Agenda of Ordinary Meeting of Council - 9 September 2015 · 09/09/2015 · Motion to move into...

Civic Centre, Elizabeth St, Moss Vale, NSW 2577. PO Box 141, Moss Vale. t. (02) 4868 0888 f. (02) 4869 1203

e. [email protected] DX 4961 Bowral ABN 49 546 344 354

File No: 100/2015

4 September 2015

Dear Councillor,

You are kindly requested to attend the Ordinary Meeting of Wingecarribee Shire Council to be held in Council Chambers, Civic Centre, Elizabeth Street, Moss Vale on Wednesday 9 September 2015 commencing at 3.30pm.

Yours faithfully Barry Paull Acting General Manager

SCHEDULE

3.30pm Council Meeting begins

5.30pm Questions from the Public to be read out

7.40pm Closed Council

Runing

ORDINARY MEETING OF COUNCIL

held in the Council Chambers, Civic Centre, Elizabeth Street, Moss Vale

on Wednesday, 9 September 2015 at 3.30pm.

RUNNING SHEET

Time Item

3.30pm Opening of meeting – please remind all present that mobile phones must be switched off before the meeting and that the meeting is tape recorded.

Acknowledgement of Country - Clr L A C Whipper

We acknowledge the Traditional Owners and Custodians of this Land and we pay respect to the past and present Elders of the Country we are meeting on today.

3.32pm Opening Prayer – Reverend Richard Mills, Mittagong Anglican Church

3.35pm Apologies - Clr G McLaughlin and Clr J Uliana

Adoption of Previous Minutes – Wednesday, 26 August 2015

Business Arising (if any)

Declarations of Interest (if any)

Mayoral Minute (if any)

Public Forum (if any)

Motion to move into Committee of the Whole - Clr J R Clark

Visitor Item –

Item 10.1 DA15/0066.01 Section 82A Review of a Two Lot Subdivision, Tree Removal and Carport - 3 Bradman Avenue, Bowral

Council Reports

5.30pm Motion to move into Council and the Mayor resumes the Chair

5.30pm Questions from the Public - to be read

Continuation of Council Reports

General Business Questions

Questions with Notice

Notices of Motion

7.40pm Closed Council

8.00pm Meeting Closed

Barry Paull Acting General Manager

AGENDA FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 9 September 2015

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Business

1. OPENING OF THE MEETING

2. ACKNOWLEDGMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Clr G McLaughlin and Clr J Uliana

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 26 August 2015

6. BUSINESS ARISING FROM THE MINUTES

7. DECLARATIONS OF INTEREST ................................................................... 1

8. MAYORAL MINUTES

9. PUBLIC FORUM

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS

OPERATIONS, FINANCE & RISK

Nil

CORPORATE, STRATEGY & DEVELOPMENT SERVICES

10.1 DA15/0066.01 Section 82A Review of a Two Lot Subdivision, Tree Removal and Carport - 3 Bradman Avenue, Bowral ............................... 2

11. EN BLOC MOTION

12. OPERATIONS FINANCE & RISK

12.1 RFT6330/15.11 - Corbett Gardens Renewal Master Plan Design and Documentation Tender ........................................................................ 18

12.2 Asset Management Policy ................................................................... 19

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 20.7.2015 to 23.8.2015 ........... 30

13.2 Development Applications Received 20.7.2015 to 23.8.2015............... 43

13.3 Amendment to Bowral Town Development Control Plan - Inclusion of Retford Park Precinct ........................................................................... 52

13.4 Third Deed of Variation to Nattai Ponds Planning Agreement No 1 - Post Public Exhibition .......................................................................... 64

13.5 Planning Proposal for 450 Square Metres Minimum Lot Size on Nattai Ponds Braemar.......................................................................... 69

13.6 Wingecarribee Community Safety Plan ................................................ 77



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13.7 Determination of Number of Councillors for 2016-2020 Term of Office ................................................................................................... 82

Mayor to resume chair at 5.30 pm

COUNCIL MATTERS

14. GENERAL MANAGER

14.1 Request for Leave of Absence - Clr Graham McLaughlin .................... 85

14.2 Request for Leave of Absence - Clr John Uliana.................................. 87

14.3 Request for Leave of Absence - Clr Jim Clark ..................................... 89

14.4 Removal of Wreaths from Cenothaphs and War Memorials within the Shire .................................................................................................... 91

15. DELEGATE REPORTS

16. PETITIONS

Nil

17. CORRESPONDENCE FOR ATTENTION

Nil

18. COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports ................................... 93

19. QUESTIONS WITH NOTICE

Nil

20. NOTICES OF MOTION

20.1 Notice of Rescission of Resolution 08/2015 - Kaifeng - Sister City Relationship ......................................................................................... 95

20.2 Notice of Rescission of Resolution 09/2015 - DA 15/0180 Proposed Temporary Use of Land for Outdoor Concerts - Centennial Road, Bowral ................................................................................................. 96

20.3 Notice of Motion 39/2015 - Review of Council's Position on Coal Seam Gas and Longwall Mining Free Shire ......................................... 97

20.4 Notice of Motion 40/2015 - Endorsement of SHCAG's Submission to the Federal Department of the Environment ........................................ 99

20.5 Notice of Motion 41/2015 - Disruption in the Council Chamber ...........100

21. GENERAL BUSINESS

Nil

22. CLOSED COUNCIL

Moving into Closed Session ......................................................................... 101

22.1 RFT6330/15.11 Corbett Gardens Renewal Master Plan Design and Documentation Tender This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct)



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business and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

23. RESUMPTION OF OPEN COUNCIL

Resumption of Open Council

Adoption of Closed Session

24. ADOPTION OF COMMITTEE OF THE WHOLE

25. MEETING CLOSURE



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Our Mission, Our Vision, Our Values

OUR MISSIONTo create and nurture a vibrant and diverse community growing

and working in harmony with our urban, agricultural and natural

environments

OUR VISION

OUR VALUES

Environment: ‘A community that values

and protects the natural environment

enhancing its health and diversity’

Economy: ‘A strong local economy that

encourages and provides employment,

business opportunities and tourism’

Leadership: ‘An innovative and effective

organisation with strong leadership’

People: ‘A vibrant and diverse

community living harmoniously,

supported by innovative services and

effective communication with Council’

Places: ‘Places that are safe,

maintained, accessible, sympathetic to

the built and natural environment, that

supports the needs of the community’

Integrity, trust and respect

Responsibility and accountability

Communication and teamwork

Service quality



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Council Chambers

Recording of Ordinary Meeting of Council As authorised by the Local Government Act 1993, Wingecarribee Shire Council records the proceedings of the Ordinary Meeting of Council to ensure accurate transcription of resolutions.

Recording of meetings by members of the media is permitted only for the purpose of verifying the accuracy of any report concerning such meeting. Broadcasting of any sound recording is not permitted. Video recording is also not permitted. No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of Council without prior permission of the Council.

Entrance

Door

Media Table

Public Public

Councillors

MayorClr Duncan Gair

General ManagerAnn Prendergast

Minute TakerElizabeth Johnson



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DECLARATIONS OF INTEREST

101/3, 101/3.1

The provisions of Chapter 14 of the Local Government Act, 1993 regulate the way in which Councillors and nominated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public trust. The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest and the reasons for declaring such interest must be disclosed as soon as practicable after the start of the meeting. As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussions or voting on that matter and further require that the member vacate the Chamber. Council‘s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.



REPORT ACTING DEPUTY GENERAL MANAGER CORPORATE, STRATEGY & DEVELOPMENT SERVICES

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COMMITTEE OF THE WHOLE

10 VISITOR MATTERS

CORPORATE STRATEGY & DEVELOPMENT SERVICES

10.1 DA15/0066.01 Section 82A Review of a Two Lot Subdivision, Tree Removal and Carport - 3 Bradman Avenue, Bowral

Reference: DA15/0066.01 Report Author: Senior Town Planner Authoriser: Acting Team Leader Town Planning Applicant: Accomplished Development Services Owner: M P Chance Link to Corporate Plan: Ensure future development respects the character of the

areas in which it is located, and reinforce that character with appropriately sited and designed new development

PURPOSE This report considers a request to review the determination of a two lot subdivision including tree removal and the construction of a carport which was refused under delegation on 16 March 2015. The applicant has requested the report be considered by Council as the Reviewer in accordance with section 82A(6)(a) of the Environmental Planning and Assessment Act 1979. Consequently, this report is prepared for consideration by Council, and recommends refusal of the application.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.

RECOMMENDATION THAT the section 82A review of DA15/0066.01 for a two lot subdivision including tree removal and the construction of a carport at 3 Bradman Avenue, Bowral being Lot 2 Section E DP 11838, be upheld in accordance with the refusal notice dated 16 March 2015, as detailed in Attachment 3 to the report.

REPORT

Subject Site and Locality The subject site formally comprises Lot 2 Section E DP11838, known as 3 Bradman Ave, Bowral as shown in Figure 1 below, and is approximately 1280m2 in area. The site is rectangular and is oriented north south fronting Bradman Avenue which slopes slightly down towards the north east corner, but is generally flat.




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The site is developed with an existing dwelling within a garden setting. The locality is characterised by low density residential development surrounding Bradman Oval and Glebe Park with side streets leading down to Mittagong Creek. Properties fronting Glebe Street are within the heritage conservation area for Bowral and Bradman Oval is on the State Heritage Register. Mittagong Creek is prone to flooding and the floodway extends to the subject site. The site is not identified as bushfire prone land.

Figure 1: Aerial Photo – Site and locality

Details of Proposal Council received a development application on 6 February 2015 for a two lot subdivision including tree removal and the construction of a carport at 3 Bradman Ave, Bowral (refer Attachments 1 and 2 - original proposal). The application originally proposed:

Two lot subdivision with proposed Lot 21 (containing the existing dwelling) being

580m2 and proposed Lot 22 being 700m2;

Lot 22 to be accessed via a 4.65m right of way;

Removal of four trees on the south western portion of the lot (being the rear); and

Erection of a carport forward of the existing front façade of the dwelling on the western

side of the building and demolition of the existing garage.

An amended proposal was submitted in response to heritage concerns raised with regard to the carport and its potential impact on the streetscape. The carport has been reduced in length from 5.5m to 4.5m.




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STATUTORY PROVISIONS

Environmental Planning and Assessment Act 1979 Section 82A of the Environmental Planning and Assessment Act 1979 allows for the review of a determination of a development application. Section 82A includes the following requirements:

The application cannot be for integrated development;

The review must be applied for and finalised within 6 months of the refusal date;

The development must be substantially the same development as originally proposed; and

The application must be re-notified for the specified time to all those originally notified.

The application for review and assessment complies with the above requirements.

State Environmental Planning Policies SEPP (Sydney Drinking Water Catchment) 2011 The application is subject to the provisions of the above SEPP and is a Module 1 development. Therefore, Council has delegation to undertake the assessment using the online NorBE Assessment Tool. The application has been given concurrence as per the tool assessment.

Local Environmental Plans Wingecarribee Local Environmental Plan 2010 The site is zoned R2 Low Density Residential under Wingecarribee Local Environmental Plan (WLEP) 2010, with subdivision permissible subject to consent and a minimum allotment size of 700m2. The site adjoins the Bowral Heritage Conservation Area and a heritage listed property at 20 Glebe Street, Bowral (the former Don Bradman house).

Proposed Lot 21 does not comply with the minimum allotment size for subdivision. Clause 4.6 requires:

“4.6 (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.”

The applicant is seeking a clause 4.6 variation to the minimum allotment size for Proposed Lot 1 and supports this request for variation with the following:

“The proposed lot fronting Bradman Avenue is similar in land area to four lots immediately to the West and North West in Bradman Avenue and Glebe Streets. The proposed lot meets council’s expectations on private open space (POS) and has provision to enable car space(s) at the front of the property behind the building line. The rear yard POS available will be in excess of the area available




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at the recently constructed developments Nos 1 and 2 Bradman Avenue. The lot to the rear of the site will meet Councils minimum lot size.

The proposed lot at 580m2 is 82.85% of the development standard; Council has on numerous occasions varied lot sizes by up to and exceeding this percentage.

Lots further to the East have greater restrictions upon them due to flooding. This lot has no such limitation and this will become apparent with consideration of some of the other reasons for refusal.

The minimum lot size development standard should have flexibility to enable the creation of new allotments under the nominated figure that will still provide for an appropriate level of amenity and not change the character of the locality. This development proposal meets these expectations.

The Wingecarribee Shire Council in developing WLEP 2010 outlined its aims of the plan at clause 1.2. There are some particularly relevant subclauses that set out this desire for infill housing and also feed into Councils stated aims of maintaining the original settlement pattern for existing towns and villages.”

Comment

The subdivisions which created the smaller lots on the opposing corners at the entry to Bradman Avenue were either created pursuant to clause 7.2 of the LEP which permits dual occupancy subdivision of corner lots (LUA 13/1042 – 2 Bradman Ave) or would be permissible under clause 7.2 (1 Bradman Ave was subdivided in 1973). The lots were not created via a variation to Council’s LEP but rather as a direct response to Council policies for providing infill development in locations which are more suited to small lots. Both of these lots achieve direct road frontage for each dwelling without the requirement for an access handle or right of way (which was the intention of the corner lot provision in the LEP). This lot is not located on a corner and does not meet the requirements of clause 7.2 so the cuircumstances in this case are considered to be quite different.

Lot sizes in this locality are reflective of the adjoining heritage conservation area and the low density objectives of the LEP. The argument for creating infill housing is not a sufficient reason to vary the lot size. Essentially, the decision to create infill housing is a strategic matter. The LEP is the instrument for controlling housing density and it specifies 700m2 as the minimum. As previously stated clause 7.2 allowing dual occupancy subdivision of corner lots is a means of allowing infill which does not negatively affect amenity and streetscape. The infill argument if supported could be used as a means to seek a variation on any low density lot in the area and is not a site specific argument to support the variation.

Clause 7.9 (3) of WLEP 2010 also applies with regard to flooding:

“7.9 (3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a) is compatible with the flood hazard of the land, and (b) will not significantly adversely affect flood behaviour resulting in

detrimental increases in the potential flood affectation of other development or properties, and

(c) incorporates appropriate measures to manage risk to life from flood, and

(d) will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and




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(e) will not be likely to result in unsustainable social and economic costs to the community as a consequence of flooding.”

The applicant’s engineering consultant in the s.82A review application has advised:

“With regard to item (a)[ referring to reasons for refusal outlined compliance with clause 7.9(3) as a refusal matter], the proposal is for a two lot residential subdivision to allow for one additional ’dwelling house’ to be constructed within the proposed new lot. The flood certificate issued by Council for 3 Bradman Avenue shows the site classified as being within Medium, Fringe Low and Low flood risk precincts. In accordance with the Bowral Town Plan DCP - Section 4’, the land use category ‘residential’ is allowable subject to prescriptive controls and therefore is compatible with the flood hazard for the site. The relevant prescriptive controls have been addressed within the ’Flood Risk Assessment’ also prepared by SEEC.”

The above comment does not directly address the considerations raised in clause 7.9(3) above) and considers permissibility on the basis that the DCP does not expressly prohibit residential in flood prone land. It is noted that the LEP does not expressly prohibit development in flood prone land either but there are considerations which need to be addressed as stated in clause 7.9(3). Council’s engineering assessment is affectively stating that the proposed development is not compatible with the flood hazard presented by the site. The location of a dwelling envelope within the flood area will potentially have a detrimental impact on flood behaviour as it is adding an obstacle within an existing floodway which may displace existing flood water or alter flow patterns.

There is no flood warning system in place for Mittagong Creek and the proposed development will potentially be a risk to public safety (specifically to the residents of the proposed site).

Further discussion in relation to flooding is contained in the DCP section of this report.

Development Control Plans Bowral Development Control Plan The provisions of the Bowral DCP apply to this site, specifically the provisions relating to flooding, the carport and tree removal.

