agenda of ordinary meeting of council - 8 november 2017 · 2017-11-03 · civic centre, elizabeth...

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

e. [email protected] ABN 49 546 344 354

File No: 100/2017

3 November 2017

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 8 November 2017 commencing at 3.30 pm.

Yours faithfully Ann Prendergast 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, 8 November 2017 at 3.30 pm.

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 and the Council Chamber now has 24 Hour Video Surveillance.

Acknowledgement of Country - Clr L A C Whipper

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

3.35pm Apologies – Mayor Clr K J Halstead

Adoption of Previous Minutes – Wednesday, 25 October 2017

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 T D Gair

Visitor Item - Nil

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

Ann Prendergast General Manager

AGENDA FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 8 November 2017

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Business

1. OPENING OF THE MEETING

2. ACKNOWLEDGEMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Mayor Clr K J Halstead

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 25 October 2017

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

Nil

11. EN BLOC MOTION

12. OPERATIONS FINANCE AND RISK

12.1 Request for Funding of Traffic Arrangements for 2018 Remembrance Day Services at Mittagong and Bundanoon .................. 2

12.2 Tender for the East Bowral Community Centre Carpark Civil Works ...... 6

13. CORPORATE STRATEGY AND DEVELOPMENT SERVICES

13.1 Development Applications Determined from 25 September 2017 to 22 October 2017 .................................................................................. 11

13.2 Development Applications Recieved from 25 September 2017 to 22 October 2017 ....................................................................................... 23

13.3 Post Exhibition Report on Draft Residential DCP Amendments ........... 35

13.4 Rezoning of 141 Yarrawa Road, Moss Vale 'Coomungie' and 32 Lovelle Street, Moss Vale 'Chelsea Gardens' ...................................... 43

13.5 Review of Local Orders Policy ............................................................. 55

Deputy Mayor to resume chair at 5.30 pm



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COUNCIL MATTERS

14. GENERAL MANAGER

Nil

15. DELEGATE REPORTS

16. PETITIONS

16.1 Petition 06/2017 - Improved Bundanoon Skate Park ............................ 66

17. CORRESPONDENCE FOR ATTENTION

Nil

18. COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports ................................... 67

18.2 Minutes of the Audit, Risk and Improvement Advisory Committee Meeting held on Tuesday, 10 October 2017 ........................................ 68

19. QUESTIONS WITH NOTICE

Nil

20. NOTICES OF MOTION

20.1 Notice of Rescission of Motion 05/2017 - Delegations of Authority - General Manager ................................................................................. 86

20.2 Notice of Rescission of Motion 06/2017 - Council Nominations for the Southern Joint Regional Planning Panel .............................................. 89

20.3 Notice of Motion 34/2017 - Video and Audio Streaming of Council Meetings .............................................................................................. 90

20.4 Notice of Motion 35/2017 - Green Waste Transfer Station to Service the Northern Villages ........................................................................... 94

21. GENERAL BUSINESS

Nil

22. CLOSED COUNCIL

Moving into Closed Session ...........................................................................95

22.1 Tender for the East Bowral Community Centre Carpark Civil Works This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(i) as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it 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 and Extraordinary Meetings of Council As authorised by the Local Government Act 1993, Wingecarribee Shire Council records the proceedings of the Ordinary and Extraordinary Meetings 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.

The Council Chamber now has 24 Hour Video Surveillance.

Entrance

Door

Media Table

Public Public

Councillors

MayorClr Halstead

General ManagerAnn Prendergast

Minute TakerElizabeth Johnson



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ACKNOWLEDGEMENT OF COUNTRY

I would like to acknowledge the Traditional Custodians of this land and pay my respect to Elders both past and present. I would also like to extend that respect to all Aboriginal and Torres Strait Islanders present here today.

APOLOGIES

Leave of Absence – The Mayor Councillor Ken Halstead

Under Section 234 of the Local Government Act 1993 and Clause 235A of the Local Government Regulations 2005 leave of absence can be granted to a Councillor with Council approval. At its Meeting held on Wednesday, 27 October 2017, the Mayor Councillor Ken Halstead requested and was granted leave of absence from all Council commitments on Wednesday, 8 November 2017, including the Ordinary Meeting of Council and Briefing Sessions that day.

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 DEPUTY GENERAL MANAGER OPERATIONS, FINANCE AND RISK

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COMMITTEE OF THE WHOLE

12 OPERATIONS FINANCE AND RISK

12.1 Request for Funding of Traffic Arrangements for 2018 Remembrance Day Services at Mittagong and Bundanoon

Reference: 7460/25 Report Author: Traffic Engineer Authoriser: Manager Assets Link to Community Strategic Plan: Work in partnership to ensure a safe road network

PURPOSE

Requesting funding of the traffic arrangements for the 2018 Remembrance Day Services at Mittagong and Bundanoon

RECOMMENDATION 1. THAT Council supports the 2018 Remembrance Day Service at Mittagong by

providing funding of $2112 for the traffic and parking arrangements AND THAT the funds be sourced from the Contingency Fund.

2. THAT Council supports the 2018 Remembrance Day Service at Bundanoon by

providing funding of $2244 for the traffic and parking arrangements AND THAT the funds be sourced from the Contingency Fund.

3. THAT the traffic and parking arrangements for the 2018 Remembrance Day

Services at Mittagong and Bundanoon be submitted to the Traffic Committee for consideration.

REPORT

BACKGROUND

Correspondence was originally received from the Mittagong RSL Sub-Branch in 2016 requesting funding to detour the traffic away from the Mittagong Memorial for the 2018 Remembrance Day Service.




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Letter from Mittagong RSL Sub-Branch

Subsequently, Council at its meeting on 14 December 2016 adopted the recommendation of the Traffic Committee as follows:

1. THAT Council consider funding of the traffic arrangements of a Remembrance Day Service in 2018 (estimated cost is $3,000) noting that only one application has been received from the Mittagong RSL Sub-Branch so far but further applications are likely;

2. THAT Council consider the merits of funding the traffic arrangements of a single event within the Shire on Remembrance Day in 2018;

3. THAT Council note that there is no objection in principle to carrying out road closures similar to those used for ANZAC Day on Sunday 11 Nov 2018.

REPORT The Mittagong and Bundanoon RSL Sub-Branches are planning Remembrance Day Services on Sunday 11 Nov 2018, being the centenary of the First World War Armistice. They are seeking Council’s support to fund the traffic management arrangements for services at the Mittagong and Bundanoon Memorials. The two RSL Sub-Branches are expecting greater than normal public attendance due to the Centenary. Remembrance Day Services in Bowral, Moss Vale and Bundanoon are usually held without any traffic detours with the Mittagong service usually held at the Mittagong RSL. A single combined Remembrance Day event in 2018 was proposed but not supported by the RSL Sub-Branches of Mittagong, Bowral, Moss Vale and Bundanoon. In Mittagong, the RSL Sub-Branch is planning to detour traffic away from Main Street and Bowral Road on each side of the Mittagong Memorial to allow pedestrians to safely congregate near the memorial. The detours are proposed to be in place from approximately




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10.45am to 12.15pm on Sunday 11 Nov 2018. Parking in the closed sections of Bowral Road and Main Street would be cordoned off from much earlier. These traffic arrangements would be similar to the dawn service on ANZAC Day. In Bundanoon, the RSL Sub-Branch is planning to detour traffic away from the Bundanoon Memorial at the junction of Church Street and Osborne Avenue to allow pedestrians to safely congregate near the memorial. The detour is proposed to be in place before and after 11am for the service. Parking in the closed section of Church Street and Osborne Avenue will be cordoned off from much earlier. These traffic arrangements would be similar to the service on ANZAC Day except Railway Avenue will remain open beside the shops and local traffic will be turned around at the junction of Railway Avenue and Church Street. The traffic and parking arrangements for the two Remembrance Day ceremonies in 2018 are estimated to cost: 1. $2,112 for Mittagong Memorial; 2. $2,244 for Bundanoon Memorial. Mittagong RSL advises that the Bowral and Moss Vale Sub-Branches will not be requesting any traffic detours and that they will be holding their usual 2018 Remembrance Day Services at Memorial Park, Bowral and the Moss Vale RSL respectively. Should Council fund the traffic and parking arrangements for the 2018 Remembrance Day Services at Mittagong and Bundanoon, it is recommended that Traffic Management Plans be prepared and submitted to the Traffic Committee for consideration.

IMPACT ON COUNCIL’S FIT FOR THE FUTURE IMPROVEMENT PLAN

None identified.

CONSULTATION

Community Engagement

Community consultation has taken place with representatives of the RSL Sub-Branches of Mittagong, Bowral, Moss Vale and Bundanoon;

Council adopted the recommendation of the Traffic Committee regarding the request in December 2016 (see under Background)

Internal Consultation

Deputy General Manager Operations, Finance and Risk; Group Manager Assets and Project Delivery; Chief Financial Officer;

External Consultation

Representatives of the Traffic Committee including NSW Police, RMS, Local member’s representatives, RSL Sub-Branches of Mittagong, Bowral, Moss Vale and Bundanoon and All Area Traffic Services.




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SUSTAINABILITY ASSESSMENT

Environment

There are no environmental issues in relation to this report.

Social

By detouring the passing traffic at both events, the ceremonies will not be interrupted by traffic noise. Pedestrian safety will be improved because attendees can safely spill onto the adjoining roads, particularly if larger numbers eventuate.

Broader Economic Implications

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

Culture

There are no cultural issues in relation to this report.

Governance

There are no governance issues in relation to this report.

COUNCIL BUDGET IMPLICATIONS

Should Council decide to support the Mittagong and Bundanoon RSL Sub-Branches’ requests for funding, the Contingency Fund has been identified as an appropriate funding source.

The monetary value of Council’s contribution towards the two Remembrance Day Services would be $4,356. There are sufficient funds available in the Contingency Fund.

The current uncommitted balance of the Councillor Contingency Fund is $23,585.

RELATED COUNCIL POLICY

Nil.

CONCLUSION The two Remembrance Day Services are one-off events. Closing the roads adjoining the memorials would make it safe for pedestrians to spill onto the surrounding roads and would address the problem of noise from passing vehicles interrupting the services. It is recommended that Council supports the 2018 Remembrance Day Services at Mittagong and Bundanoon by providing funding of $4,356 for the traffic and parking arrangements and that the funds be sourced from the Contingency Fund. The current uncommitted balance of the Councillor Contingency Fund is $23,585.

ATTACHMENTS

There are no attachments to this report.




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12.2 Tender for the East Bowral Community Centre Carpark Civil Works

Reference: 6330/17.19 Report Author: Project Manager Authoriser: Manager Projects and Contracts Link to Community Strategic Plan: Create welcoming and accessible community facilities that

support opportunities for people to meet and connect with one another

PURPOSE

The purpose of this report is to present the evaluation of the Request for Tender for the East Bowral Community Centre Carpark Civil Works.

RECOMMENDATION 1. THAT in relation to the report concerning the Tender for the East Bowral

Community Centre Carpark Civil Works (RFT 6330/17.19) - Council adopts the recommendations contained within the Closed Council report – Item 22.1.

OR 2. THAT the report concerning the Tender for the East Bowral Community Centre

Carpark Civil Works (RFT 6330/17.19) be considered in Closed 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.

REPORT

BACKGROUND

In Council’s 2016/17 Delivery Program Council allocated $152,000 for the 2016/17 financial year and $99,000 for the 2017-18 financial year to provide a total project budget of $251,000.

In the 2016/17 financial year Council completed lighting and electrical works associated with the new car parking spaces and completed the full design for the East Bowral Community Centre Carpark Extension Civil Works.

The design documentation formed the basis of the tender package which is the subject of this report.




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REPORT Council has sought tenders for suitable and qualified contractors to provide a lump sum tender for the scope of works. The full scope of works was detailed in the design drawings and tender documents. In accordance with the Local Government (General) Regulation 2005 part 7, section 163(1), Council is required to invite tenders where estimated expenditure is greater than $150,000 (GST inclusive).

This report presents the assessment and recommendation relating to the advertised ADVERTISING The tender advertising period was from the 12 September 2017 to 5 October 2017 (24 days). The tender was advertised as follows:

Newspaper / Website Date Advertised

Newspaper – Sydney Morning Herald 12 September 2017

Newspaper – Southern Highlands News 13 September 2017

Newspaper – Other 20 September 2017

Council’s Website For the duration of the advertising period

Council’s eTendering Website For the duration of the advertising period

TENDERS RECEIVED A total of number ten (10) tender submissions were received:

Company Name Location Postcode

Creggs Asphalt Pty Ltd Bickley Vale 2570

Denrith Pty Ltd Goulburn 2580

Donnelley Civil Wollongong 2500

JBG Contractors (NSW) Pty Ltd Albion Park Rail 2527

Ledacon Pty Ltd Fern Hill 2519

North Shore Paving Co Pty Ltd Lindfield West 2070

Shore Contracting Helensburgh 2508

South Syd. Concrete Arncliffe 2205

Starcon Group Pty Ltd Smithfield 2164

Stefanutti Construction Unanderra 2526




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LATE TENDERS No tender submissions were received as late.

TENDER EVALUATION A Procurement Evaluation Plan was developed which outlined the pre-determined selection criteria, the criteria weightings, and members of the tender evaluation panel. Each submission was evaluated against the specified criteria by the tender evaluation panel with a scoring system based from 0 to 10 and weighted according to the pre-determined criteria.

