Agenda of Development & Environment Committee

Minutes of the Development & Environment Committee

Meeting Date: Tuesday, 6 August 2019

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

Time: 5.00pm

The following members were present:

Clr Amanda Findley

Clr Joanna Gash - Chairperson

Clr Patricia White

Clr John Wells

Clr John Levett

Clr Nina Digiglio

Clr Annette Alldrick

Clr Kaye Gartner

Clr Mitchell Pakes

Clr Mark Kitchener – arrived 5.10pm

Clr Bob Proudfoot

Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence

Apologies were received from Clr Watson, Clr Guile, and Clr Kitchener (arrived late).

Confirmation of the Minutes

RESOLVED (Clr White / Clr Digiglio) MIN19.530

That the Minutes of the Development & Environment Committee held on Tuesday 02 July 2019 be confirmed.

CARRIED

Declarations of Interest

Nil

Call Over of the Business Paper

The following items were called up for debate:

DE19.64, DE19.65, DE19.66, DE19.69, DE19.72, DE19.73, DE19.74, 19.75, 19.76.

The remaining items were resolved en bloc (Clr White / Clr Wells) at this time. They are marked with an asterisk (*) in these Minutes.

Mayoral Minutes

Nil

Deputations and Presentations

DE19.64 SF10541 - C130 Princes Hwy MEROO MEADOW - Lot 502 DP 1221372

Mr Matt Philpott, of Allen Price & Scarratts, addressed the meeting and spoke in favour of the recommendation.

DE19.66 Moss Vale Road North Urban Release Area - Detailed Supporting Plans

Mr Matt Philpott, of Allen Price & Scarratts, addressed the meeting and spoke in favour of the recommendation.

Note: Clr Kitchener arrived at 5.10pm.

Procedural Motion - Bring Item Forward

RESOLVED (Clr Pakes / Clr White) MIN19.531

That the following matters be brought forward for consideration:

· DE19.64 - SF10541 - C130 Princes Hwy MEROO MEADOW - Lot 502 DP 1221372

· DE19.66 - Moss Vale Road North Urban Release Area - Detailed Supporting Plans

CARRIED

Reports

DE19.64 SF10541 - C130 Princes Hwy MEROO MEADOW - Lot 502 DP 1221372

HPERM Ref: D19/187428

Recommendation (Item to be determined under delegated authority)

That Council:

1. Approve Development Application SF10541 for a fifteen (15) lot Torrens title subdivision and associated site works at C130 Princes Highway, Meroo Meadow - Lot 502 DP 1221372 by way of Deferred Commencement consent, subject to the recommended conditions of consent contained in Attachment 2 to this report.

2. Support the preparation of a planning proposal over C130 Princes Highway, Meroo Meadow - Lot 502 DP 1221372 to amend Shoalhaven Local Environmental Plan 2014 (SLEP 2014) to rezone the current R1 General Residential component of the land to R5 Large Lot Residential and also apply a 1,500m² minimum lot size and 8.5m height limit to that part of the land.

3. Submit the Planning Proposal to the NSW Department of Planning, Industry and Environment (PIE) to request a ‘Gateway determination’. If a favourable determination is received, proceed to public exhibition and report back to Council with the outcomes of the exhibition period.

RESOLVED (Clr Gartner / Clr Digiglio) MIN19.532

That Council:

For: Clr Findley, Clr Gash, Clr White, Clr Levett, Clr Digiglio, Clr Gartner, Clr Pakes, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Clr Wells and Clr Alldrick

CARRIED

DE19.66 Moss Vale Road North Urban Release Area - Detailed Supporting Plans

HPERM Ref: D19/214378

Recommendation (Item to be determined under delegated authority)

That Council

1. Acknowledge the work undertaken by the proponent group and give ‘in-principle’ support to the current package of information for the Moss Vale Road North Urban Release Area being used as the basis for the detailed supporting plans, including the Planning Proposal Background Report being used as the basis for preparing a Planning Proposal to amend Shoalhaven Local Environmental Plan 2014.

2. Prepare and submit the Planning Proposal to the NSW Department of Planning, Industry and Environment for Gateway determination and if necessary, receive a further report following receipt of the Gateway determination.

3. Formally commence the preparation of a Development Control Plan Chapter and Contributions Plan for the Moss Vale Road North Urban Release Area as required by Part 6 of Shoalhaven Local Environmental Plan 2014.

4. Continue to work with the Moss Vale Road North Owners Group to discuss opportunities highlighted in the report and resolve the issues identified in this report and through initial staff referrals as the Planning Proposal, Development Control Plan Chapter and Contributions Plan are advanced and prepared.

5. Investigate biodiversity certification for the Urban Release Area with a further report to be provided to Council in due course.

6. Investigate the preparation of an affordable housing contribution scheme under the SEPP 70 Affordable Housing (Revised Schemes) for the Urban Release Area and opportunities more generally to ensure affordable housing outcomes in the area.

7. Investigate and report back on potential suburb naming options for the Moss Vale Road North and Moss Vale Road South Urban Release Areas.

Note: Clr Proudfoot left the meeting at 5.50pm

RESOLVED (Clr Gartner / Clr Alldrick) MIN19.533

That Council

5. Investigate biodiversity certification for the Urban Release Area with a further report to be provided to Council in due course.

7. Investigate and report back on potential suburb naming options for the Moss Vale Road North and Moss Vale Road South Urban Release Areas.

For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Levett, Clr Digiglio, Clr Alldrick, Clr Gartner, Clr Pakes, Clr Kitchener, and Stephen Dunshea

Against: Nil

CARRIED

Note: Clr Proudfoot returned to the meeting at 5.53pm

DE19.65 Development Application – 38 Lyrebird Drive Nowra - Lot 74 DP 1198691 DA18/2175

HPERM Ref: D19/228785

Recommendation (Item to be determined under delegated authority)

That Council consider the conditions of consent as shown in Attachment 4.

RESOLVED (Clr Pakes / Clr White) MIN19.534

That Council endorse the conditions of consent as shown in Attachment 4, with Part B, Condition 5 (d) of the Consent amended to:

Demonstrating that permanent, fail-safe, maintenance-free measures are incorporated in the development to ensure the timely, orderly and safe evacuation of people is possible from the area and that it will not add significant cost and disruption to the community of the NSW State Emergency Services (SES).

For: Clr Gash, Clr White, Clr Wells, Clr Levett, Clr Alldrick, Clr Gartner, Clr Pakes, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Clr Findley and Clr Digiglio

CARRIED

DE19.66 Moss Vale Road North Urban Release Area - Detailed Supporting Plans

HPERM Ref: D19/214378

Item dealt with earlier in the meeting see MIN19.533

DE19.67 Update - Planning Proposal - Inyadda Drive, Manyana

HPERM Ref: D19/234274

RESOLVED* (Clr White / Clr Wells) MIN19.535

That Council receive the report on the Planning Proposal – Inyadda Drive, Manyana, for information.

CARRIED

DE19.68 Update - Halloran Trust Lands Planning Proposal - Biodiversity Certification

HPERM Ref: D19/208445

RESOLVED* (Clr White / Clr Wells) MIN19.536

That Council receive this report on the progress of bio-certifying the Halloran Trust Lands Planning Proposals for information, noting that the biodiversity certification reports will be submitted to the NSW Office of Environment and Heritage by 25 August 2019.

CARRIED

DE19.69 Public Hearing Outcome and Proposed Finalisation - Planning Proposal (PP023) - Anson Street, St. Georges Basin

HPERM Ref: D19/219918

Recommendation (Item to be determined under delegated authority)

That Council

1. Receive the Independent Chairperson’s Report on the Public Hearing held on 1 July 2019 regarding Planning Proposal PP023 for information.

2. Adopt and finalise Planning Proposal PP023 as exhibited.

3. Forward PP023 to the NSW Parliamentary Counsel’s Office to draft the amendment to Shoalhaven Local Environmental Plan 2014.

4. Give effect to the decision by making the resulting amendment to the Shoalhaven Local Environmental Plan 2014 using Council’s delegation, through arranging for the instrument to be notified on the NSW Legislation Website.

5. Write to the affected landowner, relevant community groups/individuals and advise them of this decision.

6. Proceed to separately review the building height controls for the adjacent B4 and R1 zoned land to the north and south of the subject land to consider establishing a consistent outcome (8.5 metre maximum mapped height) and advise the affected landowners in this regard.

RESOLVED (Clr Findley / Clr Proudfoot) MIN19.537

That Council

1. Receive the Independent Chairperson’s Report on the Public Hearing held on 1 July 2019 regarding Planning Proposal PP023 for information.

2. Adopt and finalise Planning Proposal PP023 as exhibited.

3. Forward PP023 to the NSW Parliamentary Counsel’s Office to draft the amendment to Shoalhaven Local Environmental Plan 2014.

5. Write to the affected landowner, relevant community groups/individuals and advise them of this decision.

For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Levett, Clr Digiglio, Clr Alldrick, Clr Gartner, Clr Pakes, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Nil

CARRIED

DE19.70 Audit by NSW Planning Industry & Environment - use clause 4.6 of Shoalhaven Local Environmental Plan 2014

HPERM Ref: D19/242003

RESOLVED* (Clr White / Clr Wells) MIN19.538

That the report on the Department of Planning Industry and Environment’s Audit be received for information.

CARRIED

DE19.71 Home modifications to permit elderly and injured residents to return to their dwellings

HPERM Ref: D19/240753

RESOLVED* (Clr White / Clr Wells) MIN19.539

That Council adopt the draft policy as presented as Attachment 1 to this report.

CARRIED

DE19.72 Quarterly review for compliance matters

HPERM Ref: D19/219965

Recommendation (Item to be determined under delegated authority)

That Council receive the quarterly report on compliance matters for information.

RESOLVED (Clr Proudfoot / Clr White) MIN19.540

That Council receive the quarterly report on compliance matters for information.

For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Levett, Clr Digiglio, Clr Alldrick, Clr Gartner, Clr Pakes, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Nil

CARRIED

DE19.73 Bomaderry Grey-headed Flying Fox Community Education Grant from Local Government NSW

HPERM Ref: D19/214637

Recommendation (Item to be determined under delegated authority)

That Council

1. Receive the report for information regarding the $10,000 grant (excl. GST) received from NSW Office of Environment and Heritage and Local Government NSW for the Bomaderry Grey-headed Flying-fox Community Education project; and

2. Write to the NSW Office of Environment and Heritage and Local Government NSW thanking them for the grant and their support of the project.

