Agenda of Ordinary Meeting

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

Reason For Report	To allow tendering of apologies for councillors not present.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 1130318

Recommendation

THAT any apologies tendered be accepted and the necessary leave of absence be granted.

General Manager REPORT

A call for apologies is to be made.

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

Reason For Report	To allow an opportunity for councillors to declare an interest in any items to be determined at this meeting.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS AND STAFF DECLARATIONS OF INTEREST - 2019 - 1130319

Recommendation

THAT the Declarations of Interest be noted.

General Manager REPORT

A call for Declarations of Interest.

ITEM 3 - DECLARATIONS FOR POLITICAL DONATIONS

REPORT IN BRIEF

Reason For Report	To allow an opportunity for Councillors to declare any Political Donations received.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 1130320

Recommendation

THAT any Political Donations be noted.

General Manager REPORT

A call for declarations of any Political Donations.

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

Reason For Report	To allow noting of the Mayoral appointments plus other Councillors' activities Reports.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 1130321

Recommendation

THAT the information contained in the Mayoral Minute be noted.

General Manager REPORT

A call for the Mayoral appointments and attendances as well as other Councillors’ activities reports to be tabled/read out.

ITEM 5 - COMMITTEE OF THE WHOLE

REPORT IN BRIEF

Reason For Report	Enabling reports to be considered in Committee of the Whole to be called.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g. Code of Meeting Practice adhered to
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 1130322

Recommendation

THAT Councillors call any items that they wish to be debated in Committee of the Whole.

General Manager REPORT

Council’s Code of Meeting Practice allows for the Council to resolve itself into “committee of the whole” to avoid the necessity of limiting the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

This item enables councillors to call any item they wish to be debated in “committee of the whole” at the conclusion of normal business.

The debate process during a ‘normal’ Council meeting limits the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

Items should only be called at this time if it is expected that discussion beyond the normal debate process is likely to be needed.

ITEM 6 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

Reason For Report	Enabling procedural reports to be adopted.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 1130323

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. Items 7 to 10 be moved and seconded.

General Manager REPORT

Items 7 to 10 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group. Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

ITEM 7 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of the Minutes
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	1. June 23 2020 Council Meeting Minutes ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2019 - 1130328

Recommendation

THAT the minutes of the Ordinary meeting held 23 June 2020 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement:

1. Minutes of the Ordinary Council meeting held on 23 June 2020.

ITEM 8 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FINAL HALF YEARLY REPORT

REPORT IN BRIEF

Reason For Report	To provide council with the final half yearly review for the 2019/2020 Integrated Planning & Reporting Operational Plan.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. Operational Plan 2019/20 - Final Half Yearly Review ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2019-2020 - 1137076

Recommendation

THAT, subject to any alterations the council deems necessary at the July council meeting, the update of the Operational Plan to 30 June 2020, as presented be adopted.

Deputy General Manager - Cabonne Services REPORT

The Local Government Act (s404(5)) states that progress reports must be provided to Council at least every six months.

The purpose of this report is to allow council to assess its performance against its agreed objectives, actions and strategies.

Updates for the Integrated Planning & Reporting Operational Plan 2019/2020 for the six-month period ending 30 June 2020 is attached which shows the culmination of the actions and strategies undertaken during the year.

ITEM 9 - FURTHER JUNE 2020 LOCAL TRAFFIC COMMITTEE ITEMS

REPORT IN BRIEF

Reason For Report	For Council to ratifiy and acknowledge Local Traffic Committee items
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	1. Pollie Pedal letter of consent Cabonne ⇩ 2. COT20 MR_200530 - Date Change ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 1140855

Recommendation

THAT Council ratify and acknowledge the items as presented.

Department Leader - Assets & Technical Support's REPORT

Cabonne Council has received a request for an event of a roadway, which was submitted following the closing date of the Traffic Committee meeting held in June.

An accepted convention in these matters is to consider the matter out of meeting, through informal means, with the consensus of the committee to be ratified by Council.

The following matters were considered on 17 June 2020.

ITEM 01. Pollie Pedal 2020 Charity Cycle Ride

Report:

Council has received a request from Graeme Northey, Director, Pollie Pedal to utilise roads in Cabonne LGA for 23^rd Charity Cycle Ride.

Date of Event:

22 September 2020 – Belubula Way

George Russel Dr

Tilga Street

Proposed event is 23^rd Charity Cycle Ride held from 20 to 23 September starting and finishing in Canberra.

Recommendation:

That the event be accepted and approved subject to the conditions.

1. Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the "Guide to Traffic and Transport Management for Special Events" (RTA, v3.5 August 2018) for a Class 3 event

2. NSW Road Rules being observed by participants at all times

3. Written Approval being obtained from NSW Police

4. Written Approval being obtained from all affected Local Government authorities

5. The event organiser notifying all emergency services of the event

6. The event organiser notifying the residents by letterbox drop and publishing in the local newspaper including all relevant signage

7. The event organiser debriefing Council on the event. This includes notifying Council of all incidents or near misses that occur during the event.

8. Current Public liability insurance certificate with Cabonne Council as an interested party.

E-Local Traffic Committee recommended the date of event on 22 September 2020 subject to the conditions. TfNSW has provided the letter of consent for the event to be conducted on Belubula Way.

Approval was communicated to the Organisers pending ratification from the Council and this Action is recommended to be ratified.

Classic Outback Trial 2020:

Road closure Waterhole Creek Road between Reedy Creek Road and Mackeys Creek Road on 11 August 2020 (8.00am-1.00pm) was approved by the Council in June Council meeting. Later, Philip Bernadou has informed the Council re the postponement of the event due to the effect of Covid-19. The new date is 3 November 2020.

The new date of 3rd November 2020 is recommended to be acknowledged.

ITEM 10 - COMPULSORY ACQUISITION OF EASEMENTS OVER CROWN LAND FOR PIPELINE AT ORANGE

REPORT IN BRIEF

Reason For Report	Compulsory acquisition of easements over Crown land under sections 186 and 187 of the Local Government Act 1993 (NSW).
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.1.1.b - Continue to maintain drinking water management system
Annexures	1. Site Map ⇩ 2. Crown Land Easement Plan adjacent to Lot 7001 DP1000813 ⇩ 3. Crown Land Easement Plan adjacent to Lot 12 DP 718922 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\ACQUISITION AND DISPOSAL\ORANGE TO MOLONG PIPELINE EASEMENTS - CROWN LANDS - 1141048

Recommendation

THAT Council:

1. Pursuant to Sections 186 and 187 of the Local Government Act 1993 (NSW) compulsorily acquire easements over the land (“Land”) described as:

a) Crown land/Crown waterway located within/adjacent to the area of Lot 7001 DP 1000813;

b) Crown land/Crown waterway located within/adjacent to the area of Lot 12 DP 718922

for the purpose of an Easement for Water Supply as defined in Schedule 4A of the Conveyancing Act 1919 in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2. Gives authority to the General Manager to negotiate the terms of the acquisition on behalf of Council.

3. Make an application to the Minister for Local Government and the Governor for the compulsory acquisition of the Land.

4. Grant authority to affix the Common Seal of Council to any acquisition documentation associated with the land.

Department Leader - Assets & Technical Support's REPORT

Council constructed portions of the Orange to Molong Creek Dam water pipeline on Crown lands/waterways adjacent/within Lot 7001 DP 1000813 and Lot 12 DP 718922 under the Restart NSW Regional pipeline project.

It is recommended that pursuant to Sections 186 and 187 of the Local Government Act 1993 (NSW) Council compulsorily acquire easements over the Crown Land adjacent/within Lot 7001 DP 1000813 and Lot 12 DP 718922. The site map and the plans of acquisition of the easement have been included in the attached Annexures 1, 2 and 3.

ITEM 11 - BLAYNEY, CABONNE, ORANGE (BCO) COUNCIL ALLIANCE - ESTABLISHMENT

REPORT IN BRIEF

Reason For Report	Council is to consider entering into a cooperative alliance with its neighbouring councils being Blayney and Orange City Council.
Policy Implications	Nil
Budget Implications	There is no request for any financial contribution for the BCO Alliance. Any costs which at this stage is limited to staff time, Councillor travel and meeting expenses is considered within the current budget allowances.
IPR Linkage	4.5.1.b - Maintain strong relationships and liaise effectively with all relevant Government agencies and other councils
Annexures	1. BCO Alliance Draft MOU ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\BLAYNEY COUNCIL - 1140943

Recommendation

THAT Council approve the Mayor and General Manager to sign the BCO Alliance Memorandum of Understanding at a formal event to be held in September 2020 on a date to be confirmed.

General Manager's REPORT

Strategic Alliances of councils, whereby the delivery of services and resources are shared or works contracted by one council for another, is not new to local government. In fact, Blayney Shire and Cabonne Councils were founding members of the WBC Strategic Alliance.

The WBC Alliance was established in 2004 as a response to impending mergers at the time. After some initial projects and early achievements, an Executive Officer was engaged in 2008 until the Alliance ceased in 2017. This position led the collaborative project work, joint tendering and purchasing with accumulated estimated and real savings over the 15 years totaling $5 million.

In line with the final WBC Alliance report presented to council in March 2017, Council has been committed to strengthening connections and engaging with like-minded rural councils in the region.

A meeting was held in late June 2020, with the Mayors and General Managers of Blayney, Cabonne and Orange City to discuss the proposed strategic alliance of the 3 councils.

Blayney, Cabonne and Orange City have worked collaboratively on a number of strategic documents over the past few years including the Regional Economic Development Strategy and the BCO Sub-Regional Rural and Industrial Land Strategy. Pooling tourism and destination marketing resources to establish Orange360 is an example of what councils working together can achieve.

The organisational scale, size and geographical fit are considered a positive for this new strategic alliance between Blayney Shire, Cabonne and Orange City Councils.

A draft Memorandum of Understanding has been prepared and is attached to this report for council information. When each council has had the opportunity to consider and approve this MOU, Mayors and General Managers will sign at a combined council event on a date to be organised.

All Councillors will be invited attend the BCO Alliance MOU signing event with an information and networking session planned for August.

The Local Government Act (1993) provides the framework that enables councils work together to share knowledge, resources and services.

A guidance paper ‘Collaboration and Partnerships between Council’s (2007)’ outlines the legislative considerations, provides case studies and offers practical advice in regards to strategic planning, identifying opportunities for collaborative partnerships and developing a business plan.

