Agenda of Ordinary Meeting - 24 November 2020

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 - 1155635

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 - 2020 - 1155639

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 - 1155640

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 - 1155641

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 - 1155643

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 - 1155644

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 - YEOVAL ANNUAL SHOW 2021 & 2022

REPORT IN BRIEF

Reason For Report	For Council to determine whether it wishes to apply for a declaration as a public holiday or a local event day
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\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\YEOVAL ANNUAL SHOW - 1173096

Recommendation

THAT Council lodge a formal biennial application for the proclamation of part-day public holidays from 8:30am to 7:00pm, on Tuesday 4 May 2021 and Tuesday 17 May 2022 for the Yeoval Annual Show, for that portion of the township of Yeoval, which is in the Cabonne Council area.

Department Leader - Governance & Corporate Performance's REPORT

Advice has been received from NSW Treasury regarding applications under the Public Holidays Act 2010 (the Act) for the declaration of local public holidays and local event days.

The Act permits the Minister for the Public Service and Employee Relations, Aboriginal Affairs and the Arts to declare a local public holiday, or a local event day, for the whole or part of the Council's local government area. This may be limited to a particular location in the Council's area, such as the boundaries of a particular town or a police district in an area nominated by the Council.

The application may request the declaration of a part-day local public holiday or local event day to accommodate the holding of an afternoon event. In recent years, a number of councils have made part-day public holiday applications to reduce costs to local business while facilitating the holding of, and attendance at, local and regional events.

In determining whether to apply for a local public holiday, or a local event day, Council should consider the costs to regional businesses and local communities in the declaration of a local public holiday within the designated area. It is expected that the Council will undertake a public consultation process, including consultation with relevant stakeholders, such as the local chambers of commerce, local banks, major employers and local schools located within the designated area.

Where it is proposed to request a part-day local public holiday, the Council should consider the impact on local schools and on the transport of school students who attend school on the day. In this regard, it is expected that the consultation process with local schools will take account of the transportation arrangements for students who attend school on the day.

Applications may be made for the declaration of public holidays and local event days (and part days) over a consecutive two year period for holding or celebration of annual events, such as a local show day, race day or carnival.

Declaration of a Local Public Holiday Vs Local Event Day

Where a local public holiday is declared by the Minister a bank located in the designated holiday area will be required to close unless it holds an approval to open on the day under Part 3A of the Retail Trading Act 2008. Shops located within the designated holiday area are free to open without restriction.

The public holiday provisions contained in the National Employment Standards of the Fair Work Act 2009 (Cth) apply to local public holidays declared under the Public Holidays Act 2010. This means that all employees irrespective of their former entitlements and whose place of work is within a local public holiday area will be entitled to be absent from work on the day or part day that is the local public holiday or part holiday. In addition, employees who work on the day or part day may then have an entitlement to penalty rates under a relevant award.

In considering an application to the Minister for a local public holiday or part day, Council is expected to consult with the affected community and other relevant stakeholders, as to the impact of a local public holiday or part holiday on businesses located within the local government area.

As part of that consultation, Council may consider the option of a local event day declaration instead of a public holiday or part-day.

What This Means for Cabonne Council

In previous years Council has approved to lodge a formal application on behalf of the Yeoval Annual Show which to get the best travelling displays and exhibitors holds the show mid-week in between the Wellington and Orange Shows.

It should be noted that in 2013 the Australia Hotels Association (NSW), on behalf of its members, submitted an expression of concern regarding the impact of a full local public holiday due to businesses being required to pay employees extended penalty rates. It was there on decided by Council in 2013 to 2019 that a part day public holiday from 8:30am to 7:00pm was the best option based on the advice.

Due to the timeframes of the event being from 8:30am until 7:00pm it is anticipated that if a part-day public holiday is granted Yeoval Central School will close for the day and St Columba’s Catholic School in Yeoval will continue to run the standard bus lines.

2021 & 2022 Yeoval Annual Show

Council have received an application from Yeoval PA & H Society Inc. for part day public holidays for the Yeoval Annual Show for two years, Tuesday 4 May 2021 and Tuesday 17 May 2022.

Council has again advertised and received submissions from the following key stakeholders and residents of Yeoval:

Submission From	Meets Criteria	Comments
Yeoval Central School - Nicole Bliss - Principal	Yes	Supports local part day public holiday. Is the largest event in the small community and is vital to the community calendar. Teaching and non-teaching staff work at the show in-lieu of a school day as gate operators and judges. They also show animals and produce from the Agricultural Department with students.
Yeoval P A & H Society Inc - Sharon Cantrell - Secretary	Yes	The Annual Show is the largest event in the community and brings hundreds of visitors on the day. Yeoval is unable to attract a weekend date on the established show run with Orange and Wellington holding weekends either side. Show day draws together all the organisations and businesses in the village who help run a successful and profitable day. Being declared a part day public holiday enables all school children and teachers to attend.
Yeoval & District Progress Association - Alf Cantrell – Secretary	Yes	Supports local part day public holiday. It’s our major event in town for the year and draws hundreds of visitors to our village for the day. On the show day nearly everyone in town participates in entering, helping run and actively participating in show activities. From school children to UPA residents the Yeoval Annual show encompasses them all. The Show remains the highlight of the Yeoval calendar.
Resident – Gaela Elliott	Yes	Supports the local part day public holiday.
Resident – James Sanders	Yes	Supports the local part day public holiday.
Resident – Saranne Sanders	Yes	Supports the local part day public holiday.

Should the Council wish to apply for the declaration of a local public holiday or local event day, it will be necessary for the application to be forwarded to NSW Treasury, by Friday 27 November 2020.

Council has the option to apply for a Part Day Local Public Holiday or Local Event Day: based on past dealings it is recommended that a Part Day Local Public Holiday be applied for.

ITEM 8 - AUSTRALIA DAY AWARDS COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of Australia Day Awards Committee Recommendations.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.f - Code of Meeting Practice adopted and implemented.
Annexures	1. October 27 2020 Australia Day Committee Meeting Minutes ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2021 - 1176749

Recommendation

THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 27 October, 2020 be adopted.

Department Leader - Governance & Corporate Performance's REPORT

Attached is the report of the Australia Day Awards Committee Meeting of Cabonne Council held on 27 October, 2020.

ITEM 9 - DRAFT STATEMENT OF BUSINESS ETHICS

REPORT IN BRIEF

Reason For Report	Review of draft statement
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.5.c - Comply with internal audit requirements
Annexures	1. DRAFT - Statement of Ethics ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\EXECUTIVE LEADERSHIP TEAM - 1180314

Recommendation

THAT Council adopt the draft Statement of Business Ethics and place the draft on public exhibition.

Department Leader - Governance & Corporate Performance's REPORT

The annexed Statement of Business Ethics was developed as a result of a recommendation from the Internal Audit – Governance & Risk Review. It has been reported to ARIC for their information and endorsed by the Executive Leadership Team at their October meeting.

Once adopted, this document will be available on Council’s website, be referred to in tender documentation as well as provided to all current contractors.

It is recommended that Council endorse the draft Statement of Business Ethics and place the draft on public exhibition.

ITEM 10 - DRAFT COMMUNITY ENGAGEMENT POLICY

REPORT IN BRIEF

Reason For Report	To seek Council endorsement of the draft community engagement policy and place the document on public exhibition
Policy Implications	Draft policy - no existing policy adopted
Budget Implications	Nil
IPR Linkage	4.5.1.c - Provide appropriate mechanisms for democracy and participation for Cabonne residents
Annexures	1. Community Engagement Policy - DRAFT 2020 ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 1180295

Recommendation

THAT Council endorse the draft Community Engagement Policy and place the draft policy on public exhibition.

Acting Leader - Community & Economy's REPORT

Reason for Policy

The NSW Local Government Act 1993 requires councils to establish a Community Engagement Strategy to help inform the development of council’s plans, policies and programs, as well as to make decisions about prioritisation and resource allocation when councils determine their activities (other than routine administrative matters). This policy identifies the underpinning principles that support council’s engagement activities.

Key Aspects of the Policy

Cabonne Council will engage with the community in an effective, timely and transparent manner to foster collaboration, cooperation and increased understanding of issues that affect the community, and to ensure that community views are considered in the decision-making processes of Council.

Council recognises that the level and extent of engagement must vary according to the nature, complexity and level of impact of the matter under consideration.

The community engagement activities that Council undertakes will be guided by the level of community impact the matter is likely to have.

Governance

The draft policy has been created in consideration of the following New South Wales Legislation:

· NSW Local Government Act 1993

· NSW Local Government Amendment (Governance and Planning) Act 2016

· NSW Environmental Planning and Assessment Act 1979

· NSW Privacy and Personal Information Protection Act 1998

In accordance with s.160 of the Local Government Act 1993 Council must

1. give public notice of a draft local policy after it is prepared

2. the period of public exhibition must not be less than 28 days

ITEM 11 - 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. October 27 2020 Ordinary Council Meeting Mintes ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2019 - 1155645

Recommendation

THAT the minutes of the Ordinary meeting held 27 October 2020 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement:

1. Minutes of the Ordinary Council meeting held on 27 October 2020.

ITEM 12 - QUARTERLY BUDGET REVIEW

REPORT IN BRIEF

Reason For Report	To advise Council of the present position of the 2020/2021 Budget as at the September Quarter and to submit changes to the budget for approval and inclusion.
Policy Implications	Nil
Budget Implications	Increase to Cash Budget of $2.396M
IPR Linkage	4.5.5.h - Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements
Annexures	1. September 2020 Quarterly Budget Review ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\QUARTERLY FINANCIAL STATEMENTS - QBR - 1180121

Recommendation

THAT Council note the variances in the report and authorise those changes to be included in the 2020/2021 Council Budget.

Department Leader - Finance's REPORT

The purpose of the Quarterly Budget Review is to adjust the budget in response to changes in the financial landscape and decisions made since the setting of the original budget. The report is presented to provide fair and reasonable information to councillors, regarding the current state of the 2020/2021 budget, considering all known factors up to 30 September 2020.

Consolidated Results

The overall impact on the original budget due to the changes listed in the Quarterly Budget Review Statement are detailed below.

