Ordinary Meeting

 

 

Meeting Date:     Tuesday, 24 October, 2017

Location:            Council Chambers, City Administrative Building, Bridge Road, Nowra

Time:                   5.00pm

 

 

Membership (Quorum - 7)

All Councillors

 

 

 

Please note: Council’s Code of Meeting Practice permits the electronic recording and broadcast of the proceedings of meetings of the Council which are open to the public. 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.    Acknowledgement of Traditional Custodians

2.    Opening Prayer

3.    Australian National Anthem

4.    Apologies / Leave of Absence

5.    Confirmation of Minutes

·      Extra Ordinary Meeting - 17 October 2017

6.    Declarations of Interest

7.    Presentation of Petitions

8.    Mayoral Minute

9.    Deputations and Presentations

10.  Notices of Motion / Questions on Notice

CL17.281..... Notice of Motion - State / Federal Government - "Cost Shifting"................... 1

11.  Committee Reports

CL17.282..... Report of the Strategy & Assets Committee - 17 October 2017.................... 2

SA17.260.... Notice of Motion - Callala Beach Shared Pathways

SA17.264.... Acquisition - Drainage Easement - Woollamia - Pt Lot 196 DP15266 -10 Pritchard Avenue

SA17.265.... Classification of Land - Lot 310 DP1234415 Kooyonga Close Mollymook Beach

SA17.270.... Additional Item - Shoalhaven Sporting Fees

CL17.283..... Report of the Nowra CBD Revitalisation Strategy Committee - 11 October 2017........................................................................................................................ 4

CBD17.44... Stewart Place Modifications

CBD17.49... Additional Item - Resignation of Sivan Mayhew and Membership appointment

CL17.284..... Report of the Shoalhaven Traffic Committee - 10 October 2017.................. 5

TC17.73...... No Stopping Zone - Intersection North St and Kalang Ave, Ulladulla (PN 3430)

TC17.74...... Proposed No Stopping Zone - Coomea Street Bomaderry (PN 3435)

TC17.75...... Proposed No Stopping Zone Extension - Parson St Ulladulla (PN 3436)

TC17.76...... Proposed Disabled Parking Space - River Rd Reserve Shoalhaven Heads (PN3438)

TC17.77...... Proposed Disabled Parking Space - Community Centre Car Park - Shoalhaven Heads Rd Shoalhaven Heads (PN3439)

12.  Reports

CL17.285..... Investment Report September 2017............................................................ 12

CL17.286..... Register of Pecuniary Interest Returns 1 July 2016 to 30 June 2017......... 15

CL17.287..... NIDS Housing Masterclass - National Housing Conference 2017.............. 26

CL17.288..... Local Government NSW - Annual Conference 2017 - Voting Delegates ... 37

CL17.289..... Donation Request - Restoration Works - Samuel Elyard Paintings - Shoalhaven Historical Society.......................................................................................... 38

CL17.290..... Donation Request - Fellowship of Australian Writers second and Third Prizes - Shoalhaven Literary Award.......................................................................... 45  

CL17.291..... Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266...................................................................................................................... 52

CL17.292..... Shoalhaven Contributions Plan 2010 Review - Update............................... 90    

13.  Confidential Reports               

Nil

 

 

Ordinary Meeting – Tuesday 24 October 2017 Page 1

 

 

CL17.281   Notice of Motion - State / Federal Government - "Cost Shifting"

 

HPERM Ref:       D17/342723

 

Submitted by:    Clr Bob Proudfoot

 

     

 

Purpose / Summary

The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

 

Recommendation That Council staff prepare a report on the areas of significant “cost shifting” from either State or Federal Governments over at least the past ten years.

 

 

Note by the General Manager

To extract reliable data (much of which will be estimates) over a 10 year period will take considerable staff time to research. Council may wish to give an indication on the priority this needs to be given if the Motion is carried.

  

Ordinary Meeting – Tuesday 24 October 2017 Page 2

 

 

CL17.282   Report of the Strategy & Assets Committee - 17 October 2017

 

HPERM Ref:       D17/344567

 

     

 

SA17.260   Notice of Motion - Callala Beach Shared Pathways

HPERM Ref: D17/332618

Recommendation That Council: 1.    Provide $25,000 to the Callala Beach Progress Association for the completion of the Callala Beach to Myola share pathway prior to Christmas 2017. 2.    Funding to be allocated from: a.    $10,000 project allocation 2017/18 Community pathway funding b.    $10,000 project allocation 2018/19 Community pathway funding c.    $  5,000 Quarterly review September d.    Or an alternative revenue source 3.    Council to assist with the survey of the centre line of the path for the construction purposes. 4.    Council thank and congratulate the Callala Beach Progress Association for going above and beyond in making this project a success, with the end result being a truly unique piece of community infrastructure.   Note by the General Manager: Staff have agreed to provide $10,000 under the Community Paths Program in 2017/18 and support provision of $10,000 in 2018/19 to enable the community to finish the path to Catherine St. In addition, survey to ‘set out’ the works will be provided by Council staff.

 

SA17.264   Acquisition - Drainage Easement - Woollamia - Pt Lot 196 DP15266 -10 Pritchard Avenue

HPERM Ref: D17/300498

Recommendation That Council: 1.    Resolve to acquire a 6 metre wide by 150 metre length Easement for Drainage over part of Lot 159 DP15266 at 10 Pritchard Avenue, Woollamia, as shown in Attachment 1; 2.    Pay compensation of $29,000 plus GST (if applicable) including all ancillary and reasonable legal costs associated with the acquisition, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, from job number 85001; and 3.    Grant authority to affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed and the General Manager be authorised to sign any documentation necessary to give effect to the resolution.

 

 

 

SA17.265   Classification of Land - Lot 310 DP1234415 Kooyonga Close Mollymook Beach	HPERM Ref: D17/304290
Recommendation That Council resolve to classify the land described as Lot 310 DP1234415 Kooyonga Close Mollymook Beach as Operational Land.

 

SA17.270   Additional Item - Shoalhaven Sporting Fees

Recommendation That Council: 1.    Abandon any consideration of the imposition sporting field user fees and the General Manager not place this on the Agenda for the next 10 years 2.    Include from the rates increase $500,000pa to the upgrade of our sporting fields   Note by the General Manager: Councillors have been provided a separate advice in respect to part 1 of this recommendation.

 

 

 

Ordinary Meeting – Tuesday 24 October 2017 Page 4

 

 

CL17.283   Report of the Nowra CBD Revitalisation Strategy Committee - 11 October 2017

 

HPERM Ref:       D17/344542

 

     

 

CBD17.44  Stewart Place Modifications	HPERM Ref: D17/320280
Recommendation That Council undertake works in relation to the painting of the galvanised railings in the Stewart place carpark the same colour as the CBD pot plants and furniture in Jelly Bean Park.

 

CBD17.49  Additional Item - Resignation of Sivan Mayhew and Membership appointment

Recommendation That Council: 1.    Accept the resignation from Sivan Mayhew; and 2.    Invite Wesley Hindmarsh to become a member of the Nowra CBD Revitalisation Strategy Committee.

 

 

 

Ordinary Meeting – Tuesday 24 October 2017 Page 5

 

 

CL17.284   Report of the Shoalhaven Traffic Committee - 10 October 2017

 

HPERM Ref:       D17/333768

 

Attachments:     1. TRAF 2017/75 ⇩

2. TRAF 2017/76 ⇩

3. TRAF 2017/77 ⇩

4. TRAF 2017/79 ⇩

5. TRAF 2017/80 ⇩

  

     

The Shoalhaven Traffic Committee is a technical review committee not a committee of Council under the Local Government Act, 1993.

The Roads and Maritime Services has delegated certain powers to Council under the Transport Administration Act 1988 (Section 50).  A condition of this delegation is that Council must take into account the Traffic Committee recommendations.

IMPORTANT NOTE:

Council cannot amend a Traffic Committee recommendation.  The Council can only:

1.   Adopt the Traffic Committee recommendation;

2.   Not Adopt the Traffic Committee recommendation; or

3.   Request the Traffic Committee reconsider the issue.

Other issues can be raised Additional Business at the Ordinary Meeting.

The full guide to the delegation to Council’s for the regulation of traffic can be viewed at: RMS Website

 

 

TC17.73     No Stopping Zone - Intersection North St and Kalang Ave, Ulladulla (PN 3430)	HPERM Ref: D17/328865
Recommendation That the General Manager (Director Assets and Works) be requested to arrange for the installation of a 31m (approx.) No Stopping zone on the northern side of North Street, east of the Kalang Avenue intersection, Ulladulla, as detailed in the attached plan TRAF2017/75.

 

 

TC17.74     Proposed No Stopping Zone - Coomea Street Bomaderry (PN 3435)	HPERM Ref: D17/329420
Recommendation That the General Manager (Director Assets and Works) be requested to arrange for the installation of a 21m (approx.) No Stopping zone across the rear car park exit of 73 Meroo Street, extending 6m north and south of the access, on the eastern side of Coomea Street, Bomaderry, as detailed in the attached plan TRAF2017/76.

 

 

 

 

 

TC17.75     Proposed No Stopping Zone Extension - Parson St Ulladulla (PN 3436)	HPERM Ref: D17/329606
Recommendation That the General Manager (Director Assets and Works) be requested to arrange for the Installation of a 24m (approx.) No Stopping zone across the commercial car park access located on the southern side of Parson Street, Ulladulla, as detailed in the attached plan TRAF2017/77.

 

TC17.76     Proposed Disabled Parking Space - River Rd Reserve Shoalhaven Heads (PN3438)	HPERM Ref: D17/329624
Recommendation That the General Manager (Director Assets and Works) be requested to arrange for the installation of a dedicated parking space for people with disabilities and associated shared user zone in the wharf car park, River Road, Shoalhaven Heads as detailed in the attached plan TRAF2017/79.

 

TC17.77     Proposed Disabled Parking Space - Community Centre Car Park - Shoalhaven Heads Rd Shoalhaven Heads (PN3439)	HPERM Ref: D17/329643
Recommendation That the General Manager (Director Assets and Works) be requested to arrange for the installation of three dedicated parking spaces for people with disabilities, and associated shared zones in the car park adjacent to the Shoalhaven Heads Community Centre, Shoalhaven Heads Road, Shoalhaven Heads, as detailed in the attached plan TRAF2017/80.

