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 - 1383813

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 - 1383814

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 - 1383815

Recommendation

THAT any political donations be noted.

General Manager's 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 - 1383817

Recommendation

THAT the information contained in the Mayoral Minute be noted.

General Manager's 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 - 1383820

Recommendation

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

General Manager's 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 - 1385032

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. 26 April 2022 Ordinary Council Meeting Minutes.PDF ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2022 - 1383501

Recommendation

THAT the minutes of the Ordinary Council meeting held on 26 April 2022 be adopted.

General Manager's REPORT

The following minutes are attached for adoption:

1. Minutes of the Ordinary Council meeting held on 26 April 2022.

ITEM 8 - CONFIRMATION OF THE COMMITTE MEETING MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of the Communtiy, Economy and Culture and Infrastructure (Transport) Committee Minutes.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.f - Adhere to Council's Code of Conduct and Code of Meeting Practice
Annexures	1. EIE_10052022_MIN ⇩ 2. IO_10052022_MIN ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2022 - 1383825

Recommendation

THAT the report and recommendations of the Environment, Innovation & Energy and Infrastructure (Other) Committee Meetings of Cabonne Council held on 10 May 2022 be adopted.

General Manager's REPORT

Attached is the report of the Environment, Innovation & Energy and Infrastructure (Other) Committee Meetings of Cabonne Council held on 10 May for Council’s adoption.

ITEM 9 - LOCAL GOVERNMENT REMUNERATION TRIBUNAL

REPORT IN BRIEF

Reason For Report	To resolve the quantum of payments to the Mayor and Councillors for the 2022/2023 financial year
Policy Implications	Council's policy is that Council continue to pay fees to councillors and the Mayor at the maximum amounts
Budget Implications	A minor adjustment to the 2022/23 budget will be required to reflect the Tribunal determination.
IPR Linkage	4.5.1.c. Provide appropriate mechanisms for democracy and participation for Cabonne residents
Annexures	1. 2022 Annual Determination - LGRT ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT REMUNERATION TRIBUNAL - 1386298

Recommendation

THAT from 1 July 2022 the annual fees payable to each councillor be set at $12,650 and the additional annual payable fee to the Mayor be set at $27,600.

Department Leader - Governance & Corporate Performance's REPORT

The Local Government Act 1993 (the LG Act) requires the Local Government Remuneration Tribunal (the Tribunal) to report to the Minister for Local Government by 1 May each year on its determination of categories of councils and the maximum and minimum amounts of fees to be paid to mayors, councillors and chairpersons and members of county councils.

Categories

As per section 239 of the LG Act the categories of general purpose councils remain as follows:

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

Cabonne Council remains categorised as Rural.

Fees

As per section 241 of the LG Act the tribunal has determined that the minimum and maximum fees applicable to each category will be increased by 2%.

Accordingly, Council is able to set annual fees in the following range:

Councillor Minimum fee $9,560 Maximum fee $12,650

Mayor Minimum fee $10,180 Maximum fee $27,600*

*This fee must be paid in addition to the fee paid to the Mayor as a Councillor in accordance with section 249(2) of the LG Act.

ITEM 10 - DRAFT CABONNE FAMILY DAY CARE POLICY

REPORT IN BRIEF

Reason For Report	That council adopt the draft Cabonne Family Day Care Policy
Policy Implications	New policy
Budget Implications	Nil
IPR Linkage	3.1.1.b - Provide quality and affordable year round care in Cabonne
Annexures	1. 2022-02-22 DRAFT Cabonne Family Day Care policy ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 1386275
Previous Items	13363 - Council - 22 Mar 2022 2:00PM

Recommendation

THAT Council adopt the draft Cabonne Family Day Care Policy.

Department Leader - Community Services' REPORT

The attached draft Family Day Care Policy has been on public exhibition from 30 March to 27 April 2022, with no comments being received.

Given there has been no objection to the policy contents, it is recommended that council adopt the Family Day Care Policy.

ITEM 11 - INTEGRATED PLANNING AND REPORTING 2022/23

REPORT IN BRIEF

Reason For Report	For Council to adopt or endorse, as required, the integrated planning and reporting documentation for 2022/23
Policy Implications	Nil
Budget Implications	2022/23 Budget to be adopted
IPR Linkage	4.5.2.c - Engage with community to determine future needs & objectives
Annexures	1. Community Strategic Plan ⇩ 2. Workforce Management Strategy ⇩ 3. Information Technology Strategy ⇩ 4. Delivery Program ⇩ 5. Operational Plan ⇩ 6. Long Term Financial Plan ⇩ 7. Community Engagement Strategy ⇩ 8. Strategic Asset Management Plan ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2022-2023 - 1389319

Recommendation

THAT Council:

1. Endorse the following documents:

a. Community Strategic Plan

b. Workforce Management Strategy

c. Information Technology Strategy

2. Adopt the following documents:

a. Delivery Program

b. Operational Plan - including Activities, Budget, Statement of Revenue Policy and Fees & Charges

c. Long Term Financial Plan

d. Community Engagement Strategy

e. Strategic Asset Management Plan

Department Leader - Governance & Corporate Performance's REPORT

Council resolved at its March 2022 Ordinary meeting to place the following draft integrated planning and reporting documents on public exhibition for 28 days:

· Community Strategic Plan – note in accordance with IP&P Guidelines the CSP is endorsed rather than adopted as it is not deemed a ‘council’ document.

· Delivery Program

· Operational Plan – including Activities, Budget, Statement of Revenue Policy and Fees & Charges

· Long Term Financial Plan

Submissions closed on Friday 22 April 2022.

The below table details the submissions received and the relevant changes made. A copy of the amended documentation is attached for the information of councillors.

Submission received

IP&R Document

Comment

Response

Victoria Parkes, Yeoval

DP/OP

Yeoval Streetscape

Understands that Council is proposing to undertake a beautification upgrade to Forbes Street, (the main street) of Yeoval i.e:- with the addition of pot planter construction and coloured Plants to be placed along Forbes Street in Yeoval, and new entrance signage to the township of Yeoval.

Council to advise submission maker of proposed works planned for Yeoval in 2022-23, and suggest speaking with Progress Association regarding funding opportunities through Village Enhancement Fund, and Community Assistance Program.

DP/OP

Public Seating

Cabonne Council address the public seating that exists along Forbes Street, as some of these are in need of a refurbishment (i.e.: painting and repair and/or replacement).

Noted.

DP/OP

Town Entrance

Cabonne Council plant ornamental shade trees to be included as an entrance corridor into the township of Yeoval.

Noted.

Yeoval Progress Association

DP/OP

Town Beautification - Planter boxes

Progress Association has suggested placing planter boxes around Yeoval to beautify the town, with the priority from the Baptist Church through to the Royal Hotel the priority. The Little River Landcare Group has indicated they could provide financial support of this.

Noted.

Council to advise submission maker of proposed works planned for Yeoval in 2022-23, and to provide funding opportunities through Council’s Village Enhancement Fund, and Community Assistance Program.

DP/OP

Town Beautification – Town entrances/bridges

Progress Association has suggested Bridges and entrances on Renshaw McGirr Way, and Obley Road are untidy and overgrown with vegetation. Painting of bridges, trees at entrances, and mowing and weeding would improve town

Noted.

Service agreement levels around mowing and weeding should be addressed.

DP/OP

Town signage

Community requesting the “Greatest Little Town in the West” signs remain, and correct population be included.

Noted.

Community consultation will commence in late 2022 regarding new town signage. Old signage will NOT be removed.

DP/OP

Yeoval Showground upgrades

Community seeking funding for upgrades to entry points, seating upgrades, pavilion upgrades, establishment of an equine centre, general beautification works.

Noted.

Service agreement levels around mowing and weeding should be addressed.

Grant funding opportunities can be explored by Council.

Robyn Callingham, Canowindra

DP/OP

Age of Fishes Museum

4.1.5.3 and 4.1.5.3a

Exactly how is discussion going to be facilitated. More detail required.

Exactly who are the key stakeholders? Imperative that the key stakeholders include current museum staff and volunteers as they are the most knowledgeable as to what has and hasn’t worked in the past as well as where the current need/demand is.

Ensure data collected locally by museum is also used.

Is the Visitor Information area part of the strategy? This is also vital to the foot traffic of the museum (over 10000 visitors last year)

Is how the museum is marketed included in the strategy? A lot more externally driven marketing is required as there is very little now.

Noted.

Council to advise submission maker of more detail around the proposed curatorial strategy.

DP/OP

Age of Fishes Museum

4.1.5.3b

Why will it (the curatorial study) take so long? 2024

Noted.

Council to advise submission maker of more detail around the proposed curatorial strategy.

DP/OP

Age of Fishes Museum

4.1.5.3c

Why hasn’t lobbying taken place already? Explanation required.

Why will it take so long to lobby for funding? Risk of strategy being outdated before it has even been implemented.

Noted.

Council to advise submission maker of more detail around the proposed curatorial strategy.

Tiffany Bracey, Cargo

Road Specification Standards

2.2 –

Having broad statements in the draft plans, such as Deliver Council’s capital works program in line with the Strategic Asset Management Plan and the Transport and Drainage Department Plan does not provide for road Specifications i.e. how a road should be built, maintained or resurfaced etc.

The Councils Draft Plans and the supporting documents listed in the draft plans, such as the Strategic Asset Management Plan and the Transport and Drainage Department Plan, do not include any reference to Technical Guides and Standards, such as Austroads or Transport for NSW Specifications for Earthworks etc, for carrying out of building, maintenance or other of roads.

By not including construction, and maintenance standards in the strategic documents and asset management plans, there is no accountability on council, on how the roads are constructed and maintained. Simply using measures on "number of kilometres maintained or sealed" etc, is meaningless if the methods used simply fail because construction or maintenance methods are not sound.

Specifications are designed to provide guidance on best practice for transport infrastructure, e.g. material specifications and dimensions for gravel, road pavement materials, preparation of pavement surface, sprayed bitumen surfacing techniques, geotechnical treatments, inspections, and testing of tolerances - including subsurface drainage.

Noted.

The DP and OP are high level documents and do not include specific details on compliance with specific standards.

Council’s Strategic Asset Management Plan is reviewed each year to ensure compliance with current standards.

All Council Road construction must adhere with specific legislative requirements, e.g. AusRoad Standards, and AusSpec Standards.

Transport Strategic Asset Management Plan

Technical Road Specifications

Update and change the strategic direction for the Cabonne Council’s Transport Asset Management Plan to include;

Transport Roads and Maritime Services Technical Guide Standards for the rolling asset renewal program for the;

· Maintenance and new capital works; as well as

· Performance measures that are measured against the RMS Technical Guide project specifications - for ALL local Roads, bridges, culverts construction and maintenance.

