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
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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
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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
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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 residents and businesses
Note: This item has been deferred and was not considered – refer MIN20.710
Note: Clr Kitchener entered the meeting at 5:06pm
REPORTS
DE20.100 Proposed Policy - Solar Roof Panels - Efficiency HPERM Ref: D20/19802 Recommendation (Item to be determined under delegated authority) That Council: 1. Strengthen the following existing Council policies and plans to encourage individual renewable investment and protect solar roof panels on both private and public land: a. Shoalhaven Development Control Plan 2014. b. POL15/28 - Renewable Energy Installations on Council Assets. c. POL18/44 - Sustainable Energy Policy. d. POL16/10 - Tree Management Policy – Public Land. 2. Receive a further report/s in a timely fashion to address the detail of the proposed amendments to the policies and plans identified at Part 1 and to progress this matter as efficiently as possible.
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Note: Clr Levett entered the meeting at 5:08pm
RESOLVED (Clr Proudfoot / Clr Wells) MIN20.711 That Council: 1. Strengthen the following existing Council policies and plans to encourage individual renewable investment and protect solar roof panels on both private and public land: a. Shoalhaven Development Control Plan 2014. b. POL15/28 - Renewable Energy Installations on Council Assets. c. POL18/44 - Sustainable Energy Policy. d. POL16/10 - Tree Management Policy – Public Land. 2. Receive a further report/s in a timely fashion to address the detail of the proposed amendments to the policies and plans identified at Part 1 and to progress this matter as efficiently as possible. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.101 Moss Vale Road North Urban Release Area - HPERM Ref: Progressing Planning for Release D20/386419 Recommendation (Item to be determined under delegated authority) That Council: 1. Endorse the preparation of a Planning Proposal to amend the provisions and mapping in Shoalhaven Local Environmental Plan 2014 relating to the Moss Vale Road North Urban Release Area as outlined in Table 2 of this report. 2. Submit the Planning Proposal to the NSW Department of Planning, Industry and Environment for a Gateway determination. 3. Adopt the proposed Indicative Layout Plan provided as Figure 1 as the basis for developing detailed Development Control Plan Chapter and a development contributions framework for the release area. 4. Not proceed with an application for strategic Biodiversity Certification of the release area and continue to consider opportunities for managed biodiversity outcomes. 5. Receive a further report on the outcomes of the Gateway determination, draft Development Control Plan Chapters, development contribution framework, and various other planning matters relating to the delivery of the Moss Vale Road North Urban Release Area.
MOTION (Clr Findley / Clr Alldrick) That Council: 1. Endorse the preparation of a Planning Proposal to amend the provisions and mapping in Shoalhaven Local Environmental Plan 2014 relating to the Moss Vale Road North Urban Release Area as outlined in Table 2 of this report. 2. Submit the Planning Proposal to the NSW Department of Planning, Industry and Environment for a Gateway determination.
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3. Adopt the proposed Indicative Layout Plan provided as Figure 1 as the basis for developing detailed Development Control Plan Chapter and a development contributions framework for the release area. 4. Not proceed with an application for strategic Biodiversity Certification of the release area and continue to consider opportunities for managed biodiversity outcomes. 5. Receive a further report on the outcomes of the Gateway determination, draft Development Control Plan Chapters, development contribution framework, and various other planning matters relating to the delivery of the Moss Vale Road North Urban Release Area. FOR: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett AGAINST: Clr Pakes, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea LOST
FORESHADOWED MOTION (RESOLVED) (Clr Wells / Clr White) MIN20.712 That Council: 1. Endorse the preparation of a Planning Proposal to amend the provisions and mapping in Shoalhaven Local Environmental Plan 2014 relating to the Moss Vale Road North Urban Release Area as outlined in Table 2 of this report. 2. That the Planning Proposal initially identify both options (Council one and relevant landowner one) for the proposed ‘local centre’ and associated zones/provisions, noting that Council will engage an independent report post Gateway from an agreed consultancy to assess both options to identify the optimal location for the commercial/retail centre that will be included in the Planning Proposal before exhibition. 3. Submit the Planning Proposal to the NSW Department of Planning, Industry and Environment for a Gateway determination. 4. Adopt the proposed Indicative Layout Plan provided as Figure 1 as the basis for developing detailed Development Control Plan Chapter and a development contributions framework for the release area. 5. Not proceed with an application for strategic Biodiversity Certification of the release area and continue to consider opportunities for managed biodiversity outcomes. 6. Receive a further report on the outcomes of the Gateway determination, draft Development Control Plan Chapters, development contribution framework, and various other planning matters relating to the delivery of the Moss Vale Road North Urban Release Area. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Levett CARRIED
Councillor Findley called a Point of Order against Councillor Watson for calling her a “bleating Mayor”. The Chairperson asked Councillor Watson to apologise and withdraw the comment. Councillor Watson withdrew the comment and replaced the word bleating with “sounding off” and apologised. Councillor Watson called a Point of Order against Councillor Findley for calling Councillor Watson a “Liar”. The Chairperson requested Councillor Findley apologise and withdraw the comment. Councillor Findley refused. The Chairperson asked Councillor Findley for a second time to apologise. Councillor Findley withdrew the comment and apologised.
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DE20.102 Proposed Housekeeping Amendment No.1 - Shoalhaven HPERM Ref: Contributions Plan 2019 (CP2019.1) D20/149225 Recommendation (Item to be determined under delegated authority) That Council: 1. Endorse the initial draft Housekeeping Amendment (draft Amendment) to the Shoalhaven Contributions Plan 2019 at Attachment 1 and proceed to exhibit the draft Amendment for a period of at least 28 days as per legislative requirements. 2. Receive a further report on the draft Amendment following the conclusion of the public exhibition period to consider feedback received, any necessary adjustments and the finalisation of the amendment. 3. Notify key stakeholders (including CCBs and Development Industry Representatives) of the exhibition arrangements in due course. 4. Prepare a new contributions framework, at the appropriate point, to ensure that suitable community infrastructure is considered in relation to the outcomes of the Callala Bay/Kinghorne Point and Culburra Beach (Halloran) deferred lands Planning Proposals (PP006 and PP028).
RESOLVED (Clr Findley / Clr Levett) MIN20.713 That Council: 1. Endorse the initial draft Housekeeping Amendment (draft Amendment) to the Shoalhaven Contributions Plan 2019 at Attachment 1 and proceed to exhibit the draft Amendment for a period of at least 28 days as per legislative requirements. 2. Receive a further report on the draft Amendment following the conclusion of the public exhibition period to consider feedback received, any necessary adjustments and the finalisation of the amendment. 3. Notify key stakeholders (including CCBs and Development Industry Representatives) of the exhibition arrangements in due course. 4. Prepare a new contributions framework, at the appropriate point, to ensure that suitable community infrastructure is considered in relation to the outcomes of the Callala Bay/Kinghorne Point and Culburra Beach (Halloran) deferred lands Planning Proposals (PP006 and PP028). FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.103 Proposed Housekeeping Amendment - Shoalhaven HPERM Ref: Local Environmental Plan 2014 - Mapping Changes D20/403066 (PP040) Recommendation (Item to be determined under delegated authority) That Council: 1. Exclude Item No. 19 (2 Crookhaven Parade, Currarong) from the Planning Proposal: Shoalhaven LEP 2014 – 2018 Housekeeping Amendment – Mapping (PP040).
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2. Submit the adjusted PP040 to the NSW Department of Planning, Industry and Environment for initial Gateway determination and, if favourable, proceed to formal public exhibition in accordance with the terms of the determination/legislative requirements and receive a further report following the conclusion of the public exhibition to enable its finalisation. 3. Based on its specific circumstances, prepare a separate PP relating to Item 19 (2 Crookhaven Parade, Currarong), submit it for initial Gateway determination and depending on the outcome proceed to exhibit the PP and receive a further report on the after the public exhibition period. If the Gateway determination does not require formal public exhibition or any other requirements, proceed to finalise the PP and subsequent LEP Amendment without receiving any further reports. 4. Advise key stakeholders, including relevant Community Consultative Bodies and any directly affected landowners, of the public exhibition arrangements.
RESOLVED (Clr Wells / Clr Findley) MIN20.714 That Council: 1. Exclude Item No. 19 (2 Crookhaven Parade, Currarong) from the Planning Proposal: Shoalhaven LEP 2014 – 2018 Housekeeping Amendment – Mapping (PP040). 2. Submit the adjusted PP040 to the NSW Department of Planning, Industry and Environment for initial Gateway determination and, if favourable, proceed to formal public exhibition in accordance with the terms of the determination/legislative requirements and receive a further report following the conclusion of the public exhibition to enable its finalisation. 3. Based on its specific circumstances, prepare a separate PP relating to Item 19 (2 Crookhaven Parade, Currarong), submit it for initial Gateway determination and depending on the outcome proceed to exhibit the PP and receive a further report on the after the public exhibition period. If the Gateway determination does not require formal public exhibition or any other requirements, proceed to finalise the PP and subsequent LEP Amendment without receiving any further reports. 4. Advise key stakeholders, including relevant Community Consultative Bodies and any directly affected landowners, of the public exhibition arrangements. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Nil CARRIED
DE20.104 Coastal Hazard Review Planning Proposal (PP026) - HPERM Ref: Update and Next Steps D20/359154 Recommendation (Item to be determined under delegated authority) That Council: 1. Amend the Coastal Hazards Review Planning Proposal (PP026) as per Option D in the body of this report. 2. Submit the revised PP026 to the NSW Department of Planning, Industry and Environment for a revised Gateway determination (if required) and, if favourable, proceed to formal public exhibition in accordance with the terms of the determination and legislative requirements. 3. Advise key stakeholders, including relevant Community Consultative Bodies and any directly affected landowners, of the resolution and public exhibition arrangements. 4. Receive a further report on PP026 following the conclusion of the public exhibition period.
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RESOLVED (Clr Findley / Clr Levett) MIN20.715 That Council: 1. Amend the Coastal Hazards Review Planning Proposal (PP026) as per Option D in the body of this report. 2. Submit the revised PP026 to the NSW Department of Planning, Industry and Environment for a revised Gateway determination (if required) and, if favourable, proceed to formal public exhibition in accordance with the terms of the determination and legislative requirements. 3. Advise key stakeholders, including relevant Community Consultative Bodies and any directly affected landowners, of the resolution and public exhibition arrangements. 4. Receive a further report on PP026 following the conclusion of the public exhibition period. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Nil CARRIED
DE20.105 Post Exhibition Consideration/Finalisation - Draft HPERM Ref: Chapter G21 Car Parking and Traffic - Shoalhaven DCP D20/386368 2014 Amendment (DCP2014.41) Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt the Housekeeping Amendment (DCP2014.41) of Shoalhaven Development Control Plan 2014: Chapter G21: Car Parking and Traffic and the associated Dictionary housekeeping as exhibited, with the changes discussed in Attachment 1 and shown in Attachment 2 to the report. 2. Notify the adoption of the Amendment in accordance with the requirements of the NSW Environmental Planning and Assessment Act 1979 and Regulations. 3. Rescind the Council Policy: ‘Car Parking Waiver – Change of Use Development in Traditional Retail Centres’ on the date the DCP Amendment is made effective, as the content will be included in the new Chapter G21. 4. Consider opportunities to further refine relevant duplicated standards in Chapter G21 as part of a future amendment. 5. Advise key stakeholders of this decision and when the Amendment will be made effective, including relevant industry representatives and those who made a submission.