RESOLVED (Clr Proudfoot / Clr Gartner) MIN19.541

That Council

2. Write to the NSW Office of Environment and Heritage and Local Government NSW thanking them for the grant and their support of the project.

For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Levett, Clr Digiglio, Clr Alldrick, Clr Gartner, Clr Pakes, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Nil

CARRIED

DE19.74 Grant Application: Coastal & Estuary Grants Program 2018-19

HPERM Ref: D19/230517

Recommendation (Item to be determined under delegated authority)

That Council

1. Accept the grant offer of $105,000 (ex GST) from NSW Department of Planning, Industry and Environment (DPIE) for Protecting and Enhancing the Shoalhaven’s Coastal Wetlands and Bushland Reserves project, over 3 years.

2. Provide matching funding, from the existing operational budget (job #15817).

3. Write a letter of thanks to the Member for the South Coast and NSW Minister for Local Government, the Hon. Shelley Hancock, for the grant.

RESOLVED (Clr Proudfoot / Clr Findley) MIN19.542

That Council

2. Provide matching funding, from the existing operational budget (job #15817).

3. Write a letter of thanks to the Member for the South Coast and NSW Minister for Local Government, the Hon. Shelley Hancock, for the grant.

For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Levett, Clr Digiglio, Clr Alldrick, Clr Gartner, Clr Pakes, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Nil

CARRIED

DE19.75 Lake Conjola Entrance Opening and other Matters Relating to Mayoral Minute MIN19.143

HPERM Ref: D19/246757

Recommendation (Item to be determined under delegated authority)

That Council:

1. Write to The Honourable Melinda Pavey MP, Minister for Water, Property and Housing, to thank her for her assistance in the granting of a licence to carry out “Access and Environmental Protection Work” (Conjola Lake entrance opening works).

2. Write to The Honourable Shelley Hancock MP, Minister for Local Government, to thank her for her assistance and support in making representations for the Licence application for Lake Conjola entrance opening works.

3. Receive a briefing regarding the formulation of a “dry notch” management policy for Lake Conjola.

RESOLVED (Clr White / Clr Kitchener) MIN19.543

That Council:

3. Receive a briefing regarding the formulation of a “dry notch” management policy for Lake Conjola.

For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Levett, Clr Digiglio, Clr Alldrick, Clr Gartner, Clr Pakes, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Nil

CARRIED

DE19.76 Orient Point Wetland Bushwalk

HPERM Ref: D19/191949

Recommendation (Item to be determined under delegated authority)

That Council continue to maintain the newly constructed Orient Point Wetland duck board bushwalk, provided the following works are undertaken, prior to re-opening the bushwalk:

1. Track head area to be landscaped (Orama Crescent entrance);

2. Move the star picket, inserted on the outward side of the bearers (as per photo) to secure the structure, to the inside where they pose less risk to the user;

3. Installation of track head signage, stating that the bushwalk is rated as a Grade 3 (as per Australian Standards), with a narrow (380mm) width.

RESOLVED (Clr Pakes / Clr Findley) MIN19.544

That Council continue to maintain the newly constructed Orient Point Wetland duck board bushwalk, provided the following works are undertaken, prior to re-opening the bushwalk:

1. Track head area to be landscaped (Orama Crescent entrance);

2. Move the star picket, inserted on the outward side of the bearers (as per photo) to secure the structure, to the inside where they pose less risk to the user;

3. Installation of track head signage, stating that the bushwalk is rated as a Grade 3 (as per Australian Standards), with a narrow (380mm) width;

4. Council undertake regular inspections of Orient Point Wetland bushland tracks for a period of 6 months;

5. Installation of signage, handrails, and a formalised entrance to the Wetland;

6. The access points to the Wetland remain closed until the works are completed.

For: Clr Findley, Clr Gash, Clr Wells, Clr Levett, Clr Digiglio, Clr Alldrick, Clr Gartner, Clr Pakes, Clr Kitchener and Stephen Dunshea

Against: Clr White and Clr Proudfoot

CARRIED

DE19.77 Review of Environmental Factors - Woollamia and St Andrews Way - Berrys Bay- Pressure Sewer Scheme

HPERM Ref: D19/202563

RESOLVED* (Clr White / Clr Wells) MIN19.545

That

1. After consideration of the REF for Woollamia Pressure Sewerage System, June 2019,

a. Council determine that it is unlikely that there will be any significant environmental impact as a result of the proposed work and an Environmental Impact Statement is therefore not required for the proposed activity.

b. The proposed mitigation measures and controls outlined in the REF be adopted and implemented.

2. After consideration of the REF for St Andrews Way, Berrys Bay Pressure Sewerage System, June 2019,

b. The proposed mitigation measures and controls outlined in the REF be adopted and implemented.

CARRIED

There being no further business, the meeting concluded, the time being 6.31pm.

Clr Gash

CHAIRPERSON

Development & Environment Committee – Tuesday 03 September 2019

Page 1

DE19.80 Exhibition - Proposed Development Control Plan and Contribution Plan Amendments - St Georges Basin Village Centre

HPERM Ref: D19/150814

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Draft Chapter N23: St Georges Basin, Village Centre (under separate cover) ⇨

Purpose / Summary

Obtain the required resolution to commence public exhibition of the following:

· Housekeeping amendments to Chapter N23: St Georges Basin Village Centre of Shoalhaven Development Control Plan (DCP) 2014.

· Deletion of the Shoalhaven Contributions Plan (CP) 2019 project 03ROAD2113 (St Georges Basin Village Centre Service Lane).

Recommendation (Item to be determined under delegated authority)

That Council:

1. Endorse the preparation of the housekeeping amendment to Chapter N23: St Georges Basin Village Centre of Shoalhaven Development Control Plan (DCP) 2014 (Attachment 1) which in part includes the changes resolved by Council on 7 May 2019 (MIN19.287).

2. Exhibit the following for a minimum period of 28 days in accordance with legislation:

a. Housekeeping amendments to Chapter N23: St Georges Basin Village Centre of Shoalhaven DCP 2014 (Attachment 1)

b. Deletion of the Shoalhaven Contributions Plan 2019 project 03ROAD2113 (St Georges Basin Village Centre Service Lane).

3. Receive a further report following the public exhibition to consider submissions received and to consider finalisation of the draft Amendment.

4. Notify affected landowners and the Basin Villages Forum of this resolution and future exhibition arrangements.

Options

1. As recommended.

Implications: This is consistent with Council resolution of 7 May 2019 regarding the proposed service lane at the St Georges Basin Village Centre. It also enables the associated general housekeeping review of Chapter N23 to be advanced, which predominantly seeks to streamline the Chapter and remove redundant and duplicated content.

2. Adopt an alternative recommendation.

Implications: This will depend on the extent of any changes but may delay the implementation of updated DCP provisions and deletion of the 03ROAD2113 CP project.

3. Not adopt the recommendation.

Implications: This would be inconsistent with the previous Council resolution (MIN19.287) and would mean a general housekeeping of Chapter N23 could not be progressed at this point in time.

Background

Through the assessment of DA17/2435 for a commercial building at 148 Island Point Road, St Georges Basin (Applicant: Harpley), there have been ongoing discussions, Council reports (DE19.34, CL19.146) and decisions regarding the future of the proposed service lane and related vehicle access restrictions along Island Point Road. Additionally, concerns have also been raised regarding the substantial development costs to landowners / developers regarding the applicable contributions project, 03ROAD2113 (St Georges Basin Village Centre Service Lane).

On 7 May 2019, Council resolved (MIN19.287) to remove the proposed service lane from Chapter N23 of Shoalhaven DCP 2014 and the associated contributions project 03ROAD2113 from the Shoalhaven CP 2019.

Essentially, the draft DCP Amendment that is the subject of this report proposes to implement the above Council resolution as follows:

· Remove Section 5.1.3 Service Lanes from DCP Chapter N23 and update Supporting Map 1 accordingly.

· Rename remaining relevant ‘service lane’ references to ‘private road’ and redistribute to other sections of the Chapter.

The draft DCP Amendment also proposes minor ‘housekeeping’ changes throughout the Chapter that improve its function, but do not alter the overall intent. Some of the changes include;

· Updating Lot and DP references.

· Deleting specific performance criteria and acceptable solutions relating to development applications that have previously been undertaken (i.e. IGA development).

· Provide updated numbering following the deletion of provisions.

· Minor changes to punctuation, spelling, grammar, structure, formatting, acronyms.

· Plain English review.

· Highlighting DCP and LEP dictionary terms.

· Removing duplicated or redundant content.

Contributions project 03ROAD2113 is proposed to be removed from the Shoalhaven CP 2019 as part of this Amendment process. Until such time as this project is actually deleted, as per MIN19.352, the applicant of development application DA17/2435 will need to apply to modify the consent in order to defer any contributions payable for the project that is proposed to be deleted.

Community Engagement

The amendments to the DCP and CP will be publicly exhibited for at least 28 days in accordance with legislative requirements at the Nowra Administrative Building. Documentation will also be available on Council’s website and at the Ulladulla Administrative Building. Affected landowners and the Basin Villages Forum will be advised of the exhibition arrangements relating to the Amendments.

Financial Implications

The draft Amendment will be resourced within the existing Strategic Planning budget.

Development & Environment Committee – Tuesday 03 September 2019

Page 1

DE19.81 Draft Low Density Residential Amendment - Shoalhaven DCP 2014 (DCP2014.25) - Post Exhibition Consideration and Finalisation

HPERM Ref: D19/256782

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Exhibition Submission Summary ⇩

2. Chapter G12 - Post Exhibition Version (under separate cover)

Purpose / Summary

· Consider the submissions received as a result of the public exhibition of the draft Low Density Residential Amendment (the Amendment) to Shoalhaven Development Control Plan (DCP) 2014.

· Consider the finalisation of the Amendment.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Adopt the draft Low Density Residential Amendment (the Amendment) as exhibited, with the inclusion of the changes to draft Chapter G12 as highlighted in Attachment 1 and shown in Attachment 2.

2. Notify the adoption of the Amendment in local newspapers in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations.

3. Rescind existing Chapter G12: Dwelling Houses, Rural Worker's Dwellings, Additions and Ancillary Structures of Shoalhaven Development Control 2014 when the Amendment is made effective.

4. Advise key stakeholders, including relevant industry representatives, of this decision, and when the Amendment will be made effective.

Options

1. As recommended.

Implications: This is the preferred option as it will enable the resolution of operational issues and matters that require clarification to improve the function of the low density residential development provisions in Shoalhaven.

