BUSINESS PAPER - Forbes Shire...2017/06/15 · FORBES SHIRE COUNCIL ORDINARY BUSINESS PAPER –...

BUSINESS

PAPER

15 June 2017

Council’s Vision

A prosperous rural community where residents and visitors enjoy a clean, safe environment enhanced by our unique

heritage and country lifestyle

Council’s Mission

For the whole community to grow and prosper through effective leadership, provision of sustainable services and

promotion of economic development opportunities

FORBES SHIRE COUNCIL

ORDINARY BUSINESS PAPER – THURSDAY 15 JUNE 2017

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TABLE OF CONTENTS

1 MATTERS IN PROGRESS ARISING FROM PREVIOUS COUNCIL MEETINGS .................................... 4

2. GENERAL MANAGER’S REPORT TO COUNCIL ....................................................................................... 9

2.1 BEYOND THE RANGE PROGRAM IN FEBRUARY 2018 ........................................................................ 9 2.2 RELATED PARTY DISCLOSURES POLICY ........................................................................................... 17 2.3 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 2017 ............................................................. 30 2.4 TEMPLAR STREET TREES ....................................................................................................................... 31 2.5 REVIEW OF ACCESS TO INFORMATION POLICY ............................................................................... 50 2.6 REVOCATION OF POLICIES ..................................................................................................................... 55

3. DIRECTOR CORPORATE SERVICES REPORT TO COUNCIL - PART I ...............................................57

3.1 INVESTMENT OF COUNCIL’S FUNDS – 31 MAY 2017 ........................................................................ 57 3.2 RATES & CHARGES COLLECTION AS AT MAY 2017 .......................................................................... 63 3.3 PROCUREMENT REPORTING ................................................................................................................. 64

4 DIRECTOR ENVIRONMENTAL SERVICES AND PLANNING REPORT .................................................67

4.1 DEVELOPMENT APPLICATIONS ............................................................................................................. 67 4.2 DEVELOPMENT APPLICATION 2017/24 – APPLICANT FORBES SHIRE COUNCIL, ROAD

RESERVE CORNER BACK YAMMA & ANGUS CLARKE DRIVE, FORBES ................................................... 69 4.3 SCORES ON DOORS.................................................................................................................................. 94 4.4 PLANNING PROPOSAL FOR THE RECLASSIFICATION OF PARKS FROM COMMUNITY TO

OPERATIONAL LAND .............................................................................................................................................. 95 4.5 DEVELOPMENT APPLICATION 2017/0012 – M SAMIA, LOT 1 DP 314836 3 LITTLE QUEEN

STREET, FORBES .................................................................................................................................................. 133 4.6 EXEMPT AND COMPLYING DEVELOPMENT CODE ......................................................................... 169 4.7 INFORMATION REPORT ON THE BIODIVERSITY REFORMS ........................................................ 174

5 MANAGER COMMUNITY DEVELOPMENT REPORT TO COUNCIL .................................................... 182

5.1 DONATION REQUESTS ........................................................................................................................... 182 5.2 OFFICE OF LOCAL GOVERNMENT INNOVATION FUND PROPOSAL .......................................... 185 5.3 DISABILITY INCLUSION ACTION PLAN ................................................................................................ 187

6 FORBES TRAFFIC ADVISORY COMMITTEE - REPORT TO COUNCIL – PART I .............................. 203

6.1 BUSINESS ARISING ................................................................................................................................. 203 6.1.1 Forbes Ultimate Triathlon Festival ....................................................................................................... 203 6.1.2 Speeding in Little Union Street ............................................................................................................. 204

6.2 BUSINESS PENDING................................................................................................................................ 204 6.2.1 Speed Zone Review the Northern Bypass ......................................................................................... 204

6.3 CORRESPONDENCE ............................................................................................................................... 204 6.3.1 Extension of No Stopping Zone in Thomson Street .......................................................................... 204 6.3.2 Request for a Give Way Sign at the End of College Road .......................................................... 205 6.3.3 Request for Flashing Lights at the Rail Crossing at Red Bend along Wongajong Road. ........... 206

6.4 REPORTS ................................................................................................................................................... 207 6.4.1 Road Safety & Injury Prevention Officer’s Quarterly Report for January to March 2017 ............ 207

6.5 GENERAL BUSINESS ............................................................................................................................... 207 6.6 ANY OTHER BUSINESS: (AS DECLARED URGENT BY CHAIRPERSON) ................................................... 207

6.6.1 Rear to Kerb Parking in Union Street .................................................................................................. 207 6.7 DATE & TIME OF FUTURE MEETINGS ................................................................................................. 208 6.8 TIME OF MEETING CLOSURE ................................................................................................................ 208

7. INWARD CORRESPONDENCE – OPEN COUNCIL – PART I ................................................................ 210

7.1 LETTERS OF APPRECIATION ................................................................................................................ 210

PUBLIC ACCESS TO COUNCIL MEETINGS .................................................................................................... 212

CONTENTS OF CONFIDENTIAL BUSINESS PAPER ..................................................................................... 213



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1 MATTERS IN PROGRESS ARISING FROM PREVIOUS COUNCIL MEETINGS

General Manager

Min/CRM No: Subject Resolution Progress

890/2016 (CRM: 13414/2016)

Fit For the Future Resolved that Council receive a report on why Forbes Shire Council is not able to submit a Future reassessment submission.

We have queried the matter with OLG and followed up, no response received as yet. The impacts from the change in government policy are yet to be known. Matter raised at Centroc meeting with Minister for LG who advised it will go to cabinet soon.

28/2017 (CRM: 13825/17)

Forbes Squash Club

Resolved that Council: i). Authorise the Mayor and GM to renegotiate the price of the Squash Club and inform the Squash Club that we will support a funding agreement; ii). Delegate the Mayor and GM to negotiate a funding agreement with the Forbes Squash Club; iii). provide an update report to Council. (PM/MH)

Meeting held 14 March 2017. Further meetings held. Matter at present rests with the Club. Letter received from the Club on 30 May 2017 and discussion points emailed to Councillors. See report to this meeting.

38/2017 (CRM: 14039/17)

Draft “Our Community Strategic Plan”

Resolved that Council: i). Approve the Draft “Our Community Strategic Plan and place on public exhibition for a period of 28 days. ii). receive a further report following the exhibition period to allow for any submissions to the draft Plan to be considered. (PM/JN).

Draft Our Community Strategic Plan” placed on public exhibition for 28 days; the public consultation period will close 5:00pm, Sunday 25 June, 2017. Special Meeting date to be set to adopt the plan following the conclusion of the public exhibition period.

875/2016 (CRM: 13199/2016)

Sale of land. Resolved that Council receive an expression of interest from the two interested parties and report back to a future Council meeting.

Expressions of Interest sent out with the close date of 14 December 2016. Deadline has been extended to mid-January 2017. Final report to February meeting. Working with selected purchaser.



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MATTERS IN PROGRESS cont’d Manager Organisational Development.


512/2015/ (CRM: 8546/2015)

Quarterly Operational Plan Review - June 2015:

Resolved that Council receive a copy of the results of the skills assessment once complete.

Council has completed the position description reviews for all staff and the training associated with these position has been identified as Core and Discretionary Training. During November, Council reviewed the training budgets associated with each Department and then correlate these budgets to Core and Discretionary Training. Individual training plans will be developed for the workforce with a focus on identified training for January – June 2017. 21/2/17: Progressing the skills assessment, workforce plan and training were deferred in anticipation of the Organisational Development Manager commencing with Council in mid March. Full Training Needs Analysis (TNA) – completed and finalised on 29/5/17. Workforce Management Plan 2017-2021 – due to be completed by 30/6/17 Performance Reviews and training identification for 2017/18 financial year - due by 30th June. Data analysis on Core and Discretionary Training allocated – to be completed by 30th August 2017. Final Summary report due to Council – September 2017 – at discretion of GM.

Director Environmental Services and Planning


254/2016 (CRM: 11235/2016)

Proposed rezoning of lower Bathurst Street.

Resolved that Council defer Clause 5 of the director Environmental Services and Planning Report re: the Proposed Rezoning of Lower Bathurst Street until further consultation with local residents affected by this proposal, after which this matter is to be referred to a future meeting of Council for determination.

Resolved at the June 2016 meeting to proceed with rezoning proposal. Council to outsource preparation of planning proposal. 2 consultants contacted who advised they do not have the capacity to undertake the planning proposal. Proposal to be further discussed with a third consultant. Consultant has been appointed and is progressing. Refer report to this meeting. Planning proposal forwarded to NSW Planning & Environment seeking permission to go to Public Exhibition. Discussion held with NSW Planning & Environment additional information is to be provided to support application for rezoning.

317/2016 (CRM: 11270/2016)

New Pound

That Council receive a report on the proposed new site for the establishment of a new pound, with such to be presented to the July, 2016 Services/Works/Community Meeting.

Information being gathered for the preparation of tender documents. Draft scope of works prepared. Potential benefit of resiting to the expanded landfill site. Landfill expansion to be topic at the April Briefing Session. Discussed at briefing session. Onsite inspection to be held before April Council meeting. Onsite inspection held.

3/2017 (CRM: 13805/2017)

16/2/17: That Council include both sites of the new pound in the report back to Council. (PM/MH).

Topic for the April Briefing Session. Discussed at briefing session. Onsite inspection to be held before April Council meeting. Onsite inspection held. Council at the April meeting resolved to locate the new Pound in Angus Street and to move onto the next stage of the subdivision to maximise potential.



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MATTERS IN PROGRESS cont’d Manager Community Development


133/2016 (CRM: 10603/2016)

Central West Industrial Park.

Resolved that Council: i). Sell the block of land at the CWIP for $100,000 ex GST and delegate the Mayor & GM to enter into the contract; ii). Develop the land directly to the east of the block & set a minimum selling price of $140,000 to ensure costs of development of the 2 blocks are recovered.

i). Lot 127 – Settlement has been received in accordance with Council’s resolution and a fuel depot is now under development. ii). Development activities relating to adjoining block are in progress, and will be further actioned on appointment of the Economic Development Manager.

199/2016 (CRM: 10863/2016)

Economic Development Incentives Policy

Resolved that Council forward the draft policy to the Bus & Industry Committee for comment.

Yet to go to the Economic Development Committee.

452/2016 (CRM: 11765/2016)

Strategic Planning with Business Chamber - CBD Redevelopment Project.

Resolved that Council endorse the following action plan to progress same: Step 4 - Adopt the report to be presented to the Bus & Industry Committee and the Forbes Chamber of Commerce, then onto the broader community.

Action plan developed and discussed at the Economic Development Committee. A scoping meeting was held on 16 May with Councillors, selected staff and members of the Business Chamber. A brief is being developed.

4/2017 (CRM: 13806/17)

16/2/17: Resolved that Council look at Rankin Street as a priority tree planting and beautification area. (JN/CR)

Discussed at the Economic Development Committee. Trees to be planted as part of the CBD Plan. A scoping meeting for the CBD Master Plan was held on 16 May with Councillors, selected staff and members of the Business Chamber. A brief is being developed.

463/2016 (CRM: 11766/2016)

Council Business Survey

That Council staff (Director Tourism, Community and Cultural Development and the Economic Development Officer) undertake a review of the draft business survey in consultation with the local Chamber of Commerce and Emma Thomas, with a view to this survey being circulated during July, 2016 and the results of same being reported back to Council and this Committee in August, 2016

To be tasked to the new Economic Development Manager for follow up to the survey. To be undertaken in conjunction with the use of REMPLAN.

874/2016 (CRM: 13198/2016)

Visitor Information Centre Relocation.

Resolved that Council defer this report to a future Council meeting.

Discussed at briefing session. Detailed report prepared. This matter continues to be off and on the agenda.



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MATTERS IN PROGRESS cont’d Director Engineering and Technical Services


550/2016 (CRM: 8573/2015

Limestone Road:

Resolved that Council approach Essential Energy in relation to the power poles located on Limestone Rd and the impediment to the road reserve. Resolved that Council consider in their response to Essential Energy that we look at the option of using School Road in preference to Limestone Rd. Resolved that Council receive a progress report on the power poles located on Limestone Rd.

Council has written to EE on 24/6/16 advising the power poles have been located within the clear zone of the adjacent road. Further there are 2 options available to EE to resolve the situation with the first being to relocated the road or install barrier fencing at the power pole locations. Received response from EE advising they have determined it is not in order to contribute to the costs arising from the proposed upgrade to Limestone Rd. As there is no legal provisions that govern clear zones and if they had of been put on notice of a proposal to upgrade to the Rd via the regime in section 45 of the Act, then they could have considered other options. Council resolved at its November meeting to obtain legal advice in relation to EE response. Engineering will report on the matter once the legal issues are resolved. 21/2/17: SAO, sent brief for legal advice to Marsdens on 6/4/2017. Marsdens provided an estimated cost for the legal advice on 12/4/2017 and were advised to proceed on 13/4/2017. Marsdens advised Council had 50/50 chance of success with legal action; detailed discussion at the July Councillors briefing session.

1092/2015 (CRM: 9987/2015)

Sewer Pumping Station No. 11 Excess Odours. (Show Street near the Lake)

Resolved that Council: i). Call for an EOI to test & design an injection type oxygenation plant to address the elevated sulphite and methane levels. ii). Staff alter the discharge point from Pump Station 2, from Pump Station 11 to a discharge manhole in Lions Park and install an earth bed garden at the same point.

In progress. Previous comment i). Consultant installed monitoring equipment two weeks ago for a 4 week monitoring period. Downloaded first set of data on 31 March. Contractor has had issues with the odour loggers requiring the monitoring period to be extended. Complete – will be deleted ii). Materials have been ordered with works to be undertaken in the first half of 2017. Services locating has been conducted at the site in preparation for commencing the construction work. Following the recent localized sewer surcharging at the Motel, concerns of exacerbating the problem by adding a pumped flow have resulted in a review of the earth bed installation. Complete – will be deleted

856/2016 (CRM: 13184/2016)

Forbes Pedestrian and Cycling Strategy.

Resolved that Council endorse the report and recommend it be placed on public exhibition for comment.

Document currently on public exhibition until 5pm on 30 December 2016. Consultant is currently collating feedback from stakeholder participants on the Draft Strategy which will be combined with the other public comments. 21/2/17: No public comments were received. Council has suppled its final comments and is waiting on the final document. Consultant advised they had other commitments and would not be able to finalise the report until mid May. Final report expected by the end of June 2017 with minimal changes; Identified projects in the report will be considered as part of a future works programme. Complete – will be deleted



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MATTERS IN PROGRESS cont’d


871/2016 (CRM: 13196/2016)

Forbes Netball court upgrade and expansion.

Resolved that Council defer this report until a meeting is scheduled with the Forbes Netball Association to discuss the redevelopment of the netball courts.

21/2/17: Geotechnical investigation has been completed and report received. Consultants have prepared concept plans of court layout including drainage, and new change rooms. Room structure concept has been sent for comment. Council has provided comment on the drawings and forwarded proposals on to Forbes Netball for comment which has not been received. Have provided Forbes Netball a deadline of 24 February to provide comments so design work can progress and be finalized. Had a meeting with Netball committee members, they didn’t raise any objections to the current design and provided additional contacts for further consultation. Designs 85% complete and consultant is working on project specifications and contract documents. Power and lighting designs being finalised and expect final design works to be completed by end of June 2017. Current awarded grant funding totaling $625,000 (two separate grants; once administered by Forbes Netball Association ($25,000) and one administered by Forbes Shire Council ($600,000) and a secondary $800,000 plus a Council contribution of $225,000 has been short listed. Once the outcome of the secondary grant is known then a scope of works will be finalised in consultation with the Forbes Netball Association for the execution of the project. Complete – will be deleted

898/2016 (CRM: 13420)

Disabled Carparks at the Forbes Hospital.

Resolved that Council refer this matter back to the Traffic Advisory Committee.

Will be included in the next agenda of the Traffic Advisory Committee (TAC). 21/2/17: Committee didn’t believe additional disabled parking is available at the western end of Elgin Street. There are limited options for improving the slope of disabled parking places at the eastern end without reconstruction of Elgin Street. The matter was discussed at the February TAC meeting subsequently at the March Council meeting. Recommendations agree for further consultation and investigation. Further consultation with disability advocates is yet to be undertaken. Outcome of the proposed trail will be reported back through the TAC. Complete – will be deleted

561/2016 (CRM: 11958/2016)

Forbes Auto Sports Club

Resolved that Council authorise the Mayor, GM & DTCCD meet with the Forbes Auto Sports Club representatives to develop an assistance package and report back to the July Council meeting.

Various solutions for water discussed. Club and Council have agreed on a solution. Council provided CCTV Solar Alarm system and water connection off the existing main. The Auto Sports Club will connect from the water meter to the complex. Complete – will be deleted



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2. GENERAL MANAGER’S REPORT TO COUNCIL

2.1 BEYOND THE RANGE PROGRAM IN FEBRUARY 2018

Report Author: General Manager Responsible Officer: General Manager

Executive Summary Report to Centroc Member Councils seeking engagement with member councils till December 2017, and provide feedback on value of the Beyond the Range Program in February 2018.

Detailed Report Precis

This report seeks Council engagement for the Beyond the Range Program it is currently promoted through social media, Facebook posts, where a consultant is paid to attract traffic for the region through Health organisations, Universities and Media that contain relevant health stories. Its success is heavily reliant on engagement of member councils.

Background

From collaborative work undertaken in 2008 by key stakeholders from the health, education and local government sectors a matrix was developed that identified priorities to attract and retain health workforce. This was subsequently developed into a project seeking to develop a branding and marketing campaign to attract and retain the health workforce in Central NSW. This project was 50% funded by what is now the Department of Industry and led to the development of the Beyond the Range brand and advice on associated collateral and its publicising. The objectives of the project are: Health Workforce has appeared as a priority for Centroc members where health outcomes for the region are worse than our city cousins. Many Centroc members are spending significant sums of monies building medical centres and other health related infrastructure and or offering incentives to the health workforce including doctors. Under the auspices of the Centroc Health Workforce Group, Centroc adopted a strategic approach and called together the key peak health workforce organisations and educators of the region to develop a Health Workforce Matrix identifying the priority programming for the region to attract and retain a health workforce. The Matrix provided advice that a one stop shop web based portal with associated marketing and promotion was the best first step for the region. The development of the marketing and website advice for this project was the next step. This project was funded 50% by Centroc and 50% by the NSW Department of Industry and Investment. This stage of the project was completed in June 2010. This advice was provided to the Centroc Board in May 2010 who subsequently unanimously commended to members for their engagement. All members of Centroc were visited and presentations provided regarding the project.



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GENERAL MANAGER’S REPORT TO COUNCIL cont’d Further refinement of the budget, sponsorship and advertising potential was undertaken as well as meetings with key funding agencies. Contributions for a three year program were as follows: 13 member councils have been invoiced a total of $6000 per Council since the 2011/2012 financial year, as per the 2011 proforma Report. This funding was to develop collateral and roll out the program and was predicated on matched funding. Further funding from the State was sought but this was not forthcoming as the regional development funding framework underwent significant changes and this type of support was cut. Centroc subsequently sought funding from the private sector and was able to secure $45,000 inc GST from Newcrest Mining. Seeking State funding created delay for the project. The total monies for the project provided a website, toolkit, collateral, substantive content, a launch and social media and marketing support. About the Website This website has been designed to help health professionals consider expanding their life and career opportunities beyond the Great Dividing Range to Central NSW. On the website viewers will find work/life balance, exciting career opportunities and supportive, vibrant, creative communities. We want more health professionals, and we will do all we can to help them find their place in this beautiful, diverse, exciting region. This website will direct visitors to work and training opportunities in Central NSW, and to a contact at each Council to answer questions and help discover opportunities for potential residents and their families. It also introduces them to some of the wonderful health professionals already living and working in Central NSW and provides some personal insight into their experiences. About the Toolkit The Beyond the Range Toolkit, a 25 page document, has been designed to assist member councils to up-skill staff for the Beyond the Range project. Features of the toolkit:

How the 3 tiers of government relate to health

Summary of the Beyond the Range Marketing Plan



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GENERAL MANAGER’S REPORT TO COUNCIL cont’d

Public Relations advice

Social Media advice

Beyond the Range Website explained

Regional case studies

What Councils can do to attract health professionals

Grants and Incentives for rural GPs

NSW Rural Doctors’ Network GP Relocation Guide

Helpful Links

A “Call to action” Checklist Given that the original budget for the more significant campaign was unable to be leveraged, the Board resolved to cut its cloth. Accordingly marketing has been through social media. Please request any prior reports, the marketing package and the toolkit. Social Media campaign Overview The social media campaign commenced in November 2015. Since this time

Page likes (number of people following our page) have increased from 110 to 1,058 (+862%)

Number of people engaging (via likes, comments & shares) with our page per month has increased from 137 (previous highest result achieved) to a high of 4,770 (+3,382%) in July 2016

Number of people reached (seeing our posts) per month has increased from 3,551 (previous highest result achieved) to 63,091 (+1,677%) in July 2016

Impressions (number of times our posts have been seen – differs to reach as one person may see the same post more than once) per month has increased from 4,759 (previous highest result achieved) to 100,459 (+2,011%) in July 2016

Our page content has been viewed a total of 569,952 times by up to 381,514 people. Key agencies that the social media campaign engages with are:

NSW Rural Doctors Network

Future Health Leaders

Doctors for the Bush

Nurse Uncut Australia

NSW Nurses and Midwives’ Association

Evocities

NSW Health

Western NSW Health Jobs

Western NSW Local Health District

Murrumbidgee Local Health District

Nepean Blue Mountains Local Health District

Local media sites such as ABC Central West & ABC Rural for relevant stories When boosting posts (paid promotion) different demographics as well as interests are selected to target potential health workforce. This includes interests such as nursing, oncology, physiotherapy etc. in an effort to try and target these health professionals.



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Month Number of Likes (at end of month)

Number of People Engaged

Number of People Reached

Impressions

2015

August 107 137 3,551 4,759

September 108 (+1) 46 391 1,233

October 110 (+2) 54 535 1,277

November 139 (+29) 185 2,814 6,089

December 252 (+113) 583 18,406 27,506

2016

January 349 (+97) 1,232 28,228 38,983

February 422 (+73) 498 12,334 16,434

March 491 (+69) 953 28,011 38,208

April 545 (+54) 626 14,096 20,067

May 628 (+83) 520 13,255 25,560

June 651 (+23) 503 9,602 13,043

July 767 (+116) 4,770 63,091 100,459

August 893 (+126) 3,389 61,650 97,842

September 961 (+68) 3,177 44,677 63,757

October 1,019 (+58) 1,952 39,486 51,178

November 1,055 (+36) 2,230 36,196 52,664

December 1,058 (+3) 681 9,668 18,162

Posts have been seen/reached in the following top ten geographic locations:

Sydney

Goulburn

Canberra

Lithgow

Wollongong

Brisbane

Bathurst

Orange

Cowra

Parkes

Demographics of those who like the BTR Facebook Page:



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Currently posts are a mixture of destination marketing and health care related stories/links. “Did You Know” posts were introduced in July in an effort to increase engagement (people liking/commenting/sharing) which in turn increases the reach (number of people seeing that post).

The most successful posts are the ones that have the highest number of shares, comments & likes. Post + Engagement = Reach. This engagement needs to start with Councils as the primary stakeholders. All posts that are related to a specific destination/council have their page tagged in the post. Therefore, each page gets notified that they have been mentioned in a post. Engaging with internal and external stakeholders Throughout the year key stakeholder’s social media has been followed. This includes the pages of key health related & Central NSW organisations (such as NSW Health, various NSW LHD’s, health professional unions & media outlets etc.) including actively engaging with their posts in order to create awareness of the BTR page with a view to encouraging reciprocated engagement and support. Posts to page/messages/comments have all been moderated and liked/replied to where applicable- this has led to an increase in engagement from the public. Anyone that has been kind enough to share one of the posts has been thanked via the comment “Thanks for sharing! #BeyondTheRange”. Communication with destinations/councils has been “patchy” at best in terms of replies.



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GENERAL MANAGER’S REPORT TO COUNCIL cont’d Some councils have no active Facebook page, and many show no increase in likers or engagement. Essentially the majority of these pages are fairly inactive and are not providing much benefit to them (or the region). This probably highlights a need for social media training. The website also needs contacts to be updated. Paid Promotion/Advertising Various methods of paid promotion and advertising were trialled to try and increase likes, engagement & reach. These included:

Paid promotion of the page - this was a little slow to start so we switched some of the target demographics.

Boosting all posts for a small amount.

Boosting more engaging posts for a bigger share of the budget.

Creation of stand-alone ads/videos. What were the positives of the project?

This project has been recognised by neighbouring ROCs eg Namoi and OROC.

Presentations on the project have been requested to conference.

The project buys the region and its members a ticket in the conversation on attracting and retaining health workforce and health in general.

The project recognises that the need for health workforce fluctuates by LGA and workforce type and can vary support accordingly.

The toolkit provides capacity to Council staff needing support in this area.

The project has been recognised by key politicians such as the Hon Sarah Mitchell and the Hon Fiona Nash.

Costs to Councils are small.

The project has attracted funding from the private and public sectors.

The project has collected a significant amount of stories and collateral for sharing with other stakeholders and ongoing use.

The project facilitates useful networks in the health sector.

What were the negatives? Council engagement has been fairly quiet.

Withdrawal of public and private sector funding.

It is challenging to draw a direct line between the program and specific health workforce.

What are the opportunities and recommendations for the project going forward? 1. Engaging medical students:

a. Build an alliance with the universities as well as the people within the health services who organise the placements of students and residents/interns etc.

b. A welcome to Central NSW care package either by Council or by the region that could include some or all of the following:

a letter thanking them for choosing Central NSW and showing them our commitment to improving services Beyond The Range

brochures about the region

a point of contact to assist them during their placement

free passes to some Central NSW attractions/events



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2. Presentations to target groups

3. Build on existing collaborations with other key stakeholders to try and incorporate marketing into Universities and post grad programs in Area Health Services.

4. Increase capacity and engagement of Council staff Conclusion Health and ensuring health services is a priority in every Community Strategic Plan in Central NSW. Member Councils regularly report challenges in attracting and retaining heath workforce. Beyond the Range (BTR) has been a successful collaborative project for the Councils of Central NSW. It has enabled advocacy, provided capacity building for Councils, grown networks in the health sector and marketed the region as a destination for health workforce. The intention was for BTR to return to management by Councils at the end of its third year, that is at the end of 2017. For BTR to be successfully handed back to Councils, as originally intended, there will need to be an increase in engagement by Council. Other options include continuing to resource the program at varying levels or ceasing the program. Recommendations include seeking this stronger engagement from Councils and supporting this with a social media workshop. On current programming, there are sufficient monies to continue the program to December 2017 by which time it is hoped that engagement will have increased and members will be better placed to provide feedback on the value of the program.

RECOMMENDATION That Council: 1. note the report; 1. continue engagement with the Beyond the Range social media Facebook posts; 2. participate in a free social media workshop; and 3. provide feedback to Centroc on value of the program.

Alignment with Strategic Plan ED6.1: Work in collaboration with regional stakeholders to build the Forbes Shire profile and maximise cooperative opportunities.

Financial and Resource Implications There is an allowance in the 2017/18 budget to accommodate this.

Policy Implications Nil.

Risk Considerations Nil.



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Statutory/Regulatory Implications Nil.

Consultation conducted Centroc Council members.

Attachments Nil.



