use planning and development control provisions applicable to the site and is considered to be a reasonable land use outcome for the site.

Our privacy will be impacted and overlooked. It is speculation to say that the future dwellings will impact on the privacy of existing dwellings. Each application will need to be assessed on its merits.


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800m2 blocks are not in keeping with the

character of the area. This will detract on the exclusivity of Blenheim Street.

The proposed development complies with the Oberon LEP 2013 minimum of 800m

2 lots in

the General Residential Zone. The opportunity to object to this minimum lot size will need to occur at the next Oberon LEP review.

The subdivision will cause traffic congestion, road noise, and wear and tear on the residents.

Blenheim Avenue is a two lane, sealed road with kerb and channel and can comfortably cater for more traffic.

Construction of roads and houses will interrupt our peace.

This is not a staged subdivision therefore the construction of the roads and necessary infrastructure will be within a reasonable amount of time. Construction of housing may be intermittent depending on demand.

A six foot colourbond fence should be erected for the full length of the southern boundary.

The provision of boundary fencing to a suitable urban standard along the boundary of 12 Blenheim Ave can be imposed as a condition of development consent. A timber paling or colorbond fence painted in earth tones is preferred.

Provide an easement through proposed lot 29 for the provision of sewer for 12 Blenheim Street.

This can be included as a condition to the consent.

Should retaining walls be required they should be at the full cost of the developer.

An earthworks plan will be required as part of the construction certificate. All works in relation to this subdivision are at the developers expense.

Existing runoff upstream must not be impeded.

Existing runoff from adjoining blocks will need to be facilitated in any stormwater management plan for the site.

Pedestrian pathways to Albion Street are detrimental to safety, security and crime prevention.

The pathways have been removed from the proposed plan of subdivision.

Concerned with the probable loss of water pressure.

It would be unusual for the addition of 31 houses to necessitate the need for augmentation of water main pipes.

Little detail about stormwater management. A preliminary stormwater management plan has been submitted and a detailed stormwater management plan will be imposed as a condition to consent and required as part of the construction certificate.

A recreational park should be expected. This subdivision is on the edge of the urban area and is not linking any areas of public open space. A small pocket park is not considered appropriate in the context of this locality where sufficient open space and public facilities exist within reasonable proximity. The development will provide a substantial contribution towards the improvement of these facilities through developer contributions.

Will Council enforce a design covenant like in Blenheim Ave.

Council will not be enforcing any design covenants as an extra layer of regulation. A restriction on the subdivision in accordance with Section 88B of the Conveyancing Act 1919 will ensure any houses which are built require noise attenuation measures to reduce the noise impacts from Albion Street.

The majority of these issues have been specifically addressed in the body of this report.


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The applicant was advised in writing (dated 17/11/16) that it had received submissions objecting to the proposal and was supplied with a comprehensive summary of the submissions for their information. 7 THE PUBLIC INTEREST:

s79C(1)(e) the public interest The development has been assessed having regard to public interest paricularly in relation to managing the economic, social and environmental impacts. 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. Does the proposal fit in the locality? The subject site is within the R1 General Residential zone and is considered suitable for appropriately designed residential subdivision development. Post subdivision, dwelling houses will be constructed on each respective lot. Are the site attributes conducive to development? In general, the site is considered suitable for appropriately designed subdivision development. As noted the future use will be dwelling houses which could be approved through complying development. 8 DEVELOPMENT CONTRIBUTIONS

The development will be subject to contributions levied under the section 94 of the Environmental Planning and Assessment Act 1979 and the Oberon Development Contributions and Water Management Works Plan (Amendment) 2004. The following contribution amounts will be required if paid within the 2016/17 financial year. Sewer Supply Headworks per ET $1,818.00 Water Supply Headworks per ET $1,427.00 Public open space per Lot $250.00 Community facilities per Lot $250.00 Emergency facilities per Lot $299.00 Stormwater Drainage per ET $823.00 Urban Roads per Lot $3,199.00 Total $8,066.00 9 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. 10 DISCUSSION AND CONCLUSIONS The application for a 31 lot subdivision is suitable for the R1 General Residential Zone and is consistent with the aims and objectives of that zone.


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Some outstanding issues have been identified as outlined in this report. These 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. 11 RECOMMENDED CONDITIONS OF CONSENT

The application is recommended for approval subject to the following conditions: GENERAL CONDITIONS: Approved Plans 1. The development is to be carried out in accordance with the approved stamped plans

prepared by:


Statement of Environmental Effects

ADTP 15 June 2016

Proposed subdivision of lot

ADTP 16 February 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. Separate Development Application Required 2. Prior to the commencement of the use of the land for each proposed lot, 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: Construction Certificate 3. The applicant is to obtain a Construction Certificate pursuant to Section 109C of the

Environmental Planning and Assessment Act 1979, as 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.


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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. Hydrological Design Report 4. The applicant shall provide engineering plans detailing a ‘Stormwater management plan’ and a

‘Hydrological design of works’ associated with the subdivision prior to the issue of a Construction

Certificate to the satisfaction of Councils Works and Engineering Director. The plans shall be in

accordance with the Conceptual Stormwater Management Plan prepared by Calare Civil including ,

but not be limited to:

The means of stormwater disposal from the subdivision.

Inter-allotment drainage.

Impacts from lands ‘upstream’ of the subdivision whose overland flow is conveyed into the subdivision. This overland flow is to be facilitated into the stormwater design and not impeded.

Impacts on nearby lands and properties ‘downstream’ of the subdivision.

Details of on or off site detention.

Details of culverts associated with driveway crossings and their ongoing maintenance.

Details of waterway calculations adjoining existing stormwater infrastructure.

The discharge points will require installation of soil and sedimentation controls, extended rock flumes to dissipate the energy of water flows.

The design of stormwater drains under roads, including provisions for proposed construction, maintenance and protection from erosion.

Details of proposed easements to protect and maintain stormwater drainage.

Drainage is to be designed such that it follows the natural drainage paths without adversely affecting the adjacent properties.

Approval for these works are required as pat of a Construction Certificate prior to works commencing on site.

Reason: To ensure adequate disposal and management of stormwater associated to the development. Trunk Main 5. The applicant is to provide to Council, prior to the issuing of a construction certificate, a Section

68 application demonstrating the sizes and location of services within the subdivision. 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. Developer Contributions 6. 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 30 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.


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Arrangements for services (electricity, telephone, street lighting and natural gas) 7. Satisfactory arrangements are to be made with the appropriate electricity (including street

lighting), telecommunication 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.

Reason – To comply with relevant statutory requirements Construction Management Plan 8. Prior to the issue of a Construction Certificate, submit to the Accredited Certifier a Construction

Management Plan that clearly sets out the following:

a) What actions and works that are proposed to ensure safe access to and from the site, and

what protection will be provided to the road and footpath area from building activities,

crossings by heavy equipment, plant and materials delivery, or static loads from cranes,

concrete pumps and the like.

b) The proposed method of loading and unloading excavation machines, building materials,

formwork, and the erection of any part of the structure within the site.

c) The proposed areas within the site to be used for a builder's site office and

amenities, the storage of excavated material, construction materials and waste

containers during the construction period.

d) How it is proposed to ensure that soil/excavated material is not transported on wheels or

tracks of vehicles or plant and deposited on surrounding roadways.

e) The proposed method of support to any excavation adjacent to adjoining properties,

or the road reserve - the proposed method of support is to be designed by a Chartered

Civil Engineer.

f) A Soil and Water Management Plan detailing all sedimentation controls.

Reason: Safety, amenity and protection of public infrastructure and the environment Geotechnical testing 9. Geotechnical NATA accredited testing shall be undertaken to determine soil classification and

suitable pavement design loading to cater for both light and heavy vehicles traffic. The design standard shall be to the satisfaction of the Director of Engineering or his appointed officer. Prior to the sealing, road base, compaction testing of the wheel paths shall be undertaken every 20 meters by a registered NATA accredited Laboratory. The results shall be submitted to Council Engineers for assessment, prior to any bitumen sealing being permitted. This will be undertaken at full cost to the applicant.

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. Engineering plans 10. Appropriate earthworks, engineering and civil plans will be required to be submitted to Councils

Works and Engineering Director prior to the issue of a Construction Certificate. Works as engineering plans are to be designed in accordance with the conditions of consent and in conjunction with Councils Development Control Plan 2001.

Further, the works are to comply with and be constructed in accordance with Oberon Council’s “Guidelines for Civil Engineering Design & Construction for Development’. In addition roads are to be designed for bus and truck friendly access and swept paths.


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Reason: Because it is in the public interest that the design of t 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. Access Construction 11. A complete road design for the proposed public road system is to be undertaken and lodged

with Council for approval prior to the issue of a Construction Certificate. A full geotechnical pavement design shall accompany the road layout and address all drainage, accesses and erosion and sedimentation control issues. The road design should show individual vehicle access to each lot with full layback kerb.

Reason – To comply with relevant statutory requirements Fencing 12. Boundary fencing of the entire southern boundary of the site is to be constructed of timber

paling or colorbond painted in earth tones at the full cost of the developer. Fencing should also be constructed around the perimeter of the on-site detention basin. 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 transition from a rural style fence to a residential style boundary fencing to avoid disputes between adjoining property owners and ensure privacy. Demolition 13. The demolition of any structure or building requires the issue of a construction certificate ,

unless the fencing meets the Exempt Development criteria of SEPP (Exempt and Complying) 2008.

Reason – To comply with relevant statutory requirements

Soil and Sedimentation Control Plan 14. 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. Long Service Levy 15. 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.


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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. Street Lighting Plan 16. A street lighting plan is to be provided to Council for approval by Councils Works and

Engineering Director prior to the issue of a Construction Certificate. The plan is to be approved by Council, prior to the commencement of works.

Reason: to ensure street lighting is appropriately provided for within the development. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. PRIOR TO THE COMMENCMENT OF WORKS: Notice of Commencement 17. 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. Weed Control 18. 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 Soil and sediment controls 19. Prior to and during the commencement of works the applicant shall erect soil 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. Landscape Plan 20. The applicant is to provide Council with a landscape plan for the proposed development

including the provision of street trees along Albion Street, Blenheim Avenue and the internal streets. Landscaping should also be provided in the on-site detention basin to improve its visual impact from Albion Street. The plan is to be approved by Council, prior to the commencement of works.

Reason: It is in the public interest to improve the visual amenity of the area by planting street trees. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.


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DURING CONSTRUCTION: Fill Material 21. 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. Internal road design 22. The local access road connecting to the estate shall be constructed in accordance with the

approved plans.

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. Legal Costs 23. All costs associated to the construction/gazettal of existing and proposed public road system

including the transfer of the road to Council ownership are to be borne by the applicant, including all legal, surveying and engineering works.

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. Earthen Batters 24. 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. Dust nuisance 25. 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. Engineering Inspections 26. The applicant is to arrange an inspection of the subdivision works by Council’s Engineering

Department at the following stages of the development. This condition applies notwithstanding any private certification of the engineering works.


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COLUMN 1 COLUMN 2

A Road construction *Following site regrading, and prior to installation of

footway services;

*Excavation and trimming of subgrade;

*After compaction of subbase;

*After compaction of base, and prior to sealing;

*Establishment of line and level for kerb and gutter

placement;

*Subsoil Drainage;

*Pavement test results (compaction, strength);

*Road pavement surfacing.

B Drainage *After laying of pipes and prior to backfill;

*Pits after rendering openings and installation of step

irons.

C Water *After laying of mains and prior to backfill;

*After laying of services and prior to backfill;

*Pressure testing.

D Sewerage *After laying of pipes and prior to backfill;

*Main - air pressure testing;

*Manhole - water test for infiltration, exfiltration.

E Erosion and sediment

control

*Prior to the installation of erosion measures.

F All subdivision works *Practical completion.

G Road openings *Upon completion of works.

Reason: Because it is in the public interest that Council inspect the work at these stages of development. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. Sewer Connection 27. The construction of sewer mains such that there is a separate and distinct sewer connection

wholly within the boundary of each proposed residential lot.


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NOTE 1: The developer is to construct a 150 mm sewer riser at each property junction; each riser is to be constructed so that riser cap finishes 150 mm above the finished surface level of each allotment created. Reason: Because that utility is required to serve the development. Section 79C(1)(c) and (e) of the Environmental Planning and Assessment Act 1979, as amended. Water connection 28. The construction of water mains such that there is a separate and distinct water main

connection wholly within the boundary of each proposed residential and open space lot, in accordance with Council’s Guidelines for Engineering Works.

Reason: Because that utility is required to serve the development. Section 79C(1)(c) and (e) of the Environmental Planning and Assessment Act 1979, as amended. Water Meter 29. Separate metered water is required to all residential lots, at the full cost to the applicant, and

designed and constructed to the satisfaction of the Works & Engineering Director. The applicant is to submit the water meter and its identification number that are assigned to individual allotments on a plan as part of the ‘Works As Executed drawings. This is to be submitted to Council prior to the release of the linen plan.

Reason:- to ensure these services are available to the site. Construction noise 30. 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: Subdivision Certificate 31. 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.

