agenda and business papers oberon council ordinary … · tuesday 16 august 2016 commencing at...

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

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AGENDA AND BUSINESS PAPERS Oberon Council Ordinary Meeting Tuesday 16 August 2016 Commencing at 5.30pm at the Oberon Council Chambers

Oberon Council - Agenda and Business Papers – Ordinary Meeting – 16 August 2016

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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 ......................................................................................................... 8

11. COUNCILLOR AND DELEGATES REPORTS ......................................................................... 8

11.01 REGIONAL LIVING EXPO .......................................................................................... 8 11.02 OBERON LEAGUES CLUB BOARD MEETING .......................................................... 9 11.03 UPPER MACQUARIE COUNTY COUNCIL .............................................................. 11

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

12.01 THE COMMON WORKING PARTY .......................................................................... 12

13. REPORTS FOR DECISION ................................................................................................... 15

13.01 ROAD NAMING – ROAD OFF O’CONNELL PLAINS ROAD ..................................... 15 13.02 DEVELOPMENT APPLICATION 10.2016.16.1 FOR MULTI DWELLING

RESIDENTIAL DEVELOPMENT COMPRISING 8 UNITS ......................................... 16 13.03 REVIEW OF CONDITIONS – DA 10.2015.21.1 – SUBDIVSION 115 LOTS –

BRACKEN GLEN LANE ............................................................................................ 41 13.04 OBERON TIGERS RUGBY LEAGUE CLUB REQUEST FOR ASSISTANCE ............ 44 13.05 OBERON DENTAL CLINIC....................................................................................... 46

14. REPORTS FOR INFORMATION ........................................................................................... 48

14.01 MONTHLY ACTIVITY REPORT – ACTING GENERAL MANAGER .......................... 48 14.02 MONTHLY ACTIVITY REPORT - WORKS AND ENGINEERING .............................. 60 14.03 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES ................ 64 14.04 STATEMENT OF INVESTMENTS ............................................................................ 69 14.05 GRANTS MONTHLY UPDATE ................................................................................. 72 14.06 WATER AND SEWER PLANT REPORT ................................................................... 75

15. URGENT BUSINESS ............................................................................................................. 77

16. CLOSED SESSION / CONFIDENTIAL REPORTS ................................................................ 77

16.01 WATER RATES REQUEST FOR WRITE OFF – ACCOUNT 12365584 .................... 78 16.02 WATER RATES WRITE OFF – ACCOUNT 12362938 .............................................. 78

17. CLOSURE OF MEETING ...................................................................................................... 78


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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

Nil

7. COMMUNITY PRESENTATIONS AND QUESTIONS

Nil

8. CONFIRMATION OF MINUTES

Ordinary Meeting 19 July 2016 ATTACHED is the Minutes of the Ordinary Council Meeting held on 19 July 2016. Recommendation: That the Minutes of the Ordinary Meeting held on 19 July 2016 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: Mayor Kathy Sajowitz

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

Recommendation: That Report Item 09.01 is received as information.

A. Meetings

18 Jul Don Capel & staff re Regional Living Expo

18 Jul Elaine Boxer, Oberon Health Council

19 Jul Lynne Butterfield

19 Jul Ordinary Council Meeting

20 Jul Lydia Moore, OYC Mayor and Kathy Beesley re Oberon Youth Council

21 Jul StateWide Mutual Integrity Management for Local Government Workshop

22 Jul Borg & HPP re Noise Complaints

25 Jul Don Capel & staff re Regional Living Expo

26 Jul Daffodil Fairies

26 Jul Common Working Party

27 Jul Stephen Sasse, CEO Nectar Farms


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2 Aug Prepare bags for Regional Living Expo

5 Aug Local Government Week Bus Tour

5 Aug Interview with student Isabelle Harrison

7 Aug Attend Regional Living Expo – Homebush Bay

9 Aug Draw Regional Living Expo Raffle and debrief

9 Aug Councillor Informal Briefing Session

B. Representation 27 Jul Oberon Public School Assembly

28 Jul Correctional Centre - Young Adult Offenders Gurnang Life Challenge Graduation (with Clr Gibbons)

30 Jul U3A Morning Tea

30 Jul Skoda and Tatra Register Annual Yuletide Dinner

1 Aug Education Week Assembly Oberon Public School

1 Aug Mayfield Garden – visit new Gallery area

4 Aug Oberon High School Education Week Assembly

4 Aug Presentation of Community Donations

5 Aug Jeans for Genes Day community morning tea

C. Correspondence 11 Jul Inner West Council seeking interest in supporting a Yes campaign for marriage equality

11 Jul Copies of four submissions regarding the proposal for an extractive industry – gravel pit.

15 Jul Invitation to register to attend the Local Government NSW Annual Conference 2016

15 Jul Invitation to attend the 300th Graduation of Young Adult Offenders from the Gurnang Life Challenge being held on 28 July

18 Jul Australian Asphalt Pavement Association re a National workshop series being held on Wednesday 10 Aug in Sydney

25 Jul Veronika Cvitanovic seeking an update regarding the Nectar Farms proposed development

26 Jul Invitation to attend the Australasian Waste and Recycling Expo being held in Sydney on 10 – 11 Aug

26 Jul Mosman Council providing a copy of a paper titled “The Size of Local Government in a Three-Tier Federal Government System with special reference to NSW”

31 Jul Person seeking extension of trading hours to accommodate a wedding booking being held at Waldara. Response provided advising of appropriate process to seek a variation to conditions of consent.

1 Aug Invitation to attend the Oberon High School Education Week Assembly being held on 4 Aug

1 Aug Local Government NSW advising of upcoming planning events and seeking registration

1 Aug Marj Bollinger, Cabonne Amalgamation No Thank You re the potential for further forced amalgamations across NSW

2 Aug Essential Energy appoints new Chief Executive Officer, John Cleland effective from 18 July 2016

2 Aug Invitation to attend the Launch of Books on Prescription being held at the Oberon Library on Thursday 18 Aug

9 Aug Nichole Campbell requesting assistance from Elected Representatives to participate in a research project.


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10. NOTICES OF MOTIONS

Nil

11. COUNCILLOR AND DELEGATES REPORTS

11.01 REGIONAL LIVING EXPO

File No: Economic Development/Regional Tourism/Expo/Regional Living Expo Author: Mayor Kathy Sajowitz

Summary On the weekend of 6 - 7 August I along with council staff, OBTA representatives, local real estate representatives and community volunteers attended the 2016 Regional Living Expo held at Olympic Park, Homebush.

Recommendation That report item 11.01 is received as information.

Comment The purpose of the Expo was to showcase regional areas as an alternative to city living offering alternate options. There were approximately twenty regional council areas represented at the Expo. Although purportedly not as well attended as in previous years the quality of the visitors was good. Most were serious about relocation and actively seeking relocation ideas. Some observations and actions:

A broad volunteer base made themselves available to manage the Oberon stand and actively engage with visitors to the Expo, thanks to all who gave up their weekend to promote Oberon.

The collaboration and support from local business and industry was rewarding.

The donation of prizes from sponsors was appreciated; visitors were invited to enter a competition to win a weekend in Oberon. Accommodation donated by Melaleuca Cabins, breakfast at Long Arm Café, free entry to the private garden at Mayfield and entry to a cave of choice at Jenolan Caves. The winner was drawn from the one hundred and twenty entries received from visitors to the stand who were genuinely looking for alternative lifestyle choices.

The quality of Oberon information packs which included a broad range of material was superior to most. Approximately three hundred packs were given out.

Most enquiries were for employment, housing and property investment, business opportunities and education options.

Staff are already proactive in following up on these enquiries and all will be responded with further information supplied as requested.


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Continuing evaluation of the benefits versus the cost of participating in future events will occur over time and be reported back to council. Staff will supply feedback to collaborating partners and sponsors.

A valuable debriefing session has been held with OBTA representative Don Capel who will supply feedback to the OBTA group.

It was interesting that the councils represented were mostly smaller regional councils. Larger regional centres such as Bathurst and Dubbo were not in attendance.

11.02 OBERON LEAGUES CLUB BOARD MEETING

File No: PO36-16 Author: Councillor Sam Lord

Summary Councillor Sam Lord attended the Oberon Leagues Club Board Meeting held on 18 July 2016.

Recommendation: That report item 11.02 is received as information.

Comment A copy of the Minutes of the meeting FOLLOW for Council’s information. One of the main points of discussion was transport and taxi service pick ups. The Club will liaise with other liquor license establishments, to review a more accessible and affordable service. A Treasures Report was tabled which shows significantly reduced funds compared to same time last year. Patronage has been low and this has affected sales. Transport is a factor. A smart TV has been purchased and up and running. Also a kids corner is being implemented and any donations of toys etc. would be appreciated. August 13th is a big day with the junior and senior league raising funds for Can Assist. There will be food, DJ Karla, raffles and an auction.

Notes:


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11.03 UPPER MACQUARIE COUNTY COUNCIL

File No: Environmental Management/Meetings/Upper Macquarie County Council Author: Clr John Morgan

Summary Councillor John Morgan and Councillor Neil Francis attended the Upper Macquarie County Council Committee meeting held on the 5 August 2016.


Comment Oberon delegates attended the meeting held on 5 August. Thirty properties and twenty seven road side inspections took place in the Oberon area. Extreme weather conditions provided an opportunity to review treated areas and to plan future campaigns. The field day held at O'Connell was a success attended by 35 landholders. The Mudgee Small Farms Field Day was also attended via an information stand. This being part of the decision to lift the profile of UMCC. A new noxious weed brochure has been produced and included with rate notice packages to all four member council land holders. Internally training, policy documentation & compliance procedures have been completed. A WHS action plan has been received and adopted following the WHS audit. This audit has driven the training and policy documentation shortfalls that existed. Aerial spraying will commence in September, target areas have been identified. A motion was put and carried that UMCC contact all solicitors an d conveyancing firms in the combined LGA requesting them to advise prospective buyers that targeted properties should be inspected for noxious weed status prior to purchase. During discussion it became clear that Bathurst and Blayney Councils do not have compulsory noxious weed inspection policies for sub divided rural land. Generally staff are more cohesive and enthusiastic under the current management arrangements.

Notes:


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12. COMMITTEE REPORTS

12.01 THE COMMON WORKING PARTY

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

Summary Minutes of The Common Working Party meeting held on 26 July 2016 are submitted for Council’s information and consideration.

Recommendation: That:

1. Council received report 12.01 for information.

2. Council seek community feedback on the plans via public exhibition and seek projects to be included in the master plan.

Comment Minutes of The Common Working Party Meetings held on 10 May FOLLOW. A copy of the Terms of Reference for the Committee was circulated. Discussion was held in relation to the following matters:

The draft form plan has been prepared and quotes have been obtained for a new car park, BBQs and picnic shelters.

Discussion over budget allocation for the projects

Possible funding to place a garden in honour of the late Councillor John McMahon as had been suggested by Councillors

Location and size of Curtis Street carpark – it was suggested that a trial be constructed in gravel to ensure the placement is suitable prior to proceeding to fully seal the carpark area

Pumps for the water feature need to be fixed – this issues has been noted.

Plans will go on public exhibition with community submissions invited. All of the submissions and suggestions will then come back to the Working Party for discussion.

The next meeting of the Common Working Party is to be confirmed.

OBERON COUNCIL – THE COMMON WORKING PARTY

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Minutes of The Common Working Party Meeting held on 10 May 2016

The Common Working Party meeting was held on Tuesday 26 July 2016 in the Council’s Committee Room, 137-139 Oberon St, Oberon. The Meeting commenced at 4.35pm. ATTENDANCE

Gary Wallace (Chair) Acting General Manager

Clr Jill Evans Councillor

Clr Clive McCarthy Councillor

Clr Kathy Sajowitz Councillor

Clr Kerry Gibbons Councillor

Sarah-Jane Holland Customer Service Trainee

1. APOLOGIES – Councillor John Morgan

2. MINUTES OF THE PREVIOUS MEETING HELD ON 10 May 2016. These minutes were presented to the 21 June 2016 Ordinary Council Meeting, resolution 08 210616.

3. BUSINESS ARISING FROM PREVIOUS MEETING Nil 4. REPORTS 5. GENERAL BUSINESS Acting General Manager, Gary Wallace opened the meeting by notifying the committee that the draft form plan has been prepared and quotes have been obtained for a new car park, BBQs and picnic shelters. There is $100,000 in the budget for developing the Common from a $50,000 allocation from the Town Improvements fund and a $50,000 Capital component. Gary also suggested that enough funding may be left over to place a garden in honour of the late Councillor John McMahon as had been suggested by Councillors. A suggestion was tabled that the new carpark could be placed along the Curtis Street roadway to cap the Naturally Occurring Asbestos. Educational boards about Naturally Occurring Asbestos could also be placed in this location for visitors to read. Councillor Gibbons asked if round timber logs could be used as materials to signify the Timber Heritage. Gary indicated that something similar is being developed by the Heritage Committee. They are constructing the Timber Heritage Walk that will be implemented around the rail trail. Councillor McCarthy requested that an area be marked for the Oberon Youth Council Skate Park project as some funds have been raised for this project. Mayor Kathy Sajowitz stated that she doesn’t like the proposed car park. She agrees that it is practical in regards to capping the Naturally Occurring Asbestos but doesn’t like the idea of how this will look from a distance. It was suggested that a trial car park be constructed made of gravel instead of placing an asphalt one.

OBERON COUNCIL – THE COMMON WORKING PARTY

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Minutes of The Common Working Party Meeting held on 10 May 2016

The construction of the two picnic areas and BBQ area is estimated to be $82,000. This includes the installation, material, concrete and the furniture used for the shelter but does not include the connection of power. The estimate for a car park accommodating 40 cars, 120m long x 10m wide is $49,000. The car park could be cut in half to 60m long x 10m wide to accommodate 20 cars. The cost would then be cut to $25,000 and the construction of the car park can then be staged. Gary reminded the Working Party that there is a budget of $100,000 for this project and there is a current surplus in the 2016/2017 Operational Plan. The Working Party also discussed the opportunity to pipe and contour the gully adjacent to Curtis Street with approx. 7,000m3 of fill but this would need to be costed. Councillor Gibbons asked if the pumps for the Oberon Common water feature can be fixed. This issue has been noted. It was suggested that remaining funds could be used to fix this or the Working Party may recommend that this be considered as the next stage of the development within the Common after the development of the carpark or picnic area. Gary advised in order to progress the project, plans will go on public exhibition with community submissions invited. All of the submissions and suggestions will then come back the Working Party for discussion, with the Working Party recommending to Council appropriate projects from the submissions. Councillors were invited to make a time to visit the Common to discuss any ideas or questions. Meeting closed at 5:35pm. The next meeting will be held on tbc.


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13. REPORTS FOR DECISION

13.01 ROAD NAMING – ROAD OFF O’CONNELL PLAINS ROAD

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

Summary This report is further to the recent Council advertisement inviting public submissions for road naming for the recently completed subdivision off the O’Connell Plains Road, O’Connell.

Recommendation: That in accordance with the NSW Road Naming Policy, it is recommended that Council endorse ‘McKibbin Road’ for the newly constructed 545m section of un-named road that runs off O’Connell Plains Road.

