Agenda of Development Committee

Minutes of the Development Committee

Meeting Date: Tuesday, 8 August 2017

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

Time: 5.00pm

The following members were present:

Clr Patricia White - Chairperson

Clr Joanna Gash

Clr John Wells

Clr Amanda Findley

Clr Nina Cheyne

Clr Annette Alldrick

Clr Kaye Gartner

Clr Andrew Guile

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Russ Pigg - General Manager

Apologies / Leave of Absence

An apology was received from Clr Levett.

Confirmation of the Minutes

RESOLVED (Clr Gartner / Clr Alldrick) MIN17.675

That the Minutes of the Development Committee held on Monday 17 July 2017 be confirmed.

CARRIED

Declarations of Interest

Clr Watson – DE17.59 - Exhibition outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas - pecuniary interest declaration – as he and his wife own a property at 23 Seasongood Road, Woollamia and the decision of the Committee may impact on the value of his property – will leave the room and will not take part in discussion or vote.

Clr Watson – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 - pecuniary interest declaration – as he and his wife own the property at 23 Seasongood Road, Woollamia and the decision of the Committee may impact on the value of his property – will leave the room and will not take part in discussion or vote.

Clr Gash – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 – non pecuniary less than significant interest declaration – she was a candidate in the recent Council elections with Clr Watson and Clr Watson issued a code of conduct against her which has been dealt with by an independent reviewer – will remain in the room and will take part in discussion and vote.

Clr Proudfoot – DE17.59 - Exhibition outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas – non pecuniary less than significant interest declaration – Clr Watson and he are both members of the Shoalhaven Independents – will remain in the room and will take part in discussion and vote.

Clr Proudfoot – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 – non pecuniary less than significant interest declaration – Clr Watson and he are both members of the Shoalhaven Independents – will remain in the room and will take part in discussion and vote.

Clr Pakes – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 – non pecuniary less than significant interest declaration – Clr Watson and he are both members of the Shoalhaven Independents – will remain in the room and will take part in discussion and vote.

Clr Guile – DE17.59 - Exhibition outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas – non pecuniary less than significant interest declaration – as he and Clr Watson were both candidates on the ticket in the 2016 Council elections – will remain in the room and will take part in discussion and vote.

Clr Guile – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 – non pecuniary less than significant interest declaration – as he and Clr Watson were both candidates on the ticket in the 2016 Council elections – will remain in the room and will take part in discussion and vote.

Clr Kitchener – DE17.59 - Exhibition outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas – non pecuniary less than significant interest declaration – Clr Watson and he are both members of the Shoalhaven Independents – will remain in the room and will take part in discussion and vote.

Clr Kitchener – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 – non pecuniary less than significant interest declaration – Clr Watson and he are both members of the Shoalhaven Independents – will remain in the room and will take part in discussion and vote.

Deputations and Presentations

Ms Samantha Wilson, representing URBIS Town Planners, addressed the Committee in relation to DE17.55 Planning Proposal (Rezoning) - Warrah Road Bangalee - Finalisation of Development Footprint.

Mr Dennis Johnson, representing the North Nowra Precinct Committee addressed the Committee in relation to DE17.55 Planning Proposal (Rezoning) - Warrah Road Bangalee - Finalisation of Development Footprint.

Stephen Nall addressed the Committee in relation to DE17.56 Moss Vale Road North Urban Release Area - Resourcing and Funding.

Note - Clr Watson left meeting at 5.46pm for the following deputations due to his declarations of interest.

Mr David Cannon, SET Consultants and representing the owner of 111 Woollamia Road addressed the Committee in relation to DE17.59 Exhibition outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas.

Clr Guile raised a Point of Order against Clr Findley asking her to withdraw the question with respect to Clr Watson’s involvement in the DCP negotiations.

The Chair advised that she had been present when Clr Watson had made declarations of interest and excluded himself from discussions on this matter and advised that the meeting will move on.

Ms Lori Field, PDC Lawyers, addressed the Committee in relation to DE17.60 Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266.

Note - Clr Watson returned to the meeting at 6.24pm.

Procedural Motion - Bring Item Forward

RESOLVED (Clr Gash / Clr Pakes) MIN17.676

That the following items be brought forward for consideration:

DE17.55 - Planning Proposal (Rezoning) - Warrah Road Bangalee - Finalisation of Development Footprint
DE17.56 - Moss Vale Road North Urban Release Area - Resourcing and Funding
DE17.59 - Exhibition outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas
DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266

CARRIED

Reports

DE17.55 Planning Proposal (Rezoning) - Warrah Road Bangalee - Finalisation of Development Footprint

HPERM Ref: D17/213879

Recommendation (Item to be determined under delegated authority)

That Council

1. Adopt the attached Land Use Zone (Attachment 5) and Lot Size (Attachment 6) maps as the basis for preparing the specialist studies required to enable public exhibition of the Planning Proposal.

2. Forward these maps to the NSW Department of Planning and Environment with a request to revise the Gateway determination that:

a. Reflects the proposed new development footprint;

b. Removes condition 1, which is covered by the new footprint;

c. Removes items (c) and (d) from condition 2 in the current determination; and

d. Adds a condition allowing the minimum lot size of 1500 m² to be revised if appropriately supported by the traffic and bushfire assessments undertaken for the planning proposal.

3. That the proposal be reported back to Council prior to exhibition.

RESOLVED (Clr Guile / Clr Watson) MIN17.677

That Council

1. Adopt the attached Land Use Zone (Attachment 5) and Lot Size (Attachment 6) maps as the basis for preparing the specialist studies required to enable public exhibition of the Planning Proposal.

2. Forward these maps to the NSW Department of Planning and Environment with a request to revise the Gateway determination that:

a. Reflects the proposed new development footprint;

b. Removes condition 1, which is covered by the new footprint;

c. Removes items (c) and (d) from condition 2 in the current determination; and

d. Adds a condition allowing the minimum lot size of 1500 m² to be revised if appropriately supported by the traffic and bushfire assessments undertaken for the planning proposal.

3. That the proposal be reported back to Council prior to exhibition.

For: Clr Gash, Clr Wells, Clr Findley, Clr Cheyne, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot, Russ Pigg and Warwick Papworth

Against: Clr White and Clr Gartner

CARRIED

Note: Clr Guile left the meeting at 6:46pm

DE17.56 Moss Vale Road North Urban Release Area - Resourcing and Funding

HPERM Ref: D17/216422

Note: Clr Guile returned to the meeting at 6:49pm

Recommendation

That Council:

1. Formally commence the process required under Part 6 of Shoalhaven Local Environmental Plan 2017 for Moss Vale Road North (MVRN) Urban Release Area (URA).

2. Revise the indicative development phasing plan (contained in the Nowra-Bomaderry Structure Plan) for the Nowra Bomaderry URAs as follows:

a. Phase 1 – Mundamia and Worrigee

b. Phase 2 – Moss Vale Road South and Moss Vale Road North

c. Phase 3 – Cabbage Tree Lane

d. Phase 4 – Crams Road

3. Consult with the landowners of MVRN URA regularly to ensure they are provided with opportunities to be involved in the planning process and offer feedback

4. Support the establishment of a Project Control Group to facilitate the progression of the planning for the URA and its role at the development stage to ensure satisfactory provision of public infrastructure.

5. Commit the required staff resources and set a budget of $165,000 in 2017/18 (as per Table 1 in the report) to undertake the detailed planning requirements and delivery of infrastructure and identify a funding source in the September Quarterly Review.

6. Continue to seek opportunities for grant funding to reduce the cost of technical investigations and infrastructure, which would ordinarily be imposed on landowners/developers through Section 94 Contributions.

