Minutes of the Development & Environment Committee

Meeting Date:     Tuesday, 5 October 2021

Location:            Microsoft Teams

Time:                   5.01pm

The following members were present (remotely):

Clr Mitchell Pakes - Chairperson

Clr Amanda Findley

Clr Joanna Gash

Clr John Wells

Clr Patricia White

Clr Kaye Gartner – joined the meeting 5:06pm

Clr Nina Digiglio

Clr Annette Alldrick

Clr John Levett

Clr Andrew Guile – joined the meeting 5:22pm – left at 7:00pm

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence

Nil

Confirmation of the Minutes

RESOLVED (Clr Watson / Clr White)                                                                                   MIN21.685

That the Minutes of the Development & Environment Committee held on Tuesday 07 September 2021 be adopted with the following amendment:

Clr Watson was not present during discussion of Item 21.94 - DA20/1466 – 8-12 Princes Highway Mollymook – Lot 1 & 2 DP518702 & Lot 3 DP523625 – due to internet issues.

CARRIED

Declarations of Interest

Clr Proudfoot – DE21.119 - Proposed Road Closure - Lot 4 DP 872852 (Vincentia) St Georges Basin Country Club and Response to Questions on Notice – less than significant non pecuniary interest declaration –will leave the meeting and not take part in discussion or vote – He is the President of the St Georges Basin Country Club.

Clr Gash – DE21.112 – Proposed Coastal Amendment – Shoalhaven DCP 2014 Amendment (DCP2014.39) – less than significant non pecuniary interest declaration –will remain in the meeting and will take part in discussion and vote – She is a resident of the area.

Deputations and Presentations

The following deputations were made available on Council’s website:

DE21.114 – Planning Proposal Request – Willinga Park Equestrian Centre, Bawley Point

Jim Buda – AGAINST

Peter Talbot – AGAINST

Tony Sattler – AGAINST

Robert Chambers – BBC Consulting Planners representing Capital Corporation Pty Ltd – FOR

DE21.120 - Development Application – DA21/1527 – 5 The Concourse Cambewarra Village – Lot 2011 DP 105276

Gregory Davison – AGAINST

DE21.121 – DA20/2312 – 42 Duncan St, Huskisson – Lot 5 Sec 9 DP 758530

Nicholas Reddy representing the Applicant - AGAINST

Notices of Motion / Questions on Notice

DE21.105   Notice of Motion - Ulladulla Milton Lions Club - Local Farmers Producers Markets	HPERM Ref: D21/414855
Recommendation That Council provide a donation of $2,200 from the unallocated donations budget to the Ulladulla Milton Lions Club for the Local Farmers Producers Markets to be held at Burrill Lake.
RECOMMENDATION (Clr White / Clr Kitchener)                                                                                    That Council provide a donation of $2,200 from the unallocated donations budget to the Ulladulla Milton Lions Club for the Local Farmers Producers Markets to be held at Burrill Lake. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

Note: Clr Gartner joined the meeting at 5:06pm.

DE21.106   Notice of Motion - Village Green St. Georges Basin	HPERM Ref: D21/415518
Recommendation That Council: 1.    Resolve to reclassify 132 Island Point Road, St Georges Basin (Lot 10 DP1143842) from operational to community land, following the registration of a sewer easement to Shoalhaven Water on the northern boundary. 2.    Undertake house-keeping amendments to the DCP/LEP as required to remove the future proposed car-parking and other services and adjust the zoning if necessary, at an appropriate time determined by Council. 3.    Notify Basin Villages Forum of the changes.
RECOMMENDATION (Clr White / Clr Levett) That Council: 1.    Resolve to reclassify 132 Island Point Road, St Georges Basin (Lot 10 DP1143842) from operational to community land, following the registration of a sewer easement to Shoalhaven Water on the northern boundary. 2.    Undertake house-keeping amendments to the DCP/LEP as required to remove the future proposed car-parking and other services and adjust the zoning if necessary, at an appropriate time determined by Council staff. 3.    Notify Basin Villages Forum of the changes. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil carried

Note: Clr Guile joined the meeting at 5:22pm.

