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 - 1733191

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 - 2024 - 1733192

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 - 1733193

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 - 1733194

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 - 1733196

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. July 23 2024 Ordinary Council Meeting ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2024 - 1732065

Recommendation

THAT the minutes of the following meetings be adopted;

1. Ordinary Council meeting held on 23 July 2024.

General Manager's REPORT

The following minutes are attached for adoption:

1. Ordinary Council meeting held on 23 July 2024.

ITEM 7 - MODERN SLAVERY ACT IMPLEMENTATION - PROJECT UPDATE

REPORT IN BRIEF

Reason For Report	To provide councillors an update on implementation of the modern slavery act
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 - 1734496

RECOMMENDATION

THAT council notes the Central NSW Joint Organisation Modern Slavery Report and participate in ongoing collaboration across the region to minimise duplication and reduce regulatory burden.

Department Leader - Governance & Corporate Performance's REPORT

Background

Council may recall the Modern Slavery Risk Assessment Project is being progressed through Central NSW Joint Organisation (CNSWJO) and participating members. The NSW Modern Slavery Amendment Act, 2021 requires local government to take reasonable steps to ensure that goods and services procured by and for council are not the product of modern slavery. Guidance on reasonable steps was provided in December 2023. More detail in its regard is provided in the table below.

CNSWJO is keen to provide as much support and advice as possible with a view to ensuring councils are not duplicating effort and is aware of the policy position of CNSWJO Board regarding Modern Slavery.

Policy Advice

Where efforts to counteract slavery are laudable, they must be practical and achievable. The current guidance from the Office of the Anti-slavery Commissioner is neither practical nor achievable, rather it reflects a poor understanding of councils and their suppliers.

Modern Slavery Legislation has not considered the resourcing impacts on local government and is yet another cost shift from a poorly resourced regulator.

CNSWJO Board has been using the Case Study on Modern Slavery (provided below) for advocacy purposes where on the one hand both the NSW Government generates resource intensive cost shifts like compliance with this legislation, then rate caps and finally conducts an inquiry in local government financial sustainability – all in a less than six months.

Case Study – Modern Slavery Legislation – how an under resourced State entity drives costs up for Local Government and their suppliers.

Everyone supports the idea of fighting modern slavery through better supply chains. How should this be implemented?

As it stands, councils must manage the modern slavery risks of their supply chains including international businesses. Every council, every supply chain. Councils must report their compliance in a formal Annual Report to the Auditor General, annually online with the Anti-Slavery Commission and as from 1 July 2025 Online Reporting to the Anti-Slavery Commission for all contracts arising from any high-risk procurement with a value of $150K within 45 days from the date of contract.

Suppliers deemed high risk must be surveyed. Surveys alone are not enough; councils must also demonstrate due diligence and show what they are doing to reduce the risks including following up non respondents and offering them support in lowering their risks. All suppliers must be informed of their ratings. The total list of suppliers for Bathurst Regional Council is approximately 4,000, with over 100 currently rated as high risk. The estimate for the CNSWJO region’s members is 14,600, with a lot of overlap.

Meanwhile the advice on the Federal Attorney General’s website is that though they have a Register for Modern Slavery they do not check the veracity of the advice therein. Checking become councils’ job. The Commissioner suggests that this could include contacting business directly – hopefully councils have staff fluent in the languages of those countries viewed as high risk.

To be compliant, legal advice directed there be 14 questions on Modern Slavery in every procurement activity the CNSWJO undertakes. Every supplier responding to Requests for Quotation and Tender must respond to these questions. The Commissioner’s guidance is suggesting these questions should be weighted between 5-10%. This competes with other criteria like safety, capability, quality, environmental, pricing and supporting local providers.

CNSWJO is undertaking this work collaboratively to try and reduce duplication both for suppliers and councils and can report that suppliers are furious.

Operational Program support

CNSWJO is of a view that the work it is undertaking drives a sensible pathway supporting the objectives of modern slavery legislation.

A central database has been developed using information on suppliers provided by member councils. The database identifies medium and high-risk suppliers, who then receive a survey link requesting information about their modern slavery policies, reports, training and communication. In December, the survey was sent to over 300 suppliers who had until 29 February 2024 to respond with the requested information. Responses were received from 45 suppliers.

Work is now underway to collect information from Local Government Procurement (LGP), who have also conducted a similar risk assessment on many of the same suppliers. Prior to the survey being sent again, CNSWJO will ensure that any information already collected via LGP is incorporated into the database to avoid duplication.

CNSWJO staff are working closely with Bathurst Regional Council who has provided a great deal of guidance to the risk assessment project. Advice is also being sought from LGP through their Sustainable Choice program.

Further, in December 2023, the Office of the Anti-slavery Commissioner released Guidance on Reasonable Steps to Manage Modern Slavery Risks in Operations and Supply Chains. While CNSWJO staff are reviewing the guidance and determining how to best support member councils, the following table sets out the implementation milestones of the Guidance for Reasonable Steps.

*Date*	*Milestone*
*1 January 2024*	Guidance takes effect
*Contracts pre-dating 1 January 2024*	*Do contracts need to be renegotiated?* There is no general expectation that contracts or agreements pre-dating this Guidance will be re-negotiated. · Exceptionally, where modern slavery risks in an ongoing operational activity or procurement are heightened, covered entities must not only use leverage but also develop it where they lack it. This is consistent with Australia’s commitment to the UN Guiding Principles on Business and Human Rights and recent adherence to the OECD Council Recommendation on the Role of Government in Promoting Responsible Business Conduct. In some cases, especially where there is a salient risk of ongoing modern slavery in the performance of the contract, this could mean that entities do need to consider exploring contractual adjustments in order to develop this leverage. *What steps are reasonable where earlier contracts are still on foot?* Where a contract pre-dates 1 January 2024 but remains on foot, reasonable steps may be required – for example in relation to contract management. This may necessitate an assessment of the GRS due diligence level associated with a contract already entered into, and still on foot – see Part 4. · Contract management may require using existing forms of leverage, such as contractual obligations to abide by workplace health and safety standards (locked accommodation, excessive working hours, and abusive behaviour). Some procurement contracts or agreements may already include references to ISO 45001 Occupational Health and Safety Management Systems, ISO 26000 Social Responsibility, or ISO 20400 Sustainable Procurement. · Ongoing contracts may also activate expectations under this Guidance relating to supplier capability development, grievance mechanisms and remediation.
	*Do entities have to report on activities and procurement prior to 1 January 2024?* Many covered entities had obligations to take reasonable steps that commenced on 1 July 2022. They must report on the reasonable steps they have taken since that time. (See Appendix K GRS Annual Reporting Template.) While the Guidance only takes effect from 1 January 2024, it may provide inspiration for reporting on earlier activity. Further clarifications about reporting expectations are set out below, with reference to when reporting takes place.
*Reporting between 1 January 2024 and 30 June 2024*	Entities reporting in 2024 on activity undertaken from 1 January 2023 to 31 December 2023 need only use the Guidance as inspiration. They are however still expected to report using the provided template and online form. In monitoring this reporting, the commissioner will take into account that the guidance was not available until December 2023 and only takes effect on 1 January 2024.
*1 July 2025*	Transactional reporting obligations relating to heightened modern slavery due diligence (HMSDD) procurements commence. Entities should file an online report with the Office of the Anti-slavery Commissioner within 45 days of the entry into force of any contract: · arising from a ‘heightened’ modern slavery due diligence procurement process; and · with a value of AU $150,000 (including GST) or more. For more detail see Appendix L Heightened MSDD reporting.
*Annual reporting occurring between 1 July 2024 and 31 December 2024*	Entities reporting on activity undertaken from 1 July 2023 to 30 June 2024 should endeavour to report against the Guidance for the full year of activities – see Part 6. These entities may find it necessary to assess the GRS due diligence level associated with transactions that took place before 1 January 2024, in order to meet the annual reporting obligations set out in this guidance. In monitoring this reporting, the commissioner will take into account that the guidance was not available until December 2023 and only takes effect on 1 January 2024. In reviewing this reporting, the Anti-slavery Commissioner will focus in particular on: 1. conformance with Part 1 of this Guidance; 2. Heightened MSDD contexts; 3. procurement related to *— information and communication technologies (ICT)* *— cleaning services.*
*Annual reporting occurring between 1 January 2025 and 31 December 2025*	Guidance in effect. Covered entities expected to make best efforts to conform with all aspects of this guidance. In reviewing this reporting in 2025, the Anti-slavery Commissioner will pay attention to: 4. Heightened MSDD contexts; 5. procurement related to — information and communication technologies (ICT) — cleaning services — renewable energy and — domestically produced food and agriculture
*Annual reporting between 1 January 2026 and 31 December 2026*	Guidance in effect. Covered entities expected to make best efforts to conform with the guidance. In reviewing this reporting in 2026, the Anti-slavery Commissioner will pay attention to: · modern slavery risk management in heightened MSDD contexts; · procurement related to — information and communication technologies (ICT) — cleaning services — renewable energy — domestically produced food and agriculture and — construction.

