agenda and business papers oberon council ......recommendation: that the minutes of the ordinary...

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

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AGENDA AND BUSINESS PAPERS Oberon Council Ordinary Meeting Tuesday 18 December 2018 Commencing at 5.30pm at the Oberon Council Chambers

Oberon Council - Agenda and Business Papers – Ordinary Meeting – 18 December 2018

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Agenda Items page

1. OPENING OF MEETING ......................................................................................................... 5

2. ACKNOWLEDGEMENT OF COUNTRY .................................................................................. 5

3. PRAYER .................................................................................................................................. 5

4. RECORD OF ATTENDANCE .................................................................................................. 5

5. DECLARATIONS OF INTEREST ............................................................................................. 6

6. PRESENTATIONS ................................................................................................................... 7

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

8. CONFIRMATION OF MINUTES .............................................................................................. 7

9. MAYORAL MINUTE AND REPORT ........................................................................................ 8

09.01 MAYORAL MINUTE AND REPORT ............................................................................ 8

10. NOTICES OF MOTIONS ....................................................................................................... 12

11. COUNCILLOR AND DELEGATES REPORTS ....................................................................... 12

11.01 CENTROC AGM/BOARD MEETING AND CENTRAL NSW JOINT ORGANISATION

BOARD MEETING – 22 NOV 2018 ........................................................................... 12 11.02 BLACK SPRINGS COMMUNITY ASSOCIATION MEETING – 12 NOV 2018 ............ 25 11.03 OBERON ARTS COUNCIL – 26 NOV 2018 .............................................................. 26 11.04 OBERON BUSINESS AND TOURISM ASSOCIATION MEETING 14 NOV 2018 ...... 29

12. COMMITTEE REPORTS ....................................................................................................... 41

12.01 LOCAL EMERGENCY MANAGEMENT COMMITTEE .............................................. 41 12.02 TRAFFIC ADVISORY LOCAL COMMITTEE ............................................................. 45 12.03 HERITAGE COMMITTEE ......................................................................................... 51

13. REPORTS FOR DECISION ................................................................................................... 56

13.01 DEVELOPMENT APPLICATION 10.2014.70.1 STAGED RURAL RESIDENTIAL - FORTY-FIVE (45) LOT SUBDIVISION ...................................................................... 56

13.02 PROPOSED CROWN ROAD CLOSURES ............................................................. 104 13.03 ROAD CLOSURE O’CONNELL RD – RFS FIRE SHED LOCATION ...................... 106 13.04 ALCOHOL FREE ZONES ....................................................................................... 109 13.05 HERB DAVID PARK PLAY EQUIPMENT UPGRADE – RUBBER SOFTFALL ........ 110 13.06 BOX ELDER TREES JENOLAN STREET & BRENNAN CRESCENT ..................... 111 13.07 DRUG AND ALCOHOL POLICY – POLICY 2119 ................................................... 118 13.08 COUNCIL SECTION 355 COMMITTEES & MANUAL ............................................. 119 13.09 DEVELOPMENT APPLICATION 10.2018.81.1 – EXTRACTIVE INDUSTRY

(QUARRY) .............................................................................................................. 122 13.10 DEVELOPMENT APPLICATION 10.2018.87.1 –CONSTRUCTION OF A SHED .... 138 13.11 MODIFICATION APPLICATION 10.2018.64.2 – CELLAR DOOR WAREHOUSE ... 142 13.12 DEVELOPMENT APPLICATION 10.2018.95.1 –CONSTRUCTION OF A CARPORT145 13.13 DEVELOPMENT OF NEW COMMUNITY STRATEGIC PLAN UPDATE ................. 149 13.14 DROUGHT COMMUNITIES PROGRAMME ........................................................... 152 13.15 OBERON STREET ACCESSIBLE PARKING UPGRADE ....................................... 156 13.16 WATER USAGE – DROUGHT ASSISTANCE......................................................... 159

14. REPORTS FOR INFORMATION ......................................................................................... 161

14.01 MONTHLY ACTIVITY REPORT – GENERAL MANAGER ...................................... 161 14.02 MONTHLY ACTIVITY REPORT – PLANNING & DEVELOPMENT ......................... 169


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14.03 MONTHLY ACTIVITY REPORT – TECHNICAL SERVICES ................................... 177 14.04 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES .............. 184 14.05 STATEMENT OF INVESTMENTS .......................................................................... 188 14.06 GRANTS MONTHLY UPDATE ............................................................................... 191 14.07 GRANTS UPDATE – SAFE & SECURE WATER – OBERON STP .......................... 196 14.08 WATER AND SEWER PLANT REPORT ................................................................. 208

15. URGENT BUSINESS ........................................................................................................... 217

16. CLOSED SESSION / CONFIDENTIAL REPORTS .............................................................. 217

16.01 TENDER T2018/7 – GUARD RAIL INSTALLATION ABERCROMBIE ROAD .......... 218 16.02 PROPERTY & LAND DEVELOPMENT – LAND PURCHASE – BURRAGA ............ 218 16.03 LEGAL MATTERS .................................................................................................. 218 16.04 OBERON EVENT OPPORTUNITIES ..................................................................... 218 16.05 RATES WRITE OFF – ASSESSMENT 12380723 ................................................... 219

17. CLOSURE OF MEETING .................................................................................................... 219


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1. OPENING OF MEETING

The Mayor will welcome members and declare the meeting open.

2. ACKNOWLEDGEMENT OF COUNTRY

Council acknowledges that this meeting is being held on the traditional lands of the Wiradjuri and Gundungurra People, and respects the history and culture of the elders both past and present.

3. PRAYER

The Meeting will be opened in prayer.

4. RECORD OF ATTENDANCE

Members Mayor Kathy Sajowitz (in the Chair) Deputy Mayor Kerry Gibbons Clr Don Capel Clr Mark Kellam Clr Brenda Lyon Clr Clive McCarthy Clr Mick McKechnie Clr Andrew McKibbin

Staff Gary Wallace, General Manager Shane Wilson, Planning and Development Director

Lynette Safranek, Finance and Community Services Director Chris Schumacher, Technical Services Director

Sharon Swannell, Executive Coordinator Leave of Absence Clr Ian Doney


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5. DECLARATIONS OF INTEREST

File No: Governance/Councillors/Declarations of Interest

A GUIDE TO ETHICAL DECISION-MAKING

(Provided by the Independent Commission Against Corruption)

Is the decision or conduct legal?

Is it consistent with Government policy, Council’s objectives and code of conduct?

What will the outcome be for you, your colleagues, the Council, anyone else?

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny? A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

Pecuniary – regulated by the Local Government Act and Department of Local Government

Non-pecuniary – regulated by codes of conduct and policy. ICAC, Ombudsman, Department of Local Government (advice only)

The test for conflict of interest:

Is it likely I could be influenced by personal interest in carrying out my public duty?

Would a fair and reasonable person believe I could be so influenced?

Conflict of interest is closely tied to the layperson’s definition of “corruption” – using public office for private gain

Important to consider public perceptions of whether you have a conflict of interest Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role? Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned. When making a Declaration of Interest the reason for making the declaration should be clearly stated. Pecuniary and Non-Pecuniary Significant Interests should be managed by leaving the room while the matter is considered. Pecuniary -

Non-Pecuniary Significant

-

Non-Pecuniary Less than Significant

-


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6. PRESENTATIONS

A presentation will be provided by David Young, General Manager Upper Macquarie County Council. A presentation will also be provided by Donna Galvin, Galvin Consulting outlining the Draft CSP process.

7. QUESTIONS FROM THE PUBLIC

The community is to be given the opportunity to ask questions at the commencement of the council meeting, and the Mayor is to ask for questions from the gallery prior to the commencement of the ordinary meeting. Members of the public wishing to address Council are permitted to do so provided the following guidelines are adhered to. 1. The person asking the question at the Council meeting must clearly state their name and in

what capacity they are acting.

2. If the person asking the questions is acting as another person/organisation’s agent they must advise Council if they have their prior consent/authority.

Questions from the public is not an opportunity for debate with elected representatives or staff, there are other forums to facilitate this; it is an opportunity for the community to ask a question in relation to an issue or put a point of view relating to an issue that may be causing interest or concern. Due to time constraints a time frame of three minutes per speaker is allocated. All questions and comments must be directed through the Mayor and in the instance of a question, if it cannot be answered it will be taken on notice and a response given within a reasonable period of time. This is the only opportunity for a community member to address Council during an Ordinary Meeting. None received.

8. CONFIRMATION OF MINUTES

Ordinary Meeting 20 November 2018 ATTACHED is the Minutes of the Ordinary Council Meeting held on 20 November 2018. Recommendation: That the Minutes of the Ordinary Meeting held on 20 November 2018 be confirmed. Matters Arising from the Minutes Nil


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9. MAYORAL MINUTE AND REPORT

09.01 MAYORAL MINUTE AND REPORT

File No: Governance/Meetings/Ordinary Author: Clr Kathy Sajowitz, Mayor

Summary This report summarises the main activity for the Mayor since my last report.

Recommendation That Report Item 09.01 is received as information.

A. Meetings 14 Nov 2BS Radio Interview

14 Nov Oberon Business and Tourism Association AGM & Meeting

15 Nov Traffic Advisory Local Committee Meeting

19 Nov The Hon Paul Toole MP – Stronger Country Communities Round 2 Funding Announcement – Community Fitness Centre and Oberon Pool Complex Upgrades

19 Nov Australia Day Working Party Meeting

20 Nov Ordinary Council Meeting

21 Nov 2BS Radio Interview

21 Nov Councillor Community Strategic Planning Workshop

22 Nov Centroc Board Meeting – Mayfield Garden

23 Nov Nick White, DPC

23 Nov Community Strategic Plan pop up session

24 Nov Oberon 2040 Futures Forum

26 Nov Grants Commission Presentation

26 Nov Greg Bourne, Oberon Tarana Heritage Rail update

26 Nov Oberon Arts Council Meeting

27 Nov Meet with Mathew Webb, Tourism and Economic Development Manager re Events

28 Nov 2BS Radio Interview

29 Nov NSW Community Cabinet Meeting, Lithgow & Meeting with The Hon Melinda Pavey MP, Minister for Roads on behalf of Centroc

29 Nov Keith Sullivan, Chris Freeman and Racheal Maher re Oberon Post Office

30 Nov Oberon Local Government Golf Day

3 Dec Fallon Gray – Public Health Network re Oberon Health Profile

4 Dec Sue Clarke – Waste 2 Art

4 Dec The Hon Paul Toole MP – Stronger Country Communities Round 2 Funding Announcement – OTHR Platform Project

4 Dec Superintendent Paul McDonald & Chief Inspector Sammut Chifley Police

5 Dec Brendan May, Shooters Fishers Party Candidate

5 Dec 2BS Radio Interview

11 Dec Councillor Informal Briefing Session


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B. Representation 15 Nov Oberon Correctional Centre Young Offenders Graduation Ceremony – Clrs Kellam

and Capel attended

16 Nov Oberon Public School Colour Run

21 Nov Oberon Hospital Auxiliary Lunch

21 Nov Centroc Board Dinner

23 Nov Oberon Business Awards Dinner

25 Nov Oberon Arts Council 66ers concert

28 Nov Paul Toole MP – NSW Cabinet visit event

29 Nov Oberon Correctional Centre Remembrance Day Ceremony – attended by Clr Capel

29 Nov Councillor Christmas Dinner

4 Dec Rotary Men’s Health Presentation

4 Dec Oberon High School end of year presentation

5 Dec Oberon Anti-amalgamation Committee Dinner

6 Dec Black Springs Public School end of year presentation

7 Dec Oberon Little Athletics Christmas Carols

9 Dec O’Connell Fish River Festival

10 Dec Black Springs Public School end of term assembly

11 Dec Friends of the Oberon Library Christmas lunch

C. Correspondence 14 Nov Invitation to attend the O’Connell Public School end of year presentation being held

on Tuesday 18 December 2018.

15 Nov Greg Bourne, Oberon Community Strategic Plan community forum and seeking update regarding carpark at the Oberon Museum precinct.

16 Nov The Hon Gabrielle Upton MP Media Release – Council Meetings go live.

17 Nov Chris Freeman raising concerns about social media comments ensuring they are not associated with the anti-fluoridation committee.

19 Nov Correspondence forwarded to Philip Anderson, DPC invitation to visit Oberon.

19 Nov Correspondence forwarded to Mike O’Brien advising of the outcome of discussions regarding accessible parking places in Oberon Street at the Local Traffic Advisory Committee Meeting. Further response received from Mike O’Brien regarding this matter.

19 Nov Invitation to attend the Community Cabinet Meeting being held in Lithgow on Thursday 29 November 2018.

20 Nov Racheal Maher seeking a meeting to discuss works proposed for the carpark at the front of the Black Springs Community Hall.

21 Nov Correspondence forwarded to Chris Freeman in response to questions raised at the November Ordinary Council Meeting.

21 Nov Chris Freeman regarding attending the Central NSW Joint Organisation of Council’s Meeting being held in Oberon on 22 November.

21 Nov Jacki Risby, TAFE Services Coordinator letter of introduction to services available.

23 Nov Invitation to attend the Oberon Correctional Centre Remembrance Day Ceremony being held on 29 November 2018.

23 Nov Invitation to attend the Oberon High School end of year presentation evening being held on 4 December 2018.


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23 Nov The Hon Stephen Jones MP, Shadow Minister for Regional Services, Territories and Local Government response to concerns raised with Senator Kristina Keneally.

25 Nov Hardy Draheim - lead poisoning and flushing of reticulated water supply.

25 Nov Hardy Draheim - Oberon in 2040 vision and feedback regarding community forum.

25 Nov Robert Warneford regarding noise at Shooters Hill Motocross Track.

26 Nov Correspondence forwarded to Jacque Wright regarding the Oberon 2040 planning session and Council delegates attending the Burraga and District Community Association Meetings

26 Nov Andrew Beattie raising concerns about Council’s handling of the proposed development of 175 Titania Road subdivision.

26 Nov Andrew Gee MP regarding funding for roads in the Oberon area under the Roads of Strategic Importance initiative.

27 Nov Correspondence forwarded to community representatives who attended the Oberon 2040 community forum thanking them for their attendance and inviting submissions into the process.

27 Nov Department of Home Affairs advising of the release of a 70 years of Citizenship in Australia commemorative coin.

27 Nov Christine Symington sending apology for inability to attend the Oberon 2040 Community Forum

28 Nov The Hon Dominic Perrottet MP, Treasurer and Minister for Industrial Relations regarding parking fine concessions for constituents.

28 Nov Sig Sovik regarding development proposal at 175 Titania Road, raising concern about the proposal being presented to the December Council Meeting and providing a copy of submissions to Councillors.

28 Nov Scott Bourne, Murray Darling Association consultation invitation - Floodplain Harvesting Monitoring and Auditing Strategy.

28 Nov Kathy Wooley, Western Research Institute – proposal re Unrateable Land impact.

28 Nov Hardy Draheim – what differentiates Oberon from other areas – information for the Oberon Community Strategic Plan.

28 Nov Maree Arrow – follow up from Oberon 2040 Community Forum.

29 Nov Keith Sullivan – follow up from meeting held regarding Oberon Post Office community noticeboard.

30 Nov Luke Homann, Director Central West and Orana Freight, Strategy and Planning, Transport for NSW follow up regarding request to visit Oberon.

30 Nov Invitation to attend the Oberon Hospital Auxiliary Christmas lunch being held on Friday 21 December 2018.

30 Nov Christine Symington providing an update of drug related issues and security protocol in place at the Oberon MPS

2 Dec Correspondence forwarded to Superintendent Paul McDonald Chifley Police seeking a meeting to discuss community concerns around policing in Oberon.

3 Dec Correspondence forwarded to Jenny Bennett, Centroc providing an update regarding a meeting held with the Hon Melinda Pavey MP, Minister for Transport about transport routes over the Blue Mountains.

3 Dec Correspondence forwarded to the Hon Peter Dutton MP invitation to attend a Citizenship Ceremony being held on Australia Day 2019.

4 Dec Trish Forsyth, O’Connell Community Group regarding the opportunity for a Council Delegate to attend future meetings of the group.

6 Dec Sue Clark Waste 2 Art regarding the opportunity for workshops for the Regional Waste 2 Art Exhibition being held in Oberon in 2019.


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6 Dec Andrew Gee MP follow up regarding community hub funding commitment.

7 Dec Ken Gillespie, Regional Infrastructure Coordinator, letter of thanks during the project.

9 Dec Chris Freeman seeking response to questions in relation to fluoridation.

Notes:


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10. NOTICES OF MOTIONS

Nil

11. COUNCILLOR AND DELEGATES REPORTS

11.01 CENTROC AGM/BOARD MEETING AND CENTRAL NSW JOINT ORGANISATION BOARD MEETING – 22 NOVEMBER 2018

File No: Governance/Meetings/Ordinary Author: Clr Kathy Sajowitz, Mayor

Summary General Manager Gary Wallace and Mayor Sajowitz attended the Centroc AGM/ Board Meeting and Board Meeting of the CNSWJO held at Mayfield Garden Oberon on November 22 2018. Clr Sajowitz welcomed the Board to Oberon.

Recommendation: That the report item be received and noted.

Comment: Meetings were preceded by a Strategic Workshop facilitated by Western Research Institute to establish a Strategic Plan and a Regional Priorities Plan. It is envisioned that the Draft Documents will be available by December 2018. Some of the Regional Priorities recognised were:

Skill Shortages and Educational Pathways and training opportunities

Staying in touch with council base and core value services, maintaining a strong advocacy voice

Procurement initiatives should continue

Tourism issues including risk associated with area of Destination network Area

Intergovernmental Relationships

Infrastructure, Water Security, Energy and Connectivity, Transport Planning


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CENTROC AGM: Apologies were accepted

Minutes of previous AGM held November 23 2017 were accepted

Chairpersons Report was given (see attached)

Annual Report was tabled

All positions were declared vacant and Oberon GM acting as Returning Officer conducted

the election of Board for 2018/19

Incoming Board

Chair - Clr John Medcalf Mayor Lachlan Shire Council

Deputy Chair – Clr Scott Ferguson Mayor Blayney Council

Treasury of CENTROC – Forbes Shire Council

Secretary – David Sherley GM Bathurst Regional Council.

Board Members – Clrs Reg Kidd, Orange City Council. Graeme Hanger, Bathurst Regional

Council. Ken Keith, Parkes Shire Council. Kathy Sajowitz, Oberon Council. Phyllis Miller,

Forbes Shire Council. Bill West, Cowra Shire Council.

The GMAC executive comprises the General Managers of Board Member Councils. Election of CENTROC Delegates was conducted. (See attached minutes) Appointment of Auditor was confirmed and Financial Statements were presented. Meeting dates for 2019 were set.


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CENTROC BOARD MEETING For full Operational Reports, see attached minutes Summary Transitioning of CENTROC into the Central NSW Joint Organisation (CNSWJO) is going ahead and it is envisioned this will be complete by June 2019. The draft strategic framework for the CNSWJO is progressing and a draft statement of Regional Strategic Priorities and a Communication Plan will be presented by the end of 2018. Work continues in the area of TPT, Energy (Southern Lights Project). See full minutes for updates. CNSWJO BOARD MEETING For full operational reports, see attached minutes Summary New Code of Meeting Practice has been received from NSW Government this document will be presented to the next meeting for adoption. Jo’s do not have to Webcast their meetings. The following projects may be considered as a basis for collaboration with other Jo’s/ROC’s

Southern Lights Project (LED Street lighting and Smart Controls)

Waste to Energy Projects

Crushed glass recycling for road construction projects

Water and Wastewater

Youth employment strategies Organisation will investigate ways to work collaboratively with LGNSW and NSWCMA, discuss membership of LGNSW when that organisation has an EO in place. Financial Report was accepted Meeting Closed

Notes:

Minutes of AGM Thursday 22 November 2018 held in Oberon

Delegates in Bold

1 Meeting opened at 1:42pm Chaired by Cr J Medcalf

2 Apologies Cr M Liebich, Cr K Keith, Cr K Beatty, Cr P Miller, Mr S Loane, Mr G Styles, Mr G Carroll, Cr R Thompson, Mr G Faulkner, Cr J Stafford, Mr J Bell, Cr B Ingram, Dr E Marks, Ms J Andrews,

Resolved Cr B West/Cr R Kidd

That the apologies for the Centroc AGM meeting 22 November 2018 listed above be accepted.

3 Minutes

Ratification of the Minutes of the AGM 23 November 2017

Resolved Cr S Ferguson/Cr K Sajowitz

That the Minutes of the AGM 23 November 2017 be confirmed.

4 Chairperson’s Report – Presentation of the Annual Report

5 Election of new Executive

Cr John Medcalf stepped down from Chair

Mr G Wallace became Returning Officer and advised he had received 6 nominations all of which were in order.

Cr John Medcalf was elected as Chair unopposed.

Cr Scott Ferguson was elected as Deputy Chair unopposed.

Cr G Hanger Bathurst Regional Council Cr K Sajowitz Oberon Council

Mr D Sherley Bathurst Regional Council Mr G Wallace Oberon Council

Cr S Ferguson Blayney Shire Council Cr R Kidd Orange City Council

Ms R Ryan Blayney Shire Council Cr K Boyd Parkes Shire Council

Cr A Durkin Cabonne Council Cr P Best Weddin Shire Council

Mr S Harding Cabonne Council Mr L Gibson Weddin Shire Council

Cr D Somervaille Central Tablelands Water Ms C Weston RDACW

Mr G Rhodes Central Tablelands Water Mr A Albury DPC

Cr B West Cowra Council Ms K Purser OLG

Mr P Devery Cowra Council Ms J Bennett Centroc

Mr S Murru Forbes Shire Council Ms Meredith Macpherson Centroc

Cr J Medcalf Lachlan Shire Council

Mr G Tory Lachlan Shire Council

Resolved Cr J Medcalf/Cr R Kidd

That the Annual Report be received and accepted with copies sent to member Councils for circulation to all Councillors in the region.

Resolved Cr R Kidd/Cr B West

That the Board confirm Mr David Sherley as Executive Secretary and Chair of the General Managers’ Advisory Committee.


That the Centroc Board confirms that Cr K Keith, Cr R Kidd, Cr G Hanger and Cr K Sajowitz being the Mayors from, Parkes Shire Council, Orange City Council, Bathurst Regional Council and Oberon Shire Council as the ordinary members of the Centroc Executive.

The Centroc Board welcomed the balance of the Executive:

Cr B West as immediate past Chair

Cr G Miller and Mr S Loane (Forbes) as Centroc Treasurer

General Managers – Tory (Lachlan), Devery (Cowra), Boyd (Parkes), Styles (Orange) and Ryan (Blayney) forming the balance of the Executive

Cr J Medcalf Assumed Chair

6 Election of Centroc Delegates

Resolved Cr R Kidd/Mr D Sherley

1. Cr S Ferguson will represent Centroc on the Western Region Academy of Sport

2. Charmaine Bennett will represent Centroc on the NSW Council Safe Advisory Network. A second representative will be provided if required.

3. Cr B West, Cr K Keith and Cr P Miller are the representatives for the Regional Strategic Transport

Group

4. Cr J Medcalf and Cr S Ferguson are the representatives for The Western Mining Taskforce

5. Cr J Medcalf and Cr S Ferguson are the representatives for The Outer Sydney Orbital and Castlereagh Connection Corridor Steering Committee

6. Cr D Somervaille be the representative for the Lachlan Water Sharing and Water Resource Plan

Stakeholder Advisory Panel

7. Cr B West be the representative for the Lachlan Valley Water Security Investigations Phase 2 – Community Reference Group

6a Portfolio Mayors


Transport - Cr Ken Keith Water – Cr David Somervaille Health - Cr John Medcalf Regional Development - Cr Bill West Planning – Cr Reg Kidd

7 Appointment of Auditor

Resolved Cr R Kidd/Mr K Boyd

That Intentus be appointed as the Auditor for Centroc.

8 Presentation of the Statement of Finances

Resolved Mr P Devery/Mr D Sherley

That the Statement of Finances for Centroc be adopted.

9 Meeting Dates for 2019

Recommendation/s Mr D Sherley/ Mr K Boyd That the meeting dates for the Central NSW JO Board and any Centroc meetings for 2019 be:

Board

Date Meeting of Time Host

Thursday 28 February Board 9:30 for 10am Orange

Thursday 23 May Board 9:30 for 10am State Parliament

Thursday 22 August Board 9:30 for 10am Federal Parliament

Thursday 28 November Board 9:30 for 10am Parkes

Executive & GMAC

Date Meeting of Time Host

Thursday 31 January Executive 8.30 - 10am Orange

Thursday 2 May Executive 8.30 - 10am Orange

Thursday 25 July Executive 8.30 - 10am Orange

Thursday 24 October Executive 8.30 - 10am Orange

Meeting closed at 2.08pm Page 3 is the last page of the Centroc AGM Minutes 22 November 2018 held in Oberon

Minutes of the Board Meeting 22 November 2018 held at Mayfield Gardens, Oberon

Board Delegates in bold 1. Welcome by Chair John Medcalf 2.36pm

2. Apologies

Cr M Liebich, Cr K Keith, Cr K Beatty, Cr P Miller, Mr S Loane, Mr G Styles, Mr G Carroll, Cr J Stafford, Mr J Bell, Cr B Ingram, Dr E Marks, Cr R Thompson, Mr G Faulkner, Ms J Andrews

Resolved Mr D Sherley/Cr B West

That the apologies for the Centroc Board meeting 22 November 2018 listed above be accepted.

3. Speakers – Nil

4. Minutes

4a Noting of the Minutes of the GMAC Meeting 25 October 2018

Resolved Mr D Sherley/Mr K Boyd

That the Minutes of the Centroc GMAC Meeting 25 October held in Orange be noted.

4b Confirmation of the Minutes of the Board Meeting 23 August 2018 at Parliament House Canberra

Resolved Mr G Wallace/Cr D Somervaille

That the Minutes of the Centroc Board Meeting 23 August 2018 held at Parliament House be confirmed and write to Lt. K Gillespie, Mr Don Murray and the Taskforce Team thanking them for their efforts.

4c Noting of the Minutes of the Centroc Executive Meeting 25 October 2018 at Orange


That the Minutes of the Centroc Executive Meeting 25 October 2018 held at Orange be noted.

5 Business Arising from the Minutes – Matters in Progress

Resolved Mr D Sherley/Mr S Harding

That the Board note the Matters in Progress, making deletions as suggested.














6 Correspondence

6a Correspondence In

Resolved Mr K Boyd/Mr P Devery

That the Board note the incoming correspondence.

6b Correspondence Out

Resolved Mr D Sherley/Mr S Harding

That the Board note the outgoing correspondence.

7 Reports

7a Transport Infrastructure including Bells Line of Road

Resolved Mr K Boyd/Mr D Sherley

That the Board note the Transport Infrastructure Report; and 1. endorse that with regard to a safe swift link between Sydney and Central NSW, the Executive have

sought to have access to any final report under development by Taskforce led by Lt Gen Ken Gillespie and;

a. seek meetings through State representatives, especially Deputy Premier, The Hon John Barilaro;

b. a report be provided to the Joint Organisation Board on ‘game changer’ projects for the $4.2 (Snowy Hydro Fund) billion in line with advice provided by the Hon J Barilaro to media 24 October; and

c. Through the Chair engage with Regional Strategic Alliance (Western Sydney) on the connection between Sydney and Central NSW; and

2. note that a submission to the Sydney Airport Masterplan has been lodged in line with existing policy on retaining regional slots.

7b Water Infrastructure Report

Resolved Cr D Somervaille/Mr K Boyd

That the Board note the Water Infrastructure Report; and 1. Write to Mr Jeremy Voss advising that the raising of the Wyangala Dam wall is a regional priority

with advocacy underway seeking election commitment; 2. Note that the Executive has committed $7,500 towards a scoping study for the Lithgow to Kings

Plain Pipeline and that Cr B West be the Central NSW JO Representative on the steering committee for the Lithgow to Kings Plains Pipeline project.

3. Note that the Executive has approved a submission to the Public consultation on the draft Water Resource Plan and draft Water Sharing Plan for Lachlan Surface Water 2019 to be developed in due course; and

4. Note the meeting with Mr Ashley Albury, DPC to progress the development of an MoU or other document to formalise expectations between NSW Health and the CWUA (on behalf of its members) for Drinking Water Incidents.

7c Health Report

Resolved Cr J Medcalf/Mr D Sherley

That the Board note the Health report and seek a briefing from Orange City Council on its proposed Special Activation Precinct.

7d Regional Development

Resolved Cr B West/Mr K Boyd

That the Board note the Regional Development Report; and 1. Encourage engagement in the Central West Food and Fibre Strategy; and 2. include in its Orange meeting in February 2019 a visit to the Global Agricultural Technology

Ecosystem including a presentation on outcomes from the pitchfest in Sydney in September 2018.

7e Planning Report


That the Board note the Planning Report and endorse the submission made to the Draft Regional Urban Design Guidelines that is broadly supportive of the document though seeks changes to the Central West and Orana snapshot in line with existing Centroc policy.

7f Tourism Report

Resolved Ms R Ryan/Cr B West

That the Board note the Tourism Report; and 1. note the Building Better Regions Application is being recast to include a leadership component

building capacity and collaboration at the Board level in growing the visitor economy including navigating the challenges of drought with the final application approved under the hand of the Chair;

2. commend to members they engage in the campaign under development leveraging public art; and 3. note that a letter of congratulations is being sent to Ms Lucy White on her appointment as

General Manager of Destination Network Country and Outback

7g Operational Report

Resolved Mr D Sherley/Mr P Devery

That the Board note the Operational Report; and 1. Councils receive a proforma report to Council recommending in-principle support be provided to

the Southern Lights Project with the following heads of consideration – project benefits including being part of an aggregated approach, advice on individual Council business cases and funding opportunities;

2. Councils give consideration to being included in the PPA component of the next procurement process for electricity; and

3. Councils receive advice in their Mayoral Board Report on current opportunities in energy programming including a group procure power factor correction and variable speed drives, a group procure of solar and/or battery storage, and a grant application for solar carparks including virtual net metering and electric vehicle charging stations, and request Council’s support in progressing these.

7h Financial report

Resolved Mr K Boyd/Mr D Sherley

That the Board note the Financial Report.

8 Late Reports

Verbal advice was provided by Ms J Bennett 1. Agreeing to circulate advice from the Federal Government on drought and that a

report would come to the next meeting regarding a report by Western Research Institute making recommendations on potential Local Government activity.

2. Noting feedback from the room of the Board’s preference for a meeting with Mr Peter Primrose, and other members of the opposition.

9 Matters raised by members Feedback was that the waste to energy initiative being progressed through Country Mayors should be considered through individual Councils.

10 Speakers to the next meeting The follow-up workshop for the strategy

11 Next Meetings 31 January 2019 – GMAC TBA – Executive 28 February 2019 –Board 28 February 2019 – CNSWJO Board

The General Meeting of the Board closed at 3.14 pm Page 4 is the last page of the Centroc Board Minutes 22 November 2018

Minutes of the Central NSW Joint Organisation meeting 22 November 2018 Mayfield Gardens, Oberon

Attendees, voting members in bold. Meeting opened 2.08pm, Chaired by Chair Cr John Medcalf

Apologies - Cr M Liebich, Cr K Keith, Cr K Beatty, Cr P Miller, Mr S Loane, Mr G Styles, Mr G Carroll, Ms J Andrews,


That the apologies for the Central NSW Joint Organisation Board meeting 22 November 2018 listed above be accepted.

2 Minutes 2a Confirmation of the Minutes of the Central NSW Joint Organisation meeting 23 August 2018 at Parliament House Canberra

Resolved Cr S Ferguson/Cr G Hanger

That the Central NSW Joint Organisation Board confirm the Minutes of the meeting 23 August 2018 held in Parliament House Canberra.

2b Confirmation of the Minutes of the Central NSW Joint Organisation meeting 2 October 2018 at Bathurst Regional Council office via phone conference


That the Central NSW Joint Organisation Board confirm the Minutes of the meeting 2 October 2018 at Bathurst Regional Council office via phone conference.

1. Business Arising from the Minutes – Matters in Progress


That the Central NSW Joint Organisation Board note the Matters in Progress, making deletions as suggested, and bring forward reports;

1. Payment of Expenses and the Provision of Facilities to Board Members Policy; and 2. Code of meeting practice.

3. Report from Joint Organisation Chairs















That the Board note the report from the meetings of the Joint Organisation Chairs and 1. With regard to the priorities identified by the Chairs of the Joint Organisations, Central NSW Joint

Organisation recommends that: a. Effort be undertaken to identify those priorities that ought be progressed through Local

Government NSW and provide this advice to the peak body (LGNSW) accordingly; b. Feedback be provided to the Chairs of Joint Organisations regarding Central NSW Joint

Organisations once these have been finalised through the strategic process; c. This region supports the notion of a Forum of Joint Organisation Chairs for the short-term purpose

of information sharing noting there may be further value once the various Joint Organisations in the State are fully operational; and

2. Endorse the Terms of Reference for the Forum of Joint Organisation Chairs.

4. Regional Priorities

Resolved Cr K Sajowitz/Cr G Hanger

That the Joint Organisation Board note the report on regional priorities, adopt the interim Statement of Strategic Regional Priorities and with regard to the specifics of five priorities for advocacy leading into the State election focus on the following:

1. Support for a safe swift link between Central NSW and Sydney; 2. Raising the wall at Wyangala; 3. Fully funding of the Southern Lights Project; 4. Progressing the Blayney to Demondrille Line; and 5. Recognition of the role of this region in leading the State in the development of Special Activation

Precincts in Parkes, Orange and Bathurst.

5. Working with Local Government NSW

Resolved Cr R Kidd/Cr A Durkin

Note the report and to progress opportunities for collaboration once its new Executive Officer is in place.

6. ALGA priorities support report

Resolved Cr S Ferguson/Cr G Hanger

That the Centroc Board note the report on the Australian Local Government priorities and advocate in their support, in particular; 1. restore Federal Assistance Grants to at least 1% of Commonwealth Tax Revenues; 2. fund the development of the Local Government Higher Productivity Investment Plan starting at

$200m pa for five years; 3. increase R2R funding to $800m and make the Bridges Renewal Program permanent; 4. invest in a Local Government Community Infrastructure Program of $300m pa for four years,

with a separate stream for regional and rural communities; 5. fund a targeted disaster mitigation program of $200m pa for four years; 6. establish a Local Government Climate Change Partnership Fund of $200m pa for four years; 7. invest in a Local Government Place-Based Preventative Health and Activity Program of $100m

over four years; 8. continue to provide at least $5.5bn over the next 10 years for Indigenous well-being; 9. fund a Digital Local Government and Rural / Regional Telecommunications Program of $100m

over four years; 10. develop a national waste and resource recovery strategy underpinned by circular economy

principles, the waste hierarchy, product stewardship and extended producer responsibility; 11. reinstate a nation governance model that addresses homelessness and housing affordability

that includes local government; and

12. adjust the identified roads component of the Federal Assistance Grants to make the additional funding for South Australia permanent.

7. Joint Organisation Funding Framework report

Resolved Cr K Sajowitz/Cr B West

That the CNSWJO Board note the Joint Organisation Funding Framework Report and seek to codesign an approach to the funding of Joint Organisations with the State using the following considerations: 1. The principle of subsidiarity; 2. Councils should control the JO; 3. Councils retain control over their assets; 4. Funding should not be “readministered” by the JO or be cost shifting, so for example the single

invitation RMS contracts would not be administered by the JO; 5. The greater opportunity is working with the State to leverage Federal funding; 6. Funded activities should add value to member Councils; 7. JOs should not be a fourth tier of government; 8. JOs should not add more red tape; 9. This region seeks to work collaboratively with the State Government to codesign better

processes in the interests of our communities; 10. State agencies be resourced and have delegation in the region to deliver collaborative

programming with Joint Organisations; 11. Ongoing administrative funding for codesigned programming that has state and local shared

value is welcome; and 12. Benefit Cost Ratio and other Treasury guidance ultimately leads to difficulties with accessing

funding for regional Councils where the more remote the Council the greater the challenges.

8. Administration Update

Resolved Cr A Durkin/Cr G Hanger

That the Board note the timeline for the implementation of the JO.

9. Financial Report

Resolved Cr B West/ Cr S Ferguson

That the Board note the Financial Report.

Cr West requested the next meeting give consideration to membership of other entities.

RDA Central West requested progression of the MOU. Next meeting of the Joint Organisation is 28 February 2019 Meeting closed 2.36pm Page 3 is the last page of the Central NSW Joint Organisation meeting 22 November 2018


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11.02 BLACK SPRINGS COMMUNITY ASSOCIATION MEETING – 12 NOV 2018

File No: Governance/Meetings/Ordinary Author: Clr Don Capel

Summary The Deputy Mayor, Councillor Gibbons and Councillor Capel attended the last meeting of the Black Springs Community Association Inc., held on Monday 12 November at the Black Springs Hall.

Recommendation: That report item 11.02 be received as information.

Comments The meeting was attended by 18 members. The President, Christine Healy, and the Vice President, Dominica Lemmich were both absent. Councillor Capel was asked to chair the meeting.

Minutes of the previous meeting were accepted as true and accurate.

Treasurer, Racheal Maher presented a healthy Finance Report which was accepted.

General Business:

o Final planning for an informal Community Christmas function to be held on Saturday, December 1 at the hall.

o Update on procurement of a Liquor Licence.

o Discussion about the future of the Black Springs school. Many children are now travelling by bus to school in Oberon. Meeting agreed to invite representatives of the Black Springs P & C Association to attend meetings of the Community Association.

o A number of people indicated that they are interested in doing Responsible Serving of Alcohol and Safe Food Handling Certificates.

o Concern was expressed about the proliferation of weeds on roadsides, especially Blackberries and English Broome.

o Gratitude was expressed about the new playground equipment recently installed. It has been getting much use from excited youngsters.

Councillor Capel spoke about Council’s Community Strategic Plan encouraging everyone to be involved in the process.

The next meeting will be held on 10 December at 7:00pm at the Black Springs Hall.


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11.03 OBERON ARTS COUNCIL – 26 NOVEMBER 2018

File No: Community Relations/Community Consultation/Oberon Arts Council Author: Clr Sajowitz /Mayor

Summary Councillor Sajowitz attended the last meeting of the Oberon Arts Council Committee.

Recommendation That report item 11.03 is received as information.

Comment Councillor Sajowitz attended the Ordinary General Meeting of Oberon Arts Council held at the Oberon RSL on Monday 26 November 2018 commencing at 5.30pm. Full minutes attached

Apologies were accepted

Previous Minutes were accepted

Treasurers Report was accepted

Correspondence was accepted

Clr Sajowitz gave a report which included the following:

Update on the CSP Oberon 2040 – Roadmap to the Future engagement strategy

including Community Forum and Photography Competition – last pop up at December

markets

Recent funding announcements by Minister Toole – Indoor Fitness Centre and Oberon

Pool

Australian Redfin Championship at Oberon dam in December

BBQ’s on the Fish project will be complete by holiday period

Recent JO/CENTROC Meetings held at Mayfield Garden

Success of OBTA Business Awards event

Future Webcasting of Council Meetings

Fran Charge gave a verbal report on the successful Artstate Event held in Bathurst during

November

Fran Charge gave a report on the success of the 66’ers event held November 25 at Golf

Club

General Business

Eco Dying Workshop held in November was hugely successful and enjoyable. Thanks to Lexi Kellam and Lyndall Precians for facilitating the day.

Fran Charge took part in CSP Forum Saturday 24 November, stated a successful project with good outcomes. Congratulated Council.

Brenda Lyon spoke on the Rotary Men’s Health Forum 4 December at Oberon RSL Club, inviting OAC members and their partners to attend

The OAC Christmas Party will be held at Redbank 12 December commencing 6pm BYO food and drink.

