File No. 100/10 Our Ref: EAJ
5 February 2010
Dear Councillor
You are kindly requested to attend an ORDINARY COUNCIL MEETING of Wingecarribee Shire Council to be held in the Council Chambers, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 commencing at 3.30pm .
Yours faithfully
Jason R Gordon General Manager
3.30pm Council Meeting begins 5.30pm Questions from the Public 6.30pm Closed Council B U S I N E S S
1. OPENING OF THE MEETING
2. PRAYER – REVEREND BOB THOMAS , BOWRAL UNITING CHURCH
3. PUBLIC FORUM
4. APOLOGIES
5. ADOPTION OF MINUTES OF ORDINARY MEETING HELD ON WEDNESDAY , 27 JANUARY 2010
6. BUSINESS ARISING FROM THE MINUTES
7. DECLARATIONS OF INTEREST
8. MAYORAL MINUTE (if any)
9. OPEN COUNCIL CHAIRED BY CLR JIM CLARK
Visitor Matters Environment and Planning Corporate Services Infrastructure Services
10. COUNCIL MATTERS
General Manager Corporate Services
11. NOTICES OF MOTION
12. DELEGATES REPORTS
13. PETITIONS
14. QUESTIONS FROM THE PUBLIC
15. CORRESPONDENCE FOR ATTENTION
16. QUESTIONS WITH NOTICE
17. COMMITTEE REPORTS (Tabled)
18. COMMITTEE REPORTS (Attached)
19. GENERAL BUSINESS
20. CLOSED COUNCIL
Page 1
C O N T E N T S
MAYORAL MINUTE...... 6 c-MM1 Inclusion of the Aboriginal Meaning of Locality Names on Future Signage Throughout the Shire 6
VISITOR ITEMS ...... 8 ENVIRONMENT & PLANNING DIVISION...... 8 v-EP1 Proposed Local Rural Industry, Dwelling & Eight (8) Eco Tourism Cabins, Soapy Flat Road, High Range 8 OPEN COUNCIL ...... 29 ENVIRONMENT & PLANNING DIVISION...... 29 o-EP1 Development Consents Determined by way of Approval under Delegated Authority 29 o-EP2 List Of Land Use Applications Received By Council 31 o-EP3 Land Use Applications Determined 33 o-EP4 Two Lot Subdivision at Lot 112 DP 825441 Iona Park Road, Moss Vale 34 o-EP5 Proposed Modification of Consent under S96(1a) for Fitout of Shop, “The Intersection”, Station Street, Bowral. 51 o-EP6 Draft Northern Villages DCP for Exhibition 62 o-EP7 Proposed Modification To The Renwick Voluntary Planning Agreement 65 o-EP8 Roads and Traffic Section 94 Development Contributions Plan 68 o-EP9 Compliance and Enforcement Policy 70 o-EP10 New Legal Issues Report 72 CORPORATE SERVICES DIVISION ...... 79 o-CS1 Property Valuations 79 o-CS2 Committee Appointments and Resignations 86 INFRASTRUCTURE SERVICES DIVISION ...... 87 o-IS1 Wallaby Hill Road Gravel re Sheeting Works 87 NOTICES OF MOTION ...... 97 c-NRM1 01/2010 – Notice of Rescission of Resolution - Development Application ‘Wallaby Hill Farm’ 97 o-NM1 01/2010 – Notice of Motion – Development Application ‘Wallaby Hill Farm’ 98 c-NRM2 01/2010 – Notice of Rescission of Resolution - Planning Control, Lot A DP 162073, 180 Argyle Street Moss Vale 101 o-NM2 02/2010 – Notice of Motion – Planning Controls Lot A DP 162073, 180 Argyle Street, Moss Vale 102 o-NM3 03/2010 – Notice of Motion – Gwydir Shire Council 103 COMMITTEE REPORTS...... 104 COMMITTEE REPORTS TABLED...... 104 c-CR1 Management and Advisory Committee Reports 104 CLOSED COUNCIL ...... 105 CORPORATE SERVICES DIVISION ...... 105 c-CS1 Closed Council 105
Page 2 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010
MISSION, VISION, VALUES
Our Mission, Our Vision, Our Values
OUR MISSION To augment the economic, environmental and social quality of life in the Wingecarribee Shire by serving the community well
Enhance transparency and accountability in all decision making processes and outcomes
Gain the trust and confidence of our community by keeping our communities informed and respect their input
Enhance the services and civic and OUR VISION natural assets of the Shire for this and future generations
Promote a live locally, work locally sustainability focus
Support and encourage the Shire’s tourism industry and character
Trust and integrity
Respect and responsibility OUR VALUES Communication
Service quality
Page 3 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010
COUNCIL CHAMBERS
WSC Council Chambers
Recording of Ordinary Meeting of Council As authorised by the Local Government Act 1993, Wingecarribee Shire Council records the proceedings of the Ordinary Meeting of Council to ensure accurate transcription of resolutions.
No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of Council without prior permission of the Council.
Minute Taker Liz Johnson Mayor General Manager Gair Jason Gordon r o D ct te E ir e a n e ir r s vi ct o e ll & ro or D rp ic u P n o v a S la m C r P c n e e y o n nt r S r tt in D e b r L g I i g i a e n re a L B e fra c n & s to a s n M S tr r M in ce o ic e uc m i ls h rv t d rv ae ic ur A e Ne l B es e S r r te ea e rl P ey Councillor C McLaughlin ou ncil Ma lor uge Councillors r
illor Co unc un Co S ci lark tra llo C ng r er r C illo o c r A u un e r n Door p k c o ip w il C h r lo C i W r g r o m o h l H u t il a h a n c l c n n s i u e te ll d o o a r C d d u T Media Table
Public Public
Page 4 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 DECLARATIONS OF INTEREST
DECLARATION OF INTEREST 101/3
Councillors are requested to declare any Pecuniary or Non Pecuniary Interests for items on the agenda.
Page 5 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 MAYORAL MINUTE
MAYORAL MINUTE c-MM1 Inclusion of the Aboriginal Meaning of Locality Names on Future Signage Throughout the Shire
REF: MAYOR 5120, 1826
Recognising each of the Localities throughout the Wingecarribee Shire including the Aboriginal meaning of a number of Locality names.
REPORT
On 18 December 2009, the Locality Names and Boundaries for the Shire’s 51 individual localities were finally Gazetted under the Geographical Names Act 1966. For decades locality names have existed and regularly used, eg, Burradoo, Kangaloon and even the towns of Bowral, Moss Vale and Mittagong. However, according to the Geographical Names Board, no area in the Shire has an official name.
It is interesting to note that many of the locality names have their origins from Aboriginal meanings, eg, Bundanoon means Place of Deep Gullies. Indeed the name of the Shire ‘Wingecarribee’ has its origins from the Aboriginal culture.
With the formal gazettal of the Shire’s Locality names, it is appropriate to commence a program of erecting signage across the Shire to mark the entry points to each of the localities. In addition, in recognition of the rich Aboriginal Culture that exists in the Shire it is also appropriate that where the locality name has an Aboriginal meaning, that meaning as agreed to by the Aboriginal Community be displayed on the sign.
Delineating each of the localities with signage is important on a number of grounds particularly in cases of emergencies. Many of the Shire’s roads are long and pass through a number of localities such as the Illawarra Highway. Sign posting each locality will enable emergency services such as Police, Ambulance and Rural Fire Services to deploy services more effectively if people can give exact locations.
More importantly, residents living in each of the localities develop strong affiliations and pride of their areas. Signage will help to recognise the variety of communities we have across the Shire.
As Mayor of Wingecarribee Shire I am very proud to be a prodigy of the Shire and of the name Wingecarribee which reflects the richness of the local Aboriginal Culture. I am confident that the majority of the Shire’s residents will agree and that it is important that we recognise the original inhabitants of this land and include the Aboriginal meaning of localities on the signs.
Unfortunately, the manufacturing of signage and installation is not a cheap exercise and it may take several years to implement, but I think the end result will be worth the effort.
……. Cont’d
Page 6 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 MAYORAL MINUTE
…….. Cont’d
RECOMMENDATION
1. THAT the erection of new locality signs be considered as part of the 2010/2011 Budget Process.
2. THAT the introduction of the signage be in consultation with the Wingecarribee Aboriginal Advisory Committee and that they decide on the most appropriate wording to be used to recognise the Aboriginal meaning of locality names AND THAT they report back to Council within 6 months.
Clr Duncan Gair Mayor
5 February 2010
Page 7 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
VISITOR ITEMS
ENVIRONMENT & PLANNING DIVISION
Environmental Sustainability v-EP1 Proposed Local Rural Industry, Dwelling & Eight (8) Eco Tourism Cabins, Soapy Flat Road, High Range
REF: MDBS LUA09/0701
This report considers a development application which seeks approval for a local rural industry, dwelling and eight (8) tourism eco cabins on Lot 8 DP 1094783 Harrison Lane (off Soapy Flat Road), High Range. Councillors attended a site inspection of this property on 9 September 2009.
The applicant and a representative of the objectors have been invited to address Council.
REPORT
PROPOSAL
The development proposed consists of a local rural industry being an olive plantation with associated shed for processing; a dwelling and 8 tourist cabins (serviced apartments).
The olive plantation is to be established in the northern section of the site covering an area of approximately 1.5 ha.
The proposed dwelling is to be located on the northern face of the ridgeline and will not be visible from the south nor from Wombeyan Caves Road. The dwelling would be partially excavated into the ridge and will have a minimal impact on views or scenic quality. Due to the excavation and style of house proposed it has been designed well to fit into the landscape.
The proposed cabins are small in area, being approximately 50m 2, each but are located along the visually prominent southern ridgeline. The cabins would be visible from Wombeyan Caves Road. The application proposes a significant amount of landscaping to screen the view of the cabins.
Access to the site is off Harrison Lane via Soapy Flat Road. Whilst Harrison Lane is wide and devoid of native vegetation, Soapy Flat Road is narrow and contains significant native vegetation within the roadside area.
A copy of the site plan, house and cabin elevations is attached (Attachment 1 ).
SITE DESCRIPTION AND LOCALITY
The subject site is located on Harrison Lane off Soapy Flat Road within a rural landscape of predominantly cleared properties, which leads into the State Forest to the north.
Page 8 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
The site itself straddles a prominent hill or ridge which can be viewed from Wombeyan Caves Road. The site is mostly cleared with the exception of a small area of remnant native species on the western boundary on the ridge top.
Recent works to the site include two dams, one on the southern face of the ridgeline and one on the northern face of the ridgeline, and landscape planting of native species along the southern boundary fence fronting Harrison Lane. The dam on the southern face of the ridgeline on the southern boundary is visible from Wombeyan Caves Road.
SUBJECT SITE
Page 9 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
STATUTORY CONSIDERATIONS
Wingecarribee Local Environmental Plan (WLEP 1989) The site is currently zoned Rural 1(c) which permits tourist facilities subject to Council consent. Dwelling houses are permissible subject to consent with the minimum allotment size for this zone being 10 hectares.
Draft Wingecarribee Local Environmental Plan 2009 (DLEP 2009) The site is proposed to be zoned RU4 and the tourist cabins would be defined as tourist and visitor accommodation which is prohibited under the zoning. However, following the public exhibition of the draft plan Council resolved to amend the DLEP 2009 to permit serviced apartments in association with local rural industries on RU4 zoned land with a 10 ha minimum. However, the inclusion of this clause in relation to local rural industries is not guaranteed as the NSW Department of Planning has not yet confirmed that it will accept the additional provisions in the DLEP 2009.
Council must take into consideration the provisions of the draft LEP, however any determination of the application must be made under the provisions of the existing WLEP 1989.
Illawarra Regional Environmental Plan No 1 It is considered that the proposal complies with the provisions of this plan with regard to the agricultural objectives but is inconsistent in terms of protecting valuable environments (due to the potential upgrade of Soapy Flat Road and the resultant impact on significant roadside vegetation) and the impact on the scenic attributes of rural areas.
Drinking Water Catchments Regional Environmental Plan No 1 The Sydney Catchment Authority has issued its concurrence subject to conditions under the above plan.
Development Control Plan (DCP) No. 53 – Siting Design and Landscaping This DCP provides detailed guidelines for the siting, design and landscaping for development in non-urban zones of the Shire. Clause 3.2a with regard to development location provides:
i. Development will be placed in locations on the land where visual impacts on views, features such as ridge lines, hill tops, horizons, prominent slopes and topographic features will be minimised, when these are viewed from a public place.
The proposed cabins are located along the ridgeline which runs parallel to Harrison Lane and are visible from Wombeyan Caves Road. The applicant has submitted a Visual Impact Statement which is reliant upon the use of landscaping to screen the development (Attachment 2) . As previously stated there is some boundary planting along the southern boundary with extensive further landscaping proposed. Due to the nature of the site and the subdivision layout an alternate site for the cabins is not considered to be feasible due to the extent of the slope on the northern side of the ridge.
Page 10 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Typical elevation of cabin (southern elevation)
ii. The visual impact of buildings with respect to siting and visibility will be assessed from all locations from which they are reasonably capable of being viewed (its visual catchment). A building will generally be acceptable if it has a low impact on its overall visual catchment, provided that it does not have significant impacts on individual viewing places of a public place or Heritage Conservation areas.
In this instance the cabins are all single storey structures of only 50m 2 in area but due to the prominence of the ridge they would be highly visible until the landscaping is established. The subdivision along Harrison Lane consists of three lots on the northern side of the ridge. Each lot is quite prominent making appropriate design important to prevent a line of buildings dominating the ridge. The proposed dwelling on the subject site achieves this, however, the cabins could exacerbate the impact of this subdivision on the visual catchment.
Side elevation of proposed dwelling set into hill side
v. Rural Developments shall be sited so that they do not impact upon horizons. Buildings that are sited so that they project partly or wholly above the horizon and are seen against the skyline from a public place are generally not permitted.
The proposed cabins project into the horizon/skyline and are visible from Soapy Flat Road.
vi. Buildings that would be situated close to the horizon must be vertically separated from it to the extent that the background horizon and the elements that comprise it, for example natural features, topography, vegetation and so on, remain the dominant scenic feature of the horizon.
Whilst the cabins are separated, there are eight of them which when viewed from a distance will appear to run together. The applicant has provided an impression of the impact of the landscaping after 5 years (Attachment 3) . In Wingecarribee Shire Council ats Baevski, NSW Land and Environment Court No. 10724 of 2008 Commissioner Brown made the
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following statement in relation to the use of landscaping to screen inappropriate development,
“I do not consider that landscaping should be a means of hiding an inappropriate design, particularly considering it would take at least 8 years for the landscaping to reach a level of maturity that would provide some screening of the enclosure.”
Generally it is considered that the proposal does not comply with DCP 53 with regard to the cabins. The house itself, however, is excellent and designed to fit in with the landscape, and complies with DCP 53.
Engineering Comments Council’s Development Engineer has advised that an assessment has been undertaken on the development for compliance against Council Development Control Plan No 41 and Rural Fire Service standards. The outcome was that the existing road width will not support an increase in traffic volumes along Soapy Flat Road, and therefore the proposal is not supported from a Traffic/Engineering Perspective.
Comments are as follows:
• Soapy Flat Road is classified in the Wingecarribee Roadside Management Plan as Category A – ‘high conservation’,
• There is currently undisturbed and significant native vegetation in close proximity to the road edges which restricts road width to between 3 – 3.5m only.