All services are to be provided underground. Details that all weather access to the basins through an easement type of arrangement in order to get machinery and maintenance equipment to them cleaning and routine maintenance.

Reason: To comply with the requirements of Section 109C of the Environmental Planning and Assessment Act. Road naming and Gazettal 32. Prior to including any proposed road names on the plan of subdivision the applicant shall

submit options to Council for consideration and approval in accordance with the guidelines for the naming of roads (Geographical Names Board of NSW).

Street Signage shall be provided at the full cost to the developer prior to the issue of a Subdivision Certificate.


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Reason: to ensure the public Roads are named and gazetted in accordance with the requirements of the Geographical Names Board of NSW. Completion of landscaping plan 33. Prior to the issuing of a subdivision certificate the landscaping plan as approved by Council

must be implemented to the satisfaction of Council. Reason: To ensure the works are completed in accordance with the approved plans. Construction of fence 34. Prior to the issuing of a subdivision certificate the southern boundary fence and the fence

around the on-site detention basin must be constructed as approved and all sheds removed from the property.

Reason: To ensure the works are completed in accordance with the approved plans. Advertising Strategy 35. 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. Section 94 dedication 36. The dedication of Lot 13 as drainage reserve to Council. Reason: Because, having considered the matter in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979 as amended, the Council is satisfied that the development will require the provision of, or increase the demand for, these public amenities or public services within the area. Section 80A(1)(h) of the Environmental Planning and Assessment Act 1979, as amended. Road Construction Bond 37. A maintenance bond of 10% of final construction cost’s, to be paid to Council upon final

inspection and approval of all civil works. The value of the maintenance bond shall be approved by Council after witnessing a certified copy of the contract documentation showing all civil construction costs.

The Maintenance period will start from the date of final inspection for a period of 6 months. At the conclusion of the 6-month period a final inspection is to be undertaken by Council at the request of the Developer to determine if any defects have arisen during this time. All deficiencies are to be rectified by the Developer. Should outstanding works remain Council reserves the right to expend bond monies on rectification works.

The bond must be lodged with Council before a Subdivision Certificate will be issued by Council. Reason: In order to cover cost of any works requiring repair. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.


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Works as executed 38. The applicant is to submit to Council one set of electronic files in both Portable Document

Format (.pdf) and in CAD Drawing (.dwg) (MGA co-ordinates, with each of the services on a separate layer e.g. separate out water, sewer, storm water to their own layers) and one set of paper copies of the works as executed plans for all engineering infrastructure works.

Each sheet is to include a bar scale or scales adjacent to the title block showing the scale (the works as executed plan is to be scaled at 1:500) and each sheet is to be properly signed and dated by the person responsible for the carrying out of those works. Further, the works are to comply with Council’s Guidelines for Engineering Works. Survey is required to confirm the entire road, including all earthworks and drainage is located within the road reserve.

Reason: So that Council may ensure that the construction is in accordance with Council's requirements, and so that a permanent record of the design as constructed may be held by Council, to assist in future maintenance, or for the information of the emergency services. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. Easement for sewer 39. The final plan of survey is to show an easement for sewer over all lots affected and in favour of

Council. For sewer mains of 300 mm or greater diameter, the easement is to be 5 metres wide with the main centrally located.

The final plan of survey should also show a sewer easement along the eastern boundary of lot 27 to facilitate the connection of 12 Blenheim Ave to the sewer main if necessary.

Reason: Because those works referred to (including access works) and which are sited, or are to be sited, on the subject land should be protected by an easement. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. Easement for water 40. The final plan of survey is to show an easement for water service 3 metre wide within all

affected lots and in favour of Council. The water meter is to be centrally located within the easement.

Reason: Because those works referred to (including access works) and which are sited, or are to be sited, on the subject land should be protected by an easement. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. Easement for stormwater 41. The final plan of survey is to show an easement for stormwater drainage within all affected lots

and in favour of Council and benefitting lots. This should include an access easement along proposed Lot 14 for vehicle access to the on-site detention basin.

NOTE 1: Details of the easements shall be approved by Councils Works and Engineering Director. Reason: Because those works referred to (including access works) and which are sited, or are to be sited, on the subject land should be protected by an easement. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. Noise attenuation 42. Prepare a noise attenuation report for the subject site. The report should include:


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a) A program detailing appropriate noise attenuation measures to reduce traffic noise from Albion Street to potentially affected properties and will achieve or surpass the environmental goal;

b) The program has been prepared by a person who in the opinion of the Council is a qualified noise consultant and that person has formulated the program based on current acoustic assessment;

c) The program is in accordance with the requirements of the Environmental Criteria for Road Traffic Noise (EPA 1999);

d) Any proposed noise attenuation measures will not have a significant impact on identified view corridors and will be of a kind that are sympathetic to the surrounding landscape.

Reason: To influence the proposed restrictions prior to the registration of the subdivision. Restriction to User 43. A Section 88B instrument must be prepared for all allotments within 50 metres of Albion Street

that incorporates measures outlined in the approved noise attenuation report to reduce the noise from Albion Street. The Council has the benefit of these covenants and sole authority to release, vary or modify this covenant.

Reason: To finalise the terms and approve the proposed restrictions prior to the registration of the subdivision. Services 44. The applicant shall consult with an Authorised Telecommunications, Electricity and Natural Gas

Authorities for the provision of underground telephone, electricity, and natural gas services to each allotment. Confirmation of connection to each allotment shall be lodged with Council prior to the issue of a Subdivision Certificate.

Appropriate easements as required must be created for power, telephone, gas. The easements shall be created to the appropriate size requirements of the individual authority, as directed. Reason: To ensure the development is appropriately serviced. 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.


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13.02 DEVELOPMENT APPLICTION 10.2017.1.1 – TWO LOT RESIDENTIAL SUBDIVISION

File No: PO1-19 Author: Jaclyn Burns, Health and Building Manager

Summary An application for a two lot residential subdivision on land described as Lot 6 in DP 758805, being known as 19 Albert Street Oberon. This application is referred to Council for determination as the application proposes an exception to the development standards. The application is currently under neighbour notification which is due to expire on the 24 April 2017.


1. Council approve Development Application 10.2017.1.1 for a proposed two lot subdivision at Lot 6 in DP 758805, being known as 19 Albert Street, Oberon in accordance with Section 79C of the Environmental Planning and Assessment Act 1979 and conditions contained within this report, should no objections from adjoining land owners be received.

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

Comment: The following ATTACHMENTS are relevant to this report:


SoEE Report Radovan Marjanac

3/01/2017

Additional Information Barnson 22/02/2017

Proposed plan of subdivision CAD consulting

24/11/2016

EXISTING CONSENTS THAT RELATE TO THE LAND There are no existing consents that relate to the land.


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Figure 1: L6 DP758805 located on the corner of Cook Street and Albert Street SITE DESCRIPTION The proposed development site is set on an area of 1,575m2 and located on the corner of Cook Street and Albert Street. The site slopes down from west to east towards Cook Street. On site is an existing elevated single storey brick house situated on the western side of the block and orientated towards Albert Street. Also on site is an outhouse, a corrugated steel and brick car port which is accessed from a crossover and driveway on Albert Street. The eastern side of the block is vacant. Albert Street and Cook Street are sealed roads with kerb and channel and underground drainage on Cook Street. Two existing crossovers adjoining the site are located on Cook Street. A single street tree exists in the Albert Street road reserve. The subject site is connected to town water and reticulated sewer, electricity and telecommunications. The existing dwelling appears to have a downpipe connected to pvc piping which runs west-east through the centre of proposed lot 61 and discharges to Cook Street. To the west of the site is Cantwell Lane and across the lane is a double storey dwelling on a residential sized allotment of 1,700m2. To the north is a double storey brick house facing Cook Street on a 935m2 lot. Both of the dwellings mentioned use Cantwell Lane for vehicle access to their property. To the east across Cook Street are two elevated dwellings on approximately 950m2 allotments. To the south across Albert Street is a single storey dwelling on an allotment of approximately 1,700m2. The immediate surrounds are predominantly single storey residential developments on allotments greater than 800m2. As shown in figure 2 below there are five lots within the immediate area that are less than 800m2. As seen in figure 3 the subject site is located within the R1 General Residential Zone with no other zones in the immediate vicinity.


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Figure 2: The majority of the lots in the immediate area are greater than 800m2 however the five lots marked are less than 800m2.

Figure 3: Subject site is within the R1 General Residential Zone

Subject site 19 Albert Street Oberon


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PROPOSED DEVELOPMENT The Development Application was submitted to Council on 3 January 2017. The proposed development is for the subdivision of one lot into two torrens title allotments. Proposed lot 60 has the existing dwelling and part of the steel carport and is proposed to be 800m2. The proposed lot 61 has part of the existing carport with the remaining part of the land being vacant and is proposed to be 775m2.

Figure 4: Proposed plan of subdivision The proposed two lot subdivision does not:

- incorporate any opportunities for public open space - incorporate street tree planting

The proposed development has excellent access to proposed lot 60 via Cantwell Lane and via the existing crossover and driveway on Albert Street. Proposed lot 61 has the 2 existing crossovers on Cook Street. 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. 4.1 Compliance with Codes of Practice and Regulations The Environmental Planning Instruments that relate to the proposed development are:

1. Oberon Local Environmental Plan 2013 2. Oberon Development Control Plan 2001


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Oberon Local Environmental Plan 2013 Land Use Table The subject site is within the R1 General Residential Zone. (2) Objectives of zone



To enable other land uses that provide facilities or services to meet the day to day needs of residents.

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. Clause 4.1 Minimum subdivision lot size

(5) 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.

(6) 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.

(7) 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.

(8) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.

(4A) Despite subclause (3), land identified as “Area A” on the Lot Size Map may be subdivided to create lots of not less than 4,000 square metres if the consent authority is satisfied that each lot is, or will be, serviced by a sewage reticulation system and a water reticulation system. The lot size map prescribes a minimum lot size of 800m2 in the Oberon General Residential Zone.

Proposed lot 60 is 800m2 and proposed lot 61 is 775m2. As one of the proposed lots is less than the minimum lot size the application must consider Clause 4.6 Exceptions to Development Standards of the Oberon Local Environmental Plan 2013. Clause 4.6 Exceptions to Development Standards (1) The objectives of this clause are as follows: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.





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(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. (3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening the development standard. (4) Development consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and (b) the concurrence of the Secretary has been obtained. (5) In deciding whether to grant concurrence, the Secretary must consider: (a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and (b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Secretary before granting concurrence. The proposed development intends to create a lot of 775m2 which is 97% of the required minimum lot size of 800m2. The consent authority received a written request by the applicant that seeks to justify the contravention of the development standard. In accordance with Part 3 (a) of Clause 4.6 the written request states that compliance with the development standard is both unreasonable and unnecessary as it is:

a minor variation

the lot is of a sufficient size to support a future dwelling and ancillary requirements

it will assist with the attainment of the objectives of the zone (smaller lots can better provide smaller housing)

it is well above the minimum lot size that Council’s DCP identifies as being appropriate for such development.

In accordance with Part 3 (b) of Clause 4.6 the written request states that the environmental planning grounds to justify contravening the minimum lot size are:

it provides for a slightly smaller than average lot size, to achieve the intent (LEP & DCP) to provide for a range of allotment sizes to meet the needs to needs, affordability and preferences of different household types.

Clause B.8.4 of the DCP identifies that 600m2 is a sufficient size within the village of Oberon to accommodate a normal sized house

The subdivision will facilitate an additional dwelling on the corner lot, which will in turn provide for improved activation of the Cook Street frontage, which is a positive planning outcome.

The development is considered to be consistent with the identified DCP provision relating to the infill subdivision.


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In accordance with Part 4 of Clause 3.6 the proposed development must be in the public interest as it is consistent with the objective of the standard. The primary objectives of Clause 4.1 Minimum Subdivision Lot Size are:

(a) to ensure subdivision of land occurs in a manner that promotes suitable land uses and development,

(b) to ensure subdivision occurs in a staged manner that minimises the cost to the community from the provision of public infrastructure and services,

(c) to ensure rural lands are not fragmented in a manner that threatens their future use for agriculture or primary production,

(d) to ensure subdivision is not likely to result in inappropriate impacts on the natural environment, including native vegetation, natural watercourses and habitats for threatened species and populations and endangered ecological communities.

The development is only 3% less than the minimum lot size of 800m2. Whilst having a slight deficient lot size, it is of a regular shape and provides for sufficient area in order to support a dwelling and required open space and other ancillary dwelling requirements. The site is also located within an established urban area and the subdivision would utilise existing infrastructure to service the future development and will not result in any adverse costs to the community from the provision of public infrastructure or services. The development will also not impact on any rural lands or on the natural environment. The proposed development must also be consistent with the zone objectives which are:



To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The development is consistent with these zone objectives. Overall the non-compliance of 25m2 or 3% on lot 61 is not impacting on the environment or rural lands, it is consistent with the objectives of the zone and Minimum Lot Size Subdivision Standard. There are 5 other lots within the immediate area which are below 800m2 and as this subdivision is for infill development where infrastructure and services exist this exception to the development standard is supported. Under Clause 64 of the Environmental Planning and Assessment Regulation 2000, Oberon Council can assume the Director-General’s concurrence for this exception to the development standard. 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. Certification of the subdivision can occur once these connections have been established.