Flooding Part A Section 4 of the DCP contains Council’s flooding controls in addition to the clause in the LEP. As previously stated in this report and as raised by the applicant, the DCP does not expressly prohibit residential development within the flood affected area of a site. The DCP appears to be more focused on the re-development of existing sites rather than foreseeing that additional flood prone residential land will be created. This statement is supported by the fact that the DCP does not put a maximum on limit on floor space for a new dwelling yet restricts additions to existing development to a 10% or 30m2 increase to the existing development. Council staff recognise that the DCP needs to be amended to reflect current engineering practice and consistency with the NSW Flood Plain Development Manual. Council’s Development Engineer has provided the following comments on the amended proposal:




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“In regards to the flooding, my assessment relied on Councils GIS mapping for flooding.

The GIS mapping shows the property is affected by low to medium hazard precincts and that the main concern was the proposed access being in the medium hazard zone and the proposed building enveloping being flood effected (low). These issues were not properly assessed by the applicant.

As we have been aware lately for Mittagong Creek, the 1% annual exceedance probability (AEP) line for Mittagong Creek is the boundary between low and medium hazard not the low region. A flood certificate has been obtained and it is confirmed the 1% AEP is as shown above (flood cert. attached to this memo).

Generally speaking, Council Engineers over time have been consistent with flood advice in regard to the subdivision. The general consensus is that the building envelope must be above the 1% AEP and the access is to be above 5% AEP (or 1 in 20 year ARI), however this is not policy.

Referring to the applicant’s report Section (2)(e) regarding the building envelope. The applicant argues the point that there is no policy requiring the applicant to provide a flood free envelope and individual opinion is not a relevant consideration. It is agreed that this requirement is not policy, but the claim regarding Council’s Officers comments are not relevant does not help this claim. However, the comment is made that the applicant may consider adjusting the building envelope to suit Council Officers requirement through a condition. Council would like to see the adjustment made prior to determination of the 82A to make sure flood free building envelope can be practical achievable (in terms of setback etc.).

Council’s Drainage Engineer produced flood maps for the 1 in 10 and 1 in 50 years ARI showing that the proposed access is not flood affected in these storms. It will only be flood affected in the 1 in 100 year ARI (or 1% AEP event).

1% AEP Line




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In light of this information, this satisfies the minimum access requirement prescribed by Council Engineers. This satisfies Section (2)(g) of the applicant’s report.

The other prescriptive controls in the Bowral Town DCP (page 37) will need to be addressed during the building application stage. These controls can be met (or may not be applicable) if the building envelope is proposed above the 1% AEP portion of the proposed lot.

With the access handle, an email was sent on 7/10/2014 advising the applicant that Council may consider the access handle be reduced from 6 metres (as per DCP) to 5 metres if the right of way (R.O.W) serves only a single allotment. However, this advice was not considered and the application proposed a 4 metre wide R.O.W. The applicant’s report suggests that Council has approved a number of developments with similar variations.

A 4 metre R.O.W is not wide enough to place a 3 metre driveway and accommodate services with a 1 metre trench. There are clearances required by Telstra, Integral Energy, and for Council water etc. However Council may consider the 4 metre wide access if and only a 2 metre wide easement for services is created on the western boundary, which there is room for according to the submitted plans. It has been noted that there is hedging along this boundary which may be an issue in terms of landscaping requirements.

In conclusion:

1. In respect to flooding, the applicant meets the requirements for access and

offered to meet requirement for the flood free building envelope. The applicant must demonstrate prior the determination of the 82A review that the building envelope can be placed above the 1% AEP portion of the proposed lot. Setbacks and other requirements need to be considered.

2. The proposed 4 metre R.O.W is not accepted by Council. An alternative approach is to create a 2 metre easement for services on the western boundary to compensate for the proposed reduction. The applicant will need to seek variation to the DCP.”

The applicant has responded to points 1 and 2 above and has agreed to Council conditioning an easement for 2m width along the western boundary of the site for services. As pointed out by the engineering comments, however, there is existing hedging and landscaping along this boundary which would require removal for the easement. This creates difficulty when considering the amenity impacts raised later in this report in the submissions from adjoining owners. The applicant has submitted a plan detailing a building envelope shown hatched at the rear of the lot as shown in Figure 2 below.




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Figure 2: Future Building Envelope – see also Attachment 3

Following receipt of the above, Council’s Engineer has advised that:

“The applicant makes the point that the DCP does not reflect that building envelopes shall be above the 1%AEP. However with various recent applications like 3 Mary Street (LUA14/0761), the applicant was made to demonstrate flood free building envelopes even though this is not covered by the DCP. In taking this consistent approach, I am in the opinion that at least the building envelope shall be flood free (or above 1%AEP). In addition, if this development is approved given the variations, this will open-up further development in this area which will result to change in the flood behaviour due the cumulative effect.

The outcome with the R.O.W is satisfactory and will require a variation to the DCP.”




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The applicant has also cited a development at Gordon Road, Bowral (Development Consent No. 04/0017) where a subdivision was approved of a flood affected lot as being a precedent in this matter. Council’s Engineer has investigated this example and found:

“…, the proposed Gordon Road subdivision essentially provides site area above the 1% AEP. Both the access and the existing dwelling are not affected by the 1% AEP flood.

The R.O.W is 4.57metres which is below the DCP standard, and not sure the exact reasoning for such approval. However, 4.57 metres is still greater than the 4m proposed by this current application.”

It is considered therefore, that this reference to the Gordon Road subdivision is not relevant to this application.

Carport It is presumed that the carport is proposed as the existing garage would require demolition in order to provide access to the rear lot. Section C7.2.1 of the Bowral DCP contains the following objectives with regard to carports: (a) To ensure non-habitable detached buildings do not dominate streetscapes. (b) To ensure that such buildings do not adversely impact on neighbouring property

amenity. The proposed carport is located in front of the street elevation of the existing dwelling in Bradman Ave. The specific controls do not mention a setback criteria for carports but the location of the carport would be in a dominant position in front of the dwelling. The Heritage Committee objected to the carport component of the development application when originally submitted. The main concerns related to the prominence of the carport when viewed from the adjoining Bowral Heritage Conservation Area and in particular, State Heritage listed Bradman Oval. The s.82A application has amended the carport design so that the carport would be reduced in length from 5.5m to 4.5m, with a 5.5m setback from the street. The reduced length of the carport and increased setback is an improvement over the original proposal and given the topography with the property next door between the site and the oval being more elevated and coupled with the vegetation, the carport would not be prominently visible from the oval. However, it was noted that no other carports have been built forward of the front building alignment in this street and that the cumulative effect of this type of development adjacent to the conservation area is considered to be unacceptable in light of the objectives of Section 7.2.1 of the DCP.

Tree Removal The application includes a proposal to remove 4 native trees at the rear of the property. The trees include: - 1 x Eucalyptus macarthurii (Paddy’s River Box) (identified as Tree 1) and - 3 x Eucalyptus radiata subsp. Radiata (Narrow Leaved Peppermint) (identified as

Trees 2, 3, and 4).




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The application is supported by an arborist’s report which advises that Tree 1 is over mature and has reached its safe useful life expectancy, furthermore, adding evidence that the tree is in very poor condition and dangerous. Paddy’s River Box is listed as vulnerable species under the Threatened Species Conservation (TSC) Act 1995. Accordingly a seven part test is required under both the EPA Act and TSC Act to determine impact on the species through the loss of the tree. A Seven Part test has not been included in the application by the consultant. However, consideration should be given to the fact that the tree is dangerous and has reached senescence, furthermore that only one of this species is proposed for removal. Narrow Leaved Peppermint Trees 2 - 4 are described as being in very poor condition and nearly dead and that collapse is imminent and that the trees are dangerous. Part A Section 5 of the DCP allows the removal of dead and dying trees and trees which are dangerous, without consent. Should this application be determined by refusal it is considered that the trees may be removed without requiring further approval.

Section 79C Evaluation The consideration of the matters in section 79C have been dealt with throughout the body of this report.

CONSULTATION

COMMUNITY ENGAGEMENT

Internal Referrals

The application was referred to Council’s Development Engineer and Flood Engineer. Their comments are contained in the DCP section of this report, particularly with regard to flooding.

Neighbour Notification The s82A application to review the determination has been neighbour notified for two weeks from 21 July 2015 to 6 August 2015, was referred to Council’s Heritage Advisor and Heritage Working Group. Three submissions were received from neighbouring properties during the notification period. The submissions are summarised as follows:

Vegetation planting is requested as a condition of consent along the boundary with No 1 Bradman Avenue [western boundary], with vegetation to extend above the fence line (presumably for privacy reasons).

The same provisions that apply to No 3 Bradman Ave should be applied to any future subdivision for No 5 Bradman Avenue.

There is no information provided on the proposed dwelling for the subdivided lot and the application relies on Council’s existing provisions, this does not provide certainty in terms of the location and form of the building that can potentially be erected on the lot.

There is inconsistency in Council policies with regard to this development that would set a precedent for others in this street and are confusing.

Council policy is not clear with regards to variations to the minimum allotment sizes in the LEP.




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The proposed subdivision is non-compliant with the minimum allotment size controls with the lot being on 82.25% of the required size.

No stormwater plan has been included.

The proposal will potentially increase stormwater run- off of the block.

The precedents used of 1 and 2 Bradman Ave, differ from the proposal.

The submitted s82A plans were not detailed and clear.

The reduced width of the R.O.W will have potential amenity impacts on 5 Bradman Ave and is 20% less than the 6m minimum.

No public interest is met by approving the development.

Comment

The proposed development will require an easement for services along the western boundary, so additional boundary planting will not be an option inside this area. The easement does restrict the use of screen planting which will be an issue for properties on the western boundary, as they look down into the site. It is agreed that the DCP flooding provisions must be amended to make it clear that new lots shall not be permitted where there is no flood free access or a flood free building envelope. It is agreed that the development could create a precedent if approved. The site is relatively flat and can drain to Bradman Avenue (which then feeds into the creek). The level of stormwater discharge increase is minimal (as verbally confirmed by Council’s Development Engineer). It is agreed that the development is non-compliant with the LEP lot size controls and that the justification and precedents cited are not relevant. Clause 4.6 sets out quite clearly the basis for a clause 4.6 variation to the LEP minimum allotment size provisions. The difficulty is that the assessment is based on each particular case and circumstances (as is necessarily the case in these matters), Council has a Fact Sheet on its web site explaining this clause. It is agreed that the R.O.W does not meet the minimum requirement for width and may potentially have amenity impacts on the adjoining property.

SUSTAINABILITY ASSESSMENT

Environment

The main environmental impacts associated with this proposal are: the precedent of approving an undersized lot simply based on an infill justification; the impacts on flood behaviour where development is proposed in the flood affected section of the property, and the potential for an undesirable precedent to be made with the approval of a lot which has flood affected access and partially flood affected building envelope; and the removal of native vegetation (in this case four gums which are dying) and the potential impacts on the amenity of properties on the western boundary which look into the back of the site. Concern is also raised at the potential cumulative impact of carports forward of the building line.

Social

There are no social impacts identified in this proposal.

Broader Economic Implications

There are no broader economic implications identified in this report..




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Culture

The environmental heritage impacts of the proposal have been considered within the report and is acceptable as outlined in the report.

Governance

The development application has been considered in accordance with WLEP 2010, the EP and A Act and any matters relevant to the development.

RELATIONSHIP TO CORPORATE PLANS

Operational Plan 2014-2017: OP:117 Provide development, building assessment and certifications services.

COUNCIL BUDGET IMPLICATIONS

The financial implication of Council’s decision in this matter is directly related to the legal implications. The possibilities are detailed as follows:

Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be determined by the extent of the reasons for refusal.

Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and win, the question of cost would be dependent upon the extent of the reasons for refusal.

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be calculated at the appropriate time.

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and win, the question of cost would still be calculated at the appropriate time.

Should the applicant make no appeal, or proceedings not be taken out by another party, to the Land and Environment Court regardless of the determination, the application would result in no further financial implication to Council.

RELATED COUNCIL POLICY

There are policy implications for Council in respect to flooding provisions, variations to the minimum allotment size provisions which are outlined in the LEP and DCP sections of this report.

OPTIONS

The options available to Council are:

Option 1

Uphold Council’s previous determination of this matter by way of refusal.

Option 2

Approve the application, and delegate to the General Manager to impose relevant conditions of consent.




Page | 14

Option 1 is recommended.

CONCLUSION

The application is seeking a variation to Council’s minimum allotment size provision for subdivision. Rather than demonstrating the following (excerpt from clause 4.6 of the LEP):

(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.”

the application generates a number of other complicating issues as follows:

Subdivision of flood affected land with the intention of adding additional residential development into a floodway.

Creating a precedent with regard to the proposed carport forward of the building line which is contrary to the DCP objectives, and is within a street that directly accesses the heritage conservation area.

Creating a right of way which is below the minimum width specified in the DCP;

Creating an easement for services along the western boundary which then does not provide for landscaping to reduce the impact of the development on adjoining properties fronting Glebe Street which sit higher than the subject site and look into the rear of the property.

The justification for the variation mainly relies on examples of infill development which are actually compliant with clause 7.2 of the LEP. Infill housing is a strategic matter and clause 7.2 is a strategic response. There are other provisions in the LEP for infill in the R2 Low Density zone such as secondary dwellings and dual occupancy.

On balance, the application is not supported by good planning outcomes and creates potential for negative precedents in a number of areas.

Upholding the previous determination by refusal is recommended.

ATTACHMENTS

1. Site Plan and Subdivision Plan - circulated under separate cover

2. Plans (Carport and Demolition of Garage) - circulated under separate cover

3. Figure 2: Future Building Envelope - circulated under separate cover

4. Refusal Notice Nicholas Wilton Acting Deputy General Manager Corporate, Strategy & Development Services Friday 4 September 2015

AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 9 September 2015


ATTACHMENT 4 Refusal Notice

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ATTACHMENT 1




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REPORT DEPUTY GENERAL MANAGER OPERATIONS, FINANCE & RISK

Page | 18

12 OPERATIONS FINANCE & RISK

12.1 RFT6330/15.11 - Corbett Gardens Renewal Master Plan Design and Documentation Tender

Reference: 6330/15.11 Report Author: Building Assets Coordinator Authoriser: Manager Assets Link to Corporate Plan: Increase community inclusion, cohesion and social

interaction

PURPOSE The purpose of this report is to provide Council with information regarding the tender process for the design of a master plan for Corbett Gardens and related facilities and documentation for DA consent. This report contains information that, if disclosed, would confer a commercial advantage on parties with whom Council is conducting business. As such, it is recommended that the report be considered in Closed Council.

RECOMMENDATION THAT the report concerning Corbett Gardens Renewal Master Plan Design and Documentation Tender be referred to Closed Council in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council - Item 22.1.

Note: In accordance with Council’s Code of Meeting Practice, immediately after a motion to close part of a meeting to the public has been moved and seconded, debate on the motion should be suspended to allow the public to make representations to Council as to why the item should not be considered in Closed Council.

ATTACHMENTS

There are no attachments to this report.




Page | 19

12.2 Asset Management Policy

Reference: 508/1 Report Author: Manager Assets Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Maintain strong public institutions and facilities in the

district to match the evolving needs of the community

PURPOSE

The purpose of this report is to present the proposed policy titled ‘Asset Management Policy’ to Council for consideration and adoption.

RECOMMENDATION THAT Council adopt the proposed Asset Management Policy.

REPORT

BACKGROUND

The current Asset Management (AM) Policy was adopted by Council in July 2011. Many changes have taken place in the asset management domain since then and that policy is outdated. The 2011 policy has been reviewed and a proposed AM Policy (2015) is submitted for Council’s consideration and adoption.

REPORT

The AM Policy defines Council’s vision and service delivery objectives for asset management in accordance with the Community Strategic Plan Wingecarribee 2031+, community needs and applicable legislation.

The proposed policy (attached to this report) includes the following comprehensive list of AM principles:

Adopt & implement AM policy, strategy & plans.

Risk management

Levels of service.

Corporate AM approach.