• The current geometric road layout will not technically support two-way traffic and only functions in the current arrangement due to the low residential traffic volumes providing low probability of vehicle conflict.
• Soapy Flat Road currently serves 5 dwellings; Traffic generation rates based on Roads & Traffic Authority (RTA) guidelines is calculated as 8 movements per day for dwellings in rural areas. The traffic movements associated with the existing residential properties is calculated at 40 movements per day.
• The application proposes construction of 8 cabins and 1 residential dwelling. A figure of 3 vehicle movements for tourist development was adopted after making reference to RTA Guidelines. This equates to 24 movements per day associated with the Tourist component and an additional 8 movements associated with the proposed dwelling. It is calculated that the proposal will result in an increase of 32 vehicle movements/day or an 80% increase over existing volumes.
• Rural Fire Service requires a minimum trafficable width of 4m with 1m clearance either side of the road (6m total). (Reference-RFS chapter 4 page 25 NSW RFS Planning for Bushfire Protection 2006). These works would be required at the applicant’s expense if this proposal was to be approved. The cost of such work has not been estimated. However, passing bays or road widening cannot be achieved without having significant impact on existing vegetation. Any road widening will conflict with the objectives of Wingecarribee Roadside Management Plan which is to minimise impacts of roadworks and other routine activities.
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The above comments were provided to the applicant prior to the application being modified, and the amended application referred to Council’s Development Engineer who advised:
“The addition of olive processing and sales associated with this operation will further intensify traffic. The applicant has not addressed the points made in previous advice which are still applicable .”
Bushfire Hazard The application was supported by a Bushfire Assessment Report and was referred to the NSW Rural Fire Service (NSWRFS) for comment due to the intensity of the proposed development in the vicinity of a significant fire source (State Forest to the north). The NSW RFS advised that it had no issues in regard to bushfire for this report.
Public Consultation Surrounding property owners were notified of the original and amended application for a period of 2 – 4 weeks each.
Council received ten (10) submissions on the original application and eight (8) submissions on the amended. Of the submissions received the majority objected to the proposal with three (3) supporting the proposal. The main points of objection for the original proposal remained for the same for amended proposal and are summarised as follows:
1. The application must be assessed against DLEP 2009 as a s.65 Certificate has been issued and the DLEP provides Council’s long term planning objectives for this area. The DLEP does not permit the proposed development.
Planner’s Comment See comments under DLEP 2009.
2. The cabins are located along a prominent ridge and will have a strong visual impact.
Planner’s Comment Agreed. See comments under DCP 53.
3. Landscaping should not be required to cover poor architecture.
Planner’s Comment It is agreed that the design of a proposal should not rely upon landscaping for it to be considered appropriate. Landscaping should be complimentary and enhance the development outcome. However, it is also true that landscaping forms a significant component of design and the overall impact. That being said, landscaping may take a number of years to establish and in some circumstances does not achieve the desirable level. In this instance it is the cumulative impact of eight cabins strung out in a line across the ridge top which is of concern as the individual design of each cabin when viewed in isolation is acceptable. The eight (8) cabins, garage and driveway areas will cumulatively result in a higher density of development on the most visible portion of the subject site and is considered to be unacceptable.
Page 13 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
4. Overlooking of surrounding properties due to the ridge top location of the cabins.
Planner’s Comment Whilst the property will overlook adjoining properties this will occur from a considerable distance, and is not likely to significantly impact on the amenity of surrounding properties.
5. The applicant has understated the traffic impact in particular: Soapy Flat Road is a narrow unsealed road, the road narrows 360m from the Wombeyan Caves Road intersection and becomes one way with cars allowing others to pass by pulling to the extreme edge of the road; staff residents suppliers and visitors could exceed 40 movements per day; any increase in truck movements will be difficult on this road; dust impacts on adjoining properties from Soapy Flat Road will increase; the internal roads in the development will scar the rural landscape; Soapy Flat roadside vegetation is significant.
Planner’s Comment Agreed. Refer to engineering comments.
6. The design quality of the cabins is poor with ‘hardy plank’ proposed. Design quality is similar to that found in caravan parks.
Planner’s Comment The design of each individual cabin is considered acceptable. The concentration of cabins is considered to be more problematic in terms of overall design for the development.
7. The proposal provides an unreal density for a rural environment.
Planner’s Comment The density over 10 hectares is not excessive for a tourist accommodation proposal, however, the cabins are concentrated in the one location which is highly visible and out of character with the surrounding locality.
8. The development is not serviced by town water, requiring it to depend on the dams on site (which have a limited catchment). It is likely that the development will require the use of bore water iImpacting on water availability to surrounding properties.
Planner’s Comment The applicant’s BASIX Certificate has provided a 50,000 litre water tank for the dwelling and a 5000 litre tank for each cabin for the collection of roof water run off. It is envisaged that the use of water from the dam and bore indicated on the plan would be for the landscaping.
9. The applicant claims the cabins to be eco friendly, however, the claim of sustainability does not stand scrutiny as the cabins are relatively isolated from other tourist facilities, restaurants etc. A bore for water will impact on a receding aquifer. If the design was genuinely sustainable eight (8) structures would be combined into a single structure to minimise construction facilities and to reduce long term energy use.
Page 14 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Planner’s Comment The cabins are primarily being assessed in terms of their land use rather than as “eco friendly”. The proposed development complies with BASIX and implements water sensitive urban design principles.
10. Impact on bushfire fighting services due to increase in density.
Planner’s Comment Refer to section on bushfire hazard.
11. Noise impact on surrounding residents .
Planner’s Comment The main noise impact from this development would be the increased traffic movements along Soapy Flat Road.
12. Should the enterprise fail what will become of the cabins? It is possible that they could be used as low cost housing. It would be unlikely that Council would be able to police this.
Planner’s Comment Should the application be approved Council would require a title restriction limiting the use of the cabins to visitor accommodation. As with most development the cabins would remain should the use not continue. It would be up to Council to monitor the usage of the cabins.
13 It appears that the local rural industry component of the development has been included to overcome the prohibition of tourism cabins under DLEP 2009. The proposed olive grove has not yet been established. To comply with draft clause 7.3 Council needs to be satisfied that the industry is up to production stage. The tourism cabins would be a prohibited use until such a time that the olives have reached productions stage. It is suggested that the production of 750lites is not viable, thereby the local rural industry is only being proposed to legitimise the proposed development under DLEP 2009.
Planner’s Comment Draft Clause 7.3 under DLEP 2009 states:
"7.3Tourism related development in Zones RU1, RU2 and E3 [local] (1) This clause applies to land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU4 Rural Smallholdings with a lot size 10 hectares or greater and Zone E3 Environmental Management. (2) In this clause, local rural industry means: (a) in the case of a winery, the processing of wine from grapes grown substantially in the vineyard where the winery operates, and from other grapes that are predominantly locally grown, and may include the sale of any such wine at the winery, and (b) in any other case, the handling, treating, processing or packaging of predominantly locally grown or produced agricultural or horticultural products, and may include the sale of any such products, from premises located on the
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land where the products are substantially grown or produced, but does not include any other rural industry undertaking. (3) Despite any other provision of this Plan, development consent may be granted for carrying out development on land to which this clause applies for the purposes of a local rural industry. (4) Despite any other provision of this Plan, development consent may be granted for carrying out development on land to which this clause applies for the purposes of a restaurant, café, function centre or serviced apartments, if the development is: (a) to be operated in conjunction with a local rural industry, and (b) on the same lot on which exists a lawful local rural industry. (5) However, development consent must not be granted under subclause (3) unless the consent authority is satisfied that the development will operate at all times in conjunction with, and ancillary to, the local rural industry. (6) Notwithstanding subclause (3), this clause does not apply to land located within the Berrima Landscape Conservation Area." If the development is proposed in accordance with the provisions of the above clause then Council may consider the application as a permissible use under the draft plan. Council would also require as a condition of approval that the local rural industry be established prior to the release of the construction certificate for the serviced apartments.
The following comments have been made in support of the application:
1. The proposed development would vastly improve the appearance of the area by ensuring the planting of appropriate native species. Furthermore the mass planting of trees and shrubs will minimise erosion.
Planner’s Comment See previous comments on landscaping.
2. Due to the proposed landscaping the cabins will be barely visible.
Planner’s Comment This is not guaranteed given the extent of the area to be covered.
3. This development will bring additional visitors and business into the local area thereby creating additional employment opportunities.
Planner’s Comment Agreed.
4. The development will add to and benefit local tourism.
Planner’s Comment Agreed.
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MANAGEMENT PLAN ISSUES OR IMPLICATIONS
There are no management plan issues or implications identified in this report.
POLICY IMPLICATIONS
The proposal does not satisfy Council’s policy in relation to ridgeline development as set out in DCP No 53. Road works necessary to service the development would be in conflict with Council’s policy of roadside vegetation management as set out in the Wingecarribee Roadside Management Plan due to the nature of the vegetation along Soapy Flat Road.
BUDGET IMPLICATIONS
Road upgrades works would be imposed as a condition of development consent at the applicant’s expense if an approval were to be recommended, however, Council would then be responsible for ongoing maintenance of the road network.
ECOLOGICAL SUSTAINABLE DEVELOPMENT ISSUES
(i) Environmental Factors The site is currently cleared grazing land. The proposed development would potentially increase the planting of native trees within the site and utilise water sensitive urban design principles. However, the current condition of Soapy Flat Road is poor and would require upgrading to service the development. It is considered that any upgrading of Soapy Flat Road would negatively impact upon the significant roadside vegetation.
(ii) Social Factors The proposal would have negative impacts on surrounding owners in terms of increased activity on the site.
(iii) Economic Factors The proposal would increase tourism spending and employment in this locality which would be beneficial.
CONCLUSION
In conclusion, the proposed development is permissible under the current WLEP1989 which remains the primary planning instrument for the consideration of this application.
Proposed Clause 7.3 of Draft WLEP 2009 for Local Rural Industries was adopted by Council but until the draft plan has been gazetted there is no certainty that it will be accepted as part of the final plan. Furthermore, the olive plantation is yet to be established and no harvesting or processing has yet to be undertaken.
The main merit based issues arising from this application are the suitability of Soapy Flat Road for access to the property and the visual impact of the development on a prominent ridgeline.
With regard to the access issues, the application will intensify the usage of Soapy Flat Road. Soapy Flat Road is a single carriageway at Harrison Lane which accesses Soapy Flat Road before a crest. Soapy Flat Road would require upgrading to satisfy the increased usage,
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however, the roadside vegetation is considered to be significant thereby limiting possible upgrades.
The design of the proposed dwelling is of high architectural quality and will have a minimal visual impact, however, the concentration of cabins (and proposed shed) along the prominent ridgeline does not comply with DCP 53. As discussed above, a significant amount of landscaping is proposed but given the extent of the development and the highly visible location it is considered that the landscaping should not be relied upon to hide the development from view.
It is recommended that the application be refused for the following reasons:
1. The application is inconsistent with the objectives of the Illawarra Regional Environmental Plan No 1, the 1(c) zone objectives of Wingecarribee Local Environmental Plan 1989 and Development Control Plan No 53 due to the visual prominence of the cabins and shed. 2. The potential adverse environmental impact of road upgrades to Soapy Flat Road reserve which is classified in the Wingecarribee Roadside Management Plan as Category A – ‘high conservation’. 3. The proposal does not comply with draft clause 7.3 of DLEP 2009 in that the “local rural industry”, namely olive production and processing, does not exist and Council cannot be satisfied, as required by the provisions of the clause, that development will operate at all times in conjunction with, and ancillary to, the local rural industry.
ATTACHMENTS
There are three attachments to this report:
1. Site plan, dwelling and cabin elevations. 2. Visual Impact Statement. 3. Visual Impact Diagram (impact of landscaping over 5 years)
……. Cont’d
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…….. Cont’d
RECOMMENDATION
THAT development application LUA09/0701 for a local rural industry (olive grove, harvesting and processing), dwelling and eight tourist cabins on Lot 8 DP 1094783, Harrison Lane (off Soapy Flat Road), High Range be refused for the following reasons:
(i) The application is inconsistent with the objectives of the Illawarra Regional Environmental Plan No 1, the 1(c) zone objectives of Wingecarribee Local Environmental Plan 1989 and Development Control Plan No 53 due to the visual prominence of the cabins and shed.
(ii) Soapy Flat Road road reserve is classified in the Wingecarribee Roadside Management Plan as Category A – ‘high conservation’ and the upgrading of it as necessary to accommodate the proposed development is likely to have an adverse environmental impact arising from the loss of significant roadside vegetation.
(iii) The proposal does not comply with draft clause 7.3 of Draft Local Environmental Plan 2009 in that the “local rural industry”, namely olive production and processing, does not exist and Council cannot be satisfied, as required by the provisions of the clause, that development will operate at all times in conjunction with, and ancillary to, the local rural industry.
(Voting on the Motion)
Scott Lee Director Environment & Planning
5 February 2010
Page 19 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
ATTACHMENT 1
Page 20 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 21 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 22 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 23 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 24 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 25 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 26 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 27 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
ATTACHMENT 3
Page 28 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
OPEN COUNCIL
ENVIRONMENT & PLANNING DIVISION
Governance and Accountability o-EP1 Development Consents Determined by way of Approval under Delegated Authority
REF: MDBS 5302
Submitting list of development consents executed under delegated authority of the Director of Environment and Planning between 12 January 2010 and 1 February 2010.
RECOMMENDATION
THAT the information relating to Development Consent Nos 1-14 Approved and Development Consent No 1 Refused under Delegated Authority be received and noted.
Development Applications (DAs) Determined by way of Approval 12/01/2010 to 01/02/2010
This list excludes all applications dealing with single residence dwellings and ancillary residential development, new dwellings or additions, garages and less than 2 lot subdivisions
Approval
Property Address & Appl/Proc Description Date Finalised Property Legal Desc ID 366 Argyle St 1 Moss Vale LUA09/1178 Gallery/Gifts/Coffee Shop 1/02/2010 Lot 12 DP 1009492 411-415 Bong Bong St 2 Bowral LUA10/0017 Signage 15/01/2010 Lot 32 DP 1076738 (A111) Self Service 430 Bong Bong St Canopy Extension & Fuel 3 Bowral LUA09/1216 28/01/2010 Dispenser Replacement Lot 1 DP 157227 Shell Retail Property (A111) Oxleys Hill Rd Use of Building as an 4 Bowral LUA10/0018 28/01/2010 Administration Office Lot 2 DP 878094 Wongaburra 19-21 Hill Rd 5 LUA09/0719 2 Lot Subdivision 12/01/2010 Moss Vale Lot 1 DP 158351 Internal Partitions First 205 Old Hume H’way Occupation & Associated 6 Mittagong LUA09/1107 1/02/2010 Signage Lot 100 DP 1102159
Page 29 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
79 Main St Mittagong Change of Use to Pizza 7 LUA09/1031 14/01/2010 Lot 1 DP 524097 Restaurant
Moss Vale Showground The Illawarra H’way Moss Vale Supply Place & Compact 8 LUA09/1130 22/01/2010 Lots 4-5 DP 6103 & Lot 33 DP Clean Fill 736050 & Lot 1 DP 738800
Sheepwash Rd Realignment of Part of Avoca Bodycotts Lane & 9 LUA09/0679 1/02/2010 Lot 1 DP 829931 Proposed Boundary Lot 2 DP 829931 Adjustment 3 Hill St Dwelling to Be Used as 10 Bundanoon LUA09/0799 20/01/2010 Health Consulting Rooms Lot 1 DP 844370 Railway Pde 10 Lot Residential Willow Vale 11 LUA09/0302 Subdivision (fees paid 12/01/2010 Lot 3 DP 622199 & Lot 1 DP under LUA08/0487) 854343 Subsurface Coal Tudor House The Illawarra H’way Moss Vale Lot 2 DP 508785 Transmission 12 LUA09/0992 Relocation of Building 21/01/2010 Line Easement Lot 1 DP 529711 Transmission Line Easement & Closed Roads 208785 Easements
24 Gladstone Rd 13 Bowral LUA09/0837 2 Lot Subdivision Lot 3 DP 1095312
Empire Theatre
325-329 Bong Bong St
Bowral Shop Fitout - Coffee 14 LUA09/1218 Pt 5 Pt 51 Lot 53 DP1136482 Culture 14/01/2010 (Area Of Pt 50 Is The Subsurface
Area Within Lot 53 DP 1136482
Development Applications (DAs) Determined by way of Refusal 12/01/2010 to 01/02/2010
This list excludes all applications dealing with single residence dwellings and ancillary residential development, new dwellings or additions, garages and less than 2 lot subdivisions
Refusal
Property Address & Appl/Proc Date Description Property Legal Desc ID Finalised The Illawarra H’way 1 Moss Vale LUA09/0558 2 Storey Timber Dwelling 19/01/2010 Lot 12 DP 11722
Page 30 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Governance and Accountability o-EP2 List Of Land Use Applications Received By Council
REF: MDBS 5302
Submitting list of development applications which have been received between 12 January 2010 to 1 February 2010, some of which will be dealt with under delegated authority of the Director of Environment & Planning.
