Shoalhaven City Council

Development & Environment Committee

Meeting Date: Tuesday, 04 February, 2020 Location: Council Chambers, City Administrative Building, Bridge Road, Nowra Time: 5.00pm

Membership (Quorum - 5) Clr Joanna Gash - Chairperson Clr Greg Watson All Councillors Chief Executive Officer or nominee

Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.

Agenda

1. Apologies / Leave of Absence 2. Confirmation of Minutes • Development & Environment Committee - 20 January 2020 ...... 1 3. Declarations of Interest 4. Call Over of the Business Paper 5. Mayoral Minute 6. Deputations and Presentations 7. Notices of Motion / Questions on Notice Nil 8. Reports Planning Environment & Development DE20.9 Exhibition Outcomes and Proposed Finalisation - Planning Proposal and Proposed Development Control Plan Amendment - Nowra CBD Fringe Medium Density Character Controls ...... 8 DE20.10 Exhibition Outcome - Proposed Finalisation - Planning Proposal (PP046) - Appleberry Close, Meroo Meadow ...... 31 DE20.11 Quarterly Review for Compliance Matters ...... 34

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9. Confidential Reports Nil

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Development & Environment Committee Delegation: Pursuant to s377(1) of the Local Government Act 1993 (LG Act) the Committee is delegated the functions conferred on Council by the Environmental Planning & Assessment Act 1979 (EPA Act), LG Act or any other Act or delegated to Council, as are specified in the attached Schedule, subject to the following limitations: i. The Committee cannot make a decision to make a local environmental plan to classify or reclassify public land under Division 1 of Part 2 of Chapter 6 of the LG Act; ii. The Committee cannot review a section 8.11 or section 8.9 EPA Act determination made by the Council or by the Committee itself; iii. The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated; iv. The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council; and v. The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council. Schedule a. All functions relating to the preparation, making, and review of local environmental plans (LEPs) and development control plans (DCPs) under Part 3 of the EPA Act. b. All functions relating to the preparation, making, and review of contributions plans and the preparation, entry into, and review of voluntary planning agreements under Part 7 of the EPA Act. c. The preparation, adoption, and review of policies and strategies of the Council in respect of town planning and environmental matters and the variation of such policies. d. Determination of variations to development standards related to development applications under the EPA Act where the development application involves a development which seeks to vary a development standard by more than 10% and the application is accompanied by a request to vary the development standard under clause 4.6 of Shoalhaven Local Environmental Plan 2014 or an objection to the application of the development standard under State Environmental Planning Policy No. 1 – Development Standards. e. Determination of variations from the acceptable solutions and/or other numerical standards contained within the DCP or a Council Policy that the Chief Executive Officer requires to be determined by the Committee f. Determination of development applications that Council requires to be determined by the Committee on a case by case basis. g. Review of determinations of development applications under sections 8.11 and 8.9 of the EP&A Act that the Chief Executive Officer requires to be determined by the Committee. h. Preparation, review, and adoption of policies and guidelines in respect of the determination of development applications by other delegates of the Council. i. The preparation, adoption and review of policies and strategies of the Council in respect to sustainability matters related to climate change, biodiversity, waste, water, energy, transport, and sustainable purchasing. j. The preparation, adoption and review of policies and strategies of the Council in respect to management of natural resources / assets, floodplain, estuary and coastal management.

Shoalhaven City Council

MINUTES OF THE DEVELOPMENT & ENVIRONMENT COMMITTEE

Meeting Date: Monday, 20 January 2020 Location: Council Chambers, City Administrative Building, Bridge Road, Nowra Time: 5.29pm

The following members were present:

Clr Joanna Gash - Chairperson Clr Amanda Findley Clr John Wells Clr Patricia White – left at 6:57 pm Clr Kaye Gartner Clr Nina Digiglio Clr Alldrick Clr Andrew Guile Clr Mitchell Pakes Clr Greg Watson Clr Mark Kitchener Clr Bob Proudfoot Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence

An apology was received from Clr Levett.

Confirmation of the Minutes RESOLVED (Clr White / Clr Digiglio) MIN20.13 That the Minutes of the Development & Environment Committee held on Tuesday 3 December 2019 be confirmed. CARRIED

Declarations of Interest Nil

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Call Over of the Business Paper RESOLVED (Clr Pakes / Clr Alldrick) MIN20.14 That the items on the agenda will be dealt with as they appear in the paper. CARRIED

MAYORAL MINUTES

Nil

DEPUTATIONS AND PRESENTATIONS

DE20.2 Proponent Initiated Planning Proposal - 17 Hawke Street and 22 Currambene Street, Huskisson (Former Anglican Church) (Page 11) Mr Stephen Bartlett addressed the meeting to speak in favour of the recommendation. Mr Stephen Bargwanna, representing the Huskisson Heritage Association, addressed the meeting to speak against the recommendation.

Procedural Motion - Deputation RESOLVED (Clr Findley / Clr Digiglio) MIN20.15 That a deputation be heard from Mr Charlie Ashby regarding DE20.2 Proponent Initiated Planning Proposal - 17 Hawke Street and 22 Currambene Street, Huskisson (Former Anglican Church). CARRIED

Mr Charlie Ashby addressed the meeting to speak against the recommendation.

Procedural Motion - Bring Item Forward RESOLVED (Clr Pakes / Clr Gartner) MIN20.16 That the matter of item DE20.2 - Proponent Initiated Planning Proposal - 17 Hawke Street and 22 Currambene Street, Huskisson (Former Anglican Church) be brought forward for consideration. CARRIED

DE20.2 Proponent Initiated Planning Proposal - 17 Hawke Street HPERM Ref: and 22 Currambene Street, Huskisson (Former Anglican D19/384722 Church) Recommendation (Item to be determined under delegated authority) That: 1. Council support ‘in principle’ the proposed rezoning of Lots 7 and 8, Section 3, DP 758530 - 17 Hawke Street and 22 Currambene Street, Huskisson from SP2 – Place of Public Worship to B4 – Mixed Use Business under the Shoalhaven LEP 2014, and also extend the proposed B4 zoning to include the adjacent section of Hawke Street that is currently zoned SP2 – Road, subject to undertaking the following prior to public exhibition:

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a. Independent historical research into graves b. A new independent Ground Penetrating Radar (GPR) survey over the entire site by a grave detection specialist using best practice methodology. c. Consultation with Heritage NSW; the NSW Department of Planning, Industry and Environment; the Jerrinja Local Aboriginal Land Council; and Council’s Aboriginal Advisory Committee to seek clarification on the legal status of the graves, and to determine if an Aboriginal Cultural Heritage Assessment should be undertaken. d. Consultation with the Jerrinja Local Aboriginal Land Council and Council’s Aboriginal Advisory Committee as required/appropriate. e. Independent peer review of the proponent’s feasibility assessment. 2. Council not support the proponent’s proposed increase in the height controls to Lot 7 Section 3, DP 758530 (no. 17 Hawke Street). 3. Council submit a Planning Proposal to the NSW Department of Planning, Industry and Environment (DPIE) for Gateway determination that is in accordance with parts 1 and 2. 4. Council consider the need to amend Shoalhaven Development Control Plan 2014, Chapter N18 - Huskisson Town Centre once the likely detail of a Planning Proposal is known. 5. Any required studies/assessments be arranged by Council and be funded by the proponent in accordance with Council’s Planning Proposal Guidelines. 6. Council advise the proponent, CCB and submitters of this decision.

