Minutes of the Development & Environment Committee
Meeting Date: Tuesday, 2 March 2021
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Time: 5.01pm
The following members were present:
Clr Mitchell Pakes - Chairperson
Clr Amanda Findley
Clr Joanna Gash
Clr John Wells
Clr Patricia White
Clr Kaye Gartner
Clr Nina Digiglio
Clr Annette Alldrick
Clr Andrew Guile – (remotely) joined 5.06pm
Clr John Levett
Clr Greg Watson
Clr Mark Kitchener
Clr Bob Proudfoot
Mr Stephen Dunshea - Chief Executive Officer
Nil
RESOLVED (Clr Proudfoot / Clr Digiglio) MIN21.102 That the Minutes of the Development & Environment Committee held on Monday 18 January 2021 be confirmed.
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Nil
Introduction of Items as Matters of Urgency |
RESOLVED (Clr Findley) MIN21.103 That the following addendum reports be introduced as matters of urgency: 1. DE21.20 Mayoral Minute - Exploration License Application 6196 Cudmirrah
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The Chairperson ruled the matters as ones of urgency as they relate to urgent business of Council and allowed their introduction.
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DE21.20 Mayoral Minute - Exploration License Application 6196 Cudmirrah |
HPERM Ref: D21/79598 |
Recommendation (Item to be determined under delegated authority) That Council: 1. Make a submission to the NSW Resource Regulator in respect to ELA 6196 (Exploration License Application) expressing concerns in regard to the establishment of a license over high value conservation nature of the land that is being applied for, its proximity to a residential settlement and possible negative impacts on Swan Lake. According to NSW Estimates “Regional NSW, Industry & Trade” the application has been “put on hold while we gather information” (Beattie to Field, page 58, Attachment 1). 2. Write to the Premier, Deputy Premier, Minister for Local Government, Minister for Environment, Minister for Planning and the Shadow Ministers, advising that Council supports the communities of Cudmirrah / Swan Haven and Sussex Inlet desire to be removed from the exploration license register and remain mine free. 3. Notes that correspondence has been received from Jerrinja Land Council notifying that the area covered by the ELA mapping is highly sensitive and of high cultural significance.
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RESOLVED (Clr Findley / Clr White) MIN21.104 That Council: 1. Support the local residents and community organisations in their campaign to ensure no applications for exploration or mining or extraction takes place in their local area and provide assistance to residents where requested or necessary. 2. Make a submission to the NSW Resource Regulator in respect to ELA 6196 (Exploration License Application) expressing concerns in regard to the establishment of a license over high value conservation nature of the land that is being applied for, its proximity to a residential settlement and possible negative impacts on Swan Lake. According to NSW Estimates “Regional NSW, Industry & Trade” the application has been “put on hold while we gather information” (Beattie to Field, page 58, Attachment 1). 3. Write to the Applicant Geoscience Australia Pty Ltd and their Consultants Austwide Mining Management Pty Ltd confirming that Shoalhaven City Council does not support any application(s) for exploration, extraction or mining of construction sand or minerals in the Cudmirrah, Swanhaven or Berrara areas. 4. Write to the NSW Government - Premier, Deputy Premier, Minister for Local Government, Minister for Environment, Minister Planning and Opposition Leader - confirming that Council does not support any exploration, extraction or mining applications in the Cudmirrah, Swanhaven, or Berrara areas. 5. Notes that correspondence has been received from Jerrinja Land Council notifying that the area covered by the ELA mapping is highly sensitive and of high cultural significance. 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
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DE21.11 - Exhibition Outcomes - Proposed Finalisation of Planning Proposal (PP052) - The Arbour Victoria Street, Berry
James Robinson - FOR
DE21.12 - DA20/1966 - 29 Strongs Road, Jaspers Brush - Lot 215 DP 1210788 - Single A-Frame Advert Sign
David Cannon, SET Consultants (representing Hotondo Homes South Coast) - AGAINST
DE21.13 - DA20/1222 - 466 Kangaroo Valley Road, Berry Mountain - Lot 8 DP1037100
Richard Flora - AGAINST
Sally Larsen - AGAINST
Leon Cunio - AGAINST
Georgina and Joel Agresta - AGAINST
Colin and Yolanda Gifford - AGAINST
Beth Patterson - AGAINST
DE21.14 - DA20/2110 - 1666 Kangaroo Valley Rd Kangaroo Valley – Lot 2 DP 593972
Tim Foley, Allen Price & Scarratts (representing the Proponent) – AGAINST
DE21.10 Proposed Submission - Draft Illawarra Shoalhaven Regional Transport Plan |
HPERM Ref: D21/24598 |
Recommendation (Item to be determined under delegated authority) That Council endorse the proposed submission (Attachment 1) on the draft Illawarra-Shoalhaven Regional Transport Plan and forward it to the NSW Government (Transport for NSW) for consideration.
