Agenda of Ordinary Meeting

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

Reason For Report	To allow tendering of apologies for councillors not present.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 1255053

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 DECLARATION OF INTEREST - 2021 - 1255054

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 - 1255055

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 - 1255056

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 - 1255057

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 - 1255058

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. Items 7 to 10 be moved and seconded.

General Manager REPORT

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

ITEM 7 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of the Minutes
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	1. May 25 2021 Ordinary Council Meeting Minutes ⇩ 2. June 8 2021 Extraordinary Council Meeting Minutes ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2021 - 1255059

Recommendation

THAT the minutes of the Ordinary meeting held 25 May 2021 and Extraordinary meeting held 8 June 2021 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement:

1. Minutes of the Ordinary Council meeting held on 25 May 2021.

2. Minutes of the Extraordinary Council meeting held 8 June 2021.

ITEM 8 - AUDIT, RISK AND IMPROVEMENT COMMITTEE

REPORT IN BRIEF

Reason For Report	For Council to adopt the minutes from the Audit, Risk and Improvement Committee Meeting
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.5.c - Comply with internal audit requirements
Annexures	1. ARIC Meeting Minutes - 2 June 2021 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUDIT\AUDIT RISK IMPROVEMENT COMMITTEE (ARIC) - 1261978

Recommendation

THAT Council adopt the minutes from the meeting of the Audit, Risk and Improvement Committee held on 2 June 2021.

Department Leader - Governance & Corporate Performance's REPORT

The Audit, Risk and Improvement Committee met 2 June 2021, the minutes of the meeting are attached for adoption and for the information of councillors.

ITEM 9 - SECTION 355 COMMITTEES

REPORT IN BRIEF

Reason For Report	To recommend that Council dissolve a number of s355 Committees following an internal review
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.5.c - Comply with internal audit requirements
Annexures	1. Draft - Cabonne Council Pools Advisory Committee - Terms of Reference ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\2021 - SECTION 355 COMMITTEES - 1262548

Recommendation

THAT Council:

1. Agrees to dissolve the following s355 committees:

i) Cudal Memorial Pool Committee;

ii) Cumnock Pool Committee;

iii) Eugowra War Memorial Pool Committee;

iv) Manildra Memorial Pool Committee;

v) Yeoval Pool Committee;

vi) Cargo Community Centre Committee;

vii) Yeoval Memorial Hall Committee; and

viii) Manildra Sports Council.

2. Approves and adopts the Cabonne Council Pools Advisory Committee Terms of Reference.

Department Leader - Governance & Corporate Performance's REPORT

Background

An audit of council’s governance and risk management processes was conducted with a number of shortfalls being identified. These shortfalls are being monitored and reported to the Audit, Risk and Improvement Committee.

One audit issue was Section 355 committees which identified a risk that they may not be operating in accordance with the legislative framework. From this, one audit task was that a review be conducted on the purpose, role and authority of council’s s355 committees.

Delegating Authority to an s355 committee is possible pursuant to Section 377 of the NSW Local Government Act. This delegation needs to be undertaken with the formation of an instrument of delegation between the committee and the council to provide a clear understanding of how the committee operates and provide expectations of the committee responsibilities under the action.

Stage One

Stage one of the review was completed and a number of committees were identified that should not be classified under s355, due to their nature of operations, or that they were no longer active. Those committees were dissolved by council at its ordinary meeting held 22 September 2020.

Stage Two

Pool Committees

Stage two of the review was largely focused on the s355 pool committees. In consultation with the swimming pool committees, it has been determined that dissolving the current s355 status and transitioning to an advisory committee is a more suitable operating model.

Prior to 30 June 2021, the pool committees have been requested to transfer any remaining monies to council, close their bank accounts, and return all committee records and keys to council.

It is anticipated that expressions of interest for representatives on the Cabonne Council Pools Advisory Committee will be advertised in August. A report will be prepared for the newly elected council to appoint representatives to the advisory committee, this will enable a meeting to be held prior to the commencement of the 2021/22 pool season.

A draft Cabonne Council Pool Advisory Committee Terms of Reference is attached for council adoption. It should be noted that the advisory committee will include all Cabonne swimmingpPools; Canowindra, Cudal, Cumnock, Eugowra, Manildra, Molong and Yeoval.

Hall Committees

The Cargo Community Centre Committee and the Yeoval Memorial Hall Committee have both requested management of the halls be transferred to council due to a lack of community volunteers which has resulted in difficulties in maintaining these committees. Council will continue to investigate options in moving them to stage three.

Other Committees

The Manildra Sports Council are no longer active and have formally disband their committee. The management of the Manildra Sports Ground will transfer to council. This will be subject to a further report to Council.

The Age of Fishes Museum s355 Committee was dissolved and an Age of Fishes Museum Advisory Committee Terms of Reference adopted at the May Ordinary Council meeting.

Stage Three

Consultation with the Amusu Theatre Heritage Trust will commence in June with the aim of dissolving the s355 committee and establishing a formal licence/lease agreement.

Terms of reference will be finalised, ready for adoption by the incoming council in 2021, for the remaining s355 committees:

Committee	Function
Acacia Lodge Management	Molong Community Housing
Cudal Homes for Aged Person	Boree Lodge
Eugowra Self Care Units	Eugowra Self Care Units
Canowindra Sports Trust	Canowindra Sports Complex
Cumnock Community Centre	Cumnock Community Centre
Manildra Memorial Hall	Manildra Memorial Hall
Moorbel Hall	Moorbel Hall
Orana House Trust	Orana House
Eugowra Medical Centre	Doctor’s Residence & Surgery
Doctor for Cudal	Doctor’s Residence
Eugowra Promotion & Progress Association	Eugowra Historical Museum & Bushranger Centre
Cumnock & District Progress Association	Crossroads Building
Yeoval Progress Association	O’Hallorans Cottage & Buckinbah Park

ITEM 10 - MANILDRA LIBRARY LEASE

REPORT IN BRIEF

Reason For Report	To consider exercising an 'option to renew' on the building housing the Manildra Library.
Policy Implications	Nil
Budget Implications	Yes - ongoing rental payments. Within budget.
IPR Linkage	3.3.2.a - Operate libraries according to the service agreement with Orange City Council
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\LEASING FROM\MANILDRA - 7 DEROWIE STREET - ANDREW SHUMACK - 1252631

Recommendation

THAT Council advise the lessor that Cabonne Council wishes to exercise the option to renew the lease for a further 5 years for Part Lot 6, Section 35, DP 758643, being the premises known as the Manildra Library, located at 7 Derowie Street, Manildra.

Department Leader - Governance & Corporate Performance's REPORT

Council is currently a tenant at premises being 7 Derowie Street, Manildra, for the purpose of housing the Manildra Library services. The lease has been in place since 1 October 2011 and is a 5x5x5 year lease to a maximum of 15 years. The current lease will terminate on 30 September 2021 if the option to renew is not exercised.

The second 5-year option for renewal can be exercised between 30 June, 2021 and 30 September, 2021.

The annual rental has been $4,566.88 (inclusive of GST) by quarterly instalments. Additionally, council contributes local council rates at an annual cost of $478. Both these amounts are subject to review on renewal based on current market rent and rates.

It is recommended that the option to renew be exercised.

ITEM 11 - LOCAL GOVERNMENT WEEK 2021

REPORT IN BRIEF

Reason For Report	To determine activities for Local Government Week 2021
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\LOCAL GOVERNMENT WEEK - 2019 - 2023 - 1264481

Recommendation

THAT Council participate in Local Government Week 2021.

Department Leader - Governance & Corporate Performance's REPORT

Local Government Week 2021 is due to take place from Monday 2 August until Sunday 8 August 2021.

This year's theme is ‘Locally Led’. Local Government Week is designed to showcase the work councils do in their local communities, including the wide variety of services they provide.

This gives Cabonne Council the opportunity to celebrate its delivery of community based services that extend beyond the traditional roads, rates and rubbish areas, to include programs such as public libraries, childcare services, community transport, sporting facilities, arts and culture, building and development etc.

It is suggested that council participate in Local Government Week activities using council’s social media platforms to showcase staff and council services.

ITEM 12 - CABONNE SWIMMING POOLS MASTERPLAN

REPORT IN BRIEF

Reason For Report	To advise Council of the key recommendations of the Draft Cabonne Swimming Pools Masterplan
Policy Implications	Nil
Budget Implications	Capital Works Programme
IPR Linkage	3.3.3.e - Maintain the council's properties to safe operational standards
Annexures	1. Cabonne Shire Council Swimming Pools Master Plan Final Draft 020621 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\COUNCIL POOLS - 1263967

Recommendation

THAT Council:

1. Note the report and infrastructure recommendations,

2. Place the report on public exhibition for 28 days, and

3. A report be provided to council following the public exhibition phase.

Department Leader - Urban Infrastructure's REPORT

The following report outlines the key findings and recommendations of the Cabonne Swimming Pools Masterplan – Final Draft compiled by the Otium Planning Group.

The seven aquatic facilities service a population of 13,364 residents which gives Cabonne a very high aquatic facility provision rate. Council advised Otium in the project brief that there is no consideration of rationalisation of the aquatic facilities due to the strong value placed on these assets by the Cabonne communities.

The Otium report provides council with a future strategy for the aquatic facilities. The report is based on research, community and stakeholder engagement, asset condition assessments, inspections, high level risk assessment, review of trends and industry best practice.

The pool masterplan outlines the current key performance indicators.

The masterplan report recommendations are aligned with council’s ability to future proof the network of seven swimming pool sites. These are categorised in terms of strategic priority.

1. Risk and safety.

2. Environmental impacts.

3. Management and operations.

4. Asset condition and asset life cycle.

5. Financial/cost of implementing the change.

6. Facility functionality.

7. Customer experience.

8. Consultation findings.

9. Demographics.

10. Trends and industry best practice.

The report provides some overarching recommendations listed below

· Implementation of Royal Life Saving Australia assessment findings.

· Go to market for a management lease of all aquatic facilities.

· Contract supervision required to ensure ongoing compliance.

· Further development of site specific operational plans.

· Establishment of fee structure that is consistent across all facilities.

· Review of operational hours enhancing access whilst reducing operational costs.

· Trialing of winterizing pools to decrease start-up costs – ongoing.

· Capture of visitation data.

· Development of a marketing strategy with programs, events and services being offered at pools.

· Development of partnership programs with Royal Life Saving Society, Austswim, Duke of Edinburgh (Office of Sport).

The Infrastructure Recommendations section 3.3.1 are prioritized and aligned with each pool. The overall capital works program required to facilitate the listed work is extensive. Indicative budget costs have been given these will need to be verified once engineering design & specifications have completed with pre-tender estimation required.

As a priority remediation work on Manildra and Eugowra pools needs to be undertaken to provide functional pools for season 2021/2022. Both these pools are suffering from the failure of sub-surface piping assets that have failed due piping material degradation.

Eugowra pool has a significant leak through failure of sub-surface piping assets. The leak has been located and the interconnections that need to be made to the pool shell could be achieved through localised core drilling and evacuation round piping services.

Manildra pool requires a hydraulic engineering design to be undertaken of the current system and proposed system. Re-instatement of the current above ground temporary piping system in-ground would be non-compliant to code.

The pool would require a dedicated disinfection system for both toddler and main pools including sand filters, separate return and suction lines, dosage lines.

The final draft of the Cabonne Swimming Pools Masterplan is attached for reference and will be placed on public exhibition for community comment.

ITEM 13 - TOM CLYBURN OVAL CANOWINDRA

REPORT IN BRIEF

Reason For Report	Seeking council endorsement for the application to the Geographic Names Board
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	1. Place name application - Tom Clyburn Oval ⇩
File Number	\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\MAINTENANCE\CANOWINDRA CLYBURN OVAL - 1264496

Recommendation

THAT Council endorse the application to formalise the name of Lot 62 in DP 750147, Canowindra, to Tom Clyburn Oval.

General Manager's REPORT

An application to formalise the name of Tom Clyburn Oval in Canowindra is under consideration by the NSW Geographical Names Board. The Clyburn family, who made the application, have been advised by the Board that Council’s endorsement of the application is required.

The application indicates that Canowindra's sporting complex has been known as the Tom Clyburn Oval for at least 25 years, in recognition of Tom Clyburn's many sporting achievements and significant contribution to the community overall.

Tom was born in Canowindra in 1914 and by the time he was 17, he was playing first grade football for Canowindra. Tom played until 1947 for Canowindra and at representative level. He scored 100 points or more each year in 11 consecutive seasons, and went on to referee until 1966.

Tom also took on leadership roles with Canowindra’s Rugby League Club, Jockey Club, Trotting Club, Golf Club, Bowling Club, Showground and Sports Trusts, Show Society, Pony Club and St Vincent De Paul. His awards and honours include Life Membership of Canowindra Rugby League, Group 11 Rugby League, Group 11 Referees’ Association, Canowindra Bowling Club and the Canowindra Jockey Club. Tom was named Cabonne Shire Council Citizen of the Year in 1983. Tom Clyburn died in 1994, aged 80 years.

