151117 agenda and business papers 17 november 2015 ... · 15. centroc advisory meeting – 29 oct...

137-139 Oberon Street PO Box 84 Oberon NSW 2787 Telephone: (02) 6329 8100 Fax: (02) 6329 8142 Email: [email protected]

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AGENDA AND BUSINESS PAPERS Oberon Council Ordinary Meeting Tuesday 17 November 2015 Commencing at 5.30pm at the Oberon Council Chambers

Oberon Council - Agenda and Business Papers – Ordinary Meeting – 17 November 2015

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Agenda Items page 1. OPENING OF MEETING ............................................................................................................ 4

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

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

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

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

6. GENERAL AND CIVIC PRESENTATIONS ................................................................................ 6

7. COMMUNITY PRESENTATIONS AND QUESTIONS................................................................ 6

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

9. MAYORAL MINUTE AND REPORT ........................................................................................... 6

09.01 MAYORAL MINUTE AND REPORT .............................................................................. 6

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

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

11.01 LIBRARY ZONE MEETING ........................................................................................... 9 11.02 OBERON CORRECTIONAL CENTRE COMMUNITY CONSULTATIVE COMMITTEE10 11.03 OBERON BUSINESS AND TOURISM ASSOCIATION .............................................. 10 11.04 SEGRA – SUSTAINABLE ECONOMIC GROWTH FOR REGIONAL AUST. .............. 11 11.05 CENTROC ADVOCACY MEETING ............................................................................ 12 11.06 UPPER MACQUARIE COUNTY COUNCIL MEETING ............................................... 13

12. COMMITTEE REPORTS .......................................................................................................... 14

12.01 SENIORS WELFARE COMMITTEE ........................................................................... 14 12.02 COMMUNITY SERVICES COMMITTEE ..................................................................... 17

13. REPORTS FOR DECISION ..................................................................................................... 20

13.01 DEVELOPMENT APPLICATION 10.2015.72.1 – DESIGNATED DEVELOPMENT –

TEMPORARY ASPHALT BATCHING PLANT ............................................................ 20 13.02 DEVELOPMENT APPLICATION 10.2015.40.1 ........................................................... 32 RECREATIONAL MOTORCROSS FACILITY ............................................................. 32 13.03 DEVELOPMENT APPLICATION 10.2015.79.1 – DOUBLE GARAGE ........................ 53 13.04 DEVELOPMENT APPLICATION 10.2015.82.1 – ALTERATIONS TO DWELLING ..... 58 13.05 QUARTERLY BUDGET REVIEW STATEMENTS – 30 SEPTEMBER 2015 ............... 63 13.06 ABERCROMBIE ROAD – FORMAL PUBLIC ROAD GAZETTAL – BELL ................. 73 13.07 ROADS TO RECOVERY PROGRAM 2015/2016 ....................................................... 75 13.08 MAYFIELD FIRE SHED – LAND ACQUISITION ........................................................ 80 3 SIMMONS ROAD, WISEMANS CREEK .................................................................. 80 13.09 TOURIST SIGNAGE REQUEST ................................................................................. 81 13.10 WATER TREATMENT PLANT & WATER PLANT LANE ............................................ 85

13.11 FIT FOR THE FUTURE - LATE REPORT

14. REPORTS FOR INFORMATION .............................................................................................. 88

14.01 MONTHLY ACTIVITY REPORT – ACTING GENERAL MANAGER ............................ 88 14.02 MONTHLY ACTIVITY REPORT – PLANNING AND DEVELOPMENT ....................... 93 14.03 MONTHLY ACTIVITY REPORT - WORKS AND ENGINEERING ............................... 98 14.04 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES ............... 102 14.05 STATEMENT OF INVESTMENTS ............................................................................ 121


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14.07 ESSENTIAL ENERGY REGIONAL RESTRUCTURE ............................................... 125 14.08 CAPITAL CONSTRUCTION PROGRAM UPDATE 2015-2016 ................................. 128

15. URGENT BUSINESS ............................................................................................................. 129

16. CLOSED SESSION / CONFIDENTIAL REPORTS ................................................................ 129

16.01 TITANIA RD. ACCESS – 20 TITANIA ROAD – FALSON ACCESS ........................... 129 16.01 CITIZEN OF THE YEAR AWARDS ........................................................................... 130

17. CLOSURE OF MEETING ....................................................................................................... 130


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1. OPENING OF MEETING The Mayor will welcomed members and declared 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 Ian Doney Clr Jill Evans Clr Neil Francis Clr Sam Lord Clr Clive McCarthy Clr John Morgan

Staff Gary Wallace, Acting General Manager

Jaclyn Burns, Acting Planning and Development Director Chris Schumacher, Works and Engineering Director Lynette Safranek, Finance and Community Services Director

Sharon Swannell, Executive Coordinator Apologies Nil


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5. DECLARATIONS OF INTEREST File No: Governance/Councillors/Declarations of Interest

A GUIDE TO ETHICAL DECISION-MAKING

(Provided by the Independent Commission Against Corruption) Is the decision or conduct legal? Is it consistent with Government policy, Council’s objectives and code of conduct? What will the outcome be for you, your colleagues, the Council, anyone else? Does it raise a conflict of interest? Do you stand to gain personally at public expense? Can the decision be justified in terms of public interest? Would it withstand public scrutiny? A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary – regulated by the Local Government Act and Department of Local Government Non-pecuniary – regulated by codes of conduct and policy. ICAC, Ombudsman, Department of

Local Government (advice only) The test for conflict of interest: Is it likely I could be influenced by personal interest in carrying out my public duty? Would a fair and reasonable person believe I could be so influenced? Conflict of interest is closely tied to the layperson’s definition of “corruption” – using public

office for private gain Important to consider public perceptions of whether you have a conflict of interest Identifying problems 1st Do I have private interests affected by a matter I am officially involved in? 2nd Is my official role one of influence or perceived influence over the matter? 3rd Do my private interests conflict with my official role? Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned. When making a Declaration of Interest the reason for making the declaration should be clearly stated. Pecuniary and Non-Pecuniary Significant Interests should be managed by leaving the room while the matter is considered. Pecuniary -

Non-Pecuniary Significant

-

Non-Pecuniary Less than Significant

-


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6. GENERAL AND CIVIC PRESENTATIONS Clare Wagner, Partner Audit & Assurance, from Crowe Horwath Auswild will present the Auditors Report on the Conduct of the Audit of the 2014/15 Financial Statements.

7. COMMUNITY PRESENTATIONS AND QUESTIONS None received.

8. CONFIRMATION OF MINUTES ORDINARY MEETING 20 OCTOBER 2015 ATTACHED is the Minutes of the Ordinary Council Meeting held on 20 October 2015 Recommendation: That the Minutes of the Ordinary Meeting held on 20 October 2015 be confirmed. Matters Arising from the Minutes Nil FINANCE COMMITTEE MEETING 10 NOVEMBER 2015 ATTACHED is the Minutes of the Finance Committee Meeting held on 10 November 2015 Recommendation: That the Minutes of the Finance Committee Meeting held on 10 November 2015 be confirmed. Matters Arising from the Minutes Nil

9. MAYORAL MINUTE AND REPORT 09.01 MAYORAL MINUTE AND REPORT

File No: Governance/Meetings/Ordinary Author: Clr Kathy Sajowitz, Mayor Summary This report summarises the main activity for the Mayor since the October Council Meeting. Recommendation: That Report Item 09.01 is received as information.


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Comment A. Meetings 1. Elaine Boxer and Tina Slattery, Oberon Health Council - 16 Oct 2. Anti-amalgamation Rally, Bathurst – 17 Oct 3. Ordinary Council Meeting – 20 Oct 4. SEGRA Conference (attended by Clr Lord) – 21 Oct 5. Seniors Welfare Committee Meeting – 22 Oct 6. Community Services Committee Meeting – 22 Oct 7. Anne Tucker, Columbia Aged Care – 23 Oct 8. Member for Calare, John Cobb 26 Oct to provide an update on current issues and advised that

the Burraga Polling Booth will remain open 9. Councillor Workshop – IPART Fit for the Future findings – 26 Oct 10. Mayor of Lithgow Maree Statham and General Manager Roger Bailey – 27 Oct 11. Lithgow Community Transport Annual General Meeting – 27 Oct 12. Oberon Anti-amalgamation Committee – 28 Oct 13. Mayor of Bathurst Regional Council Gary Rush and General Manager David Sherley – 28 Oct 14. Oberon Correctional Centre Consultative Committee Meeting – 28 Oct 15. CENTROC Advisory meeting – 29 Oct 16. Zone Library Conference – 29 & 30 Oct 17. Business Case discussion with Nicole Campbell – UTS – 2 Nov 18. Paul and Bonnie Hennessey re Amalgamations – 2 Nov 19. Meeting with Local Government NSW, Sydney – 4 Nov 20. Country Mayors Association Meeting, Sydney – 5 Nov (attended by Deputy Mayor Kerry

Gibbons) 21. Councillor Briefing – presentation for Community Meeting – 5 Nov 22. Phone conference with Member for Bathurst, Paul Toole MP – 9 Nov 23. Community Meeting – Fit for the Future IPART findings – 9 Nov 24. ABC Radio Interview – 10 Nov 25. Finance Committee Meeting – 10 Nov 26. Councillor Informal Briefing Session – 10 Nov 27. OBTA Annual General Meeting – 11 Nov B. Representation 1. Chifley/Lithgow Team Cadet Graduation – 22 Oct 2. Bush Poets Fundraiser – 24 Oct 3. St Joseph’s Catholic School Year 10 Graduation – 5 Nov 4. St Joseph’s Catholic School Annual Presentation Day – 6 Nov 5. Remembrance Day Service – 11 Nov

C. Correspondence 1. Parkes Shire Council – congratulations on re-election as Mayor 2. Environment and Waterways Alliance advising of the launch of their Website and 5 Year Plan

being held on Friday 6 November 3. Mayor of Eceabat Council, Turkey regarding “sister city” and looking forward to an exchange of

views and ideas about projects of mutual interest and benefit – 14 Oct 4. Correspondence outlining the NSW State Priorities 5. Local Government NSW Media Release – Communities now critical to local government – 20

Oct


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6. Essential Energy advising of recent changes to Essential Energy’s regional structure – 22 Oct 7. Follow up invitation to support Asbestos Awareness Month 8. The Hon John Ajaka MLC, Minister for Ageing, Disability Services and Multiculturalism advising

of the launch of the Liveable Communities Grant program 9. Invitation to attend the Lithgow Community Transport Christmas Party being held on 20

November 10. The Hon Paul Toole MP thanking for correspondence expressing views about local government

reform and explaining the NSW Government vision for stronger local communities 11. Department of Primary Industries, Lands advising that the NSW Government has recently

published the Response to Crown Lands Legislation White Paper – Summary of Issues and Government Response which is available at www.crownland.nsw.gov.au

12. Heart Foundation of NSW presenting the 2015 Heart Foundation Local Government Awards booklet, which showcases all the years nation and state winners

13. Invitation to attend a Mayoral Reception to welcome to Bathurst the Multicultural NSW Advisory Board being held on 25 November

14. Invitation to attend the Local Government NSW Christmas Reception 2015 being held on 3 December

15. The Hon Paul Toole MP regarding the Governments Fit for the Future reforms and asking council to consider carefully the interests of its community and the benefits of a larger council.

The following is a list of correspondence that has been received in response to the IPART findings regarding the Fit for the Future process. Janine and Greg Cross Roger and Joan Arrow Lorraine Maloney Ian and Marie Ballard Jim Young Harry Melkonian David McMurray Alan Cole Yvonne Liz Woods Col Roberts Claudia Gilbert Donna Russo

Martyn and Ruth Salmon John and Bridget Cameron Ross and Sarah Smith Mark and Louise Boffa Christopher and Marian Lush Ray and Maureen Sargent Lexa and John Lumtin Charles Lamburn Dr Philip Laird Jennie Parker Mr DM & Mrs MB Killey Robert and Lindi Pritchard Laurie Blake

Wendy and Joe Casey Greg Muir – Borg Panels Mr Laurence Natale Sig Sovik Graham Nock – Maneela Pty Ltd and Dunedin Nominees Ron Wilson – AgriWealth P/L Judy and Bryan Whichelo Keith Sullivan Kay and Harold Lyme Kevin Hillsdon John Baxter Judi and Bryan Whichelo

Mayor Kathy Sajowitz

Notes:


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10. NOTICES OF MOTIONS Nil

11. COUNCILLOR AND DELEGATES REPORTS

11.01 LIBRARY ZONE MEETING

File No: Governance/Meetings/Ordinary/November 2015 Author: Mayor Kathy Sajowitz, Library Delegate Summary Councillor Kathy Sajowitz attended the Central West Zone Library Meeting on 30 November 2015. A summary of the meeting is provided for Council’s information. Recommendation That report item 11.01 is received as information. Comment The conference commenced with a presentation on E-Smart Libraries. This concept is based around cyber safety within the Library system, putting in place strategies to ensure library staff and users are fully aware of the dangers and pitfalls associated with internet use for patrons of the facility encompassing all age groups. The E-Smart Libraries project is sponsored by Telstra and is a free service to all libraries. A kit is available to explain the concept and how to implement the program. The responsibilities of libraries that offered internet access were highlighted. It is an online resource which is loaded with great information. I would hope that Oberon takes advantage of this project. After the presentation the Zone AGM was commenced with the Zone Committee being re-elected into their positions. Much discussion took place on the impact of FFTF and possible amalgamations within the zone. Zone boundaries would be impacted and the need to be prepared was emphasised, the ripple effect of the FFTF recommendations are enormous both logistically and financially. All library representatives updated the meeting on their recent activities and many ideas were shared. It is exciting that the sector is so vibrant and I would like to see our own library service be part of this by sharing ideas and implementing them. Representatives from the State Library were in attendance and local libraries were encouraged to utilise the many programs this entity has in place, including the loan of books and resources on request. Of particular interest to me was the availability of large print books which we could utilise in our relationship with the Aged Care Facility in town.


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11.02 OBERON CORRECTIONAL CENTRE COMMUNITY CONSULTATIVE COMMITTEE MEETING

File No: Governance/Meetings Author: Mayor Kathy Sajowitz Summary Ian Davies, Deputy Mayor Kerry Gibbons, Mayor Kathy Sajowitz, Acting General Manager Gary Wallace, Janet Artery, David McMurray, Les Fraser, Laurie McMahon and Dave Horton attended a meeting of the Oberon Correctional Centre Community Consultative Committee held on 28 October 2015 at Oberon Council. Recommendation That report item 11.02 is received as information. Comment As there had not been a meeting since August 2013 there was no previous business and the meeting centred on re establishing a frame work for future committee meetings.

Updates were given on status of work release program at Borg Manufacturing – now stopped for various reasons.

Benefits both economic and social to the community as a result of having the facility in Oberon were highlighted with approximately $9,500 being funnelled into the Oberon economy per week.

There is no community partnership plan at the moment; however a community sponsor based work program is in place. This entails a community member/group applying to sponsor an inmate and if all security checks are met can offer the inmate work on a community project. Ian Davies indicated interest in this scheme in relation to the OTHR.

A tour of the facility at Shooters Hill will be organised for a future meeting.

Staffing levels have been increased by two people

11.03 OBERON BUSINESS AND TOURISM ASSOCIATION

File No: Economic Development/OBTA Author: Clr Sam Lord Summary General Manager, Alan Cairney and I attended the Oberon Business and Tourism Association Meeting held at the Oberon Golf Club on Wednesday 14 October 2015. Mayor Kathy Sajowitz submitted an apology for the meeting. Recommendation That report item 11.03 is received as information.


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Comment Guest speaker was acting Inspector Lionel White, from Chifley Local Area Command. He was very interested in working with the Oberon community to resolve issues and staffing levels in Oberon. A few points he noted were that it is important to call 000, so that the statistics show that Oberon needs this service. If people don't ring 000 as opposed to calling the station the numbers of calls are not noted in the statistics. Also if you do call and require assistance ask what the response time might be, and if they don't come, call again and enquire what is happening. There will be extra police in Oberon on Friday and Saturday nights. Alan Cairney noted that David McMurray and Lex Azzopardi are working to secure the Peugeot Car Club to visit in April next year. This should be a good boost to businesses in Oberon. Donations of $50 will be given to each local School for their up coming presentation nights. Michael and Branca from Oberon NRMA are again sponsoring the Christmas Lights Competition. This is co-ordinated with Mary David and Brian Griffith to drive the bus around with Santa and music and goodies for the kids. There are $300 in prizes up for grabs. Rainbow and brown trout fingerlings have been released in to the Oberon Dam. Visitor Information Centre Report - There were 1286 visitors for August and September. The daffodil Dawdle was popular. The Cancer Council Tractor Trek had about 60 to 80 extra people in town and was well received in town. The noodling patch is being well utilised and popular with young and old. Up coming events in town - Waste to Art Steel Street displays, Oberon Rodeo, Gairlock Gardens are open, Hampton Bi-annual Markets. In February next year, a national BMX Competition will be held in Bathurst, this should have some over flow and bring some dollars into Oberon. The AGM will be held next meeting on 11 November 2015.

11.04 SEGRA – SUSTAINABLE ECONOMIC GROWTH FOR REGIONAL AUST.

File No: Economic Development Author: Clr Sam Lord Summary The Sustainable Economic Growth for Regional Australia conference was held in Bathurst from 20 – 21 October. Recommendation: That report item 11.04 is received as information. Comment This was a three day conference; I attended on day two only. There were a lot of informative lectures on how regional areas are performing and the achievements they have made, and what they are looking to do in the future. A few of the sessions revolved around finance and economic growth, tourism, environmental issues. It was a good chance to network and see what other rural and regional councils are doing, and to find a way to incorporate them into our plans perhaps.


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Steven Bowman, Manager of Economic Development for Bathurst Regional Council. He spoke on what Bathurst Regional Council is doing, such as business and tourism projects. He noted that they were in the top five for regional growth in NSW. At the moment manufacturing and industry are on the decline, but construction was growing. They focus highly on digital media as the council funds the Bathurst YouTube channel for businesses and events, and engage residents and community groups to contribute. They have a business data base; regular business news letters and their buy local program (note that Oberon had this program long before Bathurst). They sponsor and provide many locations for Expo's which generates financial growth and visitor growth. They have a very active business chamber run by local business owners and they liaise with them to find out what Bathurst needs. They hold business workshops, which are well attended. Collaboration with council and businesses creates an environment that is in tune with local events and promotes Bathurst better. Economic Development is paramount and a strong Business Chamber makes all the difference. Regional Tourism is essential to add to the economy, they have a Destination Management Plan in place, working with the community, businesses and the state government. Debora Howe, Manager of Economic Development for Mackay Regional Council in Queensland. Her views were that economic development was everyone’s business. Mackay has a population of 123,000 and is the fifth busiest council in Queensland. Their key produce is in grain and beef. They have one of the largest coal ports in the world, with a world class marina as well. Mackay Council owns its own sugar mill which is fully functional and operational. The produce they make has won many awards Australia wide. This project creates tourism, employment and education and the economy is boosted with the sales of liquors and jams made on the premises, which they sell from the shop and on line. They created a city task force to re-educate business owners and to re vamp the city centre. They introduced new lighting, new landscaping and fresh look street furniture. When this was completed almost all businesses said they had an increase in sales. What is economic development? It is a sustainable increase in living standards that delivers increased income, better education and health as well as environmental protection. And Mackay Council has worked hard to utilise and promote this. Councils need to create partnerships and alliances with both government and private sectors.

11.05 CENTROC ADVOCACY MEETING

File No: Economic Development/OBTA Author: Mayor Kathy Sajowitz Summary Acting General Manager, Gary Wallace and I attended the CENTROC Advocacy Meeting held at Orange City Council on 29 October 2015. Recommendation That report item 11.05 is received as information.


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Comment The purpose of the meeting centred on whether CENTROC were advocating in the right areas and in the right forum It was decided that the annual Board Meetings held in ACT and Sydney were beneficial when

the cost taken into account. The consensus was that meeting ministers face to face was hugely beneficial and should continue. Some contribution may be required from member councils.

It was decided that occasional “regional round table” discussions with ministers and shadow ministers should be reinitiated as there are huge benefits.

The meeting was happy with the advocacy plans currently in place with increased focus during election cycles.

Some sharing of chair responsibilities as the workload building. It was agreed where a board member has expertise in a particular area they could take on the advocacy.

Much discussion on FFTF and its implications on the CENTROC JO. With boundaries possibly moving the current JO demographic may change and there is a need to be prepared.

There was a unanimous decision that CENTROC should not become involved with DCP’s.

11.06 UPPER MACQUARIE COUNTY COUNCIL MEETING

File No: Environmental Management/Meetings/Upper Macquarie County Council Author: Clr Neil Francis Summary Councillor Neil Francis and Clr John Morgan are delegates to the Upper Macquarie County Council. Recommendation: That delegate report item 11.06 is received as information.

Comment The Upper Macquarie County Council (UMCC) held its last meeting on Friday 6 November 2015. Clr Morgan and I attended the meeting. The Election of the Chairman and Deputy Chairman was the first item of business. Councillor Geoff Braddon was re-elected as Chairman and Councillor Col Hunter was re-elected as Deputy Chairman. Delegates considered 127 property inspections over the four Local Government Areas. 35 property inspections were carried out in the Oberon LGA, with the majority of issues identified being blackberry infestations. It was acknowledged at the meeting that the number of property inspections was down and this is due to three weeks of aerial spraying being carried out during the reporting period. There are three inspectors involved in this program. The Chief Weeds Officer reported that 3,475ha had been sprayed during this period, covering 83 properties. There were 10 properties, covering 190ha aerial sprayed in the Oberon LGA.


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The Upper Macquarie County Council Weeds Inspectors gave a demonstration of the new mapping system being used the officers. The next meeting of the Upper Macquarie County Council will be held on Friday 18 December 2015, commencing at 4.30pm.

