SHOALHAVEN CITY COUNCIL SPECIAL DEVELOPMENT COMMITTEE To be held on Wednesday, 17 July, 2013 Commencing at 4.00 pm. 11 July, 2013 Councillors, NOTICE OF MEETING You are hereby requested to attend a meeting of the Development Committee of the Council of the City of Shoalhaven, to be held in Council Chambers, City Administrative Centre, Bridge Road, Nowra on Wednesday, 17 July, 2013 commencing at 4.00 pm for consideration of the following business. R D Pigg General Manager Membership (Quorum – 5) Clr White – Chairperson All Councillors General Manager or nominee (Assistant General Manager) BUSINESS OF MEETING 1. Apologies 2. Declarations of Interest 3. Deputations 4. Report of the General Manager Planning and Development – Draft Shoalhaven LEP 2013 – Consideration of Submissions – Post re-exhibition 5. Addendum Reports Note: The attention of Councillors is drawn to the resolution MIN08.907 which states: a) That in any circumstances where a DA is called-in by Council for determination, then as a matter of policy, Council include its reasons for doing so in the resolution. b) That Council adopt as policy, that Councillor voting in Development Committee meeting be recorded in the minutes. c) That Council adopt as policy that it will record the reasons for decisions involving applications for significant variations to Council policies, DCP’s or other development standards, whether the decision is either approval of the variation or refusal. Note: The attention of Councillors is drawn to Section 451 of the Local Government Act and Regulations and Code of Conduct regarding the requirements to declare pecuniary and non- pecuniary Interest in matters before Council. Cell Phones: Council’s Code of Meeting Practice states that “All cell phones are to be turned off for the duration of the meeting”. LOCAL GOVERNMENT ACT 1993 Chapter 3 Section 8(1) - The Council’s Charter (1) The council has the following charter: • to provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively • to exercise community leadership • to exercise its functions in a manner that is consistent with and actively promotes the principles of multiculturalism • to promote and to provide and plan for the needs of children • to properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development • to have regard to the long term and cumulative effects of its decisions • to bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible • to facilitate the involvement of councillors, members of the public, users of facilities and services and council staff in the development, improvement and co-ordination of local government • to raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants • to keep the local community and the State government (and through it, the wider community) informed about its activities • to ensure that, in the exercise of its regulatory functions, it acts consistently and without bias, particularly where an activity of the council is affected • to be a responsible employer. REPORT OF GENERAL MANAGER SPECIAL DEVELOPMENT COMMITTEE WEDNESDAY, 17 JULY 2013 PLANNING AND DEVELOPMENT 1. Draft Shoalhaven Local Environmental Plan 2013 - Consideration of Submissions - Post Re-Exhibition File 33363E & 45262E (PDR) PURPOSE: Delivery Program Activity: 2.2.1.9 The purpose of this report is to: • Consider the submissions received in relation to draft Shoalhaven Local Environmental Plan (LEP) 2013 re-exhibition; • Consider necessary changes as a result of the consideration of the submissions; • Adoption of the draft Shoalhaven LEP 2013 (with any changes); and • Submit the adopted draft LEP to the Director General of the Department of Planning and Infrastructure (DP&I) under Section 68 of the Environmental Planning and Assessment Act 1979 (EP&A Act) requesting commencement. RECOMMENDED that Council: a) Consider the matters in this Special Development Committee Report generally in the context of the adopted “ground rules” and the “best fit” transfer approach to draft Shoalhaven LEP 2013; and b) Consider the individual preferred options/changes to draft Shoalhaven LEP 2013 as set out in the sections of this report via the successive recommendations. OPTIONS 1. Consider the matters raised in the submissions on draft Shoalhaven LEP 2013 as set out in each section of this report and make required changes to the plan as part of its finalisation. Comment: This approach is preferable for the following reasons: • the number and complexity of the issues arising from the re-exhibition period warrant detailed consideration; • the EP&A Act requires consideration of all submissions received and report(s) to the relevant planning authority (which in this case is Council); and Special Development Committee-17 July 2013 Page 1 • it allows all stakeholder input to be discussed and considered, in the context of the overall “best fit” transfer approach and the finalisation of the plan. 2. Adopt the draft Shoalhaven LEP 2013 as re-exhibited. Comment: The re-exhibition of draft Shoalhaven LEP 2013 demonstrated that there is still significant community interest in the draft Plan with 702 submissions received. This approach to the consideration of the submissions may not: • satisfy legislative requirements; • allow all submissions to be adequately considered; or • provide opportunity for ongoing community/stakeholder involvement in this part of the process. It is important that there is transparency in dealing with the submissions received and in the finalisation of the plan. DETAILS Special Development Committee Meeting Process/Structure As resolved on 21 May 2013, this single report will be considered by the Special Development Committee over a number of dates. The Special Development Committee has been granted delegated authority so that the decisions of this committee are considered to be resolutions of Council. This approach will enable the efficient and timely consideration of the submissions and finalisation of the plan. Additional meetings may need to be scheduled should the consideration of this report not be completed via the six scheduled meetings. Copies of the submissions received are available to Councillors in the Councillors’ rooms and at the Special Development Committee Meetings. Pecuniary and Non Pecuniary Interests Due to the need to consider and manage pecuniary and non pecuniary interest issues, the report has been formatted so that each key issue can be considered separately to allow Councillors to declare an interest and determine if they will still take part in discussion and voting on an issue if necessary. Therefore, individual decisions on the proposed changes to draft LEP 2013 will be required. Total Number of Submissions The total number of individual submissions received is 702; however, a number of individuals or groups made multiple submissions i.e. four separate submissions on four separate issues or multiple submissions on one topic. For reporting purposes, multiple submissions received by an individual have been counted as one submission, with a series of multiple issues to be addressed. Therefore, the total number of individuals or bodies that made submissions is 562. Following is a breakdown of the submissions: Special Development Committee-17 July 2013 Page 2 TYPE Number Individual 467 Petitions 1 Local, State & Federal Agencies 19 Rezoning Requests 41 CCB’s & other community groups 31 Internal 3 Total 562 Consideration of submissions In considering the submissions received Council will need to consider the significance of any potential change to avoid the need to exhibit the plan for a third time. It is important to take into account whether the change is likely to advantage or disadvantage an individual/group and whether the individual/group would have likely commented should they have had the opportunity to. Changes that are not likely to require re-exhibition: 1. Where a change was made after the initial exhibition and as a result of the consideration of submissions, Council decides to revert back to the originally exhibited zone/control e.g reverting back to the originally exhibited zone where a change was made as the result of a rezoning request. 2. Where the change is minor, has merit and is unlikely to disadvantage anyone e.g. changing a parcel of land that has been acquired by National Parks to an E1 National Parks and Nature Reserves zone. Changes that could potentially trigger the need to re-exhibit: 1. Spot rezonings. 2. Major changes to map overlays. Where there is a major change that has merit and Council wishes to pursue the change, it is recommended that these “parked” for separate consideration after the completion of draft LEP 2013. Three submissions specifically referred to the consideration of submissions and requested that the new Council not follow the ad-hoc decision making process of its predecessors and become a more inclusive representative of the Shoalhaven community. As such, Councillors may wish to consider these comments when considering the issues outlined in the following sections. Special