SELECTION CRITERIA The pre-determined criteria used to evaluate the tender was as follows: Mandatory Criteria:

Criteria

Public Liability - $20 million

Workers Compensation OR [Self Employed] Personal Accident and Illness Insurance or Personal Income Protection

Tenderers were required to meet the mandatory criteria to be eligible to be shortlisted and progress any further in the evaluation process. Non-Cost Selection Criteria & Weighting:

Non-Cost Selection Criteria

Criteria Weighting

Capability & Experience 25%

Specifications, Service & Support, Fit for Purpose 5%

Procurement Risk 5%

Quality Assurance & Innovation 5%

Work Health and Safety, Environment & Sustainability 10%

Total 50%




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Summary of Selection Criteria and Weighting:

Selection Criteria

Criteria Weighting

Total Non-Cost Criteria 50%

Total Cost Criteria 50%

Total 100%

NON-COMPLIANT TENDERS Upon evaluation no tender submissions were determined to be non-compliant.

IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME

Funding for the East Bowral Community Centre Carpark Civil Works has been included in Council’s adopted Capital Works Program and Investing in Our Future Improvement Plan. Consideration was given to the impact of this project on Council’s Improvement Plan at the time of adopting Council’s Operational Plan and Budget.

CONSULTATION


Council consulted closely with the East Bowral Community Centre Management Committee and the Owners of the Scottish Arms during the development of the detailed design. The wider surrounding community has been notified of the planned works.


The tender for this project has been developed and scoped in consultation with the Children’s Services, Built Assets team, Design Team, Project Delivery team and Procurement.


Council consulted closely with the East Bowral Community Centre Management Committee and the Owners of the Scottish Arms during the development of the detailed design.


Environment

Council has conducted an Environmental Assessment for the project in accordance with WSC Environmental Assessment Procedure under Part 5 of the Environmental Planning and Assessment Act. All identified environmental impacts have been addressed.




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Social

The completion of this project is expected to relieve some of the localised pressure for parking amongst the various users of the facilities.



Culture


Governance

This tender has been conducted in accordance with Part 7 of the Local Government (General) Regulation 2005.


The 2016/17 Expenditure Revotes endorsed at the Finance Committee Meeting on 16 August 2017 includes $57,835 plus the 2017/18 Operational Plan includes $129,000 which provides a total of $186,835 for the completion of this project.


Council’s Procurement Guidelines have been used to inform the tender process.

CONCLUSION

The tender evaluation summary and recommendation are documented in the report to Council’s Closed Committee.

ATTACHMENTS

There are no attachments to this report. Barry W Paull Deputy General Manager Operations, Finance and Risk Friday 3 November 2017



REPORT DEPUTY GENERAL MANAGER CORPORATE, STRATEGY AND DEVELOPMENT SERVICES

Page | 11

13 CORPORATE STRATEGY AND DEVELOPMENT SERVICES

13.1 Development Applications Determined from 25 September 2017 to 22 October 2017

Reference: 5302 Report Author: Business Support Officer (Development) Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Community Strategic Plan: Effective and efficient Council service delivery is provided

within a framework that puts the customer first

PURPOSE The purpose of this report is to update Councillors on Development Applications Determined for the period 25 September 2017 to 22 October 2017.

RECOMMENDATION THAT the information relating to the lists of Development Applications Determined for the period 25 September 2017 to 22 October 2017 be received and noted.

APPROVED APPLICATIONS BY DATE RANGE

Date range: 25 September 2017 to 22 October 2017

Application

ID Primary Property Owner Description

Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

1 17/0861 6 Old South Road Alpine NSW 2575 Lot 93 DP 751267

C Booth

Demolition of Existing

Residence & Construction of New Dwelling

30/06/2017 83 28 111 19/10/2017

2 17/1199 20B Balaclava Street Balaclava NSW 2575 Lot 63 DP 1232450

JP Rust, NP Hollis

New Dwelling 29/08/2017 0 29 29 27/09/2017

3 17/1263 378 Wilson Drive

Balmoral NSW 2571 Lot 13 DP 28213

LE Jackson, J Jackson

Dual Occupancy (detached)

08/09/2017 29 13 42 20/10/2017

4 16/0739.03 8 Oxley Street

Berrima NSW 2577 Lot 1 DP 1199930

RJ Bailey, JM Bailey

Section 96 Modification (changes to

cladding and ceiling insulation)

20/09/2017 0 30 30 20/10/2017




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Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

5 17/0333

2 Odessa Street Berrima NSW 2577 Lot 186 DP 751252 Lot 187 DP 751252 Lot 201 DP 751252

RD Porter Residential

Alterations and Additions

21/03/2017 136 70 206 13/10/2017

6 17/0644.05 44 Oldbury Street


KL Haylock, J Fitzpatrick

Section 96 Modification (removal of

10,000L water tank)

27/09/2017 0 2 2 29/09/2017

7 17/1185

15 Old Hume Highway Berrima

NSW 2577 Lot 101 DP 805720

DW Clegg

Change of Use (from retail

Christmas shop to Food and Drink

premises[ice creamery])

25/08/2017 0 52 52 17/10/2017

8 15/0007.04 Horderns Road

Bowral NSW 2576 Lot 8 Sec D DP 1416

Associated World Investments Pty

Ltd

Section 96 Modification

(amend conditions

regarding Building Envelopes, and

Noxious Weeds)

26/09/2017 0 11 11 20/10/2017

9 16/0728.02

Water Reservoir Old South Road Bowral

NSW 2576 Lot 51 DP 1141888

Wingecarribee Shire Council


(modification to telecommunications equipment, height

and footprint)

13/09/2017 0 36 36 19/10/2017

10 16/1130 65-67 Kangaloon

Road Bowral NSW 2576 Lot E DP 20574

Martha Street Developments Pty

Ltd Seniors Housing 15/11/2016 62 254 316 27/09/2017

11 17/0626

74-76 Bendooley Street Bowral NSW 2576 Lot 15 Sec D

DP 3807 Lot A DP 952272

GA Clarkson, NA Clarkson

Home Business 18/05/2017 121 27 148 13/10/2017

(Council)

12 17/0816 80 Station Street

Bowral NSW 2576 Lot 3 DP 740426

S Reekie, AF Reekie

Vehicle Repair Station

22/06/2017 58 55 113 13/10/2017

13 17/0888 85 Kirkham Road Bowral NSW 2576 Lot 32 DP 527840

Berrima Co-Op Rural Society Ltd

Change of Use (neighbourhood shop with liquor

sales)

05/07/2017 0 85 85 29/09/2017

(Council)

14

17/0944

509 Moss Vale Road Bowral NSW 2576

Lot 3 Sec 1 DP 976973

JG Landrigan, KE Landrigan

Residential Alterations and

Additions

19/07/2017

0

4

4

13/10/2017




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Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

15 17/0950

5 Braeside Drive Bowral NSW 2576 Lot 61 DP 711066

AKAS Stan McCabe Place

SM Petrocitto Secondary Dwelling

19/07/2017 49 33 82 10/10/2017

16 17/1048 31 Shepherd Street Bowral NSW 2576 Lot 1 DP 155292

HM Kauppila, Z Pavsic


Additions 07/08/2017 0 50 50 27/09/2017

17 17/1102 138 Mittagong Road


KL Binks Secondary Dwelling

11/08/2017 0 59 59 10/10/2017

18 17/1289 4 Alder Place Bowral NSW 2576 Lot 21 DP

839174

DS Delaney, ML Delaney


Additions 14/09/2017 0 28 28 13/10/2017

19 09/0969.04 2 Queen Street


CL Treuen, Fousel Pty Limited


(modification to condition to

remove the use of swales on site,

and include rainwater tanks & bio-retention rain

gardens)

16/11/2016 0 336 336 19/10/2017

20 17/1344 2 Isedale Road

Braemar NSW 2575 Lot 140 DP 1204085

MM Cooke, JS Cooke

Residential Alterations &

Additions 25/09/2017 0 10 10 05/10/2017

21 17/1241

24 Forwood Crescent Bundanoon NSW 2578 Lot 23 DP

831816

WM McLaren, KM Bell


Additions 05/09/2017 0 31 31 06/10/2017

22 16/0949.03 18 Yean Street

Burradoo NSW 2576 Lot 1 DP 866616

RC Brett, DL Brett


(change of dwelling location

and external cladding)

21/09/2017 0 22 22 13/10/2017

23 17/1249 73E Burradoo Road Burradoo NSW 2576 Lot 101 DP 1068618

C Trudgen, PE Lowe

Secondary Dwelling

06/09/2017 0 43 43 19/10/2017

24 17/1301 4 Tirrikee Lane


JO Stack, NS Milan


Additions 18/09/2017 0 9 9 27/09/2017

25 17/1341 60A Charlotte Street Burradoo NSW 2576

Lot 72 DP 843596

MW Bennett, CV Bennett


Additions 25/09/2017 0 10 10 05/10/2017

26 13/0654.01

“Maneroo” 532 Moss Vale Road


DL Flynn


(remove guest suite and garage)

31/08/2017 0 26 26 26/09/2017




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Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

27 17/1330 55 Boundary Road Buxton NSW 2571 Lot 661 DP 791249

RC Hunt Residential

Alterations & Additions

22/09/2017 0 18 18 10/10/2017

28 17/0297.04

2401 Canyonleigh Road Canyonleigh

NSW 2577 Lot 3 DP 1215869

H Nasser

Section 96 Modification (change from

electric to gas hot water system)

09/10/2017 0 3 3 12/10/2017

29 17/1161

1701 Canyonleigh Road Canyonleigh NSW 2577 Lot 213 DP 42821 Lot 17 &

Prt 141 DP751286 & EP482148

Moretti Holdings Pty Limited

New Dwelling 23/08/2017 0 42 42 05/10/2017

30 14/0431.05

27-41 Jasmine Street Colo Vale NSW 2575 Lots 1-4 & 7-8 Sec 15

DP 2389

RM Hamilton


(administrative modification to

contribution conditions)

29/09/2017 0 1 1 29/09/2017

31 17/1070 27 Daphne Street

Colo Vale NSW 2575 Lot 22 DP 1227467

AJ D'Onofrio New Dwelling 09/08/2017 0 62 62 10/10/2017

32 17/1040

Exeter Oval 16 Exeter Road Exeter

NSW 2579 Part Lot 2 DP 1221039


Recreation Facility (Croquet

Club) 04/08/2017 0 61 61 05/10/2017

33 17/1193 233 Ellsmore Road Exeter NSW 2579 Lot 5 DP 243546

IG Everingham, CM Everingham


Additions 28/08/2017 9 43 52 19/10/2017

34 17/1303 17 Buskers Avenue Exeter NSW 2579 Lot 30 DP 255091

JE Dennett Residential


18/09/2017 0 25 25 13/10/2017

35 16/0793.04

“Cloudview” Kangaloon Road Glenquarry NSW

2576 Lot 1 DP 770169

Lot 2 DP 770169 Lot 3 DP 770169 Lot 4 DP 770169

DU Arnott Section 96

Modification (addition of spa)

27/09/2017 0 6 6 03/10/2017

36 17/0977

381 Sproules Lane Glenquarry NSW

2576 Lot 1 DP 1138346

Lot 2 DP 1138346

PJ Dobson, RL Dobson

New Dwelling 25/07/2017 29 41 70 03/10/2017

37 17/1136

351 Sproules Lane Glenquarry NSW

2576 Lot 2 DP 877535

BM Graham Secondary Dwelling

18/08/2017 0 60 60 18/10/2017




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Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

38 17/1182

34 Soapy Flat Road High Range NSW

2575 Lot 9 DP 707398

LC Horsley Residential


25/08/2017 0 32 32 26/09/2017

39 17/1203

480 Wombeyan Caves Road High

Range NSW 2575 Lot 10 DP 707398

SE Vallely, LJ Vallely


Additions 29/08/2017 0 31 31 29/09/2017

40 17/0997 3 Ligar Street Hill

Top NSW 2575 Lots 5-8 Sec 60 DP 1384

CJ Tataroglou, JM Kinsela

New Dwelling 28/07/2017 58 18 76 13/10/2017

41 17/1104

55 Cumberteen Street Hill Top NSW 2575 Lots 27-29 Sec

52 DP 1384

NL Ellick Secondary Dwelling

14/08/2017 0 51 51 04/10/2017

42 17/1208 2 Wyong Street Hill

Top NSW 2575 Lot 2 DP 1069224

ND McLaren, ED McLaren


Additions 30/08/2017 0 27 27 27/09/2017

43 17/1251

22 King Street Hill Top NSW 2575 Lot

102 DP 785366 Lot 25 Sec 36 DP

1349 Lot 26 Sec 36 DP

1349

SJ Heather Residential


06/09/2017 0 22 22 29/09/2017

44 17/1307

12 Denison Street Hill Top NSW 2575 Lot 113 Sec 1 DP

10173

TD Bailey, RK Doyle


Additions 19/09/2017 0 14 14 03/10/2017

45 17/1343

11 Laura Street Hill Top NSW 2575 Lots

53-56 Sec 37 DP 1349

CM Davis, MKJ Priestley


Additions 25/09/2017 0 11 11 06/10/2017

46 17/1376 56 Ella Street Hill

Top NSW 2575 Lot 60 Sec 1 DP 10173

M Grech, CR Grech


Additions 29/09/2017 0 11 11 10/10/2017

47 17/1129

1785 Kangaloon Road Kangaloon

NSW 2576 Lot 11 DP 802189

H Vlahakis Secondary Dwelling

16/08/2017 2 54 56 12/10/2017

48 15/0628.06

1 Ferguson Crescent Mittagong NSW 2575 Lot 16 DP

1005636

J Griffin


(Relocation of Buildings 5 & 6)

