Agenda of Regional Development Committee

Minutes of the Regional Development Committee

Meeting Date: Monday, 14 November 2016

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

Time: 4.00pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr Joanna Gash

Clr John Wells

Clr Nina Cheyne

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Others present:

Tim Fletcher – Director Planning and Development

Ben Stewart – Director Asset and Works

Cathy Bern – Section Manager Development Services

Nicholas Cavallo – Senior Development Planner

Jessica Rippon – Executive Manager Communications

Martin Upitis – Section Manager Asset Management

Apologies / Leave of Absence

RESOLVED (Clr Cheyne / Clr Gash)

Apologies have been received from Clr Pakes, Clr White and Russ Pigg. Clr Alldrick is a leave of absence.

CARRIED

Confirmation of the Minutes

RESOLVED (Clr Wells / Clr Cheyne)

That the Minutes of the meeting of the Regional Development Committee held on Tuesday 9 August 2016 be confirmed.

CARRIED

Declarations of Interest

Nil

Deputations

RD16.1 Regional Development Application – Multi storey carpark - Lawrence Ave / Worrigee St / Berry St, Nowra: Stephanie Gates - Chairman of the Berry Court Owners Corporation

Reports

RD16.1 Regional Development Application – Multi storey carpark - Lawrence Ave / Worrigee St / Berry St, Nowra

HPERM Ref: D16/351341

Recommendation (Item to be determined under delegated authority)

The report is submitted for consideration.

RESOLVED (Clr Wells / Clr Findley)

That Councillors support the staff recommendation to the Joint Regional Planning Panel (JRPP) Southern Regional recommending conditional approval and advise the JRPP accordingly.

CARRIED

For: Clr Findley, Clr Cheyne, Clr Gash, Clr Kitchener, Clr Proudfoot and Clr Wells

Against: Clr Watson

There being no further business, the meeting concluded, the time being 4.56pm.

Clr Findley

CHAIRPERSON

Regional Development Committee – Tuesday 09 April 2019

Page 1

RD19.1 Regional Development Application (RA17/1002) – 204, 206 & 208 Kinghorne Street - Lot 1 DP 130928, Lot A DP 370205 & Lot 5 DP 542693 and 19 & 21 Gould Avenue - Lot A DP 392035 & Lot B DP 370205

HPERM Ref: D19/87704

Group: Planning Environment & Development Group

Section: Development Services

Attachments: 1. Report - Southern Regional Planning Panel - Southern Region - s4.15 Assessment Report ⇩

Purpose / Summary

To review the section 4.15 assessment report prepared by Council staff which has been submitted to the Southern Regional Planning Panel for consideration at its meeting on 15 April 2019.

It is noted that the matter was originally scheduled to be reported to the Regional Development Committee on 28 March 2019, however, due to additional information being submitted by the applicant on 27 March 2019 in relation to the clause 4.6 variation report, insufficient time was provided to amend the section 4.15 Assessment Report and the meeting rescheduled.

On 1 April 2019, the applicant provided a further amended clause 4.6 variation report to provide additional justification to support the request to vary the maximum height of building development standard under clause 4.3 of SLEP 2014.

This report and the attached section 4.15 assessment report to the Southern Regional Planning Panel have been amended in their entirety to address the applicant’s amended clause 4.6 variation report.

Recommendation (Item to be determined under delegated authority)

The report is submitted for consideration.

Options

1. Support the staff recommendation to the Southern Regional Planning Panel (RPP) for refusal of the application and advise the RPP accordingly.

Implications: The recommendation would be provided to the RPP for their information as part of their consideration of the regional application.

2. Make an alternative resolution and make a separate submission to the RPP.

Implications: The alternative resolution would be provided to the RRP for their consideration.

The RPP will be the determining authority for the application.

Location Maps

Background

Proposed Development

The development application (DA), as amended, proposes the construction of a residential apartment complex consisting of 91 apartments as follows:

Two x four storey residential buildings containing:

o 4 x studio apartments;

o 16 x one-bedroom apartments;

o 45 x two-bedroom apartments;

o 26 x three-bedroom apartments; and

o A basement car parking area with 140 spaces.

Two-way vehicular access to the basement is proposed from Gould Avenue.

Remnant vegetation on all lots is proposed to be removed.

A site plan, ground floor, elevations, landscape plan and photomontages are provided in Figures 1 – 10.

The demolition of the existing dwellings on the site are not included in this application and will be subject of a separate Complying Development Certificate (CDC).

Figure 1 - Site Plan of the proposed development.

Figure 2 - Basement floor plan of the proposed development.

Figure 3 – Elevation of the proposed development (southern – Kalandar Street).

Figure 4 - Elevations of the proposed development (northern elevation).

Figure 5 - Elevation of the proposed development (western elevation - Kinghorne Street).

Figure 6 - Elevation of the proposed development (eastern elevation - Gould Avenue).

Figure 7 - Landscape plan of the proposed development.

Figure 8 - Photomontage view from the south-eastern (Kalandar Street at Gould Avenue).

Figure 9 - Photomontage view from the south west (Kinghorne Street).