RECOMMENDATION
THAT the information regarding the List of Land Use Applications Nos 1 - 8 received by Council be received and noted.
Development Applications (DAs) Received 12/01/2010 to 01/02/2010
This list excludes all applications dealing with single residence dwellings and ancillary residential development, new dwellings or additions, garages and less than 2 lot subdivisions.
Property Address Date Delega & Appl/Proc ID Description Council Created tion Property Legal Desc
Staged concept DA for Yarranga St the construction of Rorbertson community swimming Lot 1 DP 256442 & LUA10/0038 1 20/01/2010 pool (indoor) and Lots 7-10 Sec 13 DP building Council 758882 (Robertson Bowling
Club)
Chevalier College New Classroom Block 2 Moss Vale Rd & Extension & 29/01/2010 LUA10/0060 Burradoo Modernisation of Lot 12 DP 748370 Hospitality Classrooms Chevalier College Installation of a Single 3 Moss Vale Rd 29/01/2010 LUA10/0062 Block of 3 Demountable Burradoo Buildings Lot 12 DP 748370 2-4 Raglan St Hill Top Lots 9-14 Sec 5 DP 4 1262 akas 15 West Residential To Retail 21/01/2010 LUA10/0042 Parade And Signage
Page 31 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Extension To Factory (Additions include 1st floor offices, amenities, 14 Gantry Place, extension of warehouse 5 21/01/2010 Braemar LUA10/0041 & provision of Lot 1 DP 818473 hardstand areas for carparking & vehicle manoeuvring)
Old Hume Highway, Relocation Of Existing 6 28/01/2010 Berrima LUA10/0055 Coffee Shop Lot 117 DP 870922 Outdoor eating area & Woollies Car Park associated works Banyette Street, 7 18/01/2010 LUA10/0035 (Council owned land – Bowral situated outside Lot 2 DP 868337 Gastronome Café) Badgeries 8 Sallys Corner Road, Sheep Dairy & 21/01/2010 LUA10/0043 Exeter Cheesery Lot 61 DP 1053915
Page 32 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Governance and Accountability o-EP3 Land Use Applications Determined
REF: MDBS 5302
Submitting list of Land Use applications determined by way of approval under delegated authority of the Director of Environment & Planning for the month of January 2010.
RECOMMENDATION
THAT the information regarding the List of Land Use Applications Determined by Council for the month of January, be received and noted.
LAND USE APPLICATIONS (Includes DA’s, Const. Cert., BA’s Local Gov. Act, Sandwich Boards, St App) Total Applications. Cumulative Dwellings No of Flats/ Units Month Received DA’s Only / Dual Occ /ClusterHousing SEPP SL No of units in brackets 2009 2010 2009 2010 2009 2010 2009 2010 January 69(*14) 62(*2) 69 62 5 8 1(2) February 83(*9) 152 16 March 98 (*10) 250 17 1(3) April 99(*12) 349 16 May 92(*15) 441 16 June 123(*21) 564 16 1(2) July 100(*10) 664 20 August 99(*10) 763 15 September 105(*10) 868 18 October 125(*7) 993 22 November 116(*4) 1109 14 December 108(*2) 1217 16 1(2)
*Notice of issue of Construction Certificates & Complying Development Certificates by Private Certifier
NOTE # Includes Seniors Living (SEPP 5)
Page 33 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Environmental Sustainability o-EP4 Two Lot Subdivision at Lot 112 DP 825441 Iona Park Road, Moss Vale
REF: MDBS LUA09/0227
Reporting on LUA 09/0200 which seeks development consent for a two lot subdivision at Lot 112 DP825441, Iona Park Road, Moss Vale.
REPORT
LUA 09/0227 seeks development consent for a two lot subdivision of Lot 112 DP 825441, Iona Park Road Moss Vale.
One of the proposed lots is 40 hectares in area, and the other is 37.4 hectares in area, which is 2.6 hectares less than the 40 hectare minimum required under Wingecarribee LEP 1989 .
An objection under State Environmental Planning Policy No 1 has been submitted. SEPP1 is the instrument under which applicants may seek a variation to a planning standard. Without the SEPP1 application, the Development Application is invalid. In this instance, the request is for a 6.5% departure from the 40 hectare development standard.
In accordance with ICAC guidelines, all SEPP1 matters are submitted for determination by Council.
DESCRIPTION OF PROPOSED DEVELOPMENT
Lot 112 DP 825441, Iona Park Road, Moss Vale is located at the northern end of Iona Park Rd, has an area of 77.4 hectares, and currently contains rural sheds (see Attachment 1 : Location Plan ). The eastern boundary of the site follows Kelly’s Creek. Access to the site is via a 500 metre long battleaxe driveway, accessed from Iona Park Rd.
The proposed development (see Attachment 2 : Site Plan ) comprises:
• The subdivision of Lot 112 into two parcels, being 40 hectares and 37.4 hectares respectively; and • The location of a building envelope and on site effluent disposal area upon each proposed lot, located clear of the 1:100 year flood affected area upon each lot to facilitate the construction of a dwelling house on each of the proposed allotments.
SURROUNDING LOT SIZES
Sites adjoining the subject site vary in size from 2 hectares, 35.73 hectares, 36.03 hectares, 36.22 hectares and 40 hectares as shown in Attachment 3.
Page 34 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
STATUTORY CONSIDERATIONS
• Wingecarribee LEP 1989: The site is currently zoned 7(b) Environment Protection (Landscape Conservation), and clause 12 a minimum subdivision allotment size of not less than 40 hectares.
• Exhibited Draft WLEP 2009: The site is proposed to be rezoned Environmental Management E3, and the minimum allotment size would remain at 40 hectares.
REFERRALS TO STATE GOVERNMENT AUTHORITIES
Sydney Catchment Authority
The application was referred to the Sydney Catchment Authority for comment. After submission of additional detail by the applicant to the SCA, the SCA has given its concurrence subject to five (5) conditions of consent addressing issues such as wastewater management, accessways to dwelling sites, protection of catchment scheme works and rain water tanks.
PUBLIC CONSULTATION
The proposed development was notified to 8 surrounding properties.
One submission was received, objecting to the 37.4 hectare sized lot and the proximity of the access road to the objector’s dwelling. The proposed access road has been shifted so that it is no closer than 200 metres to the objector’s dwelling, as shown on amended plans received November 2009. This is considered satisfactory.
The discussion regarding the requested SEPP 1 variation to the 40 hectare lot size is contained in Section 6 of this report.
INTERNAL STAFF COMMENTS
Engineer’s Comments
The proposed development is considered acceptable to Council’s Development Engineer, subject to standard conditions of consent, which are included in the draft conditions of consent attached to this report.
DISCUSSION OF MAJOR ISSUES ARISING a) Request for variation to 40hectare standard – SEPP 1 objection
The proposed subdivision includes one proposed 37.4 hectare lot, which is 2.6 hectares less than the 40 hectare development standard in WLEP1989.
The applicant has submitted the following SEPP 1 objection seeking a 6.5% departure from this development standard:
Page 35 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
“This SEPP1 application seeks to vary the abovementioned standard for proposed Lot 2 having an area of 37.4 hectares with building permissibility.
The proposed lot size is a 6.5% variation which is less than the 10% variation development standard.
The proposed subdivision development is consistent with the objectives of the zone, in particular, encouraging the promotion and co-ordination of the orderly and economic development and use of land for the following reasons:
a) to provide suitable land for agricultural use. The land is fertile land and is currently used for beef cattle. The lot size will not affect the agricultural potential and will not be in conflict with agricultural pursuits on surrounding lands.
b) Catchment Scheme works already in place along Kelly’s Creek can be protected and will continue to improve the water quality of the creek.
c) The proposed development is consistent with other developments in the area and will enhance the area”.
Comment The subject site is located within land identified by the Department of Agriculture as being lands well suited to pasture improvement and associated management pasture policies with good capability for agriculture.
The proposed 37.4 hectare lot will therefore still remain independently agriculturally viable, despite its reduced area.
Furthermore, the variation is not considered to erode the 40 hectare standard within the immediate locality, as there are numerous allotments adjoining the subject site which are already 36 hectares or smaller in area, as shown in Attachment 3.
Strict compliance with the 40 hectare minimum lot size is considered unreasonable and unnecessary in this particular circumstance, and a variation to the standard will result in a development which still attains the objects specified in section 5(a)(i) and (ii) of the Environmental Planning & Assessment Act 1979. The resultant allotments are capable of accommodating a rural dwelling as well as agricultural pursuits consistent with the zoning of the land. The resultant lot sizes are consistent with the range of lot sizes that exist in this locality.
MANAGEMENT PLAN ISSUES OR IMPLICATIONS
N/A
POLICY IMPLICATIONS
N/A
Page 36 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
BUDGET IMPLICATIONS
N/A ECOLOGICAL SUSTAINABLE DEVELOPMENT ISSUES
(i) Environmental Factors The proposed subdivision does not involve vegetation removal, and satisfies the Sydney Catchment Authority in terms of maintenance of water quality. It is considered that the proposal does not create any adverse environmental impacts.
(ii) Social Factors The proposed 2 lot subdivision is not considered to create any adverse social impacts.
(iii) Economic Factors The proposed 2 lot subdivision is not considered to create any adverse economic impacts.
CONCLUSION
The proposed subdivision and requested SEPP 1 variation to the 40 ha standard is considered acceptable in terms of s.79C EPA Act 1979, subject to appropriate conditions of consent as shown in Attachment 4.
ATTACHMENTS
There are four (4) attachments to this report:
Attachment 1 - Location plan – shaded area. Attachment 2 - Site plan. Attachment 3 - Surrounding lot sizes. Attachment 4 - DRAFT conditions of consent.
RECOMMENDATION
THAT LUA 09/0200 which seeks development consent for a two (2) lot subdivision of Lot 112 DP 825441, Iona Park Road, Moss Vale, be approved subject to conditions as described in Attachment 4.
(Voting on the Motion)
Page 37 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 38 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 39 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 40 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
DRAFT CONDITIONS ATTACHMENT 4 GENERAL – DEVELOPMENT CONSENT CONDITIONS
1. Compliance
Subdivision is to take place in accordance with the approved plans and documentation submitted with the application and subject to the conditions below, to ensure the subdivision is consistent with Council's consent.
Any subsequent changes to the approved plans should be clearly identified for Council's consideration. Council reserves the right to request an application for modification of this consent or a new development application in the event that significant changes to the approved plans are subsequently made.
2. Qualifications and Responsibility for Documentation
Council requires that all design plans be prepared to Council's standards by a person, who has proven experience and suitable relevant qualifications in the preparation of plans specifications and any other relevant documentation for the approved development. All of these requirements are outlined in Council's Development Control Plan No 41.
The Developer will be responsible for the correctness of all information contained in the drawings, specifications or any other documentation. The Council will not accept responsibility for any errors or inaccuracies that may be found in such documents, regardless of whether these documents have been checked and/or approved by Council.
3. Responsibility for Works
The Council will hold the Developer (Applicant/Owner), to whom the development approval was issued, solely responsible for constructing the required development works to Council's satisfaction and maintaining them during any specified period.
4. Developers Representative during Construction of Works
A minimum of 48 hours prior to commencement of any construction works on site the Developer must nominate to Council in writing their representative (Construction Supervisor) who will be responsible for all aspects of construction and site control, including Traffic Control, Sediment and Erosion Control and liaison with Council Officers and all other Authorities.
Details to be submitted include:-
• Name of Representative: • Company : • Position: • Contact Ph: • Contact Fax:
Page 41 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
• After Hours Contact: • Signature of Representative: • Signature & Acceptance of representative by the Developer: • Council requires that the nominated "Construction Supervisor" either hold qualifications acceptable for Corporate Membership of the Institute of Engineers, Australia, or be Approved by the Director and/or has proven experience and suitable relevant qualifications for the control, supervision and management of civil engineering works as required for carrying land development.
Prior to commencing any works on site the representative shall:-
• Inform Council in writing of their intention 7 days before entering the site. • Submit to Council a proposed Schedule of Works.
The Applicant may be required to arrange for Council to peruse all other contract documentation PRIOR TO THE CONTRACTOR ARRIVING ON SITE TO COMMENCE WORK . (Schedule of Works, Specifications Bill of Quantity, Traffic Control Plan and Soil and Water Management Plan).
Failure to comply with the requirements as set out above will result in an immediate stop work order.
5. Hours of Demolition and Construction Works
In order to minimise impacts upon the locality demolition and construction activities must be limited to between 7.00am - 6.00pm Monday to Friday and 8.00am to 1.00pm Saturdays with no work on Sundays and public holidays. Any variation of these hours will only occur with Council's consent.
6. Workers Compensation & Public Liability
It is the Developer's responsibility to ensure that Contractors engaged to carry out works indicated on the approved plans carries current Workers Compensation Insurance and hold Public Liability Insurance for $10,000,000 cover.
7. Construction Certificate (Subdivision)
Subdivision work in accordance with the consent must not be commenced until a Construction Certificate has been applied for and issued by Council, pursuant to Section 81A (4) (a, b & c) of the Environmental Planning and Assessment Act 1979 . The application for a Construction Certificate needs to be accompanied by detailed engineering plans and specifications and completed design checklists found in Development Control Plan No 41. The Construction Certificate fee is payable at time of lodgement of the application.
8. Other Approvals
Subdivision work in accordance with the consent must not commence until any relevant approvals required under Section 68 of the Local Government Act 1993 and the Roads Act have been obtained.
Page 42 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Land Title
9. Subdivision Certificate
In accordance with Section 109J of the Environmental Planning and Assessment Act 1979 an application for a subdivision certificate along with a linen plan suitable for lodgement with Land and Property Information NSW plus eight (8) copies and relevant other documentation, shall be made on the completion of works and the relevant application fee paid. All works specified in Council's development consent and approved construction certificate plans shall be completed and all development consent conditions complied with prior to making a subdivision certificate application.
