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 Development & Environment Committee – Tuesday 04 February 2020 Page ii 9. Confidential Reports Nil Development & Environment Committee – Tuesday 04 February 2020 Page iii 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 Minutes Confirmed Tuesday 4 February 2020 – Chairperson .............................................. Minutes of the Development & Environment Committee 20 January 2020 Page 2 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: Minutes Confirmed Tuesday 4 February 2020 – Chairperson .............................................. Minutes of the Development & Environment Committee 20 January 2020 Page 3 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