In particular, to include in the Cabonne Council’s Transport Asset Management Plan the Transport Roads and Maritime Services Technical Guide Standards and specifications for matters such as;

· Earthwork’s specification for roadworks - which aims to create a stable formation, suitable road pavement, using suitable materials, controlled excavation, selection and placement of materials, and the use of Foundation Treatments and Structural Treatments, to achieve the best possible support for the road pavement. SPECIFICATION R44

· Earthworks to be carried out in conjunction with other work specifications, such as surface and subsurface drainage works and environmental control measures.

· Stabilisation of Earthworks Specifications - the requirements for stabilisation of earthworks, involving the supply and mixing of binder, and placement, compaction, trimming and curing of the mixed material - QA Specification R50

· Sprayed bituminous surfacing Specifications – which includes not only the specifications for aggregates, binders and more, but also the application and incorporation of the aggregate operational use and application methods - R106,

· Compaction of road construction materials, including but not limited to

o Compaction testing for dry density/moisture relationship of road construction materials,

o Compaction control tests

o Soil testing

Council’s Strategic Asset Management Plan is reviewed each year to ensure compliance with current standards.

All Council Road construction must adhere with specific legislative requirements, e.g. AusRoad Standards, and AusSpec Standards.

Ben Wark, Cargo

DP/OP

Road Maintenance Specifications

The documents included in the Council’s strategy operational plan outline the use of Specifications or Standards on how to build or maintain roads, which means that the council can use construction methods that are not to minimum standards and may (do) fail.

Examples of standards are listed below for your reference;

· Transport Roads and Maritime Services Technical Guide Standards

Request that Cabonne Council include and adopt in the proposed Cabonne council plans and asset management plan, references to road specifications, standards, and Technical Guides to ensure the delivery of quality transport infrastructure.

Noted.

The DP and OP are high level documents and do not include specific details on compliance with specific standards.

Council’s Strategic Asset Management Plan is reviewed each year to ensure compliance with current standards.

All Council Road construction must adhere with specific legislative requirements, e.g. AusRoad Standards, and AusSpec Standards.

Cabonne Council

DP/OP

Service Reviews

Under the new NSW Office of Local Government Integrated Planning and Reporting Guidelines it is a requirement for councils to undertake service reviews and specify these in the operational plan.

This is an unintentional oversight in Councils suite of I,P&R documents and needs to be corrected to be in line with the guidelines.

The DP will be edited to include service reviews under 1.2.3.1 - Corporate performance measures and targets are identified, monitored, and achieved.

A new action would be added under 1.2.3.1d – Annual Service reviews undertaken of Council operations.

This action would take place each year.

The OP will be edited to include 1.2.3.1d as an action, with the measure and target – Commencing planning of service review requirements for all Council areas.

Undertaking service review program end of 2022/23.

Pete Manwaring, Molong

Note: This was a late submission

CSP

3.3 – Youth

Why only focus on sport? What about art and music? What about seeking youth’s opinions and their activation within the community?

Noted.

This item does address creative endeavours.

CSP

3.8 - Arts & Culture

A ‘What’s On’ Calendar is not really an initiative, it’s a basic requirement and expectation. What about promoting art prizes, facilitating concerts, main street block parties (on market days etc), indigenous events etc.

Noted.

This item does address promotion of arts, cultural events, community participation.

CSP

4.1 – Business Development

Need to activate the empty or underutilised shops/buildings, it’s difficult of course as they’re privately owned, but Council must have some levers to nudge owners in the right direction. Rate surcharge for underutilised space? Appropriate DA usage? Maintenance orders?

Noted.

This item does identify pop-ups and adaptable leasing arrangements to address issues with empty shopfronts.

CSP

5.1 Natural Features

Council seems to be missing easy wins for locals and tourists in this regard.

There are numerous beautiful locations along say Molong Creek that are currently wasted and could provide much needed amenity and attraction to tourists and locals. One natural phenomena Molong has are the Platypus’ in the creek, however many locals don’t even know about them, let alone tourists.

Noted.

This item does address enhancing key locations through wayfinding, pathways, guided tours, landscaping, seating, and other amenities to support improved access.

CSP

5.2 Climate Change

· due to climate change we will be facing hotter summers, bigger and more frequent floods.

· Molong main street needs much improved flood mitigation, and flood preparation plans and resources in place and ready to go.

· All village main streets need large canopy’s of trees as shade in the increasingly hot summers, yes they’ll take some car spots, yes they drop leaves and seeds, yes they may have roots pop up, but all those issues can be mitigated easily, the alternative of a barren hot wasteland that no one wants to visit and spend time in is not an option. Every great city in the world is trying to increase their trees, Molong Main Street seems to be trying to remove them for some inexplicable reason.

Noted.

This idea does include the Implementation and adoption of legislative requirement in relation to climate change adaptation measures.

1.2.2.2 – Engagement with Council

Engaging with Council is not very user friendly.

Also, Council’s Social Media usually has the comments turned off, and if they are turned on, they aren’t responded to. In this modern world, council should be prioritised ways to communicate with its constituents, not making it hard.

Noted.

Council’s social media comments are turned on. We welcome comments and suggestions. However, social media is not formal means of communicating with Council. Users are always encouraged to contact council via phone or through email.

3.2.2.1c – Care of Animals

A major concern to elderly and the young pedestrians, along with dog walkers is the dangerous unsocialised dogs escaped from yards. While dogs will always escape, council could ‘promote and encourage responsible pet ownership’ by promoting the value of dog socialisation, and hence, reduction in aggression. One way to do this would be via an off lead fenced dog park. Molong has a ready made space opposite the police station that would simple require an addition low fence to the creek and some bins. The other massive advantage of this dog park is tourism, I know when I go on road trips I seek out dog parks as locations to stop, rest, eat, drink, shop n sleep.

Noted.

4.1.5.1b – Population Growth

Plan for population growth. Need to treat township planning like a business, that is, determine competitive differentiation, then plan for growth by enhancing that differentiation. Specifically, say Molong, people move to Molong to live in a village, and not be in the major centre (ie. Orange), so any planning needs to ensure we DON’T become Orange, with its awful urban sprawl on the way in and out of Orange. Of course we need land release and new houses, but let’s carefully plan where they go so as to keep Molong’s village feel.

· Appropriately Zone any new development areas.

o say min 5 acre blocks on the highway entry and exit of town. i.e. ensuring we have a ‘beautiful’ corridor in and out of town

all other zoning, min size block ¼ acre.

Noted.

4.1.5.1b identifies need for Council to develop a land use policy to help guide land development.

These issues are addressed through the Central West and Orana Regional Plan, the Blayney, Orange and Cabonne Rural and Industrial sub-Regional Plan, the Cabonne Settlement Strategy, and the Cabonne Local Environment Plan 2012 – Inform Land Use Planning Decisions.

4.2.1.3 – Youth Activities

Anything developed should be obvious and clear for tourists (ie google maps). We should develop activities that play to our strengths, space, nature, farming. Imagine a Public swimming hole in the various towns creeks rivers, sure it may need some maintenance and risk management, but the benefits to locals, especially the disadvantaged, and tourists would be huge.

Noted.

Council has also reviewed and made adjustments to one outcome of the Delivery Program 1.3.2 (correspondingly also for the Operational Plan 1.3.2.1) regarding its approach to climate change. This has been updated to better articulate and reflect the approaches currently being undertaken and planned for the term by council.

ORIGINAL DRAFT BEING:

OUTCOME	ACTIVITY	ACTION	MEASURES AND TARGETS
1.3.2- Renewable options have reduced operational costs and Council’s environmental footprint	1.3.2.1 – Development of renewable energy products and services is supported	1.3.2.1a - Implement the adopted actions from Council’s Renewable Energy Action Plan (REAP).	· Progress reported to Council annually.
		1.3.2.1b - Finalise and implement the adopted actions from Council’s Emissions Reduction Plan (ERP).	· Progress reported to Council annually.
		1.3.2.1c - Work with other stakeholders to lead actions and initiatives in climate change for Cabonne and the region.	· 75% attendance at meetings. · Evidence of participation in initiatives.

REVISED OUTCOME BEING:

OUTCOME	ACTIVITY	ACTION	MEASURES AND TARGETS
1.3.2- Council proactively meets the challenges and addresses the risks posed by a changing climate.	1.3.2.1 – Develop relevant plans for Council to mitigate, adapt and innovate to ensure resilience to the impacts of climate change on the Cabonne LGA.	1.3.2.1a - Implement the adopted and prioritised actions from Council’s Renewable Energy Action Plan (REAP).	· Progress reported to Council annually.
		1.3.2.1b - Finalise and implement the adopted and prioritised actions from Council’s Emissions Reduction Plan (ERP).	· Progress reported to Council annually.
		1.3.2.1c - Develop and implement the adopted and prioritised actions from Council’s Climate Change Adaptation Plan.	· Work with stakeholders to complete a phased approach, including with StateCover and StateWide (Council's insurance body) by June 2023.
		1.3.2.1d - Work with other stakeholders to lead actions and initiatives in climate change for Cabonne and the region.	· 75% attendance at meetings. · Evidence of participation in initiatives.

Other IPR Documentation

· Asset Management Planning (resourcing strategy documents)

Council requires accurate data and robust planning processes to ensure that assets are managed and accounted for in an efficient and sustainable way on behalf of local communities and with a service delivery focus. The key objective of asset management planning is to provide the required level of service for the community in accordance with the CSP and in the most cost-effective manner. Levels of service are key business drivers for asset planning, along with technical requirements that ensure asset sustainability. Assets may include roads, water and sewerage systems, drains, bridges, footpaths, buildings, recreational facilities, parks and gardens.

o Asset Management Policy – draft reviewed policy presented under separate report to Council, will be placed on public exhibition for 28 days and a further report will be presented to the June Council meeting.

o Strategic Asset Management Plan –. document annexed for adoption. The last revision of the Strategic Asset Management Plan was drafted June 2021, and adopted by Council in July 2021. It is considered to still be current and not requiring update.

Workforce Management Strategy (resourcing strategy document) is a proactive 4-year document that shapes the capacity and capability of the workforce to achieve council’s strategic goals and objectives. The

document is annexed for endorsement as per the OLG IPR Guidelines as this is an operational document.

· Information Technology Strategy (other Council strategy document)

Alongside council assets, people and money, ICT is another resource to be planned for and managed in a way that supports the strategic objectives of the Community Strategic Plan as well as the day to day operations of the council. An ICT Strategy is a comprehensive plan that outlines how technology will be used to meet council’s information technology and business goals. It details the multiple factors that affect the council’s investment in and use of information and technology. The

document is annexed for endorsement as per the OLG IPR Guidelines as this is an operational document.