20/06/2017 0 114 114 12/10/2017

(Council)

49 16/0875.03

2-8 Station Street Mittagong NSW

2575 Lot 23 Sec 2 DP 1289

Lot B DP 394677

Mittagong Central Developments Pty

Limited


(amend conditions of DA

consent)

28/08/2017 0 52 52 19/10/2017




Page | 16

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

50 17/0691.03

193-203 Old Hume Highway Mittagong NSW 2575 Lot 1 DP

1142703

Bieson Pty Ltd


(extend hours of operation)

01/09/2017 0 41 41 12/10/2017

51 17/1018

27 Tyndall Street Mittagong NSW 2575 Lot 3 DP

1074978

DJ Mackinnon, WS Mackinnon


Additions 01/08/2017 0 55 55 25/09/2017

52 17/1155

14 Cook Street Mittagong NSW

2575 Lot 2 Sec 9 DP 111201

J Chetcuti, JW Clayton


Additions 22/08/2017 0 52 52 13/10/2017

53 16/0978.03

2/1D Victor Crescent Moss Vale NSW 2577 Lot 6 DP

1214724

MP Senior


(retaining wall added to garage)

01/09/2017 0 46 46 17/10/2017

54 17/0130.04

8-10 Watson Road Moss Vale NSW 2577 Lot 312 DP

548349

CJ Herde Pty Ltd


(Relocation of stormwater easement)

29/08/2017 0 37 37 05/10/2017

55 17/0562.04 30 Kings Road Moss Vale NSW 2577 Lot

11 DP 1222061

K Regan, JA Regan


(change to timing of completion of landscaping prior

to o/c)

22/09/2017 0 5 5 27/09/2017

56 17/0779

Works Depot 53-57 Berrima Road Moss

Vale NSW 2577 Lot 1 DP 522057


Office Premises 15/06/2017 102 15 117 11/10/2017

57 17/1049

3 Hazelton Drive Moss Vale NSW 2577 Lot 2 DP

1118133

RJ Wellington Residential


07/08/2017 0 57 57 04/10/2017

58 17/1061

559A Argyle Street Moss Vale NSW 2577 Lot 4 DP

1229770

NPM Bray New Dwelling &

Secondary Dwelling

08/08/2017 0 51 51 29/09/2017

59 17/1063

559 Argyle Street Moss Vale NSW 2577 Lot 1 DP

1229770

NPM Bray Secondary Dwelling

08/08/2017 0 51 51 29/09/2017

60 17/1159

9 Mawson Terrace Moss Vale NSW 2577 Lot 16 DP

263584

CG White, RA White


Additions 22/08/2017 0 34 34 26/09/2017

61 17/1227

7131 Illawarra Highway Moss Vale NSW 2577 Lot 1 Sec

D DP 979244

FH Mench Residential


01/09/2017 0 41 41 13/10/2017




Page | 17

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

62 17/1252

3 Lapwing Place Moss Vale NSW 2577 Lot 4 DP

1129998

TJ Gorman New Dwelling 06/09/2017 0 28 28 04/10/2017

63 17/1259 16 East Street Moss

Vale NSW 2577 Lot 1 DP 1064895

NU Meehan, ARJ Meehan

Demolition Of Dwelling

08/09/2017 0 27 27 06/10/2017

64 17/1264

9 Vale View Avenue Moss Vale NSW 2577 Lot 69 DP

1218966

KR Sandry, JGG Sandry

New Dwelling 08/09/2017 0 27 27 05/10/2017

65 17/1314

627 Argyle Street Moss Vale NSW 2577 Lot 5 DP

259222

DR McMahon, DL McMahon


Additions 19/09/2017 0 22 22 12/10/2017

66 17/1299

7 Howard Street New Berrima NSW

2577 Lot 30 DP 15995

F Mauro, M Zagaria

Continued Use (studio)

15/09/2017 10 22 32 18/10/2017

67 17/1224 91 Koolilabah Lane Penrose NSW 2579 Lot 133 DP 751259

JML Glavanics Residential


01/09/2017 0 32 32 04/10/2017

68 16/0682.03

35 Bold Street Renwick NSW 2575

Lot 2031 DP 1167491

Adenzie Developments Pty

Ltd


(minor internal changes)

04/10/2017 0 8 8 13/10/2017

69 17/0771.01

64 May Street Robertson NSW 2577 Lot 31 DP

807699

S Teri, TM Moore

Section 96 Modification (additional

storage area)

26/09/2017 0 2 2 28/09/2017

70 17/1170

103 Mackeys Lane Robertson NSW 2577 Lot 1 DP

719611

PJ McMahon, KA Champion


Additions 24/08/2017 0 55 55 19/10/2017

71 17/1220


1054179

AD Pincus Secondary Dwelling

01/09/2017 0 35 35 06/10/2017

72 05/0398.03

79-81 Illawarra Highway Robertson NSW 2577 Lot 5 Sec

13 DP 758882

T Inzitari, B Inzitari

Section 96 Modification (to

include liquor consumption with

meals)

19/09/2017 0 30 30 19/10/2017

73 14/1274.01

13125 Hume Highway Sutton

Forest NSW 2577 Lot 7 DP 811912

Australian Property

Syndicates P/L

Section 96 Modification (changes to

exterior building design and cladding)

27/06/2017 0 94 94 29/09/2017




Page | 18

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

74 17/1002 45 Bumballa Road

Wingello NSW 2579 Lot 241 DP 751298

KJ Turner, CA Turner

2 Lot Subdivision 31/07/2017 0 58 58 27/09/2017

75 17/1266 10 Davys Lane

Wingello NSW 2579 Lot 1 DP 771382

R Buchan, PM Buchan


Additions 08/09/2017 0 31 31 10/10/2017

REFUSED APPLICATIONS

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

1 17/0900

84-86 Kangaloon Road & 2 Cypress

Parade Bowral NSW 2576 Lot 24 DP

839174, Lot 1-2 DP 1215051,

S Andelkovic, L Andelkovic

Seniors Housing 10/07/2017 91 9 101 20/10/2017

Reasons for Refusal:

1. The proportions of landscaping to built form within the locality result in a locality with a dominant landscape character of landscaping interspersed with dwellings and ancillary structures – the landscaped spatial character dominates the built form. The proposed 23 dwelling In-fill Self Care Housing Development (Housing for Seniors or People with a Disability) development is a development where the built form dominates the landscaped spatial character which does not recognise or complement a key desirable element of the location’s current character, thereby not satisfying Clause 33 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

2. The demolition of the existing house and surrounding mature garden does not respect the heritage

significance of the property at 84 Kangaloon Rd. The existing house (Springfield), though not formally heritage listed, contains a slab hut in its core that dates probably from the 1860s. This is set in a mature garden. It is considered that the house and garden meet the threshold for local heritage significance. Retention and restoration/reconstruction of the slab house set within its mature garden is considered appropriate, and future development designed accordingly (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

3. Surrounding residential development in Cypress Parade is characterised by predominantly 12, 14 and

16 metre front setbacks, with a landscaped separation between buildings. The proposed 3.5 - 5 metre setback of Units 6 - 11 to the Cypress Parade boundary, and proposed separation between Units 6 - 11 does not recognize or complement this key desirable element of the location’s current character, thereby not satisfying Clause 33 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

4. Surrounding residential development in Kangaloon Road is characterised by predominantly 20 metre

front setbacks. The proposed 2.8 - 5 metre setback of Units 1, 19, 23, and 18 to the Kangaloon Road boundary does not recognize or complement this key desirable element of the location’s current




Page | 19

character, thereby not satisfying Clause 33 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

5. Surrounding residential development is characterised by single storey dwellings within a landscaped

setting. The bulk, scale and style of the architecture of the proposed development is not consistent with the residential character of the locality. The long, unarticulated side walls and roof lines create a large mass of buildings with a minimal landscaped separation which does not recognize or complement this key desirable element of the location’s current character, thereby not satisfying Clause 33 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

6. Surrounding residential development is characterised by buildings within a landscaped setting of

established trees. The proposed removal of established trees from the site and the proposed erection of buildings within tree protection zones and structural root zones will result in the removal of trees 1 (x7), 2 (x35), 3, 22, 24, 39, 40, 41, 48, 49, 54, and 56 (x10) which are worthy of retention. The removal of these key trees from the site and minimal landscaped separation between proposed buildings does not recognize or complement this key desirable element of the location’s current character, thereby not satisfying Clause 33 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

7. The proximity of proposed buildings to the row of conifers on the Old South Road boundary and

Kangaloon Road boundary (between 2 – 3 metres separation) does not ensure the retention of these trees. A reduction in building footprint is required to ensure protection and retention of these trees, and improve future amenity / maintenance for residents. A more appropriate setback would be in the vicinity of +5m and this would consistent with the Consulting Arborist’s calculated Tree Protection Zone of 5.3 metres as required by Australian Standard 4970 (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

8. Proposed removal of Eucalyptus macarthurii, a threatened species, has not been addressed under the

Threatened Species Conservation Act 1995 or Environment Protection and Biodiversity Conservation Act 1999 by way of a Flora & Fauna report and Assessment of Significance. The retention of these trees is required to prevent a significant impact on a threatened species (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

9. Clause 40 (4)(c) of State Environmental Planning Policy (Housing for Seniors or People with a Disability)

2004 requires that a building located in the rear 25% of the site must not exceed 1 storey in height. As the site has three street frontages, the western boundary adjoining proposed units 12, 13, 14, 15, 16 and 17 is considered to be the rear boundary of the site. Proposed units 12 and 17 are 2 storeys in height and located within the rear 25% of the site. Single storey structures within the rear 25% of the site are required as this recognises and complements a key desirable element of the location’s current character. No written request seeking to justify the contravention of this development standard in accordance with Clause 4.6 of Wingecarribee Local Environmental Plan 2010 has been submitted (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

10. Clause 31 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

requires that a consent authority take into consideration the provisions of the Seniors Living Policy: Urban Design Guideline for Infill Development. The location of proposed rear units 12, 13, 14, 15, 16 and 17 prevents the provision of 10% of the site area at the rear of the site as deep soil zone, preventing the provision of a mid-block corridor of trees / landscaping, which is a desirable characteristic in the surrounding residential area (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).




Page | 20

11. Clause 31 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 requires that a consent authority take into consideration the provisions of the Seniors Living Policy: Urban Design Guideline for Infill Development. The location of proposed rear units 12, 13, 14, 15, 16 and 17 and removal of established trees in this location increases the impact of the development upon neighbours and erodes the pattern of mid-block corridor of trees / landscaping / deep soil planting. Mid-block corridor of trees / landscaping / deep soil planting is a desirable characteristic in the surrounding residential area (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

12. Shops, retail, commercial, community services, recreation facilities, the practice of a general medical

practitioner or bank service provider are not located within 400 metres of the site. The bus shelter/ bus stop located on the southern side of Kangaloon Rd does not provide a service to the site, as it services a school bus route only. Insufficient details have been submitted to satisfy Clause 26 (2) (c) (i)(ii)(iii) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, particularly details of a suitable access path from the site to a “hop on” / “hop off” bus stop for the Route 814 Bowral Town Service and Route 815 East Bowral Service (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

13. The proposed Strata Title subdivision proposing 23 strata lots is a significant variation to the 2000 sqm

minimum lot size applicable to the site under Wingecarribee Local Environmental Plan 2010. No written request seeking to justify the contravention of the 2000 sqm minimum lot size development standard in accordance with Clause 4.6 of Wingecarribee Local Environmental Plan 2010 has been submitted (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

14. Vehicular access to the development from the Kangaloon Road service lane is not supported due to the

proximity of the service lane / Old South Road intersection to the existing roundabout. Alternative access points should be considered and future development designed accordingly the largest vehicle to access the development can enter and exit the development in a forward direction. A swept path analysis is to be provided to demonstrate this (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

15. The provision of stacked car spaces for proposed Units 7 and 9 fronting Cypress Parade, with the

carspaces directly adjoining the northern Cypress Parade boundary, to achieve the required 38.5 space parking requirement for the development, increases the visual impact of the development upon the Cypress parade streetscape and does not recognise or complement a key desirable element of the location’s current character, thereby not satisfying Clause 33 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

16. Insufficient information has been submitted addressing flooding. The northern portion of the site is

flood prone land. The submitted application does not address the requirements of Bowral Town Plan Development Control Plan in terms of flood risk and flood impacts upon the development itself and adjoining properties. Should a future development application be prepared, a flood certificate should be obtained, and future development designed accordingly (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

17. Insufficient information has been submitted addressing stormwater management. The Statement of

Environmental Effects prepared by Lee Environmental Planning states the following: “Council should be satisfied that the development will have no identifiable impact on water quality. Storm water from the site will not be contaminated and can be collected and disposed of in the same manner as all other stormwater in the vicinity. Reference should be made to the comprehensive storm water concept plans/report prepared by LMW Design Group.” The concept plans do not demonstrate how water quality or quantity is to be managed in accordance with Council standards. The storm water report mentioned above has not been submitted. Rainwater tanks cannot be used as On Site Detention for




Page | 21

this site. A music model has not been provided that substantiates the above statement (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

18. Insufficient information has been submitted with the application addressing stormwater quality

modelling, and post-development impervious area, to demonstrate that the development can achieve a Neutral or Beneficial Effect on Water Quality in accordance with State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

19. Insufficient information has been submitted with the application regarding water and sewer concept

designs. A water and sewer modelling report has not been provided with the application. Should a future development application be prepared, a water and sewer modelling report shall be obtained, and future development designed accordingly (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

20. Insufficient information has been submitted with the application regarding refuse collection,

particularly a swept path analysis demonstrating that the largest vehicle to access the development can enter and exit the development in a forward direction (S.79C(1)(a)(b)(c)(d)(e) of the Environmental Planning & Assessment Act 1979).