12. COMMITTEE REPORTS 12.01 SENIORS WELFARE COMMITTEE

File: Governance/Meetings/Seniors Welfare Committee/ November 2015 Author: Lynette Safranek, Finance & Community Services Director Summary Minutes of the Seniors Welfare Committee Meeting held on 22 October 2015 are submitted for Council’s information and consideration. Recommendation: That the Minutes of the Seniors Welfare Committee held on 22 October 2015 be received as information and that Council support the Welcome to Oberon initiative. Comment FOLLOWING is the Minutes of the Seniors Welfare Committee held on 22 October 2015. Discussions were held on the following matters: Update from Columbia Homes Facility Manager, Christine Monagham

Update from Oberon Rotary Representative – Malcolm Graham on the Leath Johnston bequeath managed by Rotary

Welcome to Oberon initiative.

The next Meeting of the Seniors Welfare Committee is scheduled for 10 December 2015.

Notes:

OBERON COUNCIL – SENIORS WELFARE COMMITTEE Page 1 of 2

Minutes of the Seniors Welfare Committee Meeting held on 22 October 2015

The Meeting was held on 22 June 2015 in Council’s Committee Room. The Meeting commenced at 1.00pm ATTENDANCE Clr John Morgan, Chair Council Member Clr Jill Evans Council Member Clr Kathy Sajowitz Council MemberSue Fisher-Smith Community Representative Christine Monagham Oberon Village Facility Manager Malcolm Graham Oberon Rotary Representative Gary Wallace Acting General Manager

APOLOGIES Mark Boffa Community Representative Belinda Massey Community Representative Lynette Safranek Finance and Community Services Director

1. APOLOGIES – see Attendance and Apologies above 2. DECLARATIONS OF INTEREST - Nil 3. BUSINESS ARISING FROM THE PREVIOUS MINUTES Council has adopted to investigate various uses for the Hathaway Cottage. A new Council administration building was turned down as it was not needed. Council is currently in negotiations to the point where figures will be on paper. The Cottages have been well maintained and looking neat and tidy and the damage has also been completed. 4. GENERAL BUSINESS a. Columbia Homes Update – Christine Monagham, Facility Manager Christine explained that the initial issues with Columbia Homes are misunderstandings of the process of the aged care unit. She said people thought they move into the Oberon Village without any payment. Christine mentioned that it is a complex process and suggested anyone looking to go into aged care must seek an Aged Care Advisor. Most people do not realise the finance required when staying in their own home or moving into an aged care facility as they age. The Oberon Village is trying to attract more registered nurses and enrolled nurses to the facility. They will employ first year post graduates and offer them the appropriate training. The Oberon Village are building good communication with the Oberon Medical Centre with doctors visiting the village one day per week. b. Oberon Rotary Representative – Malcolm Graham Malcolm said although Rotary does not have any definite ideas, the thought at this point was to use the bequeath from Leath Johnston to the benefit of the aged, disabled and disadvantaged members of the Oberon Community. They would like the money to go towards something substantial and significant. If Hathaway Cottages were to be development it could

OBERON COUNCIL – SENIORS WELFARE COMMITTEE Page 2 of 2

Minutes of the Seniors Welfare Committee Meeting held on 22 October 2015

be a good start to build more self care units, which would be useful for disadvantaged elderly people in Oberon. Christine from Columbia home said more self care units would be helpful because there are elderly that aren’t ready for nursing homes after coming out of Hospital. The Committee asks if the Hathaway Cottage was to be sold, would Council put the money aside to the aged people in Oberon. c. Welcome to Oberon Initiative The Welcome to Oberon initiative will be for new resident to Oberon. A neighbour could invite someone they know who is new to the town. They would meet at the Robert Hooper Community Centre for morning or afternoon teas four times a year. Community groups such as the Friends of the Oberon Library, Arts Council and numerous groups in Oberon will be invited to meet and greet the new residents. It is planned that the first be held in December 2015. Recommendation That Council support the Welcome to Oberon initiative. d. Aging Well Strategy It was suggested that Oberon should adopt as it fits very will the Seniors Welfare Committee. The Committee was asked read through the information pack and come back and discuss ideas at the next meeting. 5. NEXT MEETING DATE AND MEETING CLOSE The next meeting will be held on Thursday 10 December commencing at 1.00pm. Meeting closed at 2:00pm


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12.02 COMMUNITY SERVICES COMMITTEE

File: Governance/Ordinary/November 2015 Author: Lynette Safranek, Finance & Community Services Committee Summary Minutes of the Community Services Committee Meeting held on 22 October 2015 is submitted for Council’s information and consideration. Recommendation: That Council:

1. Receive the Minutes of the Community Services Committee held on 22 October 2015 as information

2. Allocate $200 to the first “Welcome to Oberon” function to be held in early December, and

3. Consider replacing the seating at the front of the Library and landscaping the Library entrance. Comment FOLLOWING is the Minutes of the Community Services Committee held on 22 October 2015. Discussions were held on the following matters: Finance & Community Services update included discussion on the Library Assistant

recruitment, OYC Skate Park community engagement; OYC held a successful Disco, and Columbia Home Residents visit to the Library.

Welcome to Oberon initiative for new residents to meet others within the community and get to know the range of community activities available in the town.

Question around maintenance planned for the gardens in front of the Library and Community Centre.

The next Meeting of the Community Services Committee is scheduled on 17 December 2015.

Notes:

OBERON COUNCIL – OBERON COMMUNITY SERVICES COMMITTEE Page 1 of 2

Minutes of the Oberon Community Services Committee Meeting held on 22 October 2015

The Meeting was held on 22 October 2015 in the Council’s Committee Room, 137-139 Oberon St, Oberon. Clr Sajowitz declared the meeting open at 2.05pm. 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. ATTENDANCE Clr Kathy Sajowitz - Chair Council Member Clr Jill Evans Council Member Bev Evans Community Representative Norelle Hiam Community Representative Sue Fisher-Smith Oberon Neighbourhood Centre Representative Robin Toedter Community Representative Kathy Beesley Community Services Coordinator Terry Boyce Community Representative Gary Wallace Acting General Manager APOLOGIES Lynette Safranek Finance and Community Services Director Owen Rogers Community Representative Luke Adamson Community Representative

1. APOLOGIES – see Attendance and Apologies above. 2. DECLARATIONS OF INTEREST – Nil

3. MINUTES OF THE PREVIOUS MEETING HELD ON 7 MAY 2015

4. BUSINESS ARISING FROM LAST MEETING

Meals on Wheels have recruited a Coordinator. Council has been assisting with Meals on Wheels up until the end of the trial period on 31 October 2015. Kathy Sajowitz advised that Columbia is keen to include the Robey Centre in some activities. Norelle stated that there was some opposition to this from MPS administration. Kathy Sajorwitz committed to speaking to Columbia management and find out what the problems are.

5. REPORTS

a. Finance and Community Services Update Council has advertised for a Library Assistant with interviews to be held

Wednesday 28 October.

Columbia Homes residents visited the Library and enjoyed having a cup of tea and borrowing books. A schedule of future visits will be organised to enable a more social interaction for the residents.

On 6 October the Oberon Youth Council held their meeting. TAFE gave the OYC a presentation on Career Options.

Liam McFarlane and Jake Goulding, from the OYC Skate Park Sub-Committee presented at both the Oberon Youth Council and Oberon Council Ordinary meeting. They have four proposed skate park designs and two locations that are going out to the community to vote on at the Tarana Markets on 25 October, at the

OBERON COUNCIL – OBERON COMMUNITY SERVICES COMMITTEE Page 2 of 2

Minutes of the Oberon Community Services Committee Meeting held on 22 October 2015

Oberon Farmers Markets on 7 November, and a community consultation afternoon at the Community Centre on Wednesday 11 November.

The Youth Council disco that was held on 9 October was a huge success and children who attended enjoyed themselves. Bev Evans said “she saw the photos in the paper and the kids looked like that had fun”.

b. Welcome to Oberon Initiative

The Community Services Staff are organising a series of morning/afternoon teas to welcome new residents to Oberon. Community members will be invited to bring along a new neighbour or someone new they know in Oberon, for the purpose of meeting new people and getting to know the range of community activities available in the town. Organisations such as FOOLS, U3A, and the Arts Council can promote themselves with information stands. A trial will be held at the Community Centre before Christmas with financial assistance being sort from Council. Robin Toedtler will speak to Rotary about this event. Sue Fisher-Smith and Terry Boyce have offered their assistance for this event.

Recommendation That Council allocate $200 to the first “Welcome to Oberon” function to be held in early December. 6. General Business

The events calendar will look at commencing next year. John Morgan, Chair of the SWC has suggested a project for OYC in 2016 – the

painting of house numbers on the kerb sides. The concept is good and it was noted that the Oberon Health Council is also considering a similar project, there may be a possibility of working together on this. Oberon Health Council have approached Oberon Council and information will be shared as it becomes available.

Bev Evans enquired if any maintenance was planned for the gardens in front of the

Library and Community Centre. Acting General Manager, Gary Wallace, advised Council was planning to tidy the garden area. Robin mentioned she has been getting a few comments asking what happened to the seating outside the Library and if it will be coming back. Gary Wallace stated that this could be taken into consideration as part of the Library/Community Centre extension.

Gary Wallace informed the Committee that the roof over the pool is complete and

ready for this pool season. He was wondering if the Youth Council would be interested in taking on a project to paint new murals at the pool complex to replace the existing ones. A suggestion was made to contact Harrie Fascher to assist as she is keen to engage youth in art. Kathy Beesley agreed to action this.

Recommendation That Council consider replacing the seating at the front of the Library and consider landscaping the Library entrance. 7. NEXT MEETING DATE AND MEETING CLOSE The next meeting will be on Thursday 10 December at 2.00pm in the Committee Room. The Meeting closed at 3:25pm.


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13. REPORTS FOR DECISION 13.01 DEVELOPMENT APPLICATION 10.2015.72.1 – DESIGNATED DEVELOPMENT

– TEMPORARY ASPHALT BATCHING PLANT

File No: PO 257-60-71 Author: Gary Wallace, Acting General Manager Summary A Designated Development Application for a temporary Asphalt Batching Plant is referred to Council for determination. The proposal seeks to establish the development on land within the existing Industrial Land to accommodate Forty Bends Roads and Maritime Services (RMS) road project. Recommendation: That Council approve Designated Development Application 10.2015.72.1 for a Temporary Asphalt Batching Plant on land described as Lots 181 & 182 DP 120435 being known as 60-71 Hawken Street, Oberon in accordance with the 79C Assessment and conditions contained within this report. Comment: A hard copy of the proposed Environmental Impact Statement (EIS) and plans associated with the development can be provided upon request. PROPOSED DEVELOPMENT On 22 September 2015 Designated Development Application 10.2015.72.1 was received from Umwelt on behalf of Downer Infrastructure, (owned by Mrs Y Hargraves) for a Temporary Asphalt Batching Plant on land described as Lots 181 & 182 DP 120435 being known as 60-71 Hawken Street, Oberon. The mobile asphalt plant will have capacity to produce up to 1000 tonnes per day of asphalt and is expected to produce in the order of 50,000 tpa however may produce up to 70,000 tpa of asphalt which is the capacity of the plant. To meet the demands of the Forty Bends contract and supply the material for road construction, it is envisaged that the plant will at times need to operate 24 hours a day, 7 days per week. The asphalt plant is used for the manufacture of asphalt which is predominantly used for surfacing of roads and trafficable areas. Asphalt requires the combination of a number of raw materials to the production of the asphalt to meet the relevant standards for product. The proposed mobile asphalt plant is designed to be able to be transported from site to site with minimal construction or establishment, with installation of the plant able to be completed typically in less than two weeks. The Ammann ACM140Q (plant) that is proposed to be used at the site has lower energy consumption, reduced air emissions and lower noise emissions compared to other asphalt plants currently operating in Australia. Some key aspects of the plant include:

• low noise and air emissions

• its design meets Australian Standards

• production capacity of 140 tonnes per hour

• minimal waste.


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A summary of the proposed project is outlined by the below table:

Project Component Proposed Project

Project Life

5 years.

Land Description Lots 181 and 182 of DP 1201435.

Production

Up to 1000 tonnes per day, or up to 50,000 tonnes per annum (tpa).

Hours of Operation Up to 24 hours a day, 7 days a week.

Site Access Accessed from Hawken Street on the northern boundary, with site exit from western boundary of the site to Hawken Street.

Transport Materials used in the production of asphalt that will be

transported to the site include:

� Reclaimed Asphalt Product (RAP) from Camellia.

� Bitumen from Port Botany.

� Hydrated lime from Charbon.

� Fine sand from Cowra.

� Aggregate and quarry product from Oberon Quarry.

Asphalt produced on site will be transported to the Forty BendsProject site and other local demand activities as required.

Employment 48 direct and ancillary staff (18 full‐time staff and 30 part‐time).

During the assessment process the proposed development was notified on the 20 October 2015 to the land owners within a 500m radius of the development. As a result of the notification process no submissions were received as part of the exhibition phase. EXISTING CONSENTS THAT RELATE TO THE LAND: The following Development Consents relate to the land: DA 10.2015.53.1 for earthworks and temporary storage of containers. DA 10.2015.53.2 modification to 10.2015.53.1 approved under delegation to allow for the

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


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Commonwealth Legislation Environment Protection and Biodiversity Conservation Act 1999 Under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), approval by the Commonwealth Minister for the Environment is required for any action that may have a significant impact on matters of national environmental significance. These matters are:

World Heritage Properties

National Heritage Places

Wetlands of International Importance

Threatened Species and Ecological Communities

Migratory Species

Commonwealth Marine Areas

Nuclear Actions

A water resource, in relation to coal seam gas development and large coal mining development.

If an ‘activity’ is likely to have a significant impact on a matter of national environmental significance then it may be a ‘controlled action’ and should be referred to the Commonwealth Minister for the Environment for consideration. It is not considered that the Project requires referral to the Commonwealth Minister under the EPBC Act. State Legislation Environmental Planning and Assessment Act The Environmental Planning and Assessment Act 1979 (EP&A Act) is administered by DP&E and local government. It is the primary legislation governing environmental planning and assessment for NSW. The objectives of the EP&A Act relevant to the Project encourage, relevantly:

the proper management, development and conservation of natural and artificial resources

the promotion and co‐ordination of the orderly and economic use and development of land

the protection of the environment

ecologically sustainable development

to provide public involvement and participation in the planning process.

Designated Development Schedule 3 of the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) lists classes of development declared as Designated Development under Section 77A of the EP&A Act and which require approval under Part 4, Section 80 of the EP&A Act. Clause 5 of Schedule 3 of the EP&A Regulation provides that bitumen pre‐mix and hot‐mix industries of a certain type and scale are classified as designated development. The listing in Schedule 3 that applies to the Project is:


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5 Bitumen pre‐mix and hot‐mix industries 1. Bitumen premix or hot‐mix industries (being industries in which crushed or ground rock is

mixed with bituminous materials):

a. that have an intended production capacity of more than 150 tonnes per day or 30,000 tonnes per year, or

b. that are located:

i. within 100 metres of a natural waterbody or wetland, or

ii. within 250 metres of a residential zone or dwelling not associated with the development.

2. This clause does not apply to bitumen plants located on or adjacent to a construction site and exclusively providing material to the development being carried out on that site:

a. for a period of less than 12 months, or

b. for which the environmental impacts were previously assessed in an environmental impact statement prepared for the development.

As the Project relates to a mobile asphalt plant with production of up to 1000 tonnes per day and a capacity to produce up to 70,000 tonnes per year of asphalt, it satisfies the requirements of Clause 5(1)(a) of Schedule 3 of the EP&A Regulation and therefore is classified as designated development. Further as the Project requires approval under Part 4, Division 2 of the EP&A Act, the Minister for Planning would be the prescribed consent authority in respect of the development application. However, as the Capital Investment Value (CIV) for the Project does not exceed the $20 million threshold for general development projects, as prescribed by Schedule 4A(3) of the EP&A Act, Oberon Council is the consent authority. Protection of the Environment Operations Act 1997 The Protection of the Environment Operations Act 1997 (POEO Act) is administered by the NSW Environment Protection Authority (EPA) and requires licences for environmental protection, including waste, air, water and noise pollution control for certain scheduled activities. The Project is not a scheduled activity under the POEO Act and as such will not require an Environment Protection Licence (EPL). State Environmental Planning Policy 33 – Hazardous and Offensive Development Under SEPP 33 – Hazardous and Offensive Development (DoP, 1992) (SEPP 33), a preliminary risk screening of a proposed development is required to determine the need for a Preliminary Hazard Analysis (PHA). The preliminary screening involves identification and assessment of the storage of specific dangerous goods classes that have the potential for significant off‐site effects. If, at the proposed location, and in the presence of controls, the risk level exceeds the acceptable criteria for impacts on the surrounding land use, the development is classified as a ‘hazardous’ and/or ‘offensive’ industry as appropriate and may not be permissible within certain land zones in NSW. A ‘hazardous industry’ under SEPP 33 is one which, when all locational, technical, operational and organisational safeguards are employed continues to pose a significant risk. An ‘offensive industry’ is one which, even when controls are used, has emissions which result in a significant level of offence e.g. odour or noise emissions. A proposal cannot be considered either hazardous or offensive until it is firstly identified as potentially hazardous or potentially offensive and subjected to


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the assessment requirements of SEPP 33. A PHA is required if a proposed development is potentially hazardous. A proposed development may also be potentially hazardous if the number of traffic movements for the transport of hazardous materials exceeds the annual or weekly criteria outlined in Table 2 of Applying SEPP 33 (DoP, 2011). If these thresholds are exceeded a route evaluation study is likely to be required. A preliminary risk screening is undertaken to determine if a PHA is required. The preliminary risk screening compares the Project hazardous material storage quantities that have the potential to create off site impacts as well as transport quantities and frequency with SEPP 33 trigger values. Table 6.23 provides a list of the hazardous materials to be stored at the Project, dangerous goods class of the material, storage quantity and the respective SEPP 33 threshold quantity. Where flammable liquids and combustible liquids are stored in close proximity, the total inventory would be assessed as the most hazardous substance, i.e. the flammable liquid. As the flammable (ethanol, toluene, unleaded petrol) and combustible liquids (diesel) will be separated by an adequate distance (> 7 metres), in accordance with AS1940 – 2004. The storage and handling of flammable and combustible liquids (AS1940), the flammable and combustible liquids may be considered separately. The applicant has demonstrated that none of the hazardous materials to be stored at the Project are above SEPP 33 screening thresholds and therefore a PHA is not required. Local Legislation Oberon Local Environmental Plan 2013 The proposed mobile asphalt plant is located within the Oberon LGA on land to which the Oberon Local Environmental Plan (LEP) 2013 applies. Under the Oberon LEP, the site is zoned as IN1 – General Industry zone The objectives of the zone are as follows: The objectives of the IN1 – General Industry zone include:

to provide a wide range of industrial and warehouse land uses

to encourage employment opportunities

to minimise any adverse effect of industry on other land uses

to support and protect industrial land for industrial uses.

All objectives of the IN1 zone are considered to be relevant to the Project, with the Project being industrial in nature and located within an industrial area. Permissibility Under Oberon LEP 2013 ‘general industry’ means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity. It is considered that the Project satisfies this description. General industrial developments are permissible with consent within this zone. The proposed development is appropriate for the zone and satisfies the objectives of the zone listed in the Land Use Table of the Oberon LEP 2013.


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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.

Conditions of consent will be imposed requiring the provision of electricity supply. POLICY IMPLICATIONS (OTHER THAN DCP’s) - Nil. FINANCIAL IMPLICATIONS (e.g. Section 94) – It is considered that Developer contributions are applicable for the development and will be applicable for the impacted vehicular access of Hawken Street. This will be considered through a monetary (or applicable) contribution for road traversed on Council roads. In this instance the only affected contribution will relate to Hawken Street. LEGAL IMPLICATIONS: Any Environmental Planning Instrument No Regional Environmental Plans are applicable to the proposed development. SEPP’s and LEP have been discussed above. Any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority: There are no draft environmental planning instruments that have been publicly exhibited and applicable to the development site. Any Development Control Plan: Councils DCP 2001 applies to the proposed development. It is considered that given the information supplied and Councils assessment of the development is consistent with the DCP. Any planning agreement that has been entered into under Section 93F, or any draft planning agreement that a developer has offered to enter into under Section 93F? Nil. Any matters prescribed by the regulations that apply to the land: A Development Application has been submitted for the development only. No Construction Certificate has been submitted (nor is required) for the temporary, moveable infrastructure. The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality: Traffic, Access and Car Parking A number of materials will be used in the production of asphalt and will be sourced from various locations that are currently operated by Downer. At maximum production this will include:

Reclaimed Asphalt Product (RAP), to be transported approximately 160 kilometres to site

from Camellia. Approximately 31 tonnes of the recycled RAP will be delivered to site five times per day.


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Bitumen, to be transported approximately 196 kilometres to site from Port Botany. Approximately 24 tonnes of bitumen will be delivered to site two times per day.

Hydrated lime, to be transported approximately 128 kilometres to site from Charbon. Approximately 24 tonnes of hydrated lime will be delivered to site in one delivery per day.

Fine sand, to be transported approximately 153 kilometres from Cowra. Approximately 31 tonnes of fine sand product will be delivered to site twice per day.

Aggregate and quarry products, to be transported from Oberon Quarry. Approximately 31 tonnes of aggregate and quarry product will be delivered to site 21 times per day.