Where the resourcing required by councils to demonstrate compliance with the requirements outlined above is burdensome, General Managers of the region have proposed that a meeting be coordinated to determine the progress each council is making as well as to determine what further support is required. This is being progressed.

ITEM 8 - AUSTRALIA DAY 2025

REPORT IN BRIEF

Reason For Report	Notifying councillors of the schedule for Australia Day 2025
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.2.2.1c - Coordinate Australia Day and Anzac Day events.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2025 - 1735924

RECOMMENDATION

THAT council note the schedule for Australia Day 2025.

Department Leader - Governance & Corporate Performance's REPORT

Preparations for Australia Day 2025 are underway. The registration for the Ambassador program will be lodged with the National Australia Day Council when notification has been received.

Based on previous years it is expected that the Australia Day Ambassador will be announced in mid-December 2024.

Official Party Timetable

Council’s Australia Day Policy states:

Visits to various Australia Day celebration events throughout the Cabonne LGA by the Official Party shall be based on a three-year rotating cycle with provision for adding or deleting localities as required.

2023 – Mullion Creek, Cargo and Canowindra

2024 – Borenore/Nashdale, Cudal, Manildra and Yeoval

2025 – Cumnock, Molong and Eugowra

In 2025, the Official Party will visit Cumnock, Molong and Eugowra.

Nominations

Nominations for Citizen of the Year, Young Citizen of the Year and Community Group of the Year as well as Cabonne Environmental Champion of the Year and Cabonne Sports person of the Year will be open from 30 September until 3 November 2024 and will be advertised extensively in all local media.

Nomination forms will be available on council’s website and linked on council’s Facebook page.

All Australia Day Committees/Progress Associations and schools will be sent nomination forms.

Nominations will close 5pm on Sunday 3 November 2024 for determination at the Australia Day Awards Committee Meeting to be held on Tuesday 12 November 2024.

Promotion and Determination

Councillors are asked for their continued support by spreading the word in their local area once nominations are open. To maintain the community involvement and transparency of the process councillors may only nominate in cases where no nominations have been received.

Council continues to encourage all Australia Day Committees to continue with their Australia Day celebrations and have offered support, by way of promotion of their events and council representation on the day of award presentations for those towns not included in the official itinerary this year.

ITEM 9 - UNSPENT EXPENDITURE REVOTED TO 2024/2025 BUDGET

REPORT IN BRIEF

Reason For Report	To seek council approval for the works listed in the report that did not commence as anticipated in the 2023/2024 financial year and needs to be included in the 2024/2025 budget
Policy Implications	Nil
Budget Implications	$23,966,349 Revotes & Carry Overs budget items from 2024 Financial Year
IPR Linkage	1.1.2.1b - Complete and report the annual budget.
Annexures	1. Revote and Carry Forward List 2024 to 2025 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1731228

RECOMMENDATION

THAT the works listed in the report be included in the 2024/2025 budget.

Department Leader - Finance's REPORT

Council approval is required to revote works that have not commenced and originally budgeted for in the 2023/2024 financial year.

The list of projects are tabled below:-

Revote Project Name	TOTAL AMOUNT TO REVOTE
Disaster Recovery Fund - Box Walls	$ 450,000.00
Disaster Recovery Fund - River Gauges	$ 150,000.00
Eugowra Floodplain Study	$ 40,000.00
Canowindra Floodplain Study	$ 40,000.00
IT Projects	$ 311,500.00
Voluntary Purchase Eugowra	$ 76,000.00
Voluntary Purchase Molong	$ 300,000.00
P0047 Tilt/Tip Truck	$ 200,000.00
P2025 Coordinators Leaseback	$ 50,000.00
P2036 Coordinator Leaseback	$ 50,000.00
CCTV and Repair to Critical Sewer Lines	$ 138,000.00
Renewable Energy Battery Storage	$ 1,500,241.00
AOSP2302 - Advanced Operator Support Grant	$ 150,000.00
P2031 Mayor Leaseback	$ 55,000.00
	$ 3,510,741.00

The revotes proposed from 2023/24 into the 2024/25 budget totals $3,510,741.

The carry forward projects (those projects that have started and did not get completed in the 2023/24 year). These unused budgeted amounts need to be moved from 2023/24 year into the 2024/25 year to ensure project completion. An overview by department of capital and operational projects are below:-

· Capital Projects –

Department	Capital
Economic Development	$1,094,591.71
Environmental Services	$18,009.00
Innovation & Technology	$103,852.70
Plant & Depots	$65,556.97
Sewer	$93,986.25
Transport	$2,560,121.69
Urban Services	$7,379,703.37
Water	$892,021.69
Grand Total	$17,322,345.37

· Operational Projects –

Department	Operational
Community Services	$8,839.09
Environmental Services	$16,914.00
General Managers Office	$2,517.08
Grant	$57,690.23
Innovation & Technology	$73,488.00
Transport	$2,962,679.00
Water	$11,136.08
Grand Total	$3,133,263.48

The full list of revote and carry forward projects by name are attached for perusal.

ITEM 10 - EVENTS ASSISTANCE PROGRAM

REPORT IN BRIEF

Reason For Report	For council to consider applications for funding under the 2024/2025 Events Assistance Program.
Policy Implications	Nil
Budget Implications	$5,000 from the 2024-25 Event Assistance Program budget.
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. Eugowra Harness Racing Club - Events Assistance Program Application - 28-07-2024 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 1733420

Recommendation

THAT council approves under its 2024/25 Event Assistance Program $5,000 for the 2024 Eugowra Canola Cup and Family Picnic Day.

Leader - Community and Economy's REPORT

Council has received one application under the 2024/2025 Events Assistance Program (EAP). Council’s Tourism, Culture & Events Coordinator has provided the following assessment.

