pom community buildings - orange city council€¦ · council shall facilitate the operation and...

D05/10288

PLAN OF MANAGEMENT FOR COMMUNITY BUILDINGS

CITY OF ORANGE

Orange Band Hall, William Street

Adopted by Council on 15 December 2005 134/509/250/1/1


2 CONTENTS 1 INTRODUCTION ........................................................................................................... 3

1.1 LAND COVERED UNDER THIS PLAN OF MANAGEMENT ............................... 3 1.2 OWNER OF THE LAND....................................................................................... 3 1.3 CATEGORY OF THE LAND................................................................................. 3 1.4 VISION FOR THE LAND...................................................................................... 4

2 MANAGEMENT OF THE LAND .................................................................................... 4 2.1 CORE OBJECTIVES............................................................................................ 4 2.2 ISSUES, PERFORMANCE TARGETS, MEANS OF ACHIEVEMENT OF

OBJECTIVES/PERFORMANCE TARGETS, MANNER OF ASSESSMENT OF PERFORMANCE ................................................................................................. 4 2.2.1 Amenity................................................................................................... 5

Performance Targets.............................................................................. 5 Means of Achievement of Objectives/Performance Targets .................. 5 Manner of Assessment of Performance ................................................. 5

2.2.2 Use ......................................................................................................... 5 Performance Targets.............................................................................. 5 Means of Achievement of Objectives/Performance Targets .................. 6 Manner of Assessment of Performance ................................................. 7

2.2.3 Financial ................................................................................................. 7 Performance Targets.............................................................................. 7 Means of Achievement of Objectives/Performance Targets .................. 7 Manner of Assessment of Performance ................................................. 8

2.2.4 Heritage .................................................................................................. 8 Performance Targets.............................................................................. 8 Means of Achievement of Objectives/Performance Targets .................. 9 Manner of Assessment of Performance ................................................. 9

2.2.5 Maintenance and Development.............................................................. 9 Performance Targets.............................................................................. 9 Means of Achievement of Objectives/Performance Targets .................. 9 Manner of Assessment of Performance ............................................... 10

2.2.6 Safety and Security .............................................................................. 10 Performance Targets............................................................................ 10 Means of Achievement of Objectives/Performance Targets ................ 10 Manner of Assessment of Performance ............................................... 10

2.2.7 Signage ................................................................................................ 11 Performance Targets............................................................................ 11 Means of Achievement of Objectives/Performance Targets ................ 11 Manner of Assessment of Performance ............................................... 11

2.2.8 Traffic, Parking and Access.................................................................. 11 Performance Targets............................................................................ 11 Means of Achievement of Objectives/Performance Targets ................ 12 Manner of Assessment of Performance ............................................... 12

3 LEASES, LICENCES AND OTHER ESTATES ........................................................... 12 4 APPENDIX................................................................................................................... 14


3 1 INTRODUCTION

1.1 LAND COVERED UNDER THIS PLAN OF MANAGEMENT

Section 36 of the Local Government Act 1993 requires that public land in the care and control of Council classified as “Community Land” is to be subject to a Plan of Management. Amendments to the legislation in 1998 incorporated changes contained in the Local Government Amendment (Community Land Management) Act 1998. The Act allows for more than one area of land to be covered by a single plan of management (a generic plan). This plan of management applies to community land developed with buildings such as halls, childcare centres and neighbourhood centres within the City of Orange. Each parcel of land covered by this plan is listed in the attached Appendix 1. Some of these community land areas have previous plans of management prepared for them, which will be superseded following adoption of this Plan.

1.2 OWNER OF THE LAND

The land contained in this plan is owned by Orange City Council or is vested in Council under Clause 6(2) of Schedule 7 of the Local Government Act 1993.

1.3 CATEGORY OF THE LAND

The lands are classified as community land under the Local Government Act 1993. The pieces of land covered by this plan are categorised as “general community use”.

Lucknow Public School


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1.4 VISION FOR THE LAND

The subject lands all support buildings, which vary widely in terms of age, condition, purpose, intensity of use and size. Council aims, through this plan of management, to ensure that these buildings are used by the community to their fullest extent for purposes consistent with their role as community buildings and the particular zone allocated to each of them under the current Local Environmental Plan.