7. Advise all landowners within the Nowra-Bomaderry URAs of this resolution.

Recommendation (Clr Findley / Clr Wells)

That Council:

1. Formally commence the process required under Part 6 of Shoalhaven Local Environmental Plan 2017 for Moss Vale Road North (MVRN) Urban Release Area (URA).

2. Revise the indicative development phasing plan (contained in the Nowra-Bomaderry Structure Plan) for the Nowra Bomaderry URAs as follows:

a. Phase 1 – Mundamia and Worrigee

b. Phase 2 – Moss Vale Road South and Moss Vale Road North

c. Phase 3 – Cabbage Tree Lane

d. Phase 4 – Crams Road

3. Consult with the landowners of MVRN URA regularly to ensure they are provided with opportunities to be involved in the planning process and offer feedback

7. Advise all landowners within the Nowra-Bomaderry URAs of this resolution.

For: Clr White, Clr Gash, Clr Wells, Clr Findley, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot, Russ Pigg

Against: Nil

carried

DE17.59 Exhibition outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas

HPERM Ref: D17/187131

Clr Watson – DE17.59 - Exhibition outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas - pecuniary interest declaration – as he and his wife own a property at 23 Seasongood Road, Woollamia and the decision of the Committee may impact on the value of his property – left the room and did not take part in discussion or vote.

Clr Proudfoot – DE17.59 - Exhibition outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas – non pecuniary less than significant interest declaration – Clr Watson and he are both members of the Shoalhaven Independents – remained in the room and took part in discussion and vote.

Clr Guile – DE17.59 - Exhibition outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas – non pecuniary less than significant interest declaration – as he and Clr Watson were both candidates on the ticket in the 2016 Council elections – remained in the room and did not take part in discussion and vote.

Clr Kitchener – DE17.59 - Exhibition outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas – non pecuniary less than significant interest declaration – Clr Watson and he are both members of the Shoalhaven Independents – remained in the room and took part in discussion and vote.

Recommendation

That:

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

a. The owner of No. 111 Woollamia Road has surrendered the consent for three tourist cabins (DA00/2847) in accordance with MIN16.945 (part 1.b).

b. If the consent for DA00/2847 is not surrendered by 5 September, amend LP406 and DCP Chapter N16 to reduce the number of lots that can be subdivided from three to two in line with the other properties within the subject land.

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

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

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

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

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

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

Recommendation (Clr Guile / Clr Wells)

That:

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

b. Revise the DCP as follows:

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

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

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

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

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

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

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

For: Clr White, Clr Gash, Clr Wells, Clr Findley, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Kitchener, Clr Proudfoot and Russ Pigg

Against: Nil

carried

Procedural Motion - Bring Item Forward

RESOLVED (Clr Wells / Clr Gash) MIN17.678

That the matter of item DE17.53 Draft Planning Agreement - Enterprise Avenue, South Nowra - Public Exhibition Outcomes and Finalisation/Execution be brought forward for consideration.

CARRIED

DE17.53 Draft Planning Agreement - Enterprise Avenue, South Nowra - Public Exhibition Outcomes and Finalisation/Execution	HPERM Ref: D17/199418
Note: Clr Watson returned to the meeting at 7:04pm
Recommendation (Item to be determined under delegated authority) That Council: 1. Finalise and execute the Planning Agreement with the following changes: a. Inclusion of contact details for Council and Palmira Holdings Pty Ltd; b. Amend to Clause 36.3.1 of the Draft Planning Agreement to reference an additional development consent that the applicant as obtained; c. Include the cost of drafting the Planning Agreement, including revisions; and d. Include the Council processes to fund a portion of the project as agreed. 2. Prepare a draft amendment to the Shoalhaven Contributions Plan 2010 to reflect the revised costings and design for 01ROAD2149 (Enterprise Avenue) and receive a further report prior to public exhibition. 3. Continue and complete the process to acquire part of Lot 2 DP 1170503 to enable the construction works to be undertaken.
RESOLVED (Clr Wells / Clr Gash) MIN17.679 That Council: 1. Finalise and execute the Planning Agreement with the following changes: a. Inclusion of contact details for Council and Palmira Holdings Pty Ltd; b. Amend to Clause 36.3.1 of the Draft Planning Agreement to reference an additional development consent that the applicant as obtained; c. Include the cost of drafting the Planning Agreement, including revisions; and d. Include the Council processes to fund a portion of the project as agreed. 2. Prepare a draft amendment to the Shoalhaven Contributions Plan 2010 to reflect the revised costings and design for 01ROAD2149 (Enterprise Avenue) and receive a further report prior to public exhibition. 3. Continue and complete the process to acquire part of Lot 2 DP 1170503 to enable the construction works to be undertaken. For: Clr White, Clr Gash, Clr Wells, Clr Findley, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Russ Pigg Against: Nil CARRIED

Procedural Motion - Adjournment of Meeting

RESOLVED (Clr White / Clr Guile) MIN17.680

That the meeting be adjourned for a period of 15 minutes.

CARRIED

Note: The meeting adjourned, the time being 7.10pm

Procedural Motion - Resumption of Meeting

RESOLVED (Clr White) MIN17.681

That Committee proceed with the business of the meeting the time being 7.30pm.

CARRIED

The following members were present:

Clr Patricia White - Chairperson

Clr Amanda Findley

Clr Joanna Gash

Clr John Wells

Clr Nina Cheyne

Clr Kaye Gartner

Clr Andrew Guile

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Russ Pigg

Procedural Motion - Bring Item Forward

RESOLVED (Clr Pakes / Clr Wells) MIN17.682

That the matter of item DE17.57 Clause 4.6 Variation Report - 71 Meroo St, Bomaderry - Lot 1 DP 732712 be brought forward for consideration.

CARRIED

DE17.57 Clause 4.6 Variation Report - 71 Meroo St, Bomaderry - Lot 1 DP 732712

HPERM Ref: D17/234650

Recommendation (Item to be determined under delegated authority)

That the Committee:

1. Confirms that pursuant to Clause 4.6 (Variation to development standards) of SLEP 2014, it supports the applicant’s request to vary the maximum height of buildings limit of 11m to 12.8m; and

2. Refer the development application (DA16/2440) back to staff for determination.

RESOLVED (Clr Wells / Clr White) MIN17.683

That the Committee:

1. Confirms that pursuant to Clause 4.6 (Variation to development standards) of SLEP 2014, it supports the applicant’s request to vary the maximum height of buildings limit of 11m to 12.8m; and

2. Refer the development application (DA16/2440) back to staff for determination.

For: Clr White, Clr Gash, Clr Wells, Clr Findley, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Russ Pigg

Against: Nil

CARRIED

Note: Clr Watson left the meeting at 7:25pm

DE17.60 Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266

HPERM Ref: D17/230792

Clr Watson – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 - pecuniary interest declaration – as he and his wife own the property at 23 Seasongood Road, Woollamia and the decision of the Committee may impact on the value of his property – left the room and did not take part in discussion or vote.

Clr Gash – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 – non pecuniary less than significant interest declaration – she was a candidate in the recent Council elections with Clr Watson – and Clr Watson issued a code of conduct against her which has been dealt with by an independent reviewer remained in the room and took part in discussion and vote.

Clr Proudfoot – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 – non pecuniary less than significant interest declaration – Clr Watson and he are both members of the Shoalhaven Independents – remained in the room and took part in discussion and vote.

Clr Pakes – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 – non pecuniary less than significant interest declaration – Clr Watson and he are both members of the Shoalhaven Independents – remained in the room and took part in discussion and vote.

