Agenda of Ordinary Meeting - 28 February 2023

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	1.2.2.1a - Facilitate Council and standing committee meeting processes.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 1481641

Recommendation

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

General Manager's 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	1.2.2.1a - Facilitate Council and standing committee meeting processes.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS AND STAFF DECLARATION OF INTEREST - 2023 - 1482431

Recommendation

THAT the Declarations of Interest be noted.

Department Leader - Governance & Corporate Performance's 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	1.2.2.1a - Facilitate Council and standing committee meeting processes.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 1481642

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	1.2.2.1a - Facilitate Council and standing committee meeting processes.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 1481643

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	1.2.2.1a - Facilitate Council and standing committee meeting processes.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 1481644

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 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of minutes.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.2.2.1a - Facilitate Council and standing committee meeting processes.
Annexures	1. December 13 2022 Ordinary Council Meeting Minutes ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2023 - 1482434

Recommendation

THAT the minutes of the Ordinary Council meeting held on 13 December 2022 be adopted.

General Manager's REPORT

The following minutes are attached for adoption:

1. Minutes of the Ordinary Council meeting held on 13 December 2022.

ITEM 7 - FIXING THE DATE AND TIME FOR COUNCIL AND OTHER MEETINGS

REPORT IN BRIEF

Reason For Report	To determine the time and date of regular meetings of Council and other meetings
Policy Implications	Could impact on the Code of Meeting practice
Budget Implications	Nil
IPR Linkage	4.5.1.f - Adhere to Council's Code of Conduct and Code of Meeting Practice
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 1474755

Recommendation

THAT council determine the date and time of regular meetings of council and other meetings.

General Manager's REPORT

The following procedure is to conduct council and other meetings as follows:

a) Ordinary Council Meeting

The Ordinary Council meeting is held at council’s Molong office on the fourth Tuesday of each month, commencing at 2.00pm.

b) Committee Meetings

Meetings for the following committees are held on a bi-monthly basis on the second Tuesday of each month;

- Community, Economy & Culture

- Infrastructure (Other)

- Environment, Innovation & Energy

- Infrastructure Transport

c) Other Meetings/Public Forum

Workshops for other strategic directions and business improvement purposes are held on the second Tuesday of the month as required.

As the April Council meeting date falls on a public holiday, it is suggested the meeting be held on either Tuesday 18 April or Thursday 20 April which will allow ample time for the public exhibition of IP&R documents and consideration of any submissions.

ITEM 8 - 2023 NATIONAL GENERAL ASSEMBLY

REPORT IN BRIEF

Reason For Report	To advise of opening of registrations and call for Motions for the 2023 National General Assembly.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.b Maintain strong relationships and liaise effectively with all relevant Government agencies and other councils.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - 1485231

Recommendation

THAT Council:

1. Authorise the attendance of the Mayor and General Manager at the 2023 National General Assembly (NGA).

2. Identify a motion for submission to the NGA.

General Manager's REPORT

The 2023 National General Assembly (NGA) will be held in Canberra from 13 - 16 June. The event provides a unique opportunity for Local Government to engage directly with the Federal Government, to develop national policy and to influence the future direction of council and communities.

Councils have the opportunity to submit motions to the NGA that address the theme and meet the following criteria:

1. be relevant to the work of local government nationally;

2. be consistent with the themes of the NGA;

3. complement or build on the policy objectives of your state and territory local government association;

4. be submitted by a council which is a financial member of their state or territory local government association;

5. propose a clear action and outcome;

6. not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

Council has previously been represented at the NGA by the Mayor and General Manager.

ITEM 9 - DELEGATES TO OTHER ORGANISATIONS - JOINT REGIONAL PLANNING PANEL FOR THE YEAR 2023/2024

REPORT IN BRIEF

Reason For Report	For Council to determine its delegates and representatives to other organisations and community organisations for the 2023/2024 year.
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\ECONOMIC DEVELOPMENT\LIAISON\ASSOCIATIONS - 1486698

Recommendation

THAT Council:

1. Endorse the Director Planning and Environmental Services, Blayney Shire Council, Andrew Muir, as its technical delegate to the Western Region Joint Planning Panel (Cabonne panel),

2. Determine its second representative, who may be a councillor, (and an alternate representative) to the Western Regional Joint Planning Panel for Cabonne Council; and

3. That both delegates and the alternate representative be appointed for the balance of the 2023/2024 year; and

4. The Joint Regional Planning Panel secretariat be advised of council’s resolution.

General Manager's REPORT

Council is required to determine its delegates and representatives to other organisations and community organisations for the balance of the 2023/2024 year.

1) JOINT REGIONAL PLANNING PANEL (JRPP)

This panel determines development applications independently from council where certain trigger points are met (e.g. private capital expenditure in excess of $20M). The panel has two representatives appointed by council; an independent person with technical planning qualifications and a community representative (who may be a councillor).

Blayney and Cabonne councils have had a reciprocal agreement whereby the Blayney council’s planning director, and Cabonne council’s former planning director (currently the Deputy General Manager – Services) are the technical representatives on the neighbouring council’s JRPP.

Both Andrew Muir from Blayney Shire Council and Heather Nicholls from Cabonne Council have indicated their preparedness to continue in their roles on the respective JRPPs.

Council therefore needs to endorse Andrew Muir as the Cabonne Western Regional JRPP technical delegate, and to nominate the second representative, who may be a councillor (and an alternative representative).

ITEM 10 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN HALF YEARLY REPORT 2022/2023

REPORT IN BRIEF

Reason For Report	To provide council with the half yearly review for the 2022/2023 Integrated Planning & Reporting Operational Plan.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. 2023/2023 Integrated Planning & Reporting Half Yearly Report ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2022-2023 - 1477082

Recommendation

THAT, subject to any alterations the council deems necessary at the February 2023 council meeting, the update of the Operational Plan to 31 December 2022, as presented, be adopted.

Deputy General Manager - Cabonne Services REPORT

The Local Government Act, under s404(5) of the Act, states that progress reports must be provided to council at least every six months. The purpose of this report is to allow council to assess its performance against its agreed objectives, actions and strategies.

Updates for the Integrated Planning & Reporting Operational Plan 2022/2023 for the six-month period ending 31 December 2022 are attached, which shows the culmination of the actions and strategies undertaken during the year.

ITEM 11 - APPOINTMENT OF NSW ELECTORAL COMMISSION

REPORT IN BRIEF

Reason For Report	Resolution required to appoint the NSW Electoral Commission to administer Council's elections, polls and referenda.
Policy Implications	Nil
Budget Implications	Will impact the 2024/25 Budget
IPR Linkage	1.2.1.1f - Administration and/or preparation of leases, licences, contracts and tender documents.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\ELECTORAL BODIES - NSW ELECTORAL COMMISSION - 1478016

Recommendation

THAT Council resolves:

1. Pursuant to s.296(2) and (3) of the Local Government Act 1993 (NSW) (the Act) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the council,

2. Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the council,

3. Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the council.

Department Leader - Governance & Corporate Performance's REPORT

Under section 296AA of the Local Government Act (the Act), council must resolve by 13 March 2023 the administration of its elections.

It is recommended that the NSW Electoral Commission (NSWEC) be engaged to administer council’s elections, polls and referenda, the election arrangement will apply to the 2024 ordinary election and every election, poll and referendum including any by-election or countback election until the contract is automatically terminated 18 months before the following ordinary election of councillors.