 

 

 

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Ordinary Meeting – Tuesday 24 October 2017 Page 11

 

 

Ordinary Meeting – Tuesday 24 October 2017 Page 12

 

 

CL17.285   Investment Report September 2017

 

HPERM Ref:       D17/336504

 

Group:                Finance Corporate & Community Services Group 

Section:              Finance

 

Attachments:     1. Shoalhaven Monthly Investment Report - September 2017 (under separate cover) ⇨

  

    

 

Purpose / Summary

Under Section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation, it is a requirement to provide a written report to Council on a monthly basis setting out details of all money that Council has invested.

 

Recommendation That the Report of the General Manager (Finance Corporate and Community Services Group) on the Record of Investments for the period to 30 September 2017 be received for information.

 

Options

1.    The report on the Record of Investments for the period to 30 September 2017 be received for information

Implications: Nil

 

2.    Further information regarding the Record of Investments for the period to 30 September 2017 be requested.

Implications: Staff will need to prepare a further report to provide any information that is required.

 

3.    The report on the Record of Investments for the period to 30 September 2017 be received for information with any changes requested for the Record of Investments to be reflected in the report for the period to 31 October 2017

Implications: Nil

 

Background

Please refer to the attached monthly report provided by Council’s Investment Adviser – CPG Research and Advisory Pty Ltd.

CPG Research and Advisory Pty Ltd have included a section on Council’s investment in institutions who lend to fossil fuels (see page 12).

The interest earned for the month of September was $574,659, which was $159,654 above budget.

 

The table below lists the major movements:

Total Cash and Investments	- $7,540,682
Unrestricted General Fund Cash	+ $2,026,478	Receipt of the first Financial Assistance Grant and rates instalments
Strategic Projects	- $557,751	Expenditure on projects
Grans Reserve	- $1,642,830	Expenditure on projects, eg Flinders Road
Waste Disposal	- $1,372,628	Not a rates installment month, contracts expendtiure
Sewer Fund	- $3,007,134	Expenditure on REMS
Water Fund	+ $1,027,670	Lower Expenditure in month

 

 

Certification – Responsible Accounting Officer:

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulations 2005 and Council’s Investments Policy number POL16/186.

 

 

Michael Pennisi

Chief Financial Officer

 

 

Financial Implications

It is important for Council to be informed in regard to its investments on a regular basis.  Revenue from interest on investments forms a vital part of Council’s revenue stream.

 

 

 

Ordinary Meeting – Tuesday 24 October 2017 Page 15

 

 

CL17.286   Register of Pecuniary Interest Returns 1 July 2016 to 30 June 2017

 

HPERM Ref:       D17/275100

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service

 

Attachments:     1. 2016/2017 Pecuniary Interest Returns Designated Persons List ⇩

  

    

 

Purpose / Summary

To provide the Council with the Register of Pecuniary Interest Returns lodged with the General Manager for the period of 1 July 2016 to 30 June 2017 as required under Section 450A of the Local Government Act.

 

 

Recommendation That: 1.    The report regarding the Register of Pecuniary Interest Returns lodged for the period of 1 July 2016 to 30 June 2017 be received for information; 2.    The General Manager consider appropriate action in respect of any Designated Persons who have failed to provide their return for the period of 1 July 2016 to 30 June 2017.

 

Options

1.    As Recommended

Implications: Disciplinary action may be applied to individuals who have not completed the required return and therefore have breached the Local Government Act, 1993.

 

2.    Council may withdraw delegated authority to the Boards whose members have not completed the returns.

Implications: Withdrawing Delegated Authority from Boards may impact on more resolutions being reported to Council.

 

3.    The General Manager may suspend membership of Boards for any member in contravention of the Local Government Act.

Implications: Suspending membership until the form has been returned may result in the Boards not reaching Quorum for meetings.

 

Background

The lodgement date for Pecuniary Interest returns covering 1 July 2016 to 30 June 2017 was 30 September 2017.

Persons with an obligation to lodge a pecuniary interest return by 30 September 2017 are listed in in Attachment 1 of the register tabled at this meeting.

Notice was provided to all Councillors, designated Staff and Board members on 27 July 2017, 1 August 2017 and 10 August 2017, with reminders send on 7 September 2017 and 26 September 2017 and contact and reminder attempted by telephone call.  The Group Directors’ Personal Assistants also assisted with following up staff during this period.

All Councillors have completed and lodged their returns. This includes the Initial Returns of those Councillors newly elected in October 2016 which were due on 10 January 2017.

Returns have been received from all designated staff members with the exception of some who are not present in the workplace to complete their obligations due to leave, illness or other reason.

Despite numerous reminders a total of 9 individuals being board or delegated committee members have not completed returns at the time of preparing this report without explanation (ie. not on leave or unable to complete due to illness or other reason). They are listed below:

 

	Name		Delegation arising from membership of following:
1.	Royston	Ernie	JRPP
2.	Caldwell	James	Nowra CBD Revitalisation
3.	Chiam	Alison	Shoalhaven Arts Board
4.	Cochrane	Annie	Shoalhaven Tourism Advisory Group
5.	Lees	Mark	Shoalhaven Tourism Advisory Group
6.	Duffy	David	Shoalhaven Tourism Advisory Group
7.	McLeod	Paul	Shoalhaven Tourism Advisory Group
8.	Rodgers	Neil	Shoalhaven Tourism Advisory Group
9.	Shields	Catherine	Shoalhaven Tourism Advisory Group

 

Advice provided to Council by the Office of Local Government in September 2015 was that ‘hard copies’ of returns are no longer required to be tabled at the Council meeting. Therefore the register of returns for this period is attached and tabled and electronic versions of the documents may be viewed upon request.

 

Policy Implications

Failure to complete the return is a breach of the Local Government Act 1993 and Clause 4.7 of the Code of Conduct.

 

Risk Implications

A failure of meeting the obligations with respect to the Pecuniary Interest Returns by designated officer leaves Council at risk of non compliance with legislative requirements, conflict of interests and limited transparency.

 

Ordinary Meeting – Tuesday 24 October 2017 Page 17

 

2016/2017 Pecuniary Interests

 