10. Access by Right of Carriageway
Submit Section 88B Instrument to make satisfactory provision for the following in respect of the proposed right of carriageway:
(a) Provision for on-going management/maintenance of the carriageway including clear details of obligations/responsibilities of the affected parties.
(b) Effective (legal) provision for access by all emergency and other essential service organisations over the private carriageway.
Full details, including draft Section 88B Instrument, to be submitted for the approval of the Director Environment and Planning WITH THE APPLICATION FOR A SUBDIVISION CERTIFICATE.
11. Permanent Road Survey Marks
The provision by the Applicant of road permanent survey marks to the satisfaction of the Director Environment and Planning.
12. Flood Prone Land Restrictions 88B
A legally binding instrument (Section 88B of the Conveyancing Act ) shall be prepared in consultation with, and to the satisfaction of the Council for each allotment identified as affected by flooding in:-
(a) The contour survey plan and calculations Ref No 15523 prepared by Land Development Consultants Pty Ltd and dated 3 November 2009.
The required instrument(s) shall be registered on the title of the affected lot(s) and proof of that registration shall be submitted to Council WITH THE APPLICATION FOR A SUBDIVISION CERTIFICATE .
13. Dedication of Right of Carriageway / Easement
The creation or obtaining by the Applicant of the following right of carriageway and easements, at the Applicant's expense WITH THE APPLICATION FOR A SUBDIVISION CERTIFICATE:
Page 43 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
(a) Right of carriageway and easement for services 10 metres wide and variable over proposed Lot 1 in favour of adjoining proposed Lot 2.
Protection of Council Assets
14. Provision of Services
Provision of a separate electricity supply to each allotment within the subdivision at subdivider's expense.
15. Property Services Within Lots
All property services are to be located within the lots that they serve in accordance with Development Control Plan No 41. The developer is to provide to Council written confirmation of this PRIOR TO RELEASE OF THE SUBDIVISION CERTIFICATE .
16. Applicant Must Advise of Damage to Property
The Applicant must advise Council of any damage to property controlled by Council which adjoins the site including kerbs, gutters, footpaths, walkways, reserves and the like, prior to commencement of any work on the site. Failure to identify existing damage will result in all damage detected after completion of the building work being repaired at the Applicants expense.
LAND AFFECTATION
Flooding
17. Flood Compatible Development
Any proposed development which is to occur within the area identified as inundated by the 1:100 year ARI event, shall ensure compliance with the following:-
(a) Requirements of Council's current Development Control Plan No 34 "Potentially Flood Affected Land".
(b) Requirements of Wingecarribee Local Environment Plan, Clause 34.
18. Finished Surface Level Work as Executed
Where any part of any allotment created is within the 1% AEP flood an appropriate Restriction as to User shall be created on the title of that lot. The works as executed plans and title document shall state the 1% AEP flood level and the minimum finished floor level for that allotment. The finished floor level is to be a minimum of 500mm above the 1% AEP flood level.
Page 44 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
ENVIRONMENTAL MANAGEMENT
Sediment and Erosion Control
19. Erosion Control on Completed Subdivisions
Adequate erosion and sediment control measures are to be maintained in place on the subdivision to the satisfaction of Council until site stabilisation and revegetation is finalised.
Landscaping, Vegetation and Privacy Screening
20. Council Reserve / Street Tree Retention
All trees in Council's road reserve are to be preserved except where removal is separately approved by Council, to ensure the continued amenity of the streetscape and to retain the ecological integrity of the roadside area.
ADVISING: Reference should be made to Council's Roadside Vegetation Management Plan.
21. Tree Clearing in New Subdivisions
Where the development involves the clearing of vegetation for road construction the Applicant is responsible for removal / disposal / mulching of cleared material prior to application for a subdivision certificate and to the satisfaction of the Director Environment and Planning.
22. Disposal of Vegetation
Any trees removed with Council consent and any other vegetation cleared in association with this development shall be disposed of in accordance with the Waste Management Plan approved with this land use application. For minor additions and outbuildings removed vegetation shall be either mulched for reuse on site or transported to an approved waste/recycling facility.
NOTE : No vegetation shall be burnt except with an approval issued by Council under Clause 6G (2) of the Protection of the Environment (Clean Air) Regulation 2002 .
Air Pollution Controls
23. Dust Suppression
The applicant shall use (water cart, vegetation etc) to control dust from the site when ever conditions are favourable to dust formation.
Page 45 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
CIVIL ENGINEERING WORKS AND SERVICES
24. Provision of Works and Services
The provision, by the Applicant, at their expense, of the following works and services to be documented and constructed in accordance with Council's Development Control Plan Nos 12 and 41, to the satisfaction of the Development Control Engineer. PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE the Developer must obtain approval for the works to be undertaken by submitting adequate documentation including plans, standard notes and completed design checklists, calculations and specifications, to Council which justify that the proposed works are in accordance with all Council's standards and all other relevant Codes and guidelines.
(a) Access and Roadworks
(i) Construction of Right of Carriageway
Construction of right of carriageway surfaced with a minimum of 200mm of suitable road base material for the full length of the right of carriageway for a minimum of 4.5 metres wide within the lots .
(ii) Construction of Rural Crossing
Rural vehicular entrances for access in accordance with Standard Drawing Nos SD110 and SD123 to provide access to the lots.
(iii) Traffic Control Plan
A minimum of seven (7) days prior to the commencement of work, the developer shall submit to Council a Certified Traffic Management Plan for each activity of work in accordance with the current version of Roads and Traffic Authority document “ Traffic Control at Work Sites” . This plan must include each construction activity that involves works on or adjacent to public land. If the work site alters, further plans are to be submitted to Council. A copy of the plan(s) is to be kept on site at all times.
(iv) Approval Required for Work within Road Reserve – Section 138 Roads Act 1993
Where works are proposed within the road reserve , the applicant must obtain approval from Council (as the Roads Authority and / or as required under Section 138 of the Roads Act 1993 ) before any works are undertaken. Works within the road reserve may include activities such as erect a structure, dig up or disturb the surface of a public road, remove or interfere with a structure, or any other activities as defined within the Roads Act 1993 .
The following details must be submitted to Council in order to obtain the Section 138 approval:
Page 46 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
• A copy of approved design plans related to the development and proposed works to be undertaken.
• Traffic Control Plan (TCP) to provide protection for those within and adjacent to the work site, including the travelling and pedestrian public. The TCP must comply with the Roads and Traffic Authority’s manual ‘” Traffic Control at Work Sites ”. Warning and protective devices shall comply with the provisions of AS1742.3 – 2002 Traffic Control Devices for Works on Roads . The plan must be prepared and certified by a person holding the appropriate Roads and Traffic Authority accreditation, a copy of which is to be submitted with the plan.
• Insurance details – Public Liability Insurance to an amount of $10 million, to be held by applicant / contractor undertaking the works.
Note: Where works are required within a Classified Road, the applicant must obtain the concurrence and / or the approval of the Roads and Traffic Authority for engineering design plans, Traffic Control Plans and approvals under Section 138 of the Roads Act 1993.
General
25. Integral Energy Requirements
The provision of electricity to service the development in accordance with the requirements of Integral Energy. The Applicant prior to release of a Construction Certificate will be required to submit to Council documentary evidence from Integral Energy qualifying that the requirements of Integral energy have been obtained. The requirements of the supply authority will need to be met prior to occupation of the development or the application for a Subdivision Certificate.
26. Telecommunications Provider / Gas Provider – Where Applicable
The Applicant is to contact the Telecommunications Provider / Gas Provider to ascertain the requirements of the organisations for the development.
27. Works as Executed Plans
Following the completion of the work, one full set of work-as-executed drawings shall be submitted to and retained by Council. Sufficient details including locations and levels of the below ground infrastructure are required in order to enable a complete check of the work as executed as compared to the original approved design. Any deviation from the approved engineering plans shall be shown on the work-as- executed drawings. Each sheet of the drawings shall carry the certification of the developers supervising engineer.
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MONETARY CONTRIBUTIONS AND DEVELOPER CHARGES
28. Section 94 Contributions
Under Section 94 of the Environmental Planning and Assessment Act 1979 (as amended), Council has satisfactorily determined that Development Contributions are applicable to this development consent, as the development is likely to require the provision of or increase the demand for public amenities and public services within the Wingecarribee Local Government Area.
The following Wingecarribee Shire Council Section 94 Developer Contributions Plans are applicable to the Development:
• Roads & Traffic Management Facilities • Resource Recovery Centre 2009 • Central Library Facility • Administration Resources • Open Space & Recreation Facilities
A Developer Charges – Notice of Payment is attached to the back of this consent, and outlines monetary contributions and unit rates applicable at the time of issue of this consent. The contributions listed in the Notice of Payment must be paid prior to the release of Subdivision Certificate.
All contributions are indexed quarterly in accordance with upward movements in the Consumer Price Index (All Groups, Sydney) as published by the Australian Bureau of Statistics ( www.abs.gov.au ); Section 25I of the Environmental Planning and Assessment Regulation 2000 ; and Council’s Developer Contributions Plans.
Copies of the Contributions Plans are available at Wingecarribee Shire Council’s Administration building Moss Vale or are available for download from Council’s website www.wsc.nsw.gov.au .
NOTE: Payment of the contributions is to be by BANK CHEQUE OR CASH and is to be accompanied by the attached sheet entitled "Notice of Payment – Developer Charges & Section 94". Should the Applicant pay by personal or company cheque the plans subject to this approval will not be available for collection until such time as the cheque has been honoured (ie, a minimum of 10 days).
GOVERNMENT AGENCIES
29. Sydney Catchment Authority
The following are the requirements of the Sydney Catchment Authority with regard to Drinking Water Catchments Regional Environmental Plan No 1:
General
(i) The lot layout and staging is to be as shown on the proposed Plan of Subdivision prepared by CPC Land Development Consultants Pty Ltd (Plan
Page 48 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
No. 15523-C-091120/IM; Edition C; dated 20 November 2009). Any revised lot layout or staging is to be agreed to by the Sydney Catchment Authority;
Reason for Condition (i) - The Sydney Catchment Authority has based its assessment under the Drinking Water Catchments Regional Environmental Plan No 1 on this version of the subdivision;
Wastewater Management
(ii) There is to be a public positive covenant under Section 88E of the Conveyancing Act 1919, the prescribed authority being the Sydney Catchment Authority, placed over both lots requiring that all wastewater generated on the lot is to be treated to secondary standard as a minimum;
Reason for Condition (ii) - To ensure that an appropriate wastewater management and effluent disposal system can be sited on each lot given the soil constraints so as to have a sustainable neutral or beneficial effect on water quality over the longer term;
Access Ways to Dwelling Sites
(iii) Access ways to dwelling sites are to be constructed with compacted roadbase (aggregate) and are to be located so as to minimise cut and fill and minimise length and are also to incorporate the following requirements as specified below:
• the access driveways are to have vegetated swales on both sides of their entire length with appropriately spaced level spreaders, sills or mitre drains that divert water onto a stable surface capable of accepting concentrated water flow and provide for efficient sediment trapping and energy dissipation; • where outlets of swales discharge into drainage depressions or watercourses they must be stabilised by an energy dissipater; • all swales, batters and verges associated with the access ways to the lots are to be vegetated and stabilised with bitumen and jute matting or similar as soon as possible after construction; • in the steeper areas where the slope is in excess of 10%, the swales need to be armoured with coarse gravel, cobbles or rock underlain by geotextile fabric; Reason for Condition 3 - To ensure the access ways to dwelling sites and associated drainage works and water quality control measures are appropriately designed and managed to ensure an overall and sustainable neutral or beneficial impact on water quality over the longer term;
Protection of Catchment Scheme Works
(iv) There is to be a public positive covenant under Section 88E of the Conveyancing Act 1919 for proposed Lots 1 and 2 in relation to the existing Catchment Protection Scheme works for the rehabilitation of Kellys Creek,
Page 49 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
the prescribed authority being the Sydney Catchment Authority, requiring that:
• the fenced off areas are to be permanently retained and maintained; • the vegetation in these fenced-off rehabilitation areas is to be retained and weeds kept under control; • livestock are to be prevented from grazing in the fenced-off rehabilitation areas or having direct access to the creek at all times, although water for livestock may be provided by pumps, pipes and troughs subject to any requirements under the Water Management Act 2000 by the Office of Water;
Reason for Condition (iv) – To ensure that the water quality impacts of the proposed development are minimised and to ensure that appropriate measures are taken to offset the water quality impact of the increased intensity of the proposed development so as to have a sustainable neutral or beneficial effect on water quality over the longer term;
Rainwater Tanks
(v) There is to be a public positive covenant under Section 88E of the Conveyancing Act 1919, the prescribed authority being the Sydney Catchment Authority, placed over each proposed lot requiring that each future dwelling is to have a rainwater tank or tanks with a minimum total capacity of 90,000 litres;
Reason for Condition (v) - To ensure stormwater runoff from the future dwellings is appropriately designed and managed to ensure an overall and sustainable neutral or beneficial impact on water quality over the longer term;
Page 50 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
o-EP5 Proposed Modification of Consent under S96(1a) for Fitout of Shop, “The Intersection”, Station Street, Bowral.
REF: MDBS LUA09/0464
This report deals with an application under S96(1a) of the EP and A Act 1979 for the modification of conditions of consent relating to deliveries for the previously approved fitout of the vacant shop area at “The Intersection”.
REPORT
BACKGROUND AND PROPOSAL
On 24 May 2006 development consent was issued for The Intersection on both corners of Station and Bowral Streets.
Stage 1 of that development, on the south eastern corner was completed some time ago and is now mostly occupied, by Harris Farms Markets, Wishbone takeaway food premises, Caffe Rosso and Bowral Pets and Aquarium.
An area of about 400m 2 fronting both Bowral and Station Streets remains vacant. The initial approval by Council provided for the creation of four (4) shops with floor areas ranging from about 80m 2 to about 120m 2.
Council has since approved the consolidation of this vacant area into a single premise and a fit out for the sale of a range of food based grocery items as an IGA store. Attachment 1 is a copy of the previous Council Report.
The current S96(1a) application seeks modifications to the following conditions of consent:
30. Operation of Loading Dock
All vehicular loading and unloading must be carried out via the existing loading dock adjacent to Harris Farm Markets to provide for safe off-street loading and unloading of vehicles servicing the site and prevent interference with the use of the public road by vehicles and pedestrians.
No on-street loading by forklifts or pallet deliveries shall occur within the on-street loading zone area adjoining northern ‘site B’ in accordance with the management plan.
31. Shop Deliveries
All deliveries to the shop must be to the main loading / unloading dock which serves the whole of The Intersection.
32. Frequency of Deliveries
All deliveries to the shop must be by medium rigid vehicle at a frequency of no more than 2 times a week.
Page 51 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
The applicant seeks consent to deliver goods using a 14.5 metre articulated truck and to unload goods within the car park adjacent the shop outside hours of operation.
The applicant states that currently a 14.5 metre articulated truck passes right out side the centre every morning on Station Street on its way with deliveries to the IGA supermarket in Moss Vale. It is proposed to receive deliveries from this truck twice weekly.
The applicant states that the use of a medium rigid vehicle as conditioned is extremely expensive and difficult to manage out of the Sydney warehouse.
The use of medium rigid vehicles will also require more than 2 deliveries per week. It is also stated that delivering goods adjacent to the shop rather than at the designated loading dock will be less effected by inclement weather.
