Minutes of the Development & Environment Committee

 

 

Meeting Date:     Tuesday, 1 December 2020

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

Time:                   5.00pm

 

 

The following members were present:

 

Clr Mitchell Pakes - Chairperson

Clr Amanda Findley – arrived at 5.04pm

Clr Joanna Gash

Clr John Wells

Clr Patricia White

Clr Kaye Gartner – (Remotely)

Clr Nina Digiglio

Clr Annette Alldrick

Clr John Levett – (Remotely)

Clr Andrew Guile – (Remotely)

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Stephen Dunshea - Chief Executive Officer

 

 

 

 

Apologies / Leave of Absence

Nil

 

 

Confirmation of the Minutes

RESOLVED (Clr White / Clr Wells)                                                                                      MIN20.884

That the Minutes of the Development & Environment Committee held on Tuesday 03 November 2020 be confirmed.

CARRIED

 

 

 

Declarations of Interest

Nil

 

 

 

Mayoral Minutes

Nil

 

 

Deputations and Presentations

 

DE20.131 - DA20/1494 – 25 Sunnymede Lane, Berry – Lot 3 DP 713138

Graham Stokes – AGAINST

 

DE20.132 - DA20/1579 – 42 Naval Parade Erowal Bay

Chris Grounds – FOR

 

DE20.133 - DA20/1751 – 42 Lyrebird Drive NOWRA – Lot 72 & DP 1198691

Anthony Barthelmess – FOR

 

DE20.135 - SF10804 – 104 Taylors Lane, Cambewarra – Lot 3 DP 851823

James Robinson – AGAINST

 

DE20.139 - Review of Tabourie Lake Entrance Management Policy

Matt Philpott – FOR

 

 

Notices of Motion / Questions on Notice

 

DE20.127   Question on Notice - Subdivision - Edendale Street, Woollamia

HPERM Ref: D20/517130

These questions are in relation to an approved development proposal/subdivision on the north side of Edendale St, Woollamia. The matter was drawn to my attention by a group of concerned residents.

The subject block was originally known as Lot 71 DP 9289 and in June 1994 the applicants instructed Alan Price & Associates to apply for a subdivision of Lot 70 and Lot 71 DP9289 on the corner of Woollamia Road and Edendale Street, Woollamia.

On 19 April, 1995 application SF7945 was approved for three Lots in Woollamia Road.

Question

1.   In January 1995 when the application was lodged how many nearby property owners were notified or are likely to have been notified and does Council have evidence of this notification?

On 25 January 1996 a 13 Lot subdivision SF7946 was approved in Edendale St.

 

2.   This DA should have expired on 25 January, 2001…why is it still active?…in what way was a substantial start made ?

 

3.   What planning law permits a DA approval to be acted upon 24 years after the original assessment and does that law permit reassessment by Council to bring the consent conditions up to contemporary standards ?

In August 1997 Council apparently approved a “borrow pit” to excavate 6,500 cubic metres of soil to use on SF7945 to build 2 metre high mounds so that future structures might be out of flood reach. The clearing of bush and the excavation of the “borrow pit” began in May 2000.  Local residents estimate that more than 100 trips were made per day for almost three weeks by 10 tonne dump trucks travelling to and from along Edendale St and Woollamia Rd, creating a dangerous situation for residents.  Residents questioned the validity of the development as they were not aware of any substantial start occurring and they conveyed their concerns to Shoalhaven City Council, Department of Land & Water Conservation, NPWS and the Departments of Planning and Health.

 

4.   Was the work on the “borrow pit” approved under SF7945 on 19 April 1995 and what community consultation took place in relation to the approval and the truck movements that would be involved ?

If, as residents claim, work on the “Pit” began in May 2000 wouldn’t such work be illegal due to the expiration of SF 7945 a month before ?

 

5.   Were permits required from the Dept. of Land & Water Conservation before these earthworks could take place and if so why were they not applied for ?