DE21.107   Notice of Motion - Community Car Sales Markets	HPERM Ref: D21/418532
Recommendation (Item to be determined under delegated authority) That Council report back on the feasibility of establishing Community Car Markets at appropriate locations across the Shoalhaven to accommodate private sellers of cars, motorcycles, boats, trailers, caravans etc. It is envisaged that these markets would ultimately be run by a “not for profit” organisation and that proceeds be used to assist the homeless in the Shoalhaven.
MOTION (Clr Levett / Clr Alldrick)                                                                                        MIN21.686 That: 1. Council report back on the feasibility of establishing Community Car Markets at appropriate locations across the Shoalhaven to accommodate private sellers of cars, motorcycles, boats, trailers, caravans etc. It is envisaged that these markets would ultimately be run by a “not for profit” organisation. 2. The proposal be advertised publicly for submissions prior to the matter being reported back to Council. For:             Clr Findley, Clr Digiglio, Clr Alldrick, Clr Levett and Clr Proudfoot Against:    Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Guile, Clr Watson, Clr Kitchener and Stephen Dunshea LOST

Procedural Motion - Bring Item Forward

RESOLVED (Clr Watson / Clr Guile)                                                                                    MIN21.687

That the following items be brought forward for consideration:

· DE21.119 - Proposed Road Closure - Lot 4 DP 872852 (Vincentia) St Georges Basin Country Club and Response to Questions on Notice

· DE21.114 – Planning Proposal Request – Willinga Park Equestrian Centre, Bawley Point.

· DE21.120 – Development Application – DA21/1527 – 5 The Concourse Cambewarra Village – Lot 2011 DP 105276

· DE21.121 – DA20/2312 – 42 Duncan Street, Huskisson – Lot 5 Sec 9 DP 758530

CARRIED

Note: Clr Proudfoot left the meeting at 5:35pm

DE21.119   Proposed Road Closure - Lot 4 DP 872852 (Vincentia) St Georges Basin Country Club and Response to Questions on Notice	HPERM Ref: D21/354817
Clr Proudfoot - less than significant non pecuniary interest declaration - He is the President of the St Georges Basin Country Club – left the meeting and did not take part in discussion or vote.
Recommendation That Council: 1.    Resolve to close the road reserves that adjoin Lot 4 DP 872852 Vincentia and sell to the owner of Lot 4 being the St Georges Basin Country Club with compensation for the sale of the land payable based on Independent Valuation advice. 2.    Impose the conditions on the proposed closed road requested by Council’s Environmental Services Department as shown below: a.    The 88B Instrument must contain a provision that it cannot be varied, modified, or released without the consent of the relevant parties as appropriate and without the consent of the Shoalhaven City Council. b.    The covenant must stipulate that: -     All native vegetation must be retained unless subject to a formal development application approval under the NSW EP&A Act 1995. -     All retained native vegetation must be declared off limits to course users c.    Upon endorsement by Council the covenant must be registered with LRS or the appropriate land registration body at the time of registration. 3.    Require the portion comprised in the road closure be consolidated into one lot with the      parent Lot being Lot 4 DP 872852. 4.    Require all costs associated with the road closure, registration of documents and sale to be borne by St Georges Basin Country Club. 5.    Authorise the Chief Executive Officer to sign any documentation required to give effect to this Resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.
RECOMMENDATION (Clr White / Clr Pakes) That Council: 1.    Resolve to close the road reserves that adjoin Lot 4 DP 872852 Vincentia and sell to the owner of Lot 4 being the St Georges Basin Country Club with compensation for the sale of the land payable based on Independent Valuation advice. 2.    Impose the conditions on the proposed closed road requested by Council’s Environmental Services Department as shown below: a.    The 88B Instrument must contain a provision that it cannot be varied, modified, or released without the consent of the relevant parties as appropriate and without the consent of the Shoalhaven City Council. b.    The covenant must stipulate that: -     All native vegetation must be retained unless subject to a formal development application approval under the NSW EP&A Act 1995. -     All retained native vegetation must be declared off limits to course users pertaining to Development Application DA 01/1213 and the Environmental Management Plan. c.    Upon endorsement by Council the covenant must be registered with LRS or the appropriate land registration body at the time of registration. 3.    Require the portion comprised in the road closure be consolidated into one lot with the      parent Lot being Lot 4 DP 872852. 4.    Require all costs associated with the road closure, registration of documents and sale to be borne by St Georges Basin Country Club. 5.    Authorise the Chief Executive Officer to sign any documentation required to give effect to this Resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed. For:             Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Kitchener and Stephen Dunshea Against:    Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett carried

Note: Clr Proudfoot returned to the meeting at 5:55pm.