Applications under the Event Assistance Program:

1. Eugowra Harness Racing Club

Eugowra Canola Cup Family Picnic Day

Request: $5,000

Recommendation: $5,000

The Eugowra Canola Cup Family Picnic Day is a harness racing event which attracts patrons, owners and trainers from all over Australia. The Eugowra Harness Racing Club committee has worked to ensure that patrons experience country racing at their very best, by offering a range of free activities and entertainment, guaranteeing a fun-filled family day out. The event will be held on 7 October 2022 at the Eugowra Showground.

The Eugowra Harness Racing Club committee is expecting 2,000 people to attend the event, both within and outside of the Cabonne LGA. This figure is in line with previous event attendance. The funds would be used for marketing and promotions, council costs for site preparation (including additional bins and mowing), and to provide entertainment for patrons including a jumping castle, rides, etc.

Based on the guidelines this does meet the criteria for a Flagship Event, however projected event attendance means that the event is unlikely to attract substantially larger visitation numbers (as required through Flagship event funding), thus the recommendation of $5,000.

Council has supported the following events via the 2024/2025 Event Assistance Program:

ASSOCIATION	EVENT	APPROVED AMOUNT
Arts Council Cabonne	Acquisitive Art Prize	$3,300
Central West Disc Golf	Australian Disc Gold Championships 2024	$5,000
Canowindra PA and H Association	Canowindra Show Esky Ball	$2,000
Eugowra Events and Tourism Association	Woodfired Eugowra	$5,000
Arts Council Cabonne Inc.	Celebrating The Seekers 60 Year Anniversary	$1,000
TOTAL		$16,300

There is currently $24,060 left in the budget. If council endorses the above application, there will be $19,060 left in the 2024/2025 budget.

Due to timing of meetings, this report has not been endorsed by the Community, Economy and Culture Committee.

ITEM 11 - DEVELOPMENT APPLICATION 2024/0123 - SUBDIVISION(BOUNDARY ADJUSTMENT) AT 1093 MITCHELL HWY AND 21 WINDERA DRIVE, WINDERA

REPORT IN BRIEF

Reason For Report	For council determination
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.1.1.1a - Receive and assess Development Applications.
Annexures	1. DA 2024-123 1093 Mitchell Hwy Windera Conditions of Consent ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2024\03-2024-0123 - 1729543

Recommendation

That Development Application 2024/0123 for a subdivision (boundary adjustment) between land described as Lot 3 DP 549987, being 1093 Mitchell Hwy, Orange, and Lot 403 DP 1083051, being 21 Windera Drive, Windera, be granted consent subject to the conditions attached.

Department Leader - Development Services' REPORT

ADVISORY NOTES

Record of voting

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

Political Disclosures

In accordance with 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 subdivision (boundary adjustment) described as Lot 3 DP 549987, being 1093 Mitchell Hwy, Orange, and Lot 403 DP 1083051, being 21 Windera Drive, Windera,

The application has been referred to council for determination as there were 23 written objections submitted from the neighborhood notification process. It is recommended that the application be approved subject to the conditions of consent.

Applicant: Matt Forsyth

Owner: Windera East Pty Ltd of Lot 3 DP 549987, 1093 Mitchell Hwy, Orange, & Kylie-Rae Bushel of Lot 403 being DP 1083051 being 21 Windera Drive, Windera

Proposal: Subdivision (boundary adjustment)

Location: Lot 3 DP 549987, 1093 Mitchell Hwy, Orange, and Lot 403 DP 1083051 being 21 Windera Drive, Windera.

Zone: R5 Large Lot Residential

THE PROPOSAL

Council's consent is sought for a subdivision (boundary adjustment) between Lot 3 DP 549987, 1093 Mitchell Hwy, Orange, and Lot 403 DP 1083051 being 21 Windera Drive, Windera. The application seeks approval to carry out a subdivision (boundary adjustment) between the existing lots with the intention of transferring an area of 38m² of land to provide frontage to Windera Drive to both lots (with the purpose of the proposed battleaxe corridor, achieved via this boundary adjustment, to be considered in the future as a potential location for a road to service a latter subdivision of land in the vicinity of the subject lots). The land to be transferred via this boundary adjustment currently accommodates an existing electricity easement and a Right of Carriageway within Lot 403 DP 1083051 (to which the ROW is proposed to be extinguished upon the registration of the boundary adjustment).

The existing access and service arrangements for each property are to remain in the current configuration. Currently each lot has separate access, power, residences, garages, tanks and ancillary buildings. The purpose of the application is to provide connection between the larger holding and Windera Drive, (without changing the existing vehicular access arrangements). The outcome of this proposed boundary adjustment is to enable a future DA to be submitted with regard to development potential of the land to the east of the properties.

Existing lots	Area	Purpose
Lot 3 DP 549887	35.38ha	Dwelling, outbuildings and grazing land. Access from Mitchell hwy.
Lot 403 DP 1083051	2.38ha	Dwelling

Proposed lots	Area	Purpose
100	35.76	Dwelling, outbuildings and grazing. Vehicle access from Mitchell Hwy. Land corridor to link to Windera Dr.
101	2ha	Dwelling

Site Maps

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Site location

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Proposed boundary adjustment

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PREVIOUS APPROVALS (LOT 403)

· DA 2000/341 – 19 lot subdivision that created the subject lot

· 2008/1068 – CDC for a dwelling

· 2021/0239 – boundary adjustment between Lot 403 and Lot 3 - withdrawn

PREVIOUS APPROVALS (LOT 3)

· DA 2002/0191 – two lot subdivision to subdivide the existing dwelling from the residual farmland. The application was refused as it did not comply with the rural subdivision standards.

· DA 2005/0227 – two lot subdivision to subdivide the existing dwelling from the residual farmland. The application was refused (by a recission motion) as the proposed subdivision did not comply with the rural subdivision standards. Rezoning of the subject land was being discussed with the proponent as the preferred pathway by both council and the Dept of Planning

· 2021/0239 – boundary adjustment between Lot 403 and Lot 3 - withdrawn

· DA 2024/0131 – two lot subdivision to separate the existing dwelling from the residual holding – Current DA pending development assessment.

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), and

· 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 not appear on the NSW Biodiversity Map, and the proposal does not involve clearing of native vegetation. Part of Lot 3 is mapped by the CLEP 2012 as having Ecological Endangered Conservation (EEC) biodiversity being Blakely's Red Gum - Yellow Box open-woodland of the tablelands. The proposal is not likely to significantly affect threatened species because no land clearing is proposed.

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 June 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).

Comment: The boundary adjustment seeks to transfer 38m² of cleared land between allotments. The proposal does not require RFS consultation and council may determine the application.

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
Lot size map	Minimum lot size 2ha
Heritage map	Not a heritage item Not within a heritage conservation area
Terrestrial Biodiversity Map	Has biodiversity sensitivity on the subject land
Flood planning map	Not within a flood zone
Natural resource – karst map	Not within a karst area
Drinking water catchment map	Not within a drinking water catchment area
Riparian land and watercourse map,	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.

· A screenshot of a computer

Description automatically generated

A Building Envelope is registered on the title of Lot 403 DP 1083051, and a dwelling is sited within that area. The boundary of the Building Envelope will marginally extend into the battleaxe corridor proposed by the boundary adjustment. A Power line easement and ROW affect the battleaxe corridor of the proposed boundary adjustment.

