Shoalhaven City Council

MINUTES OF THE DEVELOPMENT & ENVIRONMENT COMMITTEE

Meeting Date: Tuesday, 1 September 2020 Location: Council Chambers, City Administrative Building, Bridge Road, Nowra Time: 5.00pm

The following members were present:

Clr Joanna Gash - Chairperson Clr Amanda Findley Clr John Wells Clr Patricia White Clr Nina Digiglio – (remotely) Clr Annette Alldrick – (remotely) Clr John Levett – (remotely) Clr Andrew Guile – (remotely) – left at 6.12pm Clr Mitchell Pakes Clr Greg Watson Clr Mark Kitchener Clr Bob Proudfoot Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence A leave of absence from Clr Gartner.

Confirmation of the Minutes RESOLVED (Clr Wells / Clr White) MIN20.601 That the Minutes of the Development & Environment Committee held on Tuesday 04 August 2020 be confirmed. CARRIED

Declarations of Interest Nil

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Call Over of the Business Paper RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.602 That all items in the business paper be considered in the order they appear in the agenda. CARRIED

MAYORAL MINUTES Nil

DEPUTATIONS AND PRESENTATIONS The following Deputations were made available on Council’s website: DE20.90 - DA19/1857 - 52 Parker Cr, Berry - Lot 710 DP 1247531 Foundation Law Group, representing the Applicant Paul Christie, representing Huntingdale residents

DE20.93 - Planning Proposal (PP029) and Draft Development Control Plan - Hitchcocks Lane, Berry - Next Steps Stephen Richardson, Cowman Stoddart, representing Peter & Pamela Brice

DE20.94 - Preliminary Consultation Outcomes - Berry Heritage Investigations Jennifer Clapham, Berry and District Historical Society

NOTICES OF MOTION / QUESTIONS ON NOTICE

DE20.86 Notice of Motion - Call In DA20/1743 and DA20/1621 HPERM Ref: D20/380851 Recommendation (Item to be determined under delegated authority) That Council call in for determination the following Development Applications due to public interest and concern: 1. DA20/1743 - 25 Entrance Rd Yatte Yattah - Lot 84 DP 817514; and 2. DA20/1621 - 260 Mount Hay Rd - Lot 2 DP 4498.

RESOLVED (Clr White / Clr Proudfoot) MIN20.603 That Council call in for determination the following Development Application due to public interest and concern: 1. DA20/1621 - 260 Mount Hay Rd Broughton Vale - Lot 2 DP 4498. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

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REPORTS

DE20.87 DA19/2032 – 61 Summercloud Crescent, Vincentia – Lot HPERM Ref: 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 Levett / Clr Proudfoot) MIN20.604 That Council receive the advice of Council staff that those residents objecting were not given sufficient notice that the item would be on this agenda, and that this item be deferred to the 6 October 2020 Development & Environment Committee meeting. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

DE20.88 s4.55 (2) Modification – 11 Tallimba Road Bangalee - Lot HPERM Ref: 115 DP 1205688 D20/343657 Recommendation (Item to be determined under delegated authority) That the application, DS19/1421 – 11 Tallimba Rd Bangalee (Lot 115 DP 1205688) be refused. The reasons for refusal are as follows: 1. The proposed development does not meet the “substantially the same development” test pursuant to clause 4.55(2) of the Environmental Planning and Assessment Act 1979. 2. The proposed development does not comply with the subdivision consent (SF9821) as the proposed vegetation clearing is outside that which is permissible as per the approved Environmental Management Plan under this consent. 3. The proposed development does not comply with concurrence issued by the Office of Environment and Heritage who have already issued a formal warning to Council for non- compliance with this concurrence. 4. The proposed development is contrary to previous approvals granted on the subject site which specifically require the vegetation the subject of this proposal to be retained. 5. Council may be challenged on the validity of the determination if an approval were to be issued.

RESOLVED (Clr Findley / Clr Proudfoot) MIN20.605 That the application, DS19/1421 – 11 Tallimba Rd Bangalee (Lot 115 DP 1205688) be refused. The reasons for refusal are as follows: 1. The proposed development does not meet the “substantially the same development” test pursuant to clause 4.55(2) of the Environmental Planning and Assessment Act 1979. 2. The proposed development does not comply with the subdivision consent (SF9821) as the proposed vegetation clearing is outside that which is permissible as per the approved Environmental Management Plan under this consent.