As set out above, at maximum daily production of 1000 tonnes per day there will be approximately 30 to 32 laden truck movements per day delivering raw materials to the site. This equates to approximately three laden trucks per hour over a 10 hour period. Access to the site is from Hawken Street and is available from the northern boundary of the site, while exit from the site is available from the south‐western boundary of the site to Hawken Street. Hawken Street is accessed from Albion Street. Car parking spaces will be provided at the site for four light vehicles including a disabled car park Utilities and Services Reticulated mains are located at the southern boundary of the site. The site office is to be located on the north‐eastern boundary of the site and will be connected to the sewer. Additional water usage to potable water will be restricted to dust suppression only. Electricity supply and distribution points are located at the north‐east of the site and will be used for the mobile plant, lighting and the site office. Workforce There will be a total of 48 direct and ancillary employees required for the Project, with approximately 4 to 5 people on‐site at any time. Approximately 18 full‐time and 30 part‐time people will be employed. Approximately 26 truck drivers will make up the ancillary staff. Hours of Operation In order to meet the requirement for the supply of material for road construction, the site will need to be operated occasionally on a 24 hour 7 days per week basis. Noise Given the unlimited operational hours proposed the applicant has indicated that they will undertake a noise monitoring program within three months of commissioning of the Project comprising of day time operations and if/when undertaken, on commencement of evening and/or night time operations. Subsequent monitoring will be undertaken after the first 12 months of operation and will comprise day time operations and evening or night time operations if they are occurring. Noise monitoring locations will be developed based on suitability and available land access, however, would ideally assess noise impacts at a number of the nearest sensitive receivers (for example Receivers 1, 4 and 6). The monitoring program will include:


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attended noise monitoring to measure ambient noise levels in the surrounding region and determination of the Project’s contribution to measured noise levels

comparison of the attended noise monitoring results with predicted noise levels from the Project noise models under similar meteorological conditions, and relevant consent and EPL noise limits

assessment of performance of noise control measures and recommendations for additional measures if required

assessment of whether further annual noise monitoring is required.

If night time operations occur, the applicant has indicated that they propose to manage operations on‐site and truck movements to and from the site to mitigate noise impacts during adverse meteorological conditions. THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT: The site is considered to be suitable for the development. The development is permissible in the zone and is consistent with the aims and objectives of the I1 General Industrial zone within the current Oberon Local Environmental Plan 2013. There are no human of natural hazards that would consider the proposal to not be considered. As such the application is considered to be suitable for the site. ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE REGULATIONS: The application was advertised in accordance with the requirements of the designated development provisions of the EP&A Act 1979. No submissions have been received as part of the notification period. Further both the EPA and RMS have been notified and asked to comment on the proposal. Given the nature of the application no licences are required and Council is the consent authority. . At the time of writing each authority had yet to provide comment and as such conditions of consent will be imposed requiring the applicant to concur with any recommendations made by each of those authorities. THE PUBLIC INTEREST: The proposal seeks to undertake a three (3) lot subdivision and is considered permissible within the RU1 zone. Apart from those interests mentioned above no other public interest impacts are perceived. DISCUSSION AND CONCLUSIONS: The application is permissible in the zone and is consistent with the aims and objectives of the I1 zone. As such it is considered that the application can be supported in this instance. RECOMMENDED CONDITION OF CONSENT The application is recommended for approval subject to the following conditions: Approved Plans 1. The development is to be carried out in accordance with the approved stamped plans

prepared by Umwelt and submitted with the Designated Development Application dated September 2015 except as otherwise provided by the conditions of this determination.

Note: - modifications to the approved plans will require the lodgement and consideration by Council of a modification pursuant to Section 96 of the Environmental Planning and Assessment Act.


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Reason: - to confirm and clarify the terms of Council’s approval. Separate DA Required 2. Prior to the commencement of the use of the land for each proposed lot, a separate

Development Application containing fully detailed plans and specifications is to be submitted to and approved by Council.

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

Developer Contributions

3. The Applicant will be responsible for the following: i) pay a contribution to Council for the Maintenance/repair/re-construction of Public

Roads. ii) The contribution shall be paid at a rate of $0.10 per tonne or equivalent of material

hauled from the site, travelled on roads for which Council is the responsible roads authority.

iii) The contribution shall be indexed annually to changes in the Consumer Price Index (All Groups).

Reason: - These contributions are charged at the rate when paid, set each year in Council’s Operational Plan in accordance with Council’s Development Contributions Plan and Clause 146 (Environmental Protection and Assessment Act Regulations)

Hours of Work

4. Construction works shall be carried out only between 7.00am and 6.00pm on weekdays and between 8.00 am to 4.00pm Saturdays. No work shall be undertaken on Sundays and Public Holidays.

Reason: - To ensure building works do not cause noise nuisance to surrounding premises after hours and on Sundays and public holidays.

5. Operation hours will be not be restricted.

Reason: - To ensure building works do not cause noise nuisance to surrounding premises after hours and on Sundays and public holidays. Noise

6. The operator undertake a noise monitoring regime in accordance with that outlined within the Environmental Impact Statement submitted in support of the application. Within 3 months of the approval the report will be provided to Council for assessment and approval prior to any further operation continuing.

Reason: - To ensure works do not cause noise nuisance to surrounding premises after hours and on Sundays and public holidays. Sediment Control

7. To contain soil and sediment on the property, controls are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include the installation of a sediment fence with returned ends across the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and free of sediment. Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turfing, paving, revegetation.


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Reason: - To prevent the movement of soil and sediment in accordance with the blue book. Stormwater disposal

8. Stormwater from the development is to be conveyed by approved drains and connected to roof water storage tanks.

Reason: - To ensure compliance with BASIX and that stormwater is disposed of to the satisfaction of Councils Building Surveyor. Site Identification

9. A sign is to be erected in a prominent position at the entrance of the work site, stating that unauthorised access is prohibited, and showing the name and contact phone number of the person or company in charge of construction on the site.

Reason: - To identify the site and builder, and prevent unauthorised access. Copy of Approval on Site

10. A copy of the development consent and approved plans and specifications shall be kept on site at all times.

Reason: - To ensure a copy of the approval is available for builders/tradespersons on site. Retaining walls

11. Retaining walls or other approved methods of preventing movement of the soil must be provided except should they comply with the requirements of SEPP – Exempt & Complying 2008. Adequate provision must also be made for the provision of drainage behind the retaining wall.

Reason: - To retain the soil and prevent it from causing structural damage. Development not to interfere with amenity of the area

12. The development is to be conducted in a manner that will not interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, by causing interference to television or radio reception or otherwise.

Reason: - so that the development does not reduce the amenity of the area Premises to be clean and tidy

13. The premises are to be maintained in a clean and tidy condition at all times. Reason: - so that the development does not reduce the amenity of the area. Sedimentation control

14. The following measures are to be implemented on the site to assist with sedimentation control during the construction phase of the project (Note:- these measures are to maintained for the duration of the construction period):

o A dish shaped diversion drain or similar structure will be constructed above the

proposed building works to divert run-off to a stable discharge area such as dense ground cover. This diversion drain is to be lined with turf or otherwise stabilised.

o A sediment-trapping fence using a geotechnical fabric specifically designed for such purpose and installed to manufacturer’s specifications is to be placed below the construction area.


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o Vegetation and/or existing building structures will be cleared from the construction site only, other areas to remain undisturbed.

o Restricting vehicle access to one designated point and having these driveways adequately covered at al times with blue metal or the like.

Reason: To minimise soil erosion and control sediment leaving the site during construction and to prevent a detrimental impact on the aquatic environment. Stormwater Control

15. Drainage from any part of the site is to be directed into Councils existing stormwater system.

Reason: - so that the development does not reduce the amenity or effect stormwater control in the area.

16. Any detention system on site is to be appropriately controlled and protected to limit access to persons not associated with the site. The detention basin is to be adequately protected and controlled to limit access.

Reason: - so that the development does not reduce the amenity or effect stormwater control in the area. Number of Containers

17. The number of contained permitted on the land associated with development consent 10.2015.53.2 will be removed from the site within 1 month of this consent.

Reason: - so that the development does not reduce the amenity in the area. Government Authorities

18. The development shall be carried out in accordance with all advice received as part of the development process. This is limited to that advice received by the NSW Office of Environment & Heritage (EPA) and the Roads and Maritime Services (RMS).

Reason: - so that the development is effectively carried out in accordance with agency requirements. Submission of construction certificate

19. Site works are not to commence until such time as Council has received a construction certificate for the proposed works unless otherwise demonstrated. Council or an Accredited Certifier may issue construction certificates.

Note: Only the person who appointed the PCA may be the applicant for the Construction Certificate. Reason:-To comply with the requirements of Section 81A of the Environmental Planning and Assessment Act. Separate application required for sewer and stormwater connection.

20. Prior to the installation and connection of drainage lines to the councils sewer and stormwater connection points separate approval for this work shall be obtained from Council.

Reason:-Separate approval is required under Section 68 of the Local Government Act 1993.


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Do not discharge trade waste without approval 21. Trade waste material is not to be discharged into the sewer drainage pipelines or

stormwater drainage systems, without first obtaining written approval from Council (Note:- this may necessitate the installation of an approved trade waste system including approved tanks, pits, sumps and arrestors and lodgement of a trade waste application).

Reason: - to prevent damage to Council’s Wastewater Treatment Works and subsequent pollution of the Fish River and to satisfy Section 79C(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended. Submit a trade waste application

22. Should trade waste be proposed to be discharged into Councils reticulated system the applicant is to submit a trade waste application to the Oberon Council and upon approval enter into a Trade Waste Agreement with the Oberon Council.

Reason:- to prevent damage to Council’s Waste Water Treatment Works and subsequent pollution of the Fish River, to comply with the Local Government (General) Regulation 2005 and to satisfy Section 79C(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended.

Notes:


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13.02 DEVELOPMENT APPLICATION 10.2015.40.1 RECREATIONAL MOTORCROSS FACILITY

File No: PR17 - 2968 Author: Jaclyn Burns, Action Planning and Development Director Summary A development application for a proposed recreational motor cross facility and associated camping ground has been received and is referred to Council for determination in accordance with Part H.3.10 of the Development Control Plan (DCP) 2001. Part H.3.10 of the DCP requires:

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

Recommendation: That Council approve Development Application 10.2015.40.1 for a proposed recreational motor cross facility on Lots 50, 51, 66, 67 and 73 in DP 753027 and lot 4 in DP: 1079460, 2968 Shooters Hill Road, Shooters Hill in accordance with the recommendation outlined in the attached Section 79c Report and the following conditions of consent in accordance with the 79C Assessment and conditions contained within this report. Comment: ATTACHED is a copy of the proposed Statement of Environmental Effects and additional information provided by the applicant in support of the proposed development. PROPOSED DEVELOPMENT AND SITE HISTORY On the 9 May, 2011, at Councils Ordinary Meeting, Development Application 10.2009.225.1 was determined for stage one, being the concept plan approval, for a staged approval, for a tourist development consisting of a recreational motor cross facility and camping ground with 25 conditions of consent. Condition 7 of the development consent mentioned above outlines the proposed stages of the consent, as follows:

Stage 1: Concept approval – development consent to establish the proposed facility;

Subject to Stage 1 - Stage 2: Seek Development and Construction Certificate consent as may be required by stage one consent for:

Land Shaping;

Preliminary earthworks (proposed track layout No.2);

Preliminary drainage and soil erosion control works;

Dynamic Noise evaluation/modelling;

Preliminary buffer plantings (note Condition 8 & 9);

Subject to Stage 2 – Stage 3: seek Development, Construction Certificate and Section 68 Approvals as may be required by stage 1 and Stage 2 consents for:

Access construction (note Condition 24);

Signage

Facility construction;

Refined earthworks and track construction for proposed tack No’s 1 and 3;

Extended drainage and soil erosion control works;


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Extended buffer plantings;

Subject to Stage 3 – Sage 4: Seek Development and Construction Certificate consent as may be required by stage 1 – 3 consents for:

Track Construction for proposed track No’s 1, 3, 4 and beginner; Extended drainage and soil erosion control works; Extended buffer plantings.

On 20 September, 2013, at Councils Ordinary Meeting, Development Application 10.2009.225.2 was determined for Stage two, with 15 additional conditions of consent as a tourist development under the provisions of Oberon local Environmental Plan 1998.

Stage 2: Seek Development and Construction Certificate consent as may be required by stage one consent for:

Land Shaping;

Preliminary earthworks (proposed track layout No.2);

Preliminary drainage and soil erosion control works;

Dynamic Noise evaluation/modelling;

Preliminary buffer plantings;

Development Application 10.2015.40.1 was received on the 10 June, 2015 to enable the applicant to complete all remaining stages.

Stage 3: seek Development, Construction Certificate and Section 68 Approvals as may be required by stage 1 and Stage 2 consents for:


Signage





Stage 4: Seek Development and Construction Certificate consent as may be required by stage 1 – 3 consents for:

Track Construction for proposed track No’s 1, 3, 4 and beginner;


Extended buffer plantings. A copy of the applicant’s Statement of Environment Effects, the details of the buffer plantings, the track design for stages three (3) and Four (4) the associated sedimentation and erosion control details and additional information provided by the applicant are attached as ATTACHMENT 1 for Councils information. The application was neighbour notified on the 20 July, 2015 for a period of 30 working days. Through the submission periods a total of Three (3) submissions were received and are addressed in the Section 79C assessment. A summary of the submissions were provided to the applicant for information and comment on the 17 August, 2015. The applicant responded to the submissions on the 14 October, 2014. As such


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the application is referred to Council for determination in accordance with Part H.3.10 of the Development Control Plan (DCP) 2001. Part H.3.10 of the DCP requires:

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

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

1. State Environmental Planning Policy No 44 – Koala Habitat Protection. 2. State Environmental Planning Policy No 64 – Advertising and Signage. 3. Oberon Local Environmental Plan 2013.

1. State Environmental Planning Policy No 44 – Koala Habitat Protection The proposed development is sited within an area of native timber however no trees are proposed to be removed in association to the proposed development other than those permitted for the purpose of agriculture associated to fencing. In accordance with clause 7 of the SEPP, following the site inspection there was no evidence to suggest that the land is potential koala habitat. Therefore the proposed development complies with the SEPP. 2. State Environmental Planning Policy No 64 – Advertising and Signage The proposed development has been assessed in accordance with the provision of the SEPP as advertising signage. Information for the sign has been submitted in accordance with the requirements of Condition 16 of Development Consent 10.2009.225.1 and will be located within the proponents’ property. 3. Oberon Local Environmental Plan 2013 Zoning: The land is zoned RU1 Primary Production in accordance with Councils current Local Planning Instrument, being Local Environmental Plan (LEP) 2013. PERMISSIBILITY: The Land is Zoned RU1, a dwelling is permissible with Development Consent. The zone table and objectives are as follows: Zone RU1 Primary Production

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

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

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

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

3 Permitted with consent Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building


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

4 Prohibited Any development not specified in item 2 or 3 Under Oberon LEP 2013 a recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major). It is considered that the development satisfies this description. Recreation facility (outdoor) is permissible with consent within this zone. The proposed development is appropriate for the zone and satisfies the objectives of the zone listed in the Land Use Table of the Oberon LEP 2013.

6.3 Riparian land and watercourses (1) The objective of this clause is to protect and maintain the following:

(a) water quality within watercourses, (b) the stability of the bed and banks of watercourses, (c) aquatic and riparian habitats, (d) ecological processes within watercourses and riparian areas.

(2) This clause applies to the following land: (b) land identified as “Watercourse” on the Riparian Lands and Watercourses Map, (c) all land that is within 40 metres of the top of the bank of each watercourse on land

identified as “Watercourse” on that map. (3) Before determining a development application for development on land to which this clause

applies, the consent authority must consider: (a) whether or not the development is likely to have any adverse impact on the following:

(i) the water quality and flows within the watercourse, (ii) aquatic and riparian species, habitats and ecosystems of the watercourse, (iii) the stability of the bed and banks of the watercourse, (iv) the free passage of fish and other aquatic organisms within or along the watercourse, (v) any future rehabilitation of the watercourse and riparian areas, and

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

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

(4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that: (a) the development is designed, sited and will be managed to avoid any significant adverse

environmental impact, or (b) if that impact cannot be reasonably avoided—the development is designed, sited and will

be managed to minimise that impact, or


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

The development site is situated on land fronting Emigrant Creek, however the proposed development is sited at least 100m from the creek as such this provision does not apply. However as the existing track in use crosses Emigrant Creek a condition of consent was imposed as part of development consent 10.2009.225.1 with subsequent approvals being obtained from the Department of Fisheries as part of Stage Two (2) and Development Consent 10.2009.225.2 to undertake works within the creek.

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

(a) the supply of water, (b) the supply of electricity, (c) the disposal and management of sewage, (d) stormwater drainage or on-site conservation, (e) suitable vehicular access.

The proposed development is serviced by electricity, an existing on-site waste water disposal system, onsite stormwater system and a vehicular access. POLICY IMPLICATIONS (OTHER THAN DCP’s) - Nil. FINANCIAL IMPLICATIONS (e.g. Section 94) The proposed development is defined, in accordance with Councils contribution plan, as a

tourist development or commercial development and as such Section 94 contributions are applicable. A Condition (14) has been imposed in Development Consent 10.2009.225.1 and is required to be paid prior to the issue of a Construction Certificate

LEGAL IMPLICATIONS: Any Environmental Planning Instrument No Regional Environmental Plans are applicable to the proposed development. Relevant SEPP’s and the LEP have been discussed above. Any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority: There are no draft environmental planning instruments that have been publicly exhibited and applicable to the development site. Any Development Control Plan: There are no specific requirements for development such as this; however Councils DCP 2001 still applies to the proposal. It is considered that given the information supplied and Councils assessment of the development is consistent with the aims and objectives of the DCP. Any planning agreement that has been entered into under Section 93F, or any draft planning agreement that a developer has offered to enter into under Section 93F? Nil. Any matters prescribed by the regulations that apply to the land: A Development and Construction Certificate Application has been submitted to undertake works associated to Stage 3 and 4. A Construction Certificate is only required for access construction and the construction of the check-in shed, which will be determined separate to this application.


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A separate Section 68 Application for the Primitive Camping Ground has also been submitted for determination in accordance with Condition 13 of Development Consent 10.2009.225.1, which will be determined separately to this Development Application. A Section 96 Modification has been submitted in association to Condition 24 of 10.2009.225.1 for the requirements associated to the gazettal of lot 4 in DP: 1079460 as a public Road and a request to Council to consider a Twelve month “holding period” in relation to the requirement for tarring the main entry road which will be determined separate to this Development Application. The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality: The application is for the completion of Stages 3 and 4 which consists of;

Stage 3:


Signage





Stage 4:

Track Construction for proposed track No’s 1, 3, 4 and beginner;


Extended buffer plantings. The applicant has also provided information associated to the operation of the facility. Accordingly, the impacts of the development relate to construction as well as those impacts associated to the facilities operation. The likely impacts of construction include dust, sedimentation and general construction noise which have been dealt with via proposed conditions of consent. In this regard any likely, perceived or potential social or economic impacts for the locality have been minimised. In respect to impacts associated to the operation of the facility an Operation Management Plan has been provided by the applicant in accordance with Condition 15. The Suitability of the site for the development: The site is considered to be suitable for the development. The development is permissible in the zone and is consistent with the aims and objectives of the RU1 Primary Production within the current Oberon Local Environmental Plan 2013. There are no human of natural hazards that would consider the proposal to not be considered. As such the application is considered to be suitable for the site. Any submissions made in accordance with this Act or the Regulations: Land owners originally notified as part of the concept plan application and also the stage Two (2) development including those land owners not adjoining or adjacent to the development but who made a submission have again been notified. .


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Submission dated:

Issues raised:

20/08/15 Submission 1

Location of the physical access relevant to Lot 4 in DP: 1079460 is not within the road reserve. The submission states that the access road is partially located on private property not associated to the Development proposal.

Staff Comment: the location of the access road over Lot 4 in DP: 1079460 is located partially over the neighbouring allotment without the consent of the relevant land owner. The submission correctly points out that this matter was originally raised as a question from the public at the 9 May, 2011 ordinary Council meeting. This matter is yet to be resolved as it is relevant to Stage three (3). Consultation with Councils Engineering Department confirms this is the case and provision can be made to realign the access to be within lot 4, construction design details are yet to be confirmed with the engineering department and would be subject to Construction Certificate approval.

20/08/15 Submission 2

The applicant has not provided any explanation or reason to Council as to why Stages 3 and 4 of the original consents have been lodged at the same time. The submission states that the applicant should make a separate Development Application once Council is satisfied that the stage three (3) consent has been complied with.

Staff Comment: Stages Three (3) and Four (4) have been submitted together to expedite the construction project. Both stages have been assessed in accordance with the concept approval requirements.

Compliance with Condition 13 requiring separate approval for an on-site waste water system and operation of a primitive camping ground. (This requirement sits part of the Local Government approval required above).

Staff Comment: A separate Section 68 Application has been lodged.

Compliance with Condition 10 relating to compliance with the requirements of the NSW Rural Fire Service in relation to Section 4.1.3 (2) and 4.2.7 of Planning for Bushfire Protection 2006.

Details of the evacuation and emergency management plan has not been provided in accordance with Section 4.2.7 of Planning for Bushfire Protection 2006.

Staff Comment: Further information has been provided by the applicant which satisfies the requirements for Planning for Bushfire Protection 2006 in relation to Section 4.1.3. The additional requirements for the emergency management plan are yet to be provided and still exist as conditions of consent requiring compliance prior to operation. The site plan provided does not indicate any boundary setbacks for the

amenities building or check-in shed. A proper site plan should be provided prior to any approval being sought.

Staff Comment: The site shed is located in accordance with the original site plans associated to the concept plan approval 10.2009.225.1. Council staff have carried out numerous site inspections and are satisfied that the development is located in accordance with the concept plan approval.

Condition 24 requires the provision of a bitumen sealed access completely within and along the full length of Lot 4. This issue is not dealt with by the application.


