agenda of ordinary meeting of council - 14 november 2018 · 11/14/2018 · 3.32pm opening prayer -...

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: 100/2018

9 November 2018

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 14 November 2018 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, 14 November 2018 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 G Markwart

3.32pm Opening Prayer - Reverend Matthew Brooks-Lloyd, Mittagong Anglican Church

3.35pm Apologies – Clr P W Nelson

Adoption of Previous Minutes Wednesday, 24 October 2018

Business Arising (if any)

Declarations of Interest (if any)

Mayoral Minute –

Item 8.1 2018 Local Government NSW Conference Debrief

Public Forum (if any)

Motion to move into Committee of the Whole - Clr G Markwart

Visitor Item –

Item 10.1 DA 18/0565 Concept Development Application (Master Plan) for Tourist Facilities and Associated Development at 3020 Old Hume Highway and 214 Greenhills Road Berrima

Item 10.2 DA 18/0743 - Increase in Capacity of Premises, Number of Events and Car Parking Provision at "Bendooley Estate" 3020 Old Hume Highway, Berrima being part of Lot 3 DP 584423

Item 10.3 15/088.02 Section 4.55 Modification to Extend Period of Consent for Events from 3 to 6 Calendar Years, 581 Greenhills Road, Berrima

Item 10.4 Mittagong Development Control Plan - Site Specific Provisions for Affordable Housing Proposal

Council Reports

Runing

ORDINARY MEETING OF COUNCIL

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

on Wednesday, 14 November 2018 at 3.30 pm.

RUNNING SHEET

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


AGENDA FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 14 November 2018

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Business

1. OPENING OF THE MEETING

2. ACKNOWLEDGEMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Clr P W Nelson

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 24 October 2018

6. BUSINESS ARISING FROM THE MINUTES

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

8. MAYORAL MINUTES

8.1 2018 Local Government NSW Conference Debrief ............................... 2

9. PUBLIC FORUM

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS

OPERATIONS, FINANCE AND RISK

Nil

CORPORATE, STRATEGY AND DEVELOPMENT SERVICES

10.1 DA 18/0565 Concept Development Application (Master Plan) for Tourist Facilities and Associated Development at 3020 Old Hume Highway and 214 Greenhills Road Berrima ............................................5

10.2 DA 18/0743 - Increase in Capacity of Premises, Number of Events and Car Parking Provision at "Bendooley Estate" 3020 Old Hume Highway, Berrima being part of Lot 3 DP 584423 ................................27

10.3 15/088.02 Section 4.55 Modification to Extend Period of Consent for Events from 3 to 6 Calendar Years, 581 Greenhills Road, Berrima .......36

10.4 Mittagong Development Control Plan - Site Specific Provisions for Affordable Housing Proposal ............................................................... 44

11. EN BLOC MOTION

12. OPERATIONS FINANCE AND RISK

12.1 Contract: Supply and Delivery of Premixed Concrete............................51

12.2 Tender for the Tree Supply and Storage - Station Street ..................... 54



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13. CORPORATE STRATEGY AND DEVELOPMENT SERVICES

13.1 Development Applications Determined from 4 October 2018 to 5 November 2018 ....................................................................................59

13.2 Development Applications Received from 4 October 2018 to 5 November 2018 ....................................................................................70

13.3 DA 18/0296 - Covered Equestrian Arena and Stables Building - 60 Ringwood Lane, Exeter .........................................................................81

13.4 DA 19/0531 - Dwelling House - 5 Allen Avenue, Renwick .....................89

13.5 DA 18/0744 - Proposed Alterations and Additions to the Wingecrribee Shire Council Administration Building, 68 Elizabeth Street, Moss Vale ................................................................................98

13.6 Section 4.55 Application to Modify Development Consent DA09/1157 - Proposed Alterations and Additions to Existing Dwelling - "Mount Broughton", 144 Mt Broughton Road, Werai ....................................... 121

13.7 Review of Resolution to Amend the Minimum Lot Size of 15 Gibraltar Road, Mittagong ................................................................................. 132

13.8 Post Exhibition Report on Rezoning of 22 Parkes Road Moss Vale .... 156

13.9 Adoption of the 'Notification of Development Proposals Policy' - Post Exhibition ........................................................................................... 162

13.10 Consultation on the Draft Neighbourhood Noise Policy .......................179

Mayor to resume chair at 5.30 pm

COUNCIL MATTERS

14. GENERAL MANAGER

Nil

15. DELEGATE REPORTS

16. PETITIONS

Nil

17. CORRESPONDENCE FOR ATTENTION

Nil

18. COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports ..................................193

19. QUESTIONS WITH NOTICE

Nil

20. NOTICES OF MOTION

21. GENERAL BUSINESS

Nil



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22. CLOSED COUNCIL

Moving into Closed Session ......................................................................... 194

22.1 Contract: Supply and Delivery of Premixed Concrete 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.

22.2 Tender for Tree Supply and Storage - Station Street 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 Duncan Gair

General ManagerAnn Prendergast

Minute TakerMichelle Richardson



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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

Request for Leave of Absence – Councillor Peter Nelson

Councillor Peter Nelson intends to be absent from all Council commitments on Wednesday, 14 November 2018, including the Ordinary Meeting of Council and Briefing Sessions that day, for personal reasons.

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.

Council’s consideration of the request for leave of absence is sought.

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.



MAYORAL MINUTES

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8 MAYORAL MINUTES

8.1 2018 Local Government NSW Conference Debrief

Reference: 203/3 204/2018 Report Author: Mayor T D Gair Authoriser: Link to Community Strategic Plan:

PURPOSE The purpose of this report is to provide an update on the Local Government NSW Annual Conference held in Albury NSW from 21-23 October 2018.