Works prioritising system

Future demand

Life cycle cost

Resources for inspection & maintenance

Fit for the Future benchmarks




Page | 20

Allowance for new assets & cost increases

AM process review

Asset Data

AM Information System integration

Asset utilisation

AM Steering Committee

AM training

Review of policy, strategy & plans.

IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME

The proposed policy includes the following principle: Council will strive to achieve the ‘Fit for the Future’ benchmark criteria in terms of renewal ratio >100%, maintenance ratio >100% and backlog ratio <2% by 2020.

CONSULTATION

Community Engagement

The policy principles are mainly driven by legislative requirements and guidelines and community engagement is not required.

Internal Consultation

Staff from the following Branches / Sections have been consulted:

Operation

Asset

Finance

Environmental Assessment

Corporate & Community

External Consultation

Consulted staff from the following councils:

Shoalhaven Council

Campbelltown City Council

Dubbo City Council




Page | 21


Environment

The AM Policy includes principles relating to protection of the environment.

Social

The AM Policy includes principles relating to positive social outcomes.


The policy advocates provision of services at the lowest possible costs

Culture

There are no cultural issues in relation to this report.

Governance

The policy identifies responsibilities for management of Council’s infrastructure assets.


There are no budget implications arising from this report.


Risk Management Policy.

Unmaintained Roads Policy

Stormwater Drainage Over Private Property Policy

Provision of Water & Sewer Services Policy

OPTIONS


Option 1

Adopt the proposed Asset Management Policy.

The updated policy will enable Council to comply with the Local Government Act 1993. Further the policy will provide clear direction to all main AM activities.

Option 2

Continue to use the existing policy.

Under this option Council may not comply with the Local Government Act 1993 as the existing policy does not cover all AM activities.




Page | 22

Option 1 is the recommended option to this report.

CONCLUSION

The existing AM Policy is outdated and does not cover all the main AM activities and does not address current issues.

The updated policy will enable Council to comply with the Local Government Act 1993. Further the policy will provide clear direction to all main AM activities.

ATTACHMENTS

1. Proposed Asset Management Policy Barry Paull Deputy General Manager Operations, Finance & Risk Friday 4 September 2015


12.2 Asset Management Policy ATTACHMENT 1 Proposed Asset Management Policy

Page | 23

ATTACHMENT 1



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13 CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 20.7.2015 to 23.8.2015

Reference: 5302 Report Author: Administration Officer Authoriser: Group Manager Planning, Development & Regulatory

Services Link to Corporate Plan: Ensure future development respects the character of the

areas in which it is located, and reinforce that character with appropriately sited and designed new development

PURPOSE The report provides a list of development consents executed under delegated authority of the Deputy General Manager, Corporate, Strategy & Development Services from 20 July 2015 to 23 August 2015.

RECOMMENDATION THAT the information relating to Development Consents by Way of Approval under Delegated Authority No’s 1 to 111 be received and noted.

Development Applicants (DA’s) Determined by way of Approval

20.7.2015 – 23.8.2015

ASSESSMENT DAYS = Number of days taken by Council to assess the application

‘STOP CLOCK’ DAYS = Number of days in which the Clock is ‘Stopped’ for purposes of waiting for additional information, external referrals, etc

TOTAL ASSESSMENT DAYS = Assessment Days + ‘Stop Clock’ Day

No Application ID

Property No

Property Address & Property

Legal Desc

Property Owners

Description Date

Lodged

‘Stop Clock’ Days

Assessment Days

Total Assessment

Days

Date Finalised

1 15/0561 37700

6-8 Appenine Road

Yerrinbool Lot 230 DP

9882

JW Buckley L Buckley

Demolition 23/06/2015 0 37 37 30/07/2015

2 15/0595 44300

51 Argyle Street

Moss Vale Lot 65 DP 568390

BJ Salmon JA Patino

Outbuilding (Shed)

30/06/2015 0 35 35 05/08/2015




Page | 31

No Application

ID Property

No


Legal Desc

Property Owners

Description Date

Lodged


Assessment Days

Total Assessment

Days

Date Finalised

3 15/0640 54300

629 Argyle Street


KA Garbutt Demolition 15/07/2015 0 7 7 22/07/2015

4 15/0468 86100

48 Ascot Road

Bowral Lot D DP

21044

SJ Richardson DH Nichols

Outbuilding (Shed)

29/05/2015 12 55 68 05/08/2015

5 15/0349 89200

108 Ascot Road

Bowral Lot 1 DP 251105

LF Thornley SJ Martin

Alterations and Additions

to Dwelling 24/04/2015 34 70 104 11/08/2015

6 15/0661 101700

18 Azalea Street

Colo Vale Lot 11 Sec 13

DP 2389

CJ Cash AL Cash

Outbuilding (Swimming

Pool) 21/07/2015 0 20 20 11/08/2015

7 15/0560 105500

23 Balaclava Street

Balaclava Lot 19 Sec 2

DP 841

KD Roberts Outbuildings - New All Steel

Garage kit 23/06/2015 0 41 41 03/08/2015

8 15/0408 146800

93 Bendooley Street Bowral

Lot 62 DP 555560

BS Grierson SM Grierson


to Dwelling 06/05/2015 0 76 76 21/07/2015

9 15/0518 148100

Primary School

47 Bendooley Street, Bowral

Lot 1 DP 802776

Department of Education

2 Storey Dwelling

12/06/2015 0 55 55 07/08/2015

10 15/0546 351500

5 Chippendale

Close, Moss Vale Lot 32 DP 262845

LW Edminson Alterations

and Additions to Dwelling

19/06/2015 0 47 47 05/08/2015

11 15/0579 476600

11 Elizabeth Street


CH Leach Alterations


26/06/2015 0 34 34 31/07/2015

12 15/0367 585603

25 Links Road Burradoo

Lot 263 DP 1004482

AGL Longhurst EM Longhurst

New Dwelling, &

Tree Removal 28/04/2015 12 78 90 29/07/2015

13 15/0590 643300

16 Hood Street

Mittagong Lot 5 Sec 14 DP 111201

R Wilson NL Wilson


to Dwelling 30/06/2015 0 43 43 12/08/2015




Page | 32

No Application

ID Property

No


Legal Desc

Property Owners

Description Date

Lodged


Assessment Days

Total Assessment

Days

Date Finalised

14 15/0706 722200

16-18 Innes Road

Moss Vale Lot 1 DP 136849 Lot 2 DP 136849

JH Main KC Main

New Dwelling 30/07/2015 0 12 12 11/08/2015

15 15/0625 725600

232 Iona Park Road


PJ Barkl KM Barkl


to Dwelling 10/07/2015 0 26 26 05/08/2015

16 15/0580 751200

Boen Boe 1078 Joadja

Road Joadja

Lot 3 DP 113357 & Lots 122-

123/126-131 DP 751276 &

Lot 124 D P 1081709

C Zammit EJ Zammit

Reconstruction of Fire

Damaged Shed 26/06/2015 0 32 32 29/07/2015

17 15/0531 775100

460 Kangaloon

Road Bowral

Lot 22 DP 792646

Bong Bong Picnic Race

Club Ltd

Special Event 2 Day Event Home and Garden Show

17/06/2015 0 50 50 07/08/2015

18 15/0616 779300

2264 Kangaloon

Road Robertson Lot 2 DP 500519

K Bunda Alterations


07/07/2015 0 36 36 12/08/2015

19 15/0669 872800

1 Lyell Street Mittagong Lot 5 DP 24827

J Sell GA Sell

Demolition (Existing Dwelling)

23/07/2015 0 19 19 11/08/2015

20 15/0433 880800

20-22 Lytton Road

Moss Vale Lots 4-5 Sec B

DP 2810

AC Lee New Dwelling 12/05/2015 0 71 71 22/07/2015

21 15/0456 936400

101 Merrigang

Street Bowral

Lot A DP 157120

BF Rossiter JA Rossiter


to Dwelling 22/05/2015 9 61 70 05/08/2015

22 15/0638 1011700

580 Murrimba

Road Wingello Lot 1 DP 785109

BM Den Dual

Occupancy 14/07/2015 33 2 35 20/08/2015




Page | 33

No Application

ID Property

No


Legal Desc

Property Owners

Description Date

Lodged


Assessment Days

Total Assessment

Days

Date Finalised

23 14/0905 1063400

21 Oldbury Street

Berrima Lot 6 Sec 26 DP 758098

LA Brownbill

Demolish Existing

Dwelling & Replace with Manufacture

d Home

25/08/2014 322 15 337 29/07/2015

24 LUA13/0700 1067200

63 Old Kangaloon

Road Robertson Lot 3 DP 244410

CJ Shiels EAM Shiels

Dwelling - Conversion of Existing Farm Shed & New Farm Shed

30/08/2013 0 689 689 20/07/2015

25 15/0582 1071400

160 Old South Road


PC Parker Outbuilding

(Shed) 26/06/2015 0 24 24 24/07/2015

26 15/0502 1078300

184 Old South Road

Alpine Lot 7 DP 749037

SC St John Cross

Alterations and additions

to dwelling 09/06/2015 0 47 47 27/07/2015

27 15/0571 1102500

88 Osborne Road

Burradoo Lot 5 DP 39039

GL Sanderson EA Sanderson


to Dwelling 24/06/2015 0 42 42 05/08/2015

28 15/0581 1117900

58 Oxley Drive

Mittagong Lot 5 DP 259561

DL Ferrero Outbuilding

(Shed) 26/06/2015 0 51 51 17/08/2015

29 15/0500 1158600

22 Paul Crescent


JA Lewin

Demolition of existing and erect new

pergola

09/06/2015 0 44 44 23/07/2015

30 15/0524 1213800

4 Queen Street

Moss Vale Lot B DP 158069

DE Schubert BW Schubert

CDC Change of Use- lot B DP 158069

15/06/2015 23 27 50 06/08/2015

31 15/0639 1216100

11 Raglan Street

Hill Top Lot 987 DP 1179759

RA Roberts Outbuilding (Swimming

Pool) 15/07/2015 0 16 16 31/07/2015

32 15/0674 1289300

10-12 Rosenthal

Avenue Bundanoon

Lot 7 Sec 2 DP 10378


V Ambler Alterations


24/07/2015 0 20 20 14/08/2015




Page | 34

No Application

ID Property

No


Legal Desc

Property Owners

Description Date

Lodged


Assessment Days

Total Assessment

Days

Date Finalised

33 15/0623 1322300

981 Sheepwash

Road Avoca

Lot 3 DP 602938

DG Virtue Outbuilding

(Shed) 08/07/2015 0 35 35 12/08/2015

34 15/0596 1334400

20 Sierra Street


11780

ST Thompson BL Prince

New Dwelling 01/07/2015 6 34 40 11/08/2015

35 15/0532 1361500

4 Spring Street


SL Hawkins JD Hawkins

Alterations and additions

to existing multi dwelling

housing development

to incorporate

four new units

17/06/2015 0 50 50 06/08/2015

36 15/0499 1370200

114 Sproules Lane

Glenquarry Lot 3 DP 710710

TM Clark

Alterations and Additions to Dwelling -

And New utility shed

09/06/2015 0 55 55 03/08/2015

37 15/0549 1400600

125 Sunrise Road


11780

NJ Barden SM Barden

Outbuilding (Shed)

22/06/2015 0 43 43 04/08/2015

38 15/0440 1538900

Cottages/ Offices - School

Vernon Street Mittagong

Lots 1-8 Sec 18 DP 1289

Winifred West Schools Ltd


to school 15/05/2015 56 32 88 12/08/2015

39 15/0472 1575200 17 Wattle

Street Colo Vale

HAL Woods

Home Occupation - Hair & Beauty

Salon

01/06/2015 0 74 74 14/08/2015

40 14/0831 1591201

514 Sallys Corner Road

Exeter Lot 29 DP 243688

TJ Aliprandi DA - 5 Lot

Subdivision

07/08/2014 144

230 Additional

Information required

from Applicant

374 18/08/2015

41 15/0687 1629300

114 Wilson Drive

Hill Top Lot 12 Sec 3

DP 6221

MJ Hicks MG

Chamberlain-Cusack

New Dwelling 14/07/2015 0 30 30 13/08/2015




Page | 35

No Application

ID Property

No


Legal Desc

Property Owners

Description Date

Lodged


Assessment Days

Total Assessment

Days

Date Finalised

42 15/0447 1668100

315 Wombeyan Caves Road Woodlands Lot 23 DP 252864

AM Yazbek Outbuilding

(Sheds) 19/05/2015 0 69 69 27/07/2015

43 15/0637 1698500

Berrima Correctional

Facility Argyle Street

Berrima

The State of NSW

Fund Raising Event Self

Guided Tours & Open Air

Opera & Theatre

14/07/2015 0 30 30 14/08/2015

44 15/0465 1700777

73 Station Street Bowral

Lot 2 DP 21133

Wingecarribee Shire Council

Change of Use - Signage

28/05/2015 0 78 78 14/08/2015

45 15/0548 1701140

51 Yarrawa Street


J Brooks Outbuildings 22/06/2015 0 56 56 18/08/2015

46 15/0611 1703335

65 Meryla Road


PK Cargill AR Cargill

Outbuildings 06/07/2015 0 16 16 22/07/2015

47 15/0696 1704399

3 Currockbilly Street Welby

Lot 100 DP 854933

KFJB Frenzel LJ Young

Outbuildings 29/07/2015 0 9 9 11/08/2015

48 15/0547 1704609

12 James Street


Y Lim New Dwelling 22/06/2015 0 50 50 11/08/2015

49 15/0587 1706565

Glenelg 561 Range

Road Mittagong Lot 5 DP 878237

ST Wertheimer

LJ Wertheimer


to Dwelling 30/06/2015 0 43 43 12/08/2015

50 15/0591 1711060

27 Ringwood Lane


Wamwarra Enterprises Pty Limited

Outbuildings - Farm Shed

30/06/2015 0 30 30 31/07/2015

51 15/0513 1716620

3081 Canyonleigh

Road Sutton Forest

Lot 4 DP 708386

DS Keogh Alterations


11/06/2015 0 55 55 05/08/2015




Page | 36

No Application

ID Property

No


Legal Desc

Property Owners

Description Date

Lodged


Assessment Days

Total Assessment

Days

Date Finalised

52 15/0607 1724080

182 Sproules Lane


T Baker T Baker

New Dwelling & Farm Shed

03/07/2015 0 40 40 12/08/2015

53 15/0511 1724730

9 Orchard Road


FG Cassar Outbuildings 11/06/2015 12 42 54 05/08/2015

54 15/0536 1729110

55-59 Bulwer Road


Stalbi Pty Ltd New Dwelling 18/06/2015 0 39 39 28/07/2015

55 15/0510 1738190

321 Old Argyle Road


S Carroll Outbuildings 10/06/2015 0 41 41 23/07/2015

56 14/0855 1738810

31 Links Road Burradoo Lot 30 DP 1061441

CJ Lamond 6 Lot

Subdivision

12/08/2014 333 38 371 18/08/2015

57 15/0541 1739800

Mali Brae 562 Nowra

Road Moss Vale Lot 277 DP

751303 Lot 220 DP

651063 Lot 5 DP 114684

GW Dark SN Dark


to Dwelling 19/06/2015 0 58 58 17/08/2015

58 15/0416 1740660

21-41 Sutton Street

Berrima Lots 1-4 Sec

10 & Lots 1-7 Sec 11

DP758098

NI Crowe

Continued use of

horticulture with ancillary

retail use

07/05/2015 0 78 78 24/07/2015

59 15/0328 1740710

115-129 Railway Avenue

Bundanoon Lot 28 DP 1065076

YHA Ltd Alterations


17/04/2015 0 104 104 03/08/2015

60 15/0413 1749570

1030 Old Hume

Highway Alpine

Lot 52 DP 1076836

JL Abel VE Abel

New Dwelling 06/05/2015 0 96 96 11/08/2015




Page | 37

No Application

ID Property

No


Legal Desc

Property Owners

Description Date

Lodged


Assessment Days

Total Assessment

Days

Date Finalised

61 15/0619 1750240

41 Black Horse Lane

Sutton Forest Lot 104 DP 1087612

DW Clifford New Dwelling 07/07/2015 0 27 27 04/08/2015

62 15/0371 1750900

Belanglo Road

Belanglo Lot 2 DP 1093425

Watson Park Pty Limited

Outbuilding (Shed)