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Staff Comment: A separate Section 96 Modification has been lodged by the applicant to vary the requirement for the bitumen sealing of the access road or a period of 12 months. This application is yet to be determined. The applicant has not provided to Council details of the precise specifications of

the proposed intersection required to be constructed in accordance with Condition 24.

Staff Comment: The applicant has requested a quote from Oberon Council to complete the intersection construction. Details appropriate for assessment of the current Construction Certificate application are being considered. This does not stop the development assessment process as conditions of consent exist for this requirement.

Amended access and entry design plans are required to be provided ensuring all roadwork’s are within the applicants property.

Staff Comment: Adequate provision is available within Lot 4 in DP: 1079460 to relocate the access.

In accordance with Condition 11, details of compliance are required to demonstrate the registration of the RATU prior to any further approvals being provided.

Staff Comment: A restriction as to user will be required by Council in accordance with Condition 11 prior to the issue of an Occupation Certificate.

11/7/13 The proposed motor cross facility would interfere with the peace and tranquillity of the area.

Staff Comment: The proposed use of the site has been determined by Council as permissible in accordance with Development Consent 10.2009.225.1 as a concept plan approval. Extensive consideration has been made to the potential impacts of the development.

The applicant was advised in writing that it had received submissions objecting to the proposal and supplied the above-mentioned summary of the submissions for their information. Council staff have not renotified the additional information supplied by the applicant as the submissions relate predominantly to compliance with Conditions of Development Consent which have already been approved by Council. The applicant has requested as part of his submission of further information to Council and in response to the submissions that a request be forwarded to Councils General Manager seeking compensation for revenue lost due to the time taken for the application to be assess by staff. The applicant is concerned that the application sat undetermined for Six (6) weeks, as such the applicant is requesting that “Oberon Council supply Bell/Bar intersection free of any cost to compensate my revenue lost in the above matter”. The request for compensation is not a planning matter and has no relevance nor consideration in this process. This issue is raised in this report to ensure transparency. It is noted however that the application was extensively notified to the public during this time for a period of 30 days.


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SEDIMENTATION AND EROSION CONTROL In response to the objections the following information is provided:

The track design and location are considered to be substantially the same as that considered at the Stage 1 approval.

Information has been addressed by the applicant as to how sedimentation and erosion control measures are to be provided in accordance with industry standards.

The applicant has advised Council in writing that no further works will be undertaken on Emigrants Creek as all works previously approved have been carried out in accordance with relevant agency approvals. Verification of the sign off will be required should approval of the application be supported by Council.

DYNAMIC NOISE MODELING AND ASSESSMENT A noise impact assessment was provided by the applicant as part of Stage One (the concept plan) to enable Council to have full consideration of the potential noise impacts associated to the operation of the facility. A report by Renzo Tonnin and Associates was provided by the applicant, and the report subsequently peer reviewed by Umwelt, Council’s noise consultants. It was this noise assessment and associated peer review that enabled Council to determine the application with some assurances that the issues associated with operational noise for the facility could be managed. Conditions 1 to 5 of both DA 10.2009.225.1 and DA 10.2009.225.2 specifically relate to the management of operational noise. However as the current application is its own development, quite separate from that of the consent for Stage 1 (the concept plan approval) and stage Two (2). Section 79C (1) (b) requires Council in its assessment to have regards to “the likely impacts of that development, including environmental impacts on both the natural and built environments”. This assessment must have regard to the specifics of the current application, as well as the operation of the facility. As such Council have further considered the following issues relevant to this application and the noise modelling undertaken and approved as stage 1 and 2:

1. The land contouring associated to the construction of track number two as well as the buffer plantings;

2. The fact that one of the “proposed residences”, identified in the applicants noise assessment has now been constructed;

3. The Renzo Tonnin reports acknowledgment that the proposed residences may have “line of site” to some tracks and suggests that consideration should be given to the provision of an earth mound to cut the line of sight from the source to the receiver.

In consideration of these three main issues, advice was obtained from Umwelt, who undertook the original peer review. The advice provided by Umwelt states the following:

The daytime construction activities associated with a development of this size would not normally be expected to exceed the noise goals set out in the Interim Construction Noise Guideline (ICNG) as long as appropriate conditions are in place to protect the amenity of the surrounding properties there is no noise related reason why Oberon Council should not approve construction activities associated with the development.

It is recommended that construction activities be limited to standard hours, Monday to Friday 7am to 6pm and Saturday 8am to 1pm.

Umwelt also indicates that the proposed construction activities for stages 3 and 4 of the proposed development are not likely, from a noise impact perspective, to differ greatly from the proposed Stage 2 construction activities. It is noted that no complaints have been received in relation to the Stage (2) construction activities.

It is considered that the land contouring and buffer planting would be within the margin of error of the proposed noise impacts stated in the noise impact assessment.


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The applicant has provided an operational management plan for the site. Umwelt in their initial advice to Council advise that there is no operational noise related

reason why Oberon Council should not approve the development as long as appropriate conditions are in place to protect the amenity of the surrounding properties.

The Renzo Tonnin noise assessment provided by the applicant indicates that noise attenuation measures such as earth mounds could be constructed at the motor cycle complex to provide the required noise attenuation should the proposed residences proceed to construction. The report also recommends that to address the 1dBA predicted exceedance at the prosed residence noise testing of the motorcycle facility be conducted at these proposed residences prior to their occupation to confirm the predicted noise levels. This recommendation was made to ensure no noise exceedance prior to the occupation of the adjoining dwellings. As the adjoining dwelling has now been occupied noise testing prior to occupation is now not possible. As such it is requested that the applicant undertake noise testing under operational conditions prior to full site operation to enable appropriate consideration of the design and construction of earth mounds for noise attenuation.

Council have requested that the applicant undertake noise modelling at the completion of Stage 2 and/or prior to full site operation, however the applicant has clearly stated that he does not intend on undertaking any further noise assessment. Council staff have imposed a condition of development consent that noise testing be undertaken under full operational conditions prior to full site operation in accordance with the Peer Review undertaken as part of the original development assessment. BUFFER PLANTING The provision of further buffer plantings has been nominated by the applicant as a requirement of Stage 3 and 4 works. Advice from Umwelt, Councils noise consultants, indicates that the planting of tree buffers provides little if any acoustic attenuation. Furthermore the provision of a tree buffer has not be referenced by either the applicants noise assessment nor Councils peer review. The requirement of a buffer, in accordance with the provisions of Condition 8 of the development consent, stem from the Statement of Environmental Effects where the applicant stated that a tree planting program would be implemented on site. THE PUBLIC INTEREST: The proposal seeks to undertake a recreational motor cross facility and is considered permissible within the RU1 zone. Apart from those interests mentioned above no other public interest impacts are perceived. DISCUSSION AND CONCLUSIONS: The application is permissible in the zone and is consistent with the aims and objectives of the RU1 zone. The key points of concern identified in the submissions received by Council have been addressed by the applicant either in their original Statement of Environmental Effects, further information provided by the applicant dated 14 October, 2014, or conditions of consent. As such it is considered that the application can be supported in this instance. RECOMMENDED CONDITION OF CONSENT The application is recommended for approval subject to the following conditions:


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GENERAL CONDITIONS Approved Plans 1. The development is to be carried out in accordance with the approved stamped plans:

The erosion and sedimentation control plan prepared by Abacus Planning dated April, 2014; and

Statement of Environmental Effects prepared by Abacus Planning dated 6th June, 2014; and

The operational management Plan prepared by Mark Weekes; and The buffer management plan prepared by Mark Weekes; and Associated additional information provided by Mark Weekes in support of the Development

Application dated. Except as otherwise provided by the conditions of this determination (Note:- modifications to the approved plans will require the lodgement and consideration by Council of a modification pursuant to Section 96 of the Environmental Planning and Assessment Act). Reason:-To confirm and clarify the terms of Council’s approval. Site Identification 2. A sign is to be erected in a prominent position at the entrance of the work site, stating that

unauthorised access is prohibited, and showing the name and contact phone number of the person or company in charge of construction on the site.

Reason:-To identify the site and builder, and prevent unauthorised access. Copy of Approval on Site 3. A copy of the development consent and approved plans and specifications shall be kept on site

at all times. Reason:-To ensure a copy of the approval is available for builders/tradespersons on site. Buffer Maintenance 4. The approved vegetation buffers are to be maintained to the satisfaction of Council. Reason:-To ensure that the vegetation buffer is maintained in accordance with the Buffer Management Plan approved by Council. Imported ‘waste derived’ fill material 5. The only waste derived fill material that may be received at the development site is:

Virgin excavated natural material (within the meaning of the Protection of the Environment Operations Act 1997),

Any other waste-derived material the subject of a resource recovery exemption under cl.51A of the Protection of the Environment Operations (Waste) Regulation 2005 that is permitted to be used as fill material.

Any waste-derived material the subject of a resource recovery exemption received at the development site must be accompanied by documentation as to the materials compliance with the exemption conditions and must be provided to the Principal Certifying Authority on request.

Reason:-To ensure that imported fill that is of an acceptable standard for environmental purposes.


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Site to be kept neat and tidy during the construction phase 6. The site shall be kept clean and tidy during the construction period and all rubbish shall be

removed from the site upon completion of the project to the satisfaction of Council. Reason:-To ensure the site does not create a nuisance for the adjoining development during the construction phase. Toilet accommodation for people working at the site 7. Closet accommodation is 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 comply with the following: it must be at least 1050 mm wide, 1350 mm long and 2100 mm high (measured internally). It must have a hinged door capable of being fastened from both inside and outside. It must have sufficient walls and a roof to ensure privacy, each constructed of material that

is weatherproof. It must have a floor constructed of a material that is rigid and impervious. It must be provided with a suitable receptacle for, and an adequate supply of, deodorising

or fly-repelling fluid. It must comply with any relevant requirements of the Building Code of Australia.

Reason:-To ensure adequate closet accommodation is provided for workers. Submission of construction certificate 8. Site works are not to commence on the construction of the main access road or check in shed

until such time as Council has issued a construction certificate for the proposed works. Reason:-To comply with the requirements of Section 81A of the Environmental Planning and Assessment Act. Notice of Commencement 9. At least two (2) days prior to the commencement of building works, the applicant is required to

submit to Council the attached “Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority”.

Reason:-To meet the requirements of Section 81A of the Environmental Planning and Assessment Act 1979. Site Identification 10. A sign is to be erected in a prominent position at the entrance of the work site, stating that

unauthorised access is prohibited, and showing the name and contact phone number of the person or company in charge of construction on the site.

Reason:-To identify the site and builder, and prevent unauthorised access. Copy of Approval on Site 11. A copy of the development consent and approved plans and specifications shall be kept on

site at all times. Reason:-To ensure a copy of the approval is available for builders/tradespersons on site. Maintenance of the Track(s) 12. With exception of general maintenance of the approved tracks, there shall be no alteration or

extension of the tracks without the prior consent of Council


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Reason:-To confirm and clarify the terms of Council’s approval and to ensure works are carried out in accordance with the consent. Builders Waste 13. All building rubbish, including that which can be wind blown, shall be suitably contained on

site, until disposed of at Council’s Solid Waste Disposal Depot. Reason:-To ensure the building site and surroundings are kept in a clean and tidy condition and to prevent a nuisance to surrounding premises. Compliance with associated development consents 14. All development consent conditions associated to this consent (10.2015.40.1) as well as

DA10.2009.225.1 and DA10.2009.225.2 are to be complied with to the satisfaction of Councils Development Control Officer prior to the issue of an occupation certificate or the use of the facility.

Reason:-To ensure all conditions of consent are complied with prior to the use of the facility. Structure not to be adapted for another use 15. The Check in Shed is not to be adapted for another use without prior consent of Council. Reason:-The structure has not been approved for any other use other than a check in shed associated to a motor cross facility. Premises to be clean and tidy 16. The premises are to be maintained in a clean and tidy condition at all times. Reason:-So that the development does not reduce the amenity of the area. External lighting not to cause a nuisance 17. All exterior lighting associated with the development shall be designed and installed so that no

light will be cast onto any adjoining property. Reason:-To prevent the proposed development having a detrimental effect on the developments existing on adjoining land. Car parking to comply with approved details 18. The area set aside for the parking of vehicles, and so delineated on the plan prepared by the

applicant shall not be used for any other purpose. Reason:-To ensure the car parking area is not used for purposes other than the parking of cars associated with the use. Signs for visitor and employee parking 19. Suitable signs shall be erected within the property indicating the location of visitor and

employee parking. Reason:-To delineate the spaces suitable for visitor and employee parking. Advertising Sign 20. Any advertising signage erected pursuant to this consent is to be:

a) wholly located on the subject land; b) solely relate to approved uses occurring on the site; and c) removed at the cessation of the approved development.


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Reason:-To ensure that the development is consistent with Bathurst (Interim) Local Environmental Plan 2005. Section 79C(1)(a) of the Environmental Planning and Assessment Act 1979, as amended. Disabled Access 21. Provision is to be made in the building and on the site for:

a) access to the building for people with disabilities in accordance with the Building Code of Australia;

b) toilet facilities for people with disabilities in accordance with the Building Code of Australia, and such toilet facilities shall be accessible to all persons working in, or using, the building; and

c) one motor vehicle parking space on the site for the exclusive use of people with disabilities in accordance with the Building Code of Australia.

Reason: - To provide for the use of the development by people with disabilities. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. Submission of a Final Fire Certificate 22. Prior to the occupation of the building, the owner of the building shall submit to Council, a final

fire certificate in relation to each essential fire safety measure specified in the fire safety schedule, attached to the construction certificate. Such certificate shall state that each essential fire safety measure specified: (a) has been assessed by a properly qualified person, and (b) was found, at the date of assessment, to be capable of performing to a standard not less than that required by the current fire safety schedule for the building for which the certificate is issued. NOTES: 1. As soon as practicable after a final fire safety certificate is issued the owner of the building to which it relates: (i) must cause a copy of the certificate (and current fire safety schedule) to be given to the Commissioner of NSW Fire Brigades, and (ii) must cause a further copy of the certificate (and current copy of the current fire safety schedule) to be prominently displayed in the building. 2. A "fire safety measure" is defined as any measure (including any item of equipment, form of construction or fire safety strategy) that is, or is proposed to be, implemented in the building to ensure the safety of persons using the building in the event of the fire.

Reason:-To ensure compliance with Regulation 170 of the Environmental Planning and Assessment Regulation, 2000. Submission of an Annual Fire Safety Certificate 23. The owner of any building in which fire safety measures are installed, must cause the Council

to be given an annual fire safety statement, within 12 months after the last such statement or final fire safety certificate was issued. The certificate shall certify: (a) that each essential fire safety measure has been assessed by a properly qualified person and was found, at the date of assessment, to be capable of performing to a standard not less than that required by the current fire safety schedule. (b) that a properly qualified person has inspected the building and has certified that, as at the date of inspection, the condition of the building did not disclose any grounds for a prosecution under Division C.


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NOTES: 1. As soon as practicable after an annual fire safety statement is issued, the owner of the building to which it relates: (i) must cause a copy of the statement (and current fire safety schedule) to be given to the Commissioner of NSW Fire Brigades, and (ii) Must cause a further copy of the statement (and current copy of the current fire safety schedule) to be prominently displayed in the building. 2. A "fire safety measure" is defined as any measure (including any item of equipment, form of construction or fire safety strategy) that is or is proposed to be, implemented in the building to ensure the safety of persons using the building in the event of fire. Reason:-To ensure compliance with Regulation 175 of the Environmental Planning and Assessment Regulation, 2000.

Structural Engineers Certification 24. Prior to the occupation certificate being issued the practising structural engineer is to provide

written certification that the roof design can withstand a ground snow load of 2 kPa and wind rating of N3.

Reason: - To ensure the structure is suitably designed for local conditions. Motorcycles must not be ridden elsewhere on the site. 25. Motorcycles must keep to the approved track (s) and must not be ridden elsewhere on the site

with the exception of motorcycles being ridden to the starting position on the track from their trailers and being ridden back from the track to their trailers.

Reason:-To confirm and clarify the terms of Council’s approval. Emigrants Creek 26. Confirmation is to be provided to Council, in writing, by the NSW Department of Primary

Industries that the permit provided under Part 7 of the Fisheries Management Act, 1994 has been complied with, prior to full site operation.

Reason: to ensure no further works are required within Emigrants Creek. OPERATIONAL CONDITIONS – NOISE IMPACTS AND ASSESSMENT: Noise Impact Assessment Criteria 27. The Proponent shall ensure that the noise generated by the Project, including traffic noise

generated on private access roads, does not exceed the noise impact assessment criteria in Table 1

Table 1 - Noise Impact Assessment Criteria dB(A)

Location

Day Evening Night

LAeq, 15min

LAeq, 15min

LAeq, 15min

LA1, 1min

Residential dwellings that:

exist at the date of this consent; and

are situated within a 3km radius of the project boundary.

35 35 35 45


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Future residential dwellings that:

are approved under residential development rights that apply to existing allotments at the date of this consent; and

are situated within a 3km radius of the project boundary.

35 35 35 45

Note 1: Daytime period is 7 am to 6 pm Monday to Saturday and 8 am to 6 pm Sundays and Public Holidays. Evening period is 6 pm to 10 pm. Night time period is 10 pm to 7 am Monday to Saturday and 10 pm to 8 am Sundays and Public Holidays.

Note 2: To determine compliance with the LAeq(15 minute) noise limit, noise from the Project is to be measured at the most affected point or within the residential boundary, or at the most affected point within 30 metres of a dwelling where the dwelling is more than 30 metres from the boundary. Where it can be demonstrated that direct measurement of noise from the Project is impractical, Oberon Council may accept alternative means of determining compliance (see Chapter 11 of the NSW Industrial Noise Policy). The modification factors in Section 4 of the NSW Industrial Noise Policy shall also be applied to the measured noise levels where applicable.

Note 3: To determine compliance with the LA1 (1 minute) noise limits, noise from the Project is to be measured at 1 metre from the dwelling façade. Where it can be demonstrated that direct measurement of noise from the Project is impractical, Oberon Council may accept alternative means of determining compliance (see Chapter 11 of the NSW Industrial Noise Policy).

Note 4: The noise emission limits identified in the above table apply under meteorological conditions of:

wind speeds of up to 3 m/s at 10 metres above ground level; or

temperature inversion conditions of up to 3 º C/100 m and wind speeds of up to 2 m/s at 10 metres above ground level.

Note 5: The Noise Impact Assessment Criteria is not intended to apply to future residential subdivision that has not been approved prior to the date of this consent. However, if the Proponent has a written negotiated noise agreement with any landowner of the land listed in Table 1, and a copy of this agreement has been forwarded to Oberon Council, then the Proponent may exceed the noise limits of LAeq(15 minute) 35 dB(A) in accordance with the negotiated noise agreement.

Reason: To ensure compliance with the Protection of the Environment Operations Act. 1997. Monitoring 28. The Project is to be monitored quarterly over the first 12 month period during full operation of

the site, to ensure the Recreational Motor Cross Facility is not exceeding the noise impact assessment criteria in Table 1 or where relevant the noise criteria that forms part of a negotiated noise agreement. The Recreational Motor Cross Facility is to be monitored by the applicant.

Should the noise levels exceed that as listed in Table 1 a suitably qualified, experienced and independent person, whose appointment has been approved by Oberon Council, is to be engaged to conduct noise monitoring on the land, to determine whether the Project is


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complying with the relevant noise impact assessment criteria, and identify the source(s) and scale of any impact on the land.

Reason: To ensure compliance with the Protection of the Environment Operations Act. 1997. Additional Noise Mitigation Measures 29. Upon receiving a written request from the owner of any residence listed in Table 1 where

subsequent operational noise monitoring shows the noise generated by the Project is greater than, LAeq (15 minute) 37 dB(A) ), (except where a negotiated noise agreement is in place), as measured in accordance with the notes presented below Table 1, the Proponent shall implement additional noise mitigation measures.

Additional noise mitigation measures may include:

source controls such as the installation of noise bunds or the limiting of the number of bikes allowed to operate at any one time; or

receiver controls such as the installation of double glazing, insulation, and/or air conditioning at any residence on the land in consultation with the landowner.

These additional mitigation measures must be reasonable and feasible. If within three months of receiving this request from the landowner, the Proponent and the landowner cannot agree on the measures to be implemented, or there is a dispute about the implementation of these measures, then either party may refer the matter to Oberon Council for resolution. Land Acquisition Criteria 30. Upon receiving a written request from the owner of any residence listed in Table 1 where

subsequent operational noise monitoring shows the noise generated by the Project is greater than LAeq(15 minute) 40 dB(A), (except where a negotiated noise agreement is in place), as measured in accordance with the notes presented below Table 1, the Proponent shall acquire the land in accordance with the procedures in condition 5.

Land Acquisition 31. Within three months of receiving a written request from a landowner with acquisition rights, the

Proponent shall make a binding written offer to the landowner based on: (a) the current market value of the landowner’s interest in the property at the date of this written request, as if the property was unaffected by the Project (i.e. the subject of the project application), having regard to the:

existing and permissible use of the land, in accordance with the applicable planning instruments at the date of the written request; and

presence of improvements on the property and/or any approved building or structure which has been physically commenced at the date of the landowner’s written request, and is due to be completed subsequent to that date, but excluding any improvements that have resulted from the implementation of the ‘additional noise mitigation measures’ in condition 3;

(b) the reasonable costs associated with: relocating within the Oberon local government area, or to any other local government area

determined by Oberon Council; obtaining legal advice and expert advice for determining the acquisition price of the land,

and the terms upon which it is required; and (c) reasonable compensation for any disturbance caused by the land acquisition process.