DISCUSSION OF ISSUES
During the course of the assessment for the IGA fitout the applicant demonstrated that the proposed use would not be a typical supermarket because it would be low scale and low turn over etc. It was confirmed that there would be a maximum of 2 deliveries per week by means of a medium rigid vehicle. The use of a 14.5 metre articulated truck, however, could see the development fall into the category of a “large shop” as described in the report that was considered by Council on 26 August 2009. This would result in the development being substantially different to that which was previously approved particularly with regard to the car parking needs.
Also condition 3 (above) is identical to the condition placed on the original consent for “The Intersection”.
“The Intersection’s” loading dock was intended for use by all of the premises at the centre and to accommodate Medium Rigid Vehicles up to 8.8 metres in length.
However, its construction has proven to be deficient – its height is 500mm below what is required by the Australian Standard and, as a consequence, it is unable to accommodate some of the higher (eg Pantech type) Medium Rigid Vehicles.
The result has been that some unloading has taken place from the access driveway to/from Station Street, which is unacceptable because this is the second general access to the development.
This issue was raised with the owner and he subsequently lodged a separate s96 application which proposed to close off this driveway by means of gates at certain times during the day to enable unloading to occur without conflicting with customer/visitor traffic.
However, this was considered to be unacceptable because of the likely traffic impacts.
It would force all vehicular traffic to use the Bowral Street driveway and predominantly into the Bowral Street/Station Street intersection. Council will be aware that this intersection currently restricts right turn movements from Bowral Street into Station Street. There would also be little warning to vehicles attempting to use the second driveway, to both enter from Station Street or to leave from the carpark, that it is closed. The provision of manoeuvring area in the latter case would most likely lead to the loss of a carparking space.
Page 52 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
This s96 application was refused on these grounds, and the options, at this time, to comply with the requirements of the development consent would seem to be limited to:
• increasing the height of the loading dock; • the use of “lower” trucks”; or • unloading outside the hours of operation of any of the premises at “The Intersection”.
SUMMARY
The “out of hours” unloading option is considered to be reasonable as it would eliminate any potential conflict between service and visitor traffic, and entry/egress from “The Intersection” by service vehicles onto Station or Bowral Streets would be at a time of low traffic volumes.
The use of larger service vehicles (eg a 14.5 metre truck) does present a more environmentally sustainable solution by reducing the number of trucks on the road and the total fuel consumption, and it is considered that the site is physically suitable for the use of a 14.5 metre articulated vehicle provided that its use is strictly outside hours of operation thus avoiding any conflict with customer traffic.
Council will recall that the original consideration of the IGA proposal (see Attachment 1 which includes definitions of small, medium and large shop) was instrumental in a review of the carparking requirements for shops and to distinguish them from a “supermarket”.
The IGA proposal was initially presented as a low volume, low turnover premises which would require only 2 deliveries per week using an 8.8 metre medium rigid vehicle to service it. By the definitions adopted by Council, this would be a “medium shop”. However, the proposed modification suggests that the intended use is not in keeping with the approved “medium shop” development.
Having regard to the proposed modification, the IGA premises would be defined as a “large shop” because:
• It would be serviced by an articulated vehicle (albeit sharing the load with premises elsewhere); or • The frequency of deliveries would be more than 2 times per week.
As a “large shop” with a floor area of 337m 2, a shortfall of 5 carparking spaces arises.
It is therefore recommended that the s96 application be refused, and the applicant be advised that the following options are available:
1. Proceed with the development as approved by Council and strictly in accordance with the conditions that have been imposed; or
2. Lodge a new development application for a “large shop” and demonstrate that provision can be made for additional car parking based upon the higher generation rate for a “large shop”.
Page 53 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
ATTACHMENTS
There is one (1) attachment to this report:
Attachment 1 Previous Council Report
RECOMMENDATION
THAT the application under section 96(1a) of the Environment Planning and Assessment Act, for modifications to the delivery/unloading requirements of development consent LUA09/0464 for the fitout of the IGA shop at “The Intersection”, Station Street, Bowral be refused for the following reasons:
(i) As a consequence of the proposed deliveries by a 14.5 metre articulated vehicle, or the alternative of deliveries by medium rigid vehicle more than two (2) times per week, the modification would result in a “large shop” as defined in Development Control Plan No 12 and not a “medium shop” as approved by Council.
(ii) The change to a “large shop” would result in a shortfall of five (5) carparking spaces and it has not been demonstrated how this shortfall will be addressed.
(iii) The proposed “large shop” is not substantially the same development as the “medium shop” approved by Council, and therefore a modification pursuant to s96 of the Environmental Planning and Assessment Act, 1979 is inappropriate.
(Voting on the Motion)
Page 54 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 55 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 56 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 57 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 58 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 59 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 60 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Page 61 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Environmental Sustainability o-EP6 Draft Northern Villages DCP for Exhibition
REF: SPM 5700/73
The purpose of this report is to present to Council a Draft Development Control Plan for the Northern Villages and recommend that it be placed on Public Exhibition for comment
REPORT
BACKGROUND
Under the provisions of the Environmental Planning and Assessment Act 1979, only one development control plan made by the same relevant planning authority may apply with respect to the same land. In other words ALL planning controls and regulations, other than the LEP, applicable to a parcel of land must be contained in a single document. The interpretation of these provisions could mean a single DCP for the whole Shire or a suite of DCP’s applying to individual or a group of towns, villages, particular zoned land, precincts or specific issues.
At present Council has in excess of 60 separate development control plans. These current DCPs have a variety of applications including village areas (for example Exeter), control based (eg Parking controls), or land use based (eg Residential Development).
Due to the variation in the Shire’s towns and villages, it is considered desirable to have a suite of DCPs relating to either individual towns and villages or a group thereof that have similar characteristics.
DRAFT DCP FOR THE NORTHERN VILLAGES
The Draft Northern Villages DCP includes all relevant controls for development within the villages relating to both residential and business zoned land. The content and structure of the DCP is based on the DCP template as adopted by Council for the Burrawang Village DCP and Penrose – Wingello DCP. Areas outside the villages will be covered by the Rural Lands DCP, the Rural Small Holdings DCP or the Industrial Land DCP.
Summary of the Draft Northern Villages DCP:
• The Northern Villages DCP will apply to all land located within the villages of Aylmerton, Balaclava, Balmoral, Braemar, Colo Vale, Hill Top, Willow Vale and Yerrinbool that includes land zoned R2 Low Density Residential, R5 Large Lot Residential, B1 Neighbourhood Centre and B2 Local Centre (Note: There is no residential or business zoned land in Alpine). • Part A of the Plan applies to all land and includes provisions relating to statutory provisions including Landscaping, Bushfire Protection, Ecologically Sustainable Development, Flood Liability, Mine Subsidence, etc. • Part B of the plan covers controls relating to development within the Business precincts of the villages zoned B1 and B2 as above.
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• Part C of the Plan covers controls relating to development within the R2 Low Density and R5 Large Lot Residential zoned land.
MANAGEMENT PLAN ISSUES OR IMPLICATIONS
The preparation of new Development Control Plans is consistent with the Council’s Management Plan.
POLICY IMPLICATIONS
The Development Control Plan, once adopted will in association with the Wingecarribee LEP 2009 become the primary planning controls for development within the Northern Villages.
BUDGET IMPLICATIONS
The Development Control Plan has been prepared by Council’s Strategic Planning Branch. The only expenses associated with the preparation of the DCP will be in relation to the public consultation process.
ECOLOGICAL SUSTAINABLE DEVELOPMENT ISSUES
(i) Environmental Factors The controls contained with the Northern Villages DCP will ensure that the character of the villages will be retained whilst at the same time ensuring that new development embraces the principles of sustainable development and individual village character.
(ii) Social Factors The controls within the Northern villages DCP will provide continued opportunities for residential development that is in keeping with the character of the Villages.
(iii) Economic Factors Nil.
CONCLUSION
The Draft Northern Villages DCP will provide all the necessary controls for development within the northern villages with due consideration to their individual character.
Notice of the exhibition of the Northern Villages DCP will be made by notification in the Southern Highlands News and by advising applicable Business Chambers. A public information day will be arranged for the Colo Vale Community Hall during the exhibition period.
ATTACHMENTS
There is one (1) attachment to this report, which has been circulated separately.
1. Draft Northern Villages DCP.
Page 63 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
RECOMMENDATION
1. THAT the Draft Northern Villages Development Control Plan circulated as a separate attachment, be endorsed for the purpose of public exhibition.
2. THAT the required public consultation be undertaken in accordance with the Environmental Planning & Assessment Regulation 2000 commencing 24 February – 23 April 2010.
Page 64 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Environmental Sustainability o-EP7 Proposed Modification To The Renwick Voluntary Planning Agreement
REF: SPM 5612/14; 5817/9
The purpose of this report is to advise Council of a request from Landcom to make a minor modification to the Voluntary Planning Agreement for the Renwick Urban Release.
REPORT
The Voluntary Planning Agreement (VPA) for Renwick was executed on 11 September 2008. The VPA is quite lengthy and includes works agreed to by Landcom in excess of $16,000,000.00. The agreement sets out the works that would be done in kind or some works contributed to by way of a monetary contribution.
Through the Federal Government Housing Affordability Fund, Landcom were able to secure funding towards the construction of infrastructure associated with the Renwick Development. Receipt of the funding is however dependent on Landcom being able to demonstrate that it has expended/completed an equal amount by 31 July 2011.
To this end, Landcom is seeking a minor modification to the executed VPA as it relates to the works associated with Mary Street. Under the agreement between Landcom and the Federal Government, Landcom had committed to a Construction Certificate for Mary Street by 31 January 2010. However due to delays etc, this has not been achieved and could place further funding in jeopardy.
Below is an extract from the Executed VPA which shows the value of agreed works for Mary Street Upgrade and Colo Street Upgrade. As can be seen, the commitment as agreed in relation to Mary Street was that Landcom would complete Works in Kind to the value of $106,020.00 whereas works associated with Colo Street were to be either Works in Kind or Monetary Contribution. Landcom are requesting that Column 3 of the VPA in relation to the Mary Street Upgrade be modified to read “Works in Kind or Monetary Contribution” and Column 4 be modified to read “ By agreement between the Parties”.
Item No Column 1 Column 2 Column 3 Column 4 Column 5 Item Public Form of Delivery Contribution Facility Contribution Value 3 Mary Street Road and Works in Kind Prior to the release $106,020 Upgrade Drainage of the Subdivision Works Certificate for the last final Lot created in The Wood Precinct 4 Colo Street Road and Works in Kind or By agreement $214,150 Upgrade Drainage Monetary between the Parties Works Contribution
Page 65 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Landcom are offering to make a monetary contribution to the value of $106,020.00 towards the reconstruction of Mary Street. As yet no designs or costings have been done to show the potential final costs for the works.
Council’s Roads and Traffic Manager (RTM) was consulted on the request particularly as it may commit Council to undertaking works in a timeframe which is inconsistent with the current Works Program. In summary the RTM has agreed in principal to the amendment on the following conditions:
1. Landcom still complete a detailed design of the Mary Street Upgrade Works. 2. Landcom undertake a full Cost estimate of the Works. 3. Landcom nominate what works require completion to satisfy the conditions of the VPA.
Council would subsequently undertake the works as agreed to according to the above conditions by the 31 July 2011 deadline. It should be noted that the total works may cost more than the $106,020.00 and as such the works may only represent a partial completion of Mary Street until such time as Council’s contribution can be adequately budgeted for to complete the total works required.
Clause 37 of the Agreement states as follows: “No modification of the Agreement will be of any force or effect unless it is in writing and signed by the Parties to this Agreement.” As such any modification must be undertaken in the same manner as the execution of the original Agreement which was signed by the Mayor and General Manager under the Common Seal of the Council.
MANAGEMENT PLAN ISSUES OR IMPLICATIONS
There are no Management Plan issues or implications
POLICY IMPLICATIONS
The request from Landcom is within the scope of the VPA
BUDGET IMPLICATIONS
The arrangement of Landcom making a monetary contribution as opposed to doing works in kind does not alter the terms of the VPA insofar as the value of the works involved in the Mary Street upgrade.
At some point, Council may need to identify a budget vote for additional funds as a contribution towards the completion of the Mary Street upgrade if the scope of works exceeds the contribution from Landcom. However, until a detailed design is completed and costings estimated, a Council contribution cannot be ascertained.
Page 66 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
ECOLOGICAL SUSTAINABLE DEVELOPMENT ISSUES
(i) Environmental Factors Nil
(ii) Social Factors Nil
(iii) Economic Factors Nil
CONCLUSION
The request by Landcom to alter the provisions of the Executed VPA as it applies to Mary Street Upgrade is reasonable and is supported.
ATTACHMENTS
There are no attachments to this report.
RECOMMENDATION
1. THAT the provisions of the Voluntary Planning Agreement for Renwick as Executed on 11 September 2008 as it relates to the Mary Street Upgrade be modified as follows:
(a) The wording in Column 3 be replaced with “Works in Kind or Monetary Contribution”. (b) The wording in Column 4 be replaced with “By agreement between both Parties”.
2. THAT the Mayor and General Manager be given delegated authority to Execute the Modification to the Renwick VPA under the Common Seal of the Council.
3. THAT Landcom be notified of Council’s decision subject to the following conditions:
(a) Landcom still complete a detailed design of the Mary Street Upgrade Works. (b) Landcom undertake a full Cost estimate of the Works. (c) Agreement between Council and Landcom as to the works required to be completed to satisfy the conditions of the VPA.
(Voting on the Motion)
Page 67 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Lifestyle and Community o-EP8 Roads and Traffic Section 94 Development Contributions Plan
REF: SPM 5701/6
This report presents to Council a Draft Roads and Traffic Management Facilities Section 94 Plan – Version 5 as an Interim Plan, until the preparation of a new Plan for Roads and Traffic Facilities is finalised later in 2010.
REPORT
On 25 th June 2008 Council re-adopted the Roads and Traffic Management Facilities Section 94 Development Contributions Plan. This plan will expire on 30 June 2010. Council staff are currently drafting a new plan to replace the current aging plan which originally dates back to June 1993. The new plan is being prepared pursuant to the provisions of Part 5B of the Environmental Planning and Assessment Act 2008, and is expected to be finalised in the second half of 2010. This plan will contain new works for Local Precincts such as greater Mittagong, Bowral/Burradoo and Moss Vale, as well as containing Shire Wide (District) significant projects. Contribution rates will be significantly higher than the rates paid under the older existing plan, which is a reflection of increased costs in providing traffic management infrastructure for a growing population.
It is important that Council avoid a situation where the old plan has expired but the new plan has not yet been finalised. Therefore it would be prudent to again re-adopt the old plan and extend its life until the end of 2010. There is still some uncertainty surrounding the timing of the legislative changes, however, once this legislation is introduced a current Section 94 Plan cannot be readopted, although Draft Section 94 Plans that have been on exhibition prior to the introduction of the new legislation will be allowed to continue to adoption.
Contribution rates within the plan have been revised in line with CPI adjustments. These rates are low and as noted earlier, the rates in the new plan now being prepared are likely to be significantly higher.
MANAGEMENT PLAN ISSUES OR IMPLICATIONS
Adoption of the Draft Plan will ensure Council will be able to continue the collection of Section 94 Contributions for Roads and Traffic Management Facilities until such time that an entirely new Plan can be adopted under the provisions of Part 5B.
POLICY IMPLICATIONS
In accordance with Sections 26, 28 and 29 of the Environmental Planning and Assessment Regulation 2000 the Draft Plan must be placed on public exhibition in a local news paper for at least 28-days and copies made available from Council free of charge during this time.