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

2 17/1147 12 Emerald Court

Colo Vale NSW 2575 Lot 7 DP 1212335

Samaro Homes Pty Ltd


22/08/2017 42 10 52 13/10/2017


1. The development is not compliant with Section 7.2 of the Wingecarribee Local Environmental Plan (S.79C(1)(a)(i) of the Environment and Planning Assessment Act 1979).

2. The development is not compliant with Section C2 of the Northern Villages Development Control Plan

(S.79C(1)(a)(iii) of the Environment and Planning Assessment Act 1979). 3. The development would result in an adverse streetscape outcome and result in potential impact to the

visual amenity of the surrounding neighbours (S.79C(1)(b) of the Environment and Planning Assessment Act 1979).

4. Due to the non-compliance of the development with the Northern Villages DCP as stipulated in 1

above, approval of the development would not be in the public interest (S.79C(1)(e) of the Environment and Planning Assessment Act 1979).

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

3 17/0433 76 Lytton Road Moss Vale NSW 2577 Lot 1

DP 206849

Selby's Earthmoving Pty

Ltd 5 Lot Subdivision 10/04/2017 128 56 185 12/10/2017




Page | 22


1. Pursuant to S.79C(1)(b) of the Environmental Planning and Assessment Act 1979, the development does not comply with the following:

* Clause 7.10 Public utility infrastructure under the Wingecarribee Local Environmental Plan 2010 and Part A Section 8.8 Stormwater Disposal under the Moss Vale Development Control Plan. Council is not satisfied with the proposed method of storm water disposal.

* Clause 5.9 Preservation of trees or vegetation under the Wingecarribee Local Environmental Plan 2010 and Part A Section 5 of the Moss Vale Development Control Plan. Council has been provided with insufficient information to assess the impacts of tree removal.

2. Pursuant to section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the

development as proposed would result in an adverse storm water impact to the locality. The development has been:

* unable to establish an easement through downstream properties for stormwater drainage; and * unable to establish a legal point of discharge.

3. Pursuant to section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, the site is not

considered suitable for the proposed development as storm water cannot be adequately discharged. 4. Pursuant to section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, the

development is not in the public Interest.

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

4 17/1172

Shop 11 256 Argyle Street Moss Vale

NSW 2577 Lot 2 S/P 50623

MVII Pty Limited Food and Drink

Premises (Restaurant)

24/08/2017 41 14 56 19/10/2017


1. Insufficient information has been submitted in order to assess the development against the applicable

environmental planning instruments, pursuant to section 79C (1)(a) of the Environmental Planning and Assessment Act 1979.

* Insufficient information has been submitted in order to determine the impact of the development, pursuant to section 79C (1)(b) of the Environmental Planning and Assessment Act 1979.

* Insufficient information has been submitted with the application to enable Council to adequately determine site suitability pursuant to section 79C (1)(c) of the Environmental Planning and Assessment Act 1979.

2. The development is not in the public interest due to insufficient information being available to

determine impacts pursuant to section 79C (1)(e) of the Environmental Planning and Assessment Act 1979.

ATTACHMENTS





Page | 23

13.2 Development Applications Received from 25 September 2017 to 22 October 2017

Reference: 5302 Report Author: Business Support Officer (Development) Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Community Strategic Plan: Effective and efficient Council service delivery is provided

within a framework that puts the customer first

PURPOSE The purpose of this report is to update Councillors and Development Applications Received in the period of 25 September 2017 to 22 October 2017.

RECOMMENDATION THAT the information relating to Development Applications Received from 25 September 2017 to 22 October 2017 be received and noted.

RECEIVED APPLICATIONS BY DATE RANGE

Date range: 25 September 2017 to 22 October 2017

Application


Date Lodged

Council Decision Determined

Date

Weekly Circular

1 16/0643.02

1 Renwick Drive Balaclava NSW 2575 Lot 1 DP

511424

DJ McPherson, DW McPherson


(change dimensions of carport)

19/10/2017 #PENDING

2 17/0646.02

16 Clariville Street Balaclava NSW 2575 Lot 20 DP

1000158

SG Johnsen, CR Johnsen


(change location of windows and roller

doors)

26/09/2017 #PENDING

3 17/1423

8 Cardigan Street Balaclava NSW

2575 Lot 13 Sec 9 DP 841

ADS Bamra, NK Ranhotra


Additions 12/10/2017 #PENDING

4 15/0884.04

11-13 Oxley Street Berrima NSW 2577

Lot 16 Sec 30 DP 758098

Lot 17 Sec 30 DP 758098

AMG Poppelwell, PS Scevak

S96 Modification (changes to roof pitch, cladding

thickness, ceiling height and removal

of retaining wall)

20/10/2017 #PENDING




Page | 24

Application


Date Lodged


Date

Weekly Circular

5 16/0671.03

3020 Old Hume Highway Berrima

NSW 2577 Pt Lot 3 DP 584423 FARM

Antikvorem Pty Ltd


(remove requirement for

pump wells)

12/10/2017 #PENDING

6 17/0644.05 44 Oldbury Street


KL Haylock, J Fitzpatrick


(removal of 10,000L water tank)

27/09/2017 #APPROVED 29/09/2017

7 17/1450

112 Compton Park Road Berrima NSW

2577 Lot 18 DP 262971

ML Hennessy, AE Tucker

Animal Boarding or Training

Establishment (Increase from 30 to

60 dogs)

16/10/2017 #PENDING

8 17/1452 3 Oxley Street


MA Quaggiotto-McMahon,

SA McMahon



9 14/0524.04

10 Church Street Bowral NSW 2576

Lot 10 Sec B DP 11838

KN Dunlop, JM Dunlop


(changes to deck, roof over, reduce garage width and

additional sinks and joinery)

13/10/2017 #APPROVED 23/10/2017

10 14/1098.03

64 Bendooley Street Bowral NSW

2576 Lot C DP 342460

RE Young, GR Young


Additions 11/10/2017 #APPROVED 23/10/2017

11 15/0007.04

Horderns Road Bowral NSW 2576

Lot 8 Sec D DP 1416

Associated World

Investments Pty Ltd

Section 96 Modification (amend conditions regarding Building Envelopes,

and Noxious Weeds)

26/09/2017 #APPROVED 20/10/2017

12 16/0454.04

110 Oxleys Hill Road Bowral NSW 2576 Part Lot 1 DP

358488

SM Clutton Residential


06/10/2017 #PENDING

13 16/1366.01

203 Horderns Road Bowral NSW 2576 Part Lot 311

DP 1191798

Tujilo Pty Limited

Section 82A Review (refusal of Section

96 Council decision) 06/10/2017 #PENDING

14 17/1348 1 King Ranch Drive Bowral NSW 2576 Lot 58 DP 807240

J Bova, A Bova

2 Lot Subdivision 25/09/2017 #PENDING

15 17/1352 81 Ascot Road


CA Uliana, AJ Uliana


26/09/2017 #PENDING

16 17/1359 108 Ascot Road


CL Cotman, HH Cotman


27/09/2017 #PENDING




Page | 25

Application


Date Lodged


Date

Weekly Circular

17 17/1361 1 Kirkham Road


MD Hughes New Dwelling 28/09/2017 #PENDING

18 17/1365

104-106 Bowral Street Bowral NSW

2576 Lot 1 DP 323163, Part Lot

13 Sec C DP 11838

NJ Hartnell Health Services

Facility 28/09/2017 #PENDING

19 17/1367 196 Bowral Street Bowral NSW 2576 Lot 1 DP 708665

JE Brady Dual Occupancy

(attached) 29/09/2017 #PENDING

20 17/1396

31 Westbrook Crescent Bowral

NSW 2576 Lot 309 DP 1031487

AM Paull, BW Paull


Additions 06/10/2017 #WITHDRAWN 10/10/2017

21 17/1414 7 Minnows Drive


Mulberrygong Investments Pty

Ltd

Industrial -Agricultural Produce Industry (distillery)

10/10/2017 #PENDING

22 17/1432

77 Sir James Fairfax Circuit


PT Barr, KA Barr

New Dwelling 12/10/2017 #WITHDRAWN 23/10/2017

23 17/1439

12 Caroline Avenue Bowral

NSW 2576 Lot 112 DP 1231974

BL Walker, LM Walker

New Dwelling 13/10/2017 #PENDING

24 17/1447

121 Bowral Street Bowral NSW 2576

Lot 9 Sec C DP 8185

Copeland Developments

Pty Ltd 3 Lot Subdivision 16/10/2017 #PENDING

25 17/1453



AR Robinson, EF Simpson


26 17/1470

6 McDonald Street Bowral NSW 2576 Lot 5 DP 243730 Lot 6 DP 243730

SC Kinsella, JD Kinsella



27 17/1474



SH Rieber, AM Rieber


28 17/1476



PT Barr, KA Barr





Page | 26

Application


Date Lodged


Date

Weekly Circular

29 03/0786.04

133 Old Bowral Road Bowral NSW 2576 Lot 2345 DP

1110446

Old Bowral Estate Pty

Limited


(relocation of the rising sewer main)

26/09/2017 #PENDING

30 11/1041.03

8 Kiama Street Bowral NSW 2576 Lot 13 DP 1022146 Lot 14 DP 1022146

Kiama Street Pty Ltd


(increase annual asbestos disposal

limit from 5,000 to 25,000 tonnes)

05/10/2017 #PENDING

31 16/1022.01

74 Old Hume Highway Braemar NSW 2575 Lot 21 DP 789172 & Lot

22 DP 789172

VC Bernasconi, CR Bernasconi

Section 82A Review (refusal of

subdivision DA) 10/10/2017 #PENDING

32 17/1344

2 Isedale Road Braemar NSW

2575 Lot 140 DP 1204085

MM Cooke, JS Cooke



33 17/1486

39 Red Gum Drive Braemar NSW

2575 Lot 335 DP 1228384

DP Foley, NJ Foley


34 17/1434

161 O’Briens Road Bullio NSW 2575

Lot 10 DP 1007910 Lot 11 DP 1007910 Lot 12 DP 1007910 Lot 13 DP 1007910

and 7 more

Deempend Pty Ltd


35 17/1485

272 Pulpit Rock Road Bullio NSW

2575 Lot 4 DP 814845

KR Ruhnau, DE Ruhnau



36 17/1345

639 Old Argyle Road Bundanoon NSW 2578 Lot 2

DP 717202

D Buckman, KJ McIvor



37 17/1363

10 Birch Park Road Bundanoon NSW 2578 Lot 32 DP

800633

RH Dunstan, G Dunstan


38 17/1426

29 Garland Road Bundanoon NSW 2578 Lot 44 DP

263668

HAG Dawson, TE Dawson



39 17/1471

24 Greasons Road Bundanoon NSW 2578 Lot 43 DP

1102297

DJ Adams, KM MaCaulay






Page | 27

Application


Date Lodged


Date

Weekly Circular

40 17/0548.04

34 Sullivan Road Burradoo NSW 2576 Lot 82 DP

1227651

MG Collatz, CM Collatz



41 17/1339.02

24 Hurlingham Avenue Burradoo NSW 2576 Lot 3

DP 1219070

J Slabak, M Slabak


(change to building envelope)

16/10/2017 #PENDING

42 17/1341

60A Charlotte Street Burradoo

NSW 2576 Lot 72 DP 843596

MW Bennett, CV Bennett



43 17/1350

36 Holly Road Burradoo NSW 2576 Lot 3 DP

505098

VC Hendry, IS Hendry



44 17/1373


1203033

PM Prothero, DI Prothero

New Dwelling, Workshop & Studio

29/09/2017 #PENDING

45 17/1378

48C Burradoo Road Burradoo NSW 2576 Lot 2

DP 1206345

AM Martin, HC Diver


46 17/1407

19 Phillip Street Burradoo NSW 2576 Lot 1 DP

787487

D Patterson, WM Patterson



47 17/1440

107 Burradoo Road Burradoo

NSW 2576 Lot 22 DP 883565

JF Wallman, MJ Mulvihill


48 17/1454

107 Burradoo Road Burradoo

NSW 2576 Lot 22 DP 883565

JF Wallman, MJ Mulvihill

Demolition of Existing Dwelling

17/10/2017 #PENDING

49 17/1483


1203033

ML Leahy, M Leahy


50 17/1489

“Lynmere” 32 Charlotte Street Burradoo NSW

2576 Lot 221 DP 814233

D Stone Residential


20/10/2017 #PENDING

51

17/0297.04

2401 Canyonleigh Road Canyonleigh NSW 2577 Lot 3

DP 1215869

H Nasser

New Dwelling

09/10/2017

#APPROVED

12/10/2017




Page | 28

Application


Date Lodged


Date

Weekly Circular

52 17/1445

1111 Tugalong Road Canyonleigh NSW 2577 Lot 112

DP 1018254

A Maiorana, SR Grixti



53 14/0431.05

27-41 Jasmine Street Colo Vale

NSW 2575 Lots 1-4 & 7-8 Sec 15 DP

2389

RM Hamilton


(administrative amendment to

contribution conditions)