RESOLVED (Clr Findley / Clr Alldrick) MIN20.716 That Council: 1. Adopt the Housekeeping Amendment (DCP2014.41) of Shoalhaven Development Control Plan 2014: Chapter G21: Car Parking and Traffic and the associated Dictionary housekeeping as exhibited, with the changes discussed in Attachment 1 and shown in Attachment 2 to the report. 2. Notify the adoption of the Amendment in accordance with the requirements of the NSW Environmental Planning and Assessment Act 1979 and Regulations. 3. Rescind the Council Policy: ‘Car Parking Waiver – Change of Use Development in Traditional Retail Centres’ on the date the DCP Amendment is made effective, as the content will be included in the new Chapter G21.
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4. Consider opportunities to further refine relevant duplicated standards in Chapter G21 as part of a future amendment. 5. Advise key stakeholders of this decision and when the Amendment will be made effective, including relevant industry representatives and those who made a submission. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.106 Exhibition Outcomes and Proposed Finalisation - HPERM Ref: Planning Proposal PP049 - Danjera Dam Additional D20/387526 Permitted Use (Camping Ground) Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt and finalise Planning Proposal PP049 Danjera Dam Additional Permitted Use as exhibited. 2. Forward PP049 to the NSW Parliamentary Counsel’s Office to draft the Amendment to Shoalhaven LEP 2014 and make the resulting amendment using Council’s delegation. 3. Advise Shoalhaven Water (the Proponent) and other stakeholders, including adjoining landowners, development industry representatives and those who made a submission, of this decision and when the LEP amendment is made.
RESOLVED (Clr Wells / Clr White) MIN20.717 That Council: 1. Adopt and finalise Planning Proposal PP049 Danjera Dam Additional Permitted Use as exhibited. 2. Forward PP049 to the NSW Parliamentary Counsel’s Office to draft the Amendment to Shoalhaven LEP 2014 and make the resulting amendment using Council’s delegation. 3. Advise Shoalhaven Water (the Proponent) and other stakeholders, including adjoining landowners, development industry representatives and those who made a submission, of this decision and when the LEP amendment is made. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.107 Initial Consideration - Planning Proposal (Rezoning) HPERM Ref: Application - 49 Queen Street & 20 Edward Street, Berry D20/335525 Recommendation (Item to be determined under delegated authority) That Council not proceed with a Planning Proposal to rezone Lot C DP 379984 (49 Queen Street) and Lot 19 DP 803611 (20 Edward Street), Berry from R2 – Low Density Residential to R3 – Medium Density Residential, and inform the proponent, submitters and The Berry Forum of this decision.
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RESOLVED (Clr Findley / Clr Digiglio) MIN20.718 That Council not proceed with a Planning Proposal to rezone Lot C DP 379984 (49 Queen Street) and Lot 19 DP 803611 (20 Edward Street), Berry from R2 – Low Density Residential to R3 – Medium Density Residential, and inform the proponent, submitters and The Berry Forum of this decision. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.87 Development Application - DA19/2032 - 61 Summercloud HPERM Ref: Cr Vincentia - Lot 1125 DP 1210394 D20/100727 Recommendation (Item to be determined under delegated authority) That the proposed development be approved by Council subject to the conditions specified in the draft development consent.
RESOLVED (Clr Findley / Clr White) MIN20.719 That the proposed development be approved by Council subject to the conditions specified in the draft development consent. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.108 Development Application - DA18/2094 - 2819A Moss Vale HPERM Ref: Rd Barrengarry - Lot 2 DP 732659 D20/240931 Recommendation (Item to be determined under delegated authority) That Development Application DA18/2094 for the temporary use of land as a function centre pursuant to Clause 2.8 of Shoalhaven Local Environmental Plan (SLEP) 2014 at Lot 2 DP 732659, 2819A Moss Vale Rd, Barrengarry be determined by way of refusal for the reasons contained in Attachment 1 of this report.
RESOLVED (Clr Digiglio / Clr Alldrick) MIN20.720 That Development Application DA18/2094 for the temporary use of land as a function centre pursuant to Clause 2.8 of Shoalhaven Local Environmental Plan (SLEP) 2014 at Lot 2 DP 732659, 2819A Moss Vale Rd, Barrengarry be determined by way of refusal for the reasons contained in Attachment 1 of this report. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
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DE20.109 Development Application - DA18/2276 - 179 Cedar HPERM Ref: Springs Rd Kangaroo Valley - Lot 1 DP 791256 D20/240982 Recommendation (Item to be determined under delegated authority) That Development Application DA18/2276 for ‘Temporary Use of Land as a Function Centre at Lot 1 DP 791256, 179 Cedar Springs Rd, Kangaroo Valley be approved subject to the recommended conditions of consent contained in Attachment 1 of this report.
RESOLVED (Clr Wells / Clr Guile) MIN20.721 That Development Application DA18/2276 for ‘Temporary Use of Land as a Function Centre at Lot 1 DP 791256, 179 Cedar Springs Rd, Kangaroo Valley be refused on the grounds that the application is non-compliant with clause 2.8 of the SLEP 2014 and is not in the public interest. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.110 Development Application - DA20/1349 - 4 Sand Drift Way HPERM Ref: Vincentia - Lot 1432 & DP 1231370 D20/309409 Recommendation (Item to be determined under delegated authority) That Development Application DA20/1349 be determined by way of approval subject to the imposition of conditions of consent as contained in Attachment 2.
RESOLVED (Clr Proudfoot / Clr Digiglio) MIN20.722 That: 1. Given the significant community opposition that Development Application DA20/1349 be deferred to the next Council meeting to be held on 27 October 2020. 2. The CEO provide a report outlining possible reasons for refusal to be considered by Councillors including issues of: a. suitability of the location for health reasons, and b. compatibility with the character of the local area. FOR: Clr Pakes, Clr Wells, Clr White, Clr Digiglio, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener and Clr Proudfoot AGAINST: Clr Findley, Clr Gartner, Clr Alldrick and Stephen Dunshea CARRIED
DE20.111 Development Application - DA19/2192 - Bryces Rd Far HPERM Ref: Meadow - Lot 25A DP 5996 & Lot 1 DP 1237878 D20/327520 Recommendation (Item to be determined under delegated authority) That Development Application DA19/2192 for ‘In Principle Dwelling Envelope’ at Lot 25A DP 5996 and Lot 1 DP 1237878, Bryces Rd, Far Meadow be approved subject to the recommended conditions of consent contained in Attachment 1 of this report.
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RESOLVED (Clr Wells / Clr White) MIN20.723 That Development Application DA19/2192 for ‘In Principle Dwelling Envelope’ at Lot 25A DP 5996 and Lot 1 DP 1237878, Bryces Rd, Far Meadow be approved subject to the recommended conditions of consent contained in Attachment 1 of this report. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
Procedural Motion - Bring Item Forward RESOLVED (Clr Wells / Clr White) MIN20.724 That the matter of item DE20.121 Committee Member Recommendations for the Coastal and Floodplain Risk Management Committees be brought forward for consideration. CARRIED
DE20.121 Committee Member Recommendations for the Coastal HPERM Ref: and Floodplain Risk Management Committees D20/413790 Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt the recommended committee members presented for the Coastal Management Advisory Committees in the Northern, Central and Southern areas of Shoalhaven; 2. Adopt the recommended committee members presented for the Floodplain Risk Management Committees in the Northern, Central and Southern areas of Shoalhaven; 3. Write to the successful applicants notifying them of their selection; and 4. Write to the unsuccessful applicants thanking them for their interest and encouraging them to get involved in future community engagement initiatives for both programs.
MOTION (Clr Watson / Clr White) That Council: 1. Adopt the recommended committee members presented for the Coastal Management Advisory Committees in the Northern, Central and Southern areas of Shoalhaven; 2. Adopt the recommended committee members presented for the Floodplain Risk Management Committees in the Northern, Central and Southern areas of Shoalhaven with the following amendments; a. Remove Evan Christen b. Add Anthony Thompson 3. Write to the successful applicants notifying them of their selection; and 4. Write to the unsuccessful applicants thanking them for their interest and encouraging them to get involved in future community engagement initiatives for both programs. 5. Write to Alannah Mannix inviting her to submit an application for the vacant Youth representative position on the Northern Advisory Committee.
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AMENDMENT (Clr Gartner / Clr Findley) That Council: 1. Adopt the recommended committee members presented for the Coastal Management Advisory Committees in the Northern, Central and Southern areas of Shoalhaven; 2. Adopt the recommended committee members presented for the Floodplain Risk Management Committees in the Northern, Central and Southern areas of Shoalhaven with the following amendments; a. Remove Evan Christen b. Add Anthony Thompson 3. Write to the successful applicants notifying them of their selection; and 4. Write to the unsuccessful applicants thanking them for their interest and encouraging them to get involved in future community engagement initiatives for both programs. 5. Write to Alannah Mannix inviting her to submit an application for the vacant Youth representative position on the Northern Advisory Committee. 6. Council write to the recommended Nominee apologising that they were not accepted by Council.
PROCEDURAL MOTION – AMENDMENT BE PUT (Clr Guile / Clr Proudfoot) That the AMENDMENT be PUT. FOR: Clr Pakes, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Kitchener and Clr Proudfoot AGAINST: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Stephen Dunshea CARRIED
The AMENDMENT was PUT and LOST. FOR: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett AGAINST: Clr Pakes, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Kitchener and Clr Proudfoot, and Stephen Dunshea Note: Mr Dunshea abstained from the vote which is recorded as voting against the amendment.
PROCEDURAL MOTION – MOTION BE PUT (Clr Guile / Clr Proudfoot) That the MOTION be PUT. FOR: Clr Pakes, Clr Wells, Clr White, Clr Gartner, Clr Guile, Clr Watson, Clr Kitchener and Clr Proudfoot AGAINST: Clr Findley, Clr Digiglio, Clr Alldrick, Clr Levett and Stephen Dunshea CARRIED Note: Councillor Alldrick left the meeting 7:46pm. The MOTION was put and CARRIED.
MOTION (RESOLVED) (Clr Watson / Clr White) MIN20.725 That Council: 1. Adopt the recommended committee members presented for the Coastal Management Advisory Committees in the Northern, Central and Southern areas of Shoalhaven;
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2. Adopt the recommended committee members presented for the Floodplain Risk Management Committees in the Northern, Central and Southern areas of Shoalhaven with the following amendments; a. Remove Evan Christen b. Add Anthony Thompson 3. Write to the successful applicants notifying them of their selection; and 4. Write to the unsuccessful applicants thanking them for their interest and encouraging them to get involved in future community engagement initiatives for both programs. 5. Write to Alannah Mannix inviting her to submit an application for the vacant Youth representative position on the Northern Advisory Committee. FOR: Clr Pakes, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Kitchener and Clr Proudfoot AGAINST: Clr Findley, Clr Gartner, Clr Digiglio and Clr Levett, and Stephen Dunshea CARRIED Note: Mr Dunshea abstained from the vote which is recorded as voting against the amendment. Note: Clr Alldrick was absent for the vote on the Motion.