Clr Guile – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 – non pecuniary less than significant interest declaration – as he and Clr Watson were both candidates on the ticket in the 2016 Council elections – remained in the room and took part in discussion and vote.

Clr Kitchener – DE17.60 - Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266 – non pecuniary less than significant interest declaration – Clr Watson and he are both members of the Shoalhaven Independents – remained in the room and took part in discussion and vote.

Recommendation (Item to be determined under delegated authority)

That Council resolve to refuse Development Application DA16/1433 for the Staged Construction of a Replacement Dwelling House – Stage 1 Nomination of Building Envelope and Demolition of Existing Dwelling House at Lot 113A DP 15266 No.23 Seasongood Road, Woollamia for reasons relating to:

1. The proposed building envelope is not consistent with the provisions of Planning for Bushfire Protection 2006;

2. The NSW Rural Fire Service does not support the building envelope in its proposed location;

3. Based on the proposal’s inconsistency with Planning for Bushfire Protection 2006 and the NSW Rural Fire Service’s opposition to the development proposal, the development application is unsatisfactory with regard to Section 79BA of the Environmental Planning and Assessment Act, 1979; and

4. The development proposal is inconsistent with the draft Shoalhaven Local Environmental Plan (Planning Proposal LP406) and provisions of supporting draft Shoalhaven Development Control Plan 2014 – Amendment No.17 – draft Chapter N16 Falls Creek / Woollamia Rural Residential Areas.

PROCEDURAL Motion (Clr Proudfoot / Clr Alldrick)

That the consultant, Mr Lee Carmichael be asked to address the Committee.

CARRIED

Mr Carmichael responded to statements made during the meeting by Mr Papworth in relation to the qualifications of the persons who provided a report to Council on this matter.

RESOLVED (Clr Wells / Clr Guile) MIN17.684

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

For: Clr White, Clr Gash, Clr Wells, Clr Findley, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Kitchener, Clr Proudfoot and Russ Pigg

Against: Nil

CARRIED

DE17.53 Draft Planning Agreement - Enterprise Avenue, South Nowra - Public Exhibition Outcomes And Finalisation/Execution

HPERM Ref: D17/199418

Item dealt with earlier in the meeting see MIN17.679

DE17.54 Nowra CBD Urban Design Planning Controls - Planning Proposal and Development Control Plan Chapter - Adoption and Finalisation	HPERM Ref: D17/96445
Note: Clr Watson returned to the meeting at 8:00pm
Recommendation (Item to be determined under delegated authority) That the Committee:- 1. Adopt the Nowra CBD Height of Buildings Planning Proposal as exhibited, with the following change: a. Amend the Planning Proposal Report in respect to the number of storeys possible with a 15 metre building height limit to 4 storeys. 2. Submit the amended Planning Proposal for the Nowra CBD Height of Buildings to the NSW Parliamentary Counsel Office with instructions to prepare an amendment to Shoalhaven Local Environmental Plan 2014 under Section 59(1) of the Environmental Planning and Assessment Act 1979. 3. Adopt the draft Shoalhaven Development Control Plan 2014 – Nowra CBD Urban Design Development Controls Chapter as exhibited with the following changes: a. Remove the ‘Council owned land’ key from the Area Specific Controls Maps; b. Reduce the area shown as “indicative consolidated deep soil zone” for the Council owned site on the corner of Worrigee Street and Berry Street in Figure 11; c. Remove the proposed ‘desired future connection’ shown over privately owned land in Figure 13; d. Include clarification that site coverage is calculated across a development site and on a lot by lot basis in relation to Area E1; e. Amend the maximum building depth in Area E1 to 180m; f. Revise the character area description of Area E1 to reflect the land uses permissible in the zone; g. Revise the map ‘key’ in Figure 14 to clarify that the desired link is over privately owned land; and h. Include the additional controls outlined in Attachment 3 to address active frontages and amend numbering of controls accordingly. 4. Notify the adoption of Shoalhaven Development Control Plan 2014 – Nowra CBD Urban Design Development Controls Chapter in the local newspaper in accordance with the requirement of the Environmental Planning and Assessment Act 1979 and its Regulations, noting that it will commence when the related LEP Amendment is notified. 5. Repeal Chapters N8 – Nowra CBD Urban Fringe and N9 – Bulky Goods Precinct East Street Nowra in the Shoalhaven Development Control Plan 2014 in association with the commencement of the new Chapter in the DCP. 6. Advise the NSW Department of Planning and Environment (DP&E) and the people/agencies who made submissions on the Planning Proposal of Council’s resolution. 7. Separately consider the establishment of a Design Review Panel to assist in the assessment of Development Applications for certain land uses and scales within Shoalhaven through a separate report to Council. 8. Council receive a further report to consider a wider Heritage Conservation Area to the west of the Nowra CBD Commercial Core Area as part of the project that is underway in this regard.
RESOLVED (Clr Wells / Clr Gash) MIN17.685 That the Committee: 1. Adopt the Nowra CBD Height of Buildings Planning Proposal as exhibited, with the following change: a. Amend the Planning Proposal Report in respect to the number of storeys possible with a 15 metre building height limit to 4 storeys. 2. Submit the amended Planning Proposal for the Nowra CBD Height of Buildings to the NSW Parliamentary Counsel Office with instructions to prepare an amendment to Shoalhaven Local Environmental Plan 2014 under Section 59(1) of the Environmental Planning and Assessment Act 1979. 3. Adopt the draft Shoalhaven Development Control Plan 2014 – Nowra CBD Urban Design Development Controls Chapter as exhibited with the following changes: a. Remove the ‘Council owned land’ key from the Area Specific Controls Maps; b. Reduce the area shown as “indicative consolidated deep soil zone” for the Council owned site on the corner of Worrigee Street and Berry Street in Figure 11; c. Remove the proposed ‘desired future connection’ shown over privately owned land in Figure 13; d. Include clarification that site coverage is calculated across a development site and on a lot by lot basis in relation to Area E1; e. Amend the maximum building depth in Area E1 to 180m; f. Revise the character area description of Area E1 to reflect the land uses permissible in the zone; g. Revise the map ‘key’ in Figure 14 to clarify that the desired link is over privately owned land; and h. Include the additional controls outlined in Attachment 3 to address active frontages and amend numbering of controls accordingly. 4. Notify the adoption of Shoalhaven Development Control Plan 2014 – Nowra CBD Urban Design Development Controls Chapter in the local newspaper in accordance with the requirement of the Environmental Planning and Assessment Act 1979 and its Regulations, noting that it will commence when the related LEP Amendment is notified. 5. Repeal Chapters N8 – Nowra CBD Urban Fringe and N9 – Bulky Goods Precinct East Street Nowra in the Shoalhaven Development Control Plan 2014 in association with the commencement of the new Chapter in the DCP. 6. Advise the NSW Department of Planning and Environment (DP&E) and the people/agencies who made submissions on the Planning Proposal of Council’s resolution. 7. Separately consider the establishment of a Design Review Panel to assist in the assessment of Development Applications for certain land uses and scales within Shoalhaven through a separate report to Council. 8. Council receive a further report to consider a wider Heritage Conservation Area to the west of the Nowra CBD Commercial Core Area as part of the project that is underway in this regard. 9. In adopting the urban design controls embodied in the current planning proposal and development control plan chapter, Council recognises the need to potentially revisit these controls should proposals come forward that have merit and are sufficiently justified. For: Clr White, Clr Gash, Clr Wells, Clr Findley, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Russ Pigg Against: Nil CARRIED

DE17.55 Planning Proposal (Rezoning) - Warrah Road Bangalee - Finalisation Of Development Footprint

HPERM Ref: D17/213879

Item dealt with earlier in the meeting see MIN17.677.