2 MANAGEMENT OF THE LAND

The land is managed according to the objectives and methods set out below.

2.1 CORE OBJECTIVES

The core objectives stipulated under the Local Government Act 1993 for areas categorised as general community use are:

1 To promote, encourage and provide for the use of the land, and to provide

facilities on the land, to meet the current and future needs of the local community and of the wider public:

i in relation to public recreation and the physical, cultural, social and

intellectual welfare or development of individual members of the public; and

ii in relation to purposes for which a lease, licence or estate may be

granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to the public utilities).

Additional objectives that apply to the lands contained within this Plan are:

2 To maximise use of each facility by permitting casual hire for appropriate

use by local groups. Income generated by such hire shall be used for local community purposes (such as maintenance of the facility) should the site be located in a village or small locality; or in the City if the site is located in the urban area of Orange City.

2.2 ISSUES, PERFORMANCE TARGETS, MEANS OF ACHIEVEMENT OF OBJECTIVES/PERFORMANCE TARGETS, MANNER OF ASSESSMENT OF PERFORMANCE

The following issues are identified as relevant to management of the lands included in this Plan of Management. To ensure that the core objectives are met, appropriate targets are identified for each issue and suitable actions for achieving these targets are listed.


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2.2.1 Amenity Performance Targets Use and development of community buildings is managed such that neighbourhood amenity is not detrimentally affected. Means of Achievement of Objectives/Performance Targets General advice may be provided at the main entry points to the subject sites, in the form of Notices erected in accordance with section 632 of the Local Government Act 1993. Such Notices may include either information as to the activities which are prohibited or directional information. Often, certain activities are prohibited because of the potential for neighbourhood conflict in terms of amenity or public safety. Proposed external alterations will be planned taking into consideration streetscape amenity and neighbourhood character. Where sites adjoin residentially-used land, leases, etc shall limit hours of operation such that noise nuisance does not affect amenity. Manner of Assessment of Performance Reduced incident reporting on Council’s Customer Action Request System.

2.2.2 Use

Performance Targets Encourage and promote the use of the land and provide facilities where identified as required. Ensure the continual operation of Yarrawong Child Care Centre and Courallie Child Care Centre and Car Park that meets identified community needs and appropriate standards. Development and use of each site has been shaped by a history of use approved under the requirements of the times. Some leases, licences, etc may be functioning from a time when different restrictions or guidelines were in force and this is acceptable whilst the lease, etc remains current. However, any new agreements reached in relation to the subject lands will be required to be in accordance with the objectives of this Plan, the provisions of the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993.


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Courallie Child Care Centre

Means of Achievement of Objectives/Performance Targets The community land (including any buildings thereon) contained in this plan may be used for a variety of purposes in accordance with the land use provisions contained in Council’s current Local Environmental Plan (Orange LEP 2000). In assessing any proposed uses for the subject lands, Council must consider whether the community benefit of Council’s resources or assets will be maximised. Such uses may also include temporary uses (Clause 9 of LEP 2000) for the purpose of one-off commercial events (whether or not for charitable purposes), which is subject to the consent of Council. The following activities may be considered suitable for the sites included in this Plan, subject to the zoning of the land and individual assessment: Access Advertisements associated with the use of the land Amenities (toilets, change rooms, kiosk/canteen) Business premises Car parking Childcare centre Communication facility Community facility Educational establishments Industry Landscaping Lighting Outbuildings

Place of worship Public building Recreation facility Recreation area (playgrounds etc) Restaurant (coffee shop, refreshment room etc) Registered club Roads Shop Utility installation Utility undertaking Warehouse

(The definitions of many of the above uses are contained in Orange LEP 2000.) Community land may be used for creation of public roads under section 47F(2) of the Local Government Act 1993. This clause allows for a public road to be dedicated subject to restrictions under section 10 of the Roads Act 1993, namely for road widening works and other minor works authorised by a plan of management. The property at 144 March Street listed in the attached appendix is currently classified community land. However, adjoining buildings are also owned by


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Council and are classified as “operational”. It would be appropriate that this site be reclassified “operational“, to bring it into conformity with surrounding sites and to allow projected future development of the area at large. The Girl Guide Hall in Peisley Street is currently classified as community land, however the duration of the lease is 99 years. At the time the lease was entered into, such a term was permissible. However, changes to the legislation have since occurred that prohibit a lease being granted for community land for a period longer than 21 years. It is considered that, in view of the legislative changes and the duration of the lease, it would be appropriate for Council to reclassify the land as “operational”. The lease would continue to apply to the site. Manage the development and use of the land comprising the Courallie Child Care Centre such that its combined use for parkland and child care centre is balanced. Upgrade the Wentworth Mine and Miners Cottage at Lucknow in accordance with the approved conservation plan and interpretive plan.