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BUDGET IMPLICATIONS
Council’s Road and Traffic Management Facilities works program relies on contributions from Council’s Section 94 Plan. Should the current Plan render itself out of date prior to the introduction of a new Part 5B Contributions Plan, there would be some consents issued that would not make contributions for roads thus reducing potential contribution income, which supports the Roads and Traffic Facilities Budget.
ECOLOGICAL SUSTAINABLE DEVELOPMENT ISSUES
(i) Environmental Factors N/A
(ii) Social Factors N/A
(iii) Economic Factors N/A
CONCLUSION
It is recommended that Council resolve to place the Draft Roads and Traffic Facilities Section 94 Development Contributions Plan – Version 5 on public exhibition in accordance with Sections 26, 28 and 29 of the Environmental Planning and Assessment Regulation 2000, and that following exhibition a report be brought back to Council on the Draft Plan.
ATTACHMENTS
There is one (1) attachment to this report, which has been circulated separately:
1. Draft Development Contributions Plan for Roads and Traffic Management Facilities.
RECOMMENDATION
1. THAT the Draft Section 94 Development Contributions Plans for Roads and Traffic Facilities – Version 5 included at Attachment 1 as circulated separately be placed on public exhibition in accordance with Sections 26, 28 and 29 of the Environmental Planning and Assessment Regulation 2000.
2. THAT the Draft Section 94 Development Contributions Plans for Roads and Traffic Facilities – Version 5 be brought back to Council following closure of the required exhibition period.
Page 69 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Lifestyle and Community o-EP9 Compliance and Enforcement Policy
REF: DEP 104/5, 5210/6
Reporting on proposed adoption of the Environment and Planning Compliance and Enforcement Policy.
REPORT
Council considered a brief report on the subject policy on the 14 October 2009 where it was resolved:
1. THAT the Environment and Planning Compliance and Enforcement Policy be endorsed by Council.
2. THAT the Environment and Planning Compliance and Enforcement Policy be placed on public exhibition for a period of twenty eight (28) days.
3. THAT a further report be submitted to Council for consideration at the expiration of the public exhibition period.
The policy has now been exhibited throughout December including advertising in the local newspaper. No submissions were received throughout the exhibition period.
MANAGEMENT PLAN ISSUES OR IMPLICATIONS
The Policy sets out the procedures for Council staff to follow in different enforcement scenarios. The flow charts are guidelines on how staff will handle various matters relating to this aspect of Council operations.
POLICY IMPLICATIONS
The Policy will provide guidance to staff in dealing with such issues, as well as informing the community about the processes available to resolve them.
Many decisions will be made under delegation, with only the more serious offences being reported to Council.
BUDGET IMPLICATIONS
The Policy allows staff to act independently in the issue of Penalty Infringement Notices and also in initiating action in the Courts for minor offences.
Proposed court actions that have significant financial implications, for example, court Injunctions, would be reported to Council.
Page 70 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
ECOLOGICAL SUSTAINABLE DEVELOPMENT ISSUES
(i) Environmental Factors Provides guidance to staff on the day to day processes to follow for development and environmental compliance issues.
(ii) Social Factors The seriousness of the offence and various mitigating or amenity factors are listed for consideration when staff exercise their delegations for enforcement. The policy allows for consideration of various social issues when deciding upon future actions.
(iii) Economic Factors There are no significant economic factors affecting the adoption of the Policy.
CONCLUSION
The policy has been exhibited with no submissions received. The adoption of the policy will provide a guideline for staff to exercise their functions in this contentious area of Councils operations consistently and effectively.
ATTACHMENTS
There is one (1) attachment to this report, which has been circulated separately:
1. Compliance and Enforcement Policy.
RECOMMENDATION
THAT Council adopts the Compliance and Enforcement Policy.
Page 71 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
Lifestyle and Community o-EP10 New Legal Issues Report
REF: DEP 107/22
Reporting on legal issues arising in the past two months.
REPORT
1. New Legal Cases received
No new legal appeals have been received.
2. Other matters
(a) Attachment 1 details the latest compliance register issues relating to Development and Building Services.
(b) Attachment 2 details the latest court cases relating to Environment and Health Rangers.
MANAGEMENT PLAN ISSUES OR IMPLICATIONS
Nil
POLICY IMPLICATIONS
Compliance actions being progressed to show consistency in enforcement of development consent conditions.
BUDGET IMPLICATIONS
Dependant upon the response of landowners, legal action may soon need to be initiated on various items in Attachment 1 .
ECOLOGICAL SUSTAINABLE DEVELOPMENT ISSUES
(i) Environmental Factors Nil
(ii) Social Factors Nil
(iii) Economic Factors Nil
Page 72 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
ATTACHMENTS
There are two attachments to this report,
1. Compliance Register 2. Latest court cases relating to Environment and Health Rangers.
RECOMMENDATION
THAT the information be received and noted.
Scott Lee Director Environment & Planning
5 February 2010
Page 73 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
ATTACHMENT 1 Compliance Register – Development and Building Services (February 2010) Updates are provided in italics
No. Details Complaint Current Actions Address Future intended actions 1 Unauthorised works Order served 4 th November 2009 allowing ninety days Bong Bong Street Matter now finalised and in approved carpark for full compliance. Bowral circular provided to area Councillors – remove from list 2 Unauthorised Development application has been lodged LUA09/0053. Main Steet Await outcome of NOI and Demolition of Letter sent 9 th October 2009 indicating plans are Mittagong assess for full service of Balcony required for full reinstatement of balcony. Owner has Orders. written back to Council and indicated they intend to proceed with option 6 of their letter of the 29 th June 2009 being “Cut back the entire verandah to the reduced width and reconstruct the verandah balustrade and roof to a narrower form”. Notice of Intention to serve an Order has been issued 21/1/10 for full reinstatement of balcony. 4 Removal of EEC The matter has been investigated by Council and has Greasons Road Await outcome of also been referred to DECC. Still awaiting advice from Bundanoon investigations by DECC DECC on plan finalisation. 5 Complaints Council staff inspected the sites in early 2009 and Wombeyan Caves Traffic counters have been concerning water interviewed the operators of the sites. Complaints relate Road placed on Wombeyan Caves extraction to water extraction and associated impacts upon Road and one operator has groundwater and buildings and truck movements and sent in extracts of truck times. movements register for Council to review.
Page 74 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
6 Compliance with Non compliance with conditions relating to carparking Station Street Letter sent by Councils conditions of consent and roadwork Bowral solicitor 27/1/10 requiring compliance with outstanding conditions of development consent. 7 Compliance with Non compliance with conditions relating to relocation of Station Street Letter sent by Councils conditions of consent infrastructure and roadworks Bowral solicitor 27/1/10 requiring compliance with outstanding conditions of development consent.
Ongoing Items
No. Details Complaint Current Actions Address Future intended actions 1 Unauthorised building • Inspection by Council staff on 5 th May 2009. Structure Joadja Road , Follow up Order in six months incorporating a is being dismantled – no one living on site. Order Joadja shipping container served giving six months for complete removal . 2 First complaint • Owner has indicated on the 5 th May 2009 the Osborne Road Await decision of owner as to unauthorised erection movable building is being removed in coming ten Burradoo how she wishes to comply with of Yurt days. orders. Second complaint • Owner now advised the persons who purchased the about mobile home/ building have been refused access over the adjoining Conversion of shed property to remove it. She has requested a letter to into living area outline what would need to happen for it to be Continuing complaints retained. Inspection conducted 19 th May – building about usage of unoccupied. Owner provided with LUA form and building guide to lodging application – further advised to consider all options including dismantling of building .
Page 75 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
No. Details Complaint Current Actions Address Future intended actions 3 Use of motor bikes • Activities have ceased. Owners have contracted Tugalong Road Await submission of DA. without consent consultants to prepare a DA. Inspection of site on 9 th Canyonleigh November 2009 to ensure commercial activities have ceased and no unauthorised works are underway. Some access track maintenance and cleaning up around property occurring, no works on proposed motorbike tracks. 4 Quarrying on site for Report received from consultant and site inspection Inverary Road, Remove from register when landfill conducted on the 18 th March 2009 of quarried area. Sutton Forrest DA is finalised. Letter sent by Council requiring resolution of matter and amendments to rehabilitation plan. Rehabilitation Plan submitted in April 2009 and being considered . OK given to rehabilitation. DA now submitted and being assessed . Further advice from consultant currently being provided 5 Unauthorised filling • Site inspection undertaken 2/7/08 with Rid squad. Old South Road RID squad have had little and tree removal DECC also informed of issues. Actions being taken by Mittagong success in tracking down RID squad to remediate site. culprits of dumping activity. • Investigations from RID squad continuing. Owner of site is not intended to be object of further action. 6 Removal of EEC • DECC provided copies of reports on clearing and Illawarra Highway, Continue to work with owners have provided some suggested alternatives. Burrawang and DECC and SCA to finalise • Order for rehabilitation served 8 th April 2009. Further plans ASAP discussions with owner, she is arranging for consultants to assess revegetation works. • Ongoing discussions occurring in attempts to get plans finalized so that work may commence.
Page 76 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
No. Details Complaint Current Actions Address Future intended actions 7 Property in unsafe Letter sent with no response Bong Bong Road Reinspect to confirm and then (Fire safety and Letter sent indicating Council would seek to have Mittagong remove from register. unhealthy) condition - premises vacated. 25/11/09 Owner contacted and 7 Units indicated smoke detectors are installed or being installed to all units by licensed electrician. Site will soon be the subject of a DA for a subdivision and buildings will be demolished. 8 Property being used • Inspection 31/01/08, No further improvement on site Raglan Street Hill The use will be prohibited as junk yard – site has deteriorated. Due to length of time New Top under the new LEP. As there NOI served on owners 11 th February 2008. The are no current complaints await property is considered to meet the definition of a new LEP and the usage will be junkyard under EPA Act and is currently a usage that considered a prohibited usage. can be considered for consent under current LEP for Serve Orders at this point in 2 (c) zoning. The property is not subject to any time requiring removal of current complaints. surplus materials from the site. • Owner rang and indicated he intends to start construction on an approved garage soon to house some of the materials. Other items will be removed and/or recycled. No written response provided at this point in time. 9 Property next door Letter sent 12 th February 2009 requiring removal of Wombeyan Caves Reinspection conducted and carrying out what containers Road High Range containers appear to have seems to be Further customer request lodged. Reinspect to been relocated. Remove commercial storage determine if compliance has occurred. from compliance register. business. Lots of noise from loading and unloading shipping containers at night.
Page 77 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR ENVIRONMENT & PLANNING
ATTACHMENT 2 Latest Court Cases Relating to Environment and Health Rangers
Date of Offence Court Elect Penalty Mention Date Adjournment Hearing Date Recommendation offence Public/Council Amount Date $ 16/04/09 Not stand vehicle in Public 81 15/02/10 Withdrawn with caution, marked parking due to inability to locate space witness 23/12/09 Dog Attack / Council 15/02/2010 Application for Costs. Dangerous Dog Revoke Court Application 9/12/09 Dog Attack / Public 15/02/2010 Dangerous Dog Dangerous Dog Declaration to Stand Revoke Court Application
Page 78 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR CORPORATE SERVICES
CORPORATE SERVICES DIVISION
Governance & Management o-CS1 Property Valuations
REF: FSM 2201
Submitting a report for information on the re-valuing of land within the Wingecarribee Shire by the NSW Valuer General.
REPORT
Properties in Wingecarribee Shire have recently been re-valued by the NSW Valuer Generals Department and local residents will soon be receiving their notices in the mail, with many localities particularly in residential areas showing a decrease in the value of their land since the last revaluation in 2006. Revaluations are normally undertaken every three to four years with the valuations reflecting market conditions at the time of valuation.
It is highlighted that the valuations provided by the NSW Valuer General are used by Council to calculate rates levied across the Shire under the various rating categories as set out in Council’s Revenue Policy contained in the 2010/13 Management Plan.
Whilst there has been an overall increase in the total land value for the Shire, the valuations for many localities has decreased as a result of market conditions, particularly residential localities, this does not mean however that affected land owners rates will go down, the general revaluation will however alter the relativities of rates paid between localities within a rating category. It is also highlighted that the total general rate income received by Council will not be altered either positively or negatively by the general revaluation as Council’s total rate revenue is controlled by the rate pegging provisions contained in Section 506 of the Local Government Act 1993.
Valuations within the Residential category decreased across the Shire by an average factor of - 4.71%, with variations ranging from an increase of 3.55% at Mittagong to a decrease of - 17.0% at Robertson. The Business category had an average increase of 17.31%, with variations ranging between -7.35% at Moss vale to an increase of 28.58% at Bowral. Non Urban areas had an average increase of 2.02%, with variations ranging from an increase of 14.71% at Exeter to a decrease of -21.58% at Balaclava.
Property owners across the Shire will receive a formal “Notice of Valuation” from the NSW Valuer General advising them of their properties assessed land value and further information regarding the assessment process and the process for lodging an application for review is available on the Department of Lands website at ww.lpma.nsw.gov.au/valuation or by telephone on 1800 110 038.
It is noted that a short article will appear in a future addition of the Wingecarribee Today newsletter highlighting this matter for the communities information.
A copy of the changes by zone type has been included as Attachment 1 for Council’s information.
Page 79 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR CORPORATE SERVICES
BUDGET IMPLICATIONS
There are no budget implications arising from this information.
ATTACHMENTS
There is one attachment to this report being the Valuations by Category and Suburb.
RECOMMENDATION
THAT the information be noted.