The attached letter from the DL&WC and signed by Noel Kesby, Manager Resource Assessment & Planning, states that; “The Department has no record of any previous referral from Council in relation to seeking DL&WC comment on natural resource management issues for the subject lands at the subdivision application stage…and how Council addressed relevant State policies on natural resource management”

The DL&WC letter went on to say that Council would be aware that the proposed development; “is likely to be impacted on and impact flood behaviour…and should be considered in accordance with the NSW Government’s Flood Prone Land Policy…to reduce the impact of flooding and flood liability on individual owners and occupiers, and to reduce the private and public losses resulting from flooding”

 

6.   What flood plain management plans existed when this development was approved and what plan now exists to mitigate against the potential impacts of flooding in the area as a result of the development proceeding ?  Is there such a thing as a Currambene Creek Floodplain Management Plan (the creation of which was suggested by DL&WC back in 2000 before Council made any further development decisions in the area) and if so does it address the issue of flood free access and evacuation requirements, including hazards on access routes in the event of a major flood?

 

7.   Is Council satisfied that it is protected under Section 733 of the Local Government Act 1993 in the event that litigation arises as a result of flooding at this site ?

 

8.   When this development was approved, did Council give appropriate consideration to relevant State Natural Resource Policies, can Council give evidence of doing so, and  what conditions of consent were applied as a result of these considerations ?

The issues that should have been addressed are detailed in the October 2000 DL&WC letter under the broad headings of; management of water quality, vegetation  management, the existence of acid sulphate soils, and effluent disposal.

 

9.   The riparian land on the site is defined in Council documentation as “drainage reserve”.  Is Council satisfied that this description is accurate and in the words of DL&WC, “appropriately reflects the total function as a riparian corridor and its connection to a State significant wetland system.”   What riparian protection or enhancement, including buffer zones, has Council built into approvals at this site by way of consent conditions ?

DL&WC offered the view at the time of approval that the so called drainage reserve; “would in fact contain inherent conservation values and provide a significant environmental function that would warrant consideration of its definition (and zoning) that affords greater protection”

The Statement of Environmental Effects that accompanied the application offered the opinion that; “no protected or endangered fauna would visit the area”.  On 15th June, 2000 after the excavation of the “borrow pit” began and in response to representations from the public, two officers of the NSW National Parks & Wildlife Service inspected the Edendale site and in a letter to Development Manager, Tim Fletcher on 13th July, 2000, Michael Hood (Manager, Conservation Planning, NPWS south) described the property differently, as “a mature coastal forest” and added that; “such a community provides habitat for a number of fauna species which at the time were listed on the Endangered Fauna (Interim Protection) Act.”

 

10. Did Council at any stage consider having the original Statement of Environmental Effects peer reviewed?

Of additional concern to Michael Hood was that there was no evidence of consideration of Aboriginal Heritage as part of the development application, notwithstanding the fact that the location of the site, adjacent to Currambene Creek should have triggered an archaeological assessment.

 

11. Has an archaeological assessment of the site been requested by Council and has any consultation with the Jerrinja Local Aboriginal Land Council taken place ?

The NPWS letter also drew attention to the impact of the “pit” excavation and the building of pads to elevate future dwellings, citing concerns about destruction of habitat and the impact on possible aboriginal sites.

 

12. Will Council allow more mining for fill at the “borrow pit” and permit further house construction on “pads” given the warnings from NPWS about the environmental sensitivity of the site.

 

13. Since the sale of the site some 12 months ago, has Council received an application to modify the DA in any way or a request for a “Certificate of Construction” to clear bushland on the site ?

 

Response

A report responding to the Questions on Notice will be presented to a future Development & Environment Committee meeting.