The Amendment will also result in provisions that holistically consider local character and context, good quality design, amenity, universal design (optional) and more broadly the public interest.

2. Adopt an alternative recommendation.

Implications: This will depend on the extent of any changes and could postpone the finalisation of the Amendment. Depending on the extent of any changes that may be made to the exhibition version of the Amendment, re-exhibition may be appropriate.

3. Not adopt the recommendation.

Implications: This could stop or defer the implementation of more appropriate and better structured low density residential development provisions.

Background

On 7 May 2019, Council’s Development & Environment Committee resolved (MIN19.291) to:

1. Support the exhibition of the draft Low Density Residential Amendment to Shoalhaven Development Control Plan 2014 for a period of 28 days as per legislative requirements.

2. Receive a further report on the draft Low Density Residential Amendment following the conclusion of the public exhibition period.

3. Continue to investigate the possibility of an off-site mature tree replacement scheme for Shoalhaven in line with MIN18.955(4) and receive a future report on this matter.

4. Advise key stakeholders, including relevant industry representatives, of this decision.

The Amendment seeks to improve the function of low density residential development controls within the DCP and also address policy gaps/operational issues or matters that need clarification that have been identified in regard to this development form since the Shoalhaven DCP 2014 originally became effective on 22 October 2014.

The Amendment includes:

· The repeal of existing Chapter G12: Dwelling Houses, Rural Worker's Dwellings, Additions and Ancillary Structures.

· Proposed new Chapter G12: Dwelling Houses and Other Low Density Residential Development.

· Proposed related amendments to the DCP Dictionary.

Draft Chapter G12 applies to dwelling houses and rural workers’ dwellings (including additions and alterations), relocation of second-hand dwellings, detached habitable rooms, secondary dwellings, ancillary structures and non-habitable structures on vacant land.

Public Exhibition

In accordance with the resolution, the Amendment package was publicly exhibited for a period of 30 days from Wednesday 29 May to Friday 28 June 2019 (inclusive).

Notices appeared in local newspapers on 29 May 2019. All Community Consultative Bodies, relevant development industry representatives (91) and one interested community member were notified directly in writing.

The exhibition material included the:

· Explanatory Statement.

· Draft Chapter G12: Dwelling Houses and Other Low Density Residential Development and the draft Dictionary. To view a copy of these Chapters, refer to the attachments to item DE19.27 considered at the 7 May 2019 Development & Environment Committee Meeting (MIN19.291).

· Newspaper advertisement.

As a result of the exhibition, two (2) formal submissions were received from development industry representatives.

A detailed summary of the submissions also with a Council staff response is provided in Attachment 1.

Copies of the actual submissions will also be available for review in the Councillor’s Room prior to the meeting.

Post-Exhibition Amendments

Attachment 1 covers the content of the two submissions received, comments on them and highlights adjustments where required, justified etc.

Resulting from the submissions received, various amendments are proposed to the exhibited draft Chapter G12 as shown at Attachment 2. For convenience, the proposed changes are highlighted within the Chapter.

The recommended post exhibition amendments to draft Chapter G12 are summarised briefly below:

· Consolidation of content, as appropriate, to reduce length of the chapter and reduce duplication.

· Clarify content relating to ‘restriction as to user’ and ‘certain’ areas in relation to building materials, textures and colours.

· Clarify that setbacks may need to be reduced to respond to the prevailing setbacks in the streetscape. Also clarify that only the setbacks in the general vicinity of the subject land need to be considered when determining the prevailing setback in a street.

· Restructure and refine Table 2 (setbacks in urban areas), including the deletion of setbacks for development on battle axe lots and reduction of rear setbacks to 3m (average) as per Chapter G13 (Medium Density Residential Development) of the Shoalhaven DCP 2014 as recently amended by Council.

· Refine and delete provisions relating to storage for consistency with Chapter G13 as recently amended by Council.

· Removal of the restriction requiring car parking spaces to be provided behind the building line.

No changes are recommended in relation to the DCP Dictionary.

Conclusion

The draft Amendment, with recommended post exhibition changes, holistically considers low density residential development in Shoalhaven into the future. As such, there is merit in now adopting and finalising the Amendment, noting that DCP controls can be varied, set aside etc. where appropriate.

Community Engagement

The draft Amendment was publicly exhibited for 30 days at the Nowra Administrative Building in accordance with legislative requirements. Two (2) submissions were received which are summarised at Attachment 1.

Policy Implications

The Amendment seeks to introduce user-friendly DCP provisions in a logical structure that address gaps in policy and respond to operational matters that have arisen following the passing of time. Should the Amendment not proceed, these fundamental concerns will not be addressed.

It is intended that the new Chapter G12: Dwelling Houses and Other Low Density Residential Development will ultimately replace existing Chapter G12: Dwelling Houses, Rural Workers’ Dwellings, Additions and Ancillary Structures.

Financial Implications

The finalisation of the Amendment will continue to be resourced within the existing Strategic Planning budget.

Risk Implications

Should the Amendment not proceed, there is a risk that Council will not be able to respond to low density residential development in a way that holistically considers matters such as local character and context, good quality design and amenity and more broadly the public interest. This could result in poor built form and liveability outcomes for both residents and the broader community. There are also matters that need to be revised to ensure the planning controls continue to operate as expected/intended and resolve inconsistencies.

Development & Environment Committee – Tuesday 03 September 2019

Page 1

DE19.82 Planning Proposal - Land Use Zones & Building Height Controls - Ulladulla Town Centre

HPERM Ref: D19/261192

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Location Map ⇩

Purpose / Summary

Provide an update on the Planning Proposal (PP) that proposes changes to land use zones and building height controls for certain land in the Ulladulla Town Centre.

Endorsement is also sought to take the PP forward and complete the next stage of the PP process, including its exhibition for community feedback.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Resubmit the Planning Proposal proposing changes to the planning controls in part of the Ulladulla Town Centre to the NSW Department of Planning, Industry and Environment as required by the Gateway Determination.

2. Proceed to place the Planning Proposal on public exhibition and invite community feedback in accordance with the Gateway Determination.

3. Receive a subsequent report on the outcome of the public exhibition period and to enable the Planning Proposal to be finalised.

Options

1. As recommended

Implications: This option is consistent with Council’s earlier decision to proceed with the PP to implement the Ulladulla Building Height Review (2017) and an owner-initiated rezoning request over part of the area. It enables the PP to progress through the administrative process for amending local environmental plans, including the required community consultation.

2. Make an alternative resolution.

Implications: Subject to the nature of any alternative, this may delay or prevent the finalisation of the PP.

3. Not proceed with the PP.

Implications: This would be inconsistent with previous Council decisions.

Background

Council has commenced the process to amend the Shoalhaven Local Environmental Plan (LEP) 2014 to:

1. Increase the maximum permissible building height in the southern part of Ulladulla Town Centre in the LEP from 7.5 metres (2 storeys) to 11 metres (3/4 storeys) and, for some selected sites, 14 metres (4/5 storeys). Note: the reference to ‘storeys’ is not part of the LEP and is only provided in this report as an indication of the nature of development that could result.

2. Rezone the nine (9) properties at 116-126 St Vincent Street and 37-41 Deering Street from B5 Business Development to B4 Mixed Use and increase the maximum permissible building height from 7.5 metres to 14 metres.

The proposed general changes to building height implement the recommendations of Council’s 2017 Ulladulla Building Height Review while the change in zone and building height for the St Vincent–Deering Street site responds to a PP request made by the owners of the St Vincent Street–Deering Street site. The proponent has supported its PP request with additional work, including a visual impact assessment and an analysis of development feasibility.

The proposed changes will assist with the continued development and redevelopment of the southern part of the Town Centre and ensure that planning controls are soundly based. New development will contribute to economic activity, helping to support local businesses. It also provides opportunities to activate local streets and improve the pedestrian environment.

The current PP document (and supporting material, excluding preliminary contamination report) is available at the following weblink:

http://doc.shoalhaven.nsw.gov.au/DisplayDoc.aspx?record=D19/280751

The PP applies to approximately ninety (90) properties in the southern part of the Town Centre generally bounded by St Vincent Street, Parson Street, Burrill Street South, Jubilee Avenue, Deering Street and the Princes Highway. Attachment 1 shows the area covered by this PP. The land is occupied by a range of commercial, industrial, and residential development including dwellings, offices, shops, steel fabrication, and mechanics. The area proposed to be rezoned at 116-126 St Vincent Street and 37-41 Deering Street has been developed with a range of light industrial uses, including some storage premises.

Council considered the changes covered by this PP at several meetings in 2017-18 and resolved to take it forward through the NSW Governments Gateway process for PPs (for amending local environmental plans).

The Gateway determination received for this PP requires:

· Preparation of technical studies to support the rezoning of the St Vincent Street–Deering Street site and proposed increased height in this location beyond the general review outcome – preliminary contamination report, visual assessment, and development feasibility analysis.

· Exhibition of the PP for 28-days.

The required technical studies have now been completed, working with the initiator of the St Vincent Street–Deering Street zoning and height review, and support the proposed changes. They do not identify any site-specific considerations preventing the continued consideration of the proposed rezoning and height changes for this site.

The preliminary land contamination report identifies that the site is suitable for the types of development and uses permitted in the proposed B4 zone, provided detailed investigation and any necessary remediation is undertaken prior to any development.

The visual assessment demonstrates that the increase in permissible building height in this location will have a minimal impact on views towards and within the Town Centre.

The feasibility analysis confirms the proposed B4 zone and height controls will provide the financial stimulus for the redevelopment of the site.

Conclusion

It is recommended that Council now:

1. Progress the PP by seeking the NSW Department of Planning, Infrastructure & Environment’s agreement to the findings of the technical studies and their authorisation to proceed to exhibit the proposal (as required by the Gateway determination); and

2. Assuming the response to the above is positive, proceed to formally exhibited the PP for formal community feedback in accordance with the Gateway determination. The outcome of the exhibition will be reported to Council to then enable the PP to possibly proceed to finalisation.

Community Engagement

Detailed community engagement occurred as part of the preparation of the Ulladulla Building Height Review work completed in 2017 and informing this PP.

The community will be invited to provide feedback on the PP during the formal 28-day public exhibition period required by the Gateway Determination. The PP exhibition will be advertised in local newspapers and affected landowners and relevant Community Consultative Bodies (CCB’s) will be directly advised of the exhibition arrangements.