RECOMMENDATION THAT the report on the Local Government NSW Annual Conference held in Albury NSW from 21-23 October 2018 be received and noted.

REPORT

BACKGROUND

At the Ordinary meeting of Council held on 27 June 2018, Council resolved;

1. THAT Council confirms four (4) delegates will be authorised to attend the Local Government NSW Annual Conference to be held at the Entertainment Centre, Albury, 21 - 23 October 2018

2. THAT the following delegates are nominated to attend the 2018 Local Government NSW Annual Conference: a. Mayor of the Day b. Clr P W Nelson c. Clr I M Scandrett d. Clr G J Andrews

3. THAT the General Manager, or their delegate, be authorised to attend the Local Government NSW Annual Conference as an observer.

4. THAT Councillors forward their proposed motions, with accompanying notes to the Mayor for consideration prior to Monday, 30 July 2018.

5. THAT a report regarding the proposed motions be presented for consideration to the Ordinary Council Meeting of 8 August, 2018 AND THAT the Mayor submit any proposed motions to the conference organisers by Friday, 24 August 2018.



MAYORAL MINUTES

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REPORT

Councillors Peter Nelson, Grahame Andrews and I attended the Conference on behalf of Wingecarribee Shire Council; General Manager Ann Prendergast also attended as an observer.

Wingecarribee Shire Council was allocated three voting positions and each Councillor attended the Conference sessions to vote for or against more than 100 motions put before the delegates, taking into consideration whether the outcome would be of benefit to the Wingecarribee Shire.

The following motions submitted by Wingecarribee Shire were debated at the conference. Motions a) and b) formed part of joint motions submitted by both Blue Mountains and Penrith City Councils, with the remaining two items debated as standalone motions. These were fully supported by the majority of delegates present. Local Government NSW will now lobby the appropriate State and Federal Representatives on behalf of Local Councils to seek a positive outcome to the recommendations.

a) THAT Local Government NSW works with the NSW Public Libraries Association

(NSWPLA) to develop a strategic partnership to:

i. Increase public awareness of the multiple roles that Local Government Public Libraries play in supporting the education, social, cultural and economic outcomes in local communities.

ii. Advocate, in the lead up to the March 2019 State election, for improved State Government funding for Local Government Public Libraries in NSW to enable public libraries to meet the growing needs of our local communities

b) THAT the NSW Department of Planning and Environment amend the Standard Instrument Principal Local Environmental Plan to remove Boarding Houses as mandatorily permissible with consent in the R2 Low Density Residential Zone

c) THAT the NSW Department of Planning and Environment undertake action that will enable new dwelling houses and alterations and additions to dwelling houses to be considered in a single application process instead of the current development application, construction certificate and associated approvals that are required in order to achieve approval for developments that are not eligible to be considered as complying developments.

d) THAT the NSW State Government address the inadequate base level of funding of $30,000 provided to councils to comply with the Crown Land Management Act’s requirement to prepare plans of management for all Crown land that they manage; and allow for a transition period greater than three years to have adopted plans in place for all Crown reserves managed as community land.

The Premier of New South Wales, The Hon Gladys Berejiklian MP and Clr Linda Scott, President, LGNSW addressed the conference at the commencement of the day 1 Business Sessions.

The Hon Gabrielle Upton MP, Minister for Local Government, The Hon Peter Primrose MLC, Shadow Minister for Local Government and via video link, Mr Stephen Jones MP Federal Shadow Minister for Local Government all presented keynote addresses at the conference.

During question time with the Minister for Local Government, I was able to the express concerns of Wingecarribee Shire regarding the minimal funding provided by the State Government to assist with the implementation of amendments to the Crown Lands



MAYORAL MINUTES

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Management Act. Minister Upton advised that she would be taking these concerns to the Hon. Paul Toole, Minister for Lands and Forestry.

The 2019 LG NSW Conference will be held in Liverpool, with dates yet to be confirmed.

Duncan Gair Mayor

ATTACHMENTS

There are no attachments to this report.



REPORT DEPUTY GENERAL MANAGER CORPORATE, STRATEGY AND DEVELOPMENT SERVICES

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COMMITTEE OF THE WHOLE

10 VISITOR MATTERS

CORPORATE STRATEGY AND DEVELOPMENT SERVICES

10.1 DA 18/0565 Concept Development Application (Master Plan) for Tourist Facilities and Associated Development at 3020 Old Hume Highway and 214 Greenhills Road Berrima

Reference: 18/0565 Report Author: Development Assessment Planner Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Community Strategic Plan: Conserve the key natural resources of the Shire and

minimise the impact from development

PURPOSE

The purpose of this report is to consider Concept Plan Development DA 18/0565 which seeks approval at Lots 2 and 3 DP 584423, 3020 Old Hume Highway and 214 Greenhills Road, Berrima for a Concept Master Plan for Tourist Facilities and Associated Accommodation.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.

RECOMMENDATION

THAT Development Application 18/0565 for a Concept Master Plan for Tourist Facilities and Associated Development at Lots 2 and 3 DP 584423, No 3020 Old Hume Highway and No 214 Greenhills Road, Berrima be APPROVED subject to conditions as described in Attachment 1 to the report.