DE17.56 Moss Vale Road North Urban Release Area - Resourcing And Funding

HPERM Ref: D17/216422

Item dealt with earlier in the meeting.

DE17.57 Clause 4.6 Variation Report - 71 Meroo St, Bomaderry - Lot 1 DP 732712

HPERM Ref: D17/234650

Item dealt with earlier in the meeting see MIN17.683

DE17.58 Development Application – 123 Forster Drive Bawley Point – Lot 3 DP 527264

HPERM Ref: D17/240746

Recommendation (Item to be determined under delegated authority)

That Council:

1. Confirm that it supports the proposed variation, under clause 4.6 of Shoalhaven Local Environment Plan 2014, to the 11m maximum building height to allow for the metal sculpture 13m in height and for the stockyards/camping area entry 11.7m in height;

2. Refer the application back to staff for determination by delegation;

RESOLVED (Clr Wells / Clr Gartner) MIN17.686

That Council:

2. Refer the application back to staff for determination by delegation;

For: Clr White, Clr Gash, Clr Wells, Clr Findley, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Russ Pigg

Against: Nil

CARRIED

DE17.59 Exhibition Outcomes - Planning Proposal LP406 and DCP Chapter N16 - Falls Creek / Woollamia Deferred Areas

HPERM Ref: D17/187131

Item dealt with earlier in the meeting.

DE17.60 Development Application – 23 Seasongood Road, Woollamia – Lot 113A DP 15266

HPERM Ref: D17/230792

Item dealt with earlier in the meeting see MIN17.684.

There being no further business, the meeting concluded, the time being 8.19pm.

Clr White

CHAIRPERSON

Development Committee – Tuesday 12 September 2017

Page 14

DE17.61 Planning Proposal (Rezoning) - Albatross Road & Kinghorne Street, Nowra - Post Exhibition Consideration and Finalisation

HPERM Ref: D17/254334

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Gateway determination - 7 November 2016 (under separate cover) ⇨

2. Character Assessment (Urbanac) (under separate cover) ⇨

3. Planning Proposal PP019 - Exhibition Version - June 2017 (under separate cover) ⇨

4. Explanatory Statement (under separate cover) ⇨

5. Summary of Submissions (under separate cover) ⇨

6. Rural Fire Service Response (under separate cover) ⇨

Purpose / Summary

a) To consider submissions received during the public exhibition of the Planning Proposal (PP); and

b) Adopt the PP and undertake the required steps to enable finalisation of the amendment to Shoalhaven Local Environmental Plan (LEP) 2014.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Adopt the Planning Proposal as exhibited with the following addition:

a. To avoid uncertainty, the width of the part of the site with an 8.5m maximum building height is 9m, as measured from the southern boundaries of Lot 1 and Lot 30 DP 25114, and south-eastern and south-western boundaries of Lot 29 DP 25114.

2. Under Council’s delegation as Relevant Planning Authority, forward the Planning Proposal to NSW Parliamentary Counsel to draft the amendment to Shoalhaven Local Environmental Plan 2014 under Section 59(1) of the Environmental Planning and Assessment Act 1979.

3. Advise those who made a submission, the Rural Fire Service, proponent and surrounding landowners of this resolution and again when the LEP Amendment is notified.

Options

1. Adopt the recommendation and finalise the PP as exhibited.

Implications: This is the preferred option, as it will enable the finalisation of the PP.

It will also ultimately enable the subsequent determination of the proposed development application for a residential flat building with ground floor commercial space and basement parking (DA16/1465).

2. Adopt an alternative or revised recommendation.

Implications: This may result in changes to the PP that could complicate its intent or delay its finalisation. Council may also not be able to meet the finalisation timeframe set by the Department of Planning and Environment (DP&E) and/or the PP may need to be re-exhibited.

3. Not proceed with the PP.

Implications: This option is not preferred as the proposed rezoning may allow a better development outcome for the site. The proposed development (DA16/1465) would remain prohibited, as residential accommodation (other than as part of a shop top housing) is not permitted in the B5 zone.

Background

In April 2016, Council received a PP from Lee Carmichael Town Planning on behalf of the landowner (Mr B Zervos) to rezone land at the intersection of Albatross Road and Kinghorne Street, Nowra (Lot 1, 29 & 30 DP 25114) from B5 Business Development to B4 Mixed Use under Shoalhaven LEP 2014.

The PP included a corresponding amendment to the Height of Buildings Map to increase the height from up to 11m (via Clause 4.2(2A)) to maximum of 15m.

A Development Application was also submitted over the site in April 2016 for a four storey residential flat building with an element of commercial space at the ground level and basement car parking (DA16/1465). The Development Application is being considered concurrently with the PP.

Council’s Development Committee resolved (under delegation) in July 2016 (MIN16.532) to:

a) Give in principle support for the proposed rezoning and increase in building height for Lot 1, 29 and 30 DP25114 Albatross Road & Kinghorne Street, Nowra; and submit a Planning Proposal to the NSW Department of Planning and Environment for Gateway determination.

b) Request that a character assessment of the site and surrounds be required as a condition of the Gateway determination, with the possibility of stepping the building heights down towards the adjoining properties to be considered as part of the assessment.

c) Advise the proponent, adjacent land owners and relevant community groups of this decision, noting the opportunity for formal consultation later in the process.

d) If necessary, receive a further report following receipt of the Gateway determination;

e) Request the applicant give consideration that a portion of affordable housing be included in the project.

Council’s PP (Gateway Version) was submitted to DP&E in September 2016 and a Gateway determination was received in November 2016 (Attachment 1). The Gateway determination reflected Council’s request for a character assessment and the consideration of stepping the building heights down towards the adjoining properties.

Consistent with this condition, a Character Assessment was prepared on the proponents behalf by Urbanac (Attachment 2) which recommended a graduation in height, transitioning from two storeys at the southern interface to four storeys to the north. The approach considers the amenity and visual impact of the proposed development in a broad context, and specifically in relation to the adjoining residential zone to the south.

Following the Character Assessment, it was considered that a maximum building height of 8.5m was appropriate to achieve development within the two storey section of the site. A 14m maximum building height was considered most appropriate for the 4 storey component of the site for the following reasons:

· A height limit of 14.5m or 15m could effectively enable a fifth storey to be accommodated in certain parts of the site, which is considered inconsistent with the intent of the Character Assessment.

· The Character Assessment depicts lift overruns that are the same general height as a standard storey (approximately 3m floor to floor). It is recognised that all lifts require a minimum overrun of approximately 0.5m, however most overruns can easily be accommodated within a height of approximately 1-1.5m.

· The application of a 14.5m or 15m height over part of the site would require this new height to be included in the Height of Building map legend citywide. This would require an amendment to all 40 existing Height of Building maps, which is considered unnecessarily onerous. The 14m maximum building height is already included in the Height of Building map legend.

The proposed maximum building heights of 8.5m and 14m for the site, as exhibited, are detailed in Figure 1 below.

Figure 1: Existing and Proposed Maximum Building Heights

The Standard Instrument LEP and related Mapping Guidelines do not enable split heights to be dimensioned on the height of building map. To avoid uncertainty, the width of the part of the site with an 8.5m maximum building height is 9m, as measured from the southern site boundaries of Lot 1 and Lot 30 DP 25114, and south-eastern and south-western boundaries of Lot 29 DP 25114. This will be noted in the final PP submitted to NSW Parliamentary Counsel as recommended.

