Draft Council Policies and Plans

Council is seeking feedback on the recently prepared Legionella Management Plan. The Public Health Act 2010 and the associated regulation requires Council Officers, building occupiers and building owners to take actions to prevent an outbreak of Legionnaires disease from cooling water systems. A cooling water system contains one or more cooling towers. These devices are used to circulate cooling water which, in turn, cools the air in air conditioning systems. A cooling tower reduces the temperature of water through evaporation (and is often described as an evaporative cooler). Cooling towers are typically found in large commercial buildings. The regulations do not apply to domestic premises.

Legionnaires disease is a serious condition, and therefore it is important that cooling water systems are well managed to protect public health. The statutory requirements in NSW are consistent with those in other states.

The Legionella Management Plan outlines the obligations of each of the key stakeholders (Council, building occupiers and building owners) in an easy to read reference document. Council is seeking feedback from the community on the Legionella Management Plan.

The draft Policy is on exhibition from Monday 22 November to Monday 20 December 2021. 

Council is seeking feedback on its draft Food premises inspection Policy.

The draft Food premises inspection Policy is provided in the document library and is on public exhibition from 2 October 2023 to 31 October 2023. 

Council is seeking feedback on its draft Advertising signs in public areas Policy.

The draft Advertising signs in public areas Policy is provided in the document library and is on public exhibition from 2 October 2023 to 31 October 2023. 

CSP and Council Policy Framework

Our Region, Our Future, Bathurst Community Strategic Plan 2022 states that Council is committed to contributing to climate change mitigation by reducing its own emissions. The Climate Change Response Framework, adopted by Council in 2020, includes the development of a Gas Transition Plan which will provide a pathway for sites currently using fossil gas to transition to other energy sources. This Policy is required to ensure that no new fossil gas installations are included in any new Council facilities.

Background

The NSW Government has an objective to deliver a 70% cut in emissions by 2035 compared to 2005 levels, on its pathway to net zero emissions by 2050. To support the NSW targets, Council has an adopted position of Net Zero emissions by 2050, with interim emissions reduction targets of 25% by 2025 and an aspirational target to achieve 60% reduction by 2035.

Greenhouse gas emissions from gas made up approximately 8.6% of Council’s greenhouse gas emissions from energy in financial year 2023, and 2% of total Council emissions.

The NSW Local Government Special Conference 2022 called on the NSW Government to “urgently develop a gas decarbonisation roadmap” (Decision 53) (NSW, 2022).

Reticulated gas at Council is used, almost exclusively, for heating (space and water). The largest use of gas is at the Bathurst Manning Aquatic Centre, which comprises 65% of reticulated gas use at Council. Gas use for space heating in public buildings makes up the balance of consumption.

The most likely pathway to reducing emissions from reticulated fossil gas is electrification of existing gas-powered heating equipment, with new equipment using electricity sourced from renewable sources. Electrification is supported as the preferred path for buildings by the Intergovernmental Panel on Climate Change and the International Energy Agency (IEA, 2021). The Australian Government’s Net Zero Strategy ‘Australia’s Long Term Emissions Reduction Plan’ also highlights electrification as a key technology available now for decarbonisation (Australian Government, 2021).

Why is it important for Council to transition away from gas?

• Reticulated gas and bottled gas used in homes and businesses in NSW is a fossil fuel which contributes to greenhouse gas emissions which are driving climate change.
• Use of gas for cooking and space heating is a known avoidable health risk. Gas stove use, for example, is estimated to cause 12% of childhood asthma in Australia (Knibbs LD, 2018).
• Transitioning away from gas powered equipment and appliances by replacing them with electric energy sources provides a path to zero emissions for facilities that currently rely on gas for heating.

The draft Transition away from gas use at Council Facilities Policy is provided in the Document Library.

These targets were adopted by Council in 2022 as part of the Bathurst Regional Council Emissions Reduction Plan.

The draft Policy is on public exhibition for 28 days from 2 April 2024 to 30 April 2024.

