18 October 2023

 

NOTICE OF Ordinary Council Meeting

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 24 October, 2023 commencing at 2:00PM, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

Yours faithfully

BJ Byrnes

GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Resolve into Committee of the Whole

a)    Consideration of Called Items

b)    Consideration of Closed Items

5)      Adoption of Committee of the Whole Report

 

Please be advised that this Council meeting is being recorded and live streamed. By speaking at this meeting, you agree to being recorded and live streamed. Please ensure that if and when you speak you are respectful to others and use appropriate language at all times. Cabonne Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this meeting. The recording of this meeting will be made publicly available on Council’s website.

 


 

ATTENDEES – OCTOBER 2023 COUNCIL MEETING

 

 

2:00PM

October Youth of the Month – Abby Armstrong

2:30PM

Molong Branch Librarian -  Margaret Lamerton – recognition of retirement after 19 years of service.

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

COUNCIL’S MISSION & VISION
The Cabonne Local Government Area is thriving, caring, and vibrant.
 
Our Cabonne community recognise and acknowledge our rich culture, heritage, and history.
 
We strive to protect and value our environment, and the rural aspects of the region.
 
We recognise that we need to ensure all members of our community have access to the services and support required to be successful.


Despite being made up of a number of towns, villages, and localities, we recognise that we need to work together to achieve great things for our wider Cabonne community.
 
Where one community succeeds – we all succeed.

We are Cabonne.

 

 

 

 

 

 

         

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 24 October, 2023

Page 1

TABLE OF CONTENTS

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 4

ITEM 2      DECLARATIONS OF INTEREST....................................................... 4

ITEM 3      DECLARATIONS OF POLITICAL DONATION................................ 5

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 5

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 6

ITEM 6      CONFIRMATION OF THE MINUTES................................................. 7

ITEM 7      DRAFT LOCAL APPROVALS POLICY............................................ 7

ITEM 8      CHILD SAFE ORGANISATION........................................................... 9

ITEM 9      DRAFT ROAD VERGES POLICY....................................................... 9

ITEM 10    CABONNE HOME SUPPORT AND LIBRARY, CANOWINDRA FUNDING APPLICATIONS................................................................................... 10

ITEM 11    COMMUNITY ASSISTANCE PROGRAM....................................... 12

ITEM 12    VILLAGE ENHANCEMENT FUND 2023-24................................... 16

ITEM 13    EXEMPTION TO THE  ALCOHOL-FREE ZONE IN CANOWINDRA AND THE ALCOHOL PROHIBITED AREA AND ALCOHOL FREE ZONE AT MOLONG FOR CHRISTMAS IN THE VILLAGE EVENTS....................................... 19

ITEM 14    REQUEST FOR REFUND - MOLONG CAMPDRAFT.................. 21

ITEM 15    ST JOSEPHS SCHOOL MOLONG SPRING FETE...................... 22

ITEM 16    PROPOSED ROAD RESERVE PURCHASE WITHIN LOT 12 DP616527   22

ITEM 17    CONFIRMATION OF POOLS ADVISORY COMMITEE MEETING MINUTES     24

ITEM 18    DEVELOPMENT APPLICATION 2023/93 STORAGE SHED AT LOT 1 SECTION 49 DP 758643 AND LOT 400 DP 133101, 55 KIEWA STREET, MANILDRA      26

ITEM 19    DEVELOPMENT APPLICATION 2023/130 FOR ALTERATIONS AND ADDITIONS TO DWELLING AT LOT 1 DP 560417, 34 MAIN STREET, CUDAL   30

ITEM 20    DEVELOPMENT APPLICATION 2023/187 - 1554 PEABODY ROAD, MOLONG................................................................................................................. 34

ITEM 21    QUESTIONS FOR NEXT MEETING................................................ 50

ITEM 22    BUSINESS PAPER ITEMS FOR NOTING...................................... 51

ITEM 23    MATTERS OF URGENCY................................................................. 51

ITEM 24    COMMITTEE OF THE WHOLE SECTION OF THE MEETING... 52

Confidential Items

 

Clause 240(4) of the Local Government (General) Regulation 2005 requires Council to refer any business to be considered when the meeting is closed to the public in the Ordinary Business Paper prepared for the same meeting.  Council will discuss the following items under the terms of the Local Government Act 1993 Section 10A(2), as follows:

 

ITEM 1      CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE

Procedural

ITEM 2      ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 3      AUDIT, RISK AND IMPROVEMENT COMMITTEE - MEETING MINUTES

Procedural

ITEM 4      REQUEST FOR CONSIDERATION OF WATER CONSUMPTION CHARGES

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 5      S1_2023 SUPPLY AND DELIVERY OF ROAD SIGNS

(d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it   

 

ANNEXURE ITEMS

 

ANNEXURE 6.1    September 26 2023 Ordinary Council Meeting Minutes       53

ANNEXURE 6.2    October 10 Infrastructure (Transport) Committee Meeting Minutes............................................................. 70

ANNEXURE 6.3    10 October 2023 Community, Economy & Culture Committee Meeting Minutes............................................................. 74

ANNEXURE 7.1    Draft Local Approvals Policy............................ 79

ANNEXURE 8.1    Draft - Child Safe Policy - Strategic............... 84

ANNEXURE 9.1    Draft - Roads Verges Policy................................. 90

ANNEXURE 11.1  Canowindra Connections Centre...................... 95

ANNEXURE 11.2  Canowindra Garden Club........................................ 99

ANNEXURE 11.3  Cumnock and District Progress Association 103

ANNEXURE 11.4  Cumnock Campdraft................................................. 107

ANNEXURE 11.5  Cumnock Show Society........................................... 111

ANNEXURE 11.6  CWA of NSW Canowindra........................................ 115

ANNEXURE 11.7  Molong Historical Society Inc.......................... 123

ANNEXURE 11.8  Rotary Club Molong................................................ 131

ANNEXURE 11.9  Mullion Creek and District Progress Association   144

ANNEXURE 11.10.................................................. Nashdale Lidster Hall     148

ANNEXURE 11.11......................................... Yeoval Historical Society     156

ANNEXURE 11.12................................................... Yeoval Memorial Hall     160

ANNEXURE 11.13.................... Age of Fishes Museum's Association     164

ANNEXURE 11.14............. Canowindra Showground Racecourse     187

ANNEXURE 12.1  Nashdale VEF application..................................... 191

ANNEXURE 12.2  NCC minutes_230718..................................................... 192

ANNEXURE 12.3  Mullion Creek VEF application.......................... 199

ANNEXURE 12.4  Quote - Mullion Creek Progress Assoc...... 200

ANNEXURE 12.5  Maintenance Report for MCDPA Mtg 9Oct23 202

ANNEXURE 12.6  Extract Gen meeting minutes - Sep 2023........ 204

ANNEXURE 17.1  PAC OCT 2023 (1).............................................................. 205

ANNEXURE 17.2  Cabonne Council Pools Advisory Committee 2023-10-10 [2335] Minutes.................................................................. 217

ANNEXURE 18.1  DA 2023-93 - Draft Reasons for Refusal - 55 Kiewa Street                                                                                                 221

ANNEXURE 19.1  DA 2023-130 - Draft Reasons for Refusal - 34 Main St 222

ANNEXURE 20.1  DRAFT CONDITIONS OF CONSENT - 1554 Peabody Road Molong                                                                                                 223

 


 

 

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 - 1605592

 

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 - 1608544

 

RECOMMENDATION

 

THAT the Declarations of Interest be noted.

 

 


 

 

General Manager's REPORT

 

A call for Declarations of Interest.

 

 

ITEM 3 - DECLARATIONS OF POLITICAL DONATION

REPORT IN BRIEF

 

Reason For Report

To allow for an opportunity for councillors to declare any political donation 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 - 1608545

 

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 - 1608548

 

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 - 1605594

 

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.  September 26 2023 Ordinary Council Meeting Minutes

2.  October 10 Infrastructure (Transport) Committee Meeting Minutes

3.  10 October 2023 Community, Economy & Culture Committee Meeting Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2023 - 1604963

 

Recommendation

 

THAT the minutes of the following meetings be adopted;

1.   Ordinary Council meeting held on 26 September 2023;

2.   Infrastructure (Transport) Committee meeting held on 10 October 2023;

3.   Community, Economy & Culture Committee meeting held on 10 October 2023.

 

 

General Manager's REPORT

 

The following minutes are attached for adoption:

 

1.   Ordinary Council meeting held on 26 September 2023;

2.   Infrastructure (Transport) Committee meeting held on 10 October 2023;

3.   Community, Economy & Culture Committee meeting held on 10 October 2023.

 

 

 

ITEM 7 - DRAFT LOCAL APPROVALS POLICY

REPORT IN BRIEF

 

Reason For Report

Seeking council resolution to exhibit the draft plan for 42 days

Policy Implications

Creation of a new policy

Budget Implications

Nil

IPR Linkage

3.1.1.1a - Receive and assess Development Applications.

Annexures

1.  Draft Local Approvals Policy    

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\PLANNING\VILLAGE STRATEGIES - 1607023

 

RECOMMENDATION

 

THAT council endorses the draft Local Approvals Policy for public exhibition of 42 days.

 

 

 

Deputy General Manager - Cabonne Services REPORT

 

In response to the 2022 floods that impacted the Cabonne Council area up to 141 applications have been made for emergency pod accommodation, with 97 pods currently installed. Emergency accommodation was also provided via caravan placement with 137 caravans initially installed across the shire with 20 caravans still remaining in use.

 

The recovery pods allowed individuals and families to reside on their own property in these temporary structures. This enabled the affected individuals and families to stay within their communities. There are currently 97 of these recovery pods within the Cabonne Council LGA. Changes to the Local Government Regulations were made to permit these temporary structures for up to two years, however this period will progressively cease from February 2025.

 

Extenuating circumstances such as COVID-19, lengthy delays in insurance claims, and the shortage of construction materials and trade workers have impacted the ability of the recipients of the recovery pods, delaying their rebuild. The state government has contacted council, requesting that council adopt a Local Approvals Policy that would allow the recovery pods to remain on the current properties beyond the initial two years.

 

A Local Approvals Policy controls activity under Section 68 of the NSW Local Government Act. Section 68 identifies works that are exempt; and specifies which works require approval through an activity application and outlines criteria for consideration in the approval or activity applications.

 

It has been identified that of the 97 current Recovery Pod recipients within the Cabonne area that many recipients may require longer than the two-year limit to finalise their rebuilds. The State government has requested that council adopts a Local Approvals Policy that would allow the emergency housing pods to remain on properties beyond their two-year lease to support the transition of recipients into permanent accommodation. The additional two-year extension was decided on to provide the most practical support for the recipients.