	Original Budget	Revised Budget
Operating result	($1,127,833) deficit	$12,165,883 surplus
Cash result	$50,687 surplus	$2,446,600 surplus
Capital Expenditure	$16,449,528	$33,238,149
Reserve balances	$44,322,525 opening	$33,238,149 revised

Fund Results

The overall impact on Council funds from the original budget due to the changes listed in the Quarterly Budget Review Statement are detailed below.

GENERAL FUND	Original Budget	Revised Budget
Operating result	($1,662,471) deficit	$10,934,444 surplus
Cash result	$50,687 surplus	$3,088,090 surplus
Capital Expenditure	$14,317,020	$29,790,216
Reserve balances	$37,159,320 opening	$26,901,244 revised

WATER FUND	Original Budget	Revised Budget
Operating result	$912,491 surplus	$1,633,871 surplus
Cash result	$0	($806,767) deficit
Capital Expenditure	$1,877,750	$3,158,342
Reserve balances	$4,382,036 opening	$3,575,269 revised

SEWER FUND	Original Budget	Revised Budget
Operating result	($377,852) deficit	($429,792) deficit
Cash result	$0	$165,277 surplus
Capital Expenditure	$254,758	$289,591
Reserve balances	$2,781,169 opening	$2,946,446 revised

Income

The September quarter budget variations increase the operating Income by $396K. Overall including already approved budget changes, income has increased from the original budget by $14.7m.

Income adjustments for the quarter include the receipt of $455K from Transport NSW for the Cargo Rd/Canobolas Rd intersection. A reducing income adjustment was taken up to reflect a decrease in lease income receivable from the Molong quarry ($229K). Other minor adjustments included HACC stimulus funding ($22K), a modest increase to Canowindra/Eugowra sewer charges ($13K), Office of Local Government’s contribution to Cabonne Council’s 2020/21 ESL levy increase ($10K).

Other major grant income added to the original budget include; Fixing country roads ($3.1m), Resources for regions ($1.8m), Local Road & community infrastructure projects ($1.2m), Molong bore project ($988k).

Operating Expenditure

The September quarter budget variations increase the operating expenditure by $864K. Overall, including already approved budget changes, expenditure has increased from the original budget by $1.4M.

The majority of this movement relates to an increase in budgeted depreciation expense of $750K following the 2020 roads revaluation and an identified increase in the replacement value of a number of transport asset classes.

Other operating adjustments included budgeting for a strategic financial review ($48K), asset improvement plan ($69K), pulse project management ($32K), and survey work at the Molong Quarry ($34K).

Capital Expenditure

The September quarter budget variations increase the capital expenditure by $599K. Overall including already approved budget changes, capital expenditure has increased from the original budget by $16.7M.

Cabonne obtained approval from Transport NSW on a varied scope for roadworks at the intersection of Cargo and Lake Canobolas Road for the amount of $455K. A number of water/sewer urgent works were undertaken including installation of leak detection at Mullion Creek ($24K), final flow meter at Canowindra WWPT ($15K), Replacement of broken down Digestor pump ($16K) and additional mains work required at Kite/Bank/Riddell St ($17K). Two sewer pod installations were also budgeted for at $9K each.

Revoted expenditure and carry forwards of $10.7M contribute to the increase in capital expenditure. Major capital works include Puzzle Flat Creek levee ($1.6M), bridge constructions ($2.4M), roadworks ($1.5M) and street lighting ($371K).

Major capital works projects for the 2020/21 year also include the Molong bore construction project ($988K), ‘Everyone can play’ parks projects ($366K), Fixing Local Roads increase ($3.1M), local roads and community infrastructure ($1.29M), Resources for regions - Canowindra amenities and spectator seating ($1.8M).

Reserve Movements

The September budget variations has an impact on council’s cash reserves with an overall reduction of $10.7M. Reductions in the reserves include; Revoted expenditure from Budget Equalization Reserve ($2m), Roadwork Reserve ($2.94M), Capital works Reserve ($2.8M), Plant and Vehicle Replacement Reserve ($777K), Village Enhancement ($564K).

The attached Quarterly Budget Review details the impact of the September budget changes to the Operating Result, Cash Budget, Capital Budget and Restrictions.

ITEM 13 - EVENTS ASSISTANCE PROGRAM

REPORT IN BRIEF

Reason For Report	For Council to consider applications for funding under the 2020/2021 Events Assistance Program
Policy Implications	Nil
Budget Implications	$500 to to be funded from the 2020/2021 Events Assistance Program
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. Molong Advancement Group Events Assistance Program 2021 ⇩⇩ 2. Letters of suport- Molong Poetry Brawl - Banjo Paterson Festival 2021 ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2020 - 2021 - 1180574

Recommendation

THAT Council approve the Event Assistance Program (EAP) funding for the application as detailed in the report.

Acting Leader - Community & Economy's REPORT

Council has received one application under the 2020/2021 Events Assistance Program (EAP).

Council’s Tourism, Culture & Events Coordinator has provided the following assessment.

Current Event Assistance Program Expenditure

The Allocated budget for the Event Assistance Program for 2020-2021 is $40,000. To date the following has been approved expenditure from the budget.

	Applicant	Event	Funding Requested	Total previous funding	Funding Granted
1	Rotary Club of Orange Inc	2021 Banjo Paterson Australian Poetry Festival	$2,000 Core Event	$10,000 over 7 years	$1,000 Core Event
2	Orange Regional Vignerons Association	Orange Wine Festival	$5,000 Flagship Event	$30,500 over 8 years	$2,000 Core Event
3	Mulga Bill Festival Inc	Banjo Paterson Brunch and Sculpture Unveiling	$500 Developing Event	$0	$500 Developing Event
4	Matar Stables Bullio Cup	Matar Stables Bullio Cup	$3,500	$1,500 over 2 years	$3,500 Flagship Event
Total funds granted for the 2020/2021 Event Assistance Program to date.					$7000

A conservative approach has been taken to this application due to the nature of COVID and the fact that there is a presumption that there will be increased applications for events throughout the financial year. Being able to support as many events as possible to get the most value for Cabonne is important to the longevity in event engagement and community support.

Applicant

Event

Funding Requested

Total previous funding

2019-2020 EAP Funding

Recommended Funding

Molong Advancement Group

Molong Poetry Brawl

$1,000

Core Event

$0 for this event.

$500

Core Event

1. Molong Poetry Brawl (Part of Banjo Paterson Australian Poetry Festival)

Molong Advancement Group

This event makes up one of the many events being held for the 2021 Banjo Paterson Poetry Festival. There has previously (including this year) been a total of $11,000 donated by Council to the Banjo Paterson Australian Poetry Festival, which does not include extra given to set events. So far, this financial year application 1 and 3 were both granted funding for the Banjo Paterson Poetry Festival. Under the Guidelines the following has been established:

· It is a developing event which is a smaller community event that makes up the large core event which was established for 2021 Banjo Paterson Poetry Festival.

· They have attached their strategic plan that outlines how the targeted audience will be reached.

· The grant money will be used to assist with promotion of the event.

Based on the guidelines this does meet the criteria for a developing event thus the recommendation of $500.

ITEM 14 - CABONNE COUNTRY TOURISM ADVISORY COMMITTEE

REPORT IN BRIEF

Reason For Report	For Council's consideration, the appointment of membership to the Cabonne Country Tourism Advisory Committee duration from 2020 to 2021.
Policy Implications	Nil
Budget Implications	Included in the Cabonne Council Tourism Plan budget
IPR Linkage	2.2.1.a - Promote strategies listed in the Tourism Plan
Annexures	1. Brendon Argyle Submission ⇩⇩ 2. Leslie Dean Submission ⇩⇩ 3. Nicole Farrell Submission ⇩⇩ 4. Aaron Pearson Submission ⇩⇩ 5. Jack Traves Submission ⇩⇩ 6. Cabonne Country Tourism Advisory Committee Charter ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\MEETINGS\CABONNE COUNTRY TOURISM ADVISORY COMMITTEE - CCTAC - 1181425

Recommendation

THAT Council appoints Nicole Farrell, Jack Traves and Brendon Argyle as members of the 2019-2021 Cabonne Country Tourism Advisory Committee to fill the current vacancies.

ACTING Acting Leader - Community & Economy's REPORT

Under Section 6.1(b)(i) of the Cabonne Country Tourism Advisory Committee Charter) it states

A minimum of 7 individuals who will be selected by the Council of Cabonne following a call for expressions of interest publicised through all local media outlets. The appointment of individuals will be skill set based, including marketing experience and promotion, event management, plan implementation, research and surveying, information technology, creativity, grant writing, networking and life skills.

Following section 7.7 of the Charter Clause 7.2 was adhered to where the following is stated

Council will call for expression of interest to fulfil the minimum of 7 community positions. Following close of nominations, the Council shall select and appoint the individual/s to the Tourism Advisory Committee.

Council’s Tourism, Culture & Events Coordinator has provided the following assessments.

Cabonne Country Tourism Advisory Committee (CCTAC) was established in July 2010 through the support of Council. Initially eleven community members were appointed to the first term which was a duration of two years, followed by seven community members in the second term, third term and forth term.

Due to two vacancies during the fourth term advertising was conducted through the newspaper, Cabonne website, Facebook page and word of mouth promotion. The Expression of Interest (EOI) period to become a Committee member closed on 16 October 2020. The Charter states that a minimum of seven community members are required to be selected by Council.

Currently there are five community members. Recruitment process has attracted five EOI submissions as listed below.

All EOI submissions are attached along with a copy of the Cabonne Country Tourism Advisory Committee Charter.

Summary of Submissions

Applicant	Name	Township	Relationship with Cabonne
Applicant 1	Brendon Argyle	Lidster	Resident of Cabonne Business in Cabonne (Primary Production) Represents a community group in Cabonne Provides a service in Cabonne (Orange App)
Applicant 2	Leslie Dean	Molong	Resident of Cabonne Business in Cabonne Represent a community group in Cabonne (GrowMolong, Molong District Hospital)
Applicant 3	Nicole Farrell	Orange	Provides a service in Cabonne (Country Food Trails)
Applicant 4	Aaron Pearson	Molong	Resident of Cabonne
Applicant 5	Jack Traves	Canowindra	Resident of Cabonne Business in Cabonne (Blue Jacket Motel) Represent a community group in Cabonne (Canowindra Balloon Challenge, Canowindra Service Club Board, Business Chambers and Progress Association of Canowindra.