Part 2 - Permitted or Prohibited Development

Clause 2.1 - Land Use Zones and Land Use Table

The subject site is located within the R5 zone. The proposed development is defined as ‘subdivision’ under the LEP 2012 and is permitted with consent in this zone, and this application is seeking consent.

Clause 2.3 - Zone Objectives

The objectives for land zoned R5 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 boundary adjustment does not adversely impact housing permissibility, or environmental considerations.
To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.	The subject area is zoned for large lot residential use. The area is not identified for urban development.
To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.	The boundary adjustment does not increase demand for services or facilities.
To minimise conflict between land uses within this zone and land uses within adjoining zones.	The boundary adjustment will not result in land use conflict within the surrounding R5 zone.

2.6 Subdivision—consent requirements

(1) Land to which this Plan applies may be subdivided, but only with development consent.

Notes—

1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

2 Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note—

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

This clause provides permissibility for the proposed subdivision.

Part 3 - Exempt and Complying Development

The application is not exempt or complying development.

Part 4 - Principal Development Standards

Clause 4.1 - Minimum Subdivision Lot Size

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

In relation to this site, the map nominates a minimum lot size of 2ha. The smallest lot proposed by the application is 2ha.

Part 5 - Miscellaneous Provisions

5.16 Subdivision of, or dwellings on, land in certain rural, residential or conservation zones

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

(2) This clause applies to land in the following zones—

(a) Zone RU1 Primary Production,

(b) Zone RU2 Rural Landscape,

(d) Zone RU4 Primary Production Small Lots,

(e) Zone RU6 Transition,

(f) Zone R5 Large Lot Residential,

(g) Zone C2 Environmental Conservation,

(h) Zone C3 Environmental Management,

(i) Zone C4 Environmental Living.

(3) A consent authority must take into account the matters specified in subclause (4) in determining whether to grant development consent to development on land to which this clause applies for either of the following purposes—

(a) subdivision of land proposed to be used for the purposes of a dwelling,

(b) erection of a dwelling.

(4) The following matters are to be taken into account—

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

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

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

The subdivision (boundary adjustment) will not impact upon adjacent large lot residential allotments.

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 CLEP 2012 biodiversity map identifies part of Lot 3 as containing Endangered Ecological Community vegetation being Blakely's Red Gum - Yellow Box open-woodland of the tablelands. The proposed development of the site is located clear of sensitive areas. Additionally, the proposed vehicular access to the development is clear of the sensitive areas.

In this regard the proposal has been designed 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.

A map of a river

Description automatically generated

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

Clause 6.8 - Essential Services

Clause 6.8 applies and states:

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

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

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

(e) suitable road access.

In consideration of this clause, all utility services are available to the land and adequate for the proposal. No adjustments to essential services are required by the boundary adjustment proceeding.

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.

State Environmental Planning Policy (Transport and Infrastructure) 2021

Chapter 2 Infrastructure – Division 5 Electricity Transmission or Distribution

2.48 Determination of development applications—other development

(1) This section applies to a development application (or an application for modification of a consent) for development comprising or involving any of the following—

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

(b) development carried out—

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

(ii) immediately adjacent to an electricity substation, or

(iii) within 5m of an exposed overhead electricity power line,

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

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

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

(2) Before determining a development application (or an application for modification of a consent) for development to which this section applies, the consent authority must—

(a) give written notice to the electricity supply authority for the area in which the development is to be carried out, inviting comments about potential safety risks, and

(b) take into consideration any response to the notice that is received within 21 days after the notice is given.

(3) Subsection (2) does not apply to development specified in subsection (1)(b) if the development involves only one or more of the following—

(a) internal alternations to a building,

(b) a change of use of an existing building,

(d) a subdivision that does not involve construction work.

Comment: The subdivision (boundary adjustment) satisfies the above clause being subdivision that does not require construction work.

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

There are no draft instruments that apply.

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.

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.

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)

Development Control Plan

Development Control Plan 6 – Rural Small Holdings applies to this land. The proposed development is consistent with Part 3 – Guidelines for Subdivision of DCP 6 below:

3.1 Minimum Lot Size

The proposed development satisfies the minimum lot size as set out under Clause 4.1 of Cabonne Local Environmental Plan 2012.

3.2 Services

As noted in the LEP assessment, conditions of consent are attached with regards to services (power, road, access etc.). Reticulated water and sewer are not available to the land, with existing and future dwellings serviced by water tanks and septic systems.

3.3 Fencing

A condition of consent will be imposed requiring the new boundary between the allotments is to be fenced to a dog proof standard in accordance with DCP requirements.

3.6 Bushfire Protection

As no additional lots are to be created, or additional dwellings proposed by the subdivision (boundary adjustment) a bushfire assessment has not been required.

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 (clauses 27 and 75)

A Basix certificate does not apply to the development.

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

Impacts	Satisfactory	Not Satisfactory	Not Relevant	Comments + conditions to ensure satisfactory
Context & Setting				The proposed subdivision (boundary adjustment) is not inconsistent with the pattern of surrounding development.
Traffic, access and parking				Existing vehicle access ways servicing the two dwellings are to be retained. Access to Lot 100 is to be retained from the Mitchell Highway, while access to proposed Lot 101 is to be retained from Windera Drive. A ROW over the northern boundary oof the existing Lot 403 and servicing Lot 3 is to be extinguished as part of this application.
Utilities & Servicing				No adjustments are required to utility services.
Biodiversity				No tree clearing is proposed as part of this application.
Natural hazards - flooding, bushfire etc.				The subject land is identified as bushfire prone. The boundary adjustment does not require mitigation measures.
Cumulative Impacts				Adverse cumulative impacts considered unlikely for the reasons set out above.

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 development application was exhibited from the 7 May until 21 May 2024. By the conclusion of the notification period council received 21 submissions, of which 20 were opposing the proposal. The applicant was provided opportunity to provide comment on the submissions and a written response was received by council from the applicant.