DE21.114   Planning Proposal  Request - Willinga Park Equestrian Centre, Bawley Point	HPERM Ref: D21/376528
Recommendation (Item to be determined under delegated authority) That Council: 1.    Support progressing a Planning Proposal (PP) to amend Shoalhaven Local Environmental Plan (SLEP) 2014 (SLEP 2014) to make ‘function centre’ an additional permissible use (with consent) within the RU2 Rural Landscape Zone on the subject land (Lot 21 DP 1217069 and Lot 33 DP 1259627, being 132 and 123 Forster Drive, Bawley Point) to allow a broader range of functions / events (unrelated to equine activities) at Willinga Park. 2.    Not support the proponent’s request to amend SLEP 2014 to make functions involving less than 351 attendees (excluding staff) ‘development without consent’. 3.    Prepare the PP and submit to the NSW Department of Planning, Infrastructure and Environment (DPIE) for Gateway determination, in accordance with Part 1. 4.    Subject to receiving a favourable Gateway determination, undertake government agency consultation and complete any supporting technical investigations (if required) and publicly exhibit the PP. 5.    Receive a report on the outcome of the public exhibition of the PP. 6.    Advise the proponent and those who made a submission of this decision.
Clr Gartner called a Point of Order against Clr Pakes for accusing Greens Councillors of hypocrisy. The Chairperson ruled against it being a Point of Order. Clr Pakes ruled Clr Findley as being disorderly. Clr Pakes ruled Clr Findley as being disorderly again. Clr Guile raised a Point of Order against Clr Gartner - The Code of Meeting Practice does not permit Councillors raising Conflicts of Interest which may be held by other Councillors. The Chairperson ruled this as a Point of Order.
RESOLVED (Clr Watson / Clr Guile)                                                                                    MIN21.688 That Council: 1.    Support progressing a Planning Proposal (PP) to amend Shoalhaven Local Environmental Plan (SLEP) 2014 (SLEP 2014) to make ‘function centre’ an additional permissible use (with consent) within the RU2 Rural Landscape Zone on the subject land (Lot 21 DP 1217069 and Lot 33 DP 1259627, being 132 and 123 Forster Drive, Bawley Point) to allow a broader range of functions / events (unrelated to equine activities) at Willinga Park. 2.    Support the proponent’s request to amend SLEP 2014 to make functions involving less than 351 attendees (excluding staff) ‘development without consent’. 3.    Prepare the PP and submit to the NSW Department of Planning, Infrastructure and Environment (DPIE) for Gateway determination, in accordance with Part 1. 4.    Subject to receiving a favourable Gateway determination, undertake government agency consultation and complete any supporting technical investigations (if required) and publicly exhibit the PP. 5.    Receive a report on the outcome of the public exhibition of the PP. 6.    Advise the proponent and those who made a submission of this decision. For:             Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Clr Findley, Clr Gartner and Clr Levett CARRIED Note: A Rescission Motion was received on this item.

DE21.120   Development Application – DA21/1527 – 5 The Concourse Cambewarra Village – Lot 2011 DP 105276	HPERM Ref: D21/351366
Recommendation (Item to be determined under delegated authority) That development application DA21/1527 for alterations and additions to existing dwelling including second storey addition involving a clause 4.6 exception to the building height limit (SLEP 2014) at 5 The Concourse CAMBEWARRA VILLAGE - Lot 2011 DP 1052766 be determined by way of refusal for the reasons set out in the Notice of Determination (Attachment 2) to this report.
Motion (Clr Wells / Clr Proudfoot) That item DE21.120    Development Application – DA21/1527 – 5 The Concourse, Cambewarra Village – Lot 2011 DP 105276 be deferred to the Ordinary Meeting to be held on 26 October 2021. For:             Clr Gash, Clr Wells, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Clr Pakes, Clr Findley, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett LOST on the CASTING VOTE of the CHAIRPERSON.
RESOLVEd (Foreshadowed motion) (Clr Gartner / Clr Pakes)                               MIN21.689 That Development Application DA21/1527 for alterations and additions to existing dwelling including second storey addition involving a clause 4.6 exception to the building height limit (SLEP 2014) at 5 The Concourse CAMBEWARRA VILLAGE - Lot 2011 DP 1052766 be determined by way of refusal for the reasons set out in the Notice of Determination (Attachment 2) to this report. For:             Clr Pakes, Clr Findley, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Stephen Dunshea Against:    Clr Gash, Clr Wells, Clr Guile, Clr Watson, Clr Kitchener and Clr Proudfoot CARRIED