Council invites written submissions in relation to the draft Policy. Submissions should be lodged with Council no later than 1 May 2024.

The draft Policy is available in the document library.

Council introduced the R3 Medium Density Zone within the City of Bathurst in 2023 and applied it to lands within the Laffing Waters Master Plan precinct. Council is aware of other sites within the city for which a medium density zoning may be sought in the future.

The Bathurst 2036 Housing Strategy identifies a range of opportunities to increase living densities within the City of Bathurst, both in new release areas and as infill/urban renewal projects within the existing City footprint.

As these opportunities evolve, development might also occur within the existing and new Neighbourhood Activity Centres located within the E1 Local Centre Zone. The E1 Local Centres zone currently applies to existing Neighbourhood Activity Centres at Westpoint, Trinity Heights, and Kelso Centrepoint and to proposed centres at Laffing Waters and Eglinton.

To support these new opportunities, it is considered appropriate that guiding principles, similar to those adopted for the CBD, be considered to manage the design and function of the public realm in those localities zoned or proposed to be zoned R3 Medium Density and E1 Local Centre. It is therefore proposed that Council consider a new Policy to encourage design excellence for new developments in the R3 Medium Density and E1 Local Centre zones. It is also proposed to embed that design excellence at the strategic level when there are new planning proposals proposed to rezone lands to the R3 Medium Density or E1 Local Centre zones.

Draft Policy:

Council has placed on public exhibition a draft Policy, Urban Design Excellence – R3 Medium Density and E1 Local Centres Zone, to establish the guiding principles to encourage design excellence in the public realm of those localities zoned or proposed to be zoned R3 Medium Density and E1 Local Centre.

The draft Policy is on public exhibition for 28 days from 4 March to 5 April 2024.

Council invites written submissions in relation to the draft Policy. Submissions should be lodged with Council no later than 1 April 2024.

The draft Policy is available in the document library.

Council is seeking feedback on its Footpath Restaurants Policy.

The draft Footpath Restaurants Policy is provided in the document library and is on public exhibition from 2 October 2023 to 31 October 2023.

Council is seeking feedback on its Swimming Pool Inspection Policy.

Under the Swimming Pool Act Council must develop and adopt a program for the inspection of swimming pools in its area to ensure compliance with the Act.

The Policy deals with issues such as:

•  The inspection of residential properties at point of sale or lease
• The inspection of properties used for tourist visitor accommodation
• The charging of fees for undertaking inspections.

 The adopted approach of this Policy, therefore, is to: 

1.  Limit the inspections to those where there is a statutory obligation to do so, that is: 
   1. Commencing 29 March 2016 (or such other time that may be specified by the Department of Local Government, Council will undertake inspections (where requested to do so) at the point of sale/point of lease. 
   2. Commencing 29 March 2014, Council will undertake inspections (where requested to do so) of all tourist and visitor accommodation or more than 2 dwellings  
2. Continue to investigate swimming pools that do not comply with the applicable standards.  Where swimming pools do not comply, rectification will be required and a swimming pool compliance certificate issued. 
3. Periodically review the inspection regime to determine the number of inspections being undertaken on an annual basis. 
4. Charge the full fee as allowed for under the Swimming Pools Regulation for the carrying out of inspections. 

The draft Swimming Pool Inspections Policy is provided in the document library and is on public exhibition from 3 July 2023 to 31 July 2023.  

The Contaminated Land Policy (the Policy) describes how Council will keep relevant records regarding potentially contaminating activities and potentially contaminated land, provide information to interested parties and make decisions regarding activities on contaminated land in the Bathurst Regional Council local government area.  

The Policy provides a single document which explains the broader statutory framework for managing contaminated land in NSW. It does not create obligations on landholders which exceed the requirements within the legislation. Contaminated Land is primarily managed through the Contaminated Land Management Act 1997 and the Environmental, Planning and Assessment Act 1979.  