Policy Implications

This project is identified on Council’s adopted 2019-2020 Strategic Planning Works Program. Its progression will assist with setting the policy direction for the future development of the relevant part of the Ulladulla Town Centre.

Financial Implications

The progression of this PP is being undertaken within the existing Strategic Planning budget.

It is acknowledged the visual assessment and feasibility analyses for the St Vincent Street–Deering Street site was completed by the initiator of the rezoning/building height review request. The adequacy of this work has been reviewed by Council staff and will also be considered by DPIE prior to proceeding further.

Development & Environment Committee – Tuesday 03 September 2019

Page 1

DE19.83 Update - The Review of Subdivision Provisions Planning Proposal (PP027)

HPERM Ref: D19/262580

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Gateway Determination - 10 July 2019 ⇩

Purpose / Summary

Obtain direction from Council regarding the Review of Subdivision Provisions Planning Proposal (PP027).

Note: this matter is being reported back to Council at this point for direction as the Gateway determination is not consistent with the PP that Council resolved to take forward in its April 2019 resolution. Specifically, some settlements have been excluded via the determination.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Endorse the continuation of the Review of Subdivision Provisions Planning Proposal (PP027) and proceed to exhibit PP027 (as amended by the Gateway determination) as per the legislative and Gateway determination requirements.

2. Receive a further report following the conclusion of the public exhibition period.

3. Receive a further report on the outcomes of the review being undertaken by Professor Ryan and the options available (if any) to progress the exclusion of Greenwell Point, Kangaroo Valley, Bawley Point, Kioloa, Depot Beach, Durras North from the Low-Rise Medium Density Housing Code.

4. Advise key stakeholders of this decision and the resultant exhibition arrangements, including relevant Community Consultative Bodies and Development Industry representatives.

Options

1. As recommended.

Implications: This is the preferred option as it will enable Council to progress PP027 and respond to the changing nature of medium density development and subdivision through an amendment to Shoalhaven LEP 2014. The amendment will involve the rezoning 718 lots that are currently zoned R2 Low Density Residential to R5 Large Lot Residential to adequately reflect the prevailing large lot character of the land.

A further report on the outcomes of the review being undertaken by Professor Ryan will enable Council to consider the options available (if any) to progress the exclusion areas from the Low-Rise Medium Density Housing Code (the Code) at that point in time. The exclusion of the six (6) isolated or sensitive localities from the Code can be progressed separately to the proposed Shoalhaven LEP 2014 amendments.

2. Adopt an alternative recommendation.

Implications: This will depend on the extent of any changes and could postpone or stop the proposed amendments to Shoalhaven LEP 2014. If necessary, the exclusion of the six (6) localities from the Code can be progressed separately to the proposed Shoalhaven LEP 2014 amendments.

3. Not adopt the recommendation.

Implications: This option is not preferred as Council would not be able to provide direction regarding the planning proposal following the receipt of the Gateway determination.

Background

On 2 April 2019, Council resolved (MIN19.210) to:

1. Endorse the Review of Subdivision Provisions Planning Proposal (PP027) (Attachment 1) and submit it to the NSW Department of Planning and Environment for a Gateway determination.

2. Following receipt of the Gateway determination, exhibit PP027 as per legislative and Gateway determination requirements.

3. Receive a further report following the conclusion of the public exhibition period.

4. Advise key stakeholders of this decision, including relevant Community Consultative Bodies and Development Industry representatives.

The resolution was partial in response to the ‘deferral’ Council had received from the NSW Government’s Low Rise Medium Density Housing Code.

PP027, as endorsed by Council (refer to item DE19.19 – 2 April 2019), sought to amend Shoalhaven Local Environmental Plan (LEP) 2014 as follows:

· Include a new sub clause in clause 4.1 to clarify that for the purpose of calculating the area of a battle-axe lot, an access handle is excluded from the calculation.

· Replace existing clause 4.1A with a minimum lot size for the parent lot prior to the erection of a dual occupancy, manor house, multi dwelling housing, multi dwelling housing (terraces) or residential flat building. The provision also seeks to lift the restriction on Torrens subdivision via clause 4.1 following lawful medium density development.

· Amend clause 4.1C relating to dwellings, attached dwellings and semi-detached dwellings to reduce the minimum lot size for resulting lots to 300m².

• Include term ‘battle-axe’ in the Dictionary.

• Amend all relevant Lot Size Maps to remove the clause 4.1A layer.

· Rezone certain R2 Low Density Residential land in the following locations to R5 Large Lot Residential: Berry, Bomaderry, Bangalee, Tapitallee, North Nowra, Worrowing Heights, Bewong, St Georges Basin, Conjola Park, Milton, Lake Tabourie.

The PP also sought to exclude certain land in the following locations from the Code in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP): Greenwell Point, Kangaroo Valley, Bawley Point, Kioloa, Depot Beach, Durras North.

As per the resolution, PP027 was submitted to the then NSW Department of Planning and Environment (now Department of Planning, Industry and Environment (DPIE)) in April 2019. Council is now in receipt of a Gateway determination which was issued on 10 July 2019 (Attachment 1).

The Gateway determination is favourable in terms of the proposed amendments to Shoalhaven LEP 2014 (listed above). However, additional quantitative analysis is required to further assess the impact of the proposal on future housing supply and diversity. A new savings and transition clause is also required to ensure proposed amendments do not affect any undetermined development applications or appeal processed. Both requirements are consistent with DPIE gateway determinations for similar planning proposals throughout NSW and can be achieved.

The NSW Minister for Planning and Public Spaces (the Minister), however, has chosen not to support the proposed amendments to the Codes SEPP, that is the exclusion of Greenwell Point, Kangaroo Valley, Bawley Point, Kioloa, Depot Beach and Durras North. This may be a concern to Council.

The Minister has commenced an independent Review of the Code. The Review is being undertaken by the Professor Roberta Ryan from the University of Technology Sydney and will assess the Code’s progress, identify impediments to its delivery in deferred areas (e.g. Shoalhaven – extension granted until 31 October 2019) and make recommendations on the appropriate way forward to finalise the Code’s implementation.

DPIE have recommended, subject to the outcomes of the Review, that Council consider applying separately to DPIE to assess and consider the proposed exclusions from the Code. It is unknown when the outcomes of the Review will be made publicly available.

Conclusion

It is recommended that Council continue to progress PP027 as per the requirements of the Gateway determination.

It would be appropriate for Council to also receive a further report on the outcomes of the independent review and the options available (if any) to progress the exclusion of Greenwell Point, Kangaroo Valley, Bawley Point, Kioloa, Depot Beach and Durras North from the Code.

Community Engagement

PP027 would be formally exhibited for comment in accordance with Council’s Community Engagement Policy to ‘inform’ and ‘consult’, and the relevant legislative requirements. The documentation would be exhibited at the Nowra Administrative Building for a period of at least 28 days in line with the Gateway determination. Documentation would also be available on Council’s website and at the Ulladulla Administrative Building.

The Gateway determination also specifies the government agencies with whom Council must consult.

Community Consultative Bodies (CCBs) and Development Industry representatives would also be advised of the future formal exhibition arrangements. This will give the Development Industry (and others) a further opportunity to provide input in this regard before the matter is finalised.

As per the Gateway determination, all affected landowners will be directly notified of the exhibition arrangements and will be provided with an explanation of the proposed amendments to ensure they are well informed of the proposal. DPIE have confirmed that “all affected landowners” means the landowners whose land is proposed to be rezoned as part of the proposal (i.e. 718 lots).

Policy Implications

The proposed new clause 4.1A represents a change in how medium density development and subdivision is considered in Shoalhaven. It is noted that the approach of setting a minimum lot size prior to medium density development is well documented throughout NSW and was generally supported by the Development Industry representatives who attended the 5 November 2018 Forum. The continuation of PP027 will enable the proposed and supported approach to proceed.

Financial Implications

Based on the recommended approach, there are no immediate financial implications for Council as this matter is being resourced within the existing Strategic Planning budget.

Risk Implications

The Gateway determination has not supported Council’s request to exclude the six locations across Shoalhaven from the Code (Greenwell Point, Kangaroo Valley, Bawley Point, Kioloa, Depot Beach, Durras North). These locations are subject to significant constraints, including flooding, bushfire, isolation and servicing constraints.

Until the Review by Professor Ryan has been finalised and made publicly available, it may be difficult to manage the associated risks through the complying development process. Unless advised otherwise by DPIE, the Code will come into effect for Shoalhaven on 1 November 2019.

It would be appropriate for Council to receive a further report on the outcomes of the Review and the options available (if any) to progress the exclusion of these locations from the Code so the impacts can be more closely managed via the development assessment process if possible.

Development & Environment Committee – Tuesday 03 September 2019

Page 1

DE19.84 Proposed Housekeeping Amendment - Shoalhaven Development Control Plan 2014 - Chapter G2: Sustainable Stormwater Management and Erosion/Sediment Control

HPERM Ref: D19/263024

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Chapter G2 and Dictionary - Draft Amendment Package (under separate cover) ⇨

Purpose / Summary

Obtain the required resolution to formally exhibit this Housekeeping Amendment to Chapter G2: - Sustainable Stormwater Management and Erosion/Sediment Control (Chapter G2) and the Dictionary of Shoalhaven Development Control Plan 2014 (DCP).

Recommendation (Item to be determined under delegated authority)

That Council:

1. Endorse the initial draft Housekeeping Amendment to Chapter G2: Sustainable Stormwater Management and Erosion/Sediment Control and the Dictionary of Shoalhaven Development Control Plan 2014 (draft Amendment) at Attachment 1 and support the exhibition of the draft Amendment for a period of at least 28 days as per legislative requirements.

2. Advise key stakeholders, including relevant industry representatives, of this decision and the exhibition arrangements in due course.

3. Receive a further report on the draft Amendment following the conclusion of the public exhibition period to consider feedback received, any necessary adjustments and the finalisation of the amendment.

Options

1. As recommended.

Implications: This is the preferred option as it will enable operational issues and matters that require clarification to be considered and resolved which will improve the function of Chapter G2 and the DCP as a whole.

2. Adopt an alternative recommendation.

Implications: This will depend on the extent of any changes and could delay the implementation of updated and improved DCP provisions relating to stormwater management and erosion/sediment control.

3. Not adopt the recommendation.

Implications: This could stop the implementation of improved, best practice and better structured provisions in the DCP.

Background

The existing Chapter G2: Sustainable Stormwater Management and Erosion/Sediment Control Erosion of the DCP provides guidance to applicants and the industry regarding sustainable stormwater management including water quality, water stability, detention and erosion and sediment control. The Chapter applies to all development in Shoalhaven.