The application is attached for council’s information. The application from the family was to name Lot 62 in DP 750147 as Tom Clyburn Oval, however the Board’s advice is that inclusion of Lots 192, 193, 194 and 195 in DP 750147 is consistent with Board policy.

5921967

A request has now been made for council to provide a letter endorsing the formalisation of the precinct’s name as Tom Clyburn Oval. It is suggested that council provide a letter of support for the naming of only Lot 62 DP 750147 as Tom Clyburn Oval as per the family’s intent.

ITEM 14 - BORENORE DAM WATER SUPPLY FACILITY - UNAUTHORISED DWELLING

REPORT IN BRIEF

Reason For Report	To inform council of actions required to protect council's water supply assets
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\WATER SUPPLY\INSPECTIONS\REPORTS - 1265653

Recommendation

THAT council take necessary actions to require the relocation of an unauthorised building from the foreshore of the Borenore Dam Water Supply Facility.

Deputy General Manager - Cabonne Services REPORT

An inspection of Borenore Dam last year by officers from NSW Water noted a dwelling that had been constructed on the foreshore of the dam. The proximity of the building to the water supply dam was raised as an issue compromising the licensing of the dam as a water supply facility.

Council staff investigated the site and concluded that:

· the well-established grounds and cottage were situated upon council owned land

· the dwelling was constructed between April and July 2017 (based on google earth images)

· the dwelling and a caravan appeared to be used as short-term accommodation

· there is no council record of any approvals being issued for the construction of the dwelling

Further investigation identified the person responsible for the construction of the cottage. Recently council has received correspondence from consultant planner Peter Basha, on behalf of the owner of the building, seeking council’s comment to a proposal to effect a subdivision or boundary adjustment / land swap (at the proponent’s cost) to excise the land containing the unauthorised cottage from council ownership and transfer it to private ownership.

While such action would transfer the cottage and surrounding land into private ownership, the action would not satisfactorily address the original issue raised by NSW Water – being the construction of a dwelling on the foreshore of a water supply dam.

Lot 3 DP 178776 subject land

Proposed boundary adjustment

Late 19^th century cottage, relocated to the dam foreshore

It is suggested that to ensure protection of Borenore Dam as a gazetted water supply facility, that necessary action be taken to require the removal of the unauthorized cottage and ancillary structures from the foreshore of the dam, and that this decision be conveyed to Peter Basha Planning and Development.

ITEM 15 - ADOPTION OF INTEGRATED PLANNING AND REPORTING DOCUMENTATION

REPORT IN BRIEF

Reason For Report	To adopt council's 2021/2022 budget and Operational Plan
Policy Implications	Nil
Budget Implications	Budget implications will be included in the Long Term Financial Plan, as part of the requirements for Integrated Planning and Reporting.
IPR Linkage	4.5.2.c - Engage with community to determine future needs & objectives
Annexures	1. Annual Budget 2021-22 ⇩ 2. Fees & Charges 2021-22 ⇩ 3. Statement of Revenue ⇩ 4. Operation Plan 2021-22 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2021-2022 - 1262816

Recommendation

THAT Council:

1. Adopt the Operational Plan 2021/2022, and

2. Adopt the 2021/2022 Budget, including Statement of Revenue and the Fees and Charges.

Deputy General Manager - Cabonne Services REPORT

Council at its meeting held on 27 April 2021 considered the 2021/2022 draft budget, operational plan, statement of revenue and fees and charges, and resolved to place the documents upon public exhibition for 28 days in accordance with the provisions of the NSW Local Government Act, 1993.

The Operational Plan is a one-year document which outlines and funds specific activities for 2021/2022. This includes a full list of council’s fees and charges which contains all of council’s water, sewer, domestic waste management and stormwater charges.

The 2021/2022 Operational Plan and support documents were placed on public exhibition for 28 days concluding on 31 May 2021. Council notified the community of the exhibition phase through local media, social media, and council’s web site. Councillors were briefed during a councillor workshop.

Council received nil submissions as reported to the extraordinary meeting held on 8 June 2021.

The Operation Plan 2021/2022, including budget, statement of revenue, fees and charges is submitted to council for adoption and implementation.

Overall, the 2021/2022 Operational Plan:

· Maintains services at existing levels

· Allows for a significant capital works and major projects program valued at $24 million. Broadly the major areas of spending are:

§ Local Road Construction $6.9 million

§ Regional Road Construction $851,000

§ Bridges $1.8 million

§ Plant $2.9 million

§ Footpath, kerb and guttering $73,000

§ IT Infrastructure $94,000

§ Pool Upgrades $16,900

§ Community centre development $5 million

§ Water fund infrastructure & projects $842,000

§ Sewer fund infrastructure & projects $1.8m

§ Community interest projects $2.1 million

· Is partially funded by nett transfers from reserves of $6.9 million

· Allows for an increase in rates, levies and waste management charges of 2%, the harmonising of sewer charges and a 10% increase in water charges.

Spending is in line with the Long Term Financial Plan (LTFP), which has been re-calibrated to include this budget.

A copy of the 2021/2022 Operational Plan, Budget and Fees and Charges are attached to this report.

ITEM 16 - MAKING OF RATES AND CHARGES FOR 2021/2022

REPORT IN BRIEF

Reason For Report	To formally make the Rates and Charges for 2021/2022
Policy Implications	Nil
Budget Implications	This report once adopted will set the rates and charges for the 2021/2022 finanacial year
IPR Linkage	4.5.5.j Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements
Annexures	1. Rating Summary 2021 2022 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\CABONNE COUNCIL ANNUAL BUDGET - 1256486

Recommendation

THAT Council:

1. Approve the definitions relating the various Rating Categories in the Rating Summary attached to the report, and

2. Make the Rates for 2021/2022 included in the table listed below, in accordance with s494 of the Local Government Act 1993:

*RATE*	*Rate in $*	*Minimum*
*Farmland*	*0.003081*	*$ 487.56*
*Residential*	*0.0034859*	*$ 487.56*
*Residential - Canowindra Town*	*0.01124*	*$ 624.80*
*Mining*	*0.0552757*	*$ 487.56*
*Business*	*0.0034859*	*$ 487.56*
*Business - Molong Town*	*0.0034859*	*$ 487.56*
*Business- Canowindra Town*	*0.01124*	*$ 624.80*

3. Adopt the rates and charges for water, sewer, domestic waste management and the stormwater levy in accordance with s496, 496A, 501, 502, 551 and 552 of the Local Government Act 1993, as per pages 10-21 of council’s Fees and Charges for 2021/2022 as referenced in the report.

4. In accordance with Section 566(3) of the Local Government Act 1993, adopt the maximum rate of interest to apply to outstanding rates and charges for the 2021/2022 rating year, will be 6.0%.

Department Leader - Finance's REPORT

After resolving to adopt the Operational Plan for 2021/2022, it is a legal requirement that council resolve to make the Rates and Annual Charges for the 2021/2022 financial year (the period 1 July 2021 to 30 June 2022).

This report is presented to council to formally make the rates, and adopt fees and charges for water, sewer, domestic waste management and the stormwater levy, for 2021/2022, as required by the Local Government Act, 1993.

*RATE*	*Rate in $*	*Minimum*
*Farmland*	*0.003081*	*$ 487.56*
*Residential*	*0.0034859*	*$ 487.56*
*Residential - Canowindra Town*	*0.01124*	*$ 624.80*
*Mining*	*0.0552757*	*$ 487.56*
*Business*	*0.0034859*	*$ 487.56*
*Business - Molong Town*	*0.0034859*	*$ 487.56*
*Business- Canowindra Town*	*0.01124*	*$ 624.80*

The definitions relating to the various Rating Categories are explained in the Rating Summary attached to this report.

Pages 10-21 of the council’s adopted Operation Plan 2021/22 details the rates and charges applying to water, sewer, domestic waste, and the stormwater levy.

Formal notification of the maximum interest rate allowable for overdue Rates and Charges, has been received from the Office of Local Government. The maximum interest rate allowable is 6%.

ITEM 17 - EVENTS ASSISTANCE PROGRAM

REPORT IN BRIEF

Reason For Report	For Council to consider applications for funding under the 2020/2021 Events Assistance Program and for Council to consider the carryover of granted funds 2020/2021.
Policy Implications	Nil
Budget Implications	$1050 to to be funded from the 2020/2021 Events Assistance Program
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. GrowMOLONG- EAP ⇩ 2. SMARTS- EAP ⇩ 3. Canowindra Golf Club request for extension- EAP ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2020 - 2021 - 1264375

Recommendation

THAT Council approve under its 2020/21 Event Assistance Program:

1. $550 for the GrowMolong event ‘Save Molong- Wine Tasting’;

2. $500 for the Spring Molong Arts Festival 2021; and

3. The carryover of funding of $500 for the Canowindra Golf Club Centenary Celebrations.

Leader - Community and Economy REPORT

Council has received two applications under the 2020/2021 Events Assistance Program (EAP).

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

1. Applications under the Event Assistance Program

1.1 Save Molong- Wine Tasting

GrowMolong

GrowMolong in collaboration with St John Ambulance and local sporting clubs want to purchase six defibrillators for the Molong community. The cost of purchasing the defibrillators is $15,000.

Fifty percent (50%) of the funds required for the defibrillators have been obtained through a grant. The remaining funds are to be raised by hosting a wine tasting event that would showcase local wineries (Cumulus and Printhe) and be paired with a dinner and music. The event is to be held at the Molong RSL on 24 July 2021. It is proposed there will be 200 tickets available for purchase.

· This event is currently in its developing stage within Cabonne.

· Although it will not have large attraction for visitation, it is community minded, with the aim for the funding to go back into the community through the defibrillators.

· The grant money will be used for the hiring of musicians for the event and for advertising of the event.

Based on the guidelines this does meet the criteria for a developing event thus the recommendation of $550.

1.2 Spring Molong Arts Festival 2021

SMARTS- Spring Molong Ars Festival

SMARTS are holding a community event on 15 October 2021 which will exhibit and sell art from professional artists around the region. There will be an unveiling of a contemporary art installation created by eight of the schools within Cabonne.

An Event Assistance Application for $500 was awarded in 2020 to aid in buying supplies and promotion. Due to COVID-19 the event was postponed, and Council has previously approved the funds to be held for the new date.

Additional funds are now being sought to sponsor the People’s Choice Award.

· This event is currently in its developing stage within Cabonne.

· This event will have attraction for visitation as well as community.

· The grant money will provide sponsorship of the People’s Choice Prize.

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

2. Carryover of funds from the Event Assistance Program

2.1 Centenary Celebrations

Canowindra Golf Club

Council has received a letter from the Canowindra Golf Club requesting a carryover of funds received through the Event Assistance Program. The event is now to be held from 5-7 November 2021. As previously approved, the $500 is funding would be used for event branding, social media, and promotion.

Current Event Assistance Program Expenditure

The Allocated budget for the Event Assistance Program for 2020-2021 is $40,000. To date $ 13,000 has been approved from the budget.

	Applicant	Event	Funding Requested	Funding Granted
1	Rotary Club of Orange Inc	2021 Banjo Paterson Australian Poetry Festival	$2,000 Core Event	$1,000 Core Event
2	Orange Regional Vignerons Association	Orange Wine Festival	$5,000 Flagship Event	$2,000 Core Event
3	Mulga Bill Festival Inc	Banjo Paterson Brunch and Sculpture Unveiling	$500 Developing Event	$500 Developing Event
4	Matar Stables Bullio Cup	Matar Stables Bullio Cup	$3,500	$3,500 Flagship Event
5	Molong Advancement Group	Molong Poetry Brawl	$1,000 Core Event	$500 Core Event
6	F.O.O.D Week Inc.	2021 F.O.O.D Week Festival	$5,000 Core Event	$2,000 Core Event
7	Orienteering NSW Inc	Australian 3 Days Orienteering Championships	$750	$500 Developing Event
8	Canowindra Golf Club	100 Years Celebration	$1000	$500 Developing Event
9	Belubula Endurance Riders	Canowindra Challenge	$1000	$500 Developing Event
10	ECCC High Tea	Eugowra Community Children’s Centre	$420	$500 Developing Event
11	2 Events 12 Hour Dance & Downton Abbey Ball	Canowindra Old Time & New Vogue	$2000	Developing Event $1500
Total Funding expenditure				$13,000

ITEM 18 - STRONGER COUNTRY COMMUNITIES - ROUND FOUR

REPORT IN BRIEF

Reason For Report	For Council to consider projects for submission under round four of the NSW Government's Stronger Country Communities Fund.
Policy Implications	Nil
Budget Implications	NIl
IPR Linkage	3.3.3.b - Maintain sporting facilities to safe operational standards
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 1264137

Recommendation

THAT Council submit the following applications for funding under round four of the Stronger Country Communities Fund:

1. Female changerooms at Jack Huxley Oval, Manildra valued at approximately $300,000.

2. Female changerooms at Eugowra Sports Ground valued at approximately $300,000.

Leader - Community and Economy REPORT

BACKGROUND

Round four of the NSW Government’s $100 million Stronger Country Communities Fund includes $50 million for projects that enhance female sporting facilities and increase female participation in sport in regional NSW.