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2.2 RELATED PARTY DISCLOSURES POLICY

Report Author: Senior Administration Officer Responsible Officer: General Manager

Executive Summary From 1 July 2016, the Australian Accounting Standards Board’s AASB 124 Related Party Disclosures became operative. This means Council’s key management personnel must now disclose related party relationships in its annual financial statements. Council officers have been working through an implementation process since August 2016. Since that time, extensive research has been undertaken to determine an approach towards compliance with AASB 124 and a draft policy has been prepared to facilitate compliance. The purpose of the policy is to comply with the Standard to ensure that Council’s financial statements contain the disclosures necessary to draw attention to the possibility that its financial position and profit or loss may have been affected by the existence of related parties and by transactions and outstanding balances, including commitments, with such parties.

Background From 1 July 2016, AASB 124 Related Party Disclosures (AASB 124) will apply to local government in NSW. This means Council must disclose related party relationships, transactions and outstanding balances, including commitments in the Annual Financial Statements. While these disclosures have been long-standing in the private sector, they are a new requirement for the public sector. Establishment of a policy to define the parameters for related party transactions and the level of disclosure and reporting required for Council is necessary to achieve compliance with AASB 124. The draft Related Party Disclosure Policy, including Related Party Disclosure by Key Management Personnel and Privacy Collection & Guidance Notice, is attached. What is a Related Party? Parties are related where one can control or influence the other’s financial and operating decisions. Council’s related parties include Key Management Personnel (KMP) and entities that Council has control or significant influence over (for example joint ventures, subsidiaries, etc). Council’s KMP have been proposed to include the Mayor, Councillors and General Manager. AASB124 also includes the close family members of each KMP and the entities that KMP or their close family members control or jointly control as related parties. The proposed determination of KMP is based on interpretation of AASB124 (that defines KMP as those persons that have the responsibility to plan, direct and control the activities of Council) and consultation with Office of Local Government (OLG). New information needs to be collected from Council’s KMP to comply with AASB 124. To comply with AASB 124, Council needs to collect information from its KMP to identify related party relationships and transactions. The proposed policy requires all KMP to periodically provide a Related Party Disclosure notifying any existing or potential related party transactions between Council and their related parties. After transactions are verified in Council’s business systems the information will be added to a Register of Related Party Transactions. Council’s KMP are accustomed to making disclosures under various returns, however AASB124 also requires disclosure of material transactions in the financial statements.



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GENERAL MANAGER’S REPORT TO COUNCIL cont’d Under the policy, the Related Party Disclosures made by KMP and the Register of Related Party Transactions are not intended to be available for inspection by the public, although the reporting of transactions and relationships will be. Where a material transaction has occurred, it will be disclosed in the financial statements, other transactions are able to be disclosed in aggregate, where appropriate. What will be disclosed? The standard requires disclosure of material transactions with related parties. A related party transaction is a transfer of resources, services or obligations between a reporting entity and a related party, regardless of whether a price is charged. Disclosure will include:

Remuneration information for KMP. To be reported at an aggregate level for the following categories: (i) short-term employee benefits (including non-monetary benefits); (ii) post-employment benefits; (iii) other long-term benefits, and (iv) termination benefits;

Transactions between Council and KMP or entities owned or controlled by KMP or their close family members; and

Transactions with Council and other related entities such as joint ventures, subsidiaries, etc. The approach taken towards the development of the policy The draft policy has been developed after consideration of information presented by the OLG, information garnered from other NSW councils that have been early adopters and AASB 124 reference materials. With compliance, consistency and timing in mind, and in the absence of any specific guidelines by the OLG, the draft policy very closely follows the approach adopted by a number of NSW councils. Identification of KMP Correct identification of Council’s KMP is an important step towards compliance. During a webinar hosted by the OLG, it was presented that KMP are those persons that have the responsibility to plan, direct and control the activities of Council. An indicator of this responsibility is having voting power in decisions at an Executive meeting. Being present at such meetings, providing information and even making recommendations does not constitute power to plan, direct and control. From this, it was concluded that senior managers (ie. Directors) are not KMP of Council. OLG have confirmed that their earlier reference to senior staff as being included as KMP will be removed from the next Code of Accounting Practice update. Privacy of information collected During early research on AASB 124 it was not known if the information required to be collected from KMP would be accessible under the Government Information (Public Access) Act 2009 [GIPA]. Under the proposed policy, information collected about KMP in periodic Related Party Disclosures and the personal information contained in the Register of Related Party Transactions is proposed to not be available for inspection by the public, while the reported information will be publically available.



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GENERAL MANAGER’S REPORT TO COUNCIL cont’d Potential to combine Related Party Disclosures with Disclosure of Interests Returns As Council’s KMP are also required to complete an annual Disclosure of Interests Returns, some councils have considered combining the two disclosures. OLG has recommended that these disclosures be managed separately, considering the purpose of the disclosures and the information captured. Auditor Consultation of Policy Required The agreement of Council’s external auditor to the proposed approach towards Related Party Disclosures is required. The transition of external audit to the NSW Auditor General currently underway is not optimal in the timing of this policy’s adoption. Given AASB 124 is operative it is recommended that the policy be adopted without delay. In the event that auditor consultation requires alteration, amendments will be proposed.

RECOMMENDATION That Council adopt the Related Party Disclosures Policy and incorporate into operational control.

Alignment with Strategic Plan L2.1: Comply with statutory obligations for the administration of local government.

Financial and Resource Implications Nil.



Statutory/Regulatory Implications This policy is made to be in compliance with the Australian Accounting Standards Board’s Accounting Standard AASB 124 Related Party Disclosures under section 334 of the Corporations Act 2001..

Consultation conducted 1. Office of Local Government: Code of Accounting Practice and Financial Reports Update #24; 2. Office of Local Government: Webinar 12 October 2016; 3. External Auditor, Crowe Horwath, interim audit, April 2017.

Attachments Related Party Disclosures Policy – refer Appendix 1



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APPENDIX 1 – RELATED PARTY DISCLOSURES POLICY

Forbes Shire Council

Forbes Shire Council Related Party Disclosures Policy

Policy Number: EXECXXXX Minute Number: ### Date approved: ### Effective : ### Authority: General Manager Contact Officer: Senior Administration Officer



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RELATED PARTY DISCLOSURES

Revision History

Version Date Amended Authorised by Approved by Revision Date

V1 - General Manager Council 30 June 2020

Change History

Version Change Details

V1 Initial Policy

Related Documents

Document Title

AASB 124 Related Party Disclosures

AASB 10 Consolidated Financial Statements

AASB 11 Joint Arrangements

AASB 128 Investments in Associates and Joint Ventures

Related Party Disclosure by Key Management Personnel form (draft)

Privacy Collection and Guidance Notice Related Party Disclosures by Key Management Personnel (draft)

Related Legislation

Document Title

Local Government Act 1993 (NSW)

Corporations Act 2001

Government Information (Public Access) Act 2009 (NSW)

Privacy and Personal Information Protection Act 1998 (NSW)



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1 PURPOSE

The purpose of the policy is to comply with the Australian Accounting Standard AASB 124 – Related Party Disclosures to ensure that Council’s financial statements contain the disclosures necessary to draw attention to the possibility that its financial position and profit or loss may have been affected by the existence of related parties and by transactions and outstanding balances, including commitments, with such parties.

2 SCOPE

This policy applies to the officials and officers of Council defined as Key Management Personnel in this policy.

3 DEFINITIONS

“Arm’s length terms” means terms between parties that are reasonable in the circumstances of the transaction that would result from: a) neither party bearing the other any special duty or obligation; and b) the parties being unrelated and uninfluenced by the other; and each party having acted in its own interest. “Close members of the family of a person” are those family members who may be expected to influence, or be influenced by, that person in their dealings with Council and include: a) that person’s children and spouse or domestic partner; b) children of that person’s spouse or domestic partner; and c) dependants of that person or that person’s spouse or domestic partner. “Entity” can include a body corporate, a partnership or a trust, incorporated association, or unincorporated group or body. “Key management personnel (KMP)” as defined in Section 5.1 of this Policy. “KMP Compensation” means all forms of consideration paid, payable, or provided in exchange for services provided, and may include: a) Short-term employee benefits, such as wages, salaries and social security contributions, paid

annual leave and paid sick leave, profit sharing and bonuses (if payable within twelve months of the end of the period) and non-monetary benefits (such as medical care, housing, cars and free and subsidised goods or services) for current employees;

b) Post-employment benefits such as pensions, other retirement benefits, post-employment life insurance and post-employment medical care;

c) Other long-term employee benefits, including long-service leave or sabbatical leave, jubilee or other long-service benefits, long-term disability benefits and, if they are not payable wholly within twelve months after the end of the period, profit sharing, bonuses and deferred compensation;

d) Termination benefits; and

e) Share-based payment. “Material” (materiality) means the assessment of whether the transaction, either individually or in aggregate with other transactions, by omitting it or misstating it could influence decisions that users make on the basis an entity’s financial statements. For the purpose of this policy, it is not considered appropriate to set either a dollar value or a percentage value to determine materiality. “Ordinary Citizen Transaction” means a transaction that an ordinary citizen of the community would undertake in the ordinary course of business with Council.



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“Possible (Possibly) Close members of the family of a person” are those family members who could be expected to influence, or be influenced by, that person in their dealings with Council and include: a) that person’s brothers’ and sisters’; b) aunts’, uncles’ and cousins’ of that person’s spouse or domestic partner; c) dependants of those persons’ or that person’s spouse or domestic partner as stated in (b); and d) that person’s or that person’s spouse or domestic partners’, parents’ and grandparents’. “Related Party” defined in Section 5.2 of this Policy. “Related Party Transaction” is a transfer or resources, services or obligations between a Council and a Related Party, regardless of whether a price is charged. “Significant” (significance) means likely to influence the decisions that users of Council’s financial statements make having regard to both the extent (value and frequency) of the transactions, and that the transactions have occurred between Council and related party outside a public service provider/taxpayer relationship.

4 BACKGROUND This Policy has been developed to provide guidance in complying with the Local Government Act 1993, section 413(3), which requires Council to prepare its General Purpose Financial Statements in compliance with Australian Accounting Standards. The relevant standard for the purpose of this Policy is AASB 124 Related Party Disclosures, July 2015 (AASB 124).

5 POLICY STATEMENT Council in complying with disclosure requirements in AASB 124, will: (1) identify Related Party relationships, Related Party Transactions and Ordinary Citizen

Transactions; (2) identify information about the Related Party Transactions for disclosure; (3) establish systems to capture and record the Related Party Transactions and information about

those transactions; (4) identify the circumstances in which disclosure of the items in subparagraphs (1) and (2) are

required; and (5) determine the disclosures to be made about those items in the General Purpose Financial

Statements for the purpose of complying with AASB 124.

5.1 Identification of Key Management Personnel Key Management Personnel (KMP) are defined in AASB 124 as “those persons having authority and responsibility for planning, directing and controlling the activities of the entity, directly or indirectly, including any director (whether executive or otherwise) of that entity”. For the purposes of this policy KMP for Council are Councillors and the General Manager. A review of KMPs and their related parties will be completed every six months. Particular events, such as a change of officials or officers of Council (ie. councillors and General Manger) or a corporate restructure, will also trigger a review of Council’s Related Parties immediately following such an event.

5.2 Identification of Related Parties

For the purposes of this policy, related parties of Council are: a) entities related to Council; b) Key Management Personnel of Council;



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c) close family members of KMP; d) possible close family members of KMP; and e) entities or persons that are controlled or jointly controlled by KMP, or their close family members,

or their possible close family members. Also, a person or entity is a Related Party of Council if any of the following apply: a) they are members of the same group (which means that each parent, subsidiary and fellow

subsidiary is related to the others); b) they are an associate or belong to a joint venture of which Council is part of; c) they and Council are joint ventures of the same third party; d) they are part of a joint venture of a third party and Council is an associate of the third party; e) they are a post-employment benefit plan for the benefit of employees of either Council or an entity

related to Council; f) they are controlled or jointly controlled by Close members of the family of a person; g) they are identified as a close or possibly close member of the family of a person with significant

influence over Council or a close or possibly close member of the family of a person who is a KMP of Council; or

h) they, or any member of a group of which they are a part, provide KMP services to Council.

5.3 Identification of Control or Joint Control

A person or entity is deemed to have control if they have: a) Power over the entity; b) exposure, or rights, to variable returns from involvement with the entity; and c) the ability to use power over the entity to affect the amount of returns. To jointly control, a person or entity must have contractual rights or agreed sharing of control of the entity, which exists only when decisions about the relevant activities require the unanimous consent of the parties sharing control.

5.4 Required Disclosures and Reporting

AASB 124 provides that Council must disclose the following financial information in its financial statements for each financial year period. a) Disclosure of any related party relationship - must disclose in the annual financial statements its

relationship with any related parties or subsidiaries (where applicable), whether or not there have been transactions within the relevant reporting period.

b) KMP Compensation Disclosures - must disclose in the annual financial statements KMP for each

of the categories of compensation (as defined in the definitions of this policy) in total.

5.5 Related Party Transactions Disclosures

Related Party Transactions are required to be disclosed, regardless of whether a price is charged. Such transactions may include:

Purchase or sale of goods;

Purchase or sale of property and other assets;

Rendering or receiving services;

Leases;

Quotations and/or tenders;

Commitments; and

Settlements of liabilities on behalf of Council or by Council on behalf of the related party.

Council must disclose all material and significant Related Party Transactions in its annual financial statements and include the following detail: a) the nature of the Related Party relationship;



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b) the amount of the transaction; c) the amount of outstanding balances, including commitments, and

i) their terms and conditions, including whether they are secured, and the nature of the consideration to be provided in the settlement; and

ii) details of any guarantee given or received;

d) provision for doubtful debts related to the amounts of outstanding balances; and e) the expense recognised during the period in respect of bad or doubtful debts due from related

parties.

5.6 Disclosure in Aggregate or Separate Council will disclose information specified in Section 5.5 for related party transactions of a similar nature in aggregate except when separate disclosure is necessary for an understanding of the effects of related party transactions on the Financial Statements of Council, having regard to the following criteria: a) the nature of the related party relationship; b) the significance of the transaction (individually or collectively) in terms of size or value (including

where the materiality arises due to the fact that no consideration for the transaction is given or received by Council);

c) whether the transaction is carried out on non-arm’s length terms; d) whether the nature of the transaction is outside normal day-to-day business operations, based on

the factors and thresholds under the direction of Council’s Responsible Accounting Officer in consultation with Council’s external auditor.

5.7 Ordinary Citizen Transactions

A KMP is not required to notify in a related party disclosure, and Council will not disclose in its Financial Statements, related party transactions that are Ordinary Citizen Transactions assessed to be not material in nature. Council’s Responsible Accounting Officer is responsible for reviewing and assessing the materiality of related party transactions to determine whether the disclosure of such transactions are necessary for an understanding of the effects of the related party transactions on the Financial Statements having regard to the criteria specified in Section 5.6. As a general rule, Council will utilise $10,000 as the threshold for materiality.

5.8 Register of Related Party Transactions

Council’s Responsible Accounting Officer is responsible for maintaining and keeping up to date a register of Related Party Transactions that captures and records the information specified in Section 5.5 for each existing or potential related party transaction (including Ordinary Citizen Transactions assessed as being material in nature) during a financial year. The contents of the register of related party transactions must detail for each related party transaction: a) the description of the related party transaction; b) the name of the related party; c) the nature of the related party’s relationship with Council; d) whether the notified related party transaction is existing or potential; e) a description of the transactional documents the subject of the related party transaction; and f) the information specified in Section 5.5.



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Council’s Responsible Accounting Officer is responsible for ensuring that the information specified in Section 5.5 is disclosed in Council’s Financial Statements to the extent, and in the manner stipulated by AASB 124, subject to Section 5.6.

5.9 Lodgement of Related Party Disclosures by KMP In accordance with the policy, KMP must lodge a related party disclosure in the form set out in Appendix 1 (Related Party Disclosure by Key Management Personnel form) by no later than the following periods during a financial year: a) 30 days after a KMP commences their term or employment with Council; b) 30 December each year; and b) 30 June each year.

5.10 Information of Privacy

Information provided by KMP and other related parties shall be held for the purpose of compliance with Council’s statutory obligation and shall be disclosed where required for compliance or legal reasons only. The following persons are permitted to access, use and disclose the information provided in a related party disclosure or contained in a register of related party transactions: a) the General Manager; b) the Responsible Accounting Officer; c) an Auditor of Council (including an Auditor from the NSW Auditor General’s Office); and d) other officers of Council as delegated by the General Manager responsible for implementation of

this policy. 5.11 Government Information (Public Access) Act 2009 Status

For the purposes of the Government Information (Public Access) Act 2009 (GIPA) personal information provided by KMP in a related party disclosure or contained in the register of related party transactions is classified as confidential in that there exists an overriding public interest consideration against disclosure (s. 14) and is not available for inspection by or disclosure to the public, including through a GIPA application.

6 REVIEW This policy will be reviewed when any of the following occur: a) The related legislation/documents are amended or replaced; b) Other circumstances as determined from time to time by a resolution of Council; or c) Periodic Review – 3 years from date of adoption.



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APPENDIX 1: RELATED PARTY DISCLOSURE BY KEY MANAGEMENT PERSONNEL

Financial Year: _____________________________

Please read the Privacy Collection and Guidance Notice provided with this notification, which explains what is a related party transaction and the purposes for which Council is collecting and will use and disclose, the related party information provided by you in this notification.

Please complete the table below, and overleaf if more space is required, for each related party transaction with Council that you, or a close member of your family, or an entity related to you or a close member of your family:

(a). has previously entered into and which will continue in the above mentioned financial year; or (b). has entered into, or is reasonably likely to enter into, in the above mentioned financial year.

Description of Related Party Transaction

Is transaction existing/potential? Related Party’s Name (individual’s or entity’s name)

Related Party’s Relationship/Reasons why related

Description of Transaction Documents or Changes to the

Related Party Relationship

Notification I __________________________________________, ____________________________________________ as a Key Management Personnel notify that, to the (Full Name) (Position)

best of my knowledge, information and belief, as at the date of this notification, the above list and overleaf, includes all existing and potential related party transactions with Forbes Shire Council involving myself, close members of my family, or entities controlled or jointly controlled by me or close members of my family, relevant to the above mentioned financial year. I make this notification after reading the Privacy Collection and Guidance Notice provided by Forbes Shire Council, which details the meaning of the words “related party”, “related Party transaction”, “close members of the family of a person” and, in relation to an entity, “control” or “joint control”, and the purposes for which this information will be used and disclosed. I permit the Responsible Accounting Officer and the other permitted recipients specified in Council’s Related Party Disclosure Policy to access the register of interests of me and persons related to me and to use the information for the purposes specified in that policy. I note access by anyone else will be subject to Government Information (Public Access) and Privacy legislation.

Signature: ___________________________________________________ Date: _________________________________________________



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PRIVACY COLLECTION AND GUIDANCE NOTICE RELATED PARTY DISCLOSURES BY KEY MANAGEMENT PERSONNEL

Purpose of Collection, Use and Disclosure

Effective for annual periods beginning on or after 1 July 2016, Council must disclose certain related party relationships and related party transactions together with information associated with those transactions in its general purpose financial statements, in order to comply with Australian Accounting Standard AASB 124 Related Party Disclosures July 2015 (AASB 124).

Related parties include Council’s key management personnel (KMP), their close family members, and any entities that they or any of their close family members control or jointly control.

A related party transaction is any transaction (whether a transfer of resources, services or obligations) between the reporting local government and any of the related parties, whether monetary or not.

If there is a related party transaction with Council applicable to a report financial year, AASB 124 requires Council to disclose in the financial statements the nature of the related party relationship and information about the transaction, including outstanding balances and commitments associated with the transaction. Disclosure in the financial statements may be in the aggregate and/or made separately, depending on the materiality of the transaction.

For more information about Council’s disclosure requirements under AASB 124, please refer to Council’s Related Party Disclosure Policy. Notifications by Key Management Personnel

In order to comply with AASB 124, Council has adopted a policy that requires all members of its KMP to periodically provide notifications to Council’s Responsible Accounting Officer of any existing or potential related party transactions between Council and any of their related parties during a financial year, and any changes to previously notified related party relationships and transactions relevant to the subject financial year.

To this end, each KMP must provide a Related Party Disclosure, in the approved form, notifying any existing or potential related party transactions between Council and any related parties of the KMP, to Council’s Responsible Accounting Officer no later than the following periods during a financial year:

30 days after a KMP commences their term or employment with Council;

30 December (each year); and

30 June (each year).

Note, these related party disclosure requirements are in addition to the notifications KMPs are required to make to comply with the Code of Conduct including disclosures relating to Conflicts of Interest (Pecuniary and Non Pecuniary) and Gifts and Benefits.

Council’s Auditors may audit related party information as part of the annual external audit.

For privacy and right to information status of this information, please refer to Council’s Related Party Disclosure Policy. Who are KMP

KMP are persons having authority and responsibility for planning, directing and controlling the activities of Council, directly or indirectly. For the purposes of Council’s Related Party Disclosure Policy KMP include Councillors and the General Manager. Who are close family members of a KMP Person?

Close family members, or close members of the family, of a KMP are family members who may be expected to influence, or be influenced by, that person in their dealings with Council and include: (a). that person’s children and spouse or domestic partner; (b). children of that person’s spouse or domestic partner; and (c). dependants of that person or that person’s spouse or domestic partner.



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Under AASB 124, close family members could include extended members of a family (such as, without limitation, a parent, grandparent, siblings, etc) if they could be expected to influence, or be influenced by, the KMP in their dealings with Council. The following table may assist you in identifying your close family members:

Definitely a close family

member

Maybe a close family member

Your spouse/domestic partner

Your brothers and sisters, if they could be expected to influence, or be influenced by, you in their dealings with Council.

Your children Your aunts, uncles and cousins, if they could be expected to influence, or be influenced by, you in their dealings with Council.

Your dependants Your parents and grandparents, if they could be expected to influence, or be influenced by, you in their dealings with Council.

Children of your spouse/domestic partner

Your nieces and nephews, if they could be expected to influence, or be influenced by, you in their dealings with Council.

Dependants of your spouse/domestic partner.

Any other member of your family if they could be expected to influence, or be influenced, by you in their dealings with Council.

What is an entity that I, or my close family member, control or jointly control?

Entities include companies, trusts, incorporated and unincorporated associations such as clubs and charities, joint ventures and partnerships.

Control

You control an entity if you have:

(a). power over the entity; (b). exposure, or rights, to variable returns from your involvement with the entity; and (c). the ability to use your power over the entity to affect the amount of your returns. 1

Example of control: Fred is the Mayor of Sunny Shire Council and owns 100% of the ordinary shares in Sunny Development Company Pty Ltd (the company). The ordinary shares are the only shares in the company that have voting rights. Fred controls the company because he has the power to affect the company’s decisions and the return that he will get from the company.

Fred will need to include the company on his related party disclosure.

Joint Control

To jointly control an entity there must be contractually agreed sharing of control of the entity, which exists only when decision about the relevant activities require the unanimous consent of the parties sharing control. 2

Example of joint control: Fred is the Mayor of Sunny Shire Council and owns 50% of the ordinary shares in Sunny Development Company Pty Ltd (the company). Fred’s bother Stan owns the other 50% of the ordinary shares. Fred and Stan are the only Directors of the company and have voting rights. Fred and Stan have joint control of the company because any decisions require the unanimous consent of them both.

Fred will need to include the company on his related party disclosure and the entity’s related party relationship with Fred and Stan.

In some cases, it will be obvious that you or a family member control or have joint control over an entity. In other cases, it will be less clear. If you are unsure whether you, or a close family member, has control or joint control of an entity then you should contact Council’s Responsible Officer for a confidential discussion.

1 AASB 10 Consolidated Financial Statements, paragraphs 5 to 18, and Appendices A (Defined Terms) and B (Application Guidance) 2 AASB 128 Investments in Associates and Joint Ventures, paragraph 3 (Definitions).



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2.3 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 2017

Report Author: Executive Assistant Responsible Officer: General Manager

Executive Summary This report is to notify Council of the upcoming annual Local Government NSW Conference.

Commentary Council has recently been advised that the Local Government NSW annual conference will be held from 4 – 6 December 2017 at the Hyatt Regency in Sydney. Registrations will be open from August. All members can put forward motions from mid-year on the LGNSW Website to be considered at the conference.

RECOMMENDATION That Council: 1. consider representation at the 2017 LGNSW Conference to be held at Sydney from 4-

6 December 2017. 2. consider draft motions at the next Councillors briefing session to be held on Monday

3 July 2017.

Alignment with Strategic Plan LG4.5: Building strong, effective and productive alliances and partnership with community organisation, state and federal governments. Council representatives participate in regular engagement through meetings, events and activities.

Financial and Resource Implications Conference expenses have been allocated in Council’s 2017/18 budget.




Consultation conducted Nil.

Attachments Nil.



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2.4 TEMPLAR STREET TREES

Report Author: Executive Assistant Responsible Officer: General Manager

Executive Summary This report is to update Council regarding the planting of suitable trees in Templar Street to finalise the CBD beautification project in that area.

Commentary Council is in the final stages of completing the Templar Street footpath rectification project. The last stage is to plant suitable trees to provide appropriate shade and to visually improve the aesthetics of the area. This matter was recently raised by Councillors where it was suggested that Ornamental Pear trees (Pyrus Chanticleer – Glens Form) be planted. The following issues regarding the planting of Ornamental Pear trees is informative: 1. Advice from a concerned ratepayer that the Ornamental Pear trees are not suitable; 2. The CBD study is yet to be finalised and part of this process will include a landscape expert; 3. Council has a Policy and a list of preferred trees regarding town streets, power lines etc

(attached) and such trees are not included. 4. The present need to replace poor quality trees in Rankin Street could also form part of this

resolution. A copy of Council’s Urban Street Tree Policy is attached for Councillors information. Please note the tree is not listed on the Forbes Urban Landcare groups preferred tree list.

RECOMMENDATION That Council determine whether to plant Ornamental Pear trees (Pyrus Chanticleer - Glens Form) in Templar Street to finalise the Central Business District Beautification in that area.

Alignment with Strategic Plan P2.3.4: Liaise with other stakeholders to identify and address priority town beautification issues. Identify priority town beautification issues assessed against existing priorities and scheduled where appropriate for implementation in forward works program.

Financial and Resource Implications Allocated in Council’s 2016/17 budget.





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Consultation conducted Correspondence sent to affected businesses and residences advising of upcoming works. Media releases sent to the community.

Attachments Council’s Urban Street Tree Policy – refer Appendix 1 Forbes Shire Council/Forbes Urban Landcare Group Tree Species List – refer Appendix 2



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APPENDIX 1 – ARTS OUTWEST BOARD PRECINCT MEETING



Urban Street Tree Policy

Policy Number: 1295/2009

Date approved 17 December 2009



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Effective 17 December 2009

Authority Engineering & Technical Services

Contact Officer General Manager

Revision History

Version Date Amended Authorised by Approved by Revision Date

V1.0 General Manager Council 17/12/2011

Change History

Version Change Details

V.1.0 Initial Policy

Related Documents

Document Title Location

File reference:

Related Policy:

Tree Species List



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1. INTRODUCTION:

Council is committed to managing the streetscape including trees in the Forbes township in

an ecologically responsible manner. This practice needs to be balanced with the needs of

the community, protection of both public and private assets and public safety.

2. OBJECTIVE:

The objectives of the Forbes Shire Council Urban Street Tree Policy is to set the guidelines for

the planting, maintenance and removal of trees within the urban environment of the Shire.