Comment Recently a new subdivision was developed along with approval to construct a new bitumen public road. The unnamed section of road that is located approximately 545 metres west of Beaconsfield Road (off O’Connell Plains Road) and is 840 metres in length. An advertisement was placed in the Oberon Review inviting road naming suggestions. A submission was received suggesting the name SOS McKibbin Drive. Colin McKibbin, known as SOS McKibbin, was born and lived on the surrounding property for 69 years. He served in the RAAF during World War 2 and also flew transport and fertiliser spray aircraft. He was also a member of the O’Connell Bush Fire Brigade for many years. In order to assist Council in making a decision the NSW Road Naming Policy, Section 6.7.5 (expert) and Section 6.7.6 (expert) is below: 6.7.5 Acceptable Road Names Names of early settlers, war servicemen and women and other persons who have contributed to the heritage of an area, local history themes, flora, fauna, ships etc. are usually the most suitable for applying to roads. When selecting road names, the following shall be considered:

The use of given or first names in conjunction with a surname is not acceptable for road naming.

6.7.6 Commemorative Road Names The initials of a given name are not to be used in any instances. The submitted road name suggestion of SOS McKibbin Drive is therefore ineligible given the above criteria as prescribed in the NSW Road Naming Policy. The road name McKibbin Road is recommended as it reflects the contribution made to the local community by the family in the O’Connell area.


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Acting General Manager’s Comment Guidelines have been issued under Section 23A of the Local Government Act 1993 titled ‘Council Decision making During Merger Proposal Periods’. Council must consider the guideline in relation to each decision they make during the proposal period. This matter is considered to comply with the guidelines.

13.02 DEVELOPMENT APPLICATION 10.2016.16.1 FOR MULTI DWELLING RESIDENTIAL DEVELOPMENT COMPRISING 8 UNITS

File No: PO44-96-98 Author: Jaclyn Burns, Health and Building Manager

Summary An application for a multi dwelling residential development comprising 8 units (including strata title subdivision) on land described as Lot 2 Section 25 in DP 758805 and known as 96-98 Queen Street, Oberon 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.”

During the notification period submissions were received from adjoining land owners. The application is also being referred to Council for determination as current staff delegation does not allow for the application to be refused. A refusal of development consent must be determined by Council.


1. Council refuse Development Application 10.2016.16.1 for a multi dwelling residential development comprising 8 units (including strata title subdivision) on land described as Lot 2 Section 25 in DP 758805 and known as 96-98 Queen Street, Oberon in accordance with the 79C Assessment contained within this report and for the following reasons:

a) The information submitted in support of the development is insufficient to address the requirements of clause 7 of State Environmental Planning Policy 55 (Remediation of Land); and (Environmental Planning and Assessment Act 1979 s79C (1)(a)(ii))

b) The applicant has failed to demonstrate compliance with Clause 6.6 of the OLEP 2013 - Development within a designated buffer area. (Environmental Planning and Assessment Act 1979 s79C (1)(a)(i))

c) The design and layout of the development does not sufficiently address the standards and requirements of the Oberon Development Control Plan 2001 in relation to design - specifically C.5.8 Design Principals; and (Environmental Planning and Assessment Act 1979 s79C (1)(a)(iii))

d) The design and layout of the development does not sufficiently address the standards and requirements of the Oberon Development Control Plan 2001 in relation to orientation – specifically C.5.9 Orientation, and C.8.3 Private Open Space; and (Environmental Planning and Assessment Act 1979 s79C (1)(a)(iii))


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e) The design and layout of the development does not sufficiently address the standards and requirements of the Oberon Development Control Plan 2001 in relation to visual amenity – specifically C.5.11 Visual Impact; and (Environmental Planning and Assessment Act 1979 s79C (1)(a)(iii))

f) The design and layout of the development does not sufficiently address the standards and requirements of the Oberon Development Control Plan 2001 in relation to common open space, specifically C.8.5 Medium Density – Common Open Area; and (Environmental Planning and Assessment Act 1979 s79C (1)(a)(iii))

g) The design and layout of the development does not sufficiently address the standards and requirements of the Oberon Development Control Plan 2001 in relation to parking and circulation – specifically C.8.6 Medium Density – On Site Car Parking, and F.6.1 Car Parking Layouts – General, and F.10.1 Design/Dimensions – Car Spaces (Environmental Planning and Assessment Act 1979 s79C (1)(a)(iii))

h) The design and layout of the development does not sufficiently address the standards and requirements of the Oberon Development Control Plan 2001 in relation to safe traffic movements – specifically F.10.2 Design/Dimensions – Driveways; and (Environmental Planning and Assessment Act 1979 s79C (1)(a)(iii))

i) The design of the vehicular access/egress and car parking does not comply with Australian Standard 2890.1 Off Street Parking Facilities; and (Environmental Planning and Assessment Act s79C (1)(b))

j) The identified design, traffic and parking issues are a direct result of the proposal being an overdevelopment of the site; and (Environmental Planning and Assessment Act s79C (1)(b))

k) In the circumstances of the case approval of the application would not be in the public interest. (Environmental Planning and Assessment Act 1979 s79C (1)(e))

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

Comment: ATTACHED is a copy of the proposed plans, Statement of Environmental Effects (SoEE) and supporting documentation associated to the proposed development submitted by the applicant as ATTACHMENT A. The Peer review provided by a BOSKAE Environmental Planning and Councils correspondence of 12 April 2015 is ATTACHMENT B. EXISTING CONSENTS THAT RELATE TO THE LAND:

Development consent was granted by Council for the demolition of existing buildings on the

site on 8 October 2015 in Development Application 10.2015.52.1.

A review of the recorded development history of the site was undertaken in the assessment of the 2015 application. This assessment revealed past uses (diesel storage tank) resulting in the risk of the site being potentially contaminated. In addition, the demolition proposal involved the removal of previously disturbed asbestos materials from the site.

The site has been subject to a preliminary site investigation as a result of the identification of potential contaminants (see DA 10.2015.52.1). Other than the asbestos material, this investigation did not identify the presence of contaminants.

Development Application 236/03 for the erection of 6 residential medium density units and the conversion of one existing building into a residential unit was determined by Council at the 9


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March 2004 Ordinary Meeting. At this meeting the Development Application was refused and the minutes.

14. RESOLVED: that Development Application 236/03 for the construction of six residential

medium density units and the conversion of one existing building into a seventh residential unit at Lot 2 in DP 758805, 98 Queen Street, Oberon be refused for the following reasons:

1. the proposal does not comply with the Zone No 2 (v) Village Zone objectives of the

Oberon Local Environmental Plan 1998, 2. the Proposal does not comply with the Oberon Development Control Plan 2001. 3. the proposal is an over-development of the site due to the significant height, density,

bulk and scale of the proposed buildings and the likely adverse impact on the character and amenity of the locality and streetscape;

4. the proposal does not maintain the rural village atmosphere of the Oberon village; and

5. the site may not be suitable for the proposed residential development because there is a lack of adequate information in relation to potential site contamination.

(O’Bernier / Bailey) PROPOSED DEVELOPMENT Council is in receipt of a development application (application no. 10.2016.16.1) for a multi dwelling residential development comprising 8 units (including strata title subdivision) on land described as Lot 2 Section 25 in DP 758805 and known as 96-98 Queen Street, Oberon. See Figure One (1) for a locality plan and photos of the development site. The proposal includes the construction of four single storey brick veneer buildings each containing two attached dwellings within a gated estate. The site slopes from the North (Queen Street main frontage) to the South (Whittaker’s Lane) and it is proposed to terrace the site from the highest point being Queen Street to the lowest Point, being Whittaker’s Lane to enable level building pads to be provided for each dwelling. Each dwelling includes two bedrooms and associated living areas with residential frontages proposed to both Queen Street and Whittaker’s Lane. The proposed dwellings will consist of the following floor areas and private open space areas:

Dwelling Floor Area Private Open Space area

Unit 1 215.6m2 38m2

Unit 2 178.6m2 35m2

Unit 3 215.6m2 38m2

Unit 4 178.5m2 25m2

Unit 5 178.6m2 39m2

Unit 6 195.2m2 38m2

Unit 7 178.5m2 39m2

Unit 8 193.7m2 38m2 (subject to boundary adjustment)

Access to the site is proposed via a gated one way driveway entering from Queen Street and exiting at the rear via Whittaker’s Lane. The proposed strata subdivision consists of 8 separate strata allotments with the common open area consisting of the parking driveway and vehicle manovering areas.


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Land adjoining the development site consists of Saint Barnabas Anglican Church to the north of the development site, a single residential dwelling to the East, single dwellings to the South and a multi dwelling residential development comprising 5 strata units on an allotment of a similar size to that of the development site. Figure One (1) locality Plan

Photos of the development site

Photo 1. Looking South from Queen Street


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Photo 2. Looking North from Whittaker’s Lane.

Photo 3. Looking East from Whittaker’s Lane.

Photo 4 looking South East from the entrance to the site.


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ASSESSMENT: The Development Application was submitted to Council on 1 March 2016. On 4 March 2016 the fees associated to the Application were paid. This date is considered the date of lodgement. On 2 March 2016 a Statement of Environmental Effects was requested of the applicant and the statement was subsequently received on 22 March 2016. A preliminary assessment of the application was undertaken by Councils Consultant Town Planner Mr Lachlan Sims in consultation with Councils Heath and Building Manager. The application was neighbour notified and advertised on 24 March 2016. On 12 April 2016 a letter was sent to the applicant requesting further information be submitted to Council to enable the assessment of the development application as it contained a number of deficiencies. On 27 April 2016, 4 May 2016 and 31 May 2016 further information was provided to Council on behalf of the applicant. PEER REVIEW The location of the development adjoining the residence of a staff member of the Planning and Development Department resulted in an early decision by staff to receive a peer review of the application as the application could also be subject of an objection. The peer review was undertaken by Mr Brad Carmody of BOSKAE Environmental Planning Pty Ltd and is ATTACHMENT B. The peer review identified the deficiencies in the proposal as: 1. The preliminary site investigation that accompanied the previous development application

does not adequately demonstrate that the site is suitable for residential use due to potentially contaminating activities that are known to have occurred on the site.

2. The provision of car parking in the front setback is not consistent with a high design standard as required by DCP2001.

3. Solar access to some of the units is insufficient.

4. Absorbent areas of the common open areas are below the 75% minimum.

5. The location of car parking at the front of the site is not suitably screened and will have amenity impacts upon the adjacent bedroom windows.

6. Access to garages does not appear to be compliant with the relevant Australian Standard.

7. Safe sight distance at the exit onto Whittakers Lane does not comply with relevant standards.

8. Driveway grades are above DCP maximums.

9. The one way driveway will place all vehicle exit movements onto Whittakers Lane which will result in a significant intensification of local traffic in the lane.

In addition to the above issues, the width of the driveway through the site is considered inadequate. Part F10.2 of DCP 2001 requires that driveways be 3.5 metres wide for developments with traffic movements of up to 25 vehicles per day, or 5metres where over 25 vehicles per day apply. The NSW RTA Guide to Traffic Generating Development suggests that smaller units of up to 2 bedrooms have daily vehicle trips of 4-5 per dwelling. This suggests the proposal would have traffic movements of 32-40 per day, and require a driveway width of 5 metres. The driveway


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through the centre of the site is 3 metres wide and has bedroom windows with no setback from the driveway. Noise and privacy impacts on these bedrooms from traffic movements would be considerable. It is considered that the width of the driveway is an additional reason for refusal of the application. It can be concluded from the above that the proposed design is an overdevelopment of the site that will result in unreasonable amenity for both its occupants and surrounding residents. DEEMED FEFUSAL Clause 82 of the Environmental Planning and Assessment Act 1979 indicates the circumstances in which a consent is taken to be refused and essentially states that “a consent authority that has not determined a development application within the relevant period, prescribed by the regulations, applicable to the development the subject of the development application is, for the purpose only of section 97, taken to have determined the application by refusing consent on the date on which the period expires.”

Section 113 of the Environmental Planning and Assessment Regulation 2000 indicates that an

application is taken to be refused if a consent authority has not determined the application within the deemed refusal period, being in the case of this application, 40 days. The deemed refusal period is measured from the date the development application is lodged with the consent authority. It is important to note, however that nothing prevents a consent authority from determining a development application after the expiration of the relevant period referred to in that subsection, and the determination of the development application does not, prejudice or affect the continuance or determination of an appeal made under section 97 in respect of a determination that that the application can be taken as a deemed refusal. Development Application 10.2016.16.1 is subject to a Class 1 Action in the Land and Environment Court as a Deemed Refusal. SECTION 79C ASSESSMENT: LEGAL IMPLICATIONS Any Environmental Planning Instrument Consider SEPPs, REPs & LEPs. RELEVANT Provisions of LEP (eg permissibility, development standards, heritage listing, advertising requirements of another authority who administers a SEPP or REP). Local Environmental Plan (LEP) Zone R1 General Residential

1 Objectives of zone

To provide for the housing needs of the community.

To provide for a variety of housing types and densities.

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

residents.


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2 Permitted without consent

Home occupations

3 Permitted with consent

Attached dwellings; Boarding houses; Business identification signs; Child care centres; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Water reticulation systems; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

Multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building. 2.6 Subdivision—consent requirements (1) Land to which this Plan applies may be subdivided, but only with development consent.

The proposed strata title subdivision of the development requires consent under clause 2.6 of the LEP.

4.1 Minimum subdivision lot size

The minimum subdivision lot size does not apply to strata title subdivision in accordance with clause 4.1(4) of the LEP.

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.


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Essential services as described above shall be provided by the developer. Existing services such as electricity, water and sewer are accessible and can be connected to the development. Proposed works are to be carried out in relation to stormwater disposal from the site and into existing Council infrastructure. Councils Engineering Department have reviewed the proposed Stormwater Design and confirm that it supports the design in principal.

6.1 Earthworks

a) The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

b) Development consent is required for earthworks unless:

i) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or

ii) the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.

c) Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters:

i) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,

ii) the effect of the development on the likely future use or redevelopment of the land,

iii) the quality of the fill or the soil to be excavated, or both,

iv) the effect of the development on the existing and likely amenity of adjoining properties,

v) the source of any fill material and the destination of any excavated material,

vi) the likelihood of disturbing relics,

vii) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,

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

A bulk earthworks plan has not been provided by the applicant. Earthworks have been commenced on site without consent being obtained. The photographs contained in this report indicated the existing site conditions. An inspection of the site by Councils Health and Building Manager on the 26 July, 2016 at 11am indicated that asbestos fragments are clearly visible on site indicating that the site has not been remediated and potential risks remain on site associated to any further potential earthworks to be carried out on site. This issues is further discussed in respect to the requirements associated to State Environmental Planning Policy No. 55 – Remediation of Land.


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6.6 Development within a designated buffer area

1. The objectives of this clause are as follows:

a. to protect the operational environment of industries operating within the Oberon Timber Complex,

b. to control development near the Oberon Timber Complex and waste disposal facilities to minimise land use conflict.

2. This clause applies to land identified as “Oberon Timber Complex” on the Industrial Buffer Map.

3. Before granting development consent to development on land to which this clause applies, the consent authority must consider the following:

a. the impact that any noise, odour or other emissions associated with existing land uses may have on the development,

b. any proposed measures incorporated into the development that limit the impact of such noise and other emissions associated with the existing land use,

c. any opportunities to relocate the development outside the land to which this clause applies,

d. whether the development is likely to adversely affect the operational environment of any existing development on the land to which this clause applies.