As per the previous three rounds of the Stronger Country Communities Fund, each NSW LGA has been allocated an available amount of funding for their area. In the current funding round, the Cabonne LGA has been allocated $832,955.

Eligible applicants include:

· Regional Councils and Joint Organisations

· Non-government organisations

· Community organisations registered as incorporated associations

· Local Aboriginal Land Councils

FUNDING CRITERIA

Under the guidelines projects must seek funding of $50,000 or more, and co-contributions are only required for applicants requesting $1 million or more in grant funding for an individual project.

The objectives of this round of funding are:

1. To boost the liveability of communities in regional areas by providing new or upgraded social and sporting infrastructure or community programs that have strong local support.

2. To deliver enhanced infrastructure and programs that remove barriers to female participation in sport across regional NSW.

COUNCIL PROJECTS PROPOSED FOR FUNDING

At the recent Council workshop, it was proposed that applications for the following projects be submitted:

Project One
Project	Construction of female changerooms
Location	Jack Huxley Oval, 85 Loftus St, Manildra
Funding sought	Approx. $300,000

Project Two
Project	Construction of female changerooms
Location	Eugowra Sports Ground, Nanima St, Eugowra
Funding sought	Approx. $300,000

Both projects are considered eligible and meet the objectives of this round of funding.

Other projects may still come forward; however, they will need to be at the stage of readiness required for submission to this round of funding.

ITEM 19 - RESOURCES FOR REGIONS PROGRAM - ROUND EIGHT

REPORT IN BRIEF

Reason For Report	For Council to consider projects for submission to round eight of the NSW Government's Resources for Regions Program.
Policy Implications	Nil
Budget Implications	$2,621,696 in funding for the Cabonne LGA from round eight of the Resources for Regions Fund
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\RESOURCES FOR REGIONS - 1264374

Recommendation

THAT Council apply for funding through round eight of the NSW Government’s Resources for Regions Program to fund the projects included within “Activate Cabonne”.

Leader - Community and Economy REPORT

BACKGROUND

As per the seven previous rounds of the Resources for Regions Program, each eligible NSW LGA has been allocated an available amount of funding for their area. In the current funding round, the Cabonne LGA has been allocated $2,621,696.

In March 2021, two applications were submitted through round five of the Building Better Regions Fund (BBRF) for projects extracted from the Molong Town Centre and Canowindra Main Street and River Precinct masterplans. These applications had a mandatory co-contribution of 50%. Whilst outcomes for BBRF are yet to be announced, successful funding of the ‘Activate Cabonne’ project through the Resources for Regions program, could form a large part of Council’s co-contribution, should the applications for BBRF be successful.

PROGRAM OBJECTIVE

The Resources for Regions program aims to support the ongoing prosperity of mining communities in regional NSW by providing economic opportunities, improved amenity, and positive social outcomes.

FUNDING CRITERIA

Under the guidelines, infrastructure projects must seek funding of $250,000 or more. While organisations are not required to provide a matching contribution, co-contributions are strongly encouraged.

Eligible applicants must be local councils located in one of the eligible Local Government Areas identified within the program guidelines. Councils are expected to work with community groups to identify priority projects and submit applications on behalf of these organisations. Councils are encouraged to consider project partnerships, however only councils can submit an application on behalf of a community group.

Projects must be “shovel ready” and priority will be given to those projects that demonstrate they will be finished on time and within the budget.

Proposals need to align with State Government priorities and programs, as well as Council’s Community Strategic Plans, and must have strong community and stakeholder support.

COUNCIL PROJECT PROPOSED FOR FUNDING

Project Name:

“Activate Cabonne”

Funding Sought:

$2,621,696

Description:

This project proposes to activate the towns and villages of Cabonne by delivering the following enhancements:

i. Molong Town Centre activation and new entrance signage (approx. $1M)

ii. Canowindra Town Centre and River Precinct activation and new entrance signage (approx. $1M)

iii. New entrance signage for remaining Cabonne towns, village and settlements (approx. $437k)

iv. Street trees and street furniture for Cabonne villages (remaining budget)

This project is considered ready to be progressed toward submission because:

· Significant community consultation has been undertaken through the enquiry-by-design process for the Molong and Canowindra Town Centre and River Precinct enhancements

· Projects have been publicly displayed and open to community feedback several times

· Concept design has been completed

· Preliminary costs have been estimated

· Public support has been established

· The process for detailed design is underway

This project would be eligible to meet the infrastructure objectives of the funding program.

At this stage, Council have not been approached by any community groups in relation to other projects that would be suitable for funding under this round of Resources for Regions. Other projects may still come forward, however they will need to be to the stage of readiness required for submission to this round of funding.

ITEM 20 - STRATEGIC WATER REVIEW

REPORT IN BRIEF

Reason For Report	Report on the outcomes of the strategic water review for Cabonne Council, Central Tablelands Water and Orange Council to identify potential opportunities for better integration of these supply networks.
Policy Implications	Nil at this stage
Budget Implications	Nil
IPR Linkage	5.1.1.c - Maintain water infrastructure assets
Annexures	1. Regional Water Strategy Phase 2 Premise 2021 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\LIAISON\CENTRAL TABLELANDS WATER - 1264687
Previous Items	22 - PROPOSED REGIONAL WATER STRATEGY - Council - 22 Sep 2020 2.00pm

Recommendation

THAT Council note the report on the Regional Water Strategy Review; and endorse an application to be made for funding under the Safe and Secure Water Program – Town Water Strategies.

Deputy General Manager - Cabonne Infrastructure's REPORT

At its Ordinary Meeting dated 22 September 2020, council considered a report for a proposal to develop a regional water strategy across Cabonne Council, Central Tablelands and Orange City Council water supply networks. At this meeting, council resolved to support the development of a strategic water review which would identify opportunities for better integration between the supply networks.

The Strategic Water Review sought to identify;

· all existing key town water supply and treatment infrastructure, (including type, size/operational capacity, asset age)

· future water demand and key water security risks

· potential future water sources and the associated infrastructure required to

o Create a fully integrated and connected regional water grid

o Improve the water security and promote economic growth opportunities across the network

o Provide for potential expansion/interconnection of the network with other Local Water Utilities

· opportunities for potential rationalisation or targeted re-use of existing key water infrastructure

This report identified that the study area lends itself to analysis as three discrete water supply zones, based on existing water supply infrastructure and topography.

Three water supply zones have been identified as:

· North Zone -Centred on the Molong Water Supply system

· West Zone - the lower end of the Central Tablelands Water network

· East Zone - the upper section of the Central Tablelands Water network

Each zone has identified capacity for supply to be diversified and/or augmented by:

· maximising the use of existing water supplies and associated infrastructure;

· assessing the potential to re-instate existing supplies which are currently not operational; and/or

· exploring options for development of new localised solutions.

A range of options were identified, with scenarios developed from these options. Scenario A is the recommended option to progress through to the next stage of strategy development.

As detailed in the report, Scenario A;

· maximises the use of existing infrastructure across the region;

· decentralises water supply capacity across the network;

· maximises and diversifies water treatment capacity;

· results in the Molong WFP becoming the key potable supply point for the West and North Zones;

· provides for smaller scale water supply options to be progressively developed within the West and North Zones, which are appropriate for the smaller demands and dispersed nature of the demand centres in these zones;

· provides for the development of longer-term, larger scale projects in the East Zone (such as the upgrade to Lake Rowlands) to meet the increased demands within this zone, especially in Orange, and also provide benefits across the entire network; and

· reduces demand on supplies in the East Zone from the North and West Zones to ensure the East Zone can adequately meet future demands.

This scenario provides decentralized water treatment capacity and improves water security for the entirety of the region.

A detailed evaluation of the options outlined in scenario A is required to fully understand the key issues associated with each option, with the aim of developing an overall action plan for delivery of each viable option within Scenario A as a component of an ultimate overall Regional Water Security Strategy.

The work plan for this detailed evaluation is anticipated to cost approximately $400,000. Council has a budget allocation within the 2020/21 financial year to contribute some costs towards this project. Given it is a joint initiative of Central Tablelands Water and Orange City Council, contributions will are also expected from these entities.

An application is currently being prepared for funding under the Safe and Secure Water Program - Town Water funding stream as an expression of interest. This has been determined as the preferred way forward, following discussions with the Department of Primary Industries and Environment (DPIE) – Water and Central New South Wales Joint Organisation (CNSWJO).

Eligibility criteria for the town water funding stream states “If all the benefitting communities are within one JO, do the benefiting Local Water Utilities agree for the JO to undertake the Regional Town Water Supply Strategy across LWU boundaries?”

Principally this criterion requires that the water strategy be developed through the Joint Organisation, which would mean the Cabonne/CTW/Orange councils would not be able to administer the project ourselves.

This matter was presented to the CNSWJO board at its board meeting dated 3 June 2021, where endorsements was sought from the JO to support the sub-regional plan. The JO Water Alliance has determined that a Central West Regional Town Water Supply Strategy is not warranted, and therefore, support should be given for the Cabonne/CTW/Orange council’s proposal to develop their own town water strategy.

ITEM 21 - PROPOSED ROAD NAMING - "UNNAMED NEW ROAD", SUMMER HILL CREEK

REPORT IN BRIEF

Reason For Report	Council has received requests to name a new road that is being developed in Summer Hill Creek as 'Wongaburra Lane'.
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\ROADS and BRIDGES\NAMING\ROADS AND LANES - 1263684

Recommendation

THAT Council proceed with the naming of the road detailed in the associated report as “Wongaburra Lane” in accordance with Section 162 of the Roads Act, 1993.

DIRECTOR OF ENGINEERING & TECHNICAL SERVICES’ REPORT

Council granted development consent on 29 November 2017 to a 13 lot subdivision (DA 2017/154) of land through Lot 2 DP 794456 known as 1099 Ophir Road, Summer Hill Creek. One of the conditions of development consent was that a sealed road be constructed as part of the subdivision to provide access to proposed new lots (Condition 4), and also that the developer suggest a name for this road together with reasons for the choice (Condition 14). The road runs in a northerly direction off Ophir Road for a distance of 350m, then extends in a north westerly direction for 250m, then south west for 530m to its termination point.

Council has previously resolved to name this road ‘River Oak Drive’, and was advertised in the Central Western Daily on 5 December 2020 and on council’s website for public comment.

A total of four submissions were received, with three of these being from future owners of lots in the subdivision and their family members. The suggested name from these submissions was “Wongaburra Lane”. One of these three submissions also stated that they had consulted the previous owner of the property as well as a number of other families that had purchased lots in the development, and they had endorsed the choice of “Wongaburra”. A fourth submission from a resident a few kilometres further up Ophir Road gave a list of alternative names, which included “Chinese Market Garden Road”, “Chinese Race Road”, “Waterfall Way Road”, “Gold Rush Road”, “Prospectors Way”,” Gold Nugget Drive”, “Fossicking Way” and “Yorkey’s Corner Road”.

The original name of the property being developed was “Wongaburra”, and the meaning of the name is indigenous for “our home”.

The developer was subsequently contacted for comment regarding the suggested names listed above, whereby he agreed to support the name of “Wongaburra Lane”.

The Geographical Names Board have given conditional pre-approval to the name, subject to approval from the Orange Local Aboriginal Land Council. As suggested by the GNB, a notice of intent to name the road “Wongaburra Lane” was sent to OLALC with a specified reply period which expired on 4 June 2021. As no reply was received, and in consideration of the above information, it is suggested that the road be named “Wongaburra Lane”.

The name is considered suitable due to its historical link and fits within the guidelines set out by the Geographical Names Board, NSW.

ITEM 22 - CABONNE SETTLEMENT STRATEGY 2021-2041

REPORT IN BRIEF

Reason For Report	For determination and adoption of strategy.
Policy Implications	Sets the planning policy for landuse within the towns, villages and settlements
Budget Implications	NIL
IPR Linkage	4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\PLANNING\CABONNE SETTLEMENT STRATEGY - 1262850

Recommendation

THAT Council adopt the Cabonne Settlement Strategy 2021- 2041.

Department Leader - Development Services' REPORT

Following the February meeting where Council approved the public exhibition of the Draft Cabonne Settlement Strategy, the strategy was publicly exhibited from March 8 to April 9 2021. The document was advertised through local media, social media and council website. Progress associations were advised of the exhibition as were all landowners with land identified within the strategy. Copies of the strategy were also referred to State agencies.

During this period Council received twelve (12) submissions from ratepayers and two (2) submissions from government departments. The issues raised within the submissions, and how they have been addressed within the revised draft, have been summarised in the attached ‘Settlement Engagement Summary’.

The final version of the document is provided to council for endorsement and adoption (these will be uploaded to Councillors ipads separately due to the volume of the attachments).

