Agenda of Ordinary Meeting

Ordinary Meeting – Tuesday 03 August 2021

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CL21.166 Traffic Impact Summary - NSW Aboriginal Rugby League Knockout Carnival 2021

HPERM Ref: D21/305876

Department: Technical Services

Approver: Paul Keech, Director - City Services

Reason for Report

This report is being submitted directly to the Ordinary Meeting to discuss the traffic impacts surrounding the NSW Aboriginal Rugby League Knockout Carnival 50^th Anniversary (“Koori Rugby League Knockout”), proposed to take place in early October 2021.

Recommendation

With regard to the South Coast Black Cockatoos hosting of the NSW Aboriginal Rugby League Knockout Carnival 50^th Anniversary, proposed to take place on 30 September to 4 October 2021 at the Bomaderry Sporting Complex, Council:

1. Acknowledges that the key potential traffic impacts associated with this “Class 1” event are as follows:

a. Closure of a section of Cambewarra Road at the Bomaderry Sporting Complex for up to 5 days (from 8am* 29 September to 8am* 5 October), excluding emergency vehicles. *Note: exact times have not been stated in the application nor able to be confirmed at the time of writing this report.

b. Provides for detour around the Bomaderry Sporting Complex using local streets which will result in increased traffic congestion and on street parking in those streets.

c. Proposes shuttle bus services to various parking locations around the region.

2. Provides in-principle support for the event after consideration of the proposed traffic impacts.

3. Will, through the CEO (Director City Services), continue to work with the event organisers in planning to mitigate the traffic impacts of the event on an in-kind basis.

4. Note that given Council’s in-principle support of the proposed traffic impacts, the Shoalhaven Traffic Committee will undertake a detailed technical assessment of the proposed traffic management measures.

Options

1. As recommended.

Implications:

· Acknowledges the extent of potential traffic impacts associated with the event are as follows:

o closure of a section of Cambewarra Road at the Bomaderry Sporting Complex for up to 5 days (from 8am* 29 September to 8am* 5 October), excluding emergency vehicles. *Note: exact times have not been stated in the application.

o Provides for detour around the Bomaderry Sporting Complex using local streets which will result in increased traffic congestion and on street parking.

o Proposes shuttle bus services to various parking locations around the region.

· After consideration of the proposed traffic impacts and the possible mitigation measures, provides in-principle support for the event.

· Council will continue to work with the event organisers to mitigate the traffic impacts of the event on an in-kind basis.

2. Decline to provide in-principle support of the traffic impacts as proposed and seek further consultation with the event organisers.

Implications:

· May jeopardise the viability of the South Coast Black Cockatoos to host the event in the Shoalhaven.

· The event is of significance to the region and a decision that is not fully supportive of the event would have a potential reputational risk for Council, both locally, regionally and nationally.

A possible resolution to affect Option 2 would be as follows:

That the CEO (Director City Futures) advise the event organisers that Council has concerns regarding the proposed traffic impacts of the NSW Aboriginal Rugby League Knockout Carnival and that the CEO (Director City Futures) work with the event organisers to address those concerns.

Event Precinct Plan

Event Background

A report was previously brought before Council on 25 February 2020, which provided background to this event being proposed (CL20.32 - Koori Rugby League Knockout - South Coast Black Cockatoos - Event Support). The following recommendation was carried:

That Council:

1. Congratulate the Black Cockatoos on their success in winning the right to host the NSW Aboriginal Rugby League Knockout Carnival 50^th Anniversary and thank them for their commitment to running the 2020 event in Bomaderry.

2. Commit to allocating $400,000 in the 3^rd Quarter Review of the 2019/2020 Budget through an appropriate funding strategy to be determined, to ensure works are completed in time for the event.

3. Note that the costs associated with actually running the event will be met by those other than Council.

4. Immediately commence with necessary works to carry out all improvements at the Bomaderry Sporting Complex and Artie Smith Oval site in accordance with Plan Ref No.1007_40 (Rev1 Dated 11 Feb 2020), such that the event can be run by the Black Cockatoos over the long weekend in October 2020.

5. Commend the staff involved in the expeditious preparation of the site improvement plan developed in close consultation with the organisers of the NSW Aboriginal Rugby League Knockout Carnival 50^th Anniversary to enable this event to proceed in the Shoalhaven.

As a summary, the NSW Koori Rugby League Knockout is one of the largest Indigenous gatherings in Australia. The event draws a large number of participants, including more than 150 teams involved with the proposed activities and an estimated 10,000 people per day over the 5-day event.

The South Coast Black Cockatoos had previously won the title in 2019, giving them the right to host the subsequent event, which was also the 50^th Anniversary in the event’s history. This was originally proposed to take place on the October long weekend in 2020. However, due to Public Health Order restrictions at the time, the event was postponed to the following year.

The event is anticipated to be a high exposure event, drawing national attention from sponsors and the NRL, promoting the area as a key growth area for investment. However, this event will also put significant pressure on local roads within Bomaderry as well as potentially impacting major local transport networks such as Cambewarra Road and the Princes Highway.

Classification of Event and Required Timeline for Approvals

Under the NSW Government’s ‘Guide to Traffic and Transport Management for Special Events’ (‘The Guide’), this event would be classified as a Class 1 event.

According to s3.2 of ‘the Guide’, this is due to the event:

1. ‘impact[ing] major traffic and transport systems …’; and,

2. ‘…significantly disrupts the non-event community over a wide area’.

As such, this event requires significant traffic management and control measures to be implemented.

Additionally, due to this event being classified as a Class 1 event, the following will be required:

· In-principle support obtained from Council regarding the traffic impacts and summary of the event factors that will affect the local, non-event community

· Following this, the proposed traffic measures will need to be assessed by the Traffic Committee and technical recommendation obtained

o Should not all voting members accept the recommendation (not unanimous support), and Council wishes to proceed with the proposal; Council MUST first advise the representatives for Transport for NSW (TfNSW) and NSW Police of this decision. Following this, the representatives for TfNSW and NSW Police may then lodge an appeal to the Regional Traffic Committee (see s5.3.6 - Voting and s6 - Appeals of the RTA’s “Guide to the Delegation to Councils for the Regulation of Traffic (including the operation of Traffic Committees)”)

· Upon receipt of the technical recommendation from the Shoalhaven Traffic Committee, the proposed event can be endorsed by Council’s Roads Assets Team, referring then to Council’s Events Team to grant the event approval.

Event Timeline

The event is proposed to take place over the 30 September – 4 October 2021 period.

Council formally received the draft traffic management plan (TMP) outlining key traffic impacts and the event organiser’s proposed measures to mitigate these on the 12 July 2021, approximately 10 weeks prior to the event’s proposed commencement.

The proposed Cambewarra Road closure would start on Wednesday 29 September and re-open on Tuesday 5 October.

Access to Bomaderry High School from Cambewarra Rd will be necessary from Tuesday 5 October, which is the resumption of the school term.

Consideration

Temporary Local Road Closure and Detour:

The event has proposed to temporarily close a section of Cambewarra Road, between the intersections of Barwon Street and North Tarawal Street. A detour has been proposed around this closure, to utilise Barwon Street, Bunberra Street and Brinawarr Street.

This proposed closure and detour will be implemented on Wednesday 29 September 2021 (two days prior to the event) and will reopen on the 5 October 2021 (approximately one day after the conclusion of the event). The proposed closure and detour will be active at all times (24 hours) and will last over 7 days. Of this closure, there will be one day comprising a public holiday (Monday 4 October 2021), with School Term Four recommencing on Tuesday 5 October 2021.

Parking Impacts:

The event has proposed several areas of parking areas designated for both private and public use. These are as follows:

1. TAFE NSW Carpark, 60 Beinda Street, Bomaderry: To be used as a private event parking area for players and their team vehicles/coasters (only if they are required to play in early sessions)

2. Shoalhaven Indoor Sports Centre Carpark, 90 Cambewarra Road, Bomaderry: To be used as a private event parking area for designated VIPs for the event. This area will also have 12 designated disabled parking spots. This area will also service as an internal drop off point for taxis, mini-busses, and shuttle bus services. The entry into this site will be controlled by a supervised boom-gate and traffic controller presence.

3. Bomaderry High School, 127 Cambewarra Road, Bomaderry: To be used as a private event parking area for South Coast Black Cockatoos (SCBC) representatives, service providers, vendors and supplier drops.

4. “Nowra Saleyards”, 25 Moss Vale Road, Bomaderry: A privately owned property, which the event organisers have proposed to use as public parking for this event. The site is approximately 4.975 hectares. No further information has been provided to Council regarding the proposed internal parking management or estimated capacity for the site.

5. Bridge Road Public Carpark, 81 Bridge Road: A Council owned, all day carpark, proposed to be used as public parking for this event. Team vehicles / coasters not approved for parking in the TAFE NSW carpark area will be directed to park at this location. This site has approximately 191 all day spaces and 5 disabled parking spaces.

6. Lot 1 DP 997520, Corner of Junction Street and Princes Hwy: A privately owned property, which the event organisers have proposed to use as public parking for this event. The site (when considering all related parcels of land) is approximately 1.663 hectares. No further information has been provided to Council regarding the proposed internal parking management or estimated capacity for the site.

An additional site has been identified as Narang Road Public Parking. However, the event organiser has not provided further information in clarifying this point.

Pedestrian Access Closure:

The event organisers have proposed to close the section of Cambewarra Road, between the intersections with Barwon Street and North Tarawal Street, to pedestrian access by the general public. This will be in effect from on Wednesday 29 September 2021 (two days prior to the event) and will reopen on the 5 October 2021 (approximately one day after the conclusion of the event).