29/04/2015 40 55 95 03/08/2015

63 15/0412 1752730

641 Penrose Road

Penrose Lot 3 DP 1097100

KL Rattenbury New Dwelling 06/05/2015 59 26 85 31/07/2015

64 15/0174 1754070

15 Sunninghill Avenue


JE Richardson Alterations


11/03/2015 0 118 118 24/07/2015

65 15/0494 1755340

7-9 Forest Road

Wingello Lot 3 DP 1103480

JG Watchers D Watchers

New Dwelling 05/06/2015 0 60 60 05/08/2015

66 15/0713 1757380

69 Boardman Road


PA Robertson RE Robertson CA Robertson

Construction of outdoor

cover areas, decks and

store room

03/08/2015 0 17 17 20/08/2015

67 15/0682 1759250

2442 Canyonleigh

Road Canyonleigh

Lot 10 DP 806293

DJ Quartermaine

SA Quartermaine

Outbuilding (Shed)

27/07/2015 0 17 17 14/08/2015

68 15/0565 1761260

170 Old South Road


GBH Alcock MJ Alcock

Outbuilding (Garage)

24/06/2015 0 49 49 12/08/2015

69 15/0584 1762830

1/8 Myrtle Street Bowral

Lot 1 S/P 80536

H Varvaressos DBM Brennan


to Dwelling 29/06/2015 0 22 22 21/07/2015

70 15/0282 1771120

15 Old Dairy Close


Free 4 Life Pty Ltd

Industrial Units

02/04/2015 0 111 111 23/07/2015




Page | 38

No Application

ID Property

No


Legal Desc

Property Owners

Description Date

Lodged


Assessment Days

Total Assessment

Days

Date Finalised

71 15/0452 1775000

20 Appenine Road


9882

C Fuller New Dwelling 22/05/2015 38 34 72 03/08/2015

72 15/0609 1775220

410 Colo Road

Colo Vale Lot 1 DP 634813

CS Peachey JL Peachey

Outbuilding (Shed)

06/07/2015 0 39 39 11/08/2015

73 15/0683 1776580

17 Watson Road

Moss Vale Lot 2001 DP

1162309

MP Pownall GJ Pownall

Alterations and Additions to Dwelling &

New Shed

27/07/2015 7 8 15 12/08/2015

74 15/0722 1777920

Church & Office

6-6a Banyette Street Bowral

Lot 1 DP 1171676

Restoration Fellowships

International (NSW)

Incorporated

Alterations and additions to building to

enclose verandah

05/08/2015 0 15 15 20/08/2015

75 15/0493 1778850

46 Burrawang Street

Robertson Lot 2 DP 1146030

BJ Malady PF Malady

New Dwelling 05/06/2015 0 56 56 31/07/2015

76 15/0263 1779970

Ferguson Crescent


S Stojevski Dual

Occupancy 30/03/2015 107 29 136 14/08/2015

77 15/0525 1780570

Compton Park Road Berrima

Lot 16 DP 262971

K Nicholson New Dwelling 15/06/2015 0 37 37 22/07/2015

78 15/0608 1782270

13-15 Fitzroy Street


LP Docherty A Docherty

New Dwelling 03/07/2015 0 34 34 11/08/2015

79 15/0720 1782820

21 Cupitt Street

Renwick Lot 204 DP 1174912

Minister For Community

Services &Assistant

Minister For Health

New Dwelling 04/08/2015 0 12 12 17/08/2015

80 15/0656 1782830

19 Cupitt Street


LA Szablan DV Naufahu

New Dwelling 21/07/2015 0 21 21 11/08/2015




Page | 39

No Application

ID Property

No


Legal Desc

Property Owners

Description Date

Lodged


Assessment Days

Total Assessment

Days

Date Finalised

81 15/0645 1782850

5 Wallis Avenue Renwick

Lot 207 DP 1174912

Minister For Community Services & Assistant

Minister For Health

New Dwelling 16/07/2015 0 25 25 11/08/2015

82 15/0647 1782860


Lot 208 DP 1174912

PYJK Leblanc MDSA Leblanc

New Dwelling 16/07/2015 0 27 27 12/08/2015

83 15/0663 1782870


Lot 209 DP 1174912

MA Todd New Dwelling 21/07/2015 0 22 22 12/08/2015

84 15/0627 1782900


Lot 212 DP 1174912

SB Spence CJ Spence

New Dwelling 10/07/2015 0 17 17 27/07/2015

85 15/0600 1782980

24 Cupitt Street


PA Robins ER Robins

Outbuilding (Workshop)

02/07/2015 0 19 19 21/07/2015

86 15/0476 1784640

10A Thwaites Drive


S Rich MB Rich

New Dwelling 02/06/2015 0 51 51 24/07/2015

87 15/0675 1784660

6 Alcorn Street Bowral

Part Lot 8 DP 745865


Medtran Pty Ltd

Change of Use - Major -

Person Training Rooms

24/07/2015 0 22 22 20/08/2015

88 15/0606 1784780

26 Willow Street

Willow Vale Lot 7 DP 1183396

D Thomas LJ Thomas

New Dwelling 03/07/2015 0 40 40 12/08/2015

89 15/0583 1785220

140 Erith Street


RJ Hackett PR Hebert


to Dwelling 26/06/2015 0 30 30 27/07/2015

90 15/0517 1788890

9 Darraby Drive


JM Snelgrove New Dwelling & Granny Flat

12/06/2015 34 6 40 23/07/2015




Page | 40

No Application

ID Property

No


Legal Desc

Property Owners

Description Date

Lodged


Assessment Days

Total Assessment

Days

Date Finalised

91 15/0475 1789050

16 Aitken Road


VL Stirling GF Stirling

New Dwelling & Detached

Garage 02/06/2015 0 63 63 04/08/2015

92 15/0575 1789220

21A Leopold Street


BR Barham RL Lyons

New Dwelling 25/06/2015 0 32 32 27/07/2015

93 14/1055 1789260

110 Taylor Avenue

New Berrima Lot 33 DP

15995

CA Ford KR Ford

New dwelling 01/10/2014 0 97 97 27/07/2015

94 15/0690 1790000

9 Turner Way Renwick

Lot 6118 DP 1195222

BJ Boyan SM Boyan

New Dwelling 28/07/2015 0 14 14 11/08/2015

95 15/0435 1790830

42 Old Hume Highway


9882

CR Caines New Dwelling 13/05/2015 0 70 70 22/07/2015

96 15/0543 1791650

3 Connolly Close

Renwick Lot 8018 DP

1199372

MLG Grainger KW Grainger

New Dwelling 19/06/2015 0 33 33 22/07/2015

97 15/0169 1791690

Lytton Road Moss Vale

Lot 26 Sec D DP 2810

AA Champion DM Champion

Truck Parking Garage

10/03/2015 89 58 147 06/08/2015

98 15/0497 1791850

15 Gascoigne Street

Willow Vale Lot 22 Sec 13

DP 792

JR Reko AL Reko

New Dwelling 05/06/2015 0 55 55 30/07/2015

99 15/0454 1792060

Rockleigh Road


SE Woodward PJ Woodward

New Dwelling 22/05/2015 38 34 72 03/08/2015

100 15/0557 1792470

8A Lytton Road


TJ Dumughn BA Oliver

New Dwelling 23/06/2015 0 38 38 31/07/2015

101 15/0506 1792600

Park Street Mittagong Lot A DP 371152

S Sweegers JA Elliott

New Dwelling 10/06/2015 9 45 54 05/08/2015




Page | 41

No Application

ID Property

No


Legal Desc

Property Owners

Description Date

Lodged


Assessment Days

Total Assessment

Days

Date Finalised

102 15/0711 1792920

3 Yarrawa Street


AS Gill CJ Barton

New Dwelling 31/07/2015 0 5 5 05/08/2015

103 15/0712 1792940

7 Yarrawa Street


Mesuki Pty Limited

New Dwelling 31/07/2015 0 4 4 05/08/2015

104 15/0721 1793320

3 Kamilaroi Crescent Braemar

Lot 102 DP 1204085

DI Cameron New Dwelling 04/08/2015 0 12 12 17/08/2015

105 15/0635 1793360

13 Mimosa Place

Braemar Lot 106 DP 1204085

TA Merriman KA Merriman

New Dwelling 13/07/2015 0 31 31 14/08/2015

106 15/0566 1793390

17 Mimosa Place


LG Halse DC Halse

New Dwelling 24/06/2015 0 28 28 31/07/2015

107 15/0602 1793520

25A North Street


Red Nimbus Pty Ltd

New Dwelling 02/07/2015 0 39 39 11/08/2015

108 15/0290 1793640

6 Lomandra Lane


SM Binns CD Binns

New Dwelling 09/04/2015 83 21 104 22/07/2015

109 15/0428 1793970

Charcoal Lane High Range

Lot 2 DP 1165092

RS Hooke CT Hooke

New Dwelling 11/05/2015 31 52 83 03/08/2015

110 15/0289 1794160

51A Sunninghill

Avenue Burradoo Lot 4 DP 1051615

JA Unwin PA Nevell KA Nevell

New Dwelling 08/04/2015 36 69 105 23/07/2015

111 15/0481 1794590

179 Range Road


GR Isedale EL Isedale

New Dwelling 02/06/2015 0 56 56 28/07/2015




Page | 42

ATTACHMENTS





Page | 43

13.2 Development Applications Received 20.7.2015 to 23.8.2015

Reference: 5302 Report Author: Administration Officer Authoriser: Group Manager Planning, Development & Regulatory

Services Link to Corporate Plan: Ensure that that unique heritage qualities of towns, villages

and special areas are protected

PURPOSE This report provides a list of development applications which have been received between 20 July 2015 and 23 August 2015, some of which have been dealt with under delegated authority of the Deputy General Manager Corporate, Strategy and Development Services.

RECOMMENDATION

THAT the information relating to the List of Development Applications Received Nos 1 to 99 be received and noted.

Application

ID Property

No

Property Address & Property Legal

Desc

Property Owners

Full Details Date

Created Council Delegation

Weekly Circular

1 15/0740 15000 17 Alfred Street


BJ Bofinger JG Bofinger


Pool) 10/08/2015

2 15/0809 97200

16 Ashgrove Place


IR Lamberton MR Lamberton

Alterations and Additions to

Dwelling 21/08/2015

3 15/0661 101700

18 Azalea Street Colo Vale

Lot 11 Sec 13 DP 2389

CJ Cash AL Cash


Pool) 21/07/2015

*

4 15/0751 129800 3 Bedford Place


PJ Gray E MacLeod

Outbuildings 11/08/2015

5 15/0731 160800 8 Berrima Drive

Berrima Lot 5 DP 712090

PJO Elsing JA Elsing


Dwelling 07/08/2015

6 15/0736 230800

98 Bowral Street Bowral

Lot 17 Sec C DP 11838

LL Windeyer JC Windeyer


Dwelling 07/08/2015

7 15/0659 279800 1 Burns Place


PES Donald BE Donald

New Dwelling 21/07/2015

8 15/0804 329900

64 Centennial Road


HMR Byrnes E Byrnes


Dwelling 20/08/2015




Page | 44

Application

ID Property

No


Desc

Property Owners

Full Details Date


Weekly Circular

9 15/0784 443400 16 Devon Street


SJ Brown PH Brammer


Dwelling 14/08/2015

10 15/0701 506000

47 Eridge Park Road


AC Norris Alterations and

Additions to Dwelling

30/07/2015

11 15/0790 508000 22 Erith Street


VJ Roche ML Roche


Commercial & Demolition &

Car Park (Medical Practice)

18/08/2015

12 15/0802 604800 6 Gwen Road Fitzroy Falls

Lot 4 DP 570821

KA Johnson Alterations and


20/08/2015

13 15/0662 639700

24 Holly Street Bowral

Lot 111 DP 774037

BJ Gray SW Gray


Dwelling 21/07/2015

14 15/0658 669800

217-219 Old Hume Highway

Mittagong Lot 2 Sec 35 DP

1374 Lot 3 Sec 35 DP

1374

NR Traynor A Traynor

Commercial development

for Showroom including

Warehouse

21/07/2015

15 15/0714 699200

130 Main Street Mittagong Lot 100 DP 1121314

The Trust Company (Australia)

Limited

Sign/Fixed Advertisements

03/08/2015

16 15/0719 709300

3483 Old Hume Highway Berrima

Lot 8 Sec 40 DP 758098

Lot 9 Sec 40 DP 758098

Lot 10 Sec 40 DP 758098

Lot 11 Sec 40 DP 758098 and 6

more

AJ Leimroth MZ Leimroth

Continued use of the site as a

vehicular repair station

04/08/2015

17 15/0706 722200

16-18 Innes Road Moss Vale

Lot 1 DP 136849 Lot 2 DP 136849

JH Main KC Main


*

18 15/0747 763300

64 Kangaloon Road


JT Gray P Gray


Dwelling 11/08/2015

*




Page | 45

Application

ID Property

No


Desc

Property Owners

Full Details Date


Weekly Circular

19 15/0732 784700

10 Penrose Forestry Road

Penrose Lot A DP 308975

GM Charlwood

Landscape Material Supplies Organic

Compost Facility

07/08/2015

20 15/0664 810500

Jindalee 5 Kirkham Road


CJ Dowling RG Herborn


22/07/2015

*

21 15/0724 851900 36 Ligar Street


SJ Kennedy EL Kennedy


05/08/2015

22 15/0669 872800 1 Lyell Street


J Sell GA Sell

Demolition (Existing Dwelling)

23/07/2015

*

23 15/0755 959100

33 Missingham Parade


SJ McNeilly RW McNeilly

Outbuilding (Garage with

loft) 11/08/2015

24 15/0794 1004300

85 Mt Ashby Road


AGT Macpherson PM Hoffman


Dwelling 19/08/2015

25 15/0793 1023100

32A Narellan Road


J Flick New Dwelling with Detached

Garage 19/08/2015

26 15/0679 1097900

Tandara 45 Osborne Road


BM Peterson Alterations and


27/07/2015

27 15/0725 1259500

Beredere 1000 Range Road


MJ Govier GC Govier


Dwelling 05/08/2015

28 15/0674 1289300

10-12 Rosenthal Avenue

Bundanoon Lot 7 Sec 2 DP

10378 Lot 8 Sec 2 DP

10378

V Ambler Alterations and


24/07/2015

*

29 15/0704 1297700 5 St Denis Close


MV Bell GA Bell


Dwelling 30/07/2015

30 15/0655 1321600

576 Sheepwash Road Avoca

Lot 5 DP 246960

GM Rickards SG Rickards


31 15/0667 1334400 20 Sierra Street

Yerrinbool Lot 73 DP 11780

ST Thompson BL Prince

Outbuilding (Shed)

23/07/2015

*

32 15/0762 1471400 1 Rossgoll Road


Z Waters JR Waters


Dwelling 12/08/2015




Page | 46

Application

ID Property

No


Desc

Property Owners

Full Details Date


Weekly Circular

33 15/0727 1558300 115 Walkers Lane

Avoca Lot 2 DP 716059

LJ Kelly M Crisante

Outbuilding (Shed)

06/08/2015

34 15/0741 1560000

170 Wallaby Hill Road


Alex Townsend

Outbuilding (Detached Office & Studio)