 

The lease extension of these recovery pods will support the compliance of the recipients as they continue with the rebuilding and recovery process. Evidence of progress to the recipient’s rebuilds will be required at the 12-month mark to ensure that the rebuilds are on track and forms part of the lease agreement between the parties and the Reconstruction Authority NSW.

 

Legislation requires that the draft policy be publicly exhibited for 28 days and is open for submissions for 42 days following the date it is placed on public exhibition and needs to obtain the consent of the Departmental Chief Executive before adoption.

 

The policy will be reported back to the council for adoption following the consideration of any submissions made during public exhibition.

 

 

ITEM 8 - CHILD SAFE ORGANISATION

REPORT IN BRIEF

 

Reason For Report

For council to adopt the Child Safe Policy (Strategic)

Policy Implications

New Strategic policy to be implemented.

Budget Implications

Nil

IPR Linkage

1.2.1.1e - Monitor and review Council's policies.

Annexures

1.  Draft - Child Safe Policy - Strategic    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 1607142

 

RECOMMENDATION

 

THAT council adopt the Child Safe Policy (Strategic).

 

 

Department Leader - Governance & Corporate Performance's REPORT

 

The Draft Child Safe Policy (Strategic) has been on public exhibition from 30 August 2023 to 27 September 2023, with no comments being received by the close of the public notification phase. This draft policy was initially reported to council on 22 August 2023 and a copy of the draft policy is annexed.

 

Given there has been no objections to the policy contents, it is recommended that council adopt the Child Safe Policy.

 

 

ITEM 9 - DRAFT ROAD VERGES POLICY

REPORT IN BRIEF

 

Reason For Report

For council to adopt the draft Road Verges Policy

Policy Implications

New Policy

Budget Implications

Nil

IPR Linkage

2.2.2.1a - Undertake footpath routine maintenance.

Annexures

1.  Draft - Roads Verges Policy    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 1606964

 

RECOMMENDATION

 

THAT council adopt the Road Verges Policy.

 

 

 

Department Leader - Governance & Corporate Performance's REPORT

 

The Draft Road Verges Policy has been on public exhibition from 29 August 2023 to 26 September 2023, with no comments being received by the close of the exhibition phase. This draft policy was initially reported to council on 22 August 2023 and is annexed.

 

Given there has been no objection to the policy contents, it is recommended that council adopt the Road Verges Policy.

 

 

ITEM 10 - CABONNE HOME SUPPORT AND LIBRARY, CANOWINDRA FUNDING APPLICATIONS

REPORT IN BRIEF

 

Reason For Report

To seek council endorsement of funding applictions to support the redevelopment of the Cabonne Home Support and Library at Canowindra

Policy Implications

Nil

Budget Implications

Seeking up to $1,569,988 in funding from NSW and Federal Government grant programs, plus additional grant funding.

IPR Linkage

4.1.6.1b - Capitalise on Key Funding Programs.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE - GENERAL\CANOWINDRA HACC BUILDING REHABILITATION PROJECT - 1609987

 

RECOMMENDATION

 

THAT council:

1.   Approve expenditure of $1,069,988 under the Federal Government’s Local Roads and Community Infrastructure Fund,

2.   Apply for up to $500,000 in funding through the NSW Government’s 2023/24 Public Library Infrastructure Grant when applications sought, and

3.   Approve seeking additional grant funding opportunities to support the refurbishment of the Cabonne Home Support area.

 

 

 

Leader - Community and Economy REPORT

 

BACKGROUND

 

Council officers have commenced the detailed planning for the refurbishment of the Cabonne Home Support office and library building located in Gaskill Street, Canowindra. This includes the development of concept designs and consultation with key stakeholders.

 

The refurbishment project seeks to address several building condition issues which include rising damp, electrical wiring, asbestos and removal of rotted timber supports. These issues have given rise to serious workplace safety concerns and need rapid action to isolate staff away from the risk.

 

Work required will be significant, and the initial quantity surveyor’s opinion of probable costs is in excess of $2.1m.

 

To progress the project planning and design, destructive testing is required to some parts of the building to confirm structural integrity and extent of works required.

 

Local Roads and Community Infrastructure (LRCI) Program

 

Council has received a funding allocation under the Federal Government’s Local Roads and Community Infrastructure Program of $2,046,045.

The objectives of the Local Roads and Community Infrastructure (LRCI) Program is to support Australian councils to deliver priority local road and community infrastructure projects in their region, creating jobs and long-lasting benefits for communities.

The funding has been apportioned to three separate projects being new Change Room facilities at Jack Huxley Oval, Cargo Road (Coffee Hill) project and the Cabonne Home Support office and library in Canowindra.

Council at its meeting dated 26 September 2023 resolved to allocate $223,782 from the available LRCI program to partly fund the new changerooms at Jack Huxley Oval in Manildra.

The Local Roads and Community Infrastructure program had a component of $746,275 which is apportioned to be spent on roads infrastructure. Council Officers have directed this component to the Cargo Road (Coffee Hill) project which will see widening and rehabilitation works. This project has been a continual concern with deterioration over the past three years.

The balance of these funds ($1,069,988) is suggested to be directed to support building works required to begin the refurbishment of the Cabonne Home Support office and library building. The works include the relocation of toilet facilities, and structural works.

Public Library Grants

The NSW Government’s Public Library Grants of up to $500,000 are for projects that will assist NSW councils to improve public library infrastructure, such as buildings, spaces and information technology (including digitisation projects).

The grants process is competitive, and each application is assessed on merit.

Council’s project scope for funding under the Public Library Grants, would enable an internal fit-out of the Central West Libraries Canowindra Branch, as well as support fit out of a community meeting room, foyer, and office space.

The Public Library Grant application closes on Friday, 27 October 2023.

Additional Grant Funding Options

Initial cost estimates for the refurbishment have indicated the work may be in excess of $2.1m, therefore council will need to seek additional grant funding options to complete the fit-out to support the Home Support services provided.

This includes the provision of fridge and freezers required for the Meals on Wheels Service, and additional office space fit-outs.

Given the often-tight timeframes for completion of grant applications, council staff are seeking approval to pursue additional funding for the works required to complete the refurbishment of the Home Support area.

Any grant applications sought would be in line with the probable cost estimate provided by the initial quantity surveyor.

Funding sources may include grants under the NSW Government’s Department of Health and Age Care. 

 

 

ITEM 11 - COMMUNITY ASSISTANCE PROGRAM

REPORT IN BRIEF

 

Reason For Report

To consider projects for funding under Council's 2023-24 Community Assistance Program

Policy Implications

Nil

Budget Implications

Possible $58,323.29 expenditure from $68,421 (excluding overheads) allocated in Council's Budget for the 2023-24 Community Assistance Program

IPR Linkage

4.1.3.2b - Support local events, culture, and festivals and promote local villages - including through the provision of sponsorship opportunities and seeking grant funding.

Annexures

1.  Canowindra Connections Centre

2.  Canowindra Garden Club

3.  Cumnock and District Progress Association

4.  Cumnock Campdraft

5.  Cumnock Show Society

6.  CWA of NSW Canowindra

7.  Molong Historical Society Inc

8.  Rotary Club Molong

9.  Mullion Creek and District Progress Association

10.Nashdale Lidster Hall

11.Yeoval Historical Society

12.Yeoval Memorial Hall

13.Age of Fishes Museum's Association

14.Canowindra Showground Racecourse    

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY ASSISTANCE PROGRAM 2023-2024 - 1609449

 

RECOMMENDATION

 

THAT Council endorse the following:

1.   Applications 1 through 13 of the listed projects be approved, and

2.   That staff provide a report to council around options to increase funding for round two, and

3.   That staff review the Community Assistance Program guidelines to include a funding cap of $5,000 for future program rounds.

 

 

Leader - Community and Economy REPORT

 

Council allocated $68,421 in its current budget for the 2023-24 Community Assistance Program (CAP). Not-for-profit community groups were invited to apply for community-related projects on non-commercial facilities which provide ongoing or sustainable benefits to Cabonne communities.

 

Grants are allocated on a 50:50 basis, but communities can provide their half of the funding through voluntary labour or in-kind contributions. Council received 14 applications for projects totaling $66,164.58.

 

Analysis of the following applications is provided for consideration:

 

Application 2

 

The Canowindra Garden Club has applied for $4,176.58 to improve Canowindra parks including installation of furniture at the Belubula River precinct (located between the caravan park and the river)

 

The total cost of the Canowindra Garden Club project is $5,136.58. The CAP guidelines state that applicants must contribute at least 50% of the total project cost. Therefore, the total amount that the Canowindra Garden Club can apply for through CAP is $2,568.29.

 

The Community, Economy and Culture Committee asked that council staff discuss this project with the applicant, noting that the location of the furniture is in a flood area, and that the requested furniture is not suitable for a known flood area.

 

It is recommended that funding of $2,568.29 be approved subject to the Canowindra Garden Club working with council staff to determine appropriate furniture for the area. This is noted in the table below.

 

Application 14

 

Canowindra Showground Racecourse Land Managers has applied for $5,273 to install a fireproof door to support the establishment of a private gym business in the empty space under the grandstand.

 

The CAP Guidelines state that projects that are for private commercial ventures will not be considered. The funding requested in this application is directly related to supporting a private business, and therefore, despite being submitted by a not-for-profit organisation, this project is not eligible for funding.

 

 

The recommended actions for this round of CAP funding is as follows:

 

 

 

Applicant

 

 

Project

Funding Requested

Total Project cost

Funding Recommended

Co-Contribution

1

Canowindra Connections Centre

Connections Community Meals

$6,300

$12,600

$6,300

Cash

2

Canowindra Garden Club

Canowindra Parks Improvement Project 2025 and Beyond

$4,176.58

$5,136.58

$2,568.29*

Cash

3

Cumnock and District Progress Association Inc

Cumnock Swimming Pool Cover

$4,000

$8,000

$4,000

Cash 

4

Cumnock Campdraft Committee

Cumnock Storage Solutions

$7,700

$15,425

$7,700

Cash

5

Cumnock Show Society Inc

Cumnock Show Ground Horse/Sheep Arena Improvements

$7,000

$14,000

$7,000

Cash

6

CWA of NSW Canowindra

Double Wall Oven for Catering

$3,909

$7,818

$3,909

Cash

7

Molong Historical Society

Blinds for the Veranda

$4,125

$8,250

$4,125

Cash

8

Molong Rotary Club

Molong Walks - Reprint of Brochures

$1,117

$2,234

$1,117

Cash

9

Mullion Creek and District Progress Association Inc

Community BBQ Facility Upgrade

$4,285

$8,569

$4,285

Village Enhancement Fund

10

Nashdale Lidster Hall

Facility Refurbishment to Outdoor Cooking Facilities Staffed by Volunteers at Community Events

$7,535

$19,135

$7,535

Village Enhancement Fund

11

Yeoval Historical Society

Buckinbah Park Upgrade

$2,644

$5,288

$2,644

Cash

12

Yeoval Memorial Hall

Table Upgrades

$3,100

$6,600

$3,100

Cash

13

Age of Fishes Museum Association

105 Piece Big Blue Block set

$5,000

$10,165.45

$5,000.00

Cash

14

Canowindra Showground Racecourse Land Managers

Gym and Fitness area

$5,273

 

$11,960.19

$0.00

Cash

TOTAL

$66,164.58

$135,181.22

$58,323.29

 

 

* Funding approved subject to the Canowindra Garden Club working with council staff to determine appropriate furniture for the area.