The aims of the Forbes Shire Council Urban Street Tree Policy are as follows:

i). To improve the aesthetics of the town through the protection of trees on streets and

public lands.

ii). Create a microclimate to provide shade, screening and protection from the wind and

reduce noise.

iii). Reduce and prevent damage resulting from salinity and erosion; and provide a

habitat for native fauna.

iv). Minimise conflict between trees and pedestrians.

v). Minimise the effect of trees on traffic safety such as in areas involving sight distance

or lack of.

vi). To protect nominated trees for historical or horticultural reasons.

vii). Reduce and prevent damage to structures such as roads, footpaths, kerb and gutter

and buildings.

viii). Reduce and prevent conflict between trees and services such as underground

telecommunication cables, power, drainage, water supply and sewerage pipes and

overhead power lines.

ix). Select appropriate species of trees suitable to the climate and location to fulfil the

above requirements. Refer to Species Selection Flow Chart on Page 6.

3. POLICY STATEMENT:

The policy relates to the management of Council’s assets through best practice in relation to

preserving our urban landscape and road reserves.

4. DEFINITIONS:

Urban Landscape – Relates to all trees planted throughout streets, roads, parks and reserves

within the shire.

Crown – refers to the tree canopy head/top of the tree.

Nutrient Recycling – refers to the natural composting of fallen timber, releasing valuable

nutrients back into the soil.



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Microclimate – refers to the altering the natural environment through the planting of trees and

shrubs to create shade and shelter.

Habitat – refers to the home environment / shelter in which our native fauna / flora live.

5. GUIDELINES:

Street Tree planting is to be in accordance with the following guidelines:

i). Council’s tree planting will be carried out utilising the funds available.

ii). Private planting of trees and shrubs on Council property is to be subject to the

following conditions:

a). That planting only takes place with Council’s written approval.

b). That any advice given by the Director of Engineering and Technical Services

is to be strictly adhered to.

c). Trees planted without prior approval are to be removed by the resident within

21 days if inappropriate variety or location, or Council shall remove and

replace with an appropriate species at the residents cost.

d). Location of street trees are to be as follows:

e). The roadside edge of trees should be no closer than 600mm, and no further

than 1200mm from the back of kerb, except where plantings already exceed

these distances.

f). At intersections the trees should be no closer than 9 metres from the boundary

property line.

g). Trees should be no closer than 3.5 metres to driveway.

h). Types and location of trees to be planted must give consideration to the

location of services, in particular overhead powerlines and sewer.

i). A maximum of two (2) trees per average sized building block. Corner blocks

two (2) trees for each road frontage where possible. Larger blocks to the

discretion of the Director of Engineering and Technical Services.

j). If existing trees are to be removed new trees may be planted to become

established before the others are removed.

iii). Where possible and practicable trees of uniform species should be replanted.

6. TREE MAINTENANCE:

Regular maintenance of street trees is required to regulate the shape and vigour of trees and

maintain sight distance so as not to obstruct pedestrian and vehicular traffic, of traffic

signage.



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i). Tree pruning of any street trees by lopping, crown reduction, crown thinning or other

methods is to be carried out using correct arboricultural techniques by Council staff

only or Council approved arborist.

ii). Country Energy, in conjunction with Forbes Shire Council, will be responsible for

clearing any tree limbs interfering with power lines under the Electricity Supply Act

1995.

iii). Where existing trees have damaged limbs, consideration should be given to

appropriate tree surgery rather than complete removal of trees.

7. TREE REMOVAL:

Street Trees are under the care and control of Forbes Shire Council, and no person shall

ringbark, cut down, lop, remove, wilfully injure or destroy any such tree. Persons found causing

such damage may be subject to legal action.

A Council officer will consider the following criteria when assessing the removal of street trees:

i). The aesthetic value of the trees – whether the tree has a major impact on the

landscape.

ii). The tree is causing or likely to cause damage to existing buildings.

iii). The health of the tree, whether the tree is dead, dying or dangerous.

iv). The tree is interfering with sewerage, stormwater or water mains to the extent that

structural damage is being caused.

v). The tree has caused damage to footpaths, kerb and gutter, or roads and those items

are not being reconstructed.

vi). The suitability of the tree, in relation to space and condition.

vii). The tree is required to be removed for approved roadworks provided reasonable

consideration is given to alternative locations for such works (Part 4 assessment).

viii). The habitat value of the tree.

ix). The tree hinders road visibility and safety operations.

x). Whether the tree is native and part of the local endangered ecological community.

xi). Special circumstances at the Director of Engineering and Technical Services

discretion.

Note: Any mature tree removed in accordance with the above guidelines is

to be replaced where possible with a tree of an approved species. Planting

is to be in accordance with the tree planting guidelines.



Page 38

8. CONSTRUCTION OF NEW SERVICES:

i). The location of new powerlines must be designed and located in a position to avoid

unnecessary destruction or removal of existing trees.

ii). Installation of new services (gas, water, sewer, telecommunications line, power, etc)

in areas where there are existing trees:

a). Should not cause excessive damage to the root system of the existing trees.

b). Must be brought to the attention of the Director of Engineering and Technical

Services prior to works commencing.

9. NEW BUILDING AND SUBDIVISIONS:

i). Existing trees on new building and subdivision sites are to be maintained where

possible.

ii). Where existing trees have damaged limbs, consideration must be given to

appropriate tree surgery rather than complete removal of trees.

10. NEW TREE SELECTION AND PLACEMENT:

The long term success of urban tree plantings is the end result of a detailed process involving

many players. It requires a detailed analysis of site conditions and design constraints. It

requires an extensive knowledge of the inherent characteristics of a wide range of species.

Long term benefits are gained when time is spent at the planning stage when due

consideration is given to solving potential conflicts and problems.

The following Flow Chart illustrates a methodology for selecting trees.



Page 39

Species Selection Flow Chart

Yes No

No

Yes

Don’t Plant Here Plant Tree

Modify Site Conditions

Can site condition

be modified

Do any individual species match

site condition

s

Visit Site

Assess Site – Tables 2, 3, 4 & 5

Consult Approved Species List

Confirm individual Species

attributes and site suitability



Page 40

11. THE BENEFITS AND CONTRIBUTIONS OR URBAN TREES Table 1:

Economic The urban forest is a source of economic revenue attracting

recreational users and tourists

The production of by-products from tree maintenance such as

woodchip.

Urban forests provide infrastructure services without which

development opportunities decline i.e. tree roots stabilise stream

flow, reduce stormwater runoff, protect land and earth structures

such as embankments, dunes, roads and canals. Trees reduce

urban heat island effects, conserve energy and absorb air

pollutants responsible for numerous breathing ailments.

Annual CO2 reductions achieved through tree planting programs

can offset from 0.2% to 2% of annual emissions with flow-on

benefits to public utilities

Strategically located tree planting contributes to retail sales, and

to shopper attitudes

Social Urban forests contribute to social cohesion thereby enhancing the

success of productive enterprises

Forest groves, as in parks and other urban spaces provide a focus

for community life

Urban forests contribute to the value of real estate and tourism

potential

Trees and people are psychologically linked by culture,

socialisation, and co-adaptive history

Environment Air temperature reductions up to 8˚C can be achieved in the

presence of appropriate tree cover

Trees shading building and road surfaces reduce a major source

of heat gain and hence reduce community reliance on air

conditioning cooling loads

Gaseous air pollution is absorbed and airborne particles are

captured by tree canopies. For example in New York City trees

removed an estimated 1,821 tonnes of air pollution at an

estimated value to the city of $9.5 million in 1994

The larger the tree the greater the benefits – for example the

average annual net benefits from a large tree such as a London

Plane, can be as much as 6 times greater than from small trees

such as Crepe Myrtles

Increasing development densities lead to increased impervious

surfaces reducing soil permeability and the overall area of

permeable surface. Trees can mitigate such negative impacts.

Ecological Appropriate urban trees enhance biodiversity by providing wildlife

habitat

Bird life diversity is least in mown grasslands and greatest where

trees grown in groves or stands – typically in a park or open space

system

The average ecological contribution of a typical community tree

has been estimated at $270

Studies show that on average for every dollar spent on urban

forest, it returns two (2) dollars in benefit



Page 41

12. SITE ASSESSMENT CRITERIA – Table 2 Common Interactions & Impacts Between

Trees & Structures:

Structure Typical Causes of

Conflict with Trees

Impact by Trees Impact on Trees

Footpaths

Concrete, Paver and

Asphalt

Pathways located too

close to trees, bitumen

laid over tree roots

Lifting, heaving,

cracking, leading to trip

hazards & increased risk

Root pruning and root

scalping leads to root

decay and a potential

loss of stability.

Reduced water and

nutrient uptake,

reduction of soil oxygen,

loss of natural nutrient

recycling and elevated

tree stress.

Kerb and Gutter

Concrete

Kerb located too close to

trees

Lifting, heaving, cracking

and displacement.

Drainage interruptions

Restricted root

distribution effects tree

stability and the critical

availability of water and

elements.

Underground Services

Power, Fibre Optic,

Water, Gas

Improperly laid, eg.

Poorly jointed,

inadequately

compacted backfill,

inappropriate backfill

materials, pipes retained

past their useful life and

requiring renewal, use of

technology that does not

account for the

dynamics of tree root

development.

Blockages, crushing,

displacement and

heaving.

Root loss during

installation, incipient

decay following

excavation. Changes in

water table fluctuations,

gas leaks, soil saturation.

Overhead services

Power lines

Inappropriately located

poles, poles shorter than

prescribed heights, wires

lower than prescribed

height, uninsulated wires

where insulated cables

would be less restrictive

on tree planting and

safer near people,

above ground

transformers.

Branch and whole tree

failures, wind whipping,

electrical outages,

blackouts, fire, restricted

access to poles.

Reduced amenity and

environmental

contributions ie. Shade

and shelter, aesthetics,

PM 10 absorption,

incipient decay.

Poor public image for

street trees.

Buildings and other load

bearing structures

Minimum distances not

observed, reactive soils.

Lifting and cracking of

foundations, subsidence,

branch and fruit

shredding, reactive soils

drying and wetting

cycles

Damage during site

preparations and

construction, reduced

sunlight. Wind tunnelling

Traffic and Pedestrians Compaction Vehicle hitting trees.

Blocked vision of road

signs and access places.

Trip points in footpaths.

Trees damaged or killed

in vehicle accidents.

Heavy and repeated

pruning to achieve

visibility.

Decay of roots and loss of

stability from root grinding

for footpaths.



Page 42

Interactions between trees and structures are complex and there are likely to be other factors

contributing to any given situation. It is therefore not beneficial to focus concern entirely onto

a tree or tree species when developing a tree risk management strategy.

Factors that commonly contribute to negative interactions between trees and structures

include:

The soil type, its structure and depth

The tree species and its generic description

The construction materials and methods adopted

The age of the structure (All structures have a useful lifespan including trees and

have to be maintained and then replaced within a set timeframe).

The type of previous land use, e.g. Industrial sites where soil contamination can impede normal

biological processes.

Table 3 Tree Planting Site Characteristics

Control Strategy Description

Root Barriers Installation of root barriers to manufacturers specification at the time of

planting will assist tree roots to develop away from services, pavements and

other structures.

NOTE OF CAUTION: Tree roots barriers do require periodic monitoring as

roots deflected downwards will return to the surface if soil oxygen levels are

not sufficient to support growth at depth. Roots can also grow over the

barrier in some situations.

Soil Compaction Proper compaction of the soil when backfilling trenches or around utility

easements and house footings will direct tree roots away from these areas.

By achieving and maintaining compaction at 95% root growth can be

inhibited through the depravation of oxygen.

Pseudo Street

Trees

Residents could be encouraged to plant trees within their boundaries in

preference to street tree planting. This might allow larger species to be

used, and reduce pressure on pavements and services.

Design of New

Roads and

Pathways

The design of new roads and footpaths should be undertaken with

consideration for tree planting on the nature strip or in the road pavements

to ensure appropriate allocation of space.

Provision of

Aeration and

Irrigation

Where there is to be continuous paving around a tree, the installation of an

aeration and irrigation system should be considered. Where irrigation is

installed and properly operating, a tree root system will be proportionally

smaller than without irrigation.

Pavement

Openings

Pavement openings at the base of the tree should be as large as possible

to reduce the future impact of buttressing roots on pavements. Position of

the tree should be a good distance from the kerb line to reduce the

likelihood of future cracking.



Page 43

Table 4 Tree Planting Risk Zones in Streets

Zone A

Most Constraints

(Highest Risk)

Zone B

Moderate

Constraints

(Moderate Risk)

Zone C

Fewest Constraints

(Minimum Risk)

Electrical &

Telecommunications

Uninsulated low

and high

voltage wires

Bushfire area

Bundled Cables

(ABC)

Insulated

Cables

No powerlines

Below Ground

Services Typical

Layouts

Fibre Optic

Cables

High voltage

power

Water Mains

Gas Mains

Stormwater

No underground

services

Slope Steep Slope Moderate Slope Generally flat

land

Paved Areas Area wholly

paved

Surface wholly

sealed

Brick pavers laid

on sand

bedding

Partially paved

areas

Non reinforced

concrete

Grass up to 6m

Verge width Less than 3m From 3m to 4m 4m or wider

Building Set Back None Less than 6m 6m or greater

Street Lighting Over pedestrian

crossings

Traffic

intersections

Street lighting

other than

crossings and

intersections

No street lighting

Safety signage ie

traffic signs

Dual

carriageway

Arterial Roads

High density

residential

streets

Medium density

residential

streets

Arterial roads in

rural zones

Low density

rural/ residential

streets

Traffic Heavy vehicles

Public transport

in heavy

volumes

Public transport

in moderate

volumes

Heavy vehicles

in moderate

volumes

Public transport

in low volumes

Residential

traffic in low

volume

Cul-de-sacs

Soils Severely

compacted

Shallow

Reactive clay

Acid sulphate

Poor drainage

Moderately

compacted

Urban Fill

Moderate

drainage

Undisturbed soil

Seep profile

Medium texture

Good natured

drainage

Water Table High Moderate

depth

Deep water

table



Page 44

Table 5 Tree Planting Site Characteristics

A

Most Constraints

B

Moderate Constraint

C

Least Constraint

Climate Prevailing wind

exposure

Rain Shadow

Extensive sealed

ground surface

Moderate wind

exposure

Partial rain shadow

Partial ground

surface sealed

Minimal wind

exposure

No rain shadow

Minimal ground

surface sealed

Slope Steep slope Moderate slope Minor slope to flat

ground

Aspect Southern and

Western exposure

Either southern or

Northern exposure

Northern & eastern

exposure

Street – width &

usage

Narrow, CBD

residential and

commercial

Arterial – high

traffic volume

Non CBD, narrow

residential &

commercial

Suburban collector

road – medium

volume traffic

Average to wide

residential /

commercial

Wide residential

Soil – Type &

Drainage

Reactive clay

Poor Drainage

Salinity

Non reactive clay

Average drainage

Free draining open

soil

Services Above ground

and below ground

utility services

Above or below

ground utility

services

No utility services

Areas in column A with most constraints represent the highest potential risk and therefore

require greater emphasis on risk management. These areas are typical of CBD, high density

sites, tourist precincts and the like where trees are highly desirable and often critical

components of the landscape. In these areas the objective should be to minimise risk

associated with trees by selecting trees that will have minimal impact on and have minimal

impact from their new environment.

12. PROCEDURE:

REMOVAL

Tree inspected to determine requirements;

All OH&S policies adhered to;

Hazard inspection undertaken to document reason for removal;

Risk assessment carried out to task requirements;

All services located prior to any works being undertaken;

Traffic control measures implemented where working in close proximity to traffic and

pedestrians;

Work area left in a safe and tidy condition on completion.

MAINTENANCE

Lower limbs removed to prevent conflict with pedestrians;

Co-dominant trunks removed to improve vigour of tree;

All off cuts to be disposed of and area left in a safe and tidy condition.



Page 45

PLANTING

All services to be located prior to works being undertaken;

Species to be selected from the Tree Species List developed by Forbes Urban

Landcare in conjunction with Forbes Shire Council 2003

Planting to comply with Council procedures;

Risk assessment undertaken prior to commencement of works;

Traffic control measures implemented where working in close proximity to traffic and

pedestrians;

Work area left in a safe and tidy condition on completion.



Page 46

APPENDIX 2 – FORBES SHIRE COUNCIL/FORBES URBAN LANDCARE GROUP TREE SPECIES LIST



Page 47



Page 48



Page 49



Page 50

2.5 REVIEW OF ACCESS TO INFORMATION POLICY


Executive Summary This report outlines the proposed amendments to Council’s Right to Information Policy following a periodic review of the policy. Background Council’s Right to Information Policy was adopted in February 2011. The purpose of this policy is to reflect Council’s commitment to open and transparent government by setting out how it intends to meet the requirements of the Government Information (Public Access) Act 2009. This policy describes Council’s principles regarding public access to information and to facilitate the processing of requests for such access. Detailed Report Following a periodic review of the Right to Information Policy, minor amendments to the policy are proposed, which: i. address the change in terminology used by the by the NSW Information and Privacy

Commission in their administration of the Government Information (Public Access) Act 2009; and

ii. include a more comprehensive list of documents and legislation related to the policy.

RECOMMENDATION That Council incorporate the revised Access to Information Policy into the current policy register for integration into operational controls.

Alignment with Strategic Plan L2.1: Comply with statutory obligations for the administration of local government.





Consultation conducted Nil

Attachments Draft Access to Information Policy showing the proposed amendments – refer Appendix 1



Page 51

APPENDIX 1 – DRAFT ACCESS TO INFORMATION POLICY



Page 52



Page 53



Page 54



Page 55

2.6 REVOCATION OF POLICIES


Executive Summary This report recommends the removal of obsolete Council policies from it operational controls.

Detailed Report Following a periodic review of Council’s Register of Policies, a number of policies have been identified as obsolete and should be formally removed from Council’s policy register. The list of policies and the reason they are now redundant is provided below.

Policy Reason

Code of Conduct – Council Community Committees

Policy is obsolete in that Council Committees are subject to the Code of Conduct Model Policy, adopted 17 December 2015.

Requirements for Swimming Pools Policy Policy is no longer needed as legislative requirements were repealed with the adoption of Local Government Act 1993.

Construction of Dwellings Impacted by Overland Stormwater Flows Cypress Lane to Lake Forbes Policy

Policy is obsolete as it was incorporated in to Council’s Development Control Plan, adopted 21 June 2012.

RECOMMENDATION That Council remove the policies: Code of Conduct – Council Community Committees; Requirements for Swimming Pools Policy; and Construction of Dwellings Impacted by Overland Stormwater Flows Cypress Lane to Lake Forbes Policy from operational control.

Alignment with Strategic Plan L2.1: Comply with statutory obligations for the administration of local government. L1.1: Develop and maintain a framework of plans and policies that ensures open and transparent operations.






Attachments Nil.



Page 56

DIRECTOR CORPORATE SERVICES

REPORT TO COUNCIL

PART I



Page 57

3. DIRECTOR CORPORATE SERVICES REPORT TO COUNCIL

- PART I

3.1 INVESTMENT OF COUNCIL’S FUNDS – 31 MAY 2017

Report Author: Accounting Assistant Responsible Officer: Director Corporate Services

Executive Summary The Local Government (General) Regulations require that the responsible accounting officer provide a written report to the Ordinary Meeting of the Council giving details of all monies invested. Council’s investment strategy takes into consideration the desirability of diversifying investments and the nature and risk associated with the investments.

Investment Overview: The size of the investment portfolio varies from month to month due to cash flow movements during the period. Cash outflows (expenditure) vary from stable to moderate from one month to another. Cash inflows (income) are cyclical and largely dependent on the timing of rates instalment due date and payments, grant payments including receipt of Roads and Maritime Services (RMS) payments and the Financial Assistance Grant. Council’s four peak income months are August, November, February and May.

Commentary – May 2017:

The increase in Council’s investment balance directly reflects the timing of cash flows for the period. At its meeting on 6th June 2017, the Board of the Reserve Bank of Australia (RBA) decided to leave the cash rate unchanged at 1.50 per cent. Within the Board’s statement, key points discussed included:

The broad-based pick-up in the global economy is continuing. Labour markets have tightened further in many countries and forecasts for global growth have been revised up since last year. Commodity prices are generally higher than they were a year ago, providing a boost to Australia's national income.

Headline inflation rates in most countries have moved higher over the past year, partly reflecting the higher commodity prices. Core inflation remains low, as do long-term bond yields.

Indicators of the labour market remain mixed. Employment growth has been stronger over recent months, although growth in total hours worked remains weak. The minimum wage increased by 3.3%, surprising the market, significantly higher than the expected 2.4%

Taking account of the available information, the Board judged that holding the stance of monetary policy unchanged at this meeting would be consistent with sustainable growth in the economy and achieving the inflation target over time. Total Investment at 31 May 2017: Council’s investment portfolio at the 31 May 2017 totalled $38,299,426.18.



Page 58

DIRECTOR CORPORATE SERVICES REPORT TO COUNCIL cont’d The portfolio is diversified across a number of investment types and spread across a number of financial institutions. The various investment types may include managed funds, term deposits, bank bills and on-call accounts. Investment performance in terms of actual investment income earned versus budget year to date at 31 May 2017 is represented below.

Investment performance in terms of investment income earned year to date for the current 2016/17 financial year versus investment income earned year to date at 31 May 2017 is represented below.

The following graph represents actual investment return against 90 day BBSW rate and the official cash rate for the year to date at 31 May 2017. The weighted average return on investments to 31 May 2017 for the 2016/17 financial year is 5.81%. The weighted average return on the investment portfolio as at 31 May 2017 was 2.63%.

$-

$100,000.00

$200,000.00

$300,000.00

$400,000.00

$500,000.00

$600,000.00

GENERAL WATER SEWER

AM

OU

NT

INCOME EARNED VERSUS BUDGET

2016/17 BUDGET 2016/17 INTEREST YTD

$-

$100,000.00

$200,000.00

$300,000.00

$400,000.00

$500,000.00

$600,000.00

GENERAL WATER SEWER

AM

OU

NT

INTEREST EARNED CURRENT YTD VERSUS PREVIOUS YTD

2015/16 INTEREST YTD 2016/17 INTEREST YTD



Page 59

DIRECTOR CORPORATE SERVICES REPORT TO COUNCIL cont’d

The following graph represents invested Council funds by Fund (excluding Westpac Consolidated Fund) at the 31 May 2017.

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17

PE

RC

EN

TA

GE

MONTH

BANK BILLS RETURNS AGAINST BENCHMARK

COUNCIL RETURN 90 DAY BBSW RATE OFFICIAL CASH RATE

$20,565,507.45

$9,835,701.74

$4,913,800.61

$0.00

$5,000,000.00

$10,000,000.00

$15,000,000.00

$20,000,000.00

$25,000,000.00

GENERAL WATER SEWER

FUND APPORTIONMENT



Page 60

DIRECTOR CORPORATE SERVICES REPORT TO COUNCIL cont’d The following graph represents invested Council funds by financial institution (excluding Westpac Consolidated Fund) at the 31 May 2017.

The following graphs illustrate Council’s apportionment of Investment types at the 31 May 2017.

$-

$1,000,000.00

$2,000,000.00

$3,000,000.00

$4,000,000.00

$5,000,000.00

$6,000,000.00

$7,000,000.00

INVESTMENT BY FINANCIAL INSTITUTION

$0.00

$5,000,000.00

$10,000,000.00

$15,000,000.00

$20,000,000.00

$25,000,000.00

$30,000,000.00

$35,000,000.00

$40,000,000.00

AT CALL TERM DEPOSITS

INVESTMENT BY TYPE



Page 61

DIRECTOR CORPORATE SERVICES REPORT TO COUNCIL cont’d The investment portfolio is regularly reviewed in order to maximise investment performance while also minimising risk. The graph below illustrates Council’s investment distribution according to the institute’s credit rating, ensuring compliance within legislative and policy limits.

Certification – Responsible Accounting Officer: I hereby certify that the investments within Council’s portfolio have been made in accordance with section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy number CS016.

RECOMMENDATION

That Council receive and note the information within the report and the Certificate of the Responsible Accounting Officer for the reporting period to the 31 May 2017.

Alignment with Strategic Plan L4.3: Effectively manage and maximise returns from investments. L4.3.1: Invest Council funds to achieve maximum returns in line with Division of Local Government Investment Guidelines. Report to Council monthly on portfolio.

Financial and Resource Implications Maximise returns on investments.

Policy Implications All Council investments activities are undertaken in accordance with Council’s Investment Policy, relevant guidelines and legislation.

40%

37%

24%

0%

0%

100%

100%

80%

10%

0%

0% 20% 40% 60% 80% 100%

A1+

A1

A2

A3

UNRATED

PERCENTAGE

RA

TIN

G

INVESTMENT SUMMARY BY CREDIT RATING

AMOUNT ALLOWED AMOUNT INVESTED



Page 62

DIRECTOR CORPORATE SERVICES REPORT TO COUNCIL – PART I cont’d:

Risk Considerations Potential loss of income due to investing in financial products deemed outside Council’s Policy and the Minister’s guidelines.

Statutory/Regulatory Implications Council is authorised by sec 625 of the Local Government Act to invest its surplus funds. Funds may only be invested in the forms of investment notified by Order of the Minister dated 12 January 2011. The Local Government (General) Regulations prescribes the records that must be maintained in relation to Council investments.

Consultation conducted Council officers consult various financial institutions that have S&P rating to obtain the most suitable rate of return at a given time.

Attachments Nil.



Page 63


3.2 RATES & CHARGES COLLECTION AS AT MAY 2017

Report Author: Rating Officer Responsible Officer: Director Corporate Services

Executive Summary This report provides Council with a monthly update on rates and charges collection, showing totals for the initial levy, rebates applied, interest and legal costs incurred and total outstanding for the financial year. It recommends adoption of the report.

Detailed Report

2016/2017 Levy $11,909,199.73

Less Pensioner Rebates $324,173.95

Net 2016/2017 Levy $11,585,025.78

Amount Collected (to 7 Jun 17) $10,685,127.60

2016/2017 to be collected $899,898.18

2016/2017 Interest $33,575.67

Rates b/f from previous years (+ interest) $197,315.58

Debt Recovery Expenses $57,101.52

Total Outstanding $1,187,890.95

RECOMMENDATION That Council adopt the rates and charges report as at May 2017.

Alignment with Strategic Plan Operational Plan: Statement of Revenue, Fees and Charges; Legislation: Local Government Act 1993 Sec 404, Local Government Act 1993 Sec 501; Community Strategic Plan: L2 Council complies with key legislation governing local government activity. L2.1: Complies with statutory obligations for the administration of Local Government.






Attachments Nil.



Page 64

3.3 PROCUREMENT REPORTING

Report Author: Finance Manager Responsible Officer: Director Corporate Services

Executive Summary Councils Procurement Policy seeks to provide clear guiding principles for the procurement process to assist in ensuring best value for money, cost effectiveness, meeting the needs of the community, good management practices, transparency, probity and environmental performance. The following report addresses the Policy requirement for exception reporting.

Detailed Report Council’s Procurement Policy requires exception reporting as follows: 1). That for all purchases of $2,000 up to $19,999, should the minimum number of quotations

not be obtained, supporting commentary justifying this must be provided along with the responsible Director’s. Details of the transaction must also be reported to Council.