 

 

 

Reports

 

DE20.128   Nebraska & Jerberra Estates - Options for Future Management of E2 Environmental Conservation Land

HPERM Ref: D20/434779

Note: Clr Findley arrived at 5.04pm

Recommendation (Item to be determined under delegated authority)

That the Development & Environment Committee:

1.    Receive the update on the Nebraska Estate Planning Proposal (LP145.1) for information.

2.    Agree “in principle” to the development of a new policy for the voluntary acquisition of “residual” E2 Environmental Conservation land in the Nebraska & Jerberra Estates, to be funded by any profits from the sale of developable Council land in each Estate.

3.    Agree to the preparation of a draft policy for Council’s consideration based on the following:

a.    the cost-neutral voluntary acquisition of undevelopable E2 land in each Estate, to the extent possible, funded by the net profit from the sale of Council-owned land with development potential;

b.    if offers to sell E2 land are received before any developable Council-owned land has been sold, general funds be used to purchase E2 properties in each Estate limited to the anticipated net profits from the future sale of the Council-owned land;

c.    land in Nebraska Estate is not purchased until the Planning Proposal has been finalised and the land zoning has been resolved;

d.    the policy be limited to the acquisition of E2 properties that are not able to form part of a development parcel;

e.    the cost of removing any unauthorised structures from the land be deducted from the acquisition price;

f.     any land acquired by Council under the new policy be managed for conservation purposes consistent with clause 34A of the NSW Biodiversity Conservation (Savings and Transitional) Regulation using any available surplus funds and/or external funding programs and subject to resourcing;

g.    receiving further advice from the NSW Government on the likelihood of receiving clause 34A certification for Nebraska on the basis of parts 2 and 3 above; and

h.    consultation with the landowners in each Estate, in particular to gauge the interest of the E2 land in Jerberra Estate and proposed E2 land in Nebraska Estate.

4.    Agree an independent valuation advice be obtained in order for management to provide detailed estimates of the following for consideration before a draft policy is presented to Council:

a.    the potential net profit from the sale of Council land in each Estate;

b.    total unimproved land value of the undevelopable E2 land (existing and proposed); and

c.    the annual cost of maintaining land to the Council.

 

RESOLVED (Clr Proudfoot / Clr Gash)                                                                                MIN20.885

That the Development & Environment Committee:

1.    Receive the update on the Nebraska Estate Planning Proposal (LP145.1) for information.

2.    Agree “in principle” to the development of a new policy for the voluntary acquisition of “residual” E2 Environmental Conservation land in the Nebraska & Jerberra Estates, to be funded by any profits from the sale of developable Council land in each Estate.

3.    Agree to the preparation of a draft policy for Council’s consideration based on the following:

a.    the cost-neutral voluntary acquisition of undevelopable E2 land in each Estate, to the extent possible, funded by the net profit from the sale of Council-owned land with development potential;

b.    if offers to sell E2 land are received before any developable Council-owned land has been sold, general funds be used to purchase E2 properties in each Estate limited to the anticipated net profits from the future sale of the Council-owned land;

c.    land in Nebraska Estate is not purchased until the Planning Proposal has been finalised and the land zoning has been resolved;

d.    the policy be limited to the acquisition of E2 properties that are not able to form part of a development parcel;

e.    the cost of removing any unauthorised structures from the land be deducted from the acquisition price;

f.     any land acquired by Council under the new policy be managed for conservation purposes consistent with clause 34A of the NSW Biodiversity Conservation (Savings and Transitional) Regulation using any available surplus funds and/or external funding programs and subject to resourcing;

g.    receiving further advice from the NSW Government on the likelihood of receiving clause 34A certification for Nebraska on the basis of parts 2 and 3 above; and

h.    consultation with the landowners in each Estate, in particular to gauge the interest of the E2 land in Jerberra Estate and proposed E2 land in Nebraska Estate.

4.    Agree an independent valuation advice be obtained in order for management to provide detailed estimates of the following for consideration before a draft policy is presented to Council:

a.    the potential net profit from the sale of Council land in each Estate;

b.    total unimproved land value of the undevelopable E2 land (existing and proposed); and

c.    the annual cost of maintaining land to the Council.