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However, if at the end of this period, the Proponent and landowner cannot agree on the acquisition price of the land, and/or the terms upon which the land is to be acquired, then either party may refer the matter to Oberon Council for resolution. Upon receiving such a request, Oberon Council shall request the President of the NSW Division of the Australian Property Institute to appoint a qualified independent valuer or Fellow of the Institute, to consider submissions from both parties, and determine a fair and reasonable acquisition price for the land, and/or terms upon which the land is to be acquired. Within 14 days of receiving the independent Valuer’s determination, the Proponent shall make a written offer to purchase the land at a price not less than the independent Valuer’s determination. If the landowner refuses to accept this offer within 6 months of the date of the Proponent’s offer, the Proponent's obligations to acquire the land shall cease, unless otherwise agreed by Oberon Council. The Proponent shall bear the costs of any valuation or survey assessment requested by the independent valuer, or Oberon Council and the costs of determination referred above. If the Proponent and landowner agree that only part of the land shall be acquired, then the Proponent shall pay all reasonable costs associated with obtaining Council approval for any plan of subdivision (where permissible), and registration of the plan at the Office of the Registrar-General. Operational Management Plan 32. An Operational Management Plan (OMP) must be approved by Council, developed and

implemented prior to the operation of the motor cross and camping ground complex. The OMP must include the following details in accordance with the details provided by the concept plan approval:

Use of the Facility:

The hours of operation of the proposed facility; The number and capacity of the motor bikes proposed to operate on each track at any time; Implementation of a management strategy for the operation of the primitive camping ground

including appropriate noise mitigation measures; Measures to mitigate the risk of bushfire; Measures dealing with dust suppression; Control measures for littering and dumping of rubbish;

The implementation of a landscaping plan including details for ongoing maintenance to facilitate the reduction of visual impact of the proposed facility.

Community Notification:

The implementation of a pollution line for complaints; Describe any noise controls or the use of silencer equipment;

Operation of plant in quiet and efficient manner:

Turn off plant that is not being used; Examine and implement where feasible and reasonable alternative work practices which

generate less noise. Examine and implement where feasible and reasonable the use of silenced equipment and

noise shielding around stationary plant subject to manufactures design requirements; Ensure plant is regularly maintained and repaired or replace equipment that becomes

noisy;


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Handle complaints: Keep staff responsible for handling telephone complaints and handle the complaints in a

prompt and responsive manner.

Reason: - to confirm and clarify the terms of Council’s approval and to ensure the ongoing management of the facility is carried out in an environmentally responsible and sustainable manner. Noise testing prior to full site operation 33. Operational noise testing is to be conducted prior to fill site operation and a report provided to

Council demonstrating that the predicted noise levels are within the levels modelled in the Renzo Tonin and Associates report 2011.

Should noise levels exceed the levels required by the Renzo Tonin and Associates report 2011 (predicted exceedance of 1 dB(A) then noise mitigation works as recommended in the report are to be carried out prior to full site operation to the satisfaction of Council. Reason:-To confirm and clarify the terms of Council’s approval and to ensure works are carried out in accordance with the consent. OPERATIONAL CONDITIONS – CONSTRUCTION NOISE IMPACTS AND ASSESSMENT: Management of Construction Activities 34. Management of construction activities is to be undertaken by the incorporation of a

Construction Management Plan (CMP). The CMP must be approved by Council, developed and implemented prior to the commencement of any construction works on site. The CMP must include the following details in accordance with the details:

Community Notification:

Contact potentially noise effected neighbours at the earliest possible time before any site works begins.

Inform potentially noise effected neighbours about the nature of the construction stages and the duration of noisier activities – for example rock braking and excavation.

Describe any noise controls or the use of silenced equipment; Keep potentially noise effected neighbours up to date on progress; Provide contact details on a site board at the front of the site, and maintain a complaints

register suited to the scale of works. Ask about any concerns that potentially noise effected neighbours may have and discuss

possible solutions. Operation of plant in quiet and efficient manner:

Where practical, undertake the noisiest works during the recommended standard hours. Turn off plant that is not being used; Examine, and implement where feasible and reasonable, alternative work practices which

generate less noise – for example, use hydraulic rock splitters instead of rock breakers, or electric equipment instead of diesel or petrol powered equipment.

Examine, and implement where feasible and reasonable, the use of silenced equipment and noise shielding around stationary plant (such as generators), subject to manufactures’ design requirements;

Ensure plant is regularly maintained, and repair or replace equipment that becomes noisy. Arrange the work site to minimise the use of movement alarms on vehicles or mobile plant.


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Locate noisy plant away from potentially noise affected neighbours or behind barriers, such as sheds or walls.

Involve workers in minimising Noise

Avoid dropping materials from a height. Talk to workers about noise from the works at the identified land uses and how it can be

reduced. Use radios and stereos indoors rather than outdoors.

Handle complaints Keep staff responsible for handling telephone complaints informed regarding current and

upcoming works and the relevant contracts for these works. Handle complaints in a prompt and responsive manner. Where there are complaints about noise from an identified work activity, review and

implement, where feasible and reasonable, actions additional to those described above to minimise noise output.

Reason: - to confirm and clarify the terms of Council’s approval and to ensure the ongoing management of the facility is carried out in an environmentally responsible and sustainable manner. Construction noise management levels and hours of operation 35. Construction activities shall be limited to the following standard hours:

Land Use Construction Time Management Level LAeq, 15 minute

Residential Standard hours: Monday to Friday 7.00am to 6.00pm Saturday 8.00 am to 1.00pm No work on Sundays or public holidays

Noise Affected: 40dB (A)

Highly Noise Affected: 75 dB (A)

Outside standard hours: (not recommended without further investigation and justification by proponent)

Noise Affected: 35 dB (A)

Active recreation areas

When in use 65 dB (A)

Officers, retail outlets When in use 70dB(A) Reason:-To limit the operating hours of the development so as to reduce the likely nuisance on adjoining development. 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.

36. 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).


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Reason:-So that the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulation 2000.

37. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

showing the name, address and telephone number of the principal certifying authority for the work, and

showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

stating that unauthorised entry to the work site is prohibited. Any such sign is to be maintained while the building work is being carried out and must be removed when the work has been completed. NOTE: This condition does not apply to building work that is carried out inside an existing building that does not affect the external walls of the building. Reason:-So that the development complies with the requirements imposed under Clause 98A of the Environmental Planning and Assessment Regulation 2000.

Notations 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 any stage thereof.

Notes:


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13.03 DEVELOPMENT APPLICATION 10.2015.79.1 – DOUBLE GARAGE

File No: Property/PO28-18 Author: Health and Building Surveyor, Kerry Davison Summary A Development Application has been received for the construction of a Double Garage at 18 Herborn Street, Oberon. A variation to Development Control Plan (DCP) 2001 is sought, with particular reference to Part C.5.5 – “Building Height Plane” of the Oberon Development Control Plan 2001 (DCP) which requires that a residential development will not significantly increase overshadowing of adjoining properties, reduce the level of privacy enjoyed by adjoining properties or affect the amenity of the Rural Village. Recommendation: That delegation is granted to the Acting Planning & Development Director to vary Part C.5.5 – “Building Height Plane” of the Oberon Development Control Plan 2001 associated to Development Application 10.2015.79.1 for the construction of a new double garage at Lot 52 in DP 2364, Section A, 18 Herborn Street, Oberon. Comment FOLLOWING is a copy of proposed plans and associated Basic Statement of Environmental Effects. Development Application 10.2015.79.1 has been received for the construction of a double garage 18 Herborn Street, Oberon within the R1 General Residential Zone. Part C.5.5 – “Building Height Plane” associated to Residential Development requires:

“Residential development will not significantly: (a) Increase the overshadowing of adjoining properties; (b) Reduce the level of privacy enjoyed by adjoining properties; or (c) Affect the amenity of the Rural village Obstruct views from adjacent existing buildings, and that the occupants of the building or buildings will enjoy the optimum use of winter sunlight

The proposed development a garden shed is to be located at the rear of the lot with a setback of 0.6 metre from the western and southern boundaries. There are no dwellings on the neighbouring properties within the vicinity of the proposed garage, only existing sheds which are likely to receive minimal overshadowing with the Building Height Plane being reduced by 22%. The double garage proposed will replace an existing garden shed already erected on site. The proposed development is considered suitable for the site and it is important to note that Part C 5.5 has been varied by Council in the past on a significant number of occasions. Neighbour notification has been undertaken to the adjoining neighbours of the proposed development. Submissions close at 4pm 16 November 2015. Should any submissions be received resulting from the neighbour notification then a further report will be put to the November Council Meeting. The proposed development is also located over an existing stormwater line and pit. The application has been referred to Councils Engineering Department for comment in relation to the management of this issue. It is considered that the variation can be supported in this instance.


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13.04 DEVELOPMENT APPLICATION 10.2015.82.1 – ALTERATIONS TO DWELLING

File No: Property/PO25-7 Author: Health and Building Surveyor, Kerry Davison Summary A Development Application has been received for the alterations to the existing dwelling at 7 Glyndwr Avenue, Oberon by virtue of increasing the roof pitch on a small section of the dwelling. A variation to Development Control Plan (DCP) 2001 is sought, with particular reference to Part C.5.5 – “Building Height Plane” of the (DCP) which requires that a residential development will not significantly increase overshadowing of adjoining properties, reduce the level of privacy enjoyed by adjoining properties or affect the amenity of the Rural Village. Recommendation: That delegation is granted to the Acting Planning & Development Director to vary Part C.5.5 – “Building Height Plane” of the Oberon Development Control Plan 2001 associated to Development Application 10.2015.82.1 for the alterations to the existing dwelling at Lot 1 in DP 782121, 7 Glyndwr Avenue, Oberon. Comment FOLLOWING is a copy of proposed plans and associated Basic Statement of Environmental Effects. Development Application 10.2015.82.1 has been received for the alterations to the existing dwelling at 7 Glyndwr Avenue, Oberon within the R1 General Residential Zone. Part C.5.5 – “Building Height Plane” associated to Residential Development requires:

“Residential development will not significantly: (d) Increase the overshadowing of adjoining properties; (e) Reduce the level of privacy enjoyed by adjoining properties; or (f) Affect the amenity of the Rural village Obstruct views from adjacent existing buildings, and that the occupants of the building or buildings will enjoy the optimum use of winter sunlight

The proposed development is to replace the existing flat roof structure at the rear of the dwelling with a pitched roof. The setback from the northern boundary is 0.95m and the eave height is 2.9m. The Building Height Plane is reduced by 17% and would have minimal impact on the neighbouring properties. A site inspection undertaken on the property indicates that the minimal impact will be upon the rear yard of the neighbouring property. The proposed development is considered suitable for the site and it is important to note that Part C 5.5 has been varied by Council in the past on a significant number of occasions. Neighbour notification has been undertaken to the adjoining neighbours of the development. Submissions close at 4pm 20 November 2015. Should any submissions be received resulting from the neighbour notification then a further report will be put to the November Council Meeting. It is considered that the variation can be supported in this instance.


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13.05 QUARTERLY BUDGET REVIEW STATEMENTS – 30 SEPTEMBER 2015

File No: Governance/Meetings/Finance Committee/November 2015 Author: Lynette Safranek, Finance and Community Services Director; Brad Pascoe, Finance Coordinator Summary The Quarterly Budget Review Statements for the period 1 July to 30 September 2015 are presented to Council. A key element of the Statements reflect Council’s current level of operating activity in relation to the Mayfield Road Project, funded through the LIRS program, and a commitment to meet objectives outlined in Council Community Strategic Plan in line with the Integrated Planning & Reporting statutory requirements. Recommendation: That the Quarterly Budget Review Statements for the period ending 30 September be received and noted, and revised income and expenditure budgets be voted. Comment The Quarterly Budget Review Statements for the period 1 July to 30 September 2015 FOLLOW. The following amendments to the Quarterly Budget Review Statements were adopted by Council at the Finance Committee meeting on 10 November 2015. 1. An addition of $6,000 for an Oberon tourism article in the 2016 Central West Style Magazine.

Commitment was given by the former General Manager for Oberon Council to pay in full with OBTA to contribute $2,000 back to Council.

2. An allocation of $26,174 for the switch from an analogue to digital telecommunication system

required for Oberon Council.

3. An allocation of $21,141 for the UTS – Centre for Local Government to develop a Business Case for Council’s use at the Public Community Meeting on 9 November and in determining a decision to the State Government Fit for the Future response required by 18 November 2015.

Notes:


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13.06 ABERCROMBIE ROAD – FORMAL PUBLIC ROAD GAZETTAL – BELL

File No: Roads/RCl/Perm Author: Felicity Taylor, Assets Engineering Officer Summary Council is required to undertake a formal Public Road Gazettal for part road opening and road closure of Abercrombie Road, as a result of former road works undertaken by Evans Shire Council for Lot 1 DP 753057. Recommendation:

1. That Council proceed to formalise the anomalies by the Closure Gazettal of part Abercrombie Road (unformed) transferring this land to Mr R Bell as compensation for the new physical portion of Abercrombie Road running through property known as Lot 1 DP 753057.

2. That Council provide $2,500 for cost’s, including legal, survey and registration to formalise the boundary changes. This can be allocated from the Regional Roads block grant.

Comment FOLLOWING is a map showing unformed road to be closed. Previously, Evans Shire Council maintained the mapped section of Abercrombie Road. Physical re-alignment works to the Abercrombie Road were historically undertaken to improve road alignment. It has been found that as a result of works undertaken outstanding works to finalise the realignment including survey, legal transfer and extinguishment and dedication of the new and old road reserves are required. Presently the new Abercrombie Road alignment runs through the Bell’s property (Lot 1 DP753037). The unformed section of the dedicated road which runs in a parallel direction to this road reconstructed by the then Evans Shire Council is currently Council owned road reserve. In order to formalise this matter a Gazettal for road closure of the unformed road will need to be undertaken in order to transfer it to Bell. In return Bell has agreed to dedicate the physically formed alignment of Abercrombie Road as dedicated Public Road. Furthermore, Council must also apply to Crown Lands to close a small section of Crown Road in which the alignment of Abercrombie Rd crosses. This small parcel will then formally become part of the new public road known as Abercrombie Road. Fees for survey and registration of plans will be required to be borne by Council, estimated to be in the order of $2,500.

Notes:


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13.07 ROADS TO RECOVERY PROGRAM 2015/2016

File No: Roads/Funding Author: Chris Schumacher, Works and Engineering Director Summary This report outlines the necessity to reallocate $145,758 in the 2015/2016 R2R Program to facilitate immediate repairs to Burraga Road. Recommendation: That Council agree to the amendment of the 2015/2016 R2R program to allow $145,758 for the immediate repairs to be undertaken on the Burraga Road. Comment FOLLOWING – evidence outlining the pavement stripping and several patches that have failed on Burraga Road. During the recent increase in pine harvesting activities throughout the Burraga area, logging trucks have increased their movements along Burraga Road. An increase in the heavy haulage has resulted in the bitumen road surface along one section of Burraga Road stripping off. This could be as a result of a combination of the recent harsh winter, the age of the bitumen road surface and an increase in heavy vehicle movements. Several other sections of the road have suffered pavement failures that also require maintenance works i.e. Heavy Patching. The total allocated funding from the Federal Government (Roads to Recovery (R2R)) for Oberon Council this financial year equates to $1,183,386 (breakdown of projects follow below). In order to facilitate the funding required for this work, it is proposed to reallocate some funding from the current R2R Program for 2015/2016 as follows: Project Original Amount Funding Taken Revised Amount Carlwood Road $483,386 -$83,386 $400,000 Lowes Mount Road $212,372 -$62,372 $150,000 Sewells Creek Road $100,000 No Change $100,000 Arkstone Road $387,628 No Change $387,628 Burraga Road Additional Project $145,758 Should Council approve this amendment, scheduling of the work will be undertaken during November with anticipated completion prior end of December.


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13.08 MAYFIELD FIRE SHED – LAND ACQUISITION 3 SIMMONS ROAD, WISEMANS CREEK

File No: Emergency Services/Bushfire Sheds Author: Chris Schumacher, Works and Engineering Director Summary This report refers to recent enquiry and land valuation for suitable sized land known as 3 Simmons Road, Wisemans Creek adjacent to Beaconsfield Road for the purposes of constructing a new Rural Fire Shed for the Mayfield Rural Fire Service. Recommendation: That Council agree to the purchase of land being described as Lot 12 Section 5 DP 759100, being known as 3 Simmons Road, Wisemans Creek for the future construction of the new Mayfield Fire Shed. That Council source the funding of $5,000 from the ‘Land Bank Fund’. That the Acting General Manager and Works & Engineering Director be delegated the authority to sign all documents associated with the purchase and transfer of the land. Comment FOLLOWING – Attached is a recent land valuation report completed by OPTEON Group for 3 Simmons Road. The Rural Fire Service approached Council staff earlier this year to investigate opportunities for the construction of a new Mayfield fire shed. Currently Mayfield Brigade does not have a brigade shed to accommodate their fire fighting vehicle and equipment. Local area brigade personnel and Council’s Works & Engineering Director (WED) meet on-site 13 August at Simmons Road, Wisemans Creek, off Beaconsfield Road to discuss a suitable location. From these discussions, staff have sought the ownership status of land being a combination of private and Crown Land. Further discussions have been successful with the private owner of Lot 12 Section 5 DP 759100, being known as 3 Simmons Road, Wisemans Creek with an agreed sale price of $5,000 as outlined in the attached report completed by Opteon Group. The land area of the private block is not entirely large enough to accommodate the shed; further enquiry is being made of the Crown Lands Department to acquire additional land (adjacent) to suitably locate the new facility, which has been agreed to, in principal. Once the formalities and cost for the additional Crown Land has been determined, a further report will be brought before Council. Presently it is suggested that Council proceed to purchase the vacant 493.8sqm site. The property alone does not benefit from a building entitlement in its current size. Onsite investigations show provision for power and telecommunications. Subject to securing the land, RFS will then commit to fund the construction of the new fire shed in future budget allocations. Funding and legal costs to acquire this land can be sought from Land Bank.


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13.09 TOURIST SIGNAGE REQUEST

File No: Author: Chris Schumacher, Works and Engineering Director Summary This report refers to recent enquiry and cheque payment of $5,000 to Oberon Council to supply and install tourist signage referencing the division of the Lachlan and Macquarie Rivers and the several locations denoting the Great Dividing Range upon Oberon LGA roads. Recommendation: That Council accept the donation of $5,000 toward the supply and installation of signage as outlined at the request of Bill Hoolihan. That Council’s Acting General Manager, Works & Engineering Director and Deputy Mayor Kerry Gibbons be delegated the authority to identify the areas in conjunction with Bill Hoolihan with the intent of purchase/supply and installation of agreed signage at the various locations to be agreed upon. Comment FOLLOWING – Attached is a copy of correspondence received from Bill Hoolihan outlining his intent for the donation of $5,000 An in-kind donation of $5,000 has been received by Council from Bill Hoolihan for the purpose of purchase and installation of tourist signage relating to both the division of the Lachlan and Macquarie River Catchments and including the identification of various locations of the Great Dividing Range (GDR), where the GDR traverses local roads. If Council proceeds to accept this $5,000 donation from Bill Hoolihan, further discussions will be required between Council staff and Bill Hoolihan to identify and determine the exact locations and relevant information to be placed upon each sign, in particular to the variable height elevations for the Great Dividing Range. It is proposed that the Acting General Manager, Works & Engineering Director and Deputy Mayor Clr. Kerry Gibbons be delegated authority to liaise with Bill Hoolihan regarding further information pertaining to the type, purchase and location of individual signage, as outlined in the correspondence of Bill Hoolihan.

Notes:


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13.10 WATER TREATMENT PLANT & WATER PLANT LANE

File No: Roads/Acquisitions Author: Chris Schumacher, Works and Engineering Director Summary This report outlines the steps and financial commitments required of Oberon Council by the Crown Land Department to formalise the dedication of road known as Water Plant Lane allowing access to the Oberon Water Treatment Plant (WTP), and including the lands in which the WTP currently occupies inclusive of its water supply infrastructure. Recommendation: That Council endorse

1. Proceeding with the compulsory acquisition of Water Plant Lane and the lands currently encroached by water supply infrastructure described as Part Lot 7307 DP1141921 for the purpose of road leading to the Oberon Water Treatment Plant and Part Lot 7012 DP1032530 for the purposes of water plant infrastructure in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2. Making application to the Minister and the Governor for approval to acquire Water Plant Lane and the lands currently encroached by water supply infrastructure described as Part Lot 7307 DP1141921 and Part Lot 7012 DP1032530 by compulsory process under section 186(1) of the Local Government Act 1993 and section 177(1) of the Roads Act 1993.

3. That the land Part Lot 7012 DP1032530 is to be classified as operational land and that the land Part Lot 7307 DP1141921 be dedicated as road.

4. The commissioning of an acquisition plan and the payment to Crown Lands of compensation as determined by the Valuer General for the acquisition of lands under the Land Acquisition (Just Terms Compensation) Act 1991, as required to formalise the dedication of road of the Water Plant Lane which leads to the Oberon Water Treatment Plant as well as lands currently encroached by water supply infrastructure.

Comment FOLLOWING is an Ariel image of the Oberon Water Treatment Plant and Water Plant which currently sits within the Department of Lands Crown Reserve. At the time Oberon Council elected to construct a Water Treatment Plant and access road in their current location, no consideration was given to the ownership and/or acquisition of the required land from the existing ‘Crown Land Reserve’ entrusted to Council. The Crown Lands department are now requesting that this matter be fixed up by way of Council formalising the purchase of land in which the current Water Infrastructure and access road are located. Council will recall at the May 2015 Ordinary Meeting a report was submitted seeking endorsement to acquire lands under the Land Acquisition (Just Terms Compensation) Act 1991, as required to formalise the dedication of road of the Water Plant Lane which leads to the Oberon Water Treatment Plant as well as lands currently encroached by water supply infrastructure. The Crown Lands Department have issued Council consent to acquire this land. The next step is to obtain a plan of acquisition which will be lodged with Land and Property Information.