ITEM 23 - DEVELOPMENT APPLICATION 2021/0176 - 12 LOT SUBDIVISION - 9 OSTINI LANE, MULLION CREEK - LOT 1 DP 131413

REPORT IN BRIEF

Reason For Report	More than three submissions received.
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. Draft Conditions of Consent DA 2021 0176 ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2021\03-2021-0176 - 1242357

Recommendation

THAT Development Application 2021/0176 for a subdivision (12 Lot) at land described as Lot 1 DP 131413 – 9 Ostini Lane, Mullion Creek, be approved, subject to the conditions 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.

EXECUTIVE SUMMARY

Application lodged	12 March 2021
Applicant/s	T Ostini c/- Anthony Daintith Town Planning
Owner/s	Estate Late LP Ostini
Land description	9 Ostini Lane, Mullion Creek – Lot 1 DP 131413
Proposed land use	Subdivision (12 Lot)
Value of proposed development	$0

The following report provides an assessment of the development application submitted for a twelve-lot subdivision of land described as Lot 1 DP 131413, known as 9 Ostini Lane, Mullion Creek. The proposal comprises of:

· The creation of 12 large lot residential lots undertaken in a single stage.

Figure 1 - locality plan

Notable planning matters for the proposed development include:

· The bushfire risk of the proposed development.

· The impacts of the development upon the biodiversity structure of the land.

· Traffic and access arrangements.

The proposal compromises notifiable development in accordance with Council’s Community Participation Plan. Written notice was given to all those opposite the site and those landowners who share a boundary with the development site. At the completion of the exhibition period, five submissions objecting to the proposal were received.

The development is Integrated Development within the meaning of Clause 4.46 of the Environmental Planning and Assessment Act 1979 as authorisation under Section 100B of the Rural Fires Act 1997 is required. In this regard, Council referred the application to the NSW Rural Fire Service to obtain their concurrence in accordance with Clause 4.46 of the Act. The comments and conditions required by the NSW RFS are detailed in the body of this report.

As outlined in this report, the proposed development is considered to satisfy the Local and State planning controls that apply to the subject land and land use. Impacts of the development are within reasonable limits, subject to mitigation conditions. Approval of the application is recommended.

THE PROPOSAL

Council’s consent is for a 12-lot subdivision at 9 Ostini Lane, Mullion Creek to be undertaken in a single stage. The subject land has a total area of 15.41 hectares and is used for agricultural purposes and is predominantly grassland with remnant woodland along the road frontages and denser modified vegetation around the existing dwelling in the north western corner.

It is proposed to create 12 large lot residential lots as follows:

PROPOSED LOT	LOT SIZE
1	1 hectare
2	1.03 hectares
3	1 hectare
4	1 hectare
5	1 hectare
6	1.4 hectares
7	1.12 hectares
8	2.23 hectares
9	1.419 hectares
10	1.621 hectares
11	1.395 hectares
12	1.512 hectares

Each lot will have its own dedicated property access road, compliant with Planning for Bushfire Protection that connects directly to a public road. Both Ostini Lane and Bevan Road are sealed public roads in the vicinity of the subject site. Both the public roads and property access roads will provide for all weather access to the future dwellings on the lots.

Combined access driveways constructed to Council’s Engineering specification will be provided to the proposed lots as per the below layout.

MATTERS FOR CONSIDERATION

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

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

There are four triggers known to insert a development into the Biodiversity Offset Scheme (ie 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

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 subject land is zoned R5 Large Lot Residential. Within this zone, the minimum lot size is 1 hectare. Accordingly, the applicant may clear up to 0.5 hectares of native vegetation without entering the biodiversity offset scheme threshold.

There is native vegetation located adjacent the western boundary of the development site and within the road reserve of Ostini Lane that is identified as being Yellow Box - Blakelys Red Gum grassy woodland on the tablelands; South Eastern Highlands Bioregion. The vegetation is identified as being a critically endangered ecological community under the Biodiversity Conservation Act 2019 and as being critically endangered under the Environment Protection and Biodiversity Conservation Act 1999.

The subject site is generally cleared on native vegetation aside from the native vegetation located parallel to the western boundary of the site. Removal of native vegetation as part of the development will arise during the construction of vehicular access points. Notwithstanding the above, the applicant has committed to retail all the trees practicable when constructing the new accesses to Ostini Lane. Notwithstanding, the clearing of the vegetation for the accessways is highly unlikely to exceed the 0.5-hectare threshold.

In this regard, the proposal does not seek to clear any native vegetation and therefore does not enter the biodiversity offset scheme.

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.

The subject land is identified as containing:

· Yellow Box - Blakelys Red Gum grassy woodland on the tablelands; South Eastern Highlands Bioregion

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. The land is more or less surrounded by highly disturbed rural and rural residential environments.

There is native vegetation located within the road reserve of Ostini Lane that is identified as being Yellow Box - Blakelys Red Gum grassy woodland on the tablelands; South Eastern Highlands Bioregion. The vegetation is identified as being a critically endangered ecological community under the Biodiversity Conservation Act 2019 and as being critically endangered under the Environment Protection and Biodiversity Conservation Act 1999.

The applicant has committed to retaining the vegetation within the road reserve as far as practicable. The removal of some native trees along the western boundary is unlikely to significantly impact on threatened species that may use the trees for habitat or foraging. Notably, the native vegetation within the site is somewhat fragmented due to the past and current use of the site and surrounding residential land use pattern.

To mitigate the possible impacts arising as a result of the development, a condition of consent has been recommended requiring that the removal of native vegetation be undertaken by a suitably qualified arborist and that the trees proposed to be removed be inspected prior to being felled. Accordingly, the recommended conditions will ensure that the vegetation and any species that forage or use the vegetation is preserved where possible.

The proposed subdivision is unlikely to have any significant impacts upon the biodiversity structure upon the subject land and adjoining lands. A Biodiversity Development Assessment Report is not required in this circumstance. Subject to the recommended conditions of development consent, the development is considered to be satisfactory with respect to Section 7.3 of the Biodiversity Conservation Act 2016.

Section 4.14 Consultation and development consent – certain bushfire prone land

The subject land has been identified as Bushfire Prone Land. The proposed development will be assessed pursuant to Section 4.46 of the Environmental Planning and Assessment Act 1979 which requires the development to comply with Planning for Bushfire Protection 2019 (PBP 2019) prepared by the NSW Rural Fires Service.

PBP 2019 was legislatively adopted in the Environmental Planning & Assessment Regulations on 1 March 2020, superseding the 2006 version of PBP. Any application made on or after 1 March 2020 is required to be determined in accordance with PBP 2019. Accordingly, as the application was made after 1 March 2020, the bushfire risk and bushfire protection measures recommended in the draft notice of determination have been made in accordance with PBP 2019.

The applicant has identified that the following bushfire attack levels (BAL) and asset protection zones (APZs) for each proposed lot. The APZs provided are equal to or exceed the minimum required.

LOT NUMBER	BAL	MINIMUM APZ REQUIRED	APZ Provided
1	BAL-19	17 metres	20 metres
2	BAL-19	17 metres	20 metres
3	BAL-19	17 metres	20 metres
4	BAL-19	17 metres	20 metres
5	BAL-19	17 metres	20 metres
6	BAL-19	17 metres	20 metres
7	BAL-19	17 metres	20 metres
8	BAL-19	17 metres	20 metres
9	BAL-19	17 metres	20 metres
10	BAL-19	20 metres	20 metres
11	BAL-29	20 metres	20 metres
12	BAL-29	20 metres	20 metres

Access

Intent of measures: to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area.

The proposed development typically satisfies all of the acceptable solutions. In this regard:

· All roads will be two wheel drive, all weather roads.

· All traffic management devices will be constructed to facilitate access by emergency services vehicles.

· No reticulated water supply is to be provided. The future dwelling on each lot will be able to provide a compliant water supply.

· Each lot is capable of providing a property access that is of minimum 4 metre width.

· All property access roads will have a minimum vertical clearance of 4m.

· Compliant turning areas will be provided.

· Each lot will have its own direct access to a public road.

Notwithstanding the above, the access does not comply with the following Acceptable Solution and a performance solution was required for the following:

“The development provides for a subdivision of more than three (3) lots and does not provide for more than one access in and out of the development due to the existing public roads being no through roads”.

The Bushfire Assessment Report prepared by Integrated Consulting Pty Ltd provided the following performance solution:

· To achieve appropriate access, it is necessary to demonstrate that the performance solution complies with the Performance Criteria. It is proposed in this instance to demonstrate this through evidence to demonstrate that the design meets the performance criteria.

· The overall intent for access in a bushfire prone area is enable residents and emergency services to egress the area during/before a bush fire event and allowing for emergency services to access the area for firefighting/bush fire mitigation purposes. Providing two ways that people can travel to and from a site will distribute the load of traffic but also provide for an alternative means of access should one become blocked.

· The site, post development, will be generally grassland vegetation with scattered trees. In terms of this new access, it is considered to provide a lower risk in terms of the access road being cut by fire and hazardous conditions due to the vegetation being easier to manage than woodland or forest vegetation.

· The public road network does not provide the opportunity for two-way access. Even if it did, it would provide a higher risk option due to having to traverse pine plantation areas and therefore is considered to provide for greater risk and less familiarity for occupants. Therefore, in this instance is it considered safer to retain one well maintained access.

· Each lot will have its own dedicated property access road, compliant with PBP, that connects directly to a public road. Both Ostini Lane and Bevan Road are sealed public roads in the vicinity of the subject site. Both the public roads and property access roads will provide for all weather access to the future dwellings on the lots.

· Based on the above, it is considered that firefighting vehicles can access the lots (and future dwellings and associated water supply) and exit the lots safely thus achieving the Performance Criteria. The development will therefore facilitate safe access to future dwelling locations and associated water supply for firefighting operations, whilst enabling residents to evacuate from the area if required.

Therefore, the proposed performance solution is considered to be consistent with both the intent and performance criteria of the bushfire protection measures and the overall aims and objectives of PBP.

Services – Water Electricity & Gas

The intent of the measures is: To provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

The proposed development typically satisfies all the acceptable solutions. In this regard:

· No reticulated water supply is to be provided. The future dwelling on each lot will be able to provide a compliant water supply.

· Each lot is to have a minimum available water supply of 20,000L for firefighting purposes at all times, which complies with the minimum 20,000L for lots >1ha in area. Sufficient area exists on site to provide such a supply. It would be provided with any future dwelling on site.

· Where practicable, electrical transmission lines are underground.

· Where electricity transmission lines are above ground, short pole spacings are to be providing (i.e., less than 30m) and no part of a tree is closer to a power line than the distance set out in ISSC3 Guideline for Managing Vegetation Near Power Lines.

· For the existing dwelling and any future dwellings, bottled gas to be installed and maintained in accordance with AS 1596. Metal piping is to be used for connections.

· For the existing dwelling and any future dwellings, fixed cylinders are to be kept clear of flammable materials to a distance of 10m and are to be shielded from the hazard.

· Aboveground pipes are to be metal, including up to any outlets.

In consideration of the above, the proposal will have an acceptable level of bushfire risk with the at worst scenario being a BAL-29 hazard rating. The development of the site can be appropriately conditioned to minimise the risk from bushfire and is consistent with the intent and objectives of Planning for Bushfire Protection 2019.

Asset Protection Zones

Intent of measures: to provide sufficient space and maintain reduced fuel loads to ensure radiant heat levels at the buildings are below critical limits and prevent direct flame contact.

1. At the issue of a subdivision certificate, and in perpetuity to ensure ongoing protection from the impact of bush fires, the site must be maintained as an inner protection area (IPA) as follows:

· For a distance of 25 metres along the southern aspects of the subject site; and,

· For a distance of 11 metres along the eastern aspects of the subject site.

When establishing and maintaining an IPA the following requirements apply in accordance with the requirements of Appendix 4 of Planning for Bush Fire Protection 2019:

· tree canopy cover should be less than 15% at maturity;

· trees at maturity should not touch or overhang the building;

· lower limbs should be removed up to a height of 2m above the ground;

· tree canopies should be separated by 2 to 5m;

· preference should be given to smooth barked and evergreen trees;

· large discontinuities or gaps in vegetation should be provided to slow down or break the progress of fire towards buildings;

· shrubs should not be located under trees;

· shrubs should not form more than 10% ground cover; and

· clumps of shrubs should be separated from exposed windows and doors by a distance of at least twice the height of the vegetation.

· grass should be kept mown (as a guide grass should be kept to no more than 100mm in height); and

· leaves and vegetation debris should be removed

At the issue of a subdivision certificate, suitably worded instrument(s) created pursuant to section 88 of the Conveyancing Act 1919 must be placed on the proposed lots which requires the provision of the above asset protection zones (APZ) and prohibits the construction of buildings other than class 10b structures within the APZ. The name of authority empowered to release, vary or modify the instrument shall be Cabonne Shire Council.

Construction Standards

Intent of measures: to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting firefighting activities.