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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. State Environmental Planning Policies (SEPP) There are no SEPP’s that will affect the subject site. Oberon Development Control Plan Councils Development Control Plan 2001 applies to the proposed development. The applicable parts of the DCP are Part B Subdivision and Part H Notification. DCP PART B Subdivision 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.

To optimise the provision of infrastructure services in the most efficient and effective manner. B.7 Design Guidelines B7.3 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)

Landform

Aspect and Views

Geology and Soils

Drainage

Surface Water

Vegetation

Orientation

Hydrology

Weeds Management

Waste Water Disposal 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 overall site design of the two lot subdivision has adequately considered the elements above. Some detailed design will be required regarding the drainage plan of the proposed western site. With the sites being located within the General Residential R1 Zone the proposed lots have the


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necessary access to community and recreational facilities, road and transport networks and human services. B 7.4 Climate Control Complies 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 proposed lots layouts are orientated on a north-south axis. High levels of solar access and thermal comfort can be achieved with the proposed layout design and the lot sizes being greater than 775m2. B.7.6 Drainage The natural drainage patterns of the site are from west to east. Ideally the lots would be orientated west to east to allow both lots to easily drain to Cook Street, however the existing house on proposed lot 60 has prevented this. Lot 60 will need to provide a drainage plan that does not impact on proposed lot 61. B7.7 Landscaping The subdivision will require the provision of one street tree on each of the Albert and Cook Street road reserves. B.7.8 Street Signs Not applicable. B.7.9 Street Names Not applicable. B.8 Development Guidelines B.8.3 Public Open Space It is not appropriate to include an area of public open space for the subdivision of two lots in an existing residential area. A monetary contribution will be sought instead. B.8.4 Lot Size The DCP states a site of 600m2 is enough to accommodate a normal sized house, car parking, private open space and ancillary buildings. The Oberon LEP 2013 has a minimum lot size of 800m2 which overrules the DCP provision. The proposed plan of subdivision complies with B8.4 but not the Oberon LEP 2013. B.8.5 Shape of Lot Proposed lot 61 has adequate space for a building envelope with adequate setbacks and private open space. B8.6 Stormwater Drainage A relocation of the on-site stormwater drainage will be required as a condition to this consent to ensure proposed lot 60 (with the existing house) discharges their stormwater runoff to Cook Street without impacting on proposed lot 61.


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B.9 Village Subdivsion B.9.2 Village Zones The preferred minimum area of lots within zones 2(V) village shall be:

- In the case of Oberon sewer serviced areas, 600 square metres. The Oberon LEP 2013 prescribes a minimum lot size of 800m2 which takes priority over the DCP. B.9.3 Waste Water Disposal Each allotment created in the Oberon Village Zone shall be connected to Councils sewerage reticulation system. Sewer mains are available along Cook Street. B9.4 Drainage Easement There will likely be the need for a drainage easement on lot 61 to benefit lot 60 to discharge the stormwater from the existing house to the underground drainage in Cook Street. B.9.5 Road Construction Cook Street and Albert Street are both existing sealed roads and will not require further construction. B.10 Lot Characteristics B.10.2 Size of Lots The DCP prescribes minimum lot sizes of 600m2 with a minimum lot frontage of 20 metres. The proposed plan of subdivision complies with B10.2. B.10.4 Shape of Lots – Building Envelope Proposed lot 61 is capable of containing a rectangular building envelope with minimum dimensions of 16 metres on the north south axis by 12 metres on the east west axis, within which a residential building shall be contained. B11 Roads B11.3 Footpath, Nature Strip, Kerb And Gutter The proposed development is not required to have any footpaths, primarily because Cook and Albert Street do not have any footpaths. B.11.4 Access in Village Zone Proposed Lot 60 has an existing layback and could utilise Cantwell Lane. The proposed lot 61 has 2 existing laybacks from Cook Street. Therefore individual vehicle access is provided to both proposed lots. B.12 Urban Services B.12.2 Major Sewer Drainage The Section 64 contributions of the Local Government Act 1993 will be used for upgrades to the existing sewer system. B.12.3 Stormwater and Surface Water Drainage The existing house has a drainage pipe running through the centre of proposed lot 61 to the kerb of Cook Street. Prior to the issue of a subdivision certificate this pipe will require to be realigned and an easement provided along the north of proposed lot 61in benefit of proposed lot 60.


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Section 64 contributions of the Local Government Act 1993 will be used for upgrades to the existing drainage system. 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 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. B.12.6 Sewer A contribution shall be required towards the upgrading of treatment works. B.12.7 Water An amplification contribution is required for the provision of water to each lot and will be levied on the basis of Section 64 contributions of the Local Government Act 1993. B.12.8 Electricity Supply Applicant will be required to consult the appropriate Energy Authority to ascertain the cost and availability of reticulation of power supply. B12.9 Telephone Evidence must be provided that the proposed subdivision can be served by underground telephone cabling. B12.10 Common Trenching A condition will ensure that common trenching is used where possible to reduce costs and disruption due to maintenance. DCP PART C Residential Development This section is not relevant to subdivision and will only be used when developments applications are submitted for this land once the subdivision has been certified. DCP PART H Notification H 3.2 Public Notification The proposed subdivision is not considered as minor or unlikely to adversely affect adjoining owners and is not exempt from notification. Therefore all adjoining and adjacent property owners who in the opinion of Council may be significantly affected by the development proposal were notified in writing. Notification will expire on the 24 April, 2017. Should objections be received a further report will be provided to Council for consideration. 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 a two lot subdivision within an existing residential setting. One half of the site (closest to the corner) has no embellishments and will easily be able to accommodate a dwelling and private open space and will fit neatly within the existing environment.


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The development is considered to be reflective of the context and setting of the surrounding built environment. The design of the subdivision will not result in any unreasonable impacts on privacy, internal noise generation or view loss. Access Both of the proposed lots have sufficient access points. Proposed lot 60 could use Cantwell Lane plus the existing crossover on Albert Street. Proposed lot 61 can utilise an existing crossover on Cook Street. Utilities There are no issues with utility supply to the development. The subject site is located within an urban environment with access to standard infrastructure services. Heritage The proposed development is not expected to impact on items of heritage. The subject site is in an urban environment with no known heritage values. Land Resources The proposed development will not result in unreasonable impacts on other land resources. Stormwater Disposal The applicant has not provided a stormwater management plan to manage and dispose of stormwater runoff from the site. If the development is approved by Council resolution, development consent shall be conditional on the requirement to provide a solution to the stormwater disposal of both proposed sites. Sedimentation Controls The application is for subdivision only. Sedimentation control may be applicable when the site is developed as some excavation is likely to be required. Flora and fauna The site does not comprise any significant habitat. As such there are no issues with the development and its impacts on flora and fauna. Waste The proposed residential dwellings will be serviced by Council’s regular waste collection services following construction of a dwelling and occupation. Energy The proposed development will not result in additional energy demands. The subdivision has been designed with solar access in mind and both lots have good orientation for solar access and thermal comfort. Noise The development will not result in unreasonable increases in internal noise and vibration. Natural Hazards There are no natural hazards expected to impact on the proposed development nor is the development expected to increase the risk of natural hazards in the locality.


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Design The design of the subdivision includes connection to services and street tree plantings. The allotments are oriented on a north-south axis with the orientation of the allotments facilitating passive solar design in any future residential dwellings. The design and configuration of the subdivision will result in a development that presents well to the public realm, contributes to the streetscape and is sympathetic to the character of the surrounding built environment. Construction Excavation and retaining walls are expected during the construction of the proposed development. A Construction Certificate application will be required prior to commencement to earthworks and construction of a building on this site. The Public Interest 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. 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. Does the proposal fit in the locality? The subject site is within the R1 General Residential zone and is considered suitable for appropriately designed residential subdivision development. Post subdivision, a dwelling house is expected to be constructed on proposed lot 61. Are the site attributes conducive to development? In general, the site is considered suitable for appropriately designed subdivision development. As noted the future use will be a dwelling house which could be approved through complying development. Any submissions made in accordance with the Act or Regulations S79C (1) (e) During the assessment process the proposed development has been notified to the adjoining and adjacent land owners. 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. DISCUSSION AND CONCLUSIONS The application for a 2 lot subdivision is suitable for the R1 General Residential Zone and is consistent with the aims and objectives of that zone. The application was not compliant with the minimum lot size of 800m2 however for reasons noted in this report, the non-compliance of 3% was considered appropriate in this infill location. The


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subdivision is well serviced with adequate access, and availability to sewer, drainage and mains water. The subdivision presents few issues with the exception of existing stormwater management. Given this outcome, it is considered appropriate to recommend approval subject to standard conditions of development consent. RECOMMENDED CONDITIONS OF CONSENT That the development for a 2 lot subdivision on Lot 6 of DP758805 be recommended for approval subject to the following conditions: GENERAL CONDITIONS: Approved Plans

1. The development is to be carried out in accordance with the approved plan of proposed subdivision prepared by CAD Consulting 24 November 2016.

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. Separate Development Application Required

2. Prior to the commencement of construction of a dwelling, a separate Development Application containing fully detailed plans and specification is to be submitted and approved by Council 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. Development Contributions

3. Payment of contributions in accordance with the schedule applicable at the time of payment, as prescribed in Council’s Annual Fees and Charges Schedule for the additional one lot.

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) requires payment prior to release of Subdivision Certificates. Subdivision Certificate

4. A Subdivision Certificate will be required to be determined prior to the registration of your plan of subdivision. The conditions contained in this Consent must be complied with prior to the issue of a Subdivision Certificate.

Reason: To comply with the requirements of Section 109C of the Environmental Planning and Assessment Act. Sewer and Water mains supply

5. Each allotment shall be provided with a separate sewer and town water connection point located wholly within the allotment boundaries. Such works need to be approved by Council prior to the issue of a subdivision certificate.

Note: a Section 68 approval is required to be obtained prior to the commencement of works associated to the construction of sewer and water mains.


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Reason:- to ensure these services are available to the site. Arrangements for services (electricity, gas and telephone)

6. Satisfactory arrangements are to be made with the appropriate electricity, gas and telecommunication authorities for the provision of services to and within the subject land. Evidence of such arrangements shall be submitted to Council prior to the issue of the subdivision certificate.

Reason To ensure these services are available to the site. Common Trench

7. Where possible, infrastructure that accesses a new allotment should utilise a common trench.

Reason To consolidate the location of services entering a site. Access Construction

8. Access to the two proposed allotments is to be provided by the existing layback on Albert Street and the layback on Cook Street which is 40 metres from the corner of Cook and Albert Street. The existing layback located on Cook Street approximately 15 metres from the corner of Cook and Albert Street is to be re-established as a kerb and channel. Any change of these accesses will require further assessment and approval from Council. Any access across Council land is to be provided by way of bitumen seal or equivalent.

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. Stormwater Management

9. Prior to the issue of a subdivision certificate, the drainage pipes which run from the existing house through the centre of proposed lot 61 to Cook Street is to be redirected to the northern boundary and discharged to Cook Street. At the north-east point of the proposed lot 60 a stormwater pit and grate is to be installed to capture overland flow and discharged via the drainage pipe to Cook Street. Or to the satisfaction of Councils Director of Development.

Note: a Section 68 approval is required to be obtained prior to the commencement of works associated to stormwater management. Reason: To ensure adequate disposal and management of stormwater associated to the development. Existing Shed

10. Prior to the issue of a subdivision certificate, the metal shed shown on the plan of proposed subdivision as being dissected by the proposed boundary line is to be removed.

Reason: the existing shed, unless demolished, would encroch on to the proposed allotment. Easement for stormwater

11. The final plan of survey is to show an easement along the northern boundary of proposed Lot 61 for stormwater drainage to be in favour of Council and benefitting lots.

NOTE 1: Details of the easements shall be approved by Councils Works and Engineering Director. Reason: Because those works referred to (including access works) and which are sited, or are to be sited, on the subject land should be protected by an easement. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.


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Reason: To finalise the terms and approve the proposed restrictions prior to the registration of the subdivision. 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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13.03 NEW DEVELOPMENT SERVICING PLANS FOR WATER SUPPLY & SEWERAGE.

File No: Water & Sewer Author: Chris Schumacher Works & Engineering Director

Summary This report seeks Councils in principle support to place the new ‘Developer Servicing Plans’ on Exhibition for 30 working days for public comment prior to final adoption.


1. The new Developer Servicing Plan is placed on exhibition for 30 working days for public comment.

2. Once the public exhibition period has concluded, the Developer Servicing Plan will be finalised and brought before the next Ordinary Meeting of Council for Adoption.