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A survey estimate to formalise the above request has been obtained $15,000 plus GST to provide the acquisition plan. As the land is Crown Land, the plan which covers it is what is known as a departmental plan and as such has no dimensions. Therefore in order to survey the acquisition areas the perimeter of the lot boundary needs to be surveyed. i.e. Whole Crown Land Reserve upon which the WTP and Oberon Golf Course are also located. Once an acquisition plan is lodged Council will be required to compensate Crown Lands for the acquisition. This value is determined by the Valuer General. In order to fund this work, finances are being requested from Councils Land Bank Reserves. Please note that this request from the Crown lands Department is not optional, but compulsory as a result of already built infrastructure on their land.

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14. REPORTS FOR INFORMATION 14.01 MONTHLY ACTIVITY REPORT – ACTING GENERAL MANAGER

File No: Governance/Meetings/Ordinary Author: Gary Wallace, Acting General Manager Summary This report item summaries the main activity by the Acting General Manager since the October Council Meeting including Human Resources and Workplace Health & Safety, Executive Support matters, Community Activity, Regional Issues, Executive Management Team Meetings, and details of planned activities. Recommendation: That report item 14.01 is received as information. Comment 1. PLANNED ACTIVITY FOR OCTOBER and NOVEMBER FIT FOR THE FUTURE – extensive work has been undertaken on preparing the Community Consultation and Business Case for the Fit for the Future Options as outlined by the IPART Recommendations. A public Meeting was held on 9 November 2015 where more than 500 community representatives attended. A further report will be tabled at the November meeting seeking Councils preferences to the Options provided through the consultation phase. The response to the IPART recommendations is due by 11:59pm 18 November 2015. WORKING ARRANGEMENTS FOR CHRISTMAS – discussions are currently being had with WED and outdoor staff relating to the proposed Christmas Closure. The Works Staff will cease work on 17 December 2015 with all staff to return by 11 January 2016. Work is progressing on a Christmas Works program that would see programmed works continue during this time. OFFICE CLOSURE TIMES – the Administration Office is proposed to be closed over the period from end of work 24 December 2015 until 4 January 2016. During this time no Administration activities will be undertaken with ‘on call’ staff only being available. 2. ACTIONING COUNCIL DECISIONS Following each Council Meeting the General Manager and 3 Director 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/Progress20 October 2015 ORDINARY COUNCIL MEETING 05 201015 Plan of the Oberon Common to be developed by a subcommittee of Council.

- Preliminary discussions have been held with AGM and WED and a plan developed.

18 201015 Negotiate a sponsorship package for the planned 2016 Mayfield Garden Music Festival

- To be actioned 23 201015 Confirm the sale of Hathaway Cottages within the range suggested by Local Agents.

- Inspections of the Cottages have been undertaken by two separate entities. Any further information will be reported to Council.


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24 201015 GM be delegated authority to negotiate sales of the residential land off Edith Road within the ranges suggested by Local Agents. Confirm the existing delegated authority for the GM to negotiate sales of industrial land in the Albion Street Industrial Subdivision. Proceeds from sales be transferred to the Land Bank Reserve.

- Noted. 25 201015 Council give in principle support to the proposal as outlined by Service NSW

- Correspondence has been provided. With respect to outstanding actions from previous Council Meetings the Acting General Manager will review these with the Mayor and the 3 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. LEGAL ACTION & CONSULTANCIES At Councils Finance Committee Meeting on 10 November 2015 a comprehensive report was tabled outlining consultants and legal fees paid since 1 January 2015. A report will be prepared on a 3 monthly basis for Council information. 4. HUMAN RESOURCES AND WORKPLACE HEALTH AND SAFETY Includes information provided supplied by Human Resources Coordinator (HRC) and Work, Health and Safety Coordinator (WH&SC). WORKPLACE HEALTH AND SAFETY Incidents/Injuries No incidents were reported during October 2015. DAYS WITHOUT LOST TIME BECAUSE OF INJURY Department/Work Area 30 September 2015 31 October 2015 Administration 278 309Works 8 39 Library 300 331 OVIC 1150 1181 Workshop 868 899 Meetings/training attended 2 Oct – WHS inductions for Swimming Pool Staff 7 Oct – Teleconference with CENTROC and F&CSD re insurance health check 8 Oct – Meeting with P&D Manager and P&D Director to discuss RM for staff required to enter

buildings where asbestos may be present 13 Oct – Worksite audit; MR54 McGeorges Creek Project, Trunkey Rd. with Project Engineer,

GM, WED, RMS and Project Staff 19 Oct – Meeting with GM and F&CSD 21 Oct – Meeting with Acting GM and EC to review tasks needing attention 21 Oct Applied to StateWide to add Black Springs Community Hall to Council’s asset register 26 Oct – Organised Laser treatment to quit smoking, for staff who have applied 27 Oct – Organised asbestos assessments for Council buildings


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Black Springs Community Hall The WHS/RMC submitted an application to StateWide to include the facility on Council’s

asset register for insurance purposes. The application was accepted. The Hall will also be included on the list to have an asbestos assessment. Annual inspections will be carried out by WHS/RMC and a member of the WHS committee.

Risk assessments for functions etc. will be conducted on request to WHS/RMC Upcoming meetings/events 5 Nov – Meeting with Swimming Pool Coordinator and StateWide Risk Manager to assess

signage needs 18 Nov – Teleconference with StateCover to review current workers compensation claims 20 Nov – 7 employees have registered for the quit smoking treatment, which will be provided in

the Wellness Centre HUMAN RESOURCES (ORGANISATIONAL DEVELOPMENT – OD) Recruitment Recent recruitment campaigns for the following positions have been finalised:

Management Accountant Library Assistant Labourers

The current vacancies include

Town Maintenance/Waste Operator Casual Animal Control Officer

Programs LOCAL GOVERNMENT OPERATIONAL EFFECTIVENESS SURVEY (LGOES) – Oberon Council has been participating in the LGOES for the past three financial years: with final data submissions for the 2014/5 financial year due to be finalised by 11 November 2015. The program, coordinated in partnership by LG Professionals and Price Waterhouse Coopers, provides a performance management tool for NSW Council’s to review their own performance and benchmark the data across councils. The survey reports on workforce management, financial management, operations management, risk management and corporate leadership. Final reports for the 2014/15 survey are expected to be released by the end of the year. A further commitment has been made to continue participating in the program for the next three financial years (2016/17/18). LGNSW EMPLOYEE ENGAGEMENT SURVEY (EES) – LGNSW has partnered with Voice Project to conduct an Employee Engagement Survey. Voice Project commenced as a research project through Macquarie University and has since established themselves as an industry leader in employee engagement and satisfaction surveys. The purpose of the survey and report is to assist managers and employees better understand perceptions regarding the quality of work practices, and develop an action plan that capitalises on strengths and builds upon areas for development. The report also benchmarks the results against those of other NSW Council’s, providing comparative data able to be utilised in both professional and organisational development.


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All employees are invited to voluntarily participate in the program by completing a confidential survey, either online or paper based. The results are collated and interpreted by trained Voice Project Employees, with a final report being submitted to management. No Council employee or management representative receives or views the raw data collected, thereby maintaining confidentiality. The areas of focus covered by the EES include items such as

Purpose: Mission and Values, Ethics, Role Clarity, Diversity, Organisational Direction Property: Resources, Processes, Technology, Safety, Facilities Participation: Leadership, recruitment, internal cooperation, learning and development,

supervision. People: Motivation and initiative, talent, teamwork. Peace: wellness, work/life balance, flexibility

It is anticipated that the survey will be conducted early December with results being available early 2016. 5. EXECUTIVE SUPPORT – MEETINGS & VISITOR INFORMATION CENTRE Includes information provided by the Executive Coordinator: ACTIVITIES AND MEETINGS Council Page prepared each week during October with advertising and information. This

included the Mayoral Column, Road Works updates and Library News Articles included – Public Exhibition Designated Development – Extractive Industry, Australia

Day Citizen Awards Nominations Open, Oberon Youth Council Disco, Oberon Local Government Golf Day, Kerbside Bulky Waste Collection, Pool Season Opens, Determinations for September 2015, Council Meetings for November 2015

Weekly newsletter issued to Councillors each Friday during October – new format “Good News Week” developed during the month

Consultative Committee Meeting – 8 October Oberon Youth Council Disco – 9 October Meet with Oberon Review regarding Oberon Tourism Brochure – 14 October OBTA Meeting – 14 October Visit from Jason Sacriz, Destination NSW – 16 October Meet with Veronica Cvitanovic – request for information regarding land at the Oberon Common

– 20 October Ordinary Council Meeting – 20 October 2015 Councillor Workshop – 26 October 2015 Oberon Correctional Centre Community Consultative Committee Meeting – 28 October VISITOR INFORMATION CENTRE VISITORS FOR OCTOBER 2015 Domestic 1751 International 117 Total 1868


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Major Tourism Requests for October 2015 Mayfield Garden 303 Open Gardens 74 Fossicking 170 Tablelands Way 102 Souvenirs 98 Jenolan Caves 77 Accommodation Enquiries for October - 206 and 88 - camping. 20 New Residents enquiries for the month. Main Events for October: Tarana 10th Annual Art Exhibition held over the long weekend Oberon Youth Council Disco Steel Street W2Art exhibits displayed in Oberon businesses Super 6 Gold Challenge begins Mayfield Garden and Gairloch Garden open, plus the last weekend in October Brenda Lyon

opened her garden for viewing. Hampton Bi-Annual Markets Bush Poetry Night at the RSL ADMINISTRATION and OTHER ACTIVTIES The Executive Coordinator and staff from the Visitor Information Centre met with the Oberon Review to discuss the upcoming re-print of the Oberon Tourism Brochure and any amendments required for the new brochure. The General Manager, Executive Coordinator and representatives from OBTA met with Jason Sacriz, Zone Manager Sydney Surrounds, Destination NSW. Jason provided a good overview of the advertising and promotion provided by Destination NSW free of charge for members via ‘Get-Connected’. Following the meeting Jason was shown around Oberon and visited Mayfield Garden to develop a greater understanding of the tourism opportunities in the Oberon area. Significant staff time has been spent preparing for the Community Meeting held on Monday 9 November to present options for the Oberon community following the IPART findings in the Fit for the Future process. 6. COMMUNITY ACTIVITY, REGIONAL ISSUES and OTHER MEETINGS (October 2015) The following is a summary of meetings attended by the General Manager. 1. Seniors Welfare Committee Meeting – 22 Oct 2. Community Services Committee Meeting – 22 Oct 3. Meet with Mayor and Anne Tucker, Columbia Aged Care – 23 Oct 4. Meet with Mayor, Lithgow Mayor Maree Stratham and General Manager Roger Bailey – 27 Oct 5. Daffodil Fairies – 28 Oct 6. Meet with Mayor, Bathurst Mayor Gary Rush and General Manager David Sherley – 28 Oct 7. Oberon Correctional Centre Community Consultative Committee Meeting – 28 Oct 8. GMAC Meeting in Orange – 29 Oct 9. Centroc Advocacy Meeting attended with Mayor – 29 Oct 10. Phone conference with UTS Centre for Local Government – 2 Nov 11. Meet with Mayor and Paul Hennessey re Anti-Amalgamation – 2 Nov


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12. Meeting with Local Government NSW – 4 Nov 13. Country Mayors Association Meeting, accompanied Deputy Mayor Kerry Gibbons – 5 Nov 14. Councillor Workshop – 5 Nov 15. Brett Jackson – Fire and Rescue re NSW F & R & RFS boundaries – 6 Nov 16. Community Meeting – 9 Nov 17. TCorp presentation – 10 Nov 18. Meeting with Tony Preston & John Borg – 10 Nov 19. Finance Committee Meeting – 10 Nov 20. Councillor Informal Briefing Session – 10 Nov 21. Phone conference with Councillors, Management Staff and Nichole Campbell UTS re

community meeting outcomes – 10 Nov 22. Phone conference with Peter Sparkes LLS regarding strategic planning – 11 Nov 23. Remembrance Day Service – 11 Nov 24. OBTA – 11 Nov 7. PROPERTY MATERS HATHAWAY COTTAGE – over the past month two interested parties have inspected Hathaway Cottages in the view of a potential purchase. Staff have provided information to prospective interested parties and are awaiting a response. Any further information will be reported to Council. 14.02 MONTHLY ACTIVITY REPORT – PLANNING AND DEVELOPMENT

File: Governance/Meetings/Ordinary Author: Jaclyn Burns, Acting Planning and Development Director Summary Providing details of major work within the Planning & Development Department for October and November and provide information on statistics of work that has occurred in September. Recommendation: That report item 14.02 is received as information. Comment 1. Planned Activity for October SWIMMING POOL ROOF ENCLOSURE – work on the roof structure over the pool has been has been mostly completed prior to the start of the swim season which commenced on the 6th November. There are still a number of smaller internal and external works scheduled to be completed. The delays have primarily related to unforseen drainage issues, weather and contract issues. OBERON WASTE FACILITY / RECYCLING –the Waste Strategy for Oberon is close to completion and staff continue to work with Bob Bailey to complete this strategic work. The strategy will detail current and future needs in dealing with and minimising waste. A review of the Contract for the Oberon Kerbside Waste Collection is currently being reviewed looking at future options such as an extension time for an ongoing contract. This will enable a


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more flexible arrangement with the chosen Contractor as a result of any future waste strategies. The contract will be placed on tender imminently. A Kerbside Bulky Waste Collection has been completed with approximately 14.13 Tonne of metal and 38.85 Tonne of waste collected and taken to the Oberon Waste Facility. Once again the collection was well utilised by the community. STRATEGIC PLANNING – Clarification has been provided from the proponent regarding the Titania Estate Planning Proposal and forwarded to the required agencies. It is expected that a response will be provided to Council to complete the Gateway assessment next months. The boundary adjustment Planning Proposal is due to be publicly exhibited for 28 days with Council being granted authorisation to exercise its delegation to make this plan. COMPLIANCE – Council offers recently met with a representative of Australian Native Landscapes and the Environmental Protection Authority (EPA) to discuss ongoing management of the processing facility in Endeavour Street. The inspection was undertaken to see the progression of activities on site in accordance with conditions of development consent and EPA license conditions. COMPANION ANIMALS – Council staff are currently reviewing the role and responsibilities of its Animal Control Officers after the recent resignation of one of its officer’s. As part of this review, Staff will investigate current practices and determine the level of service required to better support the community’s requirements and expectations in accordance with current legislative controls. 2. Status of Council Decisions

Minute Number Action Taken

30160413 Waste Less Recycle More

Councillor Workshop held 9/12/14. Recycling Area established September 2015 Draft Waste Strategy developed Report to be drafted for December Meeting

Matter Ongoing16190515 280 Burroughs Crossing Rd,

Information forwarded to DPE for amendment Delegate has signed the amendment on behalf of Minister. Oberon LEP has been amended and Gazetted.

Matter Finalised DA 10.2015.65.1-Shed and Carport

Variation to the DCP- Approved by Council 20 October 2015 Approval sent Matter Finalised

DA 10.2015.66.1-Shed

Variation to the DCP-Approved by Council 20 October 2015 Approval sent Matter Finalised

13 180815 Planning Proposal Oberon

Oberon LEP 2013 Planning Proposal – Boundary Adjustments Proposal to be advertised in November

. Matter Ongoing

13 150915 Heritage Committee

No recommendations made Actions to be completed by Committee members

Matter Ongoing


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3. Determinations The following Applications and Certificates were determined in October 2015

Type of Application/Certificate Number Approved

Development Applications 10

Construction Certificates 8

Complying Development Certificates 0

Section 68 Applications 8

Subdivision Certificates 2

Determinations October 2015 (S.101 E.P. & A. Act.) REF NO. DEVELOPMENT TYPE STREET ADDRESS

19.2015.40.1 On-going use- to operate on-site waste water system 397 Dreves Road MOUNT OLIVE

10.2015.53.2 Modification-earthworks and siting of temporary storage containers 60-71 Hawken Street OBERON

19.2015.38.1 On-going use- to operate on-site waste water 29 Connection Road ISABELLA

19.2015.20.1 Modify on-site waste water 42 Edith Road JENOLAN 10.2015.56.1 11.2015.56.1 19.2015.29.1

Dual Occupancy--Stage one footing & on-site waste water 705 Beaconsfield Road ESSINGTON

10.2015.55.1 11.2015.55.1 19.2015.28.1

Dwelling, pool, tennis court and on-site waste water

25 Bundaleer Road O’CONNELL

15.2014.28.2 Subdivision Certificate for staged release Lot 5 3397 O’Connell Road O”CONNELL

11.2011.75.2 Fit out of commercial kitchen 26 Bligh Street OBERON 10.2015.62.1 11.2015.62.1 Alteration and additions to dwelling 24 Bligh Street OBERON

19.2015.17.2 Modification to on-site waste water 1700 Mutton Falls Road O’CONNELL

10.2015.52.1 Demolition and remediation 96-98 Queen Street OBERON 10.2015.66.1 11.2015.66.1 Garage 125 Curtis Street OBERON

15.2007.132.1 Subdivision Certificate for staged-release of Lot 1

53 O’Connell Plains Road O’CONNELL

19.2015.45.1 On-going use on-site waste water 95 Abercrombie Road OBERON

10.2007.204.7 Modification to extend trading hours 570 Mayfield Road MAYFIELD 10.2015.68.1 11.2015.68.1 20.15.11.1 Dwelling and connection to sewer 7 Parkes Street OBERON 10.2015.57.1 11.2015.57.1 19.2015.31.1 Dwelling and on-site waste water

2000 Abercrombie Road BLACK SPRINGS

10.2015.70.1 11.2015.70.1 Alterations – re-roofing the Chemist 133-135 Oberon Street OBERON


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Copies of determinations are available for inspection at Council’s Administration Centre. Total fees for Applications during October 2015 were $17497.92. The year to date income is $83,839.55 which is 84.7% of the total income ($99,000) estimated and is 43% ahead of monthly predictions. 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.

4. 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 October the following Certificates were issued:

0

10

20

30

40

January

February

March

April

May

June

July

August

September

October

November

Decem

ber

Number of ap

plications

Month

Number of Applications Lodged

2015 Applications

2014 Applications

0

50

100

150

200

250

300

Number of ap

plications

Month

Number of Applications Accumulated

2015

2014


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CERTIFICATES

NUMBER ISSUED

SECTION 149(2) AND (5) PLANNING CERTIFICATES Environmental Planning and Assessment Act, 1979

15

SECTION 735A CERTIFICATES AS TO NOTICES Local Government Act, 1993.

4

SECTION 121ZP CERTIFICATES AS TO ORDERS Environmental Planning and Assessment Act, 1797

3

SECTION 149D BUILDING CERTIFICATES Environmental Planning and Assessment Act, 1979

1

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.

5. Oberon Animal Pound The following are details of activity at the Animal Pound in October 2015

0

10

20

30

40

50

60

70

80

January

February

March

April

May

June

July

August

September

October

November

Decem

ber

Certificates for 2014/2015

Building Certificate

121ZP

735A

149's

Total certificates2014

02468101214161820

January

February

March

April

May

June

July

August

September

October

November

Decem

ber

Number of Anim

als

Month

Number of cats and dogs impounded 2014/2015

2015 Carried Over

2015 Dogs

2015 Cats

2014 Cats & Dogs total


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In October there were no Dangerous Dog Declarations, no Dangerous Dog Orders or Notice of Intentions to declare a dog dangerous issued. 6. Miscellaneous Matters

Various inspections, including building inspections, health inspections, environmental inspections and complaints were conducted during October 2015.

TYPE OF INSPECTIONS NUMBER

Building Inspections 41

Food Inspections 0

Environmental Inspections (Air, Noise and Water Pollution) 1

Subdivisions Certificate Inspections 2

Complaints (Including Animal Control) 4

Building Maintenance Inspections 21

7. Swimming Pool The 2015/16 Swim Season began on 6 November 2015. Completion of works associated to the Swimming Pool Roof Enclosure are ongoing. 8. Waste The FREE voucher scheme has now been sent out. To date, 24 vouchers have been utilised. This is envisaged to increase now that the FREE tip day in September has been undertaken. Increased use of the recycling centre in North Street indicates that the residents of the Oberon LGA are embracing the recycling message. Staff continue to consider new ideas to promote the recycling message. 14.03 MONTHLY ACTIVITY REPORT - WORKS AND ENGINEERING

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Works and Engineering Director Summary Providing a summary of the major work in the Works & Engineering Department for the month of October 2015 and including scheduled work for the coming months. Recommendation: That report item 14.03 is received as information. Comment 1. UPCOMING/PLANNED WORKS The following works will commence during the next month: Maintenance grading is scheduled for the Six Foot Track. Approximately 4kms of line marking around Oberon town will be completed under the “2015/

2016 West Traffic Efficiency Infrastructure Funding”. 50/50 Funding RMS & Council.


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RMS REPAIR Program widening earthworks on Edith Rd continues and is road pavement works are scheduled to commence January 2016.

Machinery will be pushing up raw gravel at Whalan’s Pit for use on the Edith Rd shoulders. Storm Water drainage works on Lowes Mount Rd near the Borg Panels complex. O’Connell Avenue of Trees arborist work will take place. MR253 RMS works on rehabilitation of the road pavement on ‘The Avenue’ at O’Connell. Storm water upgrades at the Oberon Pool Complex. Downer EDI & Council staff will undertake works to reinstate the railway crossing on Lowes

Mount Rd for the Oberon Tarana Heritage Railway. MR54 at Trunkey earthworks are complete and a final seal is scheduled for 17 November. Hazelgrove Rd final grading is being undertaken in preparation for bitumen seal in November. Carlwood Rd final grading will be undertaken in preparation for bitumen seal in November. Dog Rocks Road commencement of 2.9km of road works to be completed by late December. Edith Road – maintenance improvements to the visitor pull up area for buses along the edge of

the Common. Finalisation of the work on the Edith Road Subdivision. Parks & Gardens woks to Apex Park, The Common in conjunction with the Daffodil Fairies. Streets Maintenance Programs – Mowing, Weeds Spraying and garden works. Roadside Shoulder Spraying – eradication of noxious weeds and roadside grass on shoulders

up to 1.5m 2. ACTIONING COUNCIL DECISIONS The actions resulting from the October Council Meeting to be done by the Works and Engineering Director is summarised below: Resolution Number Summary/Progress 16 201015 That formal checks of ALL businesses be conducted to ensure compliance in

accordance with Section 68 of the Local Government Act 1993. Further ensuring that Liquid Trade Waste is appropriately controlled and discharged to Oberon Councils Sewerage Reticulation System and Treatment Headwork’s in an acceptable state.