2. The existing dwelling must be upgraded to improve ember protection by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

Access – Property Access

Intent of measures: to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area

3. Property access roads must comply with the general requirements of Table 5.3b of Planning for Bush Fire Protection 2019 and the following:

· property access roads are two-wheel drive, all-weather roads;

· minimum 4m carriageway width;

· in forest, woodland and heath situations, rural property access roads have passing bays every 200m that are 20m long by 2m wide, making a minimum trafficable width of 6m at the passing bay;

· a minimum vertical clearance of 4m to any overhanging obstructions, including tree branches;

· provide a suitable turning area in accordance with Appendix 3;

· curves have a minimum inner radius of 6m and are minimal in number to allow for rapid access and egress;

· the minimum distance between inner and outer curves is 6m;

· the crossfall is not more than 10 degrees;

· maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads; and

· a development comprising more than three dwellings has access by dedication of a road and not by right of way.

Water and Utility Services

Intent of measures: to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

4. The provision of water, electricity and gas must comply with Table 5.3c of Planning for Bush Fire Protection 2019.

Section 4.15

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

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

Cabonne Local Environmental Plan 2012

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

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

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

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

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

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

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

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

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

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

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

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

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

The application is considered to be consistent with the aims of the Plan as discussed in the body of this report.

Clause 1.6 - Consent Authority

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

Clause 1.7 - Mapping

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

Land zoning map	R5 Large Lot Residential
Lot size map	Minimum lot size 1 hectare
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	Biodiversity sensitivity
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

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

Clause 1.9A - Suspension of Covenants, Agreements and Instruments

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

· covenants imposed or required by Council

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

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

· any trust agreement under the Nature Conservation Trust Act 2001

· any property vegetation plan under the Native Vegetation Act 2003

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

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

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

Part 2 - Permitted or Prohibited Development

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

The subject site is located within the R5 Large Lot Residential zone. The proposed development is defined as subdivision under CLEP 2012 and is permitted with consent for this zone. This application is seeking consent.

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

1 - Objectives of the R5 Large Lot Residential Zone

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

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

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

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

The proposed development is not considered to the objectives of the zone for the following reasons:

· The subdivision will provide additional opportunities for residential housing within the Mullion Creek locality without compromising the rural setting, environmentally sensitive areas, and scenic quality.

· The proposed subdivision is a natural infill and extension of the existing large lot residential area. The development of the site will not hinder the proper and orderly development of urban areas within the Mullion Creek locality.

· The development of the site is unlikely to result in an increase in the demand for public services of facilities. The public primary school, church, and hall is within a reasonably proximity to the site.

· As discussed in the below sections of this report, the subdivision of the site is unlikely to result in land use conflicts within this zone and land uses within adjoining zones. The potential for land use conflicts to arise whilst possible, is manageable through dog proof fencing and building envelopes.

Clause 2.6 - Subdivision - Consent Requirements

This clause triggers the need for development consent for the subdivision of land. Additionally, the clause prohibits subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal and secondary dwellings being located on separate lots if either of those lots are below the minimum lot size applying to the land.

The proposal does not involve a secondary dwelling.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.1 - Minimum Subdivision Lot Size

This clause requires the subdivision of land to be equal to or greater than the size nominated for the land under the Minimum Lot Size Map.

In relation to this site, the map nominates a minimum lot size of 1 hectare. The smallest lot proposed by the application is 1 hectare and is therefore consistent with this clause.

Part 5 - Miscellaneous Provisions

Clause 5.16 Subdivisions of, or dwellings on, land in certain rural, residential or environment protection zones

The objective of this clause is to minimise potential land use conflict between existing and proposed development on land in the rural, residential or environment protection zones concerned (particularly between residential land uses and other rural land uses).

Before granting development consent for the erection of a dwelling house, Council must take the following matters into account:

a) the existing uses and approved uses of land in the vicinity of the development,

b) whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,

c) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),

d) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c).

In consideration of (a), the existing and approved land uses in the vicinity of the development consist predominantly of agricultural land to the east and the existing large lot residential area to the west and south west.

In consideration of (b), the proposed development is unlikely to have a significant impact on the preferred and predominant land uses in the vicinity of the development as the preferred and predominant land uses within the locality is large lot residential development. The proposed subdivision will further reinforce the established and prevailing large lot residential land use pattern. Whilst the land to the east is zoned for primary production, agriculture is not the predominant or preferred land use in the vicinity of the development site given the number of dwellings and large lot residential lots adjacent the site and within the locality.

In consideration of (c), the proposed subdivision is not considered to be an incompatible land use. Taking into consideration the existing and prevailing development pattern which includes several lots which are used for a range of permitted within the large lot residential zone, the subdivision the potential future uses that may arise are not necessarily incapable of being compatible as the preferred and predominant land uses within the area are large lot residential. Notwithstanding, the eastern boundary of the development site shares a common border with land that is zoned for primary production and is currently and has been historically used for light grazing. Given that subdivision is permissible within the zone and the development satisfies the prescribed minimum lot size, it cannot be considered to be incompatible.

In consideration of (d), other than requirements for dog proof fencing and building envelopes, no additional measures are necessary to mitigate land use conflicts.

In this regard, the proposal is consistent with this Clause and is unlikely to result in land use conflicts.

Part 6 - Additional Local Provisions

6.2 - Stormwater Management

This clause applies to all industrial, commercial and residential zones and requires that Council be satisfied that the proposal:

(a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting onsite infiltration of water

(b) includes, where practical, onsite stormwater retention for use as an alternative supply to mains water, groundwater or river water; and

(c) avoids any significant impacts of stormwater runoff on adjoining downstream properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

The proposal does not increase the impermeable surface area of the development. Accordingly, the post development runoff levels will not exceed the predevelopment levels.

6.3 - Terrestrial Biodiversity

This clause seeks to maintain terrestrial biodiversity and requires that consent must not be issued unless the application demonstrates whether or not the proposal:

(a) is likely to have any adverse impact on the condition, ecological value and significance of the fauna and flora on the land

(b) is likely to have any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna

(c) has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

(d) is likely to have any adverse impact on the habitat elements providing connectivity on the land.

Additionally, this clause prevents consent being granted unless Council is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised - the development will be managed to mitigate that impact.

The proposal is located on land that has been identified on the Terrestrial Biodiversity Map as partially comprising “Biodiversity Sensitivity” land. The area of sensitivity was found to be Yellow Box - Blakelys Red Gum grassy woodland on the tablelands; South Eastern Highlands Bioregion. The vegetation is identified as being a critically endangered ecological community under the Biodiversity Conservation Act 2019 and as being critically endangered under the Environment Protection and Biodiversity Conservation Act 1999.

The impacts of the development upon the ecological value and significance of the native vegetation have been discussed in detail in the foregoing report. The development of the site does not reduce habitat connectivity with adjoining areas. Overall, it is considered that the impacts of the development upon the native vegetation can be mitigated and managed to acceptable level to limit the fragmentation and disruption to the biodiversity structure, ecological functions and composition of the land.

6.4 - Groundwater Vulnerability

This clause seeks to protect hydrological functions of groundwater systems and protect resources from both depletion and contamination. Large areas of the LGA, including the subject site, are identified with “Groundwater Vulnerability” on the Groundwater Vulnerability Map. This requires that Council consider:

(a) whether or not the development (including any onsite storage or disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and

(b) the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.

Furthermore, consent may not be granted unless Council is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact,

(c) if that impact cannot be minimised - the development will be managed to mitigate that impact.

The proposal is not anticipated to involve the discharge of toxic or noxious substances and is therefore unlikely to contaminate the groundwater or related ecosystems. The proposal does not involve extraction of groundwater and will therefore not contribute to groundwater depletion. The design and siting of the proposal avoids impacts on groundwater and is therefore considered acceptable.

Clause 6.8 - Essential Services

Clause 6.8 applies and states:

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

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

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

(e) suitable road access.

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

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy 55 Remediation of Land

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

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

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

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

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

The current and previous land use history of the site is not known to have been used for any purpose listed in Table 1 of the Contaminated Land Planning Guidelines. The potential for contamination of the site is considered low, as the subject land has been well established for rural residential purposes. There is no evidence of any contamination or contaminating activities having occurred on the site. Further investigation into contamination is not considered necessary in this instance. Conditions have been recommended regarding unexpected finds during works.

In this regard, the subject land is considered to be acceptable in its current form and further investigations regarding contamination/SEPP 55 are not necessary.

State Environmental Planning Policy (Koala Habitat Protection) 2020

In November 2020, the NSW Government announced plans to revert to operations under the former State Environmental Planning Policy No. 44 - Koala Habitat protection (SEPP 44) while a new policy is developed in 2021 that would protect koalas and the interests of farmers.

The State Environmental Planning Policy (Koala Habitat Protection) 2020 commenced on 30 November 2020 to replace and repeal the State Environmental Planning Policy (Koala Habitat protection) 2019 (2019 Koala SEPP).

The Koala SEPP 2020 replicates the objectives and provisions of SEPP 44, which was in force from 1995 through to 2019.

The 2020 SEPP does not apply to this proposal.

State Environmental Planning Policy (Koala Habitat Protection) 2021

The State Environmental Planning Policy (Koala Habitat Protection) 2021 was made and commenced on 17 March 2021.

The Koala SEPP 2021 reinstates the policy framework of SEPP Koala Habitat Protection 2019 to 83 Local Government Areas (LGA) in NSW. At this stage:

As an interim measure, the existing Koala SEPP 2020 will continue to apply in NSW core rural zones RU1, RU2 and RU3, except in the Blue Mountains, Campbelltown, Central Coast, Hawkesbury, Hornsby, Ku-Ring-Gai, Liverpool, Northern Beaches and Wollondilly where Koala SEPP 2021 will apply across all zones.

· In nine of these LGAs – Metropolitan Sydney (Blue Mountains, Campbelltown, Hawkesbury, Ku-Ring-Gai, Liverpool, Northern Beaches, Hornsby, Wollondilly) and the Central Coast LGA – Koala SEPP 2021 applies to all zones.

· In all other identified LGAs, Koala SEPP 2021 does not apply to land zoned RU1 Primary Production, RU2 Rural Landscape or RU3 Forestry.

For all RU1, RU2 and RU3 zoned land outside of the Sydney Metropolitan Area and the Central Coast, Koala SEPP 2020 continues to apply. This is an interim measure while new land management and private native forestry codes are developed in line with the NSW Government’s announcement on 8 March 2021.

The principles of the Koala SEPP 2021 are to:

· Help reverse the decline of koala populations by ensuring koala habitat is properly considered during the development assessment process.

· Provide a process for councils to strategically manage koala habitat through the development of koala plans of management.

This is an interim measure while new codes that include protections for high value koala habitat under the Local Land Services Act 2013 are developed as announced on 8 March. The new codes will decouple core rural zones in rural areas for land management purposes from core koala habitat identified through future Koala Plans of Management under the Koala SEPP. Once the codes are updated, the 2020 SEPP will be repealed, and the 2021 SEPP will apply to all zones in the 83 LGAs. At that time, Development Consent requirements for Private Native Forestry (PNF) will be removed.

It is considered that the proposed development has 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.

· 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 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 (Infrastructure) 2007

45 Determination of development applications—other development

The clause applies to a development application for a development comprising or involving any of the following:

· the penetration of ground within 2m of an underground electricity power line or an electricity distribution pole or within 10m of any part of an electricity tower,

· (b) development carried out—

o within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or

o immediately adjacent to an electricity substation, or

o within 5m of an exposed overhead electricity power line,

· installation of a swimming pool any part of which is—

· within 30m of a structure supporting an overhead electricity transmission line, measured horizontally from the top of the pool to the bottom of the structure at ground level, or

· within 5m of an overhead electricity power line, measured vertically upwards from the top of the pool,

· development involving or requiring the placement of power lines underground, unless an agreement with respect to the placement underground of power lines is in force between the electricity supply authority and the council for the land concerned.

Before determining a development application to which this clause applies, Council must give written notice to the electricity supply authority for the area (Essential Energy) inviting comments about the potential safety risks. In accordance with the requirements of this clause, the application was referred to Essential Energy who provided the following comments:

· As part of the subdivision, an easement/s are/is created for any existing electrical infrastructure. The easement/s is/are to be created using Essential Energy’s standard easement terms current at the time of registration of the plan of subdivision;

· If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment;

· Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property should be complied with; and

· Council should ensure that a Notification of Arrangement (confirming satisfactory arrangements have been made for the provision of power) is issued by Essential Energy with respect to all proposed lots which will form part of the subdivision, prior to Council releasing the Subdivision Certificate. It is the Applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the subdivision, which may include the payment of fees and contributions.

· In addition, Essential Energy’s records indicate there is electricity infrastructure located within the property. Any activities within this location must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure.

· Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW).

· Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets.

The above comments have been reflected in the draft notice of determination of the application.