Issues	Council Response
Submission 1
Sections of Windera Drive between Lot 403 / DP 10883051 (21 Windera Drive) and Mitchell Highway include a crest with hidden driveways and adjoining roads with limited sight lines. Similarly, Windera Drive does not provide a safe corridor for pedestrians due to narrow verges, and steep, inaccessible sides both above and below the road alignment. The future subdivision foreshadowed by these DAs, will lead to permanent increases in traffic volume, noise, and accident risk on Windera Drive. Hence, we reject both DAs in their current form, in relation to the proposed creation of a road from Windera Drive to 1093 Mitchell Highway.	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Dr. The access to the larger property will remain from the Mitchell Highway. If a development application is subsequently submitted to council to create further allotments and / or an access road, it would be merit assessed at that time. Comments noted - the issues raised do not relate to any issues arising from the boundary adjustment
Submission 2
Concern that the use of Windera Drive as the only means of entry to the new estate The road has several blind spots also which would need to be addressed as well Concern that will be difficult for the people who live in my street to be able to safely pull out onto Windera Drive if the amount of traffic is doubled by the new subdivision. The threat of fire is also a reason why this should not be approved The destruction of viable farming land and habitat for wildlife is also a major concern	The development application submitted is for a boundary adjustment only. This does not grant the applicant any formal access road off Windera Dr. The access to the larger property will remain from the Mitchell Highway. Should a subsequent development application be submitted to council to create further allotments and / or an access road, it would be merit assessed at that time. Whilst all comments are noted, they do not address any issues arising by a boundary adjustment
Submission 3
Additional traffic on Windera Drive, including construction traffic – increased risk of accidents. Windera Drive requires frequent maintenance, this will get worse with increased traffic & heavy vehicles There will be an increase in traffic noise for residents on Windera Drive There are no footpaths in Windera’s streets, pedestrians must use the roadway in many locations on Windera Drive There is only one entry / exit point for Windera, potentially problematic in an emergency situation If council does approve the current application on the basis that it is a boundary adjustment only, then it must be made clear to the applicant that approval of the boundary adjustment is not an endorsement of the principle that access to any future subdivision	The development application submitted is for a boundary adjustment only. This does not grant the applicant an access road off Windera Dr. The access to the larger property will remain from the Mitchell Highway. If a development application was submitted to council to create an access road it would be merit assessed like all applications. Whilst all comments are noted, they do not address any issues arising by a boundary adjustment
Submission 4
This will increase traffic on an already dilapidated and unsafe Windera Drive There currently is a number of heavy vehicles using this road on a daily basis Currently the road speed is 60kpm - too fast for the road conditions There is currently no footpaths on Windera Drive - school children, pedestrians and cyclists are forced to walk/ride on the road as no safe verge We feel it is dangerous to only have one access road into the estate If the current application is only for a boundary adjustment, then please ensure that the applicant is aware that this is not an endorsement of the principle that access to any future subdivisions could be from Windera Drive.	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 5
The proposed development will result in increased vehicle traffic on Windera Drive, increasing the risk of vehicle accidents, both during construction and after Windera Drive, like all the roads within Windera, is used for pedestrian traffic by residents exercising, walking dogs and other similar activities. Windera Drive has poor sightlines, particularly between Emmas Lane and Thomas Kite Lane and has no shoulder Windera Drive is the sole access road into and out of Windera. In any emergency it is also therefore the only escape route for all residents, and the only access way for emergency vehicles It should be noted by council that the previous application for a new subdivision in this area was opposed by the majority of Windera residents. This opposition has not changed in the interim.	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Dr. The access to the larger property will remain from the Mitchell Highway. If a development application was submitted to council to create an access road it would be merit assessed at that time. Whilst all comments are noted they do not address any issues raised by a boundary adjustment
Submission 6
The Department of Planning & Environment - Crown Lands (the department), as adjoining landowner has reviewed the development application in accordance with the principles of Crown land management (s.1.4 Crown Lands Management Act 2016) and offers no objections to the proposed development as no impact to Crown land has been identified.	Submission from crown land stating they have no objections with the proposed
Submission 7
An additional traffic on Windera Drive, including construction traffic will greatly increase the risk of accidents in the location Windera Drive already requires frequent maintenance as it would appear that it isn’t capable of accommodating the existing traffic For those residents in Windera Drive there will be an increase in traffic noise There are no footpaths in Windera’s streets, pedestrians must use the roadway in many locations on Windera Drive Windera Drive has poor sightlines between Emmas Lane and Thomas Kite Lane and has no shoulder If Council does approve the current application on the basis that it is a boundary adjustment only, then it must be made clear to the applicant that approval of the boundary adjustment is not an endorsement of the principle that access to any future subdivision on Lot 3 DP549987 could be from Windera Drive.	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications. Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 8
Windera Drive was never developed with the intention of carrying the proposed additional load of traffic Your proposal for using Windera Drive is unacceptable as it will affect the environment with pollution noise and emissions We also object strongly to the council proposing to make Windera Drive wider As council is no doubt aware, the only point of entry and exit to/from Windera is via Windera Drive Altering setbacks from 20m (as they are for us in Windera) to 10m will have particular impact on those bordering any proposed development as well as those of us that will have a view toward it. Current setbacks of 20m should be maintained. Finally, it must be noted that any proposed development would have minimal positive financial impact on Cabonne Council Sewerage and water are not provided by Cabonne Council. Stormwater drainage and telephone reception infrastructure can be at best described as poor. Therefore, it seems unacceptable for the council to place additional load on its poor existing infrastructure in Windera.	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications. Whilst all comments are noted they do not address any issues caused by a boundary adjustment There is no altering of setbacks they remain the same Sewage and water comments noted but no applicable to the proposed
Submission 9
Additional traffic on Windera Drive both during construction and after increase the risk of accidents Residents on and be near Windera Drive will be exposed to incurred traffic noise There are no footpaths on Windera Streets exposed residents, in in particular children, to accident through increased traffic and the need to walk on the roadway Poor sight lines on Windera Drive between Emmas lane and Thomas Kite Lane The concerns of Windera residents do not appear to have been considered as the various applications relating to this development have proceeded	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 10
My main objection is the extra traffic these developments will have on Windera Drive and the safety risk it poses to my family, neighbours, .and community. Another concern relates to the safety of pedestrians. Windera drive does not provide a safe corridor for pedestrians. There are no footpaths in Windera, and it is unsafe to walk on Windera Drive There is also only one entry and exit point for Windera I have reviewed the reports from MPF Surveying. It mentions that the proposed Lot 100 will have an area of 35.76 with access to the Mitchell Highway. My question is why the whole proposal cannot access the Mitchell Highway, eliminating the need for access to Windera Drive I would also like to understand the full intentions of the owners, Windera East Pty Ltd and Kylie-Rae Bushel. I understand there is another proposed subdivision of Lot 100 in DP 1304633, 1093 Mitchell Highway Orange I seek re-assurance that the Mitchell Highway will be used for any future development. The report goes onto to read that traffic generation will not change. This will only occur if all development proposals to use Windera Drive are denied. Please only approve any development/subdivision application on the condition that the Mitchell Highway, where sightlines and road conditions are better, is accessed and used for traffic.	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 11
The creation of a new road from Windera Drive to Lot 3/DP549887 for the purpose of creating an access road for future subdivision will have a significant impact on the existing residents of Windera. I have no objection to future developments on the Windera East site. I do however strongly object to traffic from Windera East being channeled through Windera Windera Drive has no footpaths. School children wait for and disembark from the school bus standing on Windera Drive The exit from Windera Drive onto the Mitchell Highway is already an area of concern, with morning sun causing significant visibility issues for anyone trying to leave Windera I strongly object to the proposal to create a road from Windera Drive to 1093 Mitchell Highway which will lead to a permanent increase in traffic volume, noise and accident risk on Windera Drive	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications. Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 12
It is contrary to the principles set out in the Settlement Options Paper, which envisages access to SA6 from Horspool Way There is currently only one entry / exit point for Windera If this proposal proceeds, the resulting significant increases in traffic volumes will increase the chances of accidents at the intersection of Windera Drive and the Mitchell Highway and at the intersections of Windera Drive with Woolshed Lane, Emmas Lane and Thomas Kite Lane There will be an increase in traffic noise for residents on Windera Drive There are no footpaths in Windera's streets, pedestrians must use the roadway in many locations on Windera Drive The construction of Windera Drive is such that frequent maintenance is required, a cost borne by council	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications. Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 13
As a Windera resident I strongly object to increased traffic through Windera . I would also like to point out that there is only ONE exit from Windera a mistake made by Council In paragraph 4 of section 1 again states very clearly the subdivision is for access to Windera and so if Council agrees to this document then law will accept the road to Windera	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 14
The boundary adjustment would likely cause increased traffic including construction traffic Traffic noise would be an issue for those on Windera drive One of my main concerns is that there are no footpaths in Windera Windera Drive has poor sightlines between Emmas Lane and Thomas Kite Lane and has no shoulder There is only one entry / exit point for Windera, potentially problematic in an emergency situation If Council does approve the current application on the basis that it is a boundary adjustment only, then it must be made clear to the applicant that approval of the boundary adjustment is not an endorsement of the principle that access to any future subdivision on Lot 3 DP549987 could be from Windera Drive	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications. Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 15
Additional traffic on Windera Drive, including construction traffic would increase the risk of accidents Windera Drive requires frequent maintenance, which is rarely done There will be an increase in traffic noise for residents on Windera Drive. There are no footpaths in Windera’s streets As well Windera Drive has poor sightlines between Emmas Lane and Thomas Kite Lane and has no shoulder There is a high, steep embankment on the northwestern side of the road in this section, making pedestrians use the road for walking and not be visible until the last second There is only one entry / exit point for Windera If Council does approve the current application on the basis that it is a boundary adjustment only, then it must be made clear to the applicant that approval of the boundary adjustment is not an endorsement of the principle that access to any future subdivision on Lot 3 DP549987 could be from Windera Drive	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications. Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 16
Additional traffic on Windera Drive, including construction traffic – increased risk of accidents Windera Drive requires frequent maintenance, this will get worse with increased traffic & heavy vehicles associated with construction There will be an increase in traffic noise for residents on Windera Drive. There are no footpaths in Windera’s streets Windera Drive has poor sightlines between Emmas Lane and Thomas Kite Lane and has no shoulder There is only one entry / exit point for Windera, potentially problematic in an emergency situation Additional lots accessing Windera Drive will make the situation worse If Council does approve the current application on the basis that it is a boundary adjustment only, then it must be made clear to the applicant that approval of the boundary adjustment is not an endorsement of the principle that access to any future subdivision on Lot 3 DP549987 could be from Windera Drive.	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 17
The proposed development will result in additional traffic on Windera Drive Windera Drive requires frequent maintenance There will be an increase in traffic noise for residents on Windera Drive There are no footpaths in Windera’s streets, pedestrians must use the roadway in many locations on Windera Drive Windera Drive has poor sightlines between Emmas Lane and Thomas Kite Lane and has no shoulder There is only one entry / exit point for Windera If Council does approve the current application on the basis that it is a boundary adjustment only, then it must be made clear to the applicant that approval of the boundary adjustment is not an endorsement of the principle that access to any future subdivision on Lot 3 DP549987 could be from Windera Drive	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 18
The access point for any proposed sub-division of the land (current Lot 3) needs to be only be via the existing Mitchell Highway and not via Windera Drive. In addition, Council should place conditions that all construction vehicles must use the direct Mitchel highway access throughout the construction phase, which should also be retained as the primary and only future subdivision road access point.	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 19
The issue that we have, is the extra strain it will put on Windera drive . This road is already in a state of disrepair and is not constructed in a way to carry the extra traffic, especially heavy traffic. Is the reason this is being considered, more to do with the fact that it will save the developer a considerable amount of $ ,as opposed to entering the development directly from the Mitchell highway	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 20
In the above document under item 1 paragraph 2 states " which in future will be dedicated as Road " . this implies that the subdivision if approved will be followed by an access road to Windera for the future development of land to the East of Windera. As a Windera resident I strongly object to increased traffic through Windera and point out that while the traffic when all lots are settled will not be huge you can appreciate there will be a very large amount of work traffic to complete the development and at present the main road (in Windera ) to the development is in a poor condition I would also like to point out that there is only ONE exit from Windera a mistake made by Council In the above document item 1 paragraph 3 it states very clearly the purpose of the application is to establish a site for a road into Windera - " ....to ensure tenure of the access corridor....." This statement expects the road to go ahead. section 1 again states very clearly the subdivision is for access to Windera and so if Council agrees to this document then law will accept the road to Windera An application for the development lot ( being a 16 lot proposed subdivision ) will be made in the near future" This seem to me to contradict " no new lots are proposed" Item 6 f) on page 8 says " Traffic generation will not change as a result of the proposed subdivision	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications Whilst all comments are noted they do not address any issues caused by a boundary adjustment
Submission 21
MPF Surveying’s past applications were rejected by many Windera Estate Residences because of this, having only one access and egress point into an enlarged Estate with an increased flow of traffic along Windera Drive and onto and off the Mitchell Highway. this would cause congestion and issues with residences leaving the Estate in the event of a natural disaster and emergency responders accessing the Estate The increased chance of hard surfaces such as internal roads and driveways could potentially increase the chance of run off in rain heavy rain events causing issues for residences and the water course downstream / lower areas of the Estate. The increase in traffic flow, noise and headlights will take away the reason why people bought property in the original Windera Estate development and built homes for the peace and quite offered by such a development It was also explained in the past that Roads and Traffic NSW would and have refused any possibility of opening up Horsepool Way as an alternative access / egress point into any potential new development as there is the crest of the hill coming from the Orange City direction and that there was not enough room to install a turning lane onto Horsepool Way off the Mitchell Highway. Question, why was this not considered in the past if Cabonne Council would have known there was the potential for future development / subdivision? I strongly reject both applications mentioned above as I see it as an attempt by MPF Surveying to sneak its way into the existing Windera Estate access and egress road, Windera Drive, by separating the original homestead from the larger parcel of land and changing the boundary line to gain access to Windera Drive.	The development application submitted is for a boundary adjustment only, this does not grant the applicant an access road off Windera Rd, the access to the property will remain from the Mitchell highway at this stage. If a development application was submitted to council to create an access road it would be merit assessed like all applications. Whilst all comments are noted they do not address any issues caused by a boundary adjustment