Comment: ATTACHED DSP & Financial Plan for Water & Sewerage. Oberon Council and many other Councils of the ‘Centroc Water Utility Alliance’ have recently embarked on a joint venture to review their Developer Servicing Plans (DSPs). The individual plan reviews were assisted by consultancy WaterOz. These plans form charges that Local Government Councils enforce through Section 64 of the Local Government Act i.e. Developer Contribution charges to support, maintain and expand both water and sewer utilities and associated infrastructure within their respective LGA’s. The new charges proposed are as follows:

ET=equivalent tenement. The service areas are shown in the maps of Appendices of A & B. Generally the area covers the existing areas serviced by the existing water supply and sewerage infrastructure, and the East Oberon area where reticulated sewerage is scheduled to be provided by 2019. The service area does not include the West Oberon Development Area (WODA). Water and Sewer functions within a Council must stand alone to that of General Revenue and remain self sufficient and sustainable in cost to meet the challenges of both maintenance or capital renewal activities that occur within either water or sewer operations. Recently a workshop was conducted with Council to assist a better understanding of how the modelling of a Developer Servicing Plan is structured around the financial demands of the individual water and sewer utility provider such as a Council.


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The DSPs were prepared in accordance with the 2016 Developer Charges Guidelines, referred to in the legislation. As part of the Guidelines requirements, the DSPs have been independently audited and were found compliant with the Guidelines. The 30-working days exhibition is also a requirement of the guidelines. Having up-to-date DSPs is also a requirement of the best-practice management framework, which is a State Government requirement for councils with water supply and/or sewerage. The financial plan (attached) has been developed on a thorough examination of Councils water and sewer utilities and their current condition. From the condition rating financial projections for both preventative maintenance and capital works have been placed into a 30 year rolling works program inclusive of costings to assist with future budgets. The financial plan is reflected through the DSP charges and has also included the capital expansion costs of the associated new sewerage works as part of the Restart NSW program. It is the intent to have the final DSP endorsed by Council prior to 30 June 2017, in order to enact the new charges in accordance with the 2017/2018 Council Fee’s & Charges commencing 01 July 2017.

Notes:


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13.04 PLANNING PROPOSAL - INSERT “FUNCTION CENTRES” AS A PERMISSIBLE USE WITHIN THE PRIMARY PRODUCTION ZONE (RU1)

File No: PR1-397 Author: Brendan O’Loan Consulting Town Planner

Summary This planning proposal which seeks to amend the Oberon Local Environmental Plan 2013 and add ‘function centre’ as a permissible land use in the RU1 Primary Production Zone was supported by Council at the Ordinary Meeting 17 May 2016. Gateway determination followed and agency responses were received by NSW Rural Fire Service, Water NSW and Department of Primary Industries with no objections. Community consultation commenced 27 January 2017 and was completed 3 March 2017. No submissions were received and no public hearing was held. No changes are required to the Planning Proposal prior to seeking an opinion from the Parliamentary Counsel Office.

Recommendation That:

1. Council support the Planning Proposal PP_2016_OBERO_001_00 as consulted with the community.

2. Delegate the Deputy General Manager to submit the Planning Proposal to the Parliamentary Council Office to draft the planning instrument.

Comment Following Council’s support of the Planning Proposal at the Oberon Council Ordinary Meeting 17 May 2016 written authorisation was received from the Department of Planning and Environment that Oberon Council will have delegation. Advice was sought by the NSW Rural Fire Service, Water NSW and the NSW Department of Primary Industries. None of which objected to the planning proposal. An advertisement regarding the Planning Proposal was placed in “The Oberon Review” and the Planning Proposal was able to be viewed at Council’s Administrative Centre and Council’s website. No objections were received during community consultation. The Planning Proposal will amend the LEP 2013 and add “function centre” as a permissible land use in the RU1 Primary Production Zone. While this will make ‘function centre’ a use permissible with consent in the RU1 Zone, it should be noted that any such use will still require development consent and will be assessed on its merits based on the opportunities and constraints of the subject site and the nature of the development proposed.


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13.05 2016/17 FEES & CHARGES AMENDMENTS

File No: Governance/Finance/February 2017 Author: Lynette Safranek, Acting General Manager

Summary Councils 2016/17 Fees & Charges were placed on public exhibition with no feedback from the community regarding minor changes.

Recommendation: That Council adopt the amendments to the 2016/17 Fees & Charges as displayed.

Comment The 2016/17 Fees & Charges placed on public display included minor changes to the Internet Access and General Computer Use, and Liquid Trade Waste. As there were no comments from the public, Council is asked to adopt the amendments to the 2016/17 Fees & Charges.

Notes:


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13.06 OTHR HERTIAGE TRAIL – EXTENSION OF EXISTING TRAIL

File No: Grants/Heritage Author: Gary Wallace, Deputy General Manager

Summary To advise Council of a request from Oberon Tarana Heritage Rail (OTHR) relating to potential funding opportunities and seek Council endorsement, in kind assistance and landowners consent for the expression of Interest.

Recommendation That:

1. Council ‘in principle’ support for the OTHR to lodge an Expression of Interest for the project along the existing rail corridor to improve public access, knowledge, awareness and enjoyment of local heritage listed assets.

2. Council provide landowner’s consent for the Expression of Interest.

3. Council defer any proposed contribution for the project to the 2017/18 Operational Plan deliberations.

Comment Council is in receipt of correspondence by Oberon Tarana Heritage Railway (OTHR) outlining an opportunity to apply for a Heritage Activation Grant from the Office of Environment and Heritage. The grant is “to improve public access, knowledge, awareness and enjoyment of local heritage listed assets”. This grant opportunity has come to light from the recent ‘Heritage Near Me’ program activated by the NSW Office of Environment & Heritage. Heritage grants for up to $100,000 are being accepted. OTHR propose to use the grant to extend public access along the rail corridor north of Hazelgrove for a distance of up to 4.8kms, depending on funding received. This will extend the existing walking track that runs parallel to the rail line between Oberon and Hazelgrove. It is proposed to access a number of heritage items along the way. Such an extension of the public access along the rail corridor is consistent with Councils strategic plans for the development and promotion of its tourism, wellbeing and heritage assets. In order to secure a Heritage Activation Grant OTHR need Council support in the following ways:-

1. In principle support for the project, in that it is consistent with the councils strategic plan.

2. “Owner’s consent” for the operational activities associated with the grant. Council being the holder of the License over the corridor.

3. If successful, an ‘in kind’ contribution to the project. (A cash contribution is not required for the grant). For the purpose of the application the ‘in-kind’ contribution is suggested as “to the value of $20,000”.


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Currently Council are the licence holders over the rail corridor through an agreement with the Rail Authority and sub leased to OTHR. It is considered that Council can support this project, however in relation to ‘in kind’ support it is recommended that the request be deferred and considered during deliberation of the 2017/18 Operational Plan.

Notes:

09/April/2017 Gary Wallace Director of Development Oberon Council

Re:- Council support of Heritage Activation Grant

Dear Gary, Oberon Tarana Heritage Railway (OTHR) has an opportunity to apply for a Heritage Activation Grant from the Office of Environment and Heritage. The grant is “to improve public access, knowledge, awareness and enjoyment of local heritage listed assets”. Grants are for up to $100,000. It is proposed to use the grant to extend public access along the rail corridor north of Hazelgrove for a distance of up to 4.8 kms, depending on funding received. This will extend the existing walking track that runs parallel to the rail line between Oberon and Hazelgrove. It will access a number of heritage items along the way. Such an extension of the public access along the rail corridor is consistent with Councils strategic plans for the development and promotion of its tourism, wellbeing and heritage assets. In order to secure a Heritage Activation Grant OTHR will need the support of Council in the following ways:-

1. In principle support for the project, in that it is consistent with the councils strategic plans.

2. “Owner’s consent” for the operational activities associated with the grant. Council being the

holder of the License over the corridor.

3. If successful, an ‘in kind’ contribution to the project. (A cash contribution is not required for

the grant). For the purpose of the application the ‘in-kind’ contribution is suggested as “to

the value of $20,000”.

We look forward to your support of this exciting initiative. Written evidence of Council support will be required by 20/4/17 to meet the grant application closing date. Kind Regards

Tim Arnison President. OTHR

PO Box 299

Oberon NSW 2787


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14. REPORTS FOR INFORMATION

14.01 MONTHLY ACTIVITY REPORT – ACTING GENERAL MANAGER

File No: Governance/Meetings/Ordinary Author: Lynette Safranek, Acting General Manager

Summary This report item summaries the main activity by the Acting General Manager since the March Council Meeting 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 MAY AND JUNE COUNCIL OPERATION AND DELIVERY PLAN REVIEWS – Council will be holding four public meetings in Oberon, Burraga, Black Springs and O’Connell to discuss the final year of Council’s Operational Budget and Delivery Plans. The dates have been published on Council’s webpage, noticeboards, Facebook, Oberon Review and Council’s Community Newsletter. 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 Acting General Manager.

Minute Number Summary/Progress

21 February 2017 ORDINARY COUNCIL MEETING

12 210217 That Council adopt Policy 2104 - Leave Policy as submitted

Completed

15 210217 That Council delegate the Acting General Manager to sign the Central West Councils Environment & Waterways Alliance Terms of Reference & Membership Agreement.

Completed

30 210217 That Council delegate Authority to the Mayor and Acting General Manager to place Hathaway Cottage for auction in accordance with the report submitted for discussion.

Ongoing

With respect to outstanding actions from previous Council Meetings the Acting General Manager will review these with the Mayor and the Directors on at least a monthly basis. If any Councillor requires an update on a specific item they should contact the General Manager or the relevant Director, or submit a Councillor Request Form to the Executive Coordinator.


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3. WORKPLACE HEALTH AND SAFETY Includes information provided supplied by WHS/Risk Coordinator. Council’s WHS/Risk Coordinator retired on 31 March 2017. David Lawson will be commencing with Council on 24 April 2017. David comes to us with extensive experience in this area at Parramatta Council and previous corporate experience. 4. HUMAN RESOUCES Includes information provided by Human Resources Coordinator. Recruitment Activities Interviews for the new WHS & Risk Coordinator were completed at the beginning of March with the new incumbent commencing on 24 April. Training and Development Traffic Control Combo (yellow & blue tickets) recertification training occurred for five Works staff. Remainder of Works staff will be trained in June after major projects have been completed. Four admin staff attended “Minutes and Agenda” training in March. Staff from Lithgow and Oberon attended and the Oberon Community Centre was used for the training. Projects Policy review underway with EMT. HR allocated policies to be reviewed. Position Description review is ongoing. Annual Performance Appraisal documents are being prepared. Resignations Council’s WHS/Risk Coordinator retired on 31 March 2017. Upcoming Meetings/Events Centroc HR Meetings, Orange/Bathurst – 23 May 2017 HR meetings with Acting GM – ongoing. 5. COMMUNITY ACTIVITY, REGIONAL ISSUES and OTHER MEETINGS (MARCH 2017) The following is a summary of meetings attended by the Acting General Manager. 6 March Procurement Australia update

6 March Oberon Democracy Day planning meeting

7 March Council Meeting

7 March Civica Account Manager

7 March WHS/Risk Coordinator Interview

7 March Executive Management Team meeting

8 March International Women’s Day Mayor Lunch

8 March StateCover, WHS case update

9 March Upper Macquarie County Council, Bathurst


14 March Common Working Party

14 March Informal Briefing Session



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16 March Electoral Commission re LG September election process

17 March Bathurst Mayor and General Manager

20 March Community member regarding Quarry

21 March Council Ordinary Meeting

22 March Mr & Mrs Kurtz regarding Oberon LG Election role

22 March Oberon District Museum


22 March StateCover, WHS case update


23 March Grant Thornton, Internal Audit catch up

24 March Country Mayors Association meeting, Sydney

27 March LG NSW Forum: From Pending to Performing


29 March Lithgow Finance Group Manager

30 March Council Consultative Committee

Notes:


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14.02 MONTHLY ACTIVITY REPORT – DEPUTY GENERAL MANAGER

File No: Governance/Meetings/Ordinary Author: Gary Wallace, Deputy General Manager

Summary This report item summaries the main activity by the Deputy General Manager since the February Council Meeting and major work within the Planning & Development Department.


Commentary 1. PLANNED ACTIVITY FOR MARCH and APRIL LEGAL ACTION – On 12 April 2017 Counsel attended a hearing on behalf of Council relating to the costs matter that is currently being pursued against the NSW State Government over the forced amalgamation process. In the hearing the registrar indicated that the matter be adjourned until 3 May 2017. RESTART NSW – REGIONAL GROWTH ENVIRONMENT AND TOURISM PROGRAM was announced on Monday 6 March 2017. This fund is targeting environment and tourism projects of regional significance and is expected to deliver regional economic, tourism, environmental and social benefits. There is a minimum funding threshold of $500,000 but no maximum. Currently two projects are being earmarked for interest. Those being the Tablelands Way project and a walking/bike track around Lake Oberon. LAND SALES – Two sales for blocks of land in Edith Road have been finalised. Another sale was for the Dudley Street land was accepted however this has now been reneged. 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.. Work has commenced on the auction of the Hathaway building. An Auction date in early May is earmarked. COMPLIANCE – work continues to investigate compliance issues in development assessment and building control. Staff continue to monitor approvals to ascertain their compliance with conditions of consent. Currently staff have been dealing with building, animal and stock and dog matters. JOINT REGIONAL PLANNING PANEL – At its meeting on 6 April 2017 the JRPP resolved to approve a Quarry off Lowes Mount Road subject to a number of conditions. Of interest those conditions included the prevention of working on weekends, the establishment of a Community Consultative Committee, the exclusion of blasting to name a few. Additional information has been sort from the applicant associated with the Sewell Creek Road proposal. Significant objection from Mayfield Garden continues in relation to this matter. The additional information has been forwarded to the Roads & Maritime Services seeking expert comment in relation to the additional information.