104 Traffic-generating development

This clause applies to development specified in Column 1 of the Table to Schedule 3 that involves a new premise of the relevant size or capacity, or an enlargement or extension of existing premises, being an alteration or addition of the relevant size or capacity.

Having regard to Column 1 of the Table to Schedule 3, subdivision is listed as being a traffic generating development where a site with access to a road (not being a classified road) which comprises 200 or more allotments where the subdivision includes the opening of a public road.

In this regard, as the proposal does not involve the creation of 200 allotments, it is not traffic generating development within the meaning of Clause 104 of State Environmental Planning Policy (Infrastructure) 2007 and referral to Transport for New South Wales (TfNSW) was not required.

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

From 31 January to 13 April 2018 the Department of Planning and Environment publicly 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 lands will not impact on the development.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The development is Integrated Development within the meaning of Clause 4.46 of the Environmental Planning and Assessment Act 1979 as authorisation under Section 100B of the Rural Fires Act 1997 is required. The comments made by the RFS are discussed in the foregoing report and the conditions imposed have been reflected in the draft notice of determination.

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

Development Control Plan No 6 – Rural Small Holdings

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

3.1 Minimum Allotment Size

The subject land is zoned R5 Large Lot Residential. Within this zone, the minimum lot size is one (1) hectare. It is proposed to subdivide the lots as follows:

PROPOSED LOT	LOT SIZE
1	1 hectare
2	1.03 hectares
3	1 hectare
4	1 hectare
5	1 hectare
6	1.4 hectares
7	1.12 hectares
8	2.23 hectares
9	1.419 hectares
10	1.621 hectares
11	1.395 hectares
12	1.512 hectares

As per the above table, all lots satisfy the minimum lot size for the zone.

3.2.1 Power

Power is available to the subject land and the applicant is required to connect. Appropriate conditions regarding power supply have

3.2.2 Water Supply

Reticulated water is not available to the subject land. Notwithstanding, each lot is of an adequate width and depth to allow for the installation of rainwater tanks to satisfy the requirements of this Plan.

3.2.3 Sewerage Disposal

The information submitted in support of this application demonstrate that all lots can accommodate onsite wastewater disposal.

3.2.4 Road Standards and Roading Contributions

The current seal width of Ostini Lane is five metres which is less than the 6.0 metre seal width required for rural local access collector roads. Accordingly, conditions have been imposed requiring the seal width to be increased to six metres with a formation width of eight metres for the full length of the development’s frontage to Ostini Lane.

3.2.5 Telephone

Conditions have been imposed to require the applicant to make application to Telstra/NBN for infrastructure to be made available to each individual lot within the development. Either a Telecommunication Infrastructure Provisioning Confirmation or Certificate of Practical Completion is to be submitted to the Principal Certifying Authority confirming that the specified lots have been declared ready for service.

3.3 Fencing

Conditions have been imposed requiring the applicant to fully fence the new alignment of the lot boundaries to a dog proof standard to reduce the potential for stock loss on the adjoining grazing property.

3.6 Bushfire Protection

Bushfire has been addressed in the foregoing report.

3.7 Consideration of other Natural Hazards

The subject land is not known to be affected by any other natural hazards.

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

Demolition of a Building (clause 92)

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 93)

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

Buildings to be Upgraded (clause 94)

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

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development.

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

The proposed lots are to be used for rural residential purposes. A subdivision of this nature is permissible in the zone and the creation of the proposed lots is unlikely to generate any impacts that would adversely affect the quality of the environment in the locality.

Visual Impacts

The proposed subdivision will not significantly alter the visual amenity of the area. There will be minor visual impact through the addition of vehicle access points; whilst visible, the works are not intrusive, unreasonable or unnecessary.

The potential visual impact by future development within the proposed lots will be a matter for consideration at the time future development is proposed upon the land.

Bushfire

The bushfire requirements of the development have been discussed in the foregoing report. The applicant has demonstrated that the proposed subdivision has:

· Access and egress within the developable land and along the adjoining public road system include safety provisions for attending emergency service vehicles and evacuating residents, including road widths and management of vegetation along road verges.

· Adequate access for maintenance of APZ and other fuel management activities;

· Larger APZs outside of the range prescribed in PBP and increased Bush Fire Attack Level (BAL) have been provided to create a safer area for occupants and firefighters remaining on site; and

· All lots are of an appropriate size to ensure firefighting water supply and associated firefighting equipment (i.e. pump and hose) for any future dwelling.

In accordance with Clause 4.46 of the Environmental Planning and Assessment Act 1979, the application was referred to the New South Wales Rural Fires Service seeking their concurrence. The RFS made the following comments:

Access and Traffic

In accordance with Guide to Traffic Generating Developments Updated traffic surveys, a standard urban residential allotment in a regional city may generate up to 7.4 daily vehicle trips per dwelling per day. Accordingly, based on this rate, the development has the potential to generate 88.8 daily vehicle trips. The total traffic generated as a result of the development would not be concentrated and the impact on the local traffic levels is considered to be reasonable. Due to the nature of the development and surrounding residential land use pattern, typical traffic is expected to compromise predominantly of cars and light vehicles.

The RTA Guide sets out recommended Environmental Capacity Performance standards for streets with direct access to residential properties. Ostini Lane is considered to be a Local Street whereby the maximum peak hour volume is 300 vehicles per hour. Whilst formal traffic counts have not been undertaken, it is highly unlikely that the proposal would generate peak hour volumes along the local road network that would exceed the maximum goals nor the environmental goals of the road types.

In consideration of the above, the additional traffic generated as result of this development is reasonable and will integrate appropriately with the existing road network without adverse consequence.

Notwithstanding the above, as the seal width of Ostini Lane measures as little as 4.3m in some locations, it is considered narrower than the minimum pavement width required to service a subdivision of this size (6 metres width). Accordingly, conditions have been imposed requiring the existing road pavement to be widened by gravelling and sealing on the western side of Ostini Lane to achieve a Class 2 Level 2 standard. Bevan Lane is a sealed road of adequate width to accommodate the additional traffic from the two new lots.

In this regard, subject to conditions, the traffic and access aspects of the development are reasonable.

Land Use Conflicts

The potential for land use conflicts has been discussed in the foregoing report in which the occurrence of conflicts arising is minimal for the following reasons:

· The proposed development is consistent with the minimum lot size and zone objectives of the R5 Large Lot Residential zone.

· Building envelopes and dog proof fencing will minimise any potential impacts that may arise as a consequence of the subdivision.

· The subject land has been consistently zoned for large lot residential purposes. Accordingly, it is not unreasonable to expect a subdivision of this nature, particularly given that the development satisfies the zone objectives and prescribed minimum lot size.

· Conditions regarding dog proof fencing to reflect the subdivision layout have been recommended to mitigate any potential impacts.

· As detailed in the foregoing assessment, the design of the development will have a satisfactory level of impact upon the land within the adjoining zones and is unlikely to adversely affect the future development of adjoining land.

· The potential impacts of the development can be reasonably ameliorated through appropriate conditions of consent.

Ecological Impacts

Significant vegetation threatened species or ecological endangered communities, or their habitats are unlikely to be affected by the continued use of the unlawful works. Overall, adverse environmental and biodiversity impacts are unlikely.

Social and Economic Impacts

The proposed subdivision has the potential to generate positive social and economic effects due to the following:

· The development increases the range and supply of rural residential land.

· Indirect benefits such as the flow on effect of future development within the locality and local government area.

Cumulative Impacts

It is considered that each issue has been appropriately addressed and can be managed reasonably by appropriate conditions of consent. The development is suitable in its current context and the development of the site will not have a significant cumulative impact which exceeds the reasonable expectations of the community.

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

The proposed development is located in the R5 Large Lot Residential zone and is permissible with the consent of council. The suitability of the site has been addressed in the above sections of the report. The development of the site will not create significant adverse impacts on the context and setting of the area. Additionally, the development of the site will not detrimentally affect the adjoining land and is unlikely to lead to land use conflict.

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

The proposed development is defined as "advertised development" under the provisions of the CPP. The application was advertised for the prescribed period of 14 days and at the end of that period, five submissions objecting to the proposal were received.

SUMMARY OF SUBMISSION	RESPONSE
Vehicular traffic and movements	Access and traffic have been discussed in detail in the body of this report. The additional traffic generated as result of this development is reasonable and will integrate appropriately with the existing road network without adverse consequence. The seal of Ostini Lane will be required to be upgraded to a 6 metre seal.
Speed limit signage	This is a matter for Council and not the applicant. No public roads are created as part of the proposal.
Water tank on corner of Ostini Lane	The applicant has not proposed to connect to this tank. Each lot is of an appropriate size to accommodate onsite storage.
Telecommunications and internet	Clause 6.8 allows for Council to grant consent if it is satisfied that essential infrastructure is available; or adequate arrangements have been made to make such infrastructure available when required. The statement of environmental effects submitted in support of the application confirms that: · Town water is not proposed to be connected to the proposed subdivision. · Effluent disposal will occur onsite. · Power will be provided in accordance with the requirements of Essential Energy. · Telecommunications will be provided in accordance with Telstra/NBN requirements Staff are satisfied that essential infrastructure is available and adequate arrangement can be made when required.
Notification period not long enough – public meeting requested	The development proposal was neighbour notified for a period of 14 days in accordance with Council’s adopted Community Participation Plan. The development is not of a nature that requires public meetings or an extended notification period. Residents may organise to have a meeting themselves; however, a public meeting has no statutory role in the determination of this application.
Smaller building envelopes requested	The nominated building envelopes are located 20 metres from property boundaries which is consistent with the setback requirements for large lot residential areas. The site is not burdened by any constraints to warrant smaller building envelopes.
New road needed on eastern side of subject land	As discussed in the foregoing assessment a new road is not necessary in this instance and all lots have legal access to either Ostini Lane or Bevan Road. As mentioned in the foregoing report, Ostini Lane will be required to increase the seal to a 6 metre width.
Blindspot at intersection with Bevan Rad and Ostini Lane	As discussed in the foregoing assessment, the traffic and access arrangements are suitable. The intersection of Ostini Lane and Bevan Road is a 50 km/h speed zone where the minimum safe intersection sight distance (SISD) in 97 metres which is available. Upgrade of this intersection is not required.
Ban on number of dogs / animals etc.	Acknowledged; however, requiring this is unnecessary, unreasonable, and unenforceable. The legal test of validity of conditions of consent is found in the House of Lords decision of Newbury District Council v Secretary of State for the Environment [1981] AC 578. This authority espouses three basic tests for valid conditions: (i) Conditions must be for a planning purpose; (ii) Conditions must reasonably relate to the development to which they are addressed; and (iii) Conditions must themselves be reasonable Imposing a condition of this nature restricting the number of dogs present on the subject land would be unreasonable and unenforceable and not for a planning purpose. Given the lack of any real association of a condition of that nature is “so clearly unreasonable that no reasonable planning authority could have imposed it”. Conditions regarding dog proof fencing to reflect the subdivision layout have been recommended to mitigate any potential impacts.
More even distribution of lot sizes	All lots satisfy the prescribed minimum lot size for the zone and therefore cannot be seen as being contrary to the objectives of the zone.
Motorbike tracks	Motorbike tracks (recreation facility (outdoor)) are not permitted within the R5 zone pursuant to the LEP land use table. Accordingly, this is not required to be reinforced through an 88B Instrument.
Servicing impacts	As discussed in the foregoing report, the development of the site will not result in an unreasonable or unnecessary increase in demand for services.
View loss	The visual impacts of the development have been considered throughout the report and are within reason and acceptable limits. It is worth acknowledging that council may only refuse a development application if the view loss is significant enough to refuse consent; however, this must be balanced against the other considerations relevant to the assessment of the application pursuant to Section 4.15 of the Act. The proposed development is for subdivision of land which does not generate any consequential visual impacts. The visual impacts of development upon the lots will be a matter for consideration at the time development upon them is proposed.
Telecommunications	Low voltage electricity & telecommunications are present along the public roads. NBN currently provides fixed wireless technology to service this area but the maps suggest that it is patchy. Notwithstanding, it is available, regardless of quality.
Footpaths	The proposed development is located within a large lot residential area. The provision of footpaths and cycleways within this zoning would be uncharacteristic and unprecedented. It is not reasonable, nor is it necessary to require the applicant to provide footpaths or cycleways as a result of the development.

PUBLIC INTEREST s4.15(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. The proposal is not inconsistent with any relevant policy statements, planning studies, guidelines etc. that have not been considered in this assessment.

CONTRIBUTIONS ASSESSMENT

The proposed development is subject to the provisions of the Bushfire Services Contributions Plan. Pursuant to the table fire hazard scores, the development is considered to be located in an area of medium bushfire risk. Accordingly, the contribution payable, prior to the release of the subdivision certificate is $644.10 per lot.

RATE	CALCULATION	TOTAL CONTRIBUTION PAYABLE
$644.10 per lot	11 (credit of 1) x $644.10	$7,085.10

The proposed development is not subject to the provisions of the Road Contributions Plan for the Rural Small Holding Zone as Bevan Road and Ostini Lane are fully sealed roads.