ITEM 12 - AUDIT, RISK AND IMPROVEMENT COMMITTEE - APPOINTMENT OF INDEPENDENT MEMBERS

REPORT IN BRIEF

Reason For Report	For Council to appoint independent members to the Audit, Risk and Improvement Committee and adopt the draft Terms of Reference
Policy Implications	Committee Terms of Reference to be adopted
Budget Implications	Included in the 2022/23 Budget
IPR Linkage	4.5.5.c - Continue to manage and monitor internal audit requirements
Annexures	1. DRAFT Audit Risk and Improvement Committee - Terms of Reference ⇩ 2. Draft-Guidelines-for-Risk-Management-and-Internal-Audit-Framework-for-Local-Councils-in-NSW ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUDIT\AUDIT RISK IMPROVEMENT COMMITTEE (ARIC) - 1389108

Recommendation

THAT Council:

1. Appoint Ms Donna Rygate as Independent Chair of the Audit, Risk and Improvement Committee (ARIC) for a term of up to four (4) years;

2. Appoint Ms Kylie McRae as Independent Member of the ARIC for a term of up to four (4) years;

3. Appoint Ms Deborah Goodyer as Independent Member of the ARIC for a term of up to four (4) years;

4. Appoint the Mayor, and one alternate councillor, as a Voting Member of the ARIC for the remaining term of council;

5. Note the draft Terms of Reference for the ARIC;

6. Note a further report will be presented to council to adopt the draft Terms of Reference for the ARIC, following review by the newly appointed committee.

Department Leader - Governance & Corporate Performance's REPORT

Background

Membership of council’s previous Audit, Risk and Improvement Committee (ARIC) expired with the previous term of council. At that time council withdrew from the arrangement of sharing the ARIC function with Blayney Shire Council and Central Tablelands Water and advised both organisations that Cabonne Council will proceed to establish and operate its ARIC committee independently.

In late 2021 the Office of Local Government (OLG) issued draft Guidelines for Risk Management and Internal Audit Framework for Local Councils (the draft Guidelines, see attached. The draft Guidelines will be governed by regulation and will prescribe the minimum standards for each council’s audit, risk and improvement committee, risk management framework and internal audit function. Councils will be required to comply with them when establishing and operating their ARIC’s by 2027.

Under the draft guidelines Cabonne Council is categorised as a Tier 1 council and as such its ARIC is required to have a minimum of three (3) independent voting members, comprising of one (1) Chair and two (2) independent persons.

Whilst Cabonne is establishing its ARIC committee with reference to the new guidelines, it should be noted it is not proposed to follow all recommendations outlined, in particular council will continue to have an elected representative nominated on the committee being the Mayor or alternate. Council will review the structure in light of any future regulatory changes by the OLG.

The ARIC Recruitment Process

Council advertised for Expressions of Interest (EOI) from members of the community interested in serving as independent members of the ARIC.

Thirteen (13) EOIs were received. Given the number and high quality of applications received, McArthur were engaged to assist with the recruitment process.

Council’s ARIC selection panel recommended the following candidates for the committee, their CVs will tabled for Councillors to review on meeting day.

Ms Donna Rygate

Recommended for appointment as Chair

Ms Deborah Goodyer

Recommended for appointment as independent member

Ms Kylie McRae

Recommended for appointment as independent member

ARIC Remuneration

In aligning with the draft guidelines, council has set remuneration for the ARIC members be as follows:

· $1,250 (ex gst) per meeting for an independent member; and

· $7,500 (ex gst) per annum for the Chair (minimum 4 meetings annually), and $1,875 for each additional meeting day (above 4 meeting days per annum).

Fees are inclusive of travel, preparation and all other costs associated with attending meetings.

The costs associated with modification of the composition of ARIC membership have been included in council’s budget for 2022/23.

Terms of Reference - ARIC

The draft Terms of Reference for the ARIC has been developed to closely align with the draft Guidelines (copy annexed for the information of councillors).

It is recommended that the newly appointed committee have the opportunity to review and provide comment on the terms of reference prior to council adopting them.

Following the first meeting of the new committee (date to be determined by the Chair and General Manager) a further report will be presented to council for adoption of the terms of reference for the ARIC.

ITEM 13 - QUARTERLY BUDGET REVIEW

REPORT IN BRIEF

Reason For Report	To advise Council of the present position of the 2021/2022 Budget as at the March Quarter and to submit changes to the budget for approval and inclusion.
Policy Implications	Nil
Budget Implications	Yes - $147,614 Cash budget increase from the December 21/22 Quarter
IPR Linkage	4.5.5.h - Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements
Annexures	1. Quarterly Budget Review - March 2022 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\QUARTERLY FINANCIAL STATEMENTS - QBR - 1384985

Recommendation

THAT Council note the variances in the report and authorise those changes to be included in the 2021/2022 Council Budget.

Department Leader - Finance's REPORT

The purpose of the Quarterly Budget Review is to adjust the budget in response to changes in the financial landscape and decisions made since the setting of the original budget. The report is presented to provide fair and reasonable information to Councilors, regarding the current state of the 2021/2022 budget, considering all known factors up to 31 March 2022.

Consolidated Results

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

Consolidated Results

	Original Budget	Revised Budget
Operating result	$3,110,779 surplus	$11,781,396 surplus
Cash result	$94,324 surplus	$1,439,445 surplus
Capital Expenditure	$24,809,074	$32,415,045
Reserve balances	$44,102,489 opening	$37,135,086

Fund Results

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

	Original Budget	Revised Budget
Operating Result
General Fund	$4,808,406 surplus	$9,869,428 surplus
Sewer Fund	($784,342) deficit	($484,342) deficit
Water Fund	($913,285) deficit	$575,655 surplus

Income

The March quarter budget variations increased income by $5,181,418.

Income increases for the quarter are a result of recognising the additional State Road Ordered Works along with the additional grant funding received for Australia Day and the Summer Night Festival Grant.

Income totaling $30,000, is also listed which will be directly offset by the capital works expenditure on the Molong SES Building.

The full list is detailed in the attachment.

Operating Expenditure

The March quarter budget variations increase operating expenditure by $3,875,564.

The majority of this expenditure relates to the changes made to the State Roads Ordered Works to bring the budget into line with actual expenditure.

Other small variations are listed in the attachment.

Capital Expenditure

The December quarter budget variations decreased capital expenditure by $5,069.

Capital budget for the Kiewa Street shelter has been suggested to be transferred to reserve, as a review of the existing park has found that the additional another shelter would be surplus to the needs of the park. The value of this transfer is $23,000 and is not considered significant.

Reserve Movements

The March budget variations has had an impact on council’s cash reserves with an increase to reserves of $1,083,178 from the December Quarter. A full detailed list of council reserves are in the attachment.

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

ITEM 14 - DONATION REQUEST CANOWINDRA GUN CLUB

REPORT IN BRIEF

Reason For Report	For Council to consider the request received for a donation
Policy Implications	To be funded from existing s.356 budget allocation
Budget Implications	$170 from the s.356 budget allocation
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. Canowindra Gun Club - Request for Donation for Defibrillator ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2022 - 1386263

Recommendation

THAT Council donate $170 to Canowindra Gun Club toward their purchase of a defibrillator.

Department Leader - Community Services' REPORT

The Canowindra Gun Club have written to council seeking a donation toward the purchase of a defibrillator.

The committee advised they had missed the timeframe in applying for the Community Assistance Grants. They are a not for profit organisation, relying on membership fees for their club’s sustainability.

Should council wish to make a donation there will remain $6 in the s.356 budget for this financial year. Therefore, the Mayor’s facilitation fund will be utilised for any further donation requests for this financial year.

ITEM 15 - VILLAGE ENHANCEMENT FUND 2021-2022

REPORT IN BRIEF

Reason For Report	To consider projects for funding under Council's 2021-2022 Village Enhancement Fund
Policy Implications	Nil
Budget Implications	Possible $1465.00 expenditure from $84,000 allocation in Council's Budget for the 2021-22 Village Enhancement Fund.
IPR Linkage	4.5.2.c - Engage with community to determine future needs & objectives
Annexures	1. MAG- COO-EE GATES - LETTER.docx ⇩ 2. MAG- COO-EE GATES- QUOTE.pdf ⇩ 3. MAG- COO-EE GATES- DESIGN.pdf ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\VILLAGE ENHANCEMENT FUND - 1389502

Recommendation

THAT Council approve Molong Advancement Group accessing $1,465 for the purpose of purchasing and installing - 4mm 3D steel sign on the outside of the fence beside the Coo-ee gates at the Recreation Ground from their allocated funding in the Village Enhancement Fund.

Leader - Community and Economy REPORT

Council allocated $84,000 in its current budget for the 2021-22 Village Enhancement Fund the purpose of which is to provide annual funding to council’s peak community organisations.

To promote a sense of community support and ownership, peak community organisations will have an annual budget allocation which will allow them to develop village community plans and project priorities. Funds will be available by application to council in line with a policy and guidelines, with the funds used on council assets and or public good supported by the local communities concerned.

Molong Advancement Group

The Molong Advancement Group, for and on behalf of the Molong RSL Sub-Branch, has written to council requesting funding to purchase and install a 4mm thick 3D steel sign (2200x900) to be placed on the outside of the fence beside the Coo-ee gates at the Recreation Ground.

The sign will provide a way-finding point to locals and tourists, regarding the history and significance of the gates.

Molong Advancement Group would be required to provide council with an acquittal following expenditure of the funds.

The list of recommended applications for the Village Enhancement Fund is as follows:

	Location	Applicant	Project	Funding Requested	Total project cost
1	Molong	Molong Advancement Group	Sign for Coo—ee gates	$1,465.00	$1,465

To date, the following expenditure from the Village Enhancement Fund is as follows:

Location	Funding Available	Funding Requested	Funding Allocated to date	Funding Remaining
Molong	$21,000	$1465	$5,000	$14,535
Canowindra	$21,000		$21,000 (Note: not paid due to postponement of event)	$21,000
Eugowra	$8,400			$8,400
Cargo	$5,040			$5,040
Cudal	$5,040			$5,040
Cumnock	$5,040		$5,040	$0
Yeoval	$5,040			$5,040
Manildra	$8,400			$8,400
Mullion Creek	$5,040			$5,040
Total	$84,000	$1,465	$10,040	$72,495

Molong Advancement Group has previously received funding of $5,000 for the Molong Swimming Pool wall artwork.