The election arrangement is a standardised contract for all councils. The service schedule and costs schedule of the standardised contract will vary between councils and are made by the NSWEC in consultation with each council. The cost schedule details will be included in the 2024/25 Annual Budget.

ITEM 12 - AUSTRALIA DAY AWARDS COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of Australia Day Awards Committee Recommendations.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.f - Code of Meeting Practice adopted and implemented.
Annexures	1. December 13 2022 Australia Day Committee Meeting Minutes ⇩
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2023 - 1481946

Recommendation

THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 13 December 2022 be adopted.

Department Leader - Governance & Corporate Performance's REPORT

Attached is the report of the Australia Day Awards Committee meeting of Cabonne Council held on 13 December 2022.

ITEM 13 - EVENTS ASSISTANCE PROGRAM

REPORT IN BRIEF

Reason For Report	For council to consider applications for funding under the 2022/2023 Events Assistance Program.
Policy Implications	Nil
Budget Implications	$8,400 to be funded from the 2022/2023 Events Assistance Program.
IPR Linkage	4.4.1.b - Implement funding opportunities through the Events Assistance Program
Annexures	1. Canowindra Pony Club - Event Assistance Program - 07-02-2023 ⇩ 2. SubmissionReceipt-EventAssistanceProgramApplicationForm-68 ⇩ 3. FOOD Week Inc - Events Assistance Program ⇩ 4. C2G Walk Event Assistance Program Application Form.pdf ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2022 - 2023 - 1479960

Recommendation

THAT council approves under its 2022/23 Event Assistance Program:

1. $2,000 for the Cargo 2 Grenfell (C2G) Fundraiser Walk,

2. $2,000 for the Molong Poetry Brawl by the Molong Advancement Group (MAG),

3. $500 for Canowindra Pony Club Showjumping Competition, and

4. $3,900 for F.O.O.D Week Incorporated.

Leader - Community and Economy's REPORT

Council has received five applications under the 2022/2023 Events Assistance Program (EAP).

1. Applications under the Event Assistance Program

1.1 Cargo 2 Grenfell (C2G) Fundraiser Walk

Request: $5,000

Recommendation: $2,000

The C2G challenge has been running annually for six years. It is a walking event designed to raise funds for increased mental health resources, programs, and workshops for rural and remote towns in Central West NSW.

The walk will take place from the 9 - 11 March 2023. Approximately 100 people are expected to participate.

· This event is currently a core event within Cabonne and has been run annually for the last six years.

· It is a community-minded event which will attract spectators and participants from surrounding areas.

· The grant money will be used for the hiring of Traffic Control Personnel.

Based on the guidelines this does meet the criteria for a Core Event, thus the recommendation of $2,000.

1.2 Molong Advancement Group (MAG)

Molong Poetry Brawl

Request: $1,000

Recommendation: $1,000

The Molong Poetry Brawl is identified as an annual event under the banner of the Banjo Paterson Festival. The program incorporates storytelling, poetry and performance with open and under-18 sections of the competition.

· This event is currently a Core Event as it is in its third year. It is an established event in the calendar and had a high turnout during covid in 2021 and 2022.

· It is a community-minded event which will attract spectators and participants from surrounding areas and engage with local schools.

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

Based on the guidelines this does meet the criteria for a Core Event, this the recommendation of $1,000.

1.3 Canowindra Pony Club

Canowindra Pony Club Showjumping Competition

Request: $500

Recommendation: $500

Canowindra Pony Club plans to hold a one-day showjumping competition which will attract more than 80 riders and their families from Gundagai, Yass, Harden, Cootamundra, Young, Forbes, Grenfell Orange, Bathurst and local riders. Many will stay, eat and fuel-up locally, supporting Canowindra businesses with some to 50% of competitors to come from outside the Cabonne LGA.

The event, planned for 22 October 2023, will provide an opportunity for many young riders to compete, and learn horsemanship and horse mastership, through competition and social engagement.

The club is asking Cabonne Council financial assistance for prizes and rosettes for class winners, champions and runners up.

Based on the guidelines this does meet the criteria for a Developing Event, thus the recommendation of $500.

1.4 F.O.O.D Week Incorporated

F.O.O.D Week

Request: $3,900

Recommendation: $3,900

The 2023 F.O.O.D Week will mark the 32^nd anniversary of the event, which will deliver a 10-day festival with six signature events and more than 60 satellite events all showcasing the rich diversity and provenance of the region’s produce.

Held during Autumn harvest and vintage season, F.O.O.D (Food of Orange District) week is a gourmet festival showcasing the food and wine, food producers, wineries, restaurants, chefs, caterers, and cooks from three LGAs – Orange Blayney and Cabonne, with most of the local producers located in Cabonne Shire.

F.O.O.D Week is a destination event that attracts intrastate and interstate visitors, with the potential for further extension to appeal to international visitors seeking an authentic of regional Australia. F.O.O.D Week offers visitors a unique platform to connect and engage with local producers.

Each year F.O.O.D Week works with local businesses across various industries to host new and innovative events to diversify the festival program. Alongside the signature events there are many individual events run by producers, wineries, restaurateurs, caterers, tourism operators or community interest groups.

Last year some 11,500 people attended F.O.O.D Week events to generate a total income of almost $12 million for the region.

Event organisers are seeking funds to assist with costs of the Shine the Light on Producers event, and with the grand finale event – the Producers Market and Brunch held on the last day of the festival.

Based on the guidelines this does meet the criteria for a Flagship Event, thus the recommendation of $3,900.

Previous approved events under the 2022/23 Event Assistance Program:

Association	Event	Amount
Orange Region Vignerons Association (ORVA)	Orange Wine Festival	$2,000
Central West Disk Golf	NSW Open Disc Golf Championships	$1,000
Canowindra Branch CWA	CWA Centenary High Tea	$1,000
Eugowra Golden Eagles	Eugowra Masters of the Mandagery	$3,000
Eugowra Harness Racing Club	Eugowra Harness Racing Club Canola Cup Family Picnic Day	$5,000
Manildra and District Improvement Association	Children’s Christmas Matinee at the Amusu	$1,000
Amusu Theatre and Movie Museum Manildra	Manildra Ukulele Weekend- The Wild Women of Anywhere Beach	$500
Eugowra Community Childrens Centre	Paint and Sip	$800
Lions Club of Orange	Banjo Paterson Festival	$2,000
Total currently approved		$14,300

There remains $ 32,114 in the Event Assistance Program budget for 2022/2023.

This report and recommendations have not been endorsed by the Cabonne Community, Economy and Culture Committee.

ITEM 14 - SPONSORSHIP PROGRAM

REPORT IN BRIEF

Reason For Report	For Council to consider applications for funding under the 2022/2023 Sponsorship Program
Policy Implications	Nil
Budget Implications	$5,000 from 2022/2023 Sponsorship Program
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. The Long White Lunch - Sponsorship Program Application - Cumnock ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\SPONSORSHIP PROGRAM 2021-2022 - 1486122

Recommendation

THAT Council declines providing $5,000 from the 2022/2023 Sponsorship Program to The Long White Lunch, given there is an application for $5,000 through the council’s Event Assistance Program for the same event.

Leader - Community and Economy's REPORT

Council has received one application for funds under the 2022/2023 Sponsorship Program.

