Agenda of Regional Development Committee

Minutes of the Regional Development Committee

Meeting Date: Tuesday, 9 April 2019

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

Time: 4.30pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr Annette Alldrick

Clr Nina Digiglio

Clr Kaye Gartner – joined the meeting 4.33pm

Clr Mark Kitchener

Clr John Levett

Clr Bob Proudfoot

Clr John Wells

Clr Patricia White

Clr Greg Watson

Stephen Dunshea – Acting General Manager

Apologies / Leave of Absence

Apologies were received from Clr Gash, Clr Pakes, and Clr Guile.

Confirmation of the Minutes

RESOLVED (Clr Digiglio / Clr White)

That the Minutes of the Regional Development Committee held on Thursday 14 November 2016 be confirmed.

CARRIED

Declarations of Interest

Clr Watson – 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 – less than significant non pecuniary interest declaration – He is a member of the Joint Regional Planning Panel – Will leave the room and will not take part in discussion or vote.

Election of Chairperson

RESOLVED (Clr Digiglio / Clr Wells)

That Clr Findley be appointed as the Acting Chairperson for this meeting of the Regional Development Committee.

CARRIED

Note: The meeting adjourned, the time being 5.00pm

Note: The meeting reconvened, the time being 5.01pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr Annette Alldrick

Clr Nina Digiglio

Clr Kaye Gartner

Clr Mark Kitchener

Clr John Levett

Clr Bob Proudfoot

Clr John Wells

Clr Patricia White

Stephen Dunshea – Acting General Manager

Reports

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

Clr Watson – Less than significant non pecuniary interest declaration – He is a member of the Joint Regional Planning Panel – Left the room and did not take part in discussion or vote.

Recommendation (Item to be determined under delegated authority)

The report is submitted for consideration.

RESOLVED (Clr Wells / Clr Proudfoot)

That Council

1. Allow Tonandura Pty Ltd to withdraw its Development Applications in respect of RA17/1002 and invite the company to resubmit.

2. Should a new application be submitted, provide a refund of up to 50% of the Development Application fees which will inevitably be recouped in the resubmission process.

For: Clr Findley, Clr Alldrick, Clr Digiglio, Clr Gartner, Clr Kitchener, Clr Levett, Clr Proudfoot, Clr Wells, and Clr White

Against: Stephen Dunshea

CARRIED

There being no further business, the meeting concluded, the time being 5.58pm.

Clr Amanda Findley

CHAIRPERSON

Regional Development Committee – Tuesday 23 July 2019

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RD19.2 Regional Development Application (RA18/1001) - 130 Princes Highway Ulladulla - Lot 5 & 6 DP 22193

HPERM Ref: D19/238913

Group: Planning Environment & Development Group

Section: Ulladulla Service Centre

Attachments: 1. Council Assessment Report Cover Sheet 2018 - Ulladulla Health One - 130 Princes Highway Ulladulla ⇩

2. Draft Conditions - Ulladulla Health One - Community Health Facility - 130 Princes Highway Ulladulla ⇩

3. Shoalhaven Water Notice - RA18-1001 - N1 ⇩

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 29 July 2019.

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 approval 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

Figure 1 - Subject site in the local context.

Figure 2 - Aerial image of the subject site. Site outlined in blue.

Background

Proposed Development

The proposal comprises the following:

Demolition of all existing structures and removal of all trees on site

Construction of an integrated community health centre building comprising:

· Total floor area of 964m² and height of 10.23m

· Two (2) operational floors

· One (1) basement carparking/plant level

· Consolidation of the land into one lot

The applicant’s plans & Statement of Environmental Effects indicates the Development proposed on each level as:

· Basement – 23 parking spaces, bike/bicycle parking, ambulance bay, garbage storage area, plant rooms

· Ground Floor – waiting room, children’s play area, reception, interview/consult/surgery rooms, meeting rooms, sanitary facilities & outdoor courtyard

· Level 1 – staff room, open work areas, communication room & sanitary facilities

Each floor is connected by stairs and a lift

Vehicular driveway access and egress to the basement car parking is proposed to be obtained from South Street. The driveway is positioned 17.6m east of the Princes Highway boundary of the site.