10/08/2015

35 15/0799 1590800 2 Pearce Street

Hill Top Lot B DP 380250

Roundel Pty Limited

Demolition, 2 New Dwellings,

2 Lot Subdivision and Tree Removal

20/08/2015

36 15/0805 1605400 57 William Street


ML Thomas GJ Weare


Dwelling 20/08/2015

37 15/0687 1629300

114 Wilson Drive Hill Top


MJ Hicks MG

Chamberlain-Cusack


*

38 15/0807 1701287 225 Exeter Road

Sutton Forest Lot 7 DP 815530

AM Feetham Alterations and


21/08/2015

39 15/0752 1702277 12 Oxford Street


Mitsicon Pty Limited

Boundary Adjustment

11/08/2015

40 15/0730 1704263 44 Church Road


KR Stinson IE Stinson

New Dwelling, Farm & Access

Road 06/08/2015

41 15/0696 1704399

3 Currockbilly Street Welby

Lot 100 DP 854933

KFJB Frenzel LJ Young

Outbuilding 29/07/2015

*

42 15/0796 1705235

13124 Hume Highway

Sutton Forest Part Lot 11 DP

857127

Australian Property

Syndicates P/L

Installation of underground Tank to Store

Adblue

19/08/2015

43 15/0749 1705392

6 Hammock Hill

Rise Bowral

Lot 1 DP 866971

TJ Preddey RW Preddey


Dwelling 11/08/2015

44 15/0800 1705725

10 Acer Court

Bowral Lot 511 DP

871311

P Warlow-East Alterations and


20/08/2015

45 15/0728 1707582

17 James Street Hill Top

Lot 100 DP 1004108

ED Packer New Dwelling 06/08/2015

46 15/0680 1708460 6 Cluff Crescent


BJ Mckern-Barrett

R Barrett


Dwelling 27/07/2015




Page | 47

Application

ID Property

No


Desc

Property Owners

Full Details Date


Weekly Circular

47 15/0703 1719660 11 Caber Street


PL Higgs HK Higgs


48 15/0797 1738680

16 Windsor Crescent


LJA Vella RC Vella

Boundary Adjustment

19/08/2015

49 15/0735 1744480

58 & 60 Woodbine Street

Bowral Lot 61 DP

1142632 & Lot 62 DP 1142632

LA Moule DR Moule & BF Walker


Dwelling 07/08/2015

50 15/0743 1745860 9 Morrice Court


NC Thorn AE Thorn


Dwelling 10/08/2015

51 15/0742 1751800

4 Northcott Place Moss Vale Lot 174 DP 1095417

MA Murphy New Dwelling 10/08/2015

52 15/0795 1753970 8 Kyeema Close


SM Bellas ASK Bellas


Dwelling 19/08/2015

53 15/0713 1757380

69 Boardman Road


PA Robertson RE Robertson CA Robertson

Outbuilding (Construction

of outdoor cover areas,

decks and store room)

03/08/2015

*

54 15/0676 1757750

7 Missingham Parade


SR O'Ryan JA O'Ryan

Boundary Adjustment

24/07/2015

55 15/0801 1759080

49 Kingsbury Circuit Bowral

Lot 73 DP 1116138

RM Leslie PU Leslie


56 15/0682 1759250

2442 Canyonleigh Road

Canyonleigh Lot 10 DP 806293

DJ Quartermaine

SA Quartermaine

Outbuilding (Shed)

27/07/2015

*

57 15/0668 1759360

397 Old Argyle Road


BL Smith EH Smith


Dwelling 23/07/2015

58 15/0686 1769690

1960 Wombeyan Caves Road High Range

Lot 1 DP 1131840 Lot 1 DP 1138481

Clerp Investments Pty

Limited New Dwelling 27/07/2015

59 15/0699 1770580

54 Railway Parade

Balmoral, Lot 10 DP 1145369

SA Marlow GE Marlow





Page | 48

Application

ID Property

No


Desc

Property Owners

Full Details Date


Weekly Circular

60 15/0806 1774300

193-203 Old Hume Highway


Bieson Pty Ltd Sign 20/08/2015

61 15/0694 1775840

372 Tugalong Road

Canyonleigh Lot 15 DP 710595 Lot 1 DP 1155364

JW Kenny EK Kenny


Dwelling 28/07/2015

62 15/0702 1776050

6410 Illawarra Highway

Moss Vale Lot A DP 357260 Lot 1 DP 1159591

SC Young RA Young

Outbuilding (Extension to Farm Shed)

30/07/2015

63 15/0708 1776050

6410 Illawarra Highway

Moss Vale Lot A DP 357260 Lot 1 DP 1159591

SC Young RA Young

Outbuilding (Workshop)

31/07/2015

64 15/0683 1776580

17 Watson Road Moss Vale

Lot 2001 DP 1162309

MP Pownall GJ Pownall

Alterations and Additions to Dwelling & New Shed

27/07/2015

*

65 15/0723 1777350

581 Greenhills Road

Berrima Lot 31 DP 597610

BC Kennedy KR Nott

Home Industry 05/08/2015

66 15/0722 1777920

Church & Office 6-6A Banyette

Street Bowral

Lot 1 DP 1171676

Restoration Fellowships

International Incorporated

Alterations and additions to building to

enclose verandah

05/08/2015

*

67 15/0657 1779450

17B Kent Street Yerrinbool Lot 302 DP 1172501

KL Rolfe CL Rolfe


68 15/0772 1779930

Biggera Street & Railway Parade

Braemar Lots 9 & 10 DP 1172869

DC Williams 7 Lot

Subdivision 12/08/2015

69 15/0720 1782820

21 Cupitt Street Renwick

Lot 204 DP 1174912

Minister for Community Services & Assistant

Minister for Health


*

70 15/0656 1782830


Lot 205 DP 1174912

LA Szablan DV Naufahu


*

71 15/0780 1782840


Lot 206 DP 1174912

Minister for Community Services &

Assistant Minister for Health





Page | 49

Application

ID Property

No


Desc

Property Owners

Full Details Date


Weekly Circular

72 15/0663 1782870


Lot 209 DP 1174912

MA Todd New Dwelling 21/07/2015

*

73 15/0675 1784660

6 Alcorn Street Bowral



Medtran Pty Ltd

Change of Use (Major - Person

Training Rooms)

24/07/2015

*

74 15/0739 1785420 51 Lytton Road


TGG Delaney HA Moore

Outbuilding (Shed)

10/08/2015

75 15/0693 1786250

52 Westgrove Road


Sojene Pty Ltd Outbuilding (Swimming

Pool) 28/07/2015

76 15/0695 1787340 24 Semkin Street


DI Ross 2 Lot

subdivision 29/07/2015

77 15/0781 1787520

11 Pirrillie Street Hill Top

Lot 80 DP 1145180

Greengrass Slashing Pty Ltd

Relocated Dwelling

13/08/2015

78 15/0672 1787550

15 Market Place Berrima

Lot 10 Sec 1 DP 758098

RS Blay D Blay


Dwelling 23/07/2015

79 15/0778 1789460 22 Albert Street


JP Herps X Herps

Outbuilding (Retaining

Walls) 13/08/2015

80 15/0684 1789920

8 Stewart Street Renwick

Lot 6110 DP 1195222

S Kumar New Dwelling 27/07/2015

81 15/0690 1790000


Lot 6118 DP 1195222

BJ Boyan SM Boyan


*

82 15/0783 1790060

21 Turner Way

Renwick Lot 6124 DP

1195222

BA North KL North

Outbuilding (Shed)

14/08/2015

83 15/0733 1790070


Lot 6125 DP 1195222

RN Bibby CR Bibby


84 15/0757 1790530

203 Horderns Road

Bowral Part Lot 311 DP

1191798 Lot 312 DP 1191798

Tujilo Pty Limited

Boundary Adjustment

11/08/2015




Page | 50

Application

ID Property

No


Desc

Property Owners

Full Details Date


Weekly Circular

85 15/0737 1791520

10 Bold Street Renwick

Lot 8005 DP 1199372

RA Joseph New Dwelling 07/08/2015

86 15/0786 1792140

141 Rockleigh Road


R Koltai New Dwelling 17/08/2015

87 15/0810 1792190

Baker Street Moss Vale Lot 36 DP 1202638

Broughton Street Moss Vale Pty Ltd

93 Lot Subdivision

21/08/2015

88 15/0711 1792920 3 Yarrawa Street


AS Gill CJ Barton


89 15/0712 1792940 7 Yarrawa Street


Mesuki Pty Limited


*

90 15/0721 1793320

3 Kamilaroi Crescent Braemar

Lot 102 DP 1204085

DI Cameron New Dwelling 04/08/2015

*

91 15/0750 1793750

4 Isedale Road Braemar

Lot 141 DP 1204085

Feldkirchen Pty Limited


92 15/0756 1793760

6 Isedale Road Braemar

Lot 142 DP 1204085

Feldkirchen Pty Limited


93 15/0710 1794080

106-114 Old

Wingello Road Bundanoon


Woodside Properties Pty

Limited New Dwelling 31/07/2015

94 15/0715 1794530

17 Pikkat Drive Braemar Lot 91 DP 1187747

Lot 7 DP 1208056

Willow Properties Pty

Ltd

Periodic Use of VMS Sign

Board 04/08/2015

95 15/0678 1794560

1323 Old South Road


Midas Properties Pty

Ltd

Development Application

157 Lot Subdivision

24/07/2015

96 15/0779 1794580

5 Lansdown Place Moss Vale Lot 222 DP 1207892

RP Sapsford PE Sapsford





Page | 51

Application

ID Property

No


Desc

Property Owners

Full Details Date


Weekly Circular

97 15/0688 1794640

520 Old South Road

Mittagong Lot 79 DP 751282 & Part Lot 117 DP 659149 & Lots15-

16/18-19 DP 1148687

Development Implementation

Pty Ltd

4 lot residential subdivision

28/07/2015

98 15/0788 1794910

Compton Park Road

Berrima Lot 121 DP

814282

CJN Holdings Pty Limited

New Dwelling & Shed

18/08/2015

* Denotes Applications that have been approved during the period 20 July to

3 September 2015

ATTACHMENTS





Page | 52

13.3 Amendment to Bowral Town Development Control Plan - Inclusion of Retford Park Precinct

Reference: 5700/70 Report Author: Acting Group Manager Strategic & Assets Authoriser: Group Manager Planning, Development & Regulatory

Services Applicant: Wingecarribee Shire Council Owner: Wingecarribee Shire Council Link to Corporate Plan: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE The purpose of this report is to recommend the adoption of the inclusion of the Retford Park Precinct in the Bowral Township Development Control Plan (Bowral DCP), post public exhibition.



RECOMMENDATION 1. THAT Bowral Township Development Control Plan Draft (Amendment 8), as

included as Attachment 1 to the report be adopted by Council.

2. THAT property owners of Retford Park be advised in writing of the adoption of Bowral Township Development Control Plan Draft (Amendment 8).

3. THAT Council effect the Amendment in accordance with Clause 22 of the

Environmental Planning and Assessment Regulation 2000 through a notice in a local newspaper.

REPORT

BACKGROUND

At its Ordinary Meeting of 24 June 2015 Council made the following resolution:

1. THAT Bowral Township Development Control Plan Draft (Amendment 8), as included as Attachment 1 to the report be placed on public exhibition in accordance with Clauses 18 and 19 of the Environmental Planning and Assessment Regulation 2000, noting the amendment to C24.2.2 – Character of the future development – No 2 to read “Dwelling houses are to have pitched roofs no less than 22 degrees to reflect the heritage significance of the Retford Park site.”




Page | 53

2. THAT property owners of Retford Park be advised in writing of the public exhibition of Bowral Township Development Control Plan Draft (Amendment 8).

3. THAT Council notify the Amendment through local newspaper advertisements.

In respect of the above resolution the Draft inclusions to the Bowral DCP were placed on public exhibition from 22 July 2015 to 21 August 2015. No submissions were received in response to the public exhibition.

DETAILS OF BOWRAL DCP AMENDMENTS

Subject Site and Locality

Figure A1.1 in Bowral DCP is proposed to be amended to now include Retford Park, as shown in Figure 1 (refer Attachment 2).

It should be noted that the eastern section of Retford Park, zoned R5 Large Lot Residential is not included on the Urban Release Area maps of WLEP 2010, however is to be included in the new Bowral DCP boundary to ensure the general controls of the DCP apply to that land.

The specific Retford Park controls, are introduced as Section 24 of the Bowral DCP and only apply to the western section of Retford Park because of its inclusion on the Urban Release area maps of WLEP 2010.

Section 24 of the Bowral DCP includes the following preferred development outcomes and controls, as requested by the developer over and above the standard DCP controls:

1. Dwelling houses on all lots with a common boundary with the main driveway to heritage listed Retford Park House (Lot 221 DP 1206897, Schedule 5 – WLEP 2010) are to be restricted to one storey (6m maximum height above natural ground level).

2. Dwelling houses are to have pitched roofs no less than 22 degrees to reflect the heritage significance of the Retford Park site.

3. Other than identified by 1. above, no dwelling house shall exceed 8.5m in height above natural ground level or 2 storeys.

4. Notwithstanding 1. or 3. above dwelling houses may be built with rooms in the roof providing all windows are dormer windows and no balcony is greater than 2m2 in area.

5. No garden shed, tool shed, workshop or garage is to be erected closer than 3m from the heritage listed Retford Park (Lot 221 DP 1206897, Schedule 5 WLEP 2010) main driveway boundary.

6. The roof of any dwelling house shall not be constructed of reflective materials.

It should be noted that the above controls and those already existing in the DCP generally in respect to development of housing only apply to development that is not complying development under the NSW State Housing Code, as the State Code prevails if the development is in compliance with the Code.




Page | 54

However, Section 24 is still relevant to the overall development of the subdivision and contains the following:

Staging Plan

Transport Movement Hierarchy

Landscaping Strategy

o Overall Concept Plan

o Central Park Detail Concept Plan

o Western Boundary and Drainage Management Land Concept Plan

The above listed plans are the same as those included in the Retford Park Planning Agreement that was recently entered into be Council. Each of the above Plans is followed by some development objectives and/or standards, consistent with the Retford Park Planning Agreement.


ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The western section of the Retford Park development site is zoned R2 Low Density Residential and has a minimum lot size of 1,000m2. As the land is also contained on the WLEP 2010 Urban Release Area maps, an amendment to the Bowral DCP is required to include the subject land, with some specific controls, to enable Council to approve development under Clause 6.2 of WLEP 2010.

State Environmental Planning Policies

Exempt and complying development under the provisions of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 will prevail over the amended Bowral DCP.

CONSULTATION


External Referrals

Referral to other government agencies was not required in respect of the proposed Bowral DCP amendment to include Retford Park.

Internal Referrals

The proposed amendments to the Bowral DCP to include Retford Park are the same as those negotiated for the Retford Park Planning Agreement, which involved extensive consultation with Council staff, including Engineers, Parks and Recreation Coordinator and Planners.




Page | 55

Neighbour Notification (or Advertising)/Public Participation

The Draft Bowral DCP amendments for Retford Park were publicly exhibited from 22 July 2015 to 21 August 2015. No submissions were made in respect of the draft amendments.


Environment

The Bowral DCP contains extensive provisions to enhance the environmental assessment of many aspects of the development including heritage, storm water, habitat disturbance, transport and infrastructure for future on development on the Retford Park site.

Social

The proposed amendments to the Bowral DCP will also enhance and set criteria for social assessment for future residential development on Retford Park.


There are no broader economic implications in relation to this report.

Culture

The Bowral DCP contains heritage assessment provisions which will apply to development adjacent the heritage listed Retford Park site (Lot 221 DP1206897) to the east (house and grounds) and north (main entrance) of the subject land.

Governance

The Bowral DCP amendments have been made in respect of Clause 6.2 and 6.3 of WLEP 2010, the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.


The Bowral DCP amendments for Retford Park are consistent with Council’s Wingecarrbee Shire Community Strategic Plan 2031+, as it will provide consistent development controls to those applying to the whole of Bowral and some unique requirements for Retford Park. As such the Bowral DCP amendment will “Retain and make more distinctive the special qualities that make each town or village unique.” (Goal 3.2.2)


There are no budget implications in relation to this matter.


There are no other Council policies in respect of this matter other than those discussed in the body of this report.

OPTIONS

There is one option recommended to Council:




Page | 56

Option 1

1. THAT Bowral Township Development Control Plan Draft (Amendment 8), as included as Attachment 1 to the report be adopted by Council.