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

The aim of the program is to deliver benefit to the Cabonne community and economy through a range of strong and engaging events. The events must establish a mutually beneficial partnership between council and the community, whilst being able to identify economic, social, and cultural benefits to the Cabonne area.

1. The Long White Lunch

The Long White Lunch Inc

The Long White Lunch is a successful biennial event in Cumnock, aimed to raise funds for the community via the Cumnock General Store Initiative, raising the profile of the community, and showcasing the hospitality of the region through local produce and local entertainment.

The event features an outdoor, three-course, sit-down lunch, with guests encouraged to wear white, entertainment from local performers, and an auction with items donated by the community and local businesses.

With some 65% of guests attending from outside the Cabonne LGA, buses are provided to/from the event from Orange.

The objectives of the event are to:

· Improve tourism potential in the town and region,

· Celebrate the region’s produce,

· Support local businesses and suppliers,

· Contribute to and enhance the local economy, and

· Facilitate long-term sustainability of the Cumnock community.

This year’s event will be the third event since 2017, after 2021 and 2022 events were cancelled due to Covid.

The Long White Lunch is asking for Silver Sponsorship from council, to be used to secure produce and items from local suppliers, including food and decorations, for music and entertainment costs and to contribute towards the costs of buses to/from Orange.

The benefits of council sponsoring the event include:

· Building brand awareness, showcasing produce and services from the Cabonne region,

· Supporting the rural community and the General Store Initiative,

· Contribute funds to improve long-term sustainability in Cumnock, and

· Exposure to business stakeholders through supporting community initiatives.

Under the guidelines this event does fit the criteria for Council’s 2022/2023 Sponsorship Program, thus the recommendation, however it is noted that the event has also applied for funding through council’s Events Assistance Program – with funding of $2,500 recommended under that program.

To date there has been no funds provided for the 2022/2023 Sponsorship Program.

This report and recommendations have not been endorsed by the Cabonne Community, Economy and Culture Committee.

ITEM 15 - REQUEST FOR DONATION

REPORT IN BRIEF

Reason For Report	For Council to conisder the request received for a donation
Policy Implications	To be funded from existing s.356 budget allocation
Budget Implications	Nil
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. 2023 NAIDOC School Initiatives - Council - NSW-v1 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2023 - 1482645

Recommendation

THAT Council donate $450 to NAIDOC Week Initiatives.

Department Leader - Community Services' REPORT

NAIDOC Week School Initiatives conducts a range of activities for school children during NAIDOC Week which is to be held between 3 and 9 July 2023. The aim of this is to provide children with a greater understanding of cultural diversity and friendship promoting positive attitudes in all students towards Aboriginal people.

The activities available include colouring-in, poem/essay writing, a poster for advertising in their local newspaper. Entry is open to all primary and secondary school students. Local schools conduct NAIDOC week-themed activities in line with the curriculum. NAIDOC Week School Initiatives seek a donation to cover printing and distribution costs for the contests across the LGA.

The activities and competitions received support from four (4) Cabonne local schools participating in 2022, with 297 entries being received.

It is suggested that $450 be donated towards this event.

Should council wish to make a donation, there currently remains $7525 in the s.356 budget for donations this financial year.

ITEM 16 - REQUEST FOR DONATION - CUDAL SHOWGROUND UPGRADE CO-CONTRIBUTION

REPORT IN BRIEF

Reason For Report	To consider a request received from Cudal Central for a waiver of co-contribution of funds for the completed Cudal Showground Upgrade.
Policy Implications	Nil
Budget Implications	Payment of donation to the amount of $9,331.20 be made from 12800030 - Urban Services replacement postions.
IPR Linkage	2.1.1.2b - Support and engage with relevant section 355 committees and key user groups.
Annexures	1. 20230202 - Cudal Central- Request Showground upgrade ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\APPLICATIONS\COMMUNITY GROUPS - 1487931

Recommendation

THAT Council provide a donation of $9,331.20 to the Cudal Central Committee in lieu of their co-contribution towards the Cudal Showground Upgrade project

Deputy General Manager - Cabonne Infrastructure's REPORT

A request has been received from the Cudal Central Committee seeking a waiver to the co-contribution requirement for the recently completed Cudal Showground upgrades.

In the request, Cudal Central have provided the basis for the request on the grounds of value adding works undertaken by the community groups, and the hardship that has been suffered by the Cudal community over the past four months.

Project Delivery

This recently completed work saw the delivery of water and electricity upgrades along with other ancillary works to improve the functionality of the showground.

The funding arrangement for delivery of the showground upgrade project is as follows:

Entity	Amount	Contribution
Building Better Regions Fund	$95,091	50%
NSW Showground Stimulus	$65,468	34%
Cabonne Council	$17,123	9%
Cudal Central	$12,500	7%
Total	$190,182.00	100%

Costs of delivery for the project came in under the budgeted amount, with final cost being $181,687.20.

The funding deed for Building Better Regions Fund called for 50% of the total costs of works up to the maximum amount ($95,091). Showground stimulus funding was permitted to claim the maximum amount for the project.

With the actual costs of delivery being less than budgeted, the final contributions for the project are as follows:

Entity	Amount	Contribution
Building Better Regions Fund	$89,765	49%
NSW Showground Stimulus	$65,468	36%
Cabonne Council	$17,123	9%
Cudal Central	$9,331.20	5%
Total	$181,687.20	100%

Request for Funding

In considering the request from Cudal Central, the waiver of co-contribution of the project should therefore be on the basis of the completed cost of works. Therefore, the Cudal Central co-contribution sought to be waived is $9,331.20.

Should council agree with the request from Cudal Central, the amount provided to the committee should not be considered as a waiver of fees. The amount is contained within the final acquittal of the grant, and the co-contribution is a requirement of the project funding deed.

However, council may make a donation in lieu of payment of the co-contribution, to the amount of what that co-contribution would be ($9,331.20 in this case).

The Urban Services budget has available funds for replacement of positions in the structure which is no longer required. It is proposed that the donation would be made from this budget.

ITEM 17 - CABONNE COMMUNITY CENTRE FEES AND CHARGES & HIRE OF COMMUNITY FACILITIES BUILDINGS POLICY

REPORT IN BRIEF

Reason For Report	Council approve the fees & charges and hire policy for the Cabonne Community Centre following public exhibition period
Policy Implications	New Policy
Budget Implications	Income from hire or community centre
IPR Linkage	2.1.1.5a - Carry out inspections and maintenance in accordance with agreed levels of service.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\DESIGN AND CONSTRUCTION\CABONNE COMMUNITY CENTRE - 1485594

Recommendation

THAT Council adopt:

1. The fees and charges for the hire of the Cabonne Community Centre; and

2. The Hire of Community Facilities – Buildings strategic policy.

Deputy General Manager - Cabonne Infrastructure's REPORT

Council resolved at its November ordinary meeting:

“THAT:

1. Council endorse the draft fees and charges for the hire of the Cabonne Community Centre and place on public exhibition for 28 days.

2. Council endorse the draft Hire of Community Facilities – Buildings policy.

3. The draft fees & charges and policy for the hire of the Cabonne Community Centre be advertised for a period of 28 days in accordance with clause 610F of the Local Government Act.

4. Revoke the following policies:

a. Hall Hire Fees – Molong & Cudal Policy.

b. Hire of items – Molong Cudal Community Centres & s355 operated Halls.”

The documents were placed on public exhibition for 28 days, for the period 29 November 2022 to 27 December 2022.