 


 

 

Community Assistance Program 2022-23 - Round Two

 

Similar to previous rounds of the Community Assistance Program, the value of total applications received indicates that this program is significantly oversubscribed. Should the applications listed above be funded, this will leave $10,097.71 to accommodate a much smaller round in early 2024.

 

The Community, Economy and Culture Committee has requested that council staff provide a report to council around possible funding options to increase the CAP budget for Round Two.

 

In addition, the Community, Economy and Culture Committee have suggested that a limit of $5,000 be placed on future CAP Rounds. Under the current CAP guidelines, applicants must contribute at least 50% of the total project cost. Applicant’s contributions can be above 50% if required for the project (e.g. by utilising cash, Village Enhancement Funding, voluntary labour, etc.), however council’s CAP contribution would be limited to a maximum of $5,000.

 

 

This Report has been endorsed by the Community, Economy and Culture Committee

 

 

ITEM 12 - VILLAGE ENHANCEMENT FUND 2023-24

REPORT IN BRIEF

 

Reason For Report

To consider projects for funding under council's 2023-2024 Villge Enhancement Fund.

Policy Implications

Nil

Budget Implications

Possible $10,585 expenditure from $252,000 allocation in councils budget for the 2023-24 Village Enhancement Fund.

IPR Linkage

4.1.3.2b - Support local events, culture, and festivals and promote local villages - including through the provision of sponsorship opportunities and seeking grant funding.

Annexures

1.  Nashdale VEF application

2.  NCC minutes_230718

3.  Mullion Creek VEF application

4.  Quote - Mullion Creek Progress Assoc

5.  Maintenance Report for MCDPA Mtg 9Oct23

6.  Extract Gen meeting minutes - Sep 2023    

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\VILLAGE ENHANCEMENT FUND - 1609971

 

 

RECOMMENDATION

 

THAT council approve Mullion Creek and District Progress Association and Nashdale Consultative Committee accessing $10,585 from the Village Enhancement Fund.

 

 

Leader - Community and Economy REPORT

 

Council allocated $84,000 in its current budget for the 2023-24 Village Enhancement Fund, a program to which peak community organisations could apply for grants for local projects. As funding under the Village Enhancement Fund has rolled over in the 2021-22, 2022-23, 2023-24 budgets, councils total funding allocation to the Village Enhancement Fund is $252,000. 

 

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 are available by application to council in line with the policy and guidelines, with the funds used on council assets and or public good supported by the local communities concerned.

 

Mullion Creek and District Progress Association (the Association) are requesting $4,285 in funding to upgrade their bbq facilities located at the Mullion Creek common area. 

 

The current single bbq plate is old and requires replacing. The Association is seeking to replace the existing plate, as well as add a second plate to the facility.

 

The area is used regularly by the community for events, as well as providing services to visitors to the area. The Association’s volunteers contribute a great amount of time to maintain the area, to ensure it is a place for community to socialise and connect.

 

The Association is also seeking $4,285 through the Community Assistance Program. 

 

Nashdale Consultative Committee (the Committee) are requesting $6,600 in funding to replace and refurbish the outdoor cooking facilities at the Nashdale Hall.

 

The works would include equipment replacement including new bbq facilities, improved lighting, and ventilation.

 

The facility is the only community infrastructure for the Nashdale-Lidster area and is regularly used for community events, as well as available for private hire. 

 

The Nashdale Lidster Public Hall Inc. is also seeking $7,535 through the Community Assistance Program. The Nashdale Sports and Social Club is contributing $1,000 to the project, and the community will also be undertaking voluntary labour to complete the project works.

 

The funding request of $6,600 from the Committee is above the $6,300 allocation in Village Enhancement Funding available, hence the recommendation of $6,300. This has been communicated to the Committee.

 

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

 

Location

Applicant

Project

Funding Requested

Total project cost

1

Mullion Creek

Mullion Creek and District Progress Association

 

BBQ facility upgrade

$4,285

$8,569

2

Nashdale

Nashdale Consultative Committee

Refurbishment of outdoor kitchen

$6,300

$19,135

 

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

 

Location

Annual Funding Allocation

Total Funding Available (over 3-years)

Funding Requested

Funding Allocated to date

Funding Remaining

Molong

$19,530

$58,590

 

$14,212.50

$44,377.50

Canowindra

$19,530

$58,590

 

$19,530 (Note: not paid due to postponement of event)

$58,590

Eugowra

$6,720

$20,160

 

$709.50

$19,450.50

Manildra

$6,720

$20,160

 

$11,432

$8,728

Cargo

$5,040

$15,120

 

$7,695

$7,425

Cudal

$5,040

$15,120

 

$1,000

$14,120

Cumnock

$5,040

$15,120

 

$5,040

$10,080

Yeoval

$5,040

$15,120

 

$5,000

$10,120

Mullion Creek

$5,040

$15,120

$4,285

 

$10,835

Borenore

$2,100

$6,300

 

 

$6,300

Nashdale

$2,100

$6,300

$6,300

 

$0

Spring Hill

$2,100

$6,300

 

 

$6,300

Total

$84,000

$252,000

$10,585

$45,089

$196,326

 

 

ITEM 13 - EXEMPTION TO THE  ALCOHOL-FREE ZONE IN CANOWINDRA AND THE ALCOHOL PROHIBITED AREA AND ALCOHOL FREE ZONE AT MOLONG FOR CHRISTMAS IN THE VILLAGE EVENTS.

REPORT IN BRIEF

 

Reason For Report

To release the restriction for the alcohol-prohibited area and the alcohol-free zones for Gaskill Street, Canowindra, and Bank Street Molong, for Christmas Shopping Night events.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.1.3.2b - Support local events, culture, and festivals and promote local villages - including through the provision of sponsorship opportunities and seeking grant funding.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\EVENT MANAGEMENT\EVENT NOTIFICATION 2023-2024 - 1598617

 

RECOMMENDATION

 

THAT council:

1.   Agrees for the request from the Canowindra Progress Association to suspend the alcohol-free zone for Gaskill Street, Canowindra, including road reserve/footpath for the 2023 Canowindra Christmas Shopping Night,

2.   Agrees for the request from the Molong Advancement Group to suspend the alcohol-free zone in Bank Street, Molong, including road reserve/footpath, and the alcohol prohibited zone over the Molong Village Green for the 2023 Molong Christmas Shopping Night, and

3.   Advertises these changes in the Molong Express, Central Western Daily, The Canowindra News and Canowindra Phoenix prior to the events.

 

 

Leader - Community and Economy's REPORT

 

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

 

1.   Canowindra Shopping Night

 

Council has received a request from the Canowindra Progress Association to have the alcohol-free zone status of Gaskill Street, Canowindra lifted.  The proposed date and time for the request is Friday, 24 November 2023 between 5pm – 9pm. 

 

Under the Alcohol Control in Public Places Policy Council established an alcohol-free zone in Canowindra in Gaskill Street from Ferguson Street to Tilga Street and the area from Gaskill Street to and including the Swinging Bridge.

 

A Development Application is currently under review with the proposed event time (including set up and pack down) from 4pm – 9.30pm. Licensing for the selling and consumption of alcohol will only be permitted during the hours of 5pm - 9pm.

 

Consultation with the Chifley Police District will be undertaken with an approval letter to be obtained with police conditions.  A copy of the Alcohol Management Plan has been provided. The Licensing Officer will be advised of the date of the proposed event.

 

2.   Molong Christmas Shopping Night

 

Council has received a request from the Molong Advancement Group to have the alcohol-free zone status of Bank Street and the Village Green in Molong lifted. The proposed date and time for the request is Friday, 1 December 2023 between 5pm – 9pm. 

 

Under the Alcohol Control in Public Places Policy Council established an alcohol-free zone in Bank Street from Edward Street to the Mitchell Highway, and an alcohol prohibited zone over the Village Green.

 

A Development Application was lodged in 2020 for five years (DA 2021/0106) for an event time from 4pm – 10pm (including set up and pack down). Licensing for the selling and consumption of alcohol will only be permitted during the hours of 5pm - 9pm.

 

Consultation with the Canobolas Local Area Command will be undertaken with an approval letter to be obtained with police conditions.  A copy of the Alcohol Management Plan has been provided. The Licensing Officer will be advised of the date of the proposed event.

 

The Local Government Act 1993 (NSW), s645 of the act allows:

 

 Suspension or cancellation

(1)  The council may, at the request of any person or body or of its own motion, suspend the operation of an alcohol-free zone by publishing notice of the suspension in a manner that the council is satisfied is likely to bring the notice to the attention of members of the public in the area as a whole or in a part of the area that includes the zone concerned.

(2)  During the period indicated in such a notice as the period of suspension, the zone does not operate as an alcohol-free zone.

(3)  In like manner the council may at any time cancel the operation of an alcohol-free zone.

 

Under the Act, the council may suspend the alcohol-free zone and the alcohol prohibited zone by publishing notice of the suspension.

 

Should council agree to support the above requests, the changes will be formally advertised in the Canowindra News, Canowindra Phoenix, Molong Express and Central Western Daily prior to the event taking place, the cost of which is to be met by the event organisers.

 

The recommendation was endorsed by the Community, Economy and Culture Committee at its meeting held on 10 October 2023.

 

 

ITEM 14 - REQUEST FOR REFUND - MOLONG CAMPDRAFT

REPORT IN BRIEF

 

Reason For Report

Request for refund of hire of portable toilet blocks for the weekend event on 20-21 October 2023.

Policy Implications

Nil

Budget Implications

To be funded from existing s.356 budget allocation.

IPR Linkage

4.1.3.2b - Support local events, culture, and festivals and promote local villages - including through the provision of sponsorship opportunities and seeking grant funding.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2023 - 1609483

 

RECOMMENDATION

 

THAT council endorse a refund of $1,000 to the Molong Campdraft Committee for the hire of portable toilet blocks.

 

 

Department Leader - Urban Infrastructure's REPORT

 

The Molong Campdraft Committee have written to council seeking a refund of the cost of hire of council’s portable toilet block for their camp draft event in Molong on 20-21 October 2023.