2. THAT property owners of Retford Park be advised in writing of the adoption of Bowral Township Development Control Plan (Amendment 8).

3. THAT Council make the Amendment effective in accordance with Clause 22 of the Environmental Planning and Assessment Regulation 2000, by placing a notice in a local newspaper.

CONCLUSION

To enable Council to grant future development consent on Retford Park, the Bowral DCP requires amendment under Clause 6.2 and 6.3 of WLEP 2010. The proposed amendments to Bowral DCP meet the requirements of Clause 6.2 and 6.3, and are consistent with the Retford Park Planning Agreement.

It is recommended that the Bowral DCP Draft (Amendment 8) be adopted and made effective as soon as possible.

ATTACHMENTS

1. Retford Park Precinct as Exhibited

2. Draft Bowral DCP Boundary Plan - Includes Retford Park - circulated under separate cover



ATTACHMENT 1 Retford Park Precinct as Exhibited

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ATTACHMENT 1




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Page | 64

13.4 Third Deed of Variation to Nattai Ponds Planning Agreement No 1 - Post Public Exhibition

Reference: 5701/34 Report Author: Acting Coordinator Strategic Planning Authoriser: Group Manager Planning, Development & Regulatory

Services Link to Corporate Plan: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE The purpose of this report is to discuss the results of the Public Exhibition of the Third Deed of Variation to the Nattai Ponds Planning Agreement (Attachment 1). It is recommended that the Third Deed of Variation to the Nattai Ponds Planning Agreement be entered into by Council.



RECOMMENDATION

1. THAT Council enter into the Third Deed of Variation to the Nattai Ponds Planning Agreement (Attachment 1 to the report)

2. THAT the General Manager be delegated authority to execute the Third Deed of

Variation to the Nattai Ponds Planning Agreement (Attachment 1 to the report), between Council and Feldkirchen, by signing the Execution Page of the Deed of Variation.

REPORT

BACKGROUND

At its Ordinary Meeting of 24 June 2015 Council made the following resolution:

1. THAT the Third Deed of Variation to the Nattai Ponds Planning Agreement, as

included as Attachment 1 to the report, be placed on public exhibition in accordance with Section 93G of the Environmental Planning and Assessment Act and Clause 25D of the Environmental Planning and Assessment Regulation 2000.

2. THAT the adjoining property owners be notified in writing of the proposed Third Deed

of Variation to the Nattai Ponds Planning Agreement and invited to comment during the public exhibition period.




Page | 65

In respect of the above resolution the Third Deed of Variation to the Nattai Ponds Planning Agreement was placed on public exhibition from 22 July 2015 to 21 August 2015. Adjoining property owners were also notified in writing of the Deed of Variation.

One submission was received during the Public Exhibition period and is discussed in the body of this report.

REPORT

The Third Deed of Variation to the Nattai Ponds Planning Agreement has been requested by the developer and proposes to amend the Planning Agreement so that the developer is not required to extend Isedale Road to the boundary of the property (Garden World Development Site) to the north prior to commencing Stage 2 of the Nattai Ponds development. However the developer will still be required to construct the road prior to the release of Stage 4. The following Figures visualise the location and proposed extension of Isedale Road.

Figures 1 and 2 (Attachments 2 and 3) show that Isedale Road is currently constructed up to a drainage corridor traversing the Nattai Ponds site from west to east, then onto the railway corridor and running north to the Braemar Garden World site to the north. An extension of Isedale Road at this point in time would require the construction of a large culvert over the drainage corridor and a large length of road to the Garden World Site parallel to the Main Southern Rail Line. Figure 2 shows that the developer does not intend to develop the ‘blue’ land over the drainage corridor, until Stage 4, which is the final stage of the Development.

However, the current Planning Agreement requires the extension of Isedale Road to the Garden World site prior to commencement of Stage 2, ‘yellow’ land. This was originally agreed as both land developers, Garden World (Development Implementation Pty Ltd) and Nattai Ponds (Feldkirchen Pty Ltd), were negotiating the shared cost of the recently installed traffic signals on the intersection of the Old Hume Highway and Isedale Road. Unfortunately those negotiations, not involving Council, remain unresolved.

As such the Nattai Ponds developer wishes to amend the Planning Agreement to remove the impost of constructing the Isedale Road extension prior to commencing Stage 2. An impost will still remain that Isedale Road extension be completed prior to release of Subdivision Certificate for Stage 4 of Nattai Ponds.

Further, the Third Deed of Variation contains new clauses allowing the developer of the Garden World site to be granted access to the Nattai Ponds land to construct the Isedale Road extension to their development if they need to do so.

It should be noted that a Development Application for the Garden World site for residential subdivision is currently with Council, however the applicant has not resolved issues raised by the Roads and Maritime Services (RMS) in respect of access to the Old Hume Highway, as they are seeking an alternative to Isedale Road via Nattai Ponds.

The Third Deed of Variation to the Nattai Ponds Planning Agreement is considered reasonable for the following reasons:

It removes an unreasonable impost on the Developer of Nattai Ponds to construct the Isedale Road extension to the Garden World site prior to commencement of Stage 2, as the Nattai Ponds Developer does not require the Isedale Road extension until Stage 4.




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It allows the developer of the Garden World site to enter the Nattai Ponds site and construct the Isedale Road extension to their site, enabling suitable access to the recently completed traffic signals.

In respect of the second point above, both development parties (Nattai Ponds and Garden World) will need to privately negotiate the terms of the Isedale Road extension, which has been the intention from the beginning of both developments to limit the required set of traffic lights to one (1) set, catering for both developments.

CONSULTATION


The Third Deed of Variation to the Nattai Ponds Planning Agreement was placed on public exhibition from 22 July 2015 to 21 August 2015. Adjoining property owners were also notified in writing of the Deed of Variation.

One submission was received during the Public Exhibition period and is discussed as follows:

Wilshire Webb Staunton Beattie on behalf of Development Implementations Pty Ltd (owners of Garden World site to north of Nattai Ponds), points summarised:

Development Implementation would have no direct enforceable rights to have the proposed clauses of the VPA (to enable them to enter land and build Isedale Road) enforced in the case of any dispute between Development Implementation and Feldkirchen.

As drafted the VPA would require the Council to enforce the VPA against Feldkirchen in the event that there was such a dispute.

To ensure Development Implementation has its own independent rights there must be a separate requirement in the Deed of Variation that Feldkirchen, Council and Development Implementation enter into a separate deed of agreement. This deed would have to include provisions relating to:

o The requirements of clause 5.1 of the 3rd Deed of the VPA

o Insurances

o Indemnity and releases

o Road works design and standards

o Timing for works and access

o Use of an appropriate part of Stage 4 land for the storage, site office, deliveries

etc,

o Obtaining of the necessary consents and approval

o Procedures for completion of works and rectification of defects

o Procedures for dedication of the road to the Council, and

o Equal sharing of costs

The above list is not exclusive and there may be other requirements




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Finally should Development Implementation need to build Isedale Road, it should only need to build the carriageway (including kerb and gutter), but not be required to provide services as well.

Comment: Following consideration of legal advice on the above matter by Council’s Panel Solicitors it is recommended that the Third Deed of Variation be entered into. There is no need at this stage for a third party to enter into the Nattai Ponds VPA. As the Deed of Variation is written there is the ability for Development Implementation to negotiate terms with Feldkirchen to construct Isedale Road to enable access to their property. Further, Development Implementation currently has a development application with Council, which has unresolved issues with the Roads and Maritime Services (RMS). Development Implementation has also been seeking a Voluntary Planning Agreement for their development, however, it cannot be progressed until such time that issues with the RMS are resolved. Nevertheless, the issues raised in their response above can be resolved in a Voluntary Planning Agreement for their development. As such there is no reason to further delay Nattai Ponds development by not entering into the Third Deed of Variation at this time.


Environment

There are no environmental issues in relation to this report.

Social

There are no social issues in relation to this report.



Culture


Governance

There are no governance issues in relation to this report.


There are no impacts on Council’s budget in respect of the Third Deed of Variation to the Nattai Ponds Planning Agreement, as the Isedale Road extension will be the responsibility of one or two private developers, working together or separately.


The Third Deed of Variation to the Nattai Pond Planning Agreement has been negotiated and drafted in accordance with Council’s Planning Agreements Policy.

OPTIONS

There are two options recommended to Council:




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Option 1

That the Third Deed of Variation to the Nattai Ponds Planning Agreement be entered into by Council, as exhibited.

Option 2

That the Third Deed of Variation to Nattai Ponds Planning Agreement not be entered into by Council and status quo remains.

Option 1 is the recommended option as it will enable the Nattai Ponds residential subdivision to continue releasing Stages 2 and 3 without the burden of constructing Isedale Road upfront, which only serves Stage 4 of Nattai Ponds. The Third Deed of Variation still requires Isedale Road to be constructed prior to release of Stage 4 of Nattai Ponds.

CONCLUSION

The Third Deed of Variation to the Nattai Ponds Planning Agreement seeks to remove the requirement from the developer of Nattai Ponds to complete the Isedale Road extension to the Garden World property boundary, prior to commencing Stage 2 of the Nattai Ponds development. The developer of Nattai Ponds is still required to complete the Isedale Road extension prior to the release of the Subdivision Certificate for Stage 4, as the road extension is required to access that stage anyway.

Should the Garden World developer (Development Implementation) require access via the Isedale Road extension prior to Stage 4 of Nattai Ponds being constructed, the Third Deed of Variation contains clauses allowing the Garden World developer to negotiate access to the Nattai Ponds site and construct the Isedale Road extension. This is not an exceptional circumstance and such negotiation would be required between property owners even if a Planning Agreement was not in place.

Therefore, in conclusion the Third Deed of Variation to the Nattai Ponds Planning Agreement removes an unreasonable impost on the Nattai Ponds Developer to construct the Isedale Road extension at this point in time and requires that both developers negotiate a mutually beneficial outcome for the Isedale Road extension at an appropriate time in the future. Hence it is recommended that Council enter into the Third Deed of Variation to the Nattai Ponds Planning Agreement.

ATTACHMENTS

1. Third Deed of Variation Nattai Ponds Planning Agreement - circulated under separate cover

2. Figure 1 - Site Map - circulated under separate cover

3. Figure 2 - Staging Plan from VPA - circulated under separate cover




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13.5 Planning Proposal for 450 Square Metres Minimum Lot Size on Nattai Ponds Braemar

Reference: 5901/45 Report Author: Land Use Planner Authoriser: Acting Coordinator Strategic Planning Applicant: Wingecarribee Shire Council Owner: Feldkirchen Pty Ltd Link to Corporate Plan: Provide for housing types that match projected

demographic and household needs in appropriate locations

PURPOSE The purpose of this report is to inform Council of the public exhibition with regard to a Planning Proposal to amend Wingecarribee Local Environmental Plan (WLEP) 2010 by applying a 450 square metre (sqm) minimum lot size to the Nattai Ponds development site at Braemar to maintain the density of development on approved lots. This report recommends that Council support the making of the Planning Proposal.


Councillors are required to record their votes on this matter

RECOMMENDATION 1. THAT in accordance with Section 59 of the Environmental Planning and

Assessment Act 1979 Council proceed with the making of the Planning Proposal to apply a Minimum Lot Size of ‘G’ (450 sqm) to the land identified as the Nattai Ponds development site surrounding Isedale Road, Braemar and on Lots 2 to 3 DP 607486, 71-73 and 75-77 Old Hume Highway, Braemar.

2. THAT affected landowners be informed of Council’s decision.

REPORT

BACKGROUND

At its Ordinary meeting of 12 November 2014 Council considered a report to proceed with a Planning Proposal to apply a minimum lot size of 450 sqm to the subject site. As a result of their deliberations the following resolution was made:

1. THAT the Planning Proposal be prepared in accordance with the Department of

Planning Guidelines for the amendment of the Wingecarribee Local Environmental Plan 2010 to apply a minimum lot size of 450 square metres to Lots 1 to 8 DP




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1044854, Isedale Road, Braemar and Lots 2 to 3 DP 607486, 71-73 and 75-77 Old Hume Highway, Braemar and forwarded to the Department of Planning for Gateway Determination.

2. THAT the Draft Amendments to the Northern Villages Development Control Plan be

placed on public exhibition for a period of twenty eight (28) days in accordance with the Section 74E of the Environmental Planning & Assessment Act, 1979 and Section 18 of the Environmental Planning & Assessment Regulations 2000.

3. THAT affected landowners be informed of Council’s decision.

A Planning Proposal was prepared in accordance with the above resolution and submitted to the Department of Planning and Environment (DPE) on 23 February 2015 for a Gateway Determination.

A Gateway Determination was received from the DPE on 23 March 2015 requiring Community Consultation for a period of 14 days. This report discusses the results of the public exhibition period.

The Northern Villages Development Control Plan amendments for the Nattai Ponds precinct have already been made.

Site History

The residential subdivision of the site was approved under DA 12/0380 for 251 lots. The development application covers the entire site and has 5 stages. Stage 1 is complete with 57 lots released. As the consent for the subdivision has been approved, Water NSW and Rural Fire Service comments were not required for the Planning Proposal.

The release of lots has begun since the LEP Amendment was commenced, as the renumbering of some lots and Deposited Plan (DP) numbers from Council’s resolution of 12 November 2014 have changed and are updated in this report. This will continue throughout the release of further stages of development and the processing of this WLEP 2010 Amendment. For this reason, and to maintain consistency with the Gateway Determination, the subject site will hereon be referred to as the ‘Nattai Ponds’ site (the site is referred to in the Gateway Determination as the Nattai Ponds site).

DETAILS OF PROPOSAL

Subject Site and Locality

The intent of the Planning Proposal is to apply a minimum lot size of 450 sqm (G) to the subject site (see Figure 2). This amendment will ensure that the minimum lot size is consistent with the minimum lot size for the precinct specifically the adjoining ‘Braemar Garden World’ site.

The site has a total area of 22.49 Hectares and currently contains new dwellings as part of the new ‘Nattai Ponds’ residential precinct. 71-73 and 75-77 Old Hume Highway contains factory buildings that are to be decommissioned as part of the precinct development.




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Figure 1 Location map The subject land is located on the eastern side of Old Hume Highway at Braemar opposite ‘The Old Pot Factory’. The site falls to the west from the Great Southern Railway along the site’s eastern boundary.

The Nattai Ponds site is identified over the page:




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Figure 2 Proposed Minimum Lot Size amendment (subject site outlined in red)

Figure 2 above indicates the subject site will be provided with a Minimum Lot Size of 450 sqm (limited shading palette available).


Wingecarribee LEP2010

The Planning Proposal will amend the Lot Size Maps under WLEP 2010 by applying a notation of ‘G’ (450 sqm) to the Nattai Ponds site. As stated above, subdivision of the site, with lots down to 450sqm, is approved with the subdivision certificate being processed and lots being released. The Planning Proposal outlined in this report will maintain the minimum lot size development standard on the Nattai Ponds site and eliminate the risk of further subdivision of the approved lots.

Development Control Plans

A revision of the density controls relating to the precinct contained in the Northern Villages Development Control Plan to bring the development controls into line with Council’s development intentions for the site have been completed.

State Environmental Planning Policies

Three (3) SEPPs apply to the subject site as follows:

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

As the lots approved under DA 12/0380 are released, development of the land can proceed under the above Exempt and Complying SEPP or via the development assessment




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process. The application of the 450 sqm minimum lot size prevents an increase in the density of development of the site from that anticipated under the approved subdivision. The subject Planning Proposal is therefore consistent with this SEPP.

SEPP 44 Koala Habitat Protection

All land within the Wingecarribee Shire Local Government Area is covered by the provisions of SEPP 44. The subject site is not a known koala habitat.

SEPP Sydney Drinking Water Catchment 2011

The Sydney Drinking Water Catchment SEPP 2011 applies to the site as it is located within the Sydney Drinking Water Catchment and all Planning Proposals must seek comment from Water NSW (WNSW) prior to being forwarded to the Department of Planning & Environment (DPE). Pre-Gateway comments from WNSW indicate that, provided the conditions of any development consent include a requirement to connect the site to the reticulated sewer system, there will be a low risk to water quality from the development.