CARRIED

 

 

DE20.129   Exhibition Outcomes and Proposed Finalisation - Planning Proposal and Draft DCP Amendment - Urban Release Areas Small Lots Clause

HPERM Ref: D20/472861

Recommendation (Item to be determined under delegated authority)

That Council

1.    Adopt and finalise Planning Proposal (PP055) as exhibited.

2.    Forward PP055 to the NSW Parliamentary Counsel’s Office to draft the amendment to Shoalhaven LEP 2014.

3.    Make the resulting amendment to Shoalhaven LEP 2014 using Council’s delegation.

4.    Adopt and finalise the amendment to Shoalhaven DCP 2014 Chapter NB3: Moss Vale Road South Urban Release Area as exhibited and give the required public notice advising of its commencement date.

5.    Advise all affected and adjoining landowners, the Cambewarra Residents and Ratepayers Association and development industry representatives of this decision, and when the LEP and DCP amendments will be made effective.

 

RESOLVED (Clr Findley / Clr White)                                                                                   MIN20.886

That Council:

1.      Adopt and finalise Planning Proposal (PP055) as exhibited.

2.      Forward PP055 to the NSW Parliamentary Counsel’s Office to draft the amendment to Shoalhaven LEP 2014.

3.      Make the resulting amendment to Shoalhaven LEP 2014 using Council’s delegation.

4.      Adopt and finalise the amendment to Shoalhaven DCP 2014 Chapter NB3: Moss Vale Road South Urban Release Area as exhibited and give the required public notice advising of its commencement date.

5.      Advise all affected and adjoining landowners, the Cambewarra Residents and Ratepayers Association and development industry representatives of this decision, and when the LEP and DCP amendments will be made effective.

CARRIED

 

 

 

 

 

 

 

 

DE20.130   'Legacy' Planning Proposals - Timing and Progression - NSW Government Direction

HPERM Ref: D20/488125

Recommendation (Item to be determined under delegated authority)

That Council

1.    Receive the updates on each of the ‘legacy’ Planning Proposals (PP’s) for information.

2.    In respect of each PP covered in the report, take the following steps:

a.    Warrah Road, Bangalee (PP005): continue toward finalising this PP under a new Gateway determination.

b.    Halloran Trust Land, Culburra (PP006): withdraw the current PP and seek a new Gateway determination, subject to further discussions with the proponent and the NSW Department of Planning, Industry & Environment (DPIE) in an attempt to resolve a development footprint.

c.    Nebraska Estate, St Georges Basin (LP145.1): withdraw the current PP and seek a new Gateway determination while continuing efforts to secure certification for the new planning controls under Clause 34A of the NSW Biodiversity Conservation (Savings and Transitional) Regulation 2017.

d.    Badgee Lagoon Deferred Areas, Sussex Inlet (LP407): withdraw the current PP on the basis that it will be added to and covered by a new PP and accompanying Biodiversity Certification Assessment Report (BCAR) that is being prepared by the proponent.

e.    Inyadda Drive, Manyana (PP007): withdraw the current PP and seek a new Gateway determination once the outcome of the proponent’s upcoming referral under the Commonwealth’s Environment Protection and Biodiversity Conservation Act (EPBC Act) is known.

3.    Prepare a future report on revising/updating Council’s Planning Proposal Guidelines once DPIE has updated it is relevant guidelines and the revised Planning Proposal process is clearer.

 

RESOLVED (Clr White / Clr Gash)                                                                                      MIN20.887

That Council:

1.      Receive the report for information.

2.      Defer this item to:

a.      Request an extension of time from Dept of Planning Industry and Environment to seek further advice, including but not limited to the existing expert reports that have been prepared for the applications.

b.      Request an urgent meeting with the Hon Shelly Hancock MP Member for South Coast and The Hon. Robert Stokes MP to discuss the NSW Government Direction on these Planning Proposals.