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2. ACTIONING COUNCIL DECISIONS Following each Council Meeting the General Manager and Directors review the decisions and agree on a priority for actioning these decisions. Each Director has been requested to provide an update in the Monthly Activity Report, as well as reporting on actions to the Acting General Manager.


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 Matter ongoing

54 201216

Albion Street Industrial Estate

That delegation be given to the Deputy General Manager to negotiate the sale of the adjoining ground in the Albion Street Industrial Estate under a commercial arrangement.

Matter ongoing

56 201216

Legal Challenge Update

1. Lodge an appeal in the NSW Supreme Court of Appeal in relation to the merger proposal.

2. Provide an additional allocation of $40,000 to its current legal appeal fund from General Revenue to cover the costs of an appeal.

3. Resolve that the expenditure is required and warranted to enable Council to exercise its legitimate right to appeal.

Matter ongoing

With respect to outstanding actions from previous Council Meetings the Deputy 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 Acting or Deputy General Manager or the relevant Director, or submit a Councillor Request Form to the Executive Coordinator. 3. COMMUNITY ACTIVITY, REGIONAL ISSUES and OTHER MEETINGS (MAR/APR 2017)

The following is a summary of meetings attended by the Deputy General Manager.

13 Mar LG Professionals Governance Conference – Mudgee

14 Mar Common Working Party Meeting

14 Mar Councillor Informal Briefing Session

15 Mar Oberon Democracy Day Workshop

15 Mar Hamish Keith, Mayfield Garden re Events

16 Mar Joint Regional Planning Panel Public Meeting re Quarry Development

17 Mar Mayor of Bathurst Graeme Hanger and General Manager David Sherley visit with Mayor Kathy Sajowitz

20 Mar Zac Rowlandson re Quarry Development

21 Mar Oberon Public School student talk regarding sustainability

21 Mar Mr & Mrs Kurtz regarding Oberon LG Election role

21 Mar Ordinary Council Meeting

22 Mar Abercrombie River Bridge Project REF

22 Mar Pat Bird re road closure matter

23 Mar Walk around NBN Node Sites in Oberon


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25 Mar Oberon Democracy Day Celebration

29 Mar Brian Beesley and Mick English, Oberon Golf Club

29 Mar Ian Makins, Borg site visit

29 Mar Gary Mawhood

3 Apr Maxine Nunan with Mayor re drainage issues

4 Apr Oberon Correctional Centre regarding re-establishing a Memorandum of Understanding

5 Apr Kevin Hillsdon re issue with road closure

5 Apr Russell Meadley, Business Enterprise Centre re workshops for Oberon Businesses

5 Apr Daffodil Fairies

6 Apr Marjorie Armstrong

7 Apr Tim Arnison re OTHR Heritage Grant

10 Apr Amy Collins, Mayfield Garden re Quarry Development

11 Apr Councillor Informal Briefing Session

4. 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 March with advertising and information. This included the Mayoral Column, Road Works updates and Library News. Articles included – Determinations Jan 2017, Upcoming Council Meetings Mar 2017, Edith Road Temporary Closure for roadworks, Section 356 Donations, Tender O’Connell Rural Fire Service Shed, Free Tip Day, Upper Macquarie County Council weed spraying program, Public Exhibition Amended Fees and Charges, Oberon Youth Council Community Fun Run, Disposal of E-Waste, EPA Litter Awareness month, Abercrombie River Bridge project and Council Meetings April 2017. Council Website and Council Facebook Page updated with media releases and relevant articles. “Good News Week” newsletter was issued to councillors and staff on 3, 10, 17, 24 & 31 March 2017. VISITOR INFORMATION CENTRE Visitor Statistics – March 2017 Domestic 1315 International 97 Total 1412 Major Tourism Requests

March 2017

Mushrooms 795

Fossicking 81

Mayfield Garden 79

Jenolan Caves 79

Accommodation (incl. camping) 147


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Events held during March included: Fri 3 Mar Back to Business Week Dinner

Sat 4 Mar Zone 5 Regional Showgirl Dinner at Mayfield Gardens

Wed 8 Mar International Women’s Day Mayoral Lunch

Sat 11 Mar Six Foot Track Marathon Katoomba to Jenolan

Sun 12 Mar Oberon’s Annual Swap Meet Oberon Show Ground

Sat 25 Mar Oberon Fun Run & Oberon Democracy Day Oberon Common

Upcoming Events: 1 Apr Oberon Community and Farmers Markets – Official Opening

2 Apr Mayfield Garden – Yoga in the Garden

5 Apr Community Transport Bus Trip Miss Traill's Cottage, Bathurst

9 Apr Mayfield Garden D2F Autumn Fun Run

11, 12, 19, 20 Apr Makerspace Activities Oberon Library, Fleming Street Oberon

12 Apr School Holiday Easter Craft Oberon Library,

14-17 April The annual Gemborie Event is to be hosted once again by Lithgow – we expect many fossickers will come to Oberon’s ‘Fossicking areas’.

15-30 April Mayfield Garden Autumn Festival – the private garden of over 160 acres open to visitors concluding with a huge music event on 30 April featuring James Reyne.

15/16, 22/23 & 29/30 April Gairloch Garden, Oberon - Open on weekends

21, 22, 23 Apr The Landscape of Heritage Workshop Buddens Guesthouse, Rockley

22/23 & 29/30 Apr Beyond Avalon Garden, Black Springs – open on weekends

23 Apr Tarana Community Markets

30 April Love in the Country Bridal Fair in the Oberon Show Grounds

30 April High Tea at Buddens Rockley Bank Tea Rooms

With the recent Autumn rain Mushrooms have appeared in abundance in the mature State Forest plantations around the LGA. 5. PLANNING AND DEVELOPMENT MATTERS STATUS OF COUNCIL DECISIONS

Minute Number Action Taken

30160413 Waste Less Recycle More

Councillor Workshop held 9/12/14. Recycling Area established September 2015 Draft Waste Strategy developed Report to be drafted for a future meeting to workshop the strategy.

Matter Ongoing

06 151215 Notice of Motion

Parkland in Glyndwr Avenue. Amendment to the LEP required. Gateway lodged and supported by Council

Matter Ongoing


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15 160216 Planning Proposal Titania

Planning Proposal to reduce the Minimum Lot Size and the proposed amendment to Clause 4.1A (3) (b) and (c) of the Oberon Local Environmental Plan 2013.

- Proposal referred to the Department of Planning and Environment for further discussion.

- Parliamentary Counsel have gazetted the amendment in March 2017

Matter Closed

17 May 2016 ORDINARY COUNCIL MEETING

16 170516 Planning Proposal Function Centre

1. Council support the planning proposal in principle to amend the Oberon Local Environmental Plan 2013 and add “function centre” as a permitted use in the RU1 Primary Production zone for the entire Oberon Council area,

2. Decline the request to amend the Oberon Local Environmental Plan 2013 to enable a function centre as an additional permitted use on Lot 10 DP 1153955 (397 Mutton Falls Road, Tarana) and refund the applicant’s fees,

3. Authorise the Acting General Manager to prepare a planning proposal in relation to the above amendment, and

4. Authorise the Acting General Manager to submit the above 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.

Exhibition of the gateway is expected between March and April. Report to Council April to finalise the Gateway Approval. Matter ongoing


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 forwarded to State Matter ongoing


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21 March 2017 ORDINARY COUNCIL MEETING

11 210317 Heritage Committee Meeting

That Council lodge an expression of Interest with the Office of Environment and Heritage of interest for funding for a Heritage trail around Pise and Cob Barns. Expression of Interest being prepared for lodgement with Office of Environment & Heritage Matter ongoing

DETERMINATIONS The following Applications were determined in March 2017.

REF NO. DEVELOPMENT TYPE STREET ADDRESS

10.2016.112.1 11.2016.112.1 19.2017.6.1 Additions 6 Reserve Avenue, BLACK SPRINGS

10.2017.2.1 20.2017.1.1

Two Storey Dwelling and Connection to sewer 32 Jenolan Street, OBERON

10.2017.3.1 19.2017.2.1

Dwelling and On-Site Waste Water System 752 Carlwood Road, TARANA

10.2017.12.1 11.2017.12.1 19.2017.1.1

Shed and On-Site Waste Water System 9 Bosworth Falls Road, O'CONNELL

10.2016.74.1 Retrospective Use of Existing Shed 15 Scotia Avenue, OBERON

10.2016.28.2 Modification of addition to dwelling 3280 Beaconsfield Road, O'CONNELL

10.2016.103.1 11.2016.103.1 19.2016.43.1

Dwelling and On-Site Waste Water System

525 Campbell’s River Road, BLACK SPRINGS

10.2016.8.1 Museum 1-15 North Street, OBERON

10.2017.7.1 Replacement Advertising sign 1 Dudley Street, OBERON

11.2017.16.1 Access Construction 813 Mutton Falls Road, TARANA

10.2017.6.1 11.2017.6.1 19.2017.3.1

Dwelling, Shed and On-Site Waste Water System 90 Harris Road, OBERON

10.2017.11.1 11.2017.11.1 Verandah 134 Wilson Drive, OBERON

10.2016.13.1 11.2016.113.1 Farm Shed 570 Mayfield Road, OBERON

18.2017.1.1 19.2017.11.1

Screen Enclosure and Modify Existing OSWW 25 Shakespeare Close, OBERON

11.2011.31.2 Modify retrospective use of existing retaining wall 83 North Street, OBERON

19.2017.8.1 On-Going use of on-Site Waste Water System 2213 O'Connell Road, O'CONNELL

15.2007.88.2 Subdivision Certificate 13 Oberon Street, OBERON

10.2016.108.1 11.2016.108.1 Advertising Sign 1347 O'Connell Road, OBERON

10.2016.109.1 Advertising Sign 21 Sewell’s Creek Road, OBERON


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11.2016.109.1

10.2016.110.1 11.2016.110.1 Advertising Sign 570 Mayfield Road, OBERON

10.2016.111.1 11.2016.111.1 Advertising Sign 570 Mayfield Road, OBERON

10.2017.9.1 Storage Building 61 Warego Lane, O'CONNELL

10.2017.10.1 11.2017.10.1 Storage Buildings 46 Albion Street, OBERON

Copies of determinations are available for inspection at Council’s Administration Centre. Total fees for Applications during March 2017 were $16,036.20. The year to date income is $155,923.36 which is 157.5% 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.

The following Applications lodged of interest in March 2017.

REF NO. DEVELOPMENT TYPE STREET ADDRESS

10.2015.21.4 Modification to 116 Lot Subdivision 32 Bracken Glen Lane, Oberon

10.2014.53.2 Modification to 19 Lot Subdivision 32 Bracken Glen Lane, Oberon

18.2017.2.1 OPTUS Telecommunications Facility 394 O’Connell Road, Oberon

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.

05

10152025303540

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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In March 2017 the following Certificates were issued:

CERTIFICATES

SECTION 149(2) AND (5) PLANNING CERTIFICATES

Environmental Planning and Assessment Act, 1979

26

SECTION 735A CERTIFICATES AS TO NOTICES

Local Government Act, 1993.

9

SECTION 121ZP CERTIFICATES AS TO ORDERS


5

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.

OBERON ANIMAL POUND The following are details of activity at the Animal Pound in March 2017.

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 certificates2016

02468

10121416

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

berN

um

be

r o

f A

nim

als

Month

Number of cats and dogs impounded 2016/2017

2017 Carried Over

2017 Dogs

2017 Cats

2016 Cats & Dogstotal


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In March 2017 there were no Dangerous Dog Declarations, no Dangerous Dog Orders or Notice of Intentions to declare a dog dangerous issued.

MISCELLANEOUS MATTERS

Various inspections, including building inspections, health inspections, environmental inspections and complaints were conducted during March 2017.

TYPE OF INSPECTIONS March 2017

Building Inspections 57

Food Inspections 0

Environmental Inspections (Air, Noise and Water Pollution)

0

Subdivisions Certificate Inspections 2

Complaints (Including Animal Control) 5

Building Maintenance Inspections 5

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 March 2017 and including scheduled work for the coming month of April 2017.