This paper is accessible on the Office of Local Government (OLG) website

https://www.olg.nsw.gov.au/wp-content/uploads/Collaboration-and-Partnerships-between-Councils-A-Guidance-Paper-2007.pdf

There are several governance models councils use to share services which includes;

· An arrangements supported by a formal agreement or MOU,

· A committee of council under the Local Government Act (1993),

· A Joint Organisation as legislated by the Local Government Act (1993),

· An incorporated association under the Associations Incorporation Act (2009); or

· A council-owned company under the Corporations Act (2001)

JOs are a local government entity with legal powers to support councils to work together to improve regional and rural outcomes and may support member councils through sharing staff, expertise and resources. The BCO Alliance will not diminish the membership or engagement from Blayney, Cabonne and Orange with the Central NSW JO.

The BCO Alliance will operate under a formal agreement and MOU.

The NSW Auditor General performance audit focused on Shared Service in Local Government and the subsequent report published in 2018, recommend the following:

1. Councils should base their decision to engage in shared services on a sound needs analysis, a review of service delivery models and a strong business case, which clearly identifies the expected costs and benefits. This should align with councils’ Delivery Program and Community Strategic Plan.

2. Councils should collect baseline information, monitor and evaluate services that will be shared. They should also ensure that services perform to expectations.

3. Councils should ensure that the governance models they select to deliver shared services are fit for purpose. They should ensure clear roles, responsibilities, accountability and transparency of decisions.

4. Councils should build the capability of councillors and council staff in the areas of assessing and managing shared services, leading to better understanding of opportunities and management of risk.

The report may be found on the NSW Audit website https://www.audit.nsw.gov.au/our-work/reports/shared-services-in-local-government

It is envisaged the first Strategic Plan of the BCO Alliance will address each of the recommendations from the NSW Audit Office report.

ITEM 12 - LOCAL GOVERNMENT REMUNERATION TRIBUNAL - ANNUAL REPORT & DETERMINATION 2020

REPORT IN BRIEF

Reason For Report	To advise councillors of the Local Government Remuneration Tribunal Annual Report & Determination 2020
Policy Implications	Council's policy is that council continue to pay fees to councillors and the Mayor at the maximum amounts
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	1. Local Government Remuneration Tribunal - Annual Report and Determination 2020 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT REMUNERATION TRIBUNAL - 1135026

Recommendation

THAT from 1 July 2020 the annual fees payable to each councillor remain at $12,160 and the additional annual fees payable to the Mayor remain at $26,530 as determined by the Local Government Remuneration Tribunal.

Department Leader - Governance & Corporate Performance's REPORT

The Local Government Remuneration Tribunal (the Tribunal) is required to report to the Minister for Planning and Public Spaces by 1 May each year as to its determination of categories of councils and the maximum and minimum amounts of fees to be paid to mayors, councillors, and chairpersons and members of county councils.

In response to the COVID-19 pandemic the Minister for Local Government, the Hon Shelley Hancock MP, made the Local Government (General) Amendment (COVID-19) Regulation 2020 which extends the time for the making of the determination to no later than 1 July 2020.

Categories

Section 239 of the Local Government Act (1993) (the Act) requires the tribunal to determine the categories of councils and mayoral offices at least every 3 years. The Tribunal last undertook a significant review of the categories and the allocation of councils into each of those categories in 2017. In accordance with the Act the Tribunal undertook a review of the categories and allocation of councils into each of those categories as part of the 2020 review.

In reviewing the categories, the Tribunal examined a range of statistical and demographic data and considered the submissions of councils and Local Government NSW (LGNSW). Having regard to that information, the Tribunal has determined to retain a categorisation model which differentiates councils primarily on the basis of their geographical location, and the other factors including population, the sphere of the council’s economic influence and the degree of regional servicing.

In accordance with s239 of the Act, the categories of councils have been determined as follows:

Metropolitan	Non-metropolitan
Principal CBD	Major Regional City
Major CBD	Major Strategic Area
Metropolitan Large	Regional Strategic Area
Metropolitan Medium	Regional Centre
Metropolitan Small	Regional Rural
	Rural

Cabonne Council remains categorised as Rural.

Fees

The tribunal has determined that there will be no increase in the minimum and maximum fees applicable to each existing category. For the new categories, the Tribunal has determined fees having regard to relevant relativities.

Pursuant to s241 of the Act, the annual fees to be paid to the Mayor and Councillors in the Rural Category from 1 July 2020 is in the following range:

	Minimum	Maximum
Councillor	$9,190	$12,160
Mayor	$9,780	$26,530*

*This fee must be paid in addition to the fee paid to the Mayor as a Councillor in accordance with s249(2) of the Local Government Act (1993).

It should be noted that Council’s Councillor and Mayoral Fees Annual Review Policy states that Council continue to pay fees to Cabonne Councillors and the Mayor at the maximum allowable amount.

ITEM 13 - 2020 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE

REPORT IN BRIEF

Reason For Report	Seeking authorisation to send delegates to the 2020 Local Government NSW Annual Conference and development of motions to be submitted.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.b. Maintain strong relationships and liaise effectively with all relevant government agencies and other councils
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\CONFERENCES\LGNSW CONFERENCE - 1141159

Recommendation

THAT Council:

1. Be represented at the 2020 Local Government NSW Annual Conference by the Mayor or his delegate, observers nominated by Council, and the General Manager or his alternate delegate in an advisory capacity; and

2. Identify issues and/or motions to be submitted to the conference.

Governance Officer's REPORT

The annual conference of Local Government NSW is being held from Sunday 22 November to Tuesday 24 November 2020 at the Crown Plaza, Lovedale in the Hunter Valley.

Councils are invited to submit motions for consideration at the conference. Proposed motions should be strategic, affect members state-wide and introduce new or emerging policy issues and actions. Cabonne has in recent years submitted motions relating to rate exemptions of state-owned corporations, food security and sustainability including introduction of legislation to protect the ‘right to farm’, regional road funding and water security.

Council’s policy for the attendance of delegates and representatives at the LGNSW Conference is that the Mayor attends, if available, as Council’s official delegate, with the General Manager attending in an advisory capacity. Council has also previously provided for up to two other councillors being able to attend as observers, and in 2019 three observers attended; those being Clrs Jones, Weaver and Oldham.

ITEM 14 - REQUEST FOR DONATION

REPORT IN BRIEF

Reason For Report	For council to consider the donation request received
Policy Implications	Nil
Budget Implications	To be funded from council's s.356 budget allocation
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. Molong Community Garden Request ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2020 - 1140608

Recommendation

THAT Council donate $500 to Molong Community Garden.

Department Leader - Community Services' REPORT

Molong Health One have written to council on behalf of the Molong Community Garden seeking a donation towards the Community Garden, which is in the grounds of the St Johns Church. The garden has been running successfully for several years, however due to COVID-19 and other personal factors there has been a significant decrease in volunteer numbers.

To ensure the community garden continues in the future a donation would go towards purchasing soil and mulch for raised garden beds, a retractable garden hose and reel, hand gardening tools, netting to protect plants against damage from birds, and seating.

Long term, the Molong Community Garden aims to support individuals and community venues by providing fresh healthy food.

Should council wish to make this donation there remains $7,844 in the s.356 budget for donations this financial year.

ITEM 15 - UNSPENT EXPENDITURE REVOTED TO 2020/2021 BUDGET

REPORT IN BRIEF

Reason For Report	To seek Council approval for the works listed in the attachment that did not commence as anticipated in the 2019/2020 financial year and need to be included in the 2020/2021 budget
Policy Implications	Nil
Budget Implications	Items revoted will affect the 2020/2021 budget result
IPR Linkage	4.5.5.h - Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements
Annexures	1. Revoted Expenditure ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\CABONNE COUNCIL ANNUAL BUDGET - 1140905

Recommendation

That the works listed in the attachment be included in the 2020/2021 budget.

Department Leader - Finance REPORT

Council approval is required to revote works that were originally budgeted for in the 2019/2020 financial year and that have not commenced.

A list of works is attached, also detailing the funding of the works.

ITEM 16 - EVENTS ASSISTANCE PROGRAM

REPORT IN BRIEF

Reason For Report	For Council to consider carrying over the $500 Events Assistance Program granted funding 2019/2020 to SMARTS.
Policy Implications	Nil
Budget Implications	NIL
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. Spring Molong Arts Festival - Letter re launch of SMARTS - 18 September 2020 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2019 - 2020 - 1140411

Recommendation

THAT Council approve the carryover of EAP Funding of $500 to the Spring Molong Arts Festival (SMART) for the event scheduled in 2021.

Leader - Community & Economy's REPORT

Council has received a letter from Spring Molong Arts Festival (SMARTS) requesting to carryover the received EAP funding for the event now re-scheduled to take place in 2021 under assistance from the Events Assistance Program (EAP).

Council’s Tourism and Community Development Coordinator has provided the following assessment.

“Council received a letter from the Spring Molong Arts Festival (SMARTS) dated 16 June 2020. Due to the COVID-19 pandemic the SMARTS event scheduled for March 2020 was postponed and rescheduled to take place in August 2020.

Unfortunately, due to the current restrictions the Department of Education will not provide approval for outdoor events at this stage. Therefore, due to this uncertainty they are now forced to reschedule the event again to take place later in 2021 with a launch to promote the event in November 2020.

SMARTS have requested that council’s generous EAP grant funding of $500 remain in their account to be available for the rescheduled event. Many items such as website, design of entry forms and other material have taken place.“

ITEM 17 - FAIRBRIDGE CHILDREN'S PARK - ACCEPTANCE OF DONATED ASSET

REPORT IN BRIEF

Reason For Report	Consideration of a request for council to accept the donation of new park assets at Fairbridge Children's Park
Policy Implications	Update to Asset Management Policy required
Budget Implications	Funding of operations and maintenance, approximately $15,000 per annum from existing park maintenance allocation
IPR Linkage	4.2.1.d - Promote Fairbridge Memorial concept
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\PLANNING\GARDENS OR RESERVES - 1140960

Recommendation

THAT Council:

1. Accept the donation of Fairbridge Children’s Park, and the transfer of assets contained therein;

2. Authorise the General Manager to write to the Old Fairbridgians Association to accept the transfer of assets; and

3. Authorise a budget allocation of $15,000 to undertake routine operations and maintenance for the park, to be recognised in the 2020 first quarter budget review.