Council did not receive any submissions for either item during the exhibition period.

ITEM 18 - CONFIRMATION OF THE CABONNE FLOODPLAIN ADVISORY COMMITTEE MEETING MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of the Cabonne Floodplain Advisory Committee meeting minutes.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	2.2.4.1a - Manage Molong Floodplain in accordance with management plan.
Annexures	1. Cabonne Flood Advisory Committee Minutes 19 December 2022.pdf ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2022 - 1487973

Recommendation

THAT the minutes of the Cabonne Floodplain Advisory Committee held 19 December 2022 be adopted.

Deputy General Manager - Cabonne Infrastructure's REPORT

The following minutes are attached for adoption:

1. Minutes of the Cabonne Floodplain Advisory Committee Meeting held on 19 December 2022.

ITEM 19 - PLANNING PROPOSAL TO AMEND CABONNE LOCAL ENVIRONMENTAL PLAN 2012

REPORT IN BRIEF

Reason For Report	To obtain council resolution to proceed with the rezoning process to endorse and To obtain council's resolution to proceed to make an amendment to Cabonne Local Environmental Plan 2012
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.1.1.1a - Receive and assess Development Applications.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\PLANNING\AMENDMENT 13 TO LEP 2012 - LOT D AND E DP 33623, 1583 BURRENDONG WAY, MULLION CREEK - 1474280

Recommendation

THAT council:

1. Endorse, as exhibited, the amendment to the Cabonne Local Environmental Plan 2012 (PP-2022-847) applying to Lots D & E DP 33623, known as 1583 Burrendong Way, Mullion Creek, as outlined in this report.

2. In exercising its delegation under Section 3.36 of the Environmental Planning and Assessment Act 1979, as endorsed by NSW Department Planning and Environment, forward the required documentation to Parliamentary Counsel for opinion to amend the Cabonne Local Environmental Plan 2012.

3. Delegate authority to the General Manager to finalise the amendments to Cabonne Local Environmental Plan 2012 with advice from Parliamentary Counsel and the NSW Government on terms that are broadly consistent with the Planning Proposal and this report, including any final feedback from government agencies.

Deputy General Manager - Cabonne Services REPORT

Council at its April 2022 meeting resolved to support a Planning Proposal to rezone land at 1583 Burrendong Way, Mullion Creek to achieve as follows:

The intended outcomes of the Planning Proposal are identified as being:

· the rezoning of Lots D and E in DP 33623, being 1583 Burrendong Way, Mullion Creek from RU1 Primary Production to R5 Large Lot Residential by amending the Cabonne Local Environmental Plan 2012 Lot Zone Map

· amending the Cabonne Local Environmental Plan 2012 Lot Size Map as it applies to Lots D and E DP 33623 to reflect a minimum lot size of 1ha.

The proposal seeks to rezone a 8.994 ha rural holding and currently zoned RU1 Primary Production, to R5 Large Lot Residential, and to amend the Cabonne LEP 2012 Lot Size Map to permit a minimum lot size of 1ha. The property contains an existing dwelling situated upon Lot D.

The proposed rural residential development of the subject land would comprise the following:

· Two Torrens lots

· Five community title lots and community property created under the Community Land Development Act 2021

· Construction of a private access road

· Identification of building envelopes

· Fencing of all lots

· On site effluent disposal

· Water supply via rain water tanks.

The development would proceed in two stages with Stage 1 being the Torrens tittle lots and stage 2 being the community title subdivision.

· Lots available for large lot residential development will range ranging from 1.1ha to 3ha and are proposed as follows:

Stage 1

Lot	Area	Proposed use
100	3.065ha	Existing dwelling
101	5.879 ha	Residual lot – future development lot

Stage 2

Lot	Area	Proposed use
1	5055m²	Community property
2	1.417ha	R5 large lot residential zone permissible uses
3	1.102 ha	R5 large lot residential zone permissible uses
4	1.264 ha	R5 large lot residential zone permissible uses
5	1.585 ha	R5 large lot residential zone permissible uses

A conceptual development plan has been prepared as part of the Planning Proposal; however, the final lot layout may vary based upon the requirements of the development assessment process and relevant design criteria.

Graphical user interface, map

Description automatically generated

Location plan

The Planning Proposal was subsequently submitted to the Department of Planning and a Gateway determination issued on 6 June 2022.

The Gateway approval recommended as follows:

It is recommended the delegate of the Secretary:

• Note that the consistency with section 9.1 Directions 4.3 Planning for Bushfire Protection and 4.4 Remediation of Contaminated Land are unresolved at this time and will require justification prior to finalisation and community consultation respectively.

It is recommended the delegate of the Minister determine that the planning proposal should proceed subject to the following conditions:

1. The planning proposal is to be updated prior to community consultation to:

• address contamination prior to community consultation

• Include a project time frame of 9 months

• Consultation is required with the following public authorities:

• NSW RFS

• BCS

• DPE Water

• MEG

2. The planning proposal should be made available for community consultation for a minimum of 28 days

3. The timeframe for completing the LEP is to be 9 months from the date of the Gateway determination.

4. Given the nature of the proposal, Council should be authorised to be the local plan-making authority.

Following the proponent lodging amended documentation addressing site contamination, as required by the Gateway Determination, the planning proposal was placed upon public exhibition for 28 days and stakeholders advised of the rezoning proposal. By the close of the exhibition phase on the 19 September 2022, no submissions had been received in relation to the proposal.

It is considered appropriate that council now resolve to amend the Cabonne LEP 2012 to rezone rezoning of Lots D and E in DP 33623, being 1583 Burrendong Way, Mullion Creek from RU1 Primary Production to R5 Large Lot Residential by amending the Cabonne Local Environmental Plan 2012 Lot Zone Map, and by amending the Cabonne Local Environmental Plan 2012 Lot Size Map as it applies to Lots D and E DP 33623 to reflect a minimum lot size of 1ha.

Should council agree, final mapping will need to be prepared and liaison occur with the Parliamentary Counsel to prepare appropriate wording for the amending LEP. It is noted that the timeframe for completing the Planning Proposal is nine months to 6 March 2022, to which an extension of time may be required.

ITEM 20 - DEVELOPMENT APPLICATION 2023/0045 FOR 4 LOT SUBDIVISION AT 20 SHARP STREET, CARGO

REPORT IN BRIEF

Reason For Report	To obtain council's determination of the development application
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. DA 2023-45 - draft conditions of consent (Feb Council) - 20 Sharp Street_1 ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2023\03-2023-0045 - 1482996

Recommendation

THAT:

(1) Development Application 2023/0045 for a 4 Lot Subdivision upon land described as Lot 1 Sec 40 DP 758226 – 20 Sharp Street, Cargo, be granted consent subject to the conditions attached, and

(2) Council support the request submitted under clause 4.6 of the Cabonne LEP 2012, for variation of the minimum lot size from 2,000m² to 1,678m².

Senior Town Planner's REPORT

ADVISORY NOTES

Record of voting

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

Political Disclosures

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

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

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

EXECUTIVE SUMMARY

The following report provides an assessment of the development application submitted for a 4 Lot Subdivision upon land described as Lot 1 Sec 40 DP 758226 – 20 Sharp Street, Cargo.

