Minutes of the Development & Environment Committee
Meeting Date: Tuesday, 5 May 2020
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Time: 5.00pm
The following members were present:
Clr Joanna Gash - Chairperson
Clr Amanda Findley (remotely)
Clr John Wells
Clr Patricia White
Clr Kaye Gartner (remotely)
Clr Nina Digiglio (remotely)
Clr John Levett (remotely)
Clr Annette Alldrick (remotely)
Clr Andrew Guile (remotely)
Clr Mitchell Pakes
Clr Greg Watson
Clr Mark Kitchener (remotely)
Clr Bob Proudfoot
Mr Stephen Dunshea - Chief Executive Officer (remotely)
Nil
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RESOLVED (Clr White / Clr Levett) MIN20.300 That the Minutes of the Development & Environment Committee held on Tuesday 07 April 2020 be confirmed.
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Nil
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RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.301 That all items in the business paper be considered in the order they appear in the agenda.
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DE20.36 - Gould Ave / Kinghorne St / Kinghorne St Nowra - 91 Apartments
Lee Carmichael submitted a VIDEO deputation FOR the recommendation
DE20.37 DA19/1841 44 Duncan Street Huskisson
Gary Kelson submitted a WRITTEN deputation AGAINST the recommendation.
Michael Newham submitted a WRITTEN deputation FOR the recommendation.
Sue Smith submitted a WRITTEN deputation AGAINST the recommendation.
Tony Lim submitted a WRITTEN deputation AGAINST the recommendation.
Leslie Lockwood submitted a WRITTEN deputation AGAINST the recommendation.
DE20.42 Proposed Heritage Bushfire Planning Proposal - Shoalhaven Local Environmental Plan
Max Atkins submitted a WRITTEN deputation FOR the recommendation.
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DE20.36 DA19/1846 - 204, 206 & 208 Kinghorne Street - Lot 1 DP 130928, Lot A DP 370205 & Lot 5 DP 542693 and 19 & 21 Gould Avenue - Lot A DP 392035 & Lot B DP 370205 |
HPERM Ref: D20/23645 |
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Recommendation (Item to be determined under delegated authority) That Development Application DA19/1846 for the ‘Construction of a residential apartment complex consisting of 91 apartments’ be determined by way of refusal for the reasons set out in the Section 4.15 Assessment Report (Attachment 1) and in the Notice of Determination (Attachment 2) to this report.
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Motion (Clr Findley / Clr Levett) That Development Application DA19/1846 for the ‘Construction of a residential apartment complex consisting of 91 apartments’ be determined by way of refusal for the reasons set out in the Section 4.15 Assessment Report (Attachment 1) and in the Notice of Determination (Attachment 2) to this report. For: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Stephen Dunshea Against: Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot motion lost
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foreshadowed motion (RESOLVEd) (Clr Guile / Clr Proudfoot) MIN20.302 That the Development Application DA19/1846 for the ‘Construction of a residential apartment complex consisting of 91 apartments’ be granted development consent in accordance with the notice of determination as provided in Attachment 3. Reasons for granting consent to the development application are as follows: 1. The proposed Development is consistent with the relevant planning framework applying to the site, the locality and to the type of development proposed. 2. Clause 4.6 exemptions to the height of building standard addressed the relevant considerations and the Council is satisfied that the objectives of the zone and standard are satisfied and that strict compliance in the particular circumstances is unreasonable and unnecessary. The applicant has demonstrated this in the submitted Clause 4.6 variation report. 3. Development will contribute to a broader range of housing choice and increase the supply of housing in Nowra. 4. Proposal will have no unacceptable impacts on either the built or natural environment. For: Clr Gash, Clr Wells, Clr White, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Clr Findley, Clr Gartner, Clr Digiglio and Clr Levett
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DE20.37 DA19/1841 - 44 Duncan St Huskisson - Lot 6 Sec 9 DP 758530 |
HPERM Ref: D20/103812 |
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Recommendation (Item to be determined under delegated authority) That Development Application DA19/1814 for the demolition of existing structures, construction of a residential flat building consisting of 17 residential units with basement vehicle parking at 44 Duncan Street, Huskisson - Lot 6 Sec 9 DP 758530 be approved subject to the recommended conditions of consent contained in Attachment 2 of this report.