Deputy General Manager - Cabonne Infrastructure's REPORT

Background

At its Ordinary Meeting dated 27 February 2018, Cabonne Council considered a proposal from the Old Fairbridgians Association, requesting in-principle support to establish a roadside park. This park, located at the then existing Fairbridge Farm Memorial Park on Mitchell Highway, is to commemorate the lives and experiences of the Fairbridge Children.

At this meeting, Council Resolved:

“THAT Council provide in-principle support of the proposed Fairbridge Children’s Commemorative Park and continue to liaise with the management committee regarding land usage and development requirements”.

Following advocacy efforts made by the Association, grant funding was awarded to the Old Fairbridgians Association, and the park redevelopment planning was undertaken by landscape architects.

Construction of the new park commenced in November 2019, and the works have been reported by the Old Fairbridgians Association to be completed. The official opening of the Fairbridge Children’s Park occurred on 14 March 2020.

In a letter from the Old Fairbridgians Association dated 25 June 2020, Cabonne Council has been requested to accept the donation of the park assets that have been constructed.

Discussion

The request for asset handover, is a simple exchange of letters to formalise the intent of the Old Fairbridgians responsibilities of the asset and confirming Cabonne Councils management of the asset into the future. The subject parcel of land of which the park is located is council Freehold Land, which is designated as recreational, and therefore no transfer of property is required in the transaction.

Inspection of the completed works at the park show that the infrastructure that has been provided is in a sound condition and does not present a risk of premature failure. Several maintenance items were raised during the inspection, of which the contractor has rectified to the satisfaction of council.

An assessment of the ongoing operational needs of the park has been undertaken, with an estimate of approximately $15,000 per annum required to maintain the park. This amount is an estimate and would be expected to fluctuate with season and priority of service levels across all council assets.

With regards to ongoing service level and consultation on the park management, council is currently undertaking the drafting of a standalone Plan of Management for the Fairbridge Children’s Park, which will list the Old Fairbridgians Association as a key stakeholder.

Should council be of a mind to accept the handover of the park asset, this advice would be forwarded to the Old Fairbridgians Association, and the park would become open to public access immediately.

Policy Review

During this process, it has been identified that council does not have a policy with regards to the accepting of donated assets. It is suggested that the donation of assets be included within the Asset Management Policy, which will set principles with regards to acceptance of donated assets.

ITEM 18 - CUMNOCK FLOODPLAIN AND DRAINAGE INVESTIGATION

REPORT IN BRIEF

Reason For Report	Consider options to progress concerns of the Cumnock Community with regards to flooding and drainage in the township
Policy Implications	Nil
Budget Implications	Preliminary investigations and issues paper will cost approximately $33,000, which has not been budgeted.
IPR Linkage	5.2.1.b - Undertake creek and river operations
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\REPORTING\FLOODS - 1141044

Recommendation

THAT Council:

1. Undertake the investigation and review of Cumnock Flooding and Drainage; and

2. Fund to the amount of $33,000 for the Cumnock Flood and Drainage Review, to be allocated in the 2020/21 First Quarterly Budget Review.

Deputy General Manager - Cabonne Infrastructure's REPORT

Background

At its Extraordinary Meeting dated 9 June 2020, council considered a petition lodged with regards to Cumnock floodplain management.

At this meeting, council resolved:

“THAT Council:

1. Receive the Cumnock Floodplain Management Petition;

2. Write to the lead petitioner advising that the petition has been accepted in accordance with Council’s Draft Petition Operational Policy; and

3. Call for a future report to be presented on Cumnock Township Floodplain Management”.

Discussion

The petition that has been received makes particular note of the rainfall event of which occurred 25 March 2020, in which three houses were adversely affected which are situated directly adjacent to Doughboy Creek. Rainfall during this rain event was approximately 93mm.

As a result of this event, council officers met several Cumnock community members, where it was agreed to apply for environmental permits, proposing to remove two trees which were causing obstruction to the creek flow. The permits were received, with approval to remove one log, and the reorientation of another. These works have now been completed.

Further, the petition states that this situation is extensive, and has caused continual issues over Cumnock’s history.

A review of council’s records has not provided a documented history of issues in Cumnock, which makes it difficult to ascertain the circumstances, extent and severity of the issues, apart from the event in March 2020. There is however local knowledge and historical evidence to support that there is flash flooding events in the village of Cumnock. Therefore, it would be prudent, prior to forming a Floodplain Management Advisory Committee, to ascertain data and undertake community consultation to support the specific issues that would need to be addressed by such a committee.

The preliminary investigation would consist of a hydrological review of the catchment, which will provide the extent and frequency of flooding events, which provides context of risk that flooding causes to the community.

In conjunction with the investigation works, community consultation will be undertaken which will inform the data and information within the preliminary investigation. An issues paper will result from this body of work, which can be considered by council when determining the establishment of a Floodplain Management Advisory Committee.

The investigation and hydrological review are proposed to be undertaken by a consultant, and a budget will need to be established to progress this work. An upper limit estimate of $33,000 has been placed on this work, although it is expected to be less than this amount.

ITEM 19 - REVISION OF DRINKING WATER MANAGEMENT SYSTEM (DWMS)

REPORT IN BRIEF

Reason For Report	The addition of emergency water supply from Orange constitues a need to update the Drinking Water Management System to include an additional water source.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.1.1.b - Continue to maintain drinking water management system
Annexures	1. Drinking Water Quality Policy - Draft ⇩
File Number	\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\PLANNING\DRINKING WATER MANAGEMENT PLAN - 1141226

Recommendation

THAT Council:

1. Adopt the updated Cabonne Council Drinking Water Management System;

2. Adopt the draft Drinking Water Quality Policy; and

3. Note the actions and improvement plan identified through the Drinking Water Mangement System review process.

Deputy General Manager - Cabonne Infrastructure's REPORT

NSW Public Health Act 2010 requires all water utilities to produce a Quality Assurance Program in the form of a Risk Based Drinking Water Management System (DWMS). Water Utilities are required to update and maintain adherence to their DWMS.

The last update to Cabonne Council’s Drinking Water Management System (DWMS) was in 2016 (City Water Technology). The current review has been undertaken by Atom Consulting to satisfy two requirements:

· Identify within the DWMS the additional water supply source of the Orange Molong Pipeline

· Undertake a review to ensure adherence to the Australian Drinking Water Guidelines 2011

Within the process of review, a number of actions are identified as a process of continual improvement. A total of 29 actions have been identified and form an improvement plan for Cabonne Water Utility to undertake.

Further work will be undertaken in consultation with Atom consulting to meet the actions in the improvement plan:

· Critical Control Point procedure and incident and emergency response plan

· Operational Verification and Operational monitoring plan development

· Development and review of Standard Operating Procedures

Further impending updates to the DWMS are required due to further modification to the water supply system:

· The inclusion of the Molong Town Emergency Bore as a raw water source

· The inclusion of Yeoval and Cumnock villages as part of the supply system

The adoption of the Cabonne Council Drinking Water Management System V.5 (2010) will ensure compliance with the NSW Public Health Act 2010.

ITEM 20 - EUGOWRA VOLUNTARY PURCHASE

REPORT IN BRIEF

Reason For Report	Council to select the property for the voluntary purchase in Eugowra.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.2.2.a - Implement Eugowra Floodplain Management Plan
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION\EUGOWRA FLOODPLAIN - 1140749

Recommendation

THAT Council:

1. Select the property 8 North Street, Eugowra, for the voluntary purchase in the 2020/21 financial year subject to the availability of funding contribution from the NSW Office of Environment and Heritage (OEH);

2. Initiate the discussion with the OEH for the availability of the funding contribution and apply for funding for the voluntary purchase of 8 North Street, Eugowra; and

3. Consult with the Eugowra Consultative Floodplain Committee in regard to the proposed Eugowra voluntary purchase.

Department Leader - Assets & Technical Support's REPORT

Cabonne Council’s Voluntary Purchase Scheme in Molong and Eugowra has been in operation for many years. The object of the scheme is to voluntarily acquire flood-affected properties nominated in the relevant flood studies and clear the land allowing the house owner to relocate out of the floodway. The acquired land is classified as operational land.

Council purchases one property per year generally alternating between Molong and Eugowra depending upon funding available from the New South Wales Office of Environment and Heritage (OEH). In the past, two thirds of the funding was provided by the OEH and one third from council’s budgeted funds for the voluntary purchase scheme.

In the 2019/20 financial year, council purchased flood affected property 7 Betts Street Molong under the partial funding of OEH.

In the 2020/21 financial year, council has so far received one request to voluntary purchase 8 North Street Eugowra, from the concerned property owners. This property is identified for voluntary purchase in Eugowra Floodplain Risk Management Study.

It is recommended council select the property being 8 North Street, Eugowra, for the voluntary purchase in 2020/21 financial year, subject to the availability of funding contribution from the OEH. It is also recommended council initiate discussion with the OEH for the availability of the funding contribution and apply for funding for the voluntary purchase of 8 North Street, Eugowra.

ITEM 21 - WAIVING OF FOOD PREMISES INSPECTION FEES FOR 2020/21 - COVID BUSINESS RECOVERY RESPONSE

REPORT IN BRIEF

Reason For Report	To obtain council resolution to waive the standard fee for annual food shop inspection for 2020/21
Policy Implications	Nil
Budget Implications	Supporting the recommendation would impact council's food inspection income by approximately $10,800 in the current financial year.
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\INSPECTIONS\FOOD INSPECTIONS - 2020 - 1140863

Recommendation

THAT council waive the fee for annual initial food inspections for the financial year 2020/2021 as a good will initiative towards Cabonne business premises during the Covid pandemic.

Deputy General Manager - Cabonne Services REPORT

Council’s adopted fees and charges includes an annual inspection fee of food premises within the shire. The fee is set at $120 plus $50 administration fee, and is a cost recovery fee relating to council’s legal obligations to inspect commercial premises where food is prepared and offered for sale.

As an initiative to assist the food premises operating within the Cabonne Local Government Area in their business recovery during the Covid pandemic, it is suggested that council give consideration to waiving or reducing the initial food premises inspection fees for the 2020/2021 financial year. Where premises require follow up inspections, an additional fee of $150 applies. It is suggested that the improvement inspection fee be retained.