No meeting in January 2019

MINUTES OF GENERAL MEETING OF OBERON ARTS COUNCIL INC HELD ON MONDAY 29TH

OCTOBER 2018 AT OBERON RSL CLUB

Meeting opened: President Fran Charge declared meeting open at 5.30pm and welcomed all

present and thanked Mayor Kathy Sajowitz for her attendance.

Present: Tim Charge, Fran Charge, Brenda Lyon, Mayor Kathy Sajowitz, Katie Graham, Rhondda

Pearce.

Apologies: Astrid Kriening, Paul and Penny McDonald, Michelle Dowling, Lexi Kellam, Chris Hillsdon,

Brian and Sandra Harman.

Minutes of Previous Meeting held on 24 September 208: Rhondda Pearce moved that these

minutes be accepted with correction of date of Malachi Revival which should have read October not

November. Seconded Tim Charge. Carried.

Business Arising: No further business arising.

Correspondence In: Oberon Council re nominations for Australia Day Community Awards. Due to be

submitted Friday 2 November; Black Springs Public School request for presentation donation and

invitation to presentation night to be held at 6pm on Thursday 6th December 2018; Oberon Public

School request for presentation donation and invitation to presentation night to be held at 5pm on

Monday 17 December 2018. Donations will be paid to schools on return of Kathy Beesley.

Correspondence Out: Minutes, Notice of Meeting, emails to members regarding Eco Printing

Workshop.

Moved Rhondda Pearce, seconded Brenda Lyon that correspondence be accepted. Carried.

Treasurer’s Report: There is no report for this meeting. There have been no transactions since last

meeting. All requests for annual school donations will be paid on return of Treasurer Kathy Beesley.

Fran Charge requested expenses regarding the opening of the Arts in Health showing at Oberon MPS

be reimbursed Brenda Lyon moved that these be reimbursed, seconded Rhondda Pearce. Carried.

Fran Charge to submit receipts for payment.

Oberon Council Report: Mayor Kathy Sajowitz presented her report. A full copy is attached. Thanks

to Kathy for a comprehensive report highlighting the following events:

NSW Government regional projects; Oberon Showgirl for 2018/19; Oberon 2040 Roadmap to

Future; Photographic Competition; Australia Day Awards; Welcome to Oberon; 2019 regional W2A

Exhibition at Malachi Hall; Relay for Life 2018; Local Govt Golf Day; Stronger Country Communities

update; Moberon for Movember;

Arts Out West Report: Fran Charge advised that Art State will be held in Bathurst this week, 1-4

November at various venues and encourages members to attend.

Arts and Health Program: The Art Show at Oberon MPS was held on Thursday 18 October and it is

highly recommended that people take the opportunity to view the art on display at the hospital.

Congratulations to Christine McMillan and Fran Charge for running this program which has reaped

amazing rewards and has seen participants achieve beyond expectations. The show was attended by

family members who showed their appreciation for the work done and the results achieved.

Christine is keen to continue her work in Oberon and would require funding to do so now that AOW

funding is completed. The importance of continuing this program is now obvious and between

Oberon Arts Council and Oberon Council we hope this can continue. Mayor Kathy Sajowitz is happy

to support an article in Oberon Review to highlight this program.

General Business: (see attached copy of press release)

The Malachi Revival was a wonderful success. It was suggested that this event be nominated

in the Australia Day Community Awards in the category of Community Event of the Year.

Eco Print Workshop by Lexi Kellam and Lyndall Precians is to be held on Saturday 10

November and all 8 positions have been filled. Lexi and Lyndall are happy to run another

event in the future.

Music Event. The 66ers is to return to Oberon Golf Club Scout Hall on Sunday 25th November

from 3pm. Tickets are $30.00 per head and are available from Long Arm Farm and Ray White

Oberon. After the great success of last year’s event, gather your friends and book now for a

fantastic afternoon of entertainment. As per last year, we encourage you to bring your own

something to cook on BBQ and any nibbles you may require. Salads will be supplied and the

Golf Club will have their bar open for refreshments.

Oberon Hospital are running a ‘First Age Dementia Course’ over two days, 14 and 15

November if anyone interested. Contact Oberon Hospital.

Fran Charge has received some enquiries regarding pavers and books and is currently

following up on these and the current costings.

Next Meeting: To be held on Monday 26 November 2018 at 5.30pm at the Oberon RSL Club.

Meeting declared closed at 6.13pm followed by dinner at the club.


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11.04 OBERON BUSINESS AND TOURISM ASSOCIATION MEETING 14 NOVEMBER 2018

File No: Economic Development/OBTA Author: Clr Don Capel

Summary: The Mayor, Councillor Sajowitz, Councillor Capel, General Manager Gary Wallace and Business and Tourism Development Officer, Mat Webb attended the Annual General Meeting of the Oberon Business and Tourism Association (OBTA), held at the Oberon Golf Club on 14 November.

Recommendation; That report item 11.04 be received as information.

Minutes of the previous Annual General Meeting were accepted.

Reports were presented by the President, Helen Lowe and the Treasurer Kira Simmons and

accepted

The General Manager was invited to act as Chairman and to conduct the election of Office

Bearers. The following were elected -

o President: Helen Lowe

o Vice President: Col Roberts

o Secretary: Mary David

o Treasurer: No nominations

o Committee Members: Jenn Capel, Pam Dellow and Owen Rogers

At the conclusion of the Annual General Meeting a General Meeting was conducted.

Minutes of the previous monthly meeting were accepted

Reports –

o Cr Capel presented a Council Report – attached

o Mat Webb presented a Visitor Information Centre Report

o Jenn Capel presented a Publicity Report – attached

o Membership Report: Helen reported that OBTA has had some new members join giving

a total of 57 to date.

o Mayfield: Domino Houlbrook-Cove, Sales and Reservations Director, reported that the

Spring Festival was very successful, with the local residents promotion well supported.

The promotion gives residents of the Oberon LGA half price admission to the gardens.

Mayfield also has been busy with weddings, with guests seeking local accommodation.

The Better Homes and Gardens visit to Mayfield and associated publicity saw 10,000

hits on the Mayfield website which generally averages around 300 a day! Hamish Keith

reported that in the next 12 months, he will be involved in developing an international

mountain bike venue at Mayfield.


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General Business:

o Update on planning for the Business Awards Event to be held Friday 23 November –

OBTA is very pleased with the number of nominations received this year, in excess of

350 nominations for the various sections.

o The December meeting will be an informal affair, a dinner to be held at the Hungry Hare

on 12 December.

The meetings concluded with drinks and nibbles at the Golf Club during which time a presentation was made to Julie Stott, who is retiring, in recognition of her contribution to OBTA and earlier to the Oberon Plateau Tourism Association.

Notes:

OBERON BUSINESS & TOURISM ASSOCIATION

President’s Report to Annual General Meeting – 14 November 2018

The last 12 months has seen much accomplished by this Association and I thank members for the confidence they showed in me when I was elected as your President in November 2017. There have been a number of highlights in the year including:-

The completion and launch of our new website, visitoberon.com. This was a very big project to undertake and I thank the members of the committee who did not shy away from the complexity and hard work that extended over many months. I also thank James Lloyd and Brijid Media for their patience as the website was brought to completion. Thank you Jenn, Col and Sue. A special thank you too to Julie Stott for all her hard work as the website was developed and its ongoing maintenance since that time. Thank you to Oberon Council for their support of both the project and Julie’s assistance with it.

Completion and presentation of the Visitor Profile and Information report, conducted through Survey Monkey. Thank you to Col Roberts for this initiative – for organising the collection, processing and presentation of the data.

A new edition of the local telephone directory, which has been so popular over a long period of time, was released in the early part of 2018. It is a publication that businesses are happy to advertise in and it is constantly used by members of the community. We expect that an updated edition will be released during 2019.

The Christmas Lights were a source of delight to Oberon residents in December 2017 – another project which has been ongoing for many years. We are happy to be involved with this and I thank major sponsors Michael and Branka Paterson of Oberon Motors; the staff at Ray White Emms Mooney for organising it; Brian from Oberon Hire Car for being part of the organisation and being the driver on judging night.

We were delighted to host Kate Carnell AM, the Federal Ombudsman for Small Business & Family Enterprise at a special event in September, held at Mayfield Garden. This was a joint project with Bathurst Business Chamber and it was well supported by local businesses.

Our shop local vouchers, which started in 2006 as an initiative to assist business, remain popular with the community. Sales and redemptions are steady and I expect that a major milestone of sales of $500,000 will be reached at some point in 2019. I thank Arrows Newsagency, Oberon Post Office and Oberon Council for acting as retail outlets for the vouchers.

Several coffee mornings were held during the year as an outreach to local businesses. Thank you to Russell and Lindsay from Business HQ for supporting these events and to Pick of the Bunch and Long Arm Farm for hosting the events.

The Oberon Business Awards will be presented next week at a special dinner on Friday 23 November – we will start off a new business year for OBTA with a bang. Special thanks to Emma Clayton who has magnificently managed the nomination, submission and voting process for us to enable this event to occur. A thank you to other committee members who have offered their expertise and looked after a part of the event. All those parts make a whole!

Our monthly meetings have been well attended during the year and I thank Oberon Golf Club for providing the venue and hosting us. At the meetings we have heard from a wide variety of guest speakers including Rhonda Taylor from Destination Country & Outback NSW, data researcher Grant Leslie from the Balmoral Group, CenWest Innovate, Hugh Webb and Tim Salmon representing our farming enterprises, Matt Mangan from Mangan Logging and others. I also thank the regular contributors who provided important updates of what is happening in our area – the Visitor Information Centre, Mayfield Garden, Jenolan Caves and National Parks & Wildlife. I want to make special mention of the OBTA committee members who have generously given of their time to serve on the committee and help run our association – Col Roberts, Mary David, Kira Simmons, Jenn Capel and Owen Rogers. They have put up with me over the last 12 months, which I know is not easy, and they have looked after various aspects of our ongoing administration. Col and Mary have also happily acted as a “sounding board” for me when I have needed it. Thank you. Last, but certainly not least, I take this opportunity to thank Oberon Council for working so closely in partnership with us. As you all know there is a formal Memorandum of Understanding between our Association and Council which encourages us to work co-operatively and support each other. Such a document doesn’t necessarily mean that it happens in practice. In our case, though, it most certainly does happen in practice but it only happens because of the goodwill and willingness of Kathy and her fellow Councillors and Gary and his staff. Thank you from all of us at OBTA. I look forward to the year ahead. Helen Lowe President 14 November 2018


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Website and social media report

November OBTA meeting

Firstly, I would like to thank Julie Stott for the great work she has done for OBTA over the years and especially for all she has done with the website over the last 12 months. Her help has been invaluable! Work on the website continues, with new members and new information being added regularly. The challenge is to keep the site fresh and current, which will not only appeal to those who check it regularly but change and updates also appeal to the Google search engine! While we were away, Mat Webb at the VIC, posted a number of VIC related news stories and photos, just to keep the site ticking along and to ensure that our followers didn’t wander somewhere else. Interestingly, it would appear that our followers were not terribly enthused with the posts. Our reach dropped dramatically and quickly, down to less than 100, in fact. So, it would appear that the Experience Oberon FB page has a very different audience to that of the VIC page. Over the past 10 days, I have posted a couple of different picture stories, which have been well received. Almost immediately, our reach has gone well over the 1000 mark again with likes and shares at a good level. So, again, I would like to encourage you all to help keep the Experience Oberon FB page reaching as many people as possible by sending me your short videos and photos that you consider are fun or interesting. J A Capel


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Council Report to OBTA 14.11.18

The Board of Destination Country and Outback NSW met at Mayfield last Thursday, November

8th. The members of the Board enjoyed dinner the previous night at the Hungary Hare where

they were joined by Cr Gibbons, General Manager Gary Wallace, Business and Tourism

Development Officer Mat Webb and Cr Capel as well as Helen Lowe, the President of OBTA.

Council representatives joined the Board the next morning where Mat and Jenolan Caves GM

Jodie Anderson made presentations. It was a very valuable opportunity to meet and spend time

with the Board members who, I believe, were impressed with all they saw in our district.

There was a huge turn out over the weekend for the Relay for Life event held at the Recreation

Ground to raise money for cancer research. A very impressive result for a small town and

district with over $50,000 raised. There was a strong representation of business houses many

of which had stands set up selling all sorts of goodies, from sausage sandwiches to cakes and

hot drinks all night.

It obviously is the season for fundraising with a host of events either underway or coming up.

Please join in or give generously to these worthy causes.

o It is hard not to notice that a number of men are currently doing their bit for the

Movember Foundation raising funds and awareness for men’s health.

o The Oberon Swimming Pool will be hosting a swim-a-thon on the 25th November with

proceeds going to Diabetes Australia.

Council has now embarked on the development of a new vision and Community Strategic Plan.

Councillors manned a ‘pop up’ stand in the main street last Friday morning with more to follow

over the next two Fridays and at the Oberon Market. There will be two meetings with

representatives of organisations within the LGA and younger members of the community as

well as community group meetings during this month. The final draft will go on public display in

February.

Please get involved. The development of a worthwhile plan depends on people from the

community having their say. Encourage everyone you know to complete a questionnaire, either

on paper, on line or come to one of the community meetings.

A welcome for new residents will be held at on the 19th December at the Robert Hooper

Community Centre. These gatherings are a good way for newcomers to the district to find out

about the services available in Oberon and to meet with locals.

There has been strong interest in this year’s Oberon Local Government golf day which will be

held on 30th November. Players again have the chance to win an excavator if they can manage

a hole in one.

Cr. Don Capel


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12. COMMITTEE REPORTS

12.01 LOCAL EMERGENCY MANAGEMENT COMMITTEE

File: Governance/Meetings/Local Emergency Management Committee Author: Chris Schumacher, Technical Services Director

Summary Minutes of the Local Emergency Management Committee Meeting held on 12 November 2018 are submitted for Council’s information.

Recommendation: That the Minutes of the Local Emergency Management Committee Meeting held on 12 November 2018 are received as information.

Comment

FOLLOWING are the Minutes of the Local Emergency Management Committee Meeting held on 12 November 2018.

A summary of the Committee discussions and outcomes is listed below:

As part of the last LEMC for this calendar year, the LEMC Committee workshopped the new CMG for Livestock incidents and now has a draft document almost ready for implementation.

Fire and Rescue New South Wales reported to the Committee that recruitment is in progress for the Oberon Station with 3 x Positions being advertised. Staff are currently undertaking local area refresher training.

National Parks and Wildlife Service reported to the Committee that staff are currently with wildfires across many National parks as a result of the lightening season. NPWS are currently undertaking winch training as part of the Catchment Remote Area Fire Fighting training (‘CRAFT Program’).

Jenolan Caves reported to the Committee that the Jenolan Caves Emergency Management Planning is currently under review. Traffic Management Plans in the Jenolan Caves precinct are also under review with particular attention on the current access and parking at the caves.

RFS noted that all fire fighting appliances are in order with recent servicing completed by Oberon Council.

Jenolan Caves discussed the recently held cave rescue exercise.

The next meeting of the Committee will be held on Monday 11 February 2019, commencing at 2.00pm.

OBERON LOCAL EMERGENCY MANAGEMENT COMMITTEE

Page 1 of 3

Minutes of the Oberon Local Emergency Management Committee Meeting held on 12 November 2018

The Meeting was held on Monday 12 November 2018 in the Kanangra Boyd Conference Room, Jenolan Caves. The Meeting commenced at 2.07 pm ATTENDANCE

Name Organisation

Chris Schumacher Oberon Council -Technical Services Director LEMO (Chair)

Craig Bowra New South Wales Police Force - REMO

Aaron Evans Woodchem

David Ward Borg

Steven Evans Fire and Rescue New South Wales

Chris Sammut New South Wales Police Force

Ben Correy National Parks and Wildlife Service

Jodie Anderson Jenolan Caves

James Armstrong Jenolan Caves Reserve Trust

Brett Taylor New South Wales Rural Fire Service

Alan Warild New South Wales Cave Rescue

1. APOLOGIES

Gary Wallace Oberon Council – General Manager

Brett Jackson Fire and Rescue New South Wales

Rebecca Burgess Oberon Council – Technical Services

Angela Lonergan National Parks and Wildlife Service

Mick Holland New South Wales Rural Fire Service

Sgt Stephen Giffney New South Wales Police Force

Christine Symington Oberon Health Service

Keven Verhoeven Fire and Rescue New South Wales

Andrew Sterling Corrective Services New South Wales

Craig Gibbons New South Wales State Emergency Service

Craig Ronan New South Wales State Emergency Service

Greg Sim New South Wales Rural Fire Service

2. CONFIRMATION OF MINUTES Moved: Steven Evans Seconded: Aaron Evans That the Minutes of the Local Emergency Management Committee meeting held 13 August 2018 be taken as read and confirmed. 3. MATTERS ARISING FROM THE MINUTES OF THE PREVIOUS MEETING Brett Taylor (RFS) noted incorrect title for Mick Holland (RFS), minutes incorrectly stated representing SES, should have read RFS.


Page 2 of 3


4. REMO REPORT TO CENTRAL WEST LEMC’S AUGUST 2018 Craig Bowra presented detail and the need for the LEMC to have in place a ‘Consequent Management Guide’ (CMG) for dealing with Livestock involved in road incidents. The new Department of Primary Industry (DPI) guideline requires NSW Police to act as inspectors and controllers in the event of a livestock accident that requires animal/s to be put down due to severe injury. Local land Services (LLS) also have a role to play in such event, their veterinarians have an authority in determining the most humane way of dealing with nature of the event. As part of the last LEMC for this calendar year, the LEMC Committee workshopped the new CMG for Livestock incidents and now has a draft document almost ready for implementation. 5. REPORTS FROM AGENCIES

Borg - – Welcomed David Ward to the LEMC as the new BORG representative, Nil to report.

Woodchem - Farewelled and thanked Aaron Evans for his participation as the Woodchem representative on LEMC, Aaron has accepted another role in Woodchem, the LEMC Committee wish him all the best with his future endeavours

Fire and Rescue New South Wales – Recruitment is in progress for the Oberon Station. 3 x Positions being advertised, currently in discussion with an applicant for one of these positions. Staff are currently undertaking local area refresher training.

National Parks and Wildlife Service – NPWS Staff are currently with wildfires across many National parks as a result of the lightening season. NPWS currently undertaking winch training as part of the Catchment Remote Area Fire Fighting training (‘CRAFT Program’). Fire permits in the following parks have been ‘revoked’ – Turon/Marrangaroo/Blue Mountains/ Kanangra Walls & Abercrombie National Parks.

Jenolan Caves – Jenolan Caves Emergency Management Planning is currently under review. Traffic Management Plans in the Jenolan Caves precinct are also under review with particular attention on the current access and parking at the caves.

New South Wales Rural Fire Service – All brigades have had inspections undertaken on stations in the Oberon LGA, focus primarily on readiness of vehicles, equipment testing. RFS note that all fire fighting appliances are in order with recent servicing completed by Oberon Council. Door access locks have been changed on all RFS brigade stations, padlocks also to be changed. Oberon Council to be issued new keys in the near future. Burraga not yet complete.

New South Wales Police Force – Oberon Police situation is situation as normal. Police attended Rockley Rodeo in October with a large presence Police have noted the upcoming Oberon Public School ‘Colour Run’, identified as a low risk event.

Oberon Council – No incidents to report in last quarter, business as usual.


Page 3 of 3


5. GENERAL BUSINESS Jodie Anderson discussed the cave rescue exercise which was held recently at Jenolan Caves. Due to it coinciding with the Bathurst Race Weekend there were no Bathurst Police representatives. Outcomes from the exercise showed it was worthwhile, however more local people present would have been helpful as well as looking at communication improvements such as revising the top respondents list and maps for the areas including entrance maps and emergency muster areas. A second cave rescue exercise is planned to be undertaken at the Plug Hole cave which is accessible from the top and bottom of the cave. The exercises provide feedback on gaps and training needs. 6. NEXT MEETING DATE AND MEETING CLOSE. The next LEMC meeting will be held on 11 February 2019 at 2.00pm. The dates for remaining meetings next year are: 13 May, 12 August and 11 November 2019 at 2.00pm. The Meeting closed at 3.20 pm.


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12.02 TRAFFIC ADVISORY LOCAL COMMITTEE

File: Governance/Meetings/Traffic Advisory Local Committee Author: Chris Schumacher, Technical Services Director

Summary Minutes of the Traffic Advisory Local Committee Meeting held on 15 November 2018 are submitted for Council’s information and consideration.

Recommendation: That: 1. That the Minutes of the Traffic Advisory Local Committee Meeting held on 15 November 2018

are received as information.

2. The existing Oberon Street accessible parking provision be upgraded to the new Australian Standard.

3. In principle approval be provided for the Oberon Tractor Trek to be held on 15 March 2019 pending the following:

a. The event organisers submitting in a timely manner satisfactory insurance paperwork.

b. The event organisers submitting satisfactory Traffic Control Plans (TCP’s)

c. The event organisers obtaining RMS consent

d. The event organisers obtaining NSW Police and Oberon Council approval.

4. It be noted there are no objections to the Six Foot Track Marathon to be held on 9 March 2019 on condition that all necessary approvals are obtained from the RMS and NSW Police.

Comment FOLLOWING are the Minutes of the Traffic Advisory Local Committee Meeting held on 15 November 2018. A summary of the Committee discussions and outcomes is listed below:

The Committee discussed two options, either to create a new accessible parking provision on Dudley Street out the front of the RSL entrance or to upgrade the existing accessible parking on Oberon St.

RMS advise that a speed zone review of Lowes Mount Rd will be undertaken sometime from mid 2019.

The Committee considered an application from the event organisers of the Oberon Tractor Trek 2019 to be held 15 March 2019 and there was discussion with regards to staggering vehicles to ensure flow of traffic and safety. There was also discussion with regards to the need for traffic control plans for crossing of O’Connell Rd.

The Committee considered an application from the event organisers of the Six Foot Track Marathon to be held 9 March 2019. It was noted that this event has run well over the preceding several years. The Committee were satisfied with the application.


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Following several complaints to the Mayor in relation to the new disabled parking in the main street the Committee discussed options to educate drivers about the upgraded facilities.

Following concerns about Meadows Rd, Council to reiterate with Forestry NSW that logging trucks are to abide by their safety management procedures which generally have implement a restricted 40km/hr speed zone during harvesting operations.

Council’s Technical Services Director to initiate talks with RMS in relation to unused bus stops in town.

Council’s Technical Services Director to schedule maintenance or replacement of faded signs.

Council’s Technical Services Director to discuss with Council’s Planning and Development Director concerns raised with regards to the increased traffic at the O’Connell Rd/Mayfield Rd intersection due to the growing operations of Mayfield Gardens.

Council’s Technical Services Director to discuss with RMS issues relating to the concrete centre median island on Albion St out the front of the new service station.

The next meeting of the Committee will be held on 14 February 2019, commencing at 9.30am.

Notes:

OBERON COUNCIL – TRAFFIC ADVISORY LOCAL COMMITTEE

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Page 1 Minutes of the Traffic Local Advisory Committee Meeting held on 15 November 2018

The Meeting was held on Thursday 15 November 2018, in Council’s Committee Room, 137 Oberon Street, Oberon. The Meeting commenced at 9.30 am. ATTENDANCE

Kathy Sajowitz Mayor, Oberon Council

Chris Schumacher Technical Services Director, Oberon Council

Rebecca Burgess Technical Services, Oberon Council

Jackie Barry Roads and Maritime Services, Parkes

Angie Drooger Roads and Maritime Services, Parkes

Sgt Peter Foran NSW Police

Councillor Mark Kellam Oberon Council Member – alternate delegate

Councillor Kerry Gibbons Oberon Council Member – delegate

Tim Charge Representative for Local Member, Mr P Toole MP

1. APOLOGIES

Gary Wallace General Manager, Oberon Council

Peter Morgan Technical Services Manager, Oberon Council

2. DECLARATIONS OF INTEREST - Nil 3. CONFIRMATION OF MINUTES Traffic Advisory Local Committee meeting held 16 August 2018. Moved: Clr Mark Kellam Seconded: Clr Kerry Gibbons That the Minutes of the Traffic Advisory Local Committee meeting held 16 August 2018 be taken as read and confirmed. 4. MATTERS ARISING FROM THE MINUTES OF THE PREVIOUS MEETING The Mayor Kathy Sajowitz raised the issue of the centre median island and guidance posts that are on Albion St out the front of the new service station. Chris Schumacher advised the issues around the centre median island and guidance posts that are on Albion St out the front of the new service station where requested, implemented and constructed by the developer as a safety precaution to prevent heavy vehicles turning west across Albion Street. Should the owner now seek to make alterations to modify/remove the concrete centre island, they can make application to Council for consideration. A letter has been sent to RMS seeking further advice on additional street lighting for Albion Street. Chris Schumacher has spoken with Phil Oliver of the RMS with regards to the “detour” signage and is continuing to seek clarification in relation to these signs.


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5. OBERON RSL DISABLED PARKING The Committee discussed two options, either to create a new accessible parking provision on Dudley Street out the front of the RSL entrance or to upgrade the existing accessible parking on Oberon St. Recommendation to Council:

That the existing Oberon Street accessible parking provision be upgraded to the new Australian Standard.

Moved: Sgt Peter Foran Seconded: Jackie Barry 6. LOWES MOUNT ROAD SPEED ZONE REVIEW BY RMS RMS are in receipt of a letter from Council requesting a speed zone review on Lowes Mount Road between North Street and Carlwood Road, Jackie Barry advised that with the current speed zone review backlog, a review most likely will not be undertaken until early 2019. Chris Schumacher indicated at the request of RMS that traffic counters will again be placed along Lowes Mount Road to obtain more current traffic count data. Sgt Peter Foran also requested traffic count data so that NSW Police can implement a targeted approach to speeding traffic offences along the road. 7. OBERON TRACTOR TREK 15 MARCH 2019 The Committee examined the newly submitted application from the event organisers. Jackie Barry indicated that the event organisers will require another Traffic Control Plan and an outline of physical traffic control management for the crossing of O’Connell Road at the intersection with Mutton Falls Road. It was also clarified that RMS consent is required before Council may issue any permit for Abercrombie Rd, as it is a Regional Road. Sgt Peter Foran indicated that the tractors should be staggered and will need to maintain sufficient distance between each to allow for overtaking by faster vehicles and for heavy vehicles. Recommendation to Council:

TALC provide in principle approval for the Oberon Tractor Trek to be held on 15 March 2019 pending the following:

1) The event organisers submitting in a timely manner satisfactory insurance paperwork.

2) The event organisers submitting satisfactory Traffic Control Plans (TCP’s) 3) The event organisers obtaining RMS consent 4) The event organisers obtaining NSW Police and Oberon Council approval.

Moved: Tim Charge Seconded: Sgt Peter Foran


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8. SIX FOOT TRACK MARATHON 9 MARCH 2019 The Committee examined the application from the event organisers. It was noted that this event has run well over the preceding several years. The Committee were satisfied with the application. Recommendation to Council:

TALC have no objections to the event on condition that all necessary approvals are obtained from the RMS and NSW Police.

Moved: Tim Charge Seconded: Sgt Peter Foran 9. GENERAL BUSINESS

Mayor Kathy Sajowitz – Kathy is in receipt of a letter from a resident with regards to the newly upgraded accessible parking in Oberon Street. In particular elderly residents are hitting the new flexible blue bollards which have been installed. The white striped delineated area is a no parking area designed to allow easier entry and egress for accessibility however some drivers are misunderstanding that this is a vehicle parking area. The Committee agreed that disabled drivers need to be educated with regards to the upgraded facilities. Action Item: Chris Schumacher to contact Andrew Cutts the road safety officer located in Bathurst to discuss any similar issues he may have encountered and actions taken.

Clr Mark Kellam – Mark raised concerns that Meadows Road is not suitable for a 100km/hr speed zone during Forestry harvesting periods. The Committee recalled during previous harvests in this area a 40km/hr speed was installed for logging trucks.

Action Item: Chris Schumacher to reiterate with Forestry NSW that logging trucks are to abide by their safety management procedures which generally have implement a restricted 40km/hr speed zone during harvesting operations. This concern will be reiterated to FCNSW.

10.35am Clr Mark Kellam left the meeting

Tim Charge – 1. Tim raised the issue of an unused bus stop on Curtis St near the (previous) St Josephs

High School. This is resulting in the Oberon After Care vehicles parking illegally. It was agreed by the Committee that a review of school bus and drop off zones is required.

Action Item: Chris Schumacher to initiate talks with the school in regards to the bus stop. Chris to include Prue Britt of RMS in these discussions. 2. Tim has noted that many “No Stopping” signs around town are very faded and difficult to

read. Action Item: Chris Schumacher to schedule maintenance or replacement of faded signs.


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3. Tim asked if any progress has been made with RMS in addressing the turn lane off O’Connell Rd onto Mayfield Rd towards the Mayfield Gardens. Tim notes that Mayfield Gardens has recently introduced “glamping” and are also planning 25 new units for accommodation on the grounds. This will increase the traffic volume. The Committee discussed whether these growing operations may be a trigger point for a DA to Council at which time Council may make a condition of the DA approval that the Mayfield Gardens contribute funds towards improving the intersection.

Action Item: Chris Schumacher to discuss these concerns with the Director of Planning & Development, Shane Wilson subject to submission of potential future traffic generating development application/s.

Clr Kerry Gibbons – 1. Kerry raised the issue of delivery trucks in Oberon Street which double park on the road

when delivering to local businesses. The Committee agreed that delivery trucks should be utilising the rear laneways for deliveries as this is much safer then double parking in Oberon Street. 6 metres is the longest vehicle size that can legally reverse park in the main street.

2. Kerry raised the issue of the centre barrier island out the front of the new service station on Albion St. Kerry would like to know if it can be removed so that vehicles, in particular trucks, could turn right from the service station and head towards O’Connell Rd/Abercrombie Rd. As it is, the centre barrier island forces trucks into a certain route, left out of the service station, then down Albion St where they have to go back through Oberon Street main shopping area if they need to head towards Abercrombie Rd or O’Connell Rd. The Committee believes that the centre barrier island was constructed at the request of the developer, presently not to be removed without further safety assessment.

Action Item: Chris Schumacher to contact Andrew McIntyre of RMS to discuss the concerns raised in relation to the concrete centre median island.

Chris Schumacher – There have been ongoing issues at Dart Street and Dudley Street with regards to school drop off with vehicles performing illegal U turns. Chris raised the option suggested by Prue Britt of RMS which is the implementation of a centre median island. Sgt Peter Foran suggests monitoring by the NSW Police as no U turns are permitted across double centre lines, this is safety concern and a traffic offence.

3. NEXT MEETING DATE AND MEETING CLOSE The next Traffic Advisory Local Committee meeting will be held on Thursday 14 February 2019, commencing at 9.30am. Future meeting dates during 2019 - 9 May, 8 August, and 7 November 2019. The meeting closed at 10.55 am.


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12.03 HERITAGE COMMITTEE

File: Governance/Meetings/Heritage Committee Author: Shane Wilson Planning and Development Director

Summary Minutes of the Heritage Committee held on 26 November 2018 submitted for Council’s information and consideration.

Recommendation: That: 1. Minutes of the Heritage Committee held on 26 November 2018 be received as information.

2. A contractor be hired to make a copy of the Gingkin Papers to be housed at the Library

Comment FOLLOWING is the Minutes of the Heritage Committee held on 26 November 2018 A summary of the Committee discussions and outcomes is as follows:

Some years ago Philippa Gemmell–Smith itemised the Gingkin Papers. The Heritage Committee would like a copy for the library. The committee would like this project to be completed and so have asked if Council would hire a contractor to complete the work. The Mitchell library has recommended a person from Balgowlah who may be able to assist.

The project for Lindlegreen and other Pise buildings is progressing well. It is been driven by Angus McKibbin and Friends of Lindlegreen with the assistance of Christo and Shane.

The Macquarie retrospective Development Application for the Convict Barracks has approved by Council. The property is in the process of being State listed and is awaiting sign off by the Minister.

The Office of Environment and Heritage visited the Malachi Hall on the 26 November 2018 in response to a Development Application lodged by the owners for a sole occupancy unit at the front and other works to revert the building back to a place of entertainment.

Next meeting of the Committee will be held on Monday the 25 February 2019.

Notes:

OBERON COUNCIL – HERITAGE COMMITTEE

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Minutes of the Heritage Committee Meeting held on the 26 November 2018

The Meeting on 26 November 2018 was held in the Council’s Committee Room, 137-139 Oberon Street Oberon. The Meeting commenced at 5.00 pm. ATTENDANCE

Clr Clive McCarthy - Chair Councillor Representative

Ken Snowden National Trust Representative

Christo Aitken Heritage Advisor

Ewen Stewart Community Member (from 5.02pm)

Tina Slattery Community Member

Bob Mills Community Member

David Willis Community Member (from 5.03pm)

Susan Willis Community Member (from 5.03pm)

Clr Ian Doney Councillor Representative (from 5.30pm)

Phillipa Gemmell-Smith Community Member

Shane Wilson Planning and Development Director

Janet Bailey Development Control Administration Officer

APOLOGIES

Brenda Doney Community Member

Graham Williams OTHR Representative

1. APOLOGIES – see Attendance and Apologies list above. 2. DECLARATIONS OF INTEREST - Nil 3. BUSINESS ARISING FROM PREVIOUS MEETING Articles for Review Paper Clive mentioned that there was a story done by the Land newspaper regarding the history of a property known as “Jorrilands” –near the Warragamba dam and that the Oberon Review will put this article in the local paper as there are people in Oberon that have a connection with this area. Heritage Items Bob Mills expressed his concern at the amount of paper work required to be completed when looking at trying to get a property Heritage listed and asked if it is all really necessary. Shane explained to the Committee the process involved on how we list a Heritage item and the reasons behind the requirement to complete the necessary paper work as the initial point. St Thomas Rectory O’Connell Council resolved not to give any funds toward the restoration works required at the Rectory. Council will look at options in next year’s budget and they will also be seeking a contribution from the Office of Environment and Heritage Office Clr Ian Doney arrived 5.30 pm Gingkin Papers Clive requested that Council approve a contractor to complete the works necessary to obtain a copy of the Gingkin papers


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Recommendation: Request Council to obtain the services of a suitable accredited person to make a copy of the Gingkin papers held by Mr and Mrs Bailey REPORTS Lindlegreen Update The Heritage Near Me grant of $100,000 is progressing well and is been driven by Angus McKibbin and Friends of Lindlegreen. Class room sessions will be held on different types of construction so that those attending can get first hand experience. This should assist owners when they are trying to carry out repairs to their own Pise barns. Lindlegreen was State listed on the 24 August 2018. Macquarie The owner has submitted a Development Application for works already carried out on the Convict Barracks, and this application has now been approved by Council staff, subject to a number of conditions. Macquarie is also in the process of being State listed and are waiting on the Minister’s sign off. The Local Minister has now been requested by the owner to reconsider his original objection to the listing of Macquarie. Malachi Hall A Development Application is currently been assessed for renovations to this State Listed Hall and to-day the Office of Environment and Heritage carried out a site inspection. Their concerns were discussed at length and two main issues were raised concerning the location of the public amenities and the long term of occupancy for the one bedroom flat proposed. OEH will be back in touch with Council shortly on their proposed conditions. Walking Trail O’Connell Council Engineers are looking at options available and funding opportunities to make this a viable project. Clive has asked if we could consider going part way, say from the bus stop to the coffee shop or can we look at any drought funding to assist. GENERAL BUSINESS Heritage General Susan Willis said it was fantastic to see that great things happening with Heritage and the Committee is very lucky to have Shane and Christo as they have been very active in supporting Heritage right across our Local Government area. St Aiden’s Church Black Springs Ewen Stewart advised if there were any funding available now or in the future could we look at some assistance for repairs to the St Aiden’s Church at Black Springs University Of Sydney –Pise Building Inspection Ken Snowden asked if the committee would be able to get a copy of the reports prepared by the students of the University of Sydney when they are available. Shane advised that this would not be a problem. Ken also advised that Channel 7 had done a story on the old Todd’s homestead (Mountain View).The property which is owned by Ken is approximately 100 metres off our Council boundary


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and in the Bathurst regional Council area. Ken will email the link to the programme so that we can share it with all members. Timber Bridges Ian Doney advised the committee that there some lovely old timber bridges around Sydmouth Valley area and that if anyone has the time they should go and have a look. The second bridge out of Sydmouth valley is supported by sandstone with a concrete deck and well worth a visit. Ian also commented on some townhouse in Albury and Goulburn that he noticed recently had been designed sympathetically to the area and would definitely suite Bathurst and Oberon areas. Shane advised that when Council complete their new DCP more details will be required from developers Old Hogan House Clive advised that the old Hogan house which was originally was built where the new Doctors Surgery is now will soon be moved to Rockley and set up as a dwelling. Clive also suggested it might be a good idea to have a bus trip organised for the next meeting travelling down through the Carlwood Road, Mutton Falls Road area. Shane said he will organise something and let every one know. SUMMARY OF ACTIONS

Activity Responsibility

HERITAGE SIGNS

Liaise with Christo Aitken regarding the progress of the Black Springs Sign – Information provided by Christine Healey-ongoing

Shane and Janet and Christo

CHIMMNEY STACK BURRAGA

Request Council to place this item on our Heritage List

To Investigate options for access to the Stack

Shane

WALKING TRACK O’CONNELL

Council to investigate options available for proposed walking track near the Avenue of trees at O’Connell

Shane and Janet

TIMBER HERITAGE WALK

The Committee source appropriate early working photos of the OTC - ongoing

Heritage Committee

GINGKIN PAPERS

The owners of the Gingkin Papers have agreed to the Heritage Committee obtaining copy. The Committee recommend to Council that they appoint a contractor to carry our works.

Shane and Janet


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LEP Update

Committee members to provide names and address of places that have a Historical Building and are not currently listed on our LEP

All Committee members-

BRETT WHITELY

Seek approval from Council to approach the family of Brett Whitely to see if we can utilise the sketch of Nestlebrae in any advertising that Council may wish to undertake

Shane

NEXT MEETING DATE AND MEETING CLOSE The next meeting will be held on Monday 25 February 2019 commencing at 5.00pm. The Meeting closed at 6.40 pm.


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13. REPORTS FOR DECISION

13.01 DEVELOPMENT APPLICATION 10.2014.70.1 STAGED RURAL RESIDENTIAL - FORTY-FIVE (45) LOT SUBDIVISION

File No: PR22-175 Author: Shane Wilson – Planning & Development Director

Summary An application for a Large Lot residential subdivision development comprising forty-five (45) allotments was lodged on land described as Lot 1 in DP 1089826, being known as 175 Titania Road, 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.” The application was notified on two separate occasions first being between 30 January to 20 February 2018, during which 27 submissions were received including one 72 signature petition, 3 submissions were received after the close period. The second exhibition period to display additional information was conducted between 22 October to 21 November 2018, with 14 submissions being received during that period. It is noted that they were from the same parties whom made submissions in the first period.

Recommendation: That: 1. Council approve Development Application 10.2014.70.1 for a proposed forty-five (45)

Torrens Title allotment subdivision of Lot 1 in DP 1089826, being known as 175 Titania Road, Oberon in accordance with Section 4.16 of the Environmental Planning and Assessment Act 1979 and conditions contained within this report, for the following reasons for decision:

a) The proposed subdivision is permissible within the subject land zoned R5 – Large Lot

Residential zone through the land use table in the Oberon Local Environmental Plan 2013.

b) The development meets the relevant controls and objectives of the Oberon Local Environmental Plan 2013.

c) The development meets the relevant controls and objectives of the Oberon Development Control Plan 2001.

d) The development is unlikely to adversely impact any adjacent or nearby properties or the environment as the detailed in the assessment report and peer reviews as adequate controls are contained within the design or conditions applied.