Comment 1. UPCOMING/PLANNED WORKS The following works will commence during the month of April 2017: Abercrombie Hill Project – Unfortunately rain and contractor availability has delayed this project. Stabilisation work continues and will be completed by Friday 7 April. Sealing works are planned to commence from Friday 7 April and be completed by Sunday 9 April. Guard rail installation is scheduled to commence on Wednesday 19/4/17. Edith Rd Construction – The project has been completed with guard rail installation work planned to commence on Tuesday 18 April. Campbell’s River Road – Stay pole relocation work is outstanding and a contractor will be engaged soon. This process may take up to three (3) months , subject of Essential Energy approvals and power outage. 600m of Campbell’s Rd is ready for final trimming and sealing and will be completed by 28 April. Parks and Gardens Activity – The parks and gardens crews will be mowing and maintaining parks, recreation grounds and cemeteries as well as the gardens in the main street. Abercrombie Bridge Project – The Draft REF has been finalised. Discussions held between Oberon Council / Upper Lachlan Shire Council & The Office of Environment and Heritage (NPWS) in relation to the suitable wording to include in the REF in relation to the Roadworks on the Northern side which goes through NPWS Land. At this stage, once the REF process has been finalised, Council is planning to start the Northern Approach Roadworks by about early to mid May 2017. North & Oberon Street Intersection Upgrade – 50mm asphalt will be placed on the existing surface over a 1100 square metre area. New line marking to be completed in accordance with RMS safety design requirements proposed for completion 28 April. O’Connell Road “the Mount’ – Bitumen sealing is now complete there is still some work to be done on advisory/warning signage, line marking and guidepost installation. O’Connell Road – Council staff will be commencing work to replace & widen existing concrete box storm water culvert at the bottom of the Mount on O’Connell Road as part of maintenance work under RMCC. This work is scheduled for 17 April following the O’Connell Road works at the top of the Mount.


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LIRS – LIRS work has commences on Ivers Rd and Claytons Rd, further works include Black Bullock Road, Bolton Lane, Brass Walls Rd, Chain Of Ponds Rd, Dreves Rd. Abercrombie Road - Heavy Patch Repairs will commence during April/May on various section of the road between Oberon and Black Springs. Geotech results of the existing pavement have allowed Engineers to understand and develop a strategy plan to repair pavement defects. 2. WORKS ON LOCAL ROADS, BRIDGES, PARKS AND PRIVATE WORKS UNDERTAKEN

DURING MARCH Pothole Repairs – Routine pothole maintenance completed during the month of March 2017 on Local roads, Regional Roads and the State Highway. Maintenance Grading work has been undertaken on Bloomhill Rd, Bosworth Falls Rd and Sewells Creek Rd. LIRS work has been completed on Gormans Lane. The parks and gardens crews have been mowing the recreation grounds as well as Oberon cemetery and the road verges along Abercrombie Rd and Albion St. The sporting fields have been mowed and marked for commencement of training for the winter sports such as soccer and football. Crews have pruned trees along town streets as well as cleaned gutters. 3. ACTIONING COUNCIL DECISIONS The actions resulting from previous Council Meetings to be undertaken by the Works and Engineering Director are summarised:


07 201216 Faugha Ballaugha Road – Bitumen Seal Request

That Council consider a request to upgrade the road in preparation to seal a section of Faugha Ballaugha Road and seek a contribution from the landowner to complete the seal. Action: In progress

11 201216 Tilsbury Lane

That Oberon Council use $20,000 from restricted road funds to fund drainage of 450mm piping along the first 2km of road length on Tilsbury Lane Eastern end. Action: Work completed new drainage culverts now installed.

12 201216 Tilsbury Lane

Oberon Council also use on return trips where possible from Abercrombie Hill Gravel Site, the gravel to be stored for further gravelling on the west end of Tilsbury Lane when maintenance schedule begins. Action: In progress

13 201216 Work At The Common

That Oberon Council use funds from 2016/17 Town Improvement fund of approximately $15,000 for concrete gutter to start carpark and land drainage of western side only from Curtis Street to the two new shelters. Action: Work completed

20 201216 Bracken Glen Lane – Land Acquisition

That: 1. Council at no charge dedicate the 826.54 sq/m of cemetery land

for the purposes of a new road reserve at no cost to the developer. 2. Any vegetation required to be removed shall be at the developers

full cost, including the replacement of any ornamental tree’s should


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they be earmarked for removal. 3. The developer shall be responsible for all survey, legal and land

transfer costs including full replacement of same type fencing along the eastern side of the Oberon Cemetery.

Action: In progress

21 201216 PF Olsen – Request In-Kind Support Jeremy Road Burraga

1. Council support PF Olsen with in-kind support in the form of providing gravel product from its Claytons Pit for use only upon Jeremy Road.

2. That PF Olsen be responsible for transporting and laying of gravel on Jeremy Road at their full cost.

Action: Withdrawn

23 201216 Centroc Road Signs Contract

That: 1. Council support the Centroc initiative and continue to participate in

a Regional road signs contract. 2. That the Acting General Manager be authorised to sign contract

documents on Councils behalf. Action: Complete

25 201216 Restart NSW Funding Deed – Oberon Sewerage Treatment Plant Upgrade

That: 1. Council accept the offer in principle of $4.95m for the upgrade to

Council Sewerage Treatment Plant, and East Oberon Sewer Reticulation; and

2. Council be provided a report at the February 2017 Council meeting to provide further details of the funding Deed Disbursements and how Council can fulfil this project by matching dollar for dollar.

Action: Complete


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.

16 210217 Faugha Ballaugha Road Dust Emission Complaint

That the request be deferred to consideration of the 2017/18 budget and that Council seek the landowners interest in contributing to sealing 200m at the front of his property.

32 210217 Restart NSW – Oberon Sewerage Treatment Plant Upgrade

That Council: 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.


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4. WORKS FOR ROADS AND MARITIME SERVICES (RMS) Monthly Works update March 2017:

Oberon St and North St intersection resealed.

RMCC Routine road patching maintenance.

Mini rehab on O’Connell Rd at the approach to Oberon Mount on the Oberon side. Forward Works Program:

Inspections and routine maintenance works on both Duckmaloi and O’Connell State Roads.

O’Connell Toad -drainage culvert upgrade works bottom of Oberon Mount 5. WORKS ON TOWN IMPROVEMENTS

New Garden bed constructed at the Oberon Common adjacent to the new BBQ Shelters. 6. ROAD INSPECTIONS The following roads were inspected or rectified in March 2016.

7. 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 March 2017. MAINTENANCE AND REPAIRS

DATE PLANT DESCRIPTION OF WORK

2/03/2017 # 50 - WESTERN STAR TRUCK RMS INSPECTION BATHURST

2/03/2017 # 53 - SLOANEBUILT DOG TRAILER REPLACE AXLE SLINGS - NUMBER 1- 2 AXLES

2/03/2017 # 59 - SLOANEBUILT DOG TRAILER REPLACE AXLE SLINGS - NUMBER 1- AXLE

2/03/2017 # 51 - WESTERN STAR TRUCK REPLANCE SLACK ADJUSTER - RH NUMBER 2 AXLE


3/03/2017 # 53 - SLOANEBUILT DOG TRAILER RMS INSPECTION BATHURST

3/03/2017 # 54 - MACK TRIDENT TIPPER RMS INSPECTION BATHURST


3/03/2017 # 59 - SLOANEBUILT DOG TRAILER RMS INSPECTION BATHURST

3/03/2017 # 58 - WESTERN STAR TRUCK REPLACE AIR BAG - LH SIDE # 2 AXLE

3/03/2017 # 58 - WESTERN STAR TRUCK REPLACE RINGFEDER PIN

3/03/2017 # 58 - WESTERN STAR TRUCK REPLACE FUEL LINE TO COOLER

6/03/2017 # 58 - WESTERN STAR TRUCK REPLACE SPRING EYE BUSHES - BOTH DIFFS

7/03/2017 # 56 - DRAKE LOW LOADER REPAIR CONTROL VALVE - RAMPS

10/03/2017 # 24 - CAT CS563E ROLLER NEW ENGINE FITTED

13/03/2017 # 58 - WESTERN STAR TRUCK REPLACE AIR COMPRESSOR

13/03/2017 # 41 - FUSO WATER CART FULL SET OF DRIVE TYRES - WHL

Road Name Starting From Going To

Date of

Inspection Hazard Type Re-Inspection Date

Make Safe or

Repaired

Titania Rd Edith Rd Duckmaloi Rd 23/11/2016 Potholes; Shoving or Failures 15/03/2017 15/03/2017

Mutton Falls Rd

Fish River

Bridge O'Connell Rd 7/06/2016

Potholes; Shoving or Failures

(drainage/wash) 15/03/2017 15/03/2017

Abercrombie Rd O'Connell Rd

Abercrombie

River 23/11/2016

Potholes; Shoving or Failures; Other

(drainage); Rutting; Road Surface 10/03/2017 10/03/2017


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13/03/2017 # 12 - KUBOTA MINI EXCAVATOR REPLACE BELTS

14/03/2017 # 58 - WESTERN STAR TRUCK REPALACE AIR DRYER /HOSE FROM COMPRESSOR

14/03/2017 # 91 - HINO CREW CAB 2X4 4 X DRIVE TYRES FITTED

14/03/2017 # 55 - SLOANEBUILT DOG TRAILER REPLACE AXLE SLINGS - NUMBER 1- AXLE

24/03/2017 # 25 - CAT CS563E ROLLER REPLACE HYD HOSE - SEWELLS CK RD

24/03/2017 # 52 - HINO TIPPER REPLACE SPRING HANGER - LH SIDE # 3 AXLE

RFS MAINTENANCE AND REPAIRS

DATE BFO VEHICLE DESCRIPTION OF WORK

7/03/2017 BFO 6261 - OBERON CAT 1 TRACSERV ORANGE FIT NEW RADIATOR - WARRANTY

22/03/2017 BFO 4846 - GROUP 8 SERVICE - PINK SLIP - 4X TYRES

27/03/2017 BFO 4807 - GROUP 6 SERVICE - PINK SLIP - 4X TYRES

8. ATTENDING EXTERNAL MEETINGS The Works and Engineering Director attended the following meetings during March 2017:

06/03/2017 On site meeting with land developer Bracken Glen

07/03/2017 Chifley Bush Fire Management Committee meeting, Bathurst

15/03/2017 On site meeting with BioWish regarding STP Performance

21/03/2017 IPART – WaterNSW Hearing, Sydney

22/03/2017 Meeting with Upper Lachlan Council and NSW Parks and Wildlife Services regarding the Abercrombie River Bridge project

27/03/2017 LG NSW Forum, Blayney

The Project Engineer attended the following meeting during March 2017 :

21/03/2017 RMS (PEG) meeting, Dubbo

Notes:


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14.04 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES

File No: Governance/Meetings/Ordinary/April 2017 Author: Lynette Safranek, Finance and Community Services Director

Summary This report provides a summary of work within the Finance and Community Services Department during March 2017, plus planned activities for the upcoming months.


Comment 1. PLANNED ACTIVITIES FOR APRIL AND MAY MakerSpace (School Holiday) Program – The Library has introduced MakerSpace programs during the April School Holidays. This program is for all community members, of all ages. The programs will include Easter craft, cake decorating, and sewing craft. Interim Audit – The State Government has appointed the Auditor General to undertake all Local Government audits from 2017. The Auditor General has subcontracted Oberon’s audit to our current auditors, Crowe Horwath, to undertake the audit on the ground. Crowe Horwath will provide Council’s Financial Statements to the Auditor General instead of the Office of Local Government. More information is provided within this report. 2. STATUS OF COUNCIL DECISIONS


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

18 October 2016 ORDINARY COUNCIL MEETING

09 181016 That Council approve the establishment of a Community Garden at the rear of the Oberon Community Hub.

Council’s Grants Officer and Community Services Coordinator are looking for grant opportunities before this project can commence.

Matter Ongoing

10 181016 That Council resolve to accept the draft Community Hub plans and place them on public display for a period of 28 days for public comment.

The Plan has been placed on public display for comment. Plan progressing through DA stage.

Waiting for Construction Certificate to finalise Tender.


11 210217 Council use the Village Improvement funds for Black Springs from 2016/17 and 2017/18 to install a sealed car park the length of the front of the Black Springs Community Centre.

Matter ongoing


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14 210217 That Council adopt the amendments to the 2016/17 Fees & Charges be placed on public display for 28 days and presented to Council for consideration and adoption at the March 2017 Council meeting.

Report to April Meeting

33 210217 That Council write off 50% of the total outstanding rates to a value of $3,392.64 once Council has received written confirmation from the lessee that they will enter into a payment plan for the remaining outstanding balance of $1,201.64.

Report to April Meeting

21 March 2017 ORDINARY COUNCIL MEETING

12 210317 That Council delegate the Finance & Community Services Director to investigate the placement of a portable ice rink within the town of Oberon in line with Council’s Tourism Strategy.

Ongoing

3. FINANCE Fire and Emergency Services Levy (FESL) The NSW Parliament passed the Fire and Emergency Services Levy Bill (NSW) 2017). The State Government has legislated that this FESL levy is to be collected by Councils, alongside rates, from 1 July 2017. The FESL is on top of the 11.7 per cent Emergency Services Levy communities already, and continue to, pay every year via their council rates. A generic letter is being sent to ratepayers from the State Government on 28 April 2017 (copy FOLLOWS) outlining their rating category and frequently asked questions.