ITEM 16 - BANK STREET MOLONG MASTERPLAN - PETITION RECEIVED BY COUNCIL

REPORT IN BRIEF

Reason For Report	To advised council of a petition received by Council.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.2.c - Engage with community to determine future needs & objectives
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\PROJECTS\MOLONG TOWN CENTRE URBAN DESIGN - 1387753

Recommendation

THAT Council receive the petition objecting to the planting of trees in Bank Street, Molong, and seek a report to be tabled at a future meeting on the matter.

Deputy General Manager - Cabonne Infrastructure's REPORT

A petition has been received by Molong residents objecting to the planting of trees in Bank Street, Molong. As per council’s Petition Policy, when a petition is received it is reported to the next council meeting.

The petition contains 197 signatures and 6 supporting letters objecting to the planting of trees in Bank Street, Molong, which is a component of the Molong Town Centre Plan.

Council’s Petition Policy outlines the minimum requirements that are required of a petition for it to be tabled to council. The policy requires that petitions must contain the following detail:

Detail Required	Petition Complies
Heading on each page indicating the subject matter, and brief statement on subsequent pages regarding the petition subject matter	Yes
A provision for the acceptance of publication details	No – This has not been included, and there is no indication that signatories are aware their information will be published
A defined point of contact	Yes – Chief petition has been declared
Name, address and signature of those people who support the petition	No – Name and signature have been provided, however address has been limited to town.

Given that the petition does not disclose to signatories that their information will be shared, the petition itself will be provided to Council under separate cover.

Consultation Process

The draft Molong Town Centre Issues Paper was presented to council at a workshop and Council meeting in February 2020 and subsequently placed on public exhibition. Feedback from the exhibition of the issues paper was used to inform subsequent stages and to brief an urban designer to assist with design workshops and the development of the Molong Town Centre Plan.

Submissions to the issues paper were reported to council and uploaded to council’s website in April 2020.

Following the completion of the strategic discussion paper and public exhibition the process of developing concept designs was carried out. Council and consultant teams conducted a series of community consultation events in Molong on 24 - 25 August 2020. Drop in conversations were held over the two days in the kiosk on the main street and a community workshop was held at the Molong RSL Club. Both council and consultants also received follow up emails and phone calls to make comment about the town centre.

A further round of consultation was carried out in Molong on 28 October 2020 at the kiosk on the main street and at the RSL when the Main Street Concept Designs were developed and put on public exhibition.

The project has also been subject of numerous reports by local media and social media posts when the grant funding was announced, updates to Molong Advancement Group and as part of recent community consultation in relation to the development of the Community Strategic Plan where it was outlined that further detailed design process will be undertaken which will provide further information for the community and stakeholders.

A council workshop detailing the design approach has been arranged for June 2022. This will include elements raised in the petition itself. Further, Council staff will be arranging a trip to Inverell to inspect their main street upgrade, which is of a similar style to that which is being proposed for Bank Street. Councillors will be invited to attend. There will be an opportunity to provide further information to the community after this.

A detailed response to the concerns raised in the petition will be brought to council at its June 2022 Ordinary Meeting.

ITEM 17 - 2022 LOCAL ROADS CONGRESS

REPORT IN BRIEF

Reason For Report	For council to authorise a delegate to attend the 2022 Local Roads Congress
Policy Implications	Nil
Budget Implications	Conference registration is $960, to be funded from the Conferences and Developments for Councillors budget.
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCILLORS - 2021-2023\PROFESSIONAL DEVELOPMENT - 1387539

Recommendation

THAT Council authorise the Mayor or his delegate to attend the 2022 Local Roads Congress.

Deputy General Manager - Cabonne Infrastructure's REPORT

The Local Roads Conference is offered by the Roads and Transport Directorate, a joint initiative between IPWEA NSW and Local Government NSW to optimise roads and transport outcomes. The Directorate acts as a focus for research activities, provides technical advice to assist member councils and makes submissions on behalf of its members.

The first NSW Local Roads Congress was held in December 2005 and has been held annually since then. The purpose of the Congress is aimed at Mayors / Councillors / Directors of Engineering and is intended to address policy issues rather than technical issues.

The theme of the Congress this year will be Putting Policies into Practice. The four key topics this year are:

1. The capacity for regional councils to deliver an effective and safe local road network is based on grant funding and skilled workforce with modern equipment. Changes to road reclassification in NSW will directly impact the council’s ability to deliver the local road network in these difficult times.

2. What evidence from the transport industry tells us that fixing roads reduces the cost of goods to the freight industry and can impact businesses in many small communities across NSW?

3. The Fixing Country Bridges Program has been a great initiative but are we there yet with having sustainable and resilient local bridges?

4. What are the challenges and solutions to addressing the skills shortage in local government, especially in rural areas where jobs are held vacant? Are the right policies being created to close the gap?

The conference will take place Monday, 6 June, at NSW Parliament House, Sydney. Registration is $960 which includes:

· attending the Congress at Parliament House for two (an executive and an elected member).

Deputy General Manager Cabonne Infrastructure will be attending.

ITEM 18 - DRAFT STRATEGIC POLICY - ASSET MANAGEMENT POLICY

REPORT IN BRIEF

Reason For Report	Seek Council endorsement of the Asset Management Policy to public exhibition.
Policy Implications	Reaffirms Cabonne Council's commitment to provide responsible and sustainable asset management principles
Budget Implications	Nil
IPR Linkage	4.5.4.g - Implement and maintain a comprehensive Asset Management System
Annexures	1. 20220512-Draft Asset Management Policy ⇩
File Number	\My Workspace\INFRASTRUCTURE\ADMIN\STAFF FOLDERS\Matt C - 1389368

Recommendation

THAT Council:

1. Endorse the draft Asset Management Policy and;

2. Place the draft Asset Management policy on public exhibition for 28 days, with a further report to council following conclusion of the exhibition phase.

Deputy General Manager - Cabonne Infrastructure's REPORT

Cabonne Council is responsible for over $800M in community assets including water supply, sewerage, transport, buildings, open space facilities, stormwater drainage, plant and equipment and information technology assets.

The Asset Management Policy provides the principles around which council will undertake its custodianship of this infrastructure and supporting assets, and at a high level, how this management will integrate with other strategic planning documents.

Council adopted a Strategic Asset Management Plan (SAMP) in August of 2021, which is still current. This SAMP forms a part of Council’s Resourcing Strategy.

Changes between the proposed policy, and the previously adopted policy, provide a more streamlined explanation of council’s intention of the key directions council will be implementing to ensure best possible value from the assets it manages.

The proposed policy focuses around the principles of ISO 55001:2014 (international standards for asset management systems). Through the policy, council acknowledges that it needs to understand the expectations of the community, collate these expectations into an organizational context (integration into strategic documentation), ensure a system is implemented which records the data (asset management system), and has steps in place to continually monitor and improve (strategic asset management plan).

The policy outlines that Council will develop and adopt asset management plans for each of the asset classes that it manages. These asset management plans have been developed within the organisation’s Department Plans, which are internal documents. It is envisaged that the relevant sections of the Department Plans will be converted into standalone asset management plans over the coming months, and presented to Council for adoption.

ITEM 19 - DA 2022/0044 - PROPOSED CELLAR DOOR - LOT 101 DP 870687 - 91 BOREE LANE, LIDSTER

REPORT IN BRIEF

Reason For Report	Obtain council's development consnet for DA 2022/0044
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 - 2022 0044 ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2022\03-2022-0044 - 1389369

Recommendation

THAT Development Application 2022/0044 for a Cellar Door premises being 101 DP 870687 and known as 91 Boree Lane, Lidster, be granted consent subject to the conditions attached.

Deputy General Manager - Cabonne Services REPORT

ADVISORY NOTES

Record of voting

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

Political Disclosures

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

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

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

Council's consent is sought for a cellar door premises at Lot 101 DP 870687, known as 91 Boree Lane, Lidster.

The assessment is referred to council as there is an objection to the development proposal. It is recommended that the application be approved, subject to the attached conditions of consent.

Applicant: Carillion Holdings

Owner: Carillion Holdings Pty Ltd

Proposal: Cellar door

Location: Lot 101 DP 870687, 91 Boree Lane, Lidster.

Zone: RU1 Primary Production

PROPOSED DEVELOPMENT

Council's consent is sought for construction of a cellar door building as an ancillary activity to an established vineyard. The cellar door will have internal and external seating with an approximate area of 418m². The proposed development also includes the following;

• Carpark for 29 spaces including one disabled car parking space,

• Allocated area for bus parking and deliveries

Currently the subject land is rural land.

The proposed cellar door operation will include indoor/outdoor tasting areas, tables, chairs and sofas, an indoor fire, storage area, and amenities. The facility will be primarily for wine tasting. No food service will be provided.

The proposed capacity for the cellar door facility is to be twenty (20) patrons. The proposed hours of operation will be Thursday to Monday 10:30am to 6:00pm. The cellar door business will be operated by 1 – 2 staff, with an additional 4-5 staff possible in the future for weekend service.

It is anticipated that weekdays would have 2-10 patrons and that weekend patronage would be between 10-20 patrons each day.

Access to the site is via an existing access point off Boree Lane. There is no change to access from the existing provisions. The site can be connected to electricity, although the proposal includes roof mounted solar panels. An underground water tank (minimum of 15,000litres) is to be installed. An onsite waste management system is proposed as part of the development.

The applicant states that the ‘proposal is sited adjacent an oak tree which is the focus of the layout and general design. The trapezoidal monoplane roof forms radiate from the tree with the main roof facing north to accommodate solar power panels. The two pavilions provide for tasting rooms and wine sales for the products form the vineyard. Visitor parking and delivery bay are provided for, to service the proposal.’

Diagram, engineering drawing

Description automatically generated

SITE

The development site in total is approximately 5.28 hectares located on the western side of Boree Lane. It is adjoining Lot 102, owned by the proponent, and upon which a 25ha vineyards is established.

The area in which the proposal is located is generally rural lifestyle developments and rural lands that have been established for many years.

The proposed development is a permissible use within the RU1 Primary Production zone. An assessment of the application pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979 indicates that there are no aspects of the development that cannot be reasonably managed by appropriate conditions of consent.

The proposal comprises notifiable development pursuant to council’s Community Participation Plan. At the completion of the notification period, one submission had been received.

As outlined throughout the 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 will be within reasonable limits subject to mitigation conditions. Approval of the application is recommended.

Graphical user interface, application, map

Description automatically generated

Site plan

Graphical user interface, map

Description automatically generated Location plan

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 Local Government Area (LGA); as no such areas are known to occur in the LGA. No further comments will be made against the fourth trigger.

Map

Description automatically generated

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.