Public Transport Impact:

The event organisers have proposed to arrange for additional public transport options, including shuttles to and from parking areas to improve access to the event and remove excess traffic around the event area.

The event organisers have also indicated that they have liaised with City Rail to potentially provide additional train services from Wollongong to Bomaderry.

Emergency Access Impact:

The event organisers have ensured that access for emergency vehicles into the event site will be maintained at all times. Emergency vehicle access paths have been provided within the site, maintaining a width of no less than 3.5m and being checked by parking marshals throughout the event’s duration to ensure that no obstruction occurs.

At the time of this report, the event organisers have indicated that they are in the process of discussing further with representatives from local Fire and Rescue and Ambulance services, establishing a working group to discuss a management plan for emergency service access and arrangements for the event site.

Community Awareness and Event Notice Signage:

The event organisers have proposed to advertise the traffic management arrangements in local print media, the event website, and social media platforms to raise awareness with the non-event community. However, it has not been stated in the event organiser’s documentation how far in advance of the event that this notification will take place and whether this will be in compliance with sections 14 and 15 of Council’s Events Policy (POL17/75).

The event organisers have proposed to inform directly affected residents and businesses within approx. 250m of the event site of the proposed traffic impacts and road closures. Similarly, it has not been stated in the event organiser’s documentation how far in advance of the event that this letterbox drop will take place and whether this will be in compliance with sections 14 and 15 of Council’s Events Policy.

Variable message sign (VMS) boards have been proposed as part of this event, installed at strategic locations to advertise the upcoming event and proposed road closures to local traffic and residents. These are proposed to be deployed approx. 2 weeks prior to the event start date.

In addition to this, all spectators will be given a copy of the Event Map which will highlight the designated allocated parking areas, shuttle buses routes and times, No Parking Zones and drop off zones. The event organisers have also proposed that traffic marshals at the event site will be present to advise on the local detour around the Cambewarra Road closure and to direct them to the most suitable public parking areas.

Risk Implications

Closure of Cambewarra Road:

Cambewarra Road serves as a major local transport route for the Bomaderry area. Traffic Counts conducted in 2019 show the following daily traffic volumes:

N205 - Cambewarra Rd E of Princes Hwy - (3/12/2019 - 10/12/2019)

Average Daily = 9036 vehicles per day

Average Weekday = 9649 vehicles per day

Biggest Weekday = 10152 vehicles per day (Fri 6/12/19)

85^th Percentile Speeds = 48 km/h W, 48 km/h E

Percentage of Heavy Vehicles = 9.9% (Class 3 and above)

Split = 50% WB, 50% EB

Also noting that this data should apply a 1.5% per annum growth rate, thereby potentially bringing the Average Daily values to 9309 vpd for a 2021 calendar year. This does not include the additional traffic which will use Cambewarra Road due to the long weekend and the proposed event which could be around 20,000 additional vehicles, assuming 2.5 people per vehicle.

By placing a full closure on Cambewarra Road, the volumes listed above will be redirected onto many local roads that will be unsuitable to accommodate this level of traffic. Residential streets are typically designed for less than 2000 vpd (Chapter G11, DCP 2014). The addition of over 9000 vehicle movements distributed within the residential street network would give rise to the increase of various risk factors discussed below.

In addition to this, the closure will also have significant repercussions to access off the Princes Highway, with queued traffic from this closure potentially backing up and encroaching onto the Highway.

Furthermore, as the closure is in place at all times (active 24hours a day), impacts onto local roads via the proposed detour will also be sustained throughout the extent of the event’s duration and outside of its event hours.

Parking on Local Roads and Potential Congestion:

The event is proposed to take place over the October long weekend when there is traditionally a high volume of both day trippers and overnight visitors in the region. There is a ‘higher than usual’ risk of conflict with local residents and visitors, both to the event and tourism broadly. The event estimates 50,000+ people over the 5 days, which will potentially generate conflict between residents and visitors, competing for parking along these local roads.

Whilst the event organiser has proposed temporary warning signs indicating ‘No Parking // Local Residents Only’ around local roads in proximity to the event site, these are non-enforceable and will give rise to confusion as to who has the right to park in areas or not.

Many of the local roads within proximity to the event site have road widths of <7m that when vehicles are parked on both sides of the road, reduces the remaining trafficable lane to a single direction. This scenario, with cars being unable to pass each other in two directions, will lead to increased traffic queuing, increased risk of traffic incidents, reduction of sight distances, reduction of stopping/braking distances and contravenes the TfNSW safe system framework.

Ordinary Meeting – Tuesday 03 August 2021

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CL21.167 Traffic Impact Summary - L'Etape Major Cycling Event 2021

HPERM Ref: D21/287145

Department: Technical Services

Approver: Paul Keech, Director - City Services

Reason for Report

This report is being submitted directly to the Ordinary Meeting to discuss the traffic impacts surrounding the L’Etape Major Cycling Event, proposed to take place on 28 November 2021.

Recommendation (Item to be determined under delegated authority)

With regard to the L’Etape Australia cycling event proposed to take place on 28 November 2021, Council:

1. Acknowledges that the key potential traffic impacts associated with this “Class 1” event are as follows:

a. Closure of various sections of road at localities including Shoalhaven Heads, Far Meadow, Coolangatta, Berry, Berry Mountain, Bellawongarah, Beaumont, Kangaroo Valley and Barrengarry at various times between 4:30am and 10:45am, excluding emergency vehicles.

b. Access to the Shoalhaven via Moss Vale Road will be detoured via the Hume Highway to Picton Road to use the Princes Highway.

c. Closure of Queen Street, Berry and all intersecting roads west of Albert Street, Berry. A supervised crossing point at the intersection of Alexandra Street and Queen Street will be maintained, allowing vehicle access when traffic controllers permit it’s safe to do so. The total time of this temporary road closure will be between 5am to 9:30am.

d. The total time of temporary road closure within the main street of Kangaroo Valley (Moss Vale Road) will be between 5:30am to 10:45am. However, this will consist of approx. 3hrs 9mins of hard closure - between 7:24am to 10:33am.

2. Provides in-principle support for the event after consideration of the proposed traffic impacts.

3. Notes that given Council’s in-principle support of the proposed traffic impacts, the Shoalhaven Traffic Committee will undertake a detailed technical assessment of the proposed traffic management measures.

Options

1. As recommended.

Implications:

· Acknowledges the extent of potential traffic impacts associated with the event are as follows:

o Zone 2B – Beach Rd intersection with Gerroa Rd, overall closure of 4.5 hrs (4:30am to 9am).

o Zone 3A – Impacting Coolangatta Rd and associated side roads, leading into Berry township and associated side roads, overall closure of 4.5 hrs (5am to 9:30am).

o Zone 3B – Impacting Kangaroo Valley Rd west of Berry township, associated side roads and residences through to intersection with Tourist Rd, overall closure of 5 hrs (5am to 10am).

o Zone 4A – Tourist Rd / Cambewarra Lookout Rd and associated side roads to the intersection with Moss Vale Rd, overall closure of 5 hrs (5:30am to 10:30am).

o Zone 4B – Moss Vale Rd north of Cambewarra Lookout Rd, associated side roads, Kangaroo Valley township through to the intersection of Bunkers Hill Rd, overall closure of 5 hrs 15 mins (5:30am to 10:45am).

o Access to the Shoalhaven via Moss Vale Road will be detoured via the Hume Highway to Picton Road to use the Princes Highway, with the detour in place for 7 hrs (5:30am to 12:30pm).

· After consideration of the proposed traffic impacts and the possible mitigation measures, provides in-principle support for the event.

2. Decline to provide in-principle support of the traffic impacts as proposed and seek further consultation with the event organisers.

Implications:

· May jeopardise the viability of the event.

· The event is of significance to the region and a decision that is not fully supportive of the event would have a potential reputational risk for Council, locally, regionally, and nationally.

A possible resolution to affect Option 2 would be as follows:

That the CEO (Director Futures) advise the event organisers that it has concerns regarding the proposed traffic impacts of the L’Etape Australia cycling event and that the CEO (Director Futures) work with the event organisers to address those concerns.

Event Background

Shoalhaven City Council has been assisting the NSW Government and Lateral Event Management for the preparation of L'Etape Australia, a major cycling event to be held on 28 November 2021.

As part of this event, a 135.8km length course has been proposed, impacting on parts of Kiama, Shoalhaven and Wingecarribee LGAs. For the Shoalhaven area, the course is proposed to pass through Berry township via Coolangatta Road and through Queen Street, passing onto Kangaroo Valley Road to climb Berry Mountain before being detoured onto Tourist Road. From the top of Berry Mountain, the course will continue north into Kangaroo Valley township via Moss Vale Road and continue on this road into Barrengarry and on to the Wingecarribee LGA.

Event Course Map

Classification of Event and Required Timeline for Approvals

Under the NSW Government’s ‘Guide to Traffic and Transport Management for Special Events’ (‘The Guide’), this event would be classified as a Class 1 event. According to s3.2 of ‘the Guide’, this is due to it being:

1. an ‘on road vehicle race’.

2. ‘impacts major traffic and transport systems …’; and,

3. ‘…significantly disrupts the non-event community over a wide area’.

As such, this event requires significant traffic management and control measures to be implemented along the Shoalhaven lengths of the course.

Additionally, due to this event being classified as a Class 1 event, the following will be required:

· In-principle support obtained from Council regarding the traffic impacts and summary of the event factors that will affect the local, non-event community

· Following this, the proposed traffic measures will need to be assessed by the Traffic Committee and technical recommendation obtained

Event Timeline

Since the cancellation of the March iteration of this event due to severe weather, Council’s Events Team has been working closely with Lateral Events in the lead up to the proposed 28 November 2021 race date.