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Clr Levett raised a Point of Order under section 15(11)d of the Code of Conduct against Clr Guile for making personal reflections with respect to ‘The Greens’ The Chairperson ruled against the Point of Order. |
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RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.303 That Development Application DA19/1814 for the demolition of existing structures, construction of a residential flat building consisting of 17 residential units with basement vehicle parking at 44 Duncan Street, Huskisson - Lot 6 Sec 9 DP 758530 be approved subject to the recommended conditions of consent contained in Attachment 2 of this report. For: Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Guile, Clr Pakes, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Clr Findley, Clr Digiglio, Clr Alldrick, Clr Levett and Clr Watson
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DE20.38 DS19/1522 Modification of Consent – 123 & 132 Forster Drive Bawley Point – Lot 21 DP 1217069 & Lot 33 DP1259627 |
HPERM Ref: D20/131137 |
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Recommendation (Item to be determined under delegated authority) That the application to modify the development application for the hosting of events at Willinga Park on the land at 123 & 132 Forster Drive Bawley Point - Lot 3 DP 527264 & Lot 21 DP1217069 be approved subject to the recommended conditions of consent contained in Attachment 1 of this report.
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RESOLVED (Clr Watson / Clr Wells) MIN20.304 That the item be deferred to the next meeting to allow staff to liaise further with the applicant. For: Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Clr Findley, Clr Alldrick and Clr Levett
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DE20.39 Outcomes - Shoalhaven Local Heritage Assistance Fund 2019-2020 |
HPERM Ref: D20/42601 |
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Recommendation (Item to be determined under delegated authority) That Council: 1. Receive the annual Summary Project Report (Attachment 1), detailing the outcomes of the Local Heritage Assistance Fund Program 2019-2020, for information. 2. Endorse the proposed reporting arrangement for subsequent financial years, namely one main program report per annum to: a. Detail the NSW Heritage Grants funding offers received for the relevant financial years from the NSW Government and obtain endorsement to accept the offers. b. Commence the Shoalhaven Local Heritage Assistance Fund for the coming year and reallocate any declined offers amongst the remaining successful and eligible applicants, if required. c. Undertake amendments to the Shoalhaven Heritage Strategy to meet NSW Grant requirements, as required. 3. Extend the review date in the Shoalhaven Heritage Strategy 2019-2022 to 30 June 2021. 4. Endorse a bush fire relief theme for the 2020-2021 Local Heritage Assistance Fund Program to assist in the restoration of bush fire affected heritage items and write to affected landowners advising of the grant application process, with any remaining funds to be allocated as per the existing process.
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RESOLVED (Clr Wells / Clr White) MIN20.305 That Council: 1. Receive the annual Summary Project Report (Attachment 1), detailing the outcomes of the Local Heritage Assistance Fund Program 2019-2020, for information. 2. Endorse the proposed reporting arrangement for subsequent financial years, namely one main program report per annum to:
a. Detail the NSW Heritage Grants funding offers received for the relevant financial years from the NSW Government and obtain endorsement to accept the offers. b. Commence the Shoalhaven Local Heritage Assistance Fund for the coming year and reallocate any declined offers amongst the remaining successful and eligible applicants, if required. c. Undertake amendments to the Shoalhaven Heritage Strategy to meet NSW Grant requirements, as required. 3. Extend the review date in the Shoalhaven Heritage Strategy 2019-2022 to 30 June 2021. 4. Endorse a bush fire relief theme for the 2020-2021 Local Heritage Assistance Fund Program to assist in the restoration of bush fire affected heritage items and write to affected landowners advising of the grant application process, with any remaining funds to be allocated as per the existing process. For: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil
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DE20.40 Proposed Policy Review - Nowra CBD Contributions Discount Subsidy |
HPERM Ref: D20/104502 |
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Recommendation (Item to be determined under delegated authority) That Council: 1. Commence a review of the Nowra CBD Contributions Discount Subsidy Policy and the preparation of a draft revised Subsidy Policy, as appropriate. 2. Receive a further report on the review and draft revised Subsidy Policy. 3. Consult with the Nowra CBD Revitalisation Committee, Nowra CBD Business Chamber, Shoalhaven Business Chamber and Development Industry representatives during the review process. 4. Consider a separate report on the status of Contributions Plan project 01CARP30010 – Nowra Car Parking and a possible review of it.