RESOLVED (Clr Guile / Clr Gash) MIN20.17 That Council: 1. Support ‘in principle’ the proposed rezoning of Lots 7 and 8, Section 3, DP 758530 - 17 Hawke Street and 22 Currambene Street, Huskisson from SP2 – Place of Public Worship to B4 – Mixed Use Business under the Shoalhaven LEP 2014, and also extend the proposed B4 zoning to include the adjacent section of Hawke Street that is currently zoned SP2 – Road. 2. Support ‘in principle’ the proponent’s proposed increase in the height controls to Lot 7 Section 3, DP 758530 (No. 17 Hawke Street). 3. Submit a Planning Proposal to the NSW Department of Planning, Industry and Environment (DPIE) for Gateway determination that is in accordance with parts 1 and 2. 4. Subject to a favourable Gateway determination, undertake the following assessments: a. A new independent Ground Penetrating Radar (GPR) survey over the entire site by a grave detection specialist using best practice methodology. b. Independent research into the graves and whether they are ‘relics’ under the NSW Heritage Act. c. Consultation with Heritage NSW; the NSW Department of Planning, Industry and Environment; the Jerrinja Local Aboriginal Land Council; and Council’s Aboriginal Advisory Committee to seek clarification on the legal status of the graves with regard to the NSW Heritage act. d. Continued consultation with the Jerrinja Local Aboriginal Land Council and Council’s Aboriginal Advisory Committee as required/appropriate. e. Independent peer reviews of the proponent’s urban design strategy and feasibility assessment 5. Upon completion of the above assessments and considerations, report the findings to Council to confirm the details of Planning Proposal. Immediately upon gateway determination, subject to the completion of any reports required by the gateway determination, the Planning Proposal

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is to be placed on public exhibition 6. Amend Shoalhaven Development Control Plan 2014, Chapter N18 - Huskisson Town Centre, as required, in conjunction with the Planning Proposal process. 7. Note the required reviews/assessments are to be funded by the proponent in accordance with Council’s Planning Proposal Guidelines. 8. Advise the proponent, CCB and submitters of this decision. FOR: Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Stephen Dunshea AGAINST: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Proudfoot CARRIED

NOTICES OF MOTION / QUESTIONS ON NOTICE

DE20.1 Notice of Motion - DA 19/1897 - Barker Reserve Burrill HPERM Ref: D20/8579 Lake Recommendation (Item to be determined under delegated authority) That Council: 1. ‘Call in’ Development Application DA19/1897 for the construction of a boat storage shed at Barker Reserve for determination by the full Council due to the public interest. 2. Request the CEO (or his nominee) to consider holding a residents briefing to fully inform the residents of the application.

RESOLVED (Clr White / Clr Proudfoot) MIN20.18 That Council: 1. ‘Call in’ Development Application DA19/1897 for the construction of a boat storage shed at Barker Reserve Burrill Lake for determination by the full Council due to the public interest. 2. Request the CEO (or his nominee) to consider holding a residents briefing to fully inform the residents of the application. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

DE20.2 PROPONENT INITIATED PLANNING PROPOSAL - 17 HPERM REF: HAWKE STREET AND 22 CURRAMBENE STREET, D19/384722 HUSKISSON (FORMER ANGLICAN CHURCH)

Item dealt with earlier/later in the meeting see MIN20.17

Procedural Motion - Matters of Urgency RESOLVED (Clr Pakes / Clr White) MIN20.19 That the following additional items be introduced as matters of urgency:

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• Call in of DA19/1846 – Gould Avenue (204 Kinghorne Street), Nowra. • Call in of DA19/2098 Bunberra St Bomaderry. CARRIED

The chairperson ruled the matter as urgent due to significant public interest.

DE20.8 Call in of DA19/1846 - 204 Kinghorne Street, Nowra and DA19/2098 - Bunberra Street, Bomaderry. RESOLVED (Clr Pakes / Clr White) MIN20.20 That Council call in the following Development Applications for determination by Council: • DA19/1846 – Gould Avenue (204 Kinghorne Street), Nowra (Lot 1 DP 130928) - Proposed Residential Flat Building Comprising 91 Apartments. • DA19/2098 Bunberra St, Bomaderry – (Lot 1 DP1247563) New School Bus Bay, Boundary Adjustment and Fencing. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

REPORTS

DE20.3 Post Exhibition Consideration/Finalisation - Draft HPERM Ref: Chapter G2 and Dictionary Housekeeping Amendment - D19/404750 Shoalhaven DCP 2014 (DCP2014.31) Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt the Housekeeping Amendment (DCP2014.31) as exhibited, with the inclusion of the changes to the following draft Chapters of Shoalhaven Development Control Plan 2014 as shown in Attachment 2: • Chapter G2: Sustainable Stormwater Management and Erosion/Sediment Control (and related Supporting Document 1). • The DCP Dictionary. 2. Notify the adoption of the Amendment in local newspapers in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations. 3. Advise key stakeholders, including relevant industry representatives, of this decision and when the Amendment will be made effective.

RESOLVED (Clr Proudfoot / Clr Wells) MIN20.21 That Council: 1. Adopt the Housekeeping Amendment (DCP2014.31) as exhibited, with the inclusion of the changes to the following draft Chapters of Shoalhaven Development Control Plan 2014 as shown in Attachment 2: • Chapter G2: Sustainable Stormwater Management and Erosion/Sediment Control (and

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related Supporting Document 1). • The DCP Dictionary. 2. Notify the adoption of the Amendment in local newspapers in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations. 3. Advise key stakeholders, including relevant industry representatives, of this decision and when the Amendment will be made effective. FOR: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

Note: Clr White left the meeting at 6.57pm

Items marked with an * were resolved ‘en block’.

DE20.4 Proposed Finalisation - Shoalhaven DCP 2014 and HPERM Ref: Shoalhaven Contributions Plan 2019 Amendments - St D19/416292 Georges Basin Village Centre (DCP2014.37 & CP2019.2) RESOLVED* (Clr Wells / Clr Pakes) MIN20.22 That Council: 1. Adopt and finalise the Amendment to Chapter N23: St Georges Basin Village Centre of Shoalhaven Development Control Plan 2014, as exhibited. 2. Adopt and finalise the Amendment to Shoalhaven Contributions Plan 2019, as exhibited, being the deletion of project 03ROAD2113 (St Georges Basin Village Centre Service Lane). 3. Notify the adoption of the Amendments within local newspapers in accordance with the requirements of the NSW Environmental Planning and Assessment Act 1979 and Regulations. 4. Advise all stakeholders, including relevant CCBs, relevant industry representatives and submitters of this decision, and when the DCP amendment will be made effective. FOR: Clr Gash, Clr Findley, Clr Wells, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

DE20.5 Proposed Housekeeping Amendment - Chapter G21: Car HPERM Ref: Parking and Traffic & Dictionary - Shoalhaven D19/424387 Development Control Plan 2014 (DCP2014.41) RESOLVED* (Clr Wells / Clr Pakes) MIN20.23 That Council: 1. Endorse the initial draft Housekeeping Amendment (draft Amendment) to Chapter G21: Car Parking and Traffic and the Dictionary of Shoalhaven Development Control Plan 2014 at Attachment 1 and support the exhibition of the draft Amendment for a period of at least 28 days as per legislative requirements. 2. Receive a further report on the draft Amendment following the conclusion of the public exhibition period to consider feedback received, any necessary adjustments and the