In developing the latest version of traffic management plan (TMP) for this new date, Lateral Events have engaged with community through various face to face sessions with the intention of understanding the communities' primary concerns around the event and road closures.

On 10 June 2021, the Councillors were briefed on the upcoming event.

Following this, the Event Application and Traffic Management Plan (TMP) were formally submitted by Lateral Events for review by Council.

To date, the Events Team have received all the necessary information to grant an event approval once the traffic impacts have been acknowledged and the traffic management documents have been endorsed/approved from a technical perspective by the Shoalhaven Traffic Committee.

On 20 July 2021, a summary of traffic impacts pertaining to this event was presented to the Executive Management Team for their consideration.

Consideration

Temporary Road Closures

The event course requires the following temporary road closures, which have been broken into a total of 14 zones and sub-zones. Of these zones, four are applicable to the Shoalhaven area. Whilst these zones have advertised total road closures for this event, this will comprise of conditional access for locals within these affected areas during both the set up and set down of the road closure, as well as the necessary hard closure required for the event to flow through.

· Zone 2B: Beach Rd (Berry) intersection with Gerroa Rd and Crooked River Road.

o The total time of temporary road closures within Zone 2B will be between 4:30am to 9am. However, this will consist of approx. 1hr 37mins of hard closure, between 6:23am to 8am.

· Zone 3A: Consisting of the following areas:

o Impacting Gerroa Road and Bolong Road north of the intersection with Northview Close and Shoalhaven Heads Road.

§ The total time of this temporary road closure will be between 5am to 8:15am.

o Impacting Coolangatta Rd and associated side roads, leading into Berry township via Wharf Road and Prince Alfred Street. Closure of Queen Street and all intersecting roads west of Albert Street. A supervised crossing point at the intersection of Alexandra Street and Queen Street will be maintained, allowing vehicle access when traffic controllers permit it’s safe to do so.

§ The total time of this temporary road closure will be between 5am to 9:30am.

o Closure of northbound and southbound ramps off the Princes Highway onto Queen Street. Access to and from Huntingdale Park Road will be maintained by supervised crossing point. A detour route for access into Berry via the eastern southbound entry from the Princes Highway will be advertised by VMS Boards and Detour signage.

§ The total time of this temporary road closure will be between 5am to 8:45am.

o The total time of temporary road closures within Zone 3A will be between 5am to 9:30am. However, this will consist of approx. 2hrs 8mins of hard closure, between 6:33am to 8:41am.

· Zone 3B: Impacting Kangaroo Valley Road west of Queen Street. All associated side roads and property access along the route will be impacted (including controlled closure points at Bundewallah Rd and Irvines Rd). Intersection with Tourist Road will also be closed, supervised by Police presence.

o The total time of temporary road closures within Zone 3B will be between 5am to 10am. However, this will consist of approx. 2hrs 58mins of hard closure, between 6:47am to 9:45am.

· Zone 4A: Impacting Tourist Road, leading into Cambewarra Lookout Road and associated side roads and local access points south of Kangaroo Valley Road to the intersection with Moss Vale Road.

o The total time of temporary road closures within Zone 4A will be between 5:30am to 10:30am. However, this will consist of approx. 3hrs 18mins of hard closure, between 6:47am to 10:05am.

· Zone 4B: Consisting of the following areas:

o Closure of Moss Vale Road at the intersection of Barfield Road. VMS Boards will be installed prior to this closure in order to provide additional awareness.

§ The total time of this temporary road closure will be between 5:30am to 10:45am.

o Moss Vale Road continuing north from the intersection with Cambewarra Lookout Road, impacting associated side roads and local access points (including intersections with Kangaroo Valley Road (in place to prevent any eastbound vehicles heading up Berry Mountain and potentially interfering with the course further at the Tourist Rd intersection), Nugents Creek Road, access to the Glenmack Park facilities, within Kangaroo Valley township, Mount Scanzi Road and Jenanter Drive south of the Hampden Bridge.

o Moss Vale Road north of this point will also be impacted, with supervised closures at Bendeela Road and Upper Kangaroo River Road. All associated side roads and access points along Moss Vale Road will also be impacted.

o Moss Vale Road at the intersection of Bunkers Hill Road will remain closed until 10:45am. After this time, all local access to Moss Vale Road south of this point will be restored. Moss Vale Road north of this intersection will remain closed to permit the course to proceed further on to Fitzroy Falls, until it will reopen at 12:30pm.

o The total time of temporary road closures within Zone 4B will be between 5:30am to 10:45am. However, this will consist of approx. 3hrs 9mins of hard closure, between 7:24am to 10:33am.

Also note, that the provision of conditional access will be at the discretion of the traffic controllers / Police Officers supervising the closure, in order to assess the site conditions and permit access when it is safe to do so.

Major Detours

The event has proposed two major detours, advising motorists to utilise Princes Highway and Hume Highways as best possible around the course itself. The following detour will impact access to the Shoalhaven:

1. Kangaroo Valley Detour:

· Scope of Closure: Moss Vale Road – Between Barfield Road & Nowra Road & Nowra Road – Between Moss Vale Road and Sheepwash Road.

· Duration: 5:30am – 12:30pm (7 hours).

· Impact of Closure: Vehicles required to use an alternate route to travel between the Southern Highlands and Shellharbour.

· Detour Route:

o From Southern Highlands – Vehicles to use the Hume Highway to Picton Road to use the Princes Highway.

o From Shellharbour – Vehicles to use the Princes Highway to Picton Road to Access the Hume Highway.

· Local detour route - Macquarie Pass and Tourist Road, however this will not be the advertised route as Tourist Road has an existing 10t load limit.

Note: Access along Moss Vale Road between Barfield Road and Carters Road will be reopened from 10:45am once the back of the event has passed through Kangaroo Valley to reduce the overall closure time for the town to 5.25 hours.

Traffic Controller and NSW Police Presence

The extent of these measures will be controlled by a combination of manned and unmanned traffic facilities coordinated by both NSW Police and accredited Traffic Controllers.

The event has identified 14 positions where Police Officers will be stationed, to monitor key road closure junctions and to ensure that traffic control measures for the event are followed.

In addition to this, the format of the race itself will involve Police Convoys at the commencement of the race, in between each wave of cyclists and at the rear of the race. This is to ensure that the course itself moves forward unimpeded by any potential issues that may be encountered along the route.

Advanced Warning Signage and Advisory Signage

Advanced warning signage will be provided at high-risk locations to ensure that oncoming vehicles are made aware of the changed traffic conditions.

This will be achieved in a number of ways:

· Special Event Warning Signage: installed at proposed road closures approx. 30 days prior to the event date. These signs will show the proposed times of the closure as well as website / contact details to seek further information.

· Access Point Closure Signage: installed in areas along the route that are not necessarily covered by road closure specific signage (e.g. minor local access points, driveways, farm gates).

· Variable Message Sign (VMS) Boards will be deployed at 10 locations within the Shoalhaven. These will be deployed at least 2 weeks prior to the event day and will depict information on the upcoming road closures, when the closures are in place and when they have been lifted. The highest concentration of these signs will be utilised along the Princes Highway to advise on the Tindalls Lane x Schofield Lane detour to access Berry during the closure of the northbound and southbound ramps at the Queen Street overpass. VMS boards will also be deployed in Bomaderry to advise northbound travellers on the Princes Highway of the temporary road closure of Moss Vale Road.

In addition to this, temporary parking restrictions have been considered for the length of Queen Street, Berry. These signs will be installed 7 days prior to the event date.

Emergency Access

Access for Local Residents suffering from emergency situations, access to hospitals and passage for Emergency Vehicles has been maintained at all times. This will be coordinated by the ECC, TMC and Police Officers present on the day to ensure that the event cyclists will be managed whilst permitting unobstructed access to an emergency vehicle. Local representatives from NSW Fire and Rescue, NSW Rural Fire Service, SES and NSW Ambulance have been notified of the event through the event organiser’s All – Agency meetings and will be present on the day to assist. In addition to this, the event organiser has engaged EMS Event Medical to provide onsite medical support within the event.

Public Transport Impacts

Local public transport operators have been notified of the event through communication from the Transport Management Centre (TMC). Any impacts to scheduled routes within the Shoalhaven area have been addressed and public transport services will coordinate around this event course as best possible.

Whilst not specific to the Shoalhaven region, the event organiser has also liaised with Sydney Trains regarding this event and has arranged for additional services to support the transport needs for this event. A dedicated representative from Sydney Trains will also be contactable on the event day should any issues arise during the event

Local Access Impacts

To reduce the impact on the non-event community, the event organisers have proposed areas within the specific traffic management and local access arrangements to allow ‘conditional access’ within the course (whilst the traffic management measures for the road closures are being set up and removed). However, the ‘hard closure’ timeframe (when the first Police scout vehicle arrives, giving way to the first wave of cyclists, proceeded by the final wave and trailing police convoy vehicle) makes restricted access necessary. This is to ensure full closure for the safety of event and non-event participants. Please see ‘Temporary Road Closures’ of this report for further information.

Notification to Local Community Regarding Traffic Impacts

The Communication Strategy for traffic management arrangements is the event organiser’s responsibility (per s7.1 of ‘the Guide’ and s14 of Council’s Event’s Policy).

The event organiser has prepared a Communication Strategy document, that proposes to disseminate information and raise awareness of the event and its traffic impacts via a number of means, including local community meetings, online resources, mailing lists and Facebook groups. These items will be executed in liaison with Council’s Events Team.

Whilst the advertising of traffic management measures remains to be the event organiser’s responsibility, Council has agreed to also distribute information regarding the proposed traffic impacts and to raise awareness prior to the proposed event date.

