DUNGOG SHIRE COUNCIL ORDINARY COUNCIL MEETING 21 MARCH 2018 ORDER OF BUSINESS 1. Acknowledgement of Country 2. Apologies 3. Declaration of Interests 4. Confirmation of the Minutes 5. Matters Arising from the Minutes 6. Prayer 7. Ode 8. Mayoral Minute 9. Public Access Session 10. General Manager's Reports by Department requiring Council decision 11. Reports from Committees and Outside Organisations 12. Councillor Reports 13. Notices of Motion 14. Questions With Notice 15. General Managers Reports by Department for Council Information 16. Business of an Urgent Nature which the Council may, by resolution, decide to discuss 17. Closed Council (Confidential Matters) 18. Resumption of Open Council Shaun Chandler A/GENERAL MANAGER REPORTS BY DEPARTMENT REQUIRING COUNCIL DECISION B: 1 B:1 PLANNING DEPARTMENT REPORTS DRAFT AMENDMENT TO DUNGOG LEP 2014 PLANNING PROPOSAL REPORT B1:1 RECLASSIFICATION OF LAND FILE NO: EF14/73 ANNEXURES: Nil AUTHOR: Jacqui Tupper COMMUNITY STRATEGIC Rural & Urban Development - Ensure the heritage and PLAN: streetscapes of our villages are preserved and enhanced 5.4 To improve the appearance and presentation of urban DELIVERY PROGRAM: areas within the LGA, fostering a sense of community pride. OFFICERS RECOMMENDATION: 1. Council authorises the submission of the final Planning Proposal, including any necessary minor amendment, to the Department of Planning and Environment, under Division 3.4 of the Environmental Planning and Assessment Act 1979, and requests the Department to instruct Parliamentary Counsel to prepare the legal instrument. 2. Concurrently, Council requests the Minister for Planning to make an Amendment to the Dungog Local Environmental Plan 2014, in accordance with the final Planning Proposal. Precis: Council resolved at its meeting of the 20 September 2016 to reclassify the Council owned land known as Lot 20 DP 729796, Prince Street Clarence Town from community land to operational land. A Planning Proposal was forwarded to the Department of Planning & Environment and subsequently placed on public exhibition and a public hearing held. This report outlines the submissions received to the public exhibition and the outcomes of the public hearing to reclassify the land and seeks Council endorsement to finalise the Planning Proposal and forward it to the Department of Planning & Environment (DoPE). ************ BACKGROUND Council at its Ordinary Meeting of 20 September 2016 resolved to prepare a draft Local Environmental Plan to reclassify land at Lot 20 DP 729796, Prince Street Clarence Town from community land to operational land. A Planning Proposal was submitted to the Department of Planning & Environment (DoPE) on 18 October 2016 and DoPE issued the Gateway Determination advising that the Planning Proposal may proceed on 4 November 2016. The Gateway Determination required the Planning Proposal to be exhibited for a minimum period of 28 days under sections 56(2)(c) and 57 of the Environmental Planning & Assessment Act 1979 and that no public authority consultation was necessary. In accordance with section 29 of the Local Government Act 1993 (LG Act), a public hearing was held on 25 May 2017 at the Clarence Town School of Arts Hall. An independent Dungog Shire Council Ordinary Meeting Agenda 21 March 2018 B: 2 facilitator was engaged by Council to conduct the hearing and complete the necessary report (Attachment ‘1’). After satisfying the requirements of the Gateway Determination and the requirements of the LG Act, the Planning Proposal along with details of the public submissions, is now provided to Council to determine whether it supports the proposed reclassification. This decision will then be forwarded to DoPE under section 59 of the EP&A Act and if authorised, the legal instrument known as Amendment No. 4 will be made by the Minister for Planning. PROPOSAL The intent of the Planning Proposal for submission to DoPE is to facilitate the reclassification of Lot 20 DP 729796 Prince Street Clarence Town from community land to operational land this would enable the site to be sold and/or redeveloped for purposes other than a community purpose. CONSULTATION Exhibition The proposal was placed on public exhibition from 17 November 2016 to 20 January 2017 with four (4) written submissions being received by Council, one in support and three objecting to the proposed reclassification (Attachment ‘2’). The following is a summary of the points raised in the submissions received by Council including a planning response: Submission Issue raised Comment No. 1, 2 Against the transfer of title to the Clarence Council can determine to reclassify the Town Progress Association (CTPA) and land to operational without determining subsequently the reclassification to to transfer the title operational for this purpose. 