REPORT

BACKGROUND The development history of the site over the past two decades can be summarised in terms of the following consents be granted by Wingecarribee Shire Council, namely:




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Development Application 00/1652 -

Cafe


Addition to commercial building


Addition to existing building


Storage


Winery refreshment room and cellar door building and addition to the Book Barn for the café/resturant use – approved 19 July 2011; five (5) modifications to the consent being 18 November 2011, 22 December 2011, 4 June 2012, 11 July 2014 and 20 May 2015


Winery refreshment room and cellar door


Storage facility

Development Application 15/0311 - Conference facility and hotel accomodation

Development Application 16/0391 - Construction of stables, horse arena and cattle yards

Development Application 17/0671 - Guest accomodation (4 cabins and 1 cottage)

Development Application 17/0204 - Alterations and additions to The Stables building and change of use to occasional function centre approved 28 June 2017 and 30 January 2018

Development Application 17/1024 - Farm storage shed (Lot 2 DP 584423)

The purpose of the preparation and lodgement of the current Concept Development Application is to satisfy Condition 2 in the approval of the modification to DA 17/1204 approved by Council on 13 December 2017 namely: "2 That any future development application (or modification of an existing application) be accompanied by a concept master plan based on clause 6.2 of Wingecarribee Local Environmental Plan 2010 and that such master plan be considered in the assessment of any future application or modification application over the subject land and the adjoining SP3 zoned land known as 3020 Old Hume Highway, Berrima and 214 Old Hume Highway, Berrima."

Surrender of Consent DA15/0311

The Applicant states in the SEE that the subject Concept DA has been predicated on the surrender of the current operational consent for DA 15/0311 approved by Council on 17 September 2015 for conference/function centre and tourist accommodation facilities adjacent and to the south of the Rare Book Building and homestead.




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The approved conference/function centre was unrestricted in terms of the number of events at the facility. The Applicant proposes that, subject to the approval of the Concept Development Application, the consent to DA 15/0311 would be surrendered as part of the Stage 2 consent that will embody construction of the conference centre and tourist accommodation facilities. As part of the agreement to surrender the consent for DA 15/0311 it is proposed that the development charges and s94 contributions attached to that consent be grandfathered for the equivalent units in the new development or alternatively be embodied in a Voluntary Planning Agreement with Council. In this regard, Condition 23 requires the surrender of Consent DA 15/0311.

Subject Site and Locality

The site is located on the Old Hume Highway and Greenhills Road approximately 2.5 kilometres north-east of the township of Berrima as shown below in Figure 1and included in Attachment 2. The site, known as Bendooley Estate, 3020 Old Hume Highway, is legally identified as:

Lot 3 in DP 584423 which has frontage to the Old Hume Highway of 540.84 metres and an area of 42.2 hectares; and

Lot 2 in DP 584423 which has frontages to the Old Hume Highway of 541.82 metres and Greenhills Road of 501.72 metres (irregular) respectively and an area of 40.47 hectares.

Bendooley Estate operates as a function facility, tourist facility and vineyard located in a rural precinct approximately 2.5 kilometres north-east of Berrima. The topography of the site is undulating grazing land with mature vegetation along the Old Hume Highway and Greenhills Road frontages and along the southern boundary. The subject site is occupied by the Berkelouw Book Barn and associated restaurant/function centre/wine cellar and vineyard. Five (5) self-contained cottages (DA 16/671) were opened in January 2018 and ’The Stables’ function centre (DA17/204) is currently under construction. The original Georgian homestead and associated outbuildings and garden remain a private residence. Lot 2 is used for agricultural purposes, primarily cattle grazing and the vineyard. The property has been historically cleared for grazing. The property contains two dams and a number of small lower order watercourses traversing both Lots. Small groups of trees exist on both lots. Figure 1 below shows the general location and the immediate

surrounding development.




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Figure 1 – Site Location Plan (Reproduced as Attachment 2)

The site is not sewered and relies on on-site effluent disposal systems and is not connected to a reticulated water supply. The subject site was rezoned to SP3 Tourist zone as part of Amendment 19 to Wingecarribee Local Environmental Plan 2010 made on 27 June 2014. Surrounding development includes: To the north: 2920 Old Hume Highway- a single storey residence located approximately

500 metres from the northern common boundary; To the east: 2965 Old Hume Highway- a single storey residence located approximately

450 metres from the eastern boundary of the subject site; and 3051 Old Hume Highway- a single storey residence located approximately

300 metres from the eastern boundary of the subject site; To the south: 3092 Old Hume Highway- a single storey residence located approximately

200 metres from the southern boundary of the subject site; 550 Oxley’s Hill Road - two single storey residences on property - a single

storey residence located approximately 200 metres from the south-eastern corner of the subject site accessed from Old Hume Highway and the second dwelling accessed from Oxley’s Hill Road located over 400 metres from subject site;

To the west: 224 Greenhills Road - a 2-storey residence located approximately 100

metres from the western boundary of the subject site (Lot 3) and 350 metres from the northern boundary of the subject site (Lot 2); and

164 Greenhills Road - a single storey residence located approximately 150 metres from the south-western corner of the subject site, being Lot 2.




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REPORT

Description of Concept Plan Development This DA does not seek consent for construction but is a Concept DA under Section 4.22 of the Environmental Planning and Assessment Act 1979. The objective of the Application is to seek Council support for a master plan that will form the basis for future tourist development proposals within the Bendooley Estate. The Concept Development Masterplan is included as Attachment 3. The Concept Development Application includes the following proposed developments, namely: On Lot 2:

Conference Centre (1,070sqm and maximum height of 10.5m)

Accommodation suites - 6 suite rooms per building, 4 buildings (1,400sqm and maximum height of 7.5m);

Brasserie and micro-brewery (750sqm and maximum height of 6 m);

Wellness Centre (400sqm and maximum height of 6m);

Providore /café (120sqm and maximum height of 5.2m) ;

Car parking and access driveways;

Wine tasting pavilion (100sqm and maximum height of 6m);

Accommodation Lodge – two storey building with 38 rooms plus 4 accessible rooms (1,800sqm and maximum height of 9.2m);

Housekeeping – relocated existing single storey shed for housekeeping supplies (180sqm and maximum height 6m);

and expansion of vineyard production;

Staff accommodation – two single storey 4 bedroom dwellings (250sqm and maximum height approximately 5m);

Waste water treatment works;

Solar farm – large scale solar farm designed to meet the energy needs of the proposed development; and

Storage shed (200sqm and maximum height of 6m).

