Shoalhaven City Council MINUTES OF THE ORDINARY MEETING Meeting Date: Tuesday, 28 April 2020 Location: Council Chambers, City Administrative Building, Bridge Road, Nowra Time: 5.00pm The following members were present: Clr Amanda Findley – Chairperson – (Remotely) Clr Joanna Gash Clr John Wells Clr Patricia White Clr Kaye Gartner – (Remotely) Clr Nina Digiglio – (Remotely) Clr Annette Alldrick – (Remotely) Clr John Levett – (Remotely) Clr Andrew Guile – (Remotely) Clr Mitchell Pakes Clr Greg Watson Clr Mark Kitchener – (Remotely) Clr Bob Proudfoot The meeting was opened by an Acknowledgement of Traditional Custodians by the Chairperson, followed with an acknowledgement from Rev Dr. Matthew Wilson, Nowra Uniting Church and the playing of the Australian National Anthem. Apologies / Leave of Absence Nil Confirmation of the Minutes RESOLVED (Clr Guile / Clr Pakes) MIN20.271 That the Minutes of the Ordinary Meeting held on Tuesday 24 March 2020 be confirmed with the following correction: At the bottom of Page 9 in relation to the Rescission Motion, should read: “The Mayor stated that a Rescission Motion on the item had been received though none could be produced.” FOR: Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot AGAINST: Clr Findley, Clr Gash, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett CARRIED Minutes Confirmed Tuesday 16 May 2020 – Chairperson .................................................... Minutes of the Ordinary Meeting 28 April 2020 Page 2 RESOLVED (Clr Guile / Clr Pakes) MIN20.272 That That the Minutes of the Extra Ordinary Meeting of Ordinary Meeting held on Tuesday 07 April 2020 be confirmed. CARRIED Declarations of Interest Clr Kitchener – CL20.75 - Rescission Motion - DE20.25 Development Application – Lake View Drive Burrill Lake – Lot A DP21307 – and subsequent Notice of Motion CL20.76 - significant non pecuniary interest declaration – He is a participant and has friends as part of the Mollymook Outriggers who have an interest in this matter – will leave the room and will not take part in discussion or vote. Mr Stephen Dunshea – CL20.71 - Development Application – 83 Quay Road, Callala Beach – Lot 17 Sec N DP 818 – Less than significant non-pecuniary Interest declaration – he lives on the same street as the proposed development – Will remain in the room and take part in discussion. Call Over of the Business Paper The following items including all of the Rescission Motions and Notice of Motions were called up for debate: CL20.69, CL20.70, CL20.71, CL20.72, CL20.73, CL20.74, CL20.75, CL20.76, CL20.45, CL20.77, CL20.78, CL20.79; CL20.80, CL20.81, SA20.33, SA20.53, AB20.10, IA20.5, CL20.89, CL20.92, CL20.93, CL20.95, CL20.59, CL20.98, CL20.99, CCL20.4. The remaining items were resolved en bloc (Clr Gartner/Clr Proudfoot) at this time. They are marked with an asterisk(*) in these Minutes. PRESENTATIONS OF PETITIONS Presentation of Petitions Clr Gartner presented a petition containing 814 signatures and 135 submission comments which states: We are local residents and deeply concerned about the over development of the Edgewater Motel Burrill Lake. The development of the Edgewater Motel will have adverse impacts on the lake foreshore, vegetation, ecological processes, public access, street parking, neighborhood character, visual amenity, and noise. The scope and scale of the proposal is too large for the site on which it is proposed. It is too high, blocky and without architectural features sympathetic to its site. The development will include a motel, restaurant, pub as well as a 4th floor outdoor roof top terrace which will have a huge impact on noise in the location of Burrill Lake. The proposal will cut off direct pedestrian access to the beach from the highway and other areas to the north-west which has been provided under the new highway bridge. Parking spaces of 75 are the requirements for this proposal, but only 52 are planned. Parking is at a premium for this area for people to access Burrill Lake beach, Holiday Haven Caravan Park and camping areas. Minutes Confirmed Tuesday 26 May 2020 – Chairperson .................................................... Minutes of the Ordinary Meeting 28 April 2020 Page 3 Many residents of Burrill Lake do not want to see our village turned into a Gold Coast. We need these types of developments left to urban areas that already have this type of development, not small villages like Burrill. I urge you to please support us in opposing/objecting to this development. We request Shoalhaven council bring this DA 19/2160 to a full council meeting for determination, due to its size, sensitive location and exceedance of council’s development controls. If we lose, this will set a precedent for similar developments to be built on the foreshore of Burrill Lake. We hope to encourage and get support from our local council to object to the size, scope and many impacts from this development. Please sign our petition. We need 1000+ signatures. http://chng.it/XML5TM9Jhttps://shoalhaven.nsw.gov.au/ DA19/2160 Note: Clr Gartner flagged her intention to raise an urgent item later in the meeting to call in DA19/2160. Procedural Motion - Bring Item Forward RESOLVED (Clr Guile / Clr Pakes) MIN20.273 That the following items be brought forward for consideration following the introduction of Addendum Report: • CL20.98 – Water & Sewerage Headworks Charges Assistance for Developments Policy Update • CL20.89 - Bushfire Recovery Update from Local Recovery Coordinator Mr Vince De Pietro FOR: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot AGAINST: Clr Gartner and Clr Digiglio CARRIED Procedural Motion – Introduction of Addendum RESOLVED (Clr Guile / Clr White) MIN20.274 That the matter of item CL20.99 - COVID 19 & Economic Crisis Financial Assistance be brought forward for consideration. CARRIED ADDENDUM REPORTS CL20.99 COVID 19 & Economic Crisis Financial Assistance HPERM Ref: D20/142664 Recommendation That Council, as a result of the current COVID 19 crisis 1. Waive pre lodgement meeting fees in regard to Development Applications with such fees being categorised as pre-lodgement meeting fees during the currency of the COVID-19 pandemic. The currency of pandemic shall be determined by Council. Minutes Confirmed Tuesday 26 May 2020 – Chairperson .................................................... Minutes of the Ordinary Meeting 28 April 2020 Page 4 2. Discount Development Application lodgement fees by 50% for developments submitted, approved, and completed within 2 years of the date of this resolution. Discounting will be applied upon provision of an Occupation certificate, or the like, and take the form of a refund of 50% of the base development application fee originally paid to Council. Such fees being categorised as development application fee during the currency of the Corona-19 pandemic. The currency of pandemic shall be determined by Council. 3. Prepare an amendment to Shoalhaven Contributions Plan 2019 (the Plan) to adjust the ET rate for boarding houses from 0.4ETs to 0.2ET/bedroom and proceed to exhibition in accordance with legislative requirements. Receive a future report on the draft Housekeeping Amendment Plan to consider any submissions received during exhibition and to finalise the amendment 4. Support the actions otherwise outlined in this report. 5. Note that further reports will be submitted to the Development & Environment Committee and to Council in relation to further aspects of the Council Resolution from 7 April 2020 regarding Council Policy Variation - COVID 19 & Economic Crisis Financial Assistance. RESOLVED (Clr Watson / Clr Guile) MIN20.275 That Council, as a result of the current COVID 19 crisis: 1. Waive pre lodgement meeting fees in regard to Development Applications with such fees being categorised as pre-lodgement meeting fees during the currency of the COVID-19 pandemic. The currency of pandemic shall be determined by Council. 2. Discount Development Application lodgement fees by 50% commencing from 7 April 2020. Such fees being categorised as development application fee during the currency of the COVID-19 pandemic. The currency of pandemic shall be determined by Council. Any refunds required for applications submitted since 7 April 2020 will be made to the person who paid the fees. 3. Prepare an amendment to Shoalhaven Contributions Plan 2019 (the Plan) to adjust the ET rate for boarding houses from 0.4ETs to 0.2ET/bedroom and proceed to exhibition in accordance with legislative requirements. 4. Receive a future report on the draft Housekeeping Amendment Plan to consider any submissions received during exhibition and to finalise the amendment. 5. Further vary policy by the amendment of the previous Council Resolution MIN 20.240 as follows: a. Amending Part 7f. as follows: i. deletion of the words “other than construction jobs” at the end of the part ii. The insertion of the following words at the end of Part 7f “Discounts will not apply to any contribution required for works directly related to a development where public safety is an issue i.e. traffic facilities.” b. The discounted Section 7.11 charges will be applied as a refund following an application for a refund from the owner once the development is approximately 25% complete, c. Any claims for a discount made under the provisions of Part 7f must be made within two years of the issue of an operational Development consent. d. Any proposal that has been approved where development contributions have not yet been paid will qualify for the discount. e. In the event that a property changes ownership, the entitlement to a discount under this policy will remain with the land Minutes Confirmed Tuesday 26 May 2020 – Chairperson .................................................... Minutes of the Ordinary Meeting 28 April 2020 Page 5 f. Should any part of this policy need further adjustment for legal reasons that section be the subject of a further report to the Development Committee or Council.