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3. The proposed development does not comply with concurrence issued by the Office of Environment and Heritage who have already issued a formal warning to Council for non- compliance with this concurrence. 4. The proposed development is contrary to previous approvals granted on the subject site which specifically require the vegetation the subject of this proposal to be retained. 5. Council may be challenged on the validity of the determination if an approval were to be issued. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Watson CARRIED

DE20.89 Clause 4.6 Variation Request - DA20/1031 - 5 The HPERM Ref: Concourse, D20/351020 Recommendation (Item to be determined under delegated authority) That Council 1. Support the variation of the height limit from 5.0 metres to 7.71 metres pursuant to clause 4.6 (Exceptions to development standards) of SLEP 2014; and 2. Refer the development application (DA20/1031) back to staff for determination.

RESOLVED (Clr Pakes / Clr Watson) MIN20.606 That Council resolve not to support the requested variation to the maximum height of buildings requirement. FOR: Clr Findley, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes and Clr Watson AGAINST: Clr Gash, Clr Wells, Clr Kitchener, Clr Proudfoot and Stephen Dunshea CARRIED

DE20.90 DA19/1857 – 52 Parker Crescent, Berry – Lot 710 DP HPERM Ref: 1247531 D20/257461 Recommendation (Item to be determined under delegated authority) That Development Application DA19/1857 to construct multi dwelling housing (five (5) detached dwellings) and strata title subdivision at Lot 710 DP 1247531, 52 Parker Crescent, Berry be refused subject to the reasons contained in Attachment 3 of this report.

RESOLVED (Clr Wells / Clr Pakes) MIN20.607 That: 1. Development Application DA19/1857 to construct multi dwelling housing (five (5) detached dwellings) and strata title subdivision at Lot 710 DP 1247531, 52 Parker Crescent, Berry be refused subject to the reasons contained in Attachment 3 of this report. 2. Attachment 3 of this report be amended by including, as a reason for refusal, the application being invalid as it contravenes Clause 4.1f of the SLEP 2014, and that Council’s application of this clause is not sufficiently clear for Council to approve the Development Application.

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FOR: Clr Gash, Clr Wells, Clr White, Clr Findley, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Digiglio, Clr Alldrick, Clr Levett and Clr Guile CARRIED

DE20.91 Development Application – 37 Road HPERM Ref: Bawley Point - Lot 270 DP 1001660 D20/373066 Recommendation That Council determine Development Application by way of refusal for the following reasons: 1. The Subject site including the proposed building and APZ is determined to be within the NSW TSC Act listed EEC River Flat Eucalypt Forest on Coastal Floodplains (RFEF). This is contrary to the findings of the Travers Bushfire and Ecology (TBE) report. 2. The environmental referral advice concludes the proposal will have a significant impact on River Flat Eucalypt Forest and therefore a Species Impact Statement is required subject to the assessment requirements of the OEH Director General. 3. As no SIS has been prepared, Council is unable to progress the application any further.

RESOLVED (Clr White / Clr Proudfoot) MIN20.608 That Council determine Development Application by way of refusal for the following reasons: 1. The Subject site including the proposed building and APZ is determined to be within the NSW TSC Act listed EEC River Flat Eucalypt Forest on Coastal Floodplains (RFEF). This is contrary to the findings of the Travers Bushfire and Ecology (TBE) report. 2. The environmental referral advice concludes the proposal will have a significant impact on River Flat Eucalypt Forest and therefore a Species Impact Statement is required subject to the assessment requirements of the OEH Director General. 3. As no SIS has been prepared, Council is unable to progress the application any further. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Watson and Clr Kitchener CARRIED

DE20.92 Exhibition Outcomes and Proposed Finalisation - HPERM Ref: Planning Proposal (PP047) - , Meroo D20/249003 Meadow Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt Planning Proposal (PP047) as exhibited, and using Council’s delegation, proceed to finalisation by forwarding the Planning Proposal to the NSW Parliamentary Counsel’s Office with the instruction to draft the required amendment to Shoalhaven LEP 2014. 2. Advise the proponent and surrounding landowners of the resolution and notification of the LEP Amendment.

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RESOLVED (Clr White / Clr Proudfoot) MIN20.609 That Council: 1. Adopt Planning Proposal (PP047) as exhibited, and using Council’s delegation, proceed to finalisation by forwarding the Planning Proposal to the NSW Parliamentary Counsel’s Office with the instruction to draft the required amendment to Shoalhaven LEP 2014. 2. Advise the proponent and surrounding landowners of the resolution and notification of the LEP Amendment. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