29/09/2017 #APPROVED 29/09/2017

54 17/1492

160 Colo Road Colo Vale NSW 2575 Lot 2 DP

625845

RJ Lyons, AB Lyons



55 15/0634.04

300 Kirkland Road East Kangaloon NSW 2576 Lot 2

DP 791235

MR Yabsley, SM Yabsley

Section 96 Modification (removal of

condition limiting 100 people)

12/10/2017 #PENDING


TR Lesslie New Dwelling 26/09/2017 #PENDING

57 17/1353

130 Rockleigh Road Exeter NSW

2579 Lot 20 DP 1154427

JR Fletcher, RD Laverack




KA Hassos 7 Lot Subdivision 17/10/2017 #PENDING

59 01/1585.01

“Wensley Dale” Middle Road

Exeter NSW 2579 No related land

MG McGrane Residential


12/10/2017 #PENDING

60 13/0557.04

24 Sallys Corner Road Exeter NSW 2579 Lot 102 DP

1205383

A Moore, R Cox


(change storage shed to service area)

26/09/2017 #WITHDRAWN 10/10/2017

61 16/0793.04

“Cloudview” Kangaloon Road Glenquarry NSW

2576 Lot 1 DP 770169

Lot 2 DP 770169 Lot 3 DP 770169 Lot 4 DP 770169

DU Arnott Section 96

Modification (addition of spa)

27/09/2017 #APPROVED 03/10/2017

62

17/1349

941 Range Road Glenquarry NSW

2576 Lot 4 DP 771812

NE Vild, MK Vild


Additions

25/09/2017

#PENDING




Page | 29

Application


Date Lodged


Date

Weekly Circular

63 17/1429

1900 Wombeyan Caves Road High Range NSW 2575 Lot 7 DP 1192578

L O'Neill Residential


12/10/2017 #PENDING

64 17/1343

11 Laura Street Hill Top NSW 2575

Lots 53-56 Sec 37 DP 1349

CM Davis, MKJ Priestley



65 17/1376 56 Ella Street Hill

Top NSW 2575 Lot 60 Sec 1 DP 10173

M Grech, CR Grech



66 17/1401 5/9 West Parade

Hill Top NSW 2575 Lot 5 SP 75970

DA Hayman Commercial


06/10/2017 #PENDING

67 17/1402

101 Wattle Ridge Road Hill Top NSW

2575 Lot 27 DP 855022

ME Reynolds, MA Reynolds, AC Reynolds

Secondary Dwelling 09/10/2017 #PENDING

68 17/1424 43 Rosina Street

Hill Top NSW 2575 Lot 100 DP 804323

DJ Fabrizio New Dwelling 12/10/2017 #PENDING

69 17/1355

“Womballaby” 1317 Joadja Road Joadja NSW 2575 Lot 11 DP 739765

JJ Richards, CM Richards


Additions 27/09/2017 #WITHDRAWN 29/09/2017

70 17/1383

“Womballaby” 1317 Joadja Road Joadja NSW 2575 Lot 11 DP 739765

JJ Richards, CM Richards



71 17/1400

“Jindalee” 251 Joadja Road

Mandemar NSW 2575 Lot 5 DP

613229

REF Murray, AJ Murray



72 17/1481

440 Medway Road Medway NSW 2577 Lot 10 DP

879079

PJ Rose, M Rose

Secondary Dwelling 20/10/2017 #PENDING

73 17/1377

46 Oxley Drive Mittagong NSW 2575 Lot 21 DP

838000

Willawong Pty Limited

2 Lot Subdivision, 2 x Dual Occupancy

(attached) 03/10/2017 #PENDING

74

17/1382

“Glomar” 4 Belmore Street Mittagong NSW 2575 Lot 4 DP

748076

CV Goodsell

3 Lot Subdivision

03/10/2017

#PENDING




Page | 30

Application


Date Lodged


Date

Weekly Circular

75 17/1394

Gibbergunyah Daycare 36

Etheridge Street Mittagong NSW 2575 Lot 12 DP

597379

Hootir Pty Ltd Commercial


05/10/2017 #PENDING

76 17/1412

18 Spencer Street Mittagong NSW 2575 Lot 1 DP

419100

AD Wallwork Residential


10/10/2017 #PENDING

77 17/1416

10 Bong Bong Road Mittagong NSW 2575 Lot 2

DP 561821

SL Heathcote Secondary Dwelling 11/10/2017 #PENDING

78 17/1417

7 Ernest Street Mittagong NSW 2575 Lot 9 DP

263394

SM Schreiber New Dwelling 11/10/2017 #PENDING

79 17/1444

6-10 Owen Street Mittagong NSW

2575 Lot 12 Sec 36 DP 1374

Lot 13 Sec 36 DP 1374

Lot 15 Sec 36 DP 1374 Lot 14 Sec 36

DP 1374

S & M Power P/L

Industrial Premises (showrooms,

industrial work spaces and self-

storage)

16/10/2017 #PENDING

80 17/1446

Mt Alexandra Reserve Pioneer Street Mittagong NSW 2575 Lot 1

DP 1091716


Temporary Use of Land (International

Day of People with a Disability and also

Senior Festival)

16/10/2017 #PENDING

81 17/1469

34 Lyell Street Mittagong NSW 2575 Lot 4 Sec 7

DP 111201

NM Crowe, H Crowe



82 17/1472

34 Duke Street Mittagong NSW 2575 Lot 69 DP

15496

AC Burnaby Demolition of

Dwelling 19/10/2017 #PENDING

83 17/1490

32 Brewster Street Mittagong NSW 2575 Lot 3 DP

811681

RM Carter, HJ Carter



84

16/0496.05

435 Nowra Road Moss Vale NSW 2577 Lot 22 DP

708503

JN Webb, SG Webb


(relocate Shed)

17/10/2017

#PENDING




Page | 31

Application


Date Lodged


Date

Weekly Circular

85 17/0285.03

33 Carribee Road Moss Vale NSW 2577 Lot 4 DP

623038

JF Caseley, BS Caseley


(amendment to S94 contribution conditions)

12/10/2017 #PENDING

86 17/0285.04

33 Carribee Road Moss Vale NSW 2577 Lot 4 DP

623038

JF Caseley, BS Caseley

Section 82A Review (review of Section 94 contributions)

12/10/2017 #WITHDRAWN 17/10/2017

87 17/1354

12 Watson Road Moss Vale NSW 2577 Lot 1 DP

1232365

DL Yates, JM Etchells


88 17/1368 3 Wiles Place Moss Vale NSW 2577 Lot

448 DP 1231726

KS Colyn, MJ Colyn



450 DP 1231726

MJ Shaw, AR Shaw


90 17/1398

36 Browley Street Moss Vale NSW 2577 Lot 5 DP

14457

MP Bridges Residential


06/10/2017 #PENDING

91 17/1415

Shop 5 256 Argyle Street Moss Vale NSW 2577 Lot 8

S/P 50623

MVII Pty Limited

Change Of Use (vacant shop to

takeaway food shop) 10/10/2017 #PENDING

92 17/1428

16 Cherry Tree Close Moss Vale NSW 2577 Lot 16

DP 263656

GD Webb Residential


12/10/2017 #PENDING

93 17/1443

12A Innes Road Moss Vale NSW 2577 Lot 3 DP

1003748

DM McHugh Residential


16/10/2017 #PENDING

94 17/1456

Moss Vale Services Club 17 Yarrawa Street Moss Vale

NSW 2577 Lot 100 DP 1037724

Moss Vale Services Club

Ltd

Commercial Alterations and


95 17/1458

3 Endeavour Circuit Moss Vale

NSW 2577 Lot 104 DP 1218966

DL Packett New Dwelling 17/10/2017 #PENDING

96 17/1461

7 Old Dairy Close Moss Vale NSW 2577 Lot 5 DP

1147034

ST Kmet, G Kmet

Transport Depot 18/10/2017 #PENDING

97 17/1463

7 Roche Close Moss Vale NSW 2577 Lot 7 DP

1102679

TJ Bevan, MK Bevan






Page | 32

Application


Date Lodged


Date

Weekly Circular


447 DP 1231726 AW Fitzgerald New Dwelling 20/10/2017 #PENDING

99 10/0962.02 8 East Street Moss Vale NSW 2577 Lot

C DP 156743 S King


(change of use from garage to studio and

continued use)

11/10/2017 #PENDING

100 17/1491

570 Kareela Road Penrose NSW 2579 Lot 2 DP

1055825

JD Hescott, JE Hescott


101 16/0682.03

35 Bold Street Renwick NSW

2575 Lot 2031 DP 1167491

Adenzie Developments

Pty Ltd

Section 96 Modification to


Additions (change of use of garage from residential storage

to studio)

04/10/2017 #APPROVED 13/10/2017

102 17/1374

54 Renwick Drive Renwick NSW

2575 Lot 1034 DP 1163906

Minister For Community Services & Assistant

Minister For Health


103 17/1405

Whitfield Lane Renwick NSW

2575 Lot 201 DP 1174912


Minister For Health


104 17/1406

Whitfield Lane Renwick NSW

2575 Lot 201 DP 1174912


Minister For Health


105 15/0762.03

1 Rossgoll Road Robertson NSW 2577 Lot 1 DP

739898

Z Waters, JR Waters


(change to design of dwelling extension)

29/09/2017 #PENDING

106 17/0771.01


807699

S Teri, TM Moore


(additional storage area)

26/09/2017 #APPROVED 28/09/2017

107 17/1356

“Roseneath” 277 Pearsons Lane

Robertson NSW 2577 Lot 337 DP

751302

Clement Holdings

Australia Pty Ltd

Rural Industry (three sheds)

27/09/2017 #PENDING




Page | 33

Application


Date Lodged


Date

Weekly Circular

108 17/1366

54-56 Burrawang Street Robertson NSW 2577 Lot 9

Sec 23 DP 758882

LA Wyllie, JL Wyllie



109 17/1427

4 Cottee Close Robertson NSW 2577 Lot 11 DP

1112960

BM Wright, AN Wright



110 17/1479

1 Hoddle Street Robertson NSW 2577 Lot 1 DP

828912

ML King, AT Kennard



111 17/1392

“Danglestone” 32 Hanging Rock

Road Sutton Forest NSW 2577 Lot 11 DP 241054

Latham Property

Holdings Pty Limited

Telecommunications Facility

05/10/2017 #PENDING

112 17/1442

368 Exeter Road Sutton Forest NSW

2577 Lot 1 DP 1213201

Totomo Pty Ltd Residential


16/10/2017 #PENDING

113 17/1364

81 Wildes Meadow Road

Wildes Meadow NSW 2577 Lot 52

DP 813372

Braesyde Pty Ltd

New Dwelling (staged

development) 28/09/2017 #PENDING

114 17/1408

Wildes Meadow Road Wildes

Meadow NSW 2577 Lot 5 DP

1076262

PJ Hayes SJ Hayes



115 17/1467

183 Wildes Meadow Road

Wildes Meadow NSW 2577 Lot 1

DP 875773

BJ Dolphin, LG Dolphin



116 17/1413

“Whitmuir” 5 Park Street Wingello

NSW 2579 Lot 42 DP 1096435 Lot 425 DP 1096435

Lot 426 DP 1096435

HE Brearley New Dwelling 10/10/2017 #PENDING

117 17/1409

Tennessee Orchard 184 Old Hume Highway Yerrinbool NSW 2575 Lot 2 DP

246178 Lot 8 DP 246178

J Vella, P Vella

Horticulture (Greenhouse

Building) 09/10/2017 #PENDING




Page | 34

ATTACHMENTS





Page | 35

13.3 Post Exhibition Report on Draft Residential DCP Amendments

Reference: 5700 Report Author: Senior Strategic Land Use Planner Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Community Strategic Plan: Identify and protect the unique characteristics of towns and

villages to retain a sense of place

PURPOSE The purpose of this report is to inform Council on submissions received during the public exhibition of draft Development Control Plan amendments for residential development.

RECOMMENDATION THAT the draft Residential DCP amendments contained in Attachment 1 to this report be adopted.

REPORT

BACKGROUND The Development Control Plans (DCPs) are an important tool by which Council assesses and determines Development Applications. There is a separate DCP for each township and village. There are two (2) rural DCPs, the Rural Lands DCP which applies to the RU1 Primary Production and RU2 Rural Landscape zones, the E3 Environmental Management zone and the SP3 Tourist zone, and the Rural Living DCP which applies to the RU4 Primary Production Small Lots and E4 Environmental Management zones. There are also two (2) Industrial DCPs (Industrial Land DCP and Moss Vale Enterprise Corridor DCP). In using the DCPs the Town Planners periodically identify guidelines or controls which could benefit from a review to improve their strength and/or clarity. The current suite of DCPs came into force with the making of Wingecarribee Local Environmental Plan 2010 (WLEP 2010) and all have been amended on various occasions since then to maintain currency. A review of the residential development provisions has been undertaken and certain draft amendments have been prepared which form the subject of this report. These draft amendments form Attachment 1 to this report.




Page | 36

REPORT

Council resolved at its Ordinary Meeting of 24 May 2017 to exhibit draft amendments to the residential provisions of all town, village and rural Development Control Plans. The draft amendments were placed on public exhibition for a period of 31 days from Wednesday 7 June to Friday 7 July 2017.

Details of the exhibition were placed in the Southern Highland News for each of the five weeks of the exhibition period. Information was also made available at the Customer Service Counter and at each of the libraries including the mobile library.

Details of the exhibition were also emailed to a total of 3,402 subscribers to either the Your Say Wingecarribee website (2,108) or to Council’s e-newsletter (1,294).

Six (6) submissions were received, four (4) external submissions and two (2) internal submissions. Submission comments and Council’s responses are summarised below. All submissions are available for Councillor viewing in the Councillors’ Room.