Community Engagement - Public Exhibition

Consistent with the Gateway determination, the PP was exhibited for a period of 30 days from Wednesday 14 June to Friday 14 July 2017. All adjoining landowners and the NSW Rural Fire Service were notified in writing.

The PP was exhibited at Council’s Administrative Office, Bridge Road, Nowra during business hours and on Council’s website. The exhibition material remains available on Council’s website (http://shoalhaven.nsw.gov.au/My-Council/Public-exhibition/Documents-on-exhibition) and includes:

· Planning Proposal (PP019) – Exhibition Version - June 2017 (Attachment 3).

· Gateway determination - 7 November 2016.

· Character Assessment - Urbanac – May 2017.

· Explanatory Statement (Attachment 4) summarising the proposed rezoning, amendment to the Height of Buildings Map and also detail relating to the concurrent PP and Development Application.

· Existing/Proposed Land Zone and Height of Building Maps.

· Newspaper advertisement.

Submissions

Eight (8) submissions were received as a result of the public exhibition - three (3) were in support of the proposal and five (5) raised concerns. The key issues raised and the Council staff comments in response are summarised at Attachment 5. The proponent/landowner, despite being directly notified of the exhibition arrangements, made no submission.

The three (3) submissions in support were from business representatives in Nowra who consider the proposal to be of general benefit to the community, compatible with the surrounding local area and increases opportunity for affordable residential housing in the Nowra area. The proposal sets a manageable precedent for similar developments and an increase in height up to 15m was acceptable subject to the building being appropriately set back from neighbouring houses

Five (5) submissions were received that raised concerns relating to the proposed development being out of character with the surrounding residential area (bulk and scale), impacts of light and noise pollution, adequate off street parking, traffic congestion, and a general over development of the site. Generally, an increase in height from up to 11m (existing) was not supported, nor was the location of the proposed development, being outside the broader Nowra CBD area.

Many of the issues raised in the submissions relate to the design of the proposed building detailed in the development application, not the PP. These issues will be considered as part of the assessment of the development application.

Consultation – Rural Fire Service

As required by the Gateway determination, Council undertook consultation with the Rural Fire Service (RFS) prior to public exhibition. The RFS have raised no concerns or issues in relation to bushfire (Attachment 6).

Conclusion

The PP proposes to amend Shoalhaven LEP 2014 as follows:

· Rezone the land from B5 Business Development to B4 Mixed Use.

· Map the land on the relevant Height of Buildings map as part 8.5m and part 14m.

· Insert an exception to Clause 1.8A ‘Savings provision relating to development applications’ to enable the concurrent development application (DA16/1465) to be determined in accordance with the provisions of the PP. Council’s instructions to NSW Parliamentary Counsel will specify the desired outcome in this regard, which will be drafted accordingly.

The PP will allow for a proposed residential flat building with a component of ground floor commercial space and basement car parking, the detail of which will be considered through the development application process.

General concerns were raised during the public exhibition relating to amenity, visual impact and relationship to the residential zone. It is considered that the Character Assessment has considered matters of amenity and visual impact at an appropriate level to Council’s satisfaction for a rezoning and which is reflected in the proposed part 8.5m and part 14m maximum building height for the land.

As such, it is recommended that Council adopt the PP and forward it to NSW Parliamentary Counsel for finalisation.

Financial Implications

The proponent has paid the relevant fees and charges required to cover the cost of staff resources for the completion of the post exhibition assessment and finalisation process.

Development Committee – Tuesday 12 September 2017

Page 19

DE17.62 Planning Proposal (Rezoning) - Halloran Trust Lands - Progression in Parts

HPERM Ref: D17/254610

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Initial Groundwater Investigation for Lake Wollumboola (under separate cover) ⇨

Purpose / Summary

Provide an update on the timing of the groundwater investigation for Lake Wollumboola and seek Council’s endorsement to split the Halloran Planning Proposal (PP) into two parts.

Recommendation (Item to be determined under delegated authority)

That Council

1. Receive the initial groundwater investigation report prepared by HGEO consultants for information (Attachment 1 – under separate cover).

2. Support splitting the Planning Proposal into two parts to allow the land at Callala Bay and Kinghorne Point to be progressed ahead of the land at Culburra Beach, with the mechanism to achieve this to be determined in consultation with NSW Department of Environment & Planning.

3. Support any necessary additional Planning Proposals that need to be prepared to achieve item 2 above.

4. Advise the proponent, relevant CCB’s, interest groups and those who previously made submissions of this resolution.

Options

1. Separate the Planning Proposal (PP) into two parts

Implications: This option is recommended as it will allow the Callala Bay and Kinghorne Point components of the PP to be progressed separately while the groundwater catchment for Lake Wollumboola is thoroughly investigated. It will also enable more targeted community engagement particularly in respect of the Callala Bay and Kinghorne Point sites.

2. Not separate the Planning Proposal into two parts and continue to progress as a single PP.

Implications: This option is not recommended as the work to resolve Callala Bay and Kinghorne Point sites will be delayed unnecessarily while the groundwater investigations continue for the Lake Wollumboola catchment. It will also mean that the community engagement for the overall large PP will need to be undertaken over three somewhat separate sites.

3. Abandon the current PP and adopt the Shoalhaven Local Environment Plan (LEP) 2014 maps that were originally exhibited for the sites.

Implications: The NSW Department of Environment & Planning (DP&E) have previously advised that if this PP were abandoned they would proceed to make the LEP provisions that were previously “deferred” as part of the finalisation of Shoalhaven LEP 2014. This option is not recommended as it may produce a less than desirable outcome, not reflect the outcome of recent work and also not ultimately resolve the longer term future of this land. Under this option, the proponent would also have the option to seek the intervention of the DP&E and Joint Regional Planning Panel (JRPP), which could result in the proposal being taken out of Council’s control.

Overview

Part of the subject land covered by this PP drains into Lake Wollumboola. The Lake has significant environmental values and it has been the subject of a number of significant government inquiries.

The Gateway determination that issued for the PP requires, as an initial investigation outcome, that the Lake Wollumboola catchment boundaries be confirmed, particularly north of Culburra Road.

An initial investigation into the Lake’s groundwater conditions has now been completed. This investigation found that groundwater will need to be monitored for 2 years to properly understand the impacts the PP could have on the lake and establish the required catchment boundaries.

The groundwater monitoring will delay the advancement and resolution of the Culburra Beach part of the PP. To prevent this delay from impacting on the other land covered by the PP it is now proposed to amend the Gateway determination to allow the Callala Bay and Kinghorne Point sites to proceed independently of the Culburra Beach site.

Councillors were briefed on this matter and the proposal to progress it in two parts on 27^th July 2017.

Background

The Halloran Trust Lands Planning Proposal

Council received a PP request from Allen Price & Scarratts Pty Ltd on 4 August 2014, for land at Culburra Beach, Callala Bay and Kinghorne Point (near Currarong) owned by the Halloran Trust. The Halloran Trust land was “deferred” from the Shoalhaven LEP 2014 and is shown on Figure 1 below.

Figure 1: Site Identification Map and Aerial Photograph

Council resolved to support the PP “in principle” and it was submitted to DP&E for Gateway determination in October 2014.

The Gateway determination was received on 16 November 2015, enabling the PP to proceed further subject to conditions.