Manner of Assessment of Performance Review use of the sites prior to commencement of new lease agreements to ensure that the highest and best use is achieved. That procedures be instigated to change the classification of 144 March Street and the Girl Guide Hall in Peisley Street from “community” to “operational”. Use of the Wentworth Mine and Miner’s Cottage for the education and enjoyment of the general community.

2.2.3 Financial

Performance Targets Continuous and effective use for the benefit of the community. Any lease, licence or other estate entered into by Council shall be in accordance with the objectives contained within this Plan.

Means of Achievement of Objectives/Performance Targets Council shall facilitate the operation and development of community buildings the subject of this plan to achieve the best possible outcome (financial and social) for Council as representative of the general community of Orange City, taking into account the conditions of any current lease, licence or other estate. The Lucknow Public School is currently an under-utilised Council building. A strategy shall be developed for this site that shall include promotion to the general community, in particular the community of Lucknow and surrounds. Funding of community buildings through contributions from user groups is consistent with Council’s user pays approach.


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Works undertaken by Council shall be in accordance with programs identified in Council’s annual management plans. Lessees/licensees shall comply with the terms of their lease or licence. Manner of Assessment of Performance Increased use of Lucknow Public School. Payment of appropriate fees and charges within reasonable time. Nil complaints received by Council relating to use of facilities by lessees. Maintenance and improvements in accordance with identified programs and lease/licence/estate agreements.

2.2.4 Heritage

School of Arts Hall, Lucknow

Performance Targets Maintenance to and improvement of the heritage integrity of the following buildings listed in Orange Heritage Study 1986. • Orange Band Hall • Lucknow School of Arts • Lucknow Public School • Soldiers Memorial Hall • Wentworth Mine


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Planning for maintenance or improvement to a community building will consider whether it is located within a heritage conservation area as defined in Orange LEP 2000. The above buildings are located within a heritage conservation area, in addition to the following: • Miner’s Cottage, Lucknow • Orange Neighbourhood Centre • Senior Citizens Centre Means of Achievement of Objectives/Performance Targets

Where a building is identified as a heritage building in Orange Heritage Study 1986, is within a heritage conservation area (under Orange LEP 2000) or is adjacent to a heritage building, any proposed external alterations or maintenance work will be in keeping with the heritage integrity of the building and heritage streetscape. Appropriate colours, etc shall be ascertained from Council’s qualified planning staff or Council’s heritage consultant. Assess heritage buildings and formulate a repair/maintenance schedule. Funding for building maintenance allocated in Council’s annual management plan following an annual heritage maintenance review of the buildings. Manner of Assessment of Performance Council records showing an improvement in heritage integrity and condition of Council-owned heritage buildings.

2.2.5 Maintenance and Development Performance Targets Activities shall be managed having regard to potential adverse impacts on adjoining residences. Buildings shall be maintained such that use is not compromised. Means of Achievement of Objectives/Performance Targets The buildings shall continue to meet the basic needs of users within the annual budget framework. Regular inspection and maintenance of grounds and facilities are required of individual agreements with lessees/licensees, etc - however, this responsibility can in some cases rest with Council.


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Manner of Assessment of Performance Inspections satisfy the requirements of the Occupational Health and Safety Act 2000.

2.2.6 Safety and Security Performance Targets The buildings and grounds will be maintained and operated such that an adequate level of public safety is achieved. Council acts in accordance with the legal principles of “reasonableness” regarding mitigation of safety risks. To provide safe, high-amenity neighbourhoods. Means of Achievement of Objectives/Performance Targets Safe use of each site through: • adherence to a regular inspection program including condition assessment • prompt response to reporting of identified hazards • provision of adequate warning of potential safety risks on sites Carry out an annual security assessment of each site to ascertain the adequacy of security. Improved security in the form of: • installation of exterior security lighting • provision of alarms, deadlocks, security grills, etc • alteration to landscaping to improve site visibility may be provided if required. Manner of Assessment of Performance Nil injuries from general use of the site. Number of complaints logged on Council’s Customer Action Requests System concerning level of safety/risk is reduced.