Note that the event organiser’s communication strategy complies with legislative requirements for advertising traffic management arrangements (s5, Roads (General) Regulation 2000 (NSW)) as well as requirements for notification as stipulated under Council’s Events Policy (POL17/75).

Risk Implications

Closure of Local Roads

The event route has implemented full closures of these local roads for the purposes of this cycling event. The decision to implement full closures for this major cycling event is reinforced by the NSW ‘Guidelines for Bicycle Road Races’ (s4.3 Traffic Management Plan Requirements by Race Type):

“Road Races on multiple lap open courses

Complete closure of the racecourse may not be required by Police unless traffic levels and/or competitor numbers become sufficiently large to warrant the closure of, part of or, the entire course. Part closures are not recommended as this can lead to confusion among competitors or road users as to whether they have free access to the road at any given point of the race.”

The event organisers have proposed measures to limit the overall impact to local residents impacted along the course route, including the provision of ‘conditional access’ during set up and set down times and ensuring that the road closure times are not needlessly extended.

As mentioned previously in this report, access for emergency services will be maintained at all times and impacts to public transport have been coordinated.

Ordinary Meeting – Tuesday 03 August 2021

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CL21.170 Development Application DA20/1413 - Church St Ulladulla – Lot 1 DP 831274

DA. No: DA20/1413/4

HPERM Ref: D21/239986

Department: Ulladulla Service Centre

Approver: Phil Costello, Director - City Development

Attachments: 1. DA Plan Set (under separate cover) ⇨

2. Design Verification Statement (under separate cover) ⇨

3. Clause 4.6 Variation Request (under separate cover) ⇨

4. Building Height Analysis / Views (under separate cover) ⇨

5. Building Height Analysis - Details (under separate cover) ⇨

6. Landscape Plans (under separate cover) ⇨

7. S4.15 Planning Assessment Report (under separate cover) ⇨

8. Draft Determination (under separate cover) ⇨

Description of Development: Residential Flat Building comprising 22 units

Owner: Lobster Jack Developments Pty Ltd

Applicant: Joshua Wooden

Notification Dates: 4 July 2020 to 18 July.2020 including an advertisement in the local paper and letters to neighbours within in a 100m buffer.

No. of Submissions: Six (6) in objection

Purpose / Reason for consideration by Council

This report is being put to Ordinary Council in the absence of a Development & Environment Committee meeting for August and to ensure the assessment and resolution of the application is undertaken in a timely manner.

The purpose of this report is to seek Council direction with respect to a request for a variation of a development standard under clause 4.6 of the Shoalhaven Local Environmental Plan 2014 (SLEP 2014) and determination of the development application. The variation relates to building height and is greater than 10%, thus requiring Council support. Staff do not have delegation to consider variations exceeding 10%. The height limit established by SLEP 2014 is 11 metres with the application requesting a 14.58m height.

Recommendation (Item to be determined under delegated authority)

That Council in relation to Development Application DA20/1413 for two (2) residential flat buildings containing 22 apartments and basement parking at Lot 1 in DP 831274, Church St, Ulladulla:

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 development of the residential flat building to a maximum 14.58m in height.

2. Approve Development Application (DA20/1413) in accordance with the recommended conditions of the consent (Attachment 8).

Options

1. Resolve to support the proposed variation to the development standard for height from 11m to 14.58m for the residential flat building and approve in accordance with the recommended conditions of consent.

Implications: This would enable the application to be finalised and conditions of consent determined.

2. Resolve not to support the proposed variation to the development standard and refer the application back to staff to negotiate with the applicant to redesign the proposal to better match the 11m height standard.

Implications: This would mean that the application could not be supported in its current form. This would require modifications to be made to specifically adjust the height which could have implications on the development and its commercial viability for the owners of the site. This option could also potentially result in litigation by the applicant.

3. Adopt an alternative recommendation and provide direction to staff.

Location Map

Subject Site

Figure 1 – Location

Background

Proposed Development

A residential flat building development comprising two buildings, Block 'A' and Block 'B', with 22 residential units and basement parking.

Block A

· Located on the eastern side of the site, comprising basement level, three (3) floors of residential units and a penthouse and roof terrace on the fourth floor (total of 16 units).

· 3 x one-bedroom apartments

· 3 x two-bedroom apartments

· 6 x three-bedroom apartments

· 3 x four-bedroom apartments

· 1 x three-bedroom penthouse

Block B

· Three floors of residential units (total 6).

· 3 x two-bedroom apartments

· 3 x three-bedroom apartments

The blocks are separated by communal open space.

Vehicular access is off Church St with 42 basement car parking spaces located in basement of Block A.

Subject Land

The site is an irregular shaped lot with a primary frontage of 6m to Church Street to the south, and a secondary frontage to the Princes Highway of 30m to the east. The site is zoned R3 Medium Density Residential under the SLEP 2014 and has an area of 2,754m² and is vacant. There is scattered vegetation on the eastern half of the site and along the frontage with the Princes Highway. The site slopes down (away) from the Princes Highway, which is north east to south west, with an overall fall of approximately 5m across the site.

There is a drainage easement and a right of carriageway that is within and adjoins the site along the south western boundary.

Site and Context

The site is located north west of Ulladulla Harbour and approximately 370m north of the Ulladulla Post Office and CBD. The site adjoins an area to the north which is a mix of business uses and residential developments which tend to decrease in density away from the harbour.

Directly adjoining the site to the north is a medium density development comprising 4 units. To the west of the site is a mix of low density and medium density development, and to the south is a local heritage listed property known as ‘Millards Cottage’. Opposite to the south is a vacant lot that adjoins Millards Creek. Opposite to the east is Ulladulla Rotary Park which has direct access to the Harbour foreshore and boat ramp.

Photo 1: Princes Highway Elevation

Photo 2: Church St Elevation

Photo 3: Church St looking west to adjoining development

Photo 4: Subject lot looking east towards the Princes Highway

A grassy field with trees and buildings in the background

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Photo 5: Looking north over Church St towards the site from vacant lot opposite. Lot sits behind horse paddock fence, Millards Cottage on the right, and house on the left, approximately between the red markers.

Zoning

The site is zoned R3 Medium Density Residential under the SLEP 2014. The proposed development is best described as a Residential Flat Building which is permissible with consent. The objectives of the zone are:

· To provide for the housing needs of the community within a medium density residential environment.

· To provide a variety of housing types within a medium density residential environment.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents.

· To provide opportunities for development for the purposes of tourist and visitor accommodation where this does not conflict with the residential environment.

Figure 2 – Zone Extract (SLEP 2014)

History

The site has been subject to a previous development application (DA) for a medium density development.

DA number	Description of Proposal	Decision & Date of Decision	Officer Comment
DA92/2615	5-unit town house development	Approved January 1993	N/A

Issues

Clause 4.3 Height of Buildings

The objectives of this clause are as follows:

a) to ensure that buildings are compatible with the height, bulk, and scale of the existing and desired future character of a locality,

b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,

c) to ensure that the height of buildings on or in the vicinity of a heritage item or within a heritage conservation area respect heritage significance.

The majority of the site is mapped as having an 11m height restriction. The ‘Maximum Height of Buildings’ map does not show a maximum height for a small western portion of the site. clause 4.3(2A) states “If the Height of Buildings Map does not show a maximum height for any land, the height of a building on the land is not to exceed 11 metres”. As such an 11m Maximum Height of Building control applies to the whole site.

This application proposes a maximum building height of 14.58m. The applicant seeks to vary this building height development standard via a clause 4.6 variation. A maximum variation of 33% (3.58m) is sought and pertains to the lift overruns and part of the penthouse.

The maximum exceedance of Block A is 3.58m which is the south western corner of the penthouse, and Block B is 1.73m being the lift overrun as depicted below. The perception of the development when viewed from the surrounding area will be that the lift overrun on Block A is the highest point.

The greatest point of height exceedance is in fact the south western corner of the penthouse which is attributable to the slope of the site which ‘dips’ down at this point.

The penthouse has a gross floor area (GFA) of 145m² which represents 5% of the total GFA of the development.

Diagram, engineering drawing

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Figure 3: Building Height Analysis Views

The highest point is the lift overrun of Block A which is 14.32m and has a RL of 21.4 AHD, however due to the slope of the land the central portion of the site, whilst the overall RL of the building is lower having an RL of 19.50m, at the greatest point the building proposes a height of 14.58m being the top of point J (refer also to Figure 6 – 32.5%). As can be seen in the figure below, the height exceedance is variable due to the slope / dip of the site.

Figure 4: Roof Plan (refer to attachment for larger image)

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Figure 5: Elevation Height Exceedance Analysis

Table

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Figure 6: Height Exceedance Calculations

Applicant’s Submission

The applicant has submitted a written request to justify the contravention of the development

standard. Council is required to consider subclauses (3), (4) and (5) of clause 4.6. Clause 4.6(3)-(5) are extracted from SLEP 2014 below:

(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

(4) Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Secretary has been obtained.

(5) In deciding whether to grant concurrence, the Secretary must consider:

(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the development standard, and

(c) any other matters required to be taken into consideration by the Secretary before granting concurrence.

Council must be satisfied that clause 4.6(4)(a)(i) and (ii) have been addressed prior to the grant of development consent. That is, a written request must be made, be adequate and be in the public interest because it is consistent with the objectives of the development standard and zone.

Further, the applicant’s written request seeking to justify the contravention of the development standard must adequately address the matters required to be demonstrated by clause 4.6(3). Subclause (3) requires the following two matters to be addressed:

1. That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case (cl 4.6(3)(a)); and

2. That there are sufficient environmental planning grounds to justify contravening the

development standard (cl 4.6(3)(b)). The written request needs to demonstrate both of these matters.