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


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Comment: The following are ATTACHED and form documents that are relevant to this report,

Document Author Date/reference

SoEE Report Fragar Planning & Development 21 August 2014

Proposed Subdivision, Detail Survey, Lot Layout and Staging Plan

CEH Survey 22 September 2017

Contamination Investigation Envirowest Consulting 27 July 2017

Bush Fire Assessment Report Barnson 12 December 2017

On-site Effluent Management Report

Blue Mountains Geological and Environmental Services

October 2017

Stormwater Management Plan Enstruct August 2018

Civil Engineer Works Enstruct 12 September 2018

Review of Wastewater Management

Enstruct September 2018

Peer Review of Hydrological Constraints

Umwelt November 2018

Submissions – Exhibition 1 Various 30 Jan – 20 Feb 2018

Submissions – Exhibition 2 Various 22 Oct – 21 Nov2018

1. HISTORY

June 2011 - the subject land was identified within the Oberon Land Use Strategy as future rural lifestyle land.

20 December 2013 – The Oberon Local Environmental Plan 2013 was gazette, which saw the subject land being rezoned zoned R5 large lot residential and RU1 primary production.

25 August 2014 - A Planning Proposal to allow a minimum lot size of one hectare with an average of two, with an accompanying Development Application submitted to Oberon Council in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

2 October 2015 – NSW Planning & Environment made Gateway Determination, which was then amended on the 12 December 2015.

24 March 2017 - the Planning Proposal was gazetted after which the development application assessment for the subdivision could commence, with additional information initially requested prior to the exhibition of the Development Application.

30 January to 20 February 2018, the first round of public exhibition was undertaken.

22 October to 21 November 2018 - a second exhibition period to display additional information was conducted.

October - Council engaged the professional services of Umwelt to undertake a peer review of all Hydrological related reports and design.

2. SITE DESCRIPTION

The proposed development site is located approximately 5 km south-east of Oberon. The total area of Lot 1 DP 1089826 is 178 hectares. The lot is split over two zones. The south-eastern part of the site is the RU1 Primary Production Zone (76.39ha) and the north-western part of the site is the R5 Large Lot Residential Zone (101.61ha) (see figure 1). To the north, south and east of the site is predominantly agricultural land (RU1) with a quarry approximately 1km away to the south-east. The majority of the surrounding agricultural land is fragmented with lot sizes between 15 and 30ha. Directly to the west, opposite Titania Road is Titania Estate (R5) which is an approximately 80 large lot residential development. The majority of


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the lots on Titania Estate are between 2 and 6ha and the majority of these lots have been developed with a dwelling and associated structures. This estate is not serviced by reticulated sewer or town water. The subject site is accessed at the intersection of Beattie Road and Titania Road about 1.5km south of Duckmaloi Road which is the main road heading east out of Oberon. Beattie Road is a Council owned Public Road which dissects the proposed development site and provides access to some of the agricultural properties further to the south and south-east. The site has one dwelling which is located to the north and is the most elevated part of the site. The site is undulating throughout with the lowest parts of the site to the south and the east. A large patch of native vegetation runs north-south on the site slightly west of the dwelling (see figure 2). A row of mature pine trees serving as a wind break has been planted north-south near the eastern edge of the R5 Zone. Native vegetation is also scattered along the frontage with Titania Road and within the RU1 part of the site. A number of dams are scattered throughout, with the site being predominantly used for grazing.

Figure 1: Subject site showing the split zones. Titania Estate is to the west. Beattie Road dissects the subject site.

Existing dwelling Row of pine

trees Beattie Road

Titania Road

Figure 2: Aerial photo of site plan


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The Section 88B for DP1089826 shows a 20 metre ‘right of carriageway’ that benefits Lot 1 and burdens Lot 2 DP1089826. Lot 2 is the location of the existing quarry to the east of the subject site. 3. PROPOSED DEVELOPMENT

The Development Application was submitted to Council on the 22 August 2014 at the same time as an application for a Planning Proposal which aimed to reduce the minimum lot size in this R5 Large Lot Residential Zone from 2 hectares to 1 hectare, whilst still keeping the lot average of 2ha. This Planning Proposal was gazetted on 24th March 2017 after which the application assessment could commence, with additional information initially requested prior to the exhibition of the Development application. The proposed development is for the creation of forty-five (45) Torrens title allotments. Forty-four of these lots are proposed to be located within the R5 Zone which has a size of 97.36 hectares, with lots 31-35 being proposed to be dual zoned. Lots 1-43 are between 1ha and 3.47ha. Lot 44 which has the existing dwelling is proposed to be 27.62ha and the remaining lot 45 which is the part of the lot within the RU1 Zone will be 70.95ha. Two main internal roads are proposed to be located within the site. Beattie Road as has been discussed runs from the intersection with Titania Road to the southern boundary and is proposed to remain along this alignment though it will require to be upgraded. A second road will be located to follow an existing gravel driveway that runs to the eastern part of the lot and will access lot 45. Five other roads are proposed to be located off these two main roads to access the various parts of the site and will be ‘no through roads’. All access to the 45 lots will be via an internal road with no access off Titania Road. The roads are generally located along the natural drainage lines with the lowest parts of the site being lots 6, 38, and 15.

Allotment to be created Quantity

Allotments between 1ha and 1.99ha 36



Allotments greater than 4ha 1

Average lot size 2.21 hectare (does not include the areas zoned RU1, in lots 31-35 & 45)

TOTAL R5 ALLOTMENTS = 44

Reticulated services, sewer and water The proposed development can access telecommunications and electricity infrastructure. There is no proposal for reticulated sewer or connection to mains water. The application proposes individual on-site-effluent disposal and the use of 100,000lt rainwater tanks as a means of providing suitable amounts of potable and non-potable water. The applicant has advised that a restriction will be added to the titles of each lot preventing the installation of ground water bores, which will only be able to be lifted by Oberon Council. Vegetation The plan of subdivision does not require large amounts of vegetation removal. Some vegetation may be removed to create or realign the internal roads. Stormwater A stormwater management plan has been submitted as part of the proposed development indicating that the proposed plan of subdivision can adequately drain water from the site to a lawful point of discharge and at its pre-development condition. This has been peer reviewed by Umwelt on behalf of Council and found to be adequate.


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Street Tree Plantings The proposed development does not incorporate street tree planting. The site has adequate amounts of scattered and patches of native vegetation and pines, to offset any further requirements which would alter the bushfire safety requirements of the area. Open Space The proposed development does not incorporate any opportunities for public open space. Considering the location of the subdivision and the size of the lots, it is more appropriate to take a payment of Section 94 Contributions which could be used to improve existing open space areas in the wider region. Access It is proposed to have one access into the site from the Beattie Road - Titania Road intersection. All lots are accessed from internal roads.

Figure Three: Proposed staged plan of subdivision


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As can be seen in figure three the applicant is proposing a five stage subdivision with the properties situated along Titania Road being stage 1 and 2. Stage 3 is to the east of the site adjacent to Beattie Road and stages 4 and 5 being further east closer to the RU1 Zone. 4. SECTION 4.15 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:

State Environmental Planning Policy No 55 - Remediation of Land;

State Environmental Planning Policy No 44 – Koala Habitat Protection;

State Environmental Planning Policy (Rural Lands) 2008

Oberon Local Environmental Plan 2013 (OLEP2013). 4.1.1 State Environmental Planning Policy No. 55 – Remediation of Land

Clause 7 of this SEPP specifies that: (1) a consent authority must not consent to the carrying out of any development on land unless. (a) it has considered whether the land is contaminated, and (b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or

will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

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

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

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

The Contamination Investigation undertaken by Envirowest consulting, found the sheep yards within the property to have a higher than acceptable levels of zinc. The report recommended that the zinc impacted soils are remediated to enable residential land-use. There is to be a Remediation Action Plan prepared and the land decontaminated, after which a certificate of validation is to be provided to Council. A condition requiring the above has been included within the proposed conditions for this development. 4.1.2 State Environmental Planning Policy No 44 – Koala Habitat Protection

The proposed development is sited within an area which has a mixture of native vegetation and pine trees. Clause 7, 8 and 9 of SEPP No.44 Koala Habitat Protection outline the steps that are required to determine whether the land has potential or core koala habitat. If Council are satisfied that this is a core koala habitat then a plan of management must be prepared. Given the limited native vegetation to be removed and the BIONET search didn’t identify any koala sittings within 10km, it is considered that the area is not core koala habitat and therefore no plan of management is required.


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4.1.3 State Environmental Planning Policy (Rural Lands) 2008

Clause 7 of the SEPP Rural Lands 2008 states: The Rural Planning Principles are as follows: (a) the promotion and protection of opportunities for current and potential productive and

sustainable economic activities in rural areas, (b) recognition of the importance of rural lands and agriculture and the changing nature of

agriculture and of trends, demands and issues in agriculture in the area, region or State, (c) recognition of the significance of rural land uses to the State and rural communities, including

the social and economic benefits of rural land use and development, (d) in planning for rural lands, to balance the social, economic and environmental interests of the

community, (e) the identification and protection of natural resources, having regard to maintaining biodiversity,

the protection of native vegetation, the importance of water resources and avoiding constrained land,

(f) the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities,

(g) the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing,

(h) ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General.

Clause 8 describes the Rural Subdivision Principles being: (a) the minimisation of rural land fragmentation, (b) the minimisation of rural land use conflicts, particularly between residential land uses and

other rural land uses, (c) the consideration of the nature of existing agricultural holdings and the existing and planned

future supply of rural residential land when considering lot sizes for rural lands, (d) the consideration of the natural and physical constraints and opportunities of land, (e) ensuring that planning for dwelling opportunities takes account of those constraints. Matters to be considered in determining development applications for rural subdivisions or rural dwellings (1) This clause applies to land in a rural zone, a rural residential zone or an environment

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

considering whether to grant consent to development on land to which this clause applies for any of the following purposes:

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

(3) The following matters are to be taken into account: (a) the existing uses and approved uses of land in the vicinity of the development, (b) whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development, (c) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b), (d) if the land is not situated within a rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone, (e) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d). Forty-four of the forty-five lots are located within the R5 Large Lot Zone and their potential development as lifestyle blocks is consistent with the character of the existing Titania Estate to the


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west. The matters to be considered with this rural subdivision include whether the development is likely to be incompatible with a use in the vicinity of the development. There is concern with the proposed subdivision layout of lots 38, 39, 43 and 31-35 that they do not address the potential conflicts of land uses between the lifestyle blocks and the primary production land to the east. There is planted vegetation to the east of lots 25-27 & 29-30 and to the east of lot 44 which could be used as a barrier between the lifestyle blocks and the primary production land however the lots identified above need buffering to provide appropriate separation. Proposed lots 31-35 have been extended within the RU1 zone to the east which will allow for between 58m to 180m of managed land buffer to increase the separation of the potential agricultural activities affecting these lots. The proposed potential conflicts of land use between the lifestyle blocks and the primary production land are considered acceptable and able to be managed with the inclusion of relevant conditions to ensure any required buffering is established and maintained. 4.1.4 Oberon Local Environmental Plan 2013 (OLEP2013)

Land Use Table R5 Large Lot Residential (1) Objectives of zone

To provide residential housing in a rural setting while preserving, and minimizing impacts on,

environmentally sensitive locations and scenic quality

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

areas in the future

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

services or public facilities

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

RU1 Primary Production (1) Objectives of zone

To encourage sustainable primary industry production by maintaining and enhancing the

natural resource base.

To encourage diversity in primary industry enterprises and systems appropriate for the area

To minimise the fragmentation and alienation of resource lands

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

To enable other forms of development associated with primary production activities, which

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

Clause 2.6 Subdivision—consent requirements (1) Land to which this Plan applies may be subdivided, but only with development consent. (2) Development consent must not be granted for the subdivision of land on which a secondary

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

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


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

Clause 4.1A Lot Averaging Subdivision in Titania Estate, Oberon (1) The objective of this clause is to ensure that lot sizes and subdivision patterns for residential

accommodation conserve and provide protection for the environmental values of the land by encouraging buildings to be appropriately sited.

(2) Despite clause 4.1, development consent may be granted to the subdivision of land identified as ‘Area B’ on Lot Size Map if:

(a) The consent authority is satisfied that the land to be subdivided is proposed to be used for the purpose of residential accommodation, and;

(b) The area of each lot resulting from the subdivision will not be less than 2 hectares, and (c) The average size of all lots resulting from the subdivision will not be less than the minimum

size shown on the Lot Size Map in relation to that land, and (d) The consent authority is satisfied that the development retains, and is complementary to, the

environmental attributes of the land and its surrounds. (3) Despite clause 4.1 development consent may be granted to the subdivision of land identified

as ‘Area C’ on the Lot Size Map if: (a) The consent authority is satisfied that the land to be subdivided is proposed to be used for the

purpose of residential accommodation, and (b) The area of each lot resulting from the subdivision will not be less than 1 hectare, and (c) The average size of all lots resulting from the subdivision will not be less than 2 hectares , and (d) The consent authority is satisfied that the development retains and is complementary to, the

environmental attributes of the land and its surrounds, and (e) The consent authority is satisfied that the development has been designed to address and

respond to the hydrological constraints of the site.

The subject site has been identified as Area C on the Lot Size Map and complies with Clause 4.1A (3) as:

it is to be used for the purpose of residential accommodation;

all lots are greater than 1h;

the average lot size is greater than 2ha;

the development is not impacting significantly on the environmental attributes of the land; and

the hydrological constraints of the lot have been addressed. This clause is specifically for the land subject to this application.

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




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Each of the lots has been identified as being used for a residential purpose, with a building envelope and effluent disposal area identified on each of the proposed R5 lots. As mentioned earlier in the report, the 2.21 hectare (this does not include the areas zoned RU1, in lots 31-35), the resulting subdivision will result in lot 44 being not permitted to undertake any further subdivision under the current Oberon LEP 2013 provisions. The proposed subdivision is considered to have met the requirements for the minimum and lot size averaging, as all lots are greater than 1 hectare with a resulting average greater than 2 hectares. As detailed within the report below 50% of the site abounds R5 zoned land, with the remaining having adequate separation or buffering to protect any conflict of land uses. Given the zoning of the land and site configuration it is considered that the proposed subdivision is not inconsistent with the requirements for the development retains, and is complementary to, the environmental attributes of the land and its surrounds. The peer review assessment undertaken for Council by Umwelt on the Stormwater Management Plan, Wastewater Management report and associated designs and the fact that there are to be no further groundwater bores permitted to be installed within the development, has resulted the finding that all hydrological constraints of the lots having been addressed to an acceptable level, with the potential adverse impacts having been minimised through design or conditions of consent. Having regard to the above and the attached report, the proposed development is not inconsistent with the objectives of the zone requirements of the Oberon LEP. Clause 4.2 Rural Subdivision (1) The objective of this clause is to provide flexibility in the application of standards for subdivision

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

(2) This clause applies to the following rural zones: (a) Zone RU1 Primary Production, (b) Zone RU2 Rural Landscape, (c) Zone RU4 Primary Production Small Lots, (d) Zone RU6 Transition. Note.

When this Plan was made it did not include all of these zones. (3) Land in a zone to which this clause applies may, with development consent, be subdivided for

the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

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

(5) A dwelling cannot be erected on such a lot.

Lot 45 which is the lot remaining in the RU1 Zone is suitable for subdivision as there is not an existing dwelling on site. As the resulting lot is less than the minimum lot size a dwelling can not be erected on such a lot. This is supported by Clause 4.2B of the Oberon LEP 2013 which provides some allowances for dwellings to be located on rural land when it is less than the minimum, however this resulting lot does not comply with these allowances.


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The use of RU1 zoned land on the eastern portion of proposed lots 31-35 which is located within the quarry buffer, is permissible and will not allow this land to be used for any residential purpose, thus being consistent with the provision of zone.

Clause 4.2B Erection of dual occupancies and dwelling houses on land in Zone RU1 and Zone R5.

(1) The objectives of this clause are as follows: (a) to minimise unplanned rural residential development, (b) to enable the replacement of lawfully erected dual occupancies and dwelling houses in Zone

RU1 Primary Production and Zone R5 Large Lot Residential. (2) This clause applies to land in the following zones: (a) Zone RU1 Primary Production, (b) Zone R5 Large Lot Residential. (3) Development consent must not be granted for the erection of a dual occupancy or dwelling

house on land to which this clause applies unless the land: (a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land,

or (b) is a lot created before this Plan commenced and on which the erection of a dual occupancy or

dwelling house was permissible immediately before that commencement, or (c) is a lot resulting from a subdivision for which development consent (or equivalent) was granted

before this Plan commenced and on which the erection of a dual occupancy or dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or

(d) is an existing holding, or (e) would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) had it not been

affected by: (i) a minor realignment of its boundaries that did not create an additional lot, or (ii) a subdivision creating or widening a public road or public reserve or for another public purpose,

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

Note. A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2. (4) Development consent must not be granted under subclause (3) unless: (a) no dual occupancy or dwelling house has been erected on the land, and (b) if a development application has been made for development for the purpose of a dual

occupancy or dwelling house on the land—the application has been refused or was withdrawn before it was determined, and

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

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

(6) In this clause: existing holding means land that:

(a) was a holding on 8 May 1996, and (b) is a holding at the time the application for development consent referred to in subclause (3) is

lodged, whether or not there has been a change in the ownership of the holding since 8 May 1996.

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


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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. (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. Initial civil designs have been undertaken for the road and drainage networks proposed throughout the development site. These identify areas of substantial cut and fill to create the proposed road network and drainage system. The proposed earthworks are which are predominantly for the road and drainage construction are not in consistent with the earthworks expected for the creation of any roads or alike anywhere else in the Council area. Council’s Engineering Department have reviewed the design and found that they are not inappropriate for the development. An earthworks plan including roads and cut/fill will be required as part of the construction certificate, should approval be considered. 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. Reticulated water and gas is not available to this development, with all other services are accessible and must be provided to the development.

Water supply has been proposed to be provided via 100k/l onsite storage tanks that would be installed at the time of a dwelling being built upon the subject lots.

Stormwater drainage and on-site detention basins will be provided in accordance with the stormwater management plan and associated designs.

Electricity is required to be supplied to each of the proposed R5 residential lots at full cost to the developer.


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Sewerage management will be provided byway of on-site sewerage management systems, which has been investigated and determined to be suitable for each on the sites.

Detailed design of these services will be required as part of the construction certificate. A subdivision certificate will be withheld until vehicle access, electricity and stormwater drainage services have been provided.

Driveway access is to be provided to each allotment and will be sealed from road edge to the property boundary.

4.2 Draft Environmental Planning Instrument that is or has been placed on Public

Exhibition and details of which have been notified to the Consent Authority.

There are no draft environmental planning instruments that affect the subject site. 4.3 Oberon Development Control Plan 2001

Councils Development Control Plan 2001 applies to the proposed development. The applicable parts and responses to Part B Subdivision and Part J Titania Estate are outlined below. 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 44 allotments. To require a site specific DCP for this subdivision when any future development is already covered by Part J Titania Estate 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

Weeds Management

Waste Water Disposal


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

Accessibility to community and recreational facilities

Road and transport networks

Site access

Physical and human services

Developed and undeveloped land in the vicinity

Existing buildings and improvement on the site

The subdivision has been adequately designed with consideration to the elements listed. It has also demonstrated that the subdivision connects well with the existing road network which will ensure it has accessibility to community and recreational facilities located in Oberon. B.7.5 Aspect Aspect is a major factor in designing the subdivision layout in regard to optimising solar access. The following principles are a basic guide:-

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

Overshadowing, of or by other buildings, is minimised

The lots are all greater than 1ha therefore the resulting dwelling will have options about how it is designed to take advantage of the northern sunlight and reduce any overshadowing possibilities. The site configuration is considered suitable for meeting these requirements. B.7.6 Drainage The natural drainage patterns of the site have been a basic element in the subdivision layout and road design. A stormwater management plan has been prepared for the entire subdivision, with modelling undertaken to ensure the drainage is suitable for a 1in100 year rain event and any runoff pollutions comply with the highest reduction target for “Water Sensitive Urban Design”. To achieve the required detention and water quality, there are a combination of treatments proposed to be used, these include the construction of vegetated swales, pond/sediment basins and rainwater tanks at each dwelling. These treatments will hold stormwater and discharge off site at the same or lesser rate that the pre-development condition. As a part of Council’s due diligence, council engaged the services of Umwelt to undertake a peer review of the stormwater management plan and associated documents. It was found the layout and performance of the stormwater management system is considered reasonable and adequate to convey 1% AEP design flows. Certain matters relating to the stormwater management system were not fully outlined or clarified in the SMP. These matters are to be addressed and confirmed at the detail design stage through development consent conditions. B7.7 Landscaping Titania Road has adequate roadside vegetation and scattered patches of vegetation throughout the site, which provides an appropriate level of landscaping for the proposed subdivision along the main road frontage. B.7.8 Street Signs The applicant is required to supply and erect street signs to Council’s standards.


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B.7.9 Street Names Any street name will be determined once the detailed design is submitted Council, with Road names subject to the relevant process and resolution of Council prior to the registration to the Geographical Names Board. B.8 Development Guidelines B.8.3 Public Open Space The DCP describes public open space as being determined by how easy it is to get to, how well it is used and how pleasant it is to be there. The location of the subdivision means there are no linkages to existing areas of public open space and the size of the lots means there would be little demand for public open space. This same principle has been applied to the existing Titania Estate and other R5 developments within the Council area. B.8.4 Lot Size Lot sizes are not less than 1ha and have an average of more than 2ha with a lot size average of 2.21 hectare which complies with the Oberon Local Environmental Plan 2013. The sizes of the proposed lots vary around the development site to suit the land constraints of each area as a result of the bushfire and effluent disposal reports that have identified required buffer and protection zones. B.8.5 Shape of Lot All the proposed lots are of a size and shape which provide an adequate space for a 20m x 30m (600m2) building envelope with 10 metre setbacks to all boundaries and provide a minimum of 40m separation between adjoining building envelopes, with most exceeding 50m. Each lot has additional area identified for effluent disposal areas suitable to cater for a large house. B8.6 Stormwater Drainage As detailed earlier a stormwater management plan has been developed for this subdivision which identifies the drainage system is suitable for a 1in100 year rain event and any runoff pollutions comply with the highest reduction target for “Water Sensitive Urban Design”. The peer review undertaken by Council confirms that the development will not have adverse effects on the environment in the surrounding area. 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 with a bitumen seal width of 8 metres and a compacted gravel depth of 200mm. A bitumen seal is to be provided by the developer where the road to be dedicated connects to an existing sealed road. A full detailed design will be required to be submitted prior to any construction being undertaken, with a condition of consent having been placed to ensure compliance with this requirement. B11.3 Footpath, Nature Strip, Kerb and Gutter The proposed development is not required to have any footpaths, nature strips or gutters. This is consistent with the existing Titania Estate and other R5 subdivisions undertaken in the past. B.11.5 Turning Area The DCP prescribes a turning area with a minimum radius of not less than 9.0 metres. The plans do not show these courts bowls however the road reserve of 20 metres has the capacity to cater for the required radius. The design will be required as part of the construction certificate, with a condition of consent having been placed to ensure compliance with this requirement.


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B11.8 Service Conduits Where required by a service authority, the applicant shall provide service conduits or sub mains in road crossings. Given there are limited services to be provided, this requirement is considered unnecessary. B.11.9 Roadworks Construction certificates are required for all road works in the Oberon Council area for subdivision. Roads should be located and designed to minimise interference with natural drainage and reduce risk of soil erosion. All new roads shall be constructed by the applicant to a standard determined by Council having regard to existing and future levels of use. Where development results in increase traffic flow along existing roads Council may require the developer to upgrade that road to a standard appropriate to the traffic generation potential of the development. Titania Road is of a suitable standard however the intersection of Titania Road and Beattie Road requires upgrading in which condition of consent having been placed to ensure compliance with this requirement. 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. As there is no sewer reticulation available to the Oberon sewerage treatment plant, the only available option is therefore on-site effluent disposal systems, which is consistent with the existing Titania Estate and other R5 subdivisions in the past. The peer review undertaken by Council confirms that the proposed conceptual management approach for on-site disposal of effluent in the subdivision is considered appropriate and should achieve environmental objectives. B12.3 Stormwater and Surface Water Drainage The applicant shall construct stormwater and surface water drains as required and also must provide all easements and where necessary, transfer to Council any necessary drainage reserves. Council has a Development Contribution Plan for town drainage. Release of plans of subdivision and the Subdivision Certificate would be subject to pre-payment of the prescribed amount. B12.4 Common Drainage The applicant shall provide common drainage lines and easements to Councils specifications. Easements shall be created in favour of those lots served by the drainage lines and burdening those so affected by the drainage line. B.12.5 Public Reserves The DCP requires that public open space shall be provided at the rate of 3 hectares per 1000 EP (Equivalent People), as calculated by the maximum servicing requirement of the subdivision, by transfer to Council by dedication as public reserve; or, where it is not possible or reasonable to dedicate land as public reserve, be a monetary contribution for the acquisition to embellish public reserves within the village or release area. The applicant complies with the requirements of the DCP by virtue of a monetary contribution in this regard. B12.8 Electricity Supply Applicants are required to consult the appropriate Energy Authority to ascertain the cost and availability of reticulation of power supply, with all lots to be provided with power prior to the issue of the subdivision certificate.


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B12.9 Telephone Written evidence shall be submitted, indicating that the proposed subdivision can be served by underground telephone cabling or is able to be connected to the NBN fixed wireless. B12.11 Common Trenching Subdivision design shall provide for the common trenching where possible of services to reduce the number of trenched and the amount of land required and to reduce costs and disruption due to maintenance. B12.12 Geotechnical Report The designer will need to verify: 1. That a building site of adequate size and shape exists on each lot and is not subject to slip or

subsidence and;

2. That each lot is suitable for sewer connection via a gravity line or alternatively it is suitable for

on-site waste water disposal. For any lot less than 4 hectares a report in accordance with A.S

1547 ‘Disposal Systems for Domestic Effluent from Premises’ is required.

A Geotechnical Report has been submitted which states that there is a low risk of landslip within the proposed development. A Geotechnical Report also states that each lot is capable of having onsite effluent disposal areas. A peer review has been undertaken by Council confirms that the proposed conceptual management approach for on-site disposal of effluent in the subdivision is considered appropriate and should achieve environmental objectives. B.14 DEVELOPMENT APPLICATIONS FOR SUBDIVISION B14.11 Staged Development Where staging of development is proposed, an application is to be lodged for the total development and stage release of final plans applied separately, at the appropriate times. The construction certificate and subdivision certificate will have a staged release, as detailed in the table below:

Stage Number Lots to be released

Stage 1 1 to 9

Stage 2 10 to 19

Stage 3 20 to 30

Stage 4 31 to 35 & 45

Stage 5 36 to 44

B14.12.1 Water Supply The applicant has elected to disallow any additional or new ground water bores to the proposed lots via a restrictive covenant on the land. The lots will therefore be relying on rainwater tanks for the potable and non-potable water supply, including fire fighting. All dwellings to have a minimum reserved storage of 25,000 litres, or access to permanent water for fire fighting and a domestic water storage is to be a minimum of 75,000 litres. The proposed potable water storage of 75k/l is considered to provide adequate water supply for the personal use. A 3-bedroom house is calculated to use 175k/l per year for internal use, therefore in the event of only 600mm annual rain fall (114-year average is 823.3mm per year - BOM) with a 300m2 roof catchment will provide 180k/l per year, thus providing adequate potable water supply.


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The use of water tanks as the sole source of potable water is common practice across the entire council area, in both R5 & RU1 zones where a reticulated water supply is not available. This includes all lots on the existing Titania Estate area. B14.12.2 Sewerage Disposal Council requires that all residential development on rural land be serviced by an adequate on-site waste-water disposal system. As previously mentioned, the systems have been designed to ensure that each lot can safely and adequately dispose of the effluent with a nominated effluent disposal area of 1000m2, having been identified for each lot. Relevant conditions of consent will be applied to ensure that the relevant standards and protections are achieved. B14.12.4 Fencing of Boundaries Council requires that the lot boundaries be fenced as a condition of subdivision approval, with all fencing required to be completed for each specific stage of the development. B14.12.9 Dwelling Setbacks and Buffers It is intended that dwellings on adjoining lots not be close to one another in order to provide a high level of privacy, and the relative isolation expected in rural area. - A buffer of 150 metres is to be provided between the nearest external wall of any proposed

dwelling and the boundary of an adjoining or adjacent lot, allotment, portion or parcel of land

comprising Class 1, 2 or 3 prime crop and pasture land. The distance may be reduces to 50

metres is a buffer management plan incorporating acceptable natural or artificial buffer

between the proposed dwelling and the adjoining agricultural lands is submitted to and

approved by Council and implemented to the satisfaction of Council prior to the occupation of

the dwelling and issue of occupation certificate.

The building envelopes for lots 14,15, 29, 30 & 35 will all be location within the 150m of RU1 land which is considered prime crop and pasture land and therefore a buffer will be required to be implemented prior to the occupation of the dwelling and issue of occupation certificate. Although the DCP doesn’t requirement the installation of the buffer as part of the subdivision, such inclusion is considered to be beneficial to allow for the plantings to start and establish well prior to any residential use of the land, thus reducing potential impacts at later stages. A condition requiring the preparation of a buffer management plan and implementation has been included within the consent conditions. DCP PART I Rural Development This section is not relevant to subdivision as Part B has captured all necessary requirements. DCP PART J TITANIA PARK ESTATE J.7.1 Objective To minimise the cost to the community of providing, extending and maintaining public amenities and services and to ensure that the interests of agricultural practices in the vicinity are not prejudiced. Subject to this plan or to any environmental planning instrument, Council shall not encourage further approval to the subdivision of land within the controlled land use area. There is no opportunity for further subdivision given the existing policy as the estate will result in an average lot size of 2ha, this includes the entire area of proposed lot 44, which will require a note to


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be applied to title to ensure that any future owners are aware that without further change to the Oberon LEP, that no further subdivision is possible. J7.2.6 Building setback To encourage the siting of dwellings to maximise solar access, establish privacy and minimise adverse impacts on adjoining premises. Any buildings or structures shall not be erected within 10 metres of the lot boundaries. The building 20m x 30m (600m2) building envelope have a minimum 10 metre setback to all boundaries and provide a minimum of 40m separation between adjoining building envelopes, with most exceeding 50m. 4.4 Likely Impacts of the Development The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality: Context and Setting The proposed development involves the subdivision of forty-four (44) large lot residential Torrens title allotments with a lot size range from 1ha to 27.62ha and one RU1 lot with a size of 70.95ha. The development site is located adjacent to the established Titania Estate of which the lot sizes range between 2ha and 6 ha. Although the lots sizes in the proposed development can be as small as 1ha, the average size of lots of 2.21 hectares and the overall density of the proposed development is consistent with permitted minimum of the existing Titania Estate. The land in which the development is proposed is rolling hill and has always been utilised as agricultural grazing and cropping land which the surrounding lands could view agricultural fields. However, once the land was rezoned to allow for large lot residential development, the longevity of such views and use where always at risk of being lost, thus is now occurring as a result of the proposed subdivision. It is a common problem when the land use is changed with the original lesser impact use, being replaced by a more intense activity and the character of the landscape is changed. This change although not without impact, it permitted by the previous Oberon LEP amendments and therefore a permissible use on the land with will be consistent with the changing context of the land and surrounding area. The future development of the sites for the purpose of building a dwelling and associated structures will require further consent which will see relevant assessment undertaken for each specific site. It is reasonable to expect that any future property owner will undertake degree of onsite landscaping to protect their own amenity, which will again alter the appearance of the land. It is noted that the views which maybe impacts by some of the surrounding properties are neither iconic or protected and therefore very difficult to consider loss of views as a justifiable ground for the refusal of the consent. Traffic generation and impact on road network The development will generate an increase in traffic volumes on Titania Road however this will not require an upgrade as it is suitable to cater for the additional traffic created by 44 additional lots residential lots proposed for the site. Access The proposed subdivision will have one access from the Titania and Beattie Road intersection which will be upgraded to a suitable standard. The upgrade will ensure that all required sight distances and configurations comply with the relevant road standards.


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Council’s Engineering Department have reviewed the proposed access design and subsequent works and are satisfied that they will comply with the standards, subject to full design being provided with the construction certificate application. Utilities As discussed, each lot will have access to electricity, telecommunications, on-site sewer and potable water byway of onsite water tanks. The supply of the required services is the responsibility of the developer, with details of supply and compliance required to be provided prior to the release of any future subdivision certificate. Land Resources This land is currently and has historically been used for agricultural purposes. The subject site was rezoned in 2013 from rural to R5 Large Lot Residential. The primary production resource will be lost as a result of this subdivision with the lots only being large enough for the keeping a small number of animals or gardens. This is not inconsistent with the zoning and subsequent development of the land for the purpose of large lot residential use. Flooding No formal flood study has been provided or undertaken by either Council or the applicant. The stormwater management plan that was submitted as part of the hydrological constraints assessment and has been prepared to cater for a 1 in 100 year rain event with each of the four catchment areas designed with appropriate retention to ensure the impacts between the pre-development and post development flows minimised. The stormwater design has been peered reviewed and considered to adequately address the potential risk. Council staff considers that with the use of stormwater drainage, infrastructure and easements, the proposed subdivision will be acceptable in terms of providing flood free building envelopes and not increasing the impacts of any downstream properties. Water As previous mentioned within the report the applicant has elected to disallow any additional or new ground water bores to the proposed lots via a restrictive covenant on the land. The lots will therefore be relying on rainwater tanks for the potable and non-potable water supply, including fire fighting. All dwellings to have a minimum reserved storage of 25,000 litres, or access to permanent water for fire fighting and a domestic water storage is to be a minimum of 75,000 litres. The proposed potable water storage of 75k/l is considered to provide adequate water supply for the personal use. A 3-bedroom house is calculated to use 175k/l per year for internal use, therefore in the event of only 600mm annual rain fall (114-year average is 823.3mm per year BOM) with a 300m2 roof catchment will provide 180k/l per year, thus providing adequate potable water supply. The use of water tanks as the sole source of potable water is common practice across the entire council area, in both R5 & RU1 zones where a reticulated water supply is not available, this includes more than half the lots on the existing Titania Estate. Contamination The site has a history of agriculture, predominantly grazing. A Contamination Investigation to identify compliance with State Environmental Planning Policy No. 55 (Remediation of Land) was undertaken by Envirowest consulting, found the sheep yards within the property to have a higher than acceptable levels of zinc. The report recommended that the zinc impacted soils are remediated to enable residential land-use. There is to be a Remediation Action Plan prepared and the land decontaminated, after which a certificate of validation is to be provided to Council.


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A condition requiring the above, has been included within the proposed conditions for this development. Consultation Public notification was conducted on two separate occasions, with the details below and summary of the submissions can be found in section 4.6 of this planning report. The application was notified one two separate occasions first being between 30 January to 20 February 2018, during which 27 submissions were received including one 72 signature petition, 3 submissions were received after the close period. The second exhibition period to display additional information was conducted between 22 October to 21 November 2018, with 12 submissions being received during that period, it is noted that they were from the same parties whom made submission in the first period also. 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 Disposal As previously discussed, the applicant has provided a stormwater management plan to manage and dispose of stormwater runoff from the site and which mitigates and prevents unnecessary impacts on neighbouring properties. Heritage The proposed development site contains no heritage listed list or is in the vicinity of such and therefore is not expected to impact any items of heritage significance. If any aboriginal places or objects are found, work should cease immediately at the specific location and the NSW Heritage Council contacted for further direction. Air and microclimate The proposed development will not result in negative impacts on the surrounding air and microclimate. It is expected that the further management of the land will result in a lessening dust impacts, especially with the sealing of the roads that currently provide access to the sites being sealed. Flora and fauna The site does not comprise any significant habitat and vegetation that is proposed to be removed as a result of this subdivision. As such there are no issues with the development and its impacts on flora and fauna. Waste Domestic waste generated from the site will need to be either transported by the property owns to an appropriate waste facility or engage with a private waste contractor to undertake a waste collections service. These are the same arrangements currently available to the existing Titania Estate. Natural hazards The development site is identified as being bushfire prone land, which required a Bush Fire Assessment Report to be prepared and submitted with the development application. The assessment was referred to NSW Rural Fire Service with no significant concerns regarding bushfire identified, other than the inclusion of standard type conditions that they require included within the conditions of consent.


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Safety, security and crime prevention There are no issues with the safety and security of the design of the development. Concern have been raised via submission that the development will create issues further down Beattie Road, due to no paddock fencing or alike, this claim is without evidence and given that Beattie Road is a current unsealed public road access to all is readily available. Social impacts in the locality The proposal will result in the addition of forty-four (44) residential Torrens title allotments in the Titania Estate. There are no services in the estate and due to the distance from Oberon and the lack of public transport, Titania Estate could result in social isolation for certain groups who are unable to use a private vehicle. Given that the local area is services by community transport and a private hire car service there are considered to be adequate means to ensure these risks are minimised. Economic impact in the locality In general, a small economic benefit to the community can be expected due to the attraction of large lot residential living which may draw people to live in Oberon which would result in potential benefit to the local business within the area. Site design The design of the subdivision has been formed around existing road reserves and the natural drainage contours of the site. The potential land use conflicts between the large lot residential and the primary production land is acceptable and able to be further alleviated by the installation of required buffer planting at the time of a dwelling being submitted. The minimum lot size is 10,000m2 with any future dwelling built on the subject land to have a coverage of less than 4.0%, with a separation of not less than 40m between any of the dwellings on development. The identified building envelopes and existing vegetation will ensure that no standard style dwelling will be silhouetted behind the skyline, thus reducing visual impacts. 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. Cumulative Impacts The proposed subdivision is not considered to place any unacceptable cumulative impacts on the local area, with all environmental impacts having been considered and found to be managed within the confines of the development. 4.5 Suitability for the Site for the Development

The subject site is within the R5 Large Lot Residential Zone and is considered suitable for the proposed subdivision. Post subdivision, dwelling houses will be constructed on each respective lot. The application and relevant assessments has concluded that the site constraints are conducive to the development. 4.6 Public Submissions

During the assessment process the proposed development was notified one two separate occasions first being between 30 January to 20 February 2018, during which 27 submissions were received including one 72 signature petition, 3 submissions were received after the close period. The second exhibition period to display additional information was conducted between 22 October to 21 November 2018, with 12 submissions being received during that period, it is noted that they were from the same parties whom made submission in the first period also.


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The table below summarises the issues raised in the submissions are detailed below with a copy of the full submissions separately attached to this report. There were also several newspaper articles objecting to the development, which have not been included as submission. SUMMARY OF ISSUES RAISED

EXHIBITION PERIOD 1 - 30 JANUARY TO 20 FEBRUARY 2018

Sub-mission Number

Issues

1

1. Increased traffic flow along Titania Road with inadequate site distances and undulating road.

2. Number of lots proposed with some lots only 1ha-preference minimum two hectares

3. Water collection, septics, drainage and bores and indicated that there will be 49 bores which will have an impact on the water table

4. Liken to a satellite suburb

2 1. This DA is a direct contradiction to the objectives of Oberon Council in preserving its rural character.

2. No sense in approving a multi lot development on Titania Road which carries in the main gravel and timber trucks.

3. 1 hectare lots 8km from town is counter productive. 4. Blocks should be minimum 5 ha to cover the needs of on-site Septic, water

catchment and possibly a bore 5. Each lot with its own bore seems problematic, and there will be long term

concerns regarding 47 Septic tanks in a small area. 6. The proposal if approved will generate substandard housing due to its actual

long distance to town and lack of services and traffic noise. 7. Will have a negative effect on property values

3 1. Objection to the size of the lots – should be preferably 3 ha similar to the Titania Park Plan.