 

Molong Campdraft Committee are a voluntary, not for profit community organisation.  The event attracts up to 100 riders and their families to the ground and the two toilets on the site were not sufficient for the volume of people camping.  A sponsorship arrangement that the committee had previously with a local hire company was not continued therefore the committee hired council’s portable toilet block.

 

The event brings business by way of visitation to the town and provides recreation for the families involved.

 

Should council wish to make this donation there would remain $4,679 in the s356 budget for the remainder of this financial year.

 

 

ITEM 15 - ST JOSEPHS SCHOOL MOLONG SPRING FETE

REPORT IN BRIEF

 

Reason For Report

Request for donation of Family pool voucher

Policy Implications

Nil

Budget Implications

To be funded from existing s.356 budget allocation

IPR Linkage

4.1.3.2b - Support local events, culture, and festivals and promote local villages - including through the provision of sponsorship opportunities and seeking grant funding.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2023 - 1610206

 

RECOMMENDATION

 

THAT council supports the donation of a family pool voucher to the value of $263 for the St Jospeh’s Catholic School Spring Fete.

 

 

Department Leader - Community Services' REPORT

 

St Joseph’s Catholic Primary School Molong P&F is hosting a Spring School Fete on the evening of Friday 3 November. They have requested the donation of a family pool voucher, having a value of $263, as a raffle prize.

 

The P&F is raising money for several projects that will benefit the students at the school. Acknowledgment of donations will be done in the school newsletter for those supporting the event.

 

Should council wish to make this donation there would remain $4,416 in the s.356 budget for this financial year.

 

 

ITEM 16 - PROPOSED ROAD RESERVE PURCHASE WITHIN LOT 12 DP616527

REPORT IN BRIEF

 

Reason For Report

For council's determination to close a road

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.2.1.1a - Undertake road maintenance and routine activities.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ROAD CLOSURES\PERMANENT - 1609923

 

RECOMMENDATION

 

THAT council:

1.   Approve the closure of the unused section of road reserve through Lot 12 DP 616527,

2.   Authorise lodgement of the road closure application, and

3.   Seek a property valuation of the proposed closed road.

 

 

Deputy General Manager - Cabonne Infrastructure's REPORT

 

Council has received an application for the purchase of a portion of road reserve adjacent to a property at 189 Borenore Road (Lot 12 DP 616527). The area proposed for purchase is marked in blue on the following figure.

 

It is noted that the parcel of interest has been fenced into the above property for over 38 years and is not accessed by the public. There are nil council owned assets on the subject land. It is unlikely that council will have any strategic or operational use for the road reserve.

 

A public exhibition of the proposal was carried out from the 14 July 2023, which resulted in council receiving notification from Local Lands Service, Dept of Planning Industry & Environment, and National Parks and Wildlife service that these State agencies had no objection to the proposed road closure. No objections were received from adjoining and adjacent landowners.

 

As council intends to sell the closed road to the adjacent property owner, council will also seek a property valuation, and a further report will be provided to council to reach an agreement on the sale price. Pending the recommended resolution, this road closure will proceed as per Part 4 of the Roads Act 1993.

A map of a neighborhood

Description automatically generated

 

 

ITEM 17 - CONFIRMATION OF POOLS ADVISORY COMMITEE MEETING MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Cabonne Pools Advisory Committee Meeting minutes

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.1.1.1e - Support and engage with the Cabonne Pools Advisory Committee.

Annexures

1.  PAC OCT 2023 (1)

2.  Cabonne Council Pools Advisory Committee 2023-10-10 [2335] Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\SERVICE PROVISION\SWIMMING POOLS ADVISORY COMMITTEE - 1609810

 

RECOMMENDATION

 

THAT:

1.   The minutes of the Pools Advisory Committee of Cabonne Council held on 10 October 2023 be adopted, and

2.   Council advertise Expressions of Interest for the 2 current vacancies in the Cabonne Pools Advisory Committee

 

 

Deputy General Manager - Cabonne Infrastructure's REPORT

 

The Cabonne Pools Advisory Committee Meeting was held on 10 October 2023.

 

At the meeting the following items were considered.

 

2023/24 Pool Season Presentation

A copy of the presentation is provided for reference.

 

The Committee undertook a minute’s silence for Lucy Smith who worked as a lifeguard at Yeoval Pool last season. Lucy was tragically killed in an accident earlier in the year.

 

The Committee was advised that there are currently 2 vacancies within the Pools Advisory Committee. These 2 vacancies are the representation for the Molong Community. It was recommended that Council advertise Expressions Of Interest to fill these vacancies for the remaining 11 (eleven) months of the term.

 

The presentation consisted of:

·    An update on the roles and responsibilities of Committee Members.

·    Pool Entry Fees

·    Resources for Regions Projects Update

·    Budget

·    Opening Hours

·    Learn to Swim Program

·    Implementation of new software systems

·    Staffing and Recruitment

 

 

ITEM 18 - DEVELOPMENT APPLICATION 2023/93 STORAGE SHED AT LOT 1 SECTION 49 DP 758643 AND LOT 400 DP 133101, 55 KIEWA STREET, MANILDRA

REPORT IN BRIEF

 

Reason For Report

To obtain council's determination of the development application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.1.1.1a - Receive and assess Development Applications.

Annexures

1.  DA 2023-93 - Draft Reasons for Refusal - 55 Kiewa Street    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2023\03-2023-0093 - 1605640

 

Recommendation

 

THAT:

1.    Development Application 2023/0093 for a storage shed upon land described as Lot 1 Section 49 DP 758643 and Lot 400 DP 133101 - known as 55 Kiewa Street, Manildra, be refused for insufficient information being submitted to enable assessment by council.

2.    The refusal for Development Application 2023/0093 be provided on the attached planning grounds.

 

 

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 ‘storage shed’ upon land described as Lot 1 Section 49 DP 758643 and Lot 400 DP 133101 - known as 55 Kiewa Street, Manildra

 

Applicant: Cheleen Koekemoer C/O Bathurst Sheds

Owner:      MJ and CM Babic

Proposal:  Storage Shed

Location:   Lot 1 Section 49 DP 758643 and Lot 400 DP 133101 - 55 Kiewa Street, Manildra

Zone:         RU5 Village

 

The application has been referred to the council for determination as the proposed development is recommended for refusal. It is considered that insufficient information has been provided to council to carry out a Section 4.15 assessment of the Environmental Planning and Assessment Act 1979 (EP&A Act), as set out in the main body of this report.

The application involves the erection of a large storage shed, fronting Derowie Street, adjacent to the existing building, which is a heritage listed item (former CBC Bank – LEP item number I144). A Heritage Impact Statement (HIS) is required to assess the impact of the erection of the shed within the site and setting of this listed heritage item. Council staff requested a HIS following lodgement of the application in December 2022. The applicant submitted a HIS document that they prepared themselves, however it is not considered acceptable as it does not address all relevant heritage matters as required by the Cabonne Local Environmental Plan 2012 (LEP), and the heritage guidelines published by NSW Department of Planning and Environment.

Council requested an amended HIS, to be prepared by a heritage expert in accordance with these requirements in January 2023, and followed up for this information in February 2023, May 2023, and June 2023. The applicant has not responded to this correspondence, including the final follow up correspondence sent in August 2023.

It is noted that the proposal would normally be required to be neighbour notified and referred to council’s Development Engineer, however this was not carried out due to insufficient information being provided.


 

PROPOSED DEVELOPMENT

Council's consent is sought for the erection of a new storage shed on land legally described as Lot 1 Section 49 DP 758643 and Lot 400 DP 133101 – known as 55 Kiewa Street, Manildra.

The shed is proposed immediately adjacent to the existing dwelling (former bank building), fronting Derowie Street. The shed measures 18m long, 8m wide, and 3.58m in height.

A aerial view of a building

Description automatically generated

Figure 1 – Site Plan

The land is identified as comprising a heritage listed item, however this matter was not addressed in the original application. The HIS later submitted notes there is a structure to be demolished. Based on photos provided by the applicant, this appears to be an outhouse. Further, the new shed appears to be within the dripline of a tree on the site (see Figures 1 and 2). Consent is required for demolition or alteration of any buildings and trees associated with a heritage item, however this does not appear to explicitly form part of the application.

SITE & SURROUNDS

The site is located on the south-western corner of Kiewa and Derowie streets in Manildra. There is an existing dwelling, outhouse, and two small sheds located on the site (see Figure 2). There are clusters of trees along the eastern elevation, as well as a few large mature trees in the middle of the site.

Surrounding land consists of residential dwellings and commercial uses, and Manildra Mill is located opposite the site to the south.

 

Aerial view of a city

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Figure 2 – Site Locality

MATTERS FOR CONSIDERATION

Sheds are permitted, ancillary to an existing use (in this case a dwelling house) in the RU5 zone and on a heritage listed item with consent from council. Due to insufficiencies in the information provided with the application, council is unable to undertake an assessment, nor neighbour notify the application in accordance with Council’s Community Consultation Plan 2019 (CPP).

The following matters must be considered / evaluated as set out in the EP&A Act:

·   Section 1.7 - Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994 - the new shed may affect vegetation on the site, however insufficient information has been provided to assess whether the proposal will adversely impact on biodiversity or any threatened species.

·   Section 4.15(1)(a)(i)Cabonne Local Environmental Plan 2012 (LEP) – details have not been provided to demonstrate that the proposal meets the relevant provisions of the LEP including; aims of plan, zone objectives, heritage conservation provisions, stormwater management provisions, and essential services. Of particular note, the LEP heritage conservation provisions requires consent for any demolition or alteration of a heritage item (including trees) and for the erection of a building on land on which a heritage item is located; and requires council to consider the effect of the proposed development on the heritage significance of the item before granting consent. The submitted HIS is not considered acceptable, as previously discussed.

·   Section 4.15(1)(b) – ‘Likely Impacts of the Development’ cannot be assessed due to insufficient information.

·   Section 4.15(1)(c) – ‘Suitability of the Site’ cannot be assessed due to insufficient information.

·   Section 4.15(1)(d) – ‘Any Submissions Made in Accordance with the EP&A Act’ – neighbour notification has not been carried out due to insufficient information.

·   Section 4.15(1)(e) – Public Interest – an assessment as to whether the proposed development is in the public interest cannot be carried out due to insufficient information.

SUMMARY

Based on the information provided, the proposed development does not demonstrate compliance with the relevant provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2021, or Cabonne Local Environmental Plan 2012. As such, the development application should be refused pursuant to Section 4.16(1)(b) EP&A Act. Reasons for refusal are attached.

 

 

ITEM 19 - DEVELOPMENT APPLICATION 2023/130 FOR ALTERATIONS AND ADDITIONS TO DWELLING AT LOT 1 DP 560417, 34 MAIN STREET, CUDAL

REPORT IN BRIEF

 

Reason For Report

To obtain council's determination of the development application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.1.1.1a - Receive and assess Development Applications.