WNSW also note that drainage issues require resolution at the development application stage and in consideration of any NorBE on water quality.

SECTION 117 DIRECTIONS

The Minister for Planning, under section 117(2) EP&A Act issues Directions that Council must follow when preparing Planning Proposals. The Directions cover the following broad categories:

1. employment and resources 2. environment and heritage

3. housing, infrastructure and urban development

4. hazard and risk

5. regional planning

6. local plan making.

The DPE reviewed the Planning Proposal report for the Gateway determination. The report addressed consistencies and inconsistencies with the S117 Directions and considered them sufficiently justified to issue the Gateway determination.




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CONSULTATION


Gateway Determination

Condition 1a of the Gateway Determination required the Planning Proposal to be made publicly available for a minimum of 14 days.

External Referrals

Condition 2 of the Gateway Determination required no consultation with external authorities or agencies.

Internal Referrals

Specialist description:

Development Assessment Branch

Comments:

Consultation occurred with Development Assessment staff to confirm current approvals over the subject site.

Neighbour Notification (or Advertising)/Public Participation

The subject Planning Proposal was Neighbour Notified/Advertised for a period of 17 days from 22 April 2015 to 8 May 2015. Council received nil submissions.

As no submissions were received there are no objections to the subject Planning Proposal proceeding as advertised.


Environment

The 450 sqm minimum lot size to be applied to the site will form part of the development standards to be considered during the assessment of any future development applications and Complying Development Certificates. Therefore, environmental impacts and the density of development will be consistent with the existing approved development application and any future development application on the site, using the WLEP 2010 Minimum Lot Size maps as the minimum subdivision standard.

Social

There are several social advantages and benefits of a 450 sqm minimum lot size for the site, including greater housing choice in the market, especially affordable housing, which creates opportunities for new residents to be in close proximity to existing services such as transport, medical, retail and commercial, and mixed communities containing various household structures including but not limited to single persons households, families and retirees.




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The Nattai Ponds site is being developed before the minimum lot size on the land is amended under WLEP 2010 by the existing approved development application, however the current lack of a minimum lot size over the site provides no certainty that the approved lots will maintain the approved lot size, i.e. future owners may seek further subdivision. Therefore the amendment to the WLEP 2010 will provide this certainty.

Culture

There are no Aboriginal or European items of heritage identified on the Nattai Ponds or Braemar Garden World sites. The proposed WLEP 2010 amendment will therefore not have any impacts on the Aboriginal and non-Aboriginal Culture.

Governance

Processing the amendment has been in accordance with the requirements of the Environmental Planning & Assessment Act 1979 (EP&A Act) and Environment Planning & Assessment Regulations 2000.


The Planning Proposal to have a 450 sqm minimum lot size on the subject site meets the goals of the Wingecarribee Community Strategic Plan 2031+ in the following ways.

Goal 3.4 Wingecarribee housing options are diverse: 3.4.1 Provide housing types that match projected demographic and

household needs in appropriate locations 3.4.2 Provide housing options in all towns and villages that will enable

residents to age in their communities. 3.4.3 Provide for higher density of development within the towns of

Mittagong, Bowral, Moss Vale and Bundanoon 3.4.4 Promote universal design in housing to enable people of all ages and

abilities to live independently.

The proposed amendment does not impact on Council’s Operation and Delivery Plans and meets the goals and objectives of the Wingecarribee 2031+ by ensuring Council’s planning documents are consistent.

The Planning Proposal to insert a 450 sqm minimum lot size ensures no further subdivision of lots approved under the current DA can occur therefore continuing development towards the above goals.


The Planning Proposal has not had any budget implications for Council as it was carried out by Council staff and the Department of Planning and Environment.


There are no other Council polices related to this matter other than those already addressed in the body of this report.




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OPTIONS

There are two (2) options available to Council: Option 1

Proceed with the Planning Proposal to amend Wingecarribee LEP 2010 as exhibited. Option 2

Do not proceed with the Planning Proposal to amend Wingecarribee LEP 2010.

Option 1 is the recommended option of this report, as it will provide a minimum lot size consistent with the approved development consent over the site and will be consistent with the adjoining site to the north.

CONCLUSION

The subject Planning Proposal has been placed on public exhibition for a minimum period of 14 days in accordance with the Conditions of the Gateway Determination. No public submissions were received as a result of the exhibition and Community Consultation for this Planning Proposal.

Therefore all consultation requirements have been met under the Gateway process and Environmental Planning & Assessment Act for the Planning Proposal to apply a minimum lot size of 450 sqm to the Nattai Ponds residential precinct under WLEP 2010.

The conclusion of this report is that the Planning Proposal proceeds as recommended.

ATTACHMENTS





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13.6 Wingecarribee Community Safety Plan

Reference: 1800/32 Report Author: Community Development Coordinator Authoriser: Acting Group Manager Corporate & Community Link to Corporate Plan: Increase community inclusion, cohesion and social

interaction

PURPOSE To seek approval to place the Draft Wingecarribee Community Safety Plan on public exhibition with feedback sought from the community

RECOMMENDATION 1. THAT the Draft Community Safety Plan 2015-2020 (the Plan) included as

Attachment 1 to the report be placed on public exhibition for a period of twenty eight (28) days.

2. THAT a final draft of the Plan incorporating the outcome of community

consultation be reported back to Council.

REPORT

BACKGROUND

The Draft Community Safety Plan (the Plan) will replace the Wingecarribee Community Safety and Crime Prevention Plan 2011-2014. Many of the actions identified in the previous plan have now been completed with some becoming part of Council’s core business.

The new Plan will build on the work of the previous Plan, by mapping the work Council already does to address Community Safety and by identifying new actions to target four priority community safety issues.

The Plan also identifies opportunities for collaborative partnerships between Wingecarribee Shire Council, The Hume Area Police Command, local Chambers of Commerce and local agencies and the general community.

REPORT

The Draft Community Safety Plan included as Attachment 1 has been prepared using information gathered during community consultation, analysis of local crime statistics, consultation with the Hume Area Command and reviewing reports from a series of community safety audits conducted on the main town centres.

The plan draws this information together to identify key community safety issues and proposes actions to address these concerns in the community.




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Community Safety Survey

In preparation for the Plan a Community Survey was distributed to every household as an attachment to the Wingecarribee Today Newsletter in early 2014. The survey was also placed on the Your Say Wingecarribee Consultation website and was advertised extensively. Surveys were also distributed to a variety of stakeholders via e-distribution lists and presentations on the survey were given at agency meetings.

A total of 409 surveys were returned, which is a statistically reliable sample size. Of the survey respondents, 253 (62%) were female and 156 were male (38%). There was a fairly even distribution of ages of respondents in the 36-45, 46-55, 56-65 and over 65 years age groups, with less respondents being in the 18-25 (3%) and 26-35 (8%) year’s age groups.

Analysis of the survey indicated that overall, feelings of safety at home is high in the Wingecarribee community with 99 per cent of respondents reporting that they felt safe at home during the day, and only a small proportion reporting that they felt unsafe at home during the night.

These feelings of safety were the same for outside the home during the day. The only situation that triggered respondents to report feelings of unsafeness was outdoors after dark predominately in isolated places where there was poor lighting.

These locations included railway stations, empty town centres, sports grounds, recreation venues, car parks, residential streets, walkways, bike tracks, shopping centres, back lanes, poorly lit streets and outside licenced premises.

Other places that were nominated as being unsafe and not specifically after dark included, public toilets, some residential streets, remote look outs and recreational places.

Suggestions from respondents to improve feelings of safety included increasing Police presence in the Shire, improving lighting in all areas, improving footpath safety and connectivity, safer driver behaviour, improving the roads and pedestrian access, installing footpaths for school children when walking to school or the bus stop, closing the pubs and clubs at an earlier time, increasing opportunities for informal community surveillance and an increase in animal control measures.

When asked, the community reported dangerous driving, speeding, loud driving, drug taking, drug dealing and steal from motor vehicle as being crimes of most concern for the Wingecarribee and crimes that were seen as a moderate concern were drink driving, graffiti and vandalism.

Crimes that were not seen as an issue in the community included, noisy neighbours, personal theft, public drunkenness, harassment and intimidation in the street. This directly correlates with the overall high level community feelings of safety.

Feedback from respondents about crimes such as murder, sexual assault and violence at home was inconclusive.

Local Crime Profile

Official recorded crime statistics are collected and reported on by the NSW Bureau of Crime Statistics and Research (BOCSAR). This data represents matters that have resulted in a conviction, and therefore they do not represent all arrests, or all matters that come to the attention of the Police. This data also does not include such things as driving offences and some other traffic matters.

Importantly not all crime is reported and so the prevalence of some crime types in the community may be under represented. This is particularly true for crimes relating to sexual




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assault and domestic violence and petty theft crimes where the victim does not see the value in reporting.

Crime also goes through peaks and troughs, and looking at the statistics alone can be misleading. BOCSAR also looks for trends over longer periods of time so that the changes noted are statistically significant.

A crime profile was prepared using statistics provided by BOSCAR for the Wingecarribee area. The data from this profile was used to better understand crime in the area and to identify key priority areas for action.

Overall crime rates for major offences in the Wingecarribee Shire are relatively low with only three major offences receiving a rank lower than 80 of 140 Council areas during 2014, with a ranking of one being the highest incidents.

These crimes included malicious damage to property, which was ranked at 79, Sexual Assault which was ranked at 71 and Steal from retail store which ranked as 63 in the State.

Other crimes that were identified as being areas of concern for the Wingecarribee included, transport offences, liquor offences, drug dealing, steal from dwelling, steal from motor vehicle and domestic violence related assault.

Identifying Priority Safety Issues

The scope in which Council can impact on many of these crimes listed above is limited and in many cases significant Police and other agency resources are already being channelled into addressing these crimes.

In terms of Council’s contribution to community safety and this plan, priority safety issues that have been identified are those that Council has some form of capacity to work collaboratively with other agencies to respond to, with a strong focus on supporting existing community strategies.

Furthermore actions have been identified in consideration of what can be done within existing resources and work plans with only projects that require additional funding have been identified.

Regard has also been given to the work Council carries out that either directly or indirectly helps to improve community safety. These have also been listed in the plan to capture what is already being done.

After consideration of the research carried out for the plan and the capacity of Council to respond, the following four Community Safety issues of priority have been identified:

1. Graffiti related Malicious Damage

2. Violence against women, children and young people

3. Steal from Motor Vehicle

4. Feeling unsafe in the community at night

Actions developed to respond to these issues include activities such as supporting awareness campaigns, community events and programs, installing signage, improving lighting and training for staff.




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Monitoring and Reporting

The Community Safety Plan will be reviewed and updated every five years. The corresponding Action Plan will be monitored annually and actions will be fed into Council planning processes. Progress on the plan will be reported annually to the Wingecarribee Community Safety Committee, with a final report going to Council following the completion of the plan.


Actions identified in the plan are in keeping with Fit For the Future and where applicable new actions are framed around funding availability and have been developed in consideration of existing resources.

CONSULTATION


Community Engagement was carried out during 2014 in February and March by way of a community survey. Further consultation will be carried out during the public exhibition of the plan.


Internal staff have been consulted in the development of the plan with individual officers being invited to provide feedback on the actions and content of the plan. The plan was also sent out to the Managers for feedback and was presented to Executive for endorsement.


The draft plan has been presented to the Community Safety Committee for feedback and additional input has been sought from the Bowral Police and The Hume Local Area Command, as well as feedback from the Chair of the Wingecarribee Domestic Violence Forum.


Environment


Social

The plan acts to improve community safety in the Shire and will have a positive impact on general community wellbeing. The plan also identifies specific actions to improve the safety of women, children and young people in the Shire.



Culture





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Governance

There are no governance issues in relation to this report.


The draft Plan identifies a number of actions which will require additional funds to be sought within future financial year budgets. Where possible grants will be sought.


The draft plan will replace the Wingecarribee Community Safety and Crime Prevention Plan 2011 - 2014 and relates to the following:

• Ageing Strategy (in development)

• Disability Action and Inclusion Plan (in development)

• Youth Strategy (in development)

• Aboriginal and Torres Strait Islander Strategy (in development)

OPTIONS

There is one (1) option available to Council which is to place the Draft Community Safety Plan on public exhibition and implement a community engagement strategy to promote it so that further feedback can be sought from the community.

CONCLUSION

Placing the Draft Community Safety Plan on exhibition and providing further opportunity for community feedback will enable the final Plan to be submitted to Council for final endorsement by the end of 2015.

ATTACHMENTS

1. Draft Wingecarribee Community Safety Plan - circulated under separate cover




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13.7 Determination of Number of Councillors for 2016-2020 Term of Office

Reference: 105 Report Author: Governance Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE To determine the number of Councillors for the 2016-2020 term of office in accordance with Section 224(2) of the Local Government Act.

RECOMMENDATION THAT Council retain its current number of nine (9) Councillors for the 2016-2020 term.

REPORT

BACKGROUND

In accordance with Section 224 of the Local Government Act 1993 (the Act), Councils must determine the number of Councillors not less than 12 months before the next ordinary election, for the term of Council 2016-2020.

Section 224(1) of Act, requires a Council to have at least 5 and not more than 15 councillors (one of whom is the mayor). Section 224(3) requires that should Council propose to change the number of Councillors, it must, before determining the number, obtain approval for the change of a constitutional referendum.

The current number of Councillors was determined prior to the ordinary election in 2008 when the number of Councillors was reduced from twelve (12) to nine (9).

REPORT

In accordance with section 224 (2) of the Local Government Act 1993, Council is required to determine the number of Councillors for the following Ordinary Election term (2016-2020). If it is proposed that there is a change to the number of Councillors, Section 224(3) requires Council to obtain approval for the change at a constitutional referendum. This constitutional referendum would need to be conducted prior to the September 2016 Council elections.

The cost of a constitutional referendum would be of the order of $200,000. If Council was of a mind to change the number of Councillors from 2020 onwards, it would be appropriate to give consideration to holding a constitutional referendum in conjunction with the 2016 Council elections to reduce the cost of a constitutional referendum.




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Determining the number of Councillors will not impact on Council’s Fit for the Future proposal or achieving benchmarks.

CONSULTATION


Nil


Nil


Nil


Environment


Social




Culture


Governance

Council is required to report not less than 12 months before an Ordinary Election, the number of Councillors for the upcoming term in accordance with the section 224 of the Local Government Act.


If Council were to decide to change the number of Councillors for the next term there would be either an increase in costs (if the number were to increase) or a decrease in costs if Councillor numbers were reduced. Keeping the Councillor numbers at the current level of nine will not have an impact on Council’s budget.

No provision has been made for a constitutional referendum in the 2015/16 Budget.




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There are no related policies in relation to this report.

OPTIONS


Option 1

Agree that the Councillor numbers will remain static at nine (9) for the next 2016-2020 Local Government Election Term.

Option 2

Resolve to hold a constitutional referendum, to be held in September 2016 in conjunction with the scheduled election of Councillors, to change the number of Councillors for the 2020-2024 term.

Option 1 is the recommended option to this report.

CONCLUSION

Council is required by the Local Government Act 1993 to determine the number of Councillors for the 2016-2020 term of office before the 2016 elections to enable a referendum to be conducted if a change in the number of Councillors is proposed. It is recommended that the current number of Councillors be retained.

ATTACHMENTS

There are no attachments to this report. Nicholas Wilton Acting Deputy General Manager Corporate, Strategy & Development Services Friday 4 September 2015



REPORT GENERAL MANAGER

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COUNCIL MATTERS

14 GENERAL MANAGER

14.1 Request for Leave of Absence - Clr Graham McLaughlin

Reference: Pers Report Author: PA for Mayor / Administration Team Leader Authoriser: Acting General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting on a request from Councillor Graham McLaughlin for leave of absence

RECOMMENDATION THAT Councillor Graham McLaughlin be granted leave of absence from all Council commitments on Wednesday, 9 September 2015, including the Ordinary Meeting of Council and Council Briefing Sessions to be held that day.