Procedural Motion - Adjournment of Meeting RESOLVED (Clr Watson / Clr White) MIN20.726 That the meeting be adjourned until 8:20pm to allow for refreshment. CARRIED
The meeting adjourned the time being 7.48pm.
The meeting reconvened the time being 8.20pm
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 Clr John Levett Clr Andrew Guile – (Remotely) Clr Greg Watson Clr Mark Kitchener Clr Bob Proudfoot Mr Stephen Dunshea - Chief Executive Officer
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DE20.112 Development Application - SF10754 - Albatross Rd West HPERM Ref: Nowra - Lot 353 DP 755952 D20/327601 Recommendation (Item to be determined under delegated authority) That Development Application SF10754 for a five (5) lot Torrens Title subdivision and site works at Lot 353 DP 755952, Albatross Rd West Nowra be determined by way of refusal for the reasons set out in the Notice of Determination Attachment 1 of this report.
RESOLVED (Clr White / Clr Proudfoot) MIN20.727 That consideration of Development Application SF10754 for a five (5) lot Torrens Title subdivision and site works at Lot 353 DP 755952, Albatross Rd West Nowra be deferred to allow the applicant to submit additional information to the Council. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.113 Development Application - DA16/1465 - 173 Kinghorne HPERM Ref: St and 2 & 4 Albatross Rd Nowra - Lot 1, 29 and 30 DP D20/348899 25114 Recommendation (Item to be determined under delegated authority) That Development Application DA16/1465 – Mixed Use development consisting of 55 residential units and commercial space on the land known as 173 Kinghorne Street and 2 & 4 Albatross Road, Nowra (Lot 1, 29 and 30 DP 25114) be determined by way of refusal for the reasons set out in the section 4.15 Assessment Report (Attachment 1) and in the Notice of Determination (Attachment 2) to this report.
RESOLVED (Clr White / Clr Wells) MIN20.728 That consideration of Development Application DA16/1465 – Mixed Use development consisting of 55 residential units and commercial space on the land known as 173 Kinghorne Street and 2 & 4 Albatross Road, Nowra (Lot 1, 29 and 30 DP 25114) be deferred to the January 2021 Development and Environment Committee Meeting to allow Council to undertake further traffic investigations in consultation with the developer. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.114 Development Application - DA20/1379 - 18 Jellicoe St HPERM Ref: South Nowra - Lot 1 & DP 1198637 D20/365510 Recommendation (Item to be determined under delegated authority) That the Council: 1. Confirm that it supports, pursuant to clause 4.6 (exceptions to development standards) of the SLEP 2014, the request to vary clause 4.3 building height limit of 11m to a maximum of 14.5m. 2. Refer the application DA20/1379 back to staff for determination.
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RESOLVED (Clr Wells / Clr Findley) MIN20.729 That the Council: 1. Confirm that it supports, pursuant to clause 4.6 (exceptions to development standards) of the SLEP 2014, the request to vary clause 4.3 building height limit of 11m to a maximum of 14.5m. 2. Refer the application DA20/1379 back to staff for determination. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.115 Development Application - DA19/2165 - 15 Vallon Rd HPERM Ref: Woollamia - Lot 3 DP 832984 D20/373483 Recommendation (Item to be determined under delegated authority) That Development Application DA19/2165 for the construction of six (6) primitive camping sites “glamping” and associated site amenities buildings, car parking and landscaping at 15 Vallon Road, Woollamia – Lot 3 DP 832984 be approved subject to the recommended conditions of consent contained in Attachment 2 of this report.
MOTION (Clr Watson / Clr Wells) That the application be refused as it is out of character with the local area. FOR: Clr Pakes, Clr Wells, Clr White, Clr Watson and Clr Proudfoot AGAINST: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Kitchener and Stephen Dunshea LOST
FORESHADOWED MOTION (RESOLVED) (Clr Findley / Clr Digiglio) MIN20.730 That Development Application DA19/2165 for the construction of six (6) primitive camping sites "glamping" and associated site amenities buildings, car parking and landscaping at 15 Vallon Road, Woollamia - Lot 3 DP 832984 be approved subject to the recommended conditions of consent contained in Attachment 2 of this report, with the following amendments: 1. Condition 46(e) be removed 2. Condition 46(f), be amended to remove reference to events (the last 8 words) 3. The inclusion of additional compensatory planting which screens the rear of the block, that is compliant with the Rural Fire Services report for replacement planting. 4. That the following be noted as guidance for final consent conditions: a. A DA condition needs to be imposed requiring internal driveway sign-posting and enforcement of traffic restrictions, including maximum 10km / hour speed limit. b. A DA condition needs to be imposed requiring the applicant to incur costs for signage on the public roadway of Vallon Road, to restrict vehicular speeds. c. A DA condition needs to be imposed obligating the owners of no. 15 to maintain the driveway so as not to create undue dust emissions or undue nuisances from the increased traffic movements
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d. A DA condition needs to be imposed requiring the complaints register to include information not less than date and type of complaint, details of complainer and timing and outcome of response actions. This information, at a minimum, must be prescribed for inclusion in the required register. FOR: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Kitchener and Stephen Dunshea AGAINST: Clr Pakes, Clr Wells, Clr White, Clr Watson and Clr Proudfoot CARRIED Note: A rescission motion was received on this item.
Note: Councillor Guile left the meeting at 8:34 pm
DE20.116 Development Application - DA20/1676 - 23 Coorong Rd HPERM Ref: North Nowra - Lot 2 DP 1056165 D20/398450 Recommendation (Item to be determined under delegated authority) That Development Application DA20/1676 for the construction of an access driveway for maintenance purposes and associated earthworks, vegetation removal and drainage works at Lot 2 DP 1056165, 23 Coorong Road, North Nowra be determined by way of refusal for the reasons set out in the Notice of Determination (Attachment 1) to this report.
RESOLVED (Clr Wells / Clr White) MIN20.731 That Development Application DA20/1676 for the construction of an access driveway for maintenance purposes and associated earthworks, vegetation removal and drainage works at Lot 2 DP 1056165, 23 Coorong Road, North Nowra be determined by way of refusal for the reasons set out in the Notice of Determination (Attachment 1) to this report. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.117 Exemption of Bushfire Affected Properties from Green HPERM Ref: Regulations D20/381845 Recommendation That Council receive the report on Exemption of Bushfire Affected Properties from Green Regulations for information.
RESOLVED (Clr Findley / Clr Levett) MIN20.732 That Council receive the report on Exemption of Bushfire Affected Properties from Green Regulations for information. FOR: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
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Procedural Motion – Extension of Meeting RESOLVED (Clr Pakes / Clr Levett) MIN20.733 That the meeting be extended until 9:30pm. CARRIED
DE20.118 Questions on Notice - Land Clearing - Intersection HPERM Ref: Jervis Bay Road and the Princes Highway, Falls Creek D20/415069 Recommendation (Item to be determined under delegated authority) That Council receive the report on Land Clearing - Intersection Jervis Bay Road and the Princes Highway, Falls Creek for information.
Councillor Findley raised a Point of order to Councillor Watson under Section 15.1.1 of the Code of Meeting Practice - bringing disrepute to councillors and council itself. The chairperson did not rule on the Point of Order
Note: Councillor Findley left the meeting at 9:24pm.
PROCEDURAL MOTION - ADJOURNMENT OF MEETING (Clr Pakes) That the meeting be adjourned until 9.28pm. CARRIED
The meeting adjourned the time being 9.23pm.
The meeting reconvened the time being 9.25pm
The following members were present:
Clr Mitchell Pakes - Chairperson Clr John Wells Clr Patricia White Clr Nina Digiglio Clr Annette Alldrick Clr John Levett Clr Greg Watson Clr Bob Proudfoot Mr Stephen Dunshea - Chief Executive Officer Note: Councillor Kitchener left the meeting at 9:27 pm. Note: Councillor Gartner left the meeting at 9:27pm.
RESOLVED (Clr Watson / Clr Proudfoot) MIN20.734 That Council: 1. Receive the report on Land Clearing - Intersection Jervis Bay Road and the Princes Highway, Falls Creek for information. 2. Write to the property owners to apologise for any grief they may have suffered as a result of any action of the Elected Councillors.
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FOR: Clr Pakes, Clr Wells, Clr White, Clr Watson and Clr Proudfoot AGAINST: Clr Digiglio, Clr Alldrick, Clr Levett and Stephen Dunshea CARRIED
DE20.119 Update - Chinamans Island, Lake Conjola HPERM Ref: D20/389848 Recommendation (Item to be determined under delegated authority) That Council: 1. Receive the report providing an update on continued liaison with Crown land – NSW Department of Planning, Industry & Environment (DPIE), following the impact of the Currowan Bushfire on Chinamans Island in accordance with Part 2 MIN20.159, for information. 2. Endorse Council staff to continue to liaise with Crown land – NSW DPIE and provide updates to Councillors.
RESOLVED (Clr Wells / Clr White) MIN20.735 That Council: 1. Receive the report providing an update on continued liaison with Crown land – NSW Department of Planning, Industry & Environment (DPIE), following the impact of the Currowan Bushfire on Chinamans Island in accordance with Part 2 MIN20.159, for information. 2. Endorse Council staff to continue to liaise with Crown land – NSW DPIE and provide updates to Councillors. FOR: Clr Pakes, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED
DE20.120 Adoption of Amendments to Terms of Reference for HPERM Ref: Coast and Estuary Committee (North / Central / D20/411142 Southern) and Floodplain Risk Management Committee (North / Central / Southern) Recommendation (Item to be determined under delegated authority) That Council adopt: 1. The amended Terms of Reference for the North / Central / Southern Coastal Management Advisory Committees; and 2. The Amended Terms of Reference for the North / Central / Southern Floodplain Risk Management Committees.
RESOLVED (Clr Wells / Clr White) MIN20.736 That Council adopt: 1. The amended Terms of Reference for the North / Central / Southern Coastal Management Advisory Committees; and 2. The Amended Terms of Reference for the North / Central / Southern Floodplain Risk Management Committees.
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FOR: Clr Pakes, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Proudfoot and Stephen Dunshea Against: Nil CARRIED
DE20.121 Committee Member Recommendations for the Coastal HPERM REF: and Floodplain Risk Management Committees D20/413790 Item dealt with earlier in the meeting see MIN20.725.
Note: A Rescission Motion was received in relation to DE20.115 Development Application - DA19/2165 - 15 Vallon Rd Woollamia - Lot 3 DP 832984 signed by Clr Wells, Clr White & Clr Watson.
There being no further business, the meeting concluded, the time being 9:29 PM.