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RESOLVED (Clr Wells / Clr Proudfoot) MIN21.105 That Council: 1. Amend the proposed submission on the draft Illawarra-Shoalhaven Regional Transport Plan (Attachment 1) to also request the elevation of Initiative 13 Princes Highway Upgrade – Jervis Bay Road Intersection from Initiatives in Planning (0-10 years) to Initiatives in Delivery (0-10 years) to respond to the urgent need for this infrastructure and Transport for NSW’s current work on a preferred option for this intersection. 2. Endorse the amended submission and forward it to the NSW Government (Transport for NSW) for consideration. 3. Provide in the submission that the State Government fast track the grade separation of the Kalandar Street intersection and the widening of the Princes Hwy from Nowra Bridge through to South Nowra upon completion of the third Nowra Bridge. 4. Seek assurances from Transport for NSW that this Motion will not delay or defer the complete bypassing of the Nowra-Bomaderry Township. 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
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DE21.11 Exhibition Outcomes - Proposed Finalisation of Planning Proposal (PP052) - The Arbour Victoria Street, Berry |
HPERM Ref: D21/35289 |
Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt and finalise Planning Proposal (PP052) as exhibited. 2. Forward PP052 to the Office of the NSW Parliamentary Counsel (PCO) with a request to draft the amendment to Shoalhaven LEP 2014. 3. Make the resulting amendment to Shoalhaven LEP 2014 using Council’s delegation. 4. Advise the Berry Forum and submitters of Council’s decision once the LEP amendment has been notified.
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RESOLVED (Clr White / Clr Alldrick) MIN21.106 That Council: 1. Adopt and finalise Planning Proposal (PP052) as exhibited. 2. Forward PP052 to the Office of the NSW Parliamentary Counsel (PCO) with a request to draft the amendment to Shoalhaven LEP 2014. 3. Make the resulting amendment to Shoalhaven LEP 2014 using Council’s delegation. 4. Advise the Berry Forum and submitters of Council’s decision once the LEP amendment has been notified. 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
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DE21.12 DA20/1966 - 29 Strongs Road, Jaspers Brush - Lot 215 DP 1210788 - Single A-Frame Advert Sign |
HPERM Ref: D21/5069 |
Recommendation (Item to be determined under delegated authority) That DA20/1966, for the temporary use of land for the placement of an A-frame advertising sign on a trailer, be determined by way of refusal for the reasons set out in the Notice of Determination, Attachment 1 to this report.
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Motion (Clr Findley / Clr Digiglio) That DA20/1966, for the temporary use of land for the placement of an A-frame advertising sign on a trailer, be determined by way of refusal for the reasons set out in the Notice of Determination, Attachment 1 to this report..
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AMENDMENT (RESOLVED) (Clr Watson / Clr Pakes) MIN21.107 That the matter be deferred pending legal advice as to whether the construction works being carried out on the site by Hotondo Homes and their control of the site as the builder would facilitate a method of approving an advertising sign for the period of construction works. For: Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gartner, Clr Digiglio, Clr Levett, Clr Alldrick and Stephen Dunshea The AMENDMENT became the MOTION and was CARRIED. For: Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gartner, Clr Digiglio, Clr Levett, Clr Alldrick and Stephen Dunshea
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DE21.13 DA20/1222 – 466 Kangaroo Valley Road, Berry Mountain – Lot 8 DP1037100 |
HPERM Ref: D21/29974 |
Recommendation (Item to be determined under delegated authority) That Development Application DA20/1222 for alterations and additions to an existing aeroplane hangar and use as an artisan food and drink industry (brewery), construction of car park and other ancillary development at Lot 8 DP 1037100, 466 Kangaroo Valley Road, Berry Mountain be approved subject to the recommended conditions of consent contained in Attachment 2 of this report.