2016/17 Financial Audit As mentioned at the beginning of this report, the Auditor General is responsible for all Local Government financial audits. This introduction of the Audit Office into the annual financial audit process is estimated to cost Oberon Council an additional $6,700 for the 2016/17 financial audit. This amount equates to an increase of 12.5% of the standard financial audit. The timetable for the 2016/17 Financial Statements Audit:

- Interim audit starts (on site 2 days) 17 May

- Council gives the Statement and supporting working papers 28 August

- Audit team starts audit (on site 3 days) 6 September

- Audit Office issues Financial Statements to Council staff 10 October

- Council presents audited financial statements and Independent Audit Report at Council meeting 17 October

- Council approves financial reports for lodgement to OLG and public exhibition 17 October

- Audit Office reports any identified significant issues to the Minister in accordance with s421 and s426 of the LG Act By 20 October

- Council submits audited financial statements and the Independent Auditor’s Reports to OLG and the Australian Bureau of Statistics By 31 October

- Audit Office issues final Management Letter Within 6 weeks

The timetable for the 2016/17 Payment of Pensioner Concession Subsidy:

- Council provides the Application and supporting paperwork to auditor September 2017

- Audit team starts audit September 2017

- Council signs and hands Management Rep. Letter to Audit Office October 2017

- Audit Office signs the Independent Audit Report October 2017


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Rates and Charges Following are the Rates and Charges collected during March 2017.

Farmland Residential Rural

Residential Non-urban

Centre Business Total

Total payments, concessions and interest 2016/17

$1,466,293 $1,690,613 $468,402 $125,973 $521,485 $4,272,766

Balance outstanding $449,198 $661,782 $129,814 $35,092 $119,611 $1,395,497

Overpayments -$35,909

Legal charges $1,371

Total rates outstanding

$1,360,959

% collected March 2016

78% 73% 80% 81% 79% 76%

$ collected March 2017

77% 72% 78% 78% 81% 75%

4. COMMUNITY SERVICES Library There were 1,658 visitors to the Library, 1,125 articles issued, 1,107 returns, and 5 loans during March 2017. The public computers had 203 uses, with 36 of these over 65 years old. The Books on Prescription program has seen 14 books borrowed since the launch in August 2016. The Community Display Space for April will be a display of Australian female authors. Oberon Youth Council The OYC Community Fun Run/Walk was held on Saturday 25 March. This event was held in conjunction with Youth Week, Seniors Week and Oberon Healthy Town Challenge, and concluded with a sausage sizzle at the Oberon Democracy Day. There were over 30 participants and the OYC raised over $600.


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Planning will start for the 2018 Community Fun Run/Walk at the OYC April meeting. OYC will register the 2018 Fun Run/Walk with the NSW Runners Association’s calendar to ensure regular runners have the opportunity to participate.

INTERNATIONAL WOMEN’S DAY The Oberon community were invited to enjoy a Mayoral Lunch on Wednesday 8 March 2017, 12pm—2pm at the Robert Hooper Community Centre. There were 40 seats available for community members. It was a free event and all participants received a raffle ticket for a gold coin donation. The theme for 2017 was “Be Bold for Change” Guest speaker Melanie Pearce from the ABC.


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Back to Business Dinner Oberon held a dinner at Mayfield Gardens on Friday 3 March to celebrate and promote local small to medium businesses. The aim was to invigorate our business community in and outside the town. It was an attempt to provide an opportunity for businesses to network with each other. We had 55 businesses attend. Peter McMillan from Regional Development Australia (RDA) provided a presentation on opportunities available for businesses with assistance from the RDA.

Oberon Democracy Day Oberon residents celebrated its inaugural Oberon Democracy Day on Saturday 25 March 2017. It was great to see so many residents and visitors come to the event which was organised by the Oberon Council and Oberon Anti-amalgamation Committee. We had Mickey Pye and various other locals entertain the crowd throughout the afternoon. Thank you to everyone who gave their time and assistance to make the day a success.

UPCOMING COMMUNITY EVENTS 9-20 April 2017 Makerspace (School Holiday Activities)

12 May 2017 Author talk, Julie Ankers

24 May 2017 National Simultaneous Reading

25 May 2017 Oberon’s Biggest Morning Tea – Mad Hatters Tea Party

Notes:

A fairer levy for us all.

Property Details: <Property Address line will be here XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX>

Property ID: <Property ID Data>

Council Assessment #: <Council Assessment Number Data>

Fire and Emergency Services Levy Classification: <FESL Classification Data>

<Lot 1 PS 52XXXXS>, <Lot 1 PS 52XXXXS>, <Lot 1 PS 52XXXXS>, <Lot 1 PS 52XXXXS>, <Lot 1 PS 52XXXXS>,





<Lot 1 PS 52XXXXS>, <Lot 1 PS 52XXXXS>, <Lot 1 PS 52XXXXS>, <Lot 1 PS 52XXXXS>, <Lot 1 PS 52XXXXS>.

<Name><Postal Address Line 1><Postal Address Line 2><Postal Address Line 3><Suburb> <State> <Postcode>

S e r v i c e s Le v y

Fire & Emergency It isn’t new. It’s just fairer.

From 1 July 2017, the NSW Government is introducing a fairer system for funding our community’s fire and emergency services. At present, these services are funded by a levy on insurance, which will be removed from 1 July. From this time, all properties, not just insured properties, will directly contribute to the cost of these services through the Fire and Emergency Services Levy (FESL).

The FESL will be paid alongside your council rates. You will be notified in July of your FESL contribution as part of your council rates notice, or a separate notice for non-rateable properties. Like council rates, you may pay the FESL annually or quarterly.

The FESL paid will, in part, depend on your property’s classification as residential, farmland, industrial, commercial or public benefit, and whether or not the land is vacant. Your council has classified your property for FESL purposes as:

You don’t need to take any action if you agree with the classification of your property.

If you disagree with your property’s classification, you can request a review by contacting <insert council name here on (phone) or by emailing (email)>.

Where you are dissatisfied with this review, you may appeal to the Land and Environment Court. If a change to your land classification is made by council, they will advise you within 30 days from the date this change occurs.

FESL rates will be published by 30 April 2017, and a FESL calculator will be available at fesl.nsw.gov.au

More information about the FESL can be found on the back of this notice.

What is the Fire and Emergency Services Levy or FESL? The Levy contributes to supporting the work of Fire and Rescue NSW, the NSW Rural Fire Service and the NSW State Emergency Service in protecting the community from fire, flood, storms and other natural disasters.

The FESL will help fund life-saving equipment, fire fighters, staff and volunteers, training, infrastructure and community education activities for our fire and emergency services. The NSW Government and local government also make a direct contribution to funding these agencies.

Why has the levy changed?The cost of the emergency services should be shared more fairly across the community. Currently, only individuals and businesses with property insurance contribute. NSW has the highest rate of non-insurance of all States, so many people don’t contribute, despite these services being available to everybody in our community. Under the new system, all property owners will contribute to the cost of these services.

The level of funding available to the NSW fire and state emergency services will not be affected by this change.

How will I contribute?The FESL will be collected from property owners by local councils. Councils will clearly list the levy as a separate item on your council rates notices or as part of a standalone statement for non-rateable properties. It will be paid at the same time as council rates.

How much will I contribute?FESL contributions in 2017-18 will be based on the budget of the emergency services agencies for the year, your property’s land classification (such as residential, industrial, commercial and farmland) and its unimproved land value on 1 July 2016. FESL rates will be published by the end of April each year and will be available at fesl.nsw.gov.au.

With the levy spread out across the community, it is estimated that the average fully-insured residential property-owner will be better off by $47 per year.

Are there any concessions?Yes, if you are an eligible pensioner receiving a rebate on your land rates, a $50 concession will apply to the FESL.

Will my insurance premiums be cheaper?Insurers should drop residential property insurance prices, on average, by up to 20% when the Emergency Services Levy is removed from insurance policies. The cost of commercial property insurance should fall by even more, up to 30%.

The Insurance Monitor has been set up to make sure insurers do the right thing when the levy is removed. Penalties up to $10 million apply to insurers who charge unreasonably high premiums or engage in false or misleading conduct with the removal of the Emergency Services Levy. Learn more about the Insurance Monitor’s powers and how it’s protecting NSW consumers at eslinsurancemonitor.nsw.gov.au

I paid an emergency services levy on my insurance this year. Am I entitled to a refund?

No. In each financial year, landowners will only make a single contribution. When insurance on a property is renewed at any time during 2016-17, the ESL component is a contribution to the cost of fire and emergency services for the twelve months ending in June 2017. When the FESL commences in July 2017, landowners will contribute to fire and emergency services funding for 2017-18. Your FESL contribution each financial year is unrelated to the term of your insurance.

How is vacant land defined?Residential, industrial or commercial may be classified as vacant where there are no buildings or structures on the land that are being used (or could be used) for a residential, industrial or commercial purpose; and the land is not being used for storage or treatment of goods, materials or any other thing. If you believe your land should be classified as ‘vacant’ and this is not shown on this notice, contact your council.

If I don’t normally pay council rates, why am I getting this letter?Properties that are not rateable still benefit from the activities of our emergency services and should contribute their fair share of the cost of these services. The owners of these properties will benefit from lower insurance premiums.

The Fire and Emergency Services Levy.It isn’t new. It’s just fairer.The NSW Government has introduced a fairer system for collecting the levy that helps fund our community’s fire and emergency services.

S e r v i c e s Le v y

Fire & Emergency It isn’t new. It’s just fairer.

If you need further information visit fesl.nsw.gov.au, or phone the FESL information line on 1300 78 78 72.


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14.05 STATEMENT OF INVESTMENTS

File No: Financial Management/Investments/Register Author: Lisa Koleda, Management Accountant; Lynette Safranek, Finance & Community Services Director

Summary Reporting the Statement of Investments as at 31 March 2017.


Comment Interest accrued on active investments for the month of March 2017 came to $26,312 with an average interest rate of 3.04% performing above the 90 day Bank Bill Swap Rate of 1.79%. Current interest accrued at the end of March 2017 on active Term Deposits totals $118,844. Interest receipted for the month of March 2017 was $37,072 on matured Term Deposits. Total year to date interest receipted on matured investments is $305,828 which compares favourably with Council’s 2016/17 budget of $180,000. This amount includes a yearly interest payment for ongoing NAB term deposits of $44,320 and $38,069 of CBA interest received on three ongoing individual investments with five year terms paying interest quarterly. The Reserve Bank of Australia has left the cash rate unchanged at 1.50 per cent at its meeting on 4 April 2017. Core Inflation remains low. Most measures of business confidence are at or above average. Lenders have recently announced increases in mortgage rates, in particularly those held by investors. Financial institutions continue to be in a good position to lend. Financial markets have been functioning effectively. The annualised monthly return chart below indicates that interest on 2016/17 term deposit monthly return has started to turn the corner with a slight increase during March 2017.

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

16/17 90 Day BBSW

16/17 TD % Monthly Return

15/16 90 Day BBSW

15/16 TD % Monthly Return


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At 31 March 2017 - $11,300,000 was invested as shown in the following Statement. Total Cash at

call being $12,977,631.63

Institution Date of

Investment Interest

rate Date of Maturity Value

Cash at Call

CBA Business Online Saver 801,843.47

CBA Business At Call 651,298.34

NAB Business Online Saver 224,489.82

Total 1,677,631.63

Active Term Deposits

Reliance Bank 3/09/2016 3.00% 5/04/2017 500,000.00

AMP Bank 16/11/2016 2.70% 17/05/2017 500,000.00

Bank of Queensland 21/11/2016 2.80% 23/05/2017 500,000.00

AMP Bank 31/05/2016 3.00% 31/05/2017 500,000.00

My State Bank 7/12/2016 2.85% 7/06/2017 500,000.00

People’s Choice CU 14/12/2016 2.80% 14/06/2017 500,000.00

Auswide Bank Ltd 26/10/2016 2.75% 25/07/2017 500,000.00

AMP Bank 25/01/2017 2.80% 25/07/2017 500,000.00

Family First Credit Union 7/11/2016 2.90% 7/08/2017 500,000.00

Bank of Queensland 18/01/2017 2.75% 17/08/2017 500,000.00

Intech Bank Ltd 9/03/2017 2.80% 6/09/2017 500,000.00

AMP Bank Ltd 9/03/2017 2.75% 7/09/2017 500,000.00

Intech Bank Ltd 9/03/2017 2.80% 9/10/2017 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

Commonwealth Bank (5yr TD) 30/06/2016 4.40% 30/06/2021 500,000.00



Total $11,300,000.00

Total Cash at Call $12,977,631.63


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Investment movements for March 2017 saw the maturity of four term deposits, one for the National Australia Bank, two for AMP Bank, and one for My State Bank.

Institution Date invested

Rate Maturity date

Amount Interest earned

My State Bank 5/09/2016 2.65% 8/03/2017 500,000.00 6,679.45

AMP Bank 9/08/2016 2.95% 9/03/2017 500,000.00 8,567.12

National Australia Bank 20/07/2015 2.95% 20/03/2017 500,000.00 9,819.89

AMP Bank 23/08/2016 2.95% 21/03/2017 500,000.00 8,486.30

Total Interest earned $33,552.76

March was productive with five new term deposits placed, two with AMP, one with Family First Credit Union, and two with a new financial supplier Council has been monitoring over the last few months being Intech Bank.