Clr Pakes CHAIRPERSON
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DE20.122 Notice of Motion - Land Classification - 132 Island Point Road, St Georges Basin
HPERM Ref: D20/469546
Submitted by: Clr John Levett
Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
Recommendation
That Council resolve to reclassify 132 Island Point Road, St Georges Basin (Lot 10 DP 1143842) from operational to community land.
Background The park at the site is regularly used by locals and visitors alike due to its location adjacent to the IGA Supermarket immediately to the north. It comprises formal landscaping with pathways and gardens, a table with seating as well as a reserve of remnant bushland. It was DE20.122 officially opened about four years ago. At the last meeting of Basin Villages Forum it was resolved that a letter be directed to Shoalhaven City Council, requesting that the land be changed from operational to community and this motion supports that request. St Georges Basin is the focus of intense residential development, and several proposals in the proximity of the park are high density and multi story. Residents value the park as a quiet and beautiful community space, and are determined that the land be given the appropriate classification so that it remains so into the future.
Note by the CEO Lot 10 DP 1143842 was acquired by Council in 2009. At the time of acquisition it was classified as ‘operational’ under the Local Government Act to support the provisions/desired outcomes of the then Development Control Plan No.17 that applied over the land – two areas of car parking (front and back), proposed ‘village green’ central area (now constructed) and possible floodway and a potential ‘controlled service lane/pedestrian access’. As such given these multiple intended uses and the need for associated flexibility the ‘operational classification’ was applied. The current DCP Chapter N23: St Georges Basin Village Centre retails the same provisions/desired outcomes. In January 2020 Council considered an amendment to this chapter to remove on of the proposed ‘service lanes’. As part of the community submissions on this DCP amendment comments were made in regard to this issue. The following are extracts from the relevant Council report.
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The perceived purpose of the Village Green No change recommended – outside the was to benefit residents by providing safe scope of the current amendments. pedestrian access to this public reserve, which This comment relates to the controlled service was the basis of the sale/acquisition. lane referred to in Section 5.1.1 A2.4 of the Concerns relate to the controlled service lane, draft chapter and shown on the associated specifically: DCP map as ‘controlled service lane/pedestrian access’ (see excerpt of • Substantial pedestrian traffic and the masterplan in left column). conflict with vehicular movements. • The difference in levels between the The purpose of the existing Village Green has existing car park and the Village Green is not changed, and it will continue to be utilised approximately 1.5 metres. for public recreation. It is noted that whilst all • The Cooee Hotel already has vehicular of the lot was acquired to realise the Village access from Island Point Road and The Green, only the western part has been utilised Village Access Road. as per the masterplan and developed as the • The developable area of Lot 11 DP Village Green. The eastern residue forms part 1143842 will be impacted by the proposed of the area designated as ‘future car parking’ service lane. and has been informally landscaped in the interim. Note: Lot 11 is an undeveloped property to the The controlled service lane proposal, which south of the current Village Green in private crosses the Village Green in part, is already ownership. part of the current DCP Chapter. As such it exists and is not a new proposal being put forward as part of this Amendment. The draft DE20.122 Amendment does however update some relevant property details. The purpose of the controlled service lane is for shared pedestrian access with limited vehicle access, with service bays provided at either end. It is expected that this will alleviate pedestrian/vehicular conflict. The ultimate location and site outcomes will need to be further refined/resolved at any future development application stage. Specific details (including engineering design solutions relating to topography) would need to be considered and possibly resolved as part of any future development applications.
The proposed extension of the IGA Car No change recommended - outside the Parking area across the Village Green area scope of the current amendments. and Lot 11 DP 1143842 to link with the existing The arrows between the existing IGA car park car parking area of the Cooee Hotel, is also a and the future car parking area depicts a problem for the same reason previously possible future movement link between the two outlined (pedestrian/vehicular conflict, car park areas (see excerpt of masterplan in topography), and aesthetically undesirable. left column). The future car parking area does Future development of that site would require not impact upon the constructed formal Village car parking to be provided in accordance with
Development & Environment Committee – Tuesday 03 November 2020 Page 23 the car parking provisions outlined in the Green area. relative DCP. The future car park is located on part Council and part privately owned land and would be resolved through future development applications in line with the general requirements of Shoalhaven DCP 2014
(including design and safety).
As such given the need to retain a level of flexibility over the total land parcel it is suggested that the retention of the ‘operational’ classification would still be appropriate, noting that are no plans to change the current nature of the existing ‘village green’ that is part of the subject
land. DE20.122
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DE20.123 Post Exhibition and Finalisation - Shoalhaven Local Environmental Plan (LEP) 2014 - 2019 Heritage Housekeeping Amendment (PP036)
HPERM Ref: D20/425840
Section: Strategic Planning Approver: Robert Domm, Director - City Futures
Attachments: 1. Public Exhibition Submission Summary - PP036 ⇩
Reason for Report Present the public exhibition outcomes and enable the finalisation of the Heritage
Housekeeping Planning Proposal (PP), which seeks to make a range of required housekeeping amendments to the heritage components within Schedule 5 of Shoalhaven Local Environmental Plan (LEP) 2014.
Recommendation (Item to be determined under delegated authority) That Council:
1. Adopt Shoalhaven LEP2014 – 2019 Heritage Housekeeping Amendment Planning DE20.123 Proposal (PP036) as exhibited, with the changes shown in Table 1 of the report, and forward to the NSW Department of Planning, Industry and Environment (DPIE) for finalisation, acknowledging that an objection from NSW Crown Lands remains unresolved regarding the listing of items at Chinaman’s Island which will ultimately be considered by DPIE during finalisation. 2. Investigate the heritage significance of the following properties as part of a future housekeeping amendment Planning Proposal: a. Lot 30 DP 1200000, Meroo Street, Bomaderry - relating to Item No. 135: Bomaderry Railway Station and yard group. b. Lot 111 DP 997750 and Lot 1 DP 152845, 1 Berry Street, Nowra - relating to Item No. 325: Pressed metal clad industrial building (former Barnes Garage). c. Lot 7 DP 1037100, 466 Kangaroo Valley Road Berry Mountain - relating to Item No. 114: “Glenworth” – two storey residence and grounds. 3. Advise key stakeholders, including relevant Community Consultative Bodies and those who made a submission, of the resolution and when the LEP Amendment will be made effective.
Options 1. Adopt the recommendation. Implications: This is the preferred option as it will enable the PP to be finalised as exhibited, with the changes shown in Table 1, and for the resultant amendment to the LEP to be finalised. Further investigations into the following items can also be undertaken as part of separate processes: • Item No. 135: Bomaderry Railway Station and yard group. • Item No. 325: Pressed metal clad industrial building (former Barnes Garage).
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• Item No. 114: “Glenworth” – two storey residence and grounds. This option also continues the intended listing of the cottages and timber railway at Chinaman’s Island, as per Council’s previous resolution (MIN18.333). It is noted that NSW Crown Lands object to both proposed listings. As the objection remains outstanding, the matter will ultimately be resolved by the NSW Department of Planning, Industry and Environment (DPIE) during the finalisation of the Plan.
2. Adopt an alternative recommendation. Implications: This will depend on the extent of any changes and could delay the finalisation of the PP. Depending on the nature of these changes, this option could have implications for items of heritage significance within the Shoalhaven.
3. Not adopt the recommendation.
Implications: This is not the preferred option as the identified housekeeping matters will
not be resolved.
Background The 2019 Heritage Housekeeping Amendment PP seeks to amend LEP Schedule 5 and the associated heritage maps in Shoalhaven LEP 2014. The amendments to the LEP are predominantly administrative or minor in nature, responding to anomalies or issues that have
been identified through the operation of the Plan since 2014. DE20.123 In addition to these more minor changes, the PP also seeks to include: • New components for two (2) existing items – No.202 Lady Denman heritage complex and No.215 Bundanon; • One (1) existing item additionally as an archaeological site – No.407 Nowra Wharf; and • Two (2) new items (the cottages and former timber railway at Chinaman’s Island, Lake Conjola) within LEP Schedule 5.
For further details, refer to the previous Council report. On 5 November 2019, Council resolved (MIN19.817) to submit the PP for a Gateway determination, followed by public exhibition prior to a report back to Council.
State Agency Consultation In accordance with the Gateway determination, relevant State Government authorities were provided with a copy of the PP and given 21 days to comment. The following State agencies raised no objections to the PP: • Water NSW • NSW Rural Fire Service • Heritage Division, NSW Department of Premier and Cabinet • Division of Biodiversity and Conservation, NSW Department of Planning, Industry and Environment (DPIE)
NSW Crown Lands have consistently objected to the two proposed new items: Item No. 540: Chinaman’s Island Cottage Group and Item No. A7: Chinaman’s Island timber railway remains. This objection remains unresolved. As Council was not granted delegated functions for making the Plan, DPIE will consider and resolve the listing of items at Chinaman’s Island during the finalisation process of this PP. The removal of the items at Chinaman’s Island from the Amendment could be one of the outcomes.
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Copies of the State agency consultation responses can be made available to Councillors on request prior to the meeting if necessary.
Community Engagement The PP was publicly exhibited for a period of 30 days from Wednesday 15 July to Friday 14 August 2020 (inclusive) via Council’s website. As per the resolution, the key industry stakeholders including Community Consultative Bodies and all directly affected land-owners were notified in writing. The exhibition material remains available on Councils website and includes the: • Planning Proposal • Explanatory Statement • Gateway Determination • Public Exhibition Notification
As a result of the exhibition, seventeen (17) formal submissions were received including: • Ten (10) submissions from community members/landowners (i.e. individuals). • Two (2) submissions on behalf of community groups (Sydney Living Museum; Presbyterian Church of Australia). • One (1) submission from the Nowra Local Aboriginal Land Council. • Three (3) submissions from State Agencies (NSW DPIE – Biodiversity & Conservation; Heritage NSW, Sydney Trains). • One (1) internal Council staff submission - Strategic Planning DE20.123
Attachment 1 provides a summary of the submissions received and comments from Council staff. Copies of the actual submissions can be made available to Councillors on request prior to the meeting if necessary. As a result of the submissions received, the following changes are proposed to the exhibited PP. The majority of these changes are minor in nature and have been highlighted or annotated, so they can be clearly identified. Table 1: Consolidated amendments to PP036 Post-Exhibition Finalisation PP
Existing LEP content PP Content (as Summary of Recommended Approach exhibited – changes Submission/Request and Justification in red) Item No. 3: Edwardian weatherboard farmhouse and outbuildings, Backforest Item No: 3 Item No: 3 Objection to the listing Despite its relocation to the Item: weatherboard Item: Federation of the item in the LEP. site from Nowra toward the th farmhouse and Edwardian end of the 20 century, the Submitter had been house does have heritage outbuildings weatherboard advised that the significance as an farmhouse and property should not Edwardian Cottage Address: 37 Bailleul outbuildings have been heritage example. It however Lane (private) listed as the house had cannot be considered a Address: 37 Bailleul been relocated from a farmhouse and there are Locality: Back Forest Lane (private) site in Nowra. no outbuildings present on the site with heritage significance. Property Description: Locality: Back Forest
Lot 5, DP 883117 Recommendation – Property Description: Delete the words ‘farm’ Significance: Local Lot 5, DP 883117 and ‘and outbuildings’ from the item name. Significance: Local
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Existing LEP content PP Content (as Summary of Recommended Approach exhibited – changes Submission/Request and Justification in red) Item No. 6: “Cavan”—dairy farm complex Item No: 6 Item No: 6 Object to the proposed Recommendation - Item: “Cavan”—dairy Item: “Cavan”—dairy inclusion of Lot 8 DP Remove this item farm complex farm complex 869740 & Part Lot 9 completely from the PP as DP 869740 in the PP. Lot 8 DP 869740 & Part
Lot 9 DP 869740 is not Address: 30 Cavan Address: 26A, 26B Prior Housekeeping significant in the context of Road and 30 Cavan Road Planning Proposal the Cavan. (PP003) removed the Locality: Barrengarry Locality: Barrengarry heritage overlay from Note: Item 6 will thus Lot 8 DP 869740 as it remain in the LEP as Property Description: Property Description: did not possess existing. heritage significance. Lot 7, DP 869740 Lots 7-8 and Part Lot 9, DP 869740 Significance: Local Significance: Local Item No. 41: Remnant old growth eucalypts Item No: 41 Item No: 41 Object to the proposed Recommendation - Item: Remnant old Item: Remnant old mapping amendment. Update the item name to growth eucalyptus growth eucalyptus Item name appears to reflect the correct spelling be incomplete – of “Eucalypts”, noting this
remnant old growth is a correction to rectify a Address: George Address: 47 and 48 eucalyptus tree, trees, typo within the PP, not a DE20.123 Street George Street or stand? change to the LEP.