On Lot 3:

Rare Book Administration Building New office building located parallel to the existing admin building (250sqm and maximum height of 7m); and

Expanded Stables function centre : - relocation of waste water treatment works; - increase in patron capacity from 130 persons (including 10 staff) to 192 (including 12 staff), - increase in number of events/functions per year from 52 to 156, and - increase in car parking by 22 spaces plus one bus drop off/pick up area.

Indicative Staging Of Developments Within Concept Plan

The Concept Plan proposes that future development construction be undertaken in five stages as follows:




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Stage 1:

The waste water treatment works to service the conference centre/accommodation/wellness centre/produce/cafe uses;

The Rare Books Administration Building;

Wine tasting pavilion;

Modification to the consent granted for The Stables function centre (D17/204) relating to relocation of waste water treatment works; and

Development application for increase in patron capacity and number of events. Stage 1A:

Solar farm; and

Shed. Stage 2:

Conference centre;

Accommodation Suite 1 and Lodge;

Housekeeping;

Wellness Centre;

Brasserie/Micro-brewery;

Providore/cafe;

and car parking. Stage 3:

Accommodation Suites 2, 3 and 4. Stage 5:

Staff accommodation. Hours of operation The proposed hours of operation of the facilities are as follows:

STATUTORY PROVISIONS State Environmental Planning Policies

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Clause 9 of the Catchment SEPP requires that a consent authority must not grant consent to the carrying out of development unless it is satisfied that the carrying out of the proposed development will have a neutral or beneficial effect on water quality.




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The Site is located within the Sydney Drinking Water Catchment. The applicant commented in their Statement of Environmental Effects as follows: The proposed modification is considered to be consistent with the aims and objectives of the SEPP and will not impact on the Sydney Drinking Water Catchment.

Advice received from WaterNSW indicated that the proposed development has been assessed as being able to achieve a neutral or beneficial effect on water quality provided appropriate conditions are included in any development consent and are subsequently implemented. Conditions of Consent from Water NSW have been included at Attachment 1 Condition 22. All future development applications for construction will require referral to

WaterNSW. State Environmental Planning Policy No 55 – Remediation of Land

Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use. The development application did not include a Preliminary Site Investigation to determine whether the site is suitable for its proposed use. For the purposes of a Concept Masterplan DA, Council is satisfied that the land is not a site of possible contamination and no physical works are proposed in this DA which could be a risk to human health or the environment. Therefore no further assessment of contamination is required. However, future DA’s for construction may be required to be accompanied by a Phase One Contamination Assessment. State Environmental Planning Policy (Rural Lands) 2008

The proposed Tourist and Visitor Accommodation and Function Facility Concept Plan is considered to be consistent with the Rural Planning Principles of the Rural Lands SEPP in providing a positive economic stimulus for the rural environment located close to the village of Berrima and the Moss Vale, Mittagong and Bowral townships. Regulations

Environmental Planning and Assessment Regulation 2000 The relevant provisions in the Regulations relating to Concept Development Applications are:- Regulation 70A "70A information to be included in concept development applications Despite clause 50(l)(a), the information required to be provided in a concept development application in respect of the various stages of the development may, with the approval of the consent authority, be deferred to a subsequent development application. "




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Regulation 256B "256B Concept Development Applications The maximum fee payable for a concept development application in relation to a site, and for any subsequent development application for any part of the site, is the maximum fee that would be payable as if a single development application only was required for all the development on the site."

Local Environmental Plans

Wingecarribee Local Environmental Plan 2010

The relevant provisions of the LEP are discussed as follows.

2.3 Zone objectives and land use

The site is zoned SP3 – Tourist. Tourist and visitor accommodation is a permissible use with development consent in the zone. The objectives of the zone are:

To provide for a variety of tourist-oriented development and related uses.

To ensure that development is sympathetic with the rural setting and landscape features of the site and minimises impact on the scenic values of nearby development and land use activity.

The proposal is generally consistent with the aims and objectives of the zone, although some of the proposed new structures and uses will be subject to more detailed design requirements to address environmental factors such as bush fire risk and a watercourse. In addition, locating some of the new structures and uses (such as hard stand car parking) close to the boundary with the Old Hume Highway and No.3092 Old Hume Highway could impact negatively on the rural setting and scenic values of the area. The surrounding landscape is currently very rural with recessive buildings as viewed from the roadway and adjacent properties. Future building design and layout will need to be sympathetic to the rural landscape.

The proposed uses, with the exception of the solar farm, are permissible in the zone. Specifically, ‘electricity generating works’, defined in the LEP as “a building or place used for the purpose of making or generating electricity” are prohibited in the SP3 zone. However, as it is proposed to only supply the tourist facility and other uses on the Site it could be considered as ancillary to the primary land use on the Site. This is in line with Department of Planning & Environment Circular No. PS 13-001 “How to characterise development” which states:

“if a component serves the dominant purpose, it is ancillary to that dominant use”

Since the solar farm is proposed to only serve the dominant purpose, it is properly characterised as an ancillary use and is therefore development for purposes of tourist facility which is a permissible use in the SP3 zone.

4.3 Height of buildings and FSR

The SP3 zone does not impose a maximum building height or FSR.