The following purchases were made between 2 May 2017 and 5 June 2017 where the minimum requirement for three (3) quotations was not met:

Number Supplier Supplier Origin

Description Quotes Reason for non-compliance

1 Coates Hire Operations Pty Ltd

Parkes Hire of Generator 1 Only local company able to supply

2 Matt Bull Concreting Forbes Concrete 180m2 at Hutcheon Pearce driveway

1 Only local contractor able to do work

3 Lachlan Antenna & Security

Forbes Supply and install CCTV video recorder at dreaming centre.

1 Auspiced grant -Meets grant funding requirements.

4 Kurt Heitzmann Grader Hire

Forbes Provide Grader and roller to perform flood damage repairs

1 Contractor engaged for ongoing flood repairs

5 Rollers Australia Pty Ltd Double Bay, Sydney

Supply Pads foot roller 1 Long term hire at competitive rate

6 T G Hire & Greater Water Trucks

Orange Hire of Smooth Drum & Multi Tyred Roller

1 Long term hire at competitive rate for flood damage works

7 Premiair Hire Parkes Hire of VMS and Portable Traffic Lights

`1 Only local company able to supply

8 Jacks Aerating & Irrigation

Forbes 19mm verti drain for Council ovals

1 only contractor in area available with verti drain.

9 REMPLAN Bendigo, Vic

Comprehensive package of economic and statistical datasets for demographic analysis and modelling

1 Will provide area specific datasets to our LGA that can be used by our planning and economic development staff.

10 Western Safety Barriers Pty Ltd

Bathurst Supply and install guard rail 1 Only contractor available in area

11 P & M Electrical Fitting Pty Ltd

Forbes Installation of Dryers at WFP 1 Council's preferred contractor for mechanical work @ the WFP



Page 65


Number Supplier Supplier Origin

Description Quotes Reason for non-compliance

12 M H Engineering Solutions P/L

Forbes Perform repairs to Amaroo Way Rd flood damage

1 Contractor engaged for ongoing flood repairs

13 National Safety Services Pty Ltd

Newcastle Take 5 and WHS Awareness Training

1 Provider had written the training materials and was available at the time

14 Civica Pty Ltd Newcastle Enviro Services training - Submissions & Conditions

1 Software provider of Civica Authority product

15 Local Government NSW Sydney Executive Certificate for Elected Members

1 Only provider of this training

16 P & M Electrical Fitting Pty Ltd

Forbes Refurbish sludge rake plant B at WFP

1 Councils contractor for this job

17 Karl Lupis Forbes Aerodrome - survey services for stage 1

1 Continuation of ongoing project

18 Integrity Pumps Unit Trust Unanderra Replacement pumps for E-One septic systems

1 Specialised pump for E-One systems

19 Calix Ltd Pymble Clean & coat four (4) sewer manholes with "Protecta Coat"

1 Trial of new product for sewer manhole protection

20 AgriWest Forbes 20 x cattle yard troughs 1 known supplier

2). The General Manager is delegated authority to authorise the awarding of works and expenditure up to $19,999 where 3 quotes are gathered. Details of any contracts awarded or purchases of goods or services under this delegated authority for works in excess of $20,000 must be authorised by two (2) Councillors and the responsible Director’s and reported to Council.

The following purchases over $20,000 requiring approval by Councillors and staff made between 2 May 2017 and 5 June 2017:

Number Description

1 Augmentation of power supply to CWIP from Parkes/Forbes Line (NJ Constructions Parkes)

RECOMMENDATION That Council adopt the procurement report for the period ending 5 June 2017.

Alignment with Strategic Plan Leadership – L1.2: Embed corruption prevention and maladministration practices into Council’s operations.

Financial and Resource Implications Noncompliance resulting in possible over expenditure on Council works.

Policy Implications All Council procurement activities are undertaken in accordance with Council’s policies, relevant guidelines and legislation.

Risk Considerations Favouring preferred suppliers where less costly options may be available.



Attachments Nil.



Page 66

DIRECTOR ENVIRONMENTAL SERVICES

AND PLANNING

REPORT TO COUNCIL

PART I



Page 67

4 DIRECTOR ENVIRONMENTAL SERVICES AND PLANNING

REPORT

4.1 DEVELOPMENT APPLICATIONS

Report Author: Graduate Health & Building Surveyor Responsible Officer: Director Environmental Services & Planning

Executive Summary This report provides details of development applications, modifications to existing development consents and complying development certificates lodged with Forbes Shire Council during the May and June reporting period.

Detailed Report During the reporting period, 20 Development Applications 2017/42 to 2017/58 and 3 modified consents 2012/35, 2012/36 and 2016/75. Development Type:

Event (1) Modified to Rural Workers Cottage (2)

Subdivision of Forbes Aerodrome (1) In-ground Swimming Pool (1)

Residential Subdivision (3) Home Industry (1)

Alterations and Additions (2) Garage/Carport, (2)

Unauthorised Development (2) Toilet Block (1)

Residential Shed (3) Dwelling (3)

Total development value: $1,544,820.00

Application details:

DA Number Location Description

2017-43 22 Tim Meagher Pde, Forbes Subdivision

2017-44 114-116 Calarie Road, Forbes Residential Subdivision

2017-45 110 Warrul Road, Forbes Alterations and Unauthorised Pool

2017-42 81 Church Street, Forbes Residential Shed and In-ground Pool

2017-50 69 Quarry Road, Forbes Residential Subdivision

2017-46 36 River Road, Forbes Home Industry – Household Kitchen Use

2017-47 35 Elizabeth Street, Forbes Residential Storage Shed

2017-55 Wandary Lane, Forbes Residential Subdivision

2017-48 42 Parkes Road, Forbes Garage/Carport,

2017-49 Bergen Park 6751 Newell Hwy, Forbes Unauthorised In-ground Pool

2017-51 College Road, Forbes Staff Toilet Block

2017-52 19 Grenfell Street, Forbes Residential Garage

2017-53 2 Reymond Street, Forbes New Single Dwelling

2017-54 Crown Reserve 5751 Lachlan Valley Way ,Forbes

Grazing Down the Lachlan – Event

2016-75 60-64 Bedgerabong Road, Forbes New Single Dwelling

2017-57 81 Church Street, Forbes New Single Dwelling

2017-56 242 South Lead Road, Forbes Alterations and Additions

2012-35 655 Yarrabandai Road, Forbes Modified to Rural Workers Cottage

2012-36 601 Yarrabandai Road, Forbes Modified to Rural Workers Cottage

2017-58 3 Grenfell Street, Forbes New Garage/Shed



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DIRECTOR ENVIRONMENTAL SERVICES AND PLANNING REPORT TO COUNCIL cont’d

RECOMMENDATION That Council note the lodgement of 20 Development Applications and 3 Modified Development Applications with a total value of $1,544,820.00 for the May/June reporting period.

Alignment with Strategic Plan L2.2 Comply with statutory obligations for development control, environmental health and animal control. Activity - Provide an effective development application, assessment and determination system, including a pre-lodgement service and effective customer service within legislative and regulatory requirements.

Financial and Resource Implications Nil

Policy Implications Nil

Risk Considerations Nil

Statutory/Regulatory Implications Nil


Attachments Nil



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4.2 DEVELOPMENT APPLICATION 2017/24 – APPLICANT FORBES

SHIRE COUNCIL, ROAD RESERVE CORNER BACK YAMMA & ANGUS

CLARKE DRIVE, FORBES

Report Author: Director Environmental Services & Planning Responsible Officer: Director Environmental Services & Planning

Executive Summary The purpose of this report is to provide Council with an assessment of an application for development, including consideration of plans and supporting documentation in accordance with the relevant matters as outlined under the Environmental Planning and Assessment Act, 1979 (as amended) and the Environmental Planning Assessment Regulations 2000. The following development application is placed before Council for determination: Application No: DA 2017/24

Applicant: Forbes Shire Council

Owner: Forbes Shire Council

Property: Road Reserve Corner Back Yamma & Angus Clarke Drive, Forbes

Development: Sign Land Use Zone: IN1 General Industrial

Detailed Report Background: Forbes Shire Council lodged a Development Application for the construction of an Industrial Park advertising sign to be installed in the road reserve on the corner of Back Yamma Road & Angus Clarke Drive Forbes. Three surrounding neighbours were notified of the proposed development with Council receiving an objection to the proposal. Council at its May 2017 meeting resolved to defer this matter until a site meeting is arranged to incorporate all available business stakeholders this meeting was scheduled for 10:30 am on Thursday 15 June 2017. Detailed Report: It is proposed to construct a sign in the road reserve on the corner of Back Yamma Road and Angus Clarke Drive. The sign measures 6.38 meters high and 3.4 meters wide. The sign will be used to identify the businesses located within the Central West Industrial Park. Please note the following pages containing the below information associated with the development: 1. Site Plan 2. Site plan showing incorporating neighbouring development 3. Elevation Plan 4. Site photographs



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Statutory Considerations S79c (1)(a)(i) Is the Proposed Development Permissible within the Zone The subject land is zoned IN1 General Industrial in accordance with the Forbes Local Environmental Plan 2013. Signage is a permitted use with the consent of Council within this zone.

S79c (1)(a)(i) Any Environmental Planning Instrument

A review of the State Environmental Planning Policies has been undertaken and it is considered that the signage is consistent with these Policies. State Environmental Planning Policy 64 Advertising and Signage provides specific detail for signs. The SEPP requires a determining authority to consider the assessment criteria listed in schedule 1 of the SEPP when determining an application. A comparison of the proposal to the assessment criteria in the SEPP is detailed in Annexure 1. It is considered that the signage is consistent with the assessment criteria.

S79c (1)(a)(ii) Draft Environmental Planning Instruments No Draft Environmental Planning Instruments Apply to this Development. S79c (1)(a)(iii) Development Control Plan Forbes Development Control Plan 2013 applies to the site. Chapter 11 of the Forbes DCP relates to Industrial Development in general. Clause 11.13 relates to the Forbes Midstate Industrial Park (now Central West Industrial Park). Clause 11.13.9 specifically relates to advertising within the Central West Industrial Park. At the time the DCP was written a lot was created for an estate identification sign on the corner of the Newell Highway and Back Yamma Road. Development Consent has since been granted for the placement of a sign in this area. The sign subject to this application is in addition to the sign identified as part of the development of the DCP. The remaining 3 standards in clause 11.13.9 relate to signage erected within a development lot and associated with an industry. The Industrial Park advertising sign should be considered separately from these standards as it is for the benefit of the entire Industrial Park and not an individual business. A comparison of the proposed sign to Chapter 11 is detailed in Annexure 2. S79c(1)(a)(iiia) – Any Planning Agreement or Draft Planning Agreement under S93F. There are no Planning Agreements or Draft Planning Agreements applying to the property. S79c(1)(a)(iv) – Any Matter Prescribed by the Regulation. There are no matters prescribed by the regulations that impact on the proposed development. S79c(1)(a)(v) – Any Coastal Zone Management Plan. There are no Coastal Zone Management Plans applying to the site. S79c(1)(b) – The Likely Impacts of the Development (including environmental impacts on both the natural and built environments and social and economic impacts in the locality).



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DIRECTOR ENVIRONMENTAL SERVICES AND PLANNING REPORT TO COUNCIL cont’d A review of SEPP 64 – Advertising & Signage has been undertaken in accordance with the criteria in Schedule 1. This has concluded that the signage is in keeping with the larger scale industrial development intended for the Industrial Park. It is considered that the proposed sign would have minimal impact on the natural and built environment. The sign would have economic benefits to businesses within the Central West Industrial Park by notifying the public of their business and assist in directing the public to their premises. S79c(1)(c) – The Suitability of the Site for Development. The site is located in the road reserve and a sufficient distance not to have an impact on passing traffic. The location is at the entrance to the Central West Industrial Park and therefore is the appropriate location to have signage identifying businesses within the Industrial Park. S79c(1)(d) – Submissions Council received two submissions from the same person in respect of the application. A copy of the submissions is available under separate cover. A summary of concerns raised and an assessment comment on these concerns are provided below:

Submission 1:

Submission Comment: Raising an objection to the placement of the sign and advising that

they are in the process of building and relocation of their business to block 104 corner of Angus Clarke Drive.

Assessment Comment: Noted Submission Comment: Advising that if the sign is placed where you have proposed it will

interfere with our own business signage, blocking views and causing confusion with customers

Assessment Comment: The sign is located on the corner splay which is 30.8m long. The sign

is located 1.1m from the southern corner of the splay. The sign will be located approximately 9.5m south of the approved Forbes Engineering Business identification sign located along the splayed boundary.

A 5m x 5m attached wall sign is also proposed by Forbes Engineering.

This sign is attached to the wall fronting Back Yamma Road. For the majority of the time this sign will be wholly visible by vehicles travelling east along Back Yamma Road.

Submission Comment: Advising that they have no problem with the sign as they have previously said and will be putting their business on it. Advising that they would be happy to have a meeting to discuss further.

Assessment Comment: The objector has advised that he has met with the applicant and a consensus in relation to the sign has not been met.



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Submission 2

Submission Comment: Thanking Council for their email in relation to their objection to the proposed sign and advising that they would like to attend the Council Meeting when their objection is raised.

Assessment Comment: Noted

Submission Comment: Confirming that they do not object to the sign or directory board being installed for the Industrial Estate but do object to its current proposed size & location.


Submission Comment: Advising that there has been no indication of any Directory Board being installed in this location in any of the correspondence or documentation for our development at any time up till this point


Submission Comment: Noting that there is no mention of the directory board being installed on the corner of Back Yamma Road and Angus Clarke Drive

Anywhere in the Industrial Estate info

In any of the correspondence within or attached to our Development Application

In any of the correspondence within or attached to our Construction Certificate.

Assessment Comment: Details of the proposed sign would not form part of the Development Application or Construction Certificate documentation.

Submission Comment: Advising that their objection relates to the size & location of the Directory Sign. The size at approximately 6.5m high and 3.0m wide is extremely large and is currently proposed to be directly on the corner of our development. Advising that this large size will be directly in the line of sight to and from our building from the office which is on the north end (Angus Clarke Drive end) of our development. We believe that the sign would affect the views from the office to the surrounding area. Whilst they recognise that they are within an Industrial Estate, they note that one of the primary considerations for us in selecting this particular block was that they would have views to the surrounding area (which they believe is quite important).

Advising that had they been aware of the proposed sign details and location BEFORE now they would have considered an alternate orientation or location for the office attached to the workshop on our development.



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Assessment Comment: A review of the Assessment Criteria as listed in Schedule 1 of SEPP 64 Advertising & Signage indicates that the sign is acceptable and complements the desired character of the Industrial Park. It is acknowledged that there will be some minor loss of view to and from the office portion of the development but it is considered that this is not sufficient to warrant refusal of the application.

Submission Comment: Advising that they also believe that the sign in its current design would be an obstacle for customers and clients to our business as it would partially obstruct to the view to our business from Back Yamma Road.

Assessment Comment: There would be minimal obstruction of view to the development from traffic travelling east on Back Yamma Road however it is considered that this is not sufficient to warrant refusal of the application.

Submission Comment: Confirming that they have no objection to a Directory Board being installed and suggesting that maybe another solution might be a smaller directional sign in the proposed location that directs people down Angus Clarke Drive to the locality plan for the Industrial Estate.

Assessment Comment: Noted.

Conclusion:

Council has received an application for an Industrial Park advertising sign. Council notified 3 surrounding neighbours and received 2 submissions (by the same person) objection to the sign raising concerns regarding the impact the sign would have on their industrial development in particular the views to and from the office portion of the development as well as impacts on the proposed business identification signs for the site. A review of State Environmental Planning Policy 64- Advertising & Signage concluded that the sign was in keeping with the aims of the policy and whilst concerns were raised as to the size of the sign confirmed that the sign would not be out of character with the larger scale industrial development targeted for the Industrial Park. It is concluded that whilst the sign may have a minor impact on the views to and from the office to the Industrial Park that it would be appropriate to approve the sign in its current location and form.

RECOMMENDATION That Council consent to Development Application 2017/24 for the construction of a sign subject to Council’s standard conditions and that the consent be limited to 15 years in accordance with the provisions of State Environment Planning Policy 64 – Advertising and Signage.



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Alignment with Strategic Plan L2.2: Comply with statutory obligations for development control, environmental health and animal control.


Policy Implications The subject development application is permissible under the Forbes Local Environmental Plan 2013 and meets the objectives and standards of the Forbes Development Control Plan 2013 and State Environmental Planning Policy 64 – Advertising and Signage.

Risk Considerations All possible risks have been assessed as part of the Development Assessment, and approval is recommended under the Environmental Planning and Assessment Act 1979.

Statutory/Regulatory Implications Assessment undertaken in accordance with the Environmental Planning and Assessment Act 1979.

Consultation conducted Notification letters sent to three surrounding landowners in accordance with Chapter 15 – Public Consultation of the Forbes Development Control Plan 2013.

Attachments State Environmental Planning Policy No. 64 – Advertising and Signage – refer Appendix 1 Applicable Development Control Plan Chapters – refer Appendix 2



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APPENDIX 1 – STATE ENVIRONMENTAL PLANNING POLICY NO 64 – ADVERTISING AND SIGNAGE

Clause Comment

3.1 1) This Policy aims: a. To ensure that signage (including advertising):

i. Is compatible with the desired amenity and visual character of an area, and

ii. Provides effective communication in suitable locations, and

iii. Is of high quality design and finish

i. The Central West Industrial Park is designed for larger industrial buildings on lots in excess of 1.8m. Industrial developments that have been or are under construction include a number of large metal framed sheds ranging in size from 1,500m2 to over 3,000m2.

The character of the area is for large industrial buildings on large lots . A number of the constructed/approved buildings range in height from 9 to 11 meters. Existing business identification signs at McClintock’s (5m high x 2m wide) and Hutcheson and Pearce are substantial.

This sets the amenity of large scale development.

The proposed sign at 6.38m high x 3m wide fits

in with the large scale character of the area. ii. The sign will provide effective

communication in that it will identify the businesses within the Industrial Park and is located on a corner position to the entry to the estate.

iii. The sign will be provided with a powder

coated finish in keeping with the industrial development in the Industrial Park.

8 Granting of consent to signage A consent authority must not grant development

consent to an application to display signage unless the consent authority is satisfied:

a) that the signage is consistent with the objectives of this Policy as set out in clause 3 (1)(a), and

b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.

a) The proposed sign is consistent with the objectives as set out in clause 3 (1)(a)

b) A review of schedule 1 has been

undertaken and it has been found that the proposal meets the assessment criteria.

13 1) A consent authority (other than in a case to which subclause (2) applies) must not grant consent to an application to display an advertisement to which this Policy applies unless the advertisement or the advertising structure, as the case requires:

a) Is consistent with the objectives of this policy as set out in clause 3 (1)(a), and

b) Has been assessed by the consent authority in accordance with the assessment criteria in Schedule 1 and the consent authority is satisfied that the proposal is acceptable in terms of its impacts; and

c) Satisfies any other relevant requirements of this Policy.

a) The proposed sign is consistent with the objectives as set out in clause 3 (1)(a)

b) A review of schedule 1 has been

undertaken and it has been found that the proposal meets the assessment criteria.

c) The proposal meets the other relevant

requirements of the policy

14 1) A consent granted under this Part ceases to be in force:

a) On the expiration of 15 years after the date on which the consent becomes effective and operates in accordance with section 83 of the Act, or condition of approval

a) Consent would be limited for a maximum of 15 years.



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Clause Comment

20 1) The name or logo of the person who owns or leases an advertisement or advertising structure may appear only within the advertising display area.

2) If the advertising display area has no border or surrounds, any such name or logo is to be located:

a) Within the advertisement; or b) Within a strip below the advertisement that

extends for the full width of the advertisement 3) The area of any such name or logo must not be

greater than 0.25 square metres. 4) The area of any such strip is to be included in

calculating the size of the advertising display area.

Council logo will be less than 0.25m2 and located within the advertising area.

23 1) The consent authority may grant consent to the display of a freestanding advertisement only if the advertising structure on which the advertisement is displayed does not protrude above the dominant skyline, including any buildings, structures or tree canopies, when viewed from ground level within a visual catchment of 1 kilometre.

The Industrial Park is designed to accommodate large industrial buildings. Buildings in the Industrial Park under construction or completed vary from 9m to 11 m in height which is well above the height of the sign at 6.3m.

SCHEDULE 1 ASSESSMENT CRITERIA – STATE ENVIRONMENTAL PLANNING POLICY NO 64 – ADVERTISING AND SIGNAGE

Assessment Criteria Comment

1 Character of the area

Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

The area has been designed as an Industrial Park for larger scale industrial development. Current developments vary in size from 1,500m2 to 3,000+m2. Existing signage at McClintock’s is 5m x2m with a similar sized sign at Hutcheson & Pearce. Given the larger scale development targeted for the area the proposed Industrial Park identification sign would be compatible with the existing and desired future character of the area.

Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

The proposed sign is compatible with the large scale industrial development which currently exists and which will be further developed in the Industrial Park.

2 Special areas

Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

The land in the vicinity of the sign is either rural or industrial. There are no environmentally sensitive, heritage listed or areas of natural or other conservation in the vicinity of the proposed sign. The proposed sign does not detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas.

3 Views and vistas



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Does the proposal obscure or compromise important views? Council has received a submission raising concerns that the sign will be directly in line of sight from the office which is on the northern end of their development and will block the views to the surrounding area. The splayed boundary to the corner of Back Yamma Road and Angus Clark Drive is 30.8m in length. The proposed sign is located 1.1m from the southern corner of the splay. There will be some obscuring of the building and office when viewed from Back Yamma road however the building fronts to Back Yamma Road with the main vehicular access from Back Yamma Road. It is considered that the loss of view from the office to the Industrial Park or loss of view of the office from Back Yamma Road is not to the extent to warrant the refusal of the proposed sign.

Does the proposal dominate the skyline and reduce the quality of vistas?

The 2 industrial buildings to the corner of Back Yamma Road and Angus Clarke Drive will be 9m in height exceeding the height of the proposed sign by approximately 3m. Other buildings currently constructed in the Industrial Park are up to 11m high. It is therefore considered that the sign would not dominate the skyline and reduce the quality of vistas.

Does the proposal respect the viewing rights of other advertisers?

The sign has been positioned to ensure that the Forbes Engineering business identification sign to the splayd corner is not obscured. There is approximately 9.5m between the 2 signs. The 5m x 5m attached wall sign to the Back Yamma Road elevation will not be obscured.

4 Streetscape, setting or landscape

Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

The area has been designed as an Industrial Park for larger scale industrial development. Current developments vary in size from 1,500m2 to 3,000+m2. Existing signage at McClintock’s is 5m x2m with a similar sized sign at Hutcheson & Pearce. Given the larger scale development targeted for the area the proposed Industrial Park advertising sign would be compatible with the existing and desired future character of the area.

Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

The sign provides a list of businesses that will operate in the Industrial Park.

Does the proposal reduce clutter by rationalising and simplifying existing advertising?

There is no existing advertising.

Does the proposal screen unsightliness? The sign is not proposed to screen unsightliness.

Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

No. The buildings to the corners of Back Yamma Road & Angus Clark Drive have a ridge height of 9m being approximately 2.6m above the height of the sign.

Does the proposal require ongoing vegetation management?

Slashing of the road reserve will be required in accordance with Councils maintenance program,



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5 Site and building

Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

The proposed sign is proposed in the road reserve. No other buildings are proposed in the road reserve. The proposed sign is compatible with the scale of surrounding industrial development.

Does the proposal respect important features of the site or building, or both?

The site is located in the road reserve with no other buildings in the vicinity. The adjoining neighbour has concerns that the sign will block views to and from the office portion of their development. The sign does not impact on the front elevation or proposed signage of the neighbouring building.

Does the proposal show innovation and imagination in its relationship to the site or building, or both?

The sign is considered appropriate for the Industrial Park.

6 Associated devices and logos with advertisements and advertising structures

Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

The Forbes Shire Council logo is incorporated into the sign indicating Councils initiative in establishing and promoting the Industrial Park.

7 Illumination

Would illumination result in unacceptable glare? The sign will not be illuminated.

Would illumination affect safety for pedestrians, vehicles or aircraft?

The sign will not be illuminated.

Would illumination detract from the amenity of any residence or other form of accommodation?


Can the intensity of the illumination be adjusted, if necessary?


Is the illumination subject to a curfew? The sign will not be illuminated.

8 Safety

Would the proposal reduce the safety for any public road?

No. The sign has been designed and reviewed by Forbes Councils Engineering Department taking into account road safety.

Would the proposal reduce the safety for pedestrians or bicyclists?

No. The sign has been designed and reviewed by Forbes Councils Engineering Department taking into account road safety. There is expected to be minimal pedestrian and bicycle movement in the area.

Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

No. The sign has been designed and reviewed by Forbes Councils Engineering Department taking into account road safety. There is expected to be minimal pedestrian activity in the area. There are no facilities that would attract children to the site.



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APPENDIX 2 – APPLICABLE DCP CHAPTERS

Chapter 11 – Industrial Development Objectives:

a) Ensure that industrial developments do not have an adverse impact on surrounding land use or the environment.

b) To ensure that industrial developments contribute to and enhances the visual and landscape character of the Forbes Shire.

c) To ensure good access, circulation and loading facilities on sites and adequate services and the disposal of waste.

Clause 11.4 Change of Occupancy/Tenancy Objectives:

To permit minor and incidental change of occupancies to occur without the need to lodge a development application.

Standard Assessment Comment

1. The change of use of retail and office and industrial premises is

controlled by State Environmental Planning Policy (Exempt and

Complying Development Codes) 2008. All other changes in

the use of premises requires lodgement of a Development

Application.

N/A

2. Any necessary internal alterations to accommodate the new

use shall require separate construction certificate detailing

compliance with the BCA.

N/A

3. Any changes to external advertising/signage will require

separate development approval

N/A

4. Disabled access will be required to be incorporated in any re-

modelling of business fronts or access reconfigurations.

N/A

Clause 11.5 Dwellings on Industrial Land Objectives:

To restrict dwellings upon industrial allotments to those legitimately needed in conjunction with the industrial use conducted upon the land.

To manage. where possible, the natural conflicts between residential and industrial use of land.


1. The construction of new dwellings upon vacant land upon light

industrial land will be considered on the merits of the

development proposal. Any development application will need

to provide sufficient justification on the basis of existing and

likely future use of the land and surrounding properties.

N/A



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2. Upon general industrial land dwelling-houses will be permitted

on industrial land only where it meets the following

development standards

Only one dwelling or care takers cottage is permitted

per allotment

Dual occupancy development is not permitted on

industrial land

The dwelling is subsidiary to the industrial use of the

land

The dwelling does not have a floor area greater than

90m²

The dwelling is constructed over the rear 30% of the

allotment.

N/A

3. Alterations and additions are permitted to an existing dwelling

located upon industrial land to a maximum floor area of 90m2.

N/A

Clause 11.6 Building Line Objectives:

To maintain a consistency in the streetscape and promote the urban amenity. To encourage industrial developments presentation to the street.


1. Generally the building line is 6 metres for light industrial

development and 15 metres for general and heavy industrial

development, however the siting of buildings is to be

harmonious with the existing streetscape, adjoining

developments and the immediately surrounding area.

N/A The sign is proposed within the road reserve.

2. The area in front of the building shall be suitably landscaped; N/A

3. All waste and storage areas are to be located behind the

building line and obscured from view.

N/A

Clause 11.7 Site Coverage and Floor Space Ratio Objectives:

To restrict the overdevelopment of land within the industrial area. To ensure satisfactory provision of all necessary facilities in conjunction with industrial

development are contained within the development site.