Response to submissions

The proponent provided a response to submissions, noting the key points raised traffic impacts as the primary concern. It was noted that submissions largely raised concerns relating to the potential for future large lot residential development of the East Windera area. As the DA before council is for a boundary adjustment only, the impacts assessed must relate only to the development proposal as submitted. The boundary adjustment will not generate additional traffic, road noise, degradation of road conditions, or increase dwelling permissibility.

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 Smalling Holdings. 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 12 - 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 - 1733197

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 13 - 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 - 1733198

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 14 - 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 - 1733200

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 15 - 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 - 1733201

RECOMMENDATION

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

General Manager's REPORT

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

ITEM 1 - TRANSFER OF CROWN ROAD AT OPHIR RESERVE

REPORT IN BRIEF

Reason For Report	Clr Rawson, at the February 2024 council meeting, requested a report on status of a road transfer required as a condition of consent for DA 2007/158
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.1.1.1a - Receive and assess Development Applications.
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2007\03-2007-0158 - 1731442

Deputy General Manager - Cabonne Services REPORT

At the council meeting held on February 2024, Clr Rawson requested that a report be provided to council providing an update on actions taken by council to transfer a Crown Road reserve at Ophir to council control.

Development consent was issued by council in 2007 for a gold mine and a quarry upon freehold land to the immediate north of the Ophir Reserve. Access to the development was to be over a track in use, across Crown Reserve. Subsequent to a modification to that development consent, council was required to apply to the Crown to acquire the area of land over which the access track lay, and to create a public road. In essence this required the aacquisition of part of Lot 7003 DP 1000879.