Annexures

1.  DA 2023-130 - Draft Reasons for Refusal - 34 Main St    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2023\03-2023-0130 - 1605681

 

Recommendation

 

THAT:

1.    Development Application 2023/0130 for alterations and additions to dwelling upon land described as Lot 1 DP 560417 - known as 34 Main Street, Cudal, be refused for insufficient information being submitted to enable assessment by council.

2.    The refusal for Development Application 2023/0130 be provided on the attached planning grounds.

 

 


 

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 ‘alterations and additions to dwelling’ upon land described as Lot 1 DP 560417 - known as 34 Main Street, Cudal.

 

Applicant: Alice Hazelton

Owner:      AN and HG Wickham Hazelton

Proposal:  Alterations and additions to dwelling

Location:   Lot 1 DP 560417 - 34 Main Street, Cudal

Zone:         RU5 Village

 

The application has been referred to the council for determination as the proposed development is recommended for refusal. It is considered that insufficient information has been provided to council to carry out a Section 4.15 assessment of the Environmental Planning and Assessment Act 1979 (EP&A Act), as set out in the main body of this report.

The application involves the demolition of the existing rear / side lean to addition, and construction of a new addition, comprising new bedroom, ensuite, mudroom, bathroom, laundry, and rear covered porch. The existing dwelling which is a heritage listed item (former shop and residence – LEP item number I69).

The application does not comprise all necessary information required to assess the proposal, including:

-     A Heritage Impact Statement (HIS) assessing the impact of the proposed demolition and new addition;

-     Existing elevations;

-     Full details of proposed colours, materials and finishes (only limited notes provided); and

-     Land owners consent (consent has only been provided by one of the two owners); and

-     BASIX Certificate is out of date (must be lodged within 3 months after it is prepared).

Council requested information in March 2023, and only some of the details were provided. The outstanding information was followed up in April 2023, May 2023, and August 2023. The applicant has not responded to any of the subsequent correspondence.

It is noted that the proposal would normally be required to be neighbour notified, however this was not carried out due to insufficient being provided.

PROPOSED DEVELOPMENT

Council's consent is sought for the demolition of the existing rear / side lean to addition, and construction of a new addition, comprising new bedroom, ensuite, mudroom, bathroom, laundry, and rear covered porch upon land described as Lot 1 DP 560417 - known as 34 Main Street, Cudal.

The land is identified as comprising a heritage listed item, however this matter has not been addressed in the application.

SITE & SURROUNDS

The site is located on the south-eastern corner of Main and Wall Streets in Cudal. There is an existing dwelling, detached garage, and small sheds located on the site (see Figure 1). There are a few trees scattered throughout the site. Surrounding land consists of residential dwellings. Recreation and commercial uses are located nearby.

 

A map of a neighborhood

Description automatically generated

Figure 1 – Site Locality

MATTERS FOR CONSIDERATION

Alterations and additions to dwelling houses and listed heritage items are permitted in the RU5 zone with consent from council. Due to insufficiencies in the information provided with the application, council is unable to undertake an assessment, nor neighbour notify the application in accordance with Council’s Community Consultation Plan 2019 (CPP).

The following matters must be considered / evaluated as set out in the EP&A Act:

·   Section 4.15(1)(a)(i)Cabonne Local Environmental Plan 2012 (LEP) – details have not been provided to demonstrate that the proposal meets the relevant provisions of the LEP including; aims of plan, zone objectives, heritage conservation provisions, groundwater vulnerability provisions, stormwater management provisions, and essential services. Of particular note, the LEP heritage conservation provisions require council to consider the effect of the proposed development on the heritage significance of the item before granting consent; and requires a heritage assessment to be undertaken. A HIS has not been submitted, as previously discussed.

·   Section 4.15(1)(b) – ‘Likely Impacts of the Development’ cannot be assessed due insufficient information.

·   Section 4.15(1)(c) – ‘Suitability of the Site’ cannot be assessed due to insufficient information.

·   Section 4.15(1)(d) – ‘Any Submissions Made in Accordance with the EP&A Act’ – neighbour notification has not been carried out due to insufficient information.

·   Section 4.15(1)(e) – Public Interest – an assessment as to whether the proposed development is in the public interest cannot be carried out due to insufficient information.

SUMMARY

Based on the information provided, the proposed development does not demonstrate compliance with the relevant provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2021, or Cabonne Local Environmental Plan 2012. As such, the development application should be refused pursuant to Section 4.16(1)(b) EP&A Act. Reasons for refusal are attached.

 

 

ITEM 20 - DEVELOPMENT APPLICATION 2023/187 - 1554 PEABODY ROAD, MOLONG

REPORT IN BRIEF

 

Reason For Report

Variation to Development Control Plan 15 - Relocatable and Transportable Homes

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.1.1.1a - Receive and assess Development Applications.

Annexures

1.  DRAFT CONDITIONS OF CONSENT - 1554 Peabody Road Molong    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2023\03-2023-0187 - 1608497

 

Recommendation

 

THAT:

1.  Development Application 2023/0187 for a transportable dwelling at 1554 Peabody Road, Molong, being land described as Lot 2 DP 1251985, be granted consent subject to the conditions attached, and

2. Support variation of Part 3 of Development Control Plan 15 – Transportable homes to enable a reduced floor area and building width for this development to promote variety of housing style availability.

 

 

Department Leader - Development Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received.

 

Nil public submission disclosures have been received.

 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for a dwelling house (transportable dwelling) described as Lot 2 DP 1251985, known as 1554 Peabody Road, Molong.

The matter has been referred to council as the proponent seeks a variation to provisions contained with Development Control Plan 15 (Relocatable and transportable homes). It is recommended that the application be approved subject to the attached conditions of consent.

 

Applicant: Mr Ian David Kable

Owner:      Mr Ian David Kable

Proposal:  Dwelling house (transportable dwelling)

Location:   Lot 2 DP 1251985, known as 1554 Peabody Road, Molong.

Zone:         R5 Large Lot Residential

 

PROPOSED DEVELOPMENT

Council's consent is sought for a detached dwelling (transportable dwelling). The proposed dwelling will be 5.76m x 3.188m with an attached verandah/deck 5.76m x 2.7m. The proposed dwelling will be a reconditioned former cabin, being smaller than the average style of the tiny home movement.

The application is seeking to vary Clause 3.5 Acceptable Design requirements of Development Control Plan 15 Relocatable and Transportable Homes.

Acceptable design points which are to be varied are:

·    The minimum internal floor area is to be not less than sixty (60) square metres.

·    The building is to be a minimum width of six (6) metres.

The proposed application is to reduce the floor area to a maximum 18.36 square metres and to reduce the width of the building to 3.188m, thus not complying with the provisions of the Development Control Plan. However, there will be minimal environmental or social impact if approved, as the proposal matches the changing trend in housing styles e.g. tiny homes.

SITE

The site is located on the eastern side of Peabody Road, Molong. There is currently an existing shipping container onsite, and an unauthorised cabin which is proposed to be re sited to comply and be approved as the primary dwelling.

AERIAL IMAGE

An aerial view of a red hexagon

Description automatically generated

PREVIOUS APPROVALS

·    2007/235/1 – Modification to subdivision – Approved.

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 Environmental Planning and Assessment Act 1979 (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. The proposal does not involve an aquatic environment. As such, only the Biodiversity Conservation Act, 2016 requires consideration.

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

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

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

·    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.

Comment:

The land does occur on the NSW Biodiversity Map.

The proposal does not involve clearing of native vegetation.

The proposal is not likely to significantly affect threatened species.

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

Section 4.14 Bushfire

The land is mapped as being ‘bushfire prone land’ as per Cabonne Council Bush Fire Prone Land Map, certified by NSW Rural Fire Service Commissioner on 21/06/2022. The EP&A Act requires Council to be satisfied that the development conforms to the specifications and requirements of Planning for Bush Fire Protection 2019 (PBP 2019) prepared by the NSW Rural Fire Service (RFS).

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 12.5 as follows:

Predominant Vegetation: The subject land is woodland.

Distance to Vegetation: The approximate distance from the proposed development to the nearest vegetation formation is:

North: 42m

South: 26m

East: 30m

West: 24m

Effective Slope: The effective slope surrounding the development comprises of:

North:  >00 to 50

South: >00 to 50

East:  >00 to 50

West:  >00 to 50

Comment: In consideration of the above, the proposed development is considered to have a Bushfire Attack Level of 12.5 (BAL-12.5).  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.

(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

Land zoned R5 large Lot Residential

Lot size map

Minimum lot size 5ha or 4,000m2 if connected to a sewerage system.

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

Is within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map,

Not affected by riparian and watercourse map

Groundwater vulnerability map

Is affected by groundwater vulnerability

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 R5 Large Lot Residential zone. The proposed development is defined as a ‘Dwelling House’ under the LEP 2012 as follows:

 

dwelling house means a building containing only one dwelling.

Note—

Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.

The proposed development is permitted with consent in this zone, and this application is seeking consent.

Clause 2.3 - Zone Objectives

The objectives for land zoned R5 Large Lot Residential zone and assessment of consistency are as follows:

 

R5 Large Lot Residential Zone Objectives

Comments

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

The proposed development provides for housing in a semi rural setting. The proposal will preserve and minimise the impacts on the environment sensitive locations and scenic qualities.

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

There is no proposed further subdivision the site cannot be subdivided further.

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

The proposed development will not affect the demand for public services

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

Surrounding land is zoned R5 Large Lot Residential with similar land uses.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

No principal development standards are applicable to the proposed development.

Part 5 - Miscellaneous Provisions

No miscellaneous provisions are applicable to the proposed development.

Part 6 - Additional Local Provisions

6.2 - Stormwater Management

This clause applies to all land in the residential and employment zones, and requires that council be satisfied that the proposal:

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

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

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

The proposal has been designed to include onsite retention of stormwater through the use of rainwater tanks. 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 sensitive area. Additionally, the proposed vehicular access to the development is clear of the sensitive areas.

In this regard 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.

Accordingly, 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.

6.4 - Groundwater Vulnerability

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

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

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

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

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

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

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

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

Clause 6.7 – Land affected by karst

The objective of this clause is to ensure that development, in areas of subsidence risk from karst, matches the underlying geotechnical conditions of the land, is restricted on unsuitable land and does not endanger life or property. Before determining a development application for development on land to which this Clause applies, Council must consider the following in relation to the risk of subsidence to the development:

(a)  the development’s design and construction methods,

(b)  the specific geotechnical constraints of the site,

(c)   waste water and stormwater management and drainage on the site.