Applicant 1, Applicant 3, and Applicant 5 all demonstrate a high level of experience and diversity that Cabonne Country Tourism Advisory Committee is seeking. There varying professions and skill set will be advantageous to the committee. As only a minimum of 7 community members is required there were three strong applications and thus the recommendation of three which will take the total of the community members to 8.

ITEM 15 - YEOVAL SHOWGROUND WATER CONSUMPTION

REPORT IN BRIEF

Reason For Report	For Council to consider the request (A10818) to reduce water consumption charges for Yeoval Showground
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.1.1.a - Implement and amend Best Practice for Water Supply within Cabonne water operations
Annexures	1. Annexure to Yeoval Showground Water Supply ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\FEES AND CHARGES\ACCOUNTS-RATE ASSESSMENT - 1180541

Recommendation

THAT Council write off the amount of $1,916.74 from account number 851000000 due to water loss.

Department Leader - Urban Infrastructure's REPORT

Cabonne Council is Crown Land Manager of the Yeoval Showground, with the Yeoval Showground Committee and Yeoval Golf Club actively operating on the site.

The site has two water meters, with one meter for the Yeoval Show Committee and one for the Yeoval Golf Club. The two groups pay the consumption charges separately.

A water main break was observed on the showground/golf club site, which was investigated by the show committee. It was determined by the committee that the break was on the golf club service line but noted the golf club meter was off and the water was passing through the show ground meter. An interconnection between the golf club water service and the show ground water service was found and removed. Council was informed of the issue and the water leak and Council staff inspected the site. A second connection between the systems was found and removed. This re-instated each system back to an independent system.

For amounts of up to $1,000 a request for a reduction in water charges can be made through the Request for Reduction in Water and/or sewer consumption costs policy (ID 1012465). Over $1,000 requires a Council Determination.

Due to the water charges being assigned via meter reads to the Show Ground Water meter, it is not possible to determine the usage or consumption for each independent party.

To recognise the value the volunteer group contributes to the community, it is recommended the water consumption charges are reduced by $1916.74.

ITEM 16 - 2020 CHRISTMAS LIGHTS IN CABONNE

REPORT IN BRIEF

Reason For Report	To support $16,000 from Council VEP 2020 for Christmas light installations in Cabonne
Policy Implications	Nil
Budget Implications	$16,000 from Village Enhancement Program Budget
IPR Linkage	4.3.1.d - Implement the Village Enhancement Program
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\SPECIAL PURPOSE - 1181506

Recommendation

THAT Council endorse the installation of Christmas lights in towns and villages of Cabonne at a total cost of $16,000 to be funded from the 2020/21 Village Enhancement Program budget.

Department Leader - Urban Infrastructure's REPORT

Council has committed to running the Cabonne Christmas Light competition” for 2020. To encourage participation, and to compliment the private entries, it is proposed that Council install a Christmas light display in the various town and village centres of Cabonne.

The light installation by Council will encourage visitors and residents to visit the towns and villages over the Christmas period by adding to the festive feel of the community.

Light displays will be installed by Council, with final locations in each village to be confirmed by discussion with the respective progress associations. $2,000 has been estimated to be required per village or town to install a simple display of solar fairy lights in trees, or solar laser display - where possible and appropriate. This cost estimate includes the purchase of solar lights, placement and post-Christmas removal.

The Proposed Towns and villages and locations are:

Town	Current proposed location
Molong	Molong Christmas Tree near rail station
Canowindra	Memorial park light in tree
Manildra	Kiewa street park lights in tree
Cudal	Cudal Office lights in the garden
Cargo	Village Green lights in tree
Yeoval	Rec ground playground lights in tree
Cumnock	Cumnock Rec ground lights around oval and gateway
Mullion Creek	Lights in tree at playground

Council has committed $500,000 in the 2020/21 Operational Budget for Village Enhancement Projects (VEP). The amount required for the lights installation reflects the value of uncommitted funds in this budget, and the VEP program is suggested to be utilised for this additional project.

ITEM 17 - DAM SAFETY ACT - NEW REGULATORY FRAMEWORK

REPORT IN BRIEF

Reason For Report	Advise Council of new Dam Safety Act including proposed levy
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.1.1.b - Continue to maintain drinking water management system
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\NSW GOVERNMENT - 1179831

Recommendation

THAT Council write to the Minister for Water expressing concerns over the extra costs imposed on the ratepayers of Cabonne by the introduction of the additional dam safety levy.

Deputy General Manager - Cabonne Infrastructure's REPORT

The NSW Government has introduced a new Regulatory framework relating to Dam safety, this comprises the Dam Safety Act 2015, Dams Safety Regulation and associated standards. Whilst this framework commenced on 1 November 2019, there is a two year transition period before this becomes fully operational. Previously the safety of NSW dams was administered under the Dams Safety Act 1978.

The Dam Safety Act creates a body called Dam Safety NSW which will perform the regulatory activities related to Dam Safety in NSW. The primary activities of the new body are as follows:

· Regulatory oversight by reviewing declared dam owners

o policies,

o procedures and processes to confirm compliance

· Regular auditing of systems in accordance with the regulatory framework

· Education and development of resources to assist Dam owners

· Dealing with non-compliance i.e.

o Warnings

o Orders

o Penalty notices

o Prosecutions

o Emergency situations

Dams that are covered under this regulatory framework are defined as declared dams. The definition of a declared dam (Dams Safety Regulation 2019)

· Dam having a wall that is more than 15 metres high

· A dam that Dams Safety NSW is reasonably satisfied would, if there were to be a failure of the dam –

o Cause a major or catastrophic level of severity of damage or loss, or

o Endanger the life of a person,

· A proposed dam that Dams Safety NSW is reasonably satisfied will become a dam referred to previously

· A dam or proposed dam that is a prescribed dam within the meaning of the Dams Safety Act 1978 immediately before the repeal of that Act.

The New Act makes provision for the implementation of a Dams Safety Levy. The purpose of this levy as described in the legislation is to meet the costs incurred in the administration of this Act, this means the running costs of Dams Safety NSW.

The total budget for Dam Safety NSW to fulfil its regulatory obligations is estimated to be around $4.6million per year. This cost includes:

· 22.5 fulltime staff including salaries and overheads

· Costs associated with the Board created as part of the Dam Safety Act being a chair and 4 other members.

It is proposed by the State Government to impose a Levy based on the following model.

· An annual levy to recover costs associated with periodic compliance audits etc

· A fee for service charged to applicants or government funding associated with the declaration of new dams and the consideration of mining consent applications that may impact on existing dams.

Dams Safety NSW is proposing to implement an annual levy on Dam owners from 1 July 2021 based on Consequence Category.

The levy varies by consequence category, reflecting the higher consequence category requiring more staff time than dams with lower consequence category. For owners of multiple dams the levy on subsequent dams is 30% lower than the 1^st dam (being the highest consequence category dam).

Consequence Category	First Dam	Subsequent Dams
	$ per year	$ per year
Extreme	$16,923	$11,846
High A	$14,992	$10,494
High B	$14,992	$10,494
High C	$14,992	$10,494
Significant	$9,094	$6,366
Low	$5,048	$3,534

The justifications for the levy from the State Government regarding funding the operations of Dam Safety NSW are as follows:

· Recovering costs incurred by Dams Safety NSW will encourage efficiency by:

o Passing the cost of administering the dams safety regulatory framework onto dam owners (or other entities that cause the costs to be incurred), which ensures that the full cost of providing dam-related services are reflected in prices

o Reducing the call on general taxation revenue, thereby avoiding the associated efficiency costs;

· Cost reflective fees and charges could be considered equitable from the perspective that the dam owners that cause the regulator to incur costs ultimately pays for them (consistent with the ‘impactor pays’ principle).

· An efficient cost recovery mechanism ensures that Dams Safety NSW has sufficient funding to support their activities to manage safety risks, including ensuring that revenue increases commensurately with workload. In particular, when new dams are declared, an efficient cost recovery mechanism would ensure that the fees and charges collected from these new dams would reflect the cost of the additional regulatory activities.

It should also be noted that the levy amount and cost recovery is based on current estimated costs, there is recognition that costs will presumably increase over time due to general inflation which includes wages, to maintain revenue in real terms there will need to be indexation as a minimum on an annual basis.

Cost Implications for Cabonne Council – based on the Current dams maintained by Cabonne Council being:

· Molong Creek Dam – assessed as risk category High A;

· Borenore Dam – Assessed Risk Category Low

The current estimated Levy is $18,526p.a.

Summary

As part of the new Dam Safety Act the NSW State Government is proposing a levy to fund the new body Dams Safety NSW. The levy is proposed to come into action on 1 July 2021 and will mean an extra cost to Cabonne Council of $18,526 p.a.

Currently Cabonne Council’s water income is approximately $1.35 million p.a. This levy alone equates to an increase of costs of 1.4% which will need to be recovered, adding extra burden to the Cabonne Council supplied water users.

Equally Cabonne residents will possibly be similarly impacted as customers of Central Tablelands Water who are subject to the same levy.

ITEM 18 - RESERVE FUNDING - BUDGET VARIATION

REPORT IN BRIEF

Reason For Report	For Council to approve budget variation for works on vegetation
Policy Implications	Nil
Budget Implications	$120,750 increase to tree budget, to be funded from Local Road Construction - Culvert Replacement
IPR Linkage	1.1.1.a - Complete the annual rural and urban roads maintenance program
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\MAINTENANCE\STORM DAMAGE REQUESTS - 1179406

Recommendation

THAT Council approve the budget variation in the amount of $120,750 to maintain upkeep of trees and vegetation.

Department Leader - Transport Infrastructure's REPORT

The demand for maintenance of trees and vegetation this year has been much higher than average. A higher than usual of customer requests for trees over road and dangerous trees leaning has been recorded;

	Requests Received	Expenditure
2019/20 (Full Year)	20	$352,598
2020/21 (Year to date)	22	$220,965

Increase in requests, and thus expenditure, has come about due to a weakening of trees structure during a lengthy drought period, combined with a wet winter period saturating the ground with wind gust conditions causing tree limbs and trees to fall over roads.