On 12 June 2012, Council resolved to include the “draft Sustainable Stormwater Management” document as a Chapter in the draft Citywide DCP. The draft provisions became DCP Chapter G2 on 22 October 2014. Although a minor housekeeping amendment was undertaken in 2015, the Chapter has remained essentially the same since then.

Through time, it has become evident that the current Chapter G2 requires a thorough housekeeping amendment to improve its function and structure (and supporting documents), address policy gaps and address operational issues or matters requiring clarification that have been identified since the DCP originally commenced on 22 October 2014. There are flow on impacts for the DCP Dictionary that are also addressed as part of this Amendment.

The proposed changes to Chapter G2 (and supporting documents) and the Dictionary are detailed in the table of changes at the beginning of the Chapter and are as shown in Attachment 1 and also summarised below in Table 1.

Table 1: Summary of key changes in the draft Amendment

Summary of key changes

Chapter G2: Sustainable Stormwater Management and Erosion/Sediment Control

· Highlight all terms in the DCP Dictionary green and terms in LEP Dictionary blue.

· Changes to punctuation, spelling, grammar, structure, numbering, formatting and acronyms.

· Transfer content of certain acceptable solutions to note boxes.

· Complete Plain English review.

· Relocate definitions into the DCP Dictionary.

· Update references to supporting documents and make consistent.

· Update legislation references.

· Deleted duplicated and superfluous content (e.g. content already in Council’s Engineering Design Specifications, information that is already on Council’s form hub, content that relates to requirements at the construction certificate stage, not the DA stage).

· New requirement to provide a geotechnical report when onsite infiltration/absorption is proposed.

· Introduction of an additional objective and provisions relating to stormwater disposal from development sites.

· Amendments to ensure that future development adequately considers on site detention (OSD) requirements, e.g.:

- Subdivisions containing existing dwellings/buildings are not exempt from pre- and post-development peak flow calculations.

- The impervious percentage for ‘low density residential’ has been increased from 60% to 80% and has been merged with medium density residential development.

- A distinction has been made between the subdivision and subsequent DA stage, and what needs to be constructed and when.

- New note to expand upon OSD on public land to include details regarding cost effectiveness, maintenance and safety.

· Amendments to erosion and sediment control requirements, e.g.:

- New provisions relating to the retention of existing vegetation and temporary stormwater management measures.

- Adapt existing Acceptable Solution A6.1 into a mandatory control. The control requires compliance with Landcom’s Blue Book and Supporting Document 2.

· Amendments to large-scale development provisions, e.g.:

- Clarification that proposed Acceptable Solution A10.2, dot point 3, also applies when development discharges to a natural watercourse, not just a tidal area.

- The Model for Urban Stormwater Improvement Conceptualisation (MUSIC) modelling program, or an equivalent as approved by Council, is to be used in relation to the modelling of pollutant loads.

- The post development average annual load of pollutants has been updated to reflect industry best practice and operational requirements.

· Amendments to the design and maintenance of stormwater treatment measures:

- Clarify that constructed wetlands and ponds are preferred over bio-retention ponds and basins.

- Introduction of commentary regarding proprietary gross pollutant traps (GPTs).

- Clarify that stormwater treatment measures on private property are not supported.

- Clarify what a small/medium and large-scale development is and update/refine content.

Chapter G2 – Supporting Documents

· Delete existing Supporting Document 1: Checklists and Supporting Document 3: Stormwater Protection on Construction Sites.

· Existing Supporting Document 2: Sustainable Stormwater Technical Guidelines becomes draft Supporting Document 1. Draft Supporting Document 1 has been restructured and content has been included/adapted to directly relate to the content in Chapter G2. It meets operational requirements and introduces more industry best practice elements.

· New Supporting Document 2 (Planning for Erosion and Sediment Control on Single Residential Allotments Guideline (Landcom 2004)).

Dictionary

Insert the following definitions into the Dictionary, which were previously located in Chapter G2: Core riparian zone, Erosion and sediment control plan, Impervious, Infiltration, Integrated water cycle management, Detention, Overland flow path, Peak flow, Permissible site discharge, Pervious, Potable water, Retention, Roof water, Runoff, Soil and water management plan, Storage depth, Stormwater, Stormwater management plan, Stream forming flow, Trunk drainage.

Community Engagement

The draft Amendment will be publicly exhibited for at least 28 days in accordance with legislative requirements at the Nowra Administrative Building. Documentation will also be available for viewing on Council’s website and at the Ulladulla Administrative Building. Development Industry representatives will be directly notified of the exhibition arrangements.

Policy Implications

The proposed changes are expected to increase the efficiency and improve the operation of the Chapter and the DCP more broadly.

Financial Implications

The draft Amendment will continue to be resourced within the existing Strategic Planning budget.

Development & Environment Committee – Tuesday 03 September 2019

Page 1

DE19.85 Biosecurity Act 2015 - Weed Management Plans

HPERM Ref: D19/268306

Group: Planning Environment & Development Group

Section: Environmental Services

Attachments: 1. Weed management plan - Alligator weed (under separate cover) ⇨

2. Weed management plan - Blackberry (under separate cover) ⇨

3. Weed management plan - Coolatai grass (under separate cover) ⇨

4. Weed management plan - Giant Parramatta grass (under separate cover) ⇨

5. Weed management plan - Salvinia (under separate cover) ⇨

6. Weed management pan - Bitou bush (under separate cover) ⇨

7. Weed management plan - Boneseed (under separate cover) ⇨

8. Weed management plan- Fireweed (under separate cover) ⇨

9. Weed management plan - Lantana (under separate cover) ⇨

10. Weed management plan - Water hyacinth (under separate cover)

Purpose / Summary

On 1 July 2017, the Biosecurity Act 2015 was enacted. This legislation repealed the Noxious Weeds Act 1993 along with a number of other pieces of NSW legislation.

One of Council’s functions under the Act is “to develop, implement, co-ordinate and review weed control programs”

Council’s Biosecurity Weed Management Unit has developed a number weed management plans to assist land managers and residents meet their obligations under the Act.

Recommendation (Item to be determined under delegated authority)

That Council endorse the following Weed Management Plans:

1. Alligator weed

2. Blackberry

3. Coolatai Grass

4. Giant Parramatta Grass

5. Salvinia

6. Bitou bush

7. Boneseed

8. Fireweed

9. Lantana

10. Water hyacinth

Options

1. Council endorse the weed management plans

Implications: This will ensure that land managers are able to access practical guidance to assist them in managing their land.

2. Council not endorse the weed management plans

Implications: Land managers will be required to seek the necessary advice from alternative sources. This may lead to substandard outcomes for landholders, their neighbours and the environment.

Background

On 1 July 2017, the Biosecurity Act 2015 was enacted. This legislation repealed the Noxious Weeds Act 1993 along with a number of other pieces of NSW legislation.

The primary object of this Act is to provide a framework for the prevention, elimination and minimisation of biosecurity risks posed by biosecurity matter, dealing with biosecurity matter, carriers and potential carriers, and other activities that involve biosecurity matter, carriers or potential carriers. [S.3]

Under s. 370 of the Act, Shoalhaven City Council “is the local control authority for land within that local government area”.

S. 371 sets out the functions of Council as

“(a) the prevention, elimination, minimisation and management of the biosecurity risk posed or likely to be posed by weeds,

(b) to develop, implement, co-ordinate and review weed control programs,

(d) to keep records about the exercise of the local control authority’s functions under this Act,

(e) to report to the Secretary about the exercise of the local control authority’s functions under this Act.”

Council is a member of the South East Regional Weed Committee and had input into the development of South East Regional Strategic Weed Management Plan 2017-2022, by the Local Land Services South East.

This plan is an overarching strategic plan and is a guide for weed management throughout the region.

Council’s Weed Biosecurity team has developed the following weed management plans to assist land managers and residents meet their obligations under the Act. The aim of these plans is to reflect the community’s expectations in relation to weed management.

· Weed Management Plan – Alligator weed

· Weed Management Plan – Blackberry

· Weed Management Plan – Coolatai grass

· Weed Management Plan – Giant Parramatta grass

· Weed Management Plan – Salvinia

· Weed Management Plan – Bitou bush

· Weed Management Plan –- Boneseed

· Weed Management Plan – Fireweed

· Weed Management Plan – Lantana

· Weed Management Plan – Water hyacinth

Achievements under the Weed Action Plan 15/20

Council’s Weed Biosecurity Team management actions are part funded by the Department of Primary Industries through the regional Weed Action Plan (WAP). Council received $164,324 in 2018/19. Council’s commitment to match the WAP funding was $120,739, representing a total of $285,062 in the weed management program.

The Team’s results against targets set by the WAP were as follows

· Inspections of private properties – 109% of annual target

· Inspection of public properties – 106% of annual target

· Urban area inspections – 103% of annual target

· Compliance reinspection – 106% of annual target

· Contravention of biosecurity direction – 100% of annual target

In 2016/2017 financial year, the Weed Management Unit, under Goal 2 Eradicate or contain new incursions inspected 1305 properties. These inspections found 46 new incursions, including:

· 11 Boneseed sites

· 1 Alligator weed site

· 14 Salvinia sites

· 11 Water hyacinth sites

· 2 Giant Devil’s Fig sites

With the exception of Alligator weed, all other incursions mentioned are considered eradicated.

In 2017/2018, the team inspected 1234 properties. These inspections found 14 new incursions, including:

· 1 Boneseed sites

· 6 Salvinia sites

· 7 Water hyacinth sites

Council issued 12 Individual Biosecurity Directions during this period and achieved compliance in each case.

In 2018/2019 the team inspected 1646 properties. These inspections found 20 new incursions, including:

· 6 Alligator weed sites

· 3 Chilean Needlegrass sites

· 1 Gorse site

· 6 Salvinia sites,

· 3 Water hyacinth sites

· 1 Frogbit site

Council issued 12 Individual Biosecurity Directions during this period and achieved compliance in each case.

Grant funding from other sources

Council has also received the following amounts in grant funding under the regional Weeds Action Plan and from other sources:

· Alligator Weed Grant Southern $ 5,000

· Alligator Weed Grant Berry $27,780

· Frogbit Grant $10.869

· Boneseed Grant $33,715

$77,344

Community Engagement

The community was briefed at a number of public meetings and events. Feedback received from residents and land managers has been considered and incorporated into the plans.