4 1 Concern regarding the proposed density. 2 Focus on the disposal of Waste Water with the geotechnical engineer

recommends the use of Wisconsin Mounds which is unclear as to why they recommend this system. Mounds are costly to build and in concentration may alters surface flow water and require ongoing maintenance as they use electronics and electric pumps and require expensive periodic repairs-if not done the effluent back up which in such a dense development the break down could cause adverse public health implications.

3 Lots sizes should be increased to 5 acres and consider the use of a community waste treatment facility

4 Concerns regarding the health of the local aquifers if the 49 lots require bores.


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5 1 Object to the minimum lot size with some being as small as 1 ha which is more than doubles that of Titania Estate

2 The proposed density will detract from the rural ambience to a large lot urban environment.

3 Would prefer that a minimum lot size of 2 ha is maintained.

6 1. Believed that the minimum lot size was 2 ha. 2. Density is too high 3. No parks to break the hosing line cluster or bus shelters 4. This density may require a mini Sewerage Plant 5. Will proposal have a dwelling capacity-can you have two dwellings on each lot

or a single residence plus senior combined dwelling 6. What requirement will be undertaken in regard to tree planting? 7. Why not include even smaller lots to suit the SEPP (houses for seniors and

people with disabilities. 8. Would like to see an overall proposed preliminary plan for Oberon 9. Council to identify sites suitable for subdivision.

7 1. The proposed development will destroy the character and the beauty of the landscape and neighbouring properties.

2. Council should prevent degradation of agricultural land and primary production.

3. The adverse impact of this development on close farming properties have not been addressed.

4. The reduction in lot size was not in the original Da application and the subsequent amendment to the LEP was not shared to local residents.

5. Titania road is a bypass road for heavy traffic and not suitable for a 49 lot subdivision development, with the developer dismissing any traffic concerns with Titania Road because it is not classified as a main road.

6. No Impact statements on soil water air and noise pollutions have been provided.

7. Density is an issue with the risk of septic runoff to adjoining dams and rivers. 8. Property values will decline. 9. Rates will increase.

8 1. Too many small holdings. 2. Problems with sewerage. 3. Bores will drain the water table. 4. Increased fire risk. 5. Increased stock problems with dogs. 6. The view of the country side will be ruined. 7. Titania Road already has a lot of traffic especially, heavy vehicle movements.

9 1. Concern regarding 13 new access points off Beattie road causing conflict with passing traffic and access to lots 18, 19, and 20 will prove difficult with the proposed Covenant of preserving trees along the eastern corridor of those lots.

2. The increased level of development will alter the drainage patterns over the site causing negative impact on surrounding land holders.

3. Possible spread of noxious plants and animals. 4. Lack of adequate water supply. 5. Pollution of ground water and will create a problems for Council in regards to

waste water and sewerage disposal. 6. Rubbish removal has not been addressed. 7. Increased noise and dust pollution. 8. If approved should have a DCP similar to Titania.


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10 1. Why has Council chosen to alter the LEP for a single developer? 2. The O’Neill amendment to the LEP was not disclosed to the public –lack of

transparency and no public scrutiny. 3. This now creates a precedent for all R5 land. 4. The subdivision is located on a 100 k/m truck bypass Road. The idea of the

by-pass road is to keep noisy, polluting and dangerous traffic away from Residential areas. Fragar Planning dismissed any concerns with Titania Road as it is not classified as a Main Road and the application underplays the negative impact on new residents. And degrade the look and feel of the place

5. Does Council have and current Engineering studies on Water, air pollution and noise pollution for Titania to share?

6. The proposed DA has 44 lots which 75% are 1ha or more but <2ha but the lot retained by O’Neill’s is 28Ha

7. Sighting of endangered wildlife has not resolved. 8. NSW water recommended 5 Ha lot size. Why was this advice ignored? 9. This development will have a negative impact on the existing residents of

Titania Estate.

11 1. Not impressed with the scale, size and location of the proposed subdivision. 2. Located on 100k/m truck bypass road used mainly by gravel and timber trucks. 3. What impact will the 47 block with 47 Septics on the pristine rural properties

adjoining this proposal? 4. How will these new houses comply with water for Bush Fire fighting and how

will residents evacuate in the event of fire. 5. Why has Council changed the LEP for this application? 6. Should allow longer period for submissions, which would allow objectors time

to consult with relevant Government bodies. 7. Application should be rejected.

12 1. The ability of 49 lots to sustain separation of effluent from ground water. 2. The ability of 49 dwellings to control overflow in heavy rain events. 3. The ability of portable water to service 49 dwellings. 4. The ability of 49 household to legally maintain separation between bores and

sewerage. 5. Concern about the number of dogs that may be housed on 49 lots and the

potential to destroy livestock. 6. The negative effect on my bore which supplies my house and livestock with

water.

13 1 Developments such as this should not be put on this good rich soil. 2 Septic Systems should not be allowed as leakage will occur and all kinds of

pathogens will be washed down by gravity in to the town’s water supply over time from the aquifers and into the bore water used by residents.

3 What will residents use for a water supply as tanks will not be enough 4 This whole submission should be thrown open to the whole of Oberon

community not just 2 streets of people and the Council. A public meeting needs to be held.

14 1 Concerned with the concentration of lots and the Wisconsin Mound System for On Site Waste Water have problems, are expensive to install and maintain. Should install a small independent sewer treatment plant or increase the lot size

2 The neighbouring development to the west has a 5acres minimum and this development should be similar in size.

3 There is no provision for small parks with trees, bus shelters etc.


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4 Titania Road is a busy road with lot of heavy vehicles. 5 Happy to see growth but it must be planned properly to avoid future problems

in these” satellite suburbs”.

15 1 Conflicting plans showing different lot sizes, location and variation-which is correct?

2 The proposed lots are in contradiction with the existing area. 3 Concerns for increase in noise and traffic on Titania Road 4 No buffers are proposed to reduce noise and maintain privacy. 5 The number of new residences will have an impact on available water in the

area. 6 Will now need a garbage collection service due to the increase number of

residents in the area.

16 1 The proposed development with 75% of being 1ha to <2 Ha is inappropriate and alters the look and feel of the existing Titania area.

2 Concern with a high-density development fronting a major by-pass road. 3 Too many lots will have a negative impact on noise, water to aquifers and river

systems. 4 Why develop such small lots 7klms from town with no utilities or infrastructure.

17 1 An urban development in a rural area. 2 This development is more concentrated that existing Titania and have

concerns with the increases in traffic on Duckmaloi, Edith and Titania road. 3 Lack of water. 4 Septic run off is a concern with for the surrounding areas.

18 1 Subdivision is in appropriate in its current form. 2 If bores are proposed there would be a negative impact on the water table. 3 Should consult with the relevant Fire Brigades for both sides of Titania-town

water would be appropriate. 4 The increase in the amount of Septic Systems would need contract monitoring

by Council to ensure no contamination to the water table. 5 The average smaller lot sizes is only 1.5Hect and the averaging is only

achieved when the two larger lots of 24.92 Ha and 76.39ha are included. 6 Should hold a community meeting to address the concerns of Titania

Residents.

19 1 Proposed Stage 3 will have an impact on my view. 2 This development will see increase in population which will have an impact on,

roads noise pollution, water and create sewerage pollution. 3 If approved this could mean that other landholders may follow suit and create a

nightmare for rate payers, already living in the area.

20 1 Concern with the fact that a superseded plan was provided and not the actual plan when notified.

2 NSW water in Dubbo advised that the land is not suited to a small subdivision as proposed and they would prefer the minimum lots to be bigger and opposed to the installation of bores.

3 Council should take steps to ensure bores are not permitted 4 Council should take notice of NSW water concerns re sewerage. 5 There is a demand for smaller blocks with services close to town, not small

blocks with no services 6 Fewer than half of the blocks will have a rural outlook. 7 Noise of log truck on Titania road. 8 The new occupants could demand that if approved Council may have a


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responsibility to provide services. 9 Increase land conflict between zones. 10 Detrimental effect on the water table if bores are sunk. 11 Estimated 40 dogs in the new subdivision would have serious consequences

for graziers in the area. 12 Lack of water for bush fire fighting. 13 The heavy use of Titania Road for logging and quarry trucks would make it

unsuitable for students to cycle to and from school. 14 Inadequate infrastructure and services available. 15 Set a precedent for other landowners to want a minimum lot size of 1ha.

21 1 Potential loss of livestock to dogs and guns 2 Chance of increased in trespassing on private properties by new residents. 3 Potential need to fence part of Beattie road and there is no inclusion of a

fenced buffer zone with the proposed subdivision and adjoining neighbour as was required with the original Titania subdivision.

4 Increased risk of fire spreading quickly to adjoining properties. 5 Drivers when entering Titania road from Beattie Road will face a risk from large

fast moving trucks. Will the speed limit be reduced to 80km? 6 How will noxious weeds be enforced? 7 How will biosecurity legislation be enforced? 8 The possible impact of 43 bores on the aquifer need to be addressed - bores

should be prohibited. 9 Potential impact on fish and platypus in the Duckmaloi River needs to be

addressed. 10 Threat to the viability of neighbouring farms. 11 A full environmental impact study on the potential impact of the proposed

development on springs and water courses is required.

22 1 Majority of the residents are opposed to this development-over 70 residents have signed a petition against this development.

2 Concern regarding the 1 ha lot sizing with an average 2ha has been manipulated and compromised in this instant.

3 This proposal will materially change the nature of Titania Estate as it is and goes against the Vision Statements outlined in the Draft Oberon community Strategic Plan 2015.

4 There are no buffer zones to the by-pass road nor from spray, drift from herbicide and pesticides.

5 Titania road is a major 100 km by-pass road with large gravel trucks and will propose a safety risk to residents of this subdivision.

6 Real concerns over environmental impact on water security, aquifers and river systems, pollution from septic run off and noise and domestic animals.

23 1. This development will have an adverse effect on our property and our view. 2. The proposal is not consistent with the objectives and provisions of the

Oberon LEP 2013 or the Oberon DCP 2001 3. Having the home lot of the existing owner included in the subdivision

significantly distorts the averaging lot sizing and makes a mockery of the planning requirements other than maximising the return to the owners.

4. In the Statement of Environmental Effects it would appear that Macquarie Geotechnical are not prepared to guarantee the performance of the proposed systems.

5. The proposal is not consistent with clause 1.2 of the LEP. 6. The proposal is not consistent with Clause 2.3 of the LEP.


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7. No provision for water and sewerage, parks public open space or any recreation facilities.

8. Does not meet the minimum lot size with Clause 4.1 of the LEP. 9. Does not meet the requirements of 5.9 (preservation of Trees or Vegetation)

of the LEP. 10. The actual design fails to meet the objectives of DCP clause B7.3 and B 7.4. 11. Drainage has not been adequately addressed and the effect of additional

stormwater discharge. 12. What is proposed to provide water to the subdivision and are bores to be

provided? 13. Application is ill considered and incomplete. 14. Suitable land should be set aside and dedicated to Council for public

recreation/open space.

24 1. The effect of ground water with 47 bores proposed. 2. Runoff from septic tanks. 3. No Buffer zone between this development and RU1 zone. 4. Concerns with meeting the requirements of Bio-security with the extra volume

of people running around. 5. The impact on the value of adjoining properties.

25 1. The size and density of this proposal does not fit with the context and lifestyle of the area.

2. The increased traffic flow will have a detrimental effect on the watercourses, flora and fauna.

3. The proposal contravenes the aims outlined in section 1.2 Para 2(c) and (d) of the LEP and these concerns outweigh the potential benefits of the developments.

4. The proposal does not comply with the intent of Section 4.1A para 3(c) and (d) as this development will not retain the environmental attributes of the land.

5. The size of the lots should be increased to 2ha which would allow for a more fitting and environmental sensitive development.

26 1. Not enough information provided to consider potential for conflict between the quarry and future residents of the proposed subdivision and we object to the application in its current form.

2. SEPP (Mining Petroleum Production and Extractive Industries)2007 Part 3 Clause 13 has not been addressed and Council should place the application on “stop the clock”

3. The SoEE does not provide details of adequate assessment or mitigation to the approved scale of the Mudgee stone Quarry and processing operations.

27 Petition signed by 72 Community Members - Major Points raised: 1. Development is contrary to the environmental and operational objectives of

Oberon Council. 2. Lot averaging is well below the minimum standard. 3. NSW DPI recommends 2 Ha minimum. 4. Existing Titania has a minimum 2 ha. 5. Unlike Titania Estate which has some 50 metre wide buffer this application has

none. 6. Major threat to water supply and compromise existing bores. 7. Threat to the environment –air pollution, noise & traffic, sewerage & pollution

and runoff to Duckmaloi and Fish River. 8. Need to protect our farming Communities.


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9. Protection of water supply from the dams springs and aquifers. 10. Threat to the primary production in the area. 11. Out of town suburb with no essential services. 12. Titania Road is a truck by-pass road for gravel and log trucks and the safety of

new residents will be compromised. 13. Potential reduction in property values and potential increase in rates. 14. Zero public benefit. 15. Council should obtain the approval from the Ministry of the Environment,

Ministry State Planning Ministry of Natural Resources, Ministry of Agriculture and farming and Local Government.

Received after the Notification Period had closed

28 Received 4 March 2018 1. This DA is outside Council guidelines it that it allows lots smaller than 2ha 2. The likely hood of more Houses, Bores will drain the Aquifer creating much

lower flows downstream thus impacting dams at Bloomfield and ultimately the Duckmaloi River.

3. As the lots are small the developer should supply reticulated water to the site 4. A full Environmental Impact study should be carried out including a review of

the aquifer and environmental flow down stream from this development. 5. Council needs to safeguard the unique environmental attractions it has and in

particular the water flows within the dam and rivers.

29 Received 15 March 2018 1. Concerns re allotment size traffic, risk to the Environment and potential health

problems arising from pollution of the underground water to people who live on the estate.

2. It would appear that Council has ignored the advice of NSW and are there any future ramifications for Council in ignoring this advice.

3. The DA needs to be for 5 acre lot size and if they were there, would be no objections forthcoming .The proposal is for profit and self interest.

4. Councillors need to ask if they are here to support the community or support self interest.

30 1. Poorly thought out proposal on the outskirts of Oberon 2. In Current format the Application should be refused as the as the average 2

acre lot size is too small, there is only one access road, multiply septic tanks 3. How many bores will there be 4. Titania Road is a heavy thoroughfare –more traffic more likely for fatality 5. Will Council build a by-pass road away from this subdivision 6. Drainage problems. 7. Is a garbage collection point being considered. 8. Is there enough power available and will it be underground. 9. Is street lighting proposed? 10. Are there restrictions or covenants re retention of tree line and style of home to

be built. 11. Density housing will create noise issues. 12. Will need more parking in the Oberon Township to meet increase in traffic. 13. Is a Council park planned for the new development? 14. Will bus and school bus service the estate? 15. Will town gas be available? 16. Will there be burning off restrictions due to housing density. 17. Air pollution to the area will increase.


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EXHIBITION 2 - 22 OCTOBER 2018 – 21 NOVEMBER 2018.

1 1 40 1 hectare size lots is not in keeping with the area. 2 Current Water supply will be affected -if bores are to be relied upon such a

large number would be deleterious to the water table. 3 Issues with sewerage disposal for such a large development. 4 This development will result in a little suburbia in the middle of a rural area. 5 Large lifestyle blocks would be more sympathetic to the overall landscape.

2 1 Hope a lot of thought goes into the decision making process.

3 1 City like suburbs in the countryside will damage our capacity to be a rural shire with Oberon loosing its character and charm.

2 Decision should not be made at the December Council meeting and should be deferred to another future date and Council should canvas the opinion of the whole of the Local Government area.

3 People including Councillors may be away during this time of the year-best to avoid any possible suspicion that the meeting is scheduled to achieve the right outcome of the vote.

4 This is an unsightly subdivision of small unserviced lots that will devalue and degrade the land of neighbouring farms.

5 There are no proper provisions for water and no jobs for people that come here to live.

6 Small subdivisions like this should be closer to town where they can connect to town water and sewer.

7 This development will be an ugly blot on the landscape, with no acoustic or visual privacy, no water security.

8 Septic systems will pollute ground water and surface pollution will wash onto neighbouring farms and river systems.

9 The design does not provide proper buffer zones between prime farm land and residential areas.

10 This will set precedence for future rural subdivision. 11 The lot numbers should be reduced to around 10 lots over 70 hectares 12 The Hydrological study does not address the fact that there will be 43 new

dwellings with individual septics and there is a high risk that many Septics will fail.

13 All Councillors should receive a copy of all the submissions at least a week out from the Council meeting so they have an opportunity to read them in their entirety.

4 1 Council has shown little regard for submissions already received. 2 No accurate or factual reposts specific to this location has been presented by

Council. 3 In my Experience Council have not required designs for stormwater

management. 4 I mentioned bush fire previously and no one has got back regarding this issue. 5 There are no requirements for hydrants-how do we meet the strict

requirements of the RFS-should there be a catastrophic bushfire events will there be enough water to fight it and how will residents evacuate on 1 access point.


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5 1 99.9% of Titania residents object to this development. 2 Council has not shared EIS, Hydrological Study (Peer review) and the visual

Impact study. 3 Main concerns:

- Land use conflicts ,restricted Buffer zones ,Environmental concerns, limited water supply, soil degradation, drought, salinity, noise and pollution, preserve farm land and the character of Oberon as a Tourist destination.

6 1 This Development Application should not go to the December Council meeting as many people will be on holidays and if any Councillors are away from this meeting the vote may not reflect the true view of Council.

2 Concerned with construction dust and road dust associated with the new development.

3 Council needs to check for naturally occurring asbestos. 4 The subdivision has no proposed buffer zones. 5 Land values will be affected if this subdivision goes ahead. 6 Another great concern is land use conflicts that this subdivision will create. 7 Stray domestic dogs will be a concern for other farmers and their livestock. 8 Septic failures and polluted water run off will affect a large number of people in

the area. 9 Traffic volumes will double. 10 Farming enterprises will be negatively impacted and their land will decrease in

value.

7 1 There are many errors and inconsistencies in the Hydrological Study provided. 2 Measurers proposed in the Enstruct stormwater management plan will not

prevent substantial runoff and environmental impacts including damage to property and pollution of such runoff flowing from such events.

3 Who will bear responsibility for flood damage to neighbouring properties? 4 What impact will pollutants carried by flood waters have on the Duckmaloi

River and who will wear the legal liability. 5 Council has not followed the advice from State Water with respect to minimum

lot size. 6 A 20 metre Buffer zone between property known as Bloomfield and 175 Titania

Road should be incorporated to assist with the possible stock losses, fire breaks, land use conflicts, and prevent the dumping of rubbish on neighbouring property and reduce the visual impact and meet the requirements of Biosecurity.

7 If the development is approved the developer should pay for a buffer zone and the fencing of Beattie Road through “Bloomfield” to the south of 175 Titania Road.

8 The Environmental impact assessments are inadequate and should have been recognised as such.

9 The date of the Council meeting being the 18 December 2018 seems to be an inappropriate date due to its proximity to Christmas for these serious matters to be considered and the matter should be deferred until February 2019.

8 1 The horrors of this development dividing up a farming property, contamination of the water table and underground water, septic tanks and run off into adjoining properties and creeks.

2 Increased population and pollution of roads, increase in rubbish will result 3 Noise pollution with the development of roads and building of the houses. 4 Increase in Traffic along Titania road which is already a very busy road with

log trucks and quarry trucks. 5 Loss of the visual landscape.


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6 Lack of sewer and water. 7 Australia needs more sustainable properties.

9 1. This Development application cannot be passed by Council based on the hydrological capacity of the site.

2. Waste water defers the proper investigation of ground condition and assessment and the determination of the appropriate waste water systems to discussions between Council and the individual owners of the lots-Council needs to give this more thought, The waste water study does not address the risk of failure over time for the number and concentration of systems and the resulting contamination risk.

4 The desk top study of stormwater states that runoff will be the same whether the land is grazing land or have 43 homes across it-this is incorrect.

5 The 43 new homes will generate usual load of Suburban rubbish and will also include as well as, exotic plants and seeds and oil from 70 + cars, and other contaminates.

6 Added significant risk for Septic failures with so many in a little area. 7 This development cannot harvest enough portable and non portable water to

be self sufficient-water will need to be trucked in.

10 1 The reports by Enstruct re stormwater are a desk-top study only -they should have visited the site and spoke to the local farming neighbours.

2 The recommendation that swales and ponds will negate the effect on neighbouring properties is questionable. They have no understanding of” Gully-Rakers”.

3 Swales create all sorts of problems that were not addressed in the report, such as –breeding grounds for mosquitoes and midges, are often blocked sediment accumulation, collecting invasive plants.

4 Council should impose a well organised maintenance program on the swales. 5 Untreated effluent will have an adverse impact on bores to the SW, N and NW

of the lots 1-43. 6 The number of septic systems and the risk of leaks is unacceptable 7 This development will devalue farming land by creating a visual eyesore, land

conflicts damage to flora and fauna and increase dog attacks. 8 This development is unfair on the community of Titania who have invested

considerable amounts of money and resources to live in what they believe would always be a pristine rural setting.

9 Submission should not be summarised. Should be read in their entirety.

11 1 Initially we were concerned with 45 additional bores on the aquifer on which we rely on for our bore water which is essential to our continued habitability-we are now aware that a covenant will prevent bores being installed however this creates another problem-the likely of inadequate water supplies for this development.

2 If Council wants to increase density than its incumbent to provide water supply infrastructure.

3 None of the issues regarding the use of mound –based effluent system have been addressed in the wastewater report. Mounds are easily overloaded, prone to leakage and in most cases installed on level land and Council should ask for evidence demonstrating their success. More information is required.

4 The use of swales in their stormwater management plan poses many problems as stagnant ponds create a breeding ground for Mosquitoes, frogs’ rodents and snakes.

5 If someone desires to subdivide their property they must be made to install proper sewers and connect to the towns’ water supply.


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12 1 Object to the minimum lot size being reduced from 2ha to 1 ha. 2 The Hydrology report is based on mean weather conditions and no

considerations is made to extreme weather conditions. 3 The subdivision will have an impact on adjacent farmers in relation to domestic

animals, exotic plants and run off. 4 The Titania Park Development Plan states that Council shall not encourage

further approval of subdivision of land within the controlled land use area. If this development goes ahead it could form the basis for request of more subdivided land in Titania park area.

13 1 The Hydrological studies indicate that storm water off a grazing paddock is no different to a dense small lot subdivision- clearly this is not the case as when flood water come the adjoining properties will be subjected to all suburban flood water issues such as grime, surface detritus, road grime chemical residue weeds and animal excrements and farm animals of unknown health status.

2 Disappointed that the people carry out the study didn’t talk to the neighbours about local conditions.

3 The number of Septic systems in a concentrated area is doomed to failure. 4 This development will play havoc on the biosecurity of our farm. We are

required under legislation to control and eliminate all threats to livestock health and meat quality.

5 This land topography, geology and hydrological circumstances are not suitable for this type of development.

6 20 hectares lots would be more suitable.

14 1 Having 43 Septics in 70 hectares in a known catchment area will affect both groundwater and stormwater and there has been no data provided to council to confirm that so many systems will work.

2 There was only a desk-top study completed and no one actually came and spoke to people in the area that know what actually happens on the ground.

3 The swales will not cope with a violent storm dumping 75mm to 100 mm in one sitting.

4 This development will pollute our water ways. With 43 new dwellings, obviously there will be a level of rubbish and pollutants that won’t come from grazing land alone.

5 The stormwater study is not credible as the swales do not take into account that a culvert has to be constructed across them for each driveway.

6 Council has ignored the Department of primary Industry who consider that the minimum lot size should be 5 hectares.

7 With 43 new dwellings we are concerned about the number of domestic animals that will be introduced into the area. We already have calves attacked by dogs from the existing Titania subdivision.

8 Land use conflict is already a very real and costly issue for us without the addition of another 43 dwellings.

9 The recently introduced biosecurity legislation places obligations on farmers to eliminate both surface detritus and other contamination dangerous to stock and pastures.

10 The minimum lot size should be 20 hectares to provide some margin of safety between farmland and suburban developments.


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The issues identified in all the submissions summarised above can generally be categorised into the following groups, the majority of these issues have been specifically addressed in the body of this report with comments beside each of the matters raised also provided below.

Issue Comment

Lot sizes too small The lots are sized in accordance with the allowable provision of the current LEP, with the required average lot size having been met.

Groundwater bores No groundwater bores are to be installed on the new lots, with a covenant to be placed upon all titles.

Conflict of land uses Adequate separation and/or buffer will remove the potential for land use conflict in a similar way it is achieved within the existing Titania Estate.

Contamination of groundwater, due to septics

System design and site constraint considerations have been found to be appropriate to comply with the relevant standard and minimise environmental impacts.

Loss of quality agricultural land The subject land and other to the north had been rezoned to allow for residential development to be undertaken, thus the loss with subject to any application for the development of the land.

Lack of transparency and no public scrutiny.

The proposed development has been publicly exhibited on two separate occasions, with all relevant information made available for public viewing.

Potential impact on fish and platypus in the Duckmaloi River

As detailed within the report a full design and assessment of stormwater flows and pollution have been undertaken, with appropriate control measures designed to not negatively impact and waterways.

Road safety on Titania Road As per the report, the sight distance and design are suitable for the proposed development.

Visual impact As detailed under Context and Setting within the report, the retention of the views of the site where lost upon the rezoning of the land. None of the views within this area are considered to be protected or iconic and expected views of the site are not inconsistent with a residential development on R5 zoned land.

Lack of water for the sites As detailed in the report the proposed water tanks for the development will provide adequate storage, with reasonable catchment for each of the lots.

Need to fence Beattie Road The fencing of private land is the responsibility of the land owner. Beattie road is a public road, and this will not change as a result of this application.

Bushfire potential As the land was identified as bushfire prone land a full bushfire assessment was undertake, this requires each lot to provide asset protection zones within the subject lots to


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protect them from and potential bushfire.

Bio-security The Bio-security requirements remain in place, with any future land owner being obligated to ensure that they comply with the Act.

Hydrology reports are inadequate as they failed to talk to adjoining land owners.

The process of preparing the assessments are consistent with the practices for a green field site, the modelling and designs which are prepared based of the statistical data for a 1 in 100 year rain event.

4.7 The Public Interest:

It is noted that many of the submissions identify issues which are unable to be addressed as part of the 4.15 assessment process, as they question the rezoning and subsequent planning proposal processes. Neither of these matters are able to be considered as a part of this development application assessment, as the LEP is made and current planning instrument in force must be assessed against. The development has been assessed having regard to public interest, particularly in relation to managing the visual, safety and environmental impacts which have been discussed in this report. Council is mindful of the need to ensure that development occurs in a manner that is consistent and regulated by clear and measurable conditions of consent in accordance with the local planning framework and both local and state principles and guidelines. Council is further mindful of the need to assess all development applications individually and on merit, addressing the issues and avoiding emotive responses. Although the submissions are not without merit, they do not provide adequate evidence or planning ground for the application to be amended or refused. 5. FINANCIAL IMPLICATIONS

Section 7.11of the Environmental Planning and Assessment Act 1979 states: If a consent authority is satisfied that development for which development consent is sought will or

is likely to require the provision of or increase the demand for public amenities and public services within the area, the consent authority may grant the development consent subject to a condition requiring:

(a) The dedication of land free of cost, or

(b) The payment of a monetary contribution

For the purposes of this application, a contribution will be made in accordance with the Oberon Development Control Plan for any additional lot created. Section 7.11 contributions will be required to be paid by the applicant prior to the issue of a construction certificate for each of the stages of the development. Condition of Development Consent will be imposed that Section 7.11 contribution (Environmental Planning and Assessment Act 1979) must be paid prior to the issue of a Construction Certificate. Below is an example of the contribution fees payable under the 2018/19 Annual Fees and Charges payable per lot for this Development.


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Stormwater Per Lot $2,604.00

Public Open Space Per Lot $230.23

Community Facilities Per Lot $230.23

Emergency Services Per Lot $275.45

Rural Roads Per Lot $4,490.91

Total per lot $7,830.82

6. INTEGRATED DEVELOPMENT

6.1 Planning for Bushfire Protection 2006

The development was considered to be Integrated Development as defined under Section 91 of the Environmental Planning and Assessment Act 1979 as the application also requires approval in accordance with Section 100B of Rural Fires Act 1997. Correspondence was received from NSW RFS and a response was provided dated 9 January 2018, in which no objection was raised. There was a request to add a number of standard conditions to be included within the consent conditions. 7. 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 and the legislative processes followed. The applicant has appeal rights in the Land and Environment Court in relation to any determination, including if they are dissatisfied with the conditions of consent. Applicants can also appeal against a failure of the consent authority to make a decision within the timeframes specified in the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation), this is known as ‘deemed refusal’. 8. DISCUSSION & RECOMMENDATION

The application for a 45 lot subdivision is suitable for the R5 Large Lot Residential and RU1 Primary Production Zone and is consistent with the aims and objectives of that zone. Although some issues have been outlined in this report the issues are not considered significant enough to affect the viability and integrity of the design of the development as proposed and can be suitably addressed through appropriate conditions of development consent. Given the outcome of the assessment and on balance of all relevant factors, it is considered appropriate to recommend approval subject to conditions of development consent and for the reasons given below. 9. REASON FOR DETERMINATION

Reasons for Decision a) The proposed subdivision is permissible within the subject land zoned R5 – Large Lot

Residential zone through the land use table in the Oberon Local Environmental Plan 2013.

b) The development meets the relevant controls and objectives of the Oberon Local Environmental Plan 2013.

c) The development meets the relevant controls and objectives of the Oberon Development Control Plan 2001.


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d) The development is unlikely to adversely impact any adjacent or nearby properties or the environment as the detailed in the assessments and peer reviews have adequate controls in place.

e) The development will not impact on the primary production use of the land surrounding, as a result of the buffering and separation that is to be provided.

RECOMMENDED CONDITIONS OF CONSENT The application is recommended for approval subject to the following conditions: GENERAL CONDITIONS:

1. Approved Plans The development is to be carried out in accordance with the approved stamped plans prepared by: The following details are relevant to this report:


SoEE Report Fragar Planning & Development 21 August 2014

Proposed Subdivision, Detail Survey and Lot Layout

CEH Survey 22 September 2017

Contamination Investigation Envirowest Consulting 27 July 2017

Bush Fire Assessment Report

Barnson 12 December 2017

On-site Effluent Management Report

Blue Mountains Geological and Environmental Services

October 2017

Stormwater Management Plan

Enstruct August 2018

Civil Engineer Works Enstruct 12 September 2018

Review of Wastewater Management

Enstruct September 2018

Note: Modifications to the approved plans will require the lodgement and consideration by Council of a modification pursuant to Section 96 of the Environmental Planning and Assessment Act. Reason: To confirm and clarify the terms of Council’s approval. 2. Separate Development Application Required

Prior to any future development or use of the subject lots, development consent or a complying development certificate is to be obtained from a relevant consent authority. Reason: To inform the applicant that separate development consent is required for the use of the land. To meet the requirements of Section 4.2 of the Environmental Planning and Assessment Act 1979. PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE: 3. Buffer Management

A buffer management plan is to be prepared for lots 14, 15, 29, 30 & 35 and submitted to Council for approval, prior to the issue of a construction certificate for stages 2, 3 and 4. The Buffer Management Plan is to be implemented prior to issue of a subdivision certificate for each of the relevant stages and maintained for the life of the development. Reason: To protect the conflict of uses between the rural and residential zones.


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4. Land Contamination

A Remediation Action Plan (RAP) is to be prepared that addresses the contamination identified in the report by Envirowest Consulting. The RAP must be prepared in accordance with the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultant’s reporting and for site audits. A Site Audit statement stating that the land CAN BE MADE SUITABLE for the proposed development for residential land use shall be provided to Council. Any remediation carried out prior to commencement is subject to the requirements to either obtain consent or notify Council in accordance with SEPP 55 and Council’s policy. Reason: to ensure the site is suitably rehabilitated in accordance with the findings of the report by Envirowest Consulting. 5. Validation

A validation report shall be provided to Council to confirm that the RAP has been carried out. The validation report must be prepared in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultants’ reporting and for Site Audits. Any recommendations identified in the validation report shall be binding on the development. Reason: to ensure the site is suitably rehabilitated in accordance with the findings of the report by Envirowest Consulting.

6. Construction Certificate Unless the development is exempt under Council’s Local Approvals Policy or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 the applicant is to obtain a Construction Certificate pursuant to Section 6.3 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.

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. 7. School pick up and set down points Provision shall be made for School bus pick up and set down points within the subdivision as required and in conjunction with the appropriate bus contractor.


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A plan is to be provided to Council for approval prior to the issue of a Construction Certificate indicating School bus pick up and set down points incorporated into the proposed plan of subdivision and road design. Reason: Because it is in the public interest that transport to schools be provided to the estate. 8. Earthworks All fill for the earthworks shall be clean material; no foreign building materials or contamination of the soil will be permissible for the filling of this land. Contamination testing maybe required to be submitted to Council for assessment and approval. Any fill placed on the proposed allotments shall be compacted to 95 % standard compaction and a compaction test and report from a registered NATA Laboratory is to be completed and submitted to Council Engineers for assessment, at full cost to the applicant. Only those areas involved in the construction of the civil works shall be disturbed, with all other areas of the site to be maintained with existing vegetation cover. Reason: To ensure that all earthworks are undertaken in a responsible manner and to preserve natural ground cover where possible. 9. Hydrological Design Report The applicant shall provide engineering plans detailing the specific requirements detailed within the ‘Stormwater management plan’ associated with the subdivision prior to the issue of a Construction Certificate to the satisfaction of Council. The plans shall include, 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 to driveway crossing and their ongoing maintenance.

Details of waterway calculations adjoining existing stormwater infrastructure.

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

The design of the road with major drains on one side, construction and erosion protection measures.

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.


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10. Stormwater drainage management The applicant shall provide a stormwater management plan and associated engineering plans detailing stormwater management associated with the subdivision prior to the issue of a Construction Certificate to the satisfaction of Council. The plans shall include, but not be limited to:

Design rainfalls must to be clearly stated in reporting for the detailed design.

Rainfall losses must be clearly and completely defined in modelling of the drainage system undertaken for the detailed design. If ‘DRAINS’ is used, this should include information on soil type, antecedent moisture conditions and provide/justify depression storages for paved, grassed and supplementary areas.

At transverse culvert crossings, the detailed design must take into account for blockage and ensure that overtopping does not occur in the design event or restrict v x d for overflow to be within safe limits. Consideration should also be given to the level of hazard in events exceeding the design event.

The detailed design must consider the need for drop structures, and other means of energy dissipation within swales, where the longitudinal grade exceeds 4%.

The detailed design must examine the potential beneficial impact of using ponds also as retarding basins, thereby reducing peak discharges downstream of the site.

The detailed design must examine the conveyance of outflows (e.g. via channel) and the provision of energy dissipation to limit erosion and scour downstream of the ponds.

The detailed design must examine the conveyance of outflows (e.g. via channel) and the provision of energy dissipation to limit erosion and scour downstream of the swales/culverts.

Details on how drainage for stormwater proposed to be carried through the land and properties adjacent are to be protected from overland flows from the development.

Litter extraction from the stormwater at the lowest point of the subdivision, allowing access for Council to clear the litter, and minimise scour and erosion upon that land.

Oberon Council will require 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.

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. 11. Engineering plans The applicant is to submit three copies of engineering plans, specifications and calculations in relation to all subdivision infrastructure. Appropriate engineering and civil plans will be required to be submitted to Council together with a Construction Certificate for approval prior to the commencement of any works. Works as engineering plans are to be designed in accordance with the conditions of consent and in conjunction with Councils Development Control Plan 2001. Reason: Because it is in the public interest that the design of that those aspects of the development comply with Council’s Engineering requirements. Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended. 12. Road & Access Construction A complete road design for the proposed public road system is to be undertaken and lodged with Council for approval prior to any road works being carried out on the land. This approval shall be provided by way of a Construction Certificate.


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The complete design shall, include and not be limited to:

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 culverts where required.

Complete road signage design plan, including No Through Road signs and relevant signage are the head of the Cul De Sac.

Titania Rd intersection design and stop sign and solid holding line,

Line marking at intersections 30 metres each side and install Give Way holding line at each signage,

Reflective RPMS be installed every 20m centre of road (colour white)

Guide posts be installed every 50m

All local roads not to exceed 10% gradient

Road batters shall not exceed a maximum 1:3 Reason – To comply with relevant statutory requirements 13. Erosion and Sediment Control The applicant shall provide an Erosion and Sediment Control Plan (ESC) and Soil and Water Management Plan (SWMP) associated with the subdivision prior to the issue of a Construction Certificate to the satisfaction of Council. The plans shall include, but not be limited to:

The ESC plan must be prepared taking into consideration Managing Urban Stormwater: Volume 1 Soils and Construction (Landcom, 2004) and Volume 2 (DECWW, 2008) as relevant.

Given the potential size of the disturbed area, a detailed Soil and Water Management Plan (SWMP) for the site should be prepared prior to construction addressing the requirements of Managing Urban Stormwater (Landcom, 2004).

The ESC must be installed prior to any ground disturbing activities occurring. The SWMP developed for construction of the project must detail the staging of ESC measures for the development.

Sediment basins should be installed where a disturbed catchment area is >2,500m2 or the Average Annual Soil Loss is >150 m3/year (Landcom, 2004). Given the size of the proposed development, sediment basins will be required to manage runoff from the disturbed catchments. The existing dam in the northern corner of the site will also be required for use as a sediment basin and that additional sediment basins may be required in the south-eastern and south- western corners of the site if appropriate drainage controls are not installed to divert site runoff to the proposed basin in the middle of the southern section of the site. Timing of the installation of the sediment basins will also need to be considered when developing a SWMP for the site with respect to the proposed staging of the development. Sediment basins should be designed in accordance with Managing Urban Stormwater (Landcom, 2004).

Clean water diversion must be considered further in preparing the construction SWMP for the project.

Details on disturbance boundaries and maintenance of ground cover must be considered when developing the construction SWMP. Soil types must be considered when preparing the construction SWMP and selecting appropriate erosion controls.


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Additional controls are likely required to prevent egress of sediment laden water from entering the natural drainage line in the south-western corner and must be included in the construction SWMP prepared for the site. Soil types should be considered when preparing the construction SWMP and selecting appropriate sediment controls.

Maintenance requirements of ESCs during construction must be considered when preparing the construction SWMP.

Managing ongoing erosion on the site must be addressed within the construction SWMP prepared for the site.

Water quality targets for erosion and sediment controls during construction should be determined with reference to Managing Urban Stormwater (Landcom, 2004) and incorporated in the construction SWMP.

Reason:- To minimise the risk of soil erosion and water pollution. Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended. 14. Property Access Construction Access to all lots must comply with the following requirements. a) The new access shall be constructed to an all-weather 2 wheel drive vehicular standard. The

application of a suitably approved DGB-20 road base material or equivalent shall be applied to a minimum thickness of 150mm compacted, with a two coast 14/7mm pre-coated aggregate bitumen seal to 1m inside the recesses gateway.

Reason: To provide for accessible passage of all vehicles types (including emergency services) from the existing carriageway verge during all types of weather. b) Subject to the final location of the new access points off the roads, storm water box culvert

may be required to be installed. If required, the piped culvert shall be to a minimum size 450mm precast reinforced concrete pipes, rubber ring joints (RCP RRJ 450mm diameter Class 2 strength pipe) to traverse under the new driveway access at a suitable gradient allowing for storm water drainage to pass under the driveway not obstructed. A minimum 300m depth of compacted cover ideally should be obtained over the storm water pipes upon installation. The storm water pipe culvert ends shall also have (on each end) 450mm precast headwall attached and suitably grouted/rendered.