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Motion (Clr Wells / Clr Guile) That Development Application DA20/1222 for alterations and additions to an existing aeroplane hangar and use as an artisan food and drink industry (brewery), construction of car park and other ancillary development at Lot 8 DP 1037100, 466 Kangaroo Valley Road, Berry Mountain be refused as it is contrary to the public interest, specifically with respect to traffic and safety issues.
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Amendment (Clr Digiglio / Clr Alldrick) That the item be deferred to allow the applicant opportunity to make further adjustments to address the traffic and safety concerns raised by the Kangaroo Valley community. For: Clr Digiglio and Clr Alldrick Against: Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Levett, Clr Guile, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea lost Clr Findley raised a Point of Order against Clr Watson under Clause 15 of the Code of Meeting Practice, stating that his comments on delays and refusals of applications bring Council into disrepute, and asked that he apologise and withdraw the comments. The Chairperson ruled against the Point of Order, on the basis that Clr Watson was asking questions that had been raised in other debates. Clr Findley raised a Point of Order against Clr Watson for having “verballed” her personally by stating she had mentioned him. The Chairperson ruled against the Point of Order. Clr Watson raised a Point of Order against Clr Findley for having accused him of a serious action of “making mischief” by asking the CEO a question about the cost of Land and Environment Court actions, and requested she apologise. The Chairperson ruled against the Point of Order.
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MOTION (RESOLVED) (Clr Wells / Clr Guile) MIN21.108 That Development Application DA20/1222 for alterations and additions to an existing aeroplane hangar and use as an artisan food and drink industry (brewery), construction of car park and other ancillary development at Lot 8 DP 1037100, 466 Kangaroo Valley Road, Berry Mountain be refused as it is contrary to the public interest, specifically with respect to traffic and safety issues. For: Clr Pakes, Clr Findley, Clr Wells, Clr White, Clr Gartner, Clr Levett, Clr Guile and Clr Proudfoot Against: Clr Gash, Clr Digiglio, Clr Alldrick, Clr Watson, Clr Kitchener and Stephen Dunshea
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DE21.14 Development Application DA20/2110 - 1666 Kangaroo Valley Rd Kangaroo Valley – Lot 2 DP 593972 |
HPERM Ref: D21/40595 |
Recommendation (Item to be determined under delegated authority) That Development Application DA20/2110 to construct one (1) tourist cabin at Lot 2 DP 593972, 1666 Kangaroo Valley Road, Kangaroo Valley be refused subject to the reasons contained in Attachment 2 of this report.
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RESOLVED (Clr Wells / Clr Guile) MIN21.109 That Development Application DA20/2110 to construct one (1) tourist cabin at Lot 2 DP 593972, 1666 Kangaroo Valley Road, Kangaroo Valley be deferred pending the submission by the applicant of additional information and positive concurrence from WaterNSW, to be referred back to staff to deal with under delegation if the report is favourable. 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
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Clr Gartner raised a Point of Order against Clr Watson, stating he had disrespected all Councillors who had previously voted to decline the Development Application. The Chair ruled against the Point of Order.
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DE21.15 Response to Question on Notice - Edendale St, Woollamia |
HPERM Ref: D21/3289 |
Recommendation (Item to be determined under delegated authority) That the Response to Question on Notice - Edendale St, Woollamia report be received for information.
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RESOLVED (Clr Levett / Clr Gash) MIN21.110 That the Response to Question on Notice - Edendale St, Woollamia report be received for information. 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
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Procedural Motion - Adjournment of Meeting |
Motion (Clr Findley / Clr Gartner) That the meeting be adjourned for 5 minutes.