The subject site is within the identified buffer area of the Oberon Timber Complex which seeks to protect residential development from the noise impacts of the complex activity and prevent unreasonable incursion on the operations of the complex. The applicant was requested to provide additional information detailing how the development would address the identified noise impacts. In response the applicant stated that the combination of the slope of the site and proposed screen plantings were sufficient to address noise impacts. The provision of landscaping and the siting of the development have not been supported by evidence submitted by the applicant as providing a sufficient reduction of potential noise impacts. Generally, Council requires noise attenuation measures to be incorporated in the design of dwellings to mitigate noise impacts. Such attenuation measures would include the provision of double glazing or similar treatment to achieve the necessary noise amelioration. PERMISSIBILITY: For the purposes of the LEP the development is defined as multi dwelling housing which means “3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.” Multi dwelling housing is categorised as a type of residential accommodation which is development permissible with consent in the R1 General Residential zone in the LEP. Regional Environmental Plans (REP) None applicable. State Environmental Planning Policies (SEPP)


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State Environmental Planning Policy No. 55 – Remediation of Land

Clause 7 of this SEPP specifies that a consent authority must not consent to the carrying out of any development on land unless

(a) it has considered whether the land is contaminated, and

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

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

Due to recorded and known past land uses, the site has been identified as potentially contaminated (see details above in relation to DA 10.2015.52.1). A preliminary site investigation was undertaken and identified the presence of asbestos materials in the soil on the site. The consultant, Envirowest Consulting, have advised Council that these materials have since been removed from the site and an asbestos clearance certificate has been issue identifying that the site is now free from asbestos. A review of the preliminary site investigation has been undertaken and it is evident that it does not fully comply with the NSW Government’s “Guidelines for Consultants Reporting on Contaminated Sites” and has omitted information specified in the guidelines. Because of this, it has not been possible to determine if the site is suitable for residential use and as such the development proposal in its current form cannot be supported and compliance with Clause 7 of SEPP 55 cannot be achieved. If Council is inclined to support the proposed development, it is recommended that a deferred commencement condition be imposed requiring the submission of a preliminary site investigation compliant with the Guidelines and that confirms the suitability of the site for residential development. A site inspection undertaken by Councils Health and Building Manager in the preparation of this report indicates that despite the clearance certificate provided by Envirowest Consulting dated the 14 October, 2015 indicates asbestos fragments on site in a number of locations indicating the site is not suitable for residential land use until such time as further remediation works are carried out. 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 affect the subject site. Any Development Control Plan Councils DCP 2001 applies to the proposed development. The applicable parts of the DCP are Part C Residential Development, Part F Vehicle Circulation and Parking and Part H Notification – Development Control. Compliance with the DCP provisions is addressed in detail below.


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Part C Residential Development C.5.3 Height of Buildings The proposed development comprises single storey residential dwellings that do not exceed the 5.5m building height. The proposal complies in this regard. C.5.4 Buffer Zones Refer to assessment against clause 6.6 of the Oberon LEP 2013 above. C.5.5 Building Height Plane The proposed development comprises single storey residential dwellings that are sufficiently setback from the boundaries and do not encroach into the identified building height plane. C.5.7 Setback from the Street The proposed development has been setback 6.8m from the Queen Street boundary and 4.0m from the Whittakers Lane boundary in alignment with existing buildings on adjoining sites. The development proposes the inclusion of visitor car parking spaces within the street and lane setbacks. While this is not specifically prohibited in the DCP, it may be considered that provision of car parking within this area does not contribute to the general attractiveness of the streetscape and is not in keeping with the surrounding low density residential environment. C.5.8 Design Principles and C.5.9 Orientation These sections of the DCP seek to ensure residential development is appropriately designed with respect to the local climate to ensure dwellings have adequate solar access and integrate well with the surrounding built and natural environment. Specifically, it seeks to ensure living areas are oriented towards the north to maximise solar access to minimise energy costs. Although not specified in the DCP, these north facing living areas should ideally receive a minimum three hours direct sunlight between 9.00am and 3.00pm on 21 June (winter solstice). The development has not been designed having full regard for solar access with some of the proposed units having only minimal north facing windows and others having no north facing windows at all. This section of the DCP encourages “the incorporation of design principals appropriate to the local climate and environment”. C.5.9 Orientation The DCP states the buildings should be orientated to maximise the sites positive characteristics and incorporate the principals of solar passive architecture. “Buildings should not necessarily face the street but should be orientated with the main indoor living spaces and major window areas facing towards the North.” C.5.10 Climate Control This section of the DCP requires residential development to be designed in consideration of climate and energy efficiency. It requires development to be designed to maximise northern exposure for winter sun and minimise southern exposure and resultant winter heat loss.


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The design and orientation of the proposed development does not satisfy these requirements, however the details of BASIX assessments undertaken for each dwelling have been submitted in support of the proposal. C.5.11 Visual Impact The proposed development has been sufficiently designed and sited to minimise visual impacts. Should the development be approved, suitable conditions of consent can be imposed requiring the provision of appropriate landscaping and boundary fencing to soften its visual impact and ensure the development integrates with the surrounding residential environment. C.8.2 Medium Density – Density Control The proposed development can be classified as medium density residential development for the purposes of the DCP. This section requires a floor space ratio of 0.8:1 and not cover more than 50% of the site. The proposed development complies with these requirements achieving a floor space ratio of 0.47:1 and a site coverage of 47.26%. C.8.3 Medium Density – Private Open Space The development is required to have private open space for each dwelling comprising an individual courtyard having a minimum area of 30m² and a minimum length and width each of 4m. The courtyards are to also have a significant northerly aspect. The DCP states “The courtyard should be landscaped, have a significant northerly aspect and sustainable winter solar access to provide reasonable user comfort, privacy and enhance the amenity of the area”. Each dwelling in the proposed development is provided with a private courtyard that satisfies these requirements. To address an encroachment issue at the rear of the property, the applicant has requested a minor variation to the 4m width requirement for the private open space area for one of the dwellings (proposed Unit No. 8). This is considered a reasonable request and is unlikely to materially impact the quality or useability of the open space area for this unit. C.8.5 Medium Density – Common Open Area Under this section, the development is required to have landscaped common areas (exclusive of private open space). A minimum of 75% of the common areas are to be of absorbent finish such as grass, gardens or the like. The proposal includes a significant area of common driveway as well as some landscaping in the setback areas from the street and lane frontages which will not achieve the required 75% and thus compliance with this DCP provision is not achieved. This non-compliance is considered detrimental to the amenity of the subject site and is not in keeping with the low density urban environment of Oberon characterised by extensive open space and landscaped areas. The applicant has provided a response to Council that this issue be addressed as a condition of consent and that all visitor parking areas can have materials changed to a trafficable grass paver. C.8.6 Medium Density – On Site Car Parking Car parking is required on the site in accordance with Section F of the DCP (see further detail below). This section requires outdoor car parking areas to be softened by landscaping and screening.


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Four visitor car parking spaces are proposed within the street and lane setbacks of the site. Minimal landscape screening of these spaces is proposed, however this is not considered sufficient to soften the visual impact of the car spaces, particularly on the Queen Street frontage. In addition, some of the proposed visitor car parking spaces are located directly adjacent to the bedroom areas of the proposed units which is a less than desirable outcome with potential negative amenity impacts on the future occupants of the units. C.8.8 Medium Density - Sound Proofing This section requires sufficient sound proofing between dwellings having common walls. The details of the proposal demonstrate that the common walls proposed will comply with the relevant provisions of the Building Code of Australia. Further detail on sound proofing will be required to address the requirements of clause 6.6 of the Oberon Local Environmental Plan 2013 which is addressed in greater detail above. C.9.2 Clothes Drying Facilities Each dwelling in the proposed development is provided with adequate clothes drying facilities within its private open space area. The proposed location of the clothes drying facilities complies with the requirements of this section. C.9.3 Garbage Informal garbage bin storage areas are nominated on the plans for the proposed development. C.9.6 Water Tanks Water tanks are provided for each dwelling in the development to satisfy the BASIX building sustainability requirements. This also addresses the requirements of this section of the DCP. Part F Vehicle Circulation and Parking F.5.3 Parking Schedules – Residential This section of the DCP specifies the number of car parking spaces required for residential flat buildings or group dwelling development based on the floor area of each unit. The dwellings in the proposed development have floor areas in excess of 100m² and are thus classified as “large units” for the purposes of the DCP. The required car parking provision is therefore:

1.50 per Unit – plus 1:4 for Visitors (or part thereof) Based on the calculations in the table below, the required number of car parking spaces for the development is 14.

Provision Calculation Car Spaces

Per unit 8 x 1.5 12

Visitors 1 for each 4 units 2

TOTAL 14

The plans submitted in support of the development include a single vehicle garage for each of the 8 dwellings plus 6 visitor car parking spaces. This results in a total of 14 car spaces which satisfies the DCP requirements.


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F.6.1 Car Parking Layouts – General This section requires car parking areas to be designed in accordance with Australian current applicable Standard AS.2890.1. Information has been supplied in support of the application which indicates compliance with this standard, however this information has only been provided in relation to the visitor car spaces (not the proposed garages) and has not been certified by a qualified engineering consultant. Because of this, concern is raised over whether the design of the car parking spaces and traffic circulation can achieve compliance with the standards and whether design alterations to the proposal will be required to achieve compliance. Development consent could be conditioned to require the submission of design drawings certified by a qualified engineer that confirm compliance with the design and layout of the car parking and access with Australian Standard 2890. However staff are concerned that should the application be supported and such a condition be imposed the resultant outcome should the development not comply with Australian Standard 2890 would require a significant change to the design and layout of the proposed development. F.10.1 Design/Dimensions – Car Spaces The DCP specifies that a car parking space shall be a minimum of 5.5m x 2.5m. Where spaces are covered or adjacent to a wall, the dimensions increase to 5.5m x 3.0m. For garages the DCP requires a 3m width with 2.75m unobstructed width at the doorway. The garages proposed for each dwelling comply with these dimensions although it is unclear from the design drawings whether there will be sufficient manoeuvring area enabling the entry and exit of vehicles from each garage, particularly considering the tight design of the driveway and the proximity of buildings directly adjacent to the driveways. If supported, the development will be required to comply with Australian Standard 2890 in relation to vehicular access. The visitors car parking spaces proposed within the front Queen Street setback do not comply with the above dimensions and are considered unlikely to satisfy the requirements of Australian Standard 2890. The applicant was informed of this in a letter dated 12 April 2016. Some information was provided in response, including details of swept path movements of vehicles accessing each site. This information has not been certified by a qualified engineer. Concern is raised in relation to the visitor car parking spaces in relation to their dimensions and their location adjacent to walls and fences. Because of this it appears it will be impossible for a vehicle to park in these spaces and be able to easily open and exit/enter a vehicle from both sides. There are further issues with the location of the spaces directly adjacent to the entry and exit gates and the constraints this places on manoeuvrability. Issues are also identified with the placement of car parking spaces in close proximity to the Whittakers Lane exit and the impacts this has on sight distances and visibility for exiting vehicles. In addition, as previously noted, the visitor car parking spaces encroach into the front setback and have the effect of reducing the quality of the presentation of the site to the Queen Street frontage. Council can consider several options to address these issues from redesigning the development and/or reducing the number of dwellings to enable better placement of car parking spaces to authorising a reduction in the number of car parking spaces required on the site. It is considered appropriate that a sufficient level of off-street car parking spaces be provided on site, particularly having regard for the likelihood that many of the future occupants of the dwellings are likely to have more than one vehicle. This site is not considered to have any particular circumstances to warrant a reduction in car parking and as such, this is not recommended mostly due to the precedent this would set for other similar developments.


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F.10.2 Design/Dimensions – Driveways This section specifies design standards for driveways and requires a minimum width of 3.5m for developments of this type. This section also requires adequate visibility at corners and specifies minimum driveway grades. The minimum driveway width indicated on the proposed development is 3.5m wide which is consistent with the DCP requirements. However the plans provided do not clearly articulate how the driveway width is measured. Good practice would determine that the driveway width would have a clear width of 3.5m. Unfortunately the plans provided have a width that is measured from the face of the opposing dwelling walls, not from the fascia. As such whilst the driveway width appears to comply on the plans in actual fact the driveway incorporates areas under the eaves of the proposed dwellings and only gives an approximate 2.7m clear width of driveway. Furthermore the proposed fencing and gate at the Whittakers Lane exit will not achieve compliance with the DCP or Australian Standard 2890 with regard to safe sight distance and as such the development in its current form cannot be supported in this regard. The landscaping plan submitted also indicates that the open style fencing will further obscured by the proposed landscaping. Achieving compliance with these requirements is expected to result in significant changes to the design and layout of the development. This issue was raised with the applicant in a letter dated 12 April 2016. The information received in response is not considered sufficient to address these requirements. The DCP requires maximum driveway grades of 1:20 for the first 3 metres from the property boundary and 1:7 for the remainder of the site. The driveway grades proposed do not comply with these gradients with a 1:10 gradient proposed for the first 7.5m from Queen Street and other internal non-complying gradients of 1:5 and 1:6. In addition, no information has been provided to confirm whether the proposed driveway gradients comply with the requirements of Australian Standard 2890. The requirement for compliance with the DCP and Australian Standard driveway gradients was requested from the applicant in a letter dated 12 April 2016. The information received in response is detailed above and does not comply with the DCP standards. No information was provided confirming whether the proposed gradient complies with the Australian Standard. If Council is inclined to support the proposal, it will be subject to a variation to this DCP standard for which no justification for the departure has been provided by the applicant. Uncertainty exists as to whether the design will comply with the Australian Standard and what impact this compliance may have on the overall design and layout of the development. Part H Notification – Development Control The proposed development has been notified to adjoining and adjacent landowners in accordance with Part H. Any submissions received in response to the notification are addressed in detail further in the report. In consideration of the abovementioned non-compliances with the DCP staff have considered the planning principals as defined by the Land and Environment Court (LEC). In Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 at 86-88 and 89-93; consideration has been given to Development Control Plans and their weighting when assessing a Development

https://www.caselaw.nsw.gov.au/decision/549f888d3004262463ace897


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Application in the Land and Environment Court. These decisions, and others, provide the principles relevant to consideration of development control plans. In summary they are:

A development control plan is a detailed planning document which reflects a council’s expectation for parts of its area, which may be a large area or confined to an individual site. The provisions of a development control plan must be consistent with the provisions of any relevant local environmental plan. However, a development control plan may operate to confine the intensity of development otherwise permitted by a local environmental plan.

A development control plan adopted after consultation with interested persons, including the affected community, will be given significantly more weight than one adopted with little or no community consultation.

A development control plan which has been consistently applied by a council will be given significantly greater weight than one which has only been selectively applied.

A development control plan which can be demonstrated, either inherently or perhaps by the passing of time, to bring about an inappropriate planning solution, especially an outcome which conflicts with other policy outcomes adopted at a State, regional or local level, will be given less weight than a development control plan which provides a sensible planning outcome consistent with other policies.