SUMMARY

The proposed development is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of Cabonne Local Environmental Plan 2012 (as amended) and Development Control Plan. A section 4.15 assessment of the development indicates that the development is acceptable in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

COMMENTS

The requirements of the Development Engineer are included in the attached Notice of Approval.

ITEM 24 - 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 - 1255060

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 25 - 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 - 1255062

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 26 - 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 - 1255065

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 27 - 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 - 1255066

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 - 1265358

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 - 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 - 1262651

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 in the past month.

ITEM 3 - CENTRAL NSW JOINT ORGANISATION

REPORT IN BRIEF

Reason For Report	Council to note the minutes of the meetings.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.d - Maintain effective membership of Central NSW Councils JO, LGNSW, Country Mayors Association and other forums
Annexures	1. 210608 Mayoral report June 2021 - JO Board ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTRAL NSW JOINT ORGANISATION (CENTROC) - 1262681

General Manager's REPORT

The Mayor and Deputy General Manager Infrastructure attended a Central NSW Joint Organisation Board meeting held in Orange on 3 June 2021.

The Mayoral report and minutes of the meetings are attached for councillors’ information.

ITEM 4 - COUNTRY MAYORS ASSOCIATION

REPORT IN BRIEF

Reason For Report	To update Council on matters discussed at the Country Mayors Association meeting held on 28 May 2021.
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 Minutes 2021 28 May ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\COUNTRY MAYORS ASSOCIATION OF NSW - 1262644

GENERAL MANAGER’S REPORT

The Mayor and General Manager attended the Country Mayors Association meeting at Parliament House Sydney on 28 May 2021.

Special guests included:

· Hon Melinda Pavey MP, Minister for Water, Property & House

· Shane Fitzsimmons, Commissioner Resilience 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 5 - OFFICE OF LOCAL GOVERNMENT - CONSULTATION ON DRAFT MODEL SOCIAL MEDIA AND COUNCILLOR AND STAFF INTERACTION POLICIES

REPORT IN BRIEF

Reason For Report	For Council to determine if it wishes to make a submission
Policy Implications	Potential new policies of Council
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	1. Draft Model Social Media Policy ⇩ 2. Draft Model Councillor Staff Interaction Policy ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 1262671

Department Leader - Governance & Corporate Performance's REPORT

The Office of Local Government (OLG) has issued consultation drafts of a Model Social Media Policy and Model Councillor and Staff Interaction Policy (copies annexed).

The OLG is seeking the views of councils and other stakeholders on the consultation drafts prior to finalising the model policies.

The model policies have been developed using a “best of breed” approach to existing council policies and reflect what the OLG see as best practice in the sector.

The model policies will not be mandatory, and councils will be free to choose whether to use them or to adapt them for their own purposes. If adopted, the policies will operate to supplement the provisions of councils’ adopted codes of conduct.

Submissions close Friday 23 July 2021.

ITEM 6 - CABONNE COMMUNITY SERVICES

REPORT IN BRIEF

Reason For Report	To update Council on Community Services departments
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.2.2.a - Implement the HACC program
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\HOME AND COMMUNITY CARE - FOOD SERVICES - 1264503

Department Leader - Community Services' REPORT

COMMONWEALTH HOME SUPPORT PROGRAM (CHSP)

Over the past few months HACC has:

· Held morning tea sessions as a thank you to our volunteers during Volunteer Week. Volunteer Week was 17 May to 23 May 2021. These were held in Eugowra, Canowindra, and Yeoval.

· Held a First Aid session for volunteers with 10 attendees. A second session was held on 17 May for another 6 volunteers. As per the CHSP Program Manual it is now mandatory for all volunteers in direct care of clients to hold a current First Aid qualification.

· For the period 1 January – 9 June 2021 the service has delivered 5,390 meals. This is under the target; however the service has lost quite a few clients in the past six months due to going into permanent care or passing away.

· Continued to run the Meal Voucher program using Emergecny COVID-19 Funding. This program issues clients with ten $10 vouchers which they can use to purchase a meal a local participating business. Feedback from clients is that it is great as it is a treat for them as they normally cannot afford to eat out.

· Social bus trips have re-commenced after COVID restrictions. Sixteen (16) clients attended at Taste of Ireland in March at the Orange Civic Theatre. Other trips planned include Mamamia at the Orange Civic Theatre in October and a South Coast overnight trip in November, COVID permitting.

· Woolworths, in partnerships with NSW Meals on Wheels Association, have donated bags for clients. These bags contain disinfectant wipes, disinfectant gel, Glen 20 and Spray and Wipe products.

· Staff have applied for and received a grant which will be used to purchase a generator for the walk-in freezer. Should the power go off, the service will not lose the frozen meals on wheels.

COMMUNITY TRANSPORT

Community Transport is getting back to normal following COVID-19 restrictions with all 13 volunteers back driving. The service has commenced social bus trips, with a trip to the Parkes Little Theatre on 16 May 2021 being well received with 40 clients attending. Community Transport has completed 280 trips in the past five months, totaling 15,205km travelled. The service also held a First Aid course for volunteers in April. Due to a change in the Commonwealth Home Support Program, it is now mandatory for all volunteers in a direct care role to hold a current First Aid qualification.

FAMILY DAY CARE

Family Day Care currently has 22 educators. Of this only 18 are active, three are on maternity leave and one is on extended leave. This is a concern, and the service needs to raise educator numbers. There is one prospective educator in Orange and one in Canowindra which the service is supporting to commence. There are currently 175 children attending care each week.

The service has been busy preparing for our document system to move into the council’s Official Records Library, and continuing to prepare for Assessment and Rating which is due this year. Molong Playgroup has been continuing, however there have been less children attending, which is a concerning trend.

AFTER SCHOOL CARE

After School Care services have had an improvement in operations and in numbers. The issues the service has faced with a lack of staff have eased. There is now a Supervisor employed at each service and Assistant at Millthorpe who also assists at Blayney. The service still requires an additional Assistant and a floater to assist at all services and are continuing to advertise for these positions.

The number of places filled per week have increased at all services. It is expected that this trend will continue with an increase in enrolments who have not yet commenced care. Each additional place results in either $28 or $30 added to revenue, depending if the booking is permanent or casual. With a fee increase from 1 July 2021 each additional place will result in $30 or $32 added to revenue.

Service	Places at week ending 1.4.21	Places at week ending 4.6.21
Blayney	72	91
Manildra	12	26
Millthorpe	107	117
Mullion Creek	45	49

ITEM 7 - INVESTMENTS SUMMARY

REPORT IN BRIEF

Reason For Report	Information provided in relation to Council's Investment Schedule.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.4.b. Maximise secure income through investments
Annexures	1. Investments May 2021 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1256404

Department Leader - Finance's REPORT

Council’s investments as 31 May 2021 stand at a total of $37,340,894.

Council’s average interest rate for the month of May 2021 was 0.35%. 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 0.1% during the month of May. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 0.01%.

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 May 2021 are attached for Council’s information.

ITEM 8 - 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 May 2021 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1256407

Department Leader - Finance's REPORT

The Rate Collection Summary to May 2021 is attached for Council’s information. The percentage collected is 94% which is slightly higher compared to previous years.

The fourth instalment was due on 31 May 2021.

ITEM 9 - ENVIRONMENTAL SUSTAINABILITY UPDATE

REPORT IN BRIEF

Reason For Report	To update council on environmental sustainability initiatives.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.7.2.a - Report on sustainability initiatives
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ENERGY SUPPLY AND TELECOMMUNICATIONS\CAMPAIGNS\OTHER CAMPAIGNS - 1264014

Department Leader - Innovation & Technology's REPORT

The 2020/21 financial year has seen several sustainability initiatives undertaken, most notably:

· Mid-Scale Solar Project

o After being identified in council’s Renewable Energy Action Plan, initial work was undertaken to identify suitable sites. Four (4) sites were shortlisted, with grid connection enquiries underway at the preferred site.

o Constructive Energy have produced a conceptual modelling document and high-level business case for the project.

· Southern Lights Program

o Roll out of the LED Street lighting upgrades began in May 2020, and to date 721 of 801 lights (or 90%) have been replaced.

· Swimming Pool Energy Efficiency Audit

o Funded by the Department of Planning, Industry and Environment and coordinated by the Central NSW Joint Organisation, consultants from Northmore Gordon assessed the energy efficiency of operations at the Canowindra, Manildra and Molong Swimming pools in May 2021. Detailed findings are yet to be finalised.

· Smart Electricity Metering trial

o Funded by Department of Planning, Industry and Environment and coordinated by the Central NSW Joint Organisation, three (3) council sites will be fitted with smart electricity meters in an attempt to identify usage patterns and areas for efficiencies. This project has only just launched, and the 3 sites are yet to be identified.

· Solar Installations

o Funded by the NSW Drought Stimulus Program, solar panels were installed on the Cudal, Manildra, Nashdale and Yeoval halls.

ITEM 10 - 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. Cabonne Infrastructure Report June 2021 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 1264769

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 11 - DEPARTMENT OF PLANNING, INDUSTRY AND ENVIRONMENT - EXHIBITION OF PLANNING REFORMS

REPORT IN BRIEF

Reason For Report	For Notation
Policy Implications	Changes to Council LEP as a result of the reforms
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. FAQ Employment Zones Reform Community ⇩
File Number	\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\LEGISLATION\PLANNING REFORMS - 1259105

Department Leader - Development Services' REPORT

The Department of Planning, Industry and Environment are exhibiting a suite of reforms which includes the delivery of a simplified employment zones framework that suits the future of work, is fit for purpose, supports productivity and jobs growth while facilitating delivery of strategic plans and planning priorities.

The reform of employment zones aims to support long-term economic recovery through job creation and encourage increased productivity in NSW.

The major changes from the reforms will be the replacement of existing Business (B) and Industrial (IN) zones with five new employment zones and 3 supporting zones under the Standard Instrument Local Environmental Plan (of which Cabonne Council’s LEP is based). A ‘Frequently Asked Questions’ document is attached that highlights the intentions and effects of the reforms. The reforms are intended to be in place by the end of the 2021/22 Financial Year (i.e. 30 June 2022).

ITEM 12 - DEVELOPMENT APPLICATIONS APPROVED DURING MAY 2021

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 - 1262865

Department Leader - Development Services' REPORT

Development Applications have been approved during the period 01/05/2021 to 31/05/2021 as detailed below.