Furthermore, Council must be satisfied that:

(i)         the development is designed, sited and will be managed to avoid any subsidence risk or significant adverse impact from subsidence on the development or on the land surrounding the development, or

(ii)        if that risk or impact cannot be avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that risk or impact, or

(iii)       if that risk or impact cannot be minimised—the development will be managed to mitigate that risk or impact, and

(iv)       the site of the development will have adequate waste water and stormwater management and drainage to ensure that the rate, volume and quality of water runoff is not affected by the development.

An advisory note will be placed on the consent advising the proponent of any risk.

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. Water is available to the site via the Molong Town Water scheme, Electricity is available via existing infrastructure, Sewerage is directed the Molong Town Sewer Scheme, Stormwater will be directed to a rainwater tank with the overflow directed to the Peabody Road street verge, Access can be made from the existing access point of Peabody Road created as part of Subdivision Application (DA2007/235).

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 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)

Review of clause 4.6 of the Standard Instrument LEP

The department 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.

Comment: this application does not seek a clause 4.6 variation and hence is not impacted upon by the draft instrument.

DESIGNATED DEVELOPMENT

The proposed development is not designated development.

INTEGRATED DEVELOPMENT

The proposed development is not integrated development.

DARK SKY PLANNING GUIDELINE JUNE 2023

The Guideline informs development controls that apply to land for the assessment of significant development within 200km of the Siding Spring Observatory. The observatory telescopes need clear dark nights to operate effectively and development must be managed so as not to adversely impact on this.

A consent authority must also consider the guideline for:

·    state-significant development;

·    designated development; and

·    development specified in State Environmental Planning Policy (Planning Systems) 2021, Schedule 6 (regionally significant development) that is likely to affect the night sky and is within 200 kilometres of Siding Spring Observatory.

The Regulation also requires a proponent to consider the guideline when preparing an environmental impact statement for state-significant infrastructure on land less than 200 kilometres from the observatory.

Comment: The proposed development is not within 200km of the Observatory and not designated, regional or State significant and hence no further consideration under the Guideline is required.

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

An assessment of the proposed development against the relevant Planning Outcomes will be undertaken below.

Development Control Plan No. 6 – Rural Small Holdings

Siting of Dwelling and Associated Buildings

The proposed dwelling has been positioned with a reasonably generous setback from the property boundaries. The siting complies with the Restriction of the Use of the Land that required minimum setback of 10 metres from the front, side and rear boundaries.

The proposal will utilise the recently constructed access off Peabody Road. An all-weather (gravel) internal driveway (4m wide to comply with bushfire requirements) will be provided from the new entrance to the new dwelling and shed.

Water Supply

Water supply to the dwelling will be provided via rainwater tanks. The proposed dwelling will be provided with a minimum 90,000 litre domestic supply. An additional 20,000 litres for firefighting purposes will be provided in accordance with the requirements of Planning for Bushfire Protection 2019.

Disposal of Wastes

Effluent disposal will be undertaken on-site subject to a detailed site assessment to comply with On-Site Sewage Management for Single Households (which is an all-of-government approach to on-site effluent disposal) and AS/NZS 1547:2000 On-site Domestic Wastewater Management.

Development Control Plan 15 – Relocatable and Transportable Homes

This DCP also applies to the proposal, and an assessment against the relevant Planning Outcomes will be undertaken below.

Part 1 – Aims of the plan

The aim of the plan is to control and regulate the standards of transportable dwellings within the whole of the shire and to ensure the construction and completion is to an acceptable standard within an acceptable period.

Part 2 – The approval process

A development application has been lodged for the approval of the manufactured dwelling, information has been lodged as per requirements of Part 2.

Part 3 – Requirements

·    No bonds are applicable for the new transportable dwellings.

·    The design of the building is considered compatible to the surrounding residential area and amenity.

·    The internal floor area of the proposal is 17.1m2 and is less than the 60m2 DCP provision.

·    The building width is 5.76mm, being less than 6m, with the short elevation facing the west

·    The building is sited in accordance with the DCP 6 setback requirements.

Comment: The proposed development does not comply with the provisions of the Development Control Plan. However, there will be minimal environmental or social impact if approved, as the proposal matches the changing trend in housing styles e.g. tiny homes.

SECTION7.12 DEVELOPMENT CONTRIBUTIONS PLAN

Section 7.12 Development Contributions levy does not comply to the Development as the development is less than $100,000.

 

PROVISIONS OF ANY PLANNING AGREEMENT s4.15(1)(a)(iiia)

No planning agreements have been entered into with respect to the subject land or proposal.

PROVISIONS PRESCRIBED BY THE 2021 REGULATIONS s4.15(1)(a)(iv)

Demolition of a Building (s61(1))

The proposal does not involve the demolition of a building.

Fire Safety Considerations (s62)

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

Buildings to be Upgraded (s64)

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

BASIX Commitments (s27 and s75)

A BASIX Certificate has been submitted in support of the proposed development which demonstrates compliance with Certificate Number: 1400182S.


 

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

Impacts

Satisfactory

Not Satisfactory

Not Relevant

Comments + conditions to ensure satisfactory

Context & Setting

P

 

 

The proposed dwelling has been positioned with a reasonably generous setback from the property boundaries. The siting complies with the Restriction of the Use of the Land  required minimum setback of 10 metres from the front, side and rear boundaries.

Site Design

P

 

 

The proposed dwelling has been designed in a way that compliments the site design.

Bulk, Privacy & Overshadowing

 

 

P

 

Private Open Space

 

 

P

 

Setbacks & Building Envelopes

P

 

 

The proposed dwelling has been designed in a way that it complies with the setbacks set out within DCP6 and the Restriction of the Use of the Land .

Landscaping

 

 

P

 

Streetscape

P

 

 

The proposed development will have minimal impact to the Peabody Road streetscape.

Traffic, access and parking

P

 

 

The proposal will utilise the recently constructed access off Peabody Road. An all-weather (gravel) internal driveway will be provided from the new entrance to the new dwelling.

Public Domain

 

 

P

 

Utilities & Servicing

P

 

 

Water supply to the dwelling will be provided via rainwater tanks. The proposed dwelling will be provided with a minimum 90,000 litre domestic supply. An additional 20,000 litres for firefighting purposes will be provided in accordance with the requirements of Planning for Bushfire Protection 2019.

Effluent disposal will be undertaken on-site subject to a detailed site assessment to comply with On-Site Sewage Management for Single Households (which is an all-of-government approach to on site effluent disposal) and AS/NZS 1547:2000 On-site Domestic Wastewater Management. Electricity is obtained via existing infrastructure.

Water Quality & Stormwater

P

 

 

Stormwater will be directed to a rainwater tank with the overflow disposed of in a way that it does not cause a nuisance to neighboring properties and buildings within the vicinity.

Soils & Soil erosion

P

 

 

A condition will be added to the approval.

Flora & Fauna, Trees, Biodiversity

P

 

 

The site has been identified as having biodiversity however it is not proposed to remove any vegetation. The driveway will go through an area of biodiversity and therefore a condition will be imposed requiring no tree clearing.

Waste

P

 

 

Waste will be generated from the construction of the proposed development and will need to be disposed of appropriately by the builder once complete. The proposed development will generate minimal waste however this will be controlled by the owner.

Noise & Vibration

P

 

 

Noise and vibration will be generated from the construction of the proposed development will have minimal impact to neighboring properties. Conditions regarding construction hours are attached. Noise once completed will be minimal and within reasonable limits.

Natural hazards  - Flooding, Bushfire etc.

P

 

 

As assessed in Section 4.14 Bushfire Assessment the proposed development will comply with the Grassland Deeming Provisions of the Planning for Bushfire Protection Guidelines 2019.

Safety, Security & Crime Prevention

 

 

P

 

Social and Economic Impacts

 

 

P

 

Economic Impacts

 

 

P

 

Signage

 

 

P

 

Cumulative Impacts

 

 

P

 

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

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

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

The proposed development is not defined as “advertised development” under the provisions of the Cabonne Council Community Participation Plan 2019 (CPP), and as such no formal exhibition of the application was required. No submissions have been received in relation to this application.

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.

Cabonne Council has a number of policies that relate to development to ensure that it meets the public interest.

Onsite Waste Water Management Systems Policy

The proposed development is consistent with the area is medium risk and has been designed by a suitably qualified geotechnical engineer.

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 Development Control Plan 6 - Rural Small Holdings. Variation to Part 3 of Development Control Plan 15 – Transportable homes is supported to enable a reduced floor area and building width to promote variety of housing availability. 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 - 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

1.2.2.1a - Facilitate Council and standing committee meeting processes.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 1608556

 

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 22 - 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 be noted.

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\PROCEDURES - 1608564

 

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 23 - MATTERS OF URGENCY

REPORT IN BRIEF

 

Reason For Report

Enabling matters of urgency 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\NOTICES - MEETINGS - 1608566

 

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 24 - 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

1.2.2.1a - Facilitate Council and standing committee meeting processes.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 1608567

 

RECOMMENDATION

 

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

 

 

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

 


Item 6 Ordinary Meeting 24 October 2023

Item 6 - Annexure 1

 

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Item 6 Ordinary Meeting 24 October 2023

Item 6 - Annexure 2

 

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Item 6 Ordinary Meeting 24 October 2023

Item 6 - Annexure 3

 

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Item 7 Ordinary Meeting 24 October 2023

Item 7 - Annexure 1

 

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Item 8 Ordinary Meeting 24 October 2023

Item 8 - Annexure 1

 

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Item 9 Ordinary Meeting 24 October 2023

Item 9 - Annexure 1

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 1

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 2

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 3

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 4

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 5

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 6

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 7

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 8

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 9

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 10

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 11

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 12

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 13

 

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Item 11 Ordinary Meeting 24 October 2023

Item 11 - Annexure 14

 

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Item 12 Ordinary Meeting 24 October 2023

Item 12 - Annexure 1

 

 

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Item 12 Ordinary Meeting 24 October 2023

Item 12 - Annexure 2

 

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Item 12 Ordinary Meeting 24 October 2023

Item 12 - Annexure 3

 

 

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Item 12 Ordinary Meeting 24 October 2023

Item 12 - Annexure 4

 

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Item 12 Ordinary Meeting 24 October 2023

Item 12 - Annexure 5

 

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Item 12 Ordinary Meeting 24 October 2023

Item 12 - Annexure 6

 


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Item 17 Ordinary Meeting 24 October 2023

Item 17 - Annexure 1

 

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Item 17 Ordinary Meeting 24 October 2023

Item 17 - Annexure 2

 

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Item 18 Ordinary Meeting 24 October 2023

Item 18 - Annexure 1

 


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Item 19 Ordinary Meeting 24 October 2023

Item 19 - Annexure 1

 


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Item 20 Ordinary Meeting 24 October 2023

Item 20 - Annexure 1

 

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GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 24 October, 2023

Page 1

TABLE OF CONTENTS

 

 