Locality: Berry Locality: Berry Note: No mapping changes required. Property Description: Property Description: road reserve off road reserve off George street George street Part of Lot 12 DP 737105; Part Significance: Local of Lot 13 DP 788695 and the adjacent road reserve
Significance: Local Item No. 94: Berry Railway Station Group Item No: 94 Item No: 94 Object to the inclusion Council’s Heritage Item: Berry Railway Item: Berry Railway of Lot 1 DP 1001740 in Consultant has confirmed Station group including Station group including any future heritage that Lot 1 DP 1001740 listings. does not possess heritage Victorian Georgian Victorian Georgian significance and should be style stationmaster’s style stationmaster’s removed from PP. cottage, Ilex cornuta cottage, Ilex cornuta (Chinese Holly) and (Chinese Holly) and Recommendation – Gardenia thunbergia Gardenia thunbergia revise Heritage Map (Gardenia) (Gardenia) (Sheet_HER019E) to remove the existing heritage overlay from Lot 1 Address: 34 Station Address: 34 Station DP 1001740. Road Road
Locality: Berry Locality: Berry
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Existing LEP content PP Content (as Summary of Recommended Approach exhibited – changes Submission/Request and Justification in red) Property Description: Property Description: Lot 2, DP 1001740 Lots 1 and 2, DP 1001740 Significance: State Significance: State Item No. 96: “Woodside Park”—dairy farm complex and gatehouse Item No: 96 Item No: 96 Object to the inclusion The significant features of Item: “Woodside Item: “Woodside of 48 Agars Lane within Woodside Park are located Park”—dairy farm Park”—dairy farm the address. on 94A & 94B Tannery Road. As such, 48 Agars complex and complex and Lane (Lot 2 DP 1038647) gatehouse gatehouse should be removed from the property description Address: 94A Tannery Address: 94A and 94B and address. Road Tannery Road, 48 Agars Lane and Recommendation -revise Locality: Berry Moeyan Road Heritage Map (Sheet_HER019E) to
remove the existing Property Description: Locality: Berry heritage overlay from Lot 2 Lot 2, DP 731117; Lots Property Description: DP 1038647. 1 and 2, DP 1038647 Lot 2, DP 731117; Lots
1 and 2, DP 1038647; DE20.123 Significance: Local Lot 1 DP 1194145 and internal road
Significance: Local Item No. 113: “Cobbadah” Victorian Georgian style dairy farm complex including garden, dry stone walls and survey marks Item No: 113 Item No: 113 Propose that the Item The farmhouse possesses Item: “Cobbadah”— Item: “Cobbadah”— name read “Cobbadah” the Victorian Georgian dairy farm complex Victorian Georgian Victorian Georgian style, not the dairy farm including garden, dry style, dairy farm style farmhouse, dairy complex. This needs to be stone walls and survey complex including farm complex including clarified marks garden, dry stone walls garden, dry stone walls and survey marks and survey marks”, as Recommendation – Address: Ben Dooley the farm house was add ‘farmhouse’ after Road Address: Ben Dooley built C.1895 and is ‘Victorian Georgian style’. Road 373 Kangaroo representative of the Locality: Berry Valley Road Late Victorian Georgian Mountain style, however the Locality: Berry other buildings that Property Description: Mountain make up the dairy farm Lots 1210 and Lot complex were built at a 1211, DP 1099097 Property Description: later date, and Lots 1210 and Lot therefore fail to meet Significance: Local 1211, DP 1099097 the description proposed. Significance: Local Item No. 114: “Glenworth” – two storey residence and grounds Item No: 114 Item No: 114 Requests removal of Recommendation - Item: “Glenworth”—two Item: “Glenworth”— Lot 7 DP 1037100 from Following advice from storey residence and Late Victorian Filigree the heritage listing, as it Council’s Heritage grounds two storey residence does not contain the Consultant, it is and grounds structure which is recommended that the PP
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Existing LEP content PP Content (as Summary of Recommended Approach exhibited – changes Submission/Request and Justification in red) Address: 466 heritage listed. proceed with the Kangaroo Valley Road Address: 466 amendments to the item Kangaroo Valley Road and property descriptions Locality: Berry within Schedule 5 as well Mountain Locality: Berry as the heritage overlay Mountain (including Lot 6 and Property Description: removing lot 4), but should Lots 4, 7 and 8, DP Property Description: defer any consideration of 1037100 Lots 4, 7 and Lots 6-8, the ‘significance’ of Lot 7 DP 1037100 (currently part of the item) Significance: Local subject to a heritage Significance: Local assessment of the subject site.
This means that Lot 7 will
continue to be associated with Item No. 114 for the time being and will be reconsidered following the more specific heritage investigations. Item No. 135: Bomaderry Railway Station and yard group Item No: 135 Item No: 135 The submission Following advice from Item: Bomaderry Item: Bomaderry received from Sydney Council’s Heritage DE20.123 Railway Station and Railway Station and Trains supported the Consultant, it is proposed amendments recommended that the PP yard group including yard group including to the address and proceed with the Nowra-Bomaderry Nowra-Bomaderry property description of amendments to the Railway Station and Railway Station and Item No. 135. property description and “original bar holder”, “original bar holder”, However, objects to the address within Schedule 5 Bomaderry Bomaderry extension of the as well as the heritage stationmaster’s house stationmaster’s house heritage overlay across overlay on Lot 4 DP and Bomaderry railway and Bomaderry railway the north-western 802440, but extending the portion of Lot 30 DP heritage overlay over the siding group including siding group including 1200000. north-western portion of turntable, weighbridge, turntable, weighbridge, Lot 30 DP 1200000 should goods crane and water goods crane and water be ‘deferred’ subject to a pump pump heritage assessment of the subject site. Address: Meroo Street Address: Meroo Recommendation – Street, Bolong Road remove the mapping Locality: Bomaderry and 13 Railway Street relating to Lot 30 DP 1200000 from the PP to Property Description: Locality: Bomaderry enable further heritage investigations. Lot 3, DP 802440; Lots
1 and 2, DP 1021415; Property Description: Lot 1, DP 884113 Lot 3, DP 802440; Lots 1 and Lot 2, DP Significance: State 1021415; Lot 1, DP 884113; Lot 4, DP 802440; Lot 30, DP 1200000
Significance: State
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Existing LEP content PP Content (as Summary of Recommended Approach exhibited – changes Submission/Request and Justification in red) Item No. 257: “Pomona”—dairy farm complex Item No: 257 Item No: 257 Item name is spelt Recommendation - Item: “Pomona”—dairy Item: “Ponona”— incorrectly. Update the item name to farm complex Federation period reflect the correct spelling of “Pomona”, noting this is farmhouse and dairy a correction to rectify a Address: C360 farm complex typo within the PP, not a Princes Highway change to the LEP. Address: C360 Locality: Meroo Princes Highway Meadow Locality: Meroo Property Description: Meadow Lot 2, DP 620160 Property Description: Significance: Local Lot 2, DP 620160 Lot 306, DP 1213231
Significance: Local Item No. 325: Pressed metal clad industrial building (former Barnes Garage) Item No: 325 Item No: 325 Object to proposed Recommendation -
Item: Pressed metal Item: Pressed metal inclusion of Lot 1 DP Following advice from DE20.123 clad industrial building clad industrial building 152845 within Item 325 Council’s Heritage (former Barnes (former Barnes and to the listing of Consultant, it is Garage) Garage) Item 325 generally. recommended that the item should be removed from the current PP to Address: 1 Berry Address: 1 Berry enable further investigation Street Street of the heritage significance Locality: Nowra Locality: Nowra of Lot 1 DP 152845.
Property Description: Property Description: Lot 111, DP 997750 Lot 111, DP 997750; Lot 1, DP 152845 Significance: Local Significance: Local Item No. 344: Victorian Italianate residence and garden Item No: 344 Item No: 344 Propose name change Recommendation - Item: Victorian Item: Victorian to “Myrumbene – Update the item to include Italianate residence Italianate residence Victorian Italianate “Myrumbene”, which is residence and garden”. consistent with the state and garden and garden heritage inventory sheet and reflects the historical Address: 22 Jervis Address: 22 Jervis naming of the former Street Street and 136A private hospital. Osborne Street Locality: Nowra Locality: Nowra Property Description: Lot 11, DP 2624 Property Description: Lot 11 and 12, DP Significance: Local 2624
Significance: Local
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Existing LEP content PP Content (as Summary of Recommended Approach exhibited – changes Submission/Request and Justification in red) Item No. 362: St Andrew’s House—Two storey Victorian Gothic style manse Item No: 362 Item No: 362 Object to the inclusion Recommendation - Item: St Andrew’s Item: St Andrew’s of ‘St Andrew’s House’ Replace reference to “St House—Two storey House - Two storey in the item’s name, as Andrew’s House” with “The the manse was Manse” as the building Victorian Gothic style Victorian Gothic style dedicated as “The was referred to as “The manse manse Manse” and has always Manse” prior to been referred to as construction, as well as Address: 3 Kinghorne Address: 3 and 5 such which should be once it was built, and has Street Kinghorne Street reflected. continued to be referred to as “The Manse”. Locality: Nowra Locality: Nowra
Property Description: Property Description: Lot 11, DP 130904 Lot 11, DP 130904; Lot 2, DP 567875 Significance: Local Significance: Local Item No. 404: “Meroogal”—Victorian Timber Residence including Outbuildings and Garden Item No: 404 Item No: 404 Sydney Living “Meroogal” is listed on the Item: “Meroogal”— Item: “Meroogal”— Museums (SLM) - do State Heritage Register
Victorian Timber Victorian Timber not support the and in Schedule 5 of the DE20.123 proposed amendment LEP. Residence including Residence including to the heritage curtilage Outbuildings and Outbuildings and in PP and request It is not recommended to Garden Garden removal of “and the remove the tree over the adjacent road reserve” road reserve from the Address: 35 West Address: 35 West from proposed Property curtilage of this Street Street and Worrigee Description. item. Retaining this Locality: Nowra Locality: Nowra component will assist in the protection of the trees
and better identify the Property Description: Property Description: extent of the item. It is Part Lot F, DP 403286 Part Lot F, DP 403286 also consistent with the 412255 and the approach taken with other adjacent road reserve Significance: Local items across the City.