Stepping through the subclauses of cl. 4.6:

Clause 4.6(3)(a) – Compliance with the Development Standard is Unreasonable or

Unnecessary in the Circumstances of the Case.

To assess whether compliance with a development standard is unreasonable or unnecessary the Courts have provided guidance in the required assessment, with particular reference to the accepted "5 Part Test" for the assessment established by the NSW Land and Environment Court (L&EC) in Wehbe v Pittwater Council [2007] NSWLEC 827 the principles outlined in Winten Developments Pty Ltd v North Sydney Council [2001] NSWLEC 46 and further clarified by Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118. The “5-part Test” is outlined as follows:

1. The objectives of the development standard are achieved notwithstanding non-compliance with the standard.

2. The underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary.

3. The underlying objective or purpose would be defeated or thwarted if compliance was

required with the consequence that compliance is unreasonable.

4. The development standard has been virtually abandoned or destroyed by the Council’s own decisions in granting development consents that depart from the standard and hence compliance with the standard is unnecessary and unreasonable.

5. The zoning of the particular land on which the development is proposed to be carried out was unreasonable or inappropriate so that the development standard, which was appropriate for that zoning, was also unreasonable or unnecessary as it applied to that land and that compliance with the standard in the circumstances of the case would also be unreasonable or unnecessary.

The Applicant’s clause 4.6 report prepared for the proposal, does not rely on parts 2-5 of the ‘5 Part Test’ as they are not considered applicable. The argument put forward is focussed on part 1 - the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

The objectives of clause 4.3 (height) are:

(a) to ensure that buildings are compatible with the height, bulk, and scale of the existing and desired future character of a locality;

(b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development; and

(c) to ensure that the height of buildings on or in the vicinity of a heritage item or within a heritage conservation area respect heritage significance.

Applicants Request

The following is an extract from the applicant’s request (inclusive of Figures).

“The proposal is consistent with the above objectives for the following reasons summarised below:

4.3 (a) to ensure that buildings are compatible with the height, bulk, and scale of the existing

and desired future character of a locality;

· The development is consistent with the objectives of the zone and will provide high quality housing close to the town centre.

· Ulladulla town centre is undergoing transformation in built form, character, and land use.

· The proposed development is at forefront of development in the area, but it is anticipated that nearby sites will be redeveloped in the coming years.

· The land opposite zoned B4 with 14m height limit.

· The future character of area is for increased density adjacent to the harbour.

· Shoalhaven 2040 strategic land – use planning statement prioritises medium density apartments in the Ulladulla town centre.

· The penthouse provides further diversity of housing types also supported by Shoalhaven 2040.

· The design retains the adjoining heritage item as the focal point providing good separation and complementary colour variation.

· It will contribute to the vibrancy of the area and support retail and night life.

4.3 (b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development;

· Areas of non-compliant height are central to the site and located way from side boundaries.

· Areas of height exceedance located towards the interface of Block A and Block B which minimise the impact on existing development located on adjoining sites.

· Elements of encroachment positioned on land with a natural ground level lower than street elevation minimising visual intrusion into the skyline.

· Given the topography of some of the properties to north west currently gain views to Harbour which will be affected, however the height exceedance will not significantly worsen this impact, as can be seen in the superimposed photomontages below Fig 8-11.

· The design is broken up into elements of varying heights thereby reducing visual intrusion of the elements when viewed from a distance.

· While the subject development may now impact on view loss when future development occurs the building will be obscured by similar buildings located uphill from the site.

· Height exceedance is primarily associated with lift overruns and roofing, and the only potential for loss of privacy is from penthouse which has been designed with increased setbacks from boundaries (8.81m from south and 7.775m from the north).

· Setbacks comply with Apartment Design Guidelines for privacy.

· Solid balustrading and planter boxes on penthouse will minimise loss of privacy.

· Proposed setback of areas of height exceedance means solar access is absorbed into shadows cast by compliant building components.

· Height exceedances do not contribute significantly towards any additional overshadowing of neighbouring properties as shown in shadow diagrams below.

Figure 12 Shadow Diagrams

4.3 (c) to ensure that the height of buildings on or in the vicinity of a heritage item or within a heritage conservation area respect heritage significance.

· The site adjoins Heritage listed Millards Cottage to the south. The Heritage Assessment Report (Borst & Co. Architecture) finds that the generous separation between the heritage item and proposed development, coupled with other design elements which minimise bulk and scale result in limited impact to the item. The proposed development is located to the north of the heritage item and will not dominate the existing streetscape or Princes Highway frontage, nor will it impede the existing sight lines to and from the heritage item. It is also visually separated by the gum tree as can be seen in Figure 13.

Clause 4.6(3)(a) Evaluation of the written request relating to Clause 4.6(3)(a)- Compliance with the development standard is unreasonable or unnecessary.

The consent authority must form the opinion of that the applicant’s written request(s) have adequately addressed those matters required to be demonstrated by clause 4.6(3)(a). The applicant has applied the first test established in Wehbe v Pittwater Council to argue that the development standard is unreasonable or unnecessary in the circumstances of the case because the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

Discussion

It is accepted that the proposed height exceedance will meet the objectives of the development standard clause 4.3 Height of Building given that the areas of the building that exceed the limit are the lift overruns and the roof of the penthouse which are towards the middle of the buildings, and setback from the side boundaries of 8.1m and 7.75m. The sloping (down) of the site from the Princes Highway will also mean the areas of height exceedance will not be visually prominent and excessive as viewed from the highway. Nor does it pose a significant impact on privacy or overshadowing of neighbouring properties given the location of the protrusions in the centre of the building site.

Although views to the northwest of the site from existing development will be impacted, as the applicant states, the areas of height exceedance do not have a significant impact on view loss. The impacts on the view are substantially from the compliant components of the building. Accordingly, if there were to be a height reduction of the non-compliant components, there would not be a substantive improvement.

The site and surrounds have been zoned R3 Medium Density and B4 Mixed Use with the expectation of higher density living in close proximity to the town centre. Future buildings will inevitably be multiple storey developments.

The design recognizes the adjoining heritage item ‘Millards Cottage’. There is a separation, building design elements and large gum tree adjacent to the boundary which will soften the backdrop view of the development behind. There is no doubt that there will be a contrast between the new and the old however it is not considered appropriate to have a new development replicate or mimic the historic architecture in this context. The cottage will retain its visual prominence in that it is located on a corner site and the significant and historic qualities will remain readily identifiable given the contrast between the new and the old.

A view assessment in accordance with the Planning Principle set out in the case Tenacity Consulting v Warringah Council has been undertaken at Appendix 1 in the s4.15 Planning Assessment Report. The view loss is considered to be minor and reasonable in the circumstances.

Given the circumstances outlined above, the proposed height exceedance is considered reasonable having regard to the building design, its purpose and site characteristics.

The proposed development will contribute to housing diversity in Ulladulla and is suitably located in a highly desirable high amenity location within walking distance of the town centre, harbour and opposite the Rotary Park.

Therefore, compliance with the development standard is considered to be unreasonable and unnecessary in the circumstances of the case.

Clause 4.6(3)(b) Evaluation - There are sufficient environmental planning grounds to justify contravening the development standard

The consent authority must form the positive opinion that the applicant’s written request has adequately addressed those matters required to be demonstrated by clause 4.6(3)(b).

To demonstrate that there are sufficient environmental planning grounds to justify contravening the development standard, Preston CJ in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, held that the grounds relied on by the applicant in the written request under cl 4.6 must be “environmental planning grounds” by their nature: see Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 at [26]. The adjectival phrase “environmental planning” is not defined but would refer to grounds that relate to the subject matter, scope, and purpose of the EPA Act, including the objects in s 1.3 of the EPA Act.

In the judgment, Preston CJ outlined the two methods for demonstrating that a Clause 4.6 is “sufficient at paragraph [24] of case as follows:

First, the environmental planning grounds advanced in the written request must be sufficient “to justify contravening the development standard”. The focus of cl 4.6(3)(b) is on the aspect or element of the development that contravenes the development standard, not on the development as a whole, and why that contravention is justified on environmental planning grounds. The environmental planning grounds advanced in the written request must justify the contravention of the development standard, not simply promote the benefits of carrying out the development as a whole: see Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 at [15].

Second, the written request must demonstrate that there are sufficient environmental planning grounds to justify contravening the development standard so as to enable the consent authority to be satisfied under cl 4.6(4)(a)(i) that the written request has adequately addressed this matter see Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 at [31].

Applicants Request

The applicant’s clause 4.6 request seeks to justify the height exceedance by setting out environmental planning grounds in favour of the variation. Those grounds are summarised as follows:

· The proposal is consistent with the objectives of the R3 Medium Density zone as it provides 22 apartments of a variety of configuration and sizes that will meet the community needs by providing additional housing close to the town centre and public foreshore.

· The locality is undergoing a transition to taller buildings at higher density, and it is appropriate in the high amenity location and north east gateway to Ulladulla.

· The proposal is consistent with the relevant objects at section 1.3 of the EP & A Act which include:

“(c) to promote the orderly and economic use and development of land…

(g) to promote good design and amenity of the built environment…

(h) to promote the proper construction and maintenance of buildings, including the protection of the health and safety of their occupants…”

The design is compliant with the Apartment Design Guide (ADG) and State Environmental Planning Policy No 65 (SEPP 65) – Design Quality of Residential Apartment Development, except for minor variations to the side setbacks which have been addressed in the building design. As is the case with DCPs, the ADGs have acceptable design solutions, however performance-based solutions (alternatives) are available where it can be demonstrated that the purpose of the control is not compromised (e.g., privacy, overshadowing).