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finalisation of the amendment. 3. Reaffirm the ‘Car Parking Waiver – Change of Use Development in Traditional Retail Centres’ Policy with the following changes as per Attachment 2: a. Update review date of the Policy to 31 December 2020. b. Provide clarification that the Policy does not apply to new floor area (including extensions, additions, new buildings). 4. Notify key stakeholders (including CCBs and Development Industry Representatives) of the exhibition arrangements in due course. FOR: Clr Gash, Clr Findley, Clr Wells, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

DE20.6 Reaffirmation - Amendment No.36 Adoption - Chapter HPERM Ref: N28: Beach Road, Berry - Shoalhaven DCP2014 D19/441626 RESOLVED* (Clr Wells / Clr Pakes) MIN20.24 That Council: 1. Reaffirm its resolution on 5 November 2019 (part 2 of MIN19.808) to adopt and finalise Chapter N28 of Shoalhaven Development Control Plan (DCP) 2014 (Amendment No.36) as exhibited with the changes outlined in the report to Council on 5 November 2019 (DE19.113). 2. Place a notice in the South Coast Register within twenty-eight (28) days of the date of this resolution as required under Clause 21 of the NSW Environmental Planning and Assessment Regulation. FOR: Clr Gash, Clr Findley, Clr Wells, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

DE20.7 Millards Creek Bushcare Group Action Plan HPERM Ref: D19/450944 RESOLVED* (Clr Wells / Clr Pakes) MIN20.25 That Council adopt the Millards Creek Corridor Bushcare Group Action Plan presented as Attachment 1. FOR: Clr Gash, Clr Findley, Clr Wells, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

There being no further business, the meeting concluded, the time being 7.07pm.

Clr Gash CHAIRPERSON

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DE20.9 Exhibition Outcomes and Proposed Finalisation - Planning Proposal and Proposed Development Control Plan Amendment - Nowra CBD Fringe Medium Density Character Controls

HPERM Ref: D19/412377

Section: Strategic Planning Approver: Phil Costello, Director Planning Environment & Development Group

Attachments: 1. Submissions Summary - Nowra CBD Fringe Medium Density Character Controls Planning Proposal and Proposed DCP Amendment ⇩

Reason for Report

• Report the outcomes of the public exhibition of the Nowra CBD Fringe Medium Density Character Controls Planning Proposal (PP) and the related proposed Chapter N25 of Shoalhaven Development Control Plan (proposed DCP) 2014; • Enable the amendments to Shoalhaven Local Environmental Plan (LEP) 2014 and

Shoalhaven DCP 2014 to proceed to finalisation. DE20.9

Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt and finalise Planning Proposal (PP038) as exhibited. 2. Forward PP038 to the NSW Parliamentary Counsel’s Office to draft the amendment to Shoalhaven LEP 2014. 3. Make the resulting amendment to Shoalhaven LEP 2014 using Council’s delegation. 4. Pursue the change to the building height control for relevant properties along West Street and North Street from 7.5m to 8.5m in the next LEP ‘housekeeping’ amendment. 5. Adopt and finalise the new Shoalhaven DCP 2014 Chapter N25: Nowra CBD Fringe as exhibited and give the required public notice, noting that it will commence at the same time as the related amendment to Shoalhaven LEP 2014. 6. Advise key stakeholders, including owners in the subject area, adjoining landowners, relevant industry representatives and those who made a submission, of this decision, and when the LEP and DCP amendments will be made effective.

Options 1. As recommended. Implications: This is the preferred option as it will enable the amendments to Shoalhaven LEP 2014 and Shoalhaven DCP 2014 to be finalised. This will see the introduction of a Heritage Conservation Area, changes to building height and zoning of several sites and the introduction of complementary urban design DCP controls in the Nowra CBD fringe area to the west and south of the Nowra CBD. The amendment to the building height control for the properties along West Street and North Street is appropriate to include in the next ‘housekeeping’ amendment to the LEP as the NSW Department of Planning, Industry & Environment (DPIE) have advised that

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the PP would need to be re-exhibited if this change/amendment is included at this point in the process.

2. Adopt an alternative recommendation, for example, not proceed with the current proposals and consider the use of a Character Overlay in the LEP when more detail is known. Implications: This could delay the completion of this PP and the implementation of proposed medium density character controls in the Shoalhaven LEP 2014 and Shoalhaven DCP 2014 for the Nowra CBD fringe area. This would result in the retention of zoning and building height controls that do not consider the character of the Nowra CBD fringe area or encourage a mix of densities and high-quality housing in appropriate locations close to the Nowra CBD. Without area- specific development controls to support the LEP amendments, future development would be subject to the generic provisions of the DCP which may lead to undesirable impacts from new development on the character of the Nowra CBD fringe area and

negative impacts on the amenity of adjoining properties. Whilst not ideal, the PP could

also proceed without the proposed DCP amendment. Waiting on the detail of the proposed LEP Character Overlay is an option; however, it is not known when this will become available. The opportunity to use this overlay could be separately considered in the future if needed.

Re-exhibition of the PP and/or proposed DCP provisions may be required depending on DE20.9 the nature of any changes made to them. Further, if changes are outside of the scope of the Nowra CBD Fringe Medium Density Study that was exhibited and adopted by Council in 2018, it may create confusion and uncertainty for landowners, developers and the community.

3. Not adopt the recommendation. Implications: This is not a preferred option as it would result in wasted effort and the retention of existing Shoalhaven LEP 2014 zoning and building height controls that do not consider the character of the Nowra CBD fringe area or encourage a mix of densities and high-quality housing in appropriate locations close to the Nowra CBD. It may also create uncertainty/concern for landowners, developers and the community. In the absence of area-specific DCP controls, future development would be subject to the generic provisions of the DCP which may lead to undesirable impacts from development on the character of the Nowra CBD fringe area and negative impacts on the amenity of adjoining properties.

Background Council previously considered and adopted the Nowra CBD Fringe Medium Density Study 2018 (the Study), consisting of a Background report and a Recommendations report, at the Development Committee Meeting on 3 July 2018 (MIN18.523). It was resolved to prepare a Planning Proposal (PP) and Development Control Plan (DCP) Chapter based on the study recommendations. The Study was undertaken for Council by urban design consultants, Studio GL, to investigate and provide recommendations on planning and development controls that could assist to maintain the recognised character of the Nowra CBD fringe area, whilst encouraging a mix of densities and high-quality housing in appropriate locations close to the Nowra CBD.

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Council is now in the process of formalising and implementing the recommendations of the Study within Shoalhaven LEP 2014 and Shoalhaven DCP 2014 to guide future built form in the Nowra CBD fringe area.

