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Agenda of Extra Ordinary Meeting Shoalhaven City Council Extra Ordinary Meeting Meeting Date: Tuesday, 12 May, 2020 Location: Council Chambers, City Administrative Building, Bridge Road, Nowra Time: At the conclusion of Strategy & Assets Committee Membership (Quorum - 7) All Councillors Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public. Agenda 1. Apologies / Leave of Absence 2. Declarations of Interest 3. Notices of Motion / Questions on Notice Notices of Motion / Questions on Notice CL20.104 Rescission Motion - CL20.102 Independent Legal Advice - Development Application - Lake View Drive Burrill Lake - Lot A DP21307 ..................................................................................................... 1 CL20.105 Notice of Motion - CL20.102 Independent Legal Advice - Development Application - Lake View Drive Burrill Lake - Lot A DP21307 ..................................................................................................... 9 4. Reports Planning Environment & Development CL20.106 NSW Coast & Estuary Grants - Bushfire Affected Waterways ................... 10 CL20.107 Proposed Subdivision of Land, Approved by NSW State Government - Manyana ................................................................................................. 18 Extra Ordinary Meeting – Tuesday 12 May 2020 Page 1 CL20.104 Rescission Motion - CL20.102 Independent Legal Advice - Development Application - Lake View Drive Burrill Lake - Lot A DP21307 HPERM Ref: D20/163908 Submitted by: Clr Mitchell Pakes Clr Greg Watson Clr Patricia White Attachments: 1. Advice to SCC regarding further legal opinion ⇩ 2. Advice to HCL ⇩ Purpose / Summary The following Rescission Motion, of which due notice has been given, is submitted for Council’s consideration. Recommendation That Council rescind the Motion relating to CL20.102 Independent Legal Advice - Development Application - Lake View Drive Burrill Lake - Lot A DP21307 of the Council Meeting held Tuesday 5 May 2020. CL20.104 Background The following resolution (MIN20.327) was adopted at the Extra Ordinary Meeting held Tuesday 5 May 2020. That: 1. In respect to the development application for relocation of the Children’s Playground and construction of a boat shed at Lake View Drive Burrill Lake (DA19/1897), Council note the independent legal advice obtained from Holding Redlich dated 4 May 2020 that is summarised on page 2 of that advice as follows: a. The exercise of the Council’s functions as landowner under the Local Government Act are separate to the Council’s functions as consent authority. In assessing and determining the DA, Council is required to comply with the relevant requirements of the Environmental Planning and Assessment Act 1979 (NSW) (“the EP&A Act”). The EP&A Act does not require the Council to consider the Local Government Act 1993 (“the LG Act”) as part of the assessment of the Development Application. b. The Development Application is valid and capable of being approved by Council in that: i. The Development Application can be lodged by any person with the consent of the landowner (in this case Council); and ii. Council has given written consent, consistent with the relevant delegation. c. The Plan of Management permits the kind of use proposed by the Club in the Development Application. d. Any development consent would not entitle the Club to occupy the Land: it is only approval to carry out the proposed development. The Club would need to obtain a Extra Ordinary Meeting – Tuesday 12 May 2020 Page 2 licence to occupy the Land which can only be granted in accordance with the LG Act. e. Council has the power to grant a lease or licence for the use of the Land by the Club under the LG Act and having regard to the Plan of Management, subject to complying with the necessary requirement of the LG Act. 2. Having regard to the above legal opinion and on the recommendation of the Director Planning, Environment & Development in the report submitted to the Development and Environment Committee dated 7 April 2020, Development Application D19/1897 for the relocation of the Children’s Playground within the reserve and the construction of a boat shed for the storage of paddle powered boats on the land at Lake View Drive Burrill Lake – Lot A DP 21307 be approved subject to the recommended conditions of consent contained in Attachment 2 to Attachment 1 of this Report. Note by the CEO In response to further correspondence dated 11 May 2020 from objector Mr Laan and accompanying legal opinion of Solicitor Mr Davenport dated 8 May 2020 (copy attached), Councillors are referred to the attached legal advice from