Lake Wollumboola

Lake Wollumboola is a coastal lake that is intermittently open to the ocean. The lake is part of Jervis Bay National Park and has significant environmental value. It has been assessed in three separate NSW Government Inquiries:

· The Commission of Enquiry into Subdivision at Longbow Point (2000)

· The Healthy Rivers Commission Independent Inquiry into Coastal Lakes (2002)

· The South Coast Sensitive Urban Lands Review (2006)

These Inquiries consistently found that the Lake is a sensitive environment. This conclusion was reflected most recently in the Illawarra-Shoalhaven Regional Plan which describes the Lake as an “ecological jewel that must be protected”. It then states that “the lands within the catchment (of the Lake) are considered unsuitable for urban development because of potential negative impacts on the lake”.

All three areas of land covered by the PP have some land within the catchment of the Lake. The land at Callala Bay and Kinghorne Point within and near the boundary of the catchment is however proposed to be zoned for environmental protection purposes and ultimately will most likely be transferred to the NSW Government for addition to the National Park.

The proponent’s PP seeks to enable urban development at the Culburra Beach site in the immediate vicinity of the Lake. The potential urban development at Callala Bay is not within the catchment of the Lake.

The Gateway determination included a number of conditions relating to the water quality and catchment issues. As a result, a detailed groundwater and geomorphic investigation is underway to define and characterise groundwater behaviour, so that potential impacts on Lake Wollumboola can be properly assessed as part of the PP.

The Groundwater Investigation

The geotechnical consulting firm HGEO have been commissioned to undertake the required groundwater investigation.

HGEO’s initial investigation report has been received and is provided as Attachment 1 (under separate cover). The report recommends that the groundwater now be monitored over a two year period. This extended period is proposed based on the requirements of the NSW Aquifer Interference Policy and the ANZECC Guidelines for Fresh and Marine Water Quality. It is also considered necessary because the sites underlying rock layers have low permeability for water and this will result in the groundwater moving very slowly.

This recommendation was subsequently discussed with the NSW Office of Environment & Heritage (OEH) and the DP&E who both confirmed that the two years of monitoring is necessary and appropriate.

In total, 23 monitoring bores are proposed to be installed on the site to enable the monitoring. This includes four (4) existing bores that were drilled as part of previous investigations undertaken by the proponent. At the time of preparing this report, the drilling of the remaining 19 bores was imminent subject to funding arrangements being finalised with the proponent.

Possible mechanisms to separate the PP

The groundwater investigation is primarily intended to determine if an additional buffer is needed to protect the lake from groundwater impacts associated with the proposed development at Culburra Beach. This is not relevant to the Callala Bay and Kinghorne Point sites.

Thus it is proposed to seek a variation to the Gateway determination to allow the Callala Bay and Kinghorne Point sites to proceed separately and ahead of the Culburra Beach site. This will allow the PP for the Callala Bay and Kinghorne Point sites to be progressed while the groundwater monitoring for the Lake is being undertaken. This will mean that rezoning of additional residential land at Callala Bay will not be delayed unnecessarily. Similarly, land that at Kinghorne Point and at Callala Bay that is not suitable for development can be rezoned for conservation purposes without unnecessary delay.

While amending Gateway determination will minimise any delays, the precise mechanism to achieve this will require further discussions with DP&E. It may be necessary to prepare new procedural PP’s to facilitate this.

The biodiversity certification of the site will still proceed as a single application with OEH and will be finalised before any land is rezoned to permit urban development.

The proposal to split the PP has been discussed with the proponents and they are generally agreeable, subject to it not impacting on the biodiversity certification application. OEH have confirmed that splitting the PP will not impact on the biodiversity certification application

Community Engagement

Splitting the PP into two distinct geographical areas will facilitate more effective community engagement as:

· Each component of the PP will be the subject of a separate, more focused exhibition process. The volume of information in each exhibition package will be more manageable / digestible, which in turn will reduce confusion.

· Each community impacted by the PP will have a fair and equal opportunity to provide feedback on the PP. If the PP is not separated, there may be a perception that community consultation on the Callala Bay site has been overshadowed by consultation on the Culburra Beach site.

Stakeholders interested in both areas/stages will be able to participate in both public exhibition processes if they wish and as such will not be disadvantaged.

Financial Implications

The PP is funded by the proponent on a 100% cost recovery basis in accordance with Council’s Fees and Charges. Splitting the PP into two parts will not affect the cost of the proposal to Council.

Conclusion

Lake Wollumboola is recognised as a significant environmental asset. Its protection is required by the Illawarra-Shoalhaven Regional Plan.

The Gateway determination for the Halloran Trust Lands PP requires an initial detailed groundwater investigation to be completed to inform planning outcomes for the Culburra Beach component of the PP. The monitoring for this investigation will take two years to complete.

Thus, splitting the PP will allow the Callala Bay and Kinghorne Point components to be progressed while the groundwater modelling for Lake Wollumboola is completed. It will also enable more effective and targeted community engagement. As a result, it is recommended that the PP be progressed into two parts with the mechanism to achieve this being determined in consultation with DP&E.

Development Committee – Tuesday 12 September 2017

Page 29

DE17.64 Petition - Crown Land - Shoalhaven Heads - Rezoning Request

HPERM Ref: D17/265867

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Report - Proposal for the Development of an Aged Care Facility ⇩

2. Notice of Motion - Shoalhaven Heads Crown Land ⇩

Purpose / Summary

Consider a petition received from residents and visitors of Shoalhaven Heads that calls on the NSW Government to rezone an area of Crown Land at Shoalhaven Heads to National Park or E2 Environmental Conservation.

Recommendation (Item to be determined under delegated authority)

That Council contact the Member for Kiama, Mr Gareth Ward MP, to obtain his views in regard to the petition that requests the rezoning of the Crown Land at Shoalhaven Heads to an appropriate environment protection zone, prior to considering the request further.

Options

1. Receive for information.

Implications: Given the nature of this petition, specifically the fact that it is calling on the NSW Government to rezone the land, Council may wish to receive the petition for information at this point. There is still the opportunity to reconsider this matter in future once the NSW Government’s position on it is known.

2. Approach the Member for South Coast, Gareth Ward MP, to obtain his views on this request, prior to reconsidering Councils position on it.

Implications: Before formalising a position, It may be appropriate to contact the Local Member given his previous involvement in this site, its ownership and given that the petition requests the NSW Government to take steps to rezone the subject land.

3. Request the NSW Government to consider the petition and if appropriate take steps to rezone the subject land.

Implications: Council could choose to support the intent of the petition and formally request the NSW Government to take steps to rezone the subject land, noting that it is Crown Land and as such, the Government first needs to decide what its future use should be.

4. Resolve to prepare a Planning Proposal (PP) to rezone the subject land to an appropriate environment protection zone, after consultation with the Shoalhaven Heads Community Forum.

Implications: Council could resolve to prepare a PP to rezone the subject land to E2 Environmental Conservation and submit this to the NSW Government for initial consideration. This should be done after consultation with the Shoalhaven Heads Community Forum given their interest in the subject land. Council cannot pursue a PP to rezone the land to E1 National Park without the involvement of agreement of the NSW Government. The priority of this project (Council initiated PP) would also need to be considered in the context of the overall Strategic Planning Works Program.

Background

Petition – Detail

In early July 2017, Council received a copy of a petition that was signed by four hundred and eighty (480) people that contains the following text:

Call to rezone the Crown land in Shoalhaven Heads, bounded by Shackleton Street, Bass Street, Scott Street & The Golf Course, to National Park or E2 (Environment Protection)

Petition to: Greens NSW Upper House Member – Justin Field

Local State Members – Gareth Wards

Mayor – Amanda Findley

We, the residents of Shoalhaven Heads and Visitors, call on the NSW Government to re-zone the Crown Land in Shoalhaven heads (bounded by Shackleton Street, Bass Street, Scott Street & The Golf Course) to National Park or E2 (Environment Protection), as it is comprised of two Endangered Ecological Communities (EEC), being Bangalay Sand Forest & Littoral Rain Forest. It is also a habitat for many Native Animals, some of which area endangered. This EEC should never be cleared or built on. We need to preserve & protect the small amount have left, for future generations to enjoy.