In the current year to date, the trees works have been reactive to these conditions, and as such, proactive works such as tree limb clearing to accommodate for the upcoming harvest has not been undertaken. Vehicles will be moving to the centre of the road to avoid overhanging branches and tree limbs if this proactive works are not undertaken.

Given the urgency of this works, it is suggested that Council redirect funding within its current budget program towards tree maintenance. An available budget source is the capital culvert program (340108) of which $648,820 has been allocated in 2020/21. This budget will be reduced to $528,070 should Council agree with the recommendation of this report.

Council has recently received grant funding for culvert replacement which will offset the reduction in the culvert replacement program budget.

ITEM 19 - EUGOWRA VOLUNTARY PURCHASE

REPORT IN BRIEF

Reason For Report	To seek Council's agreement to voluntary purchase 8 North Street, Eugowra following consultation with the Eugowra Floodplain Consultative Committee
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.2.2.a - Implement Eugowra Floodplain Management Plan
Annexures	1. EFCC Meeting Minutes-RE 8 North Street Eugowra ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION\EUGOWRA FLOODPLAIN - 1179842

Recommendation

THAT 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 being granted from Department Planning, Industry and Environment.

Department Leader - Assets & Technical Support's REPORT

On 28 July 2020, Council resolved to consult with the Eugowra Consultative Floodplain Committee regarding the proposed voluntary purchase of the property 8 North Street Eugowra.

Accordingly, Council staff arranged a meeting with the members of the committee to consult and discuss on the application received for the voluntary purchase of 8 North Street Eugowra. This application is the only one application received so far for the voluntary purchase in Eugowra.

During the meeting held with the Committee members on 6 October 2020 at Eugowra Memorial Park, the members raised the following main questions and the committee responded by advising that they will not provide advice and requested Council does not seek any funding in relation to the purchase of 8 North Street Eugowra until the responses to the following main queries have been supplied to the committee members.

The Council supplied the responses in the Notes of Meeting held on 6 October 2020. The Notes of the Meeting were distributed to the committee members in early November 2020. The responses by the Council are included in the following table. The Notes of the Meeting are included in the Annexure 1.

Question by the committee members	Responded by the Council
What are the policies surrounding Flood Planning for Eugowra, the Voluntary Purchase Scheme, Council’s development controls, specifically the policy/plan on use of the land after the voluntary purchase and demolition of the purchased property?	Cabonne Development Control Plan No.16 covers development on flood prone land (including suitable land uses) – a copy is attached. The DCP does not specifically provide a land use for land that is purchased through the Voluntary Purchase Scheme, however given the lots are generally within the floodway, there would be limited use suitable for the lots.
The committee members mentioned the floor level of the 8 North Street Eugowra, has been raised, so the property is not eligible for the voluntary purchase.	Council does not have any records of a Development Application for raising of the floor level of the dwelling (development consent would be required for such works). The current flood study (March 2010 review) identified that the dwelling was inundated to 0.42m above the flood level.
What is the status/validity of their committee with Council?	Council is implementing Floodplain Mitigation Programs such as the Voluntary Purchase Scheme, Construction of Puzzle Flat Creek Levee and in this context, Council is considering the formation of a new Floodplain Consultative Committee in Eugowra in due course of time.

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

ITEM 20 - PEAK HILL ROAD UPGRADE UNDER ROADS OF STRATEGIC IMPORTANCE (ROSI) PROGRAM

REPORT IN BRIEF

Reason For Report	To provide Councillors with information regarding Council contributing 20% of the funding for the Peak Hill Road Upgrade project under the Roads of Strategic Importance (ROSI) program
Policy Implications	Nil
Budget Implications	The Australian Govt contributing 80% and Council the remaining 20% for this project. Works to be undertaken within the 21/22 - 22/23 Capital Works Program.
IPR Linkage	1.4.1.a - Construction of local roads
Annexures	1. Roads-of-strategic-importance-initiative-investment-principles ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\ROADS OF STRATEGIC IMPORTANCE INITIATIVE - 1176684

Recommendation

THAT Council agrees to the 20% contribution to the Peak Hill Road Upgrade in the event of receipt of the grant funding under the Roads of Strategic Importance (ROSI) program.

Department Leader - Assets & Technical Support's REPORT

The Australian Government is investing $4.6 billion in the Roads of Strategic Importance (ROSI) initiative to help connect regional businesses to local and international markets, and better connect regional communities.

ROSI initiative is expected to ensure key freight roads efficiently connect agricultural and mining regions to ports, airports and other transport hubs. It will deliver works such as road sealing, flood immunity, strengthening and widening, pavement rehabilitation, bridge and culvert upgrades and road realignments. On 13 October 2018, the Government released the ROSI Investment Principles (included in Annexure 1), which set out the objectives for investment through ROSI.

In accordance with the Department of Infrastructure, Transport, Regional Development and Communications, ROSI will support upgrades to the 26 key freight corridors, and approximately 50 other ROSI initiatives across Australia.

In line with this initiative, Cabonne Council had also included the Peak Hill Road project as a potential upgrade project for B-double route in the list of road projects submitted to the Department of Infrastructure, Transport, Regional Development and Communications through Central NSW Joint Organisation under the Roads of Strategic Importance initiative. The Department has assessed this Peak Hill Road project as consistent with the ROSI Investment Principles and requested written confirmation that the Council will be in a position to contribute 20% of the funding for this project.

ROSI projects are jointly funded and the Australian Government’s contribution is to be 80% of the project costs. Summary of the project is shown in the Table below:

Table

Peak Hill Road Upgrade project, Caboonne LGA
· Estimated Cost:	$10.8 million
· Length of the Road:	16.10 km
Estimated commencement of construction	6-12 months from the date of the signing the funding agreement.
Estimated completion	2.5 years from the date of the signing the funding agreement.
Estimated Council contribution	$2.16 millions (20% of the total project cost)

Roads to Recovery fund could be utilized to fund the Council contribution spreading over two financial years (2021-22, 2022-23) amounting $1.08 million in each financial year. Other funding opportunities exist through State Government including Fixing Local Roads, of which a round of funding has recently opened.

ITEM 21 - FUNDING OFFER FOR REPLACEMENT OF WASHPEN BRIDGE ON GUNDONG ROAD

REPORT IN BRIEF

Reason For Report	Council to approve the 50% Council contribution for Washpen Bridge under Australian Government Bridge Renewal Program funding offer.
Policy Implications	Nil
Budget Implications	Council contribution: $1,145,400 for Washpen Bridge to be funded in the 2021/22 Capital Works Program
IPR Linkage	1.1.4.c - Local road bridge construction undertaken
Annexures	1. Location of Washpen Bridge on Gundong Road ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\BRIDGE RENEWAL PROGRAMME - 1180545

Recommendation

THAT Council:

1. Approve the 50% Council contribution amounting $1,145,400 for the replacement of Washpen Bridge on Gundong Road in accordance with the funding offer under the Australian Government Bridge Renewal Program.

2. Include the Washpen Bridge project in the 2021/22 Operational Plan.

Department Leader - Assets & Technical Support's REPORT

Council had submitted application for funding for the replacement of Washpen Bridge on Gundong Road with a dual lane concrete bridges, under the Federal Government’s Bridge Renewal Program (Round 5).

Council has been successful in qualifying for Australian Government funding under the Bridge Renewal Program for the replacement and upgrade of following two bridges presented in the Table below.

Table

Bridge

Estimated Total Project Cost

Australian Government Contribution

Council Contribution

Washpen Bridge replacement, Gundong Road, Obley.

$2,290,800

$1,145,400

Under the proposed funding agreement, Council is required to contribute 50% of the total project cost which are shown in the Table above.

The Central New South Wales Joint Organisation inspection of major bridges structure undertaken in 2018 identified the Washpen Bridge as being structurally unsafe to carry B-Double traffic, and a priority for replacement.

Replacing this poor conditioned single lane bridge with dual lane concrete bridge and realigned bridge approaches will allow safe and reliable transport for heavy vehicles, school buses, including for current bus routes. It facilitates increment of the productivity and access to Graincorp collection site in Manildra.

The proposed works will also realign the bridge to a more favourable location for traffic flow and heavy vehicle freight movements.

There are further opportunities for state government grant funding, such as Fixing Country Bridges, which will be pursued to further reduce the funding required from Council’s general fund.

ITEM 22 - DA2019/0010/1 MODIFICATION OF FARM STAY ACCOMODATION LOT 12 DP 868993 GRIFFIN ROAD ORANGE

REPORT IN BRIEF

Reason For Report	ORIGINAL DEVELOPMENT APPLICAITON DETERMINED BY COUNCIL
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	1. DA2019 0010 1 DRAFT DEVELOPMENT CONSENT ⇩⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2019\03-2019-0010 - 1179327
Previous Items	11 - DEVELOPMENT APPLICATION 2019/0010 FARM STAY ACCOMMODATION LOT 12 DP 868993, GRIFFIN ROAD, ORANGE - Council - 25 Jun 2019 2:00pm

Recommendation

THAT Development Application 2019/0010/1 be granted development consent subject to the modified development consent attached.

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 s147(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 s147(5) 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.

The following report provides an assessment of the modification of development application DA2019/0010 submitted for Farm Stay Accommodation at Lot 12 DP 868993, Griffin Road, Orange. The application was originally approved by Council on 25 June 2019. The modified application was notified for a period of 14 days. During this period one (1) submission was received in support of the proposal.

Approval is require from the Council as the original development application was approved by the Council in June 2019.

It is recommended that the modified application be approved subject to the attached conditions of consent.

Applicant: Carnegie Pastoral Pty Ltd

Owner: JA Kermode

Proposal: Farm Stay Accommodation

Location: Lot 12 DP 868993, Griffin Road, Orange.

Zone: RU1 Primary Production

THE APPROVED DEVELOPMENT

Development consent was granted to construct 3 cabins on the subject site for use as a Farm Stay Accommodation as well as a new access road from Griffin Road and parking areas for the cabins.

The cabins will be located towards the south-eastern corner of the lot. The applicant has proposed 2 separate floorplans for the cabins, with two ‘Type A’ cabins and one ‘Type B’ Cabin.