Holding Redlich dated 11 May 2020 that confirms its previous advice that the Development Application is valid and capable of being approved. CL20.104 Extra Ordinary Meeting – Tuesday 12 May 2020 Page 3 Attachment 1 - CL20.104 Extra Ordinary Meeting – Tuesday 12 May 2020 Page 4 Attachment 1 - CL20.104 Extra Ordinary Meeting – Tuesday 12 May 2020 Page 5 Attachment 1 - CL20.104 Extra Ordinary Meeting – Tuesday 12 May 2020 Page 6 Attachment 1 - CL20.104 Extra Ordinary Meeting – Tuesday 12 May 2020 Page 7 Attachment 2 - CL20.104 Extra Ordinary Meeting – Tuesday 12 May 2020 Page 8 Attachment 2 - CL20.104 Extra Ordinary Meeting – Tuesday 12 May 2020 Page 9 CL20.105 Notice of Motion - CL20.102 Independent Legal Advice - Development Application - Lake View Drive Burrill Lake - Lot A DP21307 HPERM Ref: D20/163925 Submitted by: Clr Mitchell Pakes Clr Greg Watson Clr Patricia White Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration. Recommendation That Council 1. Work with the Mollymook Outriggers Canoe Club to find an alternative location. 2. Refuse DA19/1897 Lake View Dr Burrill Lake, Lot A DP 21307. CL20.105 Note by the CEO This Notice of Motion will be dealt with if the preceding Rescission Motion is carried. Extra Ordinary Meeting – Tuesday 12 May 2020 Page 10 CL20.106 NSW Coast & Estuary Grants - Bushfire Affected Waterways HPERM Ref: D20/163998 Section: Environmental Services Approver: Phil Costello, Director Planning Environment & Development Group Attachments: 1. Lake Conjola sustained opening to the sea - unsuccessful grant application - bushfire affectd coastal waterways ⇩ 2. Shelley Hancock MP media release - successful grants - bushfire affected coastal waterways ⇩ Reason for Report To seek approval to accept grant offers totalling $1,427,281 under the NSW Bushire Affected Waterways Program. Recommendation That Council 1. Accept the following grant funding offers from the NSW Government made under the NSW Bushfire affected coastal waterways program i. South east catchment and waterways bushfire recovery plan of $427,281 with a CL20.106 Council contribution of $27,573 ($82,719 to be equally split between the three participating Councils) from the 2020/21 coastal management planning budget (job number 15931) subject to partner Councils Eurobodalla Shire Council and Bega Valley Shire Council contributing the required funds; ii. Shoalhaven LGA Catchment Stabilisation and Ecological Monitoring Works - $1,000,000; and 2. Write to the Minister for Local Government, Shelley Hancock, thanking the NSW Government for the grants. 3. Note the advice received from NSW Department of Planning, Industry & Environment (DPIE) that Council’s application for financial assistance under the Bushfire Affected Coastal Waterways Program for Lake Conjola was unsuccessful as the independent assessment committee determined the project does not meet the program guidelines or objectives and is ineligible for funding and that the project did not rank highly enough through the assessment process to receive grant funding under the 2019-20 program. Options 1. As recommended. Implications: Council will be able to expedite the recovery of coastal waterway catchments following the 2019/20 bush fires in partnership with Eurobodalla Shire Council, Bega Valley Shire Council and the State Government to protect the environmental, social and economic values of our coastal zone. The effects of the bushfires have the potential to degrade coastal waterways by impacting water quality and sensitive estuary systems, in turn affecting local industries such as tourism and aquaculture. This funding will allow council to mitigate these impacts in partnership with South-East regional councils and NSW Government agencies. Extra Ordinary Meeting – Tuesday 12 May 2020 Page 11 2. Council not accept the grant offers. Implications: The recovery of coastal waterways and their catchments following the recent bush fires will be significantly impacted and the environmental, social and economic values of these catchments may also decline. Background In February 2020, Council applied for the following three grants under the NSW Bushfire Affected Coastal Waterways Program – • Lake Conjola sustained entrance opening to the sea ($2.3million) • South East catchment and waterways bushfire recovery plan (Regional application between Shoalhaven, Eurobodalla and Bega Councils - $500,000) • LGA Catchment Stabilisation and Ecological Monitoring Works ($1million) Council’s consultative bodies, the Conjola Community Forum and the Red Head Villages Association contributed to the preparation of the Lake Conjola grant application.
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