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RESOLVED (Clr Findley / Clr Digiglio) MIN20.306 That Council: 1. Commence a review of the Nowra CBD Contributions Discount Subsidy Policy and the preparation of a draft revised Subsidy Policy, as appropriate. 2. Receive a further report on the review and draft revised Subsidy Policy. 3. Consult with the Nowra CBD Revitalisation Committee, Nowra CBD Business Chamber, Shoalhaven Business Chamber and Development Industry representatives during the review process. 4. Consider a separate report on the status of Contributions Plan project 01CARP30010 – Nowra Car Parking and a possible review of it. For: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Nil
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DE20.41 Exhibition Outcomes and Proposed Finalisation - Planning Proposal - Ulladulla CBD (Southern part) Building Height and Zoning Amendment |
HPERM Ref: D20/128043 |
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Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt and finalise the Planning Proposal (PP030): Ulladulla CBD (Southern part) Building Height and Zoning Amendment as exhibited. 2. Forward PP030 to NSW Parliamentary Counsel’s Office to draft the required amendment to Shoalhaven Local Environmental Plan 2014. 3. Make the resulting amendment to the Shoalhaven Local Environmental Plan 2014 using Council’s delegation. 4. Advise key stakeholders, including owners of the subject land, adjoining land owners, the Ulladulla and Districts Community Forum, relevant industry representatives and those who made a submission, of this decision, and when the LEP amendment will be made effective. 5. Commence the preparation of a draft amendment to Chapter S8: Ulladulla Town Centre of Shoalhaven DCP 2014 to reflect the building height and zoning changes and address resulting matters such as general context, built form and character, views and vistas, setbacks and height references in the subject area, with the amendment to be reported to Council prior to placing it on public exhibition.
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RESOLVED (Clr Findley / Clr White) MIN20.307 That Council: 1. Adopt and finalise the Planning Proposal (PP030): Ulladulla CBD (Southern part) Building Height and Zoning Amendment as exhibited. 2. Forward PP030 to NSW Parliamentary Counsel’s Office to draft the required amendment to Shoalhaven Local Environmental Plan 2014. 3. Make the resulting amendment to the Shoalhaven Local Environmental Plan 2014 using Council’s delegation. 4. Advise key stakeholders, including owners of the subject land, adjoining land owners, the Ulladulla and Districts Community Forum, relevant industry representatives and those who made a submission, of this decision, and when the LEP amendment will be made effective. 5. Commence the preparation of a draft amendment to Chapter S8: Ulladulla Town Centre of Shoalhaven DCP 2014 to reflect the building height and zoning changes and address resulting matters such as general context, built form and character, views and vistas, setbacks and height references in the subject area, with the amendment to be reported to Council prior to placing it on public exhibition. For: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Nil
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DE20.42 Proposed Heritage Bushfire Planning Proposal - Shoalhaven Local Environmental Plan 2014 (PP053) |
HPERM Ref: D20/130549 |
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Recommendation (Item to be determined under delegated authority) That Council: 1. Submit the Heritage Bushfire Amendment Planning Proposal (PP053) provided as Attachment 1 to the report to the NSW Department of Planning, Industry and Environment for an initial Gateway determination. 2. Include the removal or adjustment of any other additional bushfire affected heritage items in PP053, if appropriate or relevant, that may be identified or confirmed prior to it being submitted to Gateway. 3. If the Gateway Determination requires formal public exhibition, proceed to public exhibition in accordance with the terms of the determination and legislative requirements and receive a further report on PP053 following the conclusion of the public exhibition period. 4. If the Gateway Determination does not require formal public exhibition or any other requirements, proceed to finalisation on the Planning Proposal and subsequent Amendment to the LEP without receiving any further reports. 5. Advise the landowner of this resolution, of the exhibition arrangements (if exhibition is required) and when the Plan is finalised.