CARRIED

 

 

 

 

 

 

 

 

 

 

DE20.131   DA20/1494 – 25 Sunnymede Lane, Berry – Lot 3 DP 713138

HPERM Ref: D20/259112

Recommendation (Item to be determined under delegated authority)

That Council determine Development Application DA20/1495 by way of approval subject to the conditions at attachment 10.

 

RESOLVED (Clr Alldrick / Clr Guile)                                                                                    MIN20.888

That in relation to DA20/1494 – 25 Sunnymede Lane, Berry – Lot 3 DP 713138:

1.      Council defer the item and refer back to staff to consider:

a.      If under 7.13 of the Shoalhaven Local Environment Plan the Council can legally require a further Development Application should a change to short term holiday letting be required by the owners;

b.      The submissions by surrounding residents;

2.      A report be provided on the above to the next Development & Environment Meeting.

For:             Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Alldrick, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against:    Clr Findley, Clr Gartner, Clr Digiglio and Clr Levett

CARRIED

 

 

DE20.132   DA20/1579 – 42 Naval Parade, Erowal Bay – Lot 45 DP 1052512

HPERM Ref: D20/478805

Recommendation (Item to be determined under delegated authority)

That Development Application DA20/1579 to demolish existing structures and construct shop top housing at Lot 45 DP 1052512, 42 Naval Parade, Erowal Bay not be supported by Council having regard to the reasons contained in Attachment 3 of this report.

 

RESOLVED (Clr Findley / Clr Wells)                                                                                    MIN20.889

That Development Application DA20/1579 to demolish existing structures and construct shop top housing at Lot 45 DP 1052512, 42 Naval Parade, Erowal Bay not be supported by Council having regard to the reasons contained in Attachment 3 of this report.

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

Against:        Clr Gash

CARRIED

 

 

DE20.133   DA20/1751– 42 Lyrebird Drive NOWRA – Lot 72 & DP 1198691

HPERM Ref: D20/478771

Recommendation (Item to be determined under delegated authority)

That Development Application No. DA20/1751 for the construction of dual occupancy (attached) be determined by way of refusal for the reasons set out in the draft Notice of Determination at Attachment 1.

 

 

Motion (Clr White / Clr Gash)

That in relation to DA20/1751– 42 Lyrebird Drive NOWRA – Lot 72 & DP 1198691:

1.      Council approve the Development Application; and

2.      Conditions of Consent be modelled on Attachment 5 and amended to reflect this development including the need for a Flood emergency plan.

 

Clr Proudfoot raised a Point of Order against Clr Digiglio regarding her comment about Councillors not making moral decisions. The Chairperson ruled as a Point of Order. Clr Digiglio was asked to withdraw her comments. Clr Digiglio withdrew her comments.

 

RESOLVED (Clr White / Clr Gash)                                                                                      MIN20.890

That in relation to DA20/1751– 42 Lyrebird Drive NOWRA – Lot 72 & DP 1198691:

1.      Council approve the Development Application; and

2.      Conditions of Consent for the development  be modelled on Attachment 5 to the report and amended to reflect this development, including the need for a Flood emergency plan.

For:             Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Watson and Clr Kitchener

Against:    Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Proudfoot and Stephen Dunshea

CARRIED on the CASTING VOTE of the Chair.

 

 

DE20.134   SF10686 – Red Gum Dr Ulladulla – Lot 600 DP 1249606 & Lot 2 DP 1076005

HPERM Ref: D20/480834

Recommendation (Item to be determined under delegated authority)

That Development Application SF10686 for a residential subdivision to create eight (8) Torrens Title allotments, including seven (7) residential allotments, one (1) public reserve lot, and associated site works within the subdivision approved by SF9275 at Lot 600 DP 1249606 and Lot 2 DP 1076005, Red Gum Drive, Ulladulla, be refused for the reasons contained in Attachment 1 of this report.

 

RESOLVED (Clr White / Clr Proudfoot)                                                                               MIN20.891

That Council defer this recommendation until such time as the issues with Transport NSW are sorted out and resolved, with a  time limit of 12 months to be applied for that resolution.