The ‘Type A’ cabins are rectangular in and shape will comprise:

· Living Room with kitchenette

· Bedroom

· Bathroom

· Deck

· 2 x 4240L Water Tanks

· Overall floor area of 75.24m²

The first Type A Cabin will be located approx. 163m from the north-west boundary (Griffin Road), 176m from the north-east boundary and 160m from the east boundary.

The second Type A Cabin will be located approx. 114m from the Eastern boundary and 139m from the south boundary.

The single ‘Type B’ Cabin is triangular in shape with a mezzanine level and will comprise:

· Living Room with kitchenette

· Bedroom in the mezzanine level

· Bathroom

· Deck

· 2 x 4240L Water Tanks

· Overall Floor area of 94.03m²

The Type B cabin will be located 89m from the south boundary and 108m from the east boundary.

The combined Gross Floor Area of all 3 cabins being 244.51m².

Access to the cabins will be via a new driveway to be constructed from Griffin Road. The driveway will divide into 3 separate arms to provide private access and parking to each cabin.

A water supply of 8480L is proposed for each cabin, whilst a centrally located solar tower and windmill with an incorporated battery will provide electricity for each cabin. No connection to mains power or any additional water services are proposed (no new bores or dams). The applicant has also advised that no water from the existing dam on the subject lot will be used as part of the accommodation.

PROPOSED MODIFICATION

The applicant is seeking consent to modify the floor plans of all three accommodation buildings. No changes are proposed in the location of the three cabins; however, a single floor plan is proposed for the three cabins.

The cabins are now proposed to consist of a single floor building with an internal area of 26.02m² and an external deck area of 7.07m². Each building will consist of:

· Bedroom (opening on to the deck)

· Bathroom (including WC)

· Small kitchenette

· Fireplace

The cabins will be constructed with an ‘A’ frame extending from 4.78m at the front to 3.21m at the rear.

No changes have been proposed to the access or operational details of the cabins. Water supply and stormwater disposal has been amended with roof water to be captured via an exempt farm building and then re-used to supply the cabins. Stormwater is proposed to be disposed of via ag lines for each building.

SITE

The subject site, Lot 12 DP 868993, is a rural allotment on the south-eastern side of Griffin Road, approx. 1km south-west of the intersection of Griffin Road and Mitchell Highway and approx. 7km from the Orange CBD.

The lot is 15.19Ha in area and has a general slope west to east across the lot, with a fall of approx. 30m from the western to eastern boundaries.

The lot is generally cleared with a small number of clusters of mature trees located on the lot. The vegetation is identified as:

· Blakely’s Red Gum and Yellow Box Open Woodland of the Tablelands

· Apple Box, Yellow Box, Mountain Gum Open Woodland

A farm dam is located on in the south-eastern corner of the lot and straddles the southern boundary (with a large portion of the dam contained in the unformed crown road reserve and the neighboring lot to the south).

The lot is currently utilized for agricultural pursuits being cattle grazing and cropping.

The surrounding area comprises small to medium rural allotments with a number of dwellings. An established vineyard is located to the south of the subject site.

The lot was created in 1997 by Development Application DA1997/42 as an agricultural allotment.

MATTERS FOR CONSIDERATION

The proposed development has been lodged pursuant to clause 4.55(1A) of the Act as a modification involving minimal environmental impact.

Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 states:

A consent authority may… modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c) it has notified the application in accordance with—

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Pursuant to Section 4.55(3) of the Act,

In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

In consideration of the requirements of Section 4.55(1A), Council must consider:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

As established in King, Markwick, Taylor & Ors v Bathurst Regional Council [2006] NSWLEC 505, minimal environmental impact is taken to mean that the impacts associated with the proposed modification application are expected to be within the same scale as those that were approved under the original consent and may include changes to internal or external building layouts, minor changes to scheduling of stages of projects, minor design changes such as façade changes, or minor intensification or expansion of activities at a site with ‘‘very small’’ or ‘‘negligible’’ overall environmental impacts.

In consideration of the above, the modified development involves a reduction of floor area of the overall development, as such the potential impacts are likely to be reduced. It is considered that the proposed changes are only minor and there will be limited potential for the modified development to intensify in terms of noise, and patron capacity.

As detailed throughout the body of this report, the modified development is considered to negligible environmental impacts.

The Court has held that whether a modification has minimal environmental impact depends on the particular circumstances of the case. Even though “minimal” means “very small” or “negligible”, a proposal that adds an additional level to part of an approved development, comprising additional floor space (even a material amount of additional floor space) is not necessarily incapable of falling within section 4.55(1A) (Bechara v Plan Urban Services Pty Ltd [2006] NSWLEC 594; King v Bathurst Regional Council [2006] NSWLEC 505).

When assessing a modification application, Council must be satisfied that what is proposed is “substantially the same” development as the original development, as set out in Section 4.55(1A) of the EP&A Act. Whether the development will be “substantially the same” as the original consent is a mixed question of fact and law. This decision can be guided by principles and tests established in the Courts.

Modify means to alter without radical transformation (Sydney City Council v Ilenace Pty Ltd (1984) 3 NSWLR 414 at 421). Modification applications can create some changes in the external appearances of the approved development. In Tipalea Watson Pty Ltd v Ku-Ring-Gai Council [2003] NSWLEC 253 the Commissioner confirmed that external changes to an approved building are acceptable under a Section 96 application given that external appearance is only but one aspect of a development that makes a whole entity.

The traditional ‘test’ as to whether or not a development as modified will be “substantially the same” development as that originally approved was applied by J Stein and the Court of Appeal in Vacik Pty Limited v Penrith City Council (1992, NSWLEC 8) (hereafter referred to as “Vacik”), and endorsed by J Bignold in Moto Projects (No. 2) Pty. Limited v North Sydney Council (1999) 106 LGERA 298 (hereafter referred to as “Moto”).

J Stein stated in the Vacik case: “In my opinion ‘substantially’ when used in the section [s102, the predecessor of s96] means essentially or materially having the same essence”.

J Bignold expressed in the Moto case: “The requisite factual finding obviously requires a comparison between the development, as currently approved, and the development as proposed to be modified … not merely a comparison of the physical features or components of the development … rather … involves an appreciation, qualitative as well as quantitative, of the developments being compared in their proper contexts (including the circumstances in which the development consent was granted).”

J Bignold came to deal with the matter of “substantially the same” again in Tipalea Watson Pty. Limited v Kurringai Council (2003) 129 LGERA 351. From this Judgement, one can distil a list of matters or ‘tests’ to consider, being whether the modification involves the following:

(a) significant change to the nature or the intensity of the use.

The original consent was granted for a Farm Stay Accommodation which provided three (3) accommodation buildings each capable of providing temporary accommodation for 2 people. The modification proposal involves amending the layout of the accommodation buildings to reduce their footprint but will still provide temporary accommodation for two (2) people.

The development as modified, does not involve a significant change to the nature and intensity of the approved use. It is therefore considered that the modified proposal is precisely the same use for which consent was originally granted.

(b) significant change to the relationship to adjoining properties.

The modified development seeks to amend the floorplan of the three (3) buildings, but retain their approved locations. The modified development does not pose any significant changes and the overall height, external finishes and configuration of the original approval is consistent with that of the original approval.

Accordingly, it is considered that the modification does not significantly change the relationship to the adjoining properties.

(c) averse amenity impacts on neighbours from the changes.

The modified proposal is unlikely to generate adverse impacts upon the amenity of the neighboring properties. The change in floor area is highly unlikely to have any impacts upon the neighboring properties. The visual and privacy impacts of the neighbor is not compromised as a result of the modified proposal. The overall visual presentation of the modified proposal is consistent with that of the original consent 9although it is noted that the overall footprint of the buildings will be reduced.

The modified proposal will not result in any intensification of the use of the land beyond the current approved use.

Accordingly, the proposal will not result in averse impacts upon the neighboring properties as a consequence of the modification.

(d) significant change to the streetscape; and

Whilst the modification application differs from the plans of the original consent, the overall height and external configuration of the development is relatively consistent with that of the original consent. The appearance of the development, as modified, does not significantly alter the developments presentation to the streetscape.

(e) change to the scale or character of the development, or the character of the locality.

There is no change to the scale of the development. In consideration of the above, the proposal is considered to be substantially the same development as the as the proposed changes are minor and do not radically transform the building or the proposed development.. Consent was originally granted for a Farm Stay Accommodation. The development as modified, does not alter the current approved use of the site, nor does it intensify the use. The development as modified is precisely the same use. In this regard, the fundamental characteristics of the development as modified, are substantially the same as the development for which consent was originally granted.

(c) it has notified the application in accordance with—

(i) the regulations, if the regulations so require, or

The modified development does not compromise notifiable development pursuant to Clause 117 of the Environmental Planning and Assessment Regulation 2000 or Council’s Community Participation Plan. Public notice and exhibition of the modified development was not required.

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

One (1) submission was received in relation to the proposed development, however it was in support of the development.

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.

Trigger 1

The site is not mapped on the Biodiversity Values Map.

Trigger 2

Pursuant to clause 7.2 of the Biodiversity Conservation Regulation 2017 clearing of area of land that exceeds threshold of the minimum lot size of the lot requires a BDAR to be lodged with the development application:

Minimum lot size of land	Area of clearing
Less than 1 hectare	0.25 hectare or more
Less than 40 hectares but not less than 1 hectare	0.5 hectare or more
Less than 1,000 hectares but not less than 40 hectares	1 hectare or more
1,000 hectares or more	2 hectares or more

The proposed modification reduces the amount of vegetation to be removed (through the reduction in the floor area of the buildings. As such, no BDAR is required as part of the modification.

Trigger 3

With regard to the third trigger, the test for determining whether proposed development is otherwise likely to significantly affect threatened species is listed in the BC Act 2016, under s7.3:

(a) in the case of a threatened species, whether the proposed development or activity is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction,

(b) in the case of an endangered ecological community or critically endangered ecological community, whether the proposed development or activity:

(i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

(ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,

(c) in relation to the habitat of a threatened species or ecological community:

(i) the extent to which habitat is likely to be removed or modified as a result of the proposed development or activity, and

(ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed development or activity, and

(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species or ecological community in the locality,

(d) whether the proposed development or activity is likely to have an adverse effect on any declared area of outstanding biodiversity value (either directly or indirectly),

(e) whether the proposed development or activity is or is part of a key threatening process or is likely to increase the impact of a key threatening process.