Consistency of decision-making must be a fundamental objective of those who make administrative decisions. That objective is assisted by the adoption of development control plans and the making of decisions in individual cases which are consistent with them. If this is done, those with an interest in the site under consideration or who may be affected by any development of it have an opportunity to make decisions in relation to their own property which is informed by an appreciation of the likely future development of nearby property.

Whilst it is acknowledged that Councils Development Control Plan requires reassessment in consideration of LEP 2013 the planning policy is still relevant, especially for residential development within the Oberon Township, and especially in consideration of such issues as Vehicle Circulation and Parking and climate control. Council staff assess all applications in accordance with the requirements of the Development Control Plan. Planning principles such as above assist when making a planning decision where there is a void in policy; or where policies expressed in qualitative terms allow for more than one interpretation; or where policies lack clarity. In Parsonage v Ku-ring-gai [2004] NSWLEC 347; (2004) 139 LGERA 354, Roseth SC published a planning principle concerning access to sun light. The planning principle published in that Parsonage is in the following terms:

Numerical guidelines dealing with the hours of sunlight on a window or open space usually leave open the question what proportion of the window or open space should be in sunlight, and whether the sunlight should be measured at floor, table or a standing person’s eye level. Numerical guidelines should therefore be applied with the following principles in mind, where relevant:

The ease with which sunlight access can be protected is inversely proportional to the density of development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain it is not as strong.


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The amount of sunlight lost should be taken into account, as well as the amount of sunlight retained.

Overshadowing arising out of poor design is not acceptable, even if it satisfies numerical guidelines. The poor quality of a proposal’s design may be demonstrated by a more sensitive design that achieves the same amenity without substantial additional cost, while reducing the impact on neighbours.

To be assessed as being in sunlight, the sun should strike a vertical surface at a horizontal angle of 22.5o or more. (This is because sunlight at extremely oblique angles has little effect.) For a window, door or glass wall to be assessed as being in sunlight, half of its area should be in sunlight. For private open space to be assessed as being in sunlight, either half its area or a useable strip adjoining the living area should be in sunlight, depending on the size of the space. The amount of sunlight on private open space should be measured at ground level.

Overshadowing by fences, roof overhangs and changes in level should be taken into consideration. Overshadowing by vegetation should be ignored, except that vegetation may be taken into account in a qualitative way, in particular dense hedges that appear like a solid fence.

In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.

The applicants repose to the lack of solar access to the proposed development has been included in the documents attached to this report. FINANCIAL IMPLICATIONS (e.g. Section 94) For the purpose of this Plan the application of contribution will be made to each of the following events (with the exception of those events which are identified as “exempt developments” in accordance with the Oberon Council Development Control Plan – Exempt Development):

to any additional lot created to an assessment (subdivision); and

to any habitable structure in excess of one applying to an assessment. Section 94 contributions are applicable to this development and have been already paid by the applicant. Development Application and other relevant fees totalling $81,139.44 have been paid by the applicant (including Section 94 payments and Construction Certificate fees). LIKELY IMPACTS OF THE DEVELOPMENT The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality: Context and Setting The proposed development involves the construction and subsequent strata title subdivision of eight (8) residential dwellings with an average floor area of approximately 121m². The eight dwellings are within four buildings that will be terraced on the site in response to its slope. The site is located within an established urban residential area and the design is generally of a bulk and scale that is appropriate in the context and setting of the surrounding built environment. The design of the development will not result in any unreasonable impacts on privacy, noise generation or view loss. However should the proposal proceed to approval, it is recommended that a condition of development consent be imposed to ensure adequate boundary fencing is


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implemented along the eastern and western boundaries of the site to protect the privacy between the private open space areas of both the development and adjoining residential properties. The development is of single storey construction and will be terraced following the slope of the site with generous setbacks from all boundaries. Because of this, there are no issues with overshadowing. Encroachment The site survey plans submitted with the development application identify an encroachment onto the site by a shed at the rear of the adjoining property to the east. The development has not been designed having regard to this encroachment. This issue was raised with the applicant on 12 April 2016 with a response indicating the applicant’s willingness to allow the encroachment to remain and facilitate a boundary adjustment to address the issue. If the development proceeds to approval it is recommended that the encroachment and related boundary adjustment be addressed and amended plans submitted prior to the issue of a construction certificate. Access, transport and traffic The proposal is for 8 residential units each containing a single garage as well as the provision of 6 visitor/additional car parking spaces within the site, giving the site capacity for 14 vehicles. A one way driveway is proposed across the site entering from Queen Street and exiting via Whittakers Lane. While both Queen Street and Whittakers Lane can be considered to have sufficient capacity to accommodate the traffic movements likely to be generated by the development, Council should consider the impacts the additional traffic movements from 8 new dwellings will have on Whittakers Lane which is currently constrained by a low traffic, single lane environment. It should be noted that the residential speed limit for Whittakers Lane is the same as that of adjoining Streets, being 50KM/h. This issue has been raised by the submissions objecting to the proposal. If the development is supported, consideration should be given to the precedent it may set for further intensification of traffic movements on urban lanes. An assessment of accesses into Whittakers Lane indicates that the lane (other than a through lane) is utilised predominantly as secondary access to residential allotments facing either Queen or Curtis Streets. A survey of allotments between Ross Street to the east and Raleigh Street to the east there are only 4 primary access points and 7 secondary access points to Whittakers Lane. Egress onto Whittakers Lane is of significant concern due to the design of the development. The location of the visitor car spaces, the design and location of the fencing, the anticipated number of vehicle movements and associated gate in conjunction with the narrow lane way contribute to problematic and potentially unsafe egress into the lane. Public domain The proposed development will not have a substantial impact on the public domain. Aside from the traffic generation issues raised above, the development will be fully contained within the site and will not result in negative impacts on the public domain or unreasonable demands on public infrastructure.


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Stormwater The applicant has provided conceptual details of a system to manage and dispose of stormwater runoff from the site that mitigates and prevents unnecessary impacts on neighbouring properties. If the development is approved by Council resolution, development consent shall be conditional on the requirement to provide a hydrological assessment in support of the proposed stormwater discharge system. Utilities There are no issues with utility supply to the development. The subject site is located within an urban environment with access to standard infrastructure services. Some upgrades to infrastructure may be required as a result of the development which will be undertaken at the expense of the developer in liaison with Council and utility providers. Heritage The proposed development is not expected to impact on items of heritage. The subject site has been previously developed and is in an urban environment with no known heritage values. Other land resources The proposed development is will not result in unreasonable impacts on other land resources. Water The proposed development includes provision for the management, detention and conveyance of urban stormwater within and away from the site. This will necessitate the provision of upgraded stormwater infrastructure to Council’s specifications. The development will be serviced by Council’s reticulated water supply with each dwelling serviced by a rainwater tank. Wastewater (sewage) will be disposed of via Council’s reticulated sewage system. Soils There are no expected issues with soils on the site. The proposal involves the terracing and benching of the site to facilitate the development. Earthworks will be subject to standard sediment and erosion control requirements. Issues associated to land contamination need to be further addressed. Air and microclimate The proposed development will not result in negative impacts on the surrounding air and microclimate. Flora and fauna The site is largely devoid of vegetation and does not comprise significant habitat. As such there are no issues with the development and its impacts on flora and fauna. Waste The proposed residential dwellings will be serviced by Council’s regular waste collection services following occupation. During construction, works will be subject to Council’s standard waste management requirements for construction sites.


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Energy The proposed development will not result in substantial additional energy demands. The development could have been designed to better facilitate solar access to living areas and reduce the need for winter heating. Noise and vibration The development will not result in unreasonable increases in noise and vibration. Impacts during construction will be regulated by Council’s standard requirements. Natural hazards There are no natural hazards expected to impact on the proposed development nor is the development expected to increase the risk of natural hazards in the locality. Technological hazards There are no technological hazards expected to impact on the proposed development nor is the development expected to increase the risk of technological hazards in the locality. Safety, security and crime prevention The proposal has been designed to incorporate gated secure access and egress points to minimise unauthorised entry to the site. There are no issues with the safety and security of the design of the development. Social impacts in the locality The proposal will result in the addition of 8 dwellings in the immediate locality. This will increase the population in the vicinity which in general is expected to result in a net benefit to the community. Concern has been raised in submissions in relation to intensification of population, increased traffic movements and other undesirable aspects of increased housing density. In general, the proposed development is considered appropriate for the site and will meet a need for this type of housing in the Oberon community. Economic impact in the locality In general, a net economic benefit to the community can be expected. Site design and internal design The design of the site includes 8 dwellings contained in 4 freestanding dual occupancy style buildings. The buildings are oriented on a north south axis with the orientation of the majority of habitable rooms to the east or west with minimal orientation to the more ideal northern aspect. While the floor space ratio complies with the requirements of Council’s DCP, a significant portion of the site is to be occupied by driveways and hardstand areas for car parking. This includes parts of the street and lane setbacks which limits opportunities for the softening of these common areas with landscaping. This is expected to result in a less than desirable internal layout and reduces the visual appeal of the development from the public domain. The DCP requires 75% of common areas to be landscaped. The proposal does not comply with this requirement. The design of the development also includes common car parking spaces and driveways directly against private habitable rooms with no opportunity for privacy screening of


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landscaping. Ideally, medium density residential development such as the current proposal should be designed to maximise the amenity of the future occupants of the dwellings by providing sufficient solar access and passive climate control and sufficient landscaping and privacy screening to provide a pleasant and comfortable living environment. The design and configuration of the development should also be such that it presents well to the public realm, contributes to the streetscape and is sympathetic to the character of the surrounding built environment. While the proposed development is permissible in the R1 General Residential zone and complies generally with the numeric standards of Council’s DCP, it is not considered a good overall design for the reasons outlined above. Many of these issues arise due to the number of dwellings proposed and the constraints of the site. Because of this, the development is considered an overdevelopment of the site. The issues raised can be addressed through an alternative design and/or reduction in the number of dwellings which would allow for a much better overall site design that addresses the public and private amenity issues and results in a more desirable built form. Construction No issues are expected during the construction of the proposed development. If approved, consent would be subject to standard regulatory requirements for construction activities. The Construction Certificate application has not been assessed by staff. Cumulative impacts Because of the design issues raised above, as well as the proposed use of the laneway for primary egress, if the development in its current form is approved it could result in establishing a precedent for similar style developments elsewhere in the Oberon township. As such, in making a decision in the determination of the proposal, consideration should be given to the cumulative impacts this development may have on encouraging developments of a similar built form and character elsewhere in Oberon. Any submissions made in accordance with this Act or the Regulations: The application was neighbour notified for a period of 28 days with closing date for submissions being 22 April 2016. Four (4) individual submissions were received (one of the submissions received has 11 signatories). Following the close of submissions, extensive additional information was received from the applicant, including variations and improvements to the design of the proposal. This additional information was distributed to the four submitters who were given further opportunity to comment. The table below summarises the issues raised in the submissions.

Issue Staff Comment

8 units is excessive, already 5 on corner

The density and floor area of the proposed development complies with the numeric standards specified in section C.8.2 of Council’s DCP.


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Exit on Whittakers Lane, extra traffic

The development will result in the generation of additional traffic in Whittakers Lane. Some increases in traffic movements can be expected in an urban environment where medium density development is permissible with consent. It is acknowledged that lanes are subject to physical and safety constraints which are reasons to discourage intensification of traffic movements. This issue could be addressed through redesign of the development and better use of the Queen Street frontage which is better suited to access/egress. The applicant has not provided to Council methods to mitigate impacts.

Impacts on neighbours in quiet residential area

The proposed development is permissible with consent in the R1 General Residential zone under the Oberon LEP 2013 and is consistent with the zone objectives.

Problems with water runoff and drainage

Drainage details have been provided in support of the application.

Access to site by heavy/articulated vehicles

The proposed development is not designed, nor intended to accommodate heavy or articulated vehicles. It is expected that these vehicles may occasionally need access to the site during construction and occupation of the development. These instances will be rare and subject to the same constraints of any other residential site. Concerns regarding driveway width and design have not been addressed by the applicant.

Visitors and parking The development provides the number of car parking spaces in compliance with the requirements of Council’s DCP. Any overflow car parking can be accommodated in Queen Street. Concerns relating to potential car parking and congestion in Whittakers Lane are valid.

Not enough information provided to assess impact

Council requested additional information from the applicant to address identified outstanding matters. This information was distributed to submitters for their information and further comment. No further clarification has been provided to Council from the applicant.

Units will create social problems and impact on quality of life

The proposed development is permissible with consent in the R1 General Residential zone under the Oberon LEP 2013 and is consistent with the zone objectives. Providing for additional and diverse housing options in a residential environment is considered to generally be a positive social outcome.

Concerns with possible noise from pumps and water tanks

This issue is a valid concern and could be addressed via conditions of consent if the development is supported by Council.

Concern over proposed cut and fill and impact on boundary fencing

The applicant has provided additional details clarifying proposed boundary works. Cut and fill will be retained within the development site with boundary fencing erected at natural ground level. This information has been provided to the submitter.


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No information on proposed subdivision

The applicant has provided a conceptual plan of proposed strata subdivision. This information has been provided to the submitters.

Not enough parking on site, where will overflow park?

The proposed development meets the minimum car parking requirements in Council’s DCP. Any overflow car parking can be accommodated in Queen Street. Concerns relating to potential car parking and congestion in Whittakers Lane are valid.

Concern over speed of traffic in lane

The lane is has the same legal speed limit as those of the surrounding streets, being 50KM/h.

Concern over ability for exiting vehicles to see oncoming traffic in lane

The proposed exit gate to Whittakers Lane will be required to comply with relevant Australian Standards relating to safe traffic movements. The applicant has not provided relevant information to Council regarding how these valid concerns would be mitigated.

Queuing traffic to enter from Queen Street will cause traffic problems

The applicant has not provided relevant information to Council regarding how these valid concerns would be mitigated.

Reference to historical uses and concern over potential contamination of site from previous fuel and chemical storage

The site has been subject to previous contamination assessment which has addressed the potential contamination of the site. Concern has been raised as to the compliance of this assessment with established guidelines.

Question over building height and possible overshadowing – insufficient info provided to assess

The proposed development comprises single storey dwellings cut into benches on the site making the proposed dwellings generally lower than those adjoining. This combined with the setbacks from the boundaries and boundary fencing means there will be no issues from overshadowing or overlooking.

Stormwater – question over control, collection and disposal

The applicant has provided sufficient supporting documentation to address the stormwater management on the site. If the development is supported by Council, appropriate consent conditions can be imposed, including the requirements for civil works in the public drainage system, to ensure stormwater management and dispersal is addressed.

THE PUBLIC INTEREST: S79C(1)(e) the public interest The development has been assessed having regard to public interest in particular in relation to managing the economic, social and environmental impacts. Council is mindful of the need to ensure that development occurs in a manner that is consistent and regulated by clear and measurable conditions of consent in accordance with the local planning framework and both local and state principles and guidelines. Council is further mindful of the need to assess all development applications individually and on merit, addressing the issues and avoiding emotive responses. In response to these potential concerns Councils assessment of the proposed development has been reviewed by a third party which concurs with Councils assessment.