DE21.121   Development Application - DA20/2312 – 42 Duncan Street Huskisson – Lot 5 Sec 9 DP 758530	HPERM Ref: D21/341496
Recommendation (Item to be determined under delegated authority) That Development Application DA20/2312 for demolition of the existing dwelling and shed, construction of multi dwelling housing comprising four by two storey dwellings with a common driveway, and strata subdivision, Lot 5 Sec 9 DP 758530, 42 Duncan Street Huskisson be determined by way of refusal, for the reasons contained in the Notice of Determination, Attachment 2 of this report.
RESOLVED (Clr Watson / Clr Proudfoot)                                                                            MIN21.690 This item be deferred pending discussion with Council staff. For:             Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Watson, Clr Kitchener and Clr Proudfoot Against:    Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Stephen Dunshea CARRIED

Note: Clr Guile left the meeting at 7:00pm during discussion of Item DE21.121      Development Application - DA20/2312 – 42 Duncan Street Huskisson – Lot 5 Sec 9 DP 758530.

Procedural Motion - Bring Item Forward

RESOLVED (Clr Pakes)                                                                                                       MIN21.691

That the matter of the following items be brought forward for consideration at the request of Councillors:

· DE21.110 - Proposed Agreement - Delivery of New Key Urban Release Areas Roundabout, Moss Vale Road, Cambewarra

· DE21.117 - Update and Possible Implications - NSW Infrastructure Contributions Reforms

· de21.122 - Development Application - DA21/1392 – Old Southern Rd South Nowra – Lot 2 DP 1065105 & Lot 28 DP 17310

CARRIED

DE21.110   Proposed Agreement - Delivery of New Key Urban Release Areas Roundabout, Moss Vale Road, Cambewarra	HPERM Ref: D21/401521
Recommendation That Council: 1.    Provide ‘in-principle’ support to finalise and enter into an agreement with the owner/developer of stage 1 of Moss Vale Road South Urban Release Area to fund the construction of the new release areas roundabout on Moss Vale Road using the HAF grant funding, consistent with the following key terms: a.    The agreement is subject to Council receiving access to the remaining $2M HAF funding (plus possible contingency) allocated to construction. b.    Council will reimburse the developer’s costs of constructing the roundabout up to a maximum of $2M (plus possible contingency). c.    If Council does not receive access to the remaining HAF funding (plus possible contingency) the agreement will be terminated and Council will not be required to make any contribution towards the developer’s costs of constructing the roundabout. If further negotiations result in substantial changes to the proposed agreement, Council will receive a further report prior to proceeding. 2.    Delegate authority to Council’s Chief Executive Officer, or his delegate, to prepare and enter into an agreement consistent with the key terms at 1(a) - (c). 3.    Notify the Owner/Developer of this resolution.
RECOMMENDATION (Clr Wells / Clr White) That Council: 1.    Provide ‘in-principle’ support to finalise and enter into an agreement with the owner/developer of stage 1 of Moss Vale Road South Urban Release Area to fund the construction of the new release areas roundabout on Moss Vale Road using the HAF grant funding, consistent with the following key terms: a.    The agreement is subject to Council receiving access to the remaining $2M HAF funding (plus possible contingency) allocated to construction. b.    Council will reimburse the developer’s costs of constructing the roundabout up to a maximum of $2M (plus possible contingency). c.    If Council does not receive access to the remaining HAF funding (plus possible contingency), the agreement will be terminated and Council will consider other options to assist with the developers costs of constructing the roundabout. If further negotiations result in substantial changes to the proposed agreement, Council will receive a further report prior to proceeding. 2.    Delegate authority to Council’s Chief Executive Officer, or his delegate, to prepare and enter into an agreement consistent with the key terms at 1(a) - (c). 3.    Notify the Owner/Developer of this resolution. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

DE21.117   Update and Possible Implications - NSW Infrastructure Contributions Reforms	HPERM Ref: D21/403850
Recommendation (Item to be determined under delegated authority) That Council: 1.   Receive this report for information. 2.   Continue to advocate / lobby as necessary for the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 to be withdrawn and / or for appropriate consultation and engagement to occur with Councils before the overall contributions reform package is finalised.
RESOLVED (Clr Findley / Clr Proudfoot)                                                                             MIN21.691 That Council: 1. Receive this report for information. 2. Continue to advocate / lobby as necessary for the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 to be withdrawn and / or for appropriate consultation and engagement to occur with Councils before the overall contributions reform package is finalised. 3. Work with ISJO to make a joint submission to the NSW Government in regard to the proposed changes. 4. Inform LGNSW that Shoalhaven intends to undertake a public campaign with our community that will include a petition to government against any proposed changes. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

