While the DA was approved some time ago, the modification requests that the condition of providing disabled access be waived.

There is a degree of complexity to this development as, in December, councillors approved a similar DA (DA2018/37) for a neighbouring property that didn't require disabled access. 

That decision drew harsh criticism from the then interim chairman of the Bathurst Regional Access Committee (BRAC), who earlier this month said he might make a complaint to the Australian Human Rights Commission. 

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The proposed modification before councillors at Wednesday night's council meeting relied heavily on the precedent set when DA2018/37 was approved.

Sam Baumberger, the applicant, spoke at the meeting and informed councillors that he had gone through the process alongside the applicant of the other DA, Andrew Dunshea.

He was not only frustrated that his modification and Mr Dunshea's DA weren't dealt with together, but also asked councillors to consider the topography of his land on Conrod Straight, parts of which he considered dangerous for people with disabilities. 

"The amount of ramps needed to make the building accessible would be excessive and not financially viable," he said. 

"I ask that you consider and deal with my matter consistently with your decision in December." 

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Later, councillor Warren Aubin moved a motion calling for the matter to be deferred to a future meeting.

"I really feel that we haven't got our heads around this whole thing, that we need to go back and sit down and speak with the director, even have a site visit so we can see what is going on with this item," he said.

Cr Jess Jennings was vocal in his support for deferring a decision, particularly as it presented an opportunity to visit the site.