No	Surname	Name	Group	Returned
1.	Ahmed	Naif	Assets and Works	28/7/17
2.	Apolo	Matt	Assets and Works	7/8/17
3.	Braddick	Ed	Assets and Works	21/9/17
4.	Brighton	Wayne	Assets and Works	7/8/17
5.	Carter	Brett	Assets and Works	27/7/17
6.	Critchley	Phil	Assets and Works	7/9/17
7.	Cronk	Trevor	Assets and Works	7/8/17
8.	Davis	Brad	Assets and Works	8/9/17
9.	Dimec	Tom	Assets and Works	28/7/17
10.	Dunn	Melissa	Assets and Works	22/8/17
11.	Fraser	Tony	Assets and Works	28/7/17
12.	George	Gary	Assets and Works	27/7/17
13.	Green	Pamela	Assets and Works	27/7/17
14.	Harben	Mike	Assets and Works	2/8/17
15.	Harris	Michael	Assets and Works	27/7/17
16.	Hojem	David	Assets and Works	8/9/17
17.	Holmes	Ros	Assets and Works	25/9/17
18.	Horton	Greg	Assets and Works	21/8/17
19.	Knill	Peter	Assets and Works	27/9/17
20.	Merange	Darrell	Assets and Works	13/9/17
21.	Paisley-Topp	David	Assets and Works	2/8/17
22.	Poidevin	Michael	Assets and Works	22/8/17
23.	Punnett	Troy	Assets and Works	29/8/17
24.	Stewart	Ben	Assets and Works	Resigned
25.	Strachan	Michael	Assets and Works	31/8/17
26.	Sullivan	Kevin	Assets and Works	4/8/17
27.	Upitis	Martin	Assets and Works	Completed
28.	Wagstaff	David	Assets and Works	11/9/17
29.	Wells	Scott	Assets and Works	16/8/17
30.	Willis	John (Frank)	Assets and Works	1/8/17
31.	Wills	Ken	Assets and Works	8/9/17
32.	Young	Geoff	Assets and Works	28/7/17
33.	Alldrick	Annette	Councillor	13/9/17
34.	Cheyne	Nina	Councillor	1/8/17
35.	Findley	Amanda	Councillor	18/9/17
36.	Gartner	Kay	Councillor	19/9/17
37.	Gash	Jo	Councillor	7/8/17
38.	Guile	Andrew	Councillor	31/7/17
39.	Kitchener	Mark	Councillor	12/9/17
40.	Levett	John	Councillor	25/9/17
41.	Pakes	Mitchell	Councillor	1/9/17
42.	Proudfoot	Bob	Councillor	Completed
43.	Watson	Greg	Councillor	10/9/17
44.	Wells	John	Councillor	19/9/17
45.	White	Patricia	Councillor	7/9/17
46.	Aney	Peter	Finance, Corporate & Community	13/9/17
47.	Ball	Ros	Finance, Corporate & Community	27/7/17
48.	Bell	Coralie	Finance, Corporate & Community	31/7/17
49.	Blackshaw	Alan	Finance, Corporate & Community	1/8/17
50.	Coulston	Bronwyn	Finance, Corporate & Community	On Leave -2018
51.	Crangle	Amanda	Finance, Corporate & Community	14/8/17
52.	Edwards	Susan	Finance, Corporate & Community	2/8/17
53.	Elliott	Glen	Finance, Corporate & Community	3/8/17
54.	Evans	Lisa	Finance, Corporate & Community	26/9/17
55.	French	Paul	Finance, Corporate & Community	27/7/17
56.	George	Samuel	Finance, Corporate & Community	19/9/17
57.	Goldsmith	Michael	Finance, Corporate & Community	5/9/17
58.	Hahn	Don	Finance, Corporate & Community	26/9/17
59.	Jackson	Debra	Finance, Corporate & Community	15/9/17
60.	Kielly	Mark	Finance, Corporate & Community	27/7/17
61.	Lenehan	John	Finance, Corporate & Community	3/8/17
62.	Lewis	Jane	Finance, Corporate & Community	11/8/17
63.	McCoy	Melissa	Finance, Corporate & Community	9/10/17
64.	McFadyen	Fiona	Finance, Corporate & Community	8/8/17
65.	McMahon	Sara	Finance, Corporate & Community	27/7/17
66.	Milburn	Craig	Finance, Corporate & Community	18/9/17
67.	Mohan	Aravindh	Finance, Corporate & Community	21/9/17
68.	Norwood	Kevin	Finance, Corporate & Community	22/8/17
69.	Patterson	Karen	Finance, Corporate & Community	19/9/17
70.	Pennisi	Michael	Finance, Corporate & Community	27/7/17
71.	Perry	Andrew	Finance, Corporate & Community	25/9/17
72.	Phelan	Vanessa	Finance, Corporate & Community	25/9/17
73.	Ross	Shalissa	Finance, Corporate & Community	On leave – May 2018
74.	Spencer	Shane	Finance, Corporate & Community	8/8/17
75.	Taylor	Sarah	Finance, Corporate & Community	1/8/17
76.	Neilson	Samantha	General Manager’s Group	2/8/17
77.	Pigg	Russ	General Manager’s Group	8/9/17
78.	Prasad	Shalni	General Manager’s Group	2/8/17
79.	Pullen	Greg	General Manager’s Group	2/8/17
80.	Rippon	Jessica	General Manager’s Group	2/8/17
81.	White	Kim	General Manager’s Group	1/8/17
82.	Royston	Ernie	JRPP
83.	Agam	Sivan	Nowra CBD Revitalisation	Resigned
84.	Aldous	Annie	Nowra CBD Revitalisation	9/10/17
85.	Baxter	Scott	Nowra CBD Revitalisation	28/9/17
86.	Caldwell	James	Nowra CBD Revitalisation
87.	Goddard	Brendan	Nowra CBD Revitalisation	22/8/17
88.	Kearney	Lynnette	Nowra CBD Revitalisation	4/10/17
89.	Parker	George	Nowra CBD Revitalisation	29/9/17
90.	Sikora	Luke	Nowra CBD Revitalisation	19/9/17
91.	Anderson	David	Planning, Environment & Development	7/8/17
92.	Anstiss	David	Planning, Environment & Development	22/8/17
93.	Baker	Rodney	Planning, Environment & Development	23/8/17
94.	Bern	Cathy	Planning, Environment & Development	2/8/17
95.	Birmingham	Megan	Planning, Environment & Development	3/8/17
96.	Blatch	Peter	Planning, Environment & Development	28/9/17
97.	Bonner	James	Planning, Environment & Development	18/9/17
98.	Brooks	Peta	Planning, Environment & Development	26/9/17
99.	Cavallo	Nick	Planning, Environment & Development	21/9/17
100.	Choros	Roy	Planning, Environment & Development	1/8/17
101.	Clark	Wayne	Planning, Environment & Development	29/9/17
102.	Clark	Gordon	Planning, Environment & Development	1/9/17
103.	Clarke	Kelie	Planning, Environment & Development	25/9/17
104.	Clay	Shaun	Planning, Environment & Development	3/8/17
105.	Clunas	Emma	Planning, Environment & Development	1/9/17
106.	Connor	Patrick	Planning, Environment & Development	1/8/17
107.	Cooper	Kayla	Planning, Environment & Development	24/8/17
108.	Costello	Phil	Planning, Environment & Development	28/9/17
109.	Cottrell	David	Planning, Environment & Development	Left Council
110.	Crompton	Craig	Planning, Environment & Development	19/9/17
111.	Csanitz	Elizabeth	Planning, Environment & Development	3/8/17
112.	Dalyell	Alison	Planning, Environment & Development	3/8/17
113.	Dillon	Malcolm	Planning, Environment & Development	4/10/17
114.	Dixon	Elizabeth	Planning, Environment & Development	2/8/17
115.	Dollery	Ian	Planning, Environment & Development	18/9/17
116.	Downing	Elizabeth	Planning, Environment & Development	22/8/17
117.	Dwyer	Christopher	Planning, Environment & Development	26/9/17
118.	Fisher	Andrew	Planning, Environment & Development	3/8/17
119.	Foley	Marie-Louise	Planning, Environment & Development	3/8/17
120.	Gibbes	Andrew	Planning, Environment & Development	Left Council
121.	Gillies	Andrew	Planning, Environment & Development	13/9/17
122.	Greaves	Iain	Planning, Environment & Development	26/9/17
123.	Griggs	Adam	Planning, Environment & Development	Extended Leave
124.	Haig	Jason	Planning, Environment & Development	2/10/17
125.	Hamilton	Ian	Planning, Environment & Development	28/8/17
126.	Hansen	Phil	Planning, Environment & Development	22/8/17
127.	Hernell	Anna	Planning, Environment & Development	1/8/17
128.	Heung	Simon	Planning, Environment & Development	26/9/17
129.	Hislop	Suzanne	Planning, Environment & Development	2/8/17
130.	Holland	Martin	Planning, Environment & Development	22/8/17
131.	Hollinger	Eric	Planning, Environment & Development	3/8/17
132.	Horvath	Steven	Planning, Environment & Development	18/9/17
133.	Howarth	Gregory	Planning, Environment & Development	27/9/17
134.	Hunter	Nicole	Planning, Environment & Development	19/9/17
135.	Irwin	Garon	Planning, Environment & Development	15/8/17
136.	James	Ian	Planning, Environment & Development	9/10/17
137.	Jarman	Michael	Planning, Environment & Development	2/8/17
138.	Jenkins	Angela	Planning, Environment & Development	25/9/17
139.	Johnston	Peter	Planning, Environment & Development	1/8/17
140.	Jones	Nathaly	Planning, Environment & Development	Resigned
141.	Kacir	Sarah	Planning, Environment & Development	4/8/17
142.	Koglin	Lee	Planning, Environment & Development	24/8/17
143.	Lampard	Brendan	Planning, Environment & Development	9/8/17
144.	Lissenden	Kristie	Planning, Environment & Development	19/9/17
145.	Little	Trent	Planning, Environment & Development	31/8/17
146.	Lloyd	Aaron	Planning, Environment & Development	19/9/17
147.	Marr	Thelma	Planning, Environment & Development	8/8/17
148.	Massie	Raymond	Planning, Environment & Development	27/9/17
149.	McDonald	Anne	Planning, Environment & Development	7/8/17
150.	McLoughlin	Patrick	Planning, Environment & Development	8/8/17
151.	McMillon	Kane	Planning, Environment & Development	13/9/17
152.	McNeice	Phillip	Planning, Environment & Development	On Leave until November Email 21/9/17
153.	McVey	Alison	Planning, Environment & Development	29/9/17
154.	Meier	Wayne	Planning, Environment & Development	3/8/17
155.	Moyle	Melissa	Planning, Environment & Development	2/8/17
156.	Murphy	Nathan	Planning, Environment & Development	27/9/17
157.	Nelson	Liberty	Planning, Environment & Development	1/8/17
158.	Netzler	Bryan	Planning, Environment & Development	18/9/17
159.	Nile	David	Planning, Environment & Development	3/8/17
160.	O'Sullivan	Kristy	Planning, Environment & Development	18/9/17
161.	Papworth	Warwick	Planning, Environment & Development	12/9/17
162.	Parnell	Jodie	Planning, Environment & Development	1/8/17
163.	Pearman	Anthony	Planning, Environment & Development	4/8/17
164.	Pickering	Shane	Planning, Environment & Development	7/8/17
165.	Price	John	Planning, Environment & Development	17/8/17
166.	Pryor	Neale	Planning, Environment & Development	7/8/17
167.	Ratcliffe	Danielle	Planning, Environment & Development	11/9/17
168.	Rokobauer	Grant	Planning, Environment & Development	8/8/17
169.	Roose	Thomas	Planning, Environment & Development	22/9/17
170.	Rouse	Cameron	Planning, Environment & Development	3/8/17
171.	Sage	Mark	Planning, Environment & Development	22/8/17
172.	Scott	Gordon	Planning, Environment & Development	1/8/17
173.	Sevenler	Ali	Planning, Environment & Development	22/8/17
174.	Smith	Michael	Planning, Environment & Development	22/8/17
175.	Sneesby	Mark	Planning, Environment & Development	4/8/17
176.	Staples	Ian	Planning, Environment & Development	27/9/17
177.	Subhan	Mir Abdus	Planning, Environment & Development	7/8/17
178.	Swan	Trent	Planning, Environment & Development	14/8/17
179.	Tague	Jenna	Planning, Environment & Development	2/8/17
180.	Tooley	Di	Planning, Environment & Development	24/8/17
181.	Turner	Lauren	Planning, Environment & Development	22/9/17
182.	Vernez	Andre	Planning, Environment & Development	8/9/17
183.	Volkanovski	Jessica	Planning, Environment & Development	4/8/17
184.	Weston	Elliott	Planning, Environment & Development	21/9/17
185.	Wood	Colin	Planning, Environment & Development	8/8/17
186.	Akehurst	Karen	Shoalhaven Arts Board	9/10/17
187.	Chiam	Alison	Shoalhaven Arts Board
188.	Dawson	Barbara	Shoalhaven Arts Board	23/9/17
189.	Grant	Ian	Shoalhaven Arts Board	4/10/17
190.	Lavelle	Peter	Shoalhaven Arts Board	7/9/17
191.	Cochrane	Annie	Shoalhaven Tourism Advisory Group
192.	Crow	Robert	Shoalhaven Tourism Advisory Group	16/10/17
193.	Forbes	Matthew	Shoalhaven Tourism Advisory Group	13/8/17
194.	Goodman	David	Shoalhaven Tourism Advisory Group	22/8/17
195.	Hallum	Louise	Shoalhaven Tourism Advisory Group	31/8/17
196.	Lees/Duffy	Mark/David	Shoalhaven Tourism Advisory Group
197.	Locke	Lynn	Shoalhaven Tourism Advisory Group	5/9/17
198.	McLeod	Paul	Shoalhaven Tourism Advisory Group
199.	Rodgers	Neil	Shoalhaven Tourism Advisory Group
200.	Shields	Catherine	Shoalhaven Tourism Advisory Group
201.	Thomas	Jo	Shoalhaven Tourism Advisory Group	Resigned
202.	Banwell	David	Shoalhaven Water	4/8/17
203.	Brignell	Jared	Shoalhaven Water	14/8/17
204.	Gilkes	Allan	Shoalhaven Water	8/9/17
205.	Holmes	Tony	Shoalhaven Water	22/8/17
206.	Horner	Robert	Shoalhaven Water	1/8/17
207.	Jennings	Mark	Shoalhaven Water	4/8/17
208.	Kidd	Matt	Shoalhaven Water	7/8/17
209.	Krogh	Carmel	Shoalhaven Water	8/9/17
210.	Lazarevski	Ljupco	Shoalhaven Water	1/8/17
211.	McVey	Andrew	Shoalhaven Water	11/8/17
212.	Rodgers	Julia	Shoalhaven Water	21/8/17
213.	Wady	Ivan	Shoalhaven Water	10/8/17

 

 

Ordinary Meeting – Tuesday 24 October 2017 Page 25

 

 

CL17.287   NIDS Housing Masterclass - National Housing Conference 2017

 

HPERM Ref:       D17/337518

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service

 

Attachments:     1. Program ⇩

 

    

 

Purpose / Summary

To consider Councillor attendance at the NDIS Housing Masterclass scheduled for 28 November 2017 and the National Housing Conference scheduled for 29 November 2017 to 1 December 2017 in the International Convention Centre, Sydney.