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The proposed development meets many of the relevant design standards and statutory provisions applicable to the site and to a development of this nature. As outlined in this assessment, a number of issues have been identified which are not adequately addressed by the development proposal. Until these issues are addressed, the proposal is not considered in the public interest and is recommended for refusal. Does the proposal fit in the locality? The subject site is within the R1 General Residential zone and is considered suitable for appropriately designed medium density development. As outlined above, concerns are raised as to the quality of the design of the development and its compatibility with the character of the desired built form of the Oberon township. Are the site attributes conducive to development? In general, the site is considered suitable for appropriately designed medium density development. RISK IMPLICATIONS Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. The development application is currently subject of a Class 1 appeal in the LEC for a Deemed Refusal. DISCUSSION AND CONCLUSIONS The application is permissible in the R1 General Residential Zone and is consistent with the aims and objectives of that zone. A number of outstanding issues have been identified as outlined in this report. These issues are considered significant enough to affect the viability and integrity of the design of the development as proposed and cannot be suitably addressed through conditions of consent. Because of this, it would be inappropriate and unacceptable to recommend the approval of the development in its current form and it is thus recommended for refusal.


Future Direction 6. NATURAL ENVIRONMENT

Strategic Outcomes 6.1 Compliance with environmental legislation and guidelines

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

Operational Plan or other Plans

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


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13.03 REVIEW OF CONDITIONS – DA 10.2015.21.1 – SUBDIVSION 115 LOTS – BRACKEN GLEN LANE

File No: PR185-32 Author: Gary Wallace, Acting General Manager

Summary At its Extraordinary Meeting in May Council resolved to approve DA 10.2015.21.1 being a subdivision of land creating 115 allotments off Bracken Glen Lane. Council is now in receipt of correspondence on behalf of the applicant seeking clarification of and review of some of the conditions imposed.


1. Council resolve to review the conditions requested and provide clarification of conditions in accordance with the table

2. Council delegate to the Acting General Manager to approve the amendments made to the current consent upon lodgement of the appropriate applications.

3. That a division be called in accordance with the Local Government Act 1979.

Comment The conditions of consent relating to DA 10.2015.21.1 are ATTACHED for reference. Previously Council resolved to approve Development Application 10.2015.21.1 being the establishment of a 115 allotment subdivision at 32 Bracken Glen Lane, Oberon. Council is now in receipt of a request on behalf of the landowner seeking clarification and/or review of the conditions imposed as part of that approval. The conditions have been provided in the table below and staff comment in relation to the conditions imposed.

CONDITION APPLICANT COMMENT STAFF COMMENT/CLARIFICATION

DC 1 Has the RFS issued GTA’s of the approval

The RFS has issued there Bushfire Authority with no additional conditions. This condition has been met. No further action required.

1 Please clarify approved plans Error made in the approved plans. This will be rectified and re-issued to the applicant.

9 Is natural gas a requirement for Stages 7 and up as these stages are for 2ha development not 4000m2 lots. Additionally for street lighting. Further does electricity need to be underground

Given the application is approved for both residential and rural/residential type allotments the need for servicing is a necessity. It is understood that natural gas is not available in the vicinity of the development and therefore would be a requirement of Stages 1-6, not Stages 7 and up. This provision also generally applies to Street lighting. Clarification from Council is sort. A minor Modification of Consent Application would be required from the applicant to administer any change.

In relation to electricity the provision of


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underground power is becoming more prevalent. Clarification from Council is requested as to its intension of the condition. A minor Modification of Consent Application would be required from the applicant to administer any change

14 Applicant to approach bus company Noted

18 What does Council request in terms of a landscape plan

The condition has been administered to give the owner an opportunity to landscape the development accordingly. Council is required to signed off on the landscaping plan as a matter of course. It is considered that this condition should not be reviewed.

19 As 9 above As 9 above

20 The consent condition requires 10m width formation in Bracken Glen Lane and 8m wide formation in the internal roads. The DCP applies. It is understood that Council has approved a 7m wide link road from the O’Connell Road into the subdivision to the north. Accordingly, it doesn’t make sense having a 7m wide road and then linking with an 8m road and then finally back to a 10m road along Bracken Glen Road to Abercrombie Road.

It is proposed that Bracken Glen Lane be upgraded to an 8m wide seal and that any internal roads in any stage have an 8m wide seal

Officers seek Councils opinion on the request and advise that other approvals that utilise the propose link road are all 8m in width. This discussion will need to provide consensus from Council prior to being finalised. This request would need to be assessed by a Modification of Development Consent application Council position in relation to this request.

21 Compaction testing – Concession is requested in relation to this condition to provide testing every 50m at 100% standard.

Officers seek Councils opinion on the request and advise that other approvals that utilise the propose link road are all 8m in width. This discussion will need to provide consensus from Council prior to being finalised. This request would need to be assessed by a Modification of Development Consent application Council position in relation to this request.

25 Seeking clarification as to whether the driveway gate can be setback 10m from the edge of the seal.

The condition put in place generally relates to rural development. Council will need to provide clarification as to the request.

32 Is a Review of Environmental Factors required for works on Bracken Glen Lane where no vegetation removal is anticipated

This condition is in place to adequately address where the removal of significant vegetation is proposed. It will be dependent on appropriate design for the proposed works. This should be retained.

33 Relates to the RFS approval This condition has been satisfied by the issue of a Bush Fire Authority by the RFS.


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34 Can Council consider extending the 60km/hr speed zone to the west of Bracken Glen Lane.

This is not a consideration as part of this application as it would sit outside the parameters of this application. Any consideration of this request would need to be assessed separately. It is considered this not be considered as part of this request.

38 Could the condition requesting surrender of previous consents be deferred until the implementation of Stages 1-6.

Currently an approval for 2ha development exists where the applicant proposes to create 4,000m2 development. It is considered that should activation of any of these approvals will require the surrender of the other. It is considered that this request can be revised as part of the Modification requiring the surrender of the consent should any of Stages 1-6 be activated.

41 Please clarify why there is proposed restrictions on bores for Lots 81-115

Through the assessment of the Geotechnical Report submitted with the application it was found that there exists issues with separation distances for the disposal of effluent disposal on the allotments mixed together with potential for the use of ground water for a domestic supply. The restriction of bores reduces that perceived impact .It is recommended that this condition remain unchanged.

Should Council be of an opinion to consider some (or all) of the requests submitted it would need to be assessed through a Modification of Consent application. It is suggested that should Council be of mind to consider any of the variations requested that delegation to the Acting General Manager be authorised to consider these minor changes subject to the lodgement and assessment of a Modification of Development Consent application.


Notes:


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13.04 OBERON TIGERS RUGBY LEAGUE CLUB REQUEST FOR ASSISTANCE

File No: Recreation & Cultural Services/Event Management/Sporting & Cultural Events/2016 Author: Gary Wallace, Acting General Manager

Summary The Oberon Tigers Rugby League Club Inc. has written to Council requesting assistance with Semi Finals Ground requirements.

Recommendation: That Council provide $1,000 of General fund allocation and $1,000 in kind support to the Oberon Tigers Rugby League Club to host a Semi Final and possibly a Grand Final in Oberon.

Comment A copy of correspondence received from the Oberon Tigers Rugby League Club Inc. FOLLOWS. The Oberon Tigers may see three teams competing in the 2016 Group 10 Semi Finals with the Under 18’s, First Division and Premier League sides are all currently in the top five. The Tigers Committee has requested from Group 10 the criteria required for a Club to run a home semi-final and possibly the grand final. The club believe they would require portable toilets and change rooms, temporary seating and fencing off of the field to host the event. It is expected that 3000 – 4000 people made up of local spectators visiting teams and supporters would attend the Semi Final. The Tigers Committee has requested Oberon Council consider offering assistance either financially and/or with practical help with these preparations.


Notes:


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13.05 OBERON DENTAL CLINIC

File No: Recreation & Cultural Services/Event Management/Sporting & Cultural Events/2016 Author: Gary Wallace, Acting General Manager

Summary The Oberon Dental Clinic is currently leased by two visiting Dentists. The Western NSW Local Health Network attends the surgery two Wednesday’s per month and the Bathurst Dental Clinic attend every Friday.


1. Council delegate to the Mayor and Acting General Manager authorisation to allow discussions with Greater Western Area Health and Oberon MPS regarding opportunities for this service into the future.

2. Council allocate $2,000 from the general fund to allow for the immediate maintenance repairs for equipment at the current dental clinic.

Comment Over recent years there has been increasing maintenance required at the Oberon Dental Clinic building and with the dental chair, x-ray equipment, sterilisation and other ancillary equipment at the facility. All equipment in the facility is Council owned and maintained. The facility is currently leased to The Western NSW Local Health Network and the Bathurst Dental Clinic. The current lease arrangements with both tenants provide that Oberon Council is responsible for the servicing and maintenance of all dental equipment. The dental chair was last serviced in September 2015. The service included calibration and validation of the autoclave, andromeda vacuum and dental chair. The cost of this service was $2,244.00. In June further work was required to replace the suction separator canister at a cost of $484.00. During the visit it was noted that the chair has been temporarily fixed and requires a new water unit circuit board and repairs are also required for the arm of the x-ray machine. The quote to carry out these additional repairs is $1454.20. Discussion has been held with the company that services and repairs the chair to gauge an understanding of further issues that are likely to arise in the near future with the dental equipment. A full condition report can be provided with the next repairs or service at a cost of $200. The chair is due for its annual service in September, the estimate for this is $2,200. Due to equipment age and ongoing maintenance issues the costs for a replacement chair have also been investigated and are estimated to be between $30,000 - $40,000.


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In addition there has been a number of requests from the Western NSW Local Health Network to have some repair work and modifications made at the Dental Clinic. This work includes:

Painting the front desk window

Install a lock on the door that separates the reception from the waiting room

Replace the reception sliding screen with clear fixed Perspex

Install a lock on the door from the waiting room into the spare room currently housing history projects being worked on by Friends of the Oberon Library

It was also suggested that the door between the waiting room and reception area could be replaced with a screen security door which would allow the reverse cycle air conditioner to be more effective and heat and cool both areas. The screen door would also allow the Dental Therapist to monitor the waiting area as they do not have a receptionist.

In summary to repair the existing equipment, provide the annual service and obtain a condition report of all equipment is estimated to cost approx. $3,850.00 in the 2016/17 financial year. The estimate to carry out repairs and modifications to the building which have been requested has not been fully costed but is expected to be approx. $5,000. The current budget allocation for building and equipment maintenance in this financial year is $2,500 for the annual service. There is currently no maintenance budget allocation. Given the age of the chair it is considered that should Council continue to provide this service the need to provide for a new chair would be paramount. Alternatively, Councils Community Strategic Plan (CSP) provides for Council to operate in the ‘health space’ as an advocate. As such, it would be ideal to enter into discussions with the appropriate health providers to continue this service. Should those discussions be unproductive then a further report seeking Council direction in relation to the ongoing operations would be proposed.


Notes:


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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 July Council Meeting including Human Resources and Workplace Health & Safety, Executive Support matters, Community Activity, Regional Issues, Executive Management Team Meetings, planned activities and major work within the Planning & Development Department.


Commentary 1. PLANNED ACTIVITY FOR SEPTEMBER and OCTOBER TOURISM STRATEGY – The draft Tourism strategy has been placed on public exhibition. The exhibition period closed on Thursday 21 July 2016. Feedback will be provided to Council at the conclusion of the exhibition period. The draft document and submissions will be addressed during August with the document being submitted to the September Ordinary Meeting for endorsement. LAND SALES – Council’s solicitor is progressing the sale of Hathaway Cottage. Correspondence with the purchaser has been undertaken and correspondence is expected in August. Edith Road residential allotments are now on sale with both local agents. Ongoing and new agricultural leases that expired in July have now been re leased or removed from lease agreements. The reef reserve has not been re-issued. Work is continuing on the development of the Common Master Plan. Opportunities for the sale of land in the Industrial Subdivision continue to be sought. CENTRAL WEST/ORANA REGIONAL PLAN – The Department of Planning and Environment provided a presentation to Councillors on Tuesday 12 April outlining the Draft Central West and Orana Regional Plan which is the first time a consolidated strategic plan has been prepared for all 20 Local Government Areas that comprise the Central West and Orana region. The Plan has been exhibited and a submission lodged on behalf of Council during the exhibition period. REGIONAL LIVING EXPO – held on 6 -7 August. The Mayor has provided a report in relation to the experience. STRATEGIC PLANNING –the submission in response to the draft Central West and Orana Regional Plan is being prepared for submission to the Department of Planning and Environment. Concern has been raised over the inappropriate level of recognition to those smaller towns outside the regional centres as well as inconsistencies within the Plan relating to infrastructure readiness opposed to population growth. Commentary on the proposed new complying and exempt SEPP is being prepared and provided to the Department of Planning and Environment. Further negotiations to secure ongoing heritage advisor assistance from the Office of Environment and Heritage continue.


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Planning proposals for the preparation of functions centres as permissible use in RU1 primary production zone continue. Exhibition of the gateway will be undertaken in August. 2. ACTIONING COUNCIL DECISIONS Following each Council Meeting the General Manager and Directors review the decisions and agree on a priority for actioning these decisions. Each Director has been requested to provide an update in the Monthly Activity Report, as well as reporting on actions to the General Manager.

Minute Number Summary/Progress

20 October 2015 ORDINARY COUNCIL MEETING

05 201015 Plan of the Oberon Common to be developed by a subcommittee of Council.

- Survey plan has been developed and preliminary discussion held with Council relating to Master Plan for future development of Common.

- Meeting of the Common Working Party held on 10 May 2016 Matter ongoing

15 December 2015 ORDINARY COUNCIL MEETING

03 151215 That Oberon Council subdivides land it owns in Curtis Street to have Hathaway and the Self Care Units on separate Allotments with a service road between to access to the rear of each lot.

- Application currently being prepared for lodgement Matter ongoing

29 151215 30 151215

That Council in principal approve the sale of the 2.1267ha of road reserve fronting 1300 Abercrombie Road, Oberon. 1. Council determine an appropriate price for the sale of the land in

accordance with the valuation of OPTEON Group Pty Ltd. 2. The Acting General Manager and Mayor be delegated authority to sign

relevant legal documents associated with the transfer of the land. 3. Other relevant neighbours be contacted to ascertain interest in the land.

- Item 3 – concluded. Item’s 1 & 2 ongoing. AGM has met with landowner in relation to the sale. Landowner will provide correspondence back to Council in relation to the land for consideration. No correspondence has been received at 11/7/16.

Matter ongoing

15 March 2016 ORDINARY COUNCIL MEETING

20 150316

1. Council proceed with an independent valuation of the land. 2. That all owners of land adjoining the Drainage Reserve be advised in

writing of the sale and given the opportunity purchase. 3. All costs associated with the sale of a Drainage Reserve including legal,

survey and application fees are to be borne by the purchaser, as part of the sale price.

4. A further report be provided to Council for consideration upon receipt a valuation for the reserve and appropriate expressions of interest. Further information is to be provided outlining its current use and uptake from water users.

Matter progressing. WED to undertake desk top hydraulic assessment of drainage users.