DE20.93 Planning Proposal (PP029) and Draft Development HPERM Ref: Control Plan - Hitchcocks Lane, Berry - Next Steps D20/337810 Recommendation (Item to be determined under delegated authority) That Council: 1. Publicly exhibit the updated Planning Proposal (PP029), to rezone land south of Hitchcocks Lane Berry (Part Lots 762 and 763 DP 1224932); and the supporting draft Shoalhaven Development Control Plan (DCP) Chapter N3 Berry Residential Subdivision, to facilitate subdivision and housing development on the land. 2. Seek a minor amendment to the Gateway determination for PP029 to revise the subject land boundary and PP maps to include the adjacent Hitchcocks Lane Road Reserve (UPN 96829) to improve LEP mapping consistency. 3. Allow for minor changes to the PP029 and draft DCP Chapter prior to exhibition to update graphics and provisions in consultation (if required) with the proponent and the NSW Department of Planning, Industry & Environment. 4. Exhibit PP029 and the draft DCP Chapter N3 Berry Residential Subdivision for public comment for 60 days in accordance with the requirements of the Gateway Determination issued by the NSW Department of Planning, Industry and Environment (DPIE). 5. Continue to progress: a. A Voluntary Planning Agreement (VPA) to provide landscaping screening along the southern boundary of the subject land to mitigate visual impacts of future development, and b. A review of the Shoalhaven Contributions Plan (CP) 2019 Project 01OREC0009 (Land acquisition for passive open space - Princes Highway, Berry) to recognise the demand the additional housing lots will place on the passive open space network in the area. 6. Commit to not finalising PP029 until a VPA is secured for landscape screening along the southern boundary of the land and amendments to the CP Project 01OREC0009 to provide adequate open space are made.

RESOLVED (Clr Wells / Clr White) MIN20.610 That Council: 1. Publicly exhibit the updated Planning Proposal (PP029), to rezone land south of Hitchcocks Lane Berry (Part Lots 762 and 763 DP 1224932); and the supporting draft Shoalhaven Development Control Plan (DCP) Chapter N3 Berry Residential Subdivision, to facilitate

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subdivision and housing development on the land. 2. Seek a minor amendment to the Gateway determination for PP029 to revise the subject land boundary and PP maps to include the adjacent Hitchcocks Lane Road Reserve (UPN 96829) to improve LEP mapping consistency. 3. Allow for minor changes to the PP029 and draft DCP Chapter prior to exhibition to update graphics and provisions in consultation (if required) with the proponent and the NSW Department of Planning, Industry & Environment. 4. Exhibit PP029 and the draft DCP Chapter N3 Berry Residential Subdivision for public comment for 60 days in accordance with the requirements of the Gateway Determination issued by the NSW Department of Planning, Industry and Environment (DPIE). 5. Continue to progress: a. A Voluntary Planning Agreement (VPA) to provide landscaping screening along the southern boundary of the subject land to mitigate visual impacts of future development, and b. A review of the Shoalhaven Contributions Plan (CP) 2019 Project 01OREC0009 (Land acquisition for passive open space - Princes Highway, Berry) to recognise the demand the additional housing lots will place on the passive open space network in the area. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

DE20.94 Preliminary Consultation Outcomes - Berry Heritage HPERM Ref: Investigations D20/346787 Recommendation (Item to be determined under delegated authority) That Council: 1. Support an amendment to Schedule 5 of Shoalhaven Local Environmental Plan 2014 (LEP) to list the: a. Twelve (12) dwellings identified in Figure 2 in the report as heritage items in Part 1 of the LEP. b. Queen Street and Showground areas (as shown in Figure 2 in the report) as Heritage Conservation Areas in Part 2 of the LEP. 2. Prepare and submit a Planning Proposal to the NSW Department of Planning, Industry and Environment for Gateway determination and if favourable, proceed to formal public consultation in accordance with the terms of the determination. 3. Advise affected landowners and relevant community groups of this resolution, noting the opportunity for formal consultation on the resulting Planning Proposal later in the process.

RESOLVED (Clr Findley / Clr Digiglio) MIN20.611 That Council: 1. Support an amendment to Schedule 5 of Shoalhaven Local Environmental Plan 2014 (LEP) to list the: a. Twelve (12) dwellings identified in Figure 2 in the report as heritage items in Part 1 of the LEP.

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b. Queen Street and Showground areas (as shown in Figure 2 in the report) as Heritage Conservation Areas in Part 2 of the LEP. 2. Prepare and submit a Planning Proposal to the NSW Department of Planning, Industry and Environment for Gateway determination and if favourable, proceed to formal public consultation in accordance with the terms of the determination. 3. Advise affected landowners and relevant community groups of this resolution, noting the opportunity for formal consultation on the resulting Planning Proposal later in the process. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