The maximum building height proposed is the 10.5m Conference Centre on Lot 2.




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7.5 Riparian Lands and watercourses

The proposed storage shed in the western corner of Lot 2 appears to be located close to a Category 3 water course shown on the LEP 2010 map.

Clause 7.5 of the LEP requires:

“(3) Before granting development consent for development on land to which this clause applies, the consent authority must consider any potential adverse impact of the proposed development on the following:

(a) the natural flow regime,

(b) the water quality of receiving waters,

(c) the waterway’s natural flow paths,

(d) the stability of the waterway’s bed, shore and banks,

(e) the flow, capacity and quality of groundwater systems.

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

(a) the development is designed, sited and managed to avoid any potential adverse environmental impact, or

(b) if that impact cannot be avoided—the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised—the development will be managed to mitigate that impact”.

The watercourse identified on Lot 2 is a Category 3 stream. In this case the LEP requires development to be setback a minimum of 10m from the top of bank. Condition 7

requires that the future development applications for the staff accommodation ensure that all structures are set back a minimum of 10m from the top of bank of that watercourse.

5.10 Heritage conservation

The Site is not a listed heritage item or within a Conservation Area under the LEP and is not located in close proximity to any listed items. The closest heritage item is the town ship of Berrima and which also contains numerous heritage items listed on the State Heritage Register and under Council’s LEP.

The Concept Plan development will have no impact on the curtilage or heritage significance of Berrima.

Bushfire

The extreme western and eastern boundaries of the site are identified on the LEP Bushfire Prone Lands Map as being within the bushfire buffer areas.




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Specifically, the proposed additional shed and staff accommodation close to the Greenhills Rd boundary and the Brasserie, Micro Brewery and Wine Tasting Pavilion fronting the Old Hume Highway are located in a bushfire buffer zone.

Future Development Applications for construction must demonstrate compliance with Planning for Bushfire Protection (2006).

Development control plans

Rural Lands Development Control Plan The Rural Lands DCP applies to the Concept Plan. An assessment of the proposal against the relevant sections of the DCP follows:

Relevant DCP Section Project consistency

Section 3 – Ecological Sustainable Development

A3.2 Development in Sydney’s Drinking Water Catchments

Under the Catchment SEPP, Council cannot grant development consent unless it is satisfied that the development will have a neutral or beneficial effect on water quality. The Statement of Environmental Effects submitted was accompanied by a Water Cycle Management Study. This report was evaluated by Water NSW, who found that the proposed works are able to achieve a neutral of beneficial effect on water quality.

Complies subject to Water NSW Conditions of Consent

A3.3 Protection of Watercourses and Riparian Lands

Applicants are directed to the controls within the Wingecarribee LEP with regard to proposed development close to an identified riparian corridor. In this case a 10m setback from the top of bank applies to the identified watercourse on Lot 2.

Structures appear to potentially encroach. Condition 7 requires that

all structures be setback a minimum of 10m from the top of bank of the watercourse on Lot 2.




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A3.6 Cut and Fill Cut and fill has not been addressed in the development application.

N/A. A matter for future development applications for construction

A3.7 Siting of Rural Buildings

(b) No single rural building or structure shall generally occupy a ground level building footprint of more than 600 square metres. The building footprint excludes any area on which works or structures are carried out or constructed beneath the natural ground level

No. The Conference Centre and Accommodation Lodge both exceed this footprint. Given the Tourism zoning this is considered acceptable.

(d) All rural buildings are generally to be within building envelopes that are separated from each other by a distance of not more than 30 metres and not less than 5 metres. (e) No rural building or structure is to be located closer than 20 metres from any public road, unless assessed by Council as appropriate due to site constraints.

A number of the new buildings proposed on the site do not comply with this control. However, given the dispersed nature of current development on the site this is considered acceptable. The Brasserie and Microbrewery and Wine Tasting Pavilion building footprints appear on the submitted Concept Plan to be sited closer than 20m from the Old Hume Hwy frontage. Conditions have been included to require that the Brasserie and Microbrewery structures and car parks be set back a minimum of 20m from the Old Hume Highway boundary and also 100m from the adjacent property boundary. (Conditions 6 and 8)

Due to the constraint of the existing vineyard, it is considered acceptable for Wine Tasting Pavilion, located on the entry to the vineyard, to be setback a minimum of 10m from the Highway boundary. Provided this structure is limited in footprint and height it will appropriately present as an entry element or ‘gatehouse’ which is appropriate in this rural setting and therefore the 10m setback is considered adequate.




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Accordingly, Condition 6 has been included to limit the bulk and scale and setback of this structure in any future DAs for the building. The importance of these recommended Consent Conditions is to ensure the proposed structures present visually as sitting within a rural landscape as viewed from the Highway and surrounding properties with ample area provided for landscaped screening of the proposed facilities from the Highway and adjacent properties.

Section 4 Vegetation Management

A4.5 Landform and Vegetation Modification

All new development shall: (b) not require the clearing of native vegetation or established cultural plantings if this results in an increase in the prominence or visibility of the building from a public place or Heritage Conservation Zone.

Council’s Tree and Vegetation Officer advises that the mapped patch of native vegetation has not been addressed in SEE or via a submitted flora & fauna impact assessment report. We note that this native vegetation appears to be in the area proposed for the Conference Centre building. The applicants must consider AS 4970-2009 ‘Protection of trees on development sites’ in determining any possible impacts on the trees and mitigation measures to minimise such impacts. Accordingly, a condition of consent has been incorporated which requires that the siting of the proposed Conference Centre be amended to ensure that this stand of native trees be retained to the satisfaction of Council. (Condition 9).