Policy Implications

If these plans are not endorsed by Council, regulatory officers will be required to rely on broad interpretation of the legislation.

Financial Implications

Council risks accruing substantial legal costs if court action required to enforce the provisions of the Act are unsuccessful.

Risk Implications

If these plans are not endorsed by Council, regulatory officers will be required to rely on broad interpretation of the legislation and generic statements contained in the South East Regional Strategic Weed Management Plan 2017-2022.

This may impede enforcement of the legislation in a court of law, as the specific management requirements contained in each plan, address the community’s wants and needs in relation to weed management in the Shoalhaven.

Development & Environment Committee – Tuesday 03 September 2019

Page 1

DE19.86 Proponent Initiated Planning Proposal - Lot 1 DP 949932 - Taylors Lane, Cambewarra

HPERM Ref: D19/271794

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Submission Summary Table - Preliminary Community Engagement ⇩

2. Submission Summary Table - Internal Consultation ⇩

Purpose / Summary

Present a proponent initiated Planning Proposal (PP) for consideration, including the outcome of preliminary community engagement, internal Council consultation and preliminary assessment.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Accept the proponent initiated Panning Proposal for land within Lot 1 DP 949932, Taylors Lane, Cambewarra as a possible ‘major’ Planning Proposal that Council will take forward dependent of the outcome of Part (2) of this resolution.

2. Undertake an independent Riparian Lands Study for the subject land, at the proponent’s expense, that includes rigorous assessment of the riparian land function and watercourse classification.

3. If the outcome of the Riparian Lands Study shows the PP has merit to proceed, develop a Planning Proposal in Council’s format, for submission to the NSW Department of Planning, Industry and Environment (DPIE) for initial Gateway determination, and report back to Council when a response is received.

4. Receive a further report to determine how to proceed, if the Riparian Lands Study does not provide clear justification for the Planning Proposal.

Options

1. Proceed as Recommended

Implications: This is preferred as it is a balanced approach that minimises risk – the PP can proceed but only with an appropriate level of justification. This option is perhaps contrary to preliminary community feedback but involves an independent review of the riparian area prior to proceeding further if appropriate.

2. Proceed as Recommended, without requiring a Riparian Lands Study to be undertaken prior to submission of the PP document for Gateway determination.

Implications: This option is not preferred as there is significant risk – there is currently insufficient evidence to show that the intent of the PP is justified. This option is contrary to preliminary community feedback.

3. Reject the planning proposal.

Implications: This option is consistent with preliminary community feedback. It may be appropriate to review the appropriateness of the riparian area and whether its extent/significance is overstated. Lost opportunity to provide additional housing adjoining an identified growth area.

Background

The Moss Vale Road South Urban Release Area (MVRS URA) is a regionally significant release area. It was first identified as a ‘New Living Area’ in the Nowra-Bomaderry Structure Plan that was adopted by Council in 2006 and endorsed by the NSW Government in 2008. The land was zoned through the Shoalhaven LEP 2014 process and the detailed planning requirements to ‘release’ MVRS URA for development have been completed (late 2018).

Council has received some subdivision Development Applications for land within the MVRS URA, including one for Lot 1 DP 949932 (SF10632), which is also the land the subject of this PP.

The subject land, Lot 1 DP 949932, traverses the current boundary of the MVRS URA. Consultants associated with the preparation of SF10632 have identified that a watercourse on the subject land, that is outside the current MVRS URA boundary, is potentially incorrectly classified/zoned and propose it to be removed so the land can be rezoned to allow residential uses.

The following dialogue has since occurred in regard to the PP:

· Informal meeting and communication between Council’s Strategic Planning staff and proponent, including advice to proponent on minimum PP submission requirements (October-November 2018)

· PP lodged with Council – 28 March 2019

· Additional information requested – 5 April 2019

· Additional information provided – 17 May 2019

· Preliminary Community Engagement and Internal Council Consultation – 3 June 2019 – 1 July 2019

· Preliminary assessment undertaken by Council staff and provided in this Report

SF10632 is a subdivision application for approximately 51 lots and it is currently still under detailed assessment. Council staff are working with the applicant in regard to a range of matters and the application may ultimately be reported to Council in due course.

Subject Land

The subject land is located at Taylors Lane, Cambewarra and is known as Lot 1 DP 949932. It traverses the irregular north eastern boundary of the MVRS URA. The portion of the land within the MVRS URA boundary is zoned R1 General Residential. The land outside the URA boundary is currently predominantly characterised as ‘Riparian Lands’ and is zoned E2 Environmental Conservation accordingly. There is also portion of E3 Environmental Management zoned land that acts as a buffer between the URA and Moss Vale Road. The subject land (south-eastern corner) is also affected by the ‘Western By-Pass Corridor’, which is currently zoned RU1 Primary Production.

Note: the PP that has been submitted only applies to a portion of the land that is within Zone E2 Environmental Conservation.

Figure 1 shows the subject land and Figure 2 identifies the specific land to which the PP applies and includes the current zoning overlay.

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Figure 1: Site Location (source: Cardno, 2019)

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Figure 2: PP land and zoning overlay Note: area covered by the PP request is outlined in ‘red’

Proponent’s Planning Proposal

The PP states that a watercourse is incorrectly classified and therefore it should be removed and its associated Riparian Land rezoned. The PP proposes the following.

· Remove classification of a watercourse

· Rezone land associated with the watercourse from Zone E2 Environmental Conservation to Zone R1 General Residential

· Extend the MVRS URA boundary to include the land

· Reduce the minimum lot size of the land (currently 40ha in the E2 zone) to allow subdivision from 500sqm and potential to enact Clause 4.1H of SLEP 2014 in appropriate circumstances to allow minimum lot sizes of ≥300sqm.

The proponent’s submitted PP document can be viewed at the following link:

http://doc.shoalhaven.nsw.gov.au/DisplayDoc.aspx?record=D19/180134

2008 GHD Mapping of Riparian Lands Report

As part of the step between the Structure Plan and LEP, Council carried out additional detailed work to try to ensure that riparian areas associated with the new URAs were identified correctly and appropriately zoned in the new LEP.

Council engaged GHD to prepare a riparian verification study. The resulting ‘Mapping of Riparian Lands Report’ was provided to Council in April 2008 and informed the mapping/zoning of riparian lands in the development of Shoalhaven LEP 2014. The 2008 GHD report states:

This report provides Council with verified mapping of specific riparian corridor boundaries within the study area to form the basis for riparian corridor zoning boundaries

It is important to note that the 2008 GHD report changed the categorisation of the subject watercourse from Category 3 to Category 2 (increasing its significance). This was the only watercourse in the vicinity of MVR URAs. The following was provided as justification:

This reclassification was based on the importance of this particular watercourse to provide basic habitat and preserve or emulate as much as possible a naturally functioning stream.

The outcomes of this report were used as the basis for zones within the Shoalhaven LEP2014 and associated consultation with Government Departments and the community as part of the development and finalisation of the plan.

The proponent’s PP document provides an assessment of the watercourse that is contrary to the 2008 GHD Report. An independent review of this riparian area possibly needs to be undertaken to definitively support the claim (or otherwise) of the proponent’s PP document that the watercourse does not warrant its classification (and as a result zoning), especially considering it is directly contrary to the 2008 GHD Report.

Preliminary Community Engagement

Preliminary Community Engagement was undertaken in accordance with Council’s Planning Proposal (Rezoning) Guidelines between 3 June and 1 July 2019. A notification letter was sent to affected/adjoining landowners and Cambewarra Residents and Ratepayers Association. The matter was also advertised on Council’s ‘Get Involved’ webpage – ‘Planning for Growth in Nowra-Bomaderry’, and an e-newsletter was sent to the subscribers to that page.

Nine (9) submissions were received as a result – their contents are contained in the summary table at Attachment 1. All the submissions did not support the PP request. The issues raised in them can be grouped into three categories/themes: negative amenity impacts, negative environmental impacts, and inconsistent with Council policy. Table 1 below expands on these themes.

Table 1: Comment Themes

THEME	DETAIL
Amenity	· Visual impact · Reduced open space · Increased density · Loss of rural character · Loss of natural buffer to URA · Traffic impacts · Impacts on existing infrastructure
Environmental	· Pollutants · Impacts to Bomaderry Creek · Erosion · Sediment · Loss of potential habitat · Loss of permeability
Inconsistent with Council Policy	· Objectives of E2 Zone · Nowra- Bomaderry Structure Plan · Riparian Land Management

Internal Council Consultation

Internal Council consultation was also undertaken. Comments were received from Council’s Environmental Services Section advising that the proposal is generally not supported and requiring further justification. However, from an environmental health viewpoint, no major issues or concerns were raised. The feedback is presented in at Attachment 2. The main issues raised are presented in Table 2 below.

Table 2: Environmental Services - Issues

ISSUE

Inconsistent with ESD principles

Erosion potential

Council site inspection contrary to PP document – riparian corridor function and watercourse classification is considered appropriate

Threatened species identified

Inconsistent with Objectives of E2 Zone – should be rehabilitated

Inadequate justification

Decreased permeability – increased pollutants – potential waterlogging

Cumulative impact – loss of riparian corridor existing and potential linkages

Preliminary Assessment

Strategic Planning staff have undertaken a preliminary assessment of the proponents PP as detailed in Table 3 below.