Reason: To provide appropriate storm water infrastructure under the driveway to facilitate the unimpeded natural flow of storm waters during wet weather events. 15. Bushfire Compliance with the requirements of the Rural Fire Service as detailed: Water and Utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply: 1) Water, electricity and gas are to comply with the following requirement s of section 4.1.3 of

‘Planning for Bush Fire Protection 2006’. Access The intent of measures for public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area. To achieve this, the following conditions shall apply:


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2) Public road access roads shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.

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

2006'. The intent of measures for fire trails is to provide suitable access for fire management purposes and maintenance of APZs. To achieve this, the following conditions shall apply: 4) Fire trails shall comply with section 4.1.3 (3) of 'Planning for Bush Fire Protection 2006'. Reason – To comply with the provisions of the Environmental Planning and Assessment Act as Integrated Development in accordance with Planning for Bushfire Protection. 16. Easements The applicant is to provide to Council, prior to the commencement works, a Section 68 application demonstrating the sizes and location of all easements associated to the provision of services within the subdivision. These include access to the onsite drainage structures and dams. 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 4.15 of the Environmental Planning and Assessment Act 1979, as amended. 17. Street Lighting Plan A street lighting plan is to be provided to Council for approval by Council prior to the issue of a Construction Certificate. Reason: to ensure street lighting is appropriately provided for within the development. Section 4.16 of the Environmental Planning and Assessment Act 1979, as amended. 18. Developer Contributions Prior to the issue of a Construction Certificate payment of contributions are required. Contributions must be paid in accordance with the schedule applicable at the time of payment, as prescribed in Council’s Annual Fees and Charges Schedule for the proposed 44 lots. Below is an example of the contribution fees payable under the 2018/19 Annual Fees and Charges payable per lot for this Development,

Stormwater Per Lot $2,604.00

Public Open Space Per Lot $230.23

Community Facilities Per Lot $230.23

Emergency Services Per Lot $275.45

Rural Roads Per Lot $4,490.91

Total per lot $7,830.82

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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19. Arrangements for services (electricity, telephone and street lighting) Satisfactory arrangements are to be made with the appropriate electricity (including street lighting), and natural gas authorities for the provision of services to be made to each allotment. Evidence of such arrangements shall be submitted to Council prior to the issue of the construction certificate. Provide confirmation to Council that lots are ready for connection to a telecommunication service which can include NBN fixed line (fibre ready) or NBN fixed wireless prior to the issue of the construction certificate. All services are to be provided underground. Reason: to ensure these services are available to the site. 20. Fencing Rural style boundary fencing of the entire site is to be constructed at the full cost of the developer. A construction certificate approval is required for this work, unless the fencing meets the Exempt Development criteria of SEPP (Exempt and Complying) 2008. Reason: To ensure fencing is provided and avoid disputes between adjoining property owners and ensure property boundaries are marked. 21. Long Service Levy Prior to the issue of a Construction Certificate, the applicant is to satisfy Council that the amount of the long service levy payable under Part 5 of the Building and Construction Industry Long Service Payments Act 1986 in respect of the construction works, has been duly paid or, if the levy is to be paid by instalments pursuant to Section 43 of that Act, the first instalment of that long service levy has been duly paid. Reason: To comply with the relevant provision of the Building and Construction Industry Long Service Payments Act 1986. Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended. PRIOR TO THE COMMENCMENT OF WORKS: 22. Notice of Commencement At least two (2) days prior to the commencement of building works, the applicant is required to submit to Council the attached “Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority”. Reason: To meet the requirements of Section 6.3 of the Environmental Planning and Assessment Act 1979. 23. Weed Control Evidence by way of an appropriate inspection notice by the Upper Macquarie County Council is to be provided to Council indicating that the land is free of weeds or an appropriate plan (acceptable to the Upper Macquarie County Council) is in place, prior to the commencement of any subdivision works. Reason: to ensure all work is carried out in an environmentally responsible and sustainable manner


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DURING CONSTRUCTION: 24. Internal road design 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 4.15 of the Environmental Planning and Assessment Act 1979, as amended. 25. Geotechnical testing Geotechnical NATA accredited testing shall be undertake 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 4.15 of the Environmental Planning and Assessment Act 1979, as amended. 26. Legal Costs 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 4.15 of the Environmental Planning and Assessment Act 1979, as amended. 27. Earthen Batters Any earthen batters shall be graded and compacted to a grade no greater than 1:3. The batters shall also be topsoiled and grassed to further stabilise the filled area from erosion. Reason: Because it is in the public interest that the design of that those aspects of the development comply with Council’s Engineering Guidelines. Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended. 28. Dust nuisance The applicant shall ensure that during construction works all measures are taken to eliminate/suppress any dust nuisance emanating from the site. Reason – To ensure the impacts associated to the construction of the development are minimized for adjoining land owners. 29. Engineering Inspections 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.

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 4.15 of the Environmental Planning. 30. Construction noise Construction noise shall be in accordance with the ‘Noise Control Guidelines’ for construction noise standards. Hours of operation shall be permitted between 8am – 6pm Monday to Friday and 8am – 1pm Saturdays. No heavy machinery work or usage shall be permitted on Sundays or Public Holidays. Reason: To ensure the amenity is preserved for adjoining land owners. PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE: 31. Site Constraints Plans The applicant is to prepare a constraints diagrams and associated information for each lot that clearly defines the, but limited to the following:

Designated building envelopes of 600m2 (20m x 30m),

Location of the effluent management areas of 1000m2,

Specification that any effluent management system must be designed to suite the impediments of each specific lot and be prepared by a suitably qualified contractor/consultant, with the designer required to issue a Design Producer Statement as presented in Design and Installation of On-site Wastewater Systems (SCA, 2012).

Site buffers and restriction areas.

Bushfire protection measures and bushfire attack levels, as identified within the Bush fire assessment report.

All dwellings are required to have a minimum onsite potable water storage of 75,000lts and 25,000lts for firefighting purposes.

The purpose of the site specific constraints diagrams are to clearly inform Council and property owners within the subdivision, of the constraints and specific requirements of each lot as to ensure compliance with the relevant assessment reports and conditions of consent.


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The constraints diagrams and associated information is to be referenced or incorporated within the registered plan of title. Reason: To ensure all constraints and requirements are clear to all parties involved with the future development of the specific lots. 32. Subdivision Certificate A Subdivision Certificate application will be required to be lodged and approved by Council together with seven (7) copies of the subdivision plan prior to the registration of your plan of subdivision. The conditions contained in this consent must be complied with prior to the issue of a Subdivision Certificate. Reason: To comply with the requirements of Section 6.4 of the Environmental Planning and Assessment Act. 33. Road naming and Gazettal 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). All advertising costs and Street Signage associated with the road naming shall be provided at the full cost to the developer prior to the issue of a Subdivision Certificate. Reason: to ensure the public Roads are named and gazetted in accordance with the requirements of the Geographical Names Board of NSW. 34. Advertising Strategy The applicant is to submit to Council an overall strategy to control advertising for the sale of the lots. Unless development consent can be assumed in accordance with the Exempt Development criteria of SEPP (Exempt and Complying) 2008, a further development application for the erection or display of any advertising structure or sign on the land or any building thereon, shall be lodged and approved. Reason: So that Council may adequately assess the impact of advertising for the development. Section 79C(1)(a) of the Environmental Planning and Assessment Act 1979, as amended. 35. Rural Addressing Number A property number shall be displayed in a position clearly visible from the street in letters having a height of not less than 75 mm (3 inches). The number must be in a contrasting colour to the background on which it is placed. Reason: Because it is in the public interest that the building/property be easily identifiable. Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended. 36. Road Construction Bond 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


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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. 37. Works as executed 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 4.15 of the Environmental Planning and Assessment Act 1979, as amended. 38. Restriction to User The Plan of Subdivision and Section 88b instrument shall be provided to Council. The instrument shall establish the following restrictive covenants, with the Council having the benefit of these covenants and sole authority to release vary or modify these covenants. a. No lots within the development are permitted to install any groundwater bores of any kind.

b. No further subdivision of any lots within the development will be permitted without further amendment to the Oberon Local Environmental Plan.

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.


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13.02 PROPOSED CROWN ROAD CLOSURES

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

Summary Council has received notification from the NSW Department of Primary Industry-Lands, intent to close a Crown Road located within the Oberon Local Government Area referenced as Ballyroe, Jeremy area.

Recommendation: That Council has no objection to the closure of this section of Crown Road, Access Roads Cluster 592406 provided that no properties are left without legal and practical access.

Comment FOLLOWING is a copy of the plan of the proposed closure. The NSW Department of Primary Industry-Lands have advertised the proposed closure of a section of Crown Road within the Ballyroe, Jeremy area (Access Roads Cluster 592406) in the Oberon Review on 1 November 2018. DPI Lands have further advised all neighbouring landholders in writing of the proposed closure. This provides the opportunity for affected landholders to lodge an objection. Crown roads, sometimes known as crown paper roads, are roads which have never been dedicated, and are therefore not controlled or maintained by council. In most cases there is no physical carriageway, or if there is it is used only by the adjoining landowner as an internal track. It is usually the adjoining landowner who applies for any such closures. The location of the proposed closure has been checked, Council has no interest in this Crown road reserve, and will not be affected by its closure. If any nearby landowners believe they will be adversely affected, they have the opportunity to object directly to Department of Primary Industry-Lands.

Notes:


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13.03 ROAD CLOSURE O’CONNELL RD – RFS FIRE SHED LOCATION

File No: Roads/Road Closures/Permanent Author: Rebecca Burgess, Technical Services Administration

Summary Council is required to finalise the closure of portions of O’Connell Rd on which the RFS Fire Shed is now constructed, being proposed Lots 1 and Lot 3 in the Draft Plan of Subdivision. This report seeks Council resolution to finalise this process.

Recommendation: That: 1. Council provide approval under Sec38A of the Roads Act 1993 to close as a public road that

part of Lot 8 DP 702585 shown as Lot 1 and Lot 3 in Draft Plan of Subdivision (Land) by the publication of a notice in the NSW Government Gazette pursuant to Sec38D of the Roads Act 1993;

2. Upon closure the Land be classified community land; and

3. Upon closure, Council approve the registration of a restriction on the use of the Land in favour of the RMS with the effect that no means of access will be allowed to or from the Land from O’Connell Rd without the prior written consent of the Roads and Maritime Services (RMS).

4. The General Manager be delegated authority to execute all documents associated with land transfer giving effect to the above resolutions of Council.

Comment: FOLLOWING is a draft plan of subdivision. Further to previous reports relating to the O’Connell Fire Shed, Council is required to finalise the closure of portions of O’Connell Rd on which the RFS Fire Shed is constructed, being proposed Lot 1 and Lot 3 in the Draft Plan of Subdivision. Council originally submitted an application to Crown Lands to close part of Lot 8 DP 702858, being the proposed Land. The application to the Crown for the approval of the road closure was cancelled in late 2017 on the recommendation of the Crown Lands because amendments to the Roads Act 1993 (NSW) were at the time pending and which would transfer the power to approve the closure of public roads to Council. This change came into effect 1 July 2018. A notification process was undertaken by Council, including an advertisement which appeared in the Oberon Review on 27 September 2018 and email and letter notifications to neighbours and notifiable authorities including the NSW Department of Industry – Lands and Water, which were sent 19 September 2018. No objections to the road closure were received by Council. RMS have previously advised that they consider the Land (or at least a part of the Land) as “classified road” being Main Road MR253. Sec37 of the Roads Act 1993 requires Roads and Maritime Services (RMS) provide approval for the closure of a “classified road”. In a letter to Council dated 25 May,2017 the RMS have approved closure subject to the registration of a covenant on the title with the effect that no direct means of


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access will be permitted to or from the Land from O’Connell Rd without the prior written consent of the RMS. The current access to the current RFS fire shed facility is provided off Mutton Falls Road, and has been satisfactorily constructed in accordance with the development application consent conditions requiring a fully sealed bitumen access. This process finalises the lands transfer requirements.

Notes:


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13.04 ALCOHOL FREE ZONES

File No: Parks & Reserves/Maintenance/Facilities Author: Chris Schumacher, Technical Services Director

Summary The existing Alcohol Free Zones in Oberon St and the Oberon Common will expire on 28 February 2019. A Council resolution is required to extend the Alcohol Free Zones for a further four years.

Recommendation: That Council endorse extension of the Alcohol Free Zones in Oberon Street from North St to Tarana Rd, and including the Oberon Common between the hours 10pm to 6am, for the period 1 March 2019 to 28 February 2023 and advertise accordingly in the Oberon Review.

Comment In 2015 Council resolved to continue the existing Alcohol Free Zones in Oberon St and the Oberon Common, to apply from 1 March 2015 to 28 February 2019. Hence they are due to expire soon. The original enforcement of these Alcohol Free Zones followed a consultation process with various community stakeholders including the Oberon Police, as required under the prohibition legislation. If Council wishes these Alcohol Free Zones to remain in place, a further resolution is now required for the next four years, which is the maximum period permitted at any one time. Note that if Council wishes to establish any new Alcohol Free Zones, or to alter the limits or times of the existing zones, further public consultation will be required. Furthermore Council relies on the local Police to ensure compliance and/or issuing of Penalty Infringement Notices for non-compliance.

Notes:


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13.05 HERB DAVID PARK PLAY EQUIPMENT UPGRADE – RUBBER SOFTFALL

File No: Parks & Reserves/Design Construction/Play Equipment Author: Peter Morgan, Technical Services Manager

Summary Council at its meeting in September approved the upgrade of equipment in Herb David Park to the value of $80,000. Included within this amount was the provision of pine bark soft fall which had previously been used in Council Parks. With the recent construction of smaller park equipment in Oberon Council LGA, the use of rubber soft fall has been used which is now considered superior in quality and cheaper to maintain.

Recommendation: That Council transfer $40,000 from the Town Improvement Fund to allow for the construction of a rubber soft fall in lieu of the pine bark material at the Herb David Park.

Comment Council staff have recently commenced ground preparation works for the installation of the new playground equipment at Herb David Park. The installation of the new play equipment has been delayed pending this report and resolution of Council. The reason for the delay is maintenance and professionally considered superior product to that originally anticipated. Should Council proceed with the proposal, minor alteration to the length of the legs of the new equipment will be necessary and can be achieved onsite at no cost. The product proposed is a coloured crumbed rubber which is reasonably cost effective to maintain, looks superior to the alternative and requires much less attention to ensure its effectiveness. Whilst the pine bark is economic to acquire and place, it requires constant attention and replenishment to ensure the adequate safety depth as originally intended. Staff are currently obtaining quotations for the supply and laying of the rubber soft fall for approx. 200m2 of area. Previous use of the soft fall indicates that Council can expect to pay approx. $200/m2 or approx. $40,000 for the project. This estimate has been anticipated in accordance with the recent construction of playground equipment at Black Springs utilising the coloured crumbed rubber soft fall. It is considered that the cost would provide a benefit to Council in the longer term and as such should be considered.

Notes:


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13.06 BOX ELDER TREES JENOLAN STREET & BRENNAN CRESCENT

File No: Recreational/Maintenance/Gardens and Street Trees Author: Peter Morgan, Technical Services Manager.

Summary Further to a Council Report to the November Ordinary Meeting, an inspection of the subject trees has been undertaken to ascertain the complexity of the issues involved. As previously advised Council is in receipt of two letters from three concerned residents in Jenolan and Brennan Streets over the invasive nature of the Box Elder street trees in their locality.

Recommendation: That: 1. Council consider the replacement of the invasive trees with an appropriate replacement.

2. That the small trees subject to this report be removed immediately and replaced with a more appropriate species.

3. That Council consider provision in its 2019/20 budget for the replacement of 6 trees and in subsequent years a further 6 until all similar trees are removed

4. That Council prohibit the planting of Acer Negundo within its street scape. .

Comment FOLLOWING are two letters received on behalf of concerned residents that believe the invasive nature of the Street Trees planted in Jenolan Street and Brennan Crescent are having on their private property. There are two types of this tree: Acer Negundo and Acer Negundo 'Sensation'. Acer Negundo is a major bushland invader. It produces masses of winged seed which are readily carried on the wind. As a result of the November resolution of Council an inspection of Jenolan St and Brennan Crescent has confirmed that trees of the identified species are of a mostly mature size especially in Brennan Crescent where significant numbers are involved. Unfortunately the mature nature of the trees in Brennan Crescent will have a detrimental affect on the visual amenity of the street should Council resolve to remove all of them. As they are street trees it can also be expected to impact on the services within the street should they be removed. Further, a mail out of residents was undertaken during November with 6 responses being received after the consultation. These responses FOLLOW this report. The majority of the responses sought confirmation as to what the replacement tree would look like should they be removed. Currently within the Town Improvement fund an allocation is provided each year to assist with the beautification of the Oberon Township. Any resolution by Council to assist in this request could be funded from this allocation, therefore not requiring any further operational plan implications.


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13.07 DRUG AND ALCOHOL POLICY – POLICY 2119

File No: Governance/Policies Author: David Lawson – WHS and Risk Coordinator

Summary A review of the current Drug and Alcohol policy endorsed in November 2018 was found to need a change in the testing requirements. This report seeks to amend this minor change.

Recommendation: That Council amend the wording of the current Drug and Alcohol Policy 2119.

Comment Employers have a duty to ensure the health, safety and welfare of their workers and other people in the workplace (Section 19, Work Health and Safety Act 2011). Workers have a duty to take reasonable care for their own health and safety, as well as for the health and safety of other people in the workplace and to co-operate with their employer in providing a safe working environment (Section 28, Work Health and Safety Act 2011). In November Council endorsed Policy 2119 – Drug and Alcohol in its entirity after consultation with staff. It has been found that an error in relation to testing was found in the submitted documentation. The current version of the policy reads ‘Testing will be undertaken by external providers who meet the current requirements contained within AS4760 and AS3547’ but should read ‘Testing will be undertaken by internal trained and accredited personnel or external providers who meet the current requirements This internal process of testing has been conveyed to both WHS committee and Consultative Committee throughout the consultation with employees. It is considered that the amendment can be supported in this instance.

Notes:


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13.08 COUNCIL SECTION 355 COMMITTEES & MANUAL

File No: Governance/Meetings/Committees General Author: Gary Wallace General Manager

Summary There are a number of Section 355 Committees. This report seeks the confirmation of the community representatives appointed to these Committees.

Recommendation: That: 1. Council confirm its community delegates to the Section 355 Committees for the term of the

current Council.

2. Council initiates a new structure for the Sports Facilities Committee with one representative from each organisation being endorsed.

Comment ATTACHED is a copy of the updated Section 355 Manual that requires Council endorsement as part of this report. Council has a number of Section 355 Committees which act as a liaison with the community. Each of the Committees is set up for a specific purpose in accordance with the adopted terms of reference. In September 2017 Council reconfirmed its Committee Structure and appointed a Chair and Councillor delegates to each Committee for a two year period. Council also resolved to re-confirm their community delegates to these committees at that time. The name and purpose of each of Councils Section 355 Committees along with the nominated Councillor Chair and Delegates are as follows:

Community Services Committee

Councillor Brenda Lyon (Chair)

Councillor Mark Kellam

Mayor Kathy Sajowitz

Councillor Don Capel

To act as a liaison and make recommendations to Council on behalf of community groups including senior and youth activities and to discuss and advise Council on the development of non-sporting community facilities, services and policies.

Hazelgrove Public School Reserve Committee

Councillor Clive McCarthy (Chair)

To control and regulate the use of the grounds at the Hazelgrove Public School Reserve and recommend to Council any proposed changes.

Heritage Committee

Councillor Clive McCarthy (Chair

Councillor Ian Doney

To report and recommend to Oberon Council matters relating to Heritage in the Oberon LGA.

Oberon Sports Facilities Committee

Councillor Kerry Gibbons (Chair)

Councillor Mick McKechnie

To act as a liaison between Council and sporting groups for the ongoing maintenance and development of sporting facilities in the Oberon LGA. Sporting organisations are invited to apply to be on the committee and send a representative.

Black Springs Community Hall

Councillor Kerry Gibbons (Chair)

Councillor Don Capel

Councillor Andrew McKibbin

To act as a liaison between Oberon Council and the community user groups and interested community members associated with the Black Springs Community Hall.


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During 2018 Council wrote to all community representatives on its current Section 355 Committees advising that the community delegates would be reappointed and inviting the delegates to re-nominate themselves if they wished to continue as a delegate to the committee. Advertisements were also placed in the Oberon Review and on Council’s Website and Facebook page inviting members of the community to put forward their nomination if they wished to join any of the Council Section 355 Committees. Community members were asked to advise of their interest or reason for nomination. The following table provides a list of nominees for each of the Committees:

Community Services Committee

Robin Toedter – current member of the CSC

Megan Sovik – liaison officer for Meals on Wheels and Volunteer for Oberon U3A

Jaydem Hadsen – St Josephs Catholic School

Hazelgrove Public School Reserve Committee

Brett Fitzpatrick – current member of the committee, lives in close proximity to the facility

Heritage Committee

Ewen Stewart – current member, retired architect with keen interest and skills in Heritage

Graham Williams – current member represents OTHR

Brenda Doney – current member and interested in continuing on the committee

Philippa Gemmell-Smith – current member and interest in history of Oberon

Susan Willis – current member and interested in continuing on the committee

David Willis – new applicant, member of “Friends of Lindlegreen” passion for heritage in the Oberon area

Tina Slattery (late application) – interest in preserving the built and natural environment of the Oberon area

Bob Mills – new applicant endorsed by Heritage Committee

This Committee is also assisted by a National Trust delegate which is proposed to continue.

Oberon Sports Facilities Committee

Spiro Kavalieros – Oberon Junior Rugby League Club

Ian Christie-Johnston – Oberon Tigers Rugby League Club

Veronika Cvitanovic (late application) – Oberon Pistol Club

Bob Mills – Oberon Heritage and Collectors Club – interest in remaining as an observer

Black Springs Community Hall

Eddie Gibbons – current member wants to continue.

Elsbeth Alexander – interested in being on the committee.

Christine Healey – President Black Springs Community Association and want to help ensure the community hall is cared for and maintained.

Michelle Swaan – current member wants to continue.

Section 355 Manual Some years ago Council developed a Management Manual for Section 355 Committees and Volunteers to assist with providing the appropriate framework and guidance for Council to operate its Section 355 Committees. The Manual provides an overview of the relevant policies that Councillors and Community delegates operate under when carrying out their responsibilities as members of a Section 355 Committee. The manual also sets out the legislative basis of the


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committees, the responsibility and conduct for committee members, day to day operation of committees as well as WHS and Risk Management responsibilities. A copy of the relevant requirements and charter for each committee is also included in the Manual. Council now reviewed the document which is separately ATTACHED to this report for endorsement by Council. Each Committee will additionally endorse the requirements of the charter within the revised Manual. After initial advertising of Committees seeking nominations it was found that some Committees had limited uptake. As a result the following is proposed: Oberon Sports Facilities Committee The Oberon Sports Facilities Committee provides an opportunity to seek involvement from all sports users in and around the Oberon LGA. In an attempt to provide a more flexible arrangement for this committee it is proposed to identify all sporting groups within the LGA and seek a representative to sit on the Committee rather than individuals (apart from those who have nominated) .As a result Council wrote to all Sporting groups seeking interest in their group having an interest rather than an individual in an attempt to reinvigorate the committee. From this notification process Council Little Athletics, Oberon Junior Rugby League, Oberon Tigers Rugby Leagues Club (Seniors), Oberon Touch Football, Oberon Rugby Leagues Club, Oberon Tennis Club, Oberon Pistol Club, Oberon Hockey, Oberon Soccer Club, Oberon Netball Club, Oberon High School, Oberon Public School and St Josephs School. No additional response was received from any of the additional notification carried out. It is proposed to invite organisations to attend the next Sports Facilities Committee and advise that if no attendance is forthcoming the option for Council would be to remove the Committee and liaise with individual clubs on an individual level. Should this option be considered a further report to Council will be tabled seeking removal of the 355 Sports Facilities Committee. Community Services Committee The Community Services Committee was established as an amalgam of the former Seniors Facilities Committee and the Community Facilities Committee in 2016. It is considered that a more specific effort is required to attract users onto this committee. Users such as U3A and Meals on Wheels have been nominated however the need to engage with local providers in the health space require further work. Additional correspondence should be sent to local providers to gauge interest and should this be not forthcoming further options presented to Council.

Notes:


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13.09 DEVELOPMENT APPLICATION 10.2018.81.1 – EXTRACTIVE INDUSTRY (QUARRY)

File No: R 27 the Meadows Road Author: Town Planner, Dylan Furnell

Summary A Development Application has been received for an Extractive Industry (Quarry) at 137-139 Meadows Road THE MEADOWS. In accordance with the neighbour notification process prescribed within the Oberon Development Control Plan (DCP) 2001 Part H, the application must be decided by Council as it has received objections against the proposed development. The proposed development consists of an expansion of the existing quarry pit within the Blenheim State Forest to an approximate size of 2 hectares. The proposed quarry will have two phases of operation, with the first phase operating for 2 to 3 months for the purpose of upgrading Meadows Road. The second phase of operation is to maintain and upgrade existing forestry roads within the locality. Both phases of operation will incorporate the use of heavy machinery and large trucks, with the second phase occurring intermittently and to a lower capacity than the initial phase. All aspects of the development are permissible in the RU3 zone and are consistent with the controls of the Oberon Local Environmental Plan 2013 and the Oberon Development Control Plan 2001. The application was notified for a period of two weeks to a radius of two kilometres as well as being advertised in the Oberon Review. The application has subsequently received two submissions against the development.

Recommendation That: 1. Council approve Development Application 10.2018.81.1 for a Extractive Industry (Quarry) at

Lot 1 in DP 732319, being known as 137-139 Meadows Road, THE MEADOWS for the reasons specified within this report, in accordance with Section 4.16 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

Comments ATTACHED are the plans and associated documentation relevant to this application. 1. PROPOSAL The proposal consists of the expansion of the existing quarry located within Lot 1 in DP 732319 to an approximate size of 2 hectares and an approximate further yield of 12,000 tonnes of rock. The existing location is a radiata pine plantation which features areas of native vegetation. The purpose of the quarry is to provide rock for road upgrades to Meadows Road. 2. SUMMARY The development for an extractive industry (Quarry) is permissible in the RU3 zone. The impact of the Quarry use should be mitigated by the existing pine forest surrounding the location, and with appropriate conditions and controls the use should not unreasonably impact on the neighbouring properties. Conditions to control the operation of heavy vehicles, truck movements and general operations of the quarry will ensure that the neighbouring properties will not be unreasonable impacted, and that impacts will only occur during business hours. Overall the application warrants consent.


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3. LOCATION OF THE PROPOSAL

Figure 1: Location of the Quarry Development.

The quarry is to be located in the middle of Pine plantation at Blenheim State Forest. The quarry is existing and is to be expanded to a maximum size of 2 hectares. The immediate development location does not incorporate any native vegetation, however roads and localities nearby do have expansive native vegetation and the impact to these will be considered. There are portions of vegetation within the haulage routes which are considered to be Endangered Ecological Communities in the Biodiversity Conservation Act 2016.

Figure 2: Proposed route of haulage along Homers Hill Road and Golden Valley Road.


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Whilst there are three proposed routes of haulage, the most appropriate route from a biodiversity perspective (see flora and fauna section) is as above and follows Homers Hills Road across the top of the forest and then Golden Valley Road out to Meadows Road.

Figure 3: Location of the existing quarry pit. The existing pit is to expand to an approximate size of two hectares. Expansion will occur predominantly south and east of the existing pit with some expansion to the north and west. Overall all areas of the expansion are relatively deep within the existing pine forest.

Figure 4: View of the existing pit and road, looking from the north.


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Figure 5: Typical condition of the existing forest road network.

Figure 6: Typical vegetation in the immediate quarry area. 4. ZONING Development location is zoned RU3 – Forestry. Surrounding land is zoned RU3 – Forestry or RU1 – Primary Production.


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5. PERMISSIBILITY The development is permissible as a use approved by the Forestry Act 2012. It is however an existing Quarry which therefore is an existing use. The Forestry Land Manager can permit non-forestry uses within a State Forest as described within Part 5 of the Forestry Act 2012. 6. EXISTING CONSENTS THAT RELATE TO THE LAND No existing consents relating. 7. CONNECTION OF SERVICES No services required. 8. HERITAGE No heritage listings on site or nearby. Not within a conservation area. 9. FINANCIAL IMPLICATIONS No contributions payable. 10. ASSESSMENT

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

Part 3 (12)

The existing uses surrounding the proposed extractive industry is primarily forestry within the immediate locality and agricultural within a further locality. The proposed extractive industry is not likely to significantly or unreasonably impact on either use, increased truck movements may somewhat affect local traffic, however the truck movements will not be greater than 200 per calendar year.

The use of extracted material is to improve local roads which will benefit the local population. The positive impact of this is much greater than that of the negatives associated with the extraction due to the location of the quarry deep within the pine forest which will act as a natural buffer for noise, vibration and other associated negative impacts.

Methods of minimising impacts are considered to be appropriate. This includes keeping operations within regular working hours to ensure no impact from noise or vibration outside of these hours. Highest impact to residents amenity will be through truck noise and vibration which will be during working hours and after the initial period of works on Meadows Road, the total yearly movements will be at a maximum of 200. Waste and pollution impacts are to be managed through sediment controls, regular washing down of vehicles and on site waste bins. All vehicles will be switched off when not in use to minimise idling and impacts of air pollution.

Part 3 (14)

Conditions are applied to explicitly limit greenhouse gas emissions, water impacts and threatened species/biodiversity impacts. This includes the minimisation of idling, sedimentation controls and speed limits along forestry roads to reduce the chances of injury wildlife or damaging native vegetation.

Part 3 (15)

It is deemed that resource recovery is at an efficient level.


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Part 3 (16)

Truck movements will be via forestry roads until exiting onto Meadows Road. It is deemed that the route is reasonable and only a relatively short portion of the transit will occur on unsealed road outside of the state forest.

Part 3 (17)

The site will be conditioned to be revegetated to ensure that soil is stabilised at the end of the quarries life.

Oberon Local Environmental Plan 2013

Permissibility

The development is permissible within the RU3 – Forestry zone as it is a use authorised under the Forestry Act 2012.

The Oberon Development Control Plan 2001

H.3 – Community Consultation – Development Applications

Notification of the development was made in a 2km radius from the existing quarry pit site. The development was also advertised on one occasion within the Oberon Review newspaper and on Councils website. The notification was for a period of two weeks in which 2 submissions were made to Council. As submissions were received the application will not proceed to Council for approval.

The Likely Impacts of the Development

Context and setting

The development is located deep within the existing footprint of a State Forest which is predominantly consisting of radiata pines, with limited undergrowth of other species. Further outside of the development location the forest opens to RU1 zoned lands which consist of predominately large agricultural holdings and some smaller acreage style allotments.

The location is well hidden within the established pines and as such the quarry is not going to visually impact on the locality. Whilst native vegetation of biodiversity value is not located within the development site itself, there is native vegetation which is considered an Endangered Ecological Community on potential haul routes.

A portion of the development site is an existing extractive industry of much small size than the proposal. The extractive industry itself should not impact on nearby residential dwellings of which the closest is located approximately 1 kilometre away with a buffer of approximately 400 metres of pine forest.

Access, transport and traffic

Impacts from traffic will be intermittent. The impacts of the first 12,000 tonnes of haulage will create an estimated 480 truck movements within a two month period. After this the haulage will drop to 200 movements and 5,000 tonnes per year, with haulage predominantly locally. The initial movements will be likely to somewhat impact on the users of Meadows Road, however after this period the intermittent and relatively limited use of the quarry will ensure that effects are minimal. As the predominant locality is rural, dwellings do have relatively distant setback from the existing roads and often incorporate vegetated buffers to reduce impacts. Trucks movements will also be taking place during the daytime working hours and as such it can be considered that impacts will be relatively limited overall.


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The proposal will seek to repair any damage to roads used to haul the extracted material. The forestry roads have enough space in the majority of locations to manoeuvre haulage trucks and should two trucks be passing, the shoulder of the road should provide ample safe passing opportunities.

Other land resources

The development would be utilising the existing potential for extractive industry in a responsible and appropriate location. The development in this location will be unlikely to impact on the productive agriculture land surrounding or water supply catchments.

Water

The development is not expected to require extensive water usage. Washing down of trucks and heavy plant machinery will require some water use either on or off site. It is unlikely that this activity will have a high impact on surrounding waterways, with the nearest mapped waterway being located approximately 350 metres from the location of the proposed quarry. Sediment fencing should be implemented to ensure that water run off flowing down from the quarry during large rain events is free of sediment.

Soils

Sediment control around the immediate quarry area should be implemented to ensure run off is clean of sediment. There is unlikely to be any impact to soils on productive land.

Air and microclimate

Dust may be emitted from the quarry area immediately and from haulage. As the quarry is to be extracting rock the impacts of dust should be relatively limited, however loads should be wet down if there is a potential for dust to be emitted from haulage. The quarry itself is surrounded by trees and as such dust is unlikely to spread from the immediate quarry location.

Use of trucks and machinery is likely to impact on the air quality from fumes and exhaust emission perspective. To ensure impacts are lowered, all machinery will be conditioned to be turned off when not in use, and all trucks when to be off when holding for or being loaded to prevent unnecessary idling.

Flora and fauna

Fauna and Habitat study provided by the applicant displays evidence of both native flora and fauna present within or nearby the development area. There is some evidence within the 5km search area of animal and birdlife that are threatened species, with the Gang-gang Cockatoo and the Scarlet Robin being observed when visiting the site. The Booroolong Frog, Yellow-bellied Glider, Purple Copper Butterfly are also identified as being within the locality and being threatened. The area of major concern is the Coles Creek locality which has both native habitat and surface water. This area will be traversed by trucks during haulage through all three options with crossings of Coles Creek and vegetation, however the roads are established and will not need further upgrades.

Flora within the locality is predominantly planted pine forest. There is native habitat located along Coles Creek and Sawpit Creek which are Black Sallee – Tussock Grass (open Woodland). This is identified as an Endangered Ecological Community (EEC) under the Biodiversity Conservation Act 2016. Other native vegetation is located around the perimeter of the forest and is not identified as being an EEC. The proposed haulage routes through the existing roadway which crosses the EEC in question over one small portion to the north and a much larger portion to the South.


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The option of haulage to the South travels through the highest amount of EEC habitat and is thus deemed to be of the greatest impact. Routes to the North and West both travel over a small portion of the EEC which is already an established road. The northern route then travels through extensive native vegetation that is not deemed to be an EEC, with the western route to traverse through the pine forest and onto Meadows Road. It is therefore deemed that the most appropriate option, minimising effects to both the EEC and other native vegetation is to the west utilising Homers Hill Road along the northern portion of the forest before turning west onto Golden Valley Road until exiting onto Meadows Road (Figure 2). It is unlikely that haulage should affect this locality should the trucks remain on the sealed roadway and not enter any portion of the EEC.

BIODIVERSITY CONSERVATION ACT 2016

7.3 – Test for determining whether proposed development or activity likely to affect threatened species or ecological communities, or their habitats.

1)

a) It is deemed that the development is unlikely to impact on the lifecycle of the local population

and will not be placed at risk of extinction.

b) Should the trucks be kept to the roadway and no native vegetation removed or damaged, the

development should not modify or have an adverse affect on the species within the EEC.

There may be some opportunity for impacts from traffic for fauna crossing the road, however

normal forestry activities and traffic would have similar impacts currently.

c) It is unlikely that the habitat will be removed or modified as the roadway already passes

through the site and will not be changed. Whilst the habitat is important, it extends

predominately north of the roadway and will not be further developed.

d) Area is not declared an outstanding area of biodiversity.

e) As trucks will be passing through the area and are unlikely to stop and will not be allowed to

enter the habitat itself, it is deemed that none of the key threatening activities listed within

Schedule 4 of the Biodiversity Conservation Act 2016 are likely occur or increase the chances

of the impacts occurring.

It is deemed that the development is not likely to affect or impact on the established endangered communities (EEC) within the nearby localities and on the truck haulage routes. Therefore the development is not required to enter the Biodiversity Offsets Scheme under the Biodiversity Conservation Act 2016.

Waste

Waste from workers such as food, cigarettes and other general waste is to be removed daily. A portable toilet will be required to be on site for workers to use if required.

Energy

Outside of the running of trucks and heavy machinery the quarry will use minimal energy.

Noise and vibration

The development has a high potential for noise and vibration generation at the quarry site, however the potential for impact from this noise to residences is minimal due to its location deep within the existing forest and well away from established residences.

Noise from trucks hauling load along Meadows Road has a higher potential to cause issues to residences. The immediate use of the quarry may increase the total number of truck movements along Meadows Road, however as the gravel will be used for road works to Meadows Road it is


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deemed that the impacts would likely be occurring even if the gravel was sourced elsewhere. After the works to Meadows Road are complete the usage rates of the quarry and subsequent truck movements will be much lower and thus the impacts to residences much lower. At approximately 200 truck movements per year and with intermittent movements it is unlikely that the quarry will significantly impact on residences post the Meadows Road works.

Natural hazards

Bushfire is the biggest risk factor in the development. Whilst the development will not have any residential aspect, workers will be deep in the middle of the forest and should bushfire conditions occur serious threats to human life as well as assets would be probable. Whilst there are multiple roads allowing exits around the site, should the day be declared as a total fire ban day the quarry will be conditioned to not operate so as to not cause any danger to workers or residences outside of the forest should the quarry operations be responsible for causing a fire.

Technological hazards

Limited technological hazards on site. As land is forest land the remediation to former use, being forestry should be relatively easy. There is a risk for land contamination through fuel or oil spill. Refuelling will not be allowed to occur outside of the immediate quarry location to ensure minimised risk to native vegetation and wildlife. If a spill is to occur then all work will be conditioned to stop and immediate remediation of the spill site is to occur following the proper procedures.

Safety, security and crime prevention

Minimal impacts to security and crime. More people within the confines of the forest may reduce illegal dumping etc.

Some increase in chance of injury through accidents, however risk of people not associated with the quarry activities entering the site is quite low due to its location.

Social impacts in the locality

The location of the quarry deep within the forest should prevent any negative social outcomes.

Economic impact in the locality

The development will support the local economy. The need for workers to extract the material as well as cart the haulage to various sites will be increased from the development and will provide elevated job security for those currently employed for these roles.

Site design and internal design

The site is considered to be of good design for this activity. The site already has established roads and the location of the pit will ensure that impacts from the quarry itself will be limited.

Cumulative impacts

There are no cumulative impacts from the development. The native habitats should not be impacted on.

Suitability of the Site for Development

Does the proposal fit in the locality?

The proposal fits within the locality as its impacts are minimal. With the nearest dwelling being located well away from the site and the surrounding land being zoned RU3 and RU1, the impacts


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to the public are generally low. The impacts to critical native environments are minimal to nil and therefore it is considered an appropriate activity within the locality.

Are the site attributes conducive to development?

The site attributes are conducive of the development. There are no heritage or environmental impacts that impact on anything outside of the forestry land and non-native vegetation. The development will allow future pine plantation in the future if it is desired with the quarry area likely retained for future use within.

Submissions

Public submissions

The development was notified for a period of two weeks to a radius of two kilometres of the quarry pit site. It was also advertised in the local newspaper “The Oberon Review” on one occasion. Overall two submissions were received, highlighting these potential issues with the proposal:

1. High Impact of the quarry in comparison to the existing forestry use of the land.

2. The impact to Fauna has not been extensively researched, but rather an overview provided.

Submitter requested further studies.