In response to submission comments, a revised draft DCP for adoption is provided as Attachment 1 to this report. A clean copy of the draft amendments, as recommended, is available for Councillors in the Councillors’ Room. As the revised draft contains no substantial changes to the exhibited draft, no further exhibition is considered necessary.

Submission Comment –Flood Liable land Provisions for Seniors Housing.

One submission questioned the merit of adopting the proposed removal of ‘self-contained housing’ from the ‘seniors housing’ group term within the sensitive uses and facilities category. One submission supported this proposed amendment.

o Council’s Response – The proposed amendment reflects the seniors housing

policy direction set by the Department of Planning and Environment and is in keeping with similar controls in other local government areas.

Submission Comment – Cut and Fill provisions

One submission notes that the current WLEP 2010 cut and fill provisions are different from the ‘Exempt and Complying’ SEPP.

o Council’s Response – WLEP 2010 is currently being amended to be consistent

with the SEPP. The proposed DCP amendment has been revised to simply refer to WLEP 2010 which will then ensure full consistency with the LEP and SEPP.

Submission Comment – Prohibition on Shipping Containers

One submission does not support the proposed amendment to shipping containers. One submission does.

o Council’s Response – The proposed amendment would enable a shipping

container to be used as the framework for a dwelling. It will still be necessary for the dwelling to comply with all other housing controls within the DCP so that it would not be recognisable as a shipping container once converted. The proposed amendment would retain the shipping container prohibition in all other zones and for all other purposes.




Page | 37

Submission Comments – Dual Occupancy & Secondary Dwellings

Two submissions found the section on Dual Occupancy and Secondary Dwellings confusing.

o Council’s Response – These comments are noted and appreciated. A more

simplified approach has been taken.

Submission Comment – Minimum Lot Size for Secondary Dwellings

One submission suggests that the 1000m2 minimum lot size DCP control for dual occupancy, secondary dwellings and multi dwelling housing should be reviewed. The SEPP allows for a secondary dwelling on a site as small as 450m2 and other site controls (landscaping etc) provide strong protection against overdevelopment.

o Council’s Response – Applicants seeking to construct a secondary dwelling have

a choice. They are entitled to apply under the SEPP to construct a secondary dwelling on a lot below 1000m2 but are limited to a dwelling size of 60m2. If an applicant wants to take advantage of the more generous size provisions under the WLEP 2010 definition of ‘secondary dwelling, then the DCP controls require a lot of 1000m2 in order to better accommodate the larger dwelling. The current provisions, therefore, will be retained.

Submission Comment – Low Density Residential Headings

One submission recommends changing the proposed heading of ‘Low Density Development’ (replacing Detached Dwellings and Associated Development) to ‘Low Density Housing’ to encompass all development permissible within the R2 and R5 zones. This submission also states that the ‘definition’ of low density residential development has been deleted.

o Council’s Response – This comment is noted and headings have been reviewed

where appropriate. Some references to Low Density Residential development have been retained to ensure consistency with zoning terminology and permissibility. The Low Density Residential description has been reinstated.

Submission Comment – Car Parking requirements

One submission suggests detailing the requirements for car parking at 0.4.2(f) rather than referring to ‘sufficient’ parking only. Specific car parking requirements should be provided for each type of development permitted in the R2 zone.

o Council’s Response – The reference to ‘sufficient’ parking is in the Objectives

section. References to specific requirements are provided.

Submission Comment – Setbacks

One submission states that variations to setbacks ‘should be approved by Council and not by a Private Certifier or Council Officer’. On corner lots, front setbacks should apply to both streets. The side setback should replace the rear setback on corner lots.

o Council’s Response – The DCPs do allow for some variation of controls as part

of the assessment process. Some flexibility can facilitate better development




Page | 38

outcomes. Suggestions for setbacks on corner allotments are supported and have been included in the revised draft.

Submission Comments – Development in the R3 Medium Density Residential Zone

o Minimum Lot Width of 25 metres for Medium Density - One submission

requests that Council remove the 25 metre minimum lot width for medium density residential development.

o Council’s Response – The 25 metre minimum front boundary width was

introduced several years ago following an independent review of Council’s residential development controls which specifically recommended this standard. The intent of this control is to encourage site amalgamation to achieve an overall higher standard of medium density development than would otherwise occur. The Town Planning team is of the strong view that this control has served Council well and should be retained.

o 50% Landscaped Area requirement for medium density development - One

submission requests that Council review the 50% landscaped open space requirement for medium density development in the R3 Medium Density Residential zone because to maximise Floor Space Ratio (FSR) provisions requires two storey development. The market prefers single storey development. It is recommended that the landscaped open space provision be reduced to 40%.

o Council’s Response – Good quality medium density development is

essential to meeting Council’s housing choice objectives. Landscaping provides a valuable role in contributing to the amenity of residents as well as the streetscape and broader community. Adequate landscaped areas are also important for providing private and communal open space within the development as well as providing on-site stormwater retention areas to better assist in meeting NorBE requirements.

The FSR controls are maximum, not minimum standards and if the market does not want two storey development, then the option of single storey dwellings remains. The Town Planning team is of the strong view that this control has served Council well and should be retained.

o Specific Controls for dual occupancy within the R3 zone - One submission

requests that Council include specific controls to address ‘purpose built’ dual occupancy development in the R3 zone.

o Council’s Response – While Dual Occupancy development is permitted

with consent in the R3 zone, the intent of the zone is to encourage multi dwelling housing, and residential flat buildings where permitted in the DCP. If an applicant prefers to limit development to Dual Occupancy, there are specific controls in the low density sections of the DCPs. Clarification of the permissibility of Dual Occupancy and Secondary Dwellings within the R3 zone has been included in this section.




Page | 39

Submission Comment – Driveway Widths for Small Scale Residential Subdivisions

One submission argues that the current requirement of a 6 metre wide easement and a 4.5 metre wide carriageway is unreasonable for infill development and discouraging such development.

o Council’s Response – This is an engineering standard and beyond the scope of

this review. However the matter has been referred to the Council’s Development Engineer for future consideration.

Submission Comment – Ancillary Development

One submission stated that reference needs to be made to the Complying provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

o Council’s Response – This is not considered necessary as the only draft

amendment is to advise that, for ancillary development on a lot above 4000m2, a merit assessment will apply. The DCP is currently silent on these lots.

Submission Comment – Building Heights

One submission questioned Council limiting residential development to 2 storeys except in the case of residential flat buildings, and if 3 storey development is permitted in the R3 zone, why not in business zones as well.

o Council’s Response – Height limits in the Business zones are set under WLEP

2010 and provide a range which ensures that, where appropriate, the current scale of development is maintained and, where warranted, opportunities for higher density are available. In Bowral, for example, height limits range from 9 metres to 15 metres.

Medium density development is generally limited to 2 storeys to respect surrounding residential amenity and community expectations. Where there is sufficient merit, such as specific site features, DCP controls may be varied to achieve an improved development outcome. Potential overshadowing is considered during the assessment of a residential development application as required under BASIX.

Submission Comment – Structure and Content of the Medium Density provisions

One submission contains a detailed consideration of the Medium Density Housing section and questioned terminology and format and particularly why Residential Flat Buildings have been included.

o Council’s Response – The use of the term ‘medium density development’

stems from the Department of Planning and Environment’s use of the term Medium Density Residential to describe the R3 zone in which the forms of development considered in this section are permitted.

Council’s Planning and Development staff provided detailed input into the structure and terminology used in this DCP review and the draft amendments reflect that input. The intent of this review is to address major concerns




Page | 40

expressed by those planners. Additional suggestions offered in the submissions are appreciated and will be held over for consideration in a future more comprehensive review of the DCPs once the Department’s intention regarding form and content are known.

Submission Comments from Council’s Tree & Vegetation Assessment Officer

Certain proposed amendments have been provided to the Residential Controls and Landscaped Open Space controls to improve protection to existing vegetation and trees and consistency with relevant Australian standards. These proposed changes are included in Attachment 1.


There are no Fit for Future implications associated with this report.

CONSULTATION


Community engagement occurred at described above.


Internal consultation occurred as described above.


No external consultation occurred.


Environment

Development Control Plans require strong and clear provisions to ensure that all factors relevant to assessing development applications are considered. The review of the Residential Development sections will ensure that these provisions continue to reflect ‘best practice’.

Social

Social impacts are considered in assessing Development Applications. Reviewing the DCPs in response to community values and priorities ensures they remain relevant.



Culture

Development standards applicable to Items or Draft Items of Heritage or to Heritage or Draft Heritage Conservation Areas have been included in this review.




Page | 41

Governance

Draft amendments have been prepared and will be processed in accordance with the provisions of Part 3 of the Environmental Planning and Assessment Regulation 2000.

COUNCIL BUDGET IMPLICATIONS There are no budget implications. The draft amendments are being managed by Council Strategic Planning staff.


There are no other related Council policies associated with this report.

OPTIONS

The options available to Council are:

Option 1

Not proceed with the draft amendments

Option 2

Proceed with some of the draft amendments

Option 3

Proceed with the draft amendments as set out in Attachment 1 to this report

Option 3 is the recommended option to this report.

CONCLUSION The Development Control Plans (DCPs) are an important tool by which Council assesses and determines Development Applications. They establish development context, objectives and controls in order to provide clarity and equity for all property owners and development proponents regarding appropriate development outcomes. It is crucial that they remain consistent with community values and expectations as well as State legislation including SEPPs and s117 Directions. The intent of this review is to focus on those issues specifically identified by the Planning staff as requiring attention. A more comprehensive review at this stage would be premature as the Department of Planning and Environment intends releasing advice on the preferred format of DCPs. Once those details are available, a more comprehensive review can occur. Comments made in submissions which are relevant to that process will be considered further at that time. In the meantime, the proposed amendments serve the initial intent of the review and will assist the Planning staff to more efficiently and effectively assess and determine Development Applications.




Page | 42

ATTACHMENTS

1. Draft Residential DCP Amendments for Adoption - circulated under separate cover




Page | 43

13.4 Rezoning of 141 Yarrawa Road, Moss Vale 'Coomungie' and 32 Lovelle Street, Moss Vale 'Chelsea Gardens'

Reference: 5901/5 Report Author: Deputy General Manager Corporate, Strategy and

Development Services Authoriser: Deputy General Manager Corporate, Strategy and

Development Services Link to Community Strategic Plan: Provide a mixture of housing types that allow residents to

meet their housing needs at different stages of their lives and support affordable living

PURPOSE The purpose of this report is to formally advise Council that the NSW Department of Planning and Environment has proceeded to make the Plan to rezone 141 Yarrawa Road, Moss Vale ‘Coomungie’ and 32 Lovelle Street, Moss Vale ‘Chelsea Gardens’ from rural to residential.

RECOMMENDATION THAT Council note the making of Wingecarribee Local Environmental Plan (Amendment No 43) by the NSW Department of Planning and Environment for the rezoning of 141 Yarrawa Road, Moss Vale ‘Coomungie’ and 32 Lovelle Street, Moss Vale ‘Chelsea Gardens’ from rural to residential.

REPORT

BACKGROUND

The land known as Chelsea Gardens/Coomungie comprises two adjoining properties, Lot 12 DP 866036, 32 Lovelle Street, Moss Vale (Chelsea Gardens) and Lot 3 DP 706194, 141 Yarrawa Road Moss Vale (Coomungie). Together, these properties form the ‘subject site’ for the purposes of this report.

The subject site is located on the south eastern edge of the Moss Vale township as indicated in Figure 1 below and was zoned RU2 Rural Landscape under Wingecarribee Local Environmental Plan 2010 (WLEP 2010) with a minimum lot size of 40 hectares. The site was identified as an Urban Release Area under WLEP 2010.




Page | 44

Figure 1 – Location of Subject Site in relation to Moss Vale – this Figure has been reproduced as Attachment 1

A submission to rezone the land for residential and ancillary purposes was lodged with Council on 6 May 2013. The concept plan provided for areas of both low and medium density development yielding approximately 1500 dwellings and a small neighbourhood retail facility. Council resolved on 9 October 2013 to not support that submission and to seek to remove the subject site from the Urban Release Area map.

Prior to Council’s resolution of 9 October 2013, the proponent lodged a pre-gateway review request on 8 August 2013 with the (then) Department of Planning & Infrastructure (now the Department of Planning & Environment and referred to as ‘the Department’ in this report).




Page | 45

The matter was referred by the department to the Southern Joint Regional Planning Panel (JRPP) which recommended that the Proposal proceed, subject to certain additional information being provided by the proponent. The Department supported the JRPP’s recommendation.

Council advised the Department on 13 December 2013 that it would act as the relevant Planning Authority and prepared a Planning Proposal for the purposes of a Gateway Determination. That Determination was issued by the Department on 24 March 2014. The Gateway Determination did not include an authorisation for Council to exercise the Minister’s plan making powers in regard to this Planning Proposal.

The Planning Proposal and all associated documentation were placed on public exhibition for a period of 28 days, as required by the Gateway Determination, between 28 October and 25 November 2015. Some 3,300 notification letters were sent to property owners in the broad vicinity of the subject site and a public information session was held on 2 November 2015. Some 70 members of the public attended. A total of 90 submissions were received, 13 in support of the Proposal and 77 objecting to the Proposal.