For:             Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Kitchener and Clr Proudfoot

Against:    Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Stephen Dunshea

CARRIED

 

 

 

 

 

 

 

 

 

 

DE20.135   SF10804 – 104 Taylors Lane, Cambewarra – Lot 3 DP 851823

HPERM Ref: D20/509320

Recommendation (Item to be determined under delegated authority)

That the report on SF10804 – 104 Taylors Lane, Cambewarra – Lot 3 DP 851823 be received for information.

 

RESOLVED (Clr Wells / Clr White)                                                                                      MIN20.892

That in relation to SF10804 – 104 Taylors Lane, Cambewarra – Lot 3 DP 851823:

1.      The report be received for information; and

2.      SF10804 be called in for determination by the elected Council on the basis of public interest in the Development.

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

Against:    Nil

CARRIED

 

 

DE20.136   Quarterly Review for Compliance Matters

HPERM Ref: D20/422071

Recommendation (Item to be determined under delegated authority)

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

 

RESOLVED (Clr Wells / Clr Alldrick)                                                                                    MIN20.893

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

CARRIED

 

 

DE20.137   Misuse of Vegetation Policy Report

HPERM Ref: D20/461817

Recommendation (Item to be determined under delegated authority)

That Council:

1.    Receive this report for information; and

2.    Having regard to the fact that there is already a process through the Land & Environment Court, supported by the Tree (Disputes Between Neighbours) Act 2006, to deal with the type of issues outlined in Council Minute MIN20.637, Council not proceed with developing a separate policy relating to the misuse of vegetation at this time.

 

RESOLVED (Clr Proudfoot / Clr Kitchener)                                                                         MIN20.894

That Council:

1.      Produce a draft Voluntary Vegetation Planting Code with a specified list of guidelines including view sharing, vegetation invasiveness, overshadowing and bushfire hazard;

2.      Update and refresh the Shoalhaven City Council Tree Guides;

3.      Offer street trees for council to plant in residential streets on private land at the request of homeowners.

4.      Receive a briefing from a member of council’s legal panel on legal and best practice advice in relation to vegetation management.

CARRIED

 

 

Procedural Motion - Adjournment of Meeting

RESOLVED (Clr Pakes / Clr Findley)                                                                                   MIN20.895

That the meeting be adjourned for five (5) minutes to allow for refreshments.

CARRIED

 

 

The meeting adjourned the time being 7.39pm.

 

The meeting resumed the time being 7.45pm.

 

Clr Mitchell Pakes - Chairperson

Clr Amanda Findley

Clr Joanna Gash

Clr John Wells

Clr Patricia White

Clr Kaye Gartner – (Remotely)

Clr Nina Digiglio

Clr Annette Alldrick

Clr John Levett – (Remotely)

Clr Andrew Guile – (Remotely)

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Stephen Dunshea - Chief Executive Officer

 

 

DE20.138   Collingwood Beach Dune Vegetation Two-Year Trial Action Plan - Final Report

HPERM Ref: D20/480826

Recommendation

That Council:

1.    Support the preparation of the Collingwood Beach Dunecare Action Plan to guide the work of the Collingwood Beach Dunecare Group under Council’s Bushcare Program. This will be supported by Council’s 2020 Collingwood Beach Coastal and Estuary Grant, should it be successful;

2.    Allocate $37,700 in the 2021/22 budget for Council’s contribution for the 2020 Collingwood Beach Coastal and Estuary Grant;

3.    Allocate a dedicated annual budget of $15,000 from 2021/22 onwards to continue to implement Council’s Vegetation Prevention Vandalism Policy across the Shoalhaven, noting the type of replacement trees planted in the dune from Susan Street to Albion Street must be on the approved revegetation species list;

4.    Consider allocation of an additional $125,000 for additional annual maintenance funds from 2021/22 onwards, to prune overhanging vegetation, to allow for at least three maintenance events each year of the Shoalhaven’s 170 km of coastline with more than 250 beach access ways;