There are approximately ninety (90) food premises within the shire that are subject to annual inspections. This equates to a cost recovery income by council of approximately $10,800 per annum plus $4,500 in administration fees. Council is obligated by legislation to undertake food premises inspections, and whether required follow up inspections. The fees as set by council’s annually adopted Fees and Charges, reflects the cost recovery of providing this service. It is suggested however that as a good will gesture to the Cabonne business houses that the council consider waiving or reducing the annual inspection fee during the current Covid pandemic. In supporting this suggestion it needs to be noted that the loss of income to the Development Unit would need to be absorbed within the overall council budget.

ITEM 22 - REQUEST FOR DONATION OF FEES EQUIVALENT OF DEVELOPMENT APPLICATION FEE CUDAL AND DISTICT MENS SHED INC.

REPORT IN BRIEF

Reason For Report	For council to consider the request for donation of fees
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2020\03-2020-0039 - 1140544

Recommendation

THAT Council donate from its s356 budget to the Cudal and Districts Men’s Shed Inc the sum of $880.50, being the construction certificate fee (including GST) paid to council in relation to DA 2020/039 for the construction of additions to the Cudal and Districts Men’s Shed Inc.

Department Leader - Development Services' REPORT

Council has received a request from the president of the Cudal and Districts Men’s Shed Inc. seeking council’s consideration of a donation equivalent to fees paid in association with the development application and construction certificate for DA 2020/0039 for construction of additions to the Cudal and Districts Men’s Shed Inc.

The fees paid totalled $880.50.

The Development Application was approved on 27 September, 2019 and the construction certificate was approved 21 May, 2020.

The fees paid for this Development Application and Construction Certificate (including GST) consisted of the following:-

Development Application $ 227.00

Construction Certificate $ 153.50

Inspections $ 300.00

Occupation Certificate $ 200.00

Total $ 880.50 (includes GST $80.04)

Under Council’s policy, fees for inspections and occupation certificates are not eligible for donation under delegation and requires approval from council.

Council’s Donations policy (dated 17 December 2012) includes the following procedural statements:

1. Development Application (DA) fees

Council will donate an amount equal to refunding the actual amounts paid as Council DA fees and charges, as defined, in instances relating to Council owned / controlled or Crown Land where the improvement would become a Council Asset.

Any requests for a refund/donation of DA fees by Not-For-Profit/Community Organisations will be submitted for consideration by Council with the amount to be refunded / donated to be determined on a case by case basis.

For clarity it is noted the following fees are not eligible for donation: statutory fees such as long service levy, advertising, planning reform (plan first levy) and other fees which may be charged including inspections, occupation certificate, subdivision, subdivision certificates, integrated development and principal certifying authority.

All fees associated with development applications, construction certificate applications and complying development applications are to be paid with the application. Requests for a refund of DA fees are to be made in writing on the prescribed form, stating the grounds or reasons justifying why Council should donate an amount equal to the relevant fees.

Fees to be donated back to the applicant will only be donated after determination of the relevant application.

Council staff may process any such requests within the limits of the policy. Any requests exceeding the policy are to be reported to Council for consideration.

ITEM 23 - DEVELOPMENT APPLICATION 2020/0086 LOT 50 DP 808694, 457 NANGAR ROAD CANOWINDRA

REPORT IN BRIEF

Reason For Report	To seek council's resolution to refuse DA 2020/0086
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2020\03-2020-0086 - 1140496

Recommendation

THAT Development Application 2020/0086 for a boundary adjustment at Lot 50 DP 808694, 457 Nangar Road, Canowindra be refused for insufficient information being submitted to council to enable determination of the application.

Department Leader - Development Services' REPORT

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee. A division under s375A of the Act is required when determining this planning application.

Political Disclosures

In accordance with s10(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of the application and concluding when the application is determined.

In accordance with s10(4) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

Political donations and gifts (if any) to be disclosed include:

· All reportable political donations made to any local councillor or Council,

· All gifts made to any local councillor or employee of the Council.

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of the development application submitted for a Boundary Adjustment at Lot 50 DP 808694, 457 Nangar Road, Canowindra.

It is recommended that the application be refused due to insufficient information being provided to Council. The information provided does not identify another lot with which the boundary adjustment is to take place. In addition, no landowners consent from the adjacent property owner has been provided. The applicant has been given ample time to address the insufficiencies in the information. As such, the application does not comply with the requirements of Schedule 1 of the Environmental Planning and Assessment Regulation 2000 for documentation required for a Development Application.

Applicant: C. Kinsela & L Piddington

Owner: C. Kinsela & L Piddington

Proposal: Boundary Adjustment

Location: Lot 50 DP 808694, 457 Nangar Road, Canowindra

Zone: RU1 Primary Production

PROPOSED DEVELOPMENT

Council's consent is sought for a boundary adjustment of the subject lot. The application is unclear as to which adjoining property the adjustment is proposed to take place with. In addition, the amount of land to be transferred is unclear.

Council has requested clarification from the applicant initially on 10 December 2019 following the lodgment of the application. A subsequent request for additional information was made on 25 May 2020. To date no additional information or enquiries from the applicant have been made. As such it remains unclear what the applicant is seeking consent for.

MATTERS FOR CONSIDERATION

The information provided does not comply with the requirements of Environmental Planning and Assessment Regulation 2000 Schedule 1 given that:

· No landowners consent has been provided (Required by Clause 1(1)(i))

· No clear site plan has been provided (Required by Clause 2(2))

· No clear sketch of the proposed development has been provided (Required by Clause 2(3))

Due to the insufficiencies in the information provided, Council is unable to undertake an assessment of the proposed development under Environmental Planning and Assessment Act 1979 (The Act). In addition, Council would be in breach of the Act as no landowner’s consent has been provided by the adjoining landowner (who has not been identified). As such, Council has no choice but to refuse the development application.

SUMMARY

The proposed development does not comply with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000. As such, the development application is to be refused pursuant to clause 4.16(1)(b) Environmental Planning and Assessment Act 1979.

ITEM 24 - DEVELOPMENT APPLICATION 2020/0154 - FENCE- LOT 23 DP 848546 - 82 MARSDEN STREET, MOLONG

REPORT IN BRIEF

Reason For Report	To obtain council resolution to refuse DA2020/0154
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2020\03-2020-0154 - 1138455

Recommendation

THAT Development Application 2020/0154 for a fence at 82 Marsden Street, Molong, be refused for the following reasons:

1. The development for which consent is sought is inconsistent with the objectives of the R5 Large Lot Residential zone.

2. The development for which consent is sought is inconsistent with Clauses 1.2 and 3.3 of council’s Development Control Plan No 6 – Rural Small Holdings.

3. The granting of development consent is not in the public interest.

4. The development for which consent is sought will unreasonably and unnecessarily impact the visual amenity of the adjoining property.

5. The development for which consent is sought creates adverse visual impacts on the locality.

Town Planner's REPORT

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of council or a council committee. A division under s375A of the Act is required when determining this planning application.

Political Disclosures

In accordance with s10(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to council is required to disclose political donations and gifts made within 2 years prior to the submission of the application and concluding when the application is determined.

In accordance with s10(4) of the Environmental Planning and Assessment Act 1979, a person making a public submission to council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

Political donations and gifts (if any) to be disclosed include:

· All reportable political donations made to any local councillor or council,

· All gifts made to any local councillor or employee of the council.

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of the development application submitted for the erection of a 1.8-metre-high, 50 metre long corrugated iron fence at 82 Marsden Street, Molong – Lot 23 DP 848546.

The application has been referred to the council for determination as the proposal is inconsistent with the Cabonne Local Environmental Plan 2012 and council’s Development Control Plan No 6 – Rural Small Holdings. accordingly, refusal of the application is recommended.

Applicant: S. Taylor-Wood

Owner: S. Taylor-Wood

Proposal: Fence

Location: 82 Marsden Street, Molong – Lot 23 DP 848546

Zone: R5 Large Lot Residential

Value: $7,750

The application was lodged with council on 20 May 2020, and was neighbour notified for a period of 14 days. During this period, one (1) submission was received that raised concerns with the visual impacts of the development between the subject land and adjoining lot.

The proposed development is uncharacteristic for the locality and is unreasonably and unnecessarily obtrusive within the landscape. An assessment of the application pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979, identifies impacts that are unnecessary and unreasonable, particularly where other alternatives are available.

The following matters have been considered during the assessment of the application:

· Whether the visual impact, bulk and scale of the development is acceptable upon the locality and adjoining properties,

· Whether the proposed development is consistent with the objectives of the R5 Large Lot Residential zone, and

· Whether the proposed development is consistent with Development Control Plan No 6 – Rural Small Holdings.

Approval of this application, contrary to the recommendation made by staff, will likely result an undesirable precedent of colorbond/corrugated iron fencing in rural and rural residential areas, particularly where the desired and prevailing character is stock proof/wire fencing to maintain the rural character of the area.

An assessment of the application has been provided hereunder; refusal of the application is recommended for the following reasons and are discussed in detail in the body of the report:

I. The development for which consent is sought is inconsistent with the objectives of the R5 Large Lot Residential zone.

II. The development for which consent is sought is inconsistent with Clauses 1.2 and 3.3 of council’s Development Control Plan No 6 – Rural Small Holdings.

III. The granting of development consent is not in the public interest.

IV. The development for which consent is sought will unreasonably and unnecessarily impact the visual amenity of the adjoining property.

V. The development for which consent is sought creates adverse visual impacts on the locality.

THE APPLICATION/THE PROPOSAL

Council’s consent is sought for the erection of a corrugated iron fence at 82 Marsden Street, Molong – Lot 23 DP 848546.

The proposal involves the erection of a 1.8-metre-high corrugated iron fence along the western boundary as per figure 1. The proposed fencing will be 50 metres long and will be second hand medium grey iron. The approximate location of the proposed fence is denoted by the yellow broken line in Figure 1.

Figure 1 - locality plan

Figure 2 – View to the adjoining property

Figure 3 – Approximate Location of fence (facing north-west)

Figure 4 – Approximate location of fence (facing south west)

MATTERS FOR CONSIDERATION

Section 1.7 - Application of Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994

Section 1.7 of the EP&A Act identifies that Part 7 of the Biodiversity Conservation Act 2016 (BC Act) and Part 7A of the Fisheries Management Act 1994 have effect in connection with terrestrial and aquatic environments.