DE21.122   Development Application - DA21/1392 – Old Southern Rd South Nowra – Lot 2 DP 1065105 & Lot 28 DP 17310	HPERM Ref: D21/383231
Recommendation (Item to be determined under delegated authority) That Development Application No. DA21/1392 for a Staged Residential Flat Building Development (containing 56 Units, and ancillary communal facilities, internal roads and services) pursuant to the Shoalhaven Local Environmental Plan 2014 at Lot 2 DP 1065105 & Lot 28 DP 17310, Old Southern Rd South Nowra be determined by way of refusal for the reasons contained in Attachment 1 of this report.
RESOLVED (Clr Wells / Clr Proudfoot)                                                                                MIN21.692 That this item be deferred for consideration at the Ordinary Meeting to be held on 26 October 2021. For:             Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Alldrick, Clr Watson, Clr Kitchener and Clr Proudfoot Against:    Clr Findley, Clr Digiglio, Clr Levett and Stephen Dunshea CARRIED

Procedural Motion - Bring Item Forward

RESOLVED (Clr Pakes / Clr Gash)                                                                                      MIN21.693

That the matter of item DE21.112 be brought forward for consideration.

CARRIED

DE21.112   Proposed Coastal Amendment - Shoalhaven DCP 2014 Amendment (DCP 2014.39)	HPERM Ref: D21/337989
Clr Gash - less than significant non pecuniary interest declaration – she is a resident of the area - remained in the meeting and took part in the discussion and voted.
Recommendation (Item to be determined under delegated authority) That Council: 1.    Endorse and proceed to exhibit the draft Amendments to the following chapters of Shoalhaven Development Control Plan 2014 as outlined in Attachment 1, for a period of at least 28 days as per legislative requirements: a.    Chapter N12: Culburra Beach – The Marina Area. b.    Chapter G6: Coastal Management Area. c.    Chapter V2: Building Lines. 2.    Receive a further report on the draft Amendment following the conclusion of the public exhibition period to consider feedback received and enable finalisation of the Amendment. 3.    Extend the review date of POL20/21 ‘DCP Chapter N12: Culburra Beach, The Marina Area – Interim Policy,’ to 2 July 2022, noting it will be rescinded following the adoption and finalisation of the draft Amendment. 4.    Notify the following key stakeholders (including CCBs and Development Industry Representatives) of the exhibition arrangements in due course: a.    Development Industry Representatives and CCBs. b.    All affected landowners of Chapter N12: Culburra Beach – The Marina Area. c.    The landowners directly affected by deletion or substantial amendment to a Chapter V2 Supporting Map.
RESOLVED (Clr Findley / Clr Proudfoot)                                                                             MIN21.694 That Council: 1.    Endorse and proceed to exhibit the draft Amendments to the following chapters of Shoalhaven Development Control Plan 2014 as outlined in Attachment 1, for a period of at least 28 days as per legislative requirements: a.    Chapter N12: Culburra Beach – The Marina Area. b.    Chapter G6: Coastal Management Area. c.    Chapter V2: Building Lines. 2.    Receive a further report on the draft Amendment following the conclusion of the public exhibition period to consider feedback received and enable finalisation of the Amendment. 3.    Extend the review date of POL20/21 ‘DCP Chapter N12: Culburra Beach, The Marina Area – Interim Policy,’ to 2 July 2022, noting it will be rescinded following the adoption and finalisation of the draft Amendment. 4.    Notify the following key stakeholders (including CCBs and Development Industry Representatives) of the exhibition arrangements in due course: a.    Development Industry Representatives and CCBs. b.    All affected landowners of Chapter N12: Culburra Beach – The Marina Area. c.    The landowners directly affected by deletion or substantial amendment to a Chapter V2 Supporting Map. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

Reports

Procedural Motion

RESOLVED (Clr Proudfoot / Clr Gartner)                                                                             MIN21.695

That the following items be resolved en bloc:

· DE21.108 - Kent Lane, Huskisson and Moss Vale Road South URA (Stage 1) Agreements - Alter Process to Works in Kind Agreements

· DE21.109 - Proposed Voluntary Planning and Works in Kind Agreements - Road Construction - Land Dedication/Embellishment - Lot 188 DP 755952, Old Southern Road, South Nowra

· DE21.111 - Proponent Initiated Planning Proposal Request - LEP Clause 7.25 Amendment - Lot 1 DP 1257338 - Moss Vale Road, Kangaroo Valley

· DE21.113 - Jerberra & Nebraska Estates - Draft Policy for the Voluntary Acquisition of 'Residual' E2 Land

· DE21.115 - NSW Standard Instrument Local Environmental Plan - Special Flood Considerations Clause - 'Opt-in' Opportunity

· DE21.116 - Update - Low Cost Loan Initiative - Funding Deeds for Local Infrastructure Projects

· DE21.118 - Adjustment - Delegation - Plan Making (LEP) Process

· DE21.123 - Millards Creek Flood Study

· DE21.124 - Currarong Creek Flood Study

· DE21.125 - Development Application - DA20/1494 – 25 Sunnymede Lane, Berry – Lot 3 DP 713138

CARRIED

Items marked with an * were resolved ‘en bloc’.