3. Water Run off to nearby creeks will be affected by sediment and pollution generated by the

quarry. Lack of plan for mitigation of this.

4. The visual impacts of the quarry when the forest is harvested will be much higher with the

scar of the quarry.

5. Whether or not RU3 land has permissibility for a quarry.

6. The uses of the quarry post the Meadows Road upgrades. Impacts of extended use of the

quarry not acceptable.

7. Waste and Facilities not adequate. More information required.

8. Access to the rights of way for the submitter which passes over the subject lot of the quarry.

9. Impacts of utilising the Gate opposite 263 Meadows Road and subsequent truck noise and

traffic impacts.

The valid concerns of the submitters can be managed or addressed in the following ways: 1. The Forest boundary will remain and give a buffer between the undesirable impacts of the

quarry on the nearby residences. Whilst at some stage the forest will be harvested the location of the quarry is unlikely to significant impact on the views of the land in comparison to the impact of the harvest.

2. An overview of the wildlife in the area is considered acceptable. The quarry footprint is well away from the EEC’s located within the allotment and as such the quarrying activities are unlikely to impact on the wildlife in these areas. It is possible that haulage may impact the surrounding native flora and fauna, however as the roads are established and used by forestry, it is unlikely that impacts will be unreasonable. It should also be noted that forestry harvest will impact on the native flora and fauna within the area on a substantially higher level than the quarry which has a small footprint in comparison.

3. Sediment and pollution controls will be conditioned onto the development to ensure that impacts are mitigated to the fullest extent. As the habitat is an EEC, it is paramount that the habitat is maintained.

4. The visual impacts on harvest will be slightly higher with the quarry. However on replanting the impacts of the harvest will be reduced and subsequently eliminated relatively quickly.


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5. The development is permissible as a use approved by the Forestry Act 2012. It is however an existing Quarry which therefore is an existing use. The Forestry Land Manager can permit non-forestry uses within a State Forest as described within Part 5 of the Forestry Act 2012.

6. The use of the quarry post the upgrades will be capped via conditions to a maximum of 200 truck movements per year and 15 movements per day. This will ensure that the impacts of extensive haulage for long periods of time will not be likely.

7. Waste will be conditioned to be removed from the site, a portable toilet will be conditioned to be on site at all times that works are being undertaken and fuel will not be permitted to be stored on site. Refuelling will only be permitted in the footprint of the quarry and any spills will be managed immediately with all work to stop.

8. Trucks will not be able to stop on the road between the quarry and the exit onto Meadows Road, thus not impacting for long periods of time on the access for others holding a right of carriageway. It will also be a requirement that trucks only travel through the forestry roads at a maximum of 20 kilometres per hour.

9. Impacts outside of the initial Meadows Road upgrades will be minimal, and conditioned to a maximum of 15 truck movements per day. It is deemed that this is unlikely to unreasonably impact the neighbouring residents of this intersection. All quarry operations will be conditioned to be between normal business hours.

It’s deemed that the information provided in the statement of environmental effects and other associated documents is sufficient to make a full assessment of the development and that no further information was required following the public consultation process. Although the submitters wanted further information on the native flora and fauna of the locality, it is deemed that the native habitats are recognized and that the majority of the development will not impact on them. As the road that runs through or near the endangered ecological community is existing and is unlikely to require further works to upgrade it to a suitable standard, it is deemed that impacts will be minimal and should not endanger the habitats viability. 11. CONCLUSION The extractive industry (quarry) is permitted within the RU3 zoned land, as outlined within the Oberon Local Environmental Plan, as an activity permitted within Part 5 of the Forestry Act 2012. The size of the quarry at approximately 2 hectares is considered appropriate within the context of the existing forest, and is unlikely to unreasonably impact on surrounding residences. Following the works to Meadows Road, the quarry will be used at a limited capacity which should ensure that impacts to residences or users of Meadows Road are further reduced. With appropriate conditions it is deemed that the Quarry will enable sufficient resources to be available for road upgrades and repairs, whilst not impacting unreasonably on residences, the environment or the primary production use of the land surrounding. It is therefore deemed that the development should be approved subject to the recommended conditions of approval. 12. RECOMMENDATION & REASON FOR APPROVAL Although some issues have been outlined in this report the issues are not considered significant enough to affect the viability and integrity 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 the implementation of suitable conditions of development consent. Reasons for Consent

All aspects of the development are permissible via the Oberon Local Environmental Plan 2013.

The development meets the controls of the Oberon Local Environmental Plan 2013 and the Oberon Development Control Plan 2001.


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The development has minimal potential issues in regard to impacts to nearby residences. The haulage and operations of the quarry are manageable via the recommended conditions of approval.

13. RECOMMENDED CONDITIONS OF CONSENT The application is recommended for approval subject to the following conditions: 1. Approved Plans The development is to be carried out in accordance with the approved stamped plans prepared by:


Environmental Investigations Applied Ecology August 2018

Site And Locality Plan CEH Survey 27 July 2018

Note: Modifications to the approved plans will require the lodgement and consideration by Council of a modification pursuant to Section 96 of the Environmental Planning and Assessment Act. Reason: To confirm and clarify the terms of Council’s approval. 2. Limit of Clearing and Quarry Operations No works, activities or vegetation clearing shall occur outside of the project site boundary identified within the approved Environmental Investigations. Reason: To ensure the development is contained within the approved area of operations. 3. Groundwater Should groundwater be intercepted at any time during the operational works of the extractive industry, all works are to cease immediately and Council and the Department of Primary Industries – Water notified. Works are not to resume until written authorisation is received from DPI-Water. Reason: To protect and minimise impacts on the surrounding environment. 4. Documentation

A copy of the approved documents and plans relating to this consent are to be kept by the quarry operator at all times and shall be made available for inspection upon request by Council or an authorised government agency.

Reason: To ensure the relevant approval documents are available for inspection. 5. Hours of Operation

The Quarry may only operate Monday to Friday between the hours of 8:00 (8am) and 17:00 (5pm).

Reason:- To ensure the potential for noise, traffic and amenity issues to neighbouring properties and disruptions to residents using the surrounding roads are minimised. 6. Vehicle and Plant Emissions All vehicles and plant must be switched off when not in operation, and at no time are to be idling. Haulage loads must also not emit dust or other materials during transit and should subsequently be wet down or covered if there is risk of emission occurring.


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Reason:- To ensure that no emissions from vehicles or machinery impact on any nearby residences or the environment. 7. Fuel and Oil No Fuel or Oil is to be stored on site at any time. Refuelling must only occur inside the Quarry footprint to ensure that any spillage is maintained to the footprint and will not impact on the surrounding environment. If a fuel or oil spill occurs, all work is to stop immediately and the relevant procedures followed to ensure that the risk to the environment is minimised. Reasons:- To ensure that fuel and oil poses a reduced risk to the environment. 8. Haulage

Following the completion of upgrade works on Meadows Road, haulage truck movements are to be capped at 200 per calendar year, and 16 movements per day (8 in, 8 out). All haulage must follow the preferred haulage route outlined in the Environmental Investigations. The route shall run along the northern portion of the forest through Homers Hill Road before turning right onto Golden Valley Road and travelling in a northerly direction out of the forest and onto Meadows Road. Reason:- To ensure that the haulage of extracted material does not unreasonably impact on nearby residences or the surrounding environment. 9. Total Fire Ban Days The quarry must not operate on days identified as a Total Fire Ban, as forecast by the New South Wales Rural Fire Service. Reasons:- To reduce the chance of fire impacting on workers, residents or property on the subject land or in the nearby locality. 10. Workers Waste

All waste generated by workers or the operation of the Quarry must be removed from the site at

the end of each working day.

Reason:- To ensure that all waste is removed from the site and does not impact on the surrounding

environment.

11. Toilet facilities

Toilet facilities are to be provided at the work site at all times at the rate of one closet for every 20 persons employed at the site. If temporary closet accommodation is proposed, each closet must: (a) be at least 1050 mm wide, 1350 mm long and 2100 mm high (measured internally), (b) have a hinged door capable of being fastened from both inside and outside, (c) have sufficient walls and a roof to ensure privacy, each constructed of material that is

weatherproof, (d) have a floor constructed of a material that is rigid and impervious, (e) be provided with a suitable receptacle for, and an adequate supply of, deodorising or fly-

repelling fluid, and


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(f) comply with any relevant requirements of the Building Code of Australia.

Reason: To ensure adequate facilities are provided for workers. 12. Business identification signage A business identification sign is to be erected adjacent to the entrance gate of the subject site containing the name of the quarry operator and the phone number, postal address and email address of the permanent site contact so that complaints or any other issues relating to operation of the quarry can be received and addressed in a timely manner. The erection or installation of any other advertising signage is prohibited. Reason: To provide relevant contact details to the public and restricts advertising. 13. Sedimentation and Stabilisation The Quarry site must incorporate sediment and erosion controls to ensure that sediment does not flow from the site to the nearby creeks and streams. This can be through sediment fencing, straw bales, etc. and ensure that no material can move from the entirety of the site to the nearby waterways. Once the works are completed the area must be stabilised and revegetated to ensure that soil erosion impacts will not occur in the future. Reason:- To ensure that the waterways and habitat surrounding, which are identified as part of an Endangered Ecological Community, are not impacted from the development. 14. Endangered Ecological Communities No vehicle, machine or pedestrian should damage, remove or threaten any flora or fauna that is identified within the Environmental Investigation as being an Endangered Ecological Community. No access for vehicles and machinery should occur in the area identified, other than through an existing forestry roadway. Reason:- To ensure that the Endangered Ecological Communities surrounding the quarry location are protected and that no damage or threat to these communities occurs. 15. Meadows Road Maintenance Any damage to Meadows Road or any other affected public road caused by the haulage of extracted material is to be rectified at the full cost of the operator. Reason:- To ensure that Meadows Road and other surrounding roads will not be degraded as a result of the Quarry operation. 16. Speed Limits A maximum speed of 20km/h will apply to all forestry roads in operation for the haulage of extracted material, specifically along the proposed haulage route through Homers Hill Road and Golden Valley Road. Reason:- To lower the risk of accident or collision for vehicles and pedestrians and decrease the change of damage to native flora or injury to native fauna. 17. Operation of plant and equipment The applicant is to ensure that all plant and equipment used on site is maintained in a proper and efficient condition, in a safe and working order; and operated in a proper and efficient manner. Reason: To protect and minimise impacts on the surrounding environment.


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18. Cultural heritage management If Aboriginal cultural objects or human remains are uncovered during extractive works, all works must cease in the immediate vicinity to prevent any further impacts on the object(s) or remains. Notification is to be made to the NSW Police, the Aboriginal community and the Office of Environment and Heritage as appropriate. Works are not to resume until written authorisation from the NSW Police and/or Office of Environment and Heritage is received. Reason: To ensure appropriate action is taken upon discovery of Aboriginal cultural heritage items and/or human remains. PRESCRIBED CONDITIONS OF CONSENT The following conditions are known as “Prescribed Conditions” and are required by the Environmental Planning and Assessment Regulation 2000 to be imposed as part of any development consent whether or not they are relevant to the development approved under this consent. Please do not hesitate to contact staff in Council’s Development Department who will be happy to advise you as to whether or not the conditions are relevant to your consent. 1. All building work must be carried out in accordance with the requirements of the Building Code

of Australia (as in force on the date the application for the relevant construction certificate or complying development certificate was made).

Reason:- So that the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulation 2000. 2. In the case of residential building work for which the Home Building Act 1989 requires there to

be a contact of insurance in force in accordance with Part 6 of the Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

Reason:- So that the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulation 2000. 3. Residential building work within the meaning of the Home Building Act 1989 must not be

carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

In the case of work for which a principal contractor is required to be appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under Part 6 of the Act, In the case of work to be done by an owner-builder: (i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

Reason:- So that the development complies with the requirements imposed under Clause 98B of the Environmental Planning and Assessment Regulation 2000. 4. A sign must be erected in a prominent position on any site on which building work, subdivision

work or demolition work is being carried out:

showing the name, address and telephone number of the principal certifying authority for the work, and


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showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work is being carried out and must be removed when the work has been completed. NOTE: This condition does not apply to building work that is carried out inside an existing building that does not affect the external walls of the building. Reason:-So that the development complies with the requirements imposed under Clause 98A of the Environmental Planning and Assessment Regulation 2000. 5. Any development that involves an excavation that extends below the level of the base of the

footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

protect and support the adjoining premises from possible damage from the excavation, and

where necessary, underpin the adjoining premises to prevent any such damage. NOTE: The condition referred to in sub clause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying. Reason:-So that the development complies with the requirements imposed under Clause 98E of the Environmental Planning and Assessment Regulation 2000.

Notes:


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13.10 DEVELOPMENT APPLICATION 10.2018.87.1 –CONSTRUCTION OF A SHED

File No: Property/PR238-61-67 Author: Health and Building Surveyor, Kerry Davison

Summary A Development Application has been received for the construction of a new shed at 61-67 Burraga Street, Burraga with particular reference to Part C.6.4 – “Carports and Garages.

Recommendation That 1. Council vary Part C.6.4 – “Carports and Garages of its current DCP 2001 associated to

Development Application 10.2018.87.1 for the construction of a shed at Lot 8 Section 19 in DP 758196, being known as 61-67 Burraga Street, Burraga.

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

Comment FOLLOWING is a copy of the proposed plans. Development Application 10.2018.87.1 has been received for the construction of a shed at 61-67 Burraga Street, Burraga within the RU5, Village Zone. A variation to DCP 2001 is sort in relation to Part C 6.4.

Part C.6.4 -“Carports and Garages” associated to Residential Development requires: “The maximum total floor area of garages and/or carports is to be 60m2.” The proposed development is a shed with a floor area of 72m2. The 12m2 non-compliance with the floor area limitation imposed by DCP represents a 16% variance. The applicants have indicated a shed of this size is required for the parking of vehicles and storage of equipment which is not uncommon within the Village Zone.


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The shed is located at the rear of the 2023m2 lot and adjoins two laneways to the northwest and northeast with the potential impacts of the size of the shed on the adjoining land owner, considered to be minimal. It is considered that the variation can be supported in this instance.

Notes:


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13.11 MODIFICATION APPLICATION 10.2018.64.2 – CELLAR DOOR WAREHOUSE

File No: Property/PR6-38 Author: Town Planner, Dylan Furnell

Summary A Modification Application has been received for approved Development Application 10.2018.64.1 at 38 Bosworth Falls Road, O’Connell for a Cellar Door and Warehouse (Function Centre). The modification application requests the modification of condition 2 within the original consent.

Recommendation That: 1. Council approve Modification Application 10.2018.64.2 to Modify condition 2 to allow reflective

materials to be used for walls only at Lot 3 in DP 830173, being known as 38 Bosworth Falls Road, O’Connell in accordance with Section 4.16 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

Comments FOLLOWING is a copy of the statement provided by the applicant. The original application and all conditions were approved by Council at its meeting on 16 October 2018, the modification of this condition must be approved by Council. Condition 2 reads: 2. Colour Scheme The exterior of the building is to be constructed of non-reflective materials. Reason:-To ensure the external appearance of the development is not obtrusive or offensive and does not degrade the visual quality of the surrounding area. The proponent seeks to modify the condition so that it allows reflective materials to be used on the walls. If Council approves the modification to the condition, the applicant proposes to use non-reflective Colorbond sheeting for the roof, and galvanised sheeting for portions of the walls. All aspects of the development are permissible in the RU1 zone and remain consistent with the controls of the Oberon Local Environmental Plan 2013 and the Oberon Development Control Plan 2001. The application was originally notified for a period of two weeks and received two submissions against the development. The modification application was therefore re-notified for a period of two weeks ending 12 December 2018. Should any submissions be received an update will be provided at the Council meeting.


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1. LOCATION

Figure 1: Location of the proposed Cellar Door building, (North Up)

2. ASSESSMENT By allowing the development to use reflective materials on the walls of the proposed cellar door and warehouse, there is a somewhat increased chance of reflecting sunlight impacting on the amenity of the locality. The location of the proposed building dictates that the majority of neighbouring properties will not be affected. The neighbour to the north may experience some reflected sunlight, however due to their position it is likely the suns pitch will ensure that reflected sunlight will not impact on the residence. It should also be noted that the proposed galvanised sheeting will dull at a quicker rate then zincalume sheeting and thus it should be conditioned that zincalume not be used. Importantly the location of the proposed building is neither near major roads, nor does it sit on or near a ridgeline, and therefore is unlikely to impact on traffic safety on major roads. Due to its position east of the dwelling, it is also unlikely that the private carriageway will be affected from unreasonable sun glare as a result of the galvanised walls. 3. RECOMMENDATION To approve the modification application with the following condition. 4. UPDATED CONDITION OF CONSENT 2. Colour Scheme The exterior roofing is to be constructed of non-reflective materials and no portion of the building is to be constructed with Zincalume cladding. Reason:-To ensure the external appearance of the development is not obtrusive or offensive and does not degrade the visual quality of the surrounding area.


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13.12 DEVELOPMENT APPLICATION 10.2018.95.1 –CONSTRUCTION OF A CARPORT

File No: Property/PO15-61 Author: Health and Building Surveyor, Kerry Davison

Summary A Development Application has been received for the construction of a carport at 61 Curtis Street, Oberon with particular reference to Part C.5.7 – “Setback from the Street”.

Recommendation That 1. Council vary Part C.5.7 – “Setback from the Street” of its current DCP 2001 associated to

Development Application 10.2018.95.1 for the construction of a carport at Lot 5 Section 27 in DP 758805, being known as 61 Curtis Street, Oberon.

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

Comment FOLLOWING is a copy of the proposed plans. Development Application 10.2018.95.1 has been received for the construction of a carport at 61 Curtis Street, Oberon within the R1, General Residential Zone. A variation to DCP 2001 is sort in relation to Part C 5.7 Part C.5.7-“Setback from the Street” associated to Residential Development requires: “No residential building, dwelling or associated building shall be set within 3 metres of the street. And

The setback from a street frontage for a building, which is part of a residential development, will be determined on its merits having regard to:

(a) the provisions of any development control plan applying to the specific

location; (b) the position of any existing buildings in the locality; (c) the size and shape of the allotment. (d) the effect on vehicular safety and visibility, particularly on corner sites.

(e) the orientation of the allotment and the proposed dwelling with regard to the sun and prevailing winds.

(f) the proposed location of any private open space, courtyard or landscaped areas.

(g) the facade of the proposed building or buildings which will face the street and the

(h) proposed landscape treatment of that part of the allotment which is visible from the street.

(i) the location and treatment of any car parking areas or car parking structures on the site.”

The proposed development is for the erection of a carport attached to an existing garage at the front of 61 Curtis Street, Oberon. The carport is proposed to be setback 2m from the front


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boundary, and will have no impact on vehicular safety and visibility due to the wide footpath crossing and existing vegetation on site. The proposed carport will match the current façade of the existing garage, having minimal visual impact on the streetscape and will provide for additional covered parking for the property owners.

Neighbour notification has been undertaken to the neighbouring property. Submissions will close on 19 December 2018. Should any submissions be received resulting from the neighbour notification then a further report will be put to the February Ordinary Council Meeting. It is considered that the variation can be supported in this instance.


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13.13 DEVELOPMENT OF NEW COMMUNITY STRATEGIC PLAN UPDATE

File No: S: Governance/December 2018 Author: Lynette Safranek, Corporate Services Director

Summary Donna Galvin Consulting, together with Councillors and Council Staff, undertook community engagement for the development of the new Oberon Community Strategic Plan – Road Map to the Future 2040 from October to December 2018. This report provides the draft Community Strategic Plan for public exhibition from 20 December 2018 to 15 February 2019.

Recommendation: That Council place the draft Community Strategic Plan on public exhibition until 15 February 2019.

Comment The community engagement process for the development of the new Oberon Community Strategic Plan – Road Map to the Future 2040 has now been completed. A number of events and opportunities for the community to provide input into the new plan has resulted in a positive response with the following summary of input:

ONLINE SURVEY

237 responses

PHONE SURVEY

239 numbers called;30 completed surveys

COMMUNITY FORUM

29 attendees

YOUTH FORUM

28 attendees representing all schools

BUSINESSES and GROUPS CONTACTED

44 businesses, all sporting groups

Health council, village associations

ENGAGEMENT/EVENTS/CONTACTS

8 held – Farmers Markets, main street, Youth Council

The community forum held on Saturday 24 November was well attended and the informal feedback was very positive. One participant said “I felt the CSP forum at the Oberon Community Centre was really well run - I have been attending these meeting forums over the years and feel this was the best one yet”. The workshop participants were presented with summary findings from the community survey and worked in groups to shape them into the propose themes and strategies in the draft CSP ATTACHED. In summary, there are five (5) themes with 23 actions. THEME: COMMUNITY WELL BEING

We will (actions)

Meet transport needs for all community members within the area and to the region and cities

Meet the social, cultural and physical activity needs for the community

Meet the health, educational and social service needs of the community

Work with our partners to provide a safe community


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THEME: A GROWING ECONOMY

We will (actions)

Develop strong relationships with local industry, organisations and government to ensure a sustainable local economy

Encourage sustainable tourism initiatives which create employment and boost the local economy

Explore new and innovative approaches to economic development to enhance skills and provide broader employment opportunities for future generations

Promote, support and attract local small businesses

Lobby for better telecommunications services

THEME: CARING FOR THE ENVIRONMENT

We will (actions)

Protect and manage local air quality, waterways, rivers and streams

Work with other agencies to protect local fauna and biodiversity

Have sustainable waste management services and programs with a commitment to resource recovery

Recognise the valuable contribution of the agriculture sector to the local economy

Reduce the impact of Councils carbon footprint through energy saving innovations

THEME: INFRASTRUCTURE AND SERVICES

We will (actions)

Provide a program to improve local roads and work with partners on state road infrastructure

Provide accessible, safe and well maintained community spaces and facilities

Provide infrastructure which encourages the use of sustainable transport such as cycle ways and walking tracks

Plan for infrastructure and land use needs ready for future growth

THEME: LEADERSHIP AND ENGAGEMENT

We will (actions)

Partner with local communities to create an ongoing culture of engagement to aid Council decision making

Council has sound organisational health and has a culture with strong leadership and governance frameworks

Council builds strong relationships with other Councils and organisations in support of Oberon Plan and the wider region.

Council has a focus on providing excellence in service delivery

Ensure financial stability and support efficient council operations


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VISION STATEMENT As part of the survey, and then during the youth and community workshops, the idea of a new vision statement or marketing slogan was considered. Of the 237 survey respondents the current vision statement was ranked 7/10 as being appropriate. The participants at the community forum developed a range of options and then had the opportunity to vote for the one they liked best. The following were the top 3 nominated:

Oberon – a town with altitude (13) (note this is already being used by TasteOrange)

A cool place to be (8)

Simply Spectacular (6)

At this stage, the vision statement has not been included in the CSP. Council will need to further consider if they wish to make a change to the vision statement. WHAT NEXT? The draft CSP will be placed on public exhibition until 15 February 2019. Submissions are invited to be made by email at [email protected] or by letter to the General Manager, Oberon Council, PO Box 84, Oberon 2787. An update on the project will be posted on Councils Facebook page following the December Council Meeting and the online survey link will be closed. All data from the survey and engagement process is being summarised and will be held by Council for future reference. In early February 2019, the Executive Team and consultant will re-develop the new Delivery Program that aligns to the new Community Strategic Plan.

Notes:

mailto:[email protected]


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13.14 DROUGHT COMMUNITIES PROGRAMME

File No: Governance/Grants/December 2018 Author: Gillian Salmon, Grants Coordinator; Lynette Safranek, Corporate Services Director

Summary On 19 August 2018, the Australian Government announced $75 million for the Drought Communities Programme (DCP) - Extension to support communities impacted by the current drought. Oberon Council is one of the eligible councils who will receive funding for local community infrastructure and other drought relief projects up to the amount of $1 million. At the November 2018 meeting Council approved 4 (four) projects to progress to submission stage for DCP funding.

Recommendation: That Council approve the progressive submission of projects for the remaining $698,600.

Comment To date, applications have been submitted to the DPC for three projects: the Drought Relief Events, O’Connell; Primitive Camping Facilities at the Reef Reserve Oberon; and the Burraga Dam Camping and Picnic Ground Upgrade. The application for the Kitchen Upgrade of the Black Springs Community Hall will be submitted shortly. This will bring the total committed funding to $301,400 with $698,600 remaining. Following are descriptions and cost estimates for the remaining shortlisted DCP projects. Some project nominations have been revised. Cost estimates have been prepared by either Shane Wilson, Director of Planning and Development, or Chris Schumacher, Director of Technical Services. A brief description of each project is provided below in priority order suggested by Council staff. Project costs include a standard 10% contingency allowance. 1. Raw Water/Reticulated Water standpipe and Tourism opportunities - $74,000

In looking into the opportunity to provide a raw water standpipe comment was made by Council that a current reticulated standpipe exists that Council currently provides for opportunities to access water. As a result of this comment officers have been looking at opportunities to add value to the commercial opportunities for retail businesses in the current drought times. In place of constructing the above mentioned raw water standpipe it his considered that Council may consider the construction of a new RV dump point/ water reticulation/electric pump station and storey board facility in an area within walking distance from the Oberon business centre. After investigation it is considered that the optimal position for this facility is in the general location between the junior soccer field and the works depot off the corner of North and Albion Street (behind the SES building and adjacent to the Care Car Shed). A new sewer line connection would need to be constructed across Albion Street to connect the free RV dump point and new 20mm water services (taps) installed to provide tourists access for potable water use.

The existing bitumen loop road could be modified to allow for two (2) new parking bay areas one on each side of the loop road to allow RV’s and motor homes to access the free disposal dump point.


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The provision of a free dump point in town would allow Oberon to apply for RV Friendly Town status through the Campervan and Motorhome Club of Australia (CMCA) which would support the growth of Oberon’s visitor economy and in turn assist the current retail and commercial business sector. It is also considered that the area is ideal for the installation of a Tesla electric power station to facilitate the emerging electric vehicle industry. Preliminary investigations indicate that Tesla may install the station at no cost with the electricity connected at Council’s cost. Further, to assist with the visitor experience it is proposed to incorporate a number of storey boards within the facility to give visitors information on how to easily access Oberon and the unique experiences it has to offer. It is anticipated that additional parking will be required to facilitate these areas.

Preliminary cost estimates for this project:

Sewer line connection: Albion Street to turning area adjacent to the back of the SES building 75 metres x $240 lineal metre $18,000

New Man Hole Construction $2,800

Restoration of trench $3,000

Bitumen repairs to Albion Street $1,200

Water Main extension 30 metres, connection of 20mm water taps $5,000

Construction of two (2) new bitumen seal parking provision for RV’s/ Caravans/Motorhomes $3,700

Dump Point - funded by the NSW Government/CMCA Dump point subsidy Program $0

Fitting of Dump Point $2,500

Garden Bed construction and plants Provisional Sum $3,800

Electricity for Tesla electric power station $3,000

Visitor storey boards $20,000

Additional parking $7,000 Total $74,000

Proposed site


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2. Upgrade/Replace Amenities Block and Replace Electricity Meter Box at Oberon Showground: $130,000 or $57,200 Option 1: The original proposal was to knock down and rebuild the entire existing amenities block at the Oberon Showground, fit with new fixtures, paint and install hose out flooring. This project has been nominated by the Oberon Show Society and the Oberon Campdraft Committee whose first preference was for a knock down and rebuild of the amenities block at an estimated cost of $130,000. The Oberon Show Society has since contacted Council requesting an additional component of the project to replace their electricity metre. The Show Society has an ongoing issue with the electricity supply to the Showground. As their meter is not working they are being charged $3,000 per quarter for electricity, which they believe is well above what is actually being used. The only period when this amount is likely to be used would be January-March which covers the annual show period. The Oberon Showground Trust need to urgently replace the metre with an 150 amp CT meter and cabinet. The estimated cost to supply and install is $17,000. Option 2: A second option is to upgrade the existing toilet block, fit with new fixtures, repaint and new flooring at total cost of $38,500. The Oberon Show Society would also link the replacement of the 150 amp CT meter and cabinet at a cost of $17,000. Bringing option 2 to a total of $57,200.

3. Equipped Water Bores at Black Springs and O’Connell: $161,150

This project will install water bores at the villages of O’Connell and Black Springs which could be accessed as a non potable water source by the rural community and where appropriate by the Rural Fire Service (RFS) to refill tankers especially when dams are empty and stream flows are low. Thus, the project represents a community safety and disaster assistance measure and has been proposed by Council Staff. Detailed costings for the project include drilling, casing, metering approvals from NSW Water, power supply (electricity), all weather road access and security fencing.

To be eligible for funding under the DCP, the water bores would need to be located on public land and consideration given to access issues.

4. Oberon Indoor Fitness Centre Equipment Fitout: $187,000

This project will purchase and install fitness equipment including cardio, weights and machines at the proposed Oberon Indoor Fitness Centre. The Fitness Centre project has very strong community support from a broad sector of the Oberon Community. Funding for the construction of the Indoor Fitness Centre building has been obtained under the Stronger Country Communities Fund Round 2.

5. Water Carting of Potable Water: $363,000

This project will purchase a suitable truck and stainless steel 12,000 litre tank and employ a drought impacted member of the farming community to deliver potable water to farms and rural residential properties. The project was suggested by Council staff.


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6. Footpath at Avenue of Trees O’Connell: $258,500 The revised project proposes to construct a 1.2m wide concrete footpath on the western side of the Avenue of Trees at O’Connell, from Box Flat Road to Beaconsfield Road. Project costings include, fencing, concrete and materials, earthworks, and labour. The project was nominated by members of the O’Connell Community.

7. Raw Water Standpipe

This project proposed to install a raw water standpipe to be accessed by the farming community for non potable water. A site for the standpipe has not been identified. There has been some thought change in place of constructing a second water standpipe given the difficulty in accessing a desirable sight to access raw water. Even if there was a suitable sight to gain access to raw water, approval would need to be granted from WaterNSW to connect. Presently there already exists access to a town water potable standpipe in North Street.

Notes:


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13.15 OBERON STREET ACCESSIBLE PARKING UPGRADE

File No: Traffic and Transport/Parking Author: Chris Schumacher, Technical Services Director

Summary This report provides revised detail and cost estimation in relation to the proposed upgrade of the existing Accessible Parking located adjacent to the frontage of the RSL Club in Oberon Street, Oberon.

Recommendation: That: 1. That Council confirm and accept the TALC recommendation that the existing Accessible

Parking remain in its current location.

2. That the Accessible Parking be upgraded to the latest Australian Standard for two (2) car Accessible Parking.

3. That a Concrete “blister” be constructed on the corner so as to require the Give Way signage and road marking be aligned with the Oberon Street Kerb line on the western side of Dudley Street.

4. That the concrete blister be landscaped in the form of a garden.

5. That the existing 1.2m wide concrete path in front of the RSL Building for a distance of approximately 18 metres be removed and replaced with a paved footpath 3.2m wide over the same distance to a similar standard to that in Dudley Street, Oberon.

6. That $16,0000 be allocated from the 2018/19 Oberon Town Improvement Fund to facilitate all work as listed in recommendations 2, 3, 4 & 5.

Comment FOLLOWING are pictures of the existing accessible parking provision proposed for upgrade in Oberon Street. Following on from Council’s report to the 20 November 2018 report, concern was raised as to the safety of the existing Accessible Parking location. A further inspection was made with Clr Gibbons, including the RSL Club Manager, the Director and Manager Technical Services. A number of options were discussed however it was agreed that the persons who experience accessible difficulties would more than likely have problems traversing the sloping street gradient in Dudley Street whereas the existing location provides for a far superior level surface. It was agreed that the approaching traffic sight distance to the east of the Dudley Street is compromised for vehicles entering Oberon Street from Dudley Street whilst the current Give Way line remained in its present position and vehicles were parked 65 degree rear to kerb in Oberon Street. Currently the two opposing kerb lines at the intersection of Dudley Street with Oberon Street are offset in alignment by up to 1.5 metres, to facilitate improvements to the intersection it is proposed to construct a new concrete Island (blister) adjacent to the Accessible Parking on the eastern side of the intersection. The provision of a new give way holding line then can be placed out to the furthest kerb line allowing for vehicles to further advance upon the intersection of Oberon Street by an additional 1.5 metres.


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The new alterations proposed for this intersections will provide the added safety for motorists to stop deeper into the intersections, observe oncoming traffic from the eastern approach of Oberon Street, whilst eliminating any visual obstruction of parked vehicles within the existing accessible zone parked 65 degrees rear to kerb in Oberon Street. Funding Source: The estimated cost of the works is as follows: A) Linemarking, bollard, symbol, provision of new signage $ 2,000 B) Construct Blister and landscape $ 6,000 C) Remove and replace footpath $ 8,000 Total Estimated Cost $16,000 Due to the current implications surrounding the Oberon Street awning extension and potential heritage building implications, unresolved underground utility confirmation and additional funding that is likely to be required, it is recommended that $16,000 be reallocated from the $70,000 awning extension project which is currently funded through the 2018/19 Town improvement fund.


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Notes:


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13.16 WATER USAGE – DROUGHT ASSISTANCE

File No: Water Supply/Monitoring/Water Standpipe Author: Gary Wallace, General Manager

Summary This report outlines the take up of drought assistance (water usage) for the period 13 November 2018 to 10 December 2018 and provides a summary of the drought assistance provided to the Oberon community since its introduction on 16 May 2018.

Recommendation: That Council note the continued take up of the drought assistance (water usage) program and extend the assistance to rural and non residential ratepayers through potable drinking water, for use only within the Oberon Local Government area, at a rate of $0.55 cents per kilolitre reduced from the standard residential rate of $2.92 for a further three month period with monthly monitoring of its use.

Comment At its 15 May 2018 Ordinary Meeting Council resolved to assist the rural and non residential ratepayers through potable drinking water, for us only within the Oberon Local Government Area. At its 21 August 2018 Ordinary Council Meeting Council resolved to extend this subsidy for a further three months. Under normal seasonal conditions August to December have the highest estimated daily pasture growth rates on the Central Tablelands. Although there has been some rainfall received in the past two months, dams and water courses have remained at low levels. Higher than normal rainfall is needed now to replenish subsoil moisture profiles to support pasture growth and replenish dams. To accommodate this concern Council resolved to assist by reducing the cost of potable water to the rural and rural residential users subject to monthly tracking. Below is a table of usage from residents in the Oberon LGA during the period 13 November 2018 to 10 December 2018.

Amount

(L)

Purpose

(Domestic/Stock)

Cost To Consumer

($)

Normal Cost

Residential Rate

($)

25,000 Tanks 13.75 73.00

40,000 Tanks 22.00 116.80

40,000 Tanks 22.00 116.80

Total water sales for the month were 105,000 litres of water being allocated between 3 customers. A total of $57.75 being spent under the assistance program from potential residential water charge of $306.60. However under the standard fees and charges for the sale of water from the existing standpipe for domestic water, (being $5.80 per thousand litres) the cost is $609. This is a saving to the community of $551.25. Since the introduction of the drought water subsidy in May a total of 1,858,000 litres of water have been purchased. The total spent under the assistance program was $1,022.90 from a potential


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residential water charge of $5,435.26. The total fee that would have been collected under the standard fees and charges for water from the standpipe (being $5.80 per thousand litres) the cost would have been $10,776.40. The total savings to the community since the introduction of this policy is $9,755.50.

Month Amount (L) Number of Customers

Cost To Consumer

($)

Normal Cost Residential

Rate ($)

Normal Standpipe Purchase Rate ($)

June 560,000 21 308.00 1,635.20 3,248.00

July 157,000 6 86.35 458.44 910.60

August 738,000 24 405.90 2,154.96 4,280.40

September 50,000 2 27.50 146.00 290.00

October 147,000 7 80.85 429.24 852.60

November 206,000 5 113.30 601.52 1,194.80

Total 1,858,000 65 1,021.90 5,425.36 10,776.40

Notes:


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14. REPORTS FOR INFORMATION

14.01 MONTHLY ACTIVITY REPORT – GENERAL MANAGER

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

Summary This report item summarises the main activity by the General Manager since the November 2018 Council Meeting. Items include Human Resources, 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 DECEMBER, JANUARY and FEBRUARY ECONOMIC DEVELOPMENT STRATEGY – Work has stalled on the development of a Regional Economic Development Strategy between Oberon and Bathurst. This strategy seeks to identify links between the two LGA’s in an attempt to increase potential funding opportunities. The fourth draft has been received and comments forwarded to the consultant regarding potential additions. From further consultation with the Department of Premier and Cabinet further work has been undertaken in order to further look at Oberon opportunities through a local economic analysis. This has now been completed with other issues being raised. Currently both Bathurst Regional Council and Oberon Council have yet to endorse the regional strategy as it currently exists. COMMUNITY STRATEGIC PLAN REVIEW – Facilitators have now been commenced the community engagement for Oberon Road Map 2040. Council is now actively promoting the program and are seeking to engage with a broad cross section of the Oberon community. Now is a great time to review and consider the next steps in the evolution of Oberon. Initiatives relating to Branding, Destination Management, Tourism and Economic Development all sit at the forefront of Councillor expectations and a new and improved CSP will help deliver on these actions. Pop ups, attending workshops, community consultation and surveys have all been included in the engagement framework. A draft report tabled at the December Meeting will provide for further information for Councillor consideration and also provide the way forward to exhibit the draft. LAND DEVELOPMENTS – Work continues on promoting the sale of Industrial land in the stage 1 area. Work on progressing Stage 2 development continues and will be prepared for grant funding should an appropriate funding source become available. 2 Additional lots have now been finalised and another two are in contracts inline with current delegations. Other lots have been offered for sale in accordance with Council’s previous resolution. UNRATABLE LANDS – in line with previous reports from the Mayor work continues on developing a strategy of leveraging the State Government for the rating of unrateable land or something that addresses the current situation. We have been working with WRI Consultants to establish a Scope of Works that highlights the need to have this issue addressed. A further report will be submitted in the New Year outlining the proposal.


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

Minute Number Summary/Progress

20 December 2016 ORDINARY COUNCIL MEETING

19 201216

Skoda And Tatra Museum – Request For Assistance

1. Council defer a decision in relation to the request and have an onsite meeting to evaluate its possible support for this project.

2. Council continue to support and assist the Skoda & Tatra Museum though ongoing grant applications for the development.

Inspection to be held on 15 Feb 2017

Finalisation of lease documentation still with John Holland and Skoda

Construction Certificate for the building has now been issued and the building constructed.

OTHR have met with Council and will provide additional information to Council that will enable a discussion to be held regarding possible opportunities.

Matter ongoing

15 August 2017 ORDINARY COUNCIL MEETING

32 150817

Land Sale – Operational Land Abercrombie Road

1. Council determine the sale of 2.1267ha of road reserve fronting 1300 Abercrombie Road, Oberon.

2. Council determine an appropriate price for the sale of the land in accordance with the valuation of OPTEON Group Pty Ltd.

3. The General Manager and Mayor be delegated authority to sign relevant legal documents associated with the transfer of the land.

Action: In Progress

Reported to November Ordinary Meeting

Contract exchanged and signed, awaiting LPI sign off.

Matter ongoing

20 February 2018 ORDINARY COUNCIL MEETING

30 200218 Land Purchase Corner Abercrombie and Campbells River Road, Black Springs

1. Council approve the sale of the land parcel on the Corner of Abercrombie and Campbell’s River Road as per plan design reference 16142 for a sale price of not less than $4,200 ex. GST.

2. That all costs associated with formalising the allotment including legal, survey, valuation and registration of the land shall be borne by the applicant.