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Note: The meeting adjourned, the time being 7.13pm
Note: The meeting reconvened, the time being 7.18pm
The following members were present:
Clr Mitchell Pakes - Chairperson
Clr Amanda Findley
Clr Joanna Gash
Clr John Wells
Clr Patricia White
Clr Kaye Gartner
Clr Nina Digiglio
Clr Annette Alldrick
Clr Andrew Guile – (remotely)
Clr John Levett
Clr Greg Watson
Clr Mark Kitchener
Clr Bob Proudfoot
Mr Stephen Dunshea - Chief Executive Officer
DE21.16 Legal Proceedings - Short Summary of Matters before Courts |
HPERM Ref: D20/518188 |
Recommendation (Item to be determined under delegated authority) That the content of the report on Legal Proceedings - Short Summary of Matters before Courts be considered and received for information.
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RESOLVED (Clr Wells / Clr Levett) MIN21.111 That the content of the report on Legal Proceedings - Short Summary of Matters before Courts be considered and received for information. 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
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HPERM Ref: D21/9039 |
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Recommendation (Item to be determined under delegated authority) That Council receive the quarterly report on compliance matters for information.
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RESOLVED (Clr Wells / Clr White) MIN21.112 That Council receive the quarterly report on compliance matters for information. 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
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DE21.18 Response from the EPA & Forestry Corporation to Notice of Motion ( MIN20.771 ) - South Brooman Forestry |
HPERM Ref: D21/45793 |
Recommendation (Item to be determined under delegated authority) That this report be received for information.
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RESOLVED (Clr Findley / Clr Gartner) MIN21.113 That the report on Response from the EPA & Forestry Corporation to Notice of Motion (MIN20.771) - South Brooman Forestry be received for information. For: Clr Pakes, Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Kitchener, Clr Proudfoot and Stephen Dunshea Against: Clr Watson
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DE21.19 Chair for the Central Coastal Management Program Advisory Committee |
HPERM Ref: D21/60210 |
Recommendation (Item to be determined under delegated authority) That either of the existing North and Southern Coastal Management Advisory Committee Chairs, Councillor Wells or Councillor White, Chair the Central Coastal Management Advisory Committee until after the September 2021 Council Elections when all committee Chairs are re-appointed by Council.
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Motion (Clr White / Clr Gash) That Clr White chair both the Southern and Central Coastal Management Advisory Committees until the September 2021 Council Elections when all committee Chairs are re-appointed by Council.
Clr Watson raised a Point of Order that the Chair of the Committee is appointed by Council, not the Committee. Note: Clr Kitchener left the meeting at 7.41pm
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Amendment (Clr Gartner / Clr Findley) That Clr Gartner chair the Central Coastal Management Advisory Committee until the September 2021 Council Elections when all committee Chairs are re-appointed by Council. For: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Stephen Dunshea Against: Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Watson and Clr Proudfoot LOST The Chairperson asked Clr Alldrick and Clr Levett to withdraw comments about vote stacking. Clr Alldrick and Clr Levett withdrew the comments.
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MOTION (RESOLVED) (Clr White / Clr Gash) MIN21.114 That Clr White chair both the Southern and Central Coastal Management Advisory Committees until the September 2021 Council Elections when all committee Chairs are re-appointed by Council. For: Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Proudfoot and Stephen Dunshea Against: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett
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Procedural Motion - Matters of Urgency |
RESOLVED (Clr Watson / Clr Proudfoot) MIN21.115 That an additional item COVID-19 Refund Policy Clarification be introduced as a matter of urgency. For: Clr Pakes, Clr Gash, Clr Wells, Clr White, Clr Alldrick, Clr Guile, Clr Watson and Clr Proudfoot Against: Clr Findley, Clr Gartner, Clr Digiglio, Clr Levett and Stephen Dunshea
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The Chairperson ruled the matter as urgent as being in the public interest.
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DE21.21 Additional Item - COVID-19 Refund Policy Clarification |
Motion 1 (Clr Watson / Clr Wells) That the COVID-19 Refund Policy be clarified by being amended to read in the relevant parts as follows. 1. The Applicant/Owners of a Development where the Application was lodged before the commencement date of the Policy are eligible for a refund of S7.11 and S64 contributions as defined in the Policy if an Occupation Certificate has not been issued prior to the date the Policy came into force, in the case of staged applications before the subject date; the stages which are not the subject of a previous Occupation Certificate remain eligible for a refund. 2. Developments which have been completed and an occupation certificate has been issued after the date of the commencement of the policy retain the right to a refund within the Policy guidelines. 3. If any applications for refunds have been refused because of this inconsistency in policy interpretation, such applications be reassessed in line with amended Policy.