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Location plan

The process to acquire the Crown land commenced and continued over the span of several years. With changes to staff within Cabonne in more recent years, this matter had not progressed, or been reallocated to new staff. The process to acquire the land has been reactivated, and as the application must be made via electronic lodgement, the acquisition process has in effect recommenced.

ITEM 2 - MOLONG ANIMAL HOLDING FACILITY RELOCATION UPDATE

REPORT IN BRIEF

Reason For Report	For the information to be noted
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.2.2.1a - Manage a return/rehome of impounded animals’ program.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\DESIGN AND CONSTRUCTION\MOLONG POUND FACILITY - LOT 30 DP 130510 - 1734086

Department Leader - Environmental Service's REPORT

Molong pound relocation

At council’s 26 March 2024 meeting, a motion was passed requesting a further report be provided to council scoping the relocation of the Molong animal holding facility.

Funding was secured from internal sources. Base earthworks have been completed on site with the soil stockpiled from the main street project. A planning consultant is currently preparing a modification application to amend the initial development application for relocation of the holding facility, to enable the temporary facility to proceed. As this is a council project to be undertaken on council owned land, a private certifier will need to be appointed for the Construction Certificate phase. Construction materials have been ordered and a builder has also been secured and is available to commence work once the development consent and a construction certificate are obtained.

The new facility will include 8-10 prefabricated cages and have the animals protected year-round from weather conditions.

ITEM 3 - ARTS OUTWEST 2023 ANNUAL REPORT

REPORT IN BRIEF

Reason For Report	For council to note Arts OutWest 2023 Annual report and Advisory Committee terms of reference.
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	1. Cabonne - AOW Annual Report appendix Council pages 2023 ⇩ 2. AOW Advisory Committee Terms of Reference ⇩
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 1733467

Leader - Community and Economy's REPORT

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

In its 2023 annual report, Arts OutWest estimated it provided Cabonne $30,606 worth of value for its membership.

This was based on:

1. Arts Media Program - 100 events promoted at $75 per event.

2. NSW Government’s Country Arts Support Program (CASP) - Brunch & Lunch Concert, Banjo Paterson Museum.

3. Other projects including Culture Maps, support for artists and businesses effected by floods, Eugowra, Canowindra, Molong, Viv! new work development (Catherine McNamara), and online networks.

4. Arts OutWest workshops - Professional development and funding workshops, and Creative Business workshop Molong.

5. Core services - Includes time spent giving advice and support in Cabonne region and time spent on regional advocacy.

This conservative estimate of services represents a 292% return on the council’s contribution to Arts OutWest.

The Arts OutWest Advisory Committee is a body established in 2018, set up as a consultative body to inform the decisions of the Arts OutWest Board. The Committee’s Terms of Reference are attached to this report. Council has continued its financial contribution to Arts OutWest for the 2024-25 year. Cabonne is one of 11 Central West councils who are members of Arts OutWest, with Bathurst, Blayney, Cowra, Forbes, Lachlan, Lithgow, Oberon, Orange, Parkes and Weddin.

ITEM 4 - TRANSPORT INFRASTRUCTURE UPDATE

REPORT IN BRIEF

Reason For Report	To provide the committee members an update within the Transport Infrastructure department.
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\MEETINGS\OPERATIONS MEETINGS - 1734824

Department Leader - Transport Infrastructure REPORT

The following report provides an update on major projects up to the end of July 2024.

Four Mile Creek Road

Work has been completed and the road has been re-opened.

Amaroo Road

Work has been completed.

Canomodine Lane bridge

Work has been completed and the road has been re-opened.

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Nyrang Creek bridge

Work has been completed and the road has been re-opened.

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Nyrang Creek Bridge

Pinecliffe Road causeway

The road remains closed due to damage caused by the ARGN 1034 natural disaster event. Recommendations to accept tender for repairs will be made to Council at the August 2024 meeting.

Washpen Creek bridge

Work on Washpen Creek bridge is nearing completion with traffic using the bridge under traffic management while the sidetrack is being removed. Sealing the approaches will occur in early August.

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Washpen Creek Bridge – 24 July 2024

Peak Hill Road Upgrade – Roads of Significant Importance (ROSI)

This project is currently on-hold subject to a determination from the funding body.

Footpaths in Cabonne

Works have been completed.

Molong Gasworks Lane

Work to be completed includes:

· Currently working with the NRMA to develop plans and install EV charging stations.

Windeyer Street (Piggery Lane), Manildra

New box culverts have been installed along with pouring a concrete road deck. Work on hold with road approaches pending dry weather.

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Gravel re-sheeting

Locations identified:

· Cowriga Road, Spring Terrace - COMPLETED

· Long Point Road, Mullion Creek - COMPLETED

· Quarry Road, Moorbel - COMPLETED

· Wicks Lane, Moorbel - COMPLETED

· Lookout Road, Mullion Creek

· Rice Street, Canowindra

· Newcomb Street, Canowindra

· Cahill Road, Canowindra

· Red Lane, Moorbel

· Bowens Lane, Cudal

· Coates Creek Road, Cudal

· Mousehole Lane, Cudal

East area of Cabonne

Works completed has included:

Patching crews:

Local Roads (Cold mix)

Woods Lane	Gowan Road
Darley Road	Feathers Lane
Vittoria Road	Bowan Park Road
Emu Swamp Road	Mulyan Road
Lower Lewis Ponds Road	Clergate Road
Icely Road	Belgravia Road
Byng Road	Stagecoach Road
Caves Creek Road	Spring Glen Road
Bradleys Road	Forest Reefs Road
Spring Terrace Road	Ophir Road

Regional Roads (Cold mix)

· Burrendong Way

· Cargo Road

Maintenance grading

· NIL

Tree Veg (by hand)

· Griffin Road

· Convent Road

· Underwood Road

· White Rocks Road

Tree Veg (Contractors)

· Clergate Road

· Kangaroobie Road

· Kent Road

· Fanning Road

· Byng Road

· Emu Swamp Road

· Favell Road

Drainage

· Bevan Road

· Cargo Road (Lidster Fire Shed to Cargo)

· Spring Hill Road

· Four Mile Creek Road

· Belgravia Road

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Belgravia Road – Before Drainage work

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Belgravia Road – After Drainage work

Drainage (Contractors)

· Kent Road

· Byng Road

· Icely Road

Culvert Cleaning

· Bevan Road

· Belgravia Road

South area of Cabonne

Heavy patching

· NIL

Grading

· Cranbury Church Road, Cranbury

· Toogong Road, Toogong

· Sussex Lane, Toogong

· South Bowan Park Road, Cargo – delayed due to weather

· Paling Yard Loop, Cudal - delayed due to weather

· Nanami Lane, Cargo - delayed due to weather

Patching

· Casuarina Drive

· Warraderry Way

· Nangar Road

Drainage

· Warraderry Way

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· Nangar Road

· Red Lane

· Wick Street

· New culvert installed on Toogong Road south of Sussex Lane following collapse of old box culvert

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Culvert Repair on Toogong Road

Tree vegetation

· Davys Plains Road, Cudal

· Belubula Way, Canowindra

RMCC

· Inspections and general maintenance repairs to state road network which now includes Packham Drive.