Applicant: Clive Hill c/- Peter Basha Planning & Development

Owner: CLH Hill

Proposal: 4 Lot Subdivision

Location: Lot 1 Sec 40 DP 758226 – 20 Sharp Street, Cargo

Zone: RU5 Village

The property has an area of 6,715m² and is located on the north-eastern corner of Church and Sharp Streets, on the southern side of Cargo village (see Figure 1). It is proposed to subdivide the land into 4 lots for future dwellings, each measuring 1,678m² in size (see Figure 2).

Map

Description automatically generated

Figure 1 – Locality Plan

The following notable planning matters are considered in this assessment report:

· The land is zoned RU5 Village and subject to a minimum lot size of 2,000m². Each of the 4 proposed lots are under this minimum size. Council’s consent is sought to vary the minimum lot size development standard in accordance with LEP Clause 4.6 Exceptions to Development Standards. It is assessed that the proposed lot sizes will not be incongruous in the residential neighbourhood and can provide a reasonable standard of residential amenity for future dwellings.

· Notwithstanding, the land immediately adjacent comprises two heritage listed items, and future development on the lots may visually adversely impact on their setting and heritage significance. Mitigation measures are recommended with regards to minimum setbacks, building envelopes, and buffer vegetation.

· The land is mapped as being bushfire prone, and concurrent approval is required from NSW Rural Fire Service (RFS). Council referred the application to the RFS, who have issued a Section 100B approval, and General Terms of Approval. These terms form conditions of consent.

· One (1) submission was received. The submission raises concerns in relation to the lot sizes being too small, road frontages being too narrow, the lots not being consistent with other lots in Cargo, and impacts to outlook and land value.

· Council’s Development Engineer has reviewed the proposal, and recommendations are incorporated into conditions of consent. The drainage swale in Church Street requires upgrade to ensure stormwater is adequately managed.

As outlined in the main body of this report, it is assessed that the proposed development will reasonably satisfy applicable Local and State planning controls, providing that the location of future development on the lots is restricted (via consent conditions).

As such, it is recommended that the application be approved subject to the attached conditions of consent.

PROPOSED DEVELOPMENT

Council's consent is sought for a 4 Lot Torrens subdivision as set out in Figure 2. The proposed allotments will each measure 1,678m² in size, and will be for the purposes of future dwelling houses. Each lot will be accessed from Church Street, and it is proposed to connect to mains water (Central Tablelands Water). Reticulated sewer is not available in Cargo, as such, each lot will require its own on-site effluent system.

Figure 2 – Proposed Subdivision Plan

SITE & CONTEXT

The property has an area of 6,715m² and is rectangular in shape. It is located on the north-eastern corner of Church and Sharp Streets, on the southern side of Cargo village (see Figure 1). The land is currently used for the keeping of horses, and there are some trees scattered around the site. There is buffer landscaping near to and along the north-eastern boundary (see Figure 2).

Land to the north and west comprises residential land with dwelling houses in a variety of sizes and designs. The land to the immediate north-west comprises St Patrick’s Catholic Church and former convent, both of which are locally heritage listed items. Land to the east and south comprises rural agricultural lots, rural dwelling houses, and farm buildings.

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

There are four triggers known to insert a development into the Biodiversity Offset Scheme (i.e. the need for a Biodiversity Development Assessment Report (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);

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

· Trigger 4: development proposed to occur in an Area of Outstanding Biodiversity Value (clause 7.2 of BC Act 2016). No areas are known to occur in the LGA, and as such no further comments will be made in relation to this trigger.

Trigger 1

The site is not mapped on the NSW Biodiversity Values Map.

Trigger 2

Pursuant to clause 7.2 of the Biodiversity Conservation Regulation 2017 clearing of land that exceeds threshold of the minimum lot size of the lot requires a BDAR to be lodged with the development application. The minimum lot size for the land is 2,000m², which gives a clearing threshold area of 0.25ha. The proposal does not involve clearing of native vegetation, thus is not in excess of this threshold.

Trigger 3

With regards to the third trigger, it is considered that the proposed subdivision is unlikely to significantly affect threatened species or their habitats, nor 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; and the land is surrounded by highly disturbed urban environments and adjoining rural land with limited habitat potential.

No tree removal is required for the subdivision. 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.

Overall, it is considered that the proposed development is unlikely to have a significant effect on any endangered ecological communities, threatened species or habitat. Further, the development does not trigger the need for a BDAR under the BC Act 2016.

Section 4.15

Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act) 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 (LEP)

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under subclause 2 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 LEP 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	Land zoned RU5 Village
Lot size map	Minimum lot size 2,000m²
Heritage map	Not a heritage item or conservation area, but located immediately adjacent to two heritage listed items
Terrestrial biodiversity map	Has no mapped 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, watercourse, and groundwater vulnerability maps	Not groundwater vulnerable nor affected by mapped watercourses
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 staff are not aware of the title of the subject property being affected by any of the above.

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones and Land Use Table

The subject site is located within the RU5 Village zone. The proposed development is defined as ‘subdivision’ under the LEP 2012 and is permitted with consent in this zone pursuant to Clause 2.6 of the LEP. This application is seeking consent.

Clause 2.3 - Zone Objectives

The objectives for land zoned RU5 Village are as follows:

· To provide for a range of land uses, services and facilities that are associated with a rural village.

· To encourage and provide opportunities for development and local employment growth.

· To ensure that development is compatible with surrounding land uses.

The proposed subdivision is consistent with the first objective, where it provides for residential lots associated with the rural village of Cargo, as well as the second objective, as it provides for additional lots and for future dwellings, providing development opportunity in Cargo.

With regards to the third objective, it is considered that future residential use of the land is compatible with surrounding land uses, which are predominately also residential in nature. It is considered that suitable buffers need to be maintained or established between the subject land and agricultural land to the north-east, and the heritage listed buildings to the north-west to ensure the development is compatible with these heritage listed items and non-residential land uses. This matter is discussed in more detail later in this report.

Clause 2.6 - Subdivision - Consent Requirements

This clause triggers the need for development consent for the subdivision of land. This application is seeking consent.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.1 - Minimum Subdivision Lot Size

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

In relation to this site, the map nominates a minimum lot size of 2,000m². All lots proposed by the application are 1,678m² in size, and thus do not meet this provision. The proposal seeks consent to vary the minimum lot size development standard via an LEP Clause 4.6 variation, which is discussed below.

Clause 4.6 – Exceptions to Development Standards

Clause 4.6 applies and states in part:

(1) The objectives of this clause are as follows—

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument.

(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating -

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

(4) Development consent must not be granted for development that contravenes a development standard unless -

(a) the consent authority is satisfied that -

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by Subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Planning Secretary has been obtained.

In consideration of Clause 4.6(2), the development standard for which the variation is sought relates to LEP Clause 4.1 Minimum Subdivision Lot Size. Pursuant to this clause, the minimum lot size set out for the RU5 Village zone is 2,000m². The proposed subdivision involves 4 lots, each measuring 1,678m², and thus will depart from the prescribed minimum area by 322m² per lot, or 16.1%.

The proposal is supported by a written request by the applicant pursuant to Clause 4.6(3). It is submitted that compliance with the development standard is unreasonable or unnecessary; and there are sufficient environmental planning grounds to justify the departure. The written request has taken into account the NSW Department of Planning and Infrastructure publication Varying Development Standards: A Guide August 2011, as well as the ‘five part test’ for variations as established in the NSW Land and Environment Court.