Matter ongoing

40 150316 1. Acknowledge that there are extenuating circumstances surrounding the procurement of electricity and as such Council should be excused from the tendering requirements under S55 of the LG Act,


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2. Engage Energy and Management Services to conduct the procurement process for electricity for the next rounds of small sites, large sites and street lighting contracts, and

3. Delegate the authority to execute the contracts for the supply of electricity to the Mayor and General Manager.

Matter ongoing

41 150316 1. Council accept the revised offer from Borg Group for the purchase of the premises known as Hathaway Cottage subject to the Council conditions contained in the report.

2. No other additional cost beyond administration costs in processing the Subdivision and Change of use application be borne by Council.

3. Council not bear any construction costs associated with any change of use.

4. A sale of contract be issued as soon as practical listing the conditions that have been agreed and providing a timeframe the conditions would expect to be met in.

Borg advised of acceptance of offer and contracts are being drawn. Matter ongoing

31 May 2016 FINANCE COMMITTEE MEETING

11 310516 That Council delegate authority to the Mayor and General Manager to negotiate a sponsorship package for the 2016/17 Mayfield Garden Music Festival.

- Council has sought a meeting with organisers. To be held in the near future.

21 June 2016 ORDINARY COUNCIL MEETING

15 210616 That Council place the Draft Oberon Tourism Strategy on public exhibition. Document on public exhibition until 21 July 2016.

23 210616 1. Give ‘in principle’ support the inclusion of Lots 6 & 7 section 63 DP 758805 in the land that currently forms the Reserve Trust for the Oberon Golf Club.

2. Write to the Department of Primary Industries – Crown Lands and the Minister indicating its support for the inclusion of the additional land.

3. Delegate to the Acting General Manager and Mayor all functions associated with the inclusion of these parcels into the Reserve Trust.

Met with Golf Club and Council Solicitor to discuss the options available. Consensus has been reached in formal application has now been made to Crown Lands for the execution of a licence for the land.

Matter Ongoing

19 July 2016 ORDINARY COUNCIL MEETING

22 190716 Used Motor Oil Collection Tender

1. Accept the tender submitted dated 13 May 2016 in accordance with the details in the staff report for the initial two (2) year term and sign the required contract documentation

2. That the resolution regarding this tender remains confidential to the Council and NetWaste until all Councils have confirmed their acceptance or otherwise and an acceptance notice and all tenderers have been informed of the outcome.

Contract entered, Matter Closed


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With respect to outstanding actions from previous Council Meetings the Acting General Manager will review these with the Mayor and the Directors on at least a monthly basis. If any Councillor requires an update on a specific item they should contact the General Manager or the relevant Director, or submit a Councillor Request Form to the Executive Coordinator. 3. WORKPLACE HEALTH AND SAFETY AND HUMAN RESOURCES Includes information provided supplied by Human Resources Coordinator (HRC) and Work, Health and Safety Coordinator (WH&SC). WORKPLACE HEALTH AND SAFETY One WHS incident was reported during July 2016. During the extreme weather conditions, a library employee slipped on ice and slime at the back door of the library. No injury was reported. Works staff provided salt to ensure that in future this area is kept safe. DAYS WITHOUT LOST TIME BECAUSE OF INJURY

Department/work area 30 June 2016 31 July 2016

Administration 430 461

Works 190 221

Library 482 513

OVIC 1332 1363

Workshop 1050 1081

Meetings /activities attended 4 Jul Attended EMT meeting to discuss RMAP objectives for financial year 2016-17

5 Jul Meeting with Parks & Gardens Supervisor to review inspection documentation

6 Jul Meeting with WED and Assets Coordinator and WED to set timeframes to categorise road conditions and address backlog.

13/14 Jul Dust Diseases bus attended Oberon Works Depot and conducted respiratory screenings for staff who are concerned that they have been exposed to asbestos.

18 Jul Meeting with RMS Field Traffic Manager and Council staff to discuss and clarify procedures for road closures and re-opening when responding to extreme weather events.

26 Jul Meeting with Grants Coordinator to discuss risk management procedures relating to the proposal to install a pontoon at The Reef.

26 Jul Complete contractors’ induction assessments and provide cards.

27 Jul Review draft Risk Management Action Plan for Road Closure Procedures during extreme weather conditions, with WED, EC, EAA and supervisors.

27 Jul Complete StateCover self-audit survey

28 Jul Completed StateWide Continuous Improvement Plan (CIP) workbook for Roads, with WED

Upcoming meetings/events 3 Aug Annual StateCover visit to review claims

11 Aug Roads inspections procedures and documentation review

Sept CENTROC WHS/RM Group meeting in Orange

Complete StateWide CIP workbook for Parks & Gardens

WHS Committee meeting


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HUMAN RESOURCES MONTHLY REPORT Recruitment Activities Glen Stapleton has been appointed to the position of Town Maintenance/Waste Operator. Internal recruitment for a Labourer with the Works Department and an Asset Coordinator with Engineering has commenced with the application process due to be completed by the end of August. A temporary Finance Coordinator continues to fulfil the role with no recruitment process underway at this time. Training and Development The following training activities were undertaken during May:

WHS responsibilities for Supervisors and Managers – SafeWork NSW, onsite.

Remote Supervision by Signs, various staff – SafeWork NSW, onsite.

Managing Outdoor Staff and Contractors, works staff – Centroc, onsite.

Workers on Foot, works staff – Wellington Council, onsite.

Waste Management Conference, Town Maintenance and Waste Coordinator – REROC, Wagga Wagga.

June:

Chainsaw Training, works staff – Complete Vegetation Management Training, onsite.

Dangerous Dog Handling – Animal Control Officers - Centroc, onsite.

Best Practice On-site Sewage and Stormwater Management Conference, Planning staff – Water NSW, Blue Mountains.

Finance Conference, Finance and Community Services Director – LG Professionals, Sydney.

Playground Inspector Training, Works staff – Centroc, Bathurst.

July:

Contract Law for Non-Lawyers, Engineering and Finance staff – Centroc, Bathurst

Local Government Rangers Conference, Animal Control Officer – AILGR, Parramatta.

DrumMuster, Works and Planning staff – DrumMuster, Inhouse

The following training has been scheduled:

Employee Assistance Program, all staff – Converge, onsite.

Traffic Control, Works and Engineering Staff – Centroc Bathurst

Awareness of Canine Temperament, Animal Control Officers – Centroc, Oberon

Landfill Conference, Town Maintenance/Waste Operator – TAFE, Albury

Manual Handling,


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Upcoming Meetings/Events

LGNSW HR Meeting, Sydney – 7 September, 7 December 2016

Centroc HR Meetings, Orange/Bathurst – 23 August, 22 November 2016

Consultative Committee Meeting, RFS Training Room – 30 August 2016 4. EXECUTIVE SUPPORT – MEETINGS & VISITOR INFORMATION CENTRE Includes information provided by the Executive Coordinator. ACTIVITIES & MEETINGS Council Page in the Oberon Review was prepared each week during July with advertising and information. This included the Mayoral Column, Road Works updates and Library News. Articles included – lease council land, public exhibition of the draft Oberon Tourism Strategy 2016/17 – 2020/21, winter weather campaign, determinations June 2016, Black Springs and Burraga tip opening dates, local government week activities, DA 10.2016.26.1 change of use B & B, council meetings August 2016 and books on prescription launch. Council Website and Council Facebook Page updated with media releases and relevant articles. “Good News Week” newsletter was issued to Councillors on 8, 15, 22 & 20 July. 8 Jul Planning meeting for Regional Living Expo

13 Jul Staff meeting CTC and Visitor Information Centre staff update and revised procurement policy

14 Jul Review of promotional banners for Regional Living Expo

18 Jul Planning meeting for Regional Living Expo

18 Jul RMS – review of procedures for extreme weather conditions road closure events

19 Jul First National re Regional Living Expo


26 Jul Daffodil Fairies re progression of projects at Apex Park

27 Jul Review of Risk Management Action Plan and procedures for extreme weather conditions

27 Jul Ray White Emms Mooney re Regional Living Expo

28 Jul Borg Panels re Regional Living Expo

1 Aug Jenolan Caves/Mayfield Garden re tourism opportunities

1 Aug Mayfield Garden

2 Aug Regional Living Expo – bags for visitors

5 – 6 Aug Attend Regional Living Expo, set up Fri 5 Aug and attend stand Sat 6 Aug VISITOR INFORMATION CENTRE VISITORS FOR JULY 2016 Domestic 1,016 International 47 TOTAL: 1,063


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MAJOR TOURISM REQUESTS FOR JULY 166 Snow/weather 112 Fossicking 82 Roads/Directions 82 Jenolan Caves Accommodation Enquiries 100 and camping 23 Events for July included: 2 Jul Oberon Farmers Markets

2 – 30 Jul Wednesday and Saturday Yulefest Jenolan Caves House, Jenolan Caves

5 – 15 Jul School Holiday Activities – Christmas in July

6 Jul Oberon Community Transport Social Bus Trip to visit Rylstone

14, 15 & 16 Jul Yulefest (Christmas in July) Dinner Tourist Hotel, Oberon

20 Jul Oberon Community Transport Social Bus Trip to visit Bathurst Sheep and Cattle Drome

23 Jul Tigers Annual Ball Oberon RSL Club

24 Jul Christmas in July Luncheon at Mayfield Garden

24 Jul Tarana Farmers Markets Upcoming Events 13 Aug Oberon Tigers Can Assist Fundraiser

13 Aug Music on Mount David Concert piano and cello

13 Aug The 28th Kidney Kar Rally comes to Oberon – teams staying overnight

27 Aug 57th Annual Burraga Sheep Show and Country Fair ADMINISTRATION AND OTHER ACTIVITIES The OBTA Winter Photographic Competition is now requesting entries to be sent in, the sections for Winter are: Active, Landscape, Industrial, Historical and an open section for Children ages 8 to 12 years of age. Entries close on 30 September 2016. Representatives of Jenolan Caves, Mayfield Gardens and Oberon Council have met again to discuss tourism opportunities for the region. This meeting discussed branding strategies for both the Oberon LGA and the individual attractions of Jenolan Caves and Mayfield Garden. A workshop will be held in the near future to develop a famil/customer service program. Time has been spent collecting information, updating flyers and meeting with OBTA and other relevant stakeholders to coordinate the Oberon stand at the Regional Living Expo being held on 6 – 7 August 2016. Information on display included attractions in the region, opportunities for relocation, skills and job opportunities, real estate and major industries. COMMUNITY ACTIVITY, REGIONAL ISSUES and OTHER MEETINGS (JULY/AUGUST 2016) The following is a summary of meetings attended by the General Manager. 14 Jul Meet with CTC and Visitor Information Centre Staff – update

18 Jul Regional Living Expo – working party meeting

19 Jul Crennan Legal re planning matter

19 Jul Rural Fire Service Meeting re O’Connell Shed


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20 Jul EMT Meeting

20 Jul Ross Gibson re Conditions of Consent

21 Jul Statewide Mutual Integrity Management for Local Government One Day Workshop

22 Jul Borg and HPP re issues with noise complaints

25 Jul Regional Living Expo – final

26 Jul O'Connell & Mayfield Station Project Initiation Documentation

26 Jul Daffodil Fairies

26 Jul Common Working Party

27 Jul Mapping issues in the Regional Plan

28 Jul GMAC Orange

29 Jul Oberon Leagues Club re Semi Final grounds requirements

1 Aug Jenolan Caves & Mayfield Garden re tourism opportunities

3 Aug StateCover visit

4 Aug Annual Section 356 Donations Presentation

5 Aug Jeans for Genes fundraiser morning tea

5 Aug Local Government Week tour of LGA highlighting recent projects completed under SRV and LIRS funding

5. PLANNING AND DEVELOPMENT MATTERS STATUS OF COUNCIL DECISIONS

Minute Number Action Taken

30160413 Waste Less Recycle More

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

Matter Ongoing

06 151215 Notice of Motion

Parkland in Glyndwr Avenue. Amendment to the LEP required.

Matter Ongoing

15 160216 Planning Proposal Titania

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

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

Matter Ongoing

19 April 2016 ORDINARY COUNCIL MEETING

14 190416 Development Application 10.2016.17.1 – Dual Occupancy - Relocatable Dwelling

That Council approve the Buffer Management Plan submitted with DA 10.2016.17.1 and delegation be granted to Councils Acting General Manager to approve DA 10.2016.17.1 for a proposed Dual Occupancy - Relocatable Dwelling with a boundary setback of 22m from the Western boundary on Lot 70 in DP 666035, 1149 Edith Road, Edith.

Awaiting payment S94 contributions


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17 May 2016 ORDINARY COUNCIL MEETING

16 170516 Planning Proposal Function Centre

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

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

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

4. Authorise the Acting General Manager to submit the above planning proposal to the Department of Planning and Environment requesting Gateway Determination in accordance with the requirements of Section 56 of the Environmental Planning and Assessment Act 1979.

Exhibition of the gateway is expected between July and August. Matter ongoing

31 May 2016 EXTRAORDINARY COUNCIL MEETING

06 310516 Development Application 10.2016.24.1- Dwelling with sub-floor parking and storage

Delegation is granted to the Acting General Manager to vary Covenant No 2 of DP1142106 – “Restriction on Use of Land” associated to Development Application 10.2016.24.1 for the construction of a dwelling with sub-floor parking and storage at Lot 3 in DP 1142106, being known as 2068 Beaconsfield Road, Wisemans Creek. Pending receipt of further information.

Matter ongoing


04 190716 Development Application 10.2015.81.1 – 24 Hour Service Station

Council approve Development Application 10.2015.81.1 for a 24 hour Service Station, Managers Studio and associated Boundary Adjustment on Lot 8 and 9 in DP 248152, being known as 1 Horace Street, Oberon in accordance with the 79C Assessment and conditions contained within this report.

Consent issued, matter closed

DETERMINATIONS The following Applications and Certificates were determined in July 2016

Determinations July 2016 (S.101 E.P. & A. Act.) REF NO. DEVELOPMENT TYPE STREET ADDRESS

10.2015.75.2 Modification-change location of dwelling

114 Gingkin Road GINGKIN

10.2016.44.1 Demolition 82 Ross Street OBERON

19.2016.23.1 On-going use of On-Site Waste Water 1941 O’Connell Road O”CONNELL

10.2016.9.1 19.2016.3.1

Dwelling and On-Site Waste Water 22 Cranfield Road CHATHAM VALLEY

10.2016.42.1 11.2016.42.1 19.2016.20.1

Dwelling and On-Site Waste Water 11 Bell Street OBERON


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10.2016.43.1 11.2016.43.1

Conversion of Café to a Dwelling 2 Duckmaloi Road OBERON

19.2016.24.1 Ongoing use of On-Site Waste Water 4340 Abercrombie Road PORTERS RETREAT

10.2015.101.1 11.2015.101.1 19.2015.51.1

Dwelling and On-Site Waste Water 1308 Dog Rocks Road Essington

10.2016.45.1 Dwelling 16 Blenheim Avenue OBERON

10.2015.81.1 24 Hour Service Station 1 Horace Street OBERON

Copies of determinations are available for inspection at Council’s Administration Centre. Total fees for Applications during July 2016 were $7,857.87. The year to date income is $7,857.87 which is 8% of the total income ($99,000) estimated. Applications for the calendar year are being provided in a table form to give an outline of applications being lodged against those of the previous year.