Planning Proposal (PP038) – Nowra CBD Fringe Medium Density Character Controls Council received a Gateway determination for the PP on 11 September 2018. This determination contained a number of conditions that needed to be complied with, including consultation with the then NSW Office of Environment & Heritage (OEH). The OEH consultation required the perpetration of a heritage study, the outcomes of which were reported to Council on 2 July 2019 and enabled the PP (and DCP) to proceed to exhibition. The formal public exhibition of the PP occurred from 6 November to 6 December 2019 (inclusive). The exhibited PP proposes to make the following three changes (1–3) to Shoalhaven LEP 2014:

1. Proposed Heritage Conservation Area Introduce a new Heritage Conservation Area (HCA) to the west and south of the Nowra CBD, as shown in Map 1 below. The proposed HCA contains the highest proportion of older dwellings, substantially intact

streetscapes and evidence of key historic periods in the growth and development of Nowra. DE20.9

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DE20.9

Map 1 – Proposed Heritage Conservation Area

2. Proposed Height of Buildings Amend the Height of Buildings Map in Shoalhaven LEP 2014, as shown in Map 2 below. This includes: • Introducing a consistent maximum building height of 8.5m (two storeys) within the proposed HCAs.

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• Increasing the maximum building height along Shoalhaven Street and Colyer Avenue between North and Hyam Streets from 7.5m-8.5m (two storeys) to 11m (three storeys) to be consistent with the proposed change of zone for this area (discussed below). • Increasing the maximum building height for the area bound by Bainbrigge Crescent, Douglas Street, Osborne Street and Jervis Street from 8.5m (two storeys) to 11m (three storeys) to be consistent with the proposed change of zone for this area

(discussed below).

DE20.9

Map 2 – Proposed Height of Buildings Map

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3. Proposed Land Zoning Amend the Land Zoning Map in Shoalhaven LEP 2014, as shown in Map 3 below. This includes rezoning: • lots bound by Bainbrigge Crescent, Douglas Street, Osborne Street and Jervis Street from R2 Low Density Residential to R1 General Residential. • the block to the west of the from R1 General Residential to R3 Medium Density Residential. • the block to the north of North Street, south of Hyam Street and west of the hospital from R2 Low Density Residential to R1 to enable a broader range of land uses in this

well-located area close to the hospital.

DE20.9

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Map 3 – Proposed Land Zoning Map The rationale behind the proposed zone changes was detailed in the previous reports to Council (13 March, 10 April and 3 July 2018) and is part of the overall package of changes suggested by the project consultants as part of their supporting background work. The two supporting background documents that were adopted by Council on 3 July 2018 are able to be viewed on Council’s website as follows: • Nowra Medium Density Study Background Report: http://doc.shoalhaven.nsw.gov.au/displaydoc.aspx?Record=D19/118760 • Nowra Medium Density Study Recommendations Report: http://doc.shoalhaven.nsw.gov.au/displaydoc.aspx?Record=D19/118761 Council was also briefed on the findings of the two background reports on 22 March 2018 by the project consultants, Studio GL.

Current

Proposed Shoalhaven DCP 2014 Chapter N25: Nowra CBD Fringe The proposed DCP Chapter introduces a set of tailored urban design controls to support the PP and help guide future built form in the Nowra CBD Fringe area. It applies to residential zoned land in the Nowra CBD Fringe area and includes controls covering and addressing

building and floor heights, setbacks, landscaped area, private open space, streetscape DE20.9 interface, access, parking and architectural appearance of future development. The proposed Chapter will be a new Area Specific Chapter of the Shoalhaven DCP 2014.

Government Agency Feedback The PP was referred to both the NSW Rural Fire Service (RFS) and the then NSW Office of Environment and Heritage (Heritage Branch) for comment prior to public exhibition as required by the Gateway determination. The comments received from these agencies are summarised below, along with Council staff comment.

Agency Summary of Submission Staff Comment NSW Rural Fire No objection to the PP. Future Noted. Future development on Service (RFS) development of land mapped land identified as bush fire prone as bush fire prone in the PP will need to comply with the area will need to comply with most recent provisions of the requirements of Planning ‘Planning for Bush Fire for Bush Fire Protection 2006, Protection’ as part of any including provision of Asset development application Protection Zones, safe access process. and adequate services. NSW Office of Supports the creation of the Consultants ‘Louise Thom Environment and HCA but recommends that a Heritage’ were engaged to Heritage (Heritage further Heritage Study be prepare the required Heritage Branch) undertaken to review and Study, which recommended that refine the proposed: Council: - HCA boundaries 1) Reduce the boundary of the - Land use zonings proposed HCA to exclude - Building heights areas where there are large - DCP controls areas of ‘non-contributory - Impact on two (2) State buildings’. Heritage Register (SHR) 2) Expand the proposed HCA items; Meroogal and boundary to include Oliver

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Agency Summary of Submission Staff Comment Graham Lodge. Parade which is in the study area but not in the proposed HCA. 3) Revise the statement of significance for the proposed HCA. 4) Consider making the zoning within the HCA low density residential.

The Study also concluded that the proposal would not have any adverse impacts on the two (2) SHR items in the locality.

The recommendations of the Heritage Study were considered by the Development & Environment Committee on 2 July 2019 (item DE19.54) and it was resolved to: • amend the PP to include recommendations 1) and 3); DE20.9 • defer recommendation 2) for consideration as part of any broader future Shoalhaven heritage review; • not adopt recommendation 4).

The PP document was amended to reflect the resolution of 2 July 2019 and it proceeded to exhibition on that basis.

Public Exhibition Overview The PP, proposed DCP Chapter N25 and supporting exhibition material (including links to background studies etc.) were exhibited as a package for four (4) weeks between 6 November and 6 December 2019 (inclusive) at the City Administration Centre in Nowra. The exhibition package was also available for viewing on Council’s website and at the Ulladulla Administration Building. The exhibition package can still be viewed online on Council’s website under ‘Planning documents on exhibition’ at: https://shoalhaven.nsw.gov.au/My-Council/Public- exhibition/Documents-on-exhibition and included the following: • Planning Proposal PP038 • Gateway determination • Draft DCP Chapter N25 – Nowra CBD Fringe • Explanatory Statement (includes links to background studies) • Newspaper advertisement Two (2) community ‘drop-in’ style information sessions were held during the exhibition period at the Nowra Library where staff were available to answer questions and provide further

Development & Environment Committee – Tuesday 04 February 2020 Page 16 information on the proposals. The sessions were held on Wednesday 20 November 2019 (12pm to 2pm and 4pm to 6pm), with a total of 22 people attending. Written notification of the public exhibition arrangements and the community ‘drop-in’ information sessions was sent to owners (approximately 870) of all properties within the subject area and the development industry representatives mailing list.

Submissions Overview Fifteen (15) submissions were received during the public exhibition period and a summary of these is provided in Attachment 1. Copies of the actual submissions will be available for viewing in the Councillors’ Room prior to the meeting A summary of the key matters raised in the submissions and staff responses is provided below.

1. Concern that the proposed amendments don’t go far enough and lack a basic requirement for preservation of important structures and older buildings.