DE21.108   Kent Lane, Huskisson and Moss Vale Road South URA (Stage 1)  Agreements - Alter Process to Works in Kind Agreements

HPERM Ref: D21/393617

RESOLVED* (Clr Proudfoot / Clr Gartner)                                                                           MIN21.696 That Council: 1.    Change the agreement mechanism (only) associated with the delivery of the required infrastructure for the Moss Vale Road South URA (Stage 1) (MIN21.448) and the delivery of Kent Lane, Huskisson (MIN21.449) from a Voluntary Planning Agreement to a Works in Kind Agreement.  2.    Continue to delegate authority to Council’s Chief Executive Officer, or his delegate, to prepare and enter into the two WIKAs. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

DE21.109   Proposed Voluntary Planning and Works in Kind Agreements - Road Construction - Land Dedication/Embellishment - Lot 188 DP 755952, Old Southern Road, South Nowra

HPERM Ref: D21/238952

RESOLVED* (Clr Proudfoot / Clr Gartner)                                                                           MIN21.697 That Council: 1.    Provide ‘in-principle’ support to finalise negotiations and enter into the following agreements with the owner/developers of Lot 188 DP 755952; Old Southern Road, South Nowra, as outlined in this report, except where further negotiations result in substantial changes to the proposals, in which case Council will receive a further report prior to proceeding: a.    A Works in Kind Agreement (WIKA) for Stage 1 (SF10631) for the construction of part of Old Southern Road. b.    A Voluntary Planning Agreement (VPA) for Stage 2 (SF10743) for the dedication of the drainage reserve, land for the sewer pumping station, public reserve (and embellishment) and the construction of part of Old Southern Road. 2.    Delegate authority to Council’s Chief Executive Officer, or his delegate, to: a.    Prepare and enter into the WIKA for Stage 1. b.    Prepare the draft VPA and associated Explanatory Note for Stage 2, including the addition of a provisional clause encompassing the security of indexation in line with the Shoalhaven Contributions Plan 2019 to compensate for inflation and the potential timing of the VPA. c.    Publicly exhibit the draft VPA and associated Explanatory Note for a minimum period of 28 days as required by legislation.  d.    Enter into the Planning Agreement consistent with the detailed key terms, except where objections or substantial issues are raised as a result of public notification, in which case the Planning Agreement is to be reported to Council before it is entered into. 3.    Endorse the allocation of deleted funds from Planning Area 1 to cover the shortfall in available funds relating to the construction of Old Southern Road.  If there is not enough in the Planning Area 1 deleted funds budget to cover the shortfall, the remaining shortfall is to be covered by the developer upfront and reimbursed back to the developer as contributions are received overtime for 01ROAD2038, to the value of the difference. 4.    Provide ‘in principle’ support for the allocation of funds from Council’s General Fund for the construction of the additional 2.8m in Old Southern Road width and the widening of the footpath outcome to a shared user path in some locations along Old Southern Road.  Once detailed costs are known, formal consideration is to be made at the next appropriate quarterly budget review.   5.    Request Council staff to continue to consider funding opportunities (grants, general budget etc.) to ensure that shade structures are provided in the proposed SF10743 (Stage 2) public reserve post embellishment and dedication. 6.    Notify the Owner/Development of this resolution. 7.    Notify landowners adjacent to the proposed Old Southern Road works of the public exhibition arrangements for the VPA in due course. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

DE21.110   Proposed Agreement - Delivery of New Key Urban Release Areas Roundabout, Moss Vale Road, Cambewarra	HPERM Ref: D21/401521
Item dealt with earlier in the meeting.