1. The floor space ratio shall not exceed 1:1 with a maximum site

coverage of 50%.

N/A

Clause 11.8 Advertising in Industrial Areas Objectives:

To prevent the proliferation of signage throughout the industrial areas of Forbes while enabling business identification and display.



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1. The advertising sign must be located upon the land where the

activity is carried out.

The sign is promoting a number of businesses operating within the Central West Industrial Park and is proposed to be constructed within the road reserve.

2. Advertising should be integrated with building design,

landscaping and general site operation.

N/A as the sign is the only structure within the road reserve.

3. One pole, pylon or post mounted sign is permitted per site Only 1 sign is proposed in this area

4. The advertising area must not exceed 4m2 N/A Clause 11.13.9 provides specific requirements for signage in the Central West Industrial Park.

This clause relates to signage for an individual business. A sign detailing the businesses located within the Industrial Park should therefore not be restricted to these parameters.

5. The maximum height of the entire advertising structure is 4

metres.

N/A Clause 11.13.9 provides specific requirements for signage in the Central West Industrial Park.

This clause relates to signage for an individual business. A sign detailing the businesses located within the Industrial Park should therefore not be restricted to these parameters.

6. Signs for each unit in a multiple occupancy development

should be of uniform size and design

N/A

7. The following signs are prohibited:

a) Advertising affixed to trees, light poles or other

structure not for the purposes of advertising structure

b) Signs mounted above the awning or verandah of a

building.

c) Bunting

d) Painted buildings to reflect corporate colours

e) Flashing or externally illuminated signs

N/A

Clause 11.9 Storage Areas Objectives:

To minimise the visual impact of storage areas associated with industrial developments.

To promote the urban amenity within industrial areas.


1. Any open storage areas must be screened from view of

roadways.

N/A

2. A minimum gravel seal shall be provided over the storage area

to prevent surface damage, erosion etc.

N/A

Clause 11.10 Car Parking Objectives:

To ensure adequate car parking is provided to satisfy the needs of development contained within the development site.



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1. Council will require developers to provide on-site car parking at

the rate set out in the following table. For any particular type or

category of development not covered, the rate applied shall be

based upon a merit in accordance with the requirements of the

Roads and Traffic Authority’s – Guide to Traffic Generating

Development, V2.2 , October 2002.

N/A

2. The design and layout of car parking areas shall be in

accordance with the relevant Australian Standards summarised

in the following diagrams.

N/A

3. Access into and egress from the site shall be provided in a

forward direction.

N/A

4. Traffic surfaces are to be paved with concrete, bitumen, paving

stones or other material approved by Council on a solid

foundation.

N/A

5. Drainage of paved surfaces is to be provided to the satisfaction

of Council.

N/A

6. Parking areas are to be segregated from non-traffic areas by

kerbs, logs, bollards or barriers. Parking spaces are to be

defined by painted lines or other similar approved means.

N/A

Land and Building Use Rate of Car Parking

Industries 1 space per 2 employees

Warehouse 1 space per 90 m2 gross floor area

Motor Vehicle Repair Workshops 1 space per 55m2 gross floor area

Motor Vehicle Showrooms 1 space per 35 gross floor area plus 1 space per 160m2 of outdoor

display area

Service Stations Minimum of 10 spaces

Car tyre retail outlet 3 spaces per work bay


7. In cases of developments where, in the opinion of the Council,

the provision of off-street car parking is not physically possible,

Council will give consideration to the acceptance of a cash

contribution in accordance with the current Contributions Plan

in force at the time.

N/A

8. The contribution collected shall be used in the maintenance

and construction of public car parking and upgrading and

maintenance of on-street parking facilities.

N/A

9. A separate loading/unloading bay shall be provided in a

location separate from the car parking area, in an accessible

location having regard to the likely delivery needs of the

development.

N/A

Clause 11.11 Landscaping Objectives:

To provide adequate areas for site landscaping in order to soften the potential impacts (in particular visual impact) of industrial development.



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To ensure Council has adequate information to consider and assess proposed landscaping to be provided in conjunction with development applications.

To provide a reference plan for the installation and implementation of landscaped areas.

To encourage the use of native vegetation for its tolerance to the climate of Forbes including hot, dry summers and cold, frosty winters.

To retain where possible all existing native vegetation.


1. All development applications for new industrial developments

are to be accompanied by a Landscape Plan.

N/A

2. Council will hold a “landscape bond” to be provided by the

developer for the provision, and maintenance of landscaping.

The “landscape bond” is to be in the form of Cash, a Bank

Guarantee or Bank Cheque. To be made in the favour of

Forbes Shire Council, to the value of $2,000 or 5% of the

estimated cost of the entire development, whichever is lesser

amount. The landscape bond will be applied as a condition of

development consent, to be released, upon request, a

minimum 12 months after the issue of an “Occupation

Certificate”.

N/A

3. Industrial developments upon vacant land shall provide a

minimum 10% of the site for landscaping.

N/A

4. All landscaped areas are to use predominantly native

vegetation. A minimum 80% of landscaping shall utilise native

vegetation. A list of recommended plant species are identified

in Appendix 2. These plant species have been shown to be

suited to the climate of the Central West many are native to the

Forbes district.

N/A

5. Landscaping proposed in Saline areas shall use a minimum

80% Salt tolerant and water wise plant species. Recommended

plant species for such situations are identified in Appendix 3.

N/A

6. All existing native vegetation is to be retained and where

possible enhanced with additional plantings and landscaping.

N/A

7. Existing street trees shall be maintained and replicated. The

spacing of such trees shall be a minimum of 1.5 times the

mature canopy of the proposed tree and a maximum 2 times

the mature tree canopy.

N/A

Clause 11.12 Materials Objectives:

To maintain a consistency in the streetscape. To protect the heritage qualities of the building and/or immediate area.


1. New development shall be compatible with the character of an

existing building and that of immediately surrounding

properties;

The sign will be powdercoated metal and in keeping with the powdercoated metal industrial buildings within the Central West Industrial Park.

2. Where there is no prevailing character, new development shall

respect the qualities of surrounding properties in integrating

new development within the industrial area.

The sign will be powdercoated metal and in keeping with the powdercoated metal industrial buildings within the Central West Industrial Park.



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3. Highly reflective material, cladding or finishes, such as

Zincalume, are not permitted as a wall cladding.

N/A

Clause 11.13 Forbes Midstate Industrial Park Objectives:

To establish a “Masterplan” to guide the development of the “Forbes Mid-State Industrial Park”;

To facilitate and control the industrial development of the site to cater for large industrial developments not suitably located within existing industrial areas located closer to the Forbes Town Centre;

To encourage and promote the orderly and economic development of the site; To achieve a high quality integrated development having regard to its visual

prominence and environmental sensitivity; To provide for a variety of industrial allotments to serve the demands for the industrial

and economic growth of Forbes; and To ensure the provision of appropriate on-site servicing requirements in an

environmentally acceptable manner. Clause 11.13.1 Allotments and Land Use Objectives:

To ensure that each allotment has an appropriate minimum area in regard to environmental and industrial needs.

To provide a variety of allotment sizes in an endeavour to meet the demands of potential developments.

To ensure allotments are economically viable and developable having regard to specific site and servicing needs.

To minimise land use conflict.


1. The subdivision of the subject site for industrial purposes shall

be generally in accordance with the Forbes Midstate Industrial

Park Masterplan below. Alternative allotment configurations

have been identified to cater for varying market requirements.

N/A

2. The creation of allotments of less than 1.8 hectares in area will

not be permitted. Regularly shaped allotments shall be

provided with a road frontage of not less than 75 metres.

N/A

3. Applications for the further subdivision of allotments identified

on the Forbes Mid-State Industrial Park Masterplan shall

demonstrate that the proposed industrial development cannot

be suitably located within the traditional industrial area located

adjacent to the Forbes urban area and that each allotment to

be created can cater for the traffic and on-site servicing needs

for the intended development.

N/A

4. Developments which occupy more than one allotment shall

cause the consolidation of all immediately adjoining allotments

prior to the commencement of operation.

N/A

Clause 11.13.2 Setbacks Objectives:

To provide a visual buffer to the development when viewed from surrounding rural areas and the Newell Highway.

To provide adequate areas for site landscaping.



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To ensure internal separation to minimise potential impacts between adjoining developments.


1. A 30 metre set back shall be provided to the Newell Highway. N/A

2. A minimum set back of 10 metres shall be provided to all other

roads.

The sign is located within the road reserve.

3. A minimum side set back of 7.5 metres shall be provided to all

buildings and trafficable areas.

The sign is set back approximatly 10m from the bitumen seal to Angus Clarke Drive.

4. Front setback areas shall be used for landscaping and car

parking purposes. No industrial activities or open storage shall

occur within the front setback.

N/A

Clause 11.13.3 Traffic Management

Objectives: To provide a road layout for the Forbes Mid-State Industrial Park suitable to it’s likely

future needs. To reduce the impact of development upon the Newell Highway. To encourage circular traffic movement to ease access needs particularly for heavy

vehicles.


1. The Newell Highway is an access denied road and no direct

vehicular access shall be permitted to internal allotments.

N/A

2. All internal roads shall be provided with a minimum road

reserve of 30 metres. A minimum pavement width of 15 metres

is to be provided serviced by grassed table drains rather than

kerb and gutter.

N/A

3. All traffic servicing needs for individual developments shall be

accommodated on site.

N/A

Clause 11.13.4 Car Parking, Access, Loading and Unloading

Objectives: To ensure adequate car parking is provided on-site for clients and employees. To ensure the smooth flow of traffic in and around the Forbes Midstate Industrial Park. To ensure access parking and loading facilities are integrated into the development to

service individual needs.


1. All access, parking and loading areas are to be designed in

accordance with the Forbes Shire Council Car Parking Code,

the Roads and Traffic Authority’s Guide to Traffic Generating

Development, V2.2 , October 2002 and Australian Standards

AS2890 –Parking Facilities and AS2890.1-1993 - Off Street

Car Parking, or as amended.

N/A

2. Individual site accesses provided from Back Yamma Road are

restricted to a maximum of two (2) separate driveways capable

of accommodating B -Double vehicles.

N/A

3. All trafficable areas are to be screened by landscaped buffers a

minimum of 2 metres wide.

N/A



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4. All developments are to be provided with car parking, loading

and unloading facilities within the curtilage of the site.

N/A

Clause 11.13.5 Urban Design Objectives:

To encourage a high standard of architectural design utilising high quality materials and finishes.

To ensure development has regard to its rural location.


1. Development should avoid large blank wall surfaces.

Substantial elevations should be articulated either by structural

variation of external finishes.

N/A

2. Prominent elevations, such as street frontages should be

treated with suitable architectural features.

N/A

3. Attention should be given to energy efficiency principles in

building design.

N/A

Clause 11.13.6 Drainage, Soil Erosion and Control Objectives:

To ensure the provision of on-site surface and storm water drainage control. To ensure site drainage does not impact upon adjoining properties. To ensure that development does not cause land degradation through erosion and

sedimentation.


1. All surface and storm water shall be catered for on-site. Pre

development flow volumes will be accepted into the drainage

reserves.

N/A

2. The Developer shall design and construct necessary surface

drainage works to be provided in the form of “drainage

reserves” to be dedicated to Council upon creation of the

relevant allotments.

N/A

3. An on-site drainage and storm water control system shall be

designed by a suitably qualified engineer and constructed to

cater for the drainage requirements of each individual

development.

N/A

4. The maintenance of on-site servicing works will be the

responsibility of the land owner and will be included as a

“Section 88B Restriction” upon the title of the property”.

N/A

5. All roof water is to be collected and recycled for use where

possible in the resultant industrial development.

N/A

6. Suitable erosion and sediment control measures shall be

implemented during all construction works.

N/A

Note: Reference to “Section 88B restriction” refers to Section 88B of the Conveyancing Act, 1919 (as amended). Clause 11.13.7 Site Servicing



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DIRECTOR ENVIRONMENTAL SERVICES AND PLANNING REPORT TO COUNCIL cont’d Objectives:

To promote the orderly and economic provision of services. To coordinate the provision of services with the relevant Service Authority. To minimise the burden upon Council’s and Service Authority resources. To ensure the provision of suitable on-site drainage and storm water management

systems.


1. The developer will be responsible for the upgrading of existing

and the provision of new roads to service the industrial estate.

N/A

2. Ultimately, water is to be supplied via the Council reticulated

water supply system. On-site water supplies may be required

to be provided by the individual developer in the interim for

onsite use and firefighting purposes.

N/A

3. The Developer or relevant Service Authority (at the cost of the

developer) will provide electricity and telecommunication

services. Appropriate easements have been identified upon the

DCP Masterplan and will be created upon the relevant property

titles in accordance with the standard procedures and

requirements of the service provider.

N/A

4. The provision of all other services including the extension of

services within individual allotments will be the responsibility of

developers and owners.

N/A

5. An aerated on-site effluent disposal systems is required to be

provided for all developments.

N/A

6. Effluent, Drainage and Storm water control shall be provided

within the confines of individual allotments.

N/A

7. Open storage and waste collection areas are to be suitably

sited and screened to avoid view from public areas and

prominent rural views.

N/A

8. Developers are to consider waste recycling options in the

preparation of development applications for their intended

development. The requirements and details of any necessary

“Industrial Waste” requirements shall be provided to Council

with the development application.

N/A

Clause 11.13.8 Landscaping Objectives:

To enhance the visual appearance of individual developments and the industrial estate generally.

To screen undesirable views and reduce the visual impact of the development having regard to its rural setting.

To provide functional areas of planting that enhance the visual appearance of development.

To assist in addressing salinity upon the subject site.



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1. An easement shall be created upon all allotments adjoining the

Newell Highway to provide for a 30m landscaping buffer area.

This buffer area is to be suitably landscaped by the developer.

The maintenance of this landscaped buffer area will be the

responsibility of the land owner and will be included as a

“Section 88B Restriction” upon the title of the property”.

N/A

2. A landscape plan shall be submitted and approved by Council

with all development applications.

N/A The sign is located within the road reserve which will be maintained by Council in a similar manner to the road reserve within the Industrial Park.

3. All front and side set back areas shall be landscaped to

Council’s satisfaction.

N/A The sign is located within the road reserve which will be maintained by Council in a similar manner to the road reserve within the Industrial Park.

4. All security fencing shall be located behind the front landscape

setback. Species selection for planting within this area shall

have regard to site security.

N/A

5. Landscaping is to include predominantly native vegetation. A

minimum 80% are to be salt tolerant and water-wise vegetation

species.

N/A

Clause 11.13.9 Advertising Objectives:

To ensure signage is integrated into the design of all buildings. To prevent distraction to motorists and potential for traffic conflicts.


1. An estate identification sign will be displayed at the intersection

of the Newell Highway and Back Yamma Road. An appropriate

easement shall be created upon this particular parcel of land to

enable Forbes Shire Council care and control of this land.

Development Consent has been granted for an estate identification sign located at the intersection of the Newell Hwy and Back Yamma Road. The proposed sign is in addition to the approved Central West Industrial Park identification sign.

2. Signage orientated toward the Newell Highway shall be

prohibited. Signage erected upon allotments having dual

frontage to the Newell Highway will only be permitted if it is

attached or painted directly onto the building.

N/A

3. One (1) business identification sign a maximum 2m x 1m shall

be displayed within the front building setback area.

This clause relates to signage associated with a business and is not intended for an Industrial Park advertising sign identifying to the public the businesses located within the Industrial Park.

4. A maximum of three (3) signs per development will be

permitted, only one of which is to be visible when the

development is viewed from any point external to the site.

N/A

Clause 11.13.10 On-Site Living Objectives:

To restrict residential living opportunities in the industrial area


1. Residential development will not be supported by Council in

this industrial area.

N/A



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2. Residential living opportunities will only be permitted as single

caretakers/security quarters where it can be demonstrated it is

a vital component of the development and it does not interfere

with the industrial development of the estate. Such quarters

shall be integrated into the design of the industrial

development.

N/A

3. A maximum of 90 square metres of Gross Floor Area shall be

permitted for residential purposes.

N/A



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4.3 SCORES ON DOORS

Report Author: Graduate Building Surveyor Responsible Officer: Director Environmental Services & Planning

Executive Summary This report provides Council with an update on the Scores on Doors food safety program.

Detailed Report This year Council continued to build on its Scores on Doors Program. This program rewards the proprietors of food premises that have demonstrated outstanding food handling skills and operate their food premises at an extremely high level by providing them with a certificate indicating that the premises has achieved 5, 4 or 3 stars. This certificate can be displayed on the premises door. Council recently undertook inspections of 57 food premises within the shire as part of Council’s Food Safety Program. This year 30 premises were awarded 5 stars in the Scores on Doors program an increase from the 19 awarded last year. Council also awarded 12, 4 stars and 3, 3 stars for food premises which had a very high and high level of compliance. It was pleasing to see that food premises within Forbes continue to maintain a high standard of food handling and to acknowledge their achievements the proprietors of the food premises awarded 5 stars have been invited to receive their certificates at the June Council Meeting.

RECOMMENDATION That Council congratulate the recipients of the Scores on Doors certificates.


Financial and Resource Implications The Scores on Doors program is identified in Council’s budget.

Policy Implications Links with the initiatives of the NSW Food Authority.

Risk Considerations Reduces the risk of food borne illness to Forbes residents and visitors.

Statutory/Regulatory Implications Assists in compliance with the Food Act 2003.

Consultation conducted Council has consulted with the NSW Food Authority in introducing the Scores on Doors program.

Attachments Nil.



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4.4 PLANNING PROPOSAL FOR THE RECLASSIFICATION OF PARKS

FROM COMMUNITY TO OPERATIONAL LAND

Report Author: Town Planner Responsible Officer: Director Environmental Services and Planning

Executive Summary A Planning Proposal has been prepared to amend the Forbes Local Environmental Plan 2013 to reclassify the land status of Sister Gardenia Park, Carrington Gardens, Reymond Street Park and Clematis Street Park from ‘Community Land’ to ‘Operational Land’ within Schedule 4 of the Forbes Local Environmental Plan 2013. This report recommends that Council adopt the Planning Proposal and direct the General Manager to send the Planning Proposal to the Department of Planning for Gateway Determination and place on public exhibition, after receiving the Gateway Determination from the Department of Planning

Detailed Report Council resolved at its December 2012 meeting to investigate and identify any parks that should be reclassified from Community to Operational Land. Council initially identified seven (7) parks to be reclassified from Community to Operational land, following community consultation between May to December 2015, the parks were reduced to five (5) parks to be reclassified. Further community consultation was required for Reymond and Clematis Street Park which concluded at the end of April 2017. Following further investigations into Mabel Green Park this park was excluded as it was not owned by Council. The final four parks to be reclassified following the review, investigation and consultation process that have occurred is provided below:

Lot 13 DP 35998, Patterson Street known as “Sister Gardenia Park”,

Lot 11 DP 702906, Weelong Place known as “Carrington Gardens”,

Lot 12 DP 841467, College Road known as “Reymond Street Park”, and

Lot 29 DP 247738 and Lot 42 DP 248480, 6 Clematis Street known as “Clematis Street Park”.

The parks were chosen based on the parks proximity to other parks/open spaces, current infrastructure located in each park and potential for redevelopment. Council resolved to prepare a Planning Proposal for the reclassification of the four parks above at its meeting in April 2017. In response to the above resolution a Planning Proposal for the reclassification of the four parks has since been prepared and forms an attachment to this report. The Planning Proposal is consistent with the Guide to Preparing Planning Proposals, the Forbes Growth Management Study 2008, the Draft Central West and Orana Regional Plan, the Forbes Local Environmental Plan 2013 and other relevant planning policies. Discussions with the Department of Planning (the Department) branch in Dubbo have provided advice that all proposals to amend the LEP (except for changes of a minor nature such as to correct a spelling mistake) will require a Planning Proposal to be submitted to the Department for Gateway Determination.



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DIRECTOR ENVIRONMENTAL SERVICES AND PLANNING REPORT TO COUNCIL cont’d The process for Amendment to the Local Environmental Plan (LEP) is as follows: i). Council resolve to undertake an amendment to the FLEP 2013 - 16 March 2017. ii). Council adopts the Planning Proposal for Gateway Determination with the Department of

Planning - 15 June 2017. iii). Planning Proposal assessed for Gateway Determination by the Department under Delegation

at the Dubbo branch - 16 July 2017 (generally one month from the date of submission) iv). Proposal will be required to be publically exhibited for 28 days v). Submissions received on the Planning Proposal must be presented to Council for

consideration. vi). Proposal to go to Parliamentary Council for review. vii). Plan making undertaken by the Department. viii). Council to adopt the final plan and direct General Manager to make the plan in accordance

with the Section 59 Report. ix). Amendment is gazetted and adopted into the LEP.

RECOMMENDATION That Council: 1. adopt the Planning Proposal for the reclassification of the land status of the four parks

and direct the General Manager to send the Planning Proposal to the Department of Planning for Gateway Determination,

2. grant delegation to the General Manager to negotiate with the Department of Planning

any amendments that are broadly consistent with the Planning Proposal, and 3. post public exhibition that Council recommend sending the submissions received to

the Department of Planning.

Alignment with Strategic Plan 22.2: Ensure public places are clean and well maintained. 22.2.2 – finalise review of parks and open spaces.

Financial and Resource Implications The disposal of the four parks will ensure further parks resources will be deployed more effectively.

Policy Implications The Planning Proposal will amend the Forbes Local Environmental Plan 2013 schedule 4 to reflect the reclassification of the land status of the four parks from Community to Operational Land.


Statutory/Regulatory Implications Requires changes to legislation, being the Forbes Local Environmental Plan 2013.

Consultation conducted Intensive consultation will need to be undertaken in accordance with the procedures to vary a Local Environmental Plan.

Attachments Planning Proposal for the reclassification of parks from Community to Operational Land – refer Appendix 1



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APPENDIX 1 – PLANNING PROPOSAL: RECLASSIFICATION OF PARKS FROM COMMUNITY LAND TO OPERATIONAL LAND



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4.5 DEVELOPMENT APPLICATION 2017/0012 – M SAMIA, LOT 1 DP

314836 3 LITTLE QUEEN STREET, FORBES

Report Author: Manager Development & Compliance Responsible Officer: Director Environmental Services & Planning

Executive Summary The purpose of this report is to provide Council with an assessment of an application for development, including consideration of plans and supporting documentation in accordance with the relevant matters as outlined under the Environmental Planning and Assessment Act, 1979 (as amended) and the Environmental Planning Assessment Regulations 2000. The following development application is placed before Council for determination: Application No: DA 2017/0012

Applicant: M Samia

Owner: M Samia

Property: Lot 1 DP 314836, 3 Little Queen Street, Forbes

Development: Subdivision of Land 2 Stages 1x Torrens Title lot and 5

Community Title lots (including access lot)

Land Use Zone: R1 General Residential (minimum lot size = 550m2 Torrens

Title) & (minimum lot size = 250m2 Community Title)

Detailed Report Background: Council is in receipt of a development application for the staged subdivision of land, stage 1 under the provisions of Torrens title to excise the existing dwelling and stage 2 to create 5 Community title lots (including the access lot) at the abovementioned premises. The application proposes to create the torrens title lot of 577m2 and 4 various sized community title lots between 384m2 to 407m2 for housing and an access lot. The size of the existing lot is 2,430m2. The lots to be created will be various sizes as noted, however, are above the minimum lot size for torrens title lots in the R1 zone of 550m2 and 250m2 for community title, being the accepted minimum lot size as noted in the DCP. Following the receipt of the application, Council notified to fifteen adjoining landowners in accordance with the Forbes Development Control Plan, 2013. Following the notification period Council received 7 submissions raising concerns in relation to the proposal. These matters were about the potential impacts the development will place on the surrounding road, drainage systems and neighbours. The specific issues raised are: 1. Traffic Generation 2. On street Car parking from visitors 3. Width of the lane to support the development 4. Stormwater Drainage in the Lane 5. Density of the proposed allotments



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DIRECTOR ENVIRONMENTAL SERVICES & PLANNING REPORT cont’d 6. Noise Generation 7. Bin Location/Storage on Street The first three matters for the purposes of the submissions have been grouped together as traffic issues. A detailed assessment of the submissions and the issue they raise is provided later in the report. Please note the following pages containing the below information associated with the development: 1. Aerial Photograph of Lot 1 DP 314836 – 3 Little Queen Street, Forbes 2. Proposed Subdivision Plan 3. Site photographs



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DIRECTOR ENVIRONMENTAL SERVICES & PLANNING REPORT cont’d

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Statutory Considerations S79(1)(a)(i) Is the Proposed Development Permissible within the Zone The subject land is zoned R1 General Residential in accordance with the Forbes Local Environmental Plan, 2013. Land subdivision (both Torrens Title and Community Title) is permitted with the consent of Council within this zone. In accordance with the LEP the minimum lot size is 550m2, for Torren’s title lots. There is no minimum lot size for Community title subdivisions for residential development listed in the LEP, therefore, the DCP controls prevail which requires a minimum lot size of 250m2. All proposed lots are to be created in excess of these scheduled sizes.

S79(C)(1)(a)(i) Any Environmental Planning Instrument

A review of the State Environmental Planning Policies has been undertaken and it is considered that the subdivision would be consistent with these Policies.

SEPP 55 – Remediation of Land: it is considered that no past polluting uses have been undertaken

on the land and accordingly is satisfactory for residential intensification.

As noted above, subdivision of land is permitted with the consent of council under the Forbes LEP,

2013. Further, the lots proposed to be created are greater than the minimum lot size as scheduled

in the LEP and DCP.

S79(1)(a)(ii) Draft Environmental Planning Instruments No Draft Environmental Planning Instruments Apply to this Development. S79(1)(a)(iii) Development Control Plan The Forbes Development Control Plan, 2013 applies to the site. One chapter is applicable for assessing this DA, this being Chapter 3 Subdivision. The development generally complies with or can readily comply with the DCP controls via the application of some conditions of consent. A detailed review of the scheduled controls of the applicable chapters is attached at the end of this report. S79(1)(a)(iiia) Any Planning Agreement or Draft Planning Agreement under S93F. There are no Planning Agreements or draft Planning Agreements applying to the property. S79(1)(a)(iv) Any Matter Prescribed by the Regulations. Forming part of the matters prescribed by the regulations is that the existing dwelling would be required to be upgraded with appropriate fire safety protection ie hard wired smoke alarms. Council has a standard condition of consent to address this which will be placed on the consent. S79(1)(a)(v) Any Coastal Zone Management Plan. There are no Coastal Zone Management Plans applying to the site.



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DIRECTOR ENVIRONMENTAL SERVICES & PLANNING REPORT cont’d S79(1)(b) The Likely Impacts of the Development (including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposed development is considered to have some impacts (natural and built environments, social and economic) on the locality. However, through the application of a number of conditions of consent it is considered that these impacts can be managed to an effective level to support approving the application. These impacts include:

1. Loss of amenity. Given the density of the proposed community title lots it is likely that in the future when the dwellings are constructed that amenity impacts may occur between these lots created and the existing dwelling houses in the area. Condition to control: A vegetation buffer is to be created and installed to effectively screen the adjoining lots from the existing dwellings. The vegetation buffer shall be noted on the subdivision certificate plans.