There are four triggers known to insert a development into the Biodiversity Offset Scheme (i.e. the need for a BDAR to be submitted with a DA):

· Trigger 1: development occurs in land mapped on the Biodiversity Values Map (OEH) (clause 7.1 of BC Regulation 2017);

· Trigger 2: development involves clearing/disturbance of native vegetation above a certain area threshold (clauses 7.1 and 7.2 of BC Regulation 2017); or

· Trigger 3: development is otherwise likely to significantly affect threatened species (clauses 7.2 and 7.3 of BC Act 2016).

The fourth trigger (development proposed to occur in an Area of Outstanding Biodiversity Value (clause 7.2 of BC Act 2016) is generally not applicable to the Cabonne LGA; as no such areas are known to occur in the LGA. No further comments will be made against the fourth trigger.

The development site has been mapped as containing White Box grassy woodland in the upper slopes sub-region of the NSW South Western Slopes Bioregion (PCT 266) and Blakely’s Red Gum - Yellow Box grassy tall woodland of the NSW South Western Slopes Bioregion (PCT 277). PCT 277 is listed as an Endangered Ecological Community in NSW and as Critically Endangered under the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

The proposed development does not involve the removal of any native trees or vegetation. In consideration of the above, the development is unlikely to significantly affect threatened species or their habitats, nor is it likely to adversely impact upon any endangered or ecological communities. The land is not identified, nor declared as an area of outstanding biodiversity value. There are no observable habitat links/vegetation corridors to or from the land. The land is more or less surrounded by highly disturbed urban environments with limited habitat potential. Given the characteristics of the site and the minimal level of habitat provided on the land, the proposed development does not involve key threatening processes that could threaten the survival or evolutionary development of a species.

In this regard, the development is considered to be satisfactory with respect to Section 7.3 of the Biodiversity Conservation Act 2016.

Section 4.15

Section 4.15 of the Environmental Planning and Assessment Act 1979 requires council to consider various matters, of which those pertaining to the application are listed below.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s4.15(1)(a)(i)

Cabonne Local Environmental Plan 2012

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under subclause 2. Those relevant to the application are as follows:

(a) to encourage development that complements and enhances the unique character and amenity of Cabonne, including its settlements, localities, and rural areas,

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Cabonne in a manner that allows present and future generations to meet their needs by implementing the principles of ecologically sustainable development,

(c) to facilitate and encourage sustainable growth and development that achieves the following—

(i) contributes to continued economic productivity, including agriculture, business, tourism, industry and other employment opportunities,

(ii) allows for the orderly growth of land uses while minimising conflict between land uses within the relevant zone and land uses within adjoining zones,

(iii) encourages a range of housing choices and densities in planned urban and rural locations that is compatible with the residential and rural environment and meets the diverse needs of the community,

(iv) promotes the integration of land uses and transport to improve access and reduce dependence on private vehicles and travel demand,

(v) protects, enhances and conserves agricultural land and the contributions that agriculture makes to the regional economy,

(vi) avoids or minimises adverse impacts on drinking water catchments to protect and enhance water availability and safety for human consumption,

(vii) protects and enhances places and buildings of environmental, archaeological, cultural or heritage significance, including Aboriginal relics and places,

(viii) protects and enhances environmentally sensitive areas, ecological systems, and areas that have the potential to contribute to improved environmental, scenic or landscape outcomes.

The application is considered to be somewhat consistent with the aims of the Plan; however, some inconsistencies have been identified and are discussed in the body of this report.

Clause 1.6 - Consent Authority

This clause establishes that, subject to the Act, council is the consent authority for applications made under the LEP.

Clause 1.7 - Mapping

The subject site is identified on the LEP maps in the following manner:

Land zoning map	Land zoned R5 Large Lot Residential
Lot size map	Minimum lot size 4000 m2
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	Has biodiversity sensitivity on the subject land
Flood planning map	Not within a flood zone
Natural resource – karst map	Not within a karst area
Drinking water catchment map	Not within a drinking water catchment area
Riparian land and watercourse map, groundwater vulnerability map	Not affected by riparian, watercourse or groundwater vulnerability
Land reservation acquisition map	No land reserved for acquisition

Those matters that are of relevance are addressed in detail in the body of this report.

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

This clause provides that covenants, agreements and other instruments which seek to restrict the carrying out of development do not apply with the following exceptions.

· covenants imposed or required by council

· prescribed instruments under Section 183A of the Crown Lands Act 1989

· any conservation agreement under the National Parks and Wildlife Act 1974

· any trust agreement under the Nature Conservation Trust Act 2001

· any property vegetation plan under the Native Vegetation Act 2003

· any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

· any planning agreement under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.

Council staff are not aware of the title of the subject property being affected by any of the above.

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones and Clause 2.3 - Zone Objectives and Land Use Table

The subject site is located within the R5 Large Lot Residential zone. The proposed development is for the erection of a fence and is permitted with consent for this zone. This application is seeking consent.

Clause 2.3 of LEP 2012 references the Land Use Table and Objectives for each zone in LEP 2012. These objectives for land zoned R5 Large Lot Residential are as follows:

1 - Objectives of the R5 Large Lot Residential Zone

· To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

· To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

· To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

In consideration of the first objective, the development site contains an existing dwelling house that is consistent with the intent of this objective. Notwithstanding, the proposal is for the erection of a fence that is ancillary to this dwelling. It is considered that the proposed fence will compromise the views and vistas to and from the property. The fence will have an unnecessary adverse impact upon the scenic quality of the subject land and locality.

In consideration of the second stated objective, the proposed development will not hinder the proper and orderly development of urban areas in the future.

The development will not unreasonably increase the demand for public services or public facilities.

In consideration of the last stated objective, due to the visual impacts associated with the development, it is considered to the proposed fence has the potential to generate land use conflicts between adjoining properties as the proposed fence unreasonably compromises the views and vistas of the adjoining neighbour.

In this regard, the application is considered to be somewhat inconsistent with the objectives of the zone.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

The Part 4 standards are not relevant to the application.

Part 5 - Miscellaneous Provisions

The Part 5 provisions are not relevant to the application.

Part 6 - Additional Local Provisions

Clause 6.8 - Essential Services

Clause 6.8 applies and states:

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

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) storm water drainage or on-site conservation,

(e) suitable road access.

In consideration of this clause, all utility services are available to the land and adequate for the proposal.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 Remediation of Land

State Environmental Planning Policy 55 - Remediation of Land (SEPP 55) is applicable. Pursuant to Clause 7 Contamination and remediation to be considered in determining development application:

(1) A consent authority must not consent to the carrying out of any development on land unless:

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

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

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

The current and previous land use history of the site comprises of large lot residential development. The site is not known to have been use for any purpose listed in Table 1 of the Contaminated Land Planning Guidelines. The site is therefore unlikely to be contaminated. In this regard, the subject land is considered to be acceptable in its current form and further investigations regarding contamination/SEPP 55 are not necessary.

State Environmental Planning Policy (Koala Habitat Protection) 2019

Cabonne Council is identified within the SEPP Koala Habitat Protect schedule as having koala habitat. A BioNet search did not reveal any sighting of Koalas in the locality.

The Draft Koala Habitat Protection Guideline published by the NSW Department Planning, Industry and Environment has two key aims:

· To guide councils on how to prepare Koala Plans of Management, and

· To standardise the process that applicants are to follow and consent authorities to implement when preparing and assessing development applications.

It is considered that the proposed development falls within the Tier 1 category of the Draft Guideline in which there is low or no direct impact arising as a result of the development. The proposal is considered to have low or no direct impact for the following reasons:

· The subject land does not comprise core Koala habitat but has been mapped as containing vegetation that is suitable to be occupied by Koalas.

· The subject land is cleared, and the proposed development will not result in the clearing of native vegetation.

· The development does not trigger the Biodiversity Offsets Scheme threshold under the Biodiversity Conservation Act 2016.

· No native vegetation will be removed.

· The footprint of the development will not compromise the movements of Koalas.

In this regard, the proposal is considered to satisfy the requirements of the SEPP and a Koala Plan of Management is not required in this instance. Accordingly, the development is considered to have low or no direct impact upon Koalas and their habitats.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION 4.15(1)(a)(ii)

There are no known draft environmental planning instruments that have been placed on exhibition that affect the proposed development or subject land.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s4.15(1)(a)(iii)

Development Control Plan No 6 – Rural Small Holdings

Development Control Plan No 6 – Rural Small Holdings (“the DCP”) applies to the subject land. An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

1.2 Aims and Objectives

The aims and objectives of this Plan applies, and states in part that development to which this plan applies is:

(v) To enable other forms of development to be carried out on land within the rural residential zone provided that such uses are in keeping with the rural character of the locality and are compatible with the existing or likely future rural residential land uses.

(vii) To encourage the development of rural small holdings which are of a high quality and which enhance the character and function of the rural countryside

In consideration of the above, the proposed development is largely inconsistent with the objectives of the Plan. As discussed in the foregoing report the proposed fence is considered not to be consistent with the rural character of the locality and is not a compatible form of development within a rural lifestyle zone.

The subject land is located within the R5 Large Lot Residential zone and where the surrounding and prevailing character consists predominantly of single storey dwellings, ancillary outbuildings, and stock proof/wire fencing. The intent of the zone is to provide residential living on a lifestyle/rural allotment. Corrugated iron fencing is not considered to be consistent with a rural/lifestyle allotment.

A 50-metre-long, 1.8-metre-high corrugated iron fence within a metre of an adjoining property is not a compatible nor appropriate form of development in a zone that promotes a rural lifestyle.

The proposed fence is unnecessarily obtrusive in its setting and is not consistent with the intended and prevailing character of the locality.

The proposal is not of a quality that enhances the character associated with a rural lifestyle allotment.

3.3 Fencing

“The boundaries of each lot in any new subdivision are to be fenced at the time of subdivision to a standard satisfactory to Council…”

Whilst the proposal is not necessarily for a subdivision, nor does it intend on replacing the boundary fence, this clause is still of some relevance to the application. The standard of fencing in the rural residential area in 1994 when the subject land was created was stock proof/wire fencing. This standard remains today.

Corrugated iron fencing such as that proposed is not considered to be an acceptable standard.