Since the adoption of the Contaminated Land Policy in 2016, there have been several changes to associated legislation such as the Environmental, Planning and Assessment Act 1979. The Contaminated Land Policy has been updated to reflect these changes and ensure consistency with statutory guidelines. 

Council is seeking feedback on the Control of Open Burning Policy. 

The Control of Open Burning Policy provides guidelines to the community in the application of the Protection of the Environment Operations (POEO) (Clean Air) Regulation (2021). The Policy provides a transparent framework for the management of open burning in the Bathurst Region Local Government Area and has assisted Council in mitigating the public health and environmental risks associated with unapproved or inappropriate burning of material. The Policy applies during what is known as the Open Burning Season, which is usually from 1 April to 30 September each year (but is subject to review by the NSW Rural Fire Service depending on the conditions of the season).

Most of the recommended changes to the policy are updates to various statutes which have taken place since the last review. Further, there are some minor changes recommended to reflect the current Fire Danger Ratings used by the NSW Rural Fire Service. Council is seeking feedback from the community on the proposed changes to the policy.

The draft Policy is on exhibition from Monday 22 November to Monday 20 December 2021. 

Council is seeking feedback on the Dangerous and Menacing Dogs Policy. 

The Dangerous and Menacing Dogs Policy outlines the process for reviewing representations regarding notices of intention to declare a dog dangerous or menacing, and the risk assessment tools used to determine an appropriate regulatory response to an alleged dog attack. Dog attacks are one of the more serious matters which are investigated by Council Officers, and such incidents are very upsetting for both the alleged victims and dog owners alike. The Dangerous and Menacing Dogs Policy provides transparency to the community on the regulatory response by Council in relation to these matters, and sits alongside Council’s Enforcement Policy.

As a part of the review, minor changes are recommended to the policy, as well as updates to the risk assessment matrices. This does not substantially change the application of the policy, but it is relevant to seek feedback from the community on the proposed changes.

The draft Policy is on exhibition from Monday 22 November to Monday 20 December 2021. 

Thank you for your interest in this project.   Please make your submission below.

Council has in place a range of planning instruments that from time to time require major review or amendment, instigated either by Council or by private property owners. These include:

• Local Environmental Plans (LEP)
• Development Control Plans (DCP)

The Environmental Planning and Assessment Act 1979 establishes the way in which each planning instrument can be made and amended.

In relation to the preparation of a Local Environmental Plan or an amendment to an LEP, the Department of Planning’s Local Environmental Plan Making Guideline provides further guidance on the planning proposal process, being the process required to prepare or amend the LEP.

Applications to amend the LEP are lodged through the NSW Planning Portal.

Applications to amend the DCP are made directly to Council.

Fees and charges for applications to amend (or create new) planning instruments are payable in accordance with the rates specified in Council’s annual Revenue Policy. These rates are subject to annual review.

Council has reviewed its policy “Planning Instrument Amendments and Refund of Fees”. The policy establishes the criteria upon which planning instrument amendments will be classified in regard to the application fees payable and a method of calculation for fee refunds where amendments do not proceed.


Policy Review

A review of the policy has identified that the policy is still relevant. The review recommends the following key changes to the current policy:

Simplify the policy.

The current policy outlines in detail the process to amend Council’s Local Environmental Plan (LEP) and/or Council’s Development Control Plan (DCP). The Environmental Planning and Assessment Act 1979 establishes the way in which each planning instrument can be made and amended. In relation to the preparation of a Local Environmental Plan or an amendment to an LEP, the NSW Department of Planning’s Local Environmental Plan Making Guideline provides further guidance on the planning proposal process, being the process required to prepare or amend the LEP.

This information need not be repeated in Council’s policy and so has been deleted from the revised draft policy.

Removal of references to a Development Contribution Plan

The current policy applies to the preparation of a new or an amendment to an existing Development Contribution Plan. As the costs of preparing/amending a Development Contribution Plan can be recovered from the plan itself it is considered that Council needs no longer include a fee for this service in its Revenue Policy and so does not need to include Development Contribution Plans within the revised draft policy. The relevant change will be made to the 2024/25 Revenue Policy.