DE21.111   Proponent Initiated Planning Proposal Request - LEP Clause 7.25 Amendment - Lot 1 DP 1257338 - Moss Vale Road, Kangaroo Valley

HPERM Ref: D21/395673

RESOLVED* (Clr Proudfoot / Clr Gartner)                                                                           MIN21.698 That Council: 1.    Support the Planning Proposal (PP) request to amend Shoalhaven Local Environmental Plan 2014 (SLEP 2014) consistent with the explanation of provisions outlined in this report, primarily to permit Strata subdivision of the designated multi dwelling housing lot that was approved under LEP Clause 7.25, without increasing the number of dwellings. 2.    Prepare and submit the required PP documentation to the NSW Department of Planning, Industry and Environment for Gateway determination, and dependent on the outcome proceed to exhibit the PP and report back to Council post-exhibition. 3.    Advance the matter as a ‘minor’ proponent-initiated Planning Proposal with fees charged in accordance with Council’s adopted Fees and Charges. 4.    Advise the proponent of this resolution. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

DE21.112   Proposed Coastal Amendment - Shoalhaven DCP 2014 Amendment (DCP 2014.39)	HPERM Ref: D21/337989
Item dealt with earlier in the meeting see MIN21.694.

DE21.113   Jerberra & Nebraska Estates - Draft Policy for the Voluntary Acquisition of 'Residual' E2 Land

HPERM Ref: D21/352167

RESOLVED* (Clr Proudfoot / Clr Gartner)                                                                           MIN21.699 That Council: 1.    Proceed to: a.    Adopt the draft Policy for the Voluntary Acquisition of ‘Residual’ E2 Land in the Jerberra & Nebraska Estates with immediate effect for the Jerberra Estate (Attachment 1); b.    Classify all land acquired under the Policy as Community Land – Natural Area – Bushland under s31 & s36 of the Local Government Act 1919 and s101 of the NSW Local Government (General) Regulation 2021; c.    Meet reasonable conveyancing costs (valuation and solicitors fees) directly related to transfer of Residual E2 Land to Council but not including any legal costs incurred by the vendor in pursuit of dispute resolution; 2.    Endorse the allocation of net profits from the sale of Council’s developable land, as identified on the maps at Attachments 2 and 3, to the Jerberra and Nebraska Estates Property Reserve to fund purchases of the E2 Land and management activities as outlined in the Policy; 3.    Receive for information, the: a.    Strategic independent valuation reports for the relevant land in Jerberra & Nebraska Estates prepared by Opteon P/L for information (Attachments 4 & 5); b.    Summary report on Community Engagement (Attachment 7); 4.    Note that: a.    The Policy will also only apply to land in the Nebraska Estate, St Georges Basin if/when the Planning Proposal (LP145.1) for the Estate has been finalised and the land rezoned, at which point the Policy and Figure 3 in it will need to be updated to reflect the final outcome; b.    The independent strategic valuation advice (Recommendation 3a) is valid at the date of valuation only and that each proposed sale to/by Council will require an independent valuation prepared not more than 6 months prior to the date of offer;  c.    Subject to internal Council discussion, Standard Operating Procedures (SOPs) and/or Work Instructions may need to be developed to support implementation of the Policy. d.    All Jerberra and Nebraska Estates landowners who either responded to the targeted survey or provided comments on the proposed Policy will be advised of Council’s decision. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

DE21.114   Planning Proposal  Request - Willinga Park Equestrian Centre, Bawley Point	HPERM Ref: D21/376528
Item dealt with earlier in the meeting see MIN21.688.

DE21.115   NSW Standard Instrument Local Environmental Plan - Special Flood Considerations Clause  - 'Opt-in' Opportunity

HPERM Ref: D21/395672

RESOLVED* (Clr Proudfoot / Clr Gartner)                                                                           MIN21.700 That Council opt-in to adopt the Standard Instrument ‘Special Flood Considerations’ clause and specify that ‘sensitive and hazardous development’ to which the clause applies includes the following land uses: correctional centres, early education and care facilities, educational establishments, emergency services facilities, group homes, hospitals, respite day care centres, seniors housing, hazardous industries, hazardous storage establishments.   For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

DE21.116   Update - Low Cost Loan Initiative - Funding Deeds for Local Infrastructure Projects

HPERM Ref: D21/400046

RESOLVED* (Clr Proudfoot / Clr Gartner)                                                                           MIN21.701 That Council receive the update report on the progress of the successful Low Cost Loan Initiative for local infrastructure projects and the signing of the related deeds for information. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

DE21.117   Update and Possible Implications - NSW Infrastructure Contributions Reforms	HPERM Ref: D21/403850
Item dealt with earlier in the meeting see MIN21.691.