2. Traffic Generation/Visitor Parking On Street The development is likely to increase vehicle movements in the area. Further to that visitors to the dwellings will require somewhere to park their vehicles. It is considered that on street parking will result in impact on the local road users given the likely increased traffic associated with the development. Associated with the increased movement on and off the site will require the access way to be constructed from a suitable material so as not to cause dust nuisance to the adjoining dwellings.

Condition to control: The development needs to provide a suitably constructed access way to service the rear lots. This access way is required to be constructed of a suitable material (being either bitumen, asphalt, concrete, interlocking pavers or other approved material) so as not to cause any dust nuisance to the surrounding residences. To address the visitor parking matter, it is proposed to require an onsite visitor car parking space (constructed of either bitumen, asphalt, concrete, interlocking pavers or other approved material) to be provided to each community title lot created in addition to the required single resident parking onsite. The car parking space would not have to be constructed as part of this application, however, its requirement to the specific standard would need to be noted on the certificate of title.

3. Accessible walkway/lighting The proposed community title lots will have their garbage bins stored on each individual lot. This will require the rear 3 lots to walk them down the access way for collection on Little Queen Street. It is considered that this poses a safety risk having pedestrians share the access way with cars especially at night in the winter when it is dark earlier. Condition to control: In addition to the proposed access way, Council requires a walk way be provided to allow pedestrian access on and off the site to allow garbage bins to be transported to the street for collection. Also suitable lighting will need to be provided along this pedestrian access for safety of users in the dark.



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4. Stormwater Drainage It is considered that the additional hardstand and roof areas associated with the development of the proposed lots will increase the stormwater exiting the site during storm events and have an impact on an existing failing stormwater system. Condition to control: A requirement for onsite stormwater detention will be placed on the application to suitably hold back stormwater onsite until the first flush of stormwater is thought the system in Little Queen Street. Further to this the developer will be responsible for constructing a concrete dish drain for the full frontage of their site. This will formalise the current flow path in the roadway and provide a system for the onsite detained water to be disposed into.

S79(1)(c) The Suitability of the Site For Development. The proposed subdivision is permissible with the consent of Council in the R1 land use zone. Further, the site and proposal is consistent with the minimum lot size requirements as set out in the LEP and DCP. It is considered that through the application of conditions of consent Council has the ability to address the impacts the development is likely to have on the surrounding residents. S79c(1)(d) – Submissions Council received seven submissions in respect of the application. A copy of these submissions are available under separate cover for the review of Councillors. A summary of concerns raised and an assessment comment on these concerns are provided below:

SUBMISSION 1:

Submission Comment: Concerns are raised in relation to the extra traffic generation/vehicle

movements and on street car parking in the locality due to the additional dwellings/visitors. Specifically, the ability of the existing road to accommodate the increase in vehicle movements and on street parking, given the reduced width of the existing travel lanes of Little Queen Street.

Assessment Comment: Noted, the additional lots once created and dwellings placed on them

will increase the traffic/vehicle movements in the area given that each lot will likely support at least 1 vehicle. However, it is considered that Little Queen Street can accommodate the increase in movements given its current width. With tight parking to the boundaries the street allows 2 cars to pass even with vehicles parked on the footway, however, the ability for pedestrians to move freely is diminished.

If a traffic danger exists at the intersection of Little Queen Street and Farrand Lane then a right turn only sign can be placed at the driveway of the access which would direct any exiting vehicle from the three rear lots to only legally turn right and limit the additional traffic associated with the development entering the intersection.

Given Little Queen Street is a public road other vehicles in the area can lawfully use the road, these non-resident road users may also contribute to the frustrations of the occupants in the street.



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DIRECTOR ENVIRONMENTAL SERVICES & PLANNING REPORT cont’d In regards to the on street parking during the site inspections it was observed that a number of vehicles currently park on street. The current impact of this is that it limits the ability of pedestrians to safely use the footway. The development may cause additional vehicles to park on street, however, it is proposed to require 1 visitor car parking space be provided (restriction on the use of the land) to each lot created to assist in managing this. These visitor spaces would be required to be constructed when the dwellings are built, however, in nominating the requirement on the title the future owners will be aware of it.

Submission Comment: There is an existing stormwater drainage issue at the intersection of

Little Queen Street and Farrand Lane where water lays without draining away. Additional dwellings and hardstand will exacerbate that.

Assessment Comment: Noted, unfortunately the existing drainage issues at the intersection of

Little Queen Street and Farrand Lane are not related to the proposed development. However, it is considered that hard stand areas (ie roofs and driveways) associated with the development will add to the surface water to be drained through this road system.

To address this issue a condition is proposed which will require onsite

detention of stormwater until the first flush of water in the street system has been conveyed away from the intersection. Further, as a requirement of the subdivision a concrete dish drain shall be required to the frontage of the site which will further assist in directing this stormwater away.

It is thought however, that Council may need to review the condition of

the street and road surface and also the stormwater drainage capabilities of the area to also address the residents concerns.

SUBMISSION 2:







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Given Little Queen Street is a public road other vehicles in the area can lawfully use the road, these non-resident road users may also contribute to the frustrations of the occupants in the street. In regards to the on street parking during the site inspections it was observed that a number of vehicles currently park on street. The current impact of this is that it limits the ability of pedestrians to safely use the footway. The development may cause additional vehicles to park on street, however, it is proposed to require 1 visitor car parking space be provided (restriction on the use of the land) to each lot created to assist in managing this. These visitor spaces would be required to be constructed when the dwellings are built, however, in nominating the requirement on the title the future owners will be aware of it.

SUBMISSION 3:

Submission Comment: The site is too small to accommodate the 4 additional lots along with

the existing dwelling. Assessment Comment: Noted, the size of the existing lot and the proposed subdivision is

consistent with the development controls of the LEP and DCP in relation to minimum lot sizes. This is the control which controls the density of residential development.

Further to this, a review of the surrounding locality has revealed that 5 other medium density developments, similar to the proposal exist within 125 metres of the subject site.

It is considered that should the likely impacts associated with the

development be managed via conditions of consent then it can be recommended to approval.

Submission Comment: There is an existing stormwater drainage issue at the intersection of





detention of stormwater until the first flush of water in the street system has been conveyed away from the intersection.



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Further, as a requirement of the subdivision a concrete dish drain shall be required to the frontage of the site which will further assist in directing this stormwater away.


the street and road surface and also the stormwater drainage capabilities of the area to also address the residents’ concerns.

Submission Comment: Concerns are raised in relation to the extra traffic generation/vehicle movements and on street car parking in the locality due to the additional dwellings/visitors. Specifically, the ability of the existing road to accommodate the increase in vehicle movements and on street parking, given the reduced width of the existing travel lanes of Little Queen Street.





SUBMISSION 4:


the existing dwelling Assessment Comment: Noted, the size of the existing lot and the proposed subdivision is




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Submission Comment: There is an existing stormwater drainage issue at the intersection of Little Queen Street and Farrand Lane where water lays without draining away. Additional dwellings and hardstand will exacerbate that.


Little Queen Street and Farrand Lane are not related to the proposed development.



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However, it is considered that hard stand areas (ie roofs and driveways) associated with the development will add to the surface water to be drained through this road system.





SUBMISSION 5:









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DIRECTOR ENVIRONMENTAL SERVICES & PLANNING REPORT cont’d Submission Comment: Increase noise and inconvenience caused by increased numbers of

dwellings Assessment Comment: Noted, Council is unable to control the potential noise impacts from

future dwellings at the subdivision stage. The process to control neighbourhood noise is via the Protection of the Environment Operations Act, should it be found that noise pollution is affecting surrounding residents. Control under this Act is available year round and does not require any specific condition of consent to be placed on the consent.

Submission Comment: There is an existing stormwater drainage issue at the intersection of Little Queen Street and Farrand Lane where water lays without draining away. Additional dwellings and hardstand will exacerbate that.







Submission Comment: Unsightly display of garbage bins left on the street by tenants of the

dwellings Assessment Comment: Noted, generally Council requires bins to be stored on each dwelling

site. As an alternative, clusters of unit development can sometimes include a common bin storage area near the street. Given no dedicated communal storage area is proposed in this application and it is unlikely that there would be room to provide same it is envisage that storage will be provided on each lot created. When Council receives applications for the dwellings the DCP requires the bin storage areas to be identified on plans for consideration.

To assist in further facilitating the bins conveyance to the street from

each lot and return, it is proposed to condition the requirement for a walkway to be added to the private access way.


the existing dwelling



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Assessment Comment: Noted, the size of the existing lot and the proposed subdivision is consistent with the development controls of the LEP and DCP in relation to minimum lot sizes. This is the control which controls the density of residential development.




SUBMISSION 6:









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DIRECTOR ENVIRONMENTAL SERVICES & PLANNING REPORT cont’d Submission Comment: There is an existing stormwater drainage issue at the intersection of








SUBMISSION 7:


the existing dwelling Assessment Comment: Noted, the size of the existing lot and the proposed subdivision is








will increase the traffic/vehicle movements in the area given that each lot will likely support at least 1 vehicle. However, it is considered that Little Queen Street can accommodate the increase in movements given its current width.



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With tight parking to the boundaries the street allows 2 cars to pass even with vehicles parked on the footway, however, the ability for pedestrians to move freely is diminished.



Submission Comment: Increase noise and inconvenience caused by increased numbers of

dwellings Assessment Comment: Noted, Council is unable to control the potential noise impacts from

future dwellings at the subdivision stage. The process to control neighbourhood noise is via the Protection of the Environment Operations Act, should it be found that noise pollution is affecting surrounding residents. Control under this Act is available year round and does not require any specific condition of consent to be placed on the consent.

S79c(1)(d) – The Public Interest.

It is considered that the proposed subdivision of land would not have an impact on the wider community. It does however, have the potential to exacerbate existing issues around the development site. The matters raised via the submissions are considered localised to the development area and can largely be managed through conditions of consent.

It is further considered that additional housing stocks would have a positive impact on the wider community.

Conclusion:

Council is in receipt of a development application for the subdivision of land into 5 lots (plus the access lot). Upon notifying the development to residents in the area Council received 7 submissions against the development. The proposal generally complies with Councils LEP and development controls for subdivisions, however, some impacts which need to be managed were identified.



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DIRECTOR ENVIRONMENTAL SERVICES & PLANNING REPORT cont’d Further, the submissions raised a number of planning based matters which also needed addressing. It is considered that through the imposition of conditions of consent that these issues can be managed to a suitable standard to allow the development to be recommended for approval. It would therefore be appropriate to grant consent for the subdivision subject to Councils standard conditions and specific conditions which address the impacts and issues as noted in the body of the report.

RECOMMENDATION That Council grant Development Consent to Application 2017/0012 for the subdivision of land subject to Councils standard conditions and conditions specific to address the future impacts which are noted below. 1. The applicant is advised that the access way shall be constructed of bitumen, asphalt,

concrete or interlocking pavers for the entire 6 metre width to seal the access to as to limit dust impacts on any surrounding dwellings in the future.

Further, a 1 metre wide additional sealed footway is to be provided to allow pedestrians to access the site and transport garbage bins to the street for collection without impacting the vehicle travel lane. Appropriate lighting will be required to light this footway in the dark and details of proposed lighting (in accordance with AS4282) provided to Council for consideration. Included in the management statement for the association property shall be details on the ongoing maintenance responsibilities for all users. Additional area dedicated to a common mailbox shall be shall be included within the association property. Stormwater management will also be required for the site hardstand areas as noted in a subsequent condition.

This is to be detailed on the subdivision certificate plans to the satisfaction of Council

as a restriction as to user on an appropriate section 88B instrument.

REASON: The application has been considered in accordance with the Environmental Planning & Assessment Act, 1979 (Section 79 (C)).

2. The applicant is advised that visitor car parking spaces are to be provided to each

community title allotment at a rate of 1 visitor space per dwelling. This is to be in addition to the required 1 resident car parking space per dwelling. This space is to be constructed of a suitable material (ie bitumen, asphalt, concrete or interlocking pavers) for the entire visitor car parking space and driveway.

Whilst the carpark does not need to be constructed as part of the subdivision, the space and construction is to be detailed as a requirement of the future dwelling on the certificate of title for the lots.

This is to be detailed on the subdivision certificate plans to the satisfaction of Council as a restriction as to user on an appropriate section 88B instrument.



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3 The applicant is advised that the development requires a suitable vegetation buffer to

be provided to limit impacts on adjoining premises. Buffer zones are to be provided along the full length of the north eastern, north western & south east boundaries of the parent lot.

This is to be detailed on the subdivision certificate application plans as a landscaping

plan to the satisfaction of Council and as a restriction as to use of the land nominated in an appropriate section 88B instrument.

The landscaping is to be installed as part of the subdivision certificate and maintained

in a healthy manner until the occupation certificates are issued for the dwelling houses on each future lot.

REASON: The application has been considered in accordance with the Environmental Planning & Assessment Act, 1979 (Section 79 (C)) and considered appropriate to require landscaping buffer zones to be noted and installed to manage the likely impacts between neighbours and land uses.

4 The applicant is advised that as part of the subdivision a fire safety upgrade inspection

will be undertaken to determine the existing level of active and passive fire safety in the existing dwelling, which may necessitate the issue of a fire safety upgrade order in accordance with Clause 121 of the Environmental Planning & Assessment Act, 1979 under separate cover.

Where upgrading works are to be completed this will generally be required to be

completed in accordance with the order and prior to the issue of the subdivision certificate.

REASON: Application has been considered in accordance with the application submitted (Section 79 (C)) and to ensure an appropriate level of fire safety is provided to the building prior to occupation.

5 The applicant is advised that a 5 metre front building line is to be maintained on

proposed lot A to Little Queen Street. Also, a 7 metre setback is to be maintained to any garage fronting Little Queen Street to allow for stack visitor parking in front of the garage.

Further, any proposed fencing forward of this building line on this lot or within 5

metres of the front boundary of proposed lot 10 is to be no greater in height that 1200mm so as to allow appropriate site of vehicles existing the access way to pedestrians.

This is to be detailed on the subdivision certificate application plans as a restriction

as to use of the land nominated in an appropriate section 88B instrument.

REASON: The application has been considered in accordance with the Environmental Planning & Assessment Act, 1979 (Section 79 (C)) and considered appropriate to require a front setback in accordance with the existing streetscape.



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DIRECTOR ENVIRONMENTAL SERVICES & PLANNING REPORT cont’d 6 The applicant is advised that dwelling envelopes are to be provided to all proposed

community title lots. The envelopes are to be positioned to assist in limiting loss of amenity for existing premises, overshadowing to the proposed dwellings & impact on streetscape.

This is to be detailed on the subdivision certificate application plans as a restriction

as to use of the land nominated in an appropriate section 88B instrument.

REASON: The application has been considered in accordance with the Environmental Planning & Assessment Act, 1979 (Section 79 (C)) and considered appropriate to require dwelling envelopes to be created on the lots which restrict the location of future dwellings to manage likely impacts between neighbours and land uses.

7 The applicant is required to provide suitable regulatory signage to the proposed development. This includes a shared zone sign at the entrance of the private access way and a no left turn sign prior to exiting the access way.

This is to be detailed on the subdivision certificate application plans to the satisfaction

of Council and as a restriction as to use of the land nominated in an appropriate section 88B instrument.


8 The applicant is required to maintain 1500mm setback to the external wall of the existing dwelling on proposed lot 10 to any boundaries and 1125mm to any associated eaves and gutter. Should this not be possible then fire rating upgrade of the external wall be required.


9 The applicant shall submit to Council for the approval of the Director of Engineering

and Technical Services plans of an inter-allotment drainage system designed by a suitably qualified person to address the stormwater drainage of all proposed Lots to prevent sheet flow into adjacent Lots. Easements shall be created for the drainage of Stormwater outside of the road reserve.

The drainage system may include open channels, pits and pipes to carry the worst case ‘1-in-5 year’ flows. All drainage works are to comply with Forbes Shire Council’s Guidelines for Engineering Works.

REASON: Because the character of the development is such that storm water runoff will enter adjacent newly created Lots causing flooding nuisance and must be safely conveyed to the storm water drainage system. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

10 The applicant shall construct the inter allotment drainage at no cost to Council in

accordance with plans approved by Council (refer to previous condition). All drainage works are to comply with Forbes Shire Council’s Guidelines for Engineering Works.



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REASON: Because the character of the subdivision is such as to warrant storm water drainage of this type. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

11 A site stormwater drainage system shall be designed by a suitably qualified Civil

Engineer/Hydraulics consultant to the satisfaction of Forbes Shire Council. Detailed plans and calculations of the stormwater drainage system with levels reduced to Australian Height Datum (AHD) must be submitted and approved by Council. The plan shall indicated the method of disposal of all stormwater, include existing ground levels, finished surface levels on all paved areas, and provide estimated flow rates, invert levels and sizes of all pipelines.

An onsite stormwater detention storage system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 1 in 10 year worst case storm event for the existing site conditions. An overland escape route or overflow system to Council’s street drainage system must be provided for storms having an average recurrence interval of 100 years or alternatively stormwater detention shall be provided to accommodate the 1:100yr storm. Determination of the required cumulative storage (in the on-site detention) must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1 1987 Edition. Undeveloped blocks shall be assumed to have an impermeable % of 50% post development. REASON: Because the character of the development is such that storm water will be increased and must be safely conveyed to the storm water drainage system. Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

12 The applicant shall design and construct an open concrete dish drain along the entire

frontage of the site to Little Queen Street at no cost to Council in accordance with plans which will be provided to and approved by Council. All drainage works are to comply with Forbes Shire Council’s Guidelines for Engineering Works.

REASON: Because the character of the subdivision is such as to warrant storm water drainage of this type. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.



Policy Implications The subject development application is permissible under the Forbes Local Environmental Plan 2013 and meets the objectives and standards of the Forbes Development Control Plan 2013.

Risk Considerations All possible risks have been assessed as part of the Development Assessment, and approval is recommended under the environmental Planning and Assessment Act 1979.

Statutory/Regulatory Implications Assessment has been undertaken in accordance with the Environmental Planning and Assessment Act 1979.



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Consultation conducted Notification letters sent to 15 surrounding landowners in accordance with Chapter 15 – Public Consultation of the Forbes Development Control Plan 2013 with 7 submissions being considered in determining the application.

Attachments Applicable Development Control Plan Chapters – refer Appendix 1



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APPENDIX 1 – APPLICABLE DEVELOPMENT CONTROL PLAN CHAPTERS

Chapter 3 – Subdivision Objectives:

a) Ensure a high quality of subdivision and delineation of allotment boundaries throughout the Forbes Shire;

b) Encourage site responsive development which reflects the opportunities and constraints of individual sites and preserves or enhances its special qualities.

c) Ensure development is consistent and compatible with the established streetscape and character and enhances the amenity of residential areas; and

d) Assist developers and applicants in the preparation and submission of applications in order to expedite the assessment process.

Clause Standard Comment

3.4 Submission a) All plans are to be drawn to scale Complies

b) Subdivision plans shall be prepared by a registered surveyor to ensure the accuracy of existing and proposed allotment boundaries

Complies

c) All plans shall contain a proper description of the land by Lot and Deposited Plan;

Complies

d) Any easement, right-of-way or restriction shall be created pursuant to Section 88B of the Conveyancing Act, 1919.

Complies

3.5 Consideration of Physical Constraints Prior to the preparation of a proposed plan of subdivision it will be necessary to identify the physical constraints to the site/land which are likely to have an influence upon perspective allotment boundaries. This consideration should be in the form of a Site Analysis Plan which includes identification of the following elements:

Orientation - North

Existing structures/improvements on the land

Improvements upon immediately adjoining land

Slope

Natural & existing drainage

Existing hazards such as bushfire or flooding

Any easements encumbrances

Existing/proposed accesses

Existing/Proposed Service arrangements

Complies

3.6 Size of Allotments

3.6.1 Residential e) Residential lot size is to be not less than 550m². As far as possible new lots should have at least a frontage of 16.8m and a depth of 30m. Irregular lots such as truncated or wedge shaped lots at the end of cul-de-sacs must have a mean width of at least 15m and a width of

Complies, further the proposed Community Title lots comply with the 250m2 minimum lot size



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14m at a distance of 6m from the street alignment. Exceptional circumstances will be dealt with on their merits.

f) Corner lots are to be provided with 4m cut off for splay purposes. When the corner angle is less than a right angle a deeper cut off may be required by the Council.

N/A

g) Council does not consider the creation of battle-axe allotments from underdeveloped land as an acceptable form of subdivision. A battle-axe subdivision will only be considered in isolation and will be determined on its merits having regard for the size, shape, location and amenity of the surrounding area. A battle-axe allotment shall have an access way of not less than 6m in width and shall have a minimum area exclusive of the access way of 650m².

Complies, the proposal is for a defacto battle axe style development for the Community Title lots. The proposed access way complies with the minimum width requirements

3.6.2 Large Lot Residential h) Large Lot Residential blocks are basically used for residential purposes and not created to sustain a rural income.

N/A

i) Minimum allotment sizes are typically characteristic of service availability and/or flood risk as follows:

N/A

j) Allotments serviced by reticulated sewage - minimum

4,000m2

N/A

k) Allotments requiring on site effluent disposal –minimum 2ha (20,000m2)

N/A

l) Allotments requiring on site effluent disposal (where it can be demonstrated by a suitably qualified practitioner that onsite effluent disposal can be undertaken without environmental impact –minimum 1ha (10,000m2)

N/A

m) Allotment subject to low hazard flood risk 2ha (20,000m2)

N/A

n) Allotments subject to high hazard flood risk 10ha (100,000m2)

N/A

o) Large Lot Residential and Small Rural Holdings allotments while they may have cut off corners and some irregular shaped boundaries must have a reasonable overall shape with a maximum ratio of depth to width of 4:1. The creation of battle - axe blocks is Not an acceptable form of subdivision

N/A

3.7 Roads a) The road network within the Forbes Shire is comprised of six (6) distinct classes of roads as follows (from lowest to highest)

N/A



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Classes of Roads

Traffic Volume (AADT)

Servicing No. of Lots

Hierarchy Road Reserve Widths (min)

Vehicle Pavement Width (m)

Footpath Width (m)

Design Speed (Km/hr)

0-80 0-8 Minor Cul-de-sac

17 8.0 4.5 40

80-300 8-30 Cul-de-sac 18 9.0 4.5 60

300-800 30-80 Local Road 18 9.0 4.5 60

800-1500 80-150 Minor collector 20 11.0 4.5 60

1500-5000 >150 Major Collector 22 13.0 4.5 70

5000+ >5,000 Distributor 22 13.0 4.5 70


3.8 Provisions of Utility Services within the Subdivision

a) R1 - Residential The following facilities/services shall be provided at no cost to the Forbes Shire Council:

Sealed Road;

Kerb & Gutter;

Footpath;

Electricity;

Telephones;

Water & Sewerage;

Gas;

Street Lights;

New Street Identification Signs

Complies, the proposal where not detailed will be required via conditions of consent to provide the appropriate infrastructure

b) R5 – Large Lot Residential The following facilities/services shall be provided at no cost to the Forbes Shire Council:

Sealed Road;

Electricity;

Telephone;

Water;

Streetlights;


N/A

c) RU4 – Primary Production Small Lots The following facilities/services shall be provided at no cost to the Forbes Shire Council:

Sealed Road Access;

Electricity;

Telephone;

Water;


N/A

RU1 – Primary Production In a rural subdivision each new block must be supplied with utility services at no cost to Council, and to a similar degree to those already connected to the area being subdivided. Council will not approve the plan of subdivision until utility services have been provided or until arrangements satisfactory to Council have been made for the supply of such services.

N/A

d) Community and Strata Title Land Services located on land that forms part of a strata or community title subdivision

Complies, a management statement will be required for the



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shall be the responsibility of the strata or community body. Council will not be responsible for the maintenance or repair of any water or sewerage lines located within land that forms part of community or strata title development. The provision of documentary evidence that, arrangements are satisfactory for the provision of all essential services to fully serve the sub-division have been made, must be received before the sub-division will be approved. Preliminary advice from relevant service Authorities shall be provided with the subdivision application indicating that the proposed allotments can be adequately serviced.

future maintainence of the infrastructure provided to the community title lots

3.9 Storm Water Drainage

Surface Drainage Subdividers are required to show the means by which both natural and increased run-off shall be disposed of and the location of any necessary easements.

Complies, conditions of consent will require this detailed information to be provided to Council for assessment

Internal Stormwater Drainage This work shall be paid for by the subdivider as part of the road works and drainage requirements. Where several adjacent subdividers wish to proceed at the same time and use the same system of internal pipelines arrangements should be made to share the cost on an area drained basis.


External Stormwater Drainage External Storm water drainage facilities must be adequate before Council will approve the subdivision.


3.10 Trees Existing trees both street trees and within the site are to be preserved as far as practicable. Trees proposed to be removed are to be identified and submitted for Council’s consideration. Where a prevailing street tree pattern (in terms of species and location) exist the theme shall be maintained within all new development.

NA, street trees are not required given the reduced width of Little Queen Street

3.11 Land for Public Recreation In the case of subdivision of land for new urban residential development, Council will require the subdivider to provide land to cater for the public recreation needs of future residents or alternatively, to make an equivalent financial contribution for the provision of such services elsewhere. This contribution will be levied in accordance with the Forbes Contribution Plan.

Complies, a condition of consent will require a payment of the Section 94 levy in lieu of providing land for public recreation



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4.6 EXEMPT AND COMPLYING DEVELOPMENT CODE

Report Author: Graduate Health & Building Surveyor Responsible Officer: Director Environmental Services & Planning

Executive Summary Council at its May 2017 meeting resolved to receive a copy of exempt and compliance development information. This report provides details of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and its state wide application that came into force on 27th February 2009. The SEPP has 2 components – complying development and exempt development.

Detailed Report The Exempt and Complying Development code permits low impact, minor work to take place without the need to gain Development Consent providing the development meets the specific development standards listed in the SEPP. This includes minor works done to residential, commercial and industrial properties. The exempt and complying development policy divides exempt development into three groups:

1. General Exempt Development outlines a series of standards set out for 41 different types of development that if complied with enables construction to go ahead without the need to obtain Development Consent or a Construction Certificate. Exempt development typically covers small scale low impact structures associated with a dwelling such as carports, garden sheds, gazebos, pergolas, fences, driveways, demolition, home businesses, minor internal and external building works, rainwater tanks, shade structures and farm buildings,

2. Advertising and Signage Exempt Development provides for common types of business signs such as under awning, facia and business identification signs and real estate signs,

3. Temporary Uses and Structures provides for temporary uses such as filming, builder’s sheds and tents and marquees used for specific events. Included in the attachments are three common building structures and the standards required for it to be classified as exempt development in accordance with the SEPP. These examples include carports, farm buildings and fences (residential). It should be noted that all of the applicable standards need to be met otherwise the development is not exempt and a Development Application is required to be lodged. Unfortunately Council is regularly required to deal with cases of unauthorised development. In some cases these are significant residential or commercial structures which have been undertaken without any concern for planning and building regulations. In other cases the structures are of a smaller nature and the property owner has been ill informed by friends or relatives as to what can be built without the prior approval of Council. Common myths circulating Forbes include:

I can build a carport so long as its 900mm off the boundary,

I can build a deck so long as it’s under the roof line,

I can do any building work so long as it’s less than $5,000.

I can build the shed as large as I like as it’s on rural land

I don’t need approval to do internal alterations



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The Environmental Planning & Assessment Act provides for penalties to be imposed by the courts up to $500,000 for individuals and $1,000,000 for corporations where unauthorised building work has been undertaken. On the Spot fines of $1,500 for individuals and $3,000 for corporations can be issued by Council for unauthorised residential development. These fines double for unauthorised commercial development. The NSW Department of Planning and Environment provides advice through the NSW Planning Portal for residents check the requirements for exempt development which can be found at http://interactivebuildings.planning.nsw.gov.au/. Alternatively information is available on Councils web page or by contacting Councils Environmental Services & Planning Department.