A copy of the petition will be available for review in the Councillors Room prior to the meeting.

Subject Land - Overview

The land to which the petition relates is part of Lot 7010 DP1035145 at Shoalhaven Heads. Lot 7010 is a large parcel of Crown Land which the Shoalhaven Heads Golf Club also has an interest in, given that part of the existing Shoalhaven Heads golf course is located on the lot. The remainder of the lot contains an area of existing bushland.

The following aerial photography and map show the subject land (Lot 7010) and its existing zoning.

Subject Land – Lot 7010 (orange outline)

Subject Land - Lot 7010 (orange outline) – Existing Zoning

Under the Shoalhaven Local Environmental Plan (LEP) 2014, the overall lot is zoned part R1 General Residential and part RE1 Public Recreation. The vegetated part of the subject land is also mapped on the LEP’s biodiversity overlay as it contains a known Endangered Ecological Community (EEC) – Bangalay Sand Forest.

The subject land has a complex zoning and conservation history. It was originally identified in the Shoalhaven LEP 1985 as a Residential 2(c) zone to provide for a future residential expansion opportunity. At different points after 1985, it was proposed for rezoning to an environment protection zone given its environmental characteristics, but this did not proceed.

Part of the subject land was subsequently development as part of the Shoalhaven Heads Golf Course (part now zoned RE1). Through the Shoalhaven LEP 2014 process, the decision was made to retain the undeveloped vegetated part of the subject land in a residential zone (part now zoned R1).

Subject Land – Recent History

The subject land (the R1 zoned part) has been the subject or recent deliberations regarding a possible retirement village and children’s centre.

The subject land was initially identified by the Shoalhaven Heads Retirement Village Working Group as their preferred location for the proposed use. Council made a range of resolutions regarding this site and the proposed use. Most recently on 23 May 2017, it was resolved that:

1. The advice from the Minister for Lands and Forestry to Gareth Ward MP (Attachment 1) in relation to the Crown land at Shoalhaven Heads be noted.

2. Shoalhaven Heads CCB be advised that Council does not intend to pursue this matter any further on the basis of such advice.

The report that relates to this resolution is provided as Attachment 1. The report concluded that the development of any facility on the subject land is not likely to eventuate based on advice received from the NSW Government.

The Shoalhaven Heads Community Forum are now investigating the possible use of Lot 96 DP1069334, which is a business zoned lot in the centre of the village that is owned by the Jerrinja Local Aboriginal Land Council, for the possible retirement village and children’s centre.

Council’s Development Committee also considered a Notice of Motion relating to the subject land on 14 February 2017 – see Attachment 2. The Notice of Motion was received for information.

The General Manager’s note on the Notice of Motion provides comment on the EEC’s that exist on the subject land. The Species Impact Statement (SIS) that was prepared over the land at the time of the golf course development application verified the subject land as the EEC Bangalay Sand Forest. However, the verified information held by Council does not identify this area as containing Littoral Rainforest. This is relevant given that the petition suggests that two EEC’s exist on the subject land.

Conclusion

Council needs to consider the petition and decide how it may wish to respond to it, noting that the petition itself calls on the NSW Government to take steps to rezone the subject land.

Should Council decide to pursue a PP to rezone the subject land this needs to be considered in the context of the recently adopted Strategic Planning Works Program and what priority to give to this project.

Community Engagement

Depending on the option that is taken in this regard community engagement will be required if Council decides to pursue a PP to rezone the land. It is also suggested that early consultation should be undertaken with the Shoalhaven Heads Community Forum given their interest in the subject land, depending on the option pursued.

Policy Implications

The land that is currently zoned R1 General Residential under the Shoalhaven LEP2014 provides a potential expansion opportunity for the village of Shoalhaven Heads. Given the nature of this village, this is perhaps the only potential urban expansion opportunity that currently exists. If the area is rezoned to a conservation zone, this opportunity will be removed. However, given the biodiversity profile of the area, its future development for urban uses would be difficult to pursue.

Financial Implications

Should Council resolve to pursue a PP over the subject land, then the staff cost of this will be managed within the existing Strategic Planning budget. However if any studies are required to support the PP then funding for these may need to be separately considered by Council.

Development Committee – Tuesday 12 September 2017

Page 38

DE17.65 Nowra-Bomaderry Retail Hierarchy Review - Consultants Report - Consideration

HPERM Ref: D17/279940

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Nowra Bomaderry Centres - Retail & Centres Planning Assessment - Report (under separate cover) ⇨

2. Executive Summary - Nowra Bomaderry Centres - Retail & Centres Planning Assessment ⇩

Purpose / Summary

To present the findings of the consultant’s report Nowra-Bomaderry Centres – Retail & Centres Planning Assessment (David Broyd Consulting Services & Urbacity, August 2017) for consideration and to determine the next steps in this review.

Recommendation (Item to be determined under delegated authority)

That Council

1. Release the Nowra-Bomaderry Centres – Retail & Centres Planning Assessment report prepared by David Broyd Consulting Services & Urbacity for community comment.

2. Consider a further report on this matter following the community consultation.

Options

1. Provide an opportunity for interested members of the community and others to review and comment on the consultant’s report, prior to Council determining how to proceed.

Implications: This is the preferred option, as it will enable Council to be fully aware of the broader community view on the findings and the report and its recommendations before determining how to proceed.

2. Accept the consultant’s report and proceed to implement its recommendations or the recommendations from it that are supported.

Implications: This options is not recommended as it does not provide the opportunity for community input prior to determining how to proceed, noting that some of the recommendations are likely to be difficult to implement or could be resisted.

3. Not proceed further with the requested retail planning review and retain the existing provisions that exist.

Implications: This option is also not recommended given that Council has now received a detailed consultant’s report that highlights a range of matters and issues that should be considered.

Background

Council considered a development application for a retail development (supermarket) on the Princes Highway at Bomaderry and resolved in April 2016 to

a) Approve Development Application 14/2579 subject to conditions for the following reasons:

i) The development is permissible in the zone and the economic impact is not of such a degree that would undermine the variability of the existing centres and as such would not warrant refusal.

ii) Improved convenience to the broader public and future residents out-weighs the potential negative impact on existing businesses/centres

iii) The benefits of providing a full-line supermarket addresses the unsatisfied and under-supply of supermarket floor space in the area and north of the Shoalhaven River.

b) Request the General Manager to prepare an additional report to Council with draft conditions of consent to the next Development Committee Meeting.

c) Undertake a review of the strategic planning framework as it applies to retail and business in the northern Shoalhaven, in particular in the context of the Nowra Bomaderry Structure Plan and the SLEP 2014 zoning provisions to be completed by December 2016.

d) As part of the retail and business review landowners be consulted.

Consistent with part (c) of the resolution, David Broyd Consulting Services & Urbacity were engaged by Council to undertake the requested review.

As part of the review initial consultation was undertaken with relevant landowners and interest groups consistent with part (d) or the resolution. Depending on the option Council resolves to follow, there will be further consultation opportunities for affected landowners and interest groups.

Unfortunately, due to a range of factors, the review could not be completed by the identified December 2016 deadline. The project consultants briefed Councillors on the findings of their review on 22 June 2017 and Council is now in receipt of their final review report.

The report entitled Nowra-Bomaderry Centres – Retail & Centres Planning Assessment (David Broyd Consulting Services & Urbacity, August 2017) is provided under separate cover as Attachment 1.