Notwithstanding, the subject land is identified as containing Blakelys Red Gum - Yellow Box open woodland; Mountain Peppermint Forest at high altitudes which are listed as being a Critically Endangered Ecological Community in New South Wales and as an Endangered Ecological Community under the Environment Protection and Biodiversity Conservation Act 1999; however, the proposed development does not seek to remove any vegetation.

There are no observable habitat links/vegetation corridors to or from the land. The land is surrounded by highly disturbed rural environments with limited habitat potential. Given the characteristics of the site and the minimal level of habitat provided on the land, the proposed development does not involve key threatening processes that could threaten the survival or evolutionary development of a species.

The development is considered to be satisfactory with respect to Section 7.3 of the Biodiversity Conservation Act 2016.

Section 4.15

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

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

Cabonne Local Environmental Plan 2012

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

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

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

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

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

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

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

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

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

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

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

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

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

The application is considered to be 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	RU1 Primary Production
Lot size map	Minimum Lot Size 100 hectares
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	Has biodiversity sensitivity on the subject land - Mountain Gum - Peppermint forest at high altitudes, and Blakleys Red Gum – Yellow Box open woodland
Flood planning map	Not within a flood zone
Natural resource – karst map	Not within a karst area
Drinking water catchment map	Within a drinking water catchment area
Riparian land and watercourse map, groundwater vulnerability map	Not affected by groundwater vulnerability or riparian land

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 is 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 RU1 Primary Production zone. The proposed development is defined as cellar door under CLEP 2012 and is permitted with consent for this zone.

cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.

Comment: An established vineyard is located adjacent to the subject land and is held in the same ownership. A condition of development consent will require consolidation of the allotments, or registration of a restriction as to user requiring both Lot 101 and Lot 102 to be held in the one ownership.

Clause 2.3 of the Cabonne LEP 2012 references the Land Use Table and Objectives for each zone in LEP 2012. These objectives for land zoned RU1 Primary Production are as follows:

Objectives of the RU1 Primary Production Zone

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

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

· To minimise the fragmentation and alienation of resource lands.

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

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

Comment: The proposed development is consistent with each of the objectives of the RU1 Zone.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

The Part 4 Principal Development Standards are not relevant to the application.

Part 5 - Miscellaneous Provisions

This clause contains various development standards that apply to specific types of development. The Part 5 Miscellaneous Development Standards are not relevant to the application.

Part 6 - Additional Local Provisions

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.

Chart, histogram

Description automatically generated

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 Mountain Gum-Peppermint Forest at high altitudes, and also Blakely’s Red Gum – Yellow Box open woodland which are listed as being a Critically Endangered Ecological Community in New South Wales and as an Endangered Ecological Community under the Environment Protection and Biodiversity Conservation Act 1999; however, the proposed development does not seek to remove any vegetation.

Additionally, the proposed vehicular access to the development is clear of the sensitive areas.

The proposal has been designed to site the buildings and their access in a manner that seeks to avoid adverse consequences. Management of the proposal can be conditioned to further protect the environmental functions and values of the land.

The proposal is unlikely to fragment, diminish or disturb the biodiversity structure, ecological functions or composition of the land and does not reduce habitat connectivity with adjoining sensitive areas.

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 (Resilience and hazards) 2021

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

State Environmental Planning Policy (Biodiversity and conservation) 2021

State Environmental Planning Policy (Koala Habitat Protection) 2019

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

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

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

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

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

· The subject land 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.

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

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

From 31 January to 13 April 2018 the Department of Planning and Environment 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 the development.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

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

Development Control Plan No 5 – General Rural Zones

Development Control Plan No. 5 General Rural Zones applies to the proposed development as the site is located in a rural land use zone. The DCP provisions primarily relate to subdivisions and construction of new dwellings.

This proposal aims to construct a cellar door premises, being ancillary to an adjacent established commercial vineyard.

The proposal is not contrary to any of the general provisions of the DCP relating to access, utilities, natural hazards, waste disposal, privacy, setbacks and visual amenity.

Access and Traffic

The traffic generated because of this development is likely to be minimal and can be adequately accommodated by the existing local road network. The development will maintain the existing site access arrangements to and from the site without the need for any augmentation.

The on-site car park area provided an all-weather car park surface for 29 parking spaces, noting however the maximum patronage per day is proposed to be 20 people. Based on a floor area of 418m² the RTA Guide to traffic generating development requires 63 parking spaces. However, based on a maximum patronage daily of 20 persons, seven (7) parking spaces plus staff parking would be considered the minimum provision for off street parking.

The proposed 29 space car park is to be constructed in accordance with AS2890.1 – 2004 Off street parking.

It is noted that the application alludes to future development expansion that would be subject to lodgment of further development applications.

Setbacks

The cellar door is to be located approximately 25 metres from the western boundary and approximately 50 metres from the southern boundary.

Septic Tank

The proposal references that an effluent management study was to be submitted in support of the application. Such information has not been submitted. The development consent will be issued as a deferred commencement, pending submission of the effluent study which demonstrates that the subject site is capable of accommodating an onsite waste disposal system.

Water Supply

An underground water tank is to be installed, having a minimum capacity of 15,000 litre.

Visual Amenity

The overall visual impacts of the development are localised and will not adversely compromise the views to and from the site and will not result in privacy or overshadowing concerns on adjoining land. Additional landscaping surrounding the development is proposed to further enhance the visual amenity of the setting.

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 alteration of an existing building.

BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development.

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

Context and Setting

The subject land is located in the RU1 Primary Production zone. The subject land consists of an existing vineyard and outbuilding. The surrounding development pattern comprises predominantly of agricultural undertakings with dwelling houses, farm buildings and other ancillary improvements.

Taking into consideration prevailing development pattern in the locality and desired character for the locality, it is considered that the proposed development is largely consistent with that of the locality.

Access and Traffic

The proposal will provide for twenty-nine (29) parking spaces which includes a disabled parking space. The proposed parking design and layout will be required to comply with AS2890.1 – 2004. All loading and unloading activities will be undertaken on site. The site may be accessed by minibus traffic on occasion.

The Cellar Door will be operated by 1 – 2 staff. An additional 4- 5 staff may also be employed once the business has established. Maximum numbers associated with the cellar door operation is 20 patrons. It is anticipated that traffic movements are sporadic throughout the weekday operations of Thursday and Friday, with greater frequency of visitation to the premises on weekends.

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.

The development will maintain the existing site access arrangements over an existing ROW, to and from the site, without the need for any upgrades. No upgrades would be required to support the development.

Conditions have been imposed that require the driveway to be maintained to an all-weather standard to ensure that it is passable by two-wheel drive vehicles.

In this regard, the traffic and access impacts of the development are within reasonable limits.

Visual Impacts

The siting of the development will not unreasonably compromise the availability and enjoyment of any views or vistas to and from the subject land.

The development does not involve any external alterations or additions that would compromise the rural amenity between the development site and adjoining properties.

Right to Farm/Land Use Conflicts

The NSW Government has developed a comprehensive, State-wide approach to deal with the issue of 'right to farm'. The concept of 'right to farm' has multiple facets but the common interpretation relates to a desire by farmers to undertake lawful agricultural practices without conflict or interference arising from complaints from neighbours and other land users.

It is considered that the right to farm and land use conflicts between the subject land and adjoining land uses are minimised as:

· The site is reasonably setback from the adjoining land use.

· The use of the land does not diminish the ability of the adjoining land to continue as an agricultural property.

· Considering that the site is an established rural land, as are the adjoining allotments, it is unlikely to compromise the adjoining landowners right to farm.

Crime Prevention Through Environmental Design (CPTED)

Crime Prevention Through Environmental Design (CPTED) is a crime prevention strategy that focuses on planning, design and structure of cities and neighbourhoods. It reduces opportunities for crime by using design and place management principles. CPTED employs four key strategies and is typically achieved by delineating public and private areas, providing physical barriers (territoriality) and surveillance opportunities (both natural surveillance and closed-circuit television recordings).

The application was referred to the Central West Police District, Crime Prevention Officer, who advised that the proposal was considered low risk and that with no formal submission would be made to the DA. It was encouraged that consideration be given to the provision of adequate lighting of public areas and clear signage marking staff only / private areas of the development.

The proposed development does not pose a safety, security, or crime prevention risk.

Cumulative Impacts

It is considered that the development has the potential to have a cumulative impact on:

· Visual impacts.

· The local road network with respect to traffic flow, onsite parking, and movements; and

· Amenity.

The proposed development is considered 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 RU1 Primary Production 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 one submission was received. The submission is summarised below.

Submission

Issues

Comments

S & J Connell

Requests a sealed and widened access driveway as the existing driveway is of insufficient width for two vehicles to pass.

RMS approval required for access to Boree Lane

Access to Lot 103 is not to be impinged at any time.

Boree Lane is a Wildlife Corridor and road maintenance would need to be increased due to heavier traffic.

No mention of an existing easement for water supply from the subject land to the submission maker’s property. We will not permit the lifting of this easement

Potential for sewer/septic drainage into the nearby creek. Potential for water contamination of dams and the creek.

Require a heavy duty industrial / agricultural raised and drained ramp be installed at the submission makers property entrance to deter potential of pedestrians wandering from the subject land onto the neighbouring property.

Object to any lighting directed to the adjoining property.

Object to noise levels from functions that may extend beyond midnight

Condition of consent requiring maintenance of the all-weather access road within the 10m ROW easement.

Proposal does not trigger integrated development

Noted

Boree Lane can accommodate the additional minor traffic levels

The submitted plans show an easement favouring Lot 103.

Effluent report required as a condition of development consent.

Condition requiring signage be installed to delineate between the subject land and the adjacent private property.

Cellar door operation ceases at 6pm.

Approval is for a cellar door activity only with trading to cease at 6pm.

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.

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 5. 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.

ITEM 20 - DA 2022/0161 ANIMAL BREEDING AND BOARDING ESTABLISHMENT (GREYHOUND FACILITY), LOT 9 DP 846719, 1722 PACKHAM DRIVE, MOLONG.

REPORT IN BRIEF

Reason For Report	To obtain council's development consent to DA 2022/0161
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 - 2022 0161 ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2022\03-2022-0161 - 1389367

Recommendation

THAT Development Application 2022/0161 for and animal breeding and boarding establishment (greyhound facility) upon Lot 9 DP 846719 known as 1722 Packham Drive, Manildra, be granted consent subject to the conditions attached.

Deputy General Manager - Cabonne Services REPORT

ADVISORY NOTES

Record of voting

Political Disclosures

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

In accordance with s10(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.

SUMMARY

The following report provides an assessment of the development application submitted for an Animal Boarding and Training Establishment (Greyhounds) on Lot 9 DP 84719, 1722 Packham Drive, Manildra.