The ‘five part test’ embodies the following:

1 The objectives of the standard are achieved notwithstanding noncompliance with the standard.

2 The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary.

3 The underlying object or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable.

4 The development standard has been virtually abandoned or destroyed by the council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable.

5 The compliance with development standard is unreasonable or inappropriate due to existing use of land and current environmental character of the particular parcel of land. That is, the particular parcel of land should not have been included in the zone.

The proponent’s submission to vary the development standard is summarised as follows:

· The proposal will satisfy the objectives of the LEP, the objectives of the RU5 Village zone, and the objectives of LEP Clause 4.1(1).

· The proposed subdivision layout is reflective of the broader layout and existing cadastre for the area i.e. they are akin to those found in the village of Cargo (the applicant has carried out an analysis of lot sizes in Cargo, see Figure 3).

· The proposed lot sizes are practical and efficient to enable the range of permissible uses within the zone. Each lot is of an appropriate width and depth ratio to enable a future dwelling to be reasonably sited and orientated to achieve visual and acoustic privacy, effective solar access, and satisfactory residential amenity.

· Despite the variation, the proposed lots are able to accommodate the 8 metre building setback encouraged by Council’s Building Alignment Policy.

· The modest decrease in lot yield as a result of the minimum lot size variation encourages a more efficient use of servicing and infrastructure whilst maintaining residential amenity.

· The proposed subdivision is unlikely to result in an undesirable precedent which could be used as a justification for other developments of this nature within the Local Government Area on the basis it represents a legitimate project which is permissible under the planning framework; the proposed Clause 4.6 variation simply provides for the more efficient delivery of the project objective relevant to the site in its context.

· Strict compliance with the standard can result in an inflexible and unfair application of policy, without consideration of local context. In this instance it does not serve any purpose that is outweighed by the positive outcomes of the development.

· The proposed lot sizes are consistent with the existing lot sizes and cadastral pattern of Cargo many of which are less than 2,000m² (see Figure 3).

· The zoning of the land is appropriate for the site and proposed development.

· Non-compliance with the minimum lot size development standard does not generate unacceptable impacts in the locality.

· The contravention of the development standard does not raise an issue of State or regional planning significance as it relates to local and contextual conditions.

· There is overall public benefit – it results in an outcome which is compatible with the existing village setting; a more efficient use of roads and utility services; and the provision of residential land in suitable locations is considered to be for the public benefit.

· It is submitted that the proposed variation is required to achieve an orderly and economic use of the subject land in accordance with the site’s zoning and the underlying objectives of the EP&A Act.

Pursuant to Clause 4.6(4)(a)(i), the written request to vary the minimum lot size development standard has considered the relevant matters set out in Clause 4.6(3). The reasons to vary are acknowledged and generally accepted by council staff.

In particular, the proposed lot sizes are consistent with the overall pattern of development and range of lot sizes in Cargo. The closest residential lots to the subject land are those opposite the site within Church Street to the south-west, with lot sizes of 1,401m², 1,644m², and 1,835m². The proposal (each lot being 1,678m²⁾is generally consistent with these sizes, and the general layout of lots in village zoned parts of Cargo (see Figure 3).

However, as outlined previously in this report, immediately adjacent land comprises agricultural uses and heritage listed items, which differ in lot size and arrangement, as well as land use. The proposed subdivision involves a greater number of lots than permitted by the minimum lot size standard (i.e. 4 lots rather than 3), and this means that adverse impacts may be greater, as there is likely to be more dwellings, outbuildings, occupants, septic systems and traffic as a result of future development on the lots than what has been anticipated by the LEP. Potential land use conflict and amenity impacts to these neighbours needs to be sufficiently mitigated.

Figure 3 – Existing Cadastral Pattern of Cargo

It is considered that the implementation of building envelopes on the proposed lots can ensure that future development of the land is constrained to provide sufficient setbacks and view corridors to the adjacent church, and from agricultural land to the rear boundary. It is noted that this land to the north-east is also zoned RU5 Village, and may, at some time in the future, also comprise additional residential lots and dwellings. However, its current use as rural-residential land needs to be taken into account. Heritage impacts are addressed in greater detail in the LEP Clause 5.10 assessment later in this report.

Further, each lot needs to be of sufficient size to provide for future development and acceptable amenity to future occupants. Each lot needs to allow for a dwelling house, outbuildings/sheds, access driveway, connection to water, on-site septic system, and bushfire hazard reduction measures, whilst not compromising the amenity of neighbours or the heritage setting of the adjacent church and former convent, nor leading to land use conflict.

It is considered that the proposed 1,678m² lot sizes can sufficiently provide for all of these requirements, albeit the lots will need to be somewhat constrained in regard to where the future dwellings and outbuildings can be located to ensure impacts to neighbouring land is mitigated as noted above. Notwithstanding, these constraints are consistent with other lots in Cargo, where over half of the lots in Cargo are under this minimum lot size, yet contribute to the standard of residential/village amenity, and can be adequately serviced.

It is considered that all relevant objectives of the LEP, RU5 Village zone, and minimum lot size standard can be achieved. To this effect, the proposed variation of the development standard will be in the public interest, pursuant to Clause 4.6(4)(a)(ii).

In consideration of Clause 4.6(4)(b), the elected council may assume the concurrence of the Planning Secretary in varying this development standard, pursuant to Planning Circular PS 20-002, dated 5 May 2020.

Overall, the proposal to vary the minimum lot size standard is supported, having regard to the site specifics of this particular case, subject land and surrounds, and subject to mitigation measures being implemented in relation to heritage impacts and land use conflict as previously outlined.

Part 5 - Miscellaneous Provisions

Clause 5.10 – Heritage

LEP Clause 5.10 applies, and states in part:

(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned.

The subject land is located immediately adjacent to two heritage listed items, being St Patrick’s Catholic Church, and former convent. The NSW Heritage Inventory notes the following ‘Statement of Significance’ for these items:

· St Patrick’s Church – 19 Brooks Street, Cargo – “Significant place for worship and fellowship for Catholics of Cargo. Location of former convent building (1882). The brick church on this site is dated 1907, replacing an original timber structure from 1875.”

· Convent (former) – 2 Short Street, Cargo – “The site has retained the key features from the original design of the convent, and is capable of interpretation as a place of significance for the Sisters of St Joseph and the Roman Catholic church. The adaptation to a guest house is a suitable use, and a sympathetic conversion”.

The boundary of proposed Lot 4 is located only 5m from the listed church building, to which this elevation has particular architectural merit. Furthermore, there are important view corridors to the church with it being in an elevated position along Church Street. As noted previously in this report, the proposed subdivision involves a greater number of lots than permitted by the minimum lot size (i.e. 4 lots rather than 3), and this means there is likely to be more dwellings and infrastructure located in close proximity to these heritage buildings than anticipated by the LEP. It is likely that future dwellings and outbuildings on the proposed lots (regardless of whether a 3 or 4 lot subdivision) will disrupt these views, and buildings constructed too close to the church are likely to adversely impact on the heritage curtilage and setting.

It is acknowledged that any future development of the land will impact somewhat on this setting, as the land is zoned for a range of permissible uses, residential dwellings being the most likely of those. It could be argued that a 3 Lot subdivision (i.e. if the LEP minimum lot size standard was adhered to) may result in a lesser impact, as buildings are likely to be further separated from the church and former convent. Notwithstanding, it is considered that the 4 Lot subdivision as proposed can be supported if mitigating measures constraining the location of future development are adopted.