Classification of amendments to the LEP and/or DCP

The revised draft policy seeks to simplify and clarify the way in which an amendment to the LEP and/or DCP may be classified in terms of the scale of fee that would be payable under Council’s revenue policy.

The current policy classifies an LEP/DCP amendment as a minor or major amendment.

The revised draft policy proposes to classify an LEP/DCP amendment as either a minor, standard or major/complex amendment (refer to part 3.0 of the draft policy).

The revised draft policy provides that the Director Environmental Planning and Building Services will determine the classification category based on the matters included in part 3.0 of the revised draft policy.

Revised LEP and DCP amendment fees based on this new categorisation are proposed to be introduced as part of the 2024/25 Revenue Policy.

Timing of Payments of Fees

Currently, Council takes one fee for an amendment to its LEP or DCP at the time the application to amend the LEP/DCP is formally lodged with Council. In most instances Council has already undertaken significant investigation into the proposal to amend the planning instrument and provided significant advice to the applicant.

The revised draft policy therefore proposes that the fee be payable at two stages throughout the process:

• Stage 1 – At pre-lodgement – prior to Council undertaking any investigative work/providing any advice.
• Stage 2 – when a formal application to amend the plan has been made.

This approach is consistent with the approach taken by most other councils in NSW and will ensure that Council resources are being compensated at the time when those resources are being committed to assist applicants.

It is proposed that transitional arrangements also be put in place such that where Council has been in pre-lodgement with an applicant prior to the adoption of the revised draft policy the pre-lodgement fee will be payable upon lodgement of the relevant amendment application where Council’s Revenue Policy, at that time, includes a pre-lodgement fee.

The revised fees for LEP and DCP amendments are proposed to be introduced as part of the 2024/25 Revenue Policy.

New GIS/Mapping Fee

A major component of many LEP/DCP amendments is mapping which takes up considerable Council resources. The NSW Department of Planning has ceased providing GIS support to councils for LEP mapping.

The revised draft policy proposes the introduction of new GIS fee/s to offset the resources Council expends on mapping amendments to its LEP and DCP.

The new GIS fee/s are proposed to be introduced as part of the 2024/25 Revenue Policy.

Refund of Fees

The way in which the refund of fees may be offered where an application to amend the LEP and/or DCP has been withdrawn by the applicant or rejected by Council at some point in the amendment process has been revised and updated to better align with the resources that have been committed by Council at that stage in the process. The pre-lodgement fee will be non-refundable once investigations by Council have commenced.

A copy of the revised draft policy is provided in the document library.


Public Exhibition:

The draft policy is on public exhibition from 22 April 2024 to 20 May 2024. Council invites submissions on the draft policy which must be lodged with Council no later than Monday 20 May 2024.

Enquiries should be directed to Council’s Environmental Planning and Building Services Dept.

Council is considering a Policy to establish a framework to guide how Council enters into Planning Agreements under the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000 in connection with the development of land in the Bathurst Region.

A planning agreement is a voluntary agreement between a developer and Council, made in conjunction with a planning proposal or development application, where the developer is required to dedicate land free of cost, make monetary contributions, or provide any other material public benefit, to be used for or applied toward a public purpose.

Where a Planning Agreement under the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000 is proposed by a developer, Council will follow the principles established in the NSW Department of Planning, Industry and Environment’s Planning Agreements Practice Note (February 2021), as amended from time to time, to negotiate, enter into and administer Planning Agreements.

Thank you for your interest in this project.   Please make your submission below.

Thank you for your interest in this project.   Please make your submission below.

Thank you for your interest in this project.   Please make your submission below.

Thank you for your interest in this project.   Please make your submission below.

Thank you for your interest in this project.   Please make your submission below.

Thank you for your interest in this project.   Please make your submission below.

Thank you for your interest in the project.   Please make your submission below.