In consideration of the above provisions, the proposal is inconsistent with provisions of DCP 6.

PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15(1)(a)(iv)

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 93)

The proposal does not involve a change of building use for an existing building.

Buildings to be Upgraded (clause 94)

The proposal does not involve the rebuilding, alteration, enlargement or extension of an existing building.

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development.

THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15(1)(b)

Context and Setting

The subject land contains an existing dwelling house and ancillary outbuildings and structures. The development site is well landscaped by a variety of native species endemic to the area.

The subject land is located within the R5 Large Lot Residential zone and where the surrounding development pattern and prevailing character consists predominantly of single storey dwellings, ancillary outbuildings, and stock proof/wire fencing.

When considering the prevailing and desired neighbourhood character for the area, it is considered that a 50 metre long, 1.8 metre high corrugated iron fence within a metre of the property of an adjoining property is not consistent with the context and setting of the area.

Corrugated iron fencing is not encouraged nor appropriate in the R5 Large Lot Residential zone due to the adverse visual impacts it creates upon land zoned for the purposes of promoting a rural residential/lifestyle.

It is considered that the proposal is not consistent with the context and setting of the area for the following reasons:

· The fencing in the area is typically characterised by 1200 mm high ‘farm style fencing’ which is predominantly steel/timber posts and wire/netting.

· The proposal seeks consent for the erection of an 1800 mm high solid corrugated iron fence. It is considered that the proposed fencing is uncharacteristic for the area and is not appropriate with the prevailing character of the area, particularly where fencing is stock proof/wire fencing.

· Fencing in the rural and rural residential areas of the locality contributes to the character of the area. The proposed fencing does not contribute to the rural lifestyle or character of the area. Corrugated iron fencing and other impermeable fences including corrugated iron, that is typical of an urban area, is not an appropriate form of development in rural and rural residential areas.

· Whilst the proposed fence will be partially visible from the public realm, the greatest visual impact of the fence occurs between the subject land and adjoining property.

· The proposal will unreasonably compromise the setting of the adjoining landowner.

· The fencing style and material is inconsistent with that of the streetscape.

· The effect of the proposed fence on the prevailing neighbourhood character is unreasonable and unnecessary.

Whilst staff understand the importance of fencing, particularly where development intensity increases, a balance must be found between the use of fences for increased privacy (both visual and acoustic) and the impact on street appearance.

Approval of this application for a corrugated iron fence within a rural residential zone is likely to lead to an undesired precedent that has the potential to compromise the rural lifestyle and overall intent of the zone.

Accordingly, the impacts of the fence upon the context and setting of the area is unreasonable and is uncharacteristic for the area.

Visual Impacts

The visibility of the proposed fence is likely to have an unreasonable and unnecessary impact on the views and vistas of the landowner and adjoining landowner as:

· The fence is partially visible from Marsden Street. Notwithstanding, the greatest visual impact will occur between the subject land and adjoining property.

· The height and visual bulk of the proposed fence is excessive and will unreasonably impact the enjoyment of views from the adjoining lot it.

· The proposed fence will result in unacceptable visual impacts on the private open space of the adjoining lot.

· The proposed fence will detract the visual and scenic quality of the locality.

· The proposed fence will dominate the northern and north eastern aspect of the adjoining dwelling

· It does not complement the existing built from and unreasonably obtrudes the visual enjoyment of the adjoining lot.

Whilst the visual impacts are relatively localised, they are still considered to be unreasonable and unnecessary. Due to the visual impacts of the development upon the views and vistas of the adjoining properties and locality, the development significantly, unreasonably, and unnecessarily reduces the amenity enjoyed by the adjoining landowners.

The need to mitigate the visual privacy impacts of the adjoining neighbour perceived privacy impacts is not sufficient justification for the bulk and scale of the fence, particularly where there are other suitable alternatives exist such as landscaping.

Neighbourhood Amenity

The proposed fence is not considered to be commensurate with the prevailing and existing neighbourhood character. The level of impact upon the amenity of the neighbourhood is unnecessary.

THE SUITABILITY OF THE SITE s4.15(1)(c)

The proposed development is located in the R5 Large Lot Residential zone and is permissible with the consent of council. The suitability of the site has been addressed in the above sections of the report. The development of the site will create adverse impacts on the context and setting of the area. Additionally, the development of the site will detrimentally affect the adjoining land and is likely to lead to land use conflict.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15(1)(d)

The proposed development is defined as "notifiable development" under the provisions of the Community Participation Plan. The application was advertised for the prescribed period of 14 days and at the end of that period one submission was received. A summary of the submissions and Council’s response to those issues raised are provided below:

SUMMARY OF SUBMISSION	COUNCIL RESPONSE
The fence acts a barrier and is offensive in the landscape.	Staff do not necessarily disagree with this comment. As discussed in detail in the above sections of this report, the fence is visually obtrusive in the landscape and uncharacteristic for the area.
Corrugated iron diminishes the quality of the environment	To an extent, staff agree with this. Corrugated iron in terms of roof sheeting is acceptable; however, in terms of fencing, it is not acceptable in land zoned for the purpose of rural residential development due to its ‘barricade’ like nature in a rural/lifestyle zone.
The fence will not visually impact the applicant.	To an extent, this statement is agreeable. Whilst the fence will be visible from the applicants’ yard, the habitable areas and private open space of the adjoining dwelling has direct views of the proposed fence. As discussed in the body of this report, the fence is visually obtrusive and unreasonably impacts the views and vistas of the adjoining landowner.
The fence will dominate the eastern boundary of the adjoining property	Agreed. As discussed in the body of this report, the proposed fence unreasonably dominates the landscape and is unnecessarily prominent.
It will affect the market value of our house	Speculation and the value of property prices is not a matter for consideration under the Environmental Planning and Assessment Act 1979.

PUBLIC INTEREST s4.15(1)(e)

The development has been assessed against the State and Local Environmental Planning Instruments, the Development Control Plan and other guidelines. The assessment identified non-compliances and impacts. These non-compliances are discussed in detail in the above sections of the report,

Approval of this application, contrary to the recommendation made by staff, could set an undesired precedent for the erection of corrugated iron fencing and other impermeable fencing in rural and rural residential areas which in turn, impacts the rural lifestyle that is promoted in the locality.

Approval of the application is considered not to be in the public interest.

SUMMARY

The proposal does not complement or enhance the rural landscape or its surroundings and unnecessarily and unreasonably compromises the views and vistas of the adjoining neighbour. Whilst the visual impacts are relatively localised, they are still considered to be unreasonable and unnecessary.

The development significantly, unreasonably, and unnecessarily reduces the amenity enjoyed by the adjoining landowners and the proposal is not an appropriate form of development in its context and setting.

Whilst the proposed development is permissible with the consent of Council, it is not compliant with the relevant aims, objectives, and provisions of Cabonne Local Environmental Plan 2012 (as amended) and Development Control Plan.

A section 4.15 assessment of the development indicates that the development is unreasonable in this instance.

It is recommended that the application be refused for the following reasons:

I. The development for which consent is sought is inconsistent with the objectives of the R5 Large Lot Residential zone.

II. The development for which consent is sought is inconsistent with Clauses 1.2 and 3.3 of council’s Development Control Plan No 6 – Rural Small Holdings.

III. The granting of development consent is not in the public interest.

IV. The development for which consent is sought will unreasonably and unnecessarily impact the visual amenity of the adjoining property.

V. The development for which consent is sought creates adverse visual impacts on the locality.

VI. The development for which consent is sought creates adverse visual impacts on the locality.

ITEM 25 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

Reason For Report	To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council meeting.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g. Code of Meeting Practice adhered to
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 1130331

Recommendation

THAT Council receive a report at the next Council meeting in relation to questions asked/matters raised where necessary.

General Manager REPORT

A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.

ITEM 26 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

Reason For Report	Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 1130332

Recommendation

THAT:

1. Councillors call any items they wish to further consider.

2. The balance of the items be noted.

General Manager REPORT

In the second part of Council’s Business Paper are items included for Council’s information.

In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item are requested to call that item.

ITEM 27 - MATTERS OF URGENCY

REPORT IN BRIEF

Reason For Report	Enabling matters of urgency to be called.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 1130335

Recommendation

THAT Councillors call any matters of urgency.

General Manager REPORT

Council’s Code of Meeting Practice allows for the Council to consider matters of urgency which are defined as “any matter which requires a decision prior to the next meeting or a matter which has arisen which needs to be brought to Council’s attention without delay such as natural disasters, states of emergency, or urgent deadlines that must be met”.

This item enables councillors to raise any item that meets this definition.

ITEM 28 - COMMITTEE OF THE WHOLE SECTION OF THE MEETING

REPORT IN BRIEF

Reason For Report	Enabling reports to be considered in Committee of the Whole.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g. Code of Meeting Practice adhered to
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 1130337

Recommendation

THAT Council hereby resolve itself into Committee of the Whole to discuss matters called earlier in the meeting.

General Manager REPORT

This item enables councillors to go into “committee of the whole” to discuss items called earlier in the meeting.

ITEM 1 - RATES SUMMARY

REPORT IN BRIEF

Reason For Report	Information provided in relation to Council's Rates collections.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.4.a - Level of rate of collection
Annexures	1. Rates graph ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1140985

Senior Rates Officer's REPORT

The Rate Collection Summary to 30 June 2020 is attached for Council’s information. The percentage collected is 95.8% which is slightly higher to previous years.

The fourth rate instalment fell due 31 May 2020.

ITEM 2 - INVESTMENTS SUMMARY

REPORT IN BRIEF

Reason For Report	Information provided in relation to Council's Investment Schedule.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.4.b. Maximise secure income through investments
Annexures	1. Investments Summary June 2020 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1140686

Senior Accounting Officer's REPORT

Council’s investments as 30 June 2020 stand at a total of $44,117,222.76

Council’s average interest rate for the month of June 2020 was 1.20%. The effect of the low cash rate is having a negative impact on term deposit rates offered by financial institutions. The Reserve Bank’s official cash rate remained at 0.25% during the month of June. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 0.0929%.

Council’s investments are held with multiple Australian financial Institutions with varying credit ratings according to Council’s Investment Policy. The annexure to this report shows a break up of each individual institution that Council invests with and its “Standard and Poor’s” Credit Rating.