Firstly, building envelopes are considered necessary on each of the lots, including a minimum street/front setback of 10m to maintain a view corridor along Church Street, and a setback of at least 10m from the church boundary to provide a physical separation between the church and future dwelling/shed or other structures on proposed Lot 4.

Secondly, landscape planting between the church and future development on proposed Lot 4 is also considered necessary, to provide a physical and visual buffer between the heritage setting and future new buildings, as well as softening future development into the overall heritage streetscape and setting. It is acknowledged that the scale and design of the future dwellings is not yet known, so it could be argued that it is difficult to know which type of tree species will achieve the best outcome at subdivision stage. However, the purpose of the landscaping is to soften, rather than completely screen, therefore it is considered that a simple landscaping plan with a few tree plantings can be achieved at this stage to mitigate impacts.

It is noted that the NSW Rural Fire Service has conditioned what type of landscaping (species, sizing) is allowed given the bushfire constraints of the land, and this needs to be taken into account when preparing the landscape plan. Relevant conditions of consent are recommended to this effect.

Overall, subject to the above conditions, adverse heritage impacts can be reasonably mitigated.

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.

Council’s Development Engineer has reviewed the proposal and notes that the roadside drainage swale in Church Street will require upgrade so that stormwater can be sufficiently managed (swale from the boundary with the adjacent Church to the Sharp Street intersection). Furthermore, future development will need to be assessed to ensure stormwater is appropriately managed onsite and will not adversely impact downstream properties, groundwater or waterways (i.e. via future DAs).

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.

Water and power are available to the land and are adequate for the proposal. The NSW Rural Fire Service recommends reticulated water for bushfire purposes, and they have imposed conditions in regards to this matter.

On-site effluent management studies have been prepared by Envirowest for each of the proposed lots, which recommend two options; being a surface (dripped) or sub-surface irrigation with an irrigation area of 283 square metres and secondary wastewater treatment system; or a Wisconsin mound with a basal area of 130 square metres and septic treatment system with minimum capacity of 3,000L.

It is noted that the plans prepared by Envirowest set out the maximum treatment area required for the septic systems, and do not consider siting of a dwelling plus outbuildings and any buffers/landscaping to be achieved on each lot. However, these septic disposal areas are much larger than Council’s minimum recommended area required for each future dwelling and system, and as such, the future septic systems are likely to take up less space than depicted.

Overall, appropriate on-site sewer management can be achieved on each of the lots. Building envelopes as previously discussed will also ensure suitable land area is provided for each aspect of future development on the lots.

Each proposed new lot will require a new access to be constructed in accordance with council’s current standards, as well as urban property addressing. Council’s Development Engineer recommends relevant conditions of consent with regards to this matter, as well as connection to power and water (Central Tablelands Water). Stormwater upgrades are also required as detailed above.

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy (Resilience and Hazards) 2021

Chapter 4 - Remediation of Land

Pursuant to Clause 4.6 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 subject site is not known to have been used for any potentially contaminating land uses as listed under Table 1 of the contaminated land planning guidelines. Therefore, Council considers that the subject site is suitable for the proposed development without the need for further investigations or remediation.

State Environmental Planning Policy (Biodiversity and Conservation) 2021

Chapters 3 and 4 Koala Habitat Protection 2020 and 2021

Cabonne Shire 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 upon Koalas and their habitat for the following reasons:

· The subject land, in the vicinity of the proposed development, does not comprise core Koala habitat.

· 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.

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.

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

Planning Amendments for Agriculture

The NSW Department Planning, Industry and Environment is proposing changes to make it easier for farmers to use their land in new and innovative ways to complement their existing businesses. This includes tourism activities such as farm experiences, cellar doors and farm stay accommodation. Public exhibition closed on 19 April 2021 and changes are likely to come into effect July 2022.

Being in a RU5 Village zone and for a subdivision likely to be used for housing, this application is not impacted by the draft instrument.

Review of clause 4.6 of the Standard Instrument LEP

The NSW Department Planning, Industry and Environment exhibited an Explanation of Intended Effect (EIE) on the proposed amendments to clause 4.6 of the Standard Instrument LEP from the 31 March until 12 May 2021. The proposed revised clause 4.6 will ensure that applications to vary development standards have a greater focus on the planning outcomes of the proposed development and are consistent with the strategic context of the site, gives weight to the relevant planning objectives that have been developed by councils in consultation with communities, and ensures variations are considered in that context, via revised tests.

Under the proposed revised clause 4.6, the consent authority must be directly satisfied that the applicant’s written request demonstrates the following essential criteria in order to vary a development standard:

· the proposed development is consistent with the objectives of the relevant development standard and land use zone; and

· the contravention will result in an improved planning outcome when compared with what would have been achieved if the development standard was not contravened. In deciding whether a contravention of a development standard will result in an improved planning outcome, the consent authority is to consider the public interest, environmental outcomes, social outcomes or economic outcomes.

If appropriate, an alternative test may be developed to enable flexibility to be applied in situations where the variation is so minor that it is difficult to demonstrate an improved planning outcome, but the proposed variation is appropriate due to the particular circumstances of the site and the proposal.

As a draft it must be taken into consideration in the assessment, but it does not override current legislation and practice. It is possible that this change may ultimately not go ahead or may be in a different format.

The assessment concludes that the proposed variation meets the first bullet point above (consistent with objectives and standards/zones) though it is debatable whether it would meet bullet point 2 above, being an improved planning outcome. While the outcome achieved would be consistent with many of the existing lot sizes and hence character of the Cargo village, 3 lots are likely to have a lesser impact and hence a better planning outcome – the proposed 4 lot subdivision is recommended to have appropriate conditions applied to mitigate impact on adjoining heritage and rural uses. However, this is only a draft and the current rules prevail.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The application is considered to be ‘integrated development’ pursuant to Section 4.46 of the EP&A Act, as the land is mapped as being bushfire prone, and pursuant to Section 100B of the Rural Fires Act 1997, approval to subdivide land that could lawfully be used for residential purposes is required from the NSW Rural Fire Service (RFS).

Council referred the application to the RFS, who note that they were not able to verify the bushfire assessment submitted with the application, and as such, they undertook an independent assessment of the proposal to determine compliance with Planning for Bushfire Protection 2019.

RFS have issued a Section 100B approval and General Terms of Approval. Conditions of the approval include asset protection zones (APZ) and inner protection areas (IPA), landscaping restrictions within the APZ, and water, electricity, and gas provisions. These are attached as conditions of consent.

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

Development Control Plan

No Development Control Plans apply to the village zone. All relevant planning matters are addressed in the above LEP assessment, and “Likely Impacts” sections of this report.

Development Contributions

As the development application was lodged prior to Council’s adoption of the Section 7.12 Development Contributions Plan, bushfire contributions will be payable prior to the release of the Subdivision Certificate in accordance with Council’s Bushfire Contribution Plan. The current contribution rate is $433.20 for three additional allotments ($1,299.60).

No roads, water, or sewerage contributions are attributable to this development.

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

Demolition of a Building (clause 61(1))

The proposal does not involve the demolition of a building.

Fire Safety Considerations (clause 62)

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

Buildings to be Upgraded (clause 64)

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

BASIX Commitments (clauses 27 and 75)

BASIX is not applicable to the proposed development.

