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Agenda of Development & Environment Committee

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Agenda of Development & Environment Committee Shoalhaven City Council Development & Environment Committee Meeting Date: Tuesday, 03 November, 2020 Location: Council Chambers, City Administrative Building, Bridge Road, Nowra Time: 5.00pm Membership (Quorum - 5) Clr Mitchell Pakes - Chairperson Clr Bob Proudfoot All Councillors Chief Executive Officer or nominee Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public. Agenda 1. Apologies / Leave of Absence 2. Confirmation of Minutes • Development & Environment Committee - 6 October 2020 ....................................... 1 3. Declarations of Interest 4. Mayoral Minute 5. Deputations and Presentations 6. Notices of Motion / Questions on Notice Notices of Motion / Questions on Notice DE20.122 Notice of Motion - Land Classification - 132 Island Point Road, St Georges Basin .......................................................................................... 21 7. Reports City Futures DE20.123 Post Exhibition and Finalisation - Shoalhaven Local Environmental Plan (LEP) 2014 - 2019 Heritage Housekeeping Amendment (PP036) ..... 24 DE20.124 Exhibition Outcomes/Finalisation - Draft Chapters N20 & S1 - Jerberra & Verons Estates - Shoalhaven DCP 2014 (Amendment No.38) ....................................................................................................... 38 City Development DE20.125 DA20/1743 – 25 Lake Conjola Entrance Rd Yatte Yattah– Lot 84 DP 817514 ...................................................................................................... 47 8. Confidential Reports Nil Development & Environment Committee – Tuesday 03 November 2020 Page ii Development & Environment Committee Delegation: Pursuant to s377(1) of the Local Government Act 1993 (LG Act) the Committee is delegated the functions conferred on Council by the Environmental Planning & Assessment Act 1979 (EPA Act), LG Act or any other Act or delegated to Council, as are specified in the attached Schedule, subject to the following limitations: i. The Committee cannot make a decision to make a local environmental plan to classify or reclassify public land under Division 1 of Part 2 of Chapter 6 of the LG Act; ii. The Committee cannot review a section 8.11 or section 8.9 EPA Act determination made by the Council or by the Committee itself; iii. The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated; iv. The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council; and v. The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council. SCHEDULE a. All functions relating to the preparation, making, and review of local environmental plans (LEPs) and development control plans (DCPs) under Part 3 of the EPA Act. b. All functions relating to the preparation, making, and review of contributions plans and the preparation, entry into, and review of voluntary planning agreements under Part 7 of the EPA Act. c. The preparation, adoption, and review of policies and strategies of the Council in respect of town planning and environmental matters and the variation of such policies. d. Determination of variations to development standards related to development applications under the EPA Act where the development application involves a development which seeks to vary a development standard by more than 10% and the application is accompanied by a request to vary the development standard under clause 4.6 of Shoalhaven Local Environmental Plan 2014 or an objection to the application of the development standard under State Environmental Planning Policy No. 1 – Development Standards. e. Determination of variations from the acceptable solutions and/or other numerical standards contained within the DCP or a Council Policy that the Chief Executive Officer requires to be determined by the Committee f. Determination of development applications that Council requires to be determined by the Committee on a case by case basis. g. Review of determinations of development applications under sections 8.11 and 8.9 of the EP&A Act that the Chief Executive Officer requires to be determined by the Committee. h. Preparation, review, and adoption of policies and guidelines in respect of the determination of development applications by other delegates of the Council. i. The preparation, adoption and review of policies and strategies of the Council in respect to sustainability matters related to climate change, biodiversity, waste, water, energy, transport, and sustainable purchasing. Development & Environment Committee – Tuesday 03 November 2020 Page iii j. The preparation, adoption and review of policies and strategies of the Council in respect to management of natural resources / assets, floodplain, estuary and coastal management. Shoalhaven City Council MINUTES OF THE DEVELOPMENT & ENVIRONMENT COMMITTEE Meeting Date: Tuesday, 6 October 2020 Location: Council Chambers, City Administrative Building, Bridge Road, Nowra Time: 5.00pm The following members were present: Clr Mitchell Pakes - Chairperson Clr Amanda Findley Clr John Wells Clr Patricia White Clr Kaye Gartner – (Remotely) Clr Nina Digiglio Clr Annette Alldrick - from 5:03pm Clr John Levett - from 5:08pm Clr Andrew Guile – (Remotely) Clr Greg Watson Clr Mark Kitchener - from 5:06pm Clr Bob Proudfoot Mr Stephen Dunshea - Chief Executive Officer Apologies / Leave of Absence A leave of absence was granted from Clr Gash. Confirmation of the Minutes Recommendation That the Minutes of the Development & Environment Committee held on Tuesday 01 September 2020 be confirmed. RESOLVED (Clr Digiglio / Clr White) MIN20.709 That the Minutes of the Development & Environment Committee held on Tuesday 01 September 2020 be confirmed with the following amendment: 1. That the voting for item DE20.9 DA19/1857 52 Parker Street Berry be amended to reflect the correct voting of Councillors as follows: FOR: Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Levett CARRIED Minutes Confirmed Tuesday 3 November 2020 – Chairperson ............................................ Minutes of the Development & Environment Committee 06 October 2020 Page 2 Declarations of Interest Clr White – “DE20.121 Moss Vale Road North Urban Release Area - Progressing Planning for Release” – Non Significant – Non pecuniary interest declaration – will remain in the room and will take part in discussion and vote – Jackson Green is a recommended committee member and is a distant relative of Clr White. Clr White has never met Jackson Green. DEPUTATIONS AND PRESENTATIONS The following deputations were made available on Council’s website: DE20.101 Moss Vale Road North Urban Release Area - Progressing Planning for Release FOR • Warren Crittle • Walker Corporation AGAINST • Matt Philpott on behalf of Moss Vale Owners Group DE20.107 Initial Consideration - Planning Proposal (Rezoning) Application - 49 Queen Street & 20 Edward Street, Berry FOR • Berry Forum AGAINST • Stephen Franey DE20.109 Development Application - DA18/2276 - 179 Cedar Springs Rd Kangaroo Valley - Lot 1 DP 791256 AGAINST • Christo Everingham • Andrew Morrison • Chris Hogarth • Dennis Nickell • Peter Couvaras • George Fallah • Brenda Sambrook DE20.110 Development Application - DA20/1349 - 4 Sand Drift Way Vincentia - Lot 1432 & DP 1231370 AGAINST • Phyllis Agam • Joe Nethery on behalf of multiple community members • Andrew Lissenden DE20.111 Development Application - DA19/2192 - Bryces Rd Far Meadow - Lot 25A DP 5996 & Lot 1 DP 1237878 AGAINST • Michael Bryant DE20.115 Development Application - DA19/2165 - 15 Vallon Rd Woollamia - Lot 3 DP 832984 AGAINST • Berry Forum • Glen Carter Minutes Confirmed Tuesday 3 November 2020 – Chairperson ............................................ Minutes of the Development & Environment Committee 06 October 2020 Page 3 NOTICES OF MOTION / QUESTIONS ON NOTICE Procedural Motion PROCEDURAL MOTION (RESOLVED) (Clr Guile / Clr Proudfoot) MIN20.710 That item DE20.99 Notice of Motion - Community Concerns regarding logging of South Brooman State Forest be deferred to a future meeting. FOR: Clr Pakes, Clr Wells, Clr White, Clr Guile, Clr Watson and Clr Proudfoot AGAINST: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Stephen Dunshea CARRIED Clr Findley called a Point of Order against Clr Guile for deferring the item and asked him to identify where in the Code of Meeting ‘Practice this is allowed. The Chairperson ruled against the Point of Order. DE20.99 Notice of Motion - Community Concerns re logging of HPERM Ref: South Brooman State Forest D20/420316 Recommendation (Item to be determined under delegated authority) That Shoalhaven City Council write to the Hon Shelley Hancock, member for South Coast and Minister for Local Government and the Hon Matt Kean, Minister for Energy and Environment, voicing its concerns over the following impacts of the logging operations of the Forestry Corporation in the South Brooman: 1. The further destruction of the natural environment and wildlife habitat already severely burnt in Black Summer Fires 2. The closure of The Sheep Track Road to local
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