Overview - Retail & Centres Planning Assessment

The consultant’s report provides a detailed overview of the existing strategic context and statutory provisions related to retail development and associated centres. It also provides an analysis of other comparable centres (Maitland, Coffs Harbour, Port Macquarie and Shellharbour) and a review of the Nowra Central Business District (CBD) and other retail/commercial centres within Nowra-Bomaderry, both existing and proposed. The full report provides a wide range of conclusions/suggested strategic directions and recommendations. The consultants Executive Summary is provided as Attachment 2 to this report.

The following are some of the relevant conclusions and strategic directions contained in the consultant’s report:

· Strategic policies should be reaffirmed and statutory changes should be initiated to implement the Nowra-Bomaderry Structure Plan (NBSP) objective that the Nowra CBD / commercial core should be planned for, and protected as, the major regional retail and commercial centre.

· Short term expediency - particularly giving consent to retail developments outside of the CBD which undermine the latter’s viability - should not detract from the above long-term opportunities for very positive growth and “liveable town status” for Nowra Bomaderry and the economic, social and cultural role and capacity of existing and new centres to enhance this status.

· The crucial importance – as emphasised in the NBSP - of facilitating a Discount Department Store (DDS) in the Nowra CBD is reaffirmed.

· There are development opportunities that need to be promoted by strategic policies facilitated by the strategic framework and the organisational implementation thereof - notably a DDS and a state-of-the-art Multiplex cinema in the Nowra Town Centre. These developments would have major, positive spin-offs.

· Council should utilise some or all of its three key land holdings in Nowra CBD to facilitate crucial new development opportunities which will contribute to rejuvenation of the Nowra CBD – this should include the promotion and facilitation of a DDS (This, of course, needs to be facilitated within the appropriate legal and probity parameters by Council in utilising its three key land holdings in the Nowra CBD).

· Other development opportunities to explore include the development of a modern multiplex cinema – for which there is an adequate catchment population.

· The revitalisation of Bomaderry centre should be planned and promoted by Council and the local Bomaderry business and broader community.

· Planning for future urban release areas need to be reviewed - within an overall review of relevant sections of the NBSP. Priority areas should be assessed (if Council has the resources) for the scale (extent of zoned area), timing and locations (are they in the right place?) for Business zones to serve these urban release areas.

· The area of land zoned B4 in Bomaderry (south and north-west of the intersection of the Princes Highway and Moss Vale Road) is around 12.3 ha, excluding the ALDI site (approximately 3.9 ha) on which the development application for a supermarket was approved in November 2016. This area has the potential to greatly undermine the future economic sustainability of the Nowra CBD, particularly given that Commercial Premises (.i.e. including retail premises/shops) are permissible in the B4 zone. There is also a demonstrable benefit in providing more land for residential development in this location. The scale - individually and cumulatively of potential retail premises/shops within this zoned area could also mean very high pedestrian movement across the Princes Highway given the future Woolworths supermarket and bulky goods retailing on the eastern side of the Highway. These factors lead to the conclusion that there is a crucial need to rezone this 12.3 ha site to part R3 Medium Density residential and part B5 Business development.

· The implications of the program of development releases for the areas zoned Neighbourhood Business at Moss Vale North and Moss Vale South are significant in terms of:

o Location;

o The scale of the areas zoned and the potential area therefore of supply of retail and commercial land relative to projected demand and viability, now in the context of approved Woolworths and ALDI developments;

o With retail, personal and community services and professional services it is likely that the size of this centre will be less than 5,000 square metres GLA. This also means that irrespective of location of the future site for the centre, the currently zoned area is too large for the new role. The new centre would require around 1.2-1.5 ha. However, the area zoned appears to be between 6 and 7 hectares.

o Equity; in relation to the recent purchase of the land and consequent expectations of retail and commercial development given the Neighbourhood Business zoning (B1) in LEP 2014 and its derivation from the NBSP – and, therefore, this proposed Business zoning essentially being the policy of Council for approximately 10 years;

· The risk to the sustained viability of the Nowra CBD of retaining permissibility for the development of shops within the extensive land zoned B5 in Bomaderry and South Nowra is high and shops therefore should be prohibited in the B5 zone or other controlling mechanisms implemented.

· Strategic policy directions and statutory framework should encourage redevelopment opportunities for medium density residential in selected sectors between the Nowra CBD and the river.

· The University of Wollongong Nowra campus is a 15 minute bus ride from the Nowra CBD and 25 minutes from Bomaderry railway station and therefore there may be related student residential accommodation development and other opportunities around Bomaderry.

· To achieve rigour of strategic and statutory positions, there should be enhanced application/evaluation of:

o “Local Strategic Planning Statements” as proposed for inclusion in the draft Planning Bill with increased status

o Primacy clauses and objectives – similar to in the Coffs Harbour, Wagga Wagga, Wollongong (Part 8 of Wollongong LEP 2011) and the City of Sydney (LEP 2012) - i.e. - LEP’s are valid and pivotal for managing a hierarchy of centres in an LGA;

o The judgement of the Land and Environment Court (10430 of 1994): Almona Pty Ltd v Newcastle City Council wherein the LEP 1987 objective “to maintain and reinforce the Newcastle CBD as the Hunter region’s major commercial, administrative, cultural and entertainment centre” - together with the relevant provisions of the Newcastle Strategy 1997 and the Hunter Regional Environmental Plan 1987 were held to carry such weight as to sustain the dismissal of an appeal regarding a refusal of development for a major bulky goods and retail shopping centre at Kotara.

The report makes nineteen (19) detailed recommendations for consideration related to:

o Proposed vision for the future of Nowra CBD

o The need for a Centres Policy to be developed as a high priority

o Reviewing sections of the NBSP to be a “Local Strategic Planning Statement”

o Zoning of existing centres and business zoned land in a range of locations in Nowra-Bomaderry

o Including a Local Provision in the LEP to give ‘primacy’ to the Nowra commercial core

o Revising the LEP objectives and land use tables for various business zones

o Amending the Shoalhaven DCP 2014 to include additional provisions related to Nowra CBD (note: some of which has already recently occurred)

o Pursuing the development potential of key Council held development sites in the CBD for a DDS, university presence and cinema complex

o Reviewing the commercial zones in and adjacent to the Moss Vale Road Urban Release Areas

o Revitalisation of the Bomaderry centre

The detailed recommendations are provided at the end of Attachment 2.

Next Steps

The consultant’s report is detailed and contains wide-ranging conclusions/strategic directions and recommendations. It is likely to be welcomed by some, but will be of concern for others. As such before Council determines a direction in this regard, it is recommended that the consultant’s report be released for review and comment so that affected landowner’s, community groups, business groups and others can make comment in it. This will ensure that Council is aware of the range of views that are likely to exits on its findings before making a decision on how to respond to the findings of the consultant’s report.

Community Engagement

Given the significance of the consultant’s report, it is intended to release it for community comment for a minimum period of six (6) weeks. The availability of the report will publicised widely and via direct mail out to:

o Relevant Community Consultative Bodies (CCB’s).

o Interest groups (including Shoalhaven Business Chamber, Nowra CBD Business Chamber and Councils Nowra CBD Revitalisation Strategy Committee).

o Owners of affected land.

o Business owners and others who participated in the early consultation sessions with the project consultants.

The report will also be referred to the NSW Department of Planning & Environment for comment given that it recommends changes that will require their feedback.

Policy Implications

Depending on the direction that Council takes in this regard there are likely to be a wide range of policy implications.

Financial Implications

This project is currently being managed within the existing Strategic Planning budget.