North area of Cabonne

Works completed include:

Drainage works

· Euchareena Road

· Yuranigh Road

Maintenance grading

· Loombah Road

· Norah Creek Road

· Rutherford Road

· Bocoble Gap Road

· Sandy Creek Road

Patching

· Renshaw McGirr Way

Tree vegetation works

· Baldry Road, Cumnock

· Packham Drive, Molong

ITEM 5 - 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\REPORTING\RESOLUTIONS REGISTER 2023-2027 - 1734495

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 6 - 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 - 1733929

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 were processed in the last month.

ITEM 7 - 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 July 2024 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1733498

Department Leader - Finance's REPORT

The rate collection summary to 30 July 2024 is attached for Council’s information. The percentage collected is 2.79%. For the same time last year, the percentage collected was 8.33%.

The reduction in collections for the July 2024 period in comparison to previous years is attributed to delays in processing of bank statements after completion of end of year processes and ratepayers not receiving posted rates notices for the current financial year until 29 July 2024. The first instalment is due 31 August 2024. Throughout the next month, we should see the collection percentage realign to prior year percentages.

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ITEM 8 - 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. Monthly Investment Report - July 2024 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 1733573

Department Leader - Finance's REPORT

Council’s investments as of 30 July 2024 stood at a total of $57,308,000.

Council’s July 2024 Weighted Average Maturity (WAM) is 202 days with a Weighted Average Yield (WAY) of 4.9937%.

Council had no maturities during the month of July 2024.

The Reserve Bank’s official cash rate has remained steady at 4.35% during the month of July 2024. Council’s Performance Benchmark is the 30-Day Bank Bill Swap Rate and council is currently performing above the 29 July 2024 Performance Benchmark of 4.3395%.

Multiple year comparisons have been performed and as you will see from the graphs provided below, council is currently trending higher in all areas of investment measurements.

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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 July 2024 is attached for council’s information.

ITEM 9 - DEVELOPMENT APPLICATIONS APPROVED DURING JULY 2024

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 - 1733868

Department Leader - Development Services' REPORT

Development Applications that have been approved during the period 1 July 2024 to 31 July 2024 are detailed below.

SUMMARY OF DEVELOPMENT APPLICATIONS APPROVED

DA Number	Application Description of Work	Development Value	Applicants Name	Property Address
2024/0160	Farm shed	$40,500	Anthony Ian Seckold	Lot 175 DP 756890, 19 Griffith Lane, March
2024/0144	Carport	$11,000	Stephen John Mason	Lot 313 DP 1068911, John Carroll Lane, Windera
2024/0167	Storage shed	$45,000	Kevin Mark Fruin	Lot 9 DP 1093663, Shepherd Dr, Mullion Creek
2024/0128	Telecommunications facility	$310,000	UGL Operations and Maintenance Pty Limited	Lot 42 DP 214942, Nanima St, Eugowra
2024/0157	Farm building	$96,000	Timothy Bassmann	Lot 9 DP 1177075, 39 Carcoar St, Spring Hill
2024/0156	Digital advertising signage	$30,000	Dept Education & Training	Lot 201 DP 1161292, 3 Hill St, Eugowra
2024/0121	Change of use - Intensive Livestock Agriculture	$	James Martin Ryan	Lot 12 DP 756895, Burrendong Way, Mullion Creek
2024/0098	Subdivision	$0	M Carroll & Sons Pty Ltd	Lot 11 DP 1240629 & Lot 61 DP 750133, 401 Garra Rd, Molong
2024/0112/1	Manufactured dwelling	$0	Bedding William Frederick	Lot 5 & 6 DP 758396, Chesher St, Eugowra
2024/0088	Demolition and erection of farm building	$80,000	Clifford James William Clements	Lot 40 DP 750145, 3472 Cargo Rd, Cargo
2024/0156/1	Digital advertising signage	$0	Dept Education & Training	Lot 201 DP 1161292, 3 Hill St, Eugowra
2024/0061/1	Manufactured home	$0	Cowra Design Drafting	Lot 187 DP 750182, 10 Loftus St, Eugowra
2000/182/1	Subdivision of land into 7 Lots	$0	Peter Basha Planning & Dev	Lot 99 DP 1020247, 1 Deight St, Molong
2025/0009	Storage shed	$20,000	Alan John Bates	Lot 4 DP 758226, 4 Brooks St, Cargo
2025/0006	Storage shed	$61,000	Phillip Martyn Stephenson	Lot 3 DP 758221, 3 George Russell Dr, Canowindra
TOTAL: 15		$693,500

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS APPROVED

CDC Number	Application Description of Work	Development Value	Applicants Name	Property Address
TOTAL: 0		$0

GRAND TOTAL: 15

$693,500

ITEM 10 - DEVELOPMENT APPLICATIONS RECEIVED DURING JULY 2024

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 - 1734055

Department Leader - Development Services' REPORT

Development Applications that have been received during the period 1 July 2024 to 31 July 2024 are detailed below.

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

DA Number	Application Description of Work	Development Value	Applicant’s Name	Property Address
2024/0112/1	Manufactured dwelling	$0	Bedding William Frederick	Lot 5 & 6 DP 758396, Chesher St, Eugowra
2025/0002	Alterations & additions to existing building	$1,804,0000	Planning Potential	Lot 1 DP 108962, Unit 2ü70 Gaskill St, Canowindra
2025/0001	Temporary Use (Community Event)	$0	Cabonne Council	Lot 15 DP 10440010, Grevillea Ave, Eugowra
2025/0003	Shed	$35,000	Garage World Central West	Lot 116 & 117 DP 750170, 150 Riddell St, Molong
2025/0004	Boundary adjustment	$0	Charles Neal Livermore	Lot 11 DP 1138761, 6 Riddell St, Molong
2025/0005	2 Lot Subdivision & dual occupancy	$400,000	Craig Leslie Williamson	Lot 10 DP 758643, Loftus St, Manildra
2025/0008	Home business	$0	Judith Denise Mugridge	Lot 19 DP 11639, 63 Oberon St, Eugowra
2025/0007	Dwelling	$894,000	James Troy Gosper	Lot 133 DP 750141, Bocoble Gap Rd, Molong
2025/0006	Storage shed	$61,000	Phillip Martyn Stephenson	Lot 3 DP 758221, 3 George Russell Dr, Canowindra
2024/0156/1	Digital advertising signage	$0	Dept Education & Training	Lot 201 DP 1161292, 3 Hill St, Eugowra
2025/0009	Storage shed	$20,000	Alan John Bates	Lot 4 DP 758226, 4 Brooks St, Cargo
2025/0010	Dwelling	$454,000	Cavalier Homes Central West NSW	Lot 2 DP 758311, 49 Main St, Cudal
2025/0012	Storage depot	$0	Reutos Ventures Pty Ltd	Lot 27 DP 32670, Wenz Lane, Canowindra
2025/0011	2 Lot Subdivision	$0	Planning Potential	Lot 21 DP 758693, 129A King St, Molong
Total: 14		$3,668,000

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

CDC Number	Application Description of Work	Development Value	Applicants Name	Property Address
2025/1001	Swimming pool	$20,000	Victoria Kate Spurway	Lot 12 DP 806737, 173 Spring Glen Rd, Summer Hill Creek
2023/1018/1	Alterations & additions to existing dwelling	$0	Dougal Cameron Munro	Lot 204 DP 811393, 889 Cadia Rd, Springside
Total: 2		$20,000

GRAND TOTAL: 16

$3,688,000

ITEM 11 - MEDIAN PROCESSING TIMES 2024

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 - 1734573