1 The argument that the Clarence Town This issue will be addressed in the Courthouse is a financial burden to separate report to Council on the Council does not stand up, and should not potential lease/transfer of the subject be the reason to transfer the title. site 1 It would be wiser for Council to keep the Dungog Council has no strategic plans Clarence Town Courthouse and do the to develop the site proposed development with the resulting income. 1 Concerning that the CTPA have already This is a matter for the CTPA however embarked on designing and developing any future development of the site must ideas for future use on the site. accord to the Conservation Management Plan. 1 It is concerning that the CTPA state that The CTPA is not in a position to lodge a the building works could start before the DA reclassification and transfer of title is complete. 1 The CTPA is obsessed with making Not relevant money, but loathe to part with it. 1, 2 No advantage to the community should The issue of potential transfer of the site the CTPA gain the property at no cost. It to a third party will be dealt with in a is a valuable asset and should remain separate report.to Council community land in Councils hands 2 Questions whether Council intends to This is not a matter for consideration discard the Dungog and Paterson Museums in this manner further decreasing its asset base. Dungog Shire Council Ordinary Meeting Agenda 21 March 2018 B: 3 Submission Issue raised Comment No. 2 Further consideration of the proposal has Noted lead to the Clarence Town & District Historical Museum Association (CT&DHM) rescinding their original letter in support of the proposal s it is not in the best interests of the community. 3 There are no protections of the museum The recently adopted Conservation activities. The CT&DHM have fought hard Management Plan and the sites listing to save the Court house and have on the State Heritage register provide continued to occupy, maintain and make significant protection for the site significant improvements since 1991 3 The CTPA are adamant they will make all This is a matter the decisions and have been planning for the construction of four shops for the NSW Police, a Café, real estate agent and fourth tenant to be acquired. 3 CTPA has accepted consultants for the Future development of the site would planning of the new buildings and will be subject to a Development Application commence construction in July 2017. and accompanied by a Heritage Impact Concern that construction could Statement commence prior to the reclassification and transfer of title. The CTPA have advised that Council has approved the commencement and they did not need to wait for planning to be accepted. 3 The CTPA have advised that a Any demolition at the site would be considered option is to demolish the subject to a development application museums external display building and and Heritage Impact Statement. The toilets/storage amenities. The construction assessment would be guided by the and improvements have been by way of adopted Conservation Management Government grants, community Plan. contributions and donations. Also suggested that the museum will need to forgo some internal display areas. Questions where the museum will house the large displays and small historical items. 3 The agreement between Council and the The nature of any lease agreements and CTPA does not take into account the /or transfer of the subject site to a third future operations of the museum. The party is the subject of a separate report management agreement prepared by the prepared by the Infrastructure and CT&DHM was not signed by the Assets Section CT&DHM as it did not allow for their operations to continue as required and would lead to additional costs to the CT&DHM. 3 States that public members have The issue of any future development on questioned the need for 10 more shops the site will be subject to a Development on the intersection of Grey & Prince Street application Clarence Town. The building adjacent the IGA has a proposal for 3 shops, and diagonally opposite corner has plans for 3 shops and flats. 3 Museum members originally want a single Future development of the site would be small construction on the Courthouse site subject to a Development Application for a single business occupant and and accompanied by a Heritage Impact information centre. Statement 3 The Museum has a petition signed by 418 Noted although the formal petition has community members desiring the not been tabled. Museum members to save the Museum. Dungog Shire Council Ordinary Meeting Agenda 21 March 2018 B: 4 Submission Issue raised Comment No. 3 Strongly suggest that the Council An Independent Public Hearing was organise a community meeting to allow held and the outcomes where made public input. public. in the hearing report 3 There is a possibility of extinguished This issue is required to be resolved interests with the conflict that exists. prior to any gazettal of the site to operational land. 3 Want the Museum to continue and if The public consultation process has necessary pause the process to allow been extensive and due consideration further options to be considered.