The design and siting of the development has regard to the site attributes and location.

In regard to Object (g), the lift overruns do not detract from the architectural design merit or the amenity of the surrounding buildings. The building materials and penthouse promote good design and improve the amenity of the building for future residents.

In regard to Object (h) universal access via the lift is a positive element for health and safety of future occupants. The lift has been designed with a minimum dimensioned overrun selected to minimise height and bulk and strict numeric compliance would not be consistent.

· Of relevance are the comments by Roseth SC in Veloshin v Randwick Council [2007] NSWLEC 428:

“30 The debate about height and bulk can be meaningful only against the background of local planning controls, such as maximum height, floor space ratio, site coverage and setbacks.”

The proposal complies with the FSR and landscaping controls.

The lift overrun, and penthouse do not contribute to the perception of bulk (controlled by FSR). The scale and massing is not out of character with the desired future building character in the locality.

· It will be consistent with the emerging and desired future character for development in the locality.

· Is consistent with the Shoalhaven Character Statement 2020 as the building provides a diversity of housing and makes a positive contribution to the character of Ulladulla.

· The height exceedance does not have a significant additional impact on view loss which results from views obscured by the first two storeys of the building.

Discussion

The applicant’s written request demonstrates sufficient environmental planning grounds to justify contravening the height development standard for this particular proposal for the following reasons:

· The proposal is consistent with the key objectives of the R3 zone in that it provides for the housing needs of the community, providing a variety of housing types within a medium density residential environment.

· In considering the objectives of the zone for the provision of medium density residential uses the proposal is considered contextually appropriate.

· The height of the development exceeds the height of existing surrounding development in the vicinity however it is consistent with the desired future character of the site and its immediate surrounds.

· The site is burdened by both a drainage easement adjacent to the western boundary and a Right of Carriage Way which in total are approximately 300m²and reduces the available land for development.

· The site is affected by a localised flood path that flows along the western boundary towards Millards Creek. This flood impact establishes a minimum built floor level for the carpark to a height of 4m AHD and the entrance driveway to the carpark to a minimum level of 4.4m AHD and therefore limits the available building envelope of the site.

· Is not inconsistent with the relevant Objectives of the EPA Act, SLEP 2014 including height clause and strategic vision for the locality.”

Figure 14 - 1% AEP Post Development Flood Model with 100% blockage.

· The proposed two apartment blocks provide for a view corridor from the north, improve the solar access to the apartments and communal open space and reduce the overall bulk and scale of the development.

· The proposed intrusion above the 11-metre height limit is essentially only for a small section of both buildings being the middle sections, including the lift overruns and part of the penthouse. Most of the buildings conform with the height limit.

· The proposal is consistent with the objectives of the height standard, to ensure that the height of development is appropriate to the condition of the site and its context.

· The proposal is consistent with the desired future character of the area. The area is identified in the Ulladulla Town Centre DCP as a Higher Density Residential Precinct located on the fringe of the central business area which will become increasingly important as an area for supporting higher density residential living within walking distance of the CBD and Harbour foreshore.

· The land across the road to the south is zoned B4 Mixed Use with a 14m height limit and therefore a small section of height exceedance will not look out of character in relation to future development anticipated in the vicinity.

Diagram

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Figure 7: SLEP 2014 Height of Buildings Map

· The proposed areas of height exceedance are only a small portion of the roof which is towards the middle of the apartment blocks and will not be visually prominent considering the topography of the site slopes down from the Princes Highway.

· The proposed lift overruns and penthouse have been designed to be sympathetic to the proposed building and its surrounds and will not cause any additional impacts on views across the site.

· The building height variation does not generate overshadowing impacts on the surrounding properties.

· The design complies with the ADG and SEPP 65 with minor variations to the side setbacks that have been justified by the applicant, assessed in the planning report, and considered to be acceptable.

Consistency with the underlying objectives of the standard:

The objective of the Height Standard is listed at Clause 4.3 (1) of SLEP 2014.

a) to ensure that buildings are compatible with the height, bulk, and scale of existing and desired future character of the locality,

b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,

c) to ensure that the height of building on or in the vicinity of a heritage item or within a heritage conservation area respect heritage significance.

As discussed in the preceding section of the report, the proposed height of the development is appropriate to the context and is compatible with the 11-metre height limit. The extension of the building beyond the 11m height control is predominant at the middle sections of the building being the lift overruns and the penthouse.

The proposal positively responds and satisfactorily addresses the characteristics of the site and its broader context. The proposal is of a height and scale that is sympathetic to its immediate context and the areas of height exceedance to not have any further impacts on views from the north west, it is not visually intrusive, nor does it create privacy or overshadowing issues.

The proposal is a contemporary residential apartment design which is consistent with the desired future character of the immediate surrounds and the objectives of the R3 zone and the Ulladulla town centre precinct.

Clause 4.6(4)(a)(i) Have the matters set out in section 4.6(3) been adequately addressed?

Clause 4.6(4)(a)(i) requires the consent authority to be satisfied that the written request has adequately addressed the matters required to be demonstrated by subclause 3. Rebel MH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 per Preston CJ of LEC at [51] makes it clear that “the consent authority needs to be satisfied that those matters have in fact been demonstrated”. The applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3), because the analysis above has demonstrated that it has.

Clause 4.6(4)(a)(ii) Evaluation – Public Interest

Clause 4.6(4)(a)(ii) states that development consent must not be granted for development that contravenes a development standard unless the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

The applicant has provided sufficient justification as outlined above in the summary of their written request that the top of the lift overrun, and height encroachments are consistent with the objectives of Clause 4.3 relating to height of buildings.

Pursuant to the provisions of the SLEP 2014 the land is zoned R3 Medium Density Residential, the objectives of which are:

· To provide for the housing needs of the community within a medium density residential environment.

· To provide a variety of housing types within a medium density residential environment.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents.

· To provide opportunities for development for the purposes of tourist and visitor accommodation where this does not conflict with the residential environment.

The proposal, being medium density residential development is clearly consistent with the R3 Zone objectives.

The non-compliance with the maximum height limit has minimal impact and is appropriate in this instance and the proposal is considered to be in the public interest.

Clause 4.6 (b) – Concurrence of the Secretary

The Council assumes the concurrence of the Secretary in this instance, when considering the application.

Clause 4.6(5)(a) - Matters of Significance for State or Regional Planning

The non-compliance with the maximum building height development standard will not raise any matter of significance for State or Regional Planning.

Clause 4.6(5)(b) - Public Benefit of Maintaining the Planning Control Standard

In the judgement of Ex Gratia P/L v Dungog Council [2015] (NSWLEC 148), Commissioner Brown of the NSW LEC outlined that the question that needs to be answered in relation to the application of clause 4.6(5)(b) is “whether the public advantages of the proposed development outweigh the public disadvantages of the proposed development”.

It is considered that public advantages of the development will outweigh public disadvantages for reasons outlined in the discussion above.

Clause 4.6(5)(c) - Other matters

No other matters need to be taken into consideration by the Secretary.

Summary

The clause 4.6 variation request adequately addresses the requirements of the clause as it provides justification to support the height exceedance of the proposed residential flat building because:

· The applicant has demonstrated that the proposal is compatible with the bulk and scale of the existing and future character of the locality.

· The proposal will not be visually intrusive, will have minimal impact on privacy and solar access to surrounding development.

· The areas of height exceedance have minimal impact on views in what has been assessed overall as an acceptable impact,

· The design recognises the adjoining heritage item ‘Millards Cottage’.

· The applicant has demonstrated there are sufficient environmental planning grounds to justify contravening the development standard.

· The proposal is consistent with the zone objectives and the objectives of the development standards and is therefore in the public interest.

The clause 4.6 variation request is therefore supported.

Planning Assessment

The DA has been assessed under s4.15 of the Environmental Planning and Assessment Act 1979. Please refer to Attachment 7.

Policy Implications

Not applicable

Consultation and Community Engagement:

Six (6) public submissions were received in relation to Council’s notification of the development. Six (6) were objections to the development, two of which were from the same objector. The notification was made in accordance with Council’s Community Consultation Policy with letters being sent within a hundred (100)m buffer of the site. The application was advertised in the local newspaper. The notification was for a two-week period.

Key issues raised as a result of the notification are provided below.

Issue

Height exceedance

Comment

Height exceedance assessment has been undertaken in accordance with clause 4.6 of the SLEP 2014 and found to be acceptable in the circumstances.

Issue

Four storeys not needed near the Harbour.

Comment

The land is located in the higher residential density precinct according to Council’s DCP Chapter S8 Ulladulla Town Centre with an expectation of higher density development radiating out from the town centre and the central harbour area. Land opposite the site and elsewhere in the CBD area have a height limit of 14m which will facilitate four storey developments in the vicinity.

Issue

Impact on aesthetics of the adjoining heritage item.

Comment

In accordance with the principles of the Burra Charter the proposed new work has considered the siting, bulk form, scale, colour, texture, and material which respect the heritage significance of ‘Millards Cottage’. As discussed in the Heritage Assessment Report by Borst & Co Architecture, this has been achieved through the generous separation between the heritage item and the development, the visual separation provided by the large gum tree, the neutral toned colour and material palette, the proposed landscaping, and the design of the buildings that will complement the character of the heritage item and the surrounding area. The heritage item will retain its prominence in the streetscape and the existing sight lines to and from the heritage item will be preserved.

Issue

Impacts on privacy to properties to the north.

Comment

The properties immediately adjoining to the north have their private open space on the northern side of their dwellings and therefore there will be minimal privacy impacts. The lot is zoned R3 medium density, and a multiple storey development is appropriate to the zone which is for higher density living. Landscaping on the northern boundary is proposed and will assist in providing privacy to properties to the north.