RECOMMENDATION That Council note the types of development that can be constructed as Exempt Development.

Alignment with Strategic Plan L2.2: Comply with statutory obligations for development control, environmental health and animal control. Activity: Provide an effective development application, assessment and determination system, including a pre-lodgement service and effective customer service within legislative and regulatory requirements.






Attachments Extract from State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 Carports, Farm buildings, Fences (Residential).

http://interactivebuildings.planning.nsw.gov.au/



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APPENDIX 1 – EXTRACT FROM STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT & COMPLYING DEVELOPMENT CODES) 2008

Carports Development standards

1. The standards specified for that development are that the development must: (i) not result in a building classified under the Building Code of Australia as class

7a, and (ii) not have a floor area more than:

2. for a lot larger than 300m2 in a rural zone or Zone R5—50m2, or 3. (ii) for a lot larger than 300m2 in a zone other than a rural zone or Zone R5—25m2, or 4. (iii) for a lot 300m2 or less in any zone—20m2, and

(i) be not higher than 3m above ground level (existing) or, if attached to an existing single storey dwelling, be not higher than the roof gutter line, and

(ii) be located at least 1m behind the building line of any road frontage, and (iii) be located at a distance from each lot boundary of at least: (iv) for development carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or (v) for development carried out in any other zone—900mm, and (vi) have 2 or more sides open and not less than one-third of its perimeter open, and (vii) to the extent it is comprised of metal components—be constructed of low

reflective, factory pre-coloured materials, and (viii) not involve the construction of a new driveway or gutter crossing unless the

consent of the relevant road authority for each opening of a public road required for the development has been obtained under the Roads Act 1993, and

(ix) be constructed or installed so that any roofwater is disposed of into the existing stormwater drainage system, and

(x) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and

(xi) (Repealed) (xii) if it is located on bush fire prone land and is less than 5m from a dwelling—be

constructed of non-combustible material, and (xiii) if it is constructed or installed in a heritage conservation area or a draft heritage

conservation area—be located in the rear yard, and (xiv) be located so that it does not reduce vehicular access to, or parking or loading

or unloading on, or from, the lot. 5. The roof of the development must be located at least 500mm from each lot boundary. 6. There must not be more than 1 development:

(i) per lot if there is a dwelling on the lot, or (ii) per lot or per each separate occupation of premises on the lot, whichever is the

greater, in any other case. Farm buildings Specified development The construction or installation of a farm building used for the purpose of an agricultural activity and not used for habitable purposes is development specified for this code if it is:

a) constructed or installed on land in Zone RU1, RU2, RU3, RU4 or RU6, and b) not constructed or installed on or in a heritage item or a draft heritage item or in an

environmentally sensitive area. Development standards

1. The standards specified for that development are that the development must: a. be not higher than 7m above ground level (existing), and b. not have an area of more than:

2. if it is a stockyard—0.5ha, or

http://www.legislation.nsw.gov.au/#/view/act/1993/33



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3. (ii) if it is any other building—200m2 (if situated on a lot of 2ha or more) or 50m2 (if situated on a lot of less than 2ha), and

a. be located at least 20m from the primary road frontage of the lot and at least 10m from the other lot boundaries, and

b. not be constructed or installed within 50m of a dwelling on an adjoining property, and

c. be located at least 50m from a waterbody (natural), and d. to the extent it is comprised of metal components—be designed by, and constructed

in accordance with the specifications of, a professional engineer, and e. to the extent it is a silo—not be fitted with a motorised fan for aeration or drying

purposes. 4. If the development is a shipping container, there must not be more than 1 shipping

container per lot. Fences (residential zones) Specified development The construction or installation of a fence on land within Zone R1, R2, R3 or R4 is development specified for this code if it is not constructed or installed:

a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or

b) along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area, or

c) on a flood control lot, or d) on land that is identified as being in a foreshore area.

Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies. Development standards

1. The standards specified for that development are that the development must: a. not be higher than 1.8m above ground level (existing), and b. not be of masonry construction to a height that is more than 1.2m above ground

level (existing), and c. if it includes an entrance gate—not have a gate that opens outwards, and d. if it is located in a core koala habitat or potential koala habitat within the meaning of

State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and

e. if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and

f. if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and

g. not be an electrical fence or use barbed wire. 2. Despite subclause (1), any fence located along the boundary of, or within the setback area

to, a primary or secondary road must: a. not be more than 1.2m above ground level (existing), and b. be open for at least 20% of the area of the fence that is more than 400mm above

ground level (existing), with any individual solid element of the fence above this height being no more than 350mm in width with a minimum aperture of 25mm.

3. If a lot has a frontage to a secondary road or roads, subclause (2) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary.

4. Subclause (2) (b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road.

5. Despite subclauses (1) and (2), if the fence is erected on a sloping site and stepped to accommodate the fall in the land:

http://www.legislation.nsw.gov.au/#/view/act/1991/72

http://www.legislation.nsw.gov.au/#/view/EPI/1995/5



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a. a fence that is required to be not more than 1.2m above ground level (existing), must not be more than 1.5m above ground level (existing) at each step, and

b. a fence that is required to be not more than 1.8m above ground level (existing), must not be more than 2.2m above ground level (existing) at each step.



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4.7 INFORMATION REPORT ON THE BIODIVERSITY REFORMS

Report Author: Town Planner Responsible Officer: Director, Environmental Services and Planning

Executive Summary In June 2014 an independent panel of experts was appointed to conduct a comprehensive review of biodiversity conservation legislation in NSW. The panel released its final report with 43 recommendations in December 2014. In March 2015 the government committed to implement all 43 of the Independent Panel’s recommendations. The draft Biodiversity Conservation Bill and draft amendment to the Local Land Services Act 2013 were created. These Bills were exhibited between May and June 2016 and were adopted on the 17 November 2016. The NSW Government has now placed on exhibition for public comment from May to 21 June 2017 the regulations and proposed State Environmental Planning Policies to support the adopted Local Land Services Amendment Act 2016 and the Biodiversity Conservation Act 2016. These regulations and proposed State Environmental Planning Policy is listed below:

Draft Biodiversity Conservation Regulations 2017

Draft Local Land Services Amendment Regulation 2017

Draft Environmental Planning and Assessment Amendment (Biodiversity Conservation) Regulation 2017

State Environmental Planning Policy (Vegetation) 2017, and

Land Management (Native Vegetation) Code

The adopted Biodiversity Conservation Act 2016 and Local Land Services Amendment Act 2016 and associated regulations and State Environmental Planning Policies will repeal the following legislation:

Native Vegetation Act 2003 and associated regulations,

Threatened Species Conservation Act 1995 and associated regulations,

National Parks and Wildlife Act 1974 and associated regulations, These changes will come into effect in August 2017.

Detailed Report The current regulatory approach differs depending on the nature of the development proposed. There are quite different legislative regimes and processes depending on whether the development relates to agricultural activity or other development types such as urban, resource and infrastructure development. Clearing required to enable agricultural development to occur is assessed under the Native Vegetation Act 2003 and relies on a system of Property Vegetation Plans (PVPs), Routine Agricultural Management Activities (RAMAs) and ministerial orders to determine what clearing can occur and in what circumstances. The Native Vegetation Regulation 2013 (the Regulation) sets out an Environmental Outcomes Assessment Methodology (EOAM) that the LLS must use to assess whether clearing proposals for Property Vegetation Plans and Development Consents meet these criteria. Key criticisms of this system are that:



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it is time consuming and cumbersome and is limited by the need to satisfy a “maintain or improve” test at the site level; and

it does not consider social and economic factors in decision making. It was noted that the current ‘command and control’ regulatory approach was preventing efficient farming decisions and leading to perverse outcomes.

By contrast, urban development, mining development and infrastructure proposals are all assessed under the Environmental Planning and Assessment Act 1979 (EP&A Act) and Threatened Species Conservation Act. This system has a broader orientation by enabling social and economic factors to be considered in decision making, and provides for offsetting for biodiversity impacts. However, the current system is not without its challenges, including:

environmental assessments can be time consuming and have onerous documentation requirements, as well as a variety of different pathways for approval; and

the system can also result in “regulatory creep”, whereby in some cases biodiversity impacts are considered at multiple stages of the planning system (especially at the strategic land use planning stage and the development assessment stage).

In relation to managing wildlife interactions, the primary mechanism for managing interactions in NSW is provided by the National Parks and Wildlife Act 1974 and the associated National Parks and Wildlife Regulation 2009. The basic approach remains one of prohibition and prescription. The Independent Biodiversity Review Panel commented that the current system for assessing biodiversity impacts is:

a complex system that is difficult for the community to navigate, has imposed unnecessary regulatory burdens, especially in certain regions and sectors across the state, is process driven and not fulfilling current objectives in the most effective and efficient way.

The panel concluded that the current legislative framework has become fragmented, overly complex and process driven.

It creates inconsistent regulatory standards across different sectors and fails to deliver the right incentives for industry and landholders. The panel also concluded that the current laws also do not deliver balanced outcomes across the NSW Government’s environmental, social and economic objectives. The laws also no longer link coherently with emerging laws and policies. The three main process changes that will occur as a result of the adopted Biodiversity Conservation Act 2016 and Local Land Services Amendment Act 2016 are the following: Biodiversity Offset Scheme

The Biodiversity Offsets Scheme, established through the Biodiversity Conservation Act, provides a legal framework for:

assessment of the biodiversity impacts of development and gain at an offset site

determination of offset obligations by the consent authority

meeting offset obligations. The regulations specify the biodiversity offsets scheme threshold applies if the proposed development triggers either of the following:



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Area trigger – specifies the maximum area of proposed clearing at which the offset scheme applies

Areas containing sensitive biodiversity values- development that occurs in areas containing sensitive biodiversity values as mapped by the Environment Agency Head trigger the threshold (these area will include Koala Habitat).

Biodiversity Offset Scheme Threshold

Column 1- Minimum Lot Size of Land Column 2- Area of clearing

Less than 1 hectare 0.25 hectare or more of clearing

Less than 40 hectares but not less than 1 hectare 0.5 hectares or more of clearing

Less than 1,000 hectares but not less than 40 hectares 1 hectare or more of clearing

1,000 hectares or more 2 hectares or more of clearing

Biodiversity Offset Scheme Process explained below:



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BIODIVERSITY OFFSET SCHEME PROCESS

approval for building, subdivision or landuse that involves clearing of Native Vegetation

clearing exceeds the

offset scheme threshold or will be in a

sensitive area

yes

Biodiversity Assessment Report prepared by accredited

assessor is required to be submitted to Council (report

costs $5000)

(this report is required to include the credits calculated

in accordance with the Biodiversity Assessment

Method)

will the proposal

result in a serious

and irreversible

impact

No

development approved and

conditions placed on the development

consent to include amount of land to be

offset and the method for offsetting land.

Yes development refused or modified



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Land Management (Native Vegetation) Code The Land Management (Native Vegetation) Code will replace the Routine Agricultural Management Activities. The Land Management (Native Vegetation) Code will allows landholders to undertake clearing that supports more productive farming methods and systems, while responding to environmental risks. Changes have been made to the publicly exhibited code metrics settings to respond to public feedback. Following consultation, the Code has been simplified for landholders with improved environmental protections and productivity outcomes. Allowable activities have been modified to improve clarity and certainty in their application on rural land. There have also been some changes to the way set-aside areas will be established and managed. A public register of set-aside areas will be established containing set-aside management obligations. Set-aside obligations will remain in perpetuity. This code will require a Native Vegetation Regulatory Map be prepared by Office of Environment and Heritage. The Map will show rural land where:

Category 1 Unregulated Land- Clearing of Native Vegetation can occur without approval

Category 2 Regulated Land- will include land that is identified as vulnerable regulated land and sensitive regulated land.

The process that will be required to be followed under this code is provided below:



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Proposes clearing of native vegetation for land management

this includes:

- Management of invasive native species

-Thinning of woody vegetation

-harvesting of stock fodder

-continue of lawful vegetation mangement practices prior to the implementation of the new framework

-Transistioning of Property Vegetation Plans

-Equity clearing removal of paddock trees

-Farm planning -removal of paddock trees

Need to check Native

Vegetation Map

Category 1-unregulated

land clearing of native

vegetation can occur without

approval

Category 2-Regulated land

Subcategory-

-Vulnerable land

-sensitive land

requires authorisation from Local Land Services

Clearing can still occur but will require approval from Local Land Services with

set-aside areas



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State Environmental Planning Policy (Vegetation) “Vegetation SEPP” The Vegetation SEPP will form part of the framework for vegetation clearing and will be the primary environmental planning instrument for regulating native vegetation clearing in urban and other non-urban zones, including environmental protection zones. The Vegetation SEPP will permit clearing of Native Vegetation that does not require approval (i.e where there is no development proposed such as a building, subdivision or land use). However, where the native vegetation proposed to be cleared exceeds the Biodiversity Offset Threshold (see table above). Approval will be required from the Native Vegetation Panel. See process for Vegetation SEPP below:

RECOMMENDATION That Council note the proposed changes to the Biodiversity reforms

Alignment with Strategic Plan NE1.1.3: Administrative Development Appeals – in accordance with Council’s LEP.


Policy Implications Will result in the repeal of a number of existing Acts and Regulations detailed within the report.


Statutory/Regulatory Implications Requires changes to state legislation.

Consultation conducted Intensive consultation has and will be continued to be undertaken as a part of the Biodiversity Reform process.

Attachments Nil



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MANAGER COMMUNITY DEVELOPMENT

REPORT TO COUNCIL

PART I



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5 MANAGER COMMUNITY DEVELOPMENT REPORT TO

COUNCIL

5.1 DONATION REQUESTS

Report Author: Manager Community Development Responsible Officer: General Manager

Executive Summary This report provides council with a brief of requests for funding assistance or sponsorship recently received. The 2016-17 Budget has been fully expended and the following applications will need to be provided for in the 207-18 Budget. All fall within the 2017-18 financial year.

Detailed Report 5.1.1 Funding Request – NSW Small Winemakers Show

Forbes Shire Council has received a request from the NSW Small Winemakers Show for support of their Judging and Public Tasting and Presentation Dinner to be held on the 26th August and the 2nd September 2017. The Committee is seeking the waiving of fees for the Youth & Community Centre for 8 days from 26 August 2017 to 2 September 2017. Fees for the 8 day hire for a community group charging fees is 8 x $ 67.50 = $540 . Results of assessment – Assessment Criteria

Criteria Response

Received on time Yes, event to be held in August

Event conducted in Forbes Yes

Not for profit entity or auspiced by one Yes

Public Liability to $20Million $20 Million

Commence the event in the year in which financial support is sought

Applied this year for support in kind in 2017/18

Demonstrate social, economic and environmental benefits to the community

Social - provides two social functions for a total of 250 people through the Public Tasting and Presentation Dinner. Economic - 11 Judges spend 4 days and 3 nights in Forbes. It is estimated that 45 people from outside the Forbes Shire attend the Public Tasting or Presentation Dinner may staying overnight. The Show promotes Forbes to the 100 exhibitors The Show creates revenue to local businesses through meals accommodation directly linked to attendees at the judging, Public Tasting & Presentation Dinner. As a major sponsor Forbes Shire Council is acknowledged on the schedule, at the Public Tasting & Presentation Dinner, in the results book & on the Shows web site. Council is also provided 2 tickets to the Public Tasting & Presentation Dinner and naming rights to one trophy for best wine in class.



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MANAGER COMMUNITY DEVELOPMENT REPORT TO COUNCIL cont’d

Criteria Response

Be financially viable Maintaining a reconciled closing bank balance between $11987 and $15580

Full details of support required The Committee is seeking the waiving of fees for the Youth & Community Centre for 8 days from 26 August 2017 to 2 September 2017. Fees for the 8 day hire for a community group charging fees is 8 x $ 67.50 = $540.

Total Cost $17,328

Purpose of project 550 wines from 100 wineries will be judged by 11 judges over 3 days. A public tasting will be held on the Friday evening following the judging. A Presentation Dinner will be held a fortnight after the public tasting.

Purpose of group seeking support The NSW Small Winemakers Wine Show Committee was formed in 1991. The aim of the committee is to provide an opportunity for small winemakers with a crush of 500 tonne or less to be exhibited and judged against other small winemakers throughout NSW & ACT. The committee comprises of 17 local volunteers. The show consistently attracts over 550 entries from 100 wineries. Judging is undertaken by 11 judges comprising of winemakers and members of the wine industry. On completion of the judging a public tasting is held to showcase and promote the wines entered. Crowds in excess of 150 people constantly attend the public tasting. A presentation Dinner is held a fortnight after the public tasting and is regularly attended by 100 people. The NSW Small Winemakers Wine Show is highly regarded by winemakers throughout NSW & ACT and is one of the largest Wine Shows in NSW & ACT.

Details of any previous assistance supplied by council

Fees have been waived for this event by council for some years

Evidence of Not for profit status Within Constitution

Strategic Plan NA

Details of and other grants received from State or Federal Govt

The Committee relies on sponsorship from the wine industry and local businesses to assist in the running of the show. The committee was successful in receiving $2,075 in sponsorship in 2016 and expects similar this year.

Recent financial statement Provided

RECOMMENDATION That Council endorse the donation to the community group listed from the 2017-18 donations budget. Funding Request NSW Small Winemakers Show –waiving of fees for the Youth & Community Centre for 8 days from 26 August 2017 to 2 September 2017 to the value of $540

Alignment with Strategic Plan C3.1: develop capacity of community groups to achieve their goal. C3.1.3 – provide direct financial grants and/or logistical support to community groups across a range of activities. Financial and Resource Implications The total amount of funding requested in this report is $540. The donations budget for 016/17 has been enhanced to $65,000 and prior to these requests stands at $64,000.86. Donations approved beyond $999.14 would therefore need to be sourced from the 2017/18 budget. Policy Implications The requests for financial assistance included in this report are in accordance with s 356 of the Local Government Act 1993. Risk Considerations Nil.



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Statutory/Regulatory Implications Nil. Consultation conducted Nil.

Attachments Nil.



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5.2 OFFICE OF LOCAL GOVERNMENT INNOVATION FUND PROPOSAL

Report Author: Grants Officer Responsible Officer: Community Development Manager

Executive Summary

An opportunity has been identified for Innovation Funding for projects in the Forbes Shire. This is via the NSW Office of Local Government and is a targeted program that supports small councils to improve their performance to benefit local communities. An integrated project proposal has been scoped to make a submission to this funding including the key elements of:

Provision of information kiosks for council and visitor related information at strategic locations around town

Provision and installation of smart boards in council owned facilities for improved customer service and staff training

Additional CCTV around the library

Installation of sliding glass doors subject to further investigation in conjunction with the RFID system at the library

Modifications to the website to ensure compliance with disability standards. The application for this funding must be accompanied by a council motion

Detailed Report Innovation funding through the NSW Office of Local Government is an important opportunity for Council to resource key elements of the Community Strategic Plan and Disability Inclusion action plan. This project proposal aims to submit to the funders an integrated project that has a key focus on high quality customer service for all customer cohorts. This is not only part of the Shires Commitment to the community in the Community Strategic Plan but is also integral to Council’s responsibility under reporting for the Disability Inclusion Action Plan. The project proposes an overall project budget of approximately $150,000. Within this budget council is required to make a 30% contribution. In the 2017/18 Budget, $50,000 has been identified for a website upgrade to Level two of Website Accessibility Standard, and this line item would be suitable to offset the 30% contribution. Provision of the following services in this project will increase the accessibility of council services for all sections of the community. The project will also improve public safety through additional CCTV and the glass walled area in the library and facilitate improved access to council information Key Project Deliverables include –

Provision of information kiosks for council and visitor related information at strategic locations around town

Provision and installation of smart boards in council owned facilities for improved customer service

Additional CCTV around the library precinct

Installation of sliding glass doors subject to further investigation in conjunction with the RFID system at the library.

Modifications to the website to ensure compliance with disability standards. Action Required - A requirement of the funding is that the proposal is accompanied by a council motion as support.



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RECOMMENDATION That Council approve funding applications for Innovation Funding for projects in the Forbes Shire via NSW Office of Local Government.

Alignment with Strategic Plan This project is closely aligned to several priorities in the Community Strategic Plan as well as Council’s Disability Action Plan and the 2017/18 Operational Plan including: S411: Operate and maintain public halls and open space to provide entertainment in a safe and controlled environment. SP2.1: Provide a range of community entertainment activities including activities for youth, seniors and people with disabilities. SP3.5: Ensure the Forbes Library is a cultural, recreational and learning centre for the community. ED4.2: Provision of a professional information service for the benefit of residents and visitors. E4.1: Conduct principal certifying authority functions in the Shire; LG4.3: Provide opportunities for the community to contribute to Council’s decision making and be informed of Council’s activities. LG4.4: ensure a coordinated and multifaceted approach to all of Council communications with the community. 4.2.1: ensure website conforms to Web Content Accessibility Guidelines Conformance level AA.

Financial and Resource Implications Council contribution to this project will be $50,000 already allocated to one of the projects key deliverables.




Consultation conducted The project has been developed by Corporate Services HR and Community Departments. It is also supported by feedback received as part of the Community Strategic Plan, Disability Inclusion Action Plan and Library user consultation processes.

Attachments Nil.



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5.3 DISABILITY INCLUSION ACTION PLAN

Report Author: Community Relations Officer Responsible Officer: Manager of Community Development

Executive Summary Under the Disability Inclusion Action Act of 2014 all NSW Councils are required to develop a Disability Inclusion Action Plan by July 2017. Forbes Shire Council’s draft Disability Inclusion Action Plan was placed on public exhibition following the May meeting of Forbes Shire Council. Community feedback was invited. Minimal community feedback was received however staff from the Community Development Department approached and engaged disability service providers and people with a disability. This feedback has now been incorporated into the updated plan that is placed before Council for adoption.

Detailed Report Under the Disability Inclusion Action Act of 2014 all NSW Councils are required to develop a Disability Inclusion Action Plan by July 2017. The Disability Inclusion Action Plan demonstrates Council’s commitment to improving the facilities and services offered to disabled members of the community. The Disability Inclusion Action Plan identifies strategies and actions that will work toward these objectives. Strategies and actions conform to those prescribed under the Act including Positive Attitudes and Behaviours, Liveable Communities, Employment and Service Systems and Processes. Planning for Forbes’ Disability Inclusion Action Plan began in August last year. Community consultations were conducted by Business Sense and ran parallel with those held for the Community Strategic Plan. Draft strategies and actions have been developed as a result of these consultations. The Disability Inclusion Action Plan was placed on public exhibition following the May meeting. Minimal community feedback was received however Community Development staff approached and engaged local disability service providers and people with a disability for feedback. Four new action items have been developed as a result and incorporated into the plan. Once adopted the Disability Inclusion Action Plan will be submitted to the Disability Council of NSW.

RECOMMENDATION That Council adopt the Forbes Shire Council Disability Inclusion Action Plan and authorise its submission to the Disability Council NSW.

Alignment with Strategic Plan Strategies and actions outlined in the Disability Inclusion Action Plan link to multiple areas of the Community Strategic Plan.

Financial and Resource Implications Strategies and actions will be accommodated and funded under existing budgets.





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Statutory/Regulatory Implications Disability Inclusion Action Plan meets the requirements of the Disability Inclusion Action of 2014.

Consultation conducted Community Precinct Committee members.

Attachments Disability Inclusion Action Plan – refer Appendix 1



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APPENDIX 1 – DISABILITY INCLUSION ACTION PLAN

DISABILITY

INCLUSION

ACTION PLAN



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1. VISION The Forbes Shire is a safe, connected and welcoming community. We aspire to create job opportunities, improve our infrastructure and support a diverse and thriving economy. 2. MESSAGE FROM THE MAYOR, CR GRAEME MILLER

I am pleased to be able to provide this message. The inclusion of people with a disability is essentially an issue of social justice. This plan is about the right of our disabled residents to fully participate in the Forbes community and that’s why it is so important. Forbes Shire Council is committed to a process of continuous improvement to our facilities, infrastructure and systems and processes. This plan will be regularly reviewed and built upon, with the aim of breaking down the barriers facing our disabled residents and building an inclusive and equitable Forbes Shire. We encourage all Forbes residents to join us on this journey.

3. MESSAGE FROM THE GENERAL MANAGER, DANNY GREEN This plan has been developed in consultation with a wide cross section of the community and has been developed as a result of a community engagement process conducted in November 2016. We have developed a series of actions that will result in more choice, better access and improved facilities for our disabled residents. As a Council we commit to this plan to create a more inclusive, disability friendly Forbes Shire.

4. ACKNOWLEDGEMENT OF COUNTRY Forbes Shire Council acknowledges the traditional custodians of our land, the Wiradjuri People, and pays respects to Elders past and present. 5. BACKGROUND AND CONTEXT Forbes Shire Council recognises that residents living with a disability have a right to participate as full members of our society. The Disability Inclusion Action Plan demonstrates Forbes Shire Council’s commitment to constant improvement in the services, facilities and access disabled residents need to participate fully in the life of the community. More importantly the Disability Inclusion Action Plan will play a part in changing community attitudes and perceptions of people with a disability. The Disability Inclusion Action Plan outlines specific actions Council will take to facilitate access to community services and facilities for people with disability and link more actions to assessment and monitoring.



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Under the Disability Inclusion Action Act of 2014, Councils are required to develop a Disability Inclusion Action Plan by July 2017. There are a number of State, National and International policies and legislation that provide the framework for the development of Forbes Shire Council’s Disability Inclusion Action Plan.

Image source: NSW Local Government Disability Inclusion Action Planning Guidelines.

6. WHAT IS DISABILITY? Under the Disability Inclusion Act of 2014, disability is defined as: “The long-term physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder the full and effective participation in society on an equal basis with others.” This definition reinforces the importance of viewing disability as the result of interaction between people living with a range of impairments and their physical and social environment. Disability is not just about impairment. The onus is on the whole community to break down barriers. 7. DISABILITY IN THE FORBES SHIRE From the 2011 census Forbes estimated resident population was 9170 comprising 4548 males and 4622 females. The 0-14 age group represented 21 per cent of the population. Residents between 15 and 24 years of age made up 11.7 percent of the population, those aged between 25 and 44 made up 21.2 percent of the population, between 45 and 64 comprised 26.2 percent of the population and those aged 65 and over comprised 19.44 percent.

UN Convention on the Rights of Persons with Disabilities (UNCRPD)

National Disability Strategy (NDS)

National Disability Insurance Scheme (NDIS)

NSW Disability Inclusion Act 2014 (DIA)

An inclusive NSW

NSW Disability Inclusion Plan 1. Attitudes and behaviours 2. Employment 3. Liveable communities 4. Systems and processes

Local Government disability inclusion action planning

Community Strategic Plan

Delivery Program

Operational Plan



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Since 2011 Forbes population has been steadily rising with an estimated 9,754 residents in 2015. This represents an increase of approximately 3% in the 5 years since 2011 and is comparable with the growth rate of regional NSW which was 3.4% for the same time period. The biggest employer was the agricultural, forestry and fishing industry employing 19.2% of the working population, followed by retail (10.9%) and healthcare and social services (10.9%). The unemployment rate was 5.4% but has been fluctuating between a high of 7.8% to a low of 5.8% since 2011. Data from the 2011 Census indicated that 543 people had a core need for assistance in the Forbes Shire. The core activity need for assistance has been developed by the Australian Bureau of Statistics as a measure of the number of people with a profound or severe disability. People with a profound or severe disability are those defined as needing assistance in one or more of the three core activity areas of self-care, mobility or communication because of a disability, long-term health condition or old age. Therefore, 543 people from a resident population of 9,172 can be classed as having a disability. This equates to 5.92% of the Shire’s population.