The Schedule of Investments for June 2020 is attached for Council’s information.

ITEM 3 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

Reason For Report	To provide Council with a report on progress made in actioning its resolutions up to last month's Council meeting and any committee meetings held.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. Council ⇩ 2. Traffic Light Report Summary ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 1130340

General Manager’S REPORT

InfoCouncil generated reports are annexed including actions up to the previous month’s meetings resolutions.

Progress comments are provided until the final action comment which will also show “COMPLETE”: that item will then be removed from the register once resolved by the council.

Attached also is the “traffic light” indicator system that enables the council to identify potential areas of concern at a glance.

Councillors should raise any issues directly with the directors as per the mayor’s request.

ITEM 4 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

Reason For Report	To report on approved expenditure under the Community Facilitation Fund (CFF).
Policy Implications	Nil
Budget Implications	Within existing budget allocation
IPR Linkage	3.3.5.a. Review community need for new and upgraded facilities
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 1141944

General Manager’S REPORT

Council adopted guidelines for the Community Facilitation Fund (CFF) in March 2015. The CFF was created for smaller community projects not originally included in the council’s budget, to be allocated at the discretion of the Mayor and Deputy Mayor.

As a reminder, the guidelines for the CFF are as follows:

1. Projects where no existing vote for the works has been allocated or the vote is insufficient to complete the project.

2. Recipients must be community based not-for-profit groups.

3. Mayor and Deputy Mayor to jointly approve funds (with the General Manager as proxy if one is not available).

4. Allocation of funds to be reported to the next available Council meeting.

5. Limit of $3,000 per allocation unless other approved by Council.

There was NIL allocation of funds processed in the past month

ITEM 5 - 2020 LOCAL GOVERNMENT ELECTIONS POSTPONED

REPORT IN BRIEF

Reason For Report	To note the postponement of the 2020 Local Government Elections
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\LOCAL GOVERNMENT ELECTIONS 2020 - 1141157

Department Leader - Governance & Corporate Performance's REPORT

The Minister for Local Government has published orders in the Gazette under section 318B of the Local Government Act 1993 (the Act) postponing the next ordinary local government elections in response to the COVID-19 pandemic.

The next local government elections will be held on 4 September 2021. The decision to postpone the elections until September 2021 has been made in consultation with and on the advice of the NSW Electoral Commissioner.

The making of the orders will not affect the requirement to hold mayoral elections. Mayoral elections must be held for mayors elected in September 2018 when their two-year terms expire in September 2020. Mayors elected in September 2019 will continue to hold office until council elections are held on 4 September 2021.

Clr Kevin Beatty was elected Mayor at Council’s Ordinary meeting held 24 September 2019 and will continue to hold office until council elections are held on 4 September 2021.

Clr Jamie Jones was elected Deputy Mayor for a one-year term at Council’s Ordinary meeting held 24 September 2019. As per resolution of Council at its Ordinary Council meeting held 26 September 2017… “the term for the Deputy Mayor to be a one year term", Council will be required to hold Deputy Mayoral elections at its Ordinary meeting to be held on 22 September 2020.

ITEM 6 - LOCAL GOVERNMENT WEEK 2020 UPDATE

REPORT IN BRIEF

Reason For Report	To confirm acitivites for Local Government Week 2020
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\LOCAL GOVERNMENT WEEK - 2019 - 2023 - 1141032

Governance Officer's REPORT

At the 26 May 2020 council meeting council resolved the following:

“THAT Council participate in Local Government week 2020 activities subject to Lifting of current Covid-19 Restrictions.”

Due to current Covid restrictions and the public health orders in place council will engage in a virtual Local Government Week 2020. Council will focus on showcasing its services through electronic platforms such as on its website, Facebook, Instagram and LinkedIn.

The 2020 theme for Local Government Week is ‘Councils Do’. Council staff are looking at ways to promote services that council is involved in that may be lesser known in the community.

Discussions with the Deputy General Manager – Services have highlighted some areas that could be a focus include:

· Family Day Care – spotlight on staff members and services provided by the section.

· Transport Infrastructure – to highlight the various functions of a section of council which can sometimes be oversimplified in the public eye.

ITEM 7 - INFRASTRUCTURE CABONNE REPORT

REPORT IN BRIEF

Reason For Report	To update Council on the works in progress for the Infrastructure Cabonne Dept.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	1. Council Engineering Report July 2020 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 1141117

Deputy General Manager - Cabonne Infrastructure's REPORT

Please find annexed the updated information on 2020/21 works in progress for the Cabonne Infrastructure Department.

ITEM 8 - DEVELOPMENT APPLICATIONS APPROVED DURING JUNE 2020

REPORT IN BRIEF

Reason For Report	Details of development applications approved during the preceding month.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a. Provide efficient and effective development assessment
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 1137366

Department Leader - Development Services' REPORT

Development Applications have been approved during the period 01/06/2020 to 30/06/2020 as detailed below.

SUMMARY OF DEVELOPMENT APPLICATIONS APPROVED

APPLICATION NUMBER	TYPE	ESTIMATED VALUE
DA2020/0146	Home Based Business – Skin Penetration Applicant: KV Perry Owner: KV Perry Zone: R5 Address: Lot 114 DP 750170, King Street, Molong	$---
DA2020/0148	Dwelling Applicant: D & M Lawrence Owner: D & M Lawrence Zone: R5 Address: Lot 3 DP 1230694, 132 Speedy Street, Molong	$470,000
DA2020/0159	Addition to a dwelling Applicant: S Simpson Owner: S Simpson Zone: RU1 Address: Lot 3 DP 851078, 367 Kent Road, Belgravia	$120,000

DA2020/0142	Alterations & Additions Applicant: I Roy Owner: I Roy Zone: RU5 Address: Lot 77 DP 750145, 27 Belmore Street, Cargo	$17,500
DA2018/0038/1	Modification to alterations & additions to existing dwelling Applicant: Designs at M Owner: R & D Boaden Zone: RU1 Address: Lot 289 DP750131, 1621 The Escort Way, Borenore	$---
DA2020/0151	Dual Occupancy Applicant: S & T Maere Owner: S & T Maere Zone: R5 Address: Lot 1 DP 1193583, 25 Sharp Street, Cargo	$45,000
DA2020/0122	Storage Shed Applicant: R Palmer Owner: R Palmer Zone: RU1 Address: Lot 102 DP 1182220, 5 Madelines Lane, Windera	$19,173
DA2020/0157	Additions to dwelling Applicant: I Martin Owner: I Martin Zone: R5 Address: Lot 30 DP 1014699, 54 Lakes Ave Clifton, Grove	$55,300
DA2018/0197/3	Modification to alterations & additions to existing motel Applicant: T Beath Owner: M Hazelton Zone: R1 Address: Lot 5 DP 658660 Lot 3 & 4 DP 836346 & Lot 1 DP 758221, 2 Bridge Street, Canowindra	$---
DA2020/0166	Shed Applicant: J Collins Owner: J Collins Zone: R5 Address: Lot 141 DP 750145, 19 Hillside Street, Cargo	$10,000
DA2020/0161	Demolition of existing dwelling Applicant: Cabonne Council Owner: Cabonne Council Zone: R1 Address: Lot 13 DP, 7 Betts Street, Molong	$---

DA2020/0156	*Recreational Facility – Indoor (Gym)* Applicant: G Wiltshire Owner: The Platypus Group Pty Ltd Zone: RU5 Address: Lot 1 DP 667641, 3 Main Street, Cudal	$---
DA2016/0069/2	*Modification to Dual Occupancy* Applicant: M Houghton Owner: M Houghton Zone: RU2 Address: Lot 108 DP 876024, 523 Griffin Road, Orange	$---
DA2019/0087/1	*Modification to transportable dwelling* Applicant: Futuristic Optics Pty Ltd Owner: Krisneil Super Pty Ltd Zone: B2 Address: Lot 1 DP 843135, 44 Tilga Street, Canowindra	$---
DA2020/0145/1	*Modification to garage & carport* Applicant: P Cooper Owner: P Cooper Zone: RU5 Address: Lot 8 DP 758311, 58 Toogong Street, Cudal	$---
DA2020/0173	*Warehouse* Applicant: B Scott Owner: D Sandeman Zone: IN2 Address: Lot 23 DP 1090896, Enterprise Place, Molong	$5,000
DA2020/0158	*Shed* Applicant: T O’Neill Owner: T O’Neill Zone: RU5 Address: Lot 11 DP 7016, 26 Eurimbla Road, Cumnock	$18,600
DA2020/0174	*Inground Fibreglass Pool* Applicant: Leisure Pools Central West Owner: D & M Stanbury Zone: RU1 Address: Lot 5 DP 882990, 4975 Cargo Road, Canowindra	$45,000
DA2020/0147	*Dual Occupancy & adjustment to Building Envelope* Applicant: J Campbell Owner: J Campbell Zone: R5 Address: Lot 100 DP 1083822, 1 Woolshed Lane, Windera	$120,000

DA2020/0167	*Skillion Roof on Existing Shed* Applicant: G White Owner: G White Zone: R5 Address: Lot 3 DP 856628, 1755 Burrendong Way, Mullion Creek	$5,000
DA2020/0179	*Carport & patio* Applicant: T Beath Owner: R Melhuish Zone: R5 Address: Lot 187 DP 750147, 3515 Canowindra Road, Canowindra	$9,000
DA2020/0181	*Shed* Applicant: N Eagleston Owner: N Eagleston Zone: RU5 Address: Lot 4 DP 758643, Cudal Street Manildra	$11,000
DA2020/0172	*Dwelling* Applicant: Rawson Group Pty Ltd Owner: Mark Foy Holdings Pty Ltd Zone: R5 Address: Lot 100 DP 1175408, 59 Jason Street Molong	$425,675
DA2020/0138	*Replace Front Awning* Applicant: A Wooldridge & M Crowther Owner: A Wooldridge & M Crowther Zone: B2 Address: Lot 1 DP 80501, 89 Gaskill Street, Canowindra	$50,000
DA2020/0160	*Extension to Existing Dwelling & Dual Occupancy* Applicant: T Beath Owner: S Cook Zone: R1 Address: Lot 17 DP 32548, 43 Clyburn Street, Canowindra	$250,000
DA2020/0184	*Alterations & additions to existing dwelling* Applicant: G Bunworth Owner: G Bunworth Zone: RU1 Address: Lot 156 DP 756890, 58 Mulyan Road, Clergate	$370,000
DA2020/0183	*Swimming pool spa & decking* Applicant: E Jones Owner: E Jones Zone: RU2 Address: Lot 20 DP 855678, 204 Borenore Road, Borenore	$120,000
DA2020/0164	*Dual Occupancy* Applicant: J Cunial Owner: J Cunial Zone: RU2 Address: Lot 2 DP 516257, Nancarrow Lane, Nashdale	$375,000
DA2020/0187	*Farm building* Applicant: M Bingham Owner: M Bingham Zone: RU1 Address: Lot 1 DP 556549, 569 Oaky Lane, Mullion Creek	$80,000
TOTAL: 29		$2,621,248