Consultants completing inspections 19 201015

That the General Manager and Works & Engineering Director be delegated authority to sign all documents associated with the submission of a Development Application to allow construction, subject to Planning and Building Approval/s.

Draft plans awaiting heritage assessment 3. WORKS ON LOCAL ROADS, BRIDGES, PARKS AND SIGNIFICANT PRIVATE WORKS

DURING OCTOBER.

LIRS FUNDED WORKS have been carried out on the following roads: Hazelgrove Rd – widening, drainage and gravel re-sheeting. Carlwood Road – widening, drainage and gravel re-sheeting. Springmount Rd - to commence this month, widening pinch points, drainage and gravel re-

sheet. Edith Road construction works have been ongoing with shoulder widening work taking place. The RMS RMCC project on MR54 at Trunkey Rd is ongoing with a final seal scheduled for 17 November and line marking and guidepost placement to be finalised by 15 December 2015. O’Connell Rd heavy patching is scheduled to commence 17 November with a detour in place during work hours via Box Flat Rd and Beaconsfield Rd.


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Earthworks and drainage works have been undertaken on Carlwood and Edith Roads. Footpath upgrades, top dressing and seeding of the grounds, new stormwater connections and general maintenance in and around the Oberon Pool Complex was completed. Mowing, pruning and ground maintenance has continued at various parks and gardens, and including tree pruning along town streets and lanes. PRIVATE WORKS The Low Loader undertook 4 Private Works during October. The grader undertook a private works and crews cleaned an allotment of land in Stevenson Close. The total invoiced for Private Works in October was $2,030.50. 4. WORKS FOR ROADS AND MARITIME SERVICES (RMS) Work on MR54 at Trunkey is ongoing. Stabilisation work did commence on 9 November 2015, and was completed in 5 days. Tree trimming on the O’Connell Rd at the Avenue of Trees will commence from 9 November 2015. Rehabilitation work on approximately 700 metres of O’Connell Rd at the Avenue of Trees will commence from 17 November 2015. Works will take place Monday’s to Friday’s 7.00am to 6.00pm and Saturday’s 7.00am to 1.00pm. During works a detour via Box Flat Rd and Beaconsfield Rd will be in place. A variable message sign is in place advising motorists or the future works proposed and a media release has also been arranged. 5. WORKS ON TOWN IMPROVEMENTS During October the following Town Improvement tasks were undertaken:

Footpath upgrades, top dressing and seeding of the grounds, new stormwater connections and general maintenance in and around the Oberon Pool Complex was completed.

6. ROAD INSPECTIONS The following roads were re-inspected or made safe in October:

Road Name Starting From Going ToDate of

InspectionHazard Type

Re‐

Inspection

Date

Make Safe or

Repaired

Murrays Lane Abercrombie Rd Mozart Rd 27/10/2015Potholes, Road Surface, Signage and

Furniture (wash, new left & right bend signs

Burraga Rd Bathurst Shire Burraga 6/10/2015Loose or Spilled; Potholes; Shoving or

Failures6/10/2015

6/10/2015 (loose

surface and

potholes)

Edith Rd Oberon StKanangra Walls

Rd29/09/2015 Potholes; Shoving or Failures 29/09/2015

7/10/15

(Potholes)

Titania Rd Edith Rd Duckmaloi Rd 29/09/2015 Potholes; Shoving or Failures 29/09/20157/10/15

(Potholes)

Lowes Mount Rd North St Mutton Falls Rd 17/09/2015Loose or Spilled; Potholes; Shoving or

Failures; Signage and Furniture1/10/2015 1/10/2015

Mount David RdCampbells River

RdBurraga Rd 18/03/2015

Loose or Spilled; Shoving or Failures; Signage

and Furniture9/10/2015 9/10/2015

Kanangra Walls Rd Edith Rd The End 17/11/2014 Potholes; Road Surface; Other (drainage) 13/10/2015 13/10/2015

Arkstone Rd Burraga unsealed section 24/03/2015Potholes; Shoving or Failures; Edge Drop;

Other (drainage; biddy bush)13/10/2015 13/10/2015

Sloggetts Rd Abercrombie Rd The End 1/09/2015 Road Surface 13/10/2015 13/10/2015


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7. HEAVY PLANT MAINTENANCE The following plant was serviced during the month of October:

Repairs to heavy earthmoving plant were:

Repairs to RFS Plant were:

DATE PLANT KMS/HRS

1/10/2015 # 2 ‐ CAT 12H GRADER 11750 HRS

7/10/2015 # 93 ‐ TOYOTA HILUX 4X4 100000 KMS

8/10/2015 # 23 ‐ CAT CS563E ROLLER 6000 HRS

9/10/2015 # 46 ‐ ISUZU WATER CART 20000 KMS

15/10/2015 # 54 ‐ MACK TRIDENT TIPPER FIRST SERVICE ‐ SYDNEY

15/10/2015 # 55 ‐ SLOANEBUILT DOG TRAILER FIRST SERVICE ‐ SYDNEY

15/10/2015 # 52 ‐ HINO TIPPER 30000 KMS

20/10/2015 # 25 ‐ CAT CS563E ROLLER 6000 HRS

20/10/2015 # 51 ‐ WESTERN STAR TRUCK

21/10/2015 # 58 ‐ WESTERN STAR TRUCK 7250 HRS

22/10/20105 # 8 ‐ CAT 324DL EXCAVATOR 3000 HRS

DATE PLANT DESCRIPTION OF WORK

1/10/2015 # 2 ‐ CAT 12H GRADER REPLACE HYDRAULIC HOSE TO LEAN WHEEL

6/10/2015 # 20 ‐ VERMEER WOOD CHIPPER ROTATE CHIPPER BLADES

6/10/2015 # 10 ‐ CAT 432E BACKHOE REPLACE FRONT TYRES

8/10/2015 # 23 ‐ CAT CS563E ROLLER REPLACE BRUM MOUNT RUBBERS

13/10/2015 # 80 ‐ MITSUBISHI TRITON 4X4 FIT FUEL TANK & UHF RADIO

13/10/2015 # 48 ‐ ISUZU 8 TON TIPPER PTO PROBLEM AT TRUNKEY CK JOB

13/10/2015 # 25 ‐ CAT CS563E ROLLER AIR CONDITIONING PROBLEM AT KANANGRA WALLS

14/10/2015 # 7 ‐ CAT D7R DOZER REPLACE TURBO PRESSURE SENSOR

15/10/2015 # 2 ‐ CAT 12H GRADER FLAT TYRE BEACONSFIELD RD

16/10/2015 # 52 ‐ HINO TIPPER REPAIR TAIL GATE

16/10/2015 # 8 ‐ CAT 324DL EXCAVATOR REPLACE TILT CYLINDER ON TILT BUCKET

20/10/2015 # 4 ‐ CAT 12M GRADER REPLACE CROWNWHEEL & PINION ‐ BLADE CIRCLE BOX

20/10/2015 # 51 ‐ WESTERN STAR TRUCK REPLACE AIR CONDITIONING EVAPORATOR

20/10/2015 # 58 ‐ WESTERN STAR TRUCK REPLACE 2X DRIVE TYRES

20/10/2015 # 50 ‐ WESTERN STAR TRUCK REPLACE BATTERIES

23/10/2015 # 90 ‐ TOYOTA HILUX CREW CAB 4X4 FIT FUEL TANK & UHF RADIO

28/10/2015 # 7 ‐ CAT D7R DOZER REPLACE BLADE TILT HOSE

29/10/2015 # 2 ‐ CAT 12H GRADER REMOVE TRANSMISSION

DATE VEHICLE

7/10/2015 BFO 4780

21/10/2015 BFO 4846 SERVICE

SERVICE / 4 X TYRES / WHEEL ALIGHNMENT

DESCRIPTION OF WORK


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General work undertaken by the workshop:

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

8/10/2015 On-site meeting with Downer EDI work at Black Springs. 12/10/2015 Meeting with Crennan Legal regarding the Falson access 15/10/2015 On-site meeting with Downer EDI regarding work Black Springs. 20/10/2015 RFS Chifley Zone Liaison Committee Oberon 22/10/2015 On-site meeting with Pripet Pty Ltd regarding DA 27/10/2015 Centroc Road Freight Transport meeting in Orange 27/10/2015 O’Connell Active Transport Strategy 28/10/2015 Daffodil Fairies Progress Meeting

14.04 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES

File No: Governance/Meetings/Ordinary/November 2015 Author: Lynette Safranek, Finance and Community Services Director Summary This report provides a summary of major work within the Finance and Community Services Department during October 2015, plus planned activities for the following months. Recommendation: That report item 14.04 is received as information. Comment 1. PLANNED ACTIVITIES FOR NOVEMBER AND DECEMBER Beyond the Range Website Launch, Centroc Health Workforce Group Oberon Community Public Meeting for FFTF Finance Committee Meeting TCorp Meeting UTS – Grad Dip in LG Management: Strategic Planning Oberon Interagency Meeting Local Government IT Conference (IT/GIS Coordinator) Civica Conference Regional Youth Development Meeting (CS Coordinator) Internal Audit – Oberon/Lithgow/Mid-Western Councils

1/10/2015 NEW TORO MOWER DELIVERED ‐ PLANT #30

1/10/2015 NEW TOYOTA RAV 4 DELIVERED ‐ PLANT #73

12/10/2015 NEW MITSUBISHI TRITON DELIVERED ‐ PLANT # 80

16/10/2015 NEW MITSUBISHI TRITON DELIVERED ‐ PLANT # 83

16/10/2015 NEW ISUZU 2 TON TIPPER DELIVERED ‐ PLANT # 44

22/10/2015 NEW TOYOTA HILUX DELIVERED ‐ PLANT # 90

30/10/2015 NEW HINO CREW CAB DELIVERED ‐ PLANT # 88

30/10/2015 NEW HINO CREW CAB DELIVERED ‐ PLANT # 91


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2. STATUS OF COUNCIL DECISIONS – Completed and Outstanding

Minute Number Summary/Progress

15 September 2015 ORDINARY COUNCIL MEETING

15 150915 Reports put on display and Report Item to Council Meeting 20/10/2015

- Completed

20 October 2015 ORDINARY COUNCIL MEETING

04 201015 Skate Park Sub-Committee to promote the designs and locations

- Refer Community Services section of this report

13 201015 Black Springs Community Hall Committee Charter amendment

- Charter amended and will be presented at the next meeting on 18 November

14 201015 Revised Operational Plan 2015/2016 adopted and amended QBRS

- Amendment to QBRS for Town Improvement adjustment completed

15 201015 Finance Committee held on 10 November and Audited Financial Statements present to Council at 17 November meeting

- Finance Committee held on 10 November - Auditor due to attend Council meeting to present Audited Financial Statements

27 201015 IAB investigation result to be forwarded to Office of Local Government for further investigation as recommended

- Completed

3. FINANCE The Finance team completed the 2014/15 Financial Year Audit with Crowe Horwath. The Audit has identified areas of improvement for the team to work on during this financial year. They include monthly reconciliations; inventory entry into Civica immediately after stocktake; development of record retention policy to include how and where the Asset information is maintained and how it is accessed; and accounting department staffing assessment to ensure it is properly staff with qualified personnel ad adequately staff with enough personnel to process transactions in a timely and efficient manner. Despite the Finance area being without a Finance Coordinator and Management Accountant for a substantial period during the second half of the financial year, the remainder of the Finance team have worked hard at picking up the extra workload to ensure that Council’s operations continued. As part of the Internal Audit Committee, Grant Thornton has worked with the Executive Management Team to develop a Risk Profile as part of our 3 Year Internal Audit Strategy to ensure that we fulfil our Statutory Requirements (copy FOLLOWS). The Strategy will be discussed at the upcoming Internal Audit meeting scheduled for 9 December. During October Council issued thirteen (13) 603 Certificates were issued and one Special Water reading took place. Following are the Rates and Charges collected as at 31 October 2015.


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Farmland Residential Rural Residential

Non‐urban Centre

Business Total

Brought forward 30 Jun 2015

$142,005 $176,363 $22,472 $9,515 $32,103 $382,458

Current Levy $1,699,571 $2,054,465 $526,611 $168,426 $575,638 $5,024,710

Payments, concessions and interest

‐$766,341 ‐$822,339 ‐$256,805 ‐$81,898 ‐$310,271 ‐$2,237,66

Balance outstanding

$1,075,235 $1,408,489 $292,279 $96,043 $297,470 $3,169,515

Overpayments ‐$13,703

Legal charges $1,475

Total rates outstanding

$3,157,287

Collected @ October 2015

42% 37% 47% 46% 51% 41%

4. INFORMATION TECHNOLOGY During October, the Information Technology/GIS Coordinator has worked on the following matters, in addition to the daily support provided to staff:

Centroc Telecommunications Tender (Finance Committee report 05.01 on 10 November 2015). Council currently has analogue telephone system that is being switched off in June 2016. This tender has worked to source a new provider who will provide a digital telecommunications system with hardware to match, at the best value for money. The successful tender was Uplinx.

Assistance with External Audit in ensuring that the Auditor and staff were able to access information from the Citrix platform in an efficient manner.

Participation at the in-house Civica BIS training. Coordination of Council’s mobile phone refresh program (Finance Committee report 05.04

on 10 November 2015). 5. GRANTS UPDATE Grant Applications and Submissions The Highlands Steam and Vintage Fair were successful with their Expression of Interest (EOI) to the Regional Flagships Events Program from Destination NSW and were invited to submit a full application. The Regional Flagships Events program provides funding to assist in marketing and promotion costs for regional events that promote overnight tourism to the region. A full application has been lodged for $10,000 of funding to rebrand and revitalise the Steam Fair with a distinctive logo, slogan and possibly a new name which will help to position the Steam Fair as a unique heritage event in the regional tourism market place. Funding will also be used for media advertising and promotion of the steam fair to a wider audience of heritage enthusiasts. The Oberon Show Society was successful in the Expression of Interest stage of the Federal Department of Infrastructure and Regional Development’s Stronger Communities Programme and has been invited to submit a full application for their Terraced Spectator Seating Project at the Oberon Showground. Total project cost is $14,100, grant requested is $7,040. The following table summarises the status of current grant applications.


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External Grants

Submitted Details/Description of Project Grant Program Grant

Amount Status

07 Aug 2015 Upgrade Facilities Burraga Sport & Rec Club

Community Building Partnerships

$10,000 Pending

07 Aug 2015 Canteen upgrade Recreation Ground-Oberon Soccer Club


$1,222 Pending

07 Aug 2015 Kitchen Upgrade at Oberon Showground


$12,488 Pending

30 Sep 2015 Women Weavers of the West workshop

Country Arts Support Program

$1,980 Pending

25 Oct 2015 Marketing of Highlands Steam and Vintage Fair

Regional Flagships Events Program Destination NSW

$10,000 Pending

22 Oct 2015 Grassed Terraced Seating at Oberon Showground

Stronger Communities Programme

$7,040 Pending

Internal Grants

Submitted Details/Description of Project Grant Program Grant Amount Status

07 Aug 2015 Redevelopment of Oberon Swimming Pool Forecourt

Community

Building Partnerships

$15,000 Pending

26 Aug 2015 Seniors Week 2016

Cinema for Seniors

Seniors Week Grants $1,000 Pending

18 Aug 2015 Landfill Environmental Improvement Grants- Oberon Waste Facility

EPA Waste Less Recycle More

$102,365

Pending

28 July 2015 Abercrombie Rd Paling Yards Abercrombie River

Black Spot Rd Funding RMS

$1,176,500 Pending

28 July 2015 Abercrombie Rd Hanrahan’s Lane

Black Spot Rd Funding RMS

$ 2,201,000 Pending

31 Aug 2015 Upgrade of Sewage Treatment Works

Regional Water and Waste Water Backlog Restart NSW. Total cost $12m

$6 million over 5 years

EOI stage

18 Sept 2015 Willow clearing and rehabilitation river bank

Green Army $10,000 Pending

Grant applications in progress An application for funding from the Cancer institutes Evidence to Practice Grants Programme is being prepared for shade shelters for the Children’s Playground at The Common, the Visitors Information Centre ‘Noodling Patch Area’; the Cunningham Oval Playground and the Playground at the front area of the Swimming Pool Complex.

Grant Project Implementation The Oberon Active Transport Plan project being conducted by GTA consultants is progressing well and is due for completion by the end of the year. This plan will position Council to apply for grant


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funding to upgrade footpaths, construct bike paths and install bike racks and signage under a range of programme including the Stronger Communities Programme which has a particular focus on this type of community infrastructure. The O’Connell Bike Plan project funded by Roads and Maritime Services (RMS) has now commenced. This study is being conducted by GTA Consultants the same company who are conducting the Active Transport Plan for Oberon, Black Springs and Burraga. A community consultation meeting was held at O’Connell on 27 October 2015 which was attended by 20 local residents and stakeholders. The O’Connell community are requesting infrastructure improvements that will:

Allow pedestrian and cycle access across the Fish River Bridge Create a walking track along the river bank that will link the O’Connell Pub with the Fish

River Bridge Widen road shoulders in the O’Connell village area to allow for walking and cycling Provide access for students at the O’Connell School to the Fish River as part of their

environmental studies program Construct a Pedestrian Refuge across the O’Connell Road near the pub Facilitate an application to the RMS to reduce the 60 km speed zone through the village to

a 50km speed limit Improve sight distances in the triangular route of Box Flat Road, Beaconsfield Rd and

O’Connell Rd which is used as a walking and cycling route by local residents. Improve safety and access to the O’Connell Bus Interchange

These recommendations will form part of the GTA O’Connell Bike Plan. Drafts of both the O’Connell Bike Plan and the Oberon Active Transport plan will be available for public exhibition towards the end of 2015. 6. COMMUNITY SERVICES Library The Library Assistant position was advertised and interviews held on 28 October. An offer has been made and if accepted, the successful applicant will start shortly. School Holiday Activities program is being planned for January, with a couple of new and interesting activities. A travelling Bug Show, a trip to Bathurst Ten Pin Bowling and a Movie are some of the activities being planned. The Oberon Needleworkers displayed their amazing creations at the Community Display Space. They added new items to the display each week. This display created an enormous amount of interest from the community with many coming back for a second and third time to see the new additions. Lost Worlds await discovery in this year’s Summer Reading Club at the Oberon Council Library. Underwater worlds, alternate universes, epic adventures, mythical creatures and so much more – what will you discover? The program starts in mid December and runs through until January, concluding with a celebratory afternoon and prize draw. This is an excellent program for engaging children and young people during the summer holidays. Welcome to Oberon Initiative The Community Services Staff are organising a series of morning/afternoon teas to welcome new residents to Oberon. Community members will be invited to bring along a new neighbour or someone new they know in Oberon, for the purpose of meeting new people and getting to know the range of community activities available in the town. Organisations such as Rotary, FOOLS,


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U3A, and the Arts Council can promote themselves at the events. The first Welcome to Oberon event is planned for Wednesday 16 December at the Community Centre from 5.30pm. Community Transport The Taxi Scheme Vouchers have been increasing in popularity within the Oberon Community. Oberon Community Transport has recorded 135 HACC trips, 254 CTP trips, and 3,461 CTP (Transport Disadvantaged) trips. An Oberon Christmas Lights bus trip is being organised for December (date to be confirmed). Lithgow Community Transport has organised a Christmas Dinner for Volunteer Drivers from Lithgow and Oberon on Friday 20 November. The Community Transport vehicle will be on display at the Oberon Farmers Market on Saturday 7 November in an attempt to attract future clients. Meals on Wheels Bathurst Meals on Wheels have appointed Vicki Walsh at the Oberon Meals on Wheels Liaison Officer. Vicki took over the coordination of services from Council Community Services staff on 20 October 2015. Council are providing Oberon Meals on Wheels with an office at the Visitor Information Centre to assist with retaining this service in Oberon. Oberon Youth Council Skate Park Sub-Committee Following Liam and Jake’s presentation to the Oberon October meeting, the OYC Skate Park Sub Committee has displayed the proposed designs and locations at the Tarana Markets, and will be at the Oberon Farmers Markets on 7 November, as well as an information evening (with sausage sizzle) on 11 November from 6pm at the Oberon Community Centre. The OYC members accepted the offer by the Australia Day Committee to provide morning tea at the Oberon Australia Day function in 2016. The next meeting of the OYC will be held on 1st December from 5.30pm in the Council Chambers.

Notes:

Oberon Council

Three Year Internal Audit Strategy & 2015/16 Internal Audit Plan

October 2015

2

Table of Contents

Executive Summary 3

Three Year Internal Audit Strategy 5

12 Month Internal Audit Plan for 2015/ 2016 7

Appendix 1 – Linking to your Risk Profile 9

Authors:

Mark Griffiths – Partner

Seyonne Kidnapillai – Manager

Ricardo Muliadi – Senior Consultant

Review Date: October 2015

To: Audit Committee

Cc: Alain Cairney – General Manager

Lynette Safranek – Finance & Community Services Director

3

Executive Summary

In accordance with our proposal to provide the Internal Audit function for Oberon Council

(Council) for a 3 year period, Grant Thornton has prepared a 3-Year Internal Audit Strategy.