Significance: Local Recommendation – Amend the PP to note that this is a correction to rectify a typo within the PP, not a change to the LEP. ‘Street’ also needs to be added following Worrigee in the Address.
Item No. 479: Victorian Schoolmaster’s residence Item No: 479 Item No: 479 Propose name change Recommendation - Item: Victorian Item: Victorian to “Victorian Update the item’s name to Schoolmaster’s Schoolmaster’s Schoolmaster’s reflect the significance of residence and grounds” the grounds, which is Residence Residence consistent with the state heritage inventory sheet. Address: 355-359 Address: 355-359
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Existing LEP content PP Content (as Summary of Recommended Approach exhibited – changes Submission/Request and Justification in red) Hawken Road Hawken Road
Locality: Tomerong Locality: Tomerong
Property Description: Property Description: Lot 2, DP 725948 Lot 2, DP 725948
Significance: Local Significance: Local
Financial Implications There are no immediate financial implications for Council. This PP will continue to be resourced within the Strategic Planning budget.
Risk Implications Ensuring the heritage listings within Schedule 5 of Shoalhaven LEP 2014 and the associated heritage maps are accurate will help protect these heritage items from unsympathetic development or other impacts. DE20.123
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Attachment 1
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DE20.123
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Attachment 1
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DE20.123
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Attachment 1
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DE20.123
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Attachment 1
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DE20.123
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Attachment 1
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DE20.123
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DE20.124 Exhibition Outcomes/Finalisation - Draft Chapters N20 & S1 - Jerberra & Verons Estates - Shoalhaven DCP 2014 (Amendment No.38)
HPERM Ref: D20/433881
Section: Strategic Planning Approver: Robert Domm, Director - City Futures
Attachments: 1. Post Exhibition - Chapter N20 Jerberra Estate DCP Amendment 38 (under separate cover) ⇨ 2. Post Exhibition - Chapter S1 Verons Estate DCP Amendment 38 (under separate cover) ⇨
3. Exhibited Supporting Map - Verons Estate, Chapter S1 ⇩ 4. Biodiversity & Conservation (DPIE) letter 7/9/20 ⇩
Reason for Report • Detail the submissions received on the proposed draft amendment (Amendment No.38) of Shoalhaven Development Control Plan (DCP) 2014: Chapters N20 (Jerberra Estate), S1 (Verons Estate) and associated Dictionary housekeeping.
• Enable finalisation of the DCP Amendment. DE20.124
Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt DCP Amendment 38 with the changes discussed in this report and shown in Attachments 1 and 2. 2. Formally request re-certification of the planning controls for each Estate as a ‘relevant planning arrangement’ under Clause 34A of the Biodiversity Conservation (Savings and Transitional) Regulation 2017 from the Department of Planning Industry and Environment (DPIE). 3. Notify the adoption of the Amendment in accordance with the requirements of the NSW Environmental Planning and Assessment Act 1979 and Regulations. 4. If necessary, delay commencement of Amendment 38, pending recertification of the planning controls for each Estate under Clause 34A, to avoid complications that could arise if recertification is delayed.
Options 1. As recommended. Implications: DCP Chapters N20 and S1 will be updated. DPIE has advised that the amended DCP chapters will need to be re-certified under Clause 34A. However, the proposed changes are relatively minor and the Regional Office of DPIE’s Biodiversity and Conservation Division (BCD) supports the proposed changes. Based on discussions with BCD officers, the delays encountered with the original certification are unlikely. Nevertheless, recommendation 4 has been included to allow commencement of the revised chapters to be delayed if necessary.
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2. Adopt an alternative version of the DCP chapters. Implications: Depending on the nature of any changes, this could jeopardise the Clause 34A status of the planning controls in each Estate. Not recommended.
3. Not adopt the DCP amendment. Implications: The current DCP chapters for Jerberra and Verons Estates need to be updated to reflect the Clause 34A certification and make a number of other improvements and updates. Not recommended.
Background On 4 June 2020 Council endorsed the draft amendment for public exhibition (MIN20.386) and resolved to: 1. Publicly exhibit Amendment No. 38 to Shoalhaven Development Control Plan (DCP)
2014 – revised Chapters N20 (Jerberra Estate) and S1 (Verons Estate) for comment. 2. Exhibit the Amendment for 35 days (5 weeks) to ensure the community has enough time to review and comment on the information. 3. Seek formal advice from the Biodiversity and Conservation Division (BCD) of the NSW Department of Planning, Industry and Environment (DPIE) prior to reporting the proposed Amendment to Council for final adoption, to ensure that the legal status of the Clause 34A certification is not jeopardised. DE20.124
The amendment is necessary to reflect the status of these as Estates as ‘relevant planning arrangements’ under Clause 34A of the NSW Biodiversity (Savings and Transitional) Regulation 2017, and to provide guidance to development applicants and assessment officers.
Public Exhibition The draft Amendment package was publicly exhibited for an extended period from 5 August to 11 September 2020 (inclusive). A public notice was placed on Council’s website and correspondence was sent to the landowners in each Estate and relevant Community Consultative Bodies (CCBs): Tomerong Forum and Sussex Inlet & Districts Community Forum. The exhibition material included the following: • Public notice • Explanatory Statement • Draft DCP Chapter N20 – Jerberra Estate • Draft DCP Chapter S1 – Verons Estate • Draft DCP Dictionary
Council also wrote to the Biodiversity and Conservation Division (BCD) of the NSW Department of Planning, Industry and Environment (DPIE) in accordance with part 3 of MIN20.386.
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Submissions Community submissions Four (4) community / landowner submissions were received. The matters raised in each are summarised and discussed below.
Submitter Issues Response Owner, Chapter N20 Jerberra Estate This has been rectified and does 29 Jerberra not require any changes to the Orchid management areas in Invermay Ave: Road DCP. Council signs have been cleared and one of the signs is lying on the ground.
Owner, Chapter N20, Jerberra Estate The amended DCP requires the 44 Jerberra Oppose amendment to the DCP regarding provision of wildlife-friendly fencing Road fencing along driveways through the along the driveways through the Bushland Management Area (BMA). BMA. Wildlife friendly fencing consists of steel or timber posts and plain wire strands. This form of fencing is cost effective and visually unobtrusive.
No changes are proposed to this
requirement. DE20.124 Request for track changes version of the A track-changes version was proposed amended Jerberra DCP. attached to the report to Council on 2 June 2020 and can be viewed here (from the Agendas and Minutes page on Council’s website). Community Chapter S1 Verons Estate This was reviewed internally by Member Note 4 under section 11.2 states that all pipe Council engineers who advised (Note: not crossings are to be 375mm diameter pipe, that: currently a however the actual pipe crossings are • In some areas 225mm pipes Verons 225mm pipe and some are 200mm. Council’s were installed because 375mm Estate maintenance cost will be high as pipes will pipes could not be installed due landowner) block up after every rain event small or large. to cover limitations. Some pipe outlets do not have an exit point. • Some 225mm pipes will be replaced with wider box culverts following recent storm damage. • Not aware of any 200mm pipes being used by Council’s contractor. These may have been privately installed.
No changes are proposed to the DCP as a result. Cowman Supporting Map, Chapter S1, Verons Estate Lot 28 is a ‘1964 holding’ and Stoddart P/L • Supporting Map shows Wandra Road and therefore a dwelling can potentially on behalf of turning area terminating at the intersection be approved despite it being less owner of Lot with Taramung Road at the NE corner of than the 40 ha min lot size. 28 DP9897 our client’s land. South of this, Wandra The extent of the road upgrades
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Road is shown as “existing road – no and roadside vegetation clearing upgrade planned” was informed by advice from the • The draft amended Chapter S1 identifies NSW Rural Fire Service (RFS) and that Lot 28 has a dwelling entitlement (it is also considered the possibility that a ‘1964 holding’) Lot 28 may be a ‘1964 holding’. • Our client has been subject to the same (This was subsequently confirmed special rates that apply to the others in the by title searches.) Verons Estate. The Supporting Map identifies that • Lot 28 should enjoy the same level of road Wandra Road would be upgraded access and vegetation management between Mokau Road and (Clause A3.1) along its frontage as the Taramung Road – refer to other lots that have dwelling entitlements. Attachment 3. This provides • Request that the road and turning area, and coincidental legal and practical associated verge vegetation management access to Lot 28. be extended along frontage of Lot 28. Furthermore, a gravel formation
previously constructed by Council extends along the full frontage of Lot 28. A fire trail was constructed in the Taramung Road reserve, providing an alternative emergency route between Wandra and Advance Roads. This fire trail was considered desirable but not DE20.124 essential by the RFS. There is no need to undertake further road upgrades beyond what is shown in the Supporting Map. No changes are proposed.
Comments - Biodiversity & Conservation Division (BCD) , NSW Department of Planning, Industry & Environment (DPIE)
Attachment 4 is a letter dated 7 September 2020 from the Biodiversity & Conservation Division (BCD) of DPIE. The letter advises that the amended DCP chapters will need to be re-certified to ensure the planning controls for each Estate retain their status as ‘relevant planning arrangements’ under clause 34A of the NSW Biodiversity Conservation (Savings and Transitional) Regulation. The letter advises that BCD is: “…supportive of the measures to update both DCP chapters to incorporate contemporary biodiversity conservation mechanism under the Biodiversity Conservation Act 2016 (BC Act). Notably we support threatened orchid and bushland conservation/management areas in Jerberra Estate now being required to be secured on title, as requested in the Clause 34A certification cover letter dated 12/4/19.”
Based on verbal advice from BCD officers, recertification is expected to occur in timely manner. However, this report includes a recommendation to delay commencement of the DCP amendment if recertification is likely to be delayed. The letter from BCD also suggested that the reference to Biodiversity Stewardship Agreements be removed from Chapter S1 given “…the low likelihood of Biodiversity Stewardship Agreements (BSAs) under the BC Act being viable and the need for biodiversity credits generated to be retired…”. This suggestion has been incorporated into the attached version of DCP Chapter S1 (refer to Attachment 2).
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Internal Staff comments Comments provided by Council’s Environmental Planning and Assessment Team are summarised (in italics) and discussed below. Chapter N20 (Jerberra Estate) • Suggest an additional control in Table 5 to make it clearer that a rehabilitation plan will need to be prepared for cleared or degraded land within the bushland management area (BMA) or bushland conservation area (BCA) consistent with the supporting Environmental Management Plan. Comment: this suggestion has been incorporated as a ‘note’ under Acceptable Solution A11.1 in the revised draft Chapter N20.