3. Councils General Manager be authorised to determine which licenced real estate will be engaged to sell the land.

4. Councils General Manager be authorised to sign and affix the Councils Common Seal to Contract of Sale.

EoI closes 15 December 2018

Matter ongoing

20 March 2018 ORDINARY COUNCIL MEETING

35 200318 Property and Land Development –

That Council consider the offer to purchase the land and provide the General Manager with an appropriate delegation to negotiate.


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Industrial Estate GM to progress Offer made to purchaser in line with delegation Offer accepted. Contract, legals and survey currently being undertaken. Survey complete. Contracts exchanged.

Matter ongoing

37 200318

Expression of Interest – Land Matter

That Council delegate to the Mayor and General Manager the authority to engage with the proponent pertaining to the land swap and report back to Council any additional information provided after initial contact. Contact made with Borg representative. Meeting to follow. Initial meeting held. Actions to be considered by all parties. Council has progressed its requirements. A contractor has now been engaged to prepare a cost analysis for a potential project. The design and associated documentation has been completed, with full review to occur in the coming weeks. Plans are now undergoing community consultation. Consultation closes 31 January 2019

Matter ongoing

15 May 2018 ORDINARY COUNCIL MEETING

16 150518

Oberon Bicentennial Tapestries

That Council provide $1,000 from the General Fund to undertake repairs to the Oberon Bicentennial Tapestries. Cleaning and repair currently in progress.

Matter ongoing

31 150518

Purchase of Land O’Connell

1. Council reconsider the delegation granted the General Manager with respect to negotiations related to land purchases for a recreation ground at O'Connell.

2. Necessary funds be sourced from land bank reserves.

Matter ongoing

19 June 2018 ORDINARY COUNCIL MEETING

18 190618

Council Section 355 Committees

3. Council confirm its community delegates to the Section 355 Committees for a period of 2 years.

4. Council seek additional interest for both the Sports Facilities and Community Services Committees from local organisations with a further report provided to Council upon completion.

Letters sent Report to December Meeting

Matter closed


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19 210818

Water Usage – Drought Assistance

That Council note the continued take up of the drought assistance (water usage) program and extend the assistance to rural and non residential ratepayers through potable drinking water, for use only within the Oberon Local Government area, at a rate of $0.55 cents per kilolitre reduced from the standard residential rate of $2.92 for a further three month period with monthly monitoring of its use. This matter continues.

Matter ongoing

18 September 2018 ORDINARY COUNCIL MEETING

16 180918

Mount Ryan UHF CB Service

That Council write to Bathurst Regional Council and seek to broker an agreement to protect the Mt Ryan UHF Telecommunications tower. A letter has been prepared and sent to Bathurst Regional Council in line with Councils resolution.

Matter ongoing

20 November 2018 ORDINARY COUNCIL MEETING

04 201118

UMCC Meeting

That Oberon Council resolve to contribute the increased contributions to UMCC as requested for the Financial Years as follows:

2019/2020 2020/2021 2021/2022

$8,860 $17,942 $27,250

and that the increased contribution for 2021/2022 continue for future years as adjusted by the rate peg. This will be included into future allocations

Matter closed

14 201118

Jenolan Street Trees Box Elder Issues

That Council consider the representations from the residents and consider the replacement of the invasive trees with an appropriate replacement following consultation with residents. Report to December meeting for consideration

Matter ongoing

20 201118

Domestic and Family Violence Policy

That Council adopt the draft Domestic and Family Violence Policy Adopted

Matter closed

21 201118

Drug and Alcohol Policy

That Council adopt the draft Drug and Alcohol Policy 2119. Adopted

Matter closed

22 201118

Workplace Wellbeing Policy

That Council adopt the draft Workplace Wellbeing Policy Adopted

Matter closed


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33 201118

Citizen of the Year Awards

1. Australia Day Awards be made in the following categories: a. Citizen of the Year b. Young Citizen of the Year (persons up to and including 18 years) c. Sportsperson of the Year d. Young Sportsperson of the Year (persons up to and including 18

years) e. Sports Team of the Year f. Community Event of the Year g. Volunteer or Volunteer Group of the Year 2. That an invitation be extended to all award nominees, Councillors

and Management Staff and their partners to meet the Australia Day Ambassador and partner at a function on the evening of 25 January 2019.

3. That the 2019 Australia Day Celebrations be held at the Oberon Showground Hall.

Adopted

Matter closed

With respect to outstanding actions from previous Council Meetings the General Manager will review these with the Mayor and the Directors on at least a monthly basis. If any Councillor requires an update on a specific item they should contact the General Manager or the relevant Director, or submit a Councillor Request Form to the Executive Coordinator. 3. HUMAN RESOURCES EMPLOYEE RECORD

Month Employee Separation

New Employee

P P T Casual Full Time

Salary Total

September 1 0 9 17 64 1 91

October 0 1 9 17 64 1 92

November 2 1 7 17 64 1 90

RECRUITMENT In November Council had a new Receptionist/Cashier commence, and advertised for three works positions; Truck Driver, Construction Ganger, and Water/Waste Water Operator In-Charge. Council has confirmation that the CFO will commence with Council on 7 January 2019. CENTROC HR – ELMO PROCUREMENT The first of three stages is about to commence with e-recruitment. This will enable a centralised system from application, shortlisting, contacting candidates via email, creation of offers. CENTROC HR MEETING The Council’s held there last meeting for the year in Bathurst on 27 November 2018. Two particular points were meeting locations for 2019 which will be held at Cowra and Orange due to the make up of the new Joint Organisation. Also the election of two representatives for the Award review negotiations were Greg Tory (General Manager – Lachlan) and Martin Boyd (HR – Blayney).


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TRAINING I am pleased to report, all staff attended Central West Lifeline Mental Health Chats, which were a gatekeeper type 90 minute session. I have received a request for information on Retail/Sales face-to-face training if possible. Worker on Foot training for RMS work sites needs to be updated in due course. Research also on CSU Engineering Cadet v Engineering Traineeship has taken place. 4. TOURISM & ECONOMIC DEVELOPMENT ACTIVITIES Tourism Promotion

The VIC has been working with OBTA and the Oberon Review to develop a new Oberon Brochure. The new brochure should be on display from Monday 10 December and will help to promote the region with updated information, listings and event information.

The VIC secured a one page feature in the Better Homes and Gardens Magazine December edition. The coverage included mentions of fossicking trails, Jenolan Caves and staff at the Visitors Centre.

The VIC secured a media interview and specially created foraging menu with celebrity chef Matt Moran. This will be compiled and used for media pitching to promote foraging activities in April.

The VIC updated the blurb on the Oberon Tourist Radio to refresh the destination information.

Facebook Results

Month Likes Followers Growth (Followers)

People Reached

May 582 563 - 1,448 June 758 842 49% 5,346 July 1,323 1,333 58% 90,055

August 1,433 1,446 8% 116,329 September 1,521 1,535 6% 46,663

October 1,829 1,846 20% 94,822

November 1,864 1,881 2% 39,398

Development

Small Business Month “Business Night at the Malachi” event survey received and provided positive results.

o 100% respondents satisfied, with 44% of these indicating very satisfied.

o 100% indicating they will participate in future Small business events.

Undertaken meetings with Borg and Mangan Haulage to understand collaboration opportunities. Some key outcomes are outlined below

o Borg: Interested to explore an interpretation centre or exhibition to highlight their technology, business and industry. This experience would be used for tourism, community and pathway development opportunities with the schools. A follow up meeting with Paul Shaddock, Creative Services Manager has been scheduled for the 14th December.

The VIC formed a partnership with Ian Redpath to offer scheduled daily foraging tours from Oberon for the month of April. This will allow the VIC to attract more visitors during this period and capitalize on the demand for mushroom picking.


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The VIC is in the process of developing an Oberon shire wine and food trail with the 3 vineyards in the region, Casey’s, Renzaglia and Bellbrook. As the coordinator of the initiative, the VIC aims to bring all wineries together to develop unique food and wine experiences, collaborative marketing and coordinated opening days to ensure the success of the trail. Discussions are continuing with the launch expected in April.

5. WORKPLACE HEALTH AND SAFETY Incidents/injuries reported in November 2018 An employee has reported a LTI injury which resulted in 2 days lost time

Lost Time Injury Days November

Department/work area

Administration 24

Works 2

Library 0

OVIC 0

Workshop 0

Meetings /activities attended 1 Nov - Asbestos Forum - LGNSW & Penrith City Council. 4 Dec – CENTROC WHS & Risk meeting Orange 6. EXECUTIVE SUPPORT Council Page in the Oberon Review was prepared each week during November with advertising and information. Advertising included the Mayoral Column and articles including Tender Supply and Installation of Guard Rail in Oberon, Australia Day Seeking 2019 Award Nominations, Proposed Off Leash Dog Area, Public Exhibition Fees and Charges for Road Closure, Public Notice – 2nd Notice of DA10.2014.70.1, Notice of DA10.2018.10.1 – Extractive Industry, Oberon Swimming Pool News, Council Meetings November 2018, Oberon Pool Swim-a-thon, Oberon Local Government Golf Day, new residents welcome to Oberon function, Determinations October 2018, Positions Vacant Construction Ganger, Truck Operator, Water/Waste Water Operator in Charge and Oberon Youth Council Dive in Movie event.


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Council Website and Council Facebook Page updated with media releases and relevant articles. “Good News Week” newsletters were issued to Councillors and staff on 2, 9, 16, 23 and 30 November 2018. 7. COMMUNITY ACTIVITY, REGIONAL ISSUES and OTHER MEETINGS

(OCTOBER – NOVEMBER 2018) The following is a summary of meetings attended by the General Manager. 14 – 15 Nov Mental Health First Aid Training

14 Nov OBTA AGM and Meeting

16 Nov Sewerage Treatment Plant Update Meeting

16 Nov Community Strategic Plan Pop Up Session

19 Nov Mayfield Garden re Beautification of Oberon Meeting

19 Nov The Hon Paul Toole MP – Funding announcement Oberon Community Fitness Centre and Pool upgrades

19 Nov Everyone can plan grant funding opportunity

19 Nov Australia Day Working Party Meeting

20 Nov Ordinary Council Meeting

21 Nov Teleconference NSW Health re Fluoridation

21 Nov Councillor Community Strategic Plan Session

21 Nov Centroc Board Dinner

22 Nov Centroc Board Meeting – Mayfield Garden

23 Nov Nick White Department of Premier & Cabinet meeting with Councillors

23 Nov Update Risk Register for Internal Audit Committee

23 Nov Community Strategic Plan Pop Up Session

23 Nov Oberon Business Awards Evening

26 Nov Grants Commission Presentation

26 Nov Greg Bourne, Oberon Tarana Heritage Rail Meeting

27 Nov Golf Day Meeting

29 Nov NSW Government Community Cabinet Meeting – Lithgow

29 Nov Keith Sullivan, Chris Freeman and Racheal Maher re Oberon Post Office

30 Nov Oberon Local Government Golf Day

3 Dec Fallon Gray, Public Health Network NSW re Oberon Health Profile

4 Dec The Hon Paul Toole MP re Funding announcement – OTHR Platform Upgrade

4 Dec Superintendent Paul McDonald & Chief Inspector Sammut Chifley Police

4 Dec Special Rotary Dinner - Men's Health

5 Dec Daryl Lawrence – Crown Lands

11 Dec Friends of the Oberon Library Christmas Lunch

11 Dec Councillor Informal Briefing Session


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14.02 MONTHLY ACTIVITY REPORT – PLANNING & DEVELOPMENT

File No: Governance/Meetings/Ordinary Author: Shane Wilson, Planning and Development Director

Summary This report item summarises the main activity in the Planning and Development Department since the November Council Meeting.


Commentary 1. PLANNED ACTIVITY FOR NOVEMBER, DECEMBER and JANUARY COMPLIANCE – work continues to investigate compliance issues in development activity and building control matters when they arise, with a couple of unauthorised use of land matters currently having action commenced. Animal related incidents are a constant source of frustration, with a number of dogs having been repeatedly impounded in recent times, especially during the recent storms events. STRATEGIC PLANNING – Work continues on finalising several strategic planning initiatives that have been supported by Council. The planning proposal to rezone open space, public reserves and parks to an RE1 Public Recreation zone are now to be made, with a request made to the Planning NSW to provide assistance with the mapping and the process. The revision of the current Development Control Plan and conditions continues with a view to having it ready for implementation in early 2019. As a part of the DCP development process it is proposed to have a Councillor workshop to go through an initial draft in detail, prior to further consultation with the community. MIDDLE CREEK QUARRY - Council has been involved with appeals in the Land & Environment Court in relation to the Development consent issued for the expansion of the Middle Creek Quarry. After a long conciliation process the Court have now issued the amended consent, which will now allow the development to proceed. RFS INFORMATION SESSION - Council’s Town Planner and Health and Building Surveyor attended a workshop held in Mudgee by the NSW Rural Fire Service in regards to the introduction of the new Planning for Bushfire Protection (PBP) 2018 guide. The guide is due to be implemented on 1 May 2019 in conjunction with the National Construction Code 2019. The aim of Planning for Bushfire Protection 2018 is to provide for the protection of human life and minimize impacts on property from the threat of bushfire, while having due regard to development potential, site characteristics and protection of the environment. Notable inclusion in the new PBP 2018 is the requirement for Council’s officers to assess Grassland vegetated areas around proposed developments. Grassland fires are fast moving fires which can be as deadly and destructive as timbered area fires.


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The RFS has developed for Council a new Bushfire Prone Map incorporating Grassland vegetation, with the map to be presented to Council for adoption in the near future. INLAND CODE – after several years in the planning the new Inland Code has been released to simplify the planning process for home owners and farmers in regional NSW. The new Code will make it easier, faster and cheaper for property owners in rural and regional inland areas of NSW to get approval for new homes, home renovations and farm buildings. It brings together and simplifies the planning rules for fast-track complying development approvals in one easy-to-read Code. The new Code and farm building standards will be included in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (State Policy) and aim to:

Make it easy for new one and two storey homes and home renovations to be approved in rural and residential zones in 20 days or less.

Simplify and tailor development standards to suit development in rural and regional inland NSW.

increase the use of complying development in inland NSW to help achieve faster housing approvals.

allow rural landholders to construct a greater range of farm buildings without approval and obtain faster approvals for large farm buildings to support the agricultural use of their land.

These standards have been developed following consultation with the community, councils and industry and can be found at: https://www.legislation.nsw.gov.au/EPIs/2018-569.pdf OBERON WASTE DEPOT – With Christmas fast approaching, an operational decision has been made to modify the opening hours of the waste depot for the Christmas period as follows. The reason for the change is due to staff availability over the festive period.

Monday 24th December – 8am to 11am

Christmas Day & Boxing Day – Closed

Thursday 27th to Monday 31st December – 8am to 11am

New Years Day – Closed

2nd January 2019 –return to normal hours 8am to 11am & 3pm to 5 pm. These hours are a temporary arrangement however a review of the operating hours will be undertaken in early 2019, with a report to be present to Council at that time. OBERON INDEPENDENT LIVING UNITS – the final design plans and associated documentation based on the option Council selected is being finalised, after which the project will be placed on open tender as per Council’s resolution. A development application will be submitted in early 2019, with building works are expected to commence in around March-April 2019. PROJECT IMPLEMENTATION - Stronger Country Communities Fund Round 1 a) New Skate Park and youth precinct- The tender has been awarded, with works proposed to

commence in early 2019.

b) Village Park and Playground Renewal – All of the works associated within this project have now been completed.

c) Footpaths to Fitness – The construction of the final sections of footpaths in Oberon are now being completed with works expected to be finalised by Christmas.

d) BBQ’s on the Fish - The BBQ’s and associated structures have nearly completed with the finishing touches expected by Christmas.

https://www.legislation.nsw.gov.au/EPIs/2018-569.pdf


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e) Grandstand Oberon Recreation Ground – There will be a meeting held in the coming weeks with all users to discuss the details of the project and confirm the location of the structure, prior to seeking further designs and quotes.

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

Minute Number Action Taken


12 200318 Heritage Committee Meeting

1. Council support the potential listing of the Local Heritage listing of the Chimney Stack at Burraga through normal process unless the item is of immediate threat of loss.

NSW Heritage trust are currently finalising the listing of the Burraga chimney, with Council’s listing to follow.

Matters ongoing

17 April 2018 ORDINARY COUNCIL MEETING

30 170418 Oberon Independent Living Units

That Council: 1. Select Option C as the preferred concept design option that

will be progressed to full design. 2. Nominate the Open tendering method as prescribed in

accordance with Clause 166(a) of the Local Government Regulation 2005 for the Construction of the units and associated works for tender T2018/3.

Design and pre-works now being undertaken. Matter ongoing


09 150518 Planning Proposal

1. Council support the amended planning proposal dated April 2018 to amend the Oberon Local Environmental Plan 2013 to incorporate the RE1 Public Recreation Zone into the plan and identify permissible compatible land uses,

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 authorise the General Manager to submit the attached amended planning proposal to the Department of Planning and Environment requesting a modification to the Gateway Determination dated 13 September 2018 in accordance with the requirements of section 3.33 of the Environmental Planning and Assessment Act 1979,

4. Request that an extension of the Gateway determination be granted for a further 6 months, 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.

Public exhibition, complete with no submission received. Plan now being amended prior to making. Matter ongoing


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04 210818 Garages at Balfour Street Self Care Units

Council investigate the installation of more garages at Balfour Street Self Care Units, in particular consider the needs of the residents, the location and costing and provide a report back to the September Ordinary Meeting.

Ongoing investigations

18 September 2018 ORDINARY COUNCIL MEETING

11, 12, 13 & 14 180918

Heritage Committee Meeting

2. Council to explore options for a proposed pathway for the Walking Track at O’Connell. The current costing for a concrete footpath is too expensive.

3. Council to seek approval from relatives of Brett Whitely to use the sketch he completed of “Nestlebrae” in the 1980 for possible future advertising.

4. Council to investigate access options for the Chimney Stack at Burraga.

6. Council to consider the reinstatement of the Local Heritage Fund and a report be provided in relation to the availability of State Heritage Funding $ for $.

Matter Ongoing

17 180918

Comingled Recycling

1. Change the current recycling services in Oberon, as detailed in Option Two of this report, including the removal of the North Street recycling area; and

2. Review the recycling situation in six (6) months and report back to Council.

North Street recycling area removed as of the 10th October.

Report due in six months

18 180918

Proposal to relocate Community Transport

1. Note that the current building can not be simply modified to suit the storage of the vehicles being owned and operated by LiveBetter, Oberon Community Transport;

2. Discuss the current situation with LiveBetter, Oberon Community Transport prior to further considering any changes;

3. Defer expanding the current recycling within Oberon until the cost of recycling returns to a reasonable level.

Matter Ongoing

21 180918

Oberon Dog Off Lease Area

That council put on public exhibition the sites in Bligh Street and Ross Street as proposed locations for an off leash dog park and following a period of public consultation a further report including costing for each location be provided to Council for decision. Public exhibition being undertaken, with a report to be tabled at the February 2019 meeting.

Matter ongoing


16 201118

Planning Proposal – 2519 O’Connell Road

That Council; 1. Note the findings of the Independent Planning Commission, 2. Await formal advice from NSW Department of Planning &

Environment, after which a further report be prepared detailing the options now available to Council.


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Formal advice from NSW Department of Planning & Environment is now received. PDD is to meet with all parties to discuss how they other parties could see the matter being progressed.

Matter ongoing

17 201118

Oberon Sports Complex

That Council resolve to place the concept plan on community consultation for a period of 28 days, with a further report to be presented after that period.

Matter ongoing

18 201118

Crown Land Management Act 2016 – Native Title Manager

That Council give notice to the Minister for Lands and Forestry that the Planning & Development Director, Mr Shane Wilson is to be employed as a Native Title Manager, until 30 June 2019.

Minister advised, matter completed

34 201118

Tender 2018/4 Construction Oberon Skate Park

That Council award the construction of the Oberon Skate Park tender – T2018/4 to Oasis Skate Parks Pty Ltd for a tendered price of $352,000 including GST in accordance with Clause 178 of the Local Government (General) Regulation 2005. Tender awarded and contracts signed.

Matter ongoing

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

3. PLANNING AND DEVELOPMENT MATTERS

DETERMINATIONS – November 2018

10.2018.78.1 Shipping Container 22 Edith Road OBERON NSW 2787

10.2017.8.3 Modification to application minor change to Site plan

3 Bligh Street OBERON NSW 2787

11.2018.67.1 Dwelling-Construction Certificate

54 Glendalough Road OBERON NSW 2787

10.2018.79.1 19.2018.71.1

Dual Occupancy and Onsite Wastewater system

370 The Meadows Road THE MEADOWS NSW 2787

10.2018.70.1 11.2018.70.1 19.2018.63.1

Toilet Facility and Onsite Waste Water System

3870 Beaconsfield Road O'CONNELL NSW 2795

10.2018.17.1 Boundary Adjustment 1091 O'Connell Plains Road O'CONNELL NSW 2795

10.2018.58.1 11.2018.58.1 19.2018.57.1

Dual Occupancy and Alterations and Additions to an existing dwelling

33 Rutters Ridge Road OBERON NSW 2787

Copies of determinations are available for inspection at Council’s Administration Centre. Total fees for Applications during November 2018 were $20,897. The year to date income is $81,390 which is 82.21% of the total income ($99,000) estimated.


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Applications for the calendar year are being provided in a table form to give an outline of applications being lodged against those of the previous year.

CERTIFICATES ISSUED During the Conveyancing process, normally as part of the sale of a property, various Certificates are applied for by Solicitors, Real Estate Agents or by the public. In November 2018 the following Certificates were issued:

CERTIFICATES – November 2018

SECTION 10.7 PLANNING CERTIFICATES

Environmental Planning and Assessment Act, 1979

15

SECTION 735A CERTIFICATES AS TO NOTICES

Local Government Act, 1993.

3

SECTION 121ZP CERTIFICATES AS TO ORDERS


2

SECTION 6.26 BUILDING CERTIFICATES


0

Certificates for the calendar year are being provided in a table form to give an outline of certificates being lodged against those of the previous year.

05

1015202530354045

Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

be

r

Oct

ob

er

No

vem

be

r

De

cem

ber

Nu

mb

er

of

app

licat

ion

s

Month

Number of Applications Lodged

2018 Applications

2017 Applications


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OBERON ANIMAL POUND The following are details of activity at the Animal Pound in November 2018.

In November 2018 there was One Show cause letters issued during the month, No Notice of Intentions to declare a dog dangerous, no Notice of Intentions to declare a dog menacing and No Notices of Intentions to declare a nuisance dog. There was no Nuisance dog order, no menacing dog orders and One Dangerous dog order issued.

0

10

20

30

40

50

60

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 2017/2018

Sec 6.26

121ZP

735A

Sec 10.7

Total certificates 2017

0

2

4

6

8

10

12

14

16

18

Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

be

r

Oct

ob

er

No

vem

be

r

De

cem

ber

Nu

mb

er

of

An

imal

s

Month

Number of Cats and Dogs impounded 2018/2019

2018 Carried Over

2018 Dogs

2018 Cats

2017 Cats & Dogs total


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MISCELLANEOUS MATTERS Various inspections, including building inspections, health inspections, environmental inspections and complaints were conducted during November 2018.

TYPE OF INSPECTIONS November 2018

Building Inspections 41

Food Inspections 0

Environmental Inspections (Air, Noise and Water Pollution) 0

Subdivisions Certificate Inspections 1

Complaints (Including Animal Control) 4

Building Maintenance Inspections 5

Notes:


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14.03 MONTHLY ACTIVITY REPORT – TECHNICAL SERVICES

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Technical Services Director

Summary This report provides a summary of the completed works for November 2018 and proposed works in the Technical Services area for the month of December 2018.

Recommendation: That report item 14.03 be received as information.

Comment 1. UPCOMING/PLANNED WORKS The following investigation and works will commence during the month of December 2018: Meadow Road Project – The Fixing Country Roads sponsored project is expected to commence during Late January early February subject to approvals being place to allow commencement. In particular the development approval to proceed with operations in the Blenheim gravel pit. Edith Road – The 2018 ‘Repair Program’ is expected to commence on Edith Road during February, resourcing this project will work in conjunction with the Meadows Road works. Extra external resources may be required in particular extra trucks to haul materials. Investigation and design of drainage in Balfour St, Oberon Further investigation for design of a new underground drainage stormwater line is presently delayed due to other commitments however it is anticipated that this work will be now undertaken in the New Year. Survey investigation and design is in progress, excavation to ascertain invert levels for the new stormwater line are critical to the design to improve the localised flooding in Balfour St, Oberon. RFS Mayfield Fire Shed - Construction of the new fire shed is expected to commence from Monday 10 December, the concrete foundations have been poured allowing the shed framing to commence with the building to be at lock-up stage by the Friday 21 December. Preparation works for the installation of playground equipment in Herb David Park Herb David Park Play equipment installation has been delayed subject to a further report to the December Council meeting. Demolition works have been completed to Herb David Park in preparation to receiving the new play equipment, however a determination is required regarding the installation of a rubber softfall base which was not originally accounted for in the 2018/2019 TI budget allocation, thus requiring a Council determination for additional funding. 2. ACTIONING COUNCIL DECISIONS The actions resulting from previous Council Meetings to be undertaken by the Technical Services Director are summarised:

20 February 2018 ORDINARY COUNCIL MEETING

15 200218

Dog Rocks Road Compulsory Acquisition

1. Council authorise the compulsory acquisition of the land shown within the attached Deposited Plan (DP 1235365) Lot 101 1.055Ha to be purchased and consolidate into the existing Dog Rocks Road


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of Forestry Corporation NSW Land

as additional Road Reserve. 2. Council authorise an application to be made to the Minister for the

Compulsory Acquisition of the land. 3. Council agree to the terms and conditions of the ‘Memorandum of

Understanding’ between the Forestry Corporation of New South Wales and Oberon Council dated 23 December 2016.

4. That the General Manager be duly authorised to execute legal documents on Councils behalf for the purchase and transfer of this compulsory land acquisition.

5. Oberon Council pay Forestry Corporation NSW the amount of $2,900.00 for the transfer of land to Oberon Council, in accordance with the licenced valuation completed by Opteon 22 March 2017.

6. That Council puts survey marks on each corner to highlight the concerned area.

Matter ongoing


14 200318

Oberon Rugby Leagues Club Change Room Renovations

That Oberon Council allocate $14,300 toward the upgrades to the change room facilities at the Oberon Rugby Leagues Ground to be funded from a reallocation of the previously allocated Town Improvement Fund lighting project. OTRLC to provide a timeline of proposed works, funding to be carried into 2018/19 financial year.

Matter ongoing


11 150518

Baileys Lane

1. Council accept the offer from the owner of the property to dedicate the already formalised private road existing on Lot 2 which links the northern end of the constructed portion of Baileys Lane to a public road reserve which exists beside the western boundary of Lot 152.

2. Council relinquish its interest of the unformed section of Council Public Road known as Baileys Lane which traverses Lot 152 and agree to transfer the unformed public road to the current property owner for consolidation purposes into Lot 152.

3. All costs associated with the legal formalisation of this request be borne by the applicant.

Matter ongoing

17 July 2018 ORDINARY COUNCIL MEETING

15 170718

Oberon Street Upgrade and Beautification Working Party

1. Council Establish a working party consisting of Councillors and Council Staff, to develop ideas for Oberon Streets and make recommendations to Council in regards to the proposed amenity, improvements to the existing area.

2. Upon investigation a report be submitted to Council outlining costs for improvements recommended for further consideration.

Matter ongoing

11 September 2018 WORKS COMMITTEE MEETING

02 & 03 110918

Campbells River Road Realignment Investigation

That Council continue to develop its funding strategy including a review the current grant application for the Campbell’s River Road project and submit an application to the Fixing Country Roads Program. Council endorse the northern alignment as the preferred option for the purposes of funding applications for the Campbell’s River Road crossing.

Matter ongoing


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04 110918

Herb David Park Playground Upgrade

That Council transfer the original approved $80,000 funding from the 2017/2018 Town Improvement Fund to allow for the playground equipment upgrade work at Herb David Park, Oberon.

Matter closed

07 110918

Carlwood Road Culvert Extension

That ten thousand dollars ($10,000) be provided from Section 94 Rural Roads contributions to extend the existing quad piped storm water culvert and construction of two (2) new concrete insitu poured headwalls on Carlwood Road, near Sydmouth Valley Creek.

Matter closed

11 & 12 110918

Linemarking Policy

That Council introduce a policy when reconstructing roads with a 9 metre bitumen width that the fog lines be marked 8 metres apart. That Council introduce a policy when reconstructing roads to place the fog line within proximity of the edge of the road surface on 8 metre wide bitumen roads.

Matter closed

16 October 2018 ORDINARY COUNCIL MEETING

04 161018

Disabled Parking – Dudley Street

That Council investigate options for a disabled carpark space be designated in Dudley Street adjacent to the existing disabled ramp access and that the footpath alignment/gradient be adjusted to reduce fall and slip hazards and a report be provided to the November Council Meeting. Matter to be reported to December meeting

Matter ongoing

05 161018

Repairs to carpark – rear Oberon RSL Club

That Council undertake in kind work to complete resurfacing of a strip of bitumen seal, patch and pothole repairs to the rear carpark at the Oberon RSL Club to the value of $3800. Completed

Matter closed

08 161018

Project Management – Oberon Sewerage Projects

That Council endorse the WaterOz proposal to continue with the professional project management services of Councils sewerage projects up to 30 September 2019 subject to: a. Confirmation of travel costs $300/hr is charged while the consultant

is travelling (Council believes it should not be). b. A performance review be undertaken at 30 March 2019 and c. The Director of Technical Services implement a performance

system for the period of the contract.

Matter closed

10 161018

Elm Beetle

That Council: 1. Investigate the possibility of using a knapsack device for treatment

of Elm Trees and if found unsuitable that an allocation from the Engineering Equipment Reserve be provided for the purchase of an appropriate device.

2. Use part of the O’Connell Village Improvement budget to purchase chemical required to treat the worst of the 15 mature Elm Beetle trees in O’Connell,

3. More cost effective treatments be investigated 4. Funding to treat the remaining 267 Elm Tree’s be considered as

part of the 2019/20 budget.


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5. A trial of non-chemical methods of eradicating Elm Beetle be carried out.

Completed

Matter closed

11 161018

Wiseman’s Creek Fire Shed Tender

That: Council nominate the Open Tendering method as prescribed in accordance with Clause 166(a) of the Local Government Regulation 2005 for the construction of a new fire shed at Wisemans Creek for the NSW Rural Fire Service T2018/6. Tender package not required

Matter closed.

12 161018

Saving Lives on Country Roads Grant

That Council nominate the Open Tendering method as prescribed in accordance with Clause 166(a) of the Local Government Regulation 2005 for the purchase and installation of new safety barrier at several locations on the Abercrombie Road T2018/5.

Matter ongoing

14 161018

East Oberon Sewerage Inspections

That Council: 1. Receive the Assessment of Public Health & Environmental Impacts

from Current Sewage Disposal Practises at East Oberon Report, and

2. Defer the future direction of the East Oberon reticulated sewerage project pending further clarification around grant funding.

Matter ongoing

15 161018

Council Public Road Closure Changes

1. Introduce the new Road Closure Application fee of $650.75 and Purchase Processing fee of $301.40 as part of it’s 2018/19 Fees & Charges.

2. Place the new Road Closure Application fee of $650.75 and Purchase Processing fee of $301.40 on public exhibition for 28 days.

Matter closed

3. WORKS ON LOCAL ROADS, BRIDGES AND PARKS Maintenance grading during November was carried out on Gingkin Rd, Mt Werong Rd, Mozart Rd, Springmount Rd, Millers Rd and Homeward Bound Ave. Abercrombie Road – Rehabilitation works have been completed and the road is now sealed. Work will now consist of installing the guideposts and linemarking. The new fence alignment has been pegged with fencing arrangements by the adjacent owner. The trees stacked up in the paddock will be burnt and disposed of by arrangement with the adjacent owner. Geotechnical density testing was taken prior to sealing with results yet to be received. Fleming Street – the new kerb & gutter construction works proposed for Fleming Street between Queen & Curtis Street have been delayed till the New Year due to the unavailability of contractors. As soon as contractors can be engaged the work will be programmed early in the New Year. Carlwood Road – Piped Culvert Extension Staff have completed the construction of the pipe culvert. Opportunity was taken whilst working adjacent to the original stone bridge adjacent to the work to rectify the stonework that has dislodged and fallen into the creek. The stonework has been returned to its original configuration.


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Maintenance Grading Maintenance Grading has been carried out on Gingkin Road, Mt Werong Road, Mozart Road, Springmount Road, Millers Road and Homeward Bound Road. The Jet patcher crew has attended to the below roads Duckmaloi Road, O’Connell Road, Mount David Road, Albion Street, Abercrombie Road, Burraga Road, Campbell’s River Road, Lowes Mount Road, Sewell’s Creek Road and Edith Road. The Parks and Gardens crew have pruned tree/mowed at Mowing has been completed in Albion St, Oberon Cemetery, Black Springs Oval, Black Springs verges, Balfour Aged Units, North St verges, Lowes Mt Rd, Oberon Library, Reef Reserve, Rotary Lookout, Robinson Park, Showground and O’Connell Cemetery. Oberon Street gardens have been weeded and trimmed as well as the injection of tree at O’Connell and the Common against the Elm Beetle attack. Abercrombie Road – Road works have now been completed on the 630 metre section of Abercrombie Road adjacent to the property ‘Suntop’. Signage Replacement Signage installation and repairs were carried out on the following roads: Oberon Street, Jenolan Street, Duckmaloi Rd, O’Connell Road, Albion Street, Edith Road, Bastard Point Road, Mayfield Road, and Dillon Street. Black Springs Community Hall – Staff have cleaned up the proposed new car parking area, topsoil recently stripped off and relocated to provide for grass cover across the filled embankment batter along the frontage of the Black Springs Cemetery, Campbell’s River Road. OBERON TOWN WATER & SEWER

Drinking Water Management System (DWMS) updating works is continuing with consultants and NSW Public Health.

Drinking Water Management System (DWMS) workshop review will be held on 18/12/2018 and 19/12/2018, Council staff and Dept. NSW Health Representatives.

OSTP (Oberon Sewerage Treatment Plant) A ‘Process Control’ & Amenities Construction Concept Design workshop occurred on 06/12/2018 and 07/12/2018 and was run by consultants from Hunter H2O as part of the contract requirements for the design process.

4. WORKS FOR ROADS AND MARITIME SERVICES (RMS)

Routine Maintenance Works is continuing on O’Connell Rd and Duckmaloi Rd under RMCC contract

Heavy Patching work on O’Connell Rd and Duckmaloi Rd is 95% finished with approximately 7000m2 of heavy patching works completed, mainly on the reseal segment of O’Connell Rd and Duckmaloi Rd.

Line marking on Heavy Patching Areas will be carried out on 13/12/2018.

Prepare work proposal for Resealing on O’Connell Rd and Duckmaloi Rd 5. WORKS ON TOWN IMPROVEMENTS Preparation works for the installation of playground equipment in Herb David Park Demolition works have been completed to Herb David Park in preparation to receiving the new play equipment. Work has commenced replacing the footpath and associated furniture and will


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continue until that section of the park is completed. Subject to a further report to Council, the new play equipment will not be installed until the New Year. 6. WORKSHOP REPORT The following plant was serviced during the month of November: DATE PLANT DESCRIPTION OF WORK

1/11/2018 # 17 - CAT 259D SKID STEER SERVICE 250 HRS

1/11/2018 # 73 - TOYOTA RAV 4 SERVICE 80000 KMS

1/11/2018 # 63 - TOYOTA FORTUNER SERVICE 100000 KMS

2/11/2018 # 50 - WESTERN STAR TRUCK SERVICE 6250 HRS

5/11/2018 # 88 - HINO CREW CAB 2X4 2 X STEER TYRES

5/11/2018 # 1 - CAT 12M GRADER REPLACE NUTS ON AIR COMP MOUNT

7/11/2018 # 66 - TOYOTA RAV- 4 SERVICE 90000 KMS

7/11/2018 # 41 - FUSO WATER CART 2 X STEER TYRES

7/11/2018 # 58 - WESTERN STAR TRUCK REPLACE FLASHER UNIT

9/11/2018 # 87 - TOYOTA HILUX 2X4 SERVICE 180000 KMS

12/11/2018 # 87 - TOYOTA HILUX 2X4 2 X FRONT TYRES

12/11/2018 # 42 - ISUZU / PAVELINE REPLACE HYD FILTERS

13/11/2018 # 81 - HOLDEN COLORADO SERVICE 160000 KMS

14/11/2018 # 96 - SOLAR TRAFFIC LIGHTS

SERVICE

15/11/2018 # 81 - HOLDEN COLORADO REPLACE BELTS

16/11/2018 # 6 - CAT 938K LOADER 4 X MICHELIN TYRES

16/11/2018 # 6 - CAT 938K LOADER CHECK RIDE CONTROL - WESTRAC

16/11/2018 # 4 - CAT 12M GRADER REPLACE FRONT WIRING HARNESS - WESTRAC

16/11/2018 # 48 - ISUZU 8 TON TIPPER REPLACE FUEL AND EGR FILTERS

20/11/2018 # 7 - CAT D7R DOZER REPLACE BLADE CUTTING EDGES AND CORNER TIPS

20/11/2018 # 28 - TORO 7210 MOWER REPLACE ALT BELT

20/11/2018 # 67 - TOYOTA LANDCRUISER SERVICE 20000 KMS

21/11/2018 # 48 - ISUZU 8 TON TIPPER REPLACE TURBO

22/11/2018 # 7 - CAT D7R DOZER RESEAL BOTTOM RIPPER CYLINDERS

23/11/2018 # 92 - ISUZU TRUCK 2X4 SERVICE 120000 KMS - RESET DPF REGEN - HOWARDS AUTO PORT

26/11/2018 # 1 - CAT 12M GRADER REPLACE CIRCLE DRIVE PINOIN GEAR AND SHAFT

28/11/2018 # 42 - ISUZU / PAVELINE SERVICE 60000 KMS

28/11/2018 # 63 - TOYOTA FORTUNER REPLACE REAR BRAKE PADS

RFS work undertaken during November: DATE BFO VEHICLE DESCRIPTION OF WORK

1/11/2018 BFO 6461 - BURRAGA CAT 7A SERVICE - PINK SLIP

15/11/2018 BFO 8443 - BURRAGE CAT 7B REPLACE FRONT LH CV JOINT BOOT

19/11/2018 BFO 8443 - BURRAGE CAT 7B REPLACE FRONT SHACKEL BUSHES ON FRONT SPRINGS

19/11/2018 BFO 8443 - BURRAGE CAT 7B SERVICE - PINK SLIP


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7. ATTENDING EXTERNAL MEETINGS The Technical Services Director attended the following during November: 08/11/2018 Skype meeting with Pitt Sherry – Bridge Assessment Progress Meeting 12/11/2018 LEMC Meeting 14/11/2018 Skype meeting with Pitt Sherry – Bridge Assessment Progress Meeting 15/11/2018 TALC Meeting 19/11/2018 Meeting with Mayfield Garden representative – Botanic Beautification of Oberon 14/11/2018 Informal Councillor Briefing Session 20/11/2018 Ordinary Council Meeting November 2018

Notes:


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14.04 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES

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

Summary This report provides a summary of work within the Finance and Community Services Department during November 2018, plus planned activities for the upcoming months.


Comment 1. PLANNED ACTIVITIES FOR DECEMBER and JANUARY

WELCOME TO OBERON – This year’s Welcome to Oberon

meet and greet is being held on Thursday 19 December at the Oberon Community Centre from 6.00pm.