DE20.95 Ground Penetrating Radar (GPR) Survey Extent - HPERM Ref: Planning Proposal - 22 Currambene Street and 17 Hawke D20/360814 Street, Huskisson Recommendation (Item to be determined under delegated authority) That Council: 1. Note the letter received from the Jerrinja Local Aboriginal Land Council, dated 7 August 2020, supporting the recommendation to fund the Ground Penetrating Radar (GPR) Survey on Lot 9 Section C DP 758530 (26 Currambene Street) Huskisson. 2. Allocate $11,000 to enable the Ground Penetrating Radar (GPR) Survey that will be undertaken for Huskisson Church Planning Proposal (Lots 7 and 8) to also include the adjoining Lot 9, which is owned by the Jerrinja Local Aboriginal Land Council, noting that the inclusion of Lot 9 in the GPR survey will enable a more wholistic assessment of this aspect. 3. As part of the next quarterly budget review, determine and confirm where the $11,000 will be allocated from.

RESOLVED (Clr Findley / Clr Proudfoot) MIN20.612 That Council: 1. Note the letter received from the Jerrinja Local Aboriginal Land Council, dated 7 August 2020, supporting the recommendation to fund the Ground Penetrating Radar (GPR) Survey on Lot 9 Section C DP 758530 (26 Currambene Street) Huskisson. 2. Allocate $11,000 to enable the Ground Penetrating Radar (GPR) Survey that will be undertaken for Huskisson Church Planning Proposal (Lots 7 and 8) to also include the adjoining Lot 9, which is owned by the Jerrinja Local Aboriginal Land Council, noting that the inclusion of Lot 9 in the GPR survey will enable a more wholistic assessment of this aspect. 3. As part of the next quarterly budget review, determine and confirm where the $11,000 will be allocated from. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

Note: Clr Guile left the meeting at 6.12pm.

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DE20.96 Draft COVID-19 Contributions Discount Subsidy Policy - HPERM Ref: Post Exhibition Consideration and Finalisation D20/361163 Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt the draft COVID-19 Contributions Discount Subsidy Policy as exhibited, with the changes shown in Attachment 2 to the report. 2. Advise those who made a submission and the Development Industry Representatives of this resolution.

MOTION (Clr Watson / Clr Wells) That: 1. Council adopt the draft COVID-19 Contributions Discount Subsidy Policy as exhibited, with the changes shown in Attachment 2 to the report with the exception of the following part (a) and (b): a. Any development proposal which has achieved an operational consent (an operation consent also means the approval of an individual stage where a development is staged) within the development incentive period, as determined by Council from time to time, has 2 years to reach compliance with the policy (25% completion) to qualify for the reimbursement of a percentage of eligible paid contributions. b. In respect of developments approved prior to April 2020 where contributions have not been paid as at 7 April 2020, they must achieve compliance with the policy by April 2022 to qualify for a refund. The capacity to claim a refund in respect of these applications applies to applications determined before the commencement date of this policy where contributions have not been paid at the commencement date. 2. The CEO be authorised to make interpretive adjustments to this policy. 3. Council advise those who made a submission and the Development Industry Representatives of this resolution.

AMENDMENT (Clr Findley / Clr Digiglio) That Council defer the decision on this matter until the September Ordinary meeting, and some commentary be provided to Councillors in the intervening period to understand the impact.

The AMENDMENT became the MOTION and was PUT.

MOTION (RESOLVED) (Clr Findley / Clr Digiglio) MIN20.613 That Council defer the decision on this matter until the September Ordinary meeting, and some commentary be provided to Councillors in the intervening period to understand the impact. FOR: Clr Gash, Clr Findley, Clr Digiglio, Clr Alldrick, Clr Levett and Stephen Dunshea AGAINST: Clr Wells, Clr White, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot CARRIED on the CASTING VOTE of the Chair.

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DE20.97 Shoalhaven Animal Shelter Annual Report HPERM Ref: D20/259277 Recommendation (Item to be determined under delegated authority) That the Shoalhaven Animal Shelter Annual Report be received for information.

RESOLVED (Clr Findley / Clr Wells) MIN20.614 That the Shoalhaven Animal Shelter Annual Report be received for information. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

DE20.98 Review of the and Upper Kangaroo Valley HPERM Ref: Bushcare Group Action Plans D20/363087 Recommendation (Item to be determined under delegated authority) That Council adopt the: 1. Narrawallee Bushcare Group Action Plan presented as Attachment 1; and 2. Upper Kangaroo Valley Bushcare Group Action Plan presented as Attachment 2.

RESOLVED (Clr White / Clr Proudfoot) MIN20.615 That Council adopt the: 1. Narrawallee Bushcare Group Action Plan presented as Attachment 1; and 2. Upper Kangaroo Valley Bushcare Group Action Plan presented as Attachment 2. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

There being no further business, the meeting concluded, the time being 6.36pm.

Clr Gash CHAIRPERSON

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