Institution Date of

Investment Interest

rate Date of Maturity Value

Intech Bank Ltd 9/03/2017 2.80% 6/09/2017 500,000.00

AMP Bank Ltd 9/03/2017 2.75% 7/09/2017 500,000.00

Intech Bank Ltd 9/03/2017 2.80% 9/10/2017 500,000.00


AMP Bank Ltd 15/03/2017 2.75% 25/11/2017 500,000.00

Total $2,500,000.00

Note: Intech Bank has been operating for more than 50 years. A division of Bank Australia, one of Australia’s largest customer owned banks. Intec Bank’s current rating is BBB+, which is in accordance with Local Government requirements. 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


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14.06 GRANTS MONTHLY UPDATE

File No: Governance/Grants/April 2017 Author: Gillian Salmon, Grants Coordinator

Summary This report provides a summary of Grant Funding applications and submissions, both internal and external, during March 2017.


Comment 1. SUCCESSFUL GRANT APPLICATIONS AND FUNDING NOTIFICATIONS NATURAL DISASTER RELIEF Council was officially advised on 21 March 2017 about grant allocations from Roads and Maritime Services for the Natural Disaster Relief funding for the restoration of Flood Damage to Regional and Local Roads following the 20 July 2016 Food and Storm Event. The grants awarded total:

$44,370 for Regional Roads Emergency Works

$360,773 for Local Roads to assist with restoration works. There is currently $239,773 of Local Roads restoration work yet to be completed. 2. GRANT APPLICATIONS IN PROGRESS AND CURRENT GRANT OPPORTUNITIES COUNCIL ROADSIDE RESERVES Local Government NSW has developed a Council Roadside Environmental Management Framework (CREMF) which aims to streamline roadside environmental management in councils. A total of $1.46 million is available to NSW local councils through a contestable grant process. Grants of up to $50,000 are available to support projects that trial aspects of the new framework including a Rapid Assessment Methodology (RAM) to map roadside vegetation. Well managed roadside reserves can deliver benefits to councils and the environment including:

Cost savings: reduced maintenance, mowing and weed control and prevention of road pavement waterlogging.

Safety: reduced road accidents from headlight glare.

Environment: conservation of wildlife habitat, reduction of seed source for weeds, conservation of endangered ecological communities.

Community and Tourism Values: enhanced scenic amenity, cycling and walking and rest stops.

On 5 April 2017 the grants coordinator attended an information session in Dubbo about the Council Roadside Reserves Project. Oberon Council will submit a grant application to engage a environmental and ecology consultant to develop a Roadside Vegetation Management Plan (RVMP) using the CREMF methodology. Once adopted, the strategic RVMP will be embedded into Council’s IP& R framework.


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Estimated cost of this project is $30,000 with no matching requirement from Council. Grant applications will be assessed against applications from similar sized councils (based on population) to ensure all councils have an opportunity to receive funding. Applications close on 9 May 2017. BRIDGES RENEWAL PROGRAMME Round Three of the Bridges Renewal Programme is now open. The objectives of the Programme are to upgrade and repair bridges to enhance access for local communities and facilitate higher productivity vehicle access. Proponents must contribute at least 50 per cent of costs to the project. Council staff are investigating the feasibility of applying for a Bridges Renewal grant to replace the bridge on Edith Rd east of Dudley Street. If successful, construction must be scheduled to start by 1 July 2018 and be completed by 31 December 2019. RESTART NSW REGIONAL GROWTH Council has provided a letter of support to the Jenolan Karst Conservation Reserve for funding to revitalise Jenolan Caves as an iconic regional tourist destination as part of the Environment and Tourism Fund. 3. GRANT APPLICATIONS SUBMITTED SMALL GRANTS FOR RURAL COMMUNITIES (SGRC) The Foundation for Rural & Regional Renewal grant application was submitted on behalf of Friends of Oberon Library (FOOLs) on 30 March 2017 to purchase an outdoor movie system that could be used for a variety of community functions including movie nights and training sessions at the Oberon Pool or Youth Council events. Total cost of the project will be $6,072 The following tables summarise the status of current grant applications. External Grants

Submitted Details/Description of Project Grant Program Grant Amount

Status

22 April 2016 Upgrade Facilities at Oberon Golf Club house

Stronger Communities Program

$20,000 Consent Authority now received

22 July 2016 Oberon RSL Sub Branch Military Museum Expansion

Community Development Fund War Memorial Grants Program.

$50,000 Pending

30 March 2017

Outdoor Movie equipment for Friends of Oberon Library

Small Grants for Rural Communities

$4,572 Pending

Internal Grants

Submitted Details/Description of Project Grant Program Grant Amount

Status

24 Feb 2017 New Spectator Seating at Oberon Pool Complex

Veolia Mulwaree Trust $18,196 Pending


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4. GRANT PROJECT IMPLEMENTATION

SAFER STREETS CCTV CAMERA NETWORK - Installation of the new CCTV network in Oberon Street is nearly complete. Safety Camera signs will be installed on the five main road entrances into Oberon advising the public that Community Safety Cameras operate in Oberon helping to keep our town safe. WATER REFILL STATIONS - The new water bottle refilling stations have now been installed. Council are looking at replacing the last three water bubblers throughout the town during 2017/18 financial year. GREEN ARMY PROJECT - Environmental works that form part of the Council hosted Green Army Grant are due for completion by 18 April 2017, when a graduation ceremony will be held at the Oberon Community Centre. Participants will be presented with certificates to acknowledge the fantastic environmental work that the team have done during the 22 week programme. 5. ANNUAL GRANTS CALENDAR FOLLOWING is a calendar of expected grant opportunities for the current calendar year. The calendar will allow councillors and staff time to identify potential projects, well in advance of anticipated grant opportunities being announced by our local members. It is anticipated that this calendar will provide Council staff with sufficient time to prepare thorough and accurate grant applications. Councillors are encouraged to advise the Grants Coordinator of any new grant opportunities that are not included on the Grants Calendar.

Notes:

Grant Programme Calendar

Applicationsopen Program Funding body Purpose Eligibility $ on offer Co-contribution

Building Better Regions Fund Federal Community Infrastructure, eg Grandstands Local Government, Not for Profits $20,000-$10m $:$ (cash only)Veolia Mulwaree Trust Other Community infrastructure Local Government, Not for Profits $ 2,000-$25,000 Some $ required from

applicantPublic Reserves Management Trust Crown Lands New infrastructure or upgrades. Pest and Weed

managementManagers of crown reserves,Showgrounds, Caravan Parks

$2,000-$150,000

Some contribution

NSW Community Safety Fund State Crime prevention, eg CCTV Local Government, community groups Up to $250,000 SomeDestination NSW Fund State Regional Flagships - Event Local Government, tourism groups $20,000 Matched $:$FRRR - Small Grants for Rural Communities Other Community facilities, arts events, social,

environment, education and cultureNot for profits, community groups Up to $5,000 Some

Heritage Near Me State Heritage Action Grants Owners/managers of heritage items Open SomeLandcare Australia Habitat Restoration Grants Federal Protecting and enhancing Australia’s biodiversity

assetsVolunteer community based groups Up to $10,000 In kind volunteer work

Holden Home Ground Advantage Other Sport and Rec Facilities Sports clubs Up to $250,000 SomeRegional Growth Environmental and TourismFund

State: RestartNSW

Major Tourism Infrastructure Local Govt or community organisations Over $500,000 Matched $:$BCR >1.0

Community War Memorials Fund State: NSW DVA Conservation, repair War Memorials RSL Branches Up to $10,000 Some

Commonwealth Bank Community Grants Other Wellbeing of Australian Youth Community Orgs with DGR status Up to $10,000 SomeRecreational Fishing Trust NSW: DPI Fishing infrastructure Fishing clubs Not stated someBridges Renewal Programme Federal Bridge upgrades and repairs eg Edith Rd Bridge. Councils Up to $2 million $:$, cannot be co

funded by otherFederal funds eg R2R

April VMT Other Community Infrastructure Local Government, Not for Profits $2,000-$25,000 Some

Keep Australia Beautiful Grants Coca Cola Recycling of Beverage Containers Local Govt or Community Orgs Up to $20,000 SomeFRRR CATCH grants Other Culture Arts Tourism and Community Heritage Not for Profits $1,000 -

$20,000Some

Country Arts Support Program State Arts Workshops or events Local Government, Not for Profits $3,000 Some in kind/cashCommunity Building Partnerships State Community Infrastructure Local Government, Not for Profits Up to $15,000 $:$ for councilsHeritage Grants State: OE&H Heritage Advisor Local GovernmentSeniors Week State Seniors activities Local Government Up to $1,000 $:$Emergency Relief State Emergency Relief Infrastructure Local Govt and Service Organisations NAHabitat Action Grants State Fish Habitat enhancement Fishing clubs, councils various SomeLocal Sports Grant Program State Facility Development Spots Clubs, Not for profits Up to $20,000 Some (the higher the

better)20 Million Trees National Landcare Federal: Dept &

EnvironmentTree planting and willow clearing Community Organisation Landcare Groups Around

$100,000Some volunteercontribution

Country Passenger Transport Infrastructure(CPTIGS)

State: TransportNSW

Public Transport Facilities, eg bus stops Local Government tbc

Destination NSW Incubator Grants State New Tourism Events Local Government tourism organisations

Network and Safety works State: RMS Cycle ways and Pedestrian Facilities Local Government various $ : $Volunteer Grants Federal: DSS Computers, training, fuel costs Community organisations

Dec Youth Week State Youth Week Local Government $1,230 $ : $

TBA Fixing Country Roads R3State: RestartNSW

Road Upgrades, Freight Routes, eg Meadows Roads Up to $2.5mSome – can be fromR2R

Sept

Oct

Nov

January

February

March

May

June

August


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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 March 2017.


Comment 1. WEEKLY OBERON DAM LEVELS The following is a weekly dam level recording for Oberon Dam, information supplied by State Water:

06/03/2017 91.9%

13/03/2017 91.3%

20/03/2017 91.1%

28/03/2017 91.4%

2. WATER CONSUMPTION FROM WATER NSW 01/03/2017 – 05/03/2017 = 8.8 ML 06/03/2017 – 12/03/2017 = 11.6ML 13/03/2017 – 19/03/2017 = 11.30ML 20/03/2017 – 26/03/2017 = 10.3ML 27/03/2017 – 31/03/2017 = 7.9ML 49.9 ML of raw water for March 2017 was consumed from Water NSW.

The March 2017 Average Daily Consumption for Oberon Township was 49.9 ML/31 Days = 1.61 ML p/d Note: The Average Daily Water Consumption trend is 1.60ML p/d

3. WATER & SEWERAGE FAULTS No reports of discoloured drinking water, water odour, water main breaks or taste issues logged in Council’s complaints system during the month of March 2017 There were no reports of faults with the sewerage reticulation system during the month of March.


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4. SEWER PLANT – WEEKLY PLANT kL INTAKE FOR TREATMENT OF WASTE WATER 01/03/2017 – 05/03/2017 = 4001 kL 06/03/2017 – 12/03/2017 = 5763 kL 13/03/2017 – 19/03/2017 = 5812 kL 20/03/2017 – 26/03/2017 = 6894 kL 27/03/2017 – 31/03/2017 = 4261 kL

Total Waste Water volume into Oberon STP during March 2017 was 26731 kL

5. PLANT FAULTS At the water treatment plant a level sensor in Reservoir 1 failed and was replaced. 6. PLANT UPGRADES AND PREVENTAIVE MAINTENANCE PROGRAM Water Treatment Plant : Preventative maintenance on all equipment completed for the month. All online instrumentation has been calibrated. On-line Telemetry System upgrade between Water NSW and Oberon WTP is now commissioned and communicating. Sedimentation geotube bag has been removed from the drying beds, new geotube bags to be installed in the coming weeks. Safety equipment around the site has been inspected with no faults recorded. Chemical storage bunding area has been checked, removal of out of date product and general area maintenance completed. Water Filters 2 and 3 have been cleaned and inspected with 100mm of sediment observed, average collection. Waste Water Treatment Plant : The Trickling filter arms have been cleaned of debrie and greased. Preventative maintenance on all pumps around the site. Safety equipment has been inspected with no faults recorded. Renewed thermostats and Solenoids for digester heating system. Pump Stations : All pumps stations have been checked. New telemetry unit has been installed at SPS2 (Duckmaloi Rd pump station) and now is communicating back to the SCADA.


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All pump station sites are now observed through the SCADA system allowing us to monitor and be notified of any faults. Recent inspection of SPS2 Duckmaloi Road has found the pump lifting rails have corroded and come away from the mounting brackets. Replacement of the pump rail slides will be required to be undertaken as soon as possible. SPS3 (Bounty St) has faulty level controls (floats) replacements have been ordered and for the time being operators will check the level and pump when warning light is flashing.

Notes:


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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. There are no Closed Session Reports listed for Council’s consideration.

17. CLOSURE OF MEETING

The Mayor will declare the meeting closed. The next Ordinary Meeting of Oberon Council will be held on Tuesday 16 May 2017 commencing at 5.30pm in the Oberon Council Chambers, 137 – 139 Oberon Street, Oberon.

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