At its Ordinary Meeting of 9 December 2015 Council resolved as follows:

1. THAT Council not proceed with the making of the Amendment to Wingecarribee Local Environmental Plan 2010 to rezone Lot 12 DP 866036, 32 Lovelle Street, Moss Vale (Chelsea Gardens) and Lot 3 DP 706194, 141 Yarrawa Road, Moss Vale (Coomungie) from RU2 Rural Landscape to R2 Low Density Residential and amend the minimum lot size for the land from 40ha to 450sqm.

2. THAT Council request the Minister for Planning to determine, under Section 58(4) of the Environmental Planning & Assessment Act 1979, that the Planning Proposal not proceed.

3. THAT the Proponents and Respondents be informed of Council’s decision.

As the result of a Motion Arising, Council also resolved:

THAT in view of the Department of Planning’s reduction of some 4,600 people in their 2031 population projections and the abundant residential zoned land identified by Council, a Planning Proposal be prepared requesting that the Minister for Planning remove the Chelsea Gardens and Coomungie properties as Urban Release Areas from WLEP2010.

On 14 January 2016 Council advised the Department of Planning and Environment of Council’s resolutions and provided the following reasons in support of those resolutions:

Council estimates that it has sufficient capacity in both infill and existing residential release areas to meet projected housing demand to beyond 2031.

Council does not consider that sufficient assessment has been undertaken of the suitability of the site as an urban release area.

Council does not consider that sufficient assessment has been undertaken of the infrastructure impacts of the proposed development, particularly with regard to water and sewer servicing and traffic implications.

Council was disappointed that the Joint Regional Planning Panel’s (JRPP) recommendation that further assessment be undertaken prior to the Planning Proposal being submitted for a Gateway Determination was not supported by the Department.

Council noted the strong community opposition to the Planning Proposal.




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On 10 May 2017, Council received a letter from the Secretary of the Department of Planning and Environment advising that she had appointed herself as the relevant Planning Authority to finalise the matter.

REPORT

On 27 October 2017, Council received advice from the Deputy Secretary Planning Services Department of Planning and Environment that he as the delegate of the Minister for Planning has made the Plan to rezone 141 Yarrawa Road, Moss Vale ‘Coomungie’ and 32 Lovelle Street, Moss Vale ‘Chelsea Gardens’ from rural to residential under Wingecarribee Local Environmental Plan 2010. The Plan was formally published on the NSW Legislation website on the afternoon of 27 October 2017.

A copy of the written Planning Instrument and associated zoning maps and lot size maps are provided as Attachments 1 and 2 respectively to this report.

In making his decision, the Deputy Secretary advised that he considered Council’s view that Coomungie-Chelsea Gardens was not required to meet housing demand in the region, as well as concerns with site specific issues such as access and infrastructure. Based on the Department’s 2016 projections, they indicate that significant housing will be required in Wingecarribee over the next 15 years. This supply they feel would not be achieved through in-fill development as indicated in Council’s Strategy. The Deputy Secretary formed the view that this land is an appropriate location for future housing to assist in meeting regional housing demand is not significantly constrained and has access to infrastructure.


The making of the Plan to rezone the subject properties will result in considerable demands on Council for the provision of additional water and sewer infrastructure, improvements to road and stormwater networks as well as community facilities such as parks, open space and halls and services such as libraries. The extent to which Council can negotiate with a future developer for the provision of such facilities and services has yet to be determined. At the very least it is anticipated that Council’s Developer Contributions Plans or a Voluntary Planning Agreement will be relied on to fund infrastructure to which the development will generate an increase in usage such as roads, stormwater, water, sewer, open space, community facilities and so on.

It should also be noted this development will impact on the operation of the Illawarra Highway which includes Argyle Street through the Moss Vale Central Business District which already has capacity constraints are certain times of the day. The Illawarra Highway is the responsibility of the Roads and Maritime Services (RMS).


Environment

The rezoning of the land will result in the need to address a number of environmental issues. This will consequently be dealt with in the Master Planning and development application phase for the development of the site. Part 6.2 of Wingecarribee LEP 2010 identifies that a Development Control Plan (DCP) must be prepared for sites such as this site before it can be developed. Part 6.2 of the Wingecarribee LEP 2010 requires that such DCP needs to address a raft of matters including staging and sequencing, an overall transport movement hierarchy, provision of infrastructure and amelioration of natural and environmental hazards including flooding.




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Social

The rezoning of the land creates a larger supply of residential zoned land within the Shire to accommodate more housing for population growth. The challenge will be to ensure that such growth does not reduce the current levels of social satisfaction in the community particularly in terms of health care, education and public transport. In this regard those responsible state government departments will need to respond to any increased demands in such services.


The rezoning of the land will generate a significant increase in the level of development activity in the Shire in the form of construction associated with dwelling houses. This may also lead to increased interest in the Shire for new industry and businesses to locate in the Shire due to the increased population including working population.

Culture


Governance



At this point in time it remains too early to identify any impacts the rezoning will have on Council’s long term budget. Once the potential size of the development is known and the generation of developer contributions is determined, any impacts if any on Council’s Long Term Financial Plan will be identified and reported to Council.


There are no policy implications.

OPTIONS

There is only one option available to Council which is that the rezoning be noted.

CONCLUSION

The making of the Plan to rezone 141 Yarrawa Road, Moss Vale ‘Coomungie’ and 32 Lovelle Street, Moss Vale ‘Chelsea Gardens’ from rural to residential was a decision that was taken out of Council’s hands by the Department of Planning and Environment in May 2017. As a result of the making of the Plan to rezone the properties for residential use, it is anticipated that a development proposal will come forward to Council sometime in the future in line with the development potential that is permitted for in the zoning maps and lot size maps.




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ATTACHMENTS

1. Wingecarribee LEP 2010 Amendment 43 Planning Instrument

2. Wingecarribee LEP 2010 Amendment 43 Planning Instrument Maps

AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 November 2017


ATTACHMENT 1 Wingecarribee LEP 2010 Amendment 43 Planning Instrument

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ATTACHMENT 1



ATTACHMENT 1 Wingecarribee LEP 2010 Amendment 43 Planning Instrument

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13.4 Rezoning of 141 Yarrawa Road, Moss Vale 'Coomungie' and 32 Lovelle Street, Moss Vale 'Chelsea Gardens' ATTACHMENT 2 Wingecarribee LEP 2010 Amendment 43 Planning Instrument Maps

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ATTACHMENT 2



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13.5 Review of Local Orders Policy

Reference: 201/5.1 Report Author: Environmental Policy Officer Authoriser: Environment and Health Systems Coordinator Link to Community Strategic Plan: Conserve the key natural resources of the Shire and

minimise the impact from development

PURPOSE

The Local Orders Policy (Order 21) at Attachment 1 has undergone a scheduled review. This report seeks approval for it to be placed on public exhibition in line with the Local Government Act 1993 prior to adoption by Council.

RECOMMENDATION THAT Council endorses the public exhibition of the Local Orders Policy (Order 21) for 28 days.

REPORT

BACKGROUND

Council’s Local Orders Policy (Order 21) is established under the framework of the Local Government Act, 1993. This policy has undergone a scheduled review and requires re-adoption.

The Policy concerns land or premises not in a safe or healthy condition under the Local Government Act 1993. An Order Number 21 can be issued to require an owner or occupier of land, to do, or refrain from doing, certain things to ensure the land or premises are placed or kept in a safe or healthy condition.

The Policy outlines the criteria that Council will consider when determining whether to issue an order. The Policy also ensures consistency and fairness in the way Council issues orders for particular compliance matters in the community.

REPORT

A review of the Local Orders Policy (Order 21) has been undertaken. The review identified minor changes to update terminology and references to current legislation. No substantive changes are required.

The next step is to place the Policy on public exhibition period of 28 days in line with the requirements of the Local Government Act 1993.




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The policy does not have an impact on the Fit for the Future Improvement Plan.

CONSULTATION


The Policy will be put on public exhibition for four weeks as required by the Local Government Act 1993.


The Policy has been developed in consultation with staff from Planning, Development and Regulatory Services and Environment and Sustainability.


No external consultation has been undertaken.


Environment

Re-adoption of the Policy meets Council’s responsibilities under the Local Government Act 1993 and supports a consistent approach to compliance decision making.

Social

There are no social issues in relation to this report.



Culture


Governance



There are no additional budget implications of the Policy.


Compliance and Enforcement Policy

Asbestos Policy




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OPTIONS

The options available to Council are:

Option 1

THAT Council endorses the public exhibition of the Local Orders Policy (Order 21) for 28 days.

Option 2

THAT Council makes further amendments to the Local Orders Policy (Order 21) prior to public exhibition.

Option 1 is the recommended option to this report.

CONCLUSION

In order to meet the requirements of the Local Government Act 1993 a review of the Local Orders Policy (Order 21) was undertaken. Minor administrative changes have been made to update terminology in the existing Policy. It is recommended that the Policy be placed on public exhibition for 28 days.

ATTACHMENTS

1. Local Orders Policy (Order 21) Mark Pepping Deputy General Manager Corporate, Strategy and Development Services Friday 3 November 2017


13.5 Review of Local Orders Policy ATTACHMENT 1 Local Orders Policy (Order 21)

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ATTACHMENT 1



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PETITIONS

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COUNCIL MATTERS

16 PETITIONS

16.1 Petition 06/2017 - Improved Bundanoon Skate Park

Reference: 100/8, 6429/4 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability

and ethical governance that guides well informed decisions to advance agreed community priorities

PURPOSE The purpose of this report is to table a petition in relation to an Improved Bundanoon Skate Park. The petition has been signed by approximately 1,145 signatories. A copy of the Petition has been placed in the Councillors’ Room and will be tabled at the Ordinary Meeting of Council.

RECOMMENDATION THAT Petition 06/2017 – Improved Bundanoon Skate Park – be received and the content of this report be noted.

REPORT A Petition has been received by Council stating the following: “The youth of Bundanoon spend many hours utilising the skate park which is now in desperate need of repair and expansion. These youth require this facility to be upgraded and maintained so they can exercise and socialise in a safe environment.”

ATTACHMENTS




COMMITTEE REPORTS

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18 COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports

Reference: 107/1 Report Author: Committee Coordinator Authoriser: Manager Assets Link to Community Strategic Plan: Encourage all members of the community, especially older

residents, to share their knowledge and experience with younger members

PURPOSE This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information: 1. Robertson Community Centre Management Committee held on Monday, 14 August

2017. 2. Robertson Community Centre Management Committee Annual General Meeting held

on Monday, 14 August 2017. 3. Exeter Hall Management Committee held on Monday, 9 October 2017.

RECOMMENDATION THAT the information contained in the following Committee Reports be noted: 1. Robertson Community Centre Management Committee held on Monday,

14 August 2017. 2. Robertson Community Centre Management Committee Annual General Meeting

held on Monday, 14 August 2017. 3. Exeter Hall Management Committee held on Monday, 9 October 2017.

ATTACHMENTS




COMMITTEE REPORTS

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18.2 Minutes of the Audit, Risk and Improvement Advisory Committee Meeting held on Tuesday, 10 October 2017

Reference: 2102/3 Report Author: Internal Audit and Legal Support Officer Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE This report provides the Minutes of the Audit, Risk and Improvement Advisory Committee Meeting held on Tuesday, 10 October 2017.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 1 Welcome and Apologies AR 23/17 THAT the apology of Clr T D Gair be accepted. Item 3 Adoption of Minutes of the Previous Meeting AR 24/17 THAT the minutes of the Audit, Risk and Improvement Advisory Committee Meeting held on Friday 23 June 2017 MN AR 13/17 to MN AR 22/17 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting. Item 7.1 External Audit - Review of the Financial Statements and Audit Reports for the

year ending 30 June 2017 The Committee considered the financial statements and external audit reports issued by Council’s external auditors, the NSW Audit Office, for the year ending 30 June 2017. AR 25/17 THAT the information in relation to the External Audit - Review of the Financial Statements and Audit Reports for the year ending 30 June 2017 be noted. Item 7.2 External Audit – Interim Audit 2016.17 The Committee was provided with the Management Letter issued by Council’s external auditors, the NSW Audit Office, for the first interim audit for the 2016/17 Financial Year. The Committee was informed that the recommendations contained within the Management Letter have been included in Council’s audit improvement plan, and that the progress on



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implementing these recommendations will be reported on to future meetings of the Audit, Risk and Improvement Advisory Committee. AR 26/17 THAT the Committee notes the contents of the Management Letter for the first interim audit for the 2016/17 Financial Year and the comments provided by Management. Item 7.3 External Audit - Management Letter Recommendations Update The Committee was provided with an update on the status of issues which were raised in prior Management Letters by Council’s external auditors, and which are included in Council’s audit improvement plan. AR 27/17 THAT the Committee note the update provided on the outstanding issues and recommendations made by Council’s External Auditors. Item 8.1 Committee Actions Update The Committee was apprised of the progress of action items previously requested by the Committee. One action item was reported on at the meeting, and the other action item is a standing item for the next meeting of the Committee. AR 28/17 THAT the report in relation to Committee Actions Update be noted. Item 9.1 Corporate Risk Program Update The Committee was advised that the Business Continuity Plan (BCP) has been finalised, and that the Corporate Risk Group will establish a sub-group to develop an Action Plan to implement the BCP. The Committee was given an update on each identified project from the Risk Management Action Plan for 2016/17, and informed that Council received the full risk management incentive bonus available from StateWide Mutual (Council’s insurer). The report also updated the Committee on the items discussed at the meeting of the Corporate Risk Group on 2 August 2017. AR 29/17 THAT the report in relation to Corporate Risk Program Update be noted. Item 10.1 Internal Audit Report - Waste Collection Contract This report detailed the findings of an internal audit of the key processes and controls relating to Council’s management of the Waste Collection Services and Waste Haulage Services Contract. The internal audit found that Council has in place systems and processes for administering the waste collection services and waste haulage services contract. It identified 11 findings with 14 recommendations for improvement. Each of these recommendations was accepted by Council and work has commenced on implementing them. AR 30/17 THAT the report in relation to Internal Audit Report - Waste Collection Contract be noted.