Subject Land and Surrounds

The land is located on the corner of Kinghorne and Kalandar Street and Gould Avenue in Nowra. The site comprises 5 separate parcels of land being 204, 206 and 208 Kinghorne Street and 19 and 21 Gould Avenue - Lot 1 DP 130928, Lot A DP 370205 and Lot 5 DP 542693 Lot A DP 392035 and Lot B DP 370205.

The site is bound by Gould Avenue in the east (63m), Kalandar Street in the South (82.7m), Kinghorne Street in the west (63.8m). The site has a total land area of 5,528m². The site slopes gradually from the west at Kinghorne Avenue to the east at Gould Avenue (RL 29.95 – 27.20).

Four of the lots (excluding 208 Kinghorne Street- Lot 5 DP 542693) have been developed with detached single-storey dwellings on each lot. The land is generally cleared of native vegetation with limited remnant native vegetation and ornate gardens. The remnant vegetation includes a large eucalyptus tree.

Adjoining the site to the north is a motel building (Nowra Motor Inn). Opposite the site to the south (Kalandar St) is a public reserve and cemetery (Nowra General Cemetery – item 361 in Schedule 5 of SLEP 2014. To the east and on the opposite side of Gould Avenue are single storey detached residential dwellings. West of the site and on the opposite side of Kinghorne Street are medium density villas, single dwellings and a car tyre shop. Council is currently assessing an application for a 4-storey mixed-use development consisting of 57 residential units and commercial space on ground level (DA16/1465) on the land at Lots 1, 29 and 30 DP 25114 (173 Kinghorne Street and 2 and 4 Albatross Road). This application was lodged concurrent to a planning proposal which modified the height controls for the site. The land in this location is zoned B4 Mixed use. Refer to Figure 13.

An extract from the Shoalhaven Local Environmental Plan 2014 (SLEP 2014) Land Use Zoning Map is provided in Figure 10.

Figure 10 - Extract from the SLEP 2014 Land Use Zoning Map. Site outlined in red.

Community Engagement

This DA has been exhibited in accordance with Council’s Community Consultation Policy for Development Applications (including subdivision) and the Formulation of Development Guidelines and Policies. As such, the DA has been notified as follows:

o Individual property owners within a 120-metre radius of the site and the Nowra Chamber of Commerce were notified of the proposal. The notification period was from 20 December 2017 to 19 January 2018 (38 days) – notification was extended over the Christmas period in accordance with Council policy;

o The proposal was advertised in the South Coast Register on 20 December 2017;

o The application and supporting documentation were on display on Council’s website.

No submissions were received by Council.

Planning Assessment

A detailed discussion of the key issues is contained in the attached section 4.15 Assessment report. The report recommends refusal of the development application based upon the reasons for refusal outlined under Section 8 of the report. This report has been submitted to the RPP.

Whilst the assessment has concluded that the non-compliances with the Apartment Design Guide (used in conjunction with the SEPP) are relatively minor, the height exceeds the maximum permitted by the SLEP 2014 which is considered a significant issue. The site contains no significant features or exceptional circumstances which warrant a protrusion into the height plane, noting also that the site is in an area future character envisaging 11m which can equate to 3 storeys.

The clause 4.6 variation is explored in greater detail in the attached report.

Policy Implications

A key policy consideration is height. Currently, there is a 11m height limit which applies to the site. The development exceeds the 11m height limit under clause 4.3 of SLEP 2014 by as much as 2.32m. The issue was addressed by the applicant via a formal clause 4.6 variation statement. As mentioned previously, the matter is discussed in the attached section 4.15 report in further detail.

Financial Implications

There are potential cost implications for Council in the event of a refusal of the application.

Such costs would be associated with defending any appeal in the Land and Environment Court (the Court) of NSW.

Legal Implications

Pursuant to section 8.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act), a decision of the Council (i.e. in this instance the RPP) may be subject of a formal review by the applicant in the event of an approval or refusal. Alternatively, an applicant who is dissatisfied with the determination of the application by the Council may appeal to the Court against the determination pursuant to section 8.7 of the EP&A Act.

Summary and Conclusions

This application has been assessed having regard for section 4.15 (Matters for consideration) under the EP&A Act. As such, it is recommended that Development Application No. RA17/1002 be refused.

Accordingly, Shoalhaven City Council as the assessment authority recommends development application RA17/1002 be refused for the following reasons:

(i) Non-compliance with State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development in relation to the Apartment Design Guide (s4.15(1)(a)(i) of the EP&A Act).

(ii) The applicant’s written request to vary the height of building development standard under clause 4.3 of Shoalhaven Local Environmental Plan 2014 has not adequately addressed both of the matters required to be demonstrated by cl 4.6(3)(a) and (b) of SLEP 2014 (s4.15(1)(a)(i) of the EP&A Act).

(iii) The development is likely to have adverse impacts on the built environment (s4.15(1)(b) of the EP&A Act).

(iv) The site is not suitable for the development as proposed (s4.15(1)(c) of the EP&A Act).

(v) The development is not in the public interest (s4.15(1)(e) of the EP&A Act).