A4.7 Protection of Trees, Bushland and Vegetation during Construction and Development

(b) To ensure that development does not compromise the integrity and viability of existing native vegetation, flora and fauna habitat and riparian zones.

See comments above.

Section 5 – Water Management

A5.2 Development within Sydney’s Drinking Water Catchments

Under the SEPP, Council cannot grant development consent unless it is

The DA documents, including the Water Cycle Management Study were referred to WaterNSW who advised:




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satisfied the development will have a neutral or beneficial effect on water quality.

“Based on Water NSW’s site inspection and the information provided, the proposed development has been assessed by Water NSW as likely to being able to achieve a neutral or beneficial effect on water quality provided appropriate conditions are included in any development consent and are subsequently implemented. Water NSW concurs with Council granting consent to the application subject to the attached conditions.” The WaterNSW conditions are included in Attachment 1 as Condition 22.”

A5.3 Water Sensitive Design

The applicant has provided a Water Cycle Management Study that demonstrates that the future development envisaged by the Concept Plan is capable of achieving water sensitive design objectives.

Future DAs for construction can Comply subject to Consent Conditions WaterNSW conditions. (Condition 22)

5.4 On-site Waste Water Disposal (OSWD) Systems

The applicant has provided a Soil and Site Assessment for Onsite Wastewater Disposal that addresses the OSWD Systems. This has been assessed by Council’s Stormwater Engineer and was found to be compliant with the controls set out in Clause 5.4.

Future DA’s for construction can comply

5.5 Stormwater Management Plans

The applicant has provided a Water Cycle Management Study that has been assessed by Council’s Stormwater Engineer and was found to comply with the controls set out in Clause 5.5.

Future DAs for construction can Comply

5.7 Protection of Watercourses, Water Bodies and Riparian Lands

The SEE and associated documents do not address the location of the riparian corridor. It appears that the

Achievable. This requires a Vegetation Management Plan and assessment of riparian impacts be prepared for the future DAs for construction. Conditions 7 and 22




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development could encroach the riparian corridor associated with the stream through the extreme western corner of Lot 2. An assessment of riparian impacts and associated Vegetation Management Plan (VMP) is required.

Section 6 – Additional Controls

6.2 Bushfire Prone Land

The extreme western and eastern boundaries of the Site are identified on the LEP Bushfire Prone Lands Map as being within the bushfire buffer areas. Specifically, the proposed additional shed and staff accommodation close to the Greenhills Rd boundary and the Brasserie, Micro Brewery and Wine Tasting Pavilion fronting the Old Hume Highway are located in buffer zone. The application was referred to the Rural Fire Services who have provided their approval, subject to a number of conditions, particularly regarding the proposed staff accommodation in the Bushfire buffer zone.

RFS conditions included Conditions 16-21.

6.3 Contaminated or Potentially Contaminated Land

The applicant has not provided a preliminary site investigation to determine the suitability of the site for the proposed development.

As the affected areas of the Site have a history of grazing and no physical works are proposed, a contamination investigation is not deemed necessary at the Concept Plan stage.

6.8 Minimisation of External Impacts – Noise

The applicant has provided an Acoustic Assessment that details an assessment of the predicted noise impacts of

Achievable. This is a matter for future DAs for uses to be accompanied by an Acoustic Report to specify requirements in the specific development activity to incorporate to




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the proposed development. The main potential noise sources from the additional facilities proposed in the Concept Plan is from the proposed expansion of the Stables and the Conference Centre and increased numbers of events/functions per year. Operating hours proposed for the majority of the facilities of 7am to 11pm may require refinement when assessed for future DA’s for construction.

minimise noise impacts on adjoining properties . Conditions of consent addressing potential acoustic impacts of nearby resident included. Conditions 12-14.

A6.10 Minimisation of External Impacts – outdoor Lighting

Light spill from the proposed hard stand car parks and facilities close to the Highway and adjacent properties would be required to be addressed in any future DA’s for the construction of the facilities.

Condition of consent included (Condition 11). Future development

applications will be assessed for lighting impacts.

Section 8 – Heritage and Landscape Conservation

8.4 Development in the Vicinity of Heritage Items

The Site is not a listed heritage item or within a Conservation Area under the LEP and is not located in close proximity to any listed items. The closest heritage item is the town ship of Berrima listed as a Heritage Conservation Area and which includes individually local and state heritage listed properties.

N/A

Section 9 – Construction Standards and Procedures

A9.7 Water Storage in Non-reticulated Areas

Details to be submitted with respective development applications.




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A9.8 Stormwater Disposal

Final means of disposal of stormwater to Council’s stormwater system must be approved by Council. The following types of disposal will generally be acceptable

Details to be submitted with respective development applications.

A9.12 Waste Management and Disposal

A Waste Management Plan is required for all construction works with a value greater than $50,000. The applicant is required to prepare a Waste Minimisation and Management Plan.

Achievable. A matter for future DAs for construction

Part B – Development Specific Controls

Section 5 – Tourist-related Development

B5.2 Tourist and Visitor Accommodation

To be assessed on its merits with regard to all relevant sections of the DCP as well as the 5.2.1 objectives. To ensure that such development is: (a) Sited and designed to respect the rural environment within which the development is located. (b) Appropriately located to ensure no detrimental impacts on neighbouring development. (c) Constructed from materials which respect the rural landscape. (d) Complements the style of any existing development within the SP3 Tourist zone.

Merit assessment will apply. The Concept layout is considered supportable subject to conditions at the construction DA stage.

B5.3 Food and Drink Premises

Ensure that such development is: (a) Sited and designed to respect the rural environment within which

The Concept layout is considered supportable subject to conditions at the construction DA stage.