 

Recommendation That Council 1.    Notes the details of the: a.    NDIS Housing Masterclass scheduled for 28 November 2017. b.    National Housing Conference scheduled for 29 November 2017 to 1 December 2017. 2.    Authorises available Councillors to attend the masterclass and/or conference and such attendance be deemed Council Business. 3.    Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy. 4.    Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.

 

Options

1.    As per the recommendation.

 

2.    That Council limit the number of Councillors attending the Conference and such attendance be deemed Council Business.

 

3.    That Council not approve Councillor attendance at the Conference as Council Business.

 

Background

The NDIS Housing Masterclass and the National Housing Conference 2017 are considered relevant to local government, Information in relation to the conferences is attached to this report.

Costs associated with the NDIS Housing Masterclass are estimated as follows:

·     registration : $695

·     travel, accommodation and out of pocket expenses : not yet determined.

Costs associated with the National Housing Conference are estimated as follows:

·     registration : Full $1520

                     Day $829.50

·     official functions, optional : Day registration only – Welcome Function $88 – Conference Dinner $154

·     travel, accommodation and out of pocket expenses : not yet determined.

An option available to Council is to define the number of Councillors attending the conference and for Council to determine the appropriate Councillors authorised to attend.  However council has a policy of limiting each councillor to three conferences per year exclusive of conferences organised by the Commonwealth or State LG Associations.

The NDIS Housing Masterclass commences at 9.00am and concludes at 4.00pm Tuesday 28 November 2017.

The National Housing Conference commences at 1.00pm Wednesday 29 November 2017 and concludes at 4.30pm Friday 1 December 2017.

There are also the following pre conference activities available:

·    Site tour 1: Large Scale Urban Renewal – 12.00pm to 6.00pm 28 November 2017

·    Site tour 2: Development a Second City – 9.00am to 1.00pm 29 November 2017

·    Site tour 3: Inner-city innovation in social housing delivery – 9.00am to 1.00pm 29 November 2017

·    The Big Issue Challenge – 9.00am to 12.00pm 29 November 2017

·    Satellite event: Ageing on the Edge in NSW - Tickets $30 – 9.30am to 12.20pm 29 November 2017

The following Council Business is scheduled within the period of the conferences:

·     Homelessness Taskforce Shoalhaven 27 November 2017

·     Ordinary Meeting Tuesday 28 November 2017.

·     Sustainable Futures Committee Wednesday 29 November 2017.

·     Councillor Briefing Thursday 30 November 2017.

 

Policy Implications

The Council Members – Payment of Expenses and Provision of Facilities Policy limits attendance at conferences to three per annum per councillor exclusive of any conference arranged by either the State or National Local Government Associations.

 

Financial Implications:

Funds are available for Councillors to attend this conference.

 

Ordinary Meeting – Tuesday 24 October 2017 Page 27

 

 

 

 

 

 

 

 

 

 

Ordinary Meeting – Tuesday 24 October 2017 Page 36

 

 

CL17.288   Local Government NSW - Annual Conference 2017 - Voting Delegates

 

HPERM Ref:       D17/339155

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service

 

    

Purpose / Summary

To nominate voting delegates for the upcoming 2017 Local Government NSW Annual Conference to be held at the Hyatt Regency Hotel, Sydney from 4 to 6 December 2017.

 

Recommendation That Council nominate voting delegates for the 2017 Local Government Annual Conference as follows: 1.    Five (5) Voters to vote in Board Elections 2.    Five (5) Voters to vote on Motions

 

Options

1.    As outlined in the report.

Implications: Council would provide for the full voting opportunities for Council.

 

2.    Nominate less than Five (5) Voters in each category

Implications: This would reduce the opportunity for representation by Shoalhaven City Council in the conference voting.

Background

Council has been advised that there will be two types of voting at the Local Government NSW Annual Conference 2017:

1. Election of Office Bearers & the Board (Board Election)

2. Voting on Motions

 

Council is entitled to nominate five (5) voters for each category. The formula for the number of voters has been calculated in accordance with the Association’s rules.

 

Council may select the same or different Councillors for each category.

 

Local Government NSW must be advised by Wednesday 1 November 2017 of the names of Council’s voting delegates.

 

Nominations received after the closing date will not be accepted, however a member

Council may substitute the name(s) of its delegates as set out in the Association’s rules.

 

Council previously adopted resolutions to include the Conference as Council Business on 19 September 2017 (MIN 17.790), and to submit motions 26 September 2017. (MIN17.877)

 

 

Ordinary Meeting – Tuesday 24 October 2017 Page 38

 

 

CL17.289   Donation Request - Restoration Works - Samuel Elyard Paintings - Shoalhaven Historical Society

 

HPERM Ref:       D17/341292

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service

 

Attachments:     1. Shoalhaven Historical Society - Donation Request - David Stein & Co - Restoration - Samuel Elyard Paintings ⇩

 

    

 

Purpose / Summary

To notify Council of a donation request received from the Shoalhaven Historical Society for a donation toward the conservation costs of three Samuel Elyard art works.

 

Recommendation That Council consider a donation of $2,000 to the Shoalhaven Historical Society as a contribution towards the conservation costs of three Samuel Elyard art works.

 

Options

1.    As recommended - Donation of $2,000

Implications: The unallocated donations budget balance will be $6,758.00 00 (subject to grants of other donations to be considered by the Council at this meeting) 

 

2.    Council not provide a donation

Implications: The unallocated donations budget balance will remain $8,758.00 (subject to grants of other donations to be considered by the Council at this meeting) 

 

3.    An Alternate recommendation

Implications: unknown

 

Background

At the Shoalhaven Arts Board meeting held on 7 September 2017, The Chairperson, Clr Wells advised the Board that a request had been received from the Shoalhaven Historical Society for a donation toward the conservation costs of three Samuel Elyard art works.

 

The request for a donation amount of $2000 to $2500, was forwarded to the members of the Shoalhaven Arts Board for their consideration and comments prior to a report being submitted for Council’s consideration.

 

The Shoalhaven Historical Society has received a donation of 22 Elyard oils and two (2) Elyard watercolours.

 

All works are unframed and in need of varying amounts of cleaning and conservation.

 

David Stein & Co have quoted on the cost of conservation for the three (3) of the works (which were assessed as the highest priority to receive conservation).

 

The total quote for the conservation for the three art works is $14,374.80 (Incl GST).

 

The Shoalhaven Historical Society has received a donation of a $1,500 toward the restoration from a member.

 

Community Engagement

An email was sent to the Shoalhaven Arts Board 14 September 2017, requesting comments and feedback. 

The following comments were made:

·    The Hisotrical Society has only provided one quote and it was suggested at least a second be sought.

·    The Shoalhaven Arts Board should provide a deadline for consideration of all funding proposals and a framework for making funding decisions and then reconsider.

 

The Shoalhaven Arts Board members were generally in support of the donation, however, two members requested that a second quote be sought.

 

Financial Implications

The unallocated donations budget balance is currently $8,758.00. (subject to grants of other donations to be considered by the Council at this meeting)   

Ordinary Meeting – Tuesday 24 October 2017 Page 40

 

 

 

 

 

 

Ordinary Meeting – Tuesday 24 October 2017 Page 45

 

 

CL17.290   Donation Request - Fellowship of Australian Writers second and Third Prizes - Shoalhaven Literary Award

 

HPERM Ref:       D17/341630

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service

 

Attachments:     1. Request for Donation - Prize Money - $400 - Second and Third ⇩

  

    

 

Purpose / Summary

To notify Council of an additional donation request from Fellowship of Australian Writers to cover the second and third prizes of the Shoalhaven Literary Award.

 

Recommendation That Council consider an additional donation of $400 from the unallocated donations budget to Fellowship of Australian Writers to cover the second and third prizes of the 2018 Shoalhaven Literary Award.

 

Options

1.    As recommended

Implications: An additional payment of $400 would be made for the 2018 Literary Awards, reducing  the unallocated donations budget to $6,555.55.

2.    That Council increase the annual donation for the Shoalhaven Literary Awards from $1500 to $1900 for the 2018 Literary Awards onwards.

Implications: This would reduce the 2017/2018 available unallocated donations budget to $6,555.55 and commit funds of $1900 for following years

3.    Council not donate $400 from the unallocated donations budget

Implications: the unallocated donations budget would remain $6,955.55.

 

4.    An alternative recommendation

Implications: unknown.

 

Background

Council donates $1,500 annually to the Fellowship of Australian Writers Shoalhaven Literary Award which covers first prize for the award.

The Shoalhaven Arts Board received the request dated 9 September 2017 from the Fellowship of Australian Writers seeking an additional $400 to cover the second and third prizes for the Shoalhaven Literary Award.

The Shoalhaven Literary Awards for 2017 were awarded in early September 2017. As outlined in the attached request; the 2017 winners of the first and second prizes were awarded to writers from outside the Shoalhaven and Mr Craig Vaughan of Berry was awarded the “Geoff Bolton Award” for local writers which is understood to attract a prize of $200.