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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 July 2016 the following Certificates were issued:

CERTIFICATES NUMBER ISSUED

SECTION 149(2) AND (5) PLANNING CERTIFICATES

Environmental Planning and Assessment Act, 1979

14

SECTION 735A CERTIFICATES AS TO NOTICES

Local Government Act, 1993.

7

SECTION 121ZP CERTIFICATES AS TO ORDERS


2

SECTION 149D BUILDING CERTIFICATES


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.

OBERON ANIMAL POUND The following are details of activity at the Animal Pound in July 2016.

0

10

20

30

40

50

60

Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

be

r

Oct

ob

er

No

vem

be

r

De

cem

ber

Certificates for 2015/2016

Building Certificate

121ZP

735A

149's

Total certificates 2015


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In July 2016 there were no Dangerous Dog Declarations, no Dangerous Dog Orders or Notice of Intentions to declare a dog dangerous issued.

MISCELLANEOUS MATTERS

Various inspections, including building inspections, health inspections, environmental inspections and complaints were conducted during July 2016.

TYPE OF INSPECTIONS NUMBER

Building Inspections 31

Food Inspections 0

Environmental Inspections (Air, Noise and Water Pollution) 0

Subdivisions Certificate Inspections 3

Complaints (Including Animal Control) 6

Building Maintenance Inspections 5

Notes:

0

2

4

6

8

10

12

14

16

Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

be

r

Oct

ob

er

No

vem

be

r

De

cem

ber

Nu

mb

er

of

An

imal

s

Month

Number of cats and dogs impounded 2015/2016

2016 Carried Over

2016 Dogs

2016 Cats

2015 Cats & Dogs total


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14.02 MONTHLY ACTIVITY REPORT - WORKS AND ENGINEERING

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Works and Engineering Director

Summary Providing a summary of the work activities in the Works & Engineering Department for the month of July 2016 and including scheduled work for the coming month of August.


Comment 1. UPCOMING/PLANNED WORKS The following works will commence during the month of August 2016: LIRS Funded Works - Staff will continue works on drainage and gravel road improvements on Sheep Station Road and Armstrong Road. Maintenance Grading – Roads maintenance activities will be completed on Nunans Hill, Gingkin, Gingkin Valley, Ivers, Schumacher’s, Bald Ridge, Gilmandyke, Forest Lodge, Moss Grove and Jeremy Roads. Heavy Patching Works – Recent rain has seen several ground water springs break out on: Arkstone, Knapsack, Spring Mount, O’Connell, Swatchfield and Loch Erin Roads as well as, Tilsbury Lane. Council is currently undertaking or planning drainage repairs for these effected roads. Parks and Gardens – Staff will be commencing the winter tidy up the Oberon Street Garden beds over the month of August, removing leaf litter, pruning shrubs and removing some of the invasive vegetation that has overgrown. Mulch will also be applied to the beds to give them a face lift in readiness for Spring. Dog Rocks Road – Road works continue on Dog Rocks Road with the continuation of road base materials being applied to the road surface. It is envisaged that the 2.9km of road will be ready for bitumen seal late September/October 2016. Fallen Tree Clean Up – With the recent windy weather Council continues to clean up after many roads were affected by fallen tree’s, Council has applied for Natural Disaster Assistance funding to help with the massive clean up. Albion Street Footpath – Staff are continuing to extend the concrete footpath along the southern side of Albion Street. It is envisaged that the $20,000 of Town Improvement funding will join up the remaining missing link of path between Ross Street and Columbia Homes. Piped Culvert Installations – additional piped culverts will be installed on Carlwood Road and Bolton Lane during maintenance grading activities during August. The additional pipes will improve drainage and it is envisaged that they will eliminate damage created from storm water crossing the road pavement at various locations.


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Beaconsfield Road – Completion of the road restoration works on Beaconsfield Road, near Arrows Pit from gravel winning within the road reserve. Shade Sails – Development application will be made during the month of August to construct 2 new sets of shade sails at the entrance to the Oberon Poll Complex. One set of sails will cover the existing children’s play area, whilst the other cover the opposing picnic table and chairs creating more inviting amenity to the entrance of the pool. It is anticipated that works will be completed prior to the opening of the new 2016 swimming season. Lowes Mount Road Repair – Work is proposed to be undertaken during August on a curved section of the road approximately 200m north of Black Bullock Road Intersection. Work to lift a defective depression in the road should, currently causing a safety concern for heavy vehicles. Bus Shelter - A new bus shelter will be placed on the already prepared concrete slab on Arkstone road week commencing 15 August. Jenolan Caravan Park - Installation of additional sub-surface drainage to prevent ground water and rising moisture into the sub structure of the existing main office building. WORKS ON LOCAL ROADS, BRIDGES, PARKS AND PRIVATE WORKS UNDERTAKEN DURING JULY LIRS Funded Works – Gravelling and drainage works have commenced, and are continuing, on Gingkin Road, Gingkin Valley Road, weather permitting. Maintenance Grading – Grading has been completed on Dreves, Arties, Hazelgrove, Snake Valley, Phil’s Falls, Honey Suckle, Carlwood, Saunders, Bosworth Falls and Bloomhill Road as well as Ryan’s Lane. Edith Road – Road widening works continue on the extension of the previous Repair program works. Vegetation removal for future widening has occurred across the next 1km to 1.5km section of road, in preparation for road upgrade works in October. Dog Rocks Road – Work commenced on the gravelling of 2.9km of the Dog Rocks Rd. Wet Weather Repairs - The wet weather during July required the outdoor crews to clear roads of trees and fallen debris as well as clearing low level crossings so that they are trafficable. A major bog was attended to on Arkstone Road as well as many other bogs from springs opening up on roads due to the saturated ground water tables. Pothole Repairs – Pothole maintenance was stepped up during the month of July with the heavier then average rainfall. The amount of repairs required on local roads, Regional Roads and the State Highway was tripled. PRIVATE WORKS

The Prime Mover & Low Loader undertook 6 Private Works during July 2016.

Council’s wash bay was also used privately.

The total invoiced for Private Works in July 2016 was $2,414.00.


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2. WORKS FOR ROADS AND MARITIME SERVICES (RMS) Monthly Works update July 2016:

Submission of Monthly SPR (System Performance Report) to RMS under RMCC Contract

RMCC Routine Maintenance is going on as normal day to day operations.

Due to wet weather increased inspections and maintenance works on Duckmaloi Rd and O’Connell Rd are being stepped up.

At the intersection of Jenolan Caves Road & Duckmaloi Road failure of recent heavy patching due to wet weather.

Forward Works Program: Preparation of work proposal for the MR54 rehabilitations works on the Trunkey Road. Inspections and routine maintenance works on both Duckmaloi and O’Connell State roads. Preparation of Quality Control (QC) Documentation for proposed rehabilitation projects. 3. WORKS ON TOWN IMPROVEMENTS Albion Street Footpath – Staff are continuing to extend the concrete footpath along the southern side of Albion Street. It is envisaged that the $20,000 of Town Improvement funding will join up the remaining missing link of path between Ross Street and Columbia Homes.

4. PLANT & WORKSHOP REPORT

General maintenance and repairs have been undertaken on trucks, graders, rollers and minor plant such as chainsaws, mowers and light fleet vehicles during the month of July.

Maintenance and Repairs

DATE DESCRIPTION OF WORK

1/07/2016 # 46 - ISUZU WATER CART FUEL TANK VACUUM PROBLEM -TRACSERV

ORANGE

1/07/2016 # 44 - ISUZU 4X4 TRUCK REPLACE WINDSCREEN

1/07/2016 # 89 - HOLDEN COLORADO

4X4 DUEL

REPLACE FUEL CAP

21/07/2016 # 62 - MITSUBISHI TRITON 4X4 REPLACE FRONT BRAKE PADS / MACHINE

ROTORS

22/07/2016 # 52 - HINO TIPPER REPLACE SUSPENSION WEAR PAD LH

REAR DIFF


4X4 DUEL

REPLACE BATTERY


4X4 DUEL

FIT WARNING BEACON


4X4 DUEL

FIT NIGHT WORK LIGHT


4X4 DUEL

WIRING TO TRACTION CONTROL REPAIRED

/ BATH HOLDEN

26/07/2016 # 5 - BOMAG COMPACTOR REPLACE WINDSCREEN


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26/07/2016 # 56 - DRAKE LOW LOADER REPAIR AUXILIARY PUMP MOUNTING

PLATE

26/07/2016 # 79 - TOYOTA HILUX 4X4 LOW RANGE ACTUATOR REPLACED / BATH

TOYOTA

28/07/2016 # 90 - TOYOTA HILUX CREW

CAB 4X4

FIT NIGHT WORK LIGHT

RFS Maintenance and Repairs


7/07/2016 BFO 6261 - OBERON CAT 1 FIT B/A CABINET

13/07/2016 BFO 6055 - BLACK SPRINGS CAT 7 SERVICE - PINK SLIP

13/07/2016 BFO 1723 - GINGKIN CAT 7 SERVICE - PINK SLIP

20/07/2016 BFO 2333 - SHOOTERS HILL CAT 7 SERVICE - PINK SLIP

General Work


22/07/2016 PUMP STATION REFIT RECONDITIONED # 1 PUMP /

NEW CABLES

23/07/2016 ASSIST WITH TREES ON ROADS

5. ATTENDING EXTERNAL MEETINGS The Works and Engineering Director attended the following meetings during July 2016:

1 July On site meeting with contractors and Oberon Little Athletics regarding installation of long jump pit at the Recreation Ground.

1 July On site meeting with property owner regarding property access.

1 July Inspection of Bosworth Falls Rd with property owner.

4 Jul On site inspection of maintenance required on roads in the Burraga area.

5 Jul Meeting regarding the Mobile Blood Van.

6 Jul Meetings with indoor and outdoor staff to introduce the Procurement Policy.

14 Jul Asbestos Dust Bus

19 Jul Meeting with RFS regarding proposed RFS Shed at O’Connell

19 Jul Chifley Zone Liaison Committee meeting – Bathurst.

20 Jul On site meeting at Abercrombie Hill – planning of upcoming works

26 Jul Chifley Bushfire Management Committee meeting

26 Jul Meeting with State-wide regarding assets

26 Jul Meeting with Daffodil Fairies

28 Jul Contract Law course – training, Bathurst

29 Jul On Site meeting with Oberon Leagues Club to discuss semi final preparation of grounds.

The Project Engineer attended the following training during July 2016:

28 Jul Contract Law course – training, Bathurst


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14.03 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES

File No: Governance/Meetings/Ordinary/August 2016 Author: Lynette Safranek, Finance and Community Services Director

Summary This report provides a summary of work within the Finance and Community Services Department during July 2016, plus planned activities for the upcoming months.


Comment 1. PLANNED ACTIVITIES FOR AUGUST AND SEPTEMBER

JEANS 4 GENES FUNDRAISER – Oberon Council is holding a Genes for Jeans fundraising morning tea on Friday 5 August 2016 in the Council Chambers. The Morning tea is open to entire community. A local community member, Bev O’Brien, who produces quilts and a variety of items from old denim will be selling her products in the Council foyer, with all proceeds from both the sales and morning tea donated to the Jeans 4 Genes Foundation. OBERON YOUTH COUNCIL – The Youth Council meeting scheduled for 2 August was postponed until Friday 19 August due to snow. The meeting on 19 August will be held from 6.00pm at the Oberon RSL Boardroom, over dinner. The focus of this meeting with be the Youth Week Disco that will be held in November at the RSL, the Community Fun Run, and a possible donation to a local youth who has an opportunity to travel to Sydney to advance his dancing career with the Bangarra Dance Company. COMMUNITY DONATIONS – On Thursday 4 August, Council provided donations and in-kind commitments to 42 local community groups. The Mayor presented the donations to representatives of the groups at a function at the Community Centre. 2. STATUS OF COUNCIL DECISIONS

Minute Number Summary/Progress

19 April 2016 ORDINARY COUNCIL MEETING

29 190416 REQUEST FOR RATE WRITE OFF A/C 12367567 - Council write off a portion of the current outstanding balance of rates for

account 12367567 under a Council payment plan as per direction to the Acting General Manager.

- Further that subject to an application being made to the annual Section 356 donation program, consideration be given to a contribution towards the annual rates.

Letter issued to Ratepayers and waiting a response.

21 June 2016 ORDINARY COUNCIL MEETING

09 210616 - Erect a new free standing sign at the Black Springs Community Hall that also incorporates a noticeboard, in consultation with the Black Springs Progress Association.

FCSD to attend BSPA meeting to discuss.


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12 210616 - That Council approve the amended policy 1206 – Procurement and Disposal for immediate implementation

Staff advised through staff meetings the week of 4 July 2016, posted on Intranet site and Council Website. Staff tool box meetings were held with both indoor and outdoor staff.

Completed

14 210616 - Council allocate an additional $50,000 for legal expenses for legal action currently being undertaken in relation to the State Government merger proposal of Bathurst Regional Council and Oberon Council.

Funds allocated as part of 2016/17 Budget Completed

30 June 2016 EXTRAORDINARY COUNCIL MEETING

02 300616 - Council adopt the Operational Plan 2016/17 incorporating the changes outlined within the report and any variation deliberated at the meeting.

- Council endorse the 2016/17 Fees & Charges per changes indicated in this report.

- Council adopt the 2016/17 Rating Structure as set out in this report. Operational Plan, Fees & Charges and Rating Structure for 2016/17 have all been placed on Council’s Website and implemented into the 2016/17 Budget.

Completed


10 190716 - That Council combine the Oberon Community Services Committee with the Seniors Welfare Committee and develop a unique working party for appropriate projects that arise in the future.

CSC members advised of date for first new committee meeting in September.

11 190716 - That Council combine the Oberon Seniors Welfare Committee with the Community Services Committee and develop a unique working party for appropriate projects that arise in the future.

SWC members advised of date for first new committee meeting in September.

3. INFORMATION TECHNOLOGY Some of the matters that the IT/GIS Coordinator has worked on during July include: - With the arrival of network switches needed for Unified Communications project, we have

schedule a site visit by Uplinx from 22nd August to assist with installation and configuration of switches and communications equipment. Cut over to the new phone system is scheduled for Wednesday 14th September 2016

- Preparations for the new phone switch over include changes to our directory server, current network infrastructure audit, cable tagging and redesign, and connection of 2 remote sites; the Pool complex and Waste Water treatment plant.

- Hardware troubleshooting and maintenance including diagnosing existing network issues for the Visitor Information Centre.

- Set up of a barcode scanning solution for the free Waste Voucher Scheme.

- All manner of technical support ranging from hardware, software and mobile devices, network and firewall level troubleshooting, and problem resolution.


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4. FINANCE Staff from Finance and Engineering attended the Contracts for Non-Lawyers training session hosted by Procurement Australia on 28 July in Bathurst. The day was an overview of basic elements of contracts, tendering processes, compliance, managing procurement, liability, risks, common contract negotiation and dispute management. The Finance team continue to work on the Financial Statements for the 2015/16 financial year in preparation for Audit in late September by Crowe Horwath. The Rate Notices for 2016/17 were mailed out on 29 July. Included in the same envelope were the Free Waste Vouchers, Rates Newsletter and a weed flyer from the Upper Macquarie Country Council. Extra copies rates newsletter will be available at the Council Administration Office and Library Rates and Charges Following are the Rates and Charges collected as at 31 July 2016.