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Item 10.2 Outstanding Audit Recommendations Progress Report The Committee was provided with an overview of progress on the implementation of outstanding recommendations from previous internal audits. A total of 11 recommendations remain open, while 21 recommendations have been closed since the previous Committee meeting on 23 June 2017. AR 31/17 THAT the Outstanding Audit Recommendations Progress Report be noted. Item 10.3 Internal Audit Performance Report The Committee was provided with a performance report of:

The performance of Internal Audit for the financial year as measured against agreed key performance indicators.

The approved Internal Audit Plan of work for the previous financial year showing the current status of each audit.

The Committee was advised that its contract internal auditor (InConsult) has successfully met all key performance indicators during the 2016/17 financial year, while the current status of outstanding internal audit recommendations is a standing agenda item for the Committee. AR 32/17 THAT the report in relation to Internal Audit Performance be noted AND THAT InConsult be thanked for its professional delivery of contract internal audit services to Council during the 2016/17 financial year. Item 10.4 Internal Audit Services Tender Council staff provided a verbal update on the outcomes of Council’s Request for Tender for Internal Audit Services, and advised the Committee that InConsult has been appointed as Council’s contract Internal Auditors for a three-year period AR 33/17 THAT the Internal Audit Services Tender report be noted.

RECOMMENDATION THAT recommendations Nos 23/17 to 33/17 – as detailed in the Minutes of the Audit, Risk and Improvement Advisory Committee Meeting held on Tuesday, 10 October 2017 be adopted.

ATTACHMENTS

1. Minutes of the Audit, Risk and Improvement Advisory Committee Meeting held on Tuesday, 10 October 2017



ATTACHMENT 1 Minutes of the Audit, Risk and Improvement Advisory Committee Meeting held on Tuesday, 10 October 2017

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ATTACHMENT 1




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NOTICES OF MOTION

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20 NOTICES OF MOTION

20.1 Notice of Rescission of Motion 05/2017 - Delegations of Authority - General Manager

Reference: 100/5, 800/10 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillors Peter Nelson, Graham McLaughlin, Graham Andrews and Duncan Gair have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 November 2017 that the following resolution from the Ordinary Meeting of Council held on 27 September 2017 be rescinded:

MN 43917

MOTION moved by Mayor K J Halstead and seconded by Deputy Mayor I M Scandrett THAT pursuant to s.377 of the Local Government Act 1993, Council delegates the authority to the General Manager to undertake the functions of Council, via the powers, authorities and duties contained in applicable legislation and specifically those set out in Schedule 1, subject to the limitations set out in Schedule 2 of the Instrument of Delegation detailed in Attachment 1, with the exception of Item 3 in Attachment 1 to the report.

RECOMMENDATION

Submitted for determination.

Should the above motion of rescission be carried, we hereby give notice of our intention to move the following motion: THAT pursuant to s.377 of the Local Government Act 1993, Council delegates the authority to the General Manager to undertake the functions of Council, via the powers, authorities and duties contained in applicable legislation and specifically those set out in Schedule 1, subject to the limitations set out in Schedule 2 of the Instrument of Delegation detailed in Attachment 1 to this Motion.



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ATTACHMENT 1

INSTRUMENT OF DELEGATIONS TO GENERAL MANAGER

WINGECARRIBEE SHIRE COUNCIL

Schedule 1 – Functions Delegated to the General Manager

1. The functions of the Council under the Local Government Act 1993 or any other Act, except for the functions set out in Schedule 2.

2. Any decisions to grant financial assistance in relation to specified programs that meet the criteria of s.377(1A) of the Local Government Act 1993, and which Council delegates by resolution to the General Manager from time to time.

3. Acceptance of tenders, in accordance with Cl.178 of the Local Government (General) Regulation 2005, where the tenders do not exceed the adopted budget estimate.

4. The functions of the Council under s.59 of the Environmental Planning and Assessment Act 1979 for the making of Local Environmental Plans.

5. Such functions delegated to Council by the Chief Executive of the Department of Planning and Environment as the Council delegates by resolution to the General Manager from time to time.

Schedule 2 – Functions Not Delegated to the General Manager

(a) the appointment of a general manager,

(b) the making of a rate,

(c) a determination under section 549 of the Local Government Act as to the levying of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on Council’s works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (except for the sale of items of plant or equipment),

(i) the acceptance of tenders to provide services currently provided by members of staff of the council,

(j) the adoption of an operational plan under section 405 of the Local Government Act,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6 of the Local Government Act,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than [the amount or rate fixed by the council for the carrying out of any such work], or such other amount or rate as the Council determines by resolution from time to time,



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(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under s. 82A of the Environmental Planning and Assessment Act 1979,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under s. 194 of the Local Government Act,

(q) a decision under s.356 of the Local Government Act to contribute money or otherwise grant financial assistance to persons, except for the matter set out in item 2 of Schedule 1 of this Schedule of Delegations,

(r) a decision under s.234 of the Local Government Act to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council, including any power of delegation that must be exercised by resolution of the council.

Interpretation

In this Schedule of Delegations, function has the same meaning as it has in the Local Government Act 1993, and includes a power, authority and duty.



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20.2 Notice of Rescission of Motion 06/2017 - Council Nominations for the Southern Joint Regional Planning Panel

Reference: 100/5, 5606, 5300 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillors Grahame Andrews, Garry Turland and Peter Nelson have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 November 2017:

MN 4291/17

MOTION moved by Clr G M Turland and seconded by Clr G J Andrews THAT consideration of the report in relation to Council Nominations for the Southern Joint Regional Planning Panel be deferred until a full complement of Councillors is present.

RECOMMENDATION


Should the above motion of rescission be carried, we hereby give notice of our intention to move the following motion: THAT consideration of the report in relation to Council Nominations for the Southern Joint Regional Planning Panel be considered by Council at its Meeting to be held on Wednesday, 22 November 2017.



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20.3 Notice of Motion 34/2017 - Video and Audio Streaming of Council Meetings

Reference: 100/4 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillors Gordon Markwart and Ian Scandrett have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 November 2017: 1. THAT Council seek applications from local media organisations to video and

audio stream the public component of scheduled Council Meetings from the media gallery commencing from 1 December 2017.

2. THAT Council grant approvals to such local media organisations but retain the

right to deny or cancel said approval without notice and without specifying any reason for that decision.

3. THAT the period from 1 December 2017 to 31 March 2018 be considered a trial

period (pilot period) of video and audio streaming. 4. THAT during March 2018 Council assess community feedback and any other

considerations Council sees fit to do AND THAT Council consider permitting ongoing video and audio streaming of future public Council Meetings subject to terms and conditions that Council may determine from time to time.

5. THAT during April 2018 Council present a report to full Council upon the

ongoing video and audio streaming of public Council Meetings with the aim of recommending the most appropriate and cost effective means of doing so.

RECOMMENDATION


Preamble Council has recently permitted two Council managed Meetings to be video and audio streamed by local media websites. One was related to coal mining in the Shire and the other related to pollution of the Wingecarribee River.



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Both exercises were very much appreciated by the public as shown by the comments on the media Facebook pages. One video was watched over 1,000 times and had comments strongly supportive of the Council decision to allow video streaming. Some Councillors have been contacted by members of the public who would like to attend Council Meetings but either are working during those hours or would have to travel for long distances to attend – and being possibly interested in only one agenda item, would have to attend most of the Meeting to ensure they don’t miss their particular agenda item of interest. It is also worth noting that more and more councils are moving in this direction. The administrator of at least two councils which underwent amalgamation recently implemented video streaming to provide increased accountability and transparency of council meetings which had been previously lacking. There have been recent comments and letters to the editor of local media requesting video and audio streaming of the public component of Council Meetings. One spurious argument opposing real time video streaming is that it could increase the liability of Council if Councillors defame each other. The solution to that is obvious - Councillors shouldn’t defame or slander each other! To my knowledge, based on Google searches, no councillor or council has been sued because of defamatory remarks recorded on approved video/audio recordings. This is a proactive means of assessing the community’s views while providing additional transparency and accountability at minimal cost. After the trial Council will be able to make an informed decision.

COMMENT FROM STAFF Clause 273 of the Local Government (General) Regulation 2005 provides that a person may use a video and/or audio recording device to record the meeting of a council only with the council’s permission. Council can decide to record its meetings to ensure the accuracy of its minutes or for some other council function. Council currently makes an audio recording of those parts of its meetings which are open to the public, and a copy of these recordings is made available on request following payment of a specified fee. In considering whether to implement live video and audio streaming of Council meetings, Council will need to consider section 8 of the Privacy and Personal Information Protection Act 1998 (PPIPA). This section states that personal information must not be collected unless it is reasonably necessary for a lawful purpose directly related to council’s function. Further, Council will need to have regard to section 18 of PPIPA, which requires:

that personal information must not be disclosed unless it is directly related to the reason why the information was collected; and

council has no reason to believe that the person concerned would object; or

the person concerned is likely to have been aware or has been made aware (in line with section 10 of PPIPA) that information of that kind is usually disclosed.



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Section 10 of PPIPA also requires a council, where reasonable, to make a person aware of certain matters before their information is collected or as soon as practical after collection. There are a number of councils that live stream council meetings, including Northern Beaches Council, Wollongong City Council, North Sydney Council, Kiama Municipal Council, Shellharbour City Council and Wollondilly Shire Council. To address the requirements of PPIPA and the possibility that defamatory statements may be made at a meeting, governance controls applied by at least some of these councils include:

A disclaimer read aloud at the commencement of a meeting, including an indemnity statement advising that Council accepts no liability for any defamatory remarks.

Signage prominently displayed at the entrance to and within Council Chambers.

Information about the live streaming on Council’s website, meeting agenda and relevant forms.

Notification to members of the public who request to speak at a meeting, to advise them that the meeting will be live streamed.

Allowing members of the public who speak at a meeting to do so such that only the audio is captured.

The preamble to the Notice of Motion suggests that a local media organisation be used for this purpose. The method other councils have generally used has been to establish their own information technology infrastructure for live streaming council meetings through the council website, with meeting recordings subsequently archived on the website for future viewing. This approach would require funding by Council, and there is currently no funding available for a trial or for any future permanent arrangement. If Council decides to proceed with a trial of live streaming of Council meetings by a media organisation, Council’s Code of Meeting Practice would first need to be amended to allow for this. This is because Council’s Code of Meeting Practice states at clause 10.3.1A that:

Council hereby provides authority to members of the Media only to undertake sound recording of Ordinary and Extraordinary Meetings of Council open to the public (in full or in part) for the purpose only of verifying the accuracy of any report concerning such meeting. Broadcasting of any sound recording is not permitted. Video recording is also not permitted.

Section 361 of the Local Government Act 1993 (the Act) provides that before a Code of Meeting Practice can be amended, it must be placed on public exhibition for a period of at least 28 days, after which a period of at least 42 days must be allowed for members of the public to make a submission to Council. Section 362 of the Act states that Council, after considering all submissions received by it concerning the draft code, may decide to then adopt the draft code as its code of meeting practice. Taking into consideration these timeframes, it is expected that the earliest an amended Code of Meeting Practice could be adopted by Council would be sometime around March 2018.

Relevant to this issue is that the 2016 amendments to the Act provide for a model code of meeting practice (model meeting code) to be prescribed by regulation. The NSW Office of Local Government (OLG) advised councils in its circular No 16-46 (dated 28 November 2016) that work on developing the model meeting code has commenced. The code will



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contain both mandatory and non-mandatory provisions. Once the model meeting code is finalised, and prescribed by regulation, councils will be required to adopt a code of meeting practice that incorporates its mandatory provisions. Councils’ adopted codes of meeting practice may also incorporate the non-mandatory provisions of the model meeting code and any other provisions. In October 2017 the Corporate Strategy and Governance team sought an update on this from the OLG, and was advised that the OLG is planning to release a consultation draft of the model meeting code within the next three months. The OLG has further advised that this model meeting code will include provisions addressing the webcasting of council meetings. Although the OLG has yet to provide a clear timeframe for finalising the model meeting code following its prospective consultation with councils, it is anticipated that this will likely occur anytime from mid-2018. Once the model meeting code is prescribed by regulation, it is presumed that Council will still be required to follow the public exhibition process required by section 361 of the Act before its Code of Meeting Practice can be amended.



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20.4 Notice of Motion 35/2017 - Green Waste Transfer Station to Service the Northern Villages

Reference: 100/4 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillor Duncan Gair has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 8 November 2017: 1. THAT Council investigate the costing and possibility of having a Green Waste

Transfer Station to service the Northern Villages. 2. THAT a preliminary investigation of suitable site/s be undertaken. 3. THAT subject to the above the matter be considered in the 2018/19 Budget

deliberations.

RECOMMENDATION




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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.



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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 Tender for the East Bowral Community Centre Carpark Civil Works

Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(i) as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description The purpose of this report is to present the evaluation of the Request for Tender for the East Bowral Community Centre Carpark Civil Works.

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

Council’s resolution) be made public.

Ann Prendergast General Manager Friday 3 November 2017

agenda of ordinary meeting of council - 8 november 2017 · 2017-11-03 · civic centre, elizabeth...

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