Require assistance with core activities at 2011 Census

Age group Persons

0-4 6

5-14 59

15-19 13

20-24 6

25-34 21

35-44 21

45-54 45

55-64 74

65-74 82

75-84 113

85 and over 203

Total 543

There is also a substantial proportion of the Forbes population aged 15 years and over who are providing unpaid care to a person with a disability. According to the 2011 Census, 856 of the 7,239 people aged over 15 are providing unpaid care to a person with a disability. This equates to 11.82% of the Shire’s population.

Unpaid assistance to a person with a disability at the 2011 census (aged over 15 years)

Age Persons

15-19 27

20-24 27

25-34 86

35-44 145

45-54 211

55-64 205

65-74 116

75-84 39

85 and over 0

Total 856



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8. COMMUNITY CONSULTATION Consultations for the Disability Inclusion Action Plan were held in conjunction with community engagement efforts for Council’s Community Strategic Plan. Council engaged consultants to facilitate the process with 19 workshops held across the Shire in November 2016. These sessions encompassed key areas including the Forbes Interagency Network, health service providers, seniors groups, youth, Aboriginal organisations, aged care services and disability organisations. Consultation also took place at the International Day of People with Disability activities and informal consultations have been held with a variety of disability service providers and selected disabled members of the community. 9. 2016/2017 COUNCIL ACTIVITY Forbes Shire Council has already made significant achievements towards including disabled people in the life of the Shire. In September 2016 Forbes Shire Council and disability service provider, House with No Steps, installed a new hoist at the Forbes Olympic Pool. This allows disabled members of the community to enjoy the recreational and health benefits of swimming.

A number of public toilets in the Shire have been upgraded to better cater for disabled members of the community. Public toilets in Stephan Field have been upgraded to include a unisex ambulant toilet that is open 24 hours per day. Toilets at the Forbes Cemetery have also been upgraded and now include a separate disabled toilet. These facilities are accessible by using a Master Locksmiths Access Key.



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There is an ongoing program of footpath renovations throughout the town of Forbes and this includes the installation of accessibility ramps and parking spaces which are located through consultation with the Infrastructure Committee Access Working Party and the Local Area Traffic Committee. 10. STRATEGIES AND ACTIONS The strategies follow those prescribed by the Disability Inclusion Action Act of 2014 four focus areas.

1 - Positive attitudes and behaviours

2 - Liveable communities

3 - Employment

4 - Service systems and processes



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1 - Positive attitudes and behaviours

Council encourages positive and inclusive staff behaviours and a whole of community attitude to people with a disability that embraces respect, diversity and differences.

Strategy Action Measure of

success Responsible officer

Link to Community Strategic Plan

1.1 - Promote positive attitudes toward people with a disability.

1.1.1 - Run a program of events and activities that foster positive community attitudes toward people with a disability.

Number of events held and number of people attending these events.

Community Relations Officer

2.1.2 Facilitate, promote and deliver a diverse range of activities such as Youth Week, Seniors Week and International Day of People with a Disability.

1.1.2 - Support the efforts of community groups and social service providers to run community awareness activities and events.

Number of groups assisted.


2.1 – Provide a range of community entertainment activities including activities for youth, seniors and people with disabilities.

1.2 – Demonstrate leadership in public programs

1.2.1 – Include disability inclusion in all events and activities organised by Council

Increase in participation of people with a disability

Manager of Community Development

16.3.1 – Develop our community participation and feedback framework

1.3 – Establish partnerships to address barriers to access and inclusion

1.3.1 – Continue to work with key community organisations and advocacy groups

Maintain the level of staff participation in community organisations

General Manager 18.5 - Build strong, effective and productive alliances and partnerships with community organisations, state and federal governments

1.4 - Improve staff awareness of disability issues

1.4.1 – Implement frontline customer service procedures to improve service delivery and complaints handling for people with a disability

Reduction in complaints

Director of Corporate Services

17.3 – Develop our people

1.5 – Celebrate inclusive partnerships and access outcomes

1.5.1 – Promote Council projects that improve access to public places through various communication channels

Increase in articles in the news about Council’s access outcomes

Communications Officer

18.4 – Ensure a coordinated and multi-faceted approach to all of Council communications within the community



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2 - Liveable communities

Council advocates for and encourages a liveable and welcoming Forbes Shire where communities and places promote health and wellbeing, including recreational and social inclusiveness.


success Responsible officer


2.1 - Provide safe and accessible facilities for the Forbes community.

2.1.1 - Council ensures all developments comply with Australian Standards including Design for Access and Mobility – General Requirements for Access to Buildings and Design for Access and Mobility- Means to Assist the Orientation of People with Vision Impairment- Tactile Ground Surface Indictors.

All developments comply with Australian Standards.

Director of Environment and Planning

14.1 – Conduct principal certifying authority functions in the Shire

2.1.2 – Investigate options for water based recreational opportunities on the Lachlan River and around Lake Forbes.

Investigation of opportunities and the number of grants applied for.

Director of Engineering and Technical Services


2.1.3 - Continue annual rental subsidy to Home and Community Care in order to enhance service provision to disabled members of the community.

Annual subsidy is continued and number of service providers maintained.


3.3 - Influence the maintenance of existing levels of health and wellbeing services in Forbes.

2.2 – Improve infrastructure for better mobility access

2.2.1 - Undertake public transport needs assessment and lobby for improved services.

Number of new services implemented.


1.2 – Enhance public transport options throughout the Shire.

2.2.2 - Influence the provision of a wheel chair accessible taxi to the disabled members of the community.

Number of grant funding opportunities identified and applied for.

Grants Officer 1.2 – Enhance public transport options throughout the Shire.

2.2.3 - Participate in MLAK scheme and National Public Toilet Map to ensure access to disabled toilets is available 24 hours a day seven days per week.

Full and active participation in both initiatives.

Visitor Services Officer

19.3 – Improve accessibility of streets and buildings for the mobility impaired

2.2.4 – Continue to provide subsidy to the Forbes Medical Centre to ensure access to medical services

Subsidy is continued and doctors retained.


3.3 - Influence the maintenance of existing levels of health and



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wellbeing services in Forbes.

2.2.5 - Upgrade existing public toilet amenities.

All new public toilet facilities to include facilities for disabled residents.

Director of Technical Services and Engineering.


2.2.6 - Improve footpath and pedestrian facilities through the implementation of the Forbes Pedestrian and Cycling Strategy.

Priority upgrades completed on time and on budget.



2.2.7- Engage people with a disability in the design and planning phases of new infrastructure.

People with a disability are consulted in the design and development of new infrastructure.


19.3- Improve accessibility of streets and buildings for mobility impaired.

2.2.8- New facilities are designed to cater for the needs of disabled people.

New facilities are adhere to principles of disability friendly.



2.2.9- Conduct audits of Council owned buildings to ensure disability friendly facilities.

All Council owned facilities are audited and disability infrastructure needs are identified.

Facilities Maintenance Supervisor.


2.2.10- Install disability friendly change tables in strategic locations at Council run facilities.

Number of change tables installed.

Facilities Maintenance Supervisor.


2.2.11- Continue the upgrade of disabled parking facilities throughout the Forbes Shire.

Number of disabled car parking spaces built.



2.2.12- Design outdoor furniture and facilities with the needs of disabled people in mind.

Number of new or upgraded facilities that caters for the needs of disabled people.



2.2.13- Town Hall, as the central facility in the cultural life of the shire, is maintained as a disability friendly facility.

Town Hall remains accessible to people with a disability and caters for all members of the community.



2.2.14- Parks, footpaths and open spaces are maintained in a way that caters for the needs of people with a disability.

Audit parks, gardens and open spaces to identify barriers for disabled people. Maintain parks, gardens and footpaths in a way that caters for the needs of people with a disability.





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2.2.15- Identify gaps in services for disabled people and advocate for increased government services.

Maintain participation in the Forbes Interagency and advocate for increased disability services.

Manager of Community Development.

3.3 - Influence the maintenance of existing levels of health and wellbeing services in Forbes.

2.2.16- Work with the Forbes Heated Pool Committee to undertake an audit and investigate funding options for the upgrade of amenities catering for disabled residents.

Audit completed. Grant funding applied for.

Manager of Community Development.

19.3 Improve accessibility of streets and buildings for mobility impaired.

2.2.17- Assist to maintain a supply of housing for people with a disability.

Maintain representation on Parkes Forbes Community Housing.

Manager of Development and Compliance

2.8 Maintain a current housing strategy to support a range of affordable, accessible and adaptable housing to suit the needs of the community.

2.2.17- Audit facilities and investigate options to improve access to the Forbes Visitor Information Centre

Audit completed and options investigated.

Facilities Maintenance Supervisor

19.3 Improve accessibility of streets and buildings for mobility impaired.

2.2.18- Assist to maintain a supply of housing for people with a disability.

Strategy developed to support the supply of affordable, accessible and adaptable housing.

Manager of Economic Development

2.8 Maintain a current housing strategy to support a range of affordable, accessible and adaptable housing to suit the needs of the community.



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3 - Employment

Council maintains a commitment to equal employment opportunities and to reducing barriers for current and future employees to remain and thrive in the workplace.


Success Responsible officer


3.1 - Reduce barriers to disabled people participating in the labour market.

3.1.1 - Council to implement Equal Employment Opportunities and Temporary Placement of Long-Term Unemployed Disabled Individuals Policy.

Number of people with a disability employed or participating in work placement with Council.

Manager of Organisational Development

3.8 – Provide support for employment opportunities for people with disabilities

3.1.2 - Facilitate an awareness raising campaign for business around employing people with a disability.

Completion of awareness campaign

Manager of Organisational Development


3.1.3 - Support the work of Disability Employment organisations through the Forbes Interagency.

Forbes Interagency meets monthly



3.2 – Identify opportunities to procure goods and services from local businesses who employ people with a disability

3.2.1 – Develop a list of Forbes LGA based businesses who provide meaningful employment to people with a disability

List is kept up-to-date on Council’s community website pages


1.6 – Build a culture of respect for diversity and differences

3.2.2 – Review procurement procedures to identify options to procure goods and services from identified businesses.

Procedure reviewed and list developed and used within Council

Director of Corporate Services

15.2.1 – Implement an approved procurement framework



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4 - Service systems and processes

Council improves its capacity to assist our community to gain access to information and Council services in order to reach their full potential and engage with the community to actively participate

with Council for improved decision-making and delivery of services.

Strategic goal Action Measure of

success Responsible Officer


4.1 – Facilities and services are provided in a way that caters for the needs of disabled members of the community.

4.1.1 - Upgrade access at the Forbes Youth and Community Centre to ensure the facilities and services provided cater for the needs of disabled residents

Upgrades complete on time and on budget

Manager of Community Services


4.1.2 - Complete accessibility audit on all Council run events and activities

Audits completed and accessibility issues addressed



4.1.3 - Investigate training for frontline service delivery staff

Training located and conducted

Manager of Organisational Development.

18.4.4 – Provide effective, efficient and courteous customer service in accordance with Council values

4.2 – Information is provided in a way that caters for the needs of disabled members of the community

4.2.1 - Ensure website conforms to Web Content Accessibility Guidelines conformance level AA

Website to conform to Web Content Accessibility Guidelines

Communications Officer

18.4.1 - Implement and validate an external communications plan



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11. MONITORING

The Forbes Shire Council Disability Inclusion Action Plan will be regularly reviewed to reflect achievements and any new challenges that may arise. An annual review into the implementation of Forbes Shire Council’s Disability Inclusion Action Plan will be conducted and the results will be reported in Forbes Council’s Annual Report. The Minister for Local Government will table a report of disability inclusion action planning and implementation on an annual basis. 12. RELEVANT LEGISLATION AND POLICY FRAMEWORK Disability Inclusion Act of 2014 National Disability Insurance Scheme Act 2013 National Disability Strategy 2010-2020 Forbes Shire Our Community Strategic Plan 2017-2027



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FORBES TRAFFIC ADVISORY

COMMITTEE

REPORT TO COUNCIL

PART I



Page 203

6 FORBES TRAFFIC ADVISORY COMMITTEE - REPORT TO

COUNCIL – PART I

Report Author: Manager Technical Services Responsible Officer: Director Engineering & Technical Services

Executive Summary A meeting of the Forbes Traffic Advisory Committee was held in the Committee Room on 25 May 2017 commencing at 2:06pm.

PRESENT Cr S Karaitiana (Chair) Mr D Vant (Roads & Maritime Services) Sgt D Jeffries (NSW Police – Lachlan LAC) Mr G Gunn (Member’s Representative)

Ms M Suitor (RS&IPO) Mr D Tinlin (Manager Technical Services)

APOLOGY OBSERVER

Cr C Roylance Nil. (D Vant/D Jeffries)

The Chair acknowledged the Traditional Custodians of the land on which we met today and paid respect to the Elders both past and present.

MINUTES The minutes of the meeting held 24 February 2017 were adopted by Council at its meeting held 16 March 2017. The Committee concurred with the minutes (G Gunn/D Vant)

CONFLICT OF INTEREST

The Chair asked if any members had a conflict of interest. No conflict of interest in any matter was declared.

6.1 BUSINESS ARISING

6.1.1 Forbes Ultimate Triathlon Festival This event was held in the first weekend in April without incident. The event was reduced from two days to just the Saturday due to lower than expected participant numbers. Council has been advised that the event was ran smoothly however, one concern regarding the implementation of the Traffic Control Plans. Council was advised by a helper at the event that there was not traffic control at the outward bicycle turn arounds. This raises the question of how Council monitors the conditions of consent for these events. The meeting discussed that Council may be open to some risk if there was an incident and Council had not confirmed that the Traffic Control Plan was implemented in accordance with the approval. The Committee again discussed the issue of late submission of applications and insufficient time being provided to adequately assess, amend and approve applications.

RECOMMENDATION That Council i) Undertake a debrief with organisers of level 1 & 2 events with significant traffic

management conditions to discuss issues in relation to the traffic management.

ii) Undertake an audit of the approved Traffic Control Plans on the day of the event for the major events to ensure compliance with approval conditions.

iii) Arrange training for Council’s Events Co-ordinator in relation to requirements for traffic management. (G Gunn/D Vant)



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FORBES TRAFFIC ADVISORY COMMITTEE - REPORT TO COUNCIL – PART I – cont’d 6.1.2 Speeding in Little Union Street Following a complaint about speeding in Little Union Street late in 2016 Council undertook a week of traffic and speed monitoring. The monitoring did not show a problem however there was the chance that the speeding was being done by secondary school students and may had stopped as school had finished and therefore another monitoring was proposed after school returned in late February. The results of the additional monitoring were provided to members with the agenda. It showed generally speed is acceptable with the 95% speed at 51km/hr, however there is a small number of vehicles which are speeding along the Little Union Street notably in the morning between 8-9am, 2-5pm and 7-8pm. It was noted that one vehicle was doing 93km/hr between 3-4pm which would create a dangerous situation. It is considered that the speeding is due to a small number of drivers and that the best method to deal with the issue would be for speed enforcement. To that end the results of the monitoring were forwarded to the local Highway Patrol.

RECOMMENDATION That Council receive and note the additional monitoring undertaken on Little Union Street. (D Jeffries/D Vant) ______________________________________________________________________________

6.2 BUSINESS PENDING

6.2.1 Speed Zone Review the Northern Bypass The Roads and Maritime Services representative provided an update on progress with the Speed Zone Review. The meeting was advised that that the speed zone review is completed and an 80KPH speed limit will be applied once the new work is sealed. Further that Council needs to provide notice to the RMS once the work is complete to enable the Authority to advertise the changed speed limits prior to activation.

RECOMMENDATION That Council receive and note the progress on the speed zone review for the Northern Bypass. (D Vant/G Gunn) ______________________________________________________________________________

6.3 CORRESPONDENCE

6.3.1 Extension of No Stopping Zone in Thomson Street Council received a request to extend the ‘no stopping’ sign adjacent to 1 Thomson Street. The issues raised were that cars parked adjacent to his driveway and make it harder to reverse out onto the street safely and other vehicles parked on the street prevent road maintenance occurring and prevent the street sweeper from sweeping the road.



Page 205

FORBES TRAFFIC ADVISORY COMMITTEE - REPORT TO COUNCIL – PART I – cont’d It was noted that the existing ‘no stopping’ zone had been installed in accordance with standards to provide a clear area either side of the school crossing. Extending the no stopping length could be done as it would provide additional clearance to the crossing however it would set an unwanted precedent. The meeting considered that the issue of people parking adjacent to driveways is one that occurs all over the town, noting that it is more difficult reversing onto narrower streets when there are cars parked adjacent to the driveway, however it is not considered a legitimate reason to install or extend no stopping zones. The issue of pavement repairs is also not a valid reason, as if Council needs to undertake maintenance work on a section of road it would fence it off to prevent people parking in the area. Further, the street sweeper is an issue of timing which will be referred to the Engineering Operations Manager to determine when the street sweeper undertakes the sweeping and endeavour to modify the time or have additional sweeps to ensure the section of street is swept.

RECOMMENDATION: That Council decline the request for the extension of the ‘no stopping’ zone. (G Gunn/D Vant)

6.3.2 Request for a Give Way Sign at the End of College Road Council received a request for the installation of a give way sign near the entrance to Red Bend Catholic College citing two near head-on collisions at the gateway. Council recently installed a painted median on College Road just before the entrance with the aim of providing better alignment of vehicles as they approach the entrance. It was considered that the painted median if used properly is successful in pushing vehicles wider before the entrance and making them approach the entrance at 90 degrees rather than approaching at angle. It also allows exiting vehicles to see an approaching vehicle a little earlier than without the median. The College has asked if Council would consider a give way sign near the entrance to force approaching vehicles to give way to exiting vehicles. The College’s preference is for a give way on the town approach side because there is only limited sight distance when exiting from the College. The width of the College gate is approximately 6m which, while narrow is wide enough to enable vehicles to pass if they stay within their own lane. There are no lane markings on the internal road and the last section of BB lines was not installed prior to the gate. The College has 25km/h speed signs within the grounds and a speed hump about 20m inside the gates which slows traffic down before exiting the site and also on entry. The College advised that some drivers were cutting across the new median which would limit its effectiveness. Generally Council would not give priority to a private access road over a public road, however in this instance it is understood why the College would prefer the give way to be on the public road as an internal give way would not provide sufficient sight distance to enable vehicles to ensure there are no cars coming before they exit. It appears that many drivers are not confident to exit the gates in their own lane and tend to drive through the middle of the gates which is causing the problem. Widening the entry would be one solution to fix the problem.



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FORBES TRAFFIC ADVISORY COMMITTEE - REPORT TO COUNCIL – PART I – cont’d The gateway should be wide enough to allow vehicles to pass however there is no delineation through the gates to provide direction to drivers. Install the linemarking at the gate and internally up to the speed hump would assist keeping drivers in their lane. The new painted median should also ensure vehicles from town are approaching the entrance from the north do so at 90 degrees, providing them with a clear few of departing vehicles. If vehicles are driving over the median, the installation of raised pavement markers could encourage them to follow the guidance. If a give way sign on the public road was considered Council feels it would need to also include the road narrowing one lane signage similar to what Council has installed on the approach to Bates Bridge. Considering the issues the next step should be the provision of additional delineation and the installation of raised pavement markers along the painted median to prevent vehicles cutting across the median.

RECOMMENDATION That Council consider the installation of additional S1 line marking at the entrance to the Red Bend Catholic College and the installation of raised pavement markers along the painted median and centre lines. (D Vant/G Gun)

6.3.3 Request for Flashing Lights at the Rail Crossing at Red Bend along Wongajong Road. Council has recently received a request from the Chairman of the Red Bend Silo Committee for the installation of flashing lights at the level crossing on Wongajong Road at Red Bend silos due to the increased use by road trains. The current arrangement is stop signs at the crossing. There are guidelines in the Australian Standards in relation to sight distance requirements at rail crossings and ARTC have guidelines on the type of crossing control that is required. Council has forwarded the correspondence to ARTC to ask them to consider installation of flashing lights at the level crossing. In addition Council will undertake an investigation to determine whether the existing arrangements are in accordance with the standards. The cost to upgrade the crossing to a flashing signals would be in the vicinity of $500,000 which ARTC may request Council to fund.

RECOMMENDATION: That Council receive and note the information in relation to the request for flashing light signals at the level crossing along Wongajong Road at Red Bend. (G Gunn/D Vant) ______________________________________________________________________________



Page 207

FORBES TRAFFIC ADVISORY COMMITTEE - REPORT TO COUNCIL – PART I – cont’d

6.4 REPORTS

6.4.1 Road Safety & Injury Prevention Officer’s Quarterly Report for January to March 2017 Attached to the agenda was the report from the Local Government Road Safety & Injury Prevention Officer detailing the activities that were completed during the report period and projects planned for the coming quarter. The RSIPO advised the meeting in relation to activities completed during the period of review, being

Inaugural participation in the Yellow Ribbon National Road Safety Week program

Finalising the free cuppa program – finishing 30 May

Parents of Learner Drivers training at Red Bend Catholic College

Conducted survey of seatbelt and mobile phone use while driving Activities scheduled for the next quarter include:

Mock Crash road safety enactment for high school students

Child restraint checking day

Activation of National Heavy Vehicle Regulator Road Manager Portal Seminar in Forbes in June

Heavy Vehicle Breakfast Forum in June

RECOMMENDATION That Council receive and note information provided in the Road Safety and Injury Prevention Officer’s report for the January to March 2017 period. (D Jeffries/G Gunn)

6.5 GENERAL BUSINESS

Nil.

6.6 ANY OTHER BUSINESS: (as declared urgent by Chairperson)

6.6.1 Rear to Kerb Parking in Union Street The illegal parking in Union Street was raised as also being a safety issue. It was noted that the default parking mode is parallel parking unless signposted otherwise. The meeting noted that a letter has been forwarded to residents along Union Street advising in relation to the fact that the rear to kerb parking is creating a safety issue, particularly when people put bins out in front of the illegally parked vehicles.

RECOMMENDATION That Council receive and note the information. (D Jeffries/D Vant) ______________________________________________________________________________



Page 208

FORBES TRAFFIC ADVISORY COMMITTEE - REPORT TO COUNCIL – PART I – cont’d

6.7 DATE & TIME OF FUTURE MEETINGS

6.8 TIME OF MEETING CLOSURE

The proposed next meeting date is 24 August 2017, in the Committee Room of Council Chambers commencing at 2:00pm

There being no further business the meeting was declared closed at 3:08pm

Alignment with Strategic Plan L7.1: Provide opportunities for the community to contribute to Council’s decision making. L7.1.1: Provide opportunities for the community to contribute to Council’s decision and informed about Council activities – Maintain advisory committees to inform Council on special interest issues.

Financial and Resource Implications There is currently a budget allocated for some these works the remaining works will have to be considered in next year’s budget preparations.


Risk Considerations Works are designed to reduce risk and improve safety.

Statutory/Regulatory Implications Proposed works would be in accordance with technical standards and guidelines.

Consultation conducted Traffic Advisory Committee members, community members and stakeholders where required.

Attachments Nil



Page 209

INWARD CORRESPONDENCE

OPEN COUNCIL

PART I



Page 210

7. INWARD CORRESPONDENCE – OPEN COUNCIL – PART I

7.1 LETTERS OF APPRECIATION

Report Author: Executive Assistant Responsible Officer: Director Corporate Services

Executive Summary This report provides Council with a brief of letters of appreciation received since the last Council meeting.

Detailed Report During the exercise of its various functions, Council frequently receives letters of appreciation for services rendered or actions taken by Councillors and staff. The most recently received were from: 1. Bruce Noble thanking Council for maintenance conducted on Twelve Mile Road – “A job well

done!” 2. Forbes Neighbourhood Central thanking Council for donating the costs of the Town Hall to

conduct their monthly morning teas. “Your donation assists Neighbourhood Central in the delivery of valuation activities where frail aged people can feel supported which assists with the prevention of loneliness and isolation”.

3. Forbes Squash Club thanking Council for financial support for their recent Squash Open

which drew 63 entries. “The event was very successful and your continued support is greatly appreciated”.

4. James Janetzki thanking Council for sending out the road crew who smoothed out a small

section of road just off Bedgerabong Road. 5. Central West Libraries passing on a message from The Hon. George Souris AM thanking

Council for organising the preparations for the Library Council’s recent visit to the Central West. “I felt very proud of the public library movement when I saw such activity and would appreciate if you could pass on my sincere thanks to the councillors, council staff and library staff we met during our visit”.

6. Central West Libraries thanking Council for all the tremendous work done to make the recent

Library Council visit to Forbes run so smoothly. 7. Forbes Business Chamber advising they were very pleased to be included in the initial

planning meeting for the CBD Beautification held in May. “A number of our members expressed a strong support to be part of this project”. “The general feeling is to create a welcoming, healthy and sustainable CBD”.

RECOMMENDATION That Council receive and note the information.



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INWARD CORRESPONDENCE – OPEN COUNCIL cont’d

Alignment with Strategic Plan L3.1: Support Councillors in discharging their elected duties. Professional and timely support and assistance to Councillors and meeting of Council and Council’s Committees. Briefing provided to Councillors. Financial and Resource Implications Nil. Policy Implications Nil. Risk Considerations Nil.

Statutory/Regulatory Implications Nil. Consultation conducted Nil.

Attachments Nil.



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PUBLIC ACCESS TO COUNCIL MEETINGS

In accordance with the provisions of the Local Government Act 1993 and Local Government (General) Regulations 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. In accordance with Section 10A of the Local Government Act 1993 - Which parts of a meeting can be closed to the public? S10A Which parts of a meeting can be closed to the public? (1). A Council, or a committee of the Council of which all the members are councillors, may close

to the public so much of its meeting as comprises:

(a). the discussion of any of the matters listed in subclause (2), or (b). the receipt or discussion of any of the information so listed;

(2). 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 or 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 ground of legal professional privilege; (h). information concerning the nature and location of a place or an item of Aboriginal

significance on community land. (i). alleged contraventions of any code of conduct requirements applicable under section

440.

(3). A Council, or a committee of the Council of which all the members are Councillors, may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.

(4). A Council, or a committee of a Council, may allow members of the public to make

representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.



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CONTENTS OF CONFIDENTIAL BUSINESS PAPER

For the information of the public Council now advises that the following business, in part or in whole, is contained in the Confidential Business Paper which will be dealt with at today’s meeting. The reason the particular matter is included in the Confidential Business Paper is stated following the description of the item of business. GENERAL MANAGER 1.1 Forbes Squash Club (2). The matters and information are the following: (a). personnel matters concerning particular individuals DIRECTOR ENGINEERING AND TECHNICAL SERVICES: 2.1 Plant Replacement (2). The matters and information are the following:

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

DIRECTOR CORPORATE SERVICES 3.1 Central West Libraries Future Options Report: (2). The matters and information are the following: (a). personnel matters concerning particular individuals

BUSINESS PAPER - Forbes Shire...2017/06/15 · FORBES SHIRE COUNCIL ORDINARY BUSINESS PAPER –...

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