5.    Undertake an audit of the stormwater outlets, shared pathway and accessways along Collingwood Beach to inform the Coastal Management Program to maintain the resilience of the dune and identify any maintenance works that are required; and

6.    Adopt the recommendations of the Final Report - Collingwood Beach Dune Vegetation Action Two-Year Trial Plan.

 

Motion (Clr White / Clr Gash)

That Council:

1.      Support the preparation of the Collingwood Beach Dunecare Action Plan to guide the work of the Collingwood Beach Dunecare Group under Council’s Bushcare Program and completed within four months. Such plan to be in accordance with the NSW Coastal Dune Management manual and the NSW Coastal Management Act 2016.  This plan will be supported by Council’s 2020 Collingwood Beach Coastal and Estuary Grant, should it be successful. 

2.      Allocate $37,700 in the 2021/22 budget for Council’s contribution for the 2020 Collingwood Beach Coastal and Estuary Grant.

3.      Allocate a dedicated annual budget of $15,000 from 2021/22 onwards to continue to implement Council’s Vegetation Prevention Vandalism Policy across the Shoalhaven, noting the type of replacement trees planted in the dune from Susan Street to Albion Street must be on the approved revegetation species list in the Collingwood Beach Dunecare Action Plan.

4.      Allocate additional funding for annual maintenance funds from 2021/22 onwards, to prune overhanging vegetation, to allow for at least three maintenance events each year for Collingwood Beach.

5.      Undertake an audit of the stormwater outlets, shared pathway and accessways along Collingwood Beach to inform the Coastal Management Program to maintain the resilience of the dune and identify any future maintenance works that are required.

6.      Submit a grant immediately under the CZMP funding opportunities for the implementation of the storm water discharge concept proposed by City Services, with the responsibility for all matters relating to the dunes of Collingwood Beach be transferred to City Services.

7.      Receive the Final Report – Collingwood Beach Dune Vegetation Action Two Year Trial Plan for information

8.      Re-endorse the Council resolution on February 11, 2020 (subject to a Recission Motion Council Meeting February 25, 2020 - defeated), that Council immediately remove all banksia root suckers, seedlings and saplings and:

a.      This resolution is to be included in the proposed Collingwood Beach Dune Vegetation Plan  with the removal of the new growth banksia to be replaced with species from the list prepared for replanting as undertaken in Trial Site 1 and in accordance with the NSW Coastal Management Act 2016 and the NSW Coastal Dune Management Manual and Council’s publicly displayed acknowledgement the houses are built on the hind dune.

b.      This resolution is to be included in the proposed Collingwood Beach Dune Vegetation Plan  with the removal of the new growth banksia to be replaced with species from the list prepared for replanting as undertaken in Trial Site 1 and in accordance with the NSW Coastal Management Act 2016 and the NSW Coastal Dune Management Manual.

9.      Tall tree species that potentially endanger people, residences and infrastructure will not be planted particularly in unstable foredune areas.

10.   All deadwood will be removed from Collingwood Beach Dune areas.

11.   Undertake within the next 3 months further pruning and thinning of Banksia’s where thickets occurring from Susan Street to the north to Illfracombe Ave.

 

 

Procedural Motion – motion be put (Clr Wells / Clr White)

That the MOTION be PUT.

For:             Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Kitchener and Clr Proudfoot

Against:    Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Stephen Dunshea

PROCEDURAL MOTION CARRIED

the motion was put to the meeting and carried

 

RECOMMENDATION (Clr White / Clr Gash)

That Council:

1.      Support the preparation of the Collingwood Beach Dunecare Action Plan to guide the work of the Collingwood Beach Dunecare Group under Council’s Bushcare Program and completed within four months. Such plan to be in accordance with the NSW Coastal Dune Management manual and the NSW Coastal Management Act 2016.  This plan will be supported by Council’s 2020 Collingwood Beach Coastal and Estuary Grant, should it be successful. 