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS APPROVED

APPLICATION NUMBER

TYPE

ESTIMATED VALUE

CDC2020/1026

Alterations & Additions to Existing Dwelling

Applicant: Central West Certifiers

Owner: A & Y Evans

Zone: RU1

Address: Lot 23 DP 711425,

26 Molong St, Molong

$230,000

TOTAL: 1

$230,000

*GRAND TOTAL: 30*	*$2,851,248*
*Previous Month: 21*	*$1,930,631*

ITEM 9 - DEVELOPMENT APPLICATIONS RECEIVED DURING JUNE 2020

REPORT IN BRIEF

Reason For Report	Details of development applications received during the preceding month.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a. Provide efficient and effective development assessment
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 1140108

Department Leader - Development Services' REPORT

Development Applications have been received during the period 01/06/2020 to 30/06/2020 as detailed below.

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

APPLICATION NUMBER	DETAILS	ESTIMATED VALUE
DA2020/0164	Dual Occupancy Applicant: J Cunial Owner: J Cunial Zone: RU2 Address: Lot 2 DP 516257, Nancarrow Lane, Nashdale	$375,000-
DA 2020/0165	Boundary Adjustment Applicant: Premise Owner: J Pottie Zone: RU1 Address: Lot 1 DP 1205903 & Lot 1 DP 530782, 99 Livermores Lane, Manildra	$----
DA2016/0069/2	Modification to Dual Occupancy Applicant: M Houghton Owner: M Houghton Zone: RU1 Address: Lot 108 DP 876024, 523 Griffin Road, Borenore	$----
DA2020/0166	Shed Applicant: J Collins Owner: J Collins Zone: R5 Address: Lot 141 DP 750145, 19 Hillside Street, Cargo	$10,000
DA2020/0167	Skillion Roof on existing Shed Applicant: G White Owner: G White Zone: R5 Address: Lot 3 DP 826628, 1755 Burrendong Way, Mullion Creek	$5,000
2020/0168	Subdivision Applicant: G Knight Owner: G & V Knight Zone: RU5 Address: Lot 88 89 & 90 DP 750159, 31 Noble Street, Eugowra	$---
DA2020/0169	Rural Industry (Winery) Cellar Door & Relocation of Existing Yurts Applicant: Premise Owner: J & B Byrne Zone: RU2 Address: Lot 21 DP 567429, 841 Cargo Road, Nashdale	$250,000
DA2020/0145/1	Modification to Garage & Carport Applicant: P Cooper Owner: P Cooper Zone: RU5 Address: Lot 8 DP 758311, 58 Toogong Street, Cudal	$---
DA2020/0170	Dwelling & Shed Applicant: Planning Potential Owner: E & B Scott Zone: RU1 Address: Lot 144 DP 1018708, Gazzard Lane, Clergate	$110,000
DA2020/0171	Molong Community Centre (Community Facility) Applicant: Cabonne Council Owner: Cabonne Council Zone: R1 Address: Lot 2 DP 1082943, Lot B DP 155735 & Lot 432 DP 1070957, 96-98 Bank Street, Molong	$5,043,800
DA2020/0173	Warehouse Applicant: B Scott Owner: D Sandeman Zone: IN2 Address: Lot 23 DP 1090896, Enterprise Place, Molong	$5,000
DA2020/0172	Dwelling Applicant: Rawson Group Pty Ltd Owner: Mark Foy Zone: R5 Address: Lot 100 DP 1175408, 59 Jason Street, Molong	$425,675
DA2020/0174	Inground Fibreglass Pool Applicant: Leisure Pools Central West Owner: D & M Stanbury Zone: RU1 Address: Lot 5 DP 882990, 4975 Cargo Road, Canowindra	$45,000
DA2020/0175	Demolition & Outbuilding Applicant: A Whiley Owner: A Whiley Zone: RU1 Address: Lot D DP 152609, 42 Gidley Street, Molong	$7,000
DA2020/0176	Dual Occupancy & Subdivision Applicant: C Williamson Owner: C Williamson Zone: RU5 Address: Lot 10 DP 758643, Loftus Street, Manildra	$800,000
DA2020/0179	Carport & Patio Applicant: T Beath Owner: R Melhuish Zone: R5 Address: Lot 187 DP 750147, 3515 Canowindra Road, Canowindra	$9,000
DA2020/0178	Dwelling Applicant: R Culverson Owner: R Culverson Zone: RU1 Address: Lot 2 DP 1225798, 87 Culverson Road, Clergate	$260,000
DA2020/0177	Concept DA for New Dwelling & Demolition of existing Structure Applicant: J Dowler Owner: J Dowler Zone: RU1 Address: Lot 2 DP 1060191, 1041 Mitchell Hwy, Orange	$---
DA2020/0181	Shed Applicant: N Eagleston Owner: N Eagleston Zone: RU5 Address: Lot 4 DP 758643, Cudal Street, Manildra	$11,000
DA2020/0180	Dwelling Applicant: G Baker Owner: G Baker Zone: RU5 Address: Lot 7 DP 3949, 79 Obley Street, Cumnock	$84,700
DA2020/0182	Garage Applicant: P & J Watson Owner: P & J Watson Zone: R1 Address: Lot 4 DP 758221, 9 Preston Street, Canowindra	$8,000
DA2020/0185	Farmstay Accommodation Applicant: Lakeview Development Pty Ltd Owner: Lakeview Development Pty Ltd Zone: RU2 Address: Lot 2 DP 1025766, 131 Nashdale Lane, Nashdale	$58,000
DA2020/0184	Alterations & Additions to existing Dwelling Applicant: G Bunworth Owner: G Bunworth Zone: RU1 Address: Lot 156 Dp 756890, 58 Mulyan Road, Clergate	$370,000
DA2020/0183	Swimming Pool Spa & Decking Applicant: E Jones Owner: E Jones Zone: RU2 Address: Lot 20 DP 855678, 204 Borenore Road, Nashdale	$120,000
DA2005/244/2	Modification to 6 Lot Subdivision Applicant: M & J Ward Owner: M & J Ward Zone: RU1 Address: Lot 11 12 14 & 15 DP 750372, 915 Lower Lewis Ponds Road, Lower Lewis Ponds	$---
DA2020/0187	Farm Building Applicant: M Bingham Owner: M Bingham Zone: RU1 Address: Lot 1 DP 556549, 569 Oaky Lane, Mullion Creek	$80,000
DA2020/0188	Dwelling Applicant: Rawson Homes Pty Ltd Owner: G & S Gee Zone: R5 Address: Lot 144 DP 750145, Sherwin Street, Cargo	$340,730
DA2020/0189	Dwelling Applicant: Smartbuild Homes Pty Ltd Owner: T & K Armstrong Zone: R5 Address: Lot 2 DP 1230694, 136 Speedy Street, Molong	$426,200
DA2020/0190	Additions to Existing Dwelling Applicant: N Smurthwaite Owner: N Smurthwaite Zone: R1 Address: Lot 100 DP 1261370, 40 Rodd Street, Canowindra	$130,000
DA2020/0191	Subdivision (2 Lots) Applicant: S Kirby Owner: Barham Pty Ltd & J & H Whittle Zone: RU1 Address: Lot 13 DP 1107913, Euchareena Road, Molong	$---
DA2020/0192	Machinery Shed Applicant: D Wilson Owner: D Wilson Zone: R5 Address: Lot 98 DP 750170, 72 Banjo Paterson Way, Molong	$5,800
	TOTAL: 31	$,8,979,950

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

APPLICATION NUMBER	DETAILS	ESTIMATED VALUE
CDC2020/1025	Inground Fibreglass Swimming Pool Applicant: BBAC Certifiers Owner: R DeRooy Zone: RU1 Address: Lot 8 DP 1153835 1344 Amaroo Road, Borenore	$46,750
CDC2020/1026	Alterations & Additions to existing Dwelling Applicant: Central West Certifiers Owner: A & Y Evans Zone: R1 Address: Lot 23 DP 711425, 26 Molong Street, Molong	$230,000
CDC2020/1027	Three Car Garage Applicant: Central West Certifiers Owner: M McFarland Zone: RU1 Address: Lot 138 DP 750139, 673 South Bowen Park Road, Cargo	$23,358.95
	TOTAL: 3	$300,108.95

GRAND TOTAL: 34

$9,280,013.95

ITEM 10 - MEDIAN PROCESSING TIMES 2020

REPORT IN BRIEF

Reason For Report	To provide information on median processing times.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 1140280

Department Leader - Development Services' REPORT

Summary of median Application Processing Times over the last five years for the month of June:

YEAR	MEDIAN ACTUAL DAYS
2015	46
2016	30
2017	30
2018	29
2019	25

Summary of median Application Processing Times for 2019:

MONTH	MEDIAN ACTUAL DAYS
January	22
February	12
March	22
April	28
May	20.5
June	16
July
August
September
October
November
December

ITEM 11 - BURIAL STATISTICS

REPORT IN BRIEF

Reason For Report	To provide information on burial statistics.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.3.1.a - Maintain cemeteries in accordance with community requirements
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\CEMETERIES\REPORTING - BURIAL STATISTICS - 1140284

Department Leader - Development Services' REPORT

YEAR	NO OF BURIALS
2006/07	59
2007/08	62
2008/09	57
2009/10	65
2010/11	40
2011/12	54
2012/13	54
2013/14	80
2014/15	66
2015/16	64
2016/17	41
2017/18	67
2018/19	77
2019/20	61
July	5
August	6
September	8
October	7
November	8
December	2
January	7
February	2
March	5
April	5
May	3
June	3
Total	61