Having regard to the above provisions, 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 rural 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.

INTEGRATED DEVELOPMENT:

Fisheries Management Act 1994	No	Heritage Act 1977	No
Mine Subsidence Compensation Act 1961	No	National Parks & Wildlife Act 1974	No
Protection of the Environment Operations Act 1997	No	Roads Act 1993	No
Rural Fires Act 1997	No	Water Management Act 2000	No

MODIFICATION OF CONSENTS—GENERALLY s4.55

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

Cabonne Local Environmental Plan 2012

Clause 1.2 Aims of the Plan

The broad aims of the LEP 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.

Comment: The modified development remains consistent with the objectives of the LEP.

Clause 1.9A Suspension of covenants, agreements and instruments

This clause provided that covenants, agreements or other similar instruments that restrict the carrying out of development upon the subject land do not apply unless such are:

· Covenants imposed or required by council

· Prescribed instruments under s183A of Crown Lands Act 1989

· Any conservation agreement under National Parks and Wildlife Act 1974

· Any trust agreement under the Nature Conservation Trust Act 2003

· 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 made under Section 7.4 of the Environmental Planning & Assessment Act 1979

Comment: No changes to the previous comments regarding the prohibition of a dwelling on the subject lot.

Mapping

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

Land zoning map	Land zoned RU1 Primary Production
Lot size map	Minimum lot size 100 Ha
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	Has biodiversity sensitivity on the subject land. · Blakely’s Red Gum and Yellow Box Open Woodland of the Tablelands · Apple Box, Yellow Box, Mountain Gum Open Woodland
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	Groundwater vulnerable and affected by riparian, watercourse.
Land reservation acquisition map	Not applicable.

These matters are addressed in the report following.

Cabonne Local Environmental Plan 2012

The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012. Farm Stay Accommodation is permissible within this zone, subject to Council’s development consent.

Farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.

Objectives of the RU1 Primary Production zone

The proposal is not contrary to the aims of the LEP or the objectives of the RU1 zone. The development relates to and is consistent with the zone objectives which seek to:

· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

· To encourage diversity in primary industry enterprises and systems appropriate for the area.

· To minimise the fragmentation and alienation of resource lands.

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

· To enable function centres, restaurants or cafes and appropriate forms of tourist and visitor accommodation to be developed in conjunction with agricultural uses.

Comment: The application remains consistent with the objectives of the RU1 Primary Production Zone. The reduced floor area of the cabins will increase the area of the lot available for primary production.

Part 4 – Principal development Standards

No principal development standards are applicable to the proposed development given that no subdivision or dwellings are proposed on the subject lot.

Part 5 – Miscellaneous provisions

No miscellaneous provisions are applicable to the subject site or this development.

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

No changes to the previous assessment.

Clause 6.4 Groundwater vulnerability

No changes to the previous assessment.

Clause 6.6 Riparian land and watercourses

No changes to the previous assessment.

Clause 6.8 Essential services

The modification seeks to maintain the existing approved vehicle access, septic system, and electricity supply. The applicant is seeking to alter the provision of water and management of stormwater as follows:

· Due to the amended roof design, the recapture of roof water is no longer possible. Further to this, the reduced roof area would reduce the roof water harvesting potential.

· The applicant is proposing to construct a farm building and water tank under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as exempt development to provide sufficient roof area to capture the water (as well as provide storage for the agricultural land uses of the lot). The maximum size Farm building that can be constructed under this EPI is 200m².

· The building will be in a suitable location to provide gravity fed water to the cabins.

· The existing approved development had a combined roof area of approx. 235m², with each cabin proposed to harvest water for reuse.

· The reduction in the water harvesting area (to 200m²) will still provide sufficient water capture (approx. 180,000L annually based on long term average annual rainfall) for the cabins given the limited services they supply (no kitchenette for preparing meals or laundry for washing clothes and maximum capacity of two persons). Assuming annual rainfalls, there will be 250L per person per day to use (based on the approved maximum use of 360 days per annum for all three cabins).

· Stormwater will be disposed of via ag lines for each building. Given the reduced size of the buildings (with a roof area of approx. 40m²), this is deemed a suitable method of stormwater disposal.

REGIONAL ENVIRONMENTAL PLANS

There are no Regional Environmental Plans that apply to the subject land.

STATE ENVIRONMENTAL PLANNING POLICIES

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 modified 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 a potential investigation area for a Koala Plan of Management.

· The subject land is generally 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 modified 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.

State Environmental Planning Policy No. 55: Remediation of Land

Council must not consent to the carrying out of development unless it has considered whether the land is contaminated, and if it is contaminated, whether it is suitable for the proposed development in its current state.

The subject site has historically been utilized for agricultural purposes (predominantly grazing and cropping) with no known contaminating land uses occurring on the lot. Therefore, Council is satisfied that the subject site is suitable for the proposed development in its current state.

State Environmental Planning Policy (Building Sustainability Index: 2004)

Whilst not required under the SEPP or the Regulations, the applicant lodged a BASIX Certificate for ‘Multi-Dwelling Housing’ for the three proposed cabins (1144147M). A condition of consent will be imposed to ensure the BASIX commitments are upheld.

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s4.15(1)(a)(ii)

From 31 January to 13 April 2018 the Department of Planning and Environment publically exhibited an Explanation of Intended Effect (EIE) and Draft Planning Guidelines for the proposed Remediation of Land SEPP, which will repeal and replace State Environmental Planning Policy 55 – Remediation of Land (SEPP 55). Of particular note, the Draft Planning Guidelines state:

“In undertaking an initial evaluation, a planning authority should consider whether there is any known or potential contamination on nearby or neighbouring properties, or in nearby groundwater, and whether that contamination needs to be considered in the assessment and decision making process.”

“If the planning authority knows that contamination of nearby land is present but has not yet been investigated, it may require further information from the applicant to demonstrate that the contamination on nearby land will not adversely affect the subject land having regard to the proposed use.” (Proposed Remediation of Lands SEPP - Draft Planning Guidelines, Page 10).

The Draft SEPP requires in part that consideration be given to potential contamination on nearby or neighbouring properties and groundwater. Land adjoining the site is not identified or considered to be contaminated. The contamination status of neighbouring business lands will not impact on the modified development.

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

Development Control Plan No 5 – General Rural Zones applies to this development.

The DCP generally provides controls around subdivision of rural land and construction of dwellings, with no specific controls for non-residential land uses.

It is noted that the objectives of the DCP specifically allow for innovative and imaginative building and development and also enables other forms of development to be undertaken within the Rural Zones as long as it is in keeping with the rural character of the area and is compatible with the rural land uses. Most notably the DCP specifically emphasizes that development should preserve the right to farm of existing agricultural establishments.

Therefore, Council is satisfied that the development is consistent with the DCP objectives. The modest scale of the Farm Stay Accommodation, as well as the setbacks to adjoining properties ensures that the development will not adversely impact upon the on-going agricultural pursuits of the subject lot or neighbouring allotments.

Further to this, the small scale of the structures and the materials chosen ensure that the development will be integrated into the rural character of the area.

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

The proposal does not contravene the relevant provisions of the regulations.

SECTION 4.15(1)(B) - LIKELY IMPACTS OF THAT DEVELOPMENT

Context and Setting

The modified development further reduces the footprint of the buildings, and in turn reduces potential impacts on the broader rural land surrounding the subject site.

Streetscape

As per the previous assessment, the buildings will not be visually dominant within the landscape or streetscape. The reduction in the footprint of the buildings as a result of the amended floor plans will further reduce potential impacts.

Traffic, Access and Parking

No changes are proposed to the traffic, access or parking.

Utilities

As identified above (under clause 6.8 of the LEP), the applicant is seeking to amend the water supply for the cabins, with water to be harvested from a farm building and water supply via gravity to the accommodation buildings. The amended water supply will still ensure sufficient water for the use of within the cabins. No adverse impacts identified.

Stormwater

The stormwater will be collected from the roof of each cabin and diverted to a proposed ag line to ensure it is at a natural flow rate and not have an adverse impact to the subject site.

Flora and Fauna

No changes as a result of this modification.

Safety and Crime

No changes as a result of this modification

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

The subject lot, Lot 12 DP868993, is suitable for the proposed development as it is a rural zoned allotment being developed for uses ancillary and complementary to the rural and agricultural use of the lot in accordance with Council’s planning controls.

Physical Attributes and Hazards

There are no known technological or natural hazards that would affect the proposed development.

DEVELOPMENT CONTRIBUTIONS

No contributions apply to the development.

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

The proposed development is not advertised development.

The proposed development was neighbourhood notified. One (1) submission was received by the close of the exhibition phase. The submission was in support of the development. As such, the submission will not be addressed in detail.

PUBLIC INTEREST s4.151)(e)

The public interest is a broad consideration relating to many issues and is not limited to the issues raised in this report. Taking into account the full range of matters for consideration under Section 4.15 of the Environmental Planning and Assessment 1979 (as discussed within this report) it is considered that approval of the application is in the public interest.

CONCLUSION

The proposed modified development is permissible with the consent of Council. The modified development complies with the relevant aims, objectives and provisions of the LEP. A Section 4.15/4.55 assessment of the development indicates that the modified development is acceptable in this instance. Attached is a draft Modified Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

ITEM 23 - 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 - 1155647

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 24 - 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 - 1155648

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 25 - 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 - 1155649

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 26 - 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 - 1155650

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 - 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 - 1155655

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 2 - 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 October 2020 ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1179673

Department Leader - Finance's REPORT

The Rate Collection Summary to 31 October 2020 is attached for Council’s information. The percentage collected is 36.8% which is down slightly compared to previous years.

The second instalment is due for payment on 30 November 2020.

ITEM 3 - 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. October Investment Report ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1179670

Department Leader - Finance's REPORT

Council’s investments as at 31st October 2020 stand at a total of $42,905,894.

Council’s average interest rate for the month of October 2020 was 0.69%. 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 October. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 0.09%.

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 October 2020 is attached for Council’s information.