The request outlines that the awards are now subject to additional costs relating to the Geoff Bolton Award, judges fees and registration services.

 

Policy Implications

Councils’s adopted Donations Policy POL12/299 provides:

Projects/Events NOT Eligible for Funding:

·    Projects that are retrospective

·    Where there is no direct benefit to Shoalhaven City Residents

Council receives many requests for financial assistance from various individuals, community and sporting groups and unfortunately has a very limited budget to satisfy these requests.

In order to deal with this matter fairly, Council has adopted a policy, which applies to all requests for donations for individuals, community or sporting groups.

“That in view of its inability to provide significant financial assistance to individuals or groups and in view of the significant number of individuals participating in an extensive range of activities that no financial assistance be provided on an individual basis but Council maximise funding allocations to provide and maintain sporting, community and cultural facilities for the use of the whole Shoalhaven community.”

 

In considering this request, the Council should consider the direct benefit to Shoalhaven City Residents arising from the literary awards.

Community Engagement

At the request of the Chairperson of the Arts Board, Councillor Wells, an email was forwarded to the Shoalhaven Arts Board seeking their comments and feedback Monday 18 September 2017.

The Arts Board did not reach a consensus on this matter, as 2 responses to the proposal were received from members, each advising that they were undecided, and one of whom raised concerns regarding the dependancy on Shoalhaven City Council’s funding.

Financial Implications

The unallocated donations budget is currently $6,955.55.

 

Ordinary Meeting – Tuesday 24 October 2017 Page 47

 

 

 

 

 

 

Ordinary Meeting – Tuesday 24 October 2017 Page 52

 

 

CL17.291   Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266

 

DA. No:               DA16/1433/4

 

HPERM Ref:       D17/293702

 

Group:                Planning Environment & Development Group 

Section:              Development Services

 

Attachments:     1. Revised Site Plan - Proposed Building Envelope - 23 Seasongood Road, Woollamia ⇩

2. s79C assessment report (under separate cover) ⇨

3. Statement of Environmental Effects ⇩

4. Original Bushfire Risk Assessment (under separate cover) ⇨

5. Bushfire Assessment Report by SET Consultants (BPAD level 3) - August 2017 (under separate cover) ⇨

6. Rural Fire Service Referral Response - September 2017 ⇩

7. Draft Deferred Commencement Conditions (under separate cover) ⇨

8. Draft Operational Consent ⇩   

     

 

Description of Development: Demolition of an existing dwelling house and the construction of a replacement dwelling house in two stages. Stage 1 of the proposal, the subject of the development application, involves the demolition of the existing dwelling house, detached garage and swimming pool and the nomination of a ‘building envelope’ for the construction of a future dwelling house (stage 2 of the proposal).

 

Owner: Gregory & Robyn Watson

Applicant: Lee Carmichael Town Planning

 

Notification Dates: 21^st April to 6^th May 2016

 

No. of Submissions:  Nil in objection

Nil in support

 

Purpose / Reason for consideration by Council

In accordance with Council’s adopted policy for Dealing with Development Applications Lodged by Council Staff or Councillors (POL16/235), where the applicant or land owner in respect of a development application (DA) is a Council staff member or Councillor and where the development application seeks a substantive variation to any performance-based Development Control Plan (DCP) or Council Policy, the DA is to be reported to Council for determination.

Additionally, this report is in response to the Committee’s resolution of 8 August 2017 which was to defer the matter until the:

“…Ordinary meeting to be held on 22 August 2017 to allow a report on an alternative solution from an appropriately accredited (BPAD – Level 3) consultant and further deliberation by the Rural Fire Service.”

 

 

 

Recommendation (Item to be determined under delegated authority) That Council resolve to approve Development Application DA16/1433 for the Staged Construction of a Replacement Dwelling House – Stage 1 Nomination of Building Envelope and Demolition of Existing Dwelling House at Lot 113A DP 15266 No.23 Seasongood Road, Woollamia by way of deferred commencement consent and subject to the conditions attached to this report (Attachment 7).

 

Options

1.    As recommended, issue a deferred commencement consent pursuant to sub-section 80(3) of the Environmental Planning and Assessment Act, 1979 requiring the applicant to amend the development proposal to be consistent with the provisions of the adopted Planning  Proposal and supporting Shoalhaven Development Control Plan 2014 (SDCP 2014) Chapter N16 Falls Creek / Woollamia Rural Residential Areas.  Draft conditions are provided in Attachment 7.

Further detail is provided later in this report concerning the status of these documents.

Implications: The applicant would need to redesign the development proposal and submit the revised plan to Council for review before an operative development consent could be issued.

If dissatisfied with the decision, the applicant would be entitled to appeal to the Land and Environment Court or pursue a section 82A review.

 

2.    Resolve to support the proposal as currently presented in the DA, accepting the new bushfire report prepared by Mr David Cannon (a BPAD level 3 accredited practitioner) of SET Consultants and determine the DA granting consent subject to the conditions set out in Attachment 8.

Implications: The development as currently proposed is not consistent with Planning Proposal and supporting Shoalhaven Development Control Plan 2014 –Chapter N16 Falls Creek / Woollamia Rural Residential Areas, and has received opposition from the Rural Fire Service on the basis that it is inconsistent with the provisions of Planning for Bushfire Protection 2006 (PBP).

Accordingly, Council would need to provide reasons to justify this determination.  Draft conditions of consent are provided for Council’s consideration in the event that this option is pursued. Refer to Attachment 8.

It could be argued that Councillor’s protection from liability under Section 733 of Local Government Act may be compromised where a decision is not considered to be ‘in good faith’ if is not consistent with Planning for Bushfire Protection 2006 as set out in Sections 733 (4) & (5). 

However, since consideration of the matter at the Development Committee meeting of 8 August 2017, the applicant commissioned a further report by a ‘BPAD level 3’ accredited practitioner. This report supports the performance solution to PBP put forward by the applicant. Council would be reliant on this report should it support this option. The RFS are still not supportive however do acknowledge the Performance Criteria in 4.3.5 of Planning for Bushfire were satisfied.

 

3     Decline to support the proposal as currently presented in the DA and refuse the DA for the reasons as detailed in the report of 8 August 2017. In summary, the reasons were that the proposed building envelope is not consistent with the provisions of Planning for Bushfire Protection 2006 and that the NSW Rural Fire Service does not support the building envelope in its proposed location and inconsistencies with the Planning proposal and Development Control Plan.

Implications: This decision would be a consistent with Council resolutions in relation to Planning Proposal LP406 and provisions of Shoalhaven Development Control Plan 2014 – Chapter N16 Falls Creek / Woollamia Rural Residential Areas. The applicant would be entitled to appeal against Council’s refusal in the Land and Environment Court.

 

4     Adopt an alternative recommendation and provide direction to staff.

 

Location Map

Figure 1 – Location Map – No. 23 Seasongood Rd, Woollamia

 

Background

Proposed Development

Development consent is being sought under the provisions of s80(4) of the Environmental Planning and Assessment Act 1979 (EP&A Act), for the carrying out of a development involving the demolition of an existing dwelling house and the construction of a replacement dwelling house in two stages.

Stage 1 of the proposal, the subject of the development application, involves the demolition of the existing dwelling house, detached garage and swimming pool and the nomination of a ‘building envelope’ for the construction of a future dwelling house (Stage 2 of the proposal).

The proposed building envelope measures 40m x 20m (800m²) and is located 43m from the southern property boundary, 43m from the eastern boundary and 43m from the western boundary. The building envelope sits within an existing clearing, on very gently sloping land, and is located some 165m from the nearest neighbouring dwelling house at No.21 Seasongood Road as shown in Attachment 1.

Access to the proposed building envelope will be maintained from the existing access point off Seasongood Road, with the internal site access driveway to follow the route of an existing track.  This track will need to be upgraded to provide access to the future dwelling house, with such works including upgrading to a minimum width of 4m and the provision of passing bays at 200m intervals along the route.

Full details of the proposal are provided in the Statement of Environmental Effects (Attachment 3).

Subject Land

The subject site is identified as Lot 113A in DP 15266.  The subject site consists of a roughly rectangular-shaped allotment of land, situated on the southern side of Seasongood Road (see Figure 1).

The site is an elongated property, some 607m to 622m deep and 105m wide, with an area of 6.51 hectares. The site currently contains a single storey rendered masonry dwelling house and detached garage together with a metal shed at its northern end, adjacent to Seasongood Road.

An intermittent watercourse and associated riparian vegetation passes through the property to the south of the existing buildings and links with established areas of vegetation located on the neighbouring properties to the west and east. The watercourse is subject to flooding. The southern portion of the site consists of approximately 3.7 hectares of cleared land with scattered, individual trees.

 

Figure 2 – Site Context

 

Site & Context

The subject site is located within a rural-residential area currently zoned R5 Large Lot Residential under the provisions of Shoalhaven Local Environmental Plan 2014.

Surrounding allotments on the southern side of Seasongood Road are similar in configuration to the subject site (narrow and elongated), whilst allotments on the northern side of Seasongood Road are of similar width but shorter.

The land in the locality is largely vegetated, with some properties supporting larger cleared areas than others.  Dwelling houses in the locality are located within cleared areas and tend to be positioned closer to Seasongood Road.

 

Strategic Context

Council prepared and publicly exhibited a draft amendment to Shoalhaven Local Environmental Plan 2014 (SLEP 2014) and a draft amendment to Shoalhaven Development Control Plan 2014 (SDCP 2014).

The Falls Creek / Woollamia Deferred Areas Planning Proposal (PP) and DCP Chapter N16 (Amendment No. 17 to SDCP 2014) were adopted by Council 22 August 2017.  

Commencement was delayed to enable the financial aspects (the resolution is reproduced later in this report) of Council’s resolution (MIN17.739) to be resolved.  Chapter N16 of the DCP will become effective on 24 November 2017, and the LEP amendment is expected to be notified on, or soon after this date.

The amendment (not yet notified) to Shoalhaven Local Environmental Plan 2014 (LP406) applies to certain lands at Falls Creek and Woollamia (including the subject site) and seeks to enable the further subdivision of the lands to create up to an additional 16 allotments.  In respect of the subject site, the amendment seeks to amend the Lot Size Map to create a minimum allotment size of 1 hectare over the northern part of the subject site (taking in the existing dwelling house and outbuildings) and a minimum lot size of 5 hectares over the balance of the site.

