They made the amendments to the draft Local Environmental Plan (LEP) last night despite advice from council staff that the changes could hold the process up.

Council environmental services director Melissa Watkins warned that the amendments relating to Daisy Hill and Mugga Hill could prompt the NSW Department of Planning to “reject of defer” the key document.

Dubbo mayor Allan Smith was against the changes, but he was outvoted and the LEP, with amendments, was passed.

An LEP guides development and land use decisions and enables councils to manage how land may be used through zoning and development controls.

The draft LEP proposed to zone land on Eulomogo Road, Daisy Hill as R5 Large Lot Residential with

a minimum lot size of eight hectares.

Developer Bourke Securities put in a submission requesting it be made available for rural residential purposes with minimum lot sizes ranging between 6000 sqm and 8 ha.

Consultants Hill PDA assessed that the request for smaller lots would be contrary to the Dubbo Urban Areas Development Strategy 1996 and Review of the Urban Areas Development Strategy undertaken in 2007.

Cr Greg Matthews moved that the land be rezoned more in keeping with the developer’s request at last week’s planning and development committee meeting.

Cr Smith and deputy mayor Mathew Dickerson maintained their opposition to the Daisy Hill amendment last night, but were defeated by councillors Peter Bartley, Keith Harris, Matthews, Richard Mutton, Tina Reynolds, Ben Shields and Rod Towney.

Chris Foyster’s submission about Mugga Hill land led Cr Matthews and Cr Shields to move an amendment to reduce the lot size from 8ha as the draft stated to 2ha. Cr Shields argued that it was about equity for Mugga Hill residents, who like the Daisy Hill developer, made a “good proposal”.

“The Department of Planning can’t be upset with one but not the other,” he said.

Ms Watkins told councillors that none of the necessary work - salinity, flora and fauna and other studies - had been done.

“If Dubbo City Council proceeds with Daisy Hill and Mugga Hill (re-zoning), I suspect a lot of work has to be done ... it has the potential to slow this down considerably,” she said.

“The department could reject or defer the LEP.”

Cr Smith opposed the amendments despite not being “against Daisy Hill or Mugga Hill”.

“I have to take advice from the staff and so far it’s been good advice,” he said.

“The amendment does not suit the (Urban Areas Development) Strategy.”

Cr Reynolds was prepared to “take a chance” and only Cr Smith voted against the amendment.

The draft LEP was passed and will be sent to the department for assessment and gazettal.