Staff comment: • The proposed amendments are based on the Nowra CBD Fringe Medium Density Study, which was prepared by Studio GL and adopted by Council on 3 July 2018. The HCA was identified as the best current option to achieve a balance in conserving the

area’s recognised overall historic and aesthetic character whilst also encouraging a mix DE20.9 of densities and high-quality housing consistent with existing zones close to the Nowra CBD, which is identified as a major regional centre in the -Shoalhaven Regional Plan. • Under Clause 5.10 Heritage Conservation of Shoalhaven LEP 2014 a range of development within an HCA requires development consent from Council, including subdividing land, erecting a building and demolishing, moving or altering the exterior of a building, work, relic or tree. Council will assess each development application on merit and will consider the effect of the proposal on the heritage significance of any identified heritage item and the HCA. Council may also require submission of a heritage impact assessment and/or heritage conservation management plan with the proposal to help inform its assessment. • Clause 5.10 includes limited exemptions to the requirement for development consent, for example, where the development is of a minor nature or for repairs/maintenance, or is for the removal of a tree/vegetation that is a risk to human life or property (landowners must still receive written approval from Council beforehand). • It is acknowledged that individually listing properties as heritage items in Schedule 5 of the LEP provides a stronger form of protection for important structures and older buildings than an overall HCA, however, given the Nowra CBD Fringe Medium Density Study sought to balance character with mixed densities and high-quality housing, additional individual listings were not recommended. • Council could revisit the Nowra CBD Fringe Medium Density Study adopted in July 2018 and consider listing additional heritage items, however, given the PP’s objective of balancing character with mixed densities and high-quality housing this is not recommended.

2. Concern that the proposal will result in developers tearing town old character homes to create ‘replica’ or ‘faux’ heritage that mirror old styles.

Staff comment:

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• As outlined above, development consent from Council is required for the demolition of a heritage item or building within an HCA. • In general, the demolition of buildings with significant heritage values would not be recommended by Council staff, however, buildings within an HCA that have no, minimal or negligible heritage significance are generally able to receive development consent for demolition. Council will assess each development application on merit and will consider the effect of the proposal on the heritage significance of any heritage item and HCA. Council may also require submission of a heritage impact assessment and/or heritage conservation management plan with the proposal to inform its assessment. • The supporting development controls within the proposed DCP Chapter will assist in ensuring that any new development is sympathetic to the character of the HCA. • The controls in the proposed DCP Chapter do not encourage new builds to adopt ‘replica’ or ‘faux’ heritage styles. Rather, they aim to ensure that the architectural appearance of new development provides visual interest and contributes to the

streetscape character. New buildings can be sympathetic or contribute to character without adopting faux-heritage features. It is also important to acknowledge that architectural appearance is just one element that contributes to character and is only one component of the proposed DCP Chapter.

3. Confusion over the reasoning for different building heights.

DE20.9 Staff comment: • The proposed changes to LEP building heights correspond with proposed changes to zoning and heritage controls that were recommended in the adopted Nowra CBD Fringe Medium Density Study. For example, where the zoning of certain sites is proposed to change to R1 General Residential, consistent with the existing approach citywide, a corresponding increase in building height to 11m is proposed to enable a mix of densities and housing types in these locations. The residential area within the proposed HCA is proposed to have a corresponding 8.5m height. • The existing building height in all other parts of the Nowra CBD fringe area is proposed to remain unchanged.

4. One submission from a landowner directly adjacent to the proposed HCA requested inclusion in the HCA.

Staff comment: • The Heritage Study undertaken by consultants Louise Thom Heritage did not include the specific property in the proposed HCA as its heritage value has been compromised by unsympathetic additions (a verandah) constructed approximately 30 years after it was built. • Nevertheless, development on properties in the vicinity of the HCA, including the subject property and adjoining properties, are required to consider the effect on the heritage significance of the adjacent HCA under Clause 5.10(5) of Shoalhaven LEP 2014. • Council could resolve to amend the HCA boundaries in this location to include the property, however it would not be consistent with the recommendations of the heritage study and the criteria it used to apply the HCA elsewhere in the Nowra CBD fringe area. As such, this change is not recommended.

Proposed Future Housekeeping Amendment to Shoalhaven LEP 2014

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Following the public exhibition of the PP a minor omission was identified in the exhibited draft Height of Building Map. One of the recommendations of the Nowra CBD Fringe Medium Density Study 2018 was to apply the HCA to 14 properties along West Street and North Street (area shown as H in the image below) and also increase the maximum building height for these properties from 7.5m to 8.5m. Council ultimately resolved to not apply the HCA to this area, however the building height was inadvertently also changed back to 7.5m on the exhibited proposed Height of Building Map – it should have remained at 8.5m in the exhibited PP.

It is recommended that Council rectify this anomaly in the next ‘housekeeping’ amendment to Shoalhaven LEP 2014 and not as a post-exhibition adjustment to the PP at this point as DE20.9 DPIE have advised that this would trigger the need for the PP to be re-exhibited and its finalisation would be delayed as a result.

Local Character Overlay In early 2019, DPIE released a Discussion Paper for comment on the proposal to introduce a possible ‘local character overlay’ into the Standard Instrument LEP in the form of a map and supporting local clause. The proposed clause could require applicants to: • meet development controls within the LEP clause; and/or • meet development controls within a DCP; and/or • submit a ‘statement of consistency’ with the desired future character for the area, as set out in a desired future character statement adopted by Council. If it is introduced, the local character overlay could ultimately provide an additional more appropriate way of considering and managing the character impacts of development through the LEP within the subject area. However, at this stage the exact detail and timing for the implementation of the local character overlay is still unknown. This opportunity could be revisited in the future if needed and when its detail is known.

Community Engagement The formal public exhibition arrangements and submissions received as a result are detailed and discussed earlier in the report. In addition, the Nowra CBD Fringe Medium Density Study 2018 which informed the PP and proposed DCP Chapter was also exhibited from 18 April to 18 May 2018 and adopted by Council on 3 July 2018.

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As part of the preparation of the Study, a number of workshops were facilitated by consultants Studio GL for landowners, community members and development industry representatives to provide input to the Study and its recommendations. All landowners within the study area have been kept informed of the progress of the PP and proposed DCP Chapter and of opportunities to make comment on them.

Policy Implications This is a ‘high priority’ project on Council’s adopted 2019-2020 Strategic Planning Works Program. The recommended finalisation of the PP and DCP Chapter will see the introduction of a Heritage Conservation Area and changes to building height and zoning of several sites in the LEP and also the introduction of complementary urban design DCP controls. This package of controls will help guide future development and assist in maintaining the recognised character of the area, whilst encouraging a mix of densities and high-quality housing close to the Nowra CBD. It will also establish a clear policy direction for the area, providing more certainty to landowners and developers.

Financial Implications Finalisation of the amendments to the Shoalhaven LEP 2014 and Shoalhaven DCP 2014 will continue to be resourced within the existing Strategic Planning budget. DE20.9

Risk Implications If the proposed amendments to the Shoalhaven LEP 2014 and Shoalhaven DCP 2014 do not proceed, there is a risk that the recognised character of the Nowra CBD fringe area will not be considered in the development process, and substantially intact streetscapes and evidence of key historic periods may continue to be lost or damaged.

Conclusions Whilst it is acknowledged that the submissions received would prefer to see stronger controls for older homes and buildings, this could only occur via additional individual LEP heritage listings within the subject area. This general desire to retain the existing is acknowledged; however, just because something is older does not necessarily mean it has heritage value. The character of an overall area also does not relate solely to or rely on the nature of existing built form. As detailed in the background studies, character comes from different elements that can be grouped into three domains: • The underlying landform – geology, topography etc. • The urban structure – street pattern and width, nature of blocks and lots etc. • The buildings – type, height, roof form, materials and importantly the quality/character of the public private interface (how do they address the street?). Character is identified simply on the DPIE website as what makes a neighbourhood distinctive and is the identity of the place. It encompasses the way a place looks and feels. It is created by a combination of land, people, built environment, history, culture and tradition, both Aboriginal and non-Aboriginal, and it looks at how they interact to create an area's distinctive character.