ITEM 1      ANNUAL REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT............................................................................................... 1

ITEM 2      PECUNIARY INTEREST RETURNS 2023........................................ 2

ITEM 3      COMMUNITY FACILITATION FUND................................................. 2

ITEM 4      RATES SUMMARY................................................................................ 3

ITEM 5      INVESTMENT SUMMARY................................................................... 4

ITEM 6      FLOOD RECOVERY UPDATE............................................................ 5

ITEM 7      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    9

ITEM 8      MEDIAN PROCESSING TIMES 2023................................................ 9

ITEM 9      DEVELOPMENT APPLICATIONS RECEIVED DURING SEPTEMBER 2023     10

ITEM 10    DEVELOPMENT APPLICATIONS APPROVED DURING SEPTEMBER 2023   13

 

ANNEXURE ITEMS

 

ANNEXURE 4.1    Rates Graph September 2023................................. 18

ANNEXURE 5.1    Investments September 2023.................................. 19

ANNEXURE 7.1    Council................................................................................ 40

ANNEXURE 7.2    Traffic Light Report Summary............................. 80

 


 

 

ITEM 1 - ANNUAL REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT

REPORT IN BRIEF

 

Reason For Report

In accordance with Clause 11.1 of Council's adopted Procedures for the Administration of the Code of Conduct policy, the General Manager is required to provide an annual report on complaints received under Council's Code of Conduct.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.2.1.1e - Monitor and review Council's policies.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 1610119

 

General Manager's REPORT

 

Council’s adopted Procedures for the Administration of the Code of Conduct Part 11 ‘Reporting Statistics on Code of Conduct Complaints about Councillors and the General Manager’, Clause 11.1 requires the General Manager to report within 3 months of the end of September of each year:

 

a)   the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September (the reporting period)

b)   the number of code of conduct complaints referred to a conduct reviewer during the reporting period

c)   the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage during the reporting period and the outcome of those complaints

d)   the number of code of conduct complaints investigated by a conduct reviewer during the reporting period

e)   without identifying particular matters, the outcome of investigations completed under these procedures during the reporting period

f)    the number of matters reviewed by the Office during the reporting period and, without identifying particular matters, the outcome of the reviews, and

g)   the total cost of dealing with code of conduct complaints made about councillors and the general manager during the reporting period, including staff costs.

 

This report covers the September 2022 – September 2023.

 

There were NIL complaints received during the subject period.

 

 

ITEM 2 - PECUNIARY INTEREST RETURNS 2023

REPORT IN BRIEF

 

Reason For Report

Model Code of Conduct cl 4.25 requires the General Manager to table returns of interest for councillors and designated persons

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.2.1.1e - Monitor and review Council's policies.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PERSONNEL\DISCLOSURE\STAFF PECUNIARY INTEREST RETURNS 2023 - 1585462

 

Department Leader - Governance & Corporate Performance's REPORT

 

Pecuniary Interest Returns (Returns) for the period to 30 June 2023 must be tabled at the council meeting immediately following 30 September each year.

 

All councillors and designated staff have submitted their returns.

 

 

ITEM 3 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

 

Reason For Report

To report on approved expenditure under the Community Facilitation Fund (CFF)

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.1.1.1f - Staff are complying with procedures and practices.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 1609560

 

General Manager's REPORT

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

There were NIL allocation of funds processed in the last month.

 

 

ITEM 4 - RATES SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to council's rates collection

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.1.1.2a - Levying of Rates & Charges in accordance with the Local Government Act.

Annexures

1.  Rates Graph September 2023    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1608712

 

Department Leader - Finance's REPORT

 

 

The rate collection summary to 30 September 2023 is attached for council’s information.  The percentage collected is 32.86%.  For the same period last year, the percentage collected was 38.9%

 

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The rates team are experiencing a higher-than-normal number of ratepayers requests to establish payment plans.  The council will continue to follow up debts and to work with our external rates collection agency if debts continue to grow for an extended period.

 

 

ITEM 5 - INVESTMENT SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to council's Investment Schedule

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.1.1.2b - Maximise income sources through investments.

Annexures

1.  Investments September 2023    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1608573

 

Department Leader - Finance's REPORT

 

Council’s investments as 30 September 2023 stand at a total of $37,558,000.00.

 

Council’s average interest rate as of 30 September 2023 was 4.87%.  The effect of the increased cash rate is starting to have a positive impact on term deposit rates offered by financial institutions. The Reserve Bank’s official cash rate remained at 4.1% during the month of September 2023. Council’s Performance Benchmark is the 30-Day Bank Bill Swap Rate and council is currently performing above the September 2023 Performance Benchmark of 4.0513%.

 

Council had three Term Deposit maturities during September 2023, which were re-invested back into the same financial institutions and a new deposit of $3m was placed into the Business Online Saver to Council.

 

As Council has now approved a new Investment Policy, term deposits are able to be invested for longer periods whilst rates appear to be at their highest. As cash is replenished from the natural disaster event some money can be invested for longer than 12 months whilst still availing some at the shorter terms for cash flow purposes. Having investments at longer terms will safeguard some deposits at the current higher interest rates and maximise the interest income. The RBA is forecasting the cash rate to stay at its current levels and drop by 2025. The council’s investment report for September 2023 will show the longer term deposit information.

 

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

 

The Detailed Investment Report for September 2023 is attached for council’s information.

 

 

ITEM 6 - FLOOD RECOVERY UPDATE

REPORT IN BRIEF

 

Reason For Report

To provide a monthly report on flood recovery activities.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.1.7.1a - Implement the Cabonne Recovery Plan.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\EMERGENCY SERVICES\REPORTING\FLOODS - NOVEMBER 2022\GENERAL CORRESPONDENCE - 1609830

 

Leader - Community and Economy REPORT

 

This report will be provided as a standing item for council meetings and provides a monthly update on recovery projects and initiatives across the four Cabonne Recovery Themes:

 

1.   Building Back Better Community Infrastructure

2.   Building Back Business and the Regional Economy

3.   Building Back a Better Environment

4.   Building Back Better Communities and Supporting Recovery

Theme 5 is operational in nature, and therefore is not reported on:

5.   Managing Council’s Resources/Recovery Planning and Oversight.

 

RECOVERY THEME 1: BUILDING BACK BETTER COMMUNITY INFRASTRUCTURE

 

Council’s role: Advocacy and Delivery

Council's road crews are continuing to undertake road repairs following the damage from the November 2022 flood event. The following works have been undertaken across Cabonne:

In Canowindra, Floods Lane causeway has been installed, the reconstruction works to Longs Corner Road are close to being completed and light patching work has been undertaken on several roads around the town.

Both the Nyrang Creek Bridge Replacement and Canomodine Creek Bridge Replacement have both gone out to tender. Patching works have been undertaken on Nangar Road, Warraderry Way and Casuarina Drive. There has also been maintenance grading work undertaken on Back Mogong Road and Back Nyrang Road.

In Manildra, gravel re-sheeting has been completed on both Scenic Drive and Monaghan’s Road. The culvert pipe Monaghan’s Road was also replaced.

Patching work has been undertaken on Kurrajong Road and Yellowbox Road and general maintenance and inspections were carried out by the TNSW RMCC team on the state road network, which now includes Packham Drive.

In Molong, general maintenance works and repairs were continued on the State road network. Drainage and stabilisation works were completed on Euchareena Road and sealing of heavy patching work was undertaken on both Euchareena and Belgravia roads.

Maintenance grading has been undertaken on Gregra Road, Bocoble Road, Rubydale Road, Barretts Road, Finch Road, Hill Street, Molong Rec Ground and Watston Street. Patching work was undertaken on Renshaw McGirr Way.

Footpath work has begun on Gidley Street, Phillip Street and Wellington Street, and it is expected that this will take 3 weeks to be completed.

Council staff have also undertaken work to install new street furniture, and the demolition and removal of the existing grey block garden beds on Bank Street, as part of the Activation of the Molong Town Centre program. These works are scheduled to be completed before the end of November 2023.

 

Lastly, a new fence is currently being installed around the Molong swimming pool.

RECOVERY THEME 2: BUILDING BACK BUSINESS AND THE REGIONAL ECONOMY

 

Council’s role: Advocacy, Facilitation, and Delivery

 

The Eugowra Community Children’s Centre (ECCC) continues to operate from the Eugowra Public School, at a reduced capacity. Council continues to provide support to the ECCC staff and committee in seeking funding for the re-establishment at a permanent site. 


The Development Application for the RTC building in Eugowra was submitted in late September and has since been approved. Council staff and NSW Reconstruction Authority staff will co-share and operate out of this office on a rotational basis, with operational hours currently being decided.

 

The Pods on Private Properties Program, the Caravans at Home Program and the Demolitions Program are still available to residents across the Cabonne region.

 

To date there are 141 pod applications so far, with 98 Pods applications in the Cabonne LGA. There are 97 pods installed and handed over to residents. 

 

There have been 137 Caravans in Cabonne, with 20 caravans remaining in the community. 107 caravans have been collected.

 

There are 28 EOI for properties to be demolished, with 20 of these properties signed consent packs and have been demolished.

 

The Eugowra Medical Centre will be officially opened on Saturday, 18 November 2023.

 

Council staff are continuing to work with local Eugowra community members to organise two community events to mark the 12-month anniversary of the floods.

 

These events are scheduled for Tuesday, 14 November 2023, with a memorial service scheduled for 9.30am at Apex Park Eugowra. At 5.30pm, a community dinner for Eugowra residents only is scheduled at the same location.

 

Council hosted two Small Business Month events on Tuesday, 10 and Wednesday, 11 October 2023 in Canowindra and Molong.

 

The theme of these events was resilience, and events included a panelist discussion with three dedicated local business professionals whose discussions were designed to inspire and inform Cabonne small business owners on how they might build resilience in their continued operations.

 

A total of 51 Cabonne small business owners attended these events. These events were made possible due to a $2,500 grant received from the NSW Government.

 

RECOVERY THEME 3: BUILDING BACK A BETTER ENVIRONMENT

 

Council’s role: Advocacy and Facilitation

There are no current council-led activities being undertaken in this area. Council is continuing to provide ongoing support and guidance to community groups undertaking activities.

RECOVERY THEME 4 : BUILDING BACK BETTER COMMUNITIES AND SUPPORTING RECOVERY

 

Council’s role: Advocacy, Facilitation and Delivery

Activation projects for the Molong and Canowindra main streets are continuing.

In Molong, street furniture and pots are due to arrive in the coming weeks and will be installed along the footpaths of Bank Street. Works to the half-court basketball court at the Molong Rec Ground are due to commence in November. 

In Canowindra, the installation of a new shared pathway from Finns Lane to the Swinging Bridge is due to commence the week of 16 October 2023 and is expected to take approximately three weeks to complete. This work will include the pouring of two concrete pads to house picnic areas.