ITEM 4 - PRESENTATION OF 2019/2020 FINANCIAL STATEMENTS

REPORT IN BRIEF

Reason For Report	To notify councillors of the completion of the audit of the 2019/20 financial statements and of the presentation by council's auditor.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Annual Report prepared
Annexures	1. Financial Statements 2019 2020 ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUDIT\AUDIT OFFICE OF NSW - 1179791

Department Leader - Finance's REPORT

At the October council meeting, councillors were presented with the draft 2019/2020 Annual Financial Statements. The statements have now been finalised with the Audit Office NSW, with an unqualified report.

Mrs Leanne Smith from Intentus Chartered Accountants is council’s auditor appointed by the Audit Office NSW. She will address council at its ordinary meeting on Tuesday 24 November, in relation to council’s 2019/20 statutory financial statements. The presentation will focus will on the conduct of the audit and council’s financial results.

The financial statements were sent to the Office of Local Government prior to the deadline, which is the close of business 30 November 2020. They will also be presented to the Audit, Risk and Improvement Committee on 18 November 2020.

Copies of the General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules are attached to this report for the information of councillors.

ITEM 5 - 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	Nil
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 - 1179947

General Manager's’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 were NIL allocation of funds processed in the past month

ITEM 6 - COUNTRY MAYORS ASSOCIATION

REPORT IN BRIEF

Reason For Report	To update Council on matters discussed at the Country Mayors Association meeting held on 6 November 2020.
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	1. CMA AGM Minutes 2020 6 November ⇩⇩ 2. CMA Minutes 2020 6 November ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\COUNTRY MAYORS ASSOCIATION OF NSW - 1179954

General Manager's REPORT

The Mayor and General Manager attended the Country Mayors Association AGM and General meeting at the International Convention Centre, Darling Harbour Sydney on 6 November 2020.

Special guests included:

· Professor, Mary O’Kane, NSW Independent Bushfire Inquiry

· Peter Duncan AM, Member Independent Panel for the Road Classification Review and Transfer

· Hon Mick Veitch MLC, Shadow Minister for Industry and Trade, Rural Roads, Rural Affairs and Western NSW

Minutes of the meeting are attached for Councillors’ information. Any queries regarding items discussed should be directed to the Mayor or General Manager.

ITEM 7 - CHRISTMAS IN CABONNE- EVENTS AND ASSISTANCE

REPORT IN BRIEF

Reason For Report	Report for Councillor information.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 1180707

Acting Leader - Community & Economy's REPORT

The Community & Economy team have cumulatively worked on “Christmas in Cabonne” which supports and encourages community groups and business to market and create events for the Christmas period.

Council’s Tourism, Culture & Events Coordinator has provided the following summary.

Two Events

Canowindra Christmas Shopping Day 28 November 2020

Presented by the Canowindra Business & Progress Association.

Molong Christmas Shopping Evening 4 December

Created through Molong businesses and Molong Advancement Group.

The Canowindra Christmas Shopping Day has already received support from Council for their prizes on the day. The Molong Christmas Night will be run for the first time this year.

The Community and Economy Team have worked on a Christmas marketing suite that encourages local business and associations to promote Christmas in Cabonne and Shop Cabonne. These will be distributed in the week beginning Monday 16 November. Below is the banner and the badge for noting.

The Community and Economy team have also worked with both the progress association and advancement group to create posters for the events with the ‘Christmas in Cabonne’ banner and ‘Shop Cabonne’ badge. As a further support Cabonne Council will assist with printing those posters.

In conjunction with Blayney Council and Orange 360, a two week radio advertisement will be run which encompass Christmas in the Villages and will promote both these events.

ITEM 8 - CABONNE INFRASTRUCTURE REPORT

REPORT IN BRIEF

Reason For Report	To update Council on the status of works being undertaken by the Infrastructure Department.
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 Infrastructure November 2020 ⇩⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 1180475

Deputy General Manager - Cabonne Infrastructure's REPORT

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

ITEM 9 - GRAVEL SHEETING UNDER ROADS 2 RECOVERY PROGRAM FOR SEALING ROAD PROJECTS

REPORT IN BRIEF

Reason For Report	To provide Council with information in relation to the gravel sheeting under Roads 2 Recovery program for sealing of roads to be implemented under Local Roads & Community Infrastructure program
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.1.1.a - Complete the annual rural and urban roads maintenance program
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\ROADS TO RECOVERY PROGRAM - 2020-2021 - 1179867

Department Leader - Assets & Technical Support's REPORT

Projects are nominated under Local Roads & Community Infrastructure for sealing of urban roads in Yeoval, Manildra and Molong, aimed at improved road safety, improvements to school bus routes, traffic management, and amenity of nearby residents. Gravel sheeting for sealing of roads for nominated projects have been approved under Roads 2 Recovery program for $ 62,000.

Please find the list of projects as follows:

Sl No	Project Name	Project Cost	Starting date	Completion Date	R2R (100%)
1	Cobar Street, Yeoval for 226 mts	$10,000	Oct-20	Dec-20	$10,000
2	Dederang Street, Manildra for 310 mts	$11,100	Oct-20	Dec-20	$11,100
3	Cartys Lane, Manildra 430 mts	$13,800	Nov-20	Dec-20	$13,800
4	South Street, Molong for 305 mts	$7,700	Nov-20	Dec-20	$7,700
5	Club House Lane, Molong for 150 mts	$4,300	Nov-20	Dec-20	$4,300
6	Old Diary Lane, Molong for 245 mts	$7,100	Nov-20	Dec-20	$7,100
7	King Street, Molong for 220 mts	$8,000	Nov-20	Dec-20	$8,000

ITEM 10 - DEVELOPMENT APPLICATIONS APPROVED DURING OCTOBER 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 - 1178977

Department Leader - Development Services' REPORT

Development Applications have been approved during the period 01/10/2020 to 31/10/2020 as detailed below.

SUMMARY OF DEVELOPMENT APPLICATIONS APPROVED

APPLICATION NUMBER	TYPE	ESTIMATED VALUE
2021/0040	Bus Shed Applicant: Molong Central School Owner: Dept of Education Zone: R1 Address: Lot 1 DP 758693, 68-70 Phillip Street, Molong	$28,270
2021/0055	Storage Shed Applicant: E Scott Owner: E & B Scott Pty Ltd Zone: RU1 Address: Lot 144 DP 1018708, Gazzard Lane, Clergate	$46,000
2021/0060	Inground Swimming Pool Applicant: S Allcorn Owner: S & S Allcorn Zone: RU2 Address: Lot 101 DP 1039443, 191 Nancarrow Lane, Nashdale	$30,000
2021/0057	Shed Applicant: B Milne Owner: B & A Milne Zone: R5 Address: Lot 14 DP 1380, 15 Bruce Street, Cumnock	$25,000
2021/0048	Change of Use, Garage, Shed, Water Tank & Fence Applicant: O Statham Owner: O Statham Zone: R1 Address: Lot 9 DP 32548, 88 Ryall Street, Canowindra	$41,191
2021/0054	Garage & Carport Applicant: C & A O’Connor Owner: C & A O’Connor Zone: Address: Lot 2 DP 333162, Grevillea Ave, Eugowra	$19,000
2021/0056	Shed Applicant: G Emerson Owner: G Emerson Zone: RU1 Address: Lot 2 DP 1113621, 55 Longs Corner Road, Canowindra	$19,500
2021/0065	Alterations & Additions to Dwelling Applicant: T Bald Owner: J Gibson Zone: R1 Address: Lot 1 DP 996291, 84 Bank Street, Molong	$30,000
2021/0062	Dwelling Applicant: GJ Gardner Homes Owner: L & N Parr Zone: RU1 Address: Lot 81 DP 711495, 2468 Mitchell Hwy, Molong	$506,300
2021/0061	Dwelling & Shed Applicant: Colour City Building Group Owner: J Whiley Zone: R5 Address: Lot 3 DP 1262379, 44 Strachan Road, Spring Hill	$423,600
2002/0007/2	Modification to Subdivision Applicant: S Mosely Owner: S Mosely Zone: RU1 Address: Lot 81 DP 711495, 2468 Mitchell Hwy, Molong	$---
2021/0081	Temporary Event Applicant: M Weal Owner: Tycannah East Pty Ltd Zone: RU1 Address: Lot 1 DP 1116398, 1800 Cargo Road, Lidster	$---
2021/0075	Painting & Repair to Facade Applicant: P Wanwaring Owner: P Wanwaring & L Loke Zone: B2 Address: Lot 800 DP 808779, 40 Bank Street, Molong	$10,000
2021/0050	Primitive Camping Ground Applicant: Planning Potential Owner: Molong Showground Society Zone: RE2 Address: Lot 131 DP 756883, Euchareena Road, Molong	$---
2021/0064	Garage Applicant: N Links-Fisher Owner: N Links-Fisher & D Johnston Zone: R5 Address: Lot 2 DP 1260946, Flanagan Street, Canowindra	$12,000
2021/0072	Alterations & Additions to Existing Dwelling Applicant: L Mulvey Owner: L Mulvey Zone: RU1 Address: Lot 100 DP 1142641, 115 Boulton Road, March	$180,000
2018/0042/2	3 Lot Rural Subdivision Applicant: Peter Basha Planning & Development Owner: J Spicer Zone: RU1 Address: Lot 435 DP 1091990 & Lot 4 DP 1174459, 249 Lookout Road, Ophir	$---
2021/0069	Dwelling Applicant: Designs At M Owner: M Raso Zone: R5 Address: Lot 3 DP 594559, 301 White Rocks Road, Lewis Ponds	$850,000
2021/0076	Shed Applicant: B Thornberry Owner: B Thornberry & J Hoekveen Zone: R5 Address: Lot 9 DP 1135607, 27 Rodda Drive, Cudal	$15,000
2021/0078	Garages x 2 Applicant: S Visman Owner: S Visman Zone: R1 Address: Lot A DP 152609, 36 Gidley Street, Molong	$6,284
2021/0052	Garage Applicant: J Gibson Owner: B & J Gibson Zone: R5 Address: Lot 690 DP 1223389, 16 McLaughlan Street, Cumnock	$12,500
2021/0061/1	Modification to Dwelling & Shed Applicant: Colour City Building Group Owner: J & B Whiley Zone: R5 Address: Lot 3 DP 1262379, 44 Strachan Road, Spring Hill	$---
2021/0071	2 Lot Subdivision Applicant: S Kirby Owner: E Farlow Zone: RU1 Address: Lot 7 & 8 DP 1108814, 886 Euchareena Road, Molong	$---
2021/0070	Farm Stay Accommodation Applicant: Aspect Enterprises Pty Ltd Owner: Planline Pty Ltd Zone: RU2 Address: Lot 100 DP 1031436, 1088 The Escort Way, Borenore	$45,000
2020/0144/1	Modification to Retail Premises & Light Industry (Saddlery) Applicant: SSF Investment Pty Ltd Owner: SSF Investment Pty Ltd Zone: RU5 Address: Lot 72 DP 519152 & Lot 6 DP 758311, 30 Main Street, Cudal	$---
TOTAL: 25		$2,299,645