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The current proposed package of controls seeks to ensure that future development in the area considers, and is designed to respond appropriately to, the character of the Nowra CBD Fringe area. The controls aim to assist the maintenance of the character of the area, whist also encouraging a mix of densities and high quality housing given the existing underlying zones and proximity to the Nowra CBD (an identified regional centre). If the proposed amendments to the Shoalhaven LEP 2014 and Shoalhaven DCP 2014 do not proceed, there is a risk that the recognised character of the Nowra CBD fringe area will not be considered in the development process, and substantially intact streetscapes and evidence of key historic periods may continue to be lost or damaged. It is recommended that the proposed PP and DCP Chapter proceed to finalisation to enable a balanced outcome in this regard.

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DE20.10 Exhibition Outcome - Proposed Finalisation - Planning Proposal (PP046) - Appleberry Close, Meroo Meadow

HPERM Ref: D20/5659

Section: Strategic Planning Approver: Phil Costello, Director Planning Environment & Development Group

Reason for Report Report the public exhibition outcomes and enable the finalisation of the Planning Proposal (PP) that seeks to amend Clause 4.1G of Shoalhaven Local Environmental Plan (LEP) 2014 to enable a boundary adjustment between Lots 21 and 22 DP 1113675 and Lot 202 DP

1180659, whilst ensuring no additional lots or dwelling entitlements are created as a result.

Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt Planning Proposal (PP046) as exhibited, and using Council’s delegation, forward the Planning Proposal to the NSW Parliamentary Counsel’s Office instructing them to draft the required amendment to Shoalhaven LEP 2014 under Section 3.36 of the NSW Environmental Planning and Assessment Act 1979. DE20.10 2. Advise the proponent and surrounding landowners of the resolution and upon notification of the LEP Amendment.

Options 1. Adopt the recommendation and finalise the PP as exhibited. Implications: The option is preferred as it will allow the PP to progress to finalisation. It is noted that no submissions were received during the PP public exhibition period indicating general support for the proposal.

2. Adopt an alternative or revised recommendation. Implications: This will depend on the extent of any changes and could delay the PP or stop the PP entirely.

Background Prior to the adoption of the Nowra-Bomaderry Structure Plan (NBSP) in 2007, the subject land (Figure 1) was originally part of a road corridor for the proposed “Northern Industrial Road”. This road was intended to provide a new future road for industrial traffic to avoid the residential areas of Bomaderry and a perimeter road for the residential area north of Edwards Avenue and east of Meroo Road.

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DE20.10 Figure 1: The Subject Land - Lots 21 and 22 DP 1113675 and part of Lot 202 DP 1180659

The NBSP process reconsidered the suitability of adjoining rural land, which is flood affected, and the need for the proposed road. The adopted NBSP did not include the “Northern Industrial Road” and identified the land as a “Scenic Protection Area”. The subdivision and dwellings on Lots 21 and 22 were subsequently approved. The decision not to proceed with the “Northern Industrial Road” did not, however, resolve the awkward geometry of these lots, nor did it provide road access to them. At the time, these issues were resolved by easements over the adjoining rural land (Lot 202). This PP seeks to amend the LEP to specifically allow a boundary adjustment in this circumstance so that each of the existing residential lots will own its access handle and private open space, as opposed to it being located on land in another ownership as is currently the case.

Community Engagement The PP was publicly exhibited from Wednesday 23 October to until Thursday 19 December 2019 (inclusive) at Council’s City Administration Centre (Bridge Road, Nowra) during business hours. The exhibition period was in excess of the required minimum twenty-eight (28) days set in the Gateway determination to ensure that all its requirements were satisfied, specifically condition 1 regarding the requirement to remove superseded State Environmental Planning Policies from the PP (note this change does not amend the intent of the PP). The exhibition material remains available on Council’s website under ‘Planning documents on exhibition’ and includes the: • Planning Proposal. • Explanatory Statement. • Gateway Determination.

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• Newspaper Advertisement. At the conclusion of the exhibition period, and at the time of writing this report, no submissions have been received. As such the PP can proceed to finalisation.

Policy Implications The PP seeks to amend Clause 4.1G of Shoalhaven LEP 2014 to enable a boundary adjustment so that the specified residential lots will own their access handle and private open space. No additional lots or dwelling entitlements will be created as a result of the proposed amendment.

Financial Implications This is a minor proponent-initiated PP and the proponent has paid the relevant fees/charges to cover the Council staff time in finalising this matter.

Conclusion The PP, if adopted, will ultimately amend Clause 4.1G of Shoalhaven LEP 2014 to enable a boundary adjustment so that the specified residential lots (two) will own their access handle and private open space, as opposed to it being located on land in another ownership as is

currently the case. DE20.10 It is recommended that Council adopt the PP as exhibited and forward it to the NSW Parliamentary Counsel’s Office to enable the finalisation of the resulting LEP amendment.

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DE20.11 Quarterly Review for Compliance Matters

HPERM Ref: D20/3561

Section: Building & Compliance Services Approver: Phil Costello, Director Planning Environment & Development Group

Attachments: 1. List of penalties issued 1 October 2019 to 31 December 2019 ⇩

Reason for Report At Council’s Ordinary meeting held on 13 November 2018 it was resolved to receive a detailed quarterly report on compliance activities (MIN18.907). This report provides information on the period October to December 2019 (second quarter

2019/2020).

Recommendation (Item to be determined under delegated authority) That Council receive the quarterly report on compliance matters for information.

Options

1. Council receive the report for information. DE20.11 Implications: Nil 2. Council receives the report and provides additional direction for future reports. Implications: Any changes or additional matters can be added to future reports.

Report Compliance activities are completed by the following Teams within the Planning, Environment and Development Group: (a) Compliance Team: Development compliance matters including unauthorised development, development not in accordance with development consent, land and water pollution incidents (including building sites), land use management issues, fire safety and swimming pool safety issues. (b) Environmental Health: Pollution incidents (noise and water), environmental incidents, food shops and the operation of on-site sewage waste management facilities. (c) Parking: All parking offences. (d) Rangers: Animal control, littering, unauthorised camping, rubbish dumping and other environmental offences. This report provides Councillors with an update on the penalties issued (number, type and ticket value), penalty reviews dealt with by the Review Panel and any Local or Land and Environment Court matters determined or progressing. This report relates to compliance actions from 1 October to 31 December 2019 (second quarter). 1.0 Penalties issued during the period A combined total of 1450 penalty notices were issued by the Teams during the period. These penalties have a face value of $453,300. Historically Council stands to receive approximately 70% of this ticketed figure. A total of 421 cautions were also issued during the

Development & Environment Committee – Tuesday 04 February 2020 Page 35 period. Attachment 1 to this report provides a breakdown of the penalties and cautions issued. The following is a summary of the penalties issued for each team:

Team Oct – Dec 2019 Number Total % of total Cautions Issued Amount amount issued

Compliance 58 $152,430 33.6% 285

Compliance – Fire Safety 7 $15,500 3.4% 1

Compliance – Pools 10 $5,060 1.1% 5

Environmental Health 2 $8,880 1.9% 0

Rangers – Animal issues 95 $37,680 8.3% 38

Rangers – Environmental issues 32 $17,630 3.8% 1

Parking 1,244 $215,290 47.5% 90

Sewer Management Facility 2 $830 0.4% 1

Total 1,450 $453,300 100% 421 DE20.11

Penalties related to Compliance issues The following details are provided in relation to the 58 compliance penalty notices issued in this quarter: (a) : Two penalty notices were issued to the Plumber who undertook unauthorised works including the installation of a pump out septic system and installation of plumbing and drainage associated with toilet and shower facilities. The penalties related to: Not provide work plan to plumbing regulator – sanitary drainage system - $550 Not provide notice of work to plumbing regulator - $550 Three penalty notices were issued to the owner for failure to comply with terms of development control order (Corporation - $6,000 each). The order directed the owners to stop using the property as a function centre in addition to other unauthorised activities. The property owners made a business decision to continue to hold weddings at the property. (b) : Two penalty notices were issued to two contractors for the unauthorised construction of buildings on the property without a construction certificate being issued by a certifying authority. The penalties related to: Development without development consent – any other case – company - $6,000. Build without construction certificate - any other case – Corporation - $6000 (c) : Two penalty notices issued to the owners for the unauthorised conversion of a garage to a habitable room. The property is advertised on Airbnb and it indicates it is also available for weddings. The penalties related to: Development without development consent – class 1a or 10 building – Corporation - $3000 Operate sewage management system otherwise than as approved – $330

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(d) Tomerong: Council issued orders to have an unauthorised shed demolished and this was not complied with. A $3000 penalty notice was issued to the owner of the premises. (e) : Six penalty notices were issued to the owner of the premises. The matter relates to the completion of a considerable amount of unauthorised works at the property. The unauthorised works are located within the approved shed. The penalties related to: Development not in accordance with consent - class 1 or 10 building – Individual - $1500 (2 penalty notices). Not ensure smoke alarms in any storey with/without bedrooms – Individual - $200 Do plumbing and drainage work when not authorised – Individual – $1100 Plumbing and drainage work not comply with standards – Individual - $1100 Fail to provide sanitary drainage system plan to plumbing regulator – Individual - $1100 (f) Berry: Penalty notices were issued to the owner and the contractor for carrying out unauthorised renovation works to an existing shed. The owner was penalised for allowing the works to proceed whilst a development control order was in place. There have been a number of similar breaches undertaken at the property during a time when a Building Information Certificate application and Development Application are still yet to be determined. The penalties related to:

Development without Consent Class 1a or 10 Building – individual - $1500 DE20.11 (contractor) Fail to comply with terms of development control order – individual - $3000 (g) Brooman: This matter related to an unauthorised Rave Party. Council was assisted by the police in this investigation. The investigation revealed a large temporary stage had been constructed at the premises. It was estimated there were approximately 1000 people in attendance at the Rave Party. Council issued the owners of the premises with penalty notices for development without consent and for carrying out development forbidden on the land ($6000 for each offence). (h) Worrowing Heights: This relates to numerous unauthorised development activities on the property. Both owners are considered complicit in this matter authorising and undertaking large scale unauthorised development. The owner had attended a prelodgement meeting and was advised what was needed to occur to run a function centre. The owner ignored the advice and proceeded with the development. The unauthorised development consists of (but not restricted to): • Unauthorised use of the premises as a wedding venue • Unauthorised conversion of part of an existing farm shed to a common room for the camping ground • Unauthorised camping ground with “glamping” tents • Unauthorised bar/food preparation area • Unauthorised shipping container • Conducting a commercial wedding function contrary to Stop Use Order A total of 28 penalty notices were issued and these related to:

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Carry out development forbidden on land - any other case – Individual - $3000 Development without consent – any other case – Individual - $3000 (10 penalty notices) Do plumbing and drainage work when not authorised - $1100 (7 penalty notices) Owner fails to maintain essential fire safety measures – Individual - $3000 (5 penalty notices) Residential pool without a complying barrier – Owner - $550 Owner of Class 10b building did not ensure smoke alarms fitted – Individual - $300 Development without development consent - class 1a or 10 building – Individual - $1500 (3 penalty notices) (i) Kangaroo Valley: Council investigated a complaint in relation to weddings, functions and events occurring at the property. The complainant provided Council with a detailed brief of the activities that were being undertaken. The unauthorised activities included the demolition and rebuild of a large barn type structure, a breach of Council order to stop works and the unauthorised use of a shipping container. A total of four penalty notices were issued and these related to: Development without development consent Class 1a or 10 Building 4.2(1) (a) – Corporation - $3000 (2 penalty notices) Fail to comply with the terms of a Development Control Order 9.37(2) – Corporation -

$6000 DE20.11 Development without development consent any other case 4.2(1) (a) – Corporation - $6000 (j) Nowra: Following a fire at the site, preliminary testing confirmed the presence of friable asbestos. Councils Officer issued an emergency prevention notice requiring the site to be secured and that a qualified occupational hygienist be engaged to provide Council with a report. The owners did not comply with the prevention notice and two penalties were issued (each $4000). (k) Cambewarra: Penalty notices were issued to the contractor who completed unauthorised development at the premises. The development relates to the construction of a tennis cabana, storage shed, large roof structure over a veranda and the construction of a driveway and hard stance area. The penalty notices related to: Development without development consent – class 1a or 10 building - $1500 (3 penalty notices) Development without development consent – any other case ($3000) (l) Bomaderry: Council received a complaint concerning a swimming pool located at the premises that did not have a child safety barrier. The investigation revealed that the swimming pool was accessible from the road frontage and no construction certificate had been issued for the development. The penalty notices related to: Development not accordance with consent class 1a/10 building – Individual - $1500 Commence building without construction certificate – class 1a/10 building – Individual - $1500 Commence building no principal certifying authority – class 1a/10 building – Individual - $1500

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Commence building not notify inspection required – class 1a/10 building – Individual - $1500 Warnings related to Compliance issues A total of 285 warning notices were issued for compliance matters in the period. These warnings equate to $518,920 in penalty notice face value. The caution rate is approximately 79.6%. Penalty infringement panel reviews During the period, the review panel met on 11 October and 27 November 2019. There were twenty-two (22) penalty infringement appeals considered during this period. (a) Development without development consent – any other case – Corporation - $6,000 (1 penalty notice) and Development without development consent – class 1a or 10 building – Corporation - $3000 (2 penalty notices) The contractor who completed large scale unauthorised development at Cambewarra requested a review of the three penalty notices issued. The contractor had come to

Councils attention previously and was fully aware of the legislative requirements. Council has shown leniency in this matter by also issuing two (2) warning notices. The panel convened on 11 October 2019 and determined the penalties should stand. (b) Development without development consent – class 1a or 10 building – $1500 (8 penalty notices) and Development without development consent – any other case –