Farmland Residential Rural

Residential Non-urban

Centre Business Total

Brought forward 30 Jun 2016

$123,499 $216,115 $23,227 $7,296 $42,503 $412,639

Current Levy $1,791,966 $2,135,995 $574,990 $153,769 $600,496 $5,257,216

Payments, concessions and interest

-$48,120 -$156,495 -$32,485 -$13,135 -$10,537 -$260,770

Balance outstanding

$1,867,346 $2,195,616 $565,732 $147,930 $632,462 $5,409,085

Overpayments -$87,654

Legal charges $1,436

Total rates outstanding

$5,322,867

During July, we issued 19 (including 1 urgent) 603 certificates and undertook 5 special water meter reads. 5. COMMUNITY SERVICES Oberon Library During July, the Oberon Library had approximately 1,832 visitors. The higher than average numbers are due to the school holidays during this period. We issued 1,344 articles, with 1,227 returns. The Library has 23 new members and 84 new items available. We had 21 Interlibrary Loans, with 233 uses of the public computers, with 16 of these over 65 years. Library and Community Services staff are preparing the September/October School Holiday Activities, with a movie and laser skirmish being offered to 13-18 year olds. There will be cooking for 8-12 year olds and craft for children aged 5-12 years. Below is the proposed program:


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The community display space has an informative display of activities and services offered at the Library.

Oberon and Surrounding Villages Newsletter We received some great feedback from a local business who advertisers in the Newsletter. While paying for 3 months advertising in advance we were advised that “she gets a much better result from ads/mentions in the What’s On section, than she does for her weekly ad in the Oberon Review. People actually read the Community Newsletter”. It came to our attention that the Newsletter had not been distributed to community businesses efficiently over the last 12 months. Motels in Oberon have been contacted and would appreciate receiving enough to place in each room and their reception areas. Local cafes and hotels in and around Oberon have also been contacted and they would like to have Newsletters available for their clients. These arrangements will ensure that all businesses within the Oberon LGA receive copies.


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6. UPCOMING MEETINGS FOR AUGUST AND SEPTEMBER 9 Aug FOOLS Annual General Meeting

9 Aug Council Informal Briefing

16 Aug Council Meeting

19 Aug OYC Meeting (postponed due to snow)

23 Aug Lithgow Community Transport Board meeting

25 Aug Procurement Working Party meeting

26 Aug Small School Library Visits

13 Sep FOOLs Meeting

13 Sep Council Informal Briefing

14-15 Sep Australian Communications Consumer Action Network (CTC staff)

16 Sep Biblio Turismo (Bike Library)

16 Sep Small School Library Visits

19-22 Sep UTS Training

20 Sep Council Meeting

28-30 Sep External Audit: Crowe Horwath

Notes:


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14.04 STATEMENT OF INVESTMENTS

File No: Financial Management/Investments/Register Author: Lisa Koleda, Management Accountant

Summary Reporting the Statement of Investments as at 31 July 2016.


Comment Interest accrued on active investments for the month of July came to $28,651.00 with an average interest rate of 3.08% performing above the 90 day Bank Bill Swap Rate of 2.09%. Current interest accrued on active Term Deposits sits at $136,183.00. Interest receipted for the month of July on Term Deposits matured totalled $72,062.03 – this includes three individual yearly interest receipts from the three National Australia Bank LIR’s investments being held over a 12 month term period. Total year to date interest receipted on matured investments is $72,611.18. The RBA decided to lower the cash rate by 25 basis points to 1.50%, effective 3 August 2016. This is due to a combination of low inflation and a sluggish economy. Given the current environment at the moment with the low inflation, low interest rates, low wages growth, and low levels of business investment, the RBA’s aim is to boost spending, employment and investment with the stronger demand lifting the inflation rate back into the 2-3% target band.

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

Oberon Council Annualised Monthly Return vs 90 Day BBSW

16/17 90 Day BBSW

16/17 TD % Monthly Return

15/16 90 Day BBSW

15/16 TD % Monthly Return


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At 31 July 2016, $11,000,000 was invested as shown in the following Statement. Total Cash at call being $11,178,636.31.

Institution Date of

Investment Interest

rate Date of Maturity Value

Cash at Call

CBA Business Online Saver 700.47

CBA Business At Call -21,496.52

NAB Business Online Saver 199,432.36

Total $178,636.31

Active Term Deposits

ME Bank 7/12/2015 3.02% 2/08/2016 500,000.00

AMP 11/02/2016 3.10% 9/08/2016 500,000.00

ME Bank 16/12/2015 3.06% 16/08/2016 500,000.00

National Australia Bank 22/02/2016 3.07% 22/08/2016 500,000.00

Reliance Credit Union 3/02/2016 3.00% 3/09/2016 500,000.00

My State Bank 4/02/2016 3.05% 5/09/2016 500,000.00

ME Bank 13/04/2016 3.10% 11/10/2016 500,000.00

Auswide Bank Ltd 29/04/2016 3.12% 26/10/2016 500,000.00

Bank of Queensland 3/02/2016 3.05% 2/11/2016 500,000.00

AMP Bank 12/05/2016 3.00% 10/11/2016 500,000.00

AMP Bank 16/05/2016 3.00% 16/11/2016 500,000.00


My State Bank 2/03/2016 3.10% 7/12/2016 500,000.00

AMP Bank 7/06/2016 3.00% 7/12/2016 500,000.00

People’s Choice Credit Union 10/06/2016 3.05% 14/12/2016 500,000.00

AMP Bank 23/06/2016 3.00% 20/12/2016 500,000.00

Commonwealth Bank 30/06/2016 4.40% 30/12/2016 500,000.00





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

Total $11,000,000.00

Total Cash at Call $11,178,636.31


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This month saw the CBA Business at Call account go into overdraft due to an excessive amount of payments in July 2016. The majority of these accounts were for capital projects undertaken in the last quarter of the 2015/16 financial year, paid in July but allocated to June 2015/16, and the unexpected payment in relation to an investment settlement. Investment movements in July saw the maturity of three investments with Bank of Queensland, National Australia Bank and Big Sky Building Society; and one new deposit made: being placed with Bank of Queensland.

Institution Date invested

Rate Maturity date

Amount Interest earned

Bank of Queensland 05/01/2016 2.90% 04/07/2016 500,000.00 7,230.14

National Australia Bank 20/07/2015 2.94% 19/07/2016 500,000.00 14,700.00

Big Sky Building Society 02/03/2016 3.03% 20/07/2016 500,000.00 5,810.96

Total Interest earned $27,741.10

The following new deposit was made during the month of July 2016:

Institution Date invested

Rate Maturity date Amount


Total $500,000.00

I certify that the investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulations 2005, and Council's Investments Policy. Lynette Safranek Responsible Accounting Officer

Notes:


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14.05 GRANTS MONTHLY UPDATE

File No: Governance/Meetings/Ordinary/ Aug 2016 Author: Gillian Salmon, Grants Officer

Summary This report provides a summary of grant funding applications and submission, both internal and external, during July 2016.


Comment 1. Successful Grant Applications and Submissions The Central Acclimatisation Society (CAS) has been successful with their grant application to the NSW Recreational Fishing Trusts’ Improving access for fishers with limited physical ability program. This project will install an Ezi Launch boat ramp and wheelchair accessible floating pontoon at the Reef Reserve. Improvements to road access, parking areas and pathways at the end of Kelly’s Lane on the eastern shore of Lake Oberon will be carried out as part of this project. In December 2015 Council committed $20,000 of in kind labour to support these two projects. Council staff are currently investigating the risk and liability issues associated with installing a floating pontoon on Lake Oberon, which is managed by Water NSW. Similar facilities have been installed on Lake Wallace near Wallerawang, Lake Canobolas in Orange and Gum Bend Lake at Condobolin. 2. Current Grant Application Status Report a. Community Development Fund War Memorial Grants Program. Council staff have assisted

the Oberon RSL Sub branch to submit an application to this program for a $50 000 grant to build a new shed to house the growing collection of the Oberon RSL Sub Branch Military Museum.

b. Country Arts Support Programme (CASP). An application was submitted on behalf of the

Friends of Oberon Library Incorporated to the CASP program to run two coiled basket weaving workshops for women, with Orange based fibre artist Lanny Mackenzie as part of the Women Weavers of the West- Weave On project.

c. Community Building Partnerships Program. An application from Oberon Council for matched

funding to install an electronic noticeboard, street furniture and landscaping at the Oberon Pool Complex. Total project cost is $ 28,083.


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The following tables summarise the status of current grant applications. External Grants

Submitted Details/Description of Project Grant Program Grant Amount

Status

22 April 2016 Upgrade Facilities at Oberon Golf Club house

Stronger Communities Program

$20,000 Pending

22 July 2016 Oberon RSL Sub Branch Military Museum Expansion

Community Development Fund War Memorial Grants Program

$50,000 Pending

27 July 2016 FOOLs Women Weavers of the West Weave On workshops

Country Arts Support Programme

$3,000 Pending

Internal Grants

Submitted Details/Description of Project Grant Program Grant Amount

Status

31 Aug 2015 Upgrade of Sewage Treatment Works

Regional Water and Waste Water Backlog Restart NSW

$6 million over 5 years

Total cost $12 million

Pending

08 April 2016 Drop Off zone at Oberon Primary School

Safety Around Schools Program-RMS

$9,000 Pending

24 June 2016 Work Readiness Workshops for School Leavers

Youth Opportunities

NSW Dept. of Family and Community Services

$12,000 Pending

22 July 2016 Electronic Notice Board and Landscaping at Oberon Pool Complex

Community Building Partnerships Program

$14,041 Pending

3. Grant Applications in Progress a. Water Bottle Refilling Stations in Oberon Parks. An application is being prepared to the

Veolia Mulwaree Trust grant program to install three water filling stations at the Oberon Common, The Oberon Recreation Ground and the Oberon Football Ground. This project is an initiative of the Oberon Health Council and supports the NSW Health Program “Make Healthy Normal”. The objectives of this project is to promote drinking water instead of soft drinks after physical activity, to address the growing rate of obesity in our community, to help prevent childhood obesity and to reduce the amount of plastic bottles entering landfill.

b. NSW Disaster Assistance. On Saturday 23 July 2016 high winds overnight resulted in a large

number of trees and debris falling over roads in the Local Government Area. Road crews worked overtime to clear debris on approximately 25 local roads. An application is being prepared under the NSW Government Ministry for Police & Emergency Services Disaster Assistance Works to Restore Road Access for Emergency Services Program to claim 100% of clean up costs from the wind storm and snow falls on


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Tuesday 2 August 2016. These events required a significant and coordinated multi agency and community response from crews from Oberon Council, State Emergency Service (SES) and local Police.

To be eligible for this funding assistance, the storm events need to be declared a natural disaster by the Minister of Police and Emergency Services. The damage to an affected community must exceed $240,000 before the NSW Government will consider issuing a Natural Disaster Declaration. At this stage a Natural Disaster Declaration has not been made. At the time of writing this report, fifteen other councils have reported storm and flood damage since 20 July 2016. It is expected that a Natural Disaster declaration will be made in the next few weeks.

Notes:


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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 This report provides a summary Water & Waste Water Activity for the previous month of July 2016.


Comment 1. WEEKLY OBERON DAM LEVELS The following is a weekly dam level recording for Oberon Dam, conducted by State Water: 06/06/2016 – 51.90% 14/06/2016 – 52.49% 20/06/2016 – 52.85% 27/06/2016 – 55.52% 2. WATER CONSUMPTION FROM WATER NSW 01/07/2016 – 10/07/2016 = 11.8 ML 11/07/2016 – 17/07/2016 = 13.8 ML 18/07/2016 – 24/07/2016 = 13.0 ML 25/07/2016 – 31/07/2016 = 12.0 ML The total of 50.6 ML raw water for July 2016 was consumed from NSW Water.

July 2016 Average Daily Consumption for Oberon Township 50.6 ML/31 Days = 1.63 ML p/d Note: The Average Daily Water Consumption trend is 1.60ML p/d

3. WATER & SEWERAGE COMPLAINTS No reports of discoloured drinking water, water odour or taste issues logged in Council’s complaints system during the month of July 2016. There were three reports of faults with the sewerage reticulation during the month of July. 4. SEWER PLANT – WEEKLY PLANT kL INTAKE FOR TREATMENT OF WASTE WATER 01/07/2016 – 10/07/2016 = 22515 KL 11/07/2016 – 17/07/2016 = 15743 KL 18/07/2016 – 24/07/2016 = 18123 KL 25/07/2016 – 31/07/2016 = 18335 KL

Total Waste Water Treatment into Oberon STP was 74716 KL for July 2016


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5. PLANT FAULTS Water Treatment Plant Nil faults for the month of July 2016. Waste Water Treatment Plant A faulty non return valve on the sludge return pump has caused the flange inside to collapse and this has blocked the flow. It has been temporarily fixed however a new valve will need to be ordered. 6. PLANT UPGRADES AND MAINTENANCE Water Treatment Plant: New VSD’s (Variable Speed Drives) have been ordered to replace the current units which are past their use by date. A new paging alarm system has been ordered as our current system works on the Telstra 2G Network which is being switched off in December, upgrade to 3G is essential.

Waste Water Treatment Plant: Proactive replacement some thermostat temperature control devices to ensure boilers continue

working.

Pump Stations Pump 1 from SPS1 has returned from repairs and is back in service. All other pump stations have been checked with no issues to report.

Notes:


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15. URGENT BUSINESS

Summary In accordance with Clause 241 of the Local Government (General) Regulations 2005 business may be transacted at a meeting of Council even though due notice of the business has not been given to the Councillors. However, this can happen only if:

a) A motion is passed to have the business transacted at the meeting: and b) The business proposed to be brought forward is ruled by the Chairperson to be of great

urgency.

Recommendation: That Council consider the following matters as they are considered to be of an urgent nature requiring immediate consideration by Council

16. CLOSED SESSION / CONFIDENTIAL REPORTS

Summary In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. Set out below is Section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting. The matters and information are the following:

(a) Personnel matters concerning particular individuals (other than Councillors)

(b) The personal hardship of any resident or ratepayer

(c) Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

(d) Commercial information of a confidential nature that would, if disclosed:

(i) Prejudice the commercial position of the person who supplied it, or

(ii) Confer a commercial advantage on a competitor of the Council, or

(iii) Reveal a trade secret

(e) Information that would, if disclosed, prejudice the maintenance of law

(f) Matters affecting the security of the Council, Councillors, Council staff or Council property

(g) Advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege

(h) Information concerning the nature and location of a place or an item of Aboriginal significance on community land.


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16.01 WATER RATES REQUEST FOR WRITE OFF – ACCOUNT 12365584

File No: PO22-3-5 Author: Lynette Safranek, Finance & Community Services Director

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) Personal matters concerning particular individuals (other than Councillors)

16.02 WATER RATES WRITE OFF – ACCOUNT 12362938

File No: Governance/Meetings/Ordinary/Confidential Author: Lynette Safranek, Finance & Community Services Director

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) Personal 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 20 September 2016 commencing at 5.30pm in the Oberon Council Chambers 137 – 139 Oberon Street, Oberon.

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