The application has been referred to the council for determination as six (6) submissions have been received raising concerns about the proposal and its operation.

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

Applicant: JD Harmer

Owner: JD Harmer and T Barnes

Proposal: Animal Boarding & Training Establishment (Greyhounds)

Location: Lot 9 DP 784719, 1722 Packham Drive, Manildra

Zone: RU1 Primary Production

Site Map

Graphical user interface, application, website, map

Description automatically generated

Graphical user interface

Description automatically generated

The subject site is regular is shape; has an area of 10.97 hectares and is zoned RU1 Primary Production. The site fronts Packham Drive, Manildra and is situated approximately 3.9km north east of Manildra. The locality consists of rural holdings and associated dwellings. The nearest residential receptor is estimated at approximately 295m to the north (from the animal runs at the front of the property). To the south and south west the nearest dwellings are located 1.2km from the subject land.

The subject land currently contains an existing dwelling, farm sheds, water tanks and fenced paddocks.

THE PROPOSAL

The proposal seeks consent for the establishment of a greyhound breeding, rearing complex to accommodate up to 30 greyhound pups in four purpose built kennels with adjoining exercise yards, upon a 10.97 hectare rural holding. The facility will be operated by the owners of the subject land who reside onsite.

The proposed activities for the site include the following:-

· Rearing of greyhounds – from birth to 13 months (caring, feeding, maintaining health, interacting and lead training)

· Pre-training – this involves teaching the dogs to be kenneled, lead (walked), exercised

· General maintenance of property

· Feeding – food preparation and feeding of the dogs

· Cleaning – cleaning of all kennels and runs

Scale of activity

· A maximum number of greyhounds on site at any one time would be 30

· Length of stay for rearing can be from birth to 13 months where they then relocate to an off-site training facility.

Structures & purpose

· Animal shelters and runs

The animal shelters are 4000mm (w) x 2100mm (l) x 1500m (h); have a cement slab, constructed of face brick and clad in colorbond with an overhang awning of 1600mm. There are four runs located off the kennels animal shelters. The runs are approximately 90m in length and 11m wide.

· Fencing surrounding the kennels and exercise yards is at 1.8m in height to keep the greyhounds contained and to assist in keeping other animals away from the facility that may disturb the dogs. Fence construction will be chain mesh.

· An existing farm shed is to be used for storage of animal food and preparation of food.

· A 110,000 litre rainwater tank is to be installed adjacent the facility to capture roof rainwater runoff for use in maintaining the exercise runs as grassed areas, as well as maintaining associated site landscaping.

Site Layout

( Diagram, engineering drawing

Description automatically generated

The facility will operate 24 hours a day, with core activity between 8am and 6pm daily. The site is not open to the public for animal boarding or kenneling. Vehicular access to the property is via an existing driveway off Packham Drive.

The site is not connected to either reticulated water or sewer; however, on site electricity is available. Water is available through the provision of existing on-site water tanks. Additional water supply is to be available through rainwater diverted from the kennel facility roof to a water tank.

The proponent has submitted a land use conflict risk assessment to identify areas of potential risk and proposed management and mitigation strategies to ensure the development is able to proceed in a managed format with minimal risk (environment, social and economic). An independent acoustic report has been submitted as part of the application.

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

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.

Graphical user interface, map

Description automatically generated

Trigger 2

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

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

The development does not propose clearing above the threshold for the subject site.

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

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

Section 4.15

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

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

Cabonne Local Environmental Plan 2012

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under subclause 2.

(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 Cabonne Local Environmental Plan 2012.

Clause 1.7 - Mapping

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

Land zoning map	Land zoned RU1 Primary Production
Lot size map	Minimum lot size 100ha
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	Has biodiversity sensitivity on the subject land
Flood planning map	Not within a flood zone
Natural resource – karst map	Not within a karst area
Drinking water catchment map	Not within a drinking water catchment area
Riparian land and watercourse map,	Is affected by riparian land, watercourse
Groundwater vulnerability map	Groundwater vulnerable
Land reservation acquisition map	Not Applicable

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 is 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

Cabonne Local Environmental Plan 2012

The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012. An animal boarding or training establishment is permissible within this zone, subject to council’s development consent.

The standard instrument definition states that an “animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital”.

The proposal is consistent with the standard instrument definition.

Clause 2.3 of LEP 2012 references the Land Use Table and Objectives for each zone in LEP 2012. These objectives for land zoned RU1 are as follows:

Objectives of the RU1 Primary Production zone

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

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

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

· To minimise the fragmentation and alienation of resource lands.

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

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

The proposal is consistent with the first four objectives. The fifth objective does not apply to this development proposal.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Principal Development Standards do not apply to this development proposal.

Part 5 - Miscellaneous Provisions

Miscellaneous provisions do not apply to this development proposal.

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.

Stormwater off the animal shelters is to be captured in rainwater tanks for ongoing use on the site. Each exercise yard will have a retention basin and silt fencing as a further environmental safeguard to ensure run off of stormwater does not exceed the rate of current flow across the site. The retention basin and associated silt fencing will intercept any waste material from transporting across the subject land towards Mandagery Creek situated 200 m to the west of the facility.

The proposal has been designed to include permeable surfaces and includes onsite retention of stormwater through the use of rainwater tanks and retention basins. It is therefore considered that 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 proposed development of the site is located clear of the riparian vegetation area.

Map

Description automatically generated

The proposal has been designed to site the structures in a manner that seeks to avoid adverse consequences. Management of the proposal can be conditioned to further protect the environmental functions and values 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 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.

Graphical user interface, application

Description automatically generated

Graphical user interface, application, website, map

Description automatically generated

The disposal of any liquid waste from the kennels will be via on site waste management (effluent disposal). A condition of consent outlines this requirement. Solid waste will be collected daily and disposed into storage skip bins that will be cleared regularly.

Retention basins and silt fences are to be installed with each kennel and exercise yard, with these structures to be maintained to ensure waste material does not leave the kennel site and migrate across the subject farmland towards the waterway situated to the west of the facility.

No additional measures are required to avoid, minimise, or mitigate impacts of the animal boarding and training establishment.

6.6 - Riparian Land and Watercourses

This clause seeks to preserve both water quality and riparian ecological health. The clause applies to land identified as a “Sensitive Waterway” on the Watercourse Map. The subject land contains such a waterway and therefore Council must consider whether or not the proposal:

(a) is likely to have any adverse impact on the following:

(i) the water quality and flows within a watercourse

(ii) aquatic and riparian species, habitats and ecosystems of the watercourse

(iii) the stability of the bed and banks of the watercourse

(iv) the free passage of fish and other aquatic organisms within or along the watercourse

(v) any future rehabilitation of the watercourse and its riparian areas, and

(b) is likely to increase water extraction from the watercourse.

Additionally, consent may not be granted until 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.

While the subject site does contain a sensitive waterway, the proposal has been designed to site the kennels up to 270m from the waterway. This provides a reasonable separation distance to manage the post development runoff. Additionally, stormwater retention via rainwater tanks and detention basins may further reduces potential risk to the water course. This option has been suggested by the proponent.

Overall, while there will always remain a risk to the waterway under extreme circumstances such as record storms and the like, it is considered that the risk of adverse impact can be appropriately managed to an acceptable level of risk.

The development as proposed, and the mitigation measures intended, are unlikely to have an adverse impact upon the water flows; any aquatic or riparian species; habitats or ecosystems; stability of the bed or banks of the watercourse; or impact upon any future rehabilitation of the watercourse or riparian area.

Graphical user interface, application, website, map

Description automatically generated

Clause 6.8 Essential services

The site is not connected to reticulated sewer or water. There is a dwelling already existing on site, and as such the provision of electricity, telecommunications, on site provision of water, septic and access are all existing or are available within the locality.

REGIONAL ENVIRONMENTAL PLANS

The Central West and Orana Regional Plan applies to the proposal. The proposal is consistent with goals of plan, in particular it contributes to Goal 1 – the most diverse regional economy in NSW through the establishment of new business, and supports Goal 2 - A stronger healthier environment and diverse heritage.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy (Resilience and hazards) 2021

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

State Environmental Planning Policy (Biodiversity and conservation) 2021

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.

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

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 (Exempt and Complying Development Codes) 2008 is applicable in the assessment of the application.

The exempt and complying development code is a state planning instrument that can be used for minor development if the proposed development meets the pre-determined standards under the code.

Whilst individually some aspects of the construction works undertaken on site may have been considered as exempt development, the scale and commercial nature of their use requires development consent.

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

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

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

Development Control Plan

Development Control Plan No 5 – General Rural Zones applies to this development and the proposal is generally consistent with the provisions of the plan.

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)

Siting /location

The proposed facility is not out of context with a rural setting, and the scale of the four kennels and yards along with the proposed building materials is not inconsistent with the surrounding rural landscape. The facility is to set back 20m from the Packham Drive property boundary and is consistent with building setbacks recommended in DCP 5.

Visual amenity

Many of the aspects of the development are rural in nature; mesh fencing and brick and colorbond shelters. Landscaping is proposed along the eastern and northern boundaries to assist in providing visual amenity and site screening of the kennels and exercise yards from the roadway and adjoining properties. The nearest residential receptor (other than the dwelling also located upon the subject land) is approximately 295m from the animal runs. The nearest residential receptors to the south and south west of the subject land are 1.2km distant.

Additional landscaping is proposed along the eastern and northern boundaries of the subject land, with those plantings to be natives and conifers. A condition of consent requires submission of a landscape plan to council for endorsement, prior to the release of a construction Certificate.

Noise

The issue of noise; mainly barking dogs have been identified as a potential source of noise from the development. A noise assessment was provided as a part of the application and considered noise typically generated from the proposed premises, and the potential for impact upon nearest receptors.

The assessment concluded that noise emissions (day and / or night) would not exceed the trigger levels identified in the NSW Environment Protection Authority’s Noise Policy for Industry.

Air quality

Odour may be deemed a potential issue for a boarding / training facility. The proponent proposes regular maintenance and cleaning of the kennels and exercise yards to reduce any risk of odour / air quality reduction. The yards are to be maintained as grassed areas, and the dogs will have access to this area for much of each day.

Waste and Hygiene

Yards and kennels are to be regularly cleaned. Solid waste from the animals is to be collected and disposed into skip bins for disposal at a waste facility.

There will be a requirement to install a septic system to connect the disposal of wastewater from the kennels (including disinfectant / wash down cleaning materials). The size and type of system to be installed will be recommended by an independent geotechnical report. A condition of consent requires submission of an effluent study prior to the release of a Construction Certificate.