REPORT

Councillor Graham McLaughlin has written to Council on 19 August 2015 advising that he is seeking leave of absence, for personal reasons, from the Ordinary Meeting of Council to be held on Wednesday, 9 September 2015, and including all Briefing Sessions also to be held that day.


Not applicable


Environment


Social







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Culture


Governance

The Local Government (General) Regulation 2005 – Section 235A Leave of Absence – states as follows:-

(1) A Councillor’s application for leave of absence from Council meetings should, if practicable, identify (by date) the meetings from which the Councillor intends to be absent.

(2) A Councillor who intends to attend a council meeting despite having been granted leave of absence should, if practicable, give the general manager at least 2 days’ notice of his or her intention to attend.

COUNCIL BUDGET IMPLICATIONS There are no Budget implications in relation to this request.

RELATED COUNCIL POLICY There are no Policy implications in relation to this report.

OPTIONS


Option 1

Grant the leave of absence

Option 2

Do not grant leave of absence

CONCLUSION

That Councillor Graham McLaughlin be granted the requested leave of absence

ATTACHMENTS





Page | 87

14.2 Request for Leave of Absence - Clr John Uliana

Reference: Pers Report Author: PA for Mayor / Administration Team Leader Authoriser: Acting General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting on a request from Councillor John Uliana for leave of absence

RECOMMENDATION THAT Councillor John Uliana be granted leave of absence from all Council commitments on Wednesday, 9 September 2015, including the Ordinary Meeting of Council and Council Briefing Sessions to be held that day.

REPORT

Councillor John Uliana has written to Council on 12 August 2015 advising that he is seeking leave of absence, for personal reasons, from the Ordinary Meeting of Council to be held on Wednesday, 9 September 2015, and including all Briefing Sessions also to be held that day.


Not applicable


Environment


Social




Culture





Page | 88

Governance






OPTIONS


Option 1


Option 2


CONCLUSION

That Councillor John Uliana be granted the requested leave of absence

ATTACHMENTS





Page | 89

14.3 Request for Leave of Absence - Clr Jim Clark

Reference: Pers, 101/1 Report Author: Administration Officer Authoriser: Acting General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting on a request from Councillor Jim Clark for leave of absence.

RECOMMENDATION THAT Councillor Jim Clark be granted leave of absence from all Council commitments between Wednesday, 23 September 2015 and Wednesday, 14 October 2015, including the Ordinary Meetings of Council, Council Briefing Sessions, Committee Meetings or Extraordinary Meetings to be held between those two dates.

REPORT Councillor Jim Clark has written to Council on 31 August 2015 advising that he is seeking leave of absence, for personal reasons, from the Ordinary Meetings of Council to be held on Wednesday, 23 September 2015 and Wednesday, 14 October 2015, and including all Briefing Sessions, Committee Meetings or Extraordinary Meetings to be held between those two dates.


Not applicable


Environment


Social




Culture





Page | 90

Governance






OPTIONS


Option 1


Option 2


CONCLUSION

That Councillor Jim Clark be granted the requested leave of absence

ATTACHMENTS





Page | 91

14.4 Removal of Wreaths from Cenothaphs and War Memorials within the Shire

Reference: 102 Report Author: PA for Mayor / Administration Team Leader Authoriser: Acting Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to formalise Council’s position on the removal of wreaths from Cenotaphs and War Memorials on Council owned property within Wingecarribee Shire.

RECOMMENDATION 1. THAT all wreaths remain in place for a minimum period of two (2) weeks after a

memorial service or as determined by the guardians of the Cenotaphs and War Memorials AND THAT arrangements to remove wreaths be granted by the guardians of the Cenotaphs or War Memorial.

2. THAT a letter be sent to all Guardians of Cenotaphs or War Memorials and

Florists within the Wingecarribee Shire to advise of Council’s position.

BACKGROUND The land owners that Cenotaphs and War Memorials are located on are known as the custodians and those who are responsible for arranging services etc at the sites are considered to be the guardians. These bodies are generally RSL Sub Branches or local Community Associations. REPORT Earlier this year the Mayor met with representatives from Bundanoon RSL Sub Branch and the Southern Highlands Sub Branch of the National Servicemen’s Association along with a local florist to discuss the matter of the early removal of wreaths from selected Cenotaphs and War Memorials throughout the Shire after the ANZAC Day Services. While it was agreed that this oversight was a result of miscommunication and a misunderstanding, it was also agreed that a position of Council be sought to formalise the matter and to alleviate any further misunderstanding regarding the future removal of wreaths from these sites and that a letter be circulated to all florists within the Wingecarribee Shire to advise of the correct protocol. In June 2015 a letter was circulated by the Mayor to all local RSL Sub Branches and community organisations, who are guardians of these sites, seeking feedback on their current arrangements for removal and suggesting a time frame of a minimum of two (2) weeks after the event and/or only with the approval of the nominated guardian.




Page | 92

The responses received from the local RSL Sub Branches and community organisers confirmed that wreaths be kept in place for a two (2) week period or at the discretion of the guardians and the redistribution of wreath frames is also to be determined by the guardian of the Cenotaph or War Memorial.

ATTACHMENTS

There are no attachments to this report. Barry Paull Acting General Manager Friday 4 September 2015



COMMITTEE REPORTS

Page | 93

18 COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports

Reference: 107/1 Report Author: S355 Committee Coordinator Authoriser: Manager Assets Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information: 1. Penrose Hall Management Committee held on Monday, 25 May 2015. 2. Exeter Park Management Committee Annual General Meeting held on Monday, 1

June 2015. 3. Welby Community Hall 355 Management Committee held on Tuesday, 2 June 2015. 4. New Berrima Community Centre Annual General Meeting held on Tuesday, 9 June

2015. 5. Hill Top Community Centre held on Thursday, 25 June 2015. 6. Exeter Park Management Committee held on Monday, 3 August 2015. 7. New Berrima Community Centre held on Wednesday, 5 August 2015. 8. East Bowral Community Centre Annual General Meeting held on Tuesday, 11 August

2015. 9. East Bowral Community Centre held on Tuesday, 11 August 2015. 10. Hampden Park Management Committee Annual General Meeting held on Monday, 17

August 2015.



COMMITTEE REPORTS

Page | 94

RECOMMENDATION THAT the information contained in the following Committee Reports be noted: 1. Penrose Hall Management Committee held on Monday, 25 May 2015. 2. Exeter Park Management Committee Annual General Meeting held on Monday,

1 June 2015. 3. Welby Community Hall 355 Management Committee held on Tuesday, 2 June

2015. 4. New Berrima Community Centre Annual General Meeting held on Tuesday,

9 June 2015. 5. Hill Top Community Centre held on Thursday, 25 June 2015. 6. Exeter Park Management Committee held on Monday, 3 August 2015. 7. New Berrima Community Centre held on Wednesday, 5 August 2015. 8. East Bowral Community Centre Annual General Meeting held on Tuesday,

11 August 2015. 9. East Bowral Community Centre held on Tuesday, 11 August 2015. 10. Hampden Park Management Committee Annual General Meeting held on

Monday, 17 August 2015.

ATTACHMENTS




NOTICES OF MOTION

Page | 95

20 NOTICES OF MOTION

20.1 Notice of Rescission of Resolution 08/2015 - Kaifeng - Sister City Relationship

Reference: 100/5, 103/7 Report Author: Administration Officer Authoriser: Acting Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillors Ian Scandrett, John Uliana and Juliet Arkwright have given notice that it is their intention to move the following Notice of Rescission of Resolution at the Ordinary Meeting of Council on 9 September 2015: THAT the motion passed by Council on Wednesday, 26 August 2015 being Item No 14.3 – Kaifeng – Sister City Relationship, Minute Number 436/15 - be rescinded.

RECOMMENDATION

Submitted for determination.

Should the above motion of rescission be carried, we hereby give notice of our intention to move the following motion: 1. THAT an information session be convened. 2. THAT members of the Economic Development and Tourism Committee and interested

business people be invited to discuss this being a Business and Trade visit. 3. THAT this matter, namely the trade visit to the Southern Highlands, be referred back

to the next Council Meeting after the briefing session and it be renamed “Kaifeng – Business and Trade Visit to the Southern Highlands”.

Preamble “Due to the interest from the business community and other nearby Local Government areas, this motion is to request Councillors support the information session with Economic Development and Tourism and business and then bring the matter back to Council, ie, no letter should be sent to Kaifeng until this matter with the trade visit has been reheard at Council. The Managers of Economic Development and Tourism are requested to attend the briefing.”



NOTICES OF MOTION

Page | 96

20.2 Notice of Rescission of Resolution 09/2015 - DA 15/0180 Proposed Temporary Use of Land for Outdoor Concerts - Centennial Road, Bowral



PURPOSE Councillors Ian Scandrett, Juliet Arkwright, Larry Whipper and Jim Clark have given notice that it is their intention to move the following Notice of Rescission of Resolution at the Ordinary Meeting of Council on 9 September 2015: THAT the motion passed by Council on Wednesday, 26 August 2015 being Item No 10.1 – DA 15/0180 Proposed Temporary Use of Land for Outdoor Concerts – Centennial Vineyard, 254 Centennial Road, Bowral, Minute Number 427/15 – be rescinded. Note: An email was received from Clr Arkwright on Thursday 3 September 2015, requesting that her signature to the Rescission Motion be removed. It is noted however that the timeframe for the submission of Notices of Motion/Rescission Motions closed at 12.00 midnight on Wednesday, 2 September 2015. The Notice of Motion of Rescission could not therefore be altered and is included in the agenda as lodged.

RECOMMENDATION


Should the above motion of rescission be carried, we hereby give notice of our intention to move the following motion: 1. THAT development application 15/0180 for the temporary use of land for outdoor

concerts at Centennial Vineyard, 254 Centennial Road, Bowral being Lot 1 DP 435373, Lot 5A DP 16192 and Lot 1 DP 126196, be DEFERRED pending the submission of a noise report and assessment of the use of an alternate venue within the subject site.

2. THAT a briefing session be held for Councillors, the applicant and precinct neighbours

prior to the new report coming back to Council.

Preamble

A 7 year approval for 5 temporary events pa is not “temporary”.



NOTICES OF MOTION

Page | 97

20.3 Notice of Motion 39/2015 - Review of Council's Position on Coal Seam Gas and Longwall Mining Free Shire



PURPOSE Councillor Larry Whipper has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 9 September 2015: 1. THAT Council reinforce our position and concerns in relation to the potential

impacts upon our water, farmland, tourism and our natural environment from mining.

2. THAT Council do this by way of reviewing our position on Coal Seam Gas and

Longwall Mining Free Shire and strengthening our position by rewording all existing entry signs and signs outside the Civic Centre to read as “Wingecarribee – A Coal Mining Free Shire”.

3. THAT Council promote this position by way of a Wingecarribee Today

Publication. 4. THAT Council investigate the cost of including this position on Council

envelopes and stationary and bring a report back to Council for consideration re the phasing in of the wording “Wingecarribee A Coal Mining Free Shire” on Council stationary when making new orders.

RECOMMENDATION


Preamble I believe it is time to review Council’s endorsed position relating to concerns about impacts from mining within the Shire. Based on the “experimental mine model” proposed by Hume Coal/Posco, I believe that there are still many considerable concerns in relation to mining in the Wingecarribee Shire that have the potential to impact severely upon our groundwater, social cohesion and lifestyle. This “experimental” mine plan may also pose a risk to sustainable economic enterprises, agriculture and tourism within the Shire. Based on this, I call upon my fellow Councillors to make a stronger statement in relation to our concerns about these threats to our Shire and adopt a stronger position in relation to mining in the Shire. I also request the consideration of replacing the existing Shire entry and Civic Centre



NOTICES OF MOTION

Page | 98

signs to reflect this position and also the addition of this statement on all new Council stationary as it is relaced.



NOTICES OF MOTION

Page | 99

20.4 Notice of Motion 40/2015 - Endorsement of SHCAG's Submission to the Federal Department of the Environment



PURPOSE Councillor Larry Whipper has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 9 September 2015: 1. THAT Council endorse the position encapsulated in the Southern Highlands

Coal Action Group’s (SHCAG) submission to the Federal Department of the Environment re 2015/7526 Hume Coal Project EPBC Act Referral.

2. THAT Council forward a letter under the signature of the Mayor to the Federal

Department of the Environment and also Minister Hunt supporting the concerns raised in relation to water and environmental issues, along with a copy of SHCAG’s submission dated 24 August 2015.

RECOMMENDATION


Preamble I have provided a copy of SHCASG’s submission for the information and consideration of Councillors. I ask that this be circulated to Councillors along with the business papers to allow consideration of the submission prior to this Notice of Motion being put at the Meeting of 9 September 2015. I believe the submission is self explanatory and reflects Council’s concerns in relation to potential impacts on our land, our water and our future.



NOTICES OF MOTION

Page | 100

20.5 Notice of Motion 41/2015 - Disruption in the Council Chamber

Reference: 100/4 Report Author: Administration Officer Authoriser: Acting Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillors Juliet Arkwright, Larry Whipper and Ian Scandrett have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 9 September 2015: THAT staff prepare a report for Council on the process for dealing with continual vexatious behaviour from individual members of the public who disrupt and stop the democratic business of Council meetings in the Chamber AND THAT the report include refusal to obey official rulings from the chair.

RECOMMENDATION


Preamble In the term of this Council (elected 2012) two meetings have been disrupted by certain individuals in the gallery. Once in 2013 and the meeting had to be abandoned. More recently on 26 August 2015.



CLOSED COUNCIL

Page | 101

22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

Section 10A of the Local Government Act 1993, empowers Council and Committees of which all the members are Councillors to close a part of a meeting in certain circumstances in accordance with the requirements of the Act, and relevant Regulations and Guidelines.

Subject to the provisions of Section 10 of the Act, so much of a meeting may be closed as comprises certain information as outlined in Section 10A(2).

However, the Act also contains the following provisions qualifying the use of Section 10A(2).

Section 10B

1. [Time spent closed to be minimised] A meeting is not to remain closed during the discussion of anything referred to in section 10A(2):

a. Except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and

b. If the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret-unless the council or committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest.

2. [Qualification of 10A(2)(g)] A meeting is not to be closed during the receipt and consideration of information or advice referred to in section 10A(2)(g) unless the advice concerns legal matters that:

a. are substantial issues relating to a matter in which the council or committee is involved, and

b. are clearly identified in the advice, and

d. are fully discussed in that advice.

3. [Qualification of 10A(3)] If a meeting is closed during the discussion of a motion to close another part of the meeting to the public (as referred to in section 10A(3)), the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting (other than consideration of whether the matter concerned is a matter referred to in section 10A(2)).

4. [Irrelevant matters] For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that:

a. a person may misinterpret or misunderstand the discussion, or

b. the discussion of the matter may:

(i) cause embarrassment to the council or committee concerned, or to Councillors or to employees of the council, or

(ii) cause a loss of confidence in the council or committee.

Attention is also drawn to provisions contained in Part 7 of Council’s Code of Meeting Practice.

Director General’s Guidelines

The Director General of the Department of Local Government has issued guidelines concerning the use of Section 10 of the Act. A copy of the Director General’s guidelines has been sent to all Councillors. Section 10B(5) of the Act requires that council have regard to these guidelines when considering resolving into Closed Session.



CLOSED COUNCIL

Page | 102

RECOMMENDATION 1. THAT Council moves into Closed Council in accordance with the requirements

of Section 10A(2) of the Local Government Act 1993 as addressed below to consider the following reports that are confidential for the reasons specified below:

22.1 RFT6330/15.11 Corbett Gardens Renewal Master Plan Design and Documentation Tender

2. THAT the minutes of the Closed Council part of the meeting (being the

Council’s resolution) be made public. Barry Paull Acting General Manager Friday 4 September 2015

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