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS APPROVED

APPLICATION NUMBER	TYPE	ESTIMATED VALUE
2021/1004	Dwelling Applicant: GJ Gardner Homes Owner: Wheeler (Aust) Pty Ltd Zone: R5 Address: Lot 7 DP 1221772, 22 McDonald Lane, Canowindra	$489,519
2021/1005	Alterations & Additions to Existing Dwelling Applicant: Central West Certifiers Owner: G & A Sattler Zone: RU1 Address: Lot 2 DP 800620, 557 Boree Lane, Lidster	$170,000
2021/1007	Dwelling & Attached Garage Applicant: Central West Certifiers Owner: P & H Hedges Zone: R5 Address: Lot 21 DP 605485, 4 Charlotte Street, Canowindra	$390,000
TOTAL: 3		$1,049,519

GRAND TOTAL: 28	$3,349,164
Previous Month: 27	$3,991,582

ITEM 11 - DEVELOPMENT APPLICATIONS RECEIVED DURING OCTOBER 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 - 1179042

Department Leader - Development Services' REPORT

Development Applications have been received during the period 01/10/2020 to 31/10/2020 as detailed below.

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

APPLICATION NUMBER	DETAILS	ESTIMATED VALUE
2021/0073	Alterations & Additions to Dwelling Applicant: E Thomas Owner: E Thomas & W Forrester Zone: RU1 Address: Lot 1 DP 1040779, 6629 Canowindra Rd, Cudal	$262,179
2021/0075	Painting & Repair to Facade Applicant: P Manwaring Owner: P Manwaring & L Loke Zone: B2 Address: Lot 800 DP 808779, 40 Bank St, Molong	$10,000
2021/0074	Dual Occupancy Applicant: Kensington Homes Pty Ltd Owner: M & K McMullen Zone: R5 Address: Lot 46 47 48 & 49 DP 750145, 25 Sherwin St, Cargo	$605,122
2021/0076	Shed Applicant: B Thornberry Owner: B Thornberry & J Hoekveen Zone: R5 Address: Lot 9 DP 1135607, 27 Rodda Dr, Cudal	$15,000
2021/0077	Dwelling Applicant: BT Homes Owner: K & M Astill Zone: RU1 Address: Lot 88 DP 750372, 1365 Ophir Rd, Ophir	$483,000
2021/0078	Garages x 2 Applicant: S Visman Owner: S Visman Zone: R1 Address: Lot A DP 152609, 36 Gidley St, Molong	$6,284
2002/0007/2	Subdivision Applicant: S Mosely Owner: S Mosely Zone: RU1 Address: Lot 127 166 167 DP 750170 & Lot 2 DP 571081, 719 Amaroo Rd, Molong	$---
2021/0079	Shed Applicant: B McBurnie Owner: B & H McBurnie Zone: R5 Address: Lot 1 DP 1092362, 35 Deervale Lane, Clifton Grove	$40,964
2021/0080	Dwelling & Shed Applicant: BT Homes Owner: D & J Perry Zone: R5 Address: Lot 1 DP 1262379, 67 Davis Rd, Spring Hill	$485,500
2021/0081	Temporary Event Applicant: M Weal Owner: Tycannah East Pty Ltd Zone: RU1 Address: Lot 108 DP 1028445, 6 Emmas Lane, Windera	$---
2021/0082	Dual Occupancy Applicant: G Mickle Owner: G & C Mickle Zone: RU2 Address: Lot 1 DP 178909, 1456 Amaroo Rd, Borenore	$---
2021/0083	Shed Applicant: A Roberts Owner: A & J Roberts Zone: R1 Address: Lot 4 DP 849069, 25 Castle St, Molong	$9,000
2019/0010/1	Farm Stay Accommodation Applicant: Peter Basha Planning & Development Owner: J Kermode Zone: RU1 Address: Lot 12 DP 868993, 153 Griffin Rd, Orange	$---
2020/0144/1	Modification to Retail Premises & Light Industry (Saddlery) Applicant: SSF Investments Pty Ltd Owner: SSF Investments Pty Ltd Zone: RU5 Address: Lot 72 DP 519152 & Lot 6 DP 758311, 30 Main St, Cudal	$---
2021/0084	Patio Applicant: Picton Bros Improvements Owner: F & V Miller Zone: R1 Address: Lot 11 DP 842620, Morilla St, Molong	$30,250
2021/0061/1	Modification to Dwelling & Shed Applicant: J Whiley Owner: J & B Whiley Zone: R5 Address: Lot 3 DP 1262379, 44 Strachan Rd, Spring Hill	$---
2021/0085	Dual Occupancy Applicant: P Dunsire Owner: P Dunsire Zone: R5 Address: Lot 100 DP 1109332, 98 Packham Dr, Molong	$99,000
2021/0086	Cellar Door, Business Identification Signage and Temporary Event Approval Applicant: J Jarrett Owner: Balmoral Vineyards Pty Ltd Zone: RU2 Address: Lot 216 DP 868540, 56 Watts Rd, Borenore	$800,000
2021/0087	Equestrian Arena Applicant: G Porges Owner: G Porges Zone: RU1 Address: Lot 2 DP 574333, Cargo Rd, Cargo	$396,600
2021/0088	Agricultural Produce Industry (Winery) and Cellar Door Applicant: Peter Basha Planning & Development Owner: JS Wintery Pty Ltd Zone: RU2 Address: Lot 142 DP 825676, 42 Lake Canobolas Rd, Nashdale	$800,000
2021/0089	Storage Shed Applicant: B Osborne Owner: B Osborne Zone: RU5 Address: Lot 2 DP 16181, Oberon St Eugowra	$18,000
2021/0090	Addition to Dwelling Applicant: P & E Eccleston Owner: P & E Eccleston & A & P Charnock Zone: RU2 Address: Lot 1 DP 832337, 39 Nashdale Lane, Nashdale	$47,000
2021/0093	Demolition and Alterations & Additions Applicant: Molong Historical Society Owner: Molong Historical Society Zone: R5 Address: Lot 1 DP 998590, Gidley St, Molong	$45,000
2011/167/1	Modification to Tourist Facility (Cabins) Applicant: S Elliott Owner: S Elliott Zone: RU1 Address: Lot 1 DP 701879, 809 Canobolas Rd, Canobolas	$---
2021/0092	Gallery & Cafe Applicant: M Barber Owner: A Wooldridge & M Crowther Zone: B2 Address: Lot 1 DP 80501, 89 Gaskill St, Canowindra	$8,500
2021/0091	Garden Centre Applicant: C & N Cuddy Owner: C & N Cuddy Zone: B2 Address: Lot 47 & 48 DP 1130853, 29 Gaskill St, Canowindra	$19,700
2019/0122/1	Modification to Dual Occupancy Applicant: C Grant Owner: C & A Grant Zone: RU2 Address: Lot 201 DP 1147594, 289 Nancarrow Lane, Nashdale	$---
TOTAL: 27		$4,181,099

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

APPLICATION NUMBER	DETAILS	ESTIMATED VALUE
2021/1004	Dwelling Applicant: GJ Gardner Homes Owner: Wheeler (Aust) Pty Ltd Zone: R1 Address: Lot 435 DP 1091990 & Lot 4 DP 1174459, 249 Lookout Rd, Ophir	$489,519
2021/1005	Alterations & Additions to Dwelling Applicant: Central West Certifiers Owner: G & A Sattler Zone: RU1 Address: Lot 435 DP 1091990 & Lot 4 DP 1174459, 249 Lookout Rd, Ophir	$170,000
TOTAL: 2		$659,519

GRAND TOTAL: 29

$4,840,618

ITEM 12 - 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 - 1179292

Department Leader - Development Services' REPORT

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

YEAR	MEDIAN ACTUAL DAYS
2015	15.5
2016	33
2017	28
2018	22
2019	27

Summary of median Application Processing Times for 2020:

MONTH	MEDIAN ACTUAL DAYS
January	22
February	12
March	22
April	28
May	20.5
June	16
July	23
August	23
September	25
October	28
November
December

ITEM 13 - 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 - 1180440

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
2020/21
July	8
August	4
September	5
October	6
November
December
January
February
March
April
May
June
Total	23

Version Date	24 September 2020
Author	Department Leader – Governance & Corporate Performance
Owner *(Relevant Director)*	Deputy General Manager – Cabonne Services
Next Review Date
Document ID

Version Date (Draft or Council meeting date)	4/11/2020
Author	Leader – Community & Economy
Owner (Relevant Executive)	General Manager
Status (Draft, Approved, Adopted by Council, Superseded, or Withdrawn)	Draft
Next Review Date	Within 12 months following each Council election
Minute Number (once adopted by Council)

Job Title	Date Approved	Signature
General Manager

Document Name	Document Location
Community Engagement Guidelines	[on website when available]
Community Engagement project plans for individual engagement activities	In Council’s document management system
Cabonne Community Participation Plan	On the Local Environment Plan page of Council’s website

Inform	To provide the community with balanced and objective information to assist community members in understanding the issues, alternatives, benefits and/or solutions.
Consult	To obtain community feedback on options, projects and/or designs.
Involve	To work directly with the community throughout the decision-making process to ensure that community concerns and aspirations are consistently understood and considered.
Collaborate	To partner with community members in some or all aspects of the decision-making process, including the development of options and the identification of the preferred solution.
Empower	Where Council works in partnership with the community to implement actions and build community capacity. (Note: in the local government context elected representatives are responsible for making the final decision, but this decision is informed based on the outcomes of the community engagement activities).