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

Visual and Heritage Impacts

As discussed in the LEP assessment section of this report, future development of the proposed lots has the potential to adversely impact the surrounding heritage setting. It is considered necessary to constrain the location of future development on the lots to ensure sufficient setbacks and separation can be achieved, via building envelopes as previously detailed.

Landscaping is also considered necessary between the listed church and future development on proposed Lot 4, to create a physical and visual buffer, as well as softening any future development into the setting.

Subject to these measures being implemented adverse visual and heritage impacts can be sufficiently mitigated. Relevant conditions of consent are attached.

Traffic Impacts

The proposal is considered to be satisfactory in terms of traffic impacts. The capacity of the local road network is sufficient to accommodate additional localised traffic generated by the subdivision and future dwelling houses. The proposed lot sizes can achieve suitable access, parking and manoeuvring arrangements for future development. New accesses need to be provided at subdivision stage, while parking and manoeuvring will be assessed via DAs for the future dwellings.

Environmental Impacts

The subject land is on the edge of the residential precinct of Cargo village and comprises vacant, cleared land. Significant vegetation, threatened species or ecological endangered communities or their habitats are unlikely to be present. The site is not in proximity to any waterway, drinking water catchment, or environmentally sensitive area.

Stormwater upgrades are required in Church Street to ensure run-off is appropriately managed as previously discussed. Subject to conditions of consent, adverse environmental impacts are unlikely.

Cumulative Impacts

Subject to building envelopes and landscaping as previously discussed, the proposal will be reasonably consistent with the established neighbourhood character. The proposed lot sizes will provide a reasonable standard of residential amenity for future dwellings, and will not compromise residential or rural amenity of neighbours.

The relevant requirements of Clause 4.6 variation to the minimum lot size standard can be satisfied, as set out in the LEP assessment section of this report.

The development will contribute to the availability of residential land in Cargo in a manner that is consistent with the established village. Overall, adverse cumulative impacts are considered unlikely.

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

The proposed development is located in the RU5 Village zone and is permissible with the consent of Council. The suitability of the site has been addressed in the above sections of the report. Subject to conditions of consent relating to building envelopes and landscaping as previously discussed, it is considered that the proposed development is unlikely to result in significant impacts on the context and setting of the area; will not detrimentally affect adjoining land or the heritage setting of the adjacent listed items; and is unlikely to lead to land use conflict.

Recommended conditions of consent will ensure that other potential impacts can be suitably managed and mitigated.

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 Cabonne Council Community Participation Plan 2019 (CPP). The application was advertised for the prescribed period of 14 days and at the end of that period one (1) submission was received.

The submission raises concerns in relation to the proposed lot sizes being too small; the road frontages being too narrow; the lots not being consistent with other lots in Cargo; and impacts to outlook and land value.

Staff Comments: These matters have been addressed in detail in the LEP assessment and “Likely Impacts” sections of this report. It is considered that the proposed lot sizes are consistent with the pattern of surrounding development, and can each provide a reasonable area for future development of the land (i.e. future dwellings and associated infrastructure) without compromising a neighbour’s amenity.

Land value is not a planning consideration, and as such, no comments have been made in regard to this matter.

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 or guidelines that have not been considered in this assessment.

The LEP Clause 4.6 variation is considered to be in the public interest, as discussed previously in this report.

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, and satisfies the requirements to vary the minimum lot size development standard, subject to mitigation measures. 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 21 - DEVELOPMENT APPLICATION 2023/0031 - 4000 BELUBULA WAY MOORBEL - 4.6 VARIATION AND DWELLING

REPORT IN BRIEF

Reason For Report	4.6 VARIATION AND DWELLING
Policy Implications	NIL
Budget Implications	NIL
IPR Linkage	3.1.1.1a - Receive and assess Development Applications.
Annexures	1. DRAFT CONDITIONS OF CONSENT DA 2023 0031 - 4000 BELUBULA WAY MOORBEL.pdf ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2023\03-2023-0031 - 1484295

Recommendation

THAT:

(1) Development Application 2023/0031 for a dwelling house at Lot 2 DP1285910, 4000 Belubula Way, Moorbel, be granted consent subject to the conditions attached, and

(2) That the request submitted under s4.6 of the Cabonne LEP 2012 to vary the minimum lot size standard from 100ha to 97.88ha is supported.

Department Leader - Development 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 the development application submitted for a residential detached two (2) storey dwelling with attached garage described as Lot 2 DP 873532, known as 4000 Belubula Way, Moorbel.

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

Applicant: Mr Paul Mckenzie

Owner: Mr Paul Mckenzie

Proposal: Detached Residential two (2) storey dwelling with attached garage

Location: Lot 2 DP 1285910, known as 4000 Belubula Way, Moorbel.

Zone: RU1 Primary Production

PROPOSED DEVELOPMENT

Council's consent is sought for the construction of new detached two (2) storey dwelling and garage. The proposed dwelling will be 72m x 27.99m with a maximum eave height of 5.59m and a maximum apex height of approximately 9m. External finishes will include face brick work for walls and select “colorbond” roof cladding.

To enable the proposed development to proceed the proponent has applied to council for a variation to the minimum lot size provision of 100ha. Consent is sought for the variation to clause 4.6 of the Cabonne Local Environmental Plan (CLEP 2012). The subject site has an area of 97.88ha where it requires a minimum 100ha. As per clause 4.6 of the CLEP 2012 a 10% variation to the 100ha minimum lot size can be undertaken subject to approval by council. The proposed percentage of this variation is 2.12% thus fitting into the allowable variation amount. The proposed variation will have minimal impact to the use of the land.

Figure 1 – Elevations

SITE

The subject site is located to the north of Belubula way and approximately 245m from the Cowra Shire Council border. There are no existing buildings onsite. The land is predominately used for crop and livestock production zoned RU1 Primary Production with an area of 97.88ha.

AERIAL IMAGERY

MapDescription automatically generated

PREVIOUS APPROVALS

· Nil

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 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);

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

· Trigger 4: development proposed to occur in an Area of Outstanding Biodiversity Value (clause 7.2 of BC Act 2016). No areas are known to occur in the Local Government Area.

Comment:

The land does occur on the NSW Biodiversity Map (Trigger 1).

The proposal does not involve clearing of native vegetation (Trigger 2).

The proposal is not likely to significantly affect threatened species (Trigger 3).

Overall, the development does not trigger the need for a Biodiversity Development Assessment Report under the Biodiversity Conservation Act 2016.

Section 4.14 Bushfire Assessment

The subject land has been identified as ‘Bushfire Prone Land’. The proposed development has been assessed pursuant to Section 4.14 of the Environmental Planning and Assessment Act 1979, which requires the development to comply with Planning for Bushfire Protection 2019 (PBP 2019) prepared by the NSW Rural Fires Service. In accordance with the Planning for Bushfire Protection, the RFS is not required to be notified and Council can proceed to determine the bushfire risk.

The applicant has submitted a “Bushfire Assessment Report” within the Statement of Environmental Effects which concludes the land has a Bushfire Attached Level (BAL) of 29.

Comment: The staff assessment accepts with the submitted report. Conditions are attached to ensure the proposed development complies with and is constructed to Australian Standard AS3959-2009, the Building Code of Australia requirements relating to construction in bushfire prone areas and Planning for Bushfire Protection 2019.

Section 4.15

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

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

Cabonne Local Environmental Plan 2012

Part 1 - Preliminary

Clause 1.2 - Aims of Plan

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