Table 3: PP Preliminary Assessment

PP Component	Staff Comment	Additional Information Required?
Remove Watercourse Classification	*Further investigation and consideration of the watercourse and its classification is necessary.* · The NSW Natural Resource Access Regulator (NRAR) has suggested investigation may be warranted, particularly upstream of the vegetation. This is based on a desktop review and “advice” from the proponent only. · The OEH has contrary advice and suggests it should be revegetated and returned to health. · The Integrated Water Cycle Assessment (IWCA) for the URA identifies the watercourse as a ‘discharge point’ for the MVRS URA – investigation required. · The slope on which it is located is a constraint – potential erosion and run-off issues may be exacerbated – erosion is a key concern of the 2008 GHD Mapping of Riparian Lands Report. · Justification such as ‘degraded due to past land use’ ‘mainly exotic species’ is not justification for reclassification of watercourse – the 2008 GHD report and earlier 2004 NSW Government report clearly state that revegetation, remediation etc. are important functions of riparian corridors. · The 2008 GHD report specifically reclassified from Category 3 to Category 2 · The Aboriginal Cultural Heritage Assessment (ACHA) is not conclusive. Due Diligence practices suggest further investigation required. (Note: The watercourse the subject of the PP is only a portion of the watercourse identified in the 2008 GHD Riparian Lands Mapping Report).	Independent Riparian Land Study required ACHA needs to be updated to specifically include the area proposed for rezoning (if it proceeds)
Rezone E2 land to R1 + extend URA boundary	*Further investigation required into the extent of the E2 zoned land in conjunction with the watercourse classification investigation. (In addition to the points above): · E2 Zone extent is greater than the minimum requirement (but consistent with the 2008 GHD Report). · In direct conflict with 2008 GHD Report and E2 Zone objectives (revegetate and rehabilitate) · No proposed off-set - Inconsistent with Ministerial Direction 2.1 and OEH advice (Net loss of Environmental Protection areas) · The Healthy Rivers Commission – Independent Inquiry of the Shoalhaven River (1994): this Inquiry suggests that the protection and maintenance, or the rehabilitation, of a suitable native vegetation cover in the riparian zone is more important to river health than the provision of flows or enhancement of water quality · The Illawarra Shoalhaven Regional Plan ‘Priority Action for 2017-2019’ calls for a consistent approach to protect important riparian areas.* A ‘Riparian Lands Management Review’ was undertaken in 2018 by the then NSW Department of Planning and Environment. It recommends a consistent approach for the relevant Riparian Land LEP/DCP clause wording and implementation across all LEPs in the region but does not provide guidance on watercourse/riparian land classification.	Independent Riparian Lands Study required to confirm. Need to consider the impact of the PP on the IWCA principles for the MVRS URA. ACHA needs to be updated to specifically include the area proposed for rezoning (if it proceeds)
Reduce minimum subdivision lot size to 500sqm (&300sqm)	*500sqm generally supported pending outcome of watercourse investigations. 300sqm supported in principle – additional detail required* 500sqm is the standard minimum lot size for residential zones. Additional information is required to determine specifically how/where Clause 4.1H of SLEP 2014 is to apply. The ‘Development Area’ Map only provides limited opportunity at the subject site.	YES Statement required – to support the specifics of proposed 300sqm lot size.

Conclusion

Based on the above comments it is considered that additional work is required in regard to the riparian area that is the subject of the proposed PP before it can be taken forward. As such it is recommended that an Independent Riparian Lands Study be undertaken to assist in this regard.

Policy Implications

If accepted by Council, the proponent’s PP document will form the basis of a PP that Council will take forward, to be submitted to the DPIE for initial Gateway determination, if the outcome of the Riparian Lands Study confirms the PP has merit.

If a rezoning ultimately proceeds, in addition to relevant amendments to the LEP, updates will be required to Shoalhaven DCP 2014 – Chapter NB3 Moss Vale Road South URA, the Integrated Water Cycle Assessment for MVRS, and the Shoalhaven Contributions Plan 2019, the extent of which will be realised as the PP develops further.

Financial Implications

In accordance with Council’s Planning Proposal (rezoning) Guidelines this PP request is considered to be ‘major’ and the following fees are applicable:

· Major PP - $23,000, which includes up to 80 hours of staff time.

· Staff time exceeding 80 hours is charged at $165/hr

· Full cost recovery on the above basis for staff time for preparation of any associated amendments to SDCP 2014, SCP 2019 and the IWCA for MVRS URA.

· Additional studies/reports at the expense of the proponent but managed by Council.

Risk Implications

There is significant potential risk as follows:

If the rezoning proceeds:

· Absence of rigorous assessment may result in detrimental environmental impacts on site and down stream

· Negative community perception if assessment and communication is not adequate

· Precedent to remove riparian lands and E2 zoned land (cumulative negative impact)

If the rezoning does not proceed:

· If the PP does not proceed without due consideration, it may be a missed opportunity to provide housing in an appropriate location to meet the needs of a growing population. It may also provide an opportunity for a ‘pre-gateway’ review. It should be noted that this is a potential risk – irrespective if the rezoning is not ‘supported’ as submitted.

Development & Environment Committee – Tuesday 03 September 2019

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DE19.87 Novation Request - Voluntary Planning Agreement - Seaspray Close - Narrawallee

HPERM Ref: D19/279715

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Amended Draft Deed of Novation - Narrawallee VPA ⇩

Purpose / Summary

Council adopted and signed a Voluntary Planning Agreement (VPA) that relates to two parcels of land at Narrawallee in 2011. This report provides background in this regard and details a request that has been made to novate the VPA.

Note: Novation in this instance is basically a deed that transfers the rights and responsibilities of one party in a given agreement to another party

One of the land parcels is currently listed for sale and this has attracted community attention.

Recommendation (Item to be determined under delegated authority)

That Council agree to the amended Deed of Novation, presented as Attachment 1 to this report, related to the Voluntary Planning Agreement that is in place for land at Narrawallee owned by Hanson South Coast Pty Ltd.

Options

1. Agree to the amended Deed of Novation presented at Attachment 1.

Implications: This is the recommended approach given that the current VPA includes a process to enable the novation to occur.

2. Not agree to proceed with the Deed of Novation.

Implications: This option is not recommended as the current VPA provides for this adjustment to be made.

Background

The current VPA was finalised/signed in 2011 and relates to two parcels of land owned by Hanson South Coast Pty Ltd, namely:

Lot 300 DP792411, Ross Avenue, Narrawallee (6.5 ha) – zoned mainly E2 Environment Conservation and small part R2 Low Density Residential. The land is also identified on the ‘terrestrial biodiversity’ overlays in the LEP as containing significant vegetation and being part of a habitat corridor. This lot contains Garrads Lagoon.

Lot 29 DP874275, Seaspray Close, Narrawallee (14 ha) – zoned part E2 Environmental Conservation, part R2 Low Density Residential and part R1 General Residential. Part of the E2 land is also identified on the ‘scenic protection’ and ‘terrestrial biodiversity’ (part of a habitat corridor) overlays in the LEP.

The following map shows these two land parcels and to which the VPA relates.

Both lots were the subject of detailed planning work that also concluded in 2011 when the lots were rezoned to assist facilitate an outcome, whereby Lot 300 would eventually come into public ownership when Lot 29 is developed. The LEP contains a detailed clause related to the development of Lot 29 that requires consideration of visual impact, vegetation retention and bushfire impacts in any subdivision application.

The VPA supports the rezoning that occurred, links both properties to facilitate the eventual transfer of the Garrads Lagoon area into public ownership. This is triggered when the residential subdivision of the Seascape Close land occurs.

The VPA between Council and Hanson South Coast Pty Ltd (current owners of both properties) encompasses the following:

· Surrendering the development consent over Lot 300 and dedicating the land (Lot 300) to Council once the LEP is amended (partially occurred) and subdivision consent is issued for Lot 29 (has not occurred).

· The inclusion of a restriction on Lot 29 that it will not be subdivided until Lot 300 is transferred (occurred).

It is noted that a subdivision application (45 lots) was lodged in July 2013 over Lot 29 and withdrawn in October 2017. Given that subdivision consent has not been issued over Lot 29, the related transfer has not occurred and both parcels are still in a common ownership.

VPA Novation

It came to Council’s attention that Lot 29 has been listed for sale. As a result, contact was made with the landowner requesting confirmation on:

· Intentions in regard to the VPA and the commitments in it that relate to the subject land.

· Assurance that prospective purchasers are made aware of the existence of the VPA and also the related restriction that was placed on the property in regard to future subdivision.

The landowner’s solicitors (Paine Ross & Co) have advised that:

· The contract of sale includes both lots and contains a copy of the current restriction on Lot 29 and a complete copy of the VPA.

· The contact will be provided to interested purchasers so they are aware of the constraints arising from the VPA and associated restriction.

· The sale can only be completed once the VPA is novated to the new owner of both lots. The VPA sets out a process for novation and both the landowner and Council’s obligations as a party to that procedure. The contract and a draft deed of novation have been prepared on this basis.

As such, should the land sell, the novation of the VPA is required and Council has also received a draft Deed of Novation for review and approval.

Clause 15 of the VPA provides that a Deed of Novation is required in the event Hanson intends on having Dealings with respect to the Seascape Close and Ross Avenue Land. Dealings include the sale of the land. Clause 15 states:

Hanson must not have any Dealings with the Seascape Close Land or the Ross Avenue Land unless Hanson:

a) First informs the proposed assignee, purchaser or other party (the Incoming Party) of this Agreement;

b) Provides the Incoming Party with a copy of this Agreement;

c) Enters into a novation deed with the Incoming Party and the Council, whereby the incoming party agrees to perform the obligations of Hanson under this Agreement;

d) Remedies any default by Hanson, unless such default has been waived by the Council; and

e) Pays the Council’s reasonable costs in relation to the assignment and novation.

Council staff have reviewed the draft Deed of Novation and propose some inclusions/ changes – a tracked changes copy of the draft Deed is provided as Attachment 1 with the proposed inclusions/changes shown in red.

The changes include a requirement that Hanson pay Council reasonable costs and expenses as required by the VPA and deal with any liabilities that may exist.

Conclusion

It is recommended that Council sign the requested Deed of Novation in this regard.

Community Engagement

There is no requirement that Council undertake community engagement in regard to this request as it is essentially an administrative step under an existing VPA.

Policy Implications

The existing VPA is in place and there are currently no proposals to amend its overall intent.

Financial Implications

Council’s reasonable expenses will be met in this regard.

Development & Environment Committee – Tuesday 03 September 2019

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DE19.89 Grant application - Grey Headed Flying Fox Berry Camp

HPERM Ref: D19/259892

Group: Planning Environment & Development Group

Section: Environmental Services

Purpose / Summary

To report to Council that staff are applying for a grant of maximum $50,000 from Local Government NSW in relation to managing a Grey-headed Flying-fox (GHFF) colony located on private property between Sabal Close and Kentia Crescent, Berry.

Recommendation

That Council

1. Accept the maximum grant of $50,000 from Local Government NSW, if the application is successful.

2. Provide an in-kind contribution from existing operational budgets, a maximum of $50,000, of Environmental Services officers time; and

3. Write to Local Government NSW thanking them for the grant funding, if the application is successful.

Options

1. As recommended above.

Implications: The grant offered by Local Government NSW (LGNSW) is subject to Council providing a matching or greater in-kind contribution of maximum $50,000 for managing and implementing the grant. The full amount for managing the GHFF colony and community expectations is estimated at a maximum total of $100,000 (including grant money).