From this Strategy, a detailed 12 month Internal Audit Plan has been developed which sets out the

proposed indicative scope and work days for the Internal Audit reviews planned reviews for the

period to 30 June 2016.

The Strategy was developed based on the consideration of the following:

Individual discussions with the General Manager and Executive Management Team as part of the

Enterprise Risk Management (ERM) assessment

Council’s risk profile, as developed from the ERM assessment (i.e. Risk Register)

Our current understanding of Council’s business strategy and supporting core business processes

Current known high risk areas within the Local Government sector

Council’s Risk Environment

A total of 38 key risks were identified and rated by Council Management within its Risk Register. The

following table summarises the assessed inherent risk ratings (i.e. assessment prior to consideration

of controls in place):

Extreme High Medium Low

Number of Risks 17 11 9 1

Residual risks (i.e. risks mitigated or eliminated by controls) were also rated by Council management

during the ERM assessment. The graphs below outline the inherent v residual risks for the Council.

It is positive that there is a significant downward shift in the risk ratings with the majority being

considered as “Medium” to “Low” following consideration of the controls in place. Appendix 1

details Council’s Risk Register ranked by Inherent risk ratings (Extreme to Medium).

17

11

9 1

Inherent Risk

Extreme

High

Medium

Low

1 2

26

2

Residual Risk

Extreme

High

Medium

Low

4

The Strategy and Plan are included within this report for review and approval by the Audit

Committee.

Yours faithfully GRANT THORNTON AUSTRALIA LIMITED

Mark Griffiths

Partner – Business Risk Services

5

Three Year Internal Audit Strategy

In devising Oberon Council’s 3-Year Internal Audit Strategy, Grant Thornton has utilised the

outputs from the Enterprise Risk Management Assessment conducted i.e. Council’s Risk Register –

see Appendix 1.

Risks identified as having an “Extreme” Inherent risk rating with a “High” or “Medium” Residual

risk rating were identified as being the priority risks that could be potentially subject to a 3-Year

Internal Audit Plan.

However due to the size, diverse range of Council operations and available budget for Internal Audit

there are some risks with no Internal Audit coverage within the Strategy. This is not considered to be

a significant issue, however the Audit Committee needs to consider whether this is appropriate when

reviewing and approving the 3-Year Strategy.

The indicative 3-Year Internal Audit Strategy is detailed below.

Key:

Identified to be completed by Internal Audit

- Area not covered by Internal Audit in that period

Ref # Auditable Areas

Proposed Timing

15 / 16 16 / 17 17 / 18

1. Finance & Community

1.1 Procurement - -

1.2 Accounts Payable - -

1.3 IT General Controls - -

1.4 General Financial Controls - -

1.5 Work Health and Safety - - -

1.6 Stores (Inventory Management) - -

1.7 Budgeting - - -

2. Planning and Development

2.1 Animal and Livestock Control - -

6

Ref # Auditable Areas

Proposed Timing

15 / 16 16 / 17 17 / 18

2.2 Regulatory Enforcement and Compliance - - -

3. Works and Engineering

3.1 Loss of Water & Sewer Services, Breach of Dam Safety & Water Contamination

- - -

3.2 Plant and Fleet Review - - -

3.3 Environmental Compliance Review - - -

3.4 Building & Facilities Management - - -

3.5 Planning Controls & Decisions - - -

3.6 Waste Management - - -

3.7 Certificates - - -

3.8 Asset Management – Key Infrastructure - - -

4. General

4.1 Contract/Project Management - - -

4.2 Governance & Legal - - -

4.3 Business Continuity Plan and Disaster Recovery Plan - -

4.4 Payroll - -

4.5 Risk Management Framework - - -

4.6 Records Management - -

4.7 Tourism Management - - -

4.8 Workforce & Succession Planning, Training and Recruitment - - -

4.9 Events Management - - -

7

12 Month Internal Audit Plan for FY 2015 / 2016

The 12 Month Internal Audit Plan for the period to 30 June 2016 is detailed below. Working with

Management and the Audit Committee, we will regularly appraise the priority of the proposed

reviews and respond accordingly.

The specific objectives, scope and approach for each audit will be agreed with Management

responsible for the process or area subject to Internal Audit. The timing of audit visits will be

coordinated with the Audit Committee meetings.

Audit Area

Indicative Objective & Scope Work Days

Fee ($) Risk Register Reference

Indicative Timing

Procurement The objectives of the review include:

A review of the Council’s Procurement

Control Framework to determine whether it:

o Promotes value for money

o Encourages competition from Suppliers

o Ensures efficient, effective, economical and ethical vendor selection process

o Ensures accountability and transparency during the entire vendor selection process

o Is compliant with applicable legislative and regulatory requirements for local governments.

A review of the Council’s Procurement Control Framework against best practice and guidelines, e.g. NSW Government’s

Procurement Practice Guides.

10 $11,900 35 TBC

Accounts Payable

Review

The objective of the review is to determine whether Council has appropriate controls and processes in place to ensure that:

Purchasing and expense transactions are valid, authorised, recorded accurately and are posted in a timely manner

Accounting records are accurate and complete and that Supplier balances are settled with in the agreed supplier terms.

9 $10,710 35, 32 TBC

8

Audit Area

Indicative Objective & Scope Work Days

Fee ($) Risk Register Reference

Indicative Timing

Stores (Inventory

Management)

The objective of the review is to provide assurance that Council has implemented adequate processes and a robust framework to ensure:

Accurate and complete recording of inventory

Inventory is adequately secured to mitigate risk of theft

Inventory levels have been implemented and are periodically monitored

Re-ordering limits are in place to mitigate risk of inventory outages and to ensure proper cost savings

Inventory is ordered from pre-approved suppliers*

*Procurement processes across Council are

being reviewed in detail as separate review.

9 $10,710 34 TBC

Audit Committee

Reporting

Engagement Partner attendance to all Audit Committee meetings

Internal Audit reports will be submitted to each meeting including, results of completed reviews / audits, a progress update of the Internal Audit Plan and Status Report on Outstanding Audit Findings

6 $7,140

- Quarterly

TOTAL WORK DAYS 34 $40,460

9

Appendix 1 – Linking to your Risk Profile

The following profile is an extract of Council’s Risk Profile, as at October 2015. This risk profile has been used in developing the 3-Year Internal Audit

Strategy to direct Internal Audit effort to those areas of higher risk to Council.

Keys:

Inherent Risk Rating

Extreme

Medium

High

Low

Risk Description Inherent Rating Residual

Rating

Audit Ref

(#)

Risk

Register

Ref.

Lack of a procurement framework resulting in Council not achieving value for money and transparency in supplier selection.

Extreme Extreme 1.1 35

Council left vulnerable due to reliance placed on external providers for IT infrastructure management.

Extreme High 4.3, 4.1,

1.3 28

Risk of non-compliance with WHS legislation resulting in injury or death to Council staff. Extreme Medium 1.5

5

Ineffective waste management (garbage collection/landfills) leading to harm to the environment and harmful impacts on residents.

Extreme Medium 3.6 14

10


Rating

Audit Ref

(#)

Risk

Register

Ref.

Risk of a failure to properly enforce compliance legislation (Food safety, public health, OSMS, protection of the environment and Local Government Act) resulting in death or serious injury to members of the community and the environment.


Ineffective management of swimming pools resulting in death or serious injury to members of the community.


Risk of environmental harm resulting from the widespread growth of weeds as a result of ineffective weed management.

Extreme Medium 3.3

23

Risk of plant and fleet downtime or injury to staff due to lack of maintenance. Extreme Medium 3.2 24

Risk of non-compliance with financial statement reporting, long term financial planning and other statutory requirements resulting in sanctions and reputational damage.


Aging, unreliable and underperforming IT infrastructure resulting in Council being unable to deliver services to the community.


Risk of a lack of effective financial management (i.e. budgeting) affecting Council's long term financial sustainability.


Ineffective management of the store including insufficient inventory levels to meet the needs of Council and loss of goods due to fraud resulting in financial loss.


11


Rating

Audit Ref

(#)

Risk

Register

Ref.

Ineffective project management framework leading to project overruns, cost implications, delays, poor quality work and reputational damage.


Outdated or a lack of planning controls leading to poor design outcomes. Extreme Low 3.5 13

Approval of structures that fail to meet building standards resulting in death or serious injury to a member of the public.

Extreme Low 3.5 18

Risk of improper or inaccurate issue of certificates (e.g. 149, 706, 121ZP and 603) resulting in financial loss or litigation.

Extreme Low 3.7 19

Contamination of potable water resulting in death or illness to members of the community. Extreme Low 3.1 22

Risks associated with a dip in economic activity due to unsustainability in the forestry and timber manufacturing industry impacting residents (i.e. increased unemployment)

High High - 6

Risk of weakened asset infrastructure across Council due to a lack of asset maintenance leading to death or injury to members of the community.

High Medium 3.8 1

Natural disaster or major event resulting in a significant impact on Council operations and ability to continue into the future. E.g. Fire, Snow Storm and Flood.

High Medium 4.3 2

Ineffective HR management relating to recruitment, remuneration, resourcing, succession/workforce planning and training/induction leading to industrial relations activity, loss of staff moral, high turnover, costly recruitment practices and legal proceedings.

High Medium 4.8 8

12


Rating

Audit Ref

(#)

Risk

Register

Ref.

Non-compliance with statutory and legislative requirements e.g. Local Government Act. High Medium 4.2 9

Lack of a risk management framework resulting in an inability to identify, define and monitor risks. High Medium 4.5 11

Risk of injury or death to the public as a result of a dangerous dog attack. High Medium 2.1 12

Risk of localised flooding due to a failure of stormwater drainage system, resulting in harm to the community and the environment.

High Medium 3.1 25

Vulnerability of network systems to external access leading to loss of data and access to data and systems.

High Medium 1.3 30

Fraudulent activities with regards to approving applications (e.g. DAs, zoning and the environment) resulting in significant reputational damage and financial loss.

High Low 3.5 20

Failure of sewer reticulation systems resulting in harm to the environment. High Low 3.1 21

Industrial relations problems and Development Application decisioning resulting in Council being involved in litigation which may subsequently impact on Council's reputation and result in financial loss.

Medium Medium 3.5 3

Ineffective contractor management framework leading to inability to manage performance, quality, compliance with insurance, solvency of contractors and compliance with WHS requirements leading to potential financial impact and loss of Council reputation.

Medium Medium 4.1 4

13


Rating

Audit Ref

(#)

Risk

Register

Ref.

Risk of ineffective tourism management relating to key sites such as Jenolan Caves, Mayfield Gardens and other recreational areas/attractions resulting in financial loss and damage to Council's reputation.

Medium Medium 4.7 10

Fraudulent payments resulting in financial loss. Medium Medium 1.2,1.4,4.4 32

Ineffective debt management resulting in financial loss to Council. Medium Medium 1.4 33

Ineffective events management leading to reputational damage to the Council and injury to a member of the community and staff.


Ineffective records management practices (document management system) leading to information integrity issues, loss of records resulting in process inefficiencies and reputational damage to Council.


Risk of payroll fraud resulting in financial loss impacts, loss of staff morale and reputational damage to Council.

Medium Low 4.4 7

Risk of death or serious injury to community as a result ineffective livestock management. Medium Low 2.1 17

Risk of not capitalising on revenue raising opportunities in relation to Council owned parks resulting in financial impacts.

Low Low 1.7 26


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14.05 STATEMENT OF INVESTMENTS

File No: Financial Management/Investments/Register Author: Lynette Safranek, Finance & Community Services Director Summary Reporting the Statement of Investments as at 31 October 2015. Recommendation: That report item 14.05 is received as information. Comment Interest accrued on investments for the month of October came to $41,986 with an average interest rate of 2.85% performing above the 90 day Bank Bill Swap Rate of 2.17%. Interest receipted for the month of October on Term Deposits matured totalled $20,020.55. US markets for the month of October stock prices were actually up across the board. In its regular statement the US Fed reiterated its stance that a US official rate rise is still on the table for December despite commentators trying to downplay the health of the US economy recently. In other world news elections in Turkey have returned a majority for a single democratic party government which will ensure decisive decision making and be good for the Eurozone economy and the migrant crisis. In Australia, we will are slightly lower as we follow the Wall Street lead. The AUD is trading at around 71.18 to the USD, and commodity prices have fallen back with gold and copper trading at 3 week lows on the back of reduced demand. Despite recent talk of a rate reduction the RBA meeting this month again left the rate unchanged.

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

4.00%

Oberon Council Annualised Monthly Return vs 90 Day BBSW

14/15 90 Day BBSW

14/15 TD % Monthly Return

13/14 90 Day BBSW

13/14 TD % Monthly Return


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At 31 October 2015 $11,865,743.61 was invested, as shown in the following Statement.

Institution Date of

Investment Interest

rate Date of Maturity Value

Cash at Call

CBA Business Online Saver 130,000.00

CBA Business At Call 1,408,796.38

NAB Business Online Saver 319,947.23

Total $1,865,743.61

Active Term Deposits

Rural Bank 28/05/2015 2.90% 3/11/2015 500,000.00

Rural Bank 28/05/2015 2.90% 17/11/2015 500,000.00

Bank of Queensland 2/06/2015 3.00% 2/01/2016 500,000.00

People's Choice 24/06/2015 2.85% 16/12/2015 500,000.00

AMP 14/07/2015 2.90% 12/04/2016 1,000,000.00

NAB 20/07/2015 2.99% 20/01/2016 500,000.00

NAB 20/07/2015 2.94% 19/07/2016 500,000.00

NAB 20/07/2015 2.94% 20/01/2017 500,000.00

NAB 20/07/2015 2.95% 20/02/2017 500,000.00

NAB 20/07/2015 2.95% 20/03/2017 500,000.00

AMP 12/08/2015 2.90% 11/02/2016 500,000.00

AMP 18/08/2015 2.90% 18/02/2016 500,000.00

National Australia Bank 25/08/2015 2.88% 30/11/2015 500,000.00

National Australia Bank 26/08/2015 2.91% 22/02/2016 500,000.00

AMP 3/09/2015 2.90% 1/03/2016 500,000.00

AMP 3/09/2015 2.90% 1/03/2016 500,000.00

IMB 20/10/2015 2.90% 19/01/2016 500,000.00

NAB 20/10/2015 2.92% 19/01/2016 500,000.00

Bankwest 8/10/2015 2.85% 6/01/2016 500,000.00

Total $10,000,000

Total Investments $11,865,743.61

Movements in October saw the maturity of four investments with Bank of Sydney, IMB, Bankwest, and NAB; CDO maturity from FIIG Securities; and the draw down of one investment with People’s Choice.


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Institution Date invested

Rate Maturity date

Amount Interest earned

Bank of Sydney 10/04/2015 3.05% 6/10/2015 500,000.00 7,478.77

IMB 19/05/2015 2.75% 20/10/2015 500,000.00 5,801.37

Bankwest 10/07/2015 2.85% 8/10/2015 500,000.00 3,513.70

NAB 20/07/2015 2.96% 19/10/2015 500,000.00 3,689.86

People's Choice 24/06/2015 2.85% 16/12/2015 500,000.00 -463.15

FIIG Securities - Octagon 25/10/2005 0% 30/10/2015 700,000.00 0

Total Interest earned $20,020.55

The following new deposits were made during the month of October:

IMB 20/10/2015 2.75% 19/01/2015 500,000.00

NAB 20/10/2015 2.92% 19/1/2015 500,000.00

Total $1,000,000.00

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 14.06 WATER AND SEWER PLANT REPORT

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Works and Engineering Director & Richard Robinson, Sewer & Water Plant Operator. Summary A Summary report of Water & Waste Water Activity for the month of October 2015. Recommendation: That report item 14.06 is received as information. Comment 1. WEEKLY OBERON DAM LEVELS The following is a weekly dam level recording for Oberon Dam, conducted by State Water: 09/11/2015 – 64.62% 02/11/2015 - 63.87% 26/10/2015 – 63.60% 19/10/2015 – 63.74% 12/10/2015 – 63.80% 06/10/2015 – 64.01%


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2. WATER CONSUMPTION FROM STATE WATER 01/10/2015 – 04/10/2015 = 6.50ML 05/10/2015 – 11/10/2015 = 12.43ML 12/10/2015 – 18/10/2015 = 11.90ML 19/10/2015 – 25/10/2015 = 10.40ML 26/10/2015 – 31/10/2015 = 8.70ML The total of 49.90ML of raw water for October was consumed from NSW Water. October Average Daily Consumption for Oberon Township 49.90ML/31 Days = 1.60 ML p/d 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 October 2015. 4. SEWER PLANT – WEEKLY PLANT kL INTAKE FOR TREATMENT OF WASTE WATER 01/10/2015 – 04/10/2015 = 3681 Kl 05/10/2015 – 11/10/2015 = 5801 Kl 12/10/2015 – 18/10/2015 = 6188 Kl 19/10/2015 – 25/10/2015 = 5519Kl 26/10/2015 – 31/10/2015 = 5666 Kl Total Waste Water Treatment into Oberon STP was 26,855kL for October. 5. PLANT & INFRASTRUCTURE FAULTS There were no plant or infrastructure faults for the month of October. PLANT UPGRADES AND PRO-ACTIVE MAINTENANCE At the Water Treatment Plant staff conducted monthly servicing on all pumps and the Vacuum Blower. The online instrumentation was calibrated and some clearing of vegetation around the plant took place. At the Waste Water Treatment Plant the framework for the digester has been constructed and will be installed upon suitable weather. The crane section of the framework is currently being constructed. Pipe fittings have arrived for the sludge lagoon pump; this will be completed when weather permits. New brushes have been ordered for the rag removal screw (pro-active maintenance schedule) as the existing brushes are at the end of their useable life. New parts will be installed when they arrive. Monthly oil checks have been completed and greasing of the trickling filter arms have now been completed. Greasing of other pumps and the clarifier have been completed for the month of October. Regular maintenance has been undertaken on the No.1 Duckmaloi Pump Station - clearing rags from well washers, checking inlets are not blocked, checking that pumps are level, as well as giving the wet wells a wash down. Bounty Street & Hawken’s Drive Pump Station’s were inspected with no issues to report during October.


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14.07 ESSENTIAL ENERGY REGIONAL RESTRUCTURE

File: Author: Chris Schumacher, Works and Engineering Director Summary Essential Energy has written to Council to advise that their new regional restructure will place Oberon Council within the Northern Region operations. Recommendation: That the information regarding Essential Energy’s Regional Restructure be received as information. That Council write to Essential Energy outlining its concerns for future maintenance and capital improvements works of its network within the LGA, as a result of the proposed restructure. Comment FOLLOWING is correspondence received from Essential Energy. Essential Energy have previously advised that they have commenced a period of transformation resulting from the Australian Energy Regulators (AER) cuts to their capital and operating programs for 2014-19. This will include reducing the size of their workforce with an initial reduction of 700 unfunded roles and a further 695 positions to be reduced, as well as consolidating some depots and offices. The new regional structure was first introduced on 6 October 2015. Part of this transformation is a regional restructure which outlines their proposal to place Oberon Council LGA within their Northern Region Operations. Immediate concerns that may result as part of this proposed restructure will definitely see a reduction in the number of Essential Energy personnel. In turn presents the very real possibility of impacting on their customers in providing essential services for the Oberon LGA and others into the future.

Notes:


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14.08 CAPITAL CONSTRUCTION PROGRAM UPDATE 2015-2016

File: Author: Chris Schumacher, Works and Engineering Director Summary The report provides Council with a progress report on the current Road Construction Program activity for capital works to be completed within the 2015/2016 financial year. Recommendation: That report item 14.08 be received as information. Comment A Gantt Chart attachment illustrating the Capital Construction program update for 2015/2016 financial year will be tabled at the meeting. The Capital Works Program for the 2015-2016 financial year is very extensive and staff are currently faced with the big challenge to achieve many of this year objectives. This is the first year of the $3.4M LIRS Program for the upgrading of gravel roads. To date a number of roads have been worked on being Baileys Lane, Hazelgrove and Carlwood Roads. It is hard to predict that staff will complete all the remaining 17 roads listed for this year subject to other capital works tasks tied to grants. However, this is not at all an issue, as the funding can be rolled over into the next financial year as part of the LIRS program. The other issue that generally arises during the summer period is the in ability to keep enough water up to road construction activity, if predictions are correct it is expected to be a very hot summer this season. In any case, additional water trucks will have to be sorted from contractors to offset conditions as summer approaches. Overall the majority of projects have commenced either physically or in the planning phase. To date some very pleasing results are being produced by the works staff. Further updates on scheduling of works will continue to be communicated via the weekly ‘Good News Week’, newsletter. Additionally, Round 2 applications for Fixing Country Roads are currently open to Councils for submission. Council staff are in discussion about potential project options that will best align with the grant condition criteria. Next years Roads & Maritime Services ‘Repair Program’ applications are open to Councils for submission as well. Further grant funding will be sought for projects like Edith and Abercrombie Roads.


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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. 16.01 TITANIA RD. ACCESS – 20 TITANIA ROAD – FALSON ACCESS

File No: PR22.20 Author: Chris Schumacher, Works & Engineering Director. This item is classified CONFIDENTIAL under section 10A(2)(g) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege


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16.01 CITIZEN OF THE YEAR AWARDS

File No: Community Relations/Awards Author: Sharon Swannell, Executive Coordinator This item is classified CONFIDENTIAL under section 10A(2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:

(a) personnel matters concerning particular individuals (other than councillors)

17. CLOSURE OF MEETING The Mayor will declare the meeting closed. The next Ordinary Meeting of Oberon Council will be held on: Tuesday 15 December 2015 commencing at 5.30pm in the Oberon Council Chambers 137 – 139 Oberon Street, Oberon.

151117 agenda and business papers 17 november 2015 ... · 15. centroc advisory meeting – 29 oct...

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