Chapter S1 (Verons Estate)
• Suggest addition of mandatory controls for cats and dogs, consistent with Jerberra Estate. Comments: Jerberra Estate has strict rules around cat and dog ownership due to the higher density of residential development and its proximity to important biodiversity values (e.g. Yellow-bellied Glider feed trees), and to satisfy the terms of the referral decision under the Commonwealth’s Environment Protection and Biodiversity Act. Of the controls for cat and dog ownership in Jerberra, two are considered appropriate for Verons given the environmental zoning and biodiversity values of the land: DE20.124 1. that any domestic cats must be contained within the dwelling or cat run 2. that dog proof fencing be provided between the cleared land and the land of the surrounding bushland, to contain dogs within the area around the dwelling. These provisions have been added to the revised draft Chapter S1. • Dog proof fencing should be required surrounding the bushfire asset protection zone (APZ). The note under 5.2.5 Mandatory Controls in the Jerberra DCP provides specifications for dog proof fencing. Comment: As noted above, this suggestion has been incorporated into the revised draft Chapter S1. • Specifications for wildlife friendly fencing surrounding BCA areas. Table 5, 5.3.3 of the Jerberra DCP provides specs for fencing around the BMA/BCA. This could be repeated in the Verons DCP in respect of the land that will be retained as bushland. The wildlife friendly fencing (with minimum spacing between plain wire strands) is beneficial for wildlife. The fence also provides a more permanent defined boundary to reduce future encroachment into the bushland areas. Comment: This suggestion is supported and has been incorporated into the revised draft Chapter S1. • Support the proposed addition of an acceptable solution that covers the scenario where the NSW Biodiversity Conservation Trust (BCT) is unwilling to prepare a conservation agreement for some properties due to the degree of clearing/disturbance. Comment: This is discussed further below under Summary of Changes.
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Proposed Post-exhibition Changes The proposed post-exhibition changes to draft DCP Chapter N20 (Jerberra Estate) are highlighted in yellow in Attachment 1 and are discussed below.
Description of proposed change Explanation / justification
Addition of a ‘note’ under Acceptable Further information is provided in Supporting Solution A11.1 stating that a rehabilitation Document No. 4 - Jerberra Estate plan / vegetation management plan (VMP) Environmental Management Plan. will be required if the land within the BCA / BMA is cleared or degraded to guide the restoration to a natural condition.
The proposed post-exhibition changes to DCP Chapter S1 (Verons Estate) are highlighted in
yellow in Attachment 2 and are discussed below.
Description of proposed change Explanation / justification
New acceptable solution: This addresses a relevant issue raised by Council’s Environmental Planning and P6.7 Any domestic cats must be Assessment Team and is consistent with the contained within the dwelling or cat run. Jerberra DCP. It is considered appropriate
given the land’s environmental zoning and DE20.124 biodiversity values.
New acceptable solution: As above. P6.8 Dog-proof fencing will be provided between the cleared land and the surrounding bushland that will be retained, to contain dogs within the area around the dwelling.
New acceptable solution: As above. Other forms of fencing can impede wildlife movement. Barbed wire or electrified P6.9 Fencing within the land that fencing can harm or kill wildlife. will be retained as bushland will be limited to wildlife friendly fencing.
Acceptable solution A7.1. This relates to enhancing and maintaining biodiversity values on that part of the property not directly affected by development. Following changes included.
Deleted the dot point referring to Biodiversity Based on advice from the Biodiversity & Stewardship Agreements Conservation Division, DPIE
Added an extra dot point as follows: Discussions with the NSW Biodiversity Conservation Trust in recent months have • If a Conservation Agreement is not confirmed that several lots in the Estate do possible (refer to Notes): not meet the eligibility criteria for o A vegetation management Conservation Agreements. An additional note plan will be prepared by an has been added identifying several lots that appropriately qualified person do not meet the Trust’s criteria due to the setting out how the area will extent of clearing/disturbance. be restored to a natural The positive covenant option is consistent
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condition; and with the approach used in Jerberra Estate. The lots in question will require a vegetation o A positive covenant (88B management plan (due to the degree of Instrument) will be prepared disturbance) hence this has been and registered on the property incorporated into the acceptable solution. title to ensure the land will be Council’s Environmental Planning and appropriately managed into Assessment Team will provide information to the future. assist applicants/consultants preparing a vegetation management plan.
Conclusion It is appropriate to finalise this amendment to the DCP to ensure that the development controls for the two Estates can continue to function as intended and other relevant matters are adjusted and improved.
Community Engagement Community engagement undertaken as part of DCP Amendment No. 38 is provided above. Extensive community engagement was undertaken over many years as part of the rezoning process.
Policy Implications
Adopting the proposed DCP Amendment will enable the clause 34A status to be secured DE20.124 (subject to recertification by DPIE) which will benefit the landowners in each Estate while also providing positive environmental outcomes into the future. The proposed post-exhibition changes outlined in this report are consistent with the outcomes that were intended throughout the respective rezoning processes.
Financial Implications The finalisation of the Amendment will continue to be resourced within the existing Strategic Planning budget.
Risk Implications Should the Amendment not proceed as proposed, the clause 34A status of the planning controls for each Estate could be jeopardised.
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Attachment 3
- DE20.124
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Attachment 4
- DE20.124
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DE20.125 DA20/1743 – 25 Lake Conjola Entrance Rd Yatte Yattah– Lot 84 DP 817514
DA. No: DA20/1743/4
HPERM Ref: D20/426814
Section: Ulladulla Service Centre Approver: Phil Costello, Director - City Development
Attachments: 1. Planning Report S4.15 Assessment (under separate cover) ⇨
Description of Development: Complete Existing Shed with Bathroom, kitchenette, office space and storage mezzanine and use the premises as a home industry mechanical repairs. Owner: Anthony Jansen Applicant: EcoView Design Pty Ltd Notification Dates: 3 August 2020 to 18 August 2020 No. of Submissions: Two
Purpose / Reason for consideration by Council DE20.125 Called in by Councillors via a Notice of Motion DE20.86.
Recommendation That Council refuse the application for the completion of the subject 24m by14.5m by 7.93m high shed and use of the building as a Home Industry at 25 Lake Conjola Entrance Road and issue orders for the demolition of the structure for the following reasons: 1. The development is considered to exceed the maximum permitted 100m2 area for a home industry permitted under Clause 7.18 SLEP given that the proposed design of the building incorporates no effective means to restrict the home industry use to a maximum of 100m2 area and as such should not be supported in the present form. 2. The development does not comply with the objectives of Clause 4.3 SLEP Height of Buildings as the unauthorised shed is not considered to be compatible with the height, bulk and scale of the existing and desired future character of a locality (adjoining rural dwelling) and presents a significant visual impact to the adjoining dwelling and community when viewed from public spaces.. 3. The building is 4.31m higher than the original shed height (3.62m) or 119% above the original and is located on the ridge/skyline. The unauthorized shed is prominent within the landscape and is visible both from travellers along the Highway travelling south and Lake Conjola Entrance Road in both directions. 4. The shed has proportions more akin to an industrial building and as such is not compatible with the objectives of the RU2 zone or adjoining dwelling and the rural landscape character in which it sits. Industrial uses are not permitted in the RU2 zone. 5. Retention of the shed in such a prominent location would present a poor planning outcome as it would create a precedent for other unauthorised development on ridgelines to be formalised.
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6. The height of the building is not considered to comply with the streetscape and character requirements of Chapter G19 of the SDCP2014.
Options 1. That Council: Refuse the application to formalise the unauthorised construction of the subject 24m x 14.5m x 7.93m high shed and use of the building as a Home Industry at 25 Lake Conjola Entrance Road and issue orders for the demolition of the structure for the following reasons: • The development is considered to exceed the maximum permitted 100m2 area for a home industry permitted under Clause 7.18 SLEP given that the proposed design of the building incorporates no effective means to restrict the home industry use to a maximum of 100m2 area and as such should not be supported in the present form.
• The development does not comply with the objectives of Clause 4.3 SLEP Height of
Buildings as the unauthorised shed is not considered to be compatible with the height, bulk and scale of the existing and desired future character of a locality (adjoining rural dwelling) and presents a significant visual impact to the adjoining dwelling and community when viewed from the highway. • The building is 4.31m higher than the original shed height (3.62m) or 119% above the original, and is located on the ridge/skyline. The unauthorized shed is prominent within the landscape and is visible both from travellers along the Highway travelling south and Lake Conjola Entrance Road in both directions. DE20.125 • The shed has proportions more akin to an industrial building and as such is not compatible with the RU2 zone or adjoining dwelling and the rural landscape character in which it sits. Industrial uses are not permitted in the RU2 zone. • Retention of the shed in such a prominent location would present a poor planning outcome as it would create a precedent for other unauthorised development on ridgelines to be formalised. • The height of the building is not considered to comply with the streetscape and character requirements of Chapter G19 of the SDCP2014.
2. Consent to the replacement of the fire destroyed shed in the 2019-2020 bushfires for the same footprint as has been constructed without prior consent, provided the ridge height is lowered to match the two storey dwelling on lot 1 DP 449604, approved under Development Consent number DA99/2865. Subject to the following special conditions: a) One hundred square metres of the subject building only may be used for a Home Industry business - Mechanical Repairs, for a period of 5 years under the standard conditions of consent for such an activity to be prepared by planning staff. The remainder of the building be allowed to remain but only for use for agricultural purposes or other legal purpose associated with the residential use of the property. b) The shed is to be subdivided by a permanent partition wall a minimum of 2.5m high delineating each separate use. c) The proposed amenities may remain within the agricultural proportion of the building but may be used for either the agricultural activities or home industry. d) The applicant be ordered to install native semi-mature, Syzygium smithii 20 litre pot size, trees between the western elevation of the building and the property boundary at 2m centres in order to provide some screening to the building from the neighbouring dwellings and the Princes Hwy.
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e) Order the lowering of the roof and walls of the shed building, the subject of this determination, located on Lot 84 DP 817514, so that the ridge of the shed that has been erected is to match the ridge height of the two storey dwelling located at no 19 Lake Conjola entrance Road, Lot 1 DP 449604, approved under Development Consent number 99/2865. Implications: The implementation of the above allows for the reinstatement of what was there prior to the fire event and keeps the operation within what is allowed under our local planning requirement whilst accommodating the owners need to continue the pre bushfire business.
Location Map
DE20.125
Aerial Photo following the bushfire Site Map
Aerial Nearmap image 2020 post 2019/20 bushfire event
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Background The site contained, until the bushfires of earlier this year, a dwelling (Lot 1 DP 823219) and a steel clad shed (Lot 84 DP 817514) at the rear of the dwelling with dimensions of 13.2m x 22m x 3.62m high. While Council cannot find any record of any consent for the erection of the previous shed a search of our records found the area dimensions on the approved site
plan (DA10/2352) for home industry lodged by the same applicant.
DE20.125
Extract of approved site plan for DA10/2352 (Home Industry) now lapsed.