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RESOLVED (Clr Wells / Clr White) MIN20.308 That Council: 1. Submit the Heritage Bushfire Amendment Planning Proposal (PP053) provided as Attachment 1 to the report to the NSW Department of Planning, Industry and Environment for an initial Gateway determination. 2. Include the removal or adjustment of any other additional bushfire affected heritage items in PP053, if appropriate or relevant, that may be identified or confirmed prior to it being submitted to Gateway. 3. If the Gateway Determination requires formal public exhibition, proceed to public exhibition in accordance with the terms of the determination and legislative requirements and receive a further report on PP053 following the conclusion of the public exhibition period. 4. If the Gateway Determination does not require formal public exhibition or any other requirements, proceed to finalisation on the Planning Proposal and subsequent Amendment to the LEP without receiving any further reports. 5. Advise the landowner of this resolution, of the exhibition arrangements (if exhibition is required) and when the Plan is finalised. For: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Nil
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HPERM Ref: D20/118840 |
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Recommendation (Item to be determined under delegated authority) That the Quarterly Review for Compliance Matters report be received for information.
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RESOLVED (Clr Wells / Clr White) MIN20.309 That the Quarterly Review for Compliance Matters report be received for information. For: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Nil
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Procedural Motion - Matters of Urgency |
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PROCEDURAL motion (rESOLVEd) (Clr Findley / Clr Digiglio) MIN20.310 That an additional item regarding Manyana Estate Moratorium on Land Clearing be introduced as a matter of urgency.
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The Chairperson ruled the matter as urgent due to the public interest and the urgency of the commencement of works.
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DE20.44 Additional Item - Manyana Estate Moratorium on Land Clearing |
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RESOLVED (Clr Findley / Clr Digiglio) MIN20.311 That Council prepare a report to an Extraordinary Meeting to be held on 12 May 2020 in relation to: 1. A moratorium on land clearing with respect to Manyana Estate – Sunset Strip Manyana. 2. The Manyana community representations to the State Government calling for a moratorium 3. Making urgent representations to the Planning Minister Rob Stokes in respect to the moratorium and to discuss the purchase of the block for consideration to add to the Lake Conjola National Park . 4. Discussing with the Minister any options that could exist in respect to planning led solutions. For: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Clr Guile
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Procedural Motion - Matters of Urgency |
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procedural motion (rESOLVEd) (Clr White / Clr Guile) MIN20.312 That an additional item regarding DA20/1222 - 466 Kangaroo Valley Road, Berry be introduced as a matter of urgency.
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The Chairperson ruled the matter as urgent due to the Public interest and the safety on Kangaroo Valley Road.
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DE20.45 Additional Item - DA20/1222 - 466 Kangaroo Valley Road, Berry |
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RESOLVED (Clr White / Clr Guile) MIN20.313 That DA20/1222 – 466 Kangaroo Valley Road, Berry be called in to Council for determination as a matter of public interest and safety. For: Clr Gash, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Nil
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There being no further business, the meeting concluded, the time being 6:46 pm.
Clr Gash
CHAIRPERSON