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the development is located. (b) Appropriately located to ensure no detrimental impacts on neighbouring development. (c) Constructed from materials which respect the rural landscape. (d) Complements the style of any existing development within the SP3 Tourist zone. (e) Designed to provide adequate car parking, located to be accessible to tourists and visitors to the development without detracting from the rural landscape in which the development is located. (f) Appropriately located in terms of accessibility from regional access roads. (g) Appropriately located in terms of the suitability of the surrounding road network to support the level and type of traffic expected to be generated by the proposed development.

Section 6 Other Commercial and Community Development

B6.4 Function Centres b) All Function Centres shall be assessed on their merits with particular regard to: (i) visual impacts of the proposal (ii) potential noise impacts (iii) potential traffic generation c) Buildings shall be designed and located to minimise visual impacts within the rural landscape, particularly

Merit assessment will apply. The Concept layout is considered supportable subject to conditions at the construction DA stage.




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from neighbouring properties. d) Buildings shall be constructed from materials and colours which blend into the rural landscape. e) Proposed development shall not exceed 5dB(A) as required in Section A6.8 of this Plan.

IMPACT ON COUNCIL’S FIT FOR THE FUTURE IMPROVEMENT PLAN

Nil

COMMUNICATION AND CONSULTATION

Community Engagement Neighbour Notification (or Advertising)/Public ParticipationThe application was notified

between 30 May 2018 and 27 June 2018, and during this time there were seven community submissions lodged regarding the concept plan DA. All submissions expressed varying degrees of concern with the Plan. The primary concerns raised in the submissions against the development were:

Issue Comment

Scale of development would set precedent in the area

The Bendooley Estate is the only SP3 Tourist zone property within this locality and therefore the only property with opportunity for development in accordance with the Masterplan. Any requests for similar developments would be assessed within the applicable planning provisions at the time and also in conjunction with community engagement.

Increased traffic – safety, concern at multiple entry points

The development’s primary access is off the Old Hume Highway which was formally a State Highway and therefore has the capacity for carrying traffic. The application was amended during the assessment process resulting in the elimination of one of the proposed access points.

Buildings need to be adequately screened from the roadway

Appropriate landscaping and screening of buildings will be considered at the development application stage for the respective future development applications




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Issue Comment

for each building.

Concern with on-site waste infrastructure – impact on watercourses

WaterNSW has provided appropriate conditions of consent in regard to wastewater management on the site (Condition No 22).

Result in reduced ambience of the rural area, particularly car lights

Activity on the site is conditioned to be concluded by certain times (Condition No 10). Together with screen planting, these

measures will ensure that impacts of car lighting on adjoining properties can be minimised.

Impact on Cordeaux Creek from damming on the site

WaterNSW have considered the proposed works within Cordeaux Creek and have provided conditions of consent (Condition No 22)

Need much wider buffer than 10m with boundary of No.3092 Old Hume Highway.

Condition 8 has been included requiring that all buildings including associated car parking is to be set back a minimum 100metres from the common property boundary with 3092 Old Hume Highway.

Impact on native vegetation – threatened ecological community on adjoining site

Conditions of consent in relation to the onsite vegetation have been provided. In regard to the impact on native vegetation on adjoining sites, the proposed development is not expect to impact.

New facilities scattered rather than clustered on the site

The Masterplan shows that the development of the site will be scattered.

Noise, lights and people would cause nuisance to valuable horses on No. 3092

Refer to comment above regarding noise and light impacts

Safety of access to Staff accommodation on Greenhills Rd

New vehicular access points will be required to meet all traffic management requirements and standards and conditioned accordingly at the time the respective DA is lodged and considered by Council.

Impact on Berrima tourist trade This is a subjective viewpoint and cannot be substantiated.

Staff accommodation and solar farm not permissible

In accordance with relevant planning legislation such uses would be undertaken as ancillary to the development and therefore permissible.

Internal Communication and Consultation The DA was referred to all relevant departments of Council and their comments have informed and been incorporated into this reports, recommendations and Consent Conditions.




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Development Engineers The application is considered to be satisfactory in relation to engineering matters subject to conditions being imposed on the notice of determination.

Environmental Heath The application is considered to be satisfactory in relation to environmental health matters subject to conditions being imposed on the notice of determination.

Traffic Engineer The application is considered to be satisfactory in relation to traffic matters based on amendments sought during the assessment process by the deletion of one of the proposed vehicular access ways.

Tree and Vegetation Concern was raised regarding the potential loss of a stand of native vegetation that has been addressed by way of condition

External Communication and Consultation The DA was referred to:

The RMS;

Water NSW; and

Rural Fire Service Their comments have informed and been incorporated into this reports, recommendations and Consent Conditions.

SUSTAINABILITY ASSESSMENT

Environment

The potential for any environmental impacts in relation to the subject application have been considered within the report

Social

The proposed tourism related development would be expected to have positive social impacts and provide new opportunities for social interaction. Potential negative impacts on the surrounding residents and the rural setting have been addressed by way of additional setbacks, screening and reduction in proposed vehicular entries by way of Consent conditions.

Broader Economic Implications

The continued development and operation of the Bendooley Estate will contribute to the local economy of the Southern Highlands through employment and expenditure within the local economy

Culture

There are no cultural issues in relation to this report.




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Governance

The development application has been considered in accordance with the Wingecarribee Local Environmental Plan 2010, section 4.15 of the Environmental Planning and Assessment Act 1979 and any other matters relevant to the development.