DE21.118   Adjustment - Delegation - Plan Making (LEP) Process

HPERM Ref: D21/389439

RESOLVED* (Clr Proudfoot / Clr Gartner)                                                                           MIN21.702 That Council, pursuant to Section 381 of the Local Government Act, consents to the Minister for Planning and Public Spaces giving the required delegations under Section 2.4 of the Environmental Planning & Assessment Act, in regard to the plan making process, to the positions of Chief Executive Officer, Director City Futures and Strategic Planning Manager. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

DE21.119   Proposed Road Closure - Lot 4 DP 872852 (Vincentia) St Georges Basin Country Club and Response to Questions on Notice	HPERM Ref: D21/354817
Item dealt with earlier in the meeting.

DE21.120   Development Application – DA21/1527 – 5 The Concourse Cambewarra Village – Lot 2011 DP 105276	HPERM Ref: D21/351366
Item dealt with earlier in the meeting see MIN21.689.

DE21.121   Development Application - DA20/2312 – 42 Duncan Street Huskisson – Lot 5 Sec 9 DP 758530	HPERM Ref: D21/341496
Item dealt with earlier in the meeting see MIN21.690.

DE21.122   Development Application - DA21/1392 – Old Southern Rd South Nowra – Lot 2 DP 1065105 & Lot 28 DP 17310	HPERM Ref: D21/383231
Item dealt with earlier in the meeting see MIN21.692.

DE21.123   Millards Creek Flood Study

HPERM Ref: D21/393323

RESOLVED* (Clr Proudfoot / Clr Gartner)                                                                           MIN21.703 That Council receive this report for information and adopt the completed Millards Creek Flood Study. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

DE21.124   Currarong Creek Flood Study

HPERM Ref: D21/393454

RESOLVED* (Clr Proudfoot / Clr Gartner)                                                                           MIN21.704 That Council receive this report for information and adopt the completed Currarong Creek Flood Study. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

DE21.125   Development Application - DA20/1494 – 25 Sunnymede Lane, Berry – Lot 3 DP 713138

HPERM Ref: D21/415340

RESOLVED* (Clr Proudfoot / Clr Gartner)                                                                           MIN21.705 That Council consider the separate confidential report on this matter in accordance with Section 10A(2)(g) of the NSW Local Government Act 1993. For:             Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against:    Nil CARRIED

Confidential Reports

Pursuant to Section 10A(4) the public were invited to make representation to the meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.

No members of the public made representations.

RESOLVED (Clr Findley / Clr Alldrick)                                                                                 MIN21.706

That the press and public be excluded from the Meeting, pursuant to section 10A(1)(a) of the Local Government Act, 1993, to consider the following items of a confidential nature.

CDE21.1         Development Application - DA20/1494 – 25 Sunnymede Lane, Berry – Lot 3 DP 713138

Advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.10(A)(2)(g)

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to prejudice the prevention, detection or investigation of a contravention or possible contravention of the law or prejudice the enforcement of the law.

CARRIED

The meeting moved into confidential the time being 7:43pm.

The meeting moved into open session, the time being 8:00pm.

Report from confidential session

The following resolutions of the meeting, whilst closed to the public, were made public.

CDE21.1    Development Application - DA20/1494 – 25 Sunnymede Lane, Berry – Lot 3 DP 713138

HPERM Ref: D21/415101

RESOLVED MIN21.707C That Council approve the in-principle agreement in relation to the Land and Environment Court Class 1 Application in proceedings 2021/00210632 and 2021/00210800 relating to Development Application (DA20/1494) for change of use of existing ancillary structure (shed) to detached habitable rooms and associated Building Information Certificate application (BC21/1056) for the unauthorised works at 25 Sunnymede Lane, Berry (Lot 3 DP 713138). CARRIED

MATTERS OF URGENCY

Procedural Motion - Matters of Urgency

Motion (Clr Levett / Clr Pakes)

That an additional item to call in DS21/1353 – 76 West Crescent, Culburra Beach be introduced as a matter of urgency.

The Chairperson ruled the matter as urgent as being in the public interest.

DE21.126   DS21/1353 - 76 West Crescent, Culburra Beach

RESOLVED (Clr Levett / Clr Pakes)                                                                                    MIN21.708

That Council call in DS21/1353 – 76 West Crescent, Culburra Beach - Lot 298 DP 11892 -  Detached Relocated Dwelling to Create Detached Dual Occupancy for determination.

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

Against:    Clr Proudfoot

CARRIED

There being no further business, the meeting concluded, the time being 8:04pm.

Clr Pakes

CHAIRPERSON