SUMMARY OF DEVELOPMENT APPLICATIONS APPROVED

APPLICATION NUMBER	TYPE	ESTIMATED VALUE
2021/0210	Change of Use – Shed to Dwelling Applicant: R Brown Owner: R Brown Zone: R1 Address: Lot 19 DP 249613, 14 McArdle St, Molong	$20,000
2017/0089/1	Dwelling With Detached Garage Machinery Shed & Eco Tourism Facility Applicant: F Rossiter Owner: W & F Rossiter Zone: RU1 Address: Lot 712 DP 792758, 166 McMurrays Lane, Cargo	$---
2021/0196	Alterations & Additions to Existing Dwelling Applicant: J & L Brennan Owner: J & L Brennan Zone: RU1 Address: Lot 8 DP 711801, 1244 Cargo Rd, Lidster	$250,000
2020/0171/1	Molong Community Centre (Community Facility) Applicant: King & Campbell Pty Ltd Owner: Cabonne Council Zone: B2 Address: Lot 2 DP 1082943, Lot B DP 155735 & Lot 432 DP 1070957, 96-98 Bank St, Molong	$---
2021/0214	Swimming Pool Applicant: M & S Duncan Owner: M & S Duncan Zone: R5 Address: Lot 3 DP 1066422, 102 Speedy St, Molong	$30,314
2021/0197	Alterations & Additions to Existing Dwelling Applicant: S Whiley Owner: S Whiley Zone: RU5 Address: Lot 1 DP 758643, 15 Toogong St, Manildra	$190,000
2021/0168/1	Boundary Adjustment Applicant: MPF Surveying Pty Ltd Owner: A Oldham Zone: R1 Address: Lot 22 DP 510822 & Lot 3 DP 758693, 46 Molong St, Molong	$---
2021/0205	Garage Applicant: T Dingwall Owner: T Dingwall Zone: RU1 Address: Lot 1 DP 530373, 104 Market St, Molong	$30,300
2021/0218	Test & Monitoring Bores Applicant: Regis Resources Ltd Owner: LFB Resources Pty Ltd Zone: RU1 Address: Lot 1 DP 801034, and Lots 101 & 102 DP 750414, 19 Dungeon Rd, Vittoria	$400,000
2015/0002/2	Change Of Use and Internal Alterations Applicant: L Ellis Owner: L Ellis Zone: RU1 Address: Lot 1 DP 1231187, 7860 The Escort Way, Eugowra	$---
2021/0178/1	Alterations & Additions Applicant: Source Architects Owner: P & M Weal Zone: RU1 Address: Lot 1 DP 1116398, 1800 Cargo Rd, Lidster	$---
2021/0191	Four Lot Subdivision Applicant: A Napier Owner: P & F Carman Zone: RU1 Address: Lot 18 DP 1135607, Rodda Dr, Cudal	$---
2021/0208	Garage Applicant: P Dawes Owner: P Dawes Zone: R1 Address: Lot 1 DP 780751, 21 Tilga St, Canowindra	$19,650
2021/0207	Shed Applicant: T Baker Owner: T Baker Zone: R5 Address: Lot 4 DP 1268509, 9 Carcoar St, Spring Hill	$36,000
2021/0203	Pergola Applicant: R Spurr Owner: R Spurr Zone: R1 Address: Lot 12 DP 758693, 26 William St, Molong	$12,000
2021/0215	Home Business (Food Manufacturing) Applicant: Granudie Pty Ltd Owner: M & S Roebuck Zone: RU1 Address: Lot 221 DP 728825, 338 Vittoria Rd, Vittoria	$---
2021/0230	Boundary Adjustment Applicant: Planline Pty Ltd Owner: P Stivens Zone: RU1 Address: Lot 100 DP 1031436, 1088 The Escort Way, Borenore	$---
2021/0233	Demolition Applicant: A Scott Owner: A Scott Zone: IN2 Address: Lot 2 DP 758693, 5 George St, Molong	$20,000
2021/0212	Swimming Pool Applicant: D & R Bouffler Owner: D & R Bouffler Zone: RU1 Address: Lot 1 DP 1031628, 1297 Burrendong Way, Clergate	$35,000
2021/0189	Shed Applicant: M Potts Owner: M Potts Zone: RU5 Address: Lot 1 DP 758311, Lot 10 DP 758311 and Lot 2 & 3 DP 758311, Cargo St, Cudal	$29,375
2021/0224	Dwelling Applicant: B Turton Owner: B Turton Zone: RU1 Address: Lot 3 DP 828246, 4674 Canowindra Rd, Canowindra	$250,000
2021/0213	Subdivision Applicant: Zayran Pty Ltd Owner: Zayran Pty Ltd Zone: R5 Address: Lot 94 DP 750170, 100 Starrlea Rd, Molong	$---
2021/0223	Dwelling Applicant: G Staniforth Owner: G Staniforth Zone: RU1 Address: Lot 1 DP 863296, 513 Emu Swamp Rd, Emu Swamp	$300,000
2021/0227	Dwelling & Shed Applicant: C Whiteman Owner: C Whiteman Zone: RU5 Address: Lot 20 DP 1271281, 5 Taylor St, Cudal	$380,000
2021/0231	Dwelling & Swimming Pool Applicant: M Eades Owner: M Eades Zone: RU1 Address: Lot 3 DP 1257537, 89 Bruce Rd, Orange	$1,400,000
2021/0243	Temporary Use (Markets) Applicant: Cargo Pub Partners Owner: Cargo Pub Partners Zone: RU5 Address: Lot 15 DP 758226, 34 Belmore St, Cargo	$---
2021/0226	Shed Applicant: G Miller Owner: G Miller Zone: RU1 Address: Lot 102 & 103 DP 1065025, 408 Long Point Rd, Mullion Creek	$50,000
2021/0235	Farm Building Applicant: Cropley Pastures Pty Ltd Owner: Cropley Pastures Pty Ltd Zone: RU1 Address: Lot 1 DP 731798, Belgravia Rd, Belgravia	$81,000
2021/0133	Agricultural Produce Industry (Winery) Extension to Cellar Door & Ancillary Restaurant Applicant: Peter Basha Planning & Development Owner: G Ward Zone: RU2 Address: Lot 1 DP 878304, 701 The Escort Way, Borenore	$600,000
2020/0018/1	8 Lot Subdivision Applicant: Peter Basha Planning & Development Owner: R & M Fowler Zone: R5 Address: Lot 2 DP 758693, 63 Starrlea Rd, Molong	$---
2019/0169/1	Service Station Applicant: Canowindra Petroleum Pty Ltd Owner: Canowindra Petroleum Pty Ltd Zone: B2 Address: Lot 1 DP 852310, Gaskill St, Canowindra	$---
TOTAL: 31		$4,133,639

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS APPROVED

APPLICATION NUMBER	TYPE	ESTIMATED VALUE
2021/1028	Garage Applicant: L Ellis Owner: L Ellis Zone: R5 Address: Lot 168 DP 750147, 42 Square Road, Moorbel	$25,000
2021/1031	Machinery Shed Applicant: Central West Certifiers Owner: D & D Searle Property P/L Zone: RU1 Address: Lot 200 DP 1247134, 211 Davis Road, Spring Hill	$105,000
TOTAL: 2		$130,000

GRAND TOTAL: 33	$4,263,639
Previous Month: 31	$4,449,535

ITEM 13 - DEVELOPMENT APPLICATIONS RECEIVED DURING MAY 2021

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 - 1262866

Department Leader - Development Services' REPORT

Development Applications have been received during the period 01 May 2021 to 31 May 2021, as detailed below.

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

APPLICATION NUMBER	DETAILS	ESTIMATED VALUE
2021/0227	Dwelling & Shed Applicant: C Whiteman Owner: C & T Whiteman Zone: RU5 Address: Lot 20 DP 1271281, 5 Taylor St, Cudal	$380,000
2021/0228	Shed Applicant: K Tomlin Owner: K Tomlin Zone: R5 Address: Lot 1102 DP 1043103, Windera Dr, Windera	$18,000
2021/0168/1	Boundary Adjustment Applicant: MPF Surveying Pty Ltd Owner: A, W & E Oldham Zone: R1 Address: Lot 22 DP 510822 & Lot 3 DP 758693, 46 Molong St, Molong	$---
2021/0230	Boundary Adjustment Applicant: Planline Pty Ltd Owner: Planline Pty Ltd & P Stivens Zone: R1 Address: Lot 100 DP 1031436, 1088 The Escort Way, Borenore	$---
2021/0229	Cemetery Applicant: L Mckay Owner: L McKay Zone: RU1 Address: Lot 71 DP 750165, 180 Healeys Rd, Manildra	$---
2021/0178/1	Alterations & Additions Applicant: Source Architects Owner: Tycannah East Pty Ltd Zone: RU1 Address: Lot 1 DP 1116398, 1800 Cargo Rd, Lidster	$---
2021/0231	Dwelling & Swimming Pool Applicant: M Eades Owner: M Eades Zone: RU1 Address: Lot 3 DP 1257537, 89 Bruce Rd, Orange	$1,400,000
2021/0232	Alterations & Additions to Dwelling Applicant: J Blowes Owner: J Blowes Zone: RU1 Address: Lot 1 DP 522101, 310 Kangaroobie Rd, March	$80,000
2021/0233	Demolition Applicant: A Scott Owner: A, D, E & J Scott Zone: IN2 Address: Lot 2 DP 758693, 5 George St, Molong	$20,000
2021/0234	Shed Applicant: F Nemcek Owner: F & D Nemcek Zone: RU5 Address: Lot 158 DP 750145, 24 Loftus St, Cargo	$19,500
2021/0235	Farm Building Applicant: Cropley Pastures Pty Ltd Owner: Cropley Pastures Pty Ltd Zone: RU1 Address: Lot 1 DP 731798, Belgravia Rd, Belgravia	$81,000
2021/0236	Transportable Dwelling Applicant: B Evelyn Owner: B Evelyn Zone: R1 Address: Lot 1 DP 758221, 33 Radnor St, Canowindra	$95,000
2021/0238	Agricultural Produce Industry Applicant: Marbill Pty Ltd Owner: Marbill Pty Ltd Zone: RU5 Address: Lot 1 DP 653136, Lot 1 DP 726959 and Lots 161 & 164 DP 750182, 2 Nanima St, Eugowra	$---
2021/0237	Alterations & Additions to Dwelling Applicant: I Davey Owner: I & C Davey Zone: RU1 Address: Lot 8 DP 1060264, 19 Shepherd Dr, Mullion Creek	$17,673
2021/0239	Boundary Adjustment Applicant: MPF Surveying Pty Ltd Owner: K Keegan Zone: R5 Address: Lot 403 DP 1083051, 21 Windera Dr, Windera	$---
2021/0240	Dwelling & detached Garage Applicant: C Fabri Owner: C Fabri Zone: RU5 Address: Lot 20 DP 750150, 21 Merga St, Cudal	$457,554
2018/0084/3	Modification – Cellar Door & Restaurant Applicant: Peter Basha Planning & Development Owner: Balmoral Swift Pty Ltd Zone: RU2 Address: Lot B DP 179711, 194 Nancarrow Lane, Nashdale	$---
2020/0018/1	8 Lot Subdivision Applicant: Peter Basha Planning & Development Owner: M Fowler Zone: R5 Address: Lot 2 DP 758693, 63 Starrlea Rd, Molong	$---
2021/0242	Industrial Development & Warehouse Demolition & Business Identification Signage Applicant: Peter Basha Planning & Development Owner: B & S Allcorn Zone: RU5 Address: Lot 943 DP 835773, 6 Dederang St, Manildra	$500,000
2021/0241	Alterations & Additions to Dwelling Applicant: Southwell Design & Drafting Owner: E Richards Zone: RU2 Address: Lot 1 & 2 DP 572691, 52 Woods Lane, Nashdale	$70,000
2021/0243	Temporary Use (Markets) Applicant: Cargo Pub Partners Owner: Cargo Pub Partners Zone: RU5 Address: Lot 15 DP 758226, 34 Belmore St, Cargo	$---
2021/0244	Shed Applicant: B Dunkley Owner: B & R Dunkley Zone: RU5 Address: Lot 5 DP 580608, 95 Nanami Lane, Cargo	$49,115
2021/0246	Shed Applicant: G Grant Owner: G & S Grant Zone: R5 Address: Lot 279 & 284 DP 750162, 25 Old Orange Rd, Manildra	$25,000
2021/0245	Shed Applicant: I Ross Owner: Marbill Pty Ltd Zone: RU5 Address: Lot 1 DP 653136, Lot 1 DP 726959 and Lot 161 & 164 DP 750182, 2 Nanima St, Eugowra	$600,000
2021/0247	Dwelling Applicant: C & B Pittis Owner: C & B Pittis Zone: RU1 Address: Lot 1 DP 602237, 4011 The Escort Way, Cudal	$338,483
2021/0248	4 Lot Subdivision Applicant: Peter Basha Planning & Development Owner: C & M Balcomb Zone: RU1 Address: Lot 1 DP 1146686 and Lot 43, 49 & 50 DP 750130, 198 Barragan Rd, Cargo	$---
2021/0249	Transportable Building (Tattoo Room) Applicant: A Bell Owner: A Bell Zone: R1 Address: Lot 21 DP 849501, King St, Molong	$10,000
2021/0250	Alterations & Additions to Dwelling Applicant: McKinnon Design & Drafting Owner: S & J Petersen Zone: RU2 Address: Lot 5 DP 229687, 37 Woods Lane, Nashdale	$665,000
TOTAL: 28		$4,826,352

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

APPLICATION NUMBER	DETAILS	ESTIMATED VALUE
2021/1031	Dwelling Applicant: Central West Certifiers Owner: D & D Searle Property Pty Ltd Zone: RU1 Address: Lot 200 DP 1247134, 211 Davis Rd, Spring Hill	$105,000
2021/1030	Dwelling Applicant: GJ Gardner Homes Owner: G Jones Zone: RU1 Address: Lot 106 – 109 DP 750186, 8183 The Escort Way, Eugowra	$356,866
2021/1032	Dwelling Applicant: Jindalee Constructions Pty Ltd Owner: Jindalee Constructions Pty Ltd Zone: R1 Address: Lot 2 DP 32548, Tilga St, Canowindra	$250,000
TOTAL: 3		$711,866

GRAND TOTAL: 31

$5,538,191

ITEM 14 - BURIAL STATISTICS - MAY 2021

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 - 1264538

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	2
December	3
January	7
February	5
March	3
April	1
May	6
June
Total	50

ITEM 15 - 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 - 1264544

Department Leader - Development Services' REPORT

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

YEAR	MEDIAN ACTUAL DAYS
2016	39
2017	48
2018	31.5
2019	14
2020	25

Summary of median Application Processing Times for 2021:

MONTH	MEDIAN ACTUAL DAYS
January	35
February	21
March	28
April	21
May	21
June
July
August
September
October
November
December

*Reference/Dwg No*	*Title/Description*	*Prepared By*	*Date/s*
Unreferenced	Statement of Environmental Effects	Anthony Daintith Town Planning	28 November 2020
2015-108DA	Proposed Subdivision	Anthony Daintith Town Planning	29 July 2016
20050-R01_A	Bush Fire Assessment Report	Integrated Consulting	26 November 2020
20201064	Effluent Disposal Investigation	Calare Civil Consulting Engineers	20 October 2020

DAY	HOURS
Monday to Friday	7:00 am to 6:00 pm
Saturday	8 am to 1:00 pm
Sunday & Public Holidays	No work