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Amendment (Clr Findley / Clr Gash) That the CEO report back and clarify to the next Strategy & Assets Committee meeting on the following amendments to the COVID-19 Refund Policy: 1. The Applicant/Owners of a Development where the Application was lodged before the commencement date of the Policy are eligible for a refund of S7.11 and S64 contributions as defined in the Policy if an Occupation Certificate has not been issued prior to the date the Policy came into force, in the case of staged applications before the subject date; the stages which are not the subject of a previous Occupation Certificate remain eligible for a refund. 2. Developments which have been completed and an occupation certificate has been issued after the date of the commencement of the policy retain the right to a refund within the Policy guidelines. 3. If any applications for refunds have been refused because of this inconsistency in policy interpretation, such applications be reassessed in line with amended Policy. For: Clr Findley, Clr Gash, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Stephen Dunshea Against: Clr Pakes, Clr Wells, Clr White, Clr Guile, Clr Watson and Clr Proudfoot CARRIED The AMENDMENT became the MOTION. The Chairperson asked Clr Gartner to withdraw her comment about a Councillor being “a clown”. She withdrew the comment and apologised. Clr Gash raised a Point of Order against Clr Watson for stating a mistruth about something she had said, which she had never said. The Chairperson ruled against the Point of Order. Clr Gash raised a Point of Order against Clr Watson for implying that only some Councillors have trust in Council’s system, when all do. The Chairperson ruled against the Point of Order. The Chairperson asked Clr Gartner to withdraw a comment, which she withdrew.
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Motion (Clr Findley / Clr Gash) That the CEO report back and clarify to the next Strategy & Assets Committee meeting on the following amendments to the COVID-19 Refund Policy: 1. The Applicant/Owners of a Development where the Application was lodged before the commencement date of the Policy are eligible for a refund of S7.11 and S64 contributions as defined in the Policy if an Occupation Certificate has not been issued prior to the date the Policy came into force, in the case of staged applications before the subject date; the stages which are not the subject of a previous Occupation Certificate remain eligible for a refund. 2. Developments which have been completed and an occupation certificate has been issued after the date of the commencement of the policy retain the right to a refund within the Policy guidelines. 3. If any applications for refunds have been refused because of this inconsistency in policy interpretation, such applications be reassessed in line with amended Policy. Note: Clr Gash, Clr Digiglio, Clr Alldrick, and Clr Gartner left the meeting at 8.04pm prior to the vote. For: Clr Findley, Clr Levett and Stephen Dunshea Against: Clr Pakes, Clr Wells, Clr White, Clr Guile, Clr Watson and Clr Proudfoot LOST
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FORESHADOWED MOTION (RESOLVED) (Clr Watson / Clr Guile) MIN21.116 That the COVID-19 Refund Policy be clarified by being amended to read in the relevant parts as follows. 1. The Applicant/Owners of a Development where the Application was lodged before the commencement date of the Policy are eligible for a refund of S7.11 and S64 contributions as defined in the Policy if an Occupation Certificate has not been issued prior to the date the Policy came into force, in the case of staged applications before the subject date; the stages which are not the subject of a previous Occupation Certificate remain eligible for a refund. 2. Developments which have been completed and an occupation certificate has been issued after the date of the commencement of the policy retain the right to a refund within the Policy guidelines. 3. If any applications for refunds have been refused because of this inconsistency in policy interpretation, such applications be reassessed in line with amended Policy. 4. Should there be any issues in respect of the implementation of this policy clarification, the CEO report back in respect of that part of the motion. For: Clr Pakes, Clr Wells, Clr White, Clr Guile, Clr Watson, Clr Proudfoot and Stephen Dunshea Against: Clr Findley and Clr Levett
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There being no further business, the meeting concluded, the time being 8.11pm.
Clr Pakes
CHAIRPERSON