Shoalhaven City Council Development & Environment Committee Meeting Date: Tuesday, 07 May, 2019 Location: Council Chambers, City Administrative Building, Bridge Road, Nowra Time: 5.00pm Membership (Quorum - 5) Clr Joanna Gash - Chairperson Clr Greg Watson All Councillors General Manager 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 - 2 April 2019 ............................................ 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 DE19.26 Outcomes - Shoalhaven Local Heritage Assistance Fund 2018-2019 ......... 9 DE19.27 Proposed Amendment - Shoalhaven Development Control Plan 2014 - Low Density Residential .......................................................................... 22 DE19.28 Proposed Review - Shoalhaven LEP 2014 - Clause 2.8 Temporary Use of Land............................................................................................... 31 Development & Environment Committee – Tuesday 07 May 2019 Page ii DE19.29 Proposed Council Submission - Discussion Paper: Proposed Standard Instrument LEP Local Character Overlay ................................... 34 DE19.30 Public Exhibition Outcomes - Planning Proposal (PP023) - Anson Street, St Georges Basin - Building Heights .............................................. 55 DE19.31 Exhibition Outcomes - Draft Council Policy - Electric Vehicle (EV) Charging Stations on Public Land ............................................................. 81 DE19.32 Proposed Submission - Aboriginal Land Claim No.25421 and Part Claims No.42499, 42454, 42448 and 42485 - Ulladulla ............................. 96 DE19.33 Update - Planning Proposal - Warrah Road, Bangalee ........................... 114 DE19.34 Options - Review of Proposed Service Lane, St Georges Basin Village Centre - Shoalhaven DCP 2014 and Shoalhaven Contributions Plan 2010 .......................................................................... 128 DE19.35 Development Application – SF10671 proposed 2 lot subdivision at Lot 9 DP792386 (no.96) Princes Hwy Milton ................................................. 137 DE19.36 RD18/1007 – 315 Princes Highway Bomaderry – Lot 2 DP 777260 ........ 148 DE19.37 Lake Tabourie Boardwalk Replacement .................................................. 176 DE19.38 Timeframes and Status for Lake Conjola Coastal Management Program Application - NSW Coast and Estuary Grant Program .............. 181 9. Confidential Reports Nil Development & Environment Committee – Tuesday 07 May 2019 Page III Development & Environment Committee Delegation: Pursuant to s377 (1) of the Local Government Act 1993 the Committee is delegated the functions conferred on Council by the Environmental Planning & Assessment Act 1979 (EPA Act), Local Government Act 1993 (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 General Manager 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 General Manager 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: Tuesday, 2 April 2019 Location: Council Chambers, City Administrative Building, Bridge Road, Nowra Time: 5.00pm The following members were present: Clr Amanda Findley Clr Joanna Gash - Chairperson Clr John Wells Clr John Levett Clr Nina Digiglio Clr Annette Alldrick Clr Kaye Gartner Clr Bob Proudfoot Mr Russ Pigg - General Manager Apologies / Leave of Absence Apologies were received from Clr White, Clr Pakes, Clr Kitchener, Clr Guile and Clr Watson. Confirmation of the Minutes RESOLVED (Clr Findley / Clr Digiglio) MIN19.204 That the Minutes of the Development & Environment Committee held on Tuesday 05 March 2019 be confirmed. CARRIED Declarations of Interest Nil Call Over of the Business Paper RESOLVED (Clr Gash / Clr Wells) MIN19.205 That the Chairperson Call Over all the items on the Agenda. CARRIED Minutes Confirmed Tuesday 7 May 2019 – Chairperson ...................................................... Minutes of the Development & Environment Committee 02 April 2019 Page 2 MAYORAL MINUTES Nil DEPUTATIONS AND PRESENTATIONS DE19.18 - Update - Planning Proposal - Lot 4 DP83425, Beach Road, Berry Mr Matt Philpott, representing Allen Price & Scarratts, addressed the meeting and spoke for the recommendation. DE19.21 - Development Application No.18/1844 – 120 Macleans Point Road, Sanctuary Point – Lot 653 DP 27855 Mr Greg Edwards, representing Basin View Forum and Sanctuary Point Community Pride, addressed and spoke against the recommendation. Dr Judith Stubbs, representing the owners of the land, addressed the meeting and spoke to the recommendation. DE19.24 - Further Update - Possible Heritage Listing - Former Huskisson Anglican Church Dr Shirley Fitzgerald addressed the meeting and spoke for the heritage listing. Mr Ian Deck, representing the Anglican Church, addressed the meeting and spoke against the recommendation. Mr Stephen Bartlett, representing Kamsley Pty Ltd, addressed the meeting and spoke against the recommendation. Procedural Motion - Bring Item Forward RESOLVED (Clr Wells / Clr Digiglio) MIN19.206 That the following matters be brought forward for consideration: • DE19.18 - Update - Planning Proposal - Lot 4 DP83425, Beach Road, Berry • DE19.21 - Development Application No.18/1844 – 120 Macleans Point Road, Sanctuary Point – Lot 653 DP 27855 • DE19.24 - Further Update - Possible Heritage Listing - Former Huskisson Anglican Church CARRIED REPORTS DE19.18 Update - Planning Proposal - Lot 4 DP83425, Beach HPERM Ref: Road, Berry D19/40102 Recommendation (Item to be determined under delegated authority) That Council: 1. Amend the Planning Proposal (PP) for Lot 4 DP83425, Beach Road, Berry to: a. Reflect the revised maps provided with the report; and Minutes Confirmed Tuesday 7 May 2019 – Chairperson ...................................................... Minutes of the Development & Environment Committee 02 April 2019 Page 3 b. List the Aboriginal Scarred Tree identified on the site as an item of Aboriginal Heritage 2. Submit the revised PP to the NSW Department of Planning and Environment for consideration as required by the Gateway determination. 3. Undertake the necessary Government Agency consultation prior to public exhibition as required by the Gateway determination. 4. Prepare