2.      Allocate $37,700 in the 2021/22 budget for Council’s contribution for the 2020 Collingwood Beach Coastal and Estuary Grant.

3.      Allocate a dedicated annual budget of $15,000 from 2021/22 onwards to continue to implement Council’s Vegetation Prevention Vandalism Policy across the Shoalhaven, noting the type of replacement trees planted in the dune from Susan Street to Albion Street must be on the approved revegetation species list in the Collingwood Beach Dunecare Action Plan.

4.      Allocate additional funding for annual maintenance funds from 2021/22 onwards, to prune overhanging vegetation, to allow for at least three maintenance events each year for Collingwood Beach.

5.      Undertake an audit of the stormwater outlets, shared pathway and accessways along Collingwood Beach to inform the Coastal Management Program to maintain the resilience of the dune and identify any future maintenance works that are required.

6.      Submit a grant immediately under the CZMP funding opportunities for the implementation of the storm water discharge concept proposed by City Services, with the responsibility for all matters relating to the dunes of Collingwood Beach be transferred to City Services.

7.      Receive the Final Report – Collingwood Beach Dune Vegetation Action Two Year Trial Plan for information

8.      Re-endorse the Council resolution on February 11, 2020 (subject to a Recission Motion Council Meeting February 25, 2020 - defeated), that Council immediately remove all banksia root suckers, seedlings and saplings, and:

a.      This resolution is to be included in the proposed Collingwood Beach Dune Vegetation Plan  with the removal of the new growth banksia to be replaced with species from the list prepared for replanting as undertaken in Trial Site 1 and in accordance with the NSW Coastal Management Act 2016 and the NSW Coastal Dune Management Manual and Council’s publicly displayed acknowledgement the houses are built on the hind dune.

b.      This resolution is to be included in the proposed Collingwood Beach Dune Vegetation Plan  with the removal of the new growth banksia to be replaced with species from the list prepared for replanting as undertaken in Trial Site 1 and in accordance with the NSW Coastal Management Act 2016 and the NSW Coastal Dune Management Manual.

9.      Tall tree species that potentially endanger people, residences and infrastructure will not be planted particularly in unstable foredune areas.

10.   All deadwood will be removed from Collingwood Beach Dune areas.

11.   Undertake within the next 3 months further pruning and thinning of Banksia’s where thickets occurring from Susan Street to the north to Illfracombe Ave.

For:             Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against:    Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett

CARRIED

 

 

DE20.139   Review of Tabourie Lake Entrance Management Policy

HPERM Ref: D20/486502

Recommendation (Item to be determined under delegated authority)

That Council

1.    Adopt the Tabourie Lake Entrance Management Policy (June 2019), with the policy recommendation to increase the trigger level, for mechanical opening, from 1.17m AHD to 1.3m AHD.

2.    Continue to investigate stormwater drainage issues affecting properties on Princes Highway, Tabourie Lake in conjunction with Transport for New South Wales.

 

RESOLVED (Clr Gartner / Clr Digiglio)                                                                                MIN20.896

That Council:

1.    Adopt the Tabourie Lake Entrance Management Policy (June 2019), with the policy recommendation to increase the trigger level, for mechanical opening, from 1.17m AHD to 1.3m AHD.

2.    Continue to investigate stormwater drainage issues affecting properties on Princes Highway, Tabourie Lake in conjunction with Transport for New South Wales.

For:             Clr Findley, Clr Wells, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile and Stephen Dunshea

Against:    Clr Pakes, Clr Gash, Clr White, Clr Watson, Clr Kitchener and Clr Proudfoot

CARRIED

 

Note: A Rescission Motion was received after the meeting closed in relation to DE20.139 Review of Tabourie Lake Entrance Management Policy signed by Clr Kitchener, Clr White & Clr Watson.

 

   

 

 

 

There being no further business, the meeting concluded, the time being 8.52pm.

 

 

Clr Pakes

CHAIRPERSON