If you have moved to Oberon and become a new resident within the last 12 months then you are invited to a Welcome to Oberon Christmas get together. Community members are invited to bring along a new neighbour or someone new to the Oberon community. The purpose of the gathering is for new people to get to know the range of community activities available in the town.

For catering purposes please RVSP to Community Services on 6329 8157 by Friday 7 December 2018.

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

Minute Number Summary/Progress

21 June 2016 ORDINARY COUNCIL MEETING

09 10616 Erect a new free standing sign at the Black Springs Community Hall that also incorporates a noticeboard, in consultation with the Black Springs Progress Association.

Matter to be address as part of Council Signage project


11 201118 Annual Report 2017/18

That Council: 1. Receive the Annual Report for the year ended 30 June 2018 as

information 2. Approve the upload the Annual Report on Oberon Council’s website and 3. Notify the Office of Local Government that the Annual Report is on

Oberon Council’s website and provide a copy of the Annual Report to


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the Minister in accordance with s426(5) of the Local Government Act 1993.

Upload to website and notification to OLG completed on 26 November

12 201118 Drought Communities Program – Extension

That Council approve the progressive submission of prioritised projects for assessment by the Department of Industry, Innovation and Science (the administering entity), until the $1 million has been fully allocated.

a. Drought Relief Event at O’Connell $27,500 b. Kitchen Upgrade at Black Springs Community Hall $44,000 c. Burraga Dam Picnic and Camp Ground Facilities $140,800 d. Primitive Camping Facilities at the Reef $49,500

Further that the remaining priorities be considered at the December Ordinary Meeting with full costings provided.

Four applications submitted and further report to December meeting

19 201118 Policy Review – 2013 Child Protection

That Council approve the Policy 2013 Child Protection.

Uploaded to Council intranet and website, as well as distributed to all staff

36 201118 Rates Write Off – Assessment 12380723

That the matter be deferred pending further information being provided in relation to the matter.

Uploaded to Council intranet and website, as well as distributed to all staff

37 201118 Water Write Off – Assessment 12367778

That Council staff refer Assessment 12367778 to debt recovery to set up a payment plan arrangement for both water and rates.

Ratepayer advised of decision

38 201118 Water Write Off – Assessment 12369845

That Council do not write off water for Assessment 12369485 as the leak was not a Council fault.

Ratepayer advised of decision

With respect to outstanding actions from previous Council Meetings the General Manager will review these with the Mayor and the Directors on at least a monthly basis. If any Councillor requires an update on a specific item they should contact the General Manager or the relevant Director, or submit a Councillor Request Form to the Executive Coordinator. 3. FINANCE We are pleased to advise that Sujeewa Ranawake will be joining the Finance team as the Chief Financial Officer from Monday, 7 January 2019. Sujeewa comes to us from the Queanbeyan-Palerang Council, with over 15 years of Local Government finance experience. 2018/19 Rates Below are the rates and annual charges received for the period July to November 2018.

2017-18

B/Fwd

2018-19

Levy

Total

PayableJul-18 Aug-18 Sep-18 Total % paid Balance

Farmland 148,651 2,038,618 2,187,268 30,627 566,505 226,642 823,773 38% 1,363,495

Residential 180,707 1,645,687 1,826,394 106,595 425,794 151,767 684,156 37% 1,142,238

Rural Res 62,797 871,328 934,125 27,776 245,249 77,761 350,785 38% 583,340

Non Urban 15,191 175,969 191,160 9,663 47,064 11,838 68,566 36% 122,595

Business 20,685 342,989 363,674 17,382 160,244 42,285 219,910 60% 143,764

Mixed Development 0 1,834 1,834 0 194 155 349 19% 1,485

TOTALS 428,031$ 5,076,424$ 5,504,455$ 192,043$ 1,445,050$ 510,447$ 2,147,539$ 2 3,356,916$


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4. INFORMATION TECHNOLOGY IT activity for the months appears to have been dominated by continuing connectivity and reliability issues with Civica, exasperated by poor customer service and the extended times taken to resolve issues. Despite a high level meeting between Council and Civica earlier in the month, the promised improvements have not materialised. Serious consideration is now being given to alternatives. Councils IT Coordinator, AJ Jack, attended the Local Government IT Conference where the speed of change in the IT world was highlighted. There were examples of technologies that went from nothing to 50 millions users in 4 months. This emphasises the need for agility in the IT space as we need to adapt to new technologies quickly. The idea of having a five-year plan is no longer a realistic option. The “Internet of Things” was also a big theme of the conference. Many more devices are now getting ‘smart’ features and being linked online. This includes things such as smart water meters that eliminate the need for meter readers, garbage bins that send a message when they need to be emptied and remote sensors that alert you to flooded roads without needing to send a crew to inspect it. AJ also attended a meeting of the Central West JOC IT Managers group. There was a presentation from an IT security consultant who easily demonstrated how vulnerable Councils can be to cyber attack and the need to protect data from identity thieves. The slow process of replacing aging PC has begun, with the oldest PCs being replaced first. The first five replacements are due in December. 5. OBERON LIBRARY

Month Door Count

Loans New Members

New Items*

Program Interlibrary Loans

July 1,671 1,012 20 67 65 5

August 1,524 1,122 48 163 36 20

September 1,555 1,123 14 167 205 6

October 1,472 1,122 2 204 69 18

November 1,478 1,012 14 135 59 10

*New items include purchases and donations to the library collection SWITCH Conference 2018 Council’s Library Manager, Astrid Kriening, attended the NSW Public Libraries Association’s Annual Conference and AGM. Inspirational speakers presented sessions on the themes of collaboration, innovation and sustainability. Among the presenters were State Librarian, Dr John Vallance, Susan Benton (President and CEO, Urban Libraries Council, Canada), John Robertson (former MP) from Foodbank, Jimmy Harrington who raised $200,000 for Brainchild on his walk around Australia, and Ahn Do, author, actor and comedian. Various library professionals showcased their new libraries and/or some of the outstanding programming they deliver to their communities.


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The Trade Exhibition provided attendees with an opportunity to connect with various library suppliers face-to-face and discuss new and inspirational products. Various MP’s spoke about their parties’ support to the Renew Our Libraries campaign and the AGM on Friday was relatively swift, efficient and without any dramas. Full details available at the Oberon Library. January School Holiday Programs at the Library Summer Reading Club will be here again during the summer school holidays. Participation in the Summer Reading Club is FREE! Children register at the library and log their reading numbers to participate in SRC programs

and activities. The theme for SRC this year is Curious Creatures. The library will host a series of activities around this theme for children and their families to enjoy in their summer break. Summer Reading Club will culminate with a closing event on Thursday 17 January 2019 with a visit from Captain Crackers and his curious sea creatures. The Friends of Oberon Library generously contributed to the Summer Reading Program with a cheque for $260 towards the Aqualife Explorers session.

6. COMMUNITY SERVICES

DIVE IN MOVIE – The Oberon Youth Council are holding a Dive in Movie at the Oberon Pool on Saturday 15 December from 6.00pm. The pool will close to the public at 4pm and reopen at 6pm for the movie event. All proceeds go to the Oberon Youth Council. 7. FUTURE EVENTS OR ACTIVITIES 28 Nov Oberon Youth Council Meeting, Council Office 5.30pm

13 Dec Welcome to Oberon Meet and Greet, Community Centre 6.00pm

Notes:


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14.05 STATEMENT OF INVESTMENTS

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

Summary Reporting the Statement of Investments as at 30 November 2018.


Comment Interest accrued on active investments for the month of November 2018 came to $31,278 with an average interest rate of 2.85% performing above the average 90 day Bank Bill Swap Rate of 1.94%. Year to date interest accrued at the end of November 2018 on active Term Deposits sits at $140,495. Total year to date interest receipted on matured investments is $185,907. This includes quarterly interest receipts for three individual 5 year floating term deposits with CBA which mature in 2021. The Reserve Bank of Australia has left the cash rate unchanged at 1.50% at its meeting on 4 December 2018. The Australian economy is performing well. Business conditions are positive and non- mining business investment is expected to increase. November has seen an increase in the average monthly term deposit interest returns, compared to this time last year. Council has retained a larger than normal cash on hand amount, to cover weekly accounts payable transfers leading up to the Christmas break. This month, Council has taken up a 2.90% interest yield offer for a TD with Bank of US, (now a customer owned bank), previously known as B&E Building Society. Servicing the Tasmanian community for 148 years Bank of US continues to financially perform soundly with strong levels of regulatory capital and liquidity.

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

Oberon Council Annualised Monthly Return vs 90 Day BBSW

18/19 90 Day BBSW

17/18 TD % Monthly Return

18/19 90 Day BBSW

17/18 TD % Monthly Return


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At 30 November 2018 - $14,800,000 was invested as shown in the following statement, with Oberon Council’s total cash at call being $16,432,201.84.

Institution Date of

Investment Interest

rate Date of Maturity Value

Cash at Call

CBA Business Online Saver 200,055,37

CBA Business At Call 1,426,459.26

NAB Business Online Saver 5,687.21

Total $1,632,201.84

Active Term Deposits

AMP Bank 14/05/2018 2.75% 14/12/2018 500,000.00

My State Bank Limited 26/06/2018 2.83% 20/12/2018 500,000.00

AMP Bank 25/06/2018 2.85% 18/01/2019 500,000.00

AMP Bank 28/05/2018 2.80% 31/01/2019 1,000,000.00

AMP Bank 31/05/2018 2.80% 14/02/2019 1,000,000.00


Gateway Credit Union Ltd 06/09/2018 2.75% 06/03/2019 500,000.00

Gateway Credit Union Ltd 07/09/2018 2.75% 20/03/2019 500,000.00

AMP Bank Ltd 14/09/2018 2.80% 17/04/2019 500,000.00

Bank of US 29/11/2018 2.90% 08/05/2019 500,000.00

Bank of Queensland 30/08/2018 2.75% 29/05/2019 500,000.00

Bank of Queensland Ltd 05/09/2018 2.75% 05/06/2019 500,000.00

Bank Australia 14/06/2018 2.85% 14/06/2019 1,000,000.00


Family First CU 07/08/2018 2.90% 07/08/2019 500,000.00

ME Bank 08/08/2018 2.80% 08/08/2019 500,000.00

Family First CU 29/08/2018 2.85% 30/08/2019 500,000.00


AMP Bank 31/08/2018 2.85% 09/09/2019 500,000.00


ING Bank 01/12/2017 2.90% 02/12/2019 500,000.00

Bank of Queensland 26/07/2018 3.00% 22/07/2020 1,000,000.00

Commonwealth Bank (5yr TD) 30/06/2016 2.79% 30/06/2021 500,000.00



Total $14,800,000.00

Total Cash at Call $16,432,201,84


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Investments matured during November 2018 include:

Institution Date invested Rate

Maturity date Amount

Interest earned

AMP Bank Ltd 21/02/2018 2.65% 21/11/2018 500,000.00 9,910.27

Family First CU 22/11/2017 2.75% 22/11/2018 500,000.00 13,750.00

ME Bank 30/11/2017 2.60% 30/11/2018 500,000.00 13,000.00

Total Interest earned $13,660.27

New term deposits placed in November 2018 include:

Institution Date of

Investment Interest

rate Date of Maturity Value

Bank of US 29/11/2018 2.90% 08/05/2019 500,000.00

My State Bank Limited 29/11/2018 2.80% 09/10/2019 500.000.00

Total $500,000.00

I certify that the investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulations 2005, and Council's Investments Policy. Lynette Safranek Responsible Accounting Officer

Notes:


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14.06 GRANTS MONTHLY UPDATE

File No: Governance/Grants/ December 2018 Author: Gillian Salmon, Grants Coordinator

Summary This report provides a summary of Grant Funding applications and submissions, both internal and external, during November 2018.


Comment An extremely busy month for grants with a considerable amount of time spent on applications for the proposed Sewerage Treatment Plant and on funding opportunities for road works 1. SUCCESSFUL GRANT APPLICATIONS AND FUNDING NOTIFICATIONS

a) Community Building Partnerships Two community groups were successful with their applications to the NSW Governments Community Building Partnerships Program: - The Black Springs Community Association has been awarded $4,295 to upgrade the

toilet block at the Black Springs Recreational Reserve. This project will replace the toilets and sinks in both the mens and ladies toilet and repaint the outside of the toilet block.

- The Oberon Children’s Centre (OCC) has been awarded $5,100 to install solar panels on the roof of the preschool building. This project will assist the OCC to reduce their electricity costs.

b) Stronger Country Communities Fund Round 2

Member for Bathurst, Paul Toole, has officially announced three projects that were successful under Round 2 of the Stronger Country Communities Fund. Those projects are the Oberon Fitness Centre $500,000; the Oberon Pool Upgrade Stage 2 $150,000; and the Oberon Place Branding and Town Signage Project $210,000.

c) Seniors Festival 2019

Unfortunately, Council’s application to the NSW Government’s Seniors Festival 2019 Grant for $1,740 for the Oberon Seniors Out and About Event was unsuccessful. The NSW Seniors Festival Grants program is highly competitive. Of the 336 grant applications received this year only 120 projects will be funded in 2019.

Oberon Council will continue to provide a week of activities, including a bus trip to Mayfield Garden with lunch and a stroll through the newly opened accessible Camelia Walk.


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2. GRANT APPLICATIONS SUBMITTED a) Drought Community Programme (DCP) Projects

At the November 2018 Council Meeting Council prioritised four projects for funding under Council’s $1 million allocation from the Drought Community Programme. At the time of writing this report, applications have been submitted to the DPC for the following projects:

i) Drought Relief Events - O’Connell for the Fish River Music Festival, Fish River

Festival Bush Dance, and the Wheel and Heel Family Fun Bike Ride and Run. Total funding application $27,500

ii) Primitive Camping Facilities at Reef Reserve Oberon. The scope of this project is

limited to upgrading 800m of the top section of internal gravel road in the Reef Reserve, replacing 200m section of boundary fencing, cut and levelling 20 campsites, constructing four fire pits and installing remote supervision safety signage. Total funding application $47,960.

iii) Burraga Dam Camping and Picnic Ground Upgrade. This project will upgrade the

gravel road into the Burraga Dam. Install 2 picnic shelters and picnic settings, install 2 fire pits, construct a single accessible toilet and install a solar powered security camera. Total funding application $181,940

A decision from the Drought Communities Program administrators is expected shortly and will inform Council about the level of detail required for the remaining applications. The total funding applied for by Oberon Council to date is $257,400, with a funding allocation remaining of $742,600.

The following table summarises the status of External Grant Applications External Grants

Submitted Details/Description of Project Grant Program Grant Amount

Status

15 Jun 2018 Black Springs Toilet Block Upgrade

Community Building Partnerships

$4,295 Successful

15 Jun 2018 Solar Panels for Oberon Children’s Centre

Community Building Partnerships

$5,100 Successful

22 Aug 2018 Automatic Front Door and Stainless steel benches for Oberon Golf Club

Veolia Mulwaree Trust $13,266 Pending

22 Aug 2018 Digital Projector and Motorised Screen for Oberon U3A

Veolia Mulwaree Trust $2,000 Successful

18 Oct 2018 Oberon Golf Club -Irrigation, amenities for machinery shed and solar panels

ClubGrants Cat 3 $108,555 Pending

18 Oct 2018 Charles Throsby Memorial Black Springs

Stronger Communities Programme

$12,647 Pending


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The following table summarises the status of Internal Grant Application Internal Grants

Submitted Details/Description of Project Grant Program Grant Amount

Status

14 Aug 2017 Safety Infrastructure Abercrombie Rd

Safer Roads Programme

$300,000 Successful under the Saving Lives on Country Roads Program

30 Oct 2017 Upgrade to Oberon STP and East Oberon Sewerage Project

Safe and Secure Water EOI

$2,475,000 Invitation to proceed to full application

24 April 2018 Conserving O’Connell’s Earth Building Heritage

Heritage Near Me $100,000 Successful

30 April 2018 Indoor Fitness Centre Stronger Country Communities Fund R2

$500,000 Successful

30 April 2018 Oberon Pool Complex Stage 2 Stronger Country Communities Fund R2

$150,000 Successful

30 April 2018 Black Springs Tennis Court Resurfacing

Stronger Country Communities Fund R2

$59,569 Pending

30 April 2018 Burraga and Black Springs Playground Softfall


$70,000 Pending

30 April 2018 Town Signage Stronger Country Communities Fund R2

$210,000 Successful

30 April 2018 Junior Rugby Leagues Electronic Scoreboard


$96,161 Pending

30 April 2018 Falls Hill Look Out Upgrade Stronger Country Communities Fund R2

$55,646 Pending

30 April 2018 St Aidans Village Church Upgrade


$72,288 Pending

30 April 2018 RSL Bowling Green Shelter and Amenities


$105,504 Pending

27 June 2018 Bike Week Fun Bike Ride September 2018

NSW Bike Week 2018-RMS

$1,300 Successful

26 July 2018 Tech Savvy For Seniors State Libraries NSW $1,830 Successful

10 Aug 2018 Oberon Seniors Out and About NSW Seniors Festival 2019

$1,740 Unsuccessful

23 Nov 2018 Drought Relief Events – O’Connell

Drought Communities Programme

$27,500 Pending

23 Nov 2018 Primitive Camping Facilities – Reef Reserve

Drought Communities Programme

$47,960 Pending


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3. GRANT APPLICATIONS IN PROGRESS

a) Tablelands Way Major Infrastructure Upgrade Expression of Interest Council continue to work with Lithgow Council and Upper Lachlan Council (ULC) to identify, describe and cost major road infrastructure upgrades across the three Council areas as part of a $20 million upgrade to the Tablelands Way.

b) Fixing Country Roads Open Round Campbell’s River Road While Fixing Country Roads is an open application process with submissions able to be made at any time throughout the year, Transport for NSW has designated closing dates to allow the bundling of applications for assessment and funding. Transport for NSW has advised Council that applications for the current round of Fixing Country Roads 2018 will officially close on 31 December 2018. However, due to the upcoming holiday period, they request any submissions be made by 3pm on Tuesday 18 December, to ensure that we are available to address any submission questions, pre submission. Subject to availability of time to prepare the application a submission for the project to upgrade and realign Campbell’s River Road either side the crossing of the Campbell’s River at Black Springs to the open round of The Fixing Country Road Programme.at an estimated cost $1.6 million will be submitted by 18 December 2018

c) Drought Relief Heavy Vehicle Access Program. Abercrombie Road The purpose of this program is to contribute to the costs of maintenance and minor improvements on council roads and roadsides, where those improvements will contribute to approval of heavy vehicle access in support of the drought relief freight task.

Funding approval will be merit based and limited to maximum of $300,000 per Council for projects that include but are not limited to:

Seals that contribute to minimising log term maintenance costs

Heavy patching

Pavement rehabilitation.

An application is being prepared for heavy patching and reseals work on sections of Abercrombie Road between Oberon and Black Springs which will be submitted to Roads and Maritime Services by the end of December 2018. If successful, work will commence in late January and early February 2019

d) Safe and Secure Water Program (SWWP) - Oberon Sewerage Treatment Plant and

East Oberon Sewerage Extension Project.

Council submitted an Expression of Interest (EOI) in October 2017 for $2,475,000 which was assessed by the SSWP Technical review panel on 8 December 2017. Council was invited to proceed to the next stage of the process to submit a full application including a detailed Business Case which is due by the 12 December 2018.


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4. PROJECT IMPLEMEMNTATION

a) Saving Lives on Country Roads Council was successful in securing $300,000 from the State Government’s Saving Lives on Country Roads Program for safety infrastructure upgrades to Abercrombie Road including the installation of safety rails on high risk curves. Council staff have since received quotes for the installation of ezy rail safety barriers and extruder head terminals which were much higher than the original cost estimate. This means that with current funding safety rails can only be installed at 12 (twelve) individual sites that have a Very High risk rating as identified in the Australian Road Research Board (ARRB) road safety audit that informed the original grant application.

Council has been negotiating a change of scope for the project with Roads and Maritime Services (RMS) who are administering the funding and are seeking an additional $300,000 for installation of safety barriers and tree removal at 9 (nine) sites identified as High Risk in the road safety audit. A variation request to include up to $35,000 of funding for reflective markers and line marking as part of the original funding is being considered by RMS.

Notes:


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14.07 GRANTS UPDATE – SAFE & SECURE WATER – OBERON STP

File No: Governance/Grants/ December 2018 Author: Chris Schumacher, Technical Services Director – Gillian Salmon, Grants Officer

Summary This report provides a summary of grant funding application for the Oberon Sewerage Treatment Plant to be submitted under the Safe and Secure Water Fund.


Comment: FOLLOWING copy of Oberon Sewerage Steering Committee Minutes from 25 October and 22 November 2018. Further to Councils commitment to secure grant funding for the Oberon STP Council has submitted an Expression of Interest (EOI) in October 2017 for $2,475,000 which was assessed by the SSWP Technical review panel on 8 December 2017. Council was invited to proceed to the next stage of the process to submit a full application including a detailed Business Case which was due by the 12 December 2018. Preparation of the Business Case, supporting documents and Cost Benefit Analysis has proven to be lengthy and time consuming task. Council had hoped to submit the full application by the end of November 2018 so that it could be assessed by the SWWP panel on 3 December 2018. However, when Council received the revised cost estimates and preliminary concept plans from consultants Hunter H2O the estimated cost for the design and construct stages of the proposed new Sewerage Treatment Plant were much higher than expected at $14,621,752 as detailed in the following table.

Stage Budget $

(GST exclusive)

Construction Costs 9,384,277

Detailed Design STP 750,742

Project Management External @ 8% 750,742

Project Management Oberon Council @ 5% 577,133

Contractor Profit 656,899

Building Approval 25,000

Commissioning 40,000

Contingencies @ 20 % 2,436,959

Total $14,621,752

Table 1 Oberon STP Cost Estimates November 2018 Based on these costs and growth projections for the project to cater for 2030 loadings of 8,000 EP the Benefit Cost Ratio of the project is 1.24 which is reasonable. Council will recall that on 14 November 2018 an application for $4,510,000 was submitted to Round 3 of the Australian Government’s Building Better Regions Fund based on the following cost estimates which kept the project costs within the original budget amount of $9.9 million.


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This application was based on information available at the time of application that assumed that the East Oberon component was an excluded activity from the project scope.

Stage Budget $

(GST exclusive)

Design and Construct STP 8,120,000

Project Management 200,000

Contingencies @ 10% 832,000

Total $9,152,000

Table 2 Oberon STP Cost Estimates October 2018 Given the significant changes in the cost estimates it is now highly unlikely that the BBRF R3 application will be successful. Following is an explanation of the funding history for the project that has been included in the Business Case for the SSWF application. Funding History Oberon STP Water Security for the Regions Funding In 2016 Oberon Council applied for funding from the Water Security for Regions – Water Backlog program. The NSW Government approved a grant of $4.95 million in March 2017. This was a 50% funding of the estimated project cost at the time. The estimated project cost of $9.9 million included $2 million for providing reticulated sewerage to some 50 unsewered properties in East Oberon, and $990,000 (10%) contingencies. This grant is managed by INSW, and to date Council claimed $131,496 from this grant from a total expenditure of $262,992. Investigation Report In 2017 the investigation report by ARUP estimated the cost of the STP as $6.4 million, including 40% contingencies. The location of the STP was not decided at the time, and the investigation report assumed that the new site would be in a level block of land north of the existing plant. This enabled ARUP to plan on integrating some of the existing structures in the new plant. Concept Design The concept design by Hunter H2O is ongoing. The preliminary estimate from the consultant is that the STP would cost $14.6 million, including 20% contingencies. The key reasons for the increased costs are: The location of the STP. Because of the difficulties acquiring the land north of the STP, and the potential impact on development, Council resolved to locate the new STP within the existing STP site boundaries. This area is steep and its topography does not permit integrating existing assets in the new plant. This is a difficult site which would increase the cost both through challenging design parameters and working methods by the contractor. The high expenditure on infrastructure in Australia in general, and in NSW in particular, appears to have caused a significant increase in the cost of such projects, especially in country areas.


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East Oberon Council consulted home owners in East Oberon, and carried out an audit of the existing on-site sewerage systems. The conclusion was that the homeowners are against sewering East Oberon, and that most OSS systems operate satisfactorily. Council contacted Infrastructure NSW and asked if it was possible to transfer the budget allocation from East Oberon to the STP. If the reply is positive, Council will consider abandoning the East Oberon project. Financial Summary Below is a summary of the cost, showing the two cases: (i) transferring the East Oberon funding to the STP, and (ii) transfer not permitted by INSW.

Transfer of East Oberon to STP

Transfer not allowed

Estimated STP Cost 14 621 752 14 621 752

Funding by INSW 4,950,000 3,950,000

Remaining to be funded 9,671,752 10,671,752

Notes:

Oberon Sewerage Project Page 1 Minutes of Project Committee Meeting 25 October 2018 WaterOz

Oberon Sewerage Project Committee Meeting Minutes

Confidential

1. MEETING DETAILS Date & Time 25 October 2018, 10.30 am Location Oberon Council Chambers

Purpose Reporting status, address current issues

2. PARTICIPANTS

Name Organisation

Cr Clive McCarthy Cr Andrew McKibbin

Cr Mark Kellam

Cr Kerry Gibbons

Cr Mick McKechnie (Apology)

Oberon Council

Chris Schumacher

Shane Wilson

Sam Golam

Richard Robinson

Oberon Council staff

Gidi Azar WaterOz

Progress Report

2.1 Activities Hunter H2O continue working on the concept design + REF, with anticipation that a

draft document will be available by December 2018.

Site survey has been completed by Voerman & Ratsep Surveying.

Geotechnical investigation is under way. The consultant (Douglas Partners) will be returning to site week commencing 29 October 2018 to complete boreholes that they couldn’t access because of continuing wet weather and access issues with drilling rig. Douglas Partners to prepare the geotechnical report in coming weeks.

2.2 Concept Design Hunter H2O scope includes:

Concept design

REF – Review of Environmental Factors

Specification for D&C contract, including Special Conditions to General Conditions AS4300.

The committee stressed the importance of having tight specifications within tendering documents.


2.3 Financial Report Financial Projects summary to date was tabled. Included as Attachment 1.

Council intends to apply for an additional grant to attract the the balance (50%) of the money (after INSW grant). This application needs to include the concept design, and possibly other material.

Action: Chris to provide list of the information required for the application. Gidi to work with Hunter H2O to ensure that the boxes are ticked and/or identify gaps. Email sent to Councils Grant Officer 25 October 2018, seeking clarification on the grant criteria.

2.4 Program Key milestones of the program are given below.

Concept design + REF: June 18 – Dec 18

D&C tenders: Mar 19 – Jun 19

D&C contract: Jul 19 – Oct 20

Commissioning, testing proving: Oct 20 – Feb 21

Completion: March 21


2.5 Preliminary Layout The proposed layout is shown in Figure 1.

Figure 1: Preliminary Layout


3. GROWTH PROJECTIONS AND DESIGN CAPACITY

3.1 Current Flows Council has inflow data for 4 years. The daily flows are shown in Figure 2.

Figure 2: Daily Inflow Data

The daily flow data include wet weather flow. The estimated AWDF of the various calculations are shown in Table 1. 2016/17 flows are shown because the highest flows were recorded in that year.

Table 1: ADWF Assessment

Basis ADWF kL/d ADWF in 2016/17

Hunter H2O 4 year average 862 982

ARUP 3 year average 986 1160

DoI Water Census + generic estimates 625

Proposed

1000

3.2 Growth A number of growth projections were proposed. Council’s preliminary projections (discussed in OSP meeting in March 2018) were assessed as being too high by DoI Water.


DoI Water proposed annual growth of 1%-2%.

The different growth projections are shown in Figure 3.

Figure 3: Growth Projections

The proposed growth curve is between the other two estimates.

The committee considered that the proposed curve (yellow line) is most appropriate as design parameter for the new STP.

Action: Chris / Gidi to update the technical note on growth projections for consideration by Council.

4. EAST OBERON SEWERAGE The committee recommended that INSW be approached regarding the re-allocation of funding from East Oberon to the STP. Council will not abandon the East Oberon project until a response is received from INSW.

Action: Chris to prepare a report to Council’s Ordinary Meeting, 20 November 2018 recommending to contact INSW, including updated draft letter.

5. PROJECT MANAGEMENT The proposal by WaterOz for continuing the project management services for 12 months was discussed. The committee endorsed Council’s resolution to accept the proposal, with review after six months.

The committee expressed concerns about the cost of travel, and recommended that future meetings where possible be undertaken by teleconference / video link. The Steering

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Committee outlined that this would ease the travel burden for the consultant, whilst saving some expense to Council.

6. NEXT MEETING The next meeting of the steering committee is scheduled for Thursday 22 November 2018 at 10.30 am.

The agenda will include management of the application for additional funding. Gillian Salmon will be invited to attend.

Gidi Azar and Michael Collins (Hunter H2O Project Manager) are invited to attend, possibly by remote conferencing.

Minutes recorded by Gidi Azar, approved by Chris Schumacher.


Attachment 1 – Financial Summary

Oberon Sewerage Project Page 1 Minutes of Project Committee Meeting 22 November2018 WaterOz

Oberon Sewerage Project Committee Meeting Minutes

Confidential

1. MEETING DETAILS Date & Time 22 November2018, 10.30 am Location Oberon Council Office

Purpose Reporting status, discuss grants

2. PARTICIPANTS

Name Organisation

Cr Andrew McKibbin (by phone)

Cr Mark Kellam Oberon Council

Chris Schumacher

Gillian Salmon

Richard Robinson

Shane Wilson

Oberon Council staff

Michael Collins (by phone) Hunter H2O

Gidi Azar (by phone) WaterOz

Apologies Councillors Kerry Gibbons, Mick McKechnie, Clive McCarthy

3. ACTIVITIES Hunter H2O will deliver to Councils Project Manger and Council draft drawings and

specification, and preliminary cost estimates, on Friday 23Nov18. The concept design report (CDR) will follow on Monday 26Nov18.

Design review workshop, HAZOP and CHAIR will be held on 6-7 December2018. Whilst not mandatory, Councillors have been invited to participate in technical workshop around the future process control for the Oberon STP. Invitations sent 22 November to all Steering Committee Members.

4. COST ESTIMATES Michael advised that the ‘indicative’ estimated cost of the STP is in the range of $8-10

million excluding contingencies (extra 10 -20%).

The main reasons for the cost increase are:

(i) High infrastructure spending currently in NSW, driving up the cost of construction, and (ii) the difficult, steep site.

The current budget is: STP: $6M, East Oberon: $2M, contingencies $1 M, total budget for construction of $9M (assuming transfer of East Oberon budget to the STP)

Contingencies on HH2O concept design estimates should be 15-20%.

Oberon Sewerage Project Page 2 Minutes of Project Committee Meeting 22 November2018 WaterOz

5. GRANTS

5.1 Restart NSW This is the original grant, of $4.95M, or 50% of the project budget. It includes $1M for

East Oberon (budget for East Oberon is $2M).

Application was made to INSW during November to re-allocate the budget from East Oberon to the STP. INSW have responded and requested that Council submit the following additional detail:

Details on other grant applications

Updated benefit-cost ratio (BCR) analysis.

Revised cost estimates.

Subsequent to the meeting it was agreed (Chris / Gillian / Gidi) that the BCR for the SSWP (see below) will be used for this application, thus saving time and $ on doing two BCR analyses, using different sets of rules.

Gillian has preliminary data, and will finalise it after receipt of preliminary cost estimates from HH2O. Gillian will submit it on Monday 26 November 2018.

5.2 Safe & Secure Water Program (SSWP) The limit of this grant is 75% of the project value (inclusive of other grants).

The project pre-qualified through an EOI process, and a full application is due now.

Gillian will try and submit by the end of November using the data from HH2O for completing the BCR.

5.3 Grant Envelope The following table shows the worst and base cases. This assumes that the total cost of the project would be $12M (STP ~ $11M).

Cases Detail Grant Amount

Council Funding

Worst case East Oberon’s budget is not transferred to STP.

No grant from SSWP.

$3.95M $8.05M

Best Case East Oberon’s budget is transferred to STP.

Max amount from SSTP ($5.05 M)

$9M $3M

Minutes recorded by Gidi Azar, approved by Chris Schumacher.


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14.08 WATER AND SEWER PLANT REPORT

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Technical Services Director

Summary Providing a summary of Oberon’s reticulated water consumption and sewerage treatment processes for the month of November 2018.


Comment 1. WEEKLY OBERON DAM LEVELS The following is a weekly dam level recording for Oberon Dam predominately for the month of November, results supplied by WaterNSW: 06/12/2018 – 49.8% 26/11/2018 – 49.8% 20/11/2018 – 49.9% 12/11/2018 – 50.6% 05/11/2018 – 51.3%

2. WATER CONSUMPTION kL FROM WATERNSW OBERON DAM 01/11/2018 – 07/11/2018 = 12.5 ML 08/11/2018 – 14/11/2018 = 12.1 ML 15/11/2018 – 21/11/2018 = 12.4 ML 22/11/2018 – 30/11/2018 = 14.9 ML The total consumption of raw water for November 2018 = 51.9 ML

The November 2018 Average Daily Consumption for the Oberon Township was 51.9ML/30 Days =

1.73 ML p/d

Note: The Average Daily Water Consumption during November 2017 was 1.61ML p/d

This represents an increase of 0.12ML p/d compared to same time last year.

3. REPORTS OF WATER ISSUES There were no reports of dirty water, supply issues, water odour or taste issues logged in Council’s complaints system during November 2018.


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4. SEWER PLANT – WEEKLY PLANT kL INTAKE FOR TREATMENT OF WASTE WATER 01/11/2018 – 07/11/2018 = 5765 kl 08/11/2018 – 14/11/2018 = 4921 kl 15/11/2018 – 21/11/2018 = 6388 kl 22/11/2018 – 30/11/2018 = 10294 kl

Total Waste Water volume into Oberon STP during November 2018 = 27998kL

5. PLANT FAULTS

Water

Network link failed resulting in no SCADA data communication between the WWTP and WTP sites. Investigations found the antenna at the WWTP was faulty so a replacement has since been installed, systems are back online. Minor leaking dosing pump failure on Chlorine dosing tank, installed a new pump. Faulty Actuator on pipework which prevented backwashing of the filter, new actuator installed and operating. Waste Water Still waiting on mixer pump repairs to existing unit currently sent to for overhauled, expected to be onsite within the next week or two

6. PLANT UPGRADES AND PRO-ACTIVE MAINTENANCE

Water Plant:

Preventative maintenance on all pumps.

Online instruments all calibrated.

Waste Water:

Trickling filter arms have been cleaned of rubbish and greased

Preventative maintenance on all pumps around the site

Cleared rubbish from Screen extractor

Removed grit from grit chamber

7. PUMP STATIONS All pumps have been checked. Bounty Street Pump Station had a blocked pump so has been lifted out and cleaned. Investigating costs for new replacement pumps, current pump units are near end of life and cannot cut up the rags sufficiently creation of blockages.

Fish River System Update for 11 December 2018 Customer Forum

1 Rainfall

Rainfall in the catchment areas was approaching the 90th%ile for November. The rainfall

was spread throughout the month.

Data not available for Oberon rain gauge 063063 for July & Aug.

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2. Inflows

Oberon Dam inflow gauging station peaked at approx. 13 ML/d on the 30th of Nov.

The plot for Duckmaloi Weir shows continuous flow over the last two months, with

recorded flow peaking at 95 ML/d on 29 Nov and falling below 10 ML/d on 3 Dec. The

environmental flow requirement is 3 ML/d.

3. Demand

Total system usage has risen to near the Level 1 Restrictions target. This was mainly due

to an increased usage by Energy Australia. Usage has averaged approx. 185 ML per

week for the financial year to date, which is equivalent to approx. annual usage of 9,650

ML.

Demand for 2017/18 was 10,800 ML. This is the highest annual demand since 2006/07.

Note: Full allocation is 286 ML per week.

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The following plots show each major customer’s weekly usage against their individual

Restriction Level usage requirements. Note that LCC and Oberon Council will not need to

modify usage as their current level is well below Level 1 Restriction requirements –

actually, both are below the Level 4 (Oberon Dam at 20%) restriction requirements.

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4. Storage Level in Oberon Dam

On the 3rd of December 2018 Oberon Dam was at 49.8% holding 22,298 ML, a reduction

of 0.9% in 3 weeks. Storage adjusted for banked water was 43.8%.

5. Storage Level Projections

Projections were updated to 30 July 2018. Actual level (adjusted for bank) to 3 Dec has

been shown below against the projections.

Actual demand has been below full allocation and inflows have been slightly above the

90%ile, resulting in the level tracking slightly above the green and blue projections.

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Consumption as per Drought Policy with 90%le Inflows at Oberon usingtotal demand equal to full allocation

Consumption as per Drought Policy with 90%ile Inflows at Oberon usingtotal demand of 8,000 ML per year

Consumption as per Drought Policy and 90%ile Inflows at Oberon andDuck using total demand equal to full allocation

Consumption as per Drought Policy with 50%ile Inflows at Oberon andDuck using total demand equal to full allocation

Recorded level corrected for bank

weekly consumption as per various restrictions

6. Climate Outlook:

BoM prediction for the Oberon catchment (Issued 29 Nov. Next Update due 20 Dec):

Forecast has shifted to likely average rainfall but remains likely hotter than normal.


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15. URGENT BUSINESS

Summary In accordance with Clause 241 of the Local Government (General) Regulations 2005 business may be transacted at a meeting of Council even though due notice of the business has not been given to the Councillors. However, this can happen only if:

a) A motion is passed to have the business transacted at the meeting and b) The business proposed to be brought forward is ruled by the Chairperson to be of great

urgency.

Recommendation: That Council consider the following matters as they are considered to be of an urgent nature requiring immediate consideration by Council

16. CLOSED SESSION / CONFIDENTIAL REPORTS

Summary In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. Set out below is Section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting. The matters and information are the following:

(a) Personnel matters concerning particular individuals (other than Councillors)

(b) The personal hardship of any resident or ratepayer

(c) Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

(d) Commercial information of a confidential nature that would, if disclosed:

(i) Prejudice the commercial position of the person who supplied it, or

(ii) Confer a commercial advantage on a competitor of the Council, or

(iii) Reveal a trade secret

(e) Information that would, if disclosed, prejudice the maintenance of law

(f) Matters affecting the security of the Council, Councillors, Council staff or Council property

(g) Advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege

(h) Information concerning the nature and location of a place or an item of Aboriginal significance on community land.


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16.01 TENDER T2018/7 – GUARD RAIL INSTALLATION ABERCROMBIE ROAD

File No: Corporate Management/Tendering/Roads and Bridges Author: Chris Schumacher, Technical Services Director

This report item contains matters and information which relate to Section 10A (1) – (3) of the Local Government Act 1993. This report item contains matters and information listed in Section 10A (2) of the Act: (c) Information that would if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

16.02 PROPERTY & LAND DEVELOPMENT – LAND PURCHASE – BURRAGA

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


16.03 LEGAL MATTERS

File No: Legal Author: Shane Wilson – Planning & Development Director

This report item contains matters and information which relate to Section 10A (1) – (3) of the Local Government Act 1993. This report item contains matters and information listed in Section 10A (2) of the Act: (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege

16.04 OBERON EVENT OPPORTUNITIES

File No: Governance/Meetings/Confidential Author: Tourism and Economic Development Manager, Mathew Webb



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16.05 RATES WRITE OFF – ASSESSMENT 12380723

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

This item is classified CONFIDENTIAL under section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (b) the personal hardship of any resident or ratepayer.

17. CLOSURE OF MEETING

The Mayor will declare the meeting closed. The next Ordinary Meeting of Oberon Council will be held on: Tuesday 19 February 2019 commencing at 5.30pm in the Oberon Council Chambers 137 – 139 Oberon Street, Oberon.