Water

The supply of water for the greyhounds is to be via a reticulated water system utilizing an existing water tank having 135,000 litre capacity and currently servicing the dwelling. There is capacity to service both the residence and the greyhound facility. The animal shelters and runs will have water troughs that will be gravity fed from the tanks. An additional water tank of 110,000 litre capacity will be installed to catch runoff from the kennel roof areas. This will be used to maintain the runs as a grassed surface, and also the associated site landscaping.

Landscaping

The applicant has undertaken some landscaping for the development. Continued landscaping will be undertaken along the front boundary (Packham Drive boundary), surrounding the kennels and along the northern boundary of the property. Landscaping will be required to be maintained at all times.

Access and traffic

Access to the site is via an existing access point off Packham Drive. As the business is to be operated by the resident landowners, and the business is not open to the general public, increase in traffic to the site will be minimal.

An internal access road exists on site and has been constructed to a standard that allows all weather two-wheel drive access within the site. A designated parking and turning area will be provided adjacent to the shed.

Land use conflict

A Land Use Conflict Risk Assessment (LUCRA) has been submitted with the application to identify potential sources of land use conflict and mitigation measures. The assessment was prepared in accordance with the NSW DPI Land Use Risk Assessment Guide, published October 2021. The main activities that may result in land use conflict may include;

· Dogs barking at neighbouring property’s stock movements

· Noise from barking dogs reaching offensive levels to neighbouring receptors

· Animal waste entering Mandagery Creek

· Kennel cleaning agents entering Mandagery Creek

· Dogs roaming / escaping from the kennel s and exercise yards

· Land values affected

To address these areas management strategies were identified and form part of the proposal:

· Location of the animal shelters and yards to minimize impact upon neigbouring properties, residences and watercourses

· Should there be an emerging issue at any time with disturbance arising from neighbouring stock movements – shade cloth will be erected along the runs to reduce visual sight lines.

· Acoustic assessment

· Regular site management and maintenance to keep yards, kennels, and fences clean and free of debris or waste material

· Use of organic cleaning products to ensure protection of the environment

· 1.8m facility perimeter fencing including foot netting to ensure animals are kept within the premises.

Impact upon adjoining land

The surrounding properties are rural grazing lands of varying areas. Associated dwellings and a lifestyle allotment form the immediate environment. The potential for noise from the site, as well as environmental impact, has been addressed and it is considered unlikely that the proposed development would have an adverse impact upon amenity, privacy, or the right to farm potential of the adjoining rural land.

Environmental impacts

The subject land and surrounding land are a highly modified landscape, with minimal native vegetation remaining. The development has been sited to be clear of Mandagery Creek and its immediate banks. Management and operational strategies are proposed as part of the development to ensure minimal risk to the environment. This includes environmental impact of the development within the subject land and potential for impact of the drainage / water flow lines through the property towards Mandagery Creek .

Animal welfare

Although not a land use consideration under the NSW Environmental Planning and Assessment Act 1979, the proponent has addressed animal welfare as part of their proposal. The facility will operate under the terms of separate legislation and guidelines, being the NSW Greyhound Welfare Code of Practice (January 2021). Owners, trainers and keepers must also abide by the NSW Prevention of Cruelty to Animals Act 1979, the NSW Prevention of Cruelty to Animals Regulation 2012, the NSW Local Government Act 1993, the NSW Greyhound Racing Act 2017, NSW Greyhound Racing Regulations 2018, and the forthcoming Code of Practice for Welfare of Greyhounds.

The business, once established, will be subject to regulatory inspections by the relevant agencies.

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

Physical Attributes and Hazards

The subject land is not affected by any identified physical hazards.

DEVELOPMENT CONTRIBUTIONS

No contributions apply to the development.

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

The proposed development is not advertised development; however, the proposal was neighbourhood notified for a period of 14 days (with an extension of time granted) with six (6) submissions being received during the exhibition phase.

Issues raised in the submissions are addressed as follows:

Submission

Concerns

Response

I Foster,

East Orange

Family used to own the property Brymedura.

Mandagery Creek floods.

Landuse conflict from animal facility.

Noise and pollution will affect the historic Byrmedura homestead.

The development is environmentally irresponsible

Noted

Addressed in proposal.

Brymedura welling is located 500m north of the subject land

Environmental assessment has been provided and been assessed as adequate

C Sullivan

Subject land has been inundated by localised flooding after heavy rainfall from the gully running through the property.

Barking dogs will create noise.

Runoff from the activity will lead to pollution

Offensive smell and noise likely to impact adjoining residences.

Mandagery Ck flooded in November 2021 and broke its banks putting part of this property under water

Noted

Objector resides 3km NE of subject land

Addressed in proposal and assessment

Addressed in proposal and submission

Noted

W & J Speers,

Kennels to be 260m from the Speers house.

Animals noise and odour concerns.

Mandagery Creek floods

Safety of dogs during a flood event.

Mandagery Ck hosts platypus, nesting and visiting water birds, frogs and fish. Potential for pollution of the creek.

Barking dogs / noise concerns

Comments noted

P & A Speers, Orange

Owner grazes and crops land SW of subject land. Considers the development proposal land use conflict.

Insufficient detail in DA as to site management

No artist impression or site surveys provided.

Barking dogs will disturb livestock

Presence of greyhounds is a threat to lambing ewes and calving cows.

Would affect asset value

Prevailing winds will expose property and buildings to unacceptable noise

Risk to terrestrial wildlife and riparian corridor

Greyhounds are hunting animals and if the dogs were to escape their kennel area, risk exists to livestock and wildlife.

No details provided for effluent disposal

Risk of water pollution from overland water flow.

The low side bank of Mandagery Creek is within the subject land.

Creek flooding removes farm fences in the flow path placing stock in peril.

Serious increase in traffic to the subject land.

Proposal does not include details of training tracks, speed training or coursing training.

Disagrees that the development will have no social or economic impacts.

No disclosure of measures to be implemented to comply with EPA Noise Policy or POEO Act.

Lack of competent consultant’s reports. Submitted reports are not acceptable.

The applicant has no local knowledge or appreciation of the situation.

The proposed 1.8m high chain mesh security fence is not acceptable and will cause more flood debris catchment than the existing netting, barbed and carrier wire stock proof fences.

The applicant does not understand cross country water flow and there is risk of pollution from the broader property area from dog excrement.

No mention of a 1.8m fence along the creek

If there are to be training tracks, where are they to be sited?

Acoustic report reference to traffic noise is ludicrous.

There is no dog noise from the area now, and introduction of such is not accepted.

Odour and noise generated from site will render neighbouring home unliveable.

The facility is in line of site from the front verahdah of the neighbouring house.

Comments noted

Elevations and site plan provided

Comments noted

Not a planning consideration

Comments noted

Addressed in DA and assessment

Comments noted

Details included in DA

Comments noted

Low increase in traffic as the site is not open to the public.

No track training proposed.

Comments noted

Not proposed

No training track proposed.

Comments noted

Fences, structures not out of character to the rural environment

G Speers and N Shield

Animal kennel site would have flooded if rain continued in Nov 2021.

There is a drainage channel 10m from the proposed dog runs, and it would have broken its banks

In a flood event the security fence would be destroyed.

Silt traps are ridiculous in a flood event

No specific acoustic report – report provided is generalization.

Dogs will bark 24 hrs a day 7 days a week.

Report claims noise level is acceptable

Would you like 30 caged barking dogs 260m from your house?

Facility clearly visible from Packham Drive by tourists, visitors and locals, and visible and audible from neighbouring residences.

The puppy farm adjoins a watercourse that flows into Mandagery Ck.

It is visually offensive and does not fit into the local environment.

It is environmentally irresponsible.

It will render the adjoining dwelling unlivable, and seriously affect the Brymedura homestead.

The DA is inappropriate in every way and must be rejected.

Comments noted

Blackwell Short solicitors on behalf of Speers and ors

The acoustic report has limited data relating to the proposal and is based on assumptions.

Landscaping and kennel insulation should be considered

Needs to be monitoring of the development if approved, and Plan of Management.

Kennel capacity and floor area - where are dogs sleeping? Or are there to be dogs or pups in the owner’s house or in a kennel near the house?

Size and scale of the kennels suits max of 12 dogs.

Insufficient information on stormwater detention and dog waste runoff.

Should the proposal be approved there needs to be a means of assurity by a POM and review process.

Consider there is insufficient documentation to adequately determine the proposal and that it should be rejected.

The report is adequate

Landscaping will be required.

If approved, the development is required to function in accordance with the approval and the endorsed plans.

There will be adequate space within the kennels to house the greyhound pups.

Site is adequate for the proposed 30 pups.

Stormwater runoff will not exceed natural flow.

POM not required.

Comment noted.

The comments made in submissions has been considered as part of the assessment report. Conditions of consent addressing scale of development, scope of development, noise, odour, traffic, site landscaping, animal management including licensing under separate authority regulation and provision of an emergency action plan, have been included to ensure adequate operation standards are in place and followed.

PUBLIC INTEREST s4.15(1)(e)

CONCLUSION

The proposed development for an Animal Boarding and Training Establishment (Greyhounds) is permissible with the consent of council. The development complies with the relevant aims, objectives and provisions of the Cabonne Local Environmental Plan 2012 (as amended) and Development Control Plan 5.

A section 4.15 assessment of the development indicates that the development is acceptable in this instance with conditions requiring the environmental management of the proposed use. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

ITEM 21 - MODIFICATION TO DA 2022/0084 FOR AN EIGHT LOT SUBDIVSION OF LOT 101 DP 1282584, CEMETERY ROAD, MOLONG

REPORT IN BRIEF

Reason For Report	For the determination of council
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire
Annexures	1. 2022-0084-1- Notice of Refusal - Lot 101 DP 1282584, Cemetery Road, Molong ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2022\03-2022-0084 - 1389751

Recommendation

THAT Modification to Development Application 2022/0084/1 seeking to amend condition 7 of the development consent for an eight lot subdivision of land now described as Lot 101 DP 1282584 be refused.

Deputy General Manager - Cabonne Services REPORT

ADVISORY NOTES

Record of voting

Political Disclosures

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

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

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of a modification application for DA 2022/0084/1 for the eight lot subdivision of land described as Lot 101 DP 1282584 Cemetery Road, Molong.

The application has been referred to the council for determination as the proposed modification is recommended for refusal.

Applicant: Peter Basha Planning & Development

Owner: H Sandeman (prior owner and applicant being Mrs MV Fowler of 63 Starrlea Road, Molong)

Proposal: Modification of condition 7 of the development consent for DA 2022/0084

Location: Lot 101 DP 1282584, Cemetery Road, Molong

Zone: R5 Large Lot Residential

THE APPROVED DEVELOPMENT

Delegated approval was granted on 28 March 2022.