Issue

Protection of Eucalypt on boundary

Comment

There is a large setback between the eucalypt and the building. If the development is approved, conditions can be imposed to ensure the protection of the tree during construction and post development.

Issue

The views of properties to the north west will be impacted.

Comment

As discussed above, there will be some view loss from properties to the north west, however the view loss will be in the most part attributable to the compliant area of the building, i.e., the first two storeys. The bulk and scale of the building is consistent with what is to be expected on a site zoned R3 Medium Density.

Issue

Proposed building height exceeds maximum building height of town centre.

Comment

The proposed maximum height is 14.58m which is only a small part of the building (lift overruns and portion of the penthouse), the majority of the building is height compliant. The lot sits below the Princes Highway and slopes away to the south west, the areas of height exceedance are in the centre of the buildings. Having regard to the design of the development and where the protrusions sit, site attributes, the context of the site and foreshadowed type of development permitted by the zone, the height exceedance is not unacceptable.

The height control is not a prohibition. Clause 4.6 enables variation subject to a satisfactory assessment.

Financial Implications:

Nil, unless the matter is potentially litigated. See below.

Legal Implications

If the application is refused, or if the applicant is dissatisfied with Council’s determination, the applicant is entitled to appeal to the Land and Environment Court.

Under some circumstances, third parties may have a right to appeal Council’s decision to the Land and Environment Court.

Summary and Conclusion

Given the satisfactory assessment of the DA, there are no substantive planning reasons to warrant refusal of the development and conditional approval is recommended.

Ordinary Meeting – Tuesday 03 August 2021

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CL21.172 Create NSW Proposal for a Regional Arts Development Organisation (RADO) for the South Coast

HPERM Ref: D21/132696

Department: Arts & Culture

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Hon. Don Harwin MLC - Proposal Development of New RADO Shoalhaven / Kiama Region - Create NSW - Request for Feedback ⇩

2. Create NSW - Presentation to Councillor Briefing - July 2021 - Development of RADO ⇩

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to the request from Councillors arising from the Briefing by Create NSW on 15 July 2021 on the proposal to investigate and potentially establish a Regional Arts Development Organisation for the South Coast covering the Shoalhaven, Kiama and Shellharbour LGAs.

In March 2021 representations were received from The Hon. Don Harwin MLC and Minister for the Arts seeking to discuss the potential establishment of a Regional Arts Development Organisation initially for the Shoalhaven / Kiama region.

Recommendation

That Council:

1. Provide In Principle support for the proposal by Create NSW to undertake a three (3) month investigation into the establishment of a Regional Arts Development Organisation (RADO) for the South Coast;

2. Receive an update from Create NSW at the conclusion of the investigations;

3. Consider support for a RADO and the likely financial implications as part of the 2022/23 Delivery Program and Operations Plan and Budget;

4. Write to The Minister for the Arts, The Hon. Don Harwin MLC to thank him for this opportunity and provide an update on Council’s In Principle support for the proposal.

Options

1. Adopt the recommendation as printed

Implications: Create NSW and the Minister will continue work to progress the development of a RADO for the South Coast (Shellharbour, Kiama and Shoalhaven) Region, including further consultation with Council and the community.

2. Adopt an alternate recommendation

Implications: Not known at this time.

Background

Following a meeting with The Hon. Don Harwin MLC, Shoalhaven City Council has received a letter from the Minister and Create NSW with regards to their desire to establish a Regional Arts Development Organisation (RADO) for the Shoalhaven Kiama region. Subsequently a Councillor Briefing was held on 15 July 2021 whereby staff from Create NSW made a presentation about RADOs and the proposed process for its establishment.

Background to RADOs

A RADO is a non-profit incorporated association and has a voluntary committee of management / board made up of members who are elected / appointed to the position under rules stated in the RADO constitution.

There are currently 14 RADOS operating across NSW with the number of participating councils for each RADO ranging from 3 to 12 in size.

RADOs’ aim is to provide strategic direction for sustainable arts and cultural development in their regions through broad development programs, projects and specific initiatives to support sectors and communities within the region.

These can be managing grant funding programs, supporting alliances and partnerships, encouraging collaboration, and introducing arts organisations to commercial / business partnerships. They employ staff members who coordinate and implement an arts and cultural development program in partnership with the local government entities in the region within which they operate. Local Government representative(s) are typically on the board of directors.

The RADO staff are led by an Executive Director. The core focus of this position changes based on the region in which they work – for example the role may be more focussed on planning and development projects at a local level to develop a strong arts network across the region, or they may look to a more regional strategic and planning level. The Executive Director engages across regional, state, and federal levels to promote the region, activities and to seek support.

A 2020 review of the RADO network and Regional Arts NSW identified gaps in delivery within some regions and changed the funding model and relationship between the RADOs and Regional Arts NSW (RANSW). This review highlighted the key role of the RADOs within the region and resulted in an increase in direct funding from Create NSW to the RADOs and a change in the Country Arts Support Program (CASP) grants, resulting in these funds being directly managed by the RADOs, rather than through RANSW. There was also a new position added to the Create NSW structure to service the network of RADOs.

RADOs seek to provide independent, autonomous governance for the specific purpose of providing Arts and Cultural services to generate more opportunities and connections progressing art projects and careers of local artists.

Funding for RADOs

RADOs are reliant on funding through partnership between state and local government and through sponsorships / community support.

At present this partnership is set at $168,000pa from Create NSW and a contribution from member councils on a per capita basis.

The funding covers staff salaries, primarily an Executive Director, Administration / Communications staff, and other program staff as suitable for the region, venue and office hire, office and administration utilities and supplies.

Beyond the core funding, additional funding is sought to provide further services and projects to the region. As a not-for-profit organisation (some RADOs have Deductible Gift Recipient (DGR) status), the range of funding options available is far broader than those which are currently accessible by local government or individual artists.

Potential benefits / opportunities provided by a RADO

· Strategic and organisational support for artists and arts providers, both locally and throughout the region.

· Draw on the experience and project ideas from across the state to facilitate local and regional arts-based solutions.

· Online database of artist and arts organisations.

· Stronger links to State and National arts funding.

· Professional arts support and advice to artists and communities.

· Access and support to the Country Arts Support Program (CASP) small grants program.

· Regional promotion and marketing of the arts.

· Training and support for community arts organisations and artists.

· Up to date information regarding the arts and cultural sector such as research and cultural data of the region.

· Facilitated networks between arts organisations, arts businesses and artists within the region and links to the state and national level.

· Development of creative industries and cultural tourism opportunities in the region.

· Support and capacity building for First Nations (or Aboriginal) arts and culture.

· Partnerships between the arts and non-arts sectors

· Access to funding from non-government sources

Approach from Create NSW

The absence of a RADO in the South Coast region was particularly noticeable recently with the dispersal of funding from the Rescue and Restart Funding package. This package provided $130,000 to regions across NSW to support Arts organisations survive and restart following COVID impacts. In most regions the money was disbursed through the RADO. This was not possible in the Shoalhaven / Kiama region and Create NSW ran a rapid response limited grant program for organisations.

The correspondence from the Minister and the presentation from Create NSW are attached. These provide further information relating to the development of a RADO for the South Coast. They seek in-principle support for the proposal and engagement with Councillors in the research and development phase.

The Hon. Don Harwin MLC supports arts and culture in the regions to be more equitable and accessible and views the establishment of a RADO as a key step in providing resources and services for local artists and arts and cultural organisations on the South Coast of NSW. Initially this proposal included Kiama and Shoalhaven LGAs; this, at the request of Kiama Council, has now be extended to include Shellharbour City Council LGA.

Options for progressing the development of a RADO

Create NSW have advised of two options for progressing the development of a RADO.

Option 1:

A new Not for Profit (NFP) organisation is established to operate as the RADO. If this option is chosen, support could be requested from South East Arts to auspice / manage the initial funding and provide the financial and administrative support required for the establishment of the new organisation.

Option

Timeframe

Notes

Option 1

Develop and support a new RADO

FY 2022/23

• Independent, autonomous, and not tied to any historical issues or previous organisational priorities.

• Established for specific and informed purpose.

• Will need additional financial and administrative support prior to establishment to support the foundation of the organization.

• More complex for all parties to establish a new NFP organization, and to be involved in its governance and staffing.

• Will need a period of regional consultation prior to establishment.

Option 2:

An existing organisation operating in the Shoalhaven / Kiama / Shellharbour region would be supported and upskilled to become the RADO for the region.

Option

Timeframe

Notes

Option 2

Support existing, local independent organization to become a RADO

FY 2021/22

• Could be established faster than the establishment of a new, independent organization.

• Could be supported based on prior successful history of providing services and engaging with community.

• Existing organization may not be the right fit for the RADO network

• Local stakeholder organizations may view the appointment unfavourably

• Will need a period of regional consultation prior to establishment.

Create NSW are looking to progress Option 1 as the preferred option, and will engage a consultant for 3 months to investigate this proposal. This will involve undertaking research which will see engagement with an establishing committee, RADOs in neighbouring regions and individuals / arts organisations and communities across the three LGAs.

The establishment of the RADO will require confirmed commitment from all three LGAs in the South Coast. Create NSW are undertaking discussions with relevant parties in each LGA and are continuing to progress the proposal to establish a South Coast RADO based on the feedback from those discussions.

Community Engagement

Create NSW provided a Councillor Briefing on Thursday 15 July. At the briefing Create NSW indicated that they have funding in their 2021/22 program which will provide for the engagement of a consultant over a three (3) month period to undertake further investigations, research and community engagement to determine support for a RADO. Create NSW committed to reporting back to Shoalhaven City Council at the outcome of these investigations.