The effect of the amendment to SLEP 2014 would be to enable the subject site to be subdivided into two (2) allotments, effectively enabling a new dwelling to potentially be approved on the rear lot, while retaining the existing dwelling on the front lot.  The amendment will also amend the Terrestrial Biodiversity Map to include the riparian zone vegetation passing through the subject site and a small patch of vegetation in the south-western corner of the site as Biodiversity – significant vegetation.

The amendment to SDCP 2014 will insert a new chapter – Chapter N16 – into the DCP. The purpose of Chapter N16 is to incorporate more detailed planning controls to ensure that the objectives of the amendment to SLEP 2014 are achieved in relation to bushfire risk management, biodiversity, stormwater management and on-site effluent management for rural residential subdivision and development. Having regard to these objectives, a subdivision and development outcomes plan has been prepared and is illustrated in Figure 3.

Further detail can be obtained in the related report concerning the Planning Proposal (LP406) considered by Development Committee on 8 August 2017.

Development Committee & Ordinary Council Meetings of 8 and 22 August Respectively

Following consideration of the DA at the meeting of 8 August, the Committee resolved:

“That the matter be deferred until the Ordinary meeting to be held on 22 August 2017 to allow a report on an alternative solution from an appropriately accredited (BPAD – Level 3) consultant and further deliberation by the Rural Fire Service.”

 

It was understood at the meeting that it would take some time to commission a report and refer it to the RFS.  This report, responds to above resolution.

As mentioned earlier, the Falls Creek / Woollamia Deferred Areas Planning Proposal (PP) and DCP Chapter N16 (Amendment No. 17 to SDCP 2014) were adopted by Council 22 August 2017.  Commencement was delayed to enable the financial aspects of Council’s resolution (MIN17.739) to be resolved as detailed below:

 

1.    Council adopt the Falls Creek / Woollamia Deferred Areas Planning Proposal (LP406) as exhibited, with the minor changes outlined in this report and issue the second (and final) invoice to landowners, subject to confirmation that:

a.    Enable a maximum two lot subdivision at No. 111 Woollamia Road via the planning proposal by changing the exhibited 1 ha. minimum lot size to 2 ha.

b.    Revise the DCP as follows:

i.     Amend the suggested subdivision boundary consistent with the revised lot size

ii.     Remove the property access road and vegetation screening details from the supporting map

iii.    Replace acceptable solution A3.5 with a general requirement that access roads be sealed and/or screened as appropriate to mitigate impacts on adjoining residences.

c.    The two invoices issued to landowners to recoup costs incurred by Council in preparing the planning proposal have been paid in full.

2.    If part 1c is not fully resolved within 60 days of issuing the second invoice, remove the relevant properties from the LEP amendment and the draft Chapter N16 - Shoalhaven Development Control Plan (DCP) 2014 and refund any monies paid by the owner(s).

3.    Subject to the outcome of parts 1 and 2:

a.    Liaise with the NSW Department of Planning and Environment regarding the finalisation of the required amendment to the Shoalhaven Local Environmental Plan 2014.

b.    Adopt the attached version of Chapter N16 of the Shoalhaven Development Control Plan 2014 and give public notice in the appropriate local newspaper/s to enable it to become effective upon commencement of the LEP amendment.

4.    Ensure that funding improvements at the Jervis Bay Road / Seasongood Road intersection are considered in the FY18/19 budget.

 

Chapter N16 of the DCP is a duly adopted Plan that has an activation date of 24 November 2017, based on the LEP amendment which is expected to be notified on, or soon after this date.

 

Figure 3 – Subdivision & Development Outcomes Woollamia

 

Issues

There are two issues, which Council is being asked to consider with respect to this application. 

Strategic Context

The development proposal remains inconsistent with the provisions of the recently adopted SDCP 2014, in that the proposed location of the building envelope is outside of the nominated building area shown on the map in Figure 3.

Bushfire Safety

The NSW Rural Fire Service (RFS) remains opposed to the proposed building envelope location, due to its inconsistency with Planning for Bushfire Protection 2006, and has recommended that the building envelope be relocated to a position within the nominated building area shown in Figure 3 and adopted in Councils DCP.

Figure 2 shows the location of the proposed building envelope which is at the rear of the property.

In considering this development proposal, Council will need to make a decision as to whether the advice of the RFS is to be accepted (Attachment 6) or otherwise, having regard to the strategic context.

 

Planning Assessment

The Development Application has been assessed under s79C of the EP&A Act. A copy of the Section 79C assessment report is attached.  As a result of that assessment, two issues remain unresolved – the development proposal being inconsistent with the adopted SDCP 2014 – Amendment No.17 and the RFS’ objection to the proposed building envelope location.

 

Policy Implications

Shoalhaven DCP 2014 – Amendment No.17

The major policy implication arising as a result of this matter is the development proposal’s inconsistency with the provisions of SDCP 2014 – Amendment No.17, which has been based upon strategic investigations undertaken to inform the enabling amendment to SLEP 2014.

 

Applicant’s Submission

As the provisions of the exhibited draft amendments to SLEP 2014 and SDCP 2014 were a matter for consideration in the assessment of the development application, a submission was made in support of the development application seeking a variation to the provisions of (which was a draft document at the time) SDCP 2014 – Amendment No.17, for the following reasons:

 

In their letter, the RFS say, “to ensure building are sighted and designed to minimise the risk of bushfire attack, and to ensure firefighters and evacuating residents are not required to travel long distances through forested areas, the following conditions shall apply”.

 

If this is the basis of their recommended conditions the whole premise of the conditions is flawed because the property at both the RFS preferred location and our preferred site is totally cleared and is managed pasture, our preferred location is just over 100 meters past the line on the map referred to in the letter and provides for a minimum APZ 43m on three sides and 350m on the fourth, this complies with the verbal advice given to me by Ms Amanda Moylan last year.

 

Just to demonstrate how over the top some of the conditions are under General 2 for example:

 

“The development for the purpose of the proposed new dwelling should not commence until the demolition/decommissioning of the existing dwelling is complete”. So in other words we have to pitch a tent or arrange for other accommodation at significant cost while the building is being constructed….

 

….When the application was lodged the provisions of the draft DCP were unknown and in my opinion it is a strange coincidence the RFS did not make their recommendations until the draft DCP to be placed on exhibition then referencing the map in the draft DCP in their advice.

 

It is my understanding the draft DCP is a performance based document and the dotted line referred to in the map can be varied on a submission, it is our opinion the submission by our consultants ticks all the boxes and exceeds normal RFS requirements…..

 

Another major issue with the RFS’s preferred location coincides with a very large spring which remains continually wet for months after heavy rain and has an area of about 5000sqm and when the wet area is combined with a cut of about 1m ….our preferred site is flat and has no seepage issues.

 

The final is one of privacy and amenity we do not see why should be force to live in our next door residents pockets….”

 

Comments

Several points in the applicant’s submission require comment and/or clarification:-

 

·   The development application proposes the demolition of the existing dwelling house and identification of a building envelope for a future dwelling house. This is evident from the description of the development proposal in the statement of environmental effects:

 

Consent is sought from Council for the establishment of a building envelope on the property (otherwise known as ‘in-principle dwelling approval’). Further to this, consent is also sought for the demolition of the existing residential development located on the land.

 

It would be expected that a separate development application would be submitted for the construction of a specific dwelling house within the approved building envelope. Given that sub-clause 4.2D(5) only allows the construction of a new dwelling house on the subject site “if there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house”, there will need to be a mechanism incorporated into any consent issued which will ensure that the existing dwelling house is demolished.

 

This could include a condition to the effect that an Occupation Certificate for the new dwelling house is not issued until the existing dwelling house has been demolished. 

 

This would enable the existing house to be occupied during construction and demolition at the completion of the development.  This is reflected in the suite of conditions provided as an attachment to this report, should Council be inclined to consent to the development.

 

·   With regard to the location of a nearby spring and  damp ground, it is considered that a dwelling house could be designed and constructed taking into account site characteristics and advice sought from geotechnical engineers if warranted.  On sloping sites, a number of design solutions are typically used to deal with stormwater, overland stormwater flows and geotechnical considerations.  The site nominated in the SDCP 2014 has already had a degree of assessment to ensure suitability for a dwelling. and there are no attributes that would prevent the erection of a dwelling in this location subject to suitable design. Further, no documentation has been provided by the applicant to support the claim that the identified building area in the DCP is unsuitable due to the existence of a spring or other geotechnical issues.

 

·   Whilst the provisions of SDCP 2014 are performance-based, with regard to development of bushfire prone land, Council cannot grant consent to development unless that development is consistent with the provisions of Planning for Bushfire Protection 2006, or the RFS has been consulted.

 

In this case, the RFS has not agreed to the applicant’s proposed ‘alternate solution’ but has agreed to the ‘alternate solution’ proposed by Chapter N16.  Planning for Bushfire Protection 2006 sets the distance at 200metres from the road.  This is exceeded and the RFS has agreed to an alternative building envelope in the adopted SDCP 2014.  The proposal extends the distance yet again so it is a further ‘alternative solution.

 

Having regard to the expertise of the RFS, it is generally considered imprudent to make a decision, which is contrary to their advice albeit there is scope to consent to development (see later in this report) pursuant to section 79BA.

 

The referral result, recommends repositioning of the building envelope.  However, the RFS did advise in its email of 6 September 2017:

 

It should be noted that whilst the bush fire report submitted in support of application demonstrates that the proposal can meet the performance criteria set out under clause 4.3.5 of Planning for Bush Fire Protection (2006) with regard to infill development, the RFS remains concerned that;

 

a)   the  location of the proposed dwelling is not consistent with draft Shoalhaven DCP Amendment No. 17, in particular the "building lines" identified in the draft DCP which minimised the distance emergency services personal and residents would need to travel to  access/egress the site before, during and after a bush fire emergency; and b)the location of the proposed dwelling does not provide an improved bush fire outcome for future residents and owners of the site, when compared to the location of the current (proposed to be demolished) dwelling.

 

c)    [sic] future subdivision of the site (presuming the rezoning and DCP progress) may  result in a further dwelling located on the site at a distance greater than 200m from a public through road, which would result in an inferior bush fire outcome for additional future owners and residents.