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Photo taken Prior to 15 November 1999 during assessment of dwelling application at no 19 Lake Conjola Entrance Rd showing the existing shed at no 25 from the Princes Hwy and the height of the single storey dwelling adjacent.
The height of the ridge for the former shed is referenced on page 8 of revised plans for the adjoining dwelling at 19 Lake Conjola Entrance Road (DA99/2865) as RL76.57 in accord with condition 7 of consent for this dwelling which states: Building Height 7 The proposed dwelling house (excluding chimneys and aerials) shall be no higher than the height of the Ridge of the existing shed on lot 84 DP 817514 (located on the
ridgetop to the northeast of the proposed building site). DE20.125
Extract of assessment plans from DA99/2865 indicating ridge height of existing shed on Lot 84 DP817514 as 76.57.
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Aerial Photo 2005/06 showing original shed and dwelling footprint for subject propertyThe associated dwelling on lot 1 DP 823219 was approved in 1970 with additions in 1978 and 1983. DE20.125 The previous shed, destroyed by fire on lot 84, had an approval (DA10/2352) as a Home Activity (Light Industrial & Mechanical Repairs) which was granted a time limited 5-year approval that expired in March 2016. The owner did not seek to renew this consent when it lapsed and continued to operate his business without consent until the 2019/20 bushfire event. This means that the owner cannot rely on the previous consent for a continuation and is subject to the current development controls. In May, this year in a response to a complaint from a neighbour, Council’s compliance unit attended the site and found the shed shown in the below photographs being erected without the consent of Council.
Photo from Highway with adjoining dwelling (19 Lake Conjola Entrance Road) in foreground and unauthorised shed on the ridge in the background
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Photo from Lake Conjola Entrance Road showing the scale of the shed On further investigation it was found that the building could not fit any of the exempt development categories and therefore the development required the prior consent of Council due to its size, location and intended use. Proposed Development The application is seeking formalisation of a 24m long x 14.5m wide x 7.93m high industrial shed (built without development consent) comprising 100m2 light industry workshop, 26m2 lunchroom with kitchenette, 12m2 storage room, bathroom, 254m2 farm shed ancillary to
dwelling use area and 44.8m2 storage mezzanine erected on the site. DE20.125 The replacement shed is 4.31m higher than the original shed height (3.62m) or 119% above the original and has a total floor area of 394m2 as opposed to original shed area of 290.4m2. This is an increase of 35% in total floor area. The proponent is seeking the use of the northern half of the building as a home industry for mechanical repairs to replace DA consent DA10/2352 that lapsed in 2016. Total area proposed for the home industry equates to 142m2 provided the mezzanine is not associated with the light industry use or 186m2 including use of the mezzanine.
Site Plan
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Ground Floor Plan – red mark-up indicates general home industry component DE20.125
Mezzanine Floor Plan
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Subject Land 25 Lake Conjola Entrance Rd Yatte Yattah Lot 84 DP 817514 Site & Context
The site is Zoned RU2 – Rural Landscape under Council’s Local Environmental Plan 2014.
DE20.125
The objectives of the RU2 zone are: • To encourage sustainable primary industry production by maintaining and enhancing the natural resource base. • To maintain the rural landscape character of the land. • To provide for a range of compatible land uses, including extensive agriculture.
Google Streetview Image of Neighbours dwelling (19 Lake Conjola Entrance Road) and ridge prior to 2019/20 bushfire event
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Photo from Highway clearly shows the unauthorised shed has been erected above the ridgeline and is very prominent when viewed from the highway. Top of shed roof height marked by superimposed red line. The use permitted with consent which approximate the proposed use are: Home industries; means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following—
(a) the employment of more than 2 persons other than those residents, (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater, waste products, grit or oil, traffic generation or otherwise, DE20.125 (c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, (d) the exhibition of any signage (other than a business identification sign), (e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation or sex services premises.
Given that the dwelling associated with the shed burnt down in the recent fire event, the owner currently lives in a caravan on site in accord with the bushfire emergency provisions under cl77(d) of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 which provides: 77 Conditional exemptions The prior approval of the council is not required for— (d) the installation of any moveable dwelling and associated structure on land for the purposes of accommodating a person who has been displaced because of a bush fire, but only if the moveable dwelling or associated structure is maintained in a healthy and safe condition and removed within 2 years after it is installed. The site bounds the Princes Highway and Lake Conjola Entrance Rd, and the subject building sits atop the ridge running along Lake Conjola Entrance Rd. The shed has been erected approximately 32m from the dwelling on the adjoining land at No 19 Lake Conjola Entrance Road. The ridgeline of the subject shed is 4.31m above the ridgeline of the dwelling at No 19 Lake Conjola Entrance Road and viewed from the dwelling dominates the skyline to the north east.
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Planning Assessment The DA has been assessed under s4.15 of the Environmental Planning and Assessment Act 1979. Please refer to Attachment 1 Discussion The proposal hinges on whether the applicant has demonstrated that it is appropriate for such a large portion of the building (289m2) to be used for agricultural and ancillary residential uses. Compared to the area used for home industry, and whether it is appropriate for such a large, tall building to sit within the landscape in such a prominent location. Issues 1. The applicant submits that only 100m2 of the entire shed will be used for the home industry and that 245m2 on the ground floor plus 44.8m2 on the mezzanine storage within the building will be used ancillary to residential use and farm based uses. Clause 7.18 SLEP provides for a maximum floor area for a “Home Industry” of 100m2. The subject application seeks at least 142m2 area without justification. A Clause 4.6 variation is not able to be considered by council to increase the area as cl 4.6(8)(c) excludes clause 5.4 that references the maximum floor area for a home industry. Given the proposed design of the building, there is no effective means to restrict the home industry use to a maximum of 100m2 area and as such should not be supported in the present form. 2. Clause 4.3 SLEP Height of Buildings map provides for a maximum height of 11m for the subject site. While the building does not exceed the 11m height plane, council is required to consider the following objectives: DE20.125 (a) to ensure that buildings are compatible with the height, bulk, and scale of the existing and desired future character of a locality, (b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development, The subject unauthorised shed is not considered to be compatible with the height, bulk and scale of the existing and desired future character of the locality (adjoining rural dwelling) and presents a significant visual impact to the adjoining dwelling and community when viewed from the highway. 3. The building is 4.31m higher than the original shed height or 119% higher than the original and is located on the ridge/skyline. The unauthorized shed is prominent within the landscape and is visible both from travellers along the Highway travelling south and Lake Conjola Entrance Road in both directions. 4. The shed has proportions more akin to an industrial building and as such is not compatible with the RU2 zone or adjoining dwelling and the rural landscape character in which it sits. Industrial uses are not permitted in the RU2 zone. 5. Retention of the shed in such a prominent location would present a poor planning outcome as it would create a precedent for other unauthorised development on ridgelines to be formalised. 6. Chapter G19: Home Based Business Activities SDCP2014 Acceptable solution A1.6 states: The height of any new building associated with the home-based business activity is not to exceed 4.5m in height above existing ground level. Given that the unauthorised building is 7.93m in height, the building has a height variation of 76% above the DCP height standard for a home industry. The P1 performance criteria under this clause requires development to:
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• Remain domestic in scale and appearance. • Remain in character with the streetscape or area. • Not resemble a shop, commercial premises, office building or industrial premises. The unauthorised building fails all three performance criteria and therefore cannot be supported for a performance variation under the DCP. The height of the building is not considered to comply with the streetscape and character requirements of Chapter G19 of the SDCP2014.
Policy Implications Nil
Consultation and Community Engagement:
Two (2) public submissions were received in relation to Council’s notification of the development. One (1) was in objection and one (1) in support of the development. The notification was made in accordance with Council’s Community Consultation Policy with letters being sent within a 100m buffer of the site. Key issues raised as a result of the notification are provided below.
Issue DE20.125 The allowing of the shed to remain would be grossly unfair as the dwelling on no 19 Lake Conjola Entrance Rd was required as a condition of its consent to have the building relocated on the site so that the ridge of the building was no higher than the ridge of the previous shed located at no 25. Comment Investigation found that this was indeed the case Condition 7 of Development Approval DA99/2865 issued on 15th November 1999 states, “The proposed dwelling house (excluding chimneys and aerials) shall be no higher than the height of the ridge of the existing shed on Lot 84 DP817514 (located on the ridgetop to the north east of the proposed dwelling site).” Refer to background assessment on height of former shed. Issue The shed does not comply with the character of the area looking more like an industrial building. Comment The above comment is reasonable as the objective of the zone is “to maintain the rural character of the land”.
Financial Implications: Nil
Legal Implications Either option proposed within the body of the report may result in an appeal to the L & E Court by the applicant for refusal or an appeal by the adjoining neighbour due to amenity impact.
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Summary and Conclusion It is clear from the assessment that the buildings current form, location, bulk, scale and height are not compatible with the rural character of the location in which it sits and as such council needs to make a decision of whether to refuse the development outright or to require changes in design, location and height to enable the owner a pathway for his livelihood to be retained onsite.
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LOCAL GOVERNMENT AMENDMENT (GOVERNANCE & PLANNING) ACT 2016
Chapter 3, Section 8A Guiding principles for councils (1) Exercise of functions generally The following general principles apply to the exercise of functions by councils: (a) Councils should provide strong and effective representation, leadership, planning and decision-making. (b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers. (c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community. (d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements. (e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community. (f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way. (g) Councils should work with others to secure appropriate services for local community needs. (h) Councils should act fairly, ethically and without bias in the interests of the local community. (i) Councils should be responsible employers and provide a consultative and supportive working environment for staff. (2) Decision-making The following principles apply to decision-making by councils (subject to any other applicable law): (a) Councils should recognise diverse local community needs and interests. (b) Councils should consider social justice principles. (c) Councils should consider the long term and cumulative effects of actions on future generations. (d) Councils should consider the principles of ecologically sustainable development. (e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions. (3) Community participation Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.
Chapter 3, Section 8B Principles of sound financial management The following principles of sound financial management apply to councils: (a) Council spending should be responsible and sustainable, aligning general revenue and expenses. (b) Councils should invest in responsible and sustainable infrastructure for the benefit of the local community. (c) Councils should have effective financial and asset management, including sound policies and processes for the following: (i) performance management and reporting, (ii) asset maintenance and enhancement, (iii) funding decisions, (iv) risk management practices. (d) Councils should have regard to achieving intergenerational equity, including ensuring the following: (i) policy decisions are made after considering their financial effects on future generations, (ii) the current generation funds the cost of its services
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Chapter 3, 8C Integrated planning and reporting principles that apply to councils The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils: (a) Councils should identify and prioritise key local community needs and aspirations and consider regional priorities. (b) Councils should identify strategic goals to meet those needs and aspirations. (c) Councils should develop activities, and prioritise actions, to work towards the strategic goals. (d) Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources. (e) Councils should regularly review and evaluate progress towards achieving strategic goals. (f) Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals. (g) Councils should collaborate with others to maximise achievement of strategic goals. (h) Councils should manage risks to the local community or area or to the council effectively and proactively. (i) Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.