The Molong Flood Study is in its final stages of modelling, with the draft of the flood study to be presented to the Cabonne Flood Advisory Committee at its meeting in November 2023. Should the committee and Council agree with the contents of the Flood Study, it will be exhibited for public comment thereafter.

An application for funding for new flood studies for Eugowra and Canowindra were submitted earlier in the year, with announcements expected in September 2023. The Department of Planning and Environment have advised that these announcements have been delayed.

Council staff have commenced the development of specifications to immediately call for tenders to undertake the works should favorable announcements be forthcoming. Furthermore, the community survey is in its final stages of development, and is expected to be circulated to the Eugowra and Canowindra communities in late November 2023.

Four voluntary property purchases have also been applied for (two in Molong, two in Eugowra) under the same funding program. Council staff will commence planning for this work should the funding applications be supported.

 

 

ITEM 7 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report on progress made in actioning its resolutions up to last month's Council meeting and any committee meetings held.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.2.2.1a - Facilitate Council and standing committee meeting processes.

Annexures

1.  Council

2.  Traffic Light Report Summary    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 1605595

 

GENERAL MANAGER’S REPORT

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

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

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

Councillors should raise any issues directly with the deputy general managers as per the mayor’s request.

 

 

ITEM 8 - MEDIAN PROCESSING TIMES 2023

REPORT IN BRIEF

 

Reason For Report

To provide information on median processing times.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.1.1.1a - Receive and assess Development Applications.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 1608610

 


 

Department Leader - Development Services' REPORT

 

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

 

YEAR

MEDIAN ACTUAL DAYS

2018

13.5

2019

24

2020

25

2021

25

2022

31

 

Summary of median Application Processing Times for 2023

 

MONTH

MEDIAN ACTUAL DAYS

January

57

February

38

March

22

April

23

May

42

June

28

July

18.5

August

37

September

62

October

 

November

 

December

 

 

 

ITEM 9 - DEVELOPMENT APPLICATIONS RECEIVED DURING SEPTEMBER 2023

REPORT IN BRIEF

 

Reason For Report

Details of development applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.1.1.1a - Receive and assess Development Applications.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 1608626

 


 

Department Leader - Development Services' REPORT

 

Development Applications have been received during the period 1 September 2023 to 30 September 2023, as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

DA Number

Application Description of Work

Development Value

Applicants Name

Property Address

2024/0034

Garage with Carport

$27,000

Michelle Lea Douglass

Lot 1 DP 591845, 988 Cargo Rd, Lidster

2024/0035

Dwelling

$140,000

Terence John O'Neill

Lot 11 DP 7016, 26 Eurimbla Rd, Cumnock

2024/0036

Alterations & Additions to Dwelling

$40,000

Anthony John Kerr

Lot 297 DP 750147, 30 Brookman Rd, Canowindra

2024/0037

Event - 4wd

$0

James Troy Gosper

Lot 133 & 171 DP 750141, Bocoble Gap Rd, Molong

2024/0039

Cemetery (Natural Burial Ground)

$80,000

Matthew James Knight

Lot 3 DP 1189655 & Lot 4 DP 816370, Greening Lane, Lidster

2024/0038

Change of Use - Dwelling to Office

$10,000

Eugowra Promotion & Progress Association Inc

Lot 7 & 8 DP 10272, Broad St, Eugowra

2024/0040

Event - Christmas Shopping Night

$0

Cabonne Council

Lot 1 DP 430733, Gaskill St, Canowindra

2024/0041

Garage

$23,000

Structability Pty Ltd

Lot 1 DP 872214, Phillip St, Molong

2024/1001

Inground Fibreglass Swimming Pool

$0

BBAC

Lot 12 DP 750162, Gregra Rd, Manildra

2023/0172/1

Alterations & Additions to Dwelling

$0

Preeti Sharma

Lot 30 DP 750372, 1515 Ophir Rd, Ophir

2018/0093/1

Quarry (Extractive Industry)

$0

Toogong Gravel Quarry Pty Limited

Lot 2 DP 585289, 4748 The Escort Way, Toogong

2024/0042

Alterations & Additions to Dwelling

$45,000

James Fazzari

Lot 122 DP 661228, Loftus St, Eugowra

2024/0043

Alterations & Additions (Patio Cover)

$38,000

Catherine Genevieve Grinstead

Lot 3 DP 1215165, Longs Corner Rd, Canowindra

2024/0044

Dwelling

$435,400

Rebecca Emily Forsyth

Lot 102 DP 1296189, 23 Sutton St, Canowindra

2016/0128/5

Limestone Quarry

$0

Westlime Pty Ltd

Lot 2 DP 590034, Lot 137 DP 652082 & Lot 136 DP 664861, 115 Canomodine Lane, Canowindra

2024/0045

Demolition of Old Scout Hall

$0

Cabonne Council

Lot 1 DP 1120962, Hill St, Molong

2024/0046

Demolition

$0

Cabonne Council

Lot 223 DP 635534, 12 Hill St, Molong

2024/0047

Dwelling

$1,140,000

Designs At M

Lot 202 DP 1251265, 31 White Hill Lane, Clifton Grove

Total: 18

 

$1,978,400

 

 

 

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

 

CDC Number

Application Description of Work

Development Value

Applicants Name

Property Address

 

 

 

 

 

Total: 0

 

$0.00

 

 

 

GRAND TOTAL: 18

$1,978,400

 

 

 

ITEM 10 - DEVELOPMENT APPLICATIONS APPROVED DURING SEPTEMBER 2023

REPORT IN BRIEF

 

Reason For Report

Details of development applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.1.1.1a - Receive and assess Development Applications.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 1608631

 

Department Leader - Development Services' REPORT

 

Development Applications have been approved during the period 1 September 2023 to 30 September 2023 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS APPROVED

 

DA Number

Application Description of Work

Development Value

Applicants Name

Property Address

2024/0002

Dwelling & Shed

$350,000

Peter Basha Planning & Dev

Lot 508 DP 1288217, 70 River Oak View, Summer Hill Creek NSW 2800

2024/0001

Farm Building & Home Industry

$230,000

Planning Potential

Lot 170 DP 39656 and Lot 2 & 3 DP 610003, 962 Canobolas Rd, Canobolas NSW 2800

2023/0027/1

Inground Pool & Pool House

$0

Timothy Bassmann

Lot 24 DP 756899, 156 Woods Lane, Nashdale NSW 2800

2024/0009

Dwelling & Shed

$842,000

Timothy Bassmann

Lot 511 DP 1288217, 92 River Oak View, Summer Hill Creek NSW 2800

2021/0259/1

Boundary Adjustment

$0

Planning Potential

Lot 3 4 5 & 6 DP 264438, Icely Rd, Lewis Ponds NSW 2800

2024/0016

Dwelling & Shed

$417,000

Gj Gardner Homes

Lot 6 DP 758396, Loftus St, Eugowra NSW 2806

2024/0017

Alterations & Additions to Residential Development

$1,060,000

Peter Basha Planning & Dev

Lot 1 2 3 & 4 DP 758643, Kiewa St, Manildra NSW 2865

2024/0003

Farm Building

$229,000

Phillip Smith

Lot 100 DP 1221351, 106 Curtin Rd, Borenore NSW 2800

2023/0166

Demolition of Shed, Tree Removal & New Shed

$31,000

Cheryl Gail Callaghan

Lot 130 DP 876496, 9 Molong St, Molong NSW 2866

2023/0172

Alterations & Additions to Dwelling

$275,000

Preeti Sharma

Lot 30 DP 750372, 1515 Ophir Rd, Ophir NSW 2800

2023/0115

Restaurant/Cafe in Existing Cellar Door

$20,000

Peter Basha Planning & Dev

Lot 40 DP 1125075, 125 Mount Lofty Rd, Nashdale NSW 2800

2024/0008

Alterations & Additions to Industrial Development

$25,000

Andrew David Scott

Lot 70 DP 747005, Wellington St, Molong NSW 2866

2023/0151

Restaurant/Cafe (Change of Use from Shop and Additions & Alterations)

$135,000

Jacqualyn Grace Fowler

Lot 11 DP 576630, 4 Main St, Cudal NSW 2864

2024/0014

Demolition of Existing Dwelling & New Dwelling

$1,400,000

Peter Basha Planning & Dev

Lot 11 12 13 & 14 DP 12554, 152 Valetta Lane, Moorbel NSW 2804

2022/0140

Dual Occupancy & Swimming Pool

$1,288,323

Timothy Bassmann

Lot 4 DP 1161501, 56 Orchard Rd, Springside NSW 2800

2023/0172/1

Alterations & Additions to Dwelling

$0

Preeti Sharma

Lot 30 DP 750372, 1515 Ophir Rd, Ophir NSW 2800

2023/0190

Temporary Use of Land (Event)

$0

Orange Region Vignerons Assoc

Lot 55 DP 137558, Lot 581 DP 1173318, Lot 21 DP 756899 & Lot 1 DP 184332, Lake Canobolas Rd, Nashdale NSW 2800

2023/0175

Shed & Bus Depot

$40,000

Sarah Louise McCarthy

Lot 6 DP 759140, 2 Cardington St, Yeoval NSW 2868

2024/0015

Demolition of Existing Dwelling & New Dwelling

$700,000

Peter Basha Planning & Dev

Lot 2 DP 1025614, 103 Borenore Rd, Nashdale NSW 2800

2024/0023

Dwelling

$1,182,500

Southwell Design Drafting

Lot 2 DP 1269235, 667 Cashens Lane, Guyong NSW 2798

2024/0028

Dwelling

$750,000

Trent James Bald

Lot 21 DP 758693, 129a King St, Molong NSW 2866

2022/0246/1

Boundary Adjustment

$0

Alexandra Kim Bailey

Lot 1 DP 256431, Lot 9 DP 628336, Lot 4 DP 868800 & Lot 1 DP 126373, 1442 The Escort Way, Borenore NSW 2800

TOTAL: 22

 

$8,974,823

 

 

 


 

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS APPROVED

 

 CDC Number

Application Description of Work

Development Value

Applicants Name

Property Address

2024/1001

Inground Fiberglass Swimming Pool

$93,500

BBAC

Lot 12 DP 750162, Gregra Rd, Manildra NSW 2865

TOTAL: 1

$93,500

 

 

 

GRAND TOTAL: 23

$9,068,323

 

 

 

 


Item 4 Ordinary Meeting 24 October 2023

Item 4 - Annexure 1

 


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Item 5 Ordinary Meeting 24 October 2023

Item 5 - Annexure 1

 

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Item 7 Ordinary Meeting 24 October 2023

Item 7 - Annexure 1

 

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Item 7 Ordinary Meeting 24 October 2023

Item 7 - Annexure 2

 


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