 

It is also important to note the highlighted text above that the proposal meets the performance criteria for Planning for Bushfire Protection 2006 and that the subject site is essentially maintained and managed land and the threat of bushfire is significantly less.

 

·   As outlined in the s79C assessment report (Attachment 2) the development proposal was considered to be satisfactory with regard to a range of planning and environmental matters.  This includes the ability for the site to be adequately accessed and serviced; the suitability of the site for on-site wastewater management; the absence of any detrimental impacts on native vegetation; and, the favourable aspect of the site (which promotes excellent solar access). 

 

The only issues of concern with the proposed envelope are the related matters of the proposal’s inconsistency with Planning for Bushfire Protection 2006, its inconsistency with Chapter N16, and the RFS’ unresolved objection to the proposed building envelope. It may be that if an alternate building envelope (compliant with Chapter N16 and the recommendations of the RFS) were proposed, the assessment of planning issues would result in the same overall acceptability of the site with the added benefit of RFS support.

 

Environmental Planning and Assessment Act, 1979

 

Section 79BA Consultation and development consent – certain bush fire prone land states:

(1)   Development consent cannot be granted for the carrying out of development for any purpose (other than a subdivision of land that could lawfully be used for residential or rural residential purposes or development for a special fire protection purpose) on bush fire prone land unless the consent authority:

 

(a)  is satisfied that the development conforms to the specifications and requirements of the version (as prescribed by the regulations) of the document entitled Planning for Bush Fire Protection prepared by the NSW Rural Fire Service in co-operation with the Department (or, if another document is prescribed by the regulations for the purposes of this paragraph, that document) that are relevant to the development (the relevant specifications and requirements), or

 

(b)  has been provided with a certificate by a person who is recognised by the NSW Rural Fire Service as a qualified consultant in bush fire risk assessment stating that the development conforms to the relevant specifications and requirements.

 

(1A)  If the consent authority is satisfied that the development does not conform to the relevant specifications and requirements, the consent authority may, despite subsection (1), grant consent to the carrying out of the development but only if it has consulted with the Commissioner of the NSW Rural Fire Service concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire.

 

In relation to the development application, the proposed building envelope is located in a position which does not meet the relevant property access specifications of 4.1.3(2) of Planning for Bushfire Protection 2006, as it is located more than 200m from Seasongood Road and has not been provided with an alternate access route.

 

As the proposal does not conform to the specifications and requirements of Planning for Bushfire Protection 2006, s79BA requires Council to consult with the RFS in relation to the development proposal.

 

The applicant has submitted a new bushfire report prepared by Mr David Cannon of SET Consultants.  Mr Cannon is a BPAD level 3 accredited practitioner and he is therefore qualified to prepare alternative solution reports. 

 

The report highlights the following to offset the extended travel distances:

 

a)      Building construction:  the proposed new site would result in the dwelling needing to achieve a BAL-19 rating.  The proposed new dwelling would be constructed to BAL-29 (a higher construction level).  This would also allow for the dwelling to be an onsite refuge.

b)      Water supply:  ordinarily the static water supply for fire fighting purposes on an allotment of this size would be 20,000 litres.  It is proposed that 30,000 litres be provided.

c)      Electricity and gas supply:  electricity and gas supply will comply with the requirements of Planning for Bushfire Protection and these can be assessed when the plans for the dwelling are submitted.

d)      Access from Seasongood Road:  the proposed dwelling envelope is 526 metres from Seasongood Road but most of the access way is on managed land (approximately 400 metres) and the remainder is considered riparian which is a lower threat.  A new creek crossing will be provided over the creek, an all weather access way will be constructed together will passing bays every 200 metres.

e)      Bushfire plan: A bushfire response and evacuation plan will be prepared and maintained for the life of the development.

 

 

The RFS accepts that the performance criteria in Planning for Bushfire Protection 2006 can be met but retains its position and is of the opinion that the envelope is better repositioned as detailed in the SDCP 2014, Chapter N16. 

 

Refer to the full SET report and RFS referral response found in Attachments 5 and 6 to this report.

 

Although the building area in the SDCP 2014 is located more than 200m from Seasongood Road, it has been identified in consultation with the RFS as an appropriate ‘alternate solution’ having regard to the need “to protect persons, property and the environment from danger that may arise from a bush fire” [sub-section 79BA(1A)].  In the Falls Creek / Woollamia Rural Residential Deferred Areas Planning Proposal (LP406) report this ‘concession’ was made however:

 

“In respect of 21 and 23 Seasongood Road, the new dwelling sites be positioned no further from the road than the existing dwelling at 21 Seasongood Road”

 

Having regard to the provisions of s79BA of the EP&A Act, the proposed development’s inconsistency with the relevant provisions of Planning for Bushfire Protection 2006, and the RFS’ objection to the proposed building envelope, Council has the following options:

a)      Confirm the RFS advice and not grant consent unless the building envelope is relocated to a position consistent with Chapter N16 of SDCP 2014; or

b)      Support the proposal new location based on the bushfire report from Mr David Cannon in his report dated 18 August 2017.

 

Consultation and Community Engagement:

Rural Fire Service

As the subject site is mapped as bushfire prone land, in accordance with the provisions of s79BA of the EP&A Act, the development application was referred to the RFS.

 

The initial referral to the RFS was sent on 22^nd April 2016. The RFS responded by letter dated 16^th September 2016, advising that as:

 

“the proposed building envelope will result in a greater risk to both fire fighters and occupants entering and leaving the site without alternative access being available, and that there are other options for the siting of the dwelling, it is recommended that the applicant either relocate the future dwelling site to within 200 metres of Seasongood Road or provide alternative access, in a different direction to the primary access, to ensure consistency with the provisions of Planning for Bushfire Protection 2006.”

 

The applicant was advised of the RFS’ comments and responded with a submission prepared by the applicant’s bushfire consultant, Bushfire Building Solutions. This submission was (re)referred to the RFS on 6^th October 2016.  The referral response from the RFS (dated 30^th November 2016) reiterated its previous advice of 16^th September 2016.

 

The applicant was again afforded an opportunity to respond to the RFS’ concerns.  Additional information was provided by the applicant, and consisted of an amended site plan (which increased the setbacks to the side and rear boundaries and reduced the area of the building envelope) and a submission from the applicant’s bushfire consultant.  This information was again referred to the RFS on 1^st March 2017. 

 

In a reply dated 20^th June 2017 the RFS recommended the issuing of a deferred commencement consent (pursuant to sub-section 80(3) of the EP&A Act) which requires the proposed building envelope to be relocated to a position within the building area identified in the (then draft) SDCP 2014 – Amendment No.17 as a pre-requisite to the issuing of an operative consent.

 

As mentioned above, the matter was again referred to the RFS with a response received on 6 September 2017 reaffirming its conclusion.  However the RFS did acknowledge the Performance Criteria in 4.3.5 of Planning for Bushfire were satisfied.

 

For convenience, the criteria are reproduced in the table below:

 

Table 1 – Performance Criteria from Planning for Bushfire 2006, page 43

 

 

Effectively, the RFS has indicated that the development application can be approved – in their view, if the building envelope is repositioned consistent with Chapter N16 of SDCP 2014.  The applicant is aware of this, but does not wish to relocate the building envelope and is seeking to have the development application determined in its current form

 

Neighbour Notification

Notification was carried out in accordance with Council’s Community Consultation Policy with letters sent to the owners of the adjoining and adjacent properties.  The notification was for a 14 day period.

 

No submissions were received during the notification period.

 

Financial Implications:

There may be financial implications for Council if the matter is challenged via an appeal in the Land and Environment Court of NSW.

 

Legal Implications

If the application is refused, or if the applicant is dissatisfied with Council’s determination in the event of a deferred commencement consent, the applicant is entitled to appeal to the Land and Environment Court.

Under limited circumstances, third parties may have a right to appeal Council’s decision to the Land and Environment Court.

 

Summary and Conclusion

The development application seeks Council’s consent for the ‘staged’ construction of a replacement dwelling house, involving the nomination of a building envelope and demolition of the existing dwelling house. The proposed building envelope measures 40m x 20m and is positioned towards the southern end of the subject site, 43m from each of the side and rear property boundaries. 

Whilst staging is sought, the applicant has expressed concern about demolishing the existing dwelling until a new one is built.  Accordingly, to overcome this, Council can impose conditions with respect to the timing of the demolition.  However, the dwelling will need to be demolished as the application being put to Council is for a replacement dwelling.  Both draft consents have appropriate conditions of consent to address this.

Separate to this DA, Council has prepared and publicly exhibited an amendment to SLEP 2014 and associated supporting Chapter N16 to be inserted into SDCP 2014. 

The effect of these adopted amendments is to enable the subdivision of the subject site into two (2) allotments – one (1) with a minimum area of 1 hectare and taking in the northern portion of the site surrounding the existing dwelling house, and the other with a minimum area of 5 hectares taking in the balance of the subject site.

An acceptable designated building area has been identified in Chapter N16 of SDCP 2014 in an area adjacent to the existing dwelling house on the neighbouring property at No.21 Seasongood Road.  The location of this building area was in largely in response to the consultation with the RFS in relation to the planning proposal.

The proposed building envelope is located further south of the identified designated building area and does not strictly satisfy the provisions of Planning for Bushfire Protection 2006.  In response to Council’s consultation (undertaken in accordance with s79BA of the EP&A Act) the RFS has objected to the position of the proposed building envelope and recommended that it be relocated to a position consistent with the requirements of Chapter N16. 

It is acknowledged however that the performance criteria contained in 4.3.5 of Planning for Bushfire Protection 2006 have however been satisfied.  Accordingly, Council does have the option of supporting the proposal.  The deferred commencement consent is being recommended to uphold the integrity of the strategic planning framework acknowledging the  expertise of the RFS noting that there has been considerable work and consultation undertaken as part of the preparation of these plans. 

 

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CL17.292   Shoalhaven Contributions Plan 2010 Review - Update

 

HPERM Ref:       D17/325254

 

Group:                Planning Environment & Development Group 

Section:              Strategic Planning

 

Attachments:     1. Contributions Plan Review (under separate cover) ⇨

2. Previous Report - Overview Update (under separate cover) ⇨

 

    

 

Purpose / Summary

Obtain Council endorsement to proceed and continue with the review of Shoalhaven Contributions Plan (CP) 2010 as detailed in Attachment 1.