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Indoor Tennis Centre

2.2.7 Signage Performance Targets

To protect the sites and buildings from inappropriate usage. To ensure that use of each site does not result in adverse impact on nearby residences.

Means of Achievement of Objectives/Performance Targets Proposed additional or replacement signage on community buildings will be encouraged by Council to be mindful of surrounding amenity and streetscape character. New advertising signage is limited to that provided for under Orange LEP 2000. Public notices may be erected in accordance with section 632 of the Local Government Act 1993. Such notices may inform the general public of appropriate use and behaviour. Advice may also be given as to fines that may be levied as a result of failure to comply with the relevant notices. Manner of Assessment of Performance Reduction in the number of complaints received concerning inappropriate use.

2.2.8 Traffic, Parking and Access

Performance Targets On-site parking and access shall be provided to each site where possible. Parking and access shall be adequately maintained to allow for a normal level of use.


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Means of Achievement of Objectives/Performance Targets At each site, carry out assessments of • adequacy of parking (either as public parking or on-site parking) and • potential for parking. Provide access to each site in accordance with Orange City Development and Subdivision Code. Manner of Assessment of Performance

Nil complaints concerning traffic and parking.

3 LEASES, LICENCES AND OTHER ESTATES

Address Facility Conditions of Use Bathurst Road Totally Tennis Lease duration 20 yrs from 30 Sept

1997 Anson Street Soldiers’ Memorial Hall No lease Newman Street Lucknow Public School Rented by demand Palmer Street Orange Aboriginal Health Service Lease duration 20 yrs 1/6/05 –

31/5/24 Mitchell Highway, Lucknow Lucknow School of Arts Hall Lease 24/12/03 – 23/12/06 77Kite Street Senior Citizens’ Centre Operated by Council 79-81 Kite Street Orange Neighbourhood Centre Operated by Council 3 William Street Band Hall Lease (Orange Theatre Company)

1/7/1996 – 31/6/2011 2-4 Yarrawong Place Yarrawong Child Care Centre Operated by Council 39 Kearneys Drive and Calara Place

Courallie Child Care Centre and Car Park

Operated by Council

Mitchell Highway, Lucknow Miner’s Cottage Currently unused Mitchell Highway Lucknow Wentworth Mine Not leased

Some of the above sites are subject to fixed-term lease agreements that allow for use by a particular organisation or community group, subject to certain conditions (usually relating to use and maintenance of that building and external areas). Section 47 of the Local Government Act 1993 requires that leases, licences or other estates relating to community land may not be longer than 21 years’ duration. Leases intended to be in force for longer than five years are subject to a tendering process under the Act, unless the lease, etc is to be granted to a non-profit organisation. In addition, Council has the option to nominate other leases, etc that will only be entered into after a tender process. All lease arrangements in the City are first approved by Council and are commonly for a five-year duration. In proposing to grant a new lease, etc under section 47 or section 47A of the Act, Council must • give public notice of the proposal • place a notice of the proposal on the land • notify adjoining owners • notify persons in the vicinity if Council believes the land is the “primary focus of the

person’s enjoyment of community land” and


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• consider submissions which may have been made (for a proposed lease of 5-21 years’ duration any submission received shall be referred to the Minister for Local Government).

Leases, etc may be terminated, renewed or new ones may be entered into at times and Council must follow a particular procedure under the Local Government Act 1993 in this regard. The above legal agreements limit the use of the land to certain terms however, from 1 January 1999, these are required to be consistent with the core objectives for the category (in this case general community use) of the land. A lease, etc must be for a purpose specified in s46(1)(b) such as • short-term casual purposes • Council-owned residential housing and underground pipes to same • activities relevant to current and future community needs such as public recreation

and welfare or • public roads Community land may be used for creation of public roads under section 47F of the Local Government Act 1993. This section allows for a public road to be dedicated subject to restrictions under section 10 of the Roads Act 1993, namely for road-widening works and other minor works authorised by a plan of management.


14 4 APPENDIX

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