$3000 (3 penalty notices) DE20.11 The owner of the same property listed above requested a review of the eleven penalty notices issued to them. The property owner permitted the large scale unauthorised development to proceed and directed the contractors in this matter. Council has shown leniency in this matter by also issuing eleven (11) warning notices. The panel convened on 11 October 2019 and determined the penalties should stand. (c) Development without development consent – any other case – Individual - $3,000 This matter related to the unauthorised construction of a Dam on the owner’s property located in Wandandian. Council staff had shown leniency by issuing a single penalty notice to one owner and two warning notices; one each to the contractor and the other owner of the property. The owner’s submission made reference to the lack of information on Councils web site in relation to dams and to the fact that they are retired and on a modest income. The panel considered the matter on 27 November 2019 and agreed an official caution was warranted. The expense of legalising and upgrading the unauthorised dam is considered penalty enough. The penalty notice was withdrawn, and a formal caution has been issued. (d) Development not in accordance with consent - class 1 or 10 building – Individual - $1500 (2 penalty notices), Owner class 1 building not ensure smoke alarms in any storey with/without bedrooms – Individual - $200, Plumbing and drainage work not comply with standards – Individual - $1100, Do plumbing and drainage work when not authorised – Individual – $1100 and Fail to provide sanitary drainage system plan to plumbing regulator – Individual - $1100 The penalty notices subject to review related to unauthorised construction conducted by the owner on a property located in Worrowing Heights. The owner had completed considerable unauthorised works at the property. The unauthorised development has

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been undertaken to allow the owner to occupy the structure. The structure is located within a Bush Fire Prone Land and it was identified as BAL-Flame Zone. Council has shown leniency in this matter by also issuing four (4) warning notices. The panel convened on 27 November 2019 and determined the penalties should stand. (e) Development not accord consent – class 1a or 10 building – Corporation - $3000 The demolition of the dwelling commenced by the contractor without meeting the requirements of the consent conditions. The contractor made a business decision not to comply with the development consent conditions and remove the asbestos. In doing so the contractor had not tested the materials to ascertain the presence of asbestos and he did not afford the neighbours the required notification period. The panel convened on 27 November 2019 and determined the penalty should stand.

Activities by Ranger Services

a) Illegal Dumping: One penalty notice for $2000 was issued for dumping 500 kg of household and general waste (Styrofoam, packaging etc.) along Road, Mundamia. The perpetrator was also ordered to clean up the waste and disposed of it to the Nowra Waste Facility. b) Illegal Dumping: One penalty notice for $2000 was issued for the dumping 20 bags of

household waste dumped along Meroo Road, Bomaderry. The perpetrator was DE20.11 ordered to clean up the waste and disposed of it to the Nowra Waste Facility. c) Uncovered Loads Education Operation: In November 2019, funding obtained through the Southern Region Waste Program was utilised to conduct an “Uncovered Loads Education Operation” at the Waste Facility Weighbridge. A total of 96 waste transporters were spoken to and provided education on the lawful and safe way to transport waste in compliance with legislation. Of the 96 loads, there were 15 instances where loads were deemed unsuitable due to being uncovered or not correctly secured. Each of the 15 drivers received formal warnings. d) Abandoned vehicles: Ranger Services are experiencing on going issues with abandoned vehicles within public places. This has resulted in Rangers issuing nine $550 penalty notices to owners for abandoned vehicle in a public place. All vehicles have been sent to scrap metal at no cost to Council. e) Illegal Beach Fire: During an early morning routine beach patrol of Abraham Bosom Beach Reserve at Currarong, Rangers observed an unattended beach fire. On that day the Rural Fire Service had issued a severe weather warning and a total fire ban was in force. Rangers located the offender nearby illegally camping in the beach reserve. The offender was directed to extinguish the fire, remove and dispose of all belongings and rubbish from the beach. A $2200 penalty notice was issued for the offence of lighting a fire during a total fire ban. f) Pet Expo: Animal Shelter Staff and Rangers held the inaugural “Shoalhaven Pet Expo” at Nowra Showground on 13 October 2019. The Pet Expo celebrated all things related to pet ownership including the services provided by local businesses. Pets were also welcomed on the day. The one-day event was well received, and it brought many visitors to the region. The event promoted local animal focused businesses, animal rescues, retail stalls and food vendors.

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g) A new barking dog procedure: Ranger Services reviewed its process in relation to barking dog complaints. The review included: • consultation with external parties, • developing a procedure based on best practice models, • an update of the website content, • an information guide for affected neighbours, • creation of sample letters to assist aggrieved residents to contact their neighbours, • the development of flyers; • an update on Council’s “Information for dog owner’s guide”; and • a revised barking dog diary. It is estimated that following the implementation of the process improvement, Ranger

Services has been able to reduce the time spent by staff dealing with complaints by up to 80%. Details of the refined process can be found on the website https://shoalhaven.nsw.gov.au/My-Property/Pet-ownership/Barking-Dogs h) Beach Patrols: Rangers have completed 1067 beach patrols during this quarter. A total of 152 dog owners have been spoken to about the need for keeping dogs on a leash. A total of 22 penalty notices have been issued and 95 warnings given.

In response to ongoing complaints regarding dogs not under effective control in DE20.11 Walmer Avenue, , a total of 106 patrols were undertaken in this area resulting in 10 formal cautions and 5 penalty notices issued. Council’s Ranger has also spoken to the complainant on several occasions advising them on the patrols and the outcome. Local Court matters (a) Godoinivich – Court elected penalty notice for failure to comply with the terms of a demolition works order (Jerberra Estate): - This matter was mentioned in the Local Court on 11 October 2019. It has been set down for hearing on 15 April 2020. (b) DeBattista – Tree removal at Anson Street, St Georges Basin: - The prosecution of this matter concluded on 24 January 2020. The judgement will be given 19 February 2020

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LOCAL GOVERNMENT AMENDMENT (GOVERNANCE & PLANNING) ACT 2016

Chapter 3, Section 8A Guiding principles for councils (1) Exercise of functions generally The following general principles apply to the exercise of functions by councils: (a) Councils should provide strong and effective representation, leadership, planning and decision-making. (b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers. (c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community. (d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements. (e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community. (f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way. (g) Councils should work with others to secure appropriate services for local community needs. (h) Councils should act fairly, ethically and without bias in the interests of the local community. (i) Councils should be responsible employers and provide a consultative and supportive working environment for staff. (2) Decision-making The following principles apply to decision-making by councils (subject to any other applicable law): (a) Councils should recognise diverse local community needs and interests. (b) Councils should consider social justice principles. (c) Councils should consider the long term and cumulative effects of actions on future generations. (d) Councils should consider the principles of ecologically sustainable development. (e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions. (3) Community participation Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

Chapter 3, Section 8B Principles of sound financial management The following principles of sound financial management apply to councils: (a) Council spending should be responsible and sustainable, aligning general revenue and expenses. (b) Councils should invest in responsible and sustainable infrastructure for the benefit of the local community. (c) Councils should have effective financial and asset management, including sound policies and processes for the following: (i) performance management and reporting, (ii) asset maintenance and enhancement, (iii) funding decisions, (iv) risk management practices. (d) Councils should have regard to achieving intergenerational equity, including ensuring the following: (i) policy decisions are made after considering their financial effects on future generations, (ii) the current generation funds the cost of its services

Development & Environment Committee – Tuesday 04 February 2020 Page 50

Chapter 3, 8C Integrated planning and reporting principles that apply to councils The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils: (a) Councils should identify and prioritise key local community needs and aspirations and consider regional priorities. (b) Councils should identify strategic goals to meet those needs and aspirations. (c) Councils should develop activities, and prioritise actions, to work towards the strategic goals. (d) Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources. (e) Councils should regularly review and evaluate progress towards achieving strategic goals. (f) Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals. (g) Councils should collaborate with others to maximise achievement of strategic goals. (h) Councils should manage risks to the local community or area or to the council effectively and proactively. (i) Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.