Figure 3 – Report Attachment – Time restricted parking – South Street Ulladulla – Shoalhaven Traffic Committee 11 June 2019

A drop off/pick up zone is approved by Council’s Traffic Committee (MIN19.437) on South Street east of the driveway entry to cater for Taxi and Community Transport Services.

The main pedestrian access to the ground floor of the building is via an entry accessible from the Princes Highway. A lift and two stair wells are to be provided to service the building.

Figure 4 – Perspective view from Princes Highway of the proposed development

Figure 5 - Perspective view from South Street of the proposed development

A site plan, basement, ground floor, first floor, elevations, sections, perspective views, materials & colours schedule, landscape plan and shadow diagrams are provided in Figures 1-17 in the attached s4.15 assessment report to the Joint Regional Planning Panel.

Subject Land and Surrounds

The land is located on the corner of South Street and the Princes Highway in Ulladulla. The site comprises 2 separate parcels of land being 82 South Street and 130 Princes Highway - Lot 6 DP 22193 and Lot 5 DP 22193.

The site is bound by South Street in the north (33.46m) and Princes Highway in the west (39.7m). The site has a total land area of 1384.78m². The site slopes gradually from the south west at Princes Highway to the north east at South street (RL 36.5 – 29).

The site currently contains a single storey (over an undercroft) brick dwelling with tile roof and is described by the submitted Heritage Impact Statement as an interwar functionalist style dwelling. Existing trees are located within the two Street frontages and along the east and south boundaries.

Opposite the site to the north are commercial premises (Dominos Pizza, Ulladulla Chinese Restaurant, accountants, laundry and carwash). Adjoining the site to the south is a 3 storey commercial premises (comprising a number of retail and commercial tenants). To the east are single storey detached residential dwellings. West of the site and on the opposite side of Princes Highway is a row of shops/commercial premises and Woolworths retail complex.

The land in this location is zoned B4 Mixed use. An extract from the Shoalhaven Local Environmental Plan 2014 (SLEP 2014) Land Use Zoning Map is provided in Figure 6.

Figure 6 - 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 100-metre radius of the site and the Ulladulla & Districts Community Forum Inc were notified of the proposal. The notification period was from 28 November 2018 to 28 December 2018 (30 days);

o The proposal was advertised in the Milton Ulladulla Times newspaper on 28 November 2018;

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

Three (3) submissions were received by Council comprising two (2) identical submissions from one objector and one (1) submission requesting advice on the proposal.

Planning Assessment

A detailed discussion of the key issues is contained in the attached section 4.15 Assessment report. The report recommends approval of the development application. This report has been submitted to the RPP.

Policy Implications

A key policy consideration is parking. The issue was addressed by the applicant via Parking Demand Study. 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. RA18/1001 be approved.

Accordingly, Shoalhaven City Council as the assessment authority recommends development application RA18/1001 be approved for the following reasons:

i. The proposed Health services facility is permitted within the B4 Mixed Use zone with the consent of Council;

ii. The assessment identified the development complies with the height control and setbacks while demonstrating a suitable built form and massing that is compatible with surrounding development;

iii. The proposal protects solar access and view sharing for surrounding development;

iv. The existing building proposed for demolition is not identified as an item of environmental heritage or located in a heritage precinct;

v. The recommended parking solutions in the report and attached draft conditions are considered acceptable;

vi. The site is not identified as being encumbered by any potential constraints or natural hazards;

vii. The amalgamation of community health services into one location provides economies of scale that should improve the management and delivery of community health while freeing up redundant facilities for other purposes.

Regional Development Committee – Tuesday 23 July 2019

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