The allotments are proposed to be serviced by a new cul-de-sac intersecting to the west with Molong Cemetery Road. The development is to be staged with proposed lots 1 and 8 to form an initial stage, and the remaining proposed lots 2 through to 7 to form a residual allotment. Stage 2 will create lots 2 to 7 as separate lots.

The lots would be as follows:

Lot	Area	Purpose
1	4,150m²	Vacant large lot residential allotment with dwelling permissibility
2	4,000m²	Vacant large lot residential allotment with dwelling permissibility
3	4,000m²	Vacant large lot residential allotment with dwelling permissibility
4	4,050m²	Vacant large lot residential allotment with dwelling permissibility
5	4,060m²	Vacant large lot residential allotment with dwelling permissibility
6	4,000m²	Vacant large lot residential allotment with dwelling permissibility
7	4,000m²	Vacant large lot residential allotment with dwelling permissibility
8	4,150m²	Vacant large lot residential allotment with dwelling permissibility

Graphical user interface, application, Word

Description automatically generated

THE MODIFIED PROPOSAL

The proponent seeks variation to condition 7 of the development consent to DA 2022/0084.

The condition of consent reads as follows:

7. Provision of Private Access

Access must be provided to the proposed lots 1 to 7 in accordance with councils’ Provision of Private Access Specification that is current at the time of application.

Access for each of the proposed Lots 1 to 7 shall be provided from the proposed cul de sac.

Council, prior to any Subdivision Certificate being issued for the subdivision, or commencement of any access to the property from the adjoining new road, must issue an Access Construction Certificate.

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the access. Council, prior to any Subdivision Certificate being issued, must issue an Access Compliance Certificate for the access.

(Reason: To ensure that safe and practical access is provided to the subject land.)

The planning assessment report in considering traffic, access and the impact of the development upon the surrounding area stated in part as follows:

‘Access to the subdivided lots should be provided from the proposed cul de sac to limit additional access ways to Molong Cemetery Road. Each access will be required to be constructed to council’s minimum standards. Conditions of consent will be imposed to this effect.’

The proponent seeks variation to condition 7 of the development consent to permit vehicular access proposed Lot 1 to instead be from Molong Cemetery Road. The proponent cites that a previous subdivision approval over the subject land permitted a four lot subdivision with individual lots to have access to Cemetery Road.

Comment: DA 2022/0084 generally superseded the previous approval, as the current development seeks to create 8 large lot residential allotments and a cul de sac road to service the development. Proposed Lot 1 is to be a corner allotment with boundaries to the new road and to Molong Cemetery Road.

Proposed Lot 8 would retain its existing access arrangement, which is to Molong Cemetery Road, in close proximity to the intersection of Molong Cemetery Road with Banjo Paterson Way.

If supported, the access variation would result in an adverse traffic impact and conflict, with the proximity of the subdivision’s proposed private driveways to Cemetery Road and the cul de sac intersection. As a traffic impact safety measure it is suggested that proposed Lot 1 be serviced with a vehicular access off the proposed cul de sac. It is noted that the proponent has constructed a driveway to proposed Lot 1 from Molong Cemetery Road. Such a driveway could only be considered in the context of the former development consent limited to a four lot development of the site.

It is also noted that a similar subdivision situated to the north of the development, being Foys Drive, provides access to each residential lot from a cul de sac, with no additional access to the through road to the immediate west of that development.

Site Map

Graphical user interface

Description automatically generated with medium confidence

Section 4.55 Modification of consents—generally

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

A consent authority may… modify the consent if:

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

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

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

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

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

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

Comment: Council is satisfied that the variation is of minor environmental impact, and that the development is substantially the same as that initially approved. As there is no proposed change to the overall subdivision layout / lot site/ design, the application was not neighbourhood notified. It is noted that the proponent’s initial application sought access to proposed Lot 1 from Molong Cemetery Road, and in the assessment report it was recommended that access be provided from the proposed cul de sac.

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

In considering the request to modify condition 7 of the development consent it is considered that other than traffic safety, there is no impact upon any of the heads of consideration for the eight lot subdivision proposal as previously assessed.

CONCLUSION

A section 4.55(1A) and s4.15 assessment of the development indicates that the modified development is not acceptable in this instance. It is recommended that the modification application be refused.

ITEM 22 - 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 - 1383826

Recommendation

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

General Manager's 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 23 - 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 - 1383827

Recommendation

THAT:

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

2. The balance of the items be noted.

General Manager's 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 24 - 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 - 1383830

Recommendation

THAT Councillors call any matters of urgency.

General Manager's 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 25 - 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 - 1383832

Recommendation

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

General Manager's REPORT

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

Version Date	May 2022
Author	DL – Governance and Corporate Performance
Owner *(Relevant DGM)*	DL – Governance and Corporate Performance
Next Review Date	June 2023
Document ID	1349511

Name (TBC)	Independent Chair (Voting)
Name (TBC)	Independent Member (Voting)
Name (TBC)	Independent Member (Voting)
Name (TBC)	Councillor representative (Voting)
Name (TBC)	Alternate Councillor Representative (Voting)

Date	Description of Changes
	Reviewed by Chair of the Audit, Risk and Improvement Committee
	Adopted by Council (Minute: )

Version Date (Draft or Council meeting date)	May 2022
Author	Deputy General Manager – Cabonne Infrastructure
Owner (Relevant Executive)	Deputy General Manager – Cabonne Infrastructure
Status (Draft, Approved, Adopted by Council, Superseded, or Withdrawn)	Draft
Next Review Date	-
Minute Number (once adopted by Council)

Job Title	Date Approved	Signature
Deputy General Manager – Cabonne Infrastructure

Minute Number	Summary of Changes	New Version Date
12/04/21	Found blank 23/9 GA
13/09/30	Readopted as per s165(4)	17/09/2013
18/05/20	Readopted as per s165(4)	22/5/2018
	Revision to align with new Integrated Planning and Reporting Format	12/5/2022

Term	Description
Asset	An item of infrastructure, property or plant and equipment as defined by the Local Government Code of Accounting Practice and Financial Reporting
Asset Management	Coordinated activity of an organisation to realise value from assets

Document Name	Document Location
Strategic Asset Management Plan	Council Website
Asset Management Plans	Council Website
Department Plans	(Internal Documents)

Reason For Report	Inform Council of advance payment
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.b - Maintain strong relationships and liaise effectively with all levels of Government
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1390453

Reason For Report	To advise Council of successful application for mobile connectivity at Mullion Creek.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.2.1.a - To lobby for appropriate telecommunication infrastructure for Cabonne localities
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 1389895

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 - 1389364

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 - 1387674

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 April 2022 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1387611

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 - 1383837

DA Number	Application Description Of Work	Development Value	Applicants Name	Property Address
2012/12/1	Modification to Manufactured Dwelling & Garage	$0.00	Alan Michael Myors	Pye Street, Eugowra NSW 2806
2005/260/3	Modification to 14 Lot Subdivision	$0.00	Kevin Fredrick Penson	89 Old Orange Road, Manildra NSW 2865
2014/0092/4	Modification to Solid Fuel Boiler	$0.00	MSM Milling Pty Ltd	Derowie Street, Manildra NSW 2865
2018/0077/2	Modification to 10 Lot Subdivision	$0.00	Luke James Coutis	6 Old Orange Road, Manildra NSW 2865
2021/0176/1	Modification to 12 Lot Subdivision	$0.00	Anthony Daintith Town Planning	9 Ostini Lane, Mullion Creek NSW 2800
021/0262	Four Detached Units	$450,000	Thomas Kevin Beath	29 Ferguson Street, Canowindra NSW 2804
2022/0024	Industrial Units	$473,000	Andrew David Scott	5 George Street, Molong NSW 2866
2022/0056/1	Modification to Shed	$0.00	Rosanne Wendy Nash	264 Tilga Street, Canowindra NSW 2804
2022/0105	Change of Use from Stable to Cellar Door/Outdoor Seating Area & Business Identification Sign	$200,000	Designs at M	1335 Pinnacle Road, Canobolas NSW 2800
2022/0127	Alterations & Additions to Dwelling/New Shed & Garage	$300,000	Ian Barrat	60 Square Road, Moorbel NSW 2804
2022/0132	Boundary Adjustment	$0.00	MPF Surveying P/L	283 Old Canobolas Road, Nashdale NSW 2800
2022/0152	Boundary Adjustment	$0.00	Philip Ronald Stivens	1034 The Escort Way, Borenore NSW 2800
2022/0154	Subdivision	$0.00	Arete Survey	112 Battys Lane, Canowindra NSW 2804
2022/0167	Subdivision	$0.00	Barry James Langham	9 Misty Close, Cargo NSW 2800
2022/0171	Shed	$27,466	Peter Andrew Finlay	15 Windera Drive, Windera NSW 2800
2022/0172	Dwelling	$272,609	Corrine Rebecca Hort	214 Spring Hill Road, Spring Hill NSW 2800
2022/0173	Swimming Pool	$30,000	Scott Taylor	47 Bulls Lane, Springside NSW 2800
2022/0174	Event – Music Festival	$0.00	Andrew Dean Pull	Tilga Street, Canowindra NSW 2804
2022/0176	Dual Occupancy	$635,000	SJ White Constructions Pty Ltd	690 Canobolas Road, Canobolas NSW 2800
2022/0177	Subdivision	$0.00	William Kjoller	158 Kjollers Road, Clergate NSW 2800
2022/0180	Farm Building	$208,000	Barbara Joy Polinelli	543 Paling Yards Loop, Bowan Park NSW 2864
2022/0182	Dual Occupancy	$150,000	Bronwyn Evelyn	33 Radnor Street, Canowindra NSW 2804
Total: 22		$2,745,075

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 - 1383839

CDC Number	Application Description of Work	Development Value	Applicants Name	Property Address
2022/1024	Alterations & Additions to Dwelling	$464,200	Pro Cert Limited	16 Wattele Road, Ophir NSW 2800
2022/1025	Dwelling	$837,000	Sugden Homes Pty Ltd	341 Archer Road, Mullion Creek NSW 2800
2022/1026	Dwelling	$555,889	GJ Gardner Homes	7 Rodda Drive, Cudal NSW 2864
TOTAL:3		$1,857,089

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 - 1383840

YEAR	MEDIAN ACTUAL DAYS
2017	35
2018	21.5
2019	25
2020	28
2021	20.5

MONTH	MEDIAN ACTUAL DAYS
January	42
February	42
March	47
April	43
May
June
July
August
September
October
November
December