2. Not apply for the LGNSW grant.

Implications: As a result of ongoing community complaints regarding the impacts presented by the GHFF colony at Berry, Council officers are in the process of applying for the emergency grant in order to provide mitigation measures to local residents in order to alleviate the pressure of living in close proximity to a GHFF colony. Regular door knocks have been undertaken with staff from the Department of Planning, Industry and Environment (DPIE) to impacted local residents to ascertain their concerns and needs. It is community expectation that Council provide some sort of assistance or solutions if local residents are impacted by living in close proximity to a GHFF colony. Not applying for the grant will be a missed opportunity to assist local residents managing the impacts of the colony.

Background

Grey-headed Flying-fox is a threatened species listed as vulnerable to extinction under both the NSW Biodiversity Conservation Act 2016 (BC Act) and Commonwealth Environment Protection & Biodiversity Conservation Act 1999 (EPBC Act). Actions related to the species, such as removal of roosting trees, requires a licence from the Department of Planning, Industry and Environment (DPIE) and potentially approval from the Federal Environment Minister.

A relatively small number of GHFF were known to be present at Berry from time to time as advised by residents. In the past, Council did not receive any complaints about GHFF in this area as the animals were most likely contained within the lower parts of the backyards along the naturally occurring gully. However, the number of GHFF dramatically increased in June and July 2019.

During an initial inspection undertaken by Council officers and DPIE in mid-June 2019, the GHFF camp was found to be mainly restricted to the backyard of 5 Kentia Crescent, Berry. The property owners are currently residing overseas, and the property has been vacant for some time. An estimated count of the GHFF population at the time was approximately 500 individuals.

It is unknown whether the GHFF camp at the subject site is made up of a local population from an existing camp formerly located next to the Princes Highway in Berry or from the Bomaderry Camp located approximately 12 km south-west of Berry.

Council’s Environmental Services Section received several telephone calls and a visit to the Council’s administration centre from residents located at 4 Kentia Close. The GHFF were initially restricted to the backyard of 5 Kentia Close during the initial site visit. However, during a subsequent site visit, the GHFF numbers had greatly increased to approximately 2025 individuals and were occupying the complainant’s backyard within close proximity to the house and sleeping room (see Figure 1).

Some residents were upset and expressed concern to Council officers that other residents were waking them in the early hours of the morning because of air horns and banging of pots in an effort to dissuade the GHFF from roosting in certain trees/backyards in Kentia Close. It should also be noted that a number of residents that DPIE and Council officers have spoken to were in favour of the GHFF and appreciative of the natural phenomenon.

A total of 48 hours of Council staff time over several days has been dedicated to door knocking, addressing complaints and completing the application for emergency grant funding.

Documented attempts to disperse GHFF camps at various locations in Queensland, Northern Territory and New South Wales between the years 1990 and 2013 show that in most cases the flying-foxes did not leave the local area and the local population size is not reduced. The cost of dispersal and the amount of resources required is high and success rate low. A licence from DPIE would also be required. Therefore, dispersal is considered a last resort response.

LGNSW has available “emergency grant funding” which can include funding of:

· possible removal of native and non-native trees to create a buffer between the camp and the residents’ houses;

· community consultation and education around the perceived risks of disease from GHFF;

· items such as air conditioners, double glazed windows, high pressure cleaning systems, clothesline covers, tennis court covers, and car covers etc for protection from GHFF faeces; and

· Additional education material to highlight the benefits of GHFF and the important role the species plays in the healthy functioning of the South Coast’s forests.

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Figure 1 – Location of the Grey-headed Flying-fox Camp, Berry

Community Engagement

Since June 2019, Council’s Environmental Services officers have responded to complaints in relation to GHFF roosting (camped) in trees in close proximity to homes and have been in regular contact with the most affected residents (four households). There were reports of residents using air horns and banging pots to dissuade GHFF from roosting in trees nearby homes. Council reported the colony and the complaints from residents to DPIE.

Council’s Environmental Services officers and DPIE visited the area and door knocked residences surrounding the colony, with a total of 5 site visits undertaken to date. Information about GHFF and the perceived disease risk was left with residents or in letter boxes along with contact details for an Environmental Services Staff member. Council has advised residents a grant application for an emergency funding grant is being prepared in order to provide alleviation measures and direct measures such as habitat modification (subject to the DPIE licence) was also provided.

It should be noted that a DPIE licence comes with strict conditions in relation to the timing of actions around habitat modifications with no actions permitted if the GHFF will be unduly disturbed.

Council officers continue to contact and listen to affected residents as well as residents in support of the GHFF colony. Council continues to liaise with DPIE about possible management actions. DPIE do not support attempting to relocate the GHFF colony as this is not considered a viable option as it was unlikely to work, very expensive and that the number of persons affected was relatively small.

Policy Implications

Lessons learned from in relation to the impacts of the GHFF on residents and the benefits of GHFF are useful for future management plans. Council is currently working with DPIE to review the management plan to include camps located in Berry and Kangaroo Valley area and any other new camp formations in the LGA.

Financial Implications

Council Staff time since June 2019 has come from existing operations budgets. The grants offered provide financial assistance to Council for additional staff time in managing the camp and community expectations. If the grants are not accepted, Council will be burdened with the full cost of managing the impacts of the GHFF colony.

Risk Implications

Shoalhaven City Council may be viewed as ignoring the pleas of a number of its residents directly affected by the GHFF colony at Berry, should the grants not be applied for and accepted.

Development & Environment Committee – Tuesday 03 September 2019

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DE19.91 Drought Impact on Shoalhaven Water Supplies

HPERM Ref: D19/277621

Group: Shoalhaven Water Group

Purpose / Summary

This report provides Council with an update on the status of the Shoalhaven water supply system. It provides the current status of storage within Shoalhaven’s Dams and current flows in the Shoalhaven River, which may lead to the implementation of Level 1 Water Restrictions in the near future.

Recommendation (Item to be determined under delegated authority)

That Council note:

1. The current water supply situation with Shoalhaven storages and Shoalhaven River flows.

2. The proposed strategy to implement Level 1 water restrictions on 23 September 2019, in accordance with Council’s Drought Management Plan, should no significant rainfall be experienced and the outlook for rain remains low.

Options

1. Council can request further information on any of the matters raised in this Report.

Implications: Dependent upon any request.

Background

Shoalhaven Water manages and operates three separate water supply schemes:

• Northern Shoalhaven Water Supply (NSWS)

• Southern Shoalhaven Water Supply (SSWSS)

• Kangaroo Valley Water Supply Scheme

It should be noted that the NSWS and SSWSS are interconnected and water can be supplied from the north to south under certain conditions. The Kangaroo Valley Scheme is a separate scheme supplied from Bendeela Pondage.

Under non-drought flow conditions, water from the Shoalhaven River at Burrier is pumped to Bamarang Dam (a 3,800 megalitre off-river storage dam). The water is then transferred from the dam to Water Treatment Plants at Bamarang and Flat Rock. When inflow to Tallowa Dam drops below 90 million litres per day (ML/day), pumping from the river must cease under our licence conditions.

A 7,660 megalitre storage dam at Danjera (Yalwal) acts as a backup supply feed for the Shoalhaven River in times of drought. Raw water from Danjera Dam is released via Yalwal Creek to Shoalhaven River and pumped to Bamarang Dam during times of drought. 30% of the capacity of the dam is to be left in the dam for fish survival. The relative locations of the dams are shown in the diagram below.

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In the case of a persisting drought where water in Council’s emergency storage at Danjera Dam is drawn down to its Low Limit, Council may request WaterNSW to release water from Tallowa Dam. The volume and rate of water released from Tallowa Dam shall be determined weekly by Council in accordance with the Bulk Water Supply Protocols and Council’s Water Licence.

The last time water restrictions were in force in the Shoalhaven was in 2018 (and prior to that, 2009/10). Level 1 restrictions were in place from October 2018 to December 2018. This, along with other periods of water restrictions since 1996, is shown in the graph below.

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Current Situation

Shoalhaven’s combined storages are currently (at 26 August 2019) at 81% of capacity. Individually they are as follows:

· Bamarang Dam – 80%

· Danjera Dam – 84%

· Porters Creek Dam – 70%

The inflows to Tallowa dam dropped below 90 ML/day on 4 August 2019. Due to the fact that Porters Creek dam is at 70% capacity, all areas of the Shoalhaven (other than the stand-alone system in Kangaroo Valley) are being served from the north – i.e. from Bamarang Dam.

A simplified sequence of events under Council’s current drought management protocols are summarised as follows:

1. Bamarang Dam drawn down to 60% - Level 1 Restrictions + Release from Danjera Dam

2. Bamarang Dam refilled from the Danjera release.

3. Bamarang Dam drawn down to 60% for the second time - Level 2 Restrictions + Release from Danjera Dam

4. Bamarang Dam drawn down to 60% for third time and final time – Level 3 Restrictions

5. Resume releases from Tallowa Dam.

The current daily usage in Shoalhaven is approximately 40 ML/day.

Planning is underway to implement Level 1 restrictions on Monday 23 September 2019, in the scenario that no significant rainfall is experienced in that period and the outlook for rain remains low. The CEO, under delegation from Council (Council Minute 98.184) has authority to impose and lift water restrictions.

Water restrictions are advertised using media, social media and public notices. Some media interviews concerning the local water supply have commenced and daily updates are provided on the Shoalhaven Water website.

In addition, a general awareness campaign is being provided with “inserts” contained with water accounts. Inserts have been issued progressively since summer and encourages customers to stay up to date on the latest water situation. Inserts similar to that below will be issued with the next accounts.

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The Restriction Level requirements are shown below, and these apply to all customers across the Shoalhaven.

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During Level 1 and 2 restrictions, some specified customers have a Standard Variation to the general water restriction levels shown above. This recognises commercial operations, WH&S, public health and community needs in their day to day water supply activities. This is a relaxed restriction on the use of water and requires no application. This approach has been very successful in previous instances of water restrictions.

For customers that cannot meet the Water Restriction Levels or Standard Variations, a separate application is required.

REMS Update

The volume of REMS 1A water (from St Georges Basin, Callala, Culburra and Vincentia treatment plants) currently being used is approximately 7ML/day, mostly for irrigation. It is highly unusual for farms to irrigate in winter. Normally the coastal irrigation season starts in September/October.

It should also be noted that 2018 was the first winter in the history of REMS (18 years) that there were no releases to the ocean. At the time of writing this Report the bulk storage was at 90% capacity.

The successful completion of REMS 1B will double the daily reclaimed water available for beneficial reuse from approximately 6ML to 12ML. The current program indicates the additional reclaimed water could be available by the end of 2019.