As part of a video conference on 22 March 2021 with arts and cultural organisations across the Shoalhaven / Kiama region, staff from Create NSW encouraged feedback on the idea of a RADO in the region. Specifically, they asked if artists / arts organisations would be supportive of such a development and if there was an organisation already operating in the region that could be supported to move towards the functions of a RADO.

The general consensus gained from the participants in the session was that a RADO would be well received, that it would need to be supported to have an indigenous cultural liaison officer from the start, have a clear purpose to grow and develop understanding, awareness, and support for indigenous artists of the region.

If Council are supportive of the proposal to develop a RADO, more detailed consultation with arts and cultural organisations, artists and other stakeholders within the Shoalhaven / Kiama / Shellharbour region would need to take place. Further community consultation would be required by Create NSW as part of their commitment to the region and ensuring the RADO is established in a way that is supported by the community.

Policy Implications

As an independent Not-for-Profit arts organisation, the establishment of a RADO will not have any policy implication. However, a RADO in the region may support the development of arts and cultural policies for the Shoalhaven, as they will have an understanding of the sector needs and opportunities.

Financial Implications

Contributing councils are asked to provide an annual funding allocation to support the RADO. This amount is per the RANSW Guide to Minimum Local Government Contributions to Regional Arts Boards in NSW. The information from The Hon. Don Harwin MLC, (attachment 1) indicates the anticipated funding contribution required from Shoalhaven City Council and provides a comparison to other LGAs in the region.

Funding for a RADO

This information indicates possible contributions of South Coast Council’s towards the establishment of a RADO.

Shoalhaven/Kiama RADO - Basic budget

Funding Source	$ p.a.
Shoalhaven LGA (pop. 105,000)	36,000
Kiama LGA (pop. 23,500)	20,000
Shellharbour LGA (pop. 74,600)	36,000
Create NSW annual RADO funding	168,000
CASP funding (if 250,000 split evenly across 15 RADOS)	16,000

Comparative RADO - South East Arts 3 x contributing councils,
91,967 people in coverage area

Funding Source	$ p.a.
Bega Valley Shire (pop. 33,253)	25,000
Eurobodalla Shire (pop. 37,919)	12,000
Snowy Monaro Regional Shire (pop. 20,795)	16,000
Create NSW annual RADO funding	168,000
CASP funding	17,000

Total operating budget forecast of South East Arts 20/21: $710,594.00, made up of Create NSW Operational Funding, Local Government Operational Funding, Federal Government Project Indigenous Arts Funding, Create NSW project funding and non-government project funding.

It is suggested that following a further update to Council by Create NSW at the conclusion of the community engagement phase that the inclusion a funding contribution towards the engagement of a RADO for the South Coast be considered as part of the 2022/23 Delivery Program and Operational Plan and Budget.

Ordinary Meeting – Tuesday 03 August 2021

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CL21.173 Tenders - Sewage Pumping Station Upgrades Project, St Anns Street (SPS3) & Lyrebird Park (SPS2)

HPERM Ref: D21/218330

Department: Water Asset Planning & Development

Approver: Robert Horner, Executive Manager Shoalhaven Water

Reason for Report

To inform Council of the tender process for the Sewage Pumping Station (SPS) Upgrades Project, comprising St Anns Street, Nowra (SPS3) & Lyrebird Park (SPS 2) pumping stations.

In accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, some information should remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it. It is not in the public interest to disclose this information as it may reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. This information will be considered under a separate confidential report.

This report is submitted directly to the Ordinary Council Meeting pursuant to Clause 3 of Council’s “Acceptance of Tenders – Reports to Council” Policy; as the project is considered a priority and the validity period of the tenders would lapse should the project be required to await the next Strategy and Assets Committee meeting.

Recommendation

That Council consider a separate Confidential Report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

Options

1. Accept the recommendation to consider a separate report in Confidential Session.

Implications: This is recommended as the project is considered a high priority and a detailed tender assessment has been undertaken.

2. Council could choose not to accept the recommendation and select a different approach, giving reasons.

Implications: This is not recommended as an extensive tender evaluation process has been undertaken, comprising price and non-price criteria in accordance with the Tender Evaluation Plan.

Details

Shoalhaven Water owns and operates 224 sewage pumping stations (SPSs) throughout its 13 sewerage schemes. As part the asset renewal and upgrade program, it is proposed to increase the capacity of two of the largest and most critical SPSs within the Nowra Scheme, SPS 2 at Lyrebird Park and SPS 3 in St Anns Street. The replacement and upgrade work is part of a larger program which includes the replacement and upsizing of the rising mains that transport the sewage from these SPSs to Nowra Wastewater Treatment Plant (WwTP).

The two SPSs are ageing, having been originally constructed in the 1950s (SPS 2) and 1960s (SPS 3). Both assets are reaching the end of their useful lives and require replacement to reduce the overall risk of failure (and overflow) and to cater for future development west of Nowra, e.g. Mundamia.

SPS 2 is located between sporting fields in Lyrebird Park, Nowra. The existing SPS consists of a wet well with an approximate internal diameter of 6.9 metres, surrounding a dry well of approximately 2.7 metres internal diameter. During periods of heavy rainfall, the volumes of transported sewage in the catchment network can greatly increase, causing increased demand on the Lyrebird Park SPS and increasing risk of failure (and overflow). Shoalhaven Water proposes to upgrade the Lyrebird Park pumping station to improve the performance and reliability of the infrastructure.

SPS 3 is a major sewerage pumping station which serves a large existing catchment of approximately 1,650 residential dwellings. It is the main collector station for several upstream pumping station catchments in the south and south-western areas of Nowra. SPS 3 is a conventional wet well sewage pumping station that pumps sewage to the Nowra STP via a 400mm diameter HDPE rising main (recently upgraded from 300mm asbestos cement).

Similar to Lyrebird Park SPS, this pumping station also experiences significant increases in sewage flows during heavy rain events and can lead to overflows to the adjacent Nowra Creek.

A large emergency storage tank was constructed at SPS 3 in 2014, to reduce the frequency and volume of overflow events. Whilst the tank has assisted in alleviating some operational pressures the risk of failure remains high due to the assets within the pump station reaching the end of their useful life, e.g. pump capacity.

Upgrade of the St Anns Street pumping station is also required due to the growth and demand in the West Nowra area for development areas such as Mundamia and Cabbage Tree Lane URAs.

Completion of this project will result in major improvements to Shoalhaven Water’s sewerage system and will provide improved environmental outcomes and reduced operation and maintenance costs within these critical areas.

A Tender Evaluation Plan (TEP) consistent with the Conditions of Tendering was prepared by the Tender Evaluation Committee (TEC) prior to evaluation of tenders.

All TEC members were to disclose any current associations with any of the tenderers or their companies, or any other circumstances that could lead to a conflict of interest. No conflicts of interest were recorded.

Tenders were invited from the public (Open Tender) via Tenderlink on 11 May 2021. Prospective tenderers were invited to attend a non-mandatory pre-tender briefing and site visits on 18 May 2021.

Tenders closed at 10am on 8 June 2021 with a total of 2 tenders received by the deadline. No tenders were received after the deadline.

Council is requested to consider the tender evaluation in the separate Confidential Report.

Tenders Received

Tenders were received from the following:

Tenderer	Location
Hisway Pty Ltd	13a Investigator Street, Nowra NSW 2541
Quay Civil Pty Ltd	Suite 3.12, 32 Delhi Road North Ryde, NSW 2113

Details relating the evaluation of the tenders are contained in the Confidential Report.

Community Engagement

A Review of Environmental Factors (REF) was originally prepared for the combined project in 2015 by consultant GHD Pty Ltd, and shortly after the project was placed on hold due to resourcing limitations and the need for the REMS 1B project to be complete to enable additional flow to the Nowra STP.

With the completion of the REMS 1B, Shoalhaven Water is now able to progress this project and in 2020 engaged EMAP Consulting Pty Ltd to prepare a revised REF (determined by Council 23 June 2020 under MIN20.451) to re-assess the environmental impacts on the proposed activity, accounting for any legislative changes since the original project REF was prepared in 2015.

Additional community and stakeholder engagement prior to and during the construction is proposed, with a dedicated project webpage to be established under Council’s ‘Major Projects & Works’ portal.

Policy Implications

Procurement Policy – POL18/74 – The tender for this project has been undertaken in accordance with Council’s Purchasing Policy. The recommendation for this report is consistent with the provision of Council’s Purchasing Policy.

Financial Implications:

Adequate funds have been allocated in the sewer budget to complete the construction of the upgrade works in 2021/22.

Tenderer	Location
BY Group Pty Ltd	Sanctuary Point
Civil Project Management Group	South Nowra
Lloyd Group	North Wollongong
Project Coordination (Australia) Pty Ltd	Unanderra
CRL Projects Pty Ltd	North Wollongong
Makki Constructions	Rockdale

Phase	Date	Amount	Description
Delivery	July 2021	$1,555,000	Contract Variation letter for Early works for Far North Collect including fencing, clearing, site preparation, soil management and utility & environment protection activities
Delivery	Nov 2021	$17,200,000	Open Tender Contract Award for the connection from Illaroo Road to Moss Vale Road
Delivery	March 2022	$4,000,000	Contract Variation letter for the construction of the Moss Vale Road Intersection with FNC and its commencement
Delivery	July 2022	$900,000	Contract Variation letter for the Construction of Taylors Lane and its commencement
Delivery	Dec 2023	$1,600,000	Construction complete - Open to traffic Event
Delivery	Dec 2024	$1,600,000	Submission and acceptance of satisfactory Post Completion Report