Page 80 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR CORPORATE SERVICES
ATTACHMENT 1 WINGECARRIBEE LGA No. of Total 2009 Land Total 2006 Land Suburb Name Zone Code Properties Value Value Variation by $ Variation by % BALACLAVA A 15 $3,940,000.00 $4,378,000.00 -$438,000.00 -10.00% BALMORAL A 3 $953,000.00 $1,008,000.00 -$55,000.00 -5.46% BALMORAL VILLAGE A 1 $415,000.00 $439,000.00 -$24,000.00 -5.47% BERRIMA A 103 $29,129,740.00 $32,251,770.00 -$3,122,030.00 -9.68% BOWRAL A 3616 $938,549,870.00 $1,076,508,070.00 -$137,958,200.00 -12.82% BRAEMAR A 17 $3,909,000.00 $4,342,000.00 -$433,000.00 -9.97% BUNDANOON A 1240 $264,567,680.00 $303,922,040.00 -$39,354,360.00 -12.95% BURRADOO A 1043 $579,709,680.00 $507,018,090.00 $72,691,590.00 14.34% COLO VALE A 53 $14,075,000.00 $14,893,000.00 -$818,000.00 -5.49% EAST BOWRAL A 45 $9,453,000.00 $11,317,000.00 -$1,864,000.00 -16.47% EXETER A 216 $63,683,200.00 $71,970,000.00 -$8,286,800.00 -11.51% HILL TOP A 102 $18,215,210.00 $18,430,480.00 -$215,270.00 -1.17% MITTAGONG A 2063 $598,286,540.00 $577,802,390.00 $20,484,150.00 3.55% MOSS VALE A 2871 $566,761,410.00 $605,262,660.00 -$38,501,250.00 -6.36% PENROSE A 1 $393,000.00 $440,000.00 -$47,000.00 -10.68% ROBERTSON A 560 $86,150,590.00 $103,799,230.00 -$17,648,640.00 -17.00% WELBY A 334 $57,759,300.00 $60,789,900.00 -$3,030,600.00 -4.99% WINGELLO A 63 $11,055,000.00 $12,416,000.00 -$1,361,000.00 -10.96% YERRINBOOL A 29 $4,778,000.00 $5,590,000.00 -$812,000.00 -14.53% A Total 12375 $3,251,784,220.00 $3,412,577,630.00 -$160,793,410.00 -4.71% BERRIMA B 34 $16,666,400.00 $16,564,400.00 $102,000.00 0.62% BOWRAL B 194 $223,794,300.00 $174,054,500.00 $49,739,800.00 28.58% BUNDANOON B 36 $10,489,200.00 $9,521,900.00 $967,300.00 10.16% MITTAGONG B 100 $64,981,900.00 $57,074,960.00 $7,906,940.00 13.85% MOSS VALE B 150 $52,376,430.00 $56,533,080.00 -$4,156,650.00 -7.35% ROBERTSON B 57 $14,940,700.00 $12,976,700.00 $1,964,000.00 15.13% WELBY B 6 $1,600,000.00 $1,347,000.00 $253,000.00 18.78% B Total 577 $384,848,930.00 $328,072,540.00 $56,776,390.00 17.31% BALACLAVA I 3 $1,029,000.00 $1,029,000.00 $0.00 0.00% BERRIMA I 1 $145,000.00 $145,000.00 $0.00 0.00% BOWRAL I 84 $36,732,000.00 $37,057,000.00 -$325,000.00 -0.88% BRAEMAR I 39 $34,948,600.00 $33,387,800.00 $1,560,800.00 4.67% COLO VALE I 1 $326,000.00 $310,000.00 $16,000.00 5.16% MITTAGONG I 93 $46,656,000.00 $44,529,000.00 $2,127,000.00 4.78% MOSS VALE I 90 $46,330,940.00 $42,809,840.00 $3,521,100.00 8.22% NEW BERRIMA I 11 $2,648,000.00 $2,648,000.00 $0.00 0.00% I Total 322 $168,815,540.00 $161,915,640.00 $6,899,900.00 4.26% FITZROY FALLS N 1 $58,900.00 $58,900.00 $0.00 0.00% N Total 1 $58,900.00 $58,900.00 $0.00 0.00%
Page 81 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR CORPORATE SERVICES
WINGECARRIBEE LGA No. of Total 2009 Land Total 2006 Land Suburb Name Zone Code Properties Value Value Variation by $ Variation by % BALMORAL O 2 $368,900.00 $379,100.00 -$10,200.00 -2.69% BERRIMA O 17 $5,670,970.00 $5,717,790.00 -$46,820.00 -0.82% BOWRAL O 98 $27,512,170.00 $32,957,470.00 -$5,445,300.00 -16.52% BUNDANOON O 11 $1,551,400.00 $1,731,800.00 -$180,400.00 -10.42% BURRADOO O 18 $2,835,240.00 $3,431,040.00 -$595,800.00 -17.36% COLO VALE O 1 $434,000.00 $446,000.00 -$12,000.00 -2.69% HILL TOP O 12 $980,130.00 $1,007,190.00 -$27,060.00 -2.69% MEDWAY O 1 $1,240,000.00 $1,260,000.00 -$20,000.00 -1.59% MITTAGONG O 31 $14,775,690.00 $13,707,830.00 $1,067,860.00 7.79% MOSS VALE O 65 $14,073,640.00 $14,656,110.00 -$582,470.00 -3.97% PADDYS RIVER O 1 $2,630.00 $2,700.00 -$70.00 -2.59% PENROSE O 1 $51,300.00 $53,000.00 -$1,700.00 -3.21% ROBERTSON O 11 $2,006,300.00 $2,109,780.00 -$103,480.00 -4.90% WELBY O 4 $1,020,400.00 $925,800.00 $94,600.00 10.22% WINGELLO O 1 $600,000.00 $625,000.00 -$25,000.00 -4.00% YERRINBOOL O 1 $316,000.00 $324,000.00 -$8,000.00 -2.47% O Total 275 $73,438,770.00 $79,334,610.00 -$5,895,840.00 -7.43% AVOCA P 91 $87,676,000.00 $75,513,000.00 $12,163,000.00 16.11% BERRIMA P 55 $34,342,250.00 $32,515,150.00 $1,827,100.00 5.62% BOWRAL P 48 $87,075,100.00 $77,234,500.00 $9,840,600.00 12.74% BRAEMAR P 2 $736,000.00 $696,000.00 $40,000.00 5.75% BUNDANOON P 14 $13,613,000.00 $11,596,000.00 $2,017,000.00 17.39% BURRADOO P 40 $50,415,200.00 $44,900,000.00 $5,515,200.00 12.28% BURRAWANG P 55 $43,779,000.00 $38,122,000.00 $5,657,000.00 14.84% CANYONLEIGH P 1 $28,000.00 $26,000.00 $2,000.00 7.69% EAST BOWRAL P 9 $26,190,000.00 $22,585,000.00 $3,605,000.00 15.96% EAST KANGALOON P 1 $1,370,000.00 $1,130,000.00 $240,000.00 21.24% EXETER P 130 $119,833,680.00 $105,661,450.00 $14,172,230.00 13.41% FITZROY FALLS P 62 $45,266,900.00 $37,978,300.00 $7,288,600.00 19.19% GLENQUARRY P 69 $104,937,690.00 $89,644,590.00 $15,293,100.00 17.06% HIGH RANGE P 1 $597,000.00 $552,000.00 $45,000.00 8.15% JOADJA P 12 $4,100,000.00 $4,100,000.00 $0.00 0.00% KANGALOON P 29 $39,820,000.00 $34,037,000.00 $5,783,000.00 16.99% KANGAROO VALLEY P 2 $1,316,000.00 $1,084,000.00 $232,000.00 21.40% MERYLA P 18 $10,201,000.00 $8,340,000.00 $1,861,000.00 22.31% MITTAGONG P 100 $95,186,500.00 $86,598,700.00 $8,587,800.00 9.92% MOSS VALE P 58 $72,306,300.00 $59,139,700.00 $13,166,600.00 22.26% PADDYS RIVER P 1 $3,850.00 $3,180.00 $670.00 21.07% PENROSE P 1 $2,850,000.00 $3,050,000.00 -$200,000.00 -6.56% ROBERTSON P 459 $430,287,710.00 $370,625,050.00 $59,662,660.00 16.10% SUTTON FOREST P 44 $32,002,430.00 $25,847,110.00 $6,155,320.00 23.81% WELBY P 11 $6,806,000.00 $6,311,000.00 $495,000.00 7.84% WERAI P 5 $7,088,000.00 $6,823,000.00 $265,000.00 3.88% WILDES MEADOW P 79 $69,137,500.00 $59,641,000.00 $9,496,500.00 15.92% YERRINBOOL P 1 $62,900.00 $58,200.00 $4,700.00 8.08% P Total 1398 $1,387,028,010.00 $1,203,811,930.00 $183,216,080.00 15.22%
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WINGECARRIBEE LGA No. of Total 2009 Land Total 2006 Land Suburb Name Zone Code Properties Value Value Variation by $ Variation by % ALPINE R 40 $17,972,200.00 $19,959,600.00 -$1,987,400.00 -9.96% AVOCA R 3 $14,090.00 $14,090.00 $0.00 0.00% AYLMERTON R 26 $6,761,160.00 $8,301,860.00 -$1,540,700.00 -18.56% BALACLAVA R 41 $15,433,000.00 $19,680,000.00 -$4,247,000.00 -21.58% BALMORAL R 110 $28,071,100.00 $30,748,800.00 -$2,677,700.00 -8.71% BALMORAL VILLAGE R 2 $549,000.00 $610,000.00 -$61,000.00 -10.00% BELANGLO R 25 $12,036,300.00 $12,813,300.00 -$777,000.00 -6.06% BERRIMA R 223 $133,140,200.00 $132,421,620.00 $718,580.00 0.54% BERRIMA JUNCTION R 3 $1,452,000.00 $1,746,000.00 -$294,000.00 -16.84% BOWRAL R 161 $118,200,300.00 $111,995,300.00 $6,205,000.00 5.54% BRAEMAR R 14 $5,816,860.00 $7,210,010.00 -$1,393,150.00 -19.32% BUNDANOON R 139 $83,106,410.00 $73,099,150.00 $10,007,260.00 13.69% BURRADOO R 9 $5,986,000.00 $5,958,000.00 $28,000.00 0.47% BUXTON R 38 $14,359,000.00 $15,958,000.00 -$1,599,000.00 -10.02% CANYONLEIGH R 265 $141,255,470.00 $149,911,570.00 -$8,656,100.00 -5.77% COLO VALE R 242 $99,570,090.00 $106,796,490.00 -$7,226,400.00 -6.77% EAST BOWRAL R 3 $4,956,000.00 $4,366,000.00 $590,000.00 13.51% EXETER R 136 $89,607,520.00 $78,116,340.00 $11,491,180.00 14.71% FITZROY FALLS R 10 $3,462,000.00 $3,346,000.00 $116,000.00 3.47% GLENQUARRY R 1 $1,270,000.00 $1,220,000.00 $50,000.00 4.10% HANGING ROCK R 4 $369,100.00 $369,100.00 $0.00 0.00% HIGH RANGE R 166 $109,666,180.00 $96,036,480.00 $13,629,700.00 14.19% HILL TOP R 186 $57,016,660.00 $55,693,920.00 $1,322,740.00 2.38% JOADJA R 117 $77,761,210.00 $68,579,500.00 $9,181,710.00 13.39% MEDWAY R 38 $31,975,500.00 $30,028,900.00 $1,946,600.00 6.48% MERYLA R 5 $3,232,000.00 $3,158,000.00 $74,000.00 2.34% MITTAGONG R 119 $87,196,360.00 $82,720,060.00 $4,476,300.00 5.41% MOSS VALE R 234 $220,906,430.00 $210,844,410.00 $10,062,020.00 4.77% NEW BERRIMA R 1 $747,000.00 $679,000.00 $68,000.00 10.01% PADDYS RIVER R 64 $29,202,040.00 $31,857,770.00 -$2,655,730.00 -8.34% PENROSE R 146 $49,927,600.00 $49,239,800.00 $687,800.00 1.40% ROBERTSON R 33 $22,819,620.00 $22,776,220.00 $43,400.00 0.19% SUTTON FOREST R 91 $88,033,660.00 $90,504,660.00 -$2,471,000.00 -2.73% WELBY R 22 $11,970,600.00 $11,454,600.00 $516,000.00 4.50% WERAI R 63 $62,250,500.00 $56,734,500.00 $5,516,000.00 9.72% WILLOW VALE R 42 $11,216,000.00 $13,530,600.00 -$2,314,600.00 -17.11% WINGECARRIBEE R 1 $36,000.00 $36,000.00 $0.00 0.00% WINGELLO R 63 $28,796,000.00 $31,610,000.00 -$2,814,000.00 -8.90% YERRINBOOL R 124 $27,337,310.00 $29,658,390.00 -$2,321,080.00 -7.83% R Total 3010 $1,703,478,470.00 $1,669,784,040.00 $33,694,430.00 2.02%
Page 83 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR CORPORATE SERVICES
WINGECARRIBEE LGA No. of Total 2009 Land Total 2006 Land Suburb Name Zone Code Properties Value Value Variation by $ Variation by % ALPINE S 12 $6,805,000.00 $6,961,000.00 -$156,000.00 -2.24% AVOCA S 3 $2,953,000.00 $2,812,000.00 $141,000.00 5.01% AYLMERTON S 16 $7,531,700.00 $7,799,100.00 -$267,400.00 -3.43% BALACLAVA S 2 $1,266,000.00 $1,269,000.00 -$3,000.00 -0.24% BALMORAL S 2 $118,100.00 $118,100.00 $0.00 0.00% BARGO S 1 $3,640,000.00 $3,500,000.00 $140,000.00 4.00% BERRIMA S 14 $3,178,600.00 $3,419,000.00 -$240,400.00 -7.03% BOWRAL S 45 $25,870,620.00 $27,327,170.00 -$1,456,550.00 -5.33% BRAEMAR S 1 $65,500.00 $68,900.00 -$3,400.00 -4.93% BULLIO S 71 $16,585,700.00 $15,459,000.00 $1,126,700.00 7.29% BUNDANOON S 11 $2,203,040.00 $2,424,600.00 -$221,560.00 -9.14% BURRADOO S 11 $12,015,190.00 $12,425,070.00 -$409,880.00 -3.30% BURRAWANG S 1 $52,200.00 $52,200.00 $0.00 0.00% COLO VALE S 3 $565,350.00 $565,350.00 $0.00 0.00% EAST KANGALOON S 1 $1,020,000.00 $960,000.00 $60,000.00 6.25% EXETER S 2 $189,300.00 $211,100.00 -$21,800.00 -10.33% FITZROY FALLS S 38 $27,495,400.00 $26,048,400.00 $1,447,000.00 5.56% GLENQUARRY S 42 $32,279,440.00 $30,735,340.00 $1,544,100.00 5.02% HIGH RANGE S 29 $11,829,200.00 $11,829,200.00 $0.00 0.00% HILL TOP S 2 $171,000.00 $171,000.00 $0.00 0.00% KANGALOON S 198 $198,206,390.00 $189,020,640.00 $9,185,750.00 4.86% KANGAROO VALLEY S 1 $102,000.00 $102,000.00 $0.00 0.00% MERYLA S 22 $21,896,400.00 $20,728,200.00 $1,168,200.00 5.64% MITTAGONG S 144 $103,638,010.00 $102,784,010.00 $854,000.00 0.83% MOSS VALE S 101 $52,472,970.00 $50,807,850.00 $1,665,120.00 3.28% MOUNT MURRAY S 1 $610,000.00 $610,000.00 $0.00 0.00% NOWRA HILL S 1 $1,870,000.00 $1,770,000.00 $100,000.00 5.65% ROBERTSON S 50 $28,475,970.00 $27,714,970.00 $761,000.00 2.75% SUTTON FOREST S 1 $3,180.00 $3,180.00 $0.00 0.00% WELBY S 9 $2,547,900.00 $2,513,200.00 $34,700.00 1.38% WILDES MEADOW S 6 $1,287,360.00 $1,218,960.00 $68,400.00 5.61% WINGECARRIBEE S 3 $2,045,120.00 $384,370.00 $1,660,750.00 432.07% WOMBEYAN CAVES S 53 $5,334,400.00 $4,662,600.00 $671,800.00 14.41% YERRINBOOL S 25 $11,368,000.00 $11,409,000.00 -$41,000.00 -0.36% S Total 922 $585,692,040.00 $567,884,510.00 $17,807,530.00 3.14% HILL TOP W 4 $255,000.00 $255,000.00 $0.00 0.00% W Total 4 $255,000.00 $255,000.00 $0.00 0.00% BOWRAL X 4 $981,950.00 $981,950.00 $0.00 0.00% FITZROY FALLS X 1 $85,000.00 $85,000.00 $0.00 0.00% HILL TOP X 1 $37,000.00 $37,000.00 $0.00 0.00% MITTAGONG X 3 $38,000.00 $38,000.00 $0.00 0.00% SUTTON FOREST X 1 $156,000.00 $156,000.00 $0.00 0.00% YERRINBOOL X 1 $25,000.00 $25,000.00 $0.00 0.00% X Total 11 $1,322,950.00 $1,322,950.00 $0.00 0.00%
Page 84 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR CORPORATE SERVICES
No. of Total 2009 Land Total 2006 Land Suburb Name Zone Code Properties Value Value Variation by $ Variation by % AYLMERTON Z 62 $10,034,220.00 $10,556,070.00 -$521,850.00 -4.94% BALACLAVA Z 113 $21,303,000.00 $21,543,000.00 -$240,000.00 -1.11% BALMORAL Z 52 $6,604,000.00 $7,000,000.00 -$396,000.00 -5.66% BERRIMA Z 2 $184,000.00 $250,000.00 -$66,000.00 -26.40% BRAEMAR Z 87 $14,443,100.00 $14,596,300.00 -$153,200.00 -1.05% BURRAWANG Z 133 $46,952,900.00 $48,980,000.00 -$2,027,100.00 -4.14% COLO VALE Z 313 $58,608,200.00 $52,834,300.00 $5,773,900.00 10.93% FITZROY FALLS Z 33 $11,049,200.00 $9,610,600.00 $1,438,600.00 14.97% HILL TOP Z 789 $96,909,130.00 $104,633,800.00 -$7,724,670.00 -7.38% MEDWAY Z 34 $5,378,600.00 $5,378,600.00 $0.00 0.00% MITTAGONG Z 9 $3,288,000.00 $3,324,000.00 -$36,000.00 -1.08% NEW BERRIMA Z 238 $26,925,900.00 $36,454,000.00 -$9,528,100.00 -26.14% PENROSE Z 28 $4,058,900.00 $4,162,900.00 -$104,000.00 -2.50% WILLOW VALE Z 236 $42,367,180.00 $45,198,200.00 -$2,831,020.00 -6.26% WINGELLO Z 167 $20,463,800.00 $22,290,700.00 -$1,826,900.00 -8.20% YERRINBOOL Z 332 $47,793,900.00 $52,643,300.00 -$4,849,400.00 -9.21% Z Total 2628 $416,364,030.00 $439,455,770.00 -$23,091,740.00 -5.25%
TOTALS 21,523 $ 7,973,086,860.00 $ 7,864,473,520.00 108,613,340 1.38%
Zone Types are as follows;
A RESIDENTIAL B BUSINESS I INDUSTRIAL P PROTECTION R NON URBAN S SPECIAL USES N NATIONAL PARKS O OPEN SPACE W RESERVE OPEN SPACE X RESERVED ROADS Z UNDETERMINED OR VILLAGE
Page 85 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR CORPORATE SERVICES
o-CS2 Committee Appointments and Resignations
REF: MALS 7208/1
Reporting on Management Committee Appointments and Resignations.