 

Recommendation That Council 1.    Endorse the continuation of the review of the Shoalhaven Contribution Plan 2010 based on the outline set out in Attachment 1. 2.    Be briefed on the detail of the draft review of the Shoalhaven Contribution Plan 2010 prior to reporting to Council for adoption to enable it to proceed to public exhibition.

 

Options

1.    Endorse the proposed review of the Shoalhaven CP 2010 based on the outline set out in Attachment 1.

Implications: This is the preferred option as it will enable the review of the Shoalhaven CP to continue with the aim to simplify the plan, and to provide a mechanism for community infrastructure projects to be completed sooner.

 

2.    Endorse the proposed review of the Shoalhaven Contribution Plan 2010 based on a revised outline.

Implications: This option is not preferred as it may not address all the issues that have been identified with the current CP.

 

3.    Not endorse a review of Shoalhaven Contribution Plan 2010.

Implications: This option is not recommended as the Shoalhaven CP has become overly complicated and has areas that require updating or clarifying.

 

Background

Over recent years, Council has considered a number of reports regarding this matter and most recently during March 2017 considered an overview/update report on the Contributions Plan Review (Attachment 2).  As a result of this report the Strategy & Assets Committee resolved that:

 

1.       The report on the proposed reforms to the Shoalhaven Contributions Plan 2010 be received for information

 

2.       The funds from recoupment projects and identified deleted projects be transferred to a “recoupment fund” and used as Council’s apportionment to projects and to provide seed funding for community infrastructure projects identified in the revised Contributions Plan

 

Section 94 of the Environmental Planning and Assessment Act 1979 (EP&A Act) enables Council to levy contributions on development for the provision of community infrastructure, which is required as a consequence of that development.  This is done through a Contributions Plan.  Council’s existing Contributions Plan, Shoalhaven Contributions Plan (CP) 2010 was prepared to replace Shoalhaven CP 1993 and utilises web-based delivery to provide a document that is publicly accessible all the time. The majority of the projects and contribution rates in the Shoalhaven Contributions Plan 1993 were transferred into the current CP, with limited review.

 

The current value of all the active projects in the CP is $290,180,573. These require, to varying degrees a contribution from Council in order to be commenced and completed. This contribution from Council amounts to $118,357,986, with the remaining $171,822,587 to be made up from development contributions paid when, and if, development occurs.

 

Reason for the Review

Over time the CP has become overly complicated with 178 active projects and a large number of deleted and superseded projects that are still required to be maintained.

 

This review aims to simplify the plan, and to provide a mechanism for community infrastructure projects to be completed in a more timely manner.

 

This will be done in two ways:

 

1.   Reviewing and updating the CP where required to clarify areas of uncertainty and make the CP easier to use, including updating the website to make it more user friendly and be consistent with the look and feel to the existing Local Environmental Plan (LEP)  and Development Control Plan (DCP) websites; and

 

2.   Consolidating the number of projects in the plan to enable Council to deliver achievable projects in a timelier manner.  This will allow Council to deliver priority infrastructure projects in line with the needs of the growing community.

 

Recreation projects – New Approach

The recreation projects, including active and passive recreation and community facilities have been rationalised and will be represented in the new CP in line with the outcomes of the Community Infrastructure Strategic Plan that was adopted by Council in 2016.  This new approach will allow projects to be rationalised, prioritised and completed in a timelier manner.

 

Road projects - Rationalisation

It is proposed to rationalise the road projects contained in the existing CP in order to remove projects with a low project total cost, a low apportionment to development, and catchments with a low development potential. 

 

Many of these are legacy projects that were included in the previous Shoalhaven CP 1993 and would be better removed from the CP and simply included in Council’s works program or achieved if possible through other funding means.  The low apportionment and lack of development potential of the catchment areas mean that Council is responsible for funding the majority of the projects.

 

Amended projects

Council is currently working on proposed changes to existing CP projects including:

·    South Nowra Internal Service Road 01ROAD3104 and 01ROAD3105 – Changes to road realignment and updated costings.  The detail of this will be presented to Council in due course.

·    Currambene Street Service Lane (03ROAD0057) – currently undergoing design works and costings update.

·    Morton Street Service Lane (03ROAD0058) – currently undergoing design works and costings update.

 

These projects will form part of this review if completed in time for public exhibition, or will undergo a separate public exhibition process.

 

Clarification of the refund process

Under the legislation, Council is not required to provide refunds of contributions paid, however, Council provides refunds where an error has occurred when calculating contributions applicable to a development, or when it has been requested along with a consent being surrendered.

 

The wording in the CP needs to be amended to make it clear that if a contributions project has no money available in it due to the project being commenced or completed, or if the money in a project has been reallocated to another, then a refund will not be possible.

 

It is proposed that the Contributions Management and Administration project rate will not be refundable, nor any payment fees that may have been incurred.  This is to reflect administration costs with accepting and refunding contributions payments as well as costs that have been already realised in relation to the Contributions Management and Administration project.

 

The Review Process

The CP will continue to be reviewed as outlined in Attachment 1.  This details the proposed changes to the plan, and the projects to be removed or amended.  It should be noted that the content of the review may be adjusted or revised through the review process but the actual revised draft CP will be reported to Council for adoption prior to public exhibition. Council will also be given a detailed briefing on the revised draft CP at the appropriate point.

 

The proposed changes are essentially summarised as follows:

 

·    A new system for funding and delivering priority contributions projects.

·    Update population forecasts.

·    Changes to clarify the wording of the CP and make it more easily interpreted.

·    Changing the list of projects included in the CP including active and passive recreation, community facilities, and road projects to enable their rationalisation.

·    Clarification and minor changes to how refunds are handled.

·    Inclusion of new land use terms, as well as refinement of contribution rates charged for certain land uses.

·    Updates to references and broken links through the CP.

·    Old subdivision properties to be charged contributions at the subdivision stage where appropriate (currently only charged when a dwelling is constructed).

·    Website to be updated and made more user friendly.

 

The draft CP will be presented in the form of a new Shoalhaven CP website, which will operate in tandem with the existing website (excluding the calculator to avoid confusion).  Once the new CP is adopted, the existing website will be removed.

 

Recent legislative changes

Section 94 contributions for residential development are currently capped at $20,000 per dwelling and $30,000 in greenfield areas.  There is no cap for non-residential development.

 

In July 2017, the NSW Minister for Planning announced the removal of the cap on development contributions for residential lots where an Independent Pricing & Regulatory Tribunal (IPART) reviewed contributions plan, which is approved by the Minister and adopted by the Council, sets a higher rate.  This may be relevant for future contribution plans being prepared for new urban release areas. 

 

The CP currently contains some contributions that are exempt from the cap by the NSW Minister for Planning which will continue to be exempt. 

 

Community Engagement

No community engagement is proposed at this stage.  Should Council endorse the proposed review, the draft Shoalhaven CP will be reported to Council in due course to be adopted for public exhibition.  Any public exhibition will need to meet the minimum requirements set out in the EP&A Regulations which sets out a minimum of period of 28 days.

 

Policy Implications

There are no other policy implications directly arising from this review at this point. Reviews of Council’s Planning Agreement and Works In Kind policies will take place in the near future, but there are no implications with the review of the CP as these policies, whilst related, sit outside and are separate to the Plan.

 

Financial Implications

There will be some potential loss of revenue from the deletion of smaller road projects, however, these are relatively small amounts collected over a long period of time as the rate of development in these project catchment areas is very slow.  This will, however, allow Council to free up funds from these projects and enable them to be spent as seed funding for priority projects as well as using these funds toward Council’s contributions to projects as agreed to at the Strategy & Assets Committee meeting held on 21/03/2017 (MIN17.197). Any such allocation of funds will need to be in accordance with adopted practice, i.e. re-allocation must be for a similar purpose and location as proposed in the original plan.

 

Risk Implications

This review will help ensure that the Shoalhaven CP is operating within the legislative framework.

   

Ordinary Meeting – Tuesday 24 October 2017 Page 94

 

Local Government Amendment (governance & planning) act 2016

Chapter 3, Section 8A  Guiding principles for councils

(1)       Exercise of functions generally

The following general principles apply to the exercise of functions by councils:

(a)     Councils should provide strong and effective representation, leadership, planning and decision-making.

(b)     Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.

(c)     Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.

(d)     Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.

(e)     Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.

(f)      Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.

(g)     Councils should work with others to secure appropriate services for local community needs.

(h)     Councils should act fairly, ethically and without bias in the interests of the local community.

(i)      Councils should be responsible employers and provide a consultative and supportive working environment for staff.

(2)     Decision-making

The following principles apply to decision-making by councils (subject to any other applicable law):

(a)     Councils should recognise diverse local community needs and interests.

(b)     Councils should consider social justice principles.

(c)     Councils should consider the long term and cumulative effects of actions on future generations.

(d)     Councils should consider the principles of ecologically sustainable development.

(e)     Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

(3)     Community participation

Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

 

Chapter 3, Section 8B  Principles of sound financial management

The following principles of sound financial management apply to councils:

(a)   Council spending should be responsible and sustainable, aligning general revenue and expenses.

(b)   Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.

(c)   Councils should have effective financial and asset management, including sound policies and processes for the following:

(i)      performance management and reporting,

(ii)      asset maintenance and enhancement,

(iii)     funding decisions,

(iv)     risk management practices.

(d)   Councils should have regard to achieving intergenerational equity, including ensuring the following:

(i)      policy decisions are made after considering their financial effects on future generations,

(ii)     the current generation funds the cost of its services

 

 

Chapter 3, 8C  Integrated planning and reporting principles that apply to councils

The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils:

(a)   Councils should identify and prioritise key local community needs and aspirations and consider regional priorities.

(b)   Councils should identify strategic goals to meet those needs and aspirations.

(c)   Councils should develop activities, and prioritise actions, to work towards the strategic goals.

(d)   Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources.

(e)   Councils should regularly review and evaluate progress towards achieving strategic goals.

(f)    Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals.

(g)   Councils should collaborate with others to maximise achievement of strategic goals.

(h)   Councils should manage risks to the local community or area or to the council effectively and proactively.

(i)    Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.