1. East Bowral Community Centre Management Committee File No: 7208/1 The East Bowral Community Centre Management Committee has received with regret the resignation of Mr Alan Orr and the nomination of Mr David Weatherall to the Committee.
Committee Recommendation THAT Council accepts with regret the resignation of Mr Alan Orr and the nomination of Mr David Weatherall to the East Bowral Community Centre Management Committee AND THAT Mr Orr and Mr Weatherall be notified of Council’s determination.
ATTACHMENTS
There are no attachments to this report.
RECOMMENDATION
1. THAT Council accepts with regret the resignation of Mr Alan Orr from the East Bowral Community Centre.
2. THAT the nomination of Mr David Weatherall to the East Bowral Community Centre Management Committee be adopted.
3. THAT Mr Orr and Mr Weatherall be notified of Council’s determination in one (1) and two (2) above AND THAT the East Bowral Community Centre Management Committee be notified of Council’s determination.
Barry Paull Director Corporate Services
5 February 2010
Page 86 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR INFRASTRUCTURE SERVICES
INFRASTRUCTURE SERVICES DIVISION
Governance and Accountability o-IS1 Wallaby Hill Road Gravel re Sheeting Works
REF: RTM LUA 09/0903, RD3640, 100/5, 7810/3
Council at its Ordinary Meeting of Council held on Wednesday, 27 January 2010 resolved:
MN 11/10
THAT the matter be deferred to the next Ordinary Meeting of Council to be held on Wednesday, 10 February 2010 AND THAT an Information Session for Councillors be held in relation to any issues that may arise in relation to this matter (eg, traffic counting), prior to that Meeting.
The report of Wednesday, 27 January 2010 is re-printed as attachment 1 and an Information Session is scheduled for Monday. 8 February 2010.
ATTACHMENT
Reprint of the report to Council on Wednesday 27 January 2010.
RECOMMENDATION
1. THAT the information be received and noted
2. THAT the ‘Missing Link’ of unsealed road within Belmore Falls Road between Wallaby Hill Road and the sealed section be re-prioritised against other competing projects within the Roads To Recovery Program as part of the management plant review for the upcoming financial year.
Michael Brearley Director Infrastructure Services
5 February 2010
Page 87 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR INFRASTRUCTURE SERVICES
ATTACHMENT 1
Page 88 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR INFRASTRUCTURE SERVICES
Page 89 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR INFRASTRUCTURE SERVICES
Page 90 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR INFRASTRUCTURE SERVICES
Page 91 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR INFRASTRUCTURE SERVICES
Page 92 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR INFRASTRUCTURE SERVICES
Page 93 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR INFRASTRUCTURE SERVICES
Page 94 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR INFRASTRUCTURE SERVICES
Page 95 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 REPORT OF DIRECTOR INFRASTRUCTURE SERVICES
Page 96 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 NOTICES OF MOTION
NOTICES OF MOTION c-NRM1 01/2010 – Notice of Rescission of Resolution - Development Application ‘Wallaby Hill Farm’
REF: DEP LUA2009/0903
Council at its Ordinary Meeting of Council held on Wednesday, 27 January 2010 resolved:
MN 15/10
“THAT the Notice of Motion of Rescission – Development Application ‘Wallaby Hill Farm’, Lot 4 DP 590435, Wallaby Hill Road, Robertson - be deferred to the next Ordinary Meeting of Council to be held on Wednesday, 10 February 2010.”
The Notice of Rescission of Resolution is again submitted to Council for consideration.
“We hereby give notice of our intention to move at the next meeting of Council that the motion passed at the Ordinary Meeting of Council held on Wednesday, 9 December 2009 be rescinded. (Reference MN503/09)
“THAT development application LUA2009/0903 for the use of ‘Wallaby Hill Farm’ Lot 4 DP590435, Wallaby Hill Road, Robertson, for equestrian events on four (4) occasions in a calendar year be approved subject to deferred commencement and special conditions as described in Attachment 2 to the report, which was circulated under separate cover AND THAT the special conditions requiring a 2 coat bitumen seal to Wallaby Hill Road include confirmation that such sealing is for a length of approximately 1.5kms from the intersection with Belmore Falls Road to the entry gate of ‘Wallaby Hill Farm’, up to a cost of $60,000.”
Dated 16 December 2009 Signed Clr Juliet Arkwright Clr David Stranger Clr Paul Tuddenham ”
RECOMMENDATION
SUBMITTED FOR DETERMINATION
Page 97 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 NOTICES OF MOTION
o-NM1 01/2010 – Notice of Motion – Development Application ‘Wallaby Hill Farm’
REF: DEP LUA2009/0903
Council at its Ordinary Meeting of Council held on Wednesday, 27 January 2010 resolved:
MN 16/10
“THAT the Notice of Motion - Development Application ‘Wallaby Hill Farm’ Lot 4 DP590435, Wallaby Hill Road, Robertson - be deferred to the next Ordinary Meeting of Council to be held on Wednesday, 10 February 2010.”
The Notice of Motion is again submitted to Council for consideration.
Clr Juliet Arkwright has given notice that it is her intention to move the following Notice of Motion at the Ordinary Meeting of Council on Wednesday 27 January 2010:
1. THAT Development Application LUA 2009/0903 for the use of ‘Wallaby Hill Farm’ Lot 4 DP590435, Wallaby Hill Road, Robertson for equestrian events on four (4) occasions in a calendar year be approved subject to deferred commencement and special conditions as described in Attachment 2 of the report at the meeting held on Wednesday 9 December 2009 which was circulated under separate cover.
RECOMMENDATION
SUBMITTED FOR DETERMINATION
Page 98 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 NOTICES OF MOTION
Attachment
Page 99 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 NOTICES OF MOTION
Page 100 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 NOTICES OF MOTION
c-NRM2 01/2010 – Notice of Rescission of Resolution - Planning Control, Lot A DP 162073, 180 Argyle Street Moss Vale
REF: DEP LUA2009/0903
“We hereby give notice of our intention to move at the next meeting of Council that the motion passed at the Ordinary Meeting of Council held on Wednesday, 9 December 2009 be rescinded. (Reference MN502/09)
1. THAT Council resolve to support the request by JBA Urban Planning Consultants on behalf of McDonalds Australia Ltd to amend the current and proposed planning controls over Lot A DP 162073, 180 Argyle Street, Moss Vale to permit ‘restaurants’ on the site by amending Schedule 1 of the Draft Wingecarribee Local Environmental Plan 2009.
2. THAT Council work with the applicant during the DA process to work through the layout, traffic, landscaping and signage.
3. THAT the DA be determined by Council and any report to Council include draft conditions of consent.
4. THAT Council support the amendment of Schedule 1 of the Draft Wingecarribee Local Environmental Plan 2009 covering Lot A DP 162073, 180 Argyle Street, Moss Vale to facilitate a more satisfactory development of the adjoining Lots C and D in terms of traffic access to and from the site and deem this as an appropriate site for a McDonald’s restaurant AND THAT in consideration of Schedule 1 of the Draft Wingecarribee Local Environmental Plan 2009, traffic concerns raised can be satisfactorily addressed.
Dated 28 January 2010 Signed Clr Larry Whipper Clr Jim Clark Clr Duncan Gair ”
RECOMMENDATION
SUBMITTED FOR DETERMINATION
Page 101 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 NOTICES OF MOTION
o-NM2 02/2010 – Notice of Motion – Planning Controls Lot A DP 162073, 180 Argyle Street, Moss Vale
REF: DEP LUA2009/0903
Clr Larry Whipper and Clr Jim Clark have given notice that it is their intention to move the following Notice of Motion at the Ordinary Meeting of Council on Wednesday 10 February 2010:
1. THAT Council resolve not to support the request by JBA Urban Planning Consultants on behalf of McDonalds Australia Ltd to amend the current and proposed planning controls over Lot A, DP 162073, 180 Argyle Street, Moss Vale to permit ‘restaurants’ on the site.
2. THAT the applicant be notified of Council’s decision.
3. THAT Council liaise and work with the applicant to ascertain another location/site in Moss Vale for the proposed development.
RECOMMENDATION
SUBMITTED FOR DETERMINATION
Page 102 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 NOTICES OF MOTION
o-NM3 03/2010 – Notice of Motion – Gwydir Shire Council
REF: MALS 2152
Clr Juliet Arkwright has given notice that it is her intention to move the following Notice of Motion at the Ordinary Meeting of Council on Wednesday 10 February 2010:
1. THAT Council make representations to Mr Alby Schultz MP, Federal Member for Hume and Ms Pru Goward MP, Member for Goulburn seeking their support of the Gwydir Shire Council petition to the House of Representatives and the speaker to endorse the holding of a referendum to amend Section 96 of the Australian Constitution to include the words “to make grants to any State or Local Government body”, and develop as a matter of urgency a revised Federal – Local Government funding model that better addresses the inability of Local Government to provide adequate and effective services to its residents.
Note from Director Corporate Services
Section 96 of the Australian Constitution states:-
“Financial Assistance to States During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State on such terms and conditions that the Parliament thinks fit.”
RECOMMENDATION
SUBMITTED FOR DETERMINATION
Page 103 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 COMMITTEE REPORTS
COMMITTEE REPORTS
COMMITTEE REPORTS TABLED c-CR1 Management and Advisory Committee Reports
REF: MALS 107/1
Submitting minutes of one (1) Committee meeting that will be tabled for information.
REPORT
1. Moss Vale Senior Citizens and Community Centre Management Committee held Monday, 18 January 2010.
ATTACHMENTS
There are no attachments to this report.
RECOMMENDATION
THAT the information contained in the following Committee Report be noted:
1. Moss Vale Senior Citizens and Community Centre Management Committee held Monday,18 January 2010.
Page 104 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 CLOSED COUNCIL
CLOSED COUNCIL
CORPORATE SERVICES DIVISION c-CS1 Closed Council
REF: DCS 107/9
To consider moving into Closed Council
REPORT
The following confidential report has been distributed separately: c-GM1 Proposed Acquisition of Lot 5 Deposited Plan 867717 Oxley Drive, Bowral for Addition to Mt Gibraltar Bush Land Reserve
PN318501
STATUTORY
Section 10A of the Local Government Act 1993, empowers Council and Committees of which all the members are Councillors to close a part of a meeting in certain circumstances in accordance with the requirements of the Act, and relevant Regulations and Guidelines.
Subject to the provisions of Section 10 of the Act, so much of a meeting may be closed as comprises certain information as outlined in Section 10A(2).
However, the Act also contains the following provisions qualifying the use of Section 10A(2).
Section 10B
1. [Time spent closed to be minimised] A meeting is not to remain closed during the discussion of anything referred to in section 10A(2):
a. Except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and b. If the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret-unless the council or committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest.
2. [Qualification of 10A(2)(g)] A meeting is not to be closed during the receipt and consideration of information or advice referred to in section 10A(2)(g) unless the advice concerns legal matters that:
a. are substantial issues relating to a matter in which the council or committee is involved, and b. are clearly identified in the advice, and
Page 105 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 CLOSED COUNCIL
d. are fully discussed in that advice.
3. [Qualification of 10A(3)] If a meeting is closed during the discussion of a motion to close another part of the meeting to the public (as referred to in section 10A(3)), the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting (other than consideration of whether the matter concerned is a matter referred to in section 10A(2)).
4. [Irrelevant matters] For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that:
a. a person may misinterpret or misunderstand the discussion, or b. the discussion of the matter may: (i) cause embarrassment to the council or committee concerned, or to Councillors or to employees of the council, or (ii) cause a loss of confidence in the council or committee.
Attention is also drawn to provisions contained in Part 7 of Council’s Code of Meeting Practice.
DIRECTOR GENERAL’S GUIDELINES
The Director General of the Department of Local Government has issued guidelines concerning the use of Section 10 of the Act. A copy of the Director General’s guidelines has been sent to all Councillors. Section 10B(5) of the Act requires that council have regard to these guidelines when considering resolving into Closed Session.
Page 106 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 10 February 2010 CLOSED COUNCIL
……. Cont’d …….. Cont’d
RECOMMENDATION
1. THAT Council moves into Closed Council in accordance with the requirements of Section 10 of the Local Government Act 1993 as addressed below to consider the following report:
c-GM1 PROPOSED ACQUISITION OF LOT 5 DEPOSITED PLAN 867717 OXLEY DRIVE, BOWRAL FOR ADDITION TO MT GIBRALTAR BUSH LAND RESERVE PN318501
Relevant Legal Provision This report is placed in Closed Committee as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting business under Clause 10A(2)(c) of the Local Government Act.
Brief Description Reporting on the consideration of a request for the acquisition of land for addition to the Mt Gibraltar Bush Land Reserve, Bowral.
Public Interest It is not in the public interest to consider this information in Open Council because it contains information which could confer a commercial advantage.
2. THAT the minutes of the Closed Council part of the meeting (being the Council’s resolution) be made public.
Jason R Gordon General Manager
5 February 2010
Page 107