COUNCIL BUDGET IMPLICATIONS

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

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

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

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

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

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

RELATED COUNCIL POLICY

An assessment of the proposal has been made against the Wingecarribee Local Environmental Plan 2010, SEPP (Sydney Drinking Water Catchment) 2011, State Environmental Planning Policy No 55 – Remediation of Land and the Rural Lands

Development Control Plan.

OPTIONS

The options available to Council are:

Option 1

Approve the Concept Master Plan for Tourist Facilities and Associated Development at Lots 2 and 3 DP 584423, No 3020 Old Hume Highway and No 214 Greenhills Road, Berrima subject to conditions as described in Attachment 1 to the report..

Option 2

Refuse the Concept Master Plan for Tourist Facilities and Associated Development at Lots 2 and 3 DP 584423, No 3020 Old Hume Highway and No 214 Greenhills Road, Berrima, in which case Councillors would need to specify reasons for refusal




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Option 1 is the recommended option to this report.

CONCLUSION The development application has been assessed in accordance with the matters for consideration under section 4.15 of the Environmental Planning & Assessment Act 1979,

and all relevant environmental planning instruments and Council policies. It is recommended that the application be determined by way of conditional approval.

The proposal is considered satisfactory in terms of s.4.15 EPA Act 1979, therefore it is recommended that the development application be approved, subject to the attached draft conditions of consent nominated in Attachment 1.

ATTACHMENTS

1. Draft Conditions - circulated under separate cover

2. Site Location Plan - circulated under separate cover

3. Masterplan Concept Development of Bendooley Estate - circulated under separate cover




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10.2 DA 18/0743 - Increase in Capacity of Premises, Number

of Events and Car Parking Provision at "Bendooley Estate" 3020 Old Hume Highway, Berrima being part of Lot 3 DP 584423

Reference: 18/0743 Report Author: Development Assessment Planner Authoriser: Group Manager Planning, Development and Regulatory

Services Applicant: Paul Berkelouw Owner: Antikvorem Pty Ltd Link to Community Strategic Plan: Conserve the key natural resources of the Shire and


PURPOSE The purpose of this report is to consider Development Application 18/0743 which seeks approval at 3020 Old Hume Highway Berrima NSW 2577 part of Lot 3 DP 584423 for an increase in capacity of the premises from 130 persons (120 patrons and 10 staff) to 192 persons (180 patrons and 12 staff), increase the number of events from 52 days to 156 per calendar year and increase car parking provision from 50 spaces plus 1 accessible space to 72 spaces plus 2 accessible spaces. This report is prepared for determination, and recommends APPROVAL, subject to attached conditions of consent.



RECOMMENDATION THAT development application 18/0743 for a proposed increase in capacity of the Function Centre from 130 persons (120 patrons and 10 staff) to 192 persons (180 patrons and 12 staff), increase the number of events from 52 days to 156 days per calendar year and increase car parking provision from 50 spaces plus 1 accessible space to 72 spaces plus 2 accessible spaces at Lot 3 DP 584423, No 3020 Old Hume Highway, Berrima be APPROVED subject to conditions as described in Attachment 1 to the report.

REPORT


The Subject site is known as Bendooley Estate, which operates as a tourist facility, function centre and a vineyard located in a rural precinct approximately 2.5 kilometers north – east of




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Berrima. The allotment is an irregular shaped large estate where the topography of the site is undulating grazing land with mature vegetation along the Old Hume Highway frontage and along the boundaries. The Function Centre is located on the south eastern side of the Bendooley Estate. The subject site has access via the Old Hume Highway and the provision for on-site parking is provided on the northern portion of the site. The site is currently developing and contains existing buildings, landscaped areas and hardstand areas.

Background

The development history of the site over the past two decades can be summarised in terms of the followiung consents granted by Wingecarribee Shire Council namely;


Cafe


Addition to commercial building


Addition to existing building


Storage


Winery refreshment room and cellar door building and addition to the Book Barn for the café/resturant use – approved 19 July 2011; five (5) modifications to the consent being 18 November 2011, 22 December 2011, 4 June 2012, 11 July 2014 and 20 May 2015


Winery refreshment room and cellar door


Storage facility

Development Application 15/0311 - Conference facility and hotel accomodation

Development Application 16/0391 - Construction of stables, horse arena and cattle yards

Development Application 17/0671 - Guest accomodation (4 cabins and 1 cottage)

Development Application 17/0204 - Alterations and additions to The Stables building and change of use to occasional function centre approved 28 June 2017 and 30 January 2018

Development Application 17/1024 - Farm storage shed (Lot 2 DP 584423)

Concept Development Application – 18/0565 Current Application – Tourism and Accommodation Concept Development Application (Master Plan)

Proposed Development Development Application 18/0743 seeks approval at 3020 Old Hume Highway Berrima part of Lot 3 DP 584423 for an increase in capacity of the Function Centre from 130 (120 patrons and 10 staff) to 192 persons (180 patrons and 12 staff), increase the number of events from 52 days to 156 days per calendar year and increase car parking provision from 50 spaces plus 1 accessible space to 72 spaces plus 2 accessible spaces.




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STATUTORY PROVISIONS

State Environmental Planning Policies

State Environmental Planning Policy No 55 – Remediation of Land

Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use. After undertaking a desktop search using Council’s Property and Rating database, Council is satisfied the land is not a site of possible contamination and therefore no further assessment is required.

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

The site is located within the Wingecarribee River Sub-catchment. Compliance with the provisions of the SEPP and associated guidelines is therefore required to consider water quality. Water NSW advises that the proposed development satisfies the requirements of State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011, subject to conditions of consent including conditions addressing wastewater management measures, stormwater management measures, operational environmental management plan, water management plan and construction activities measures as contained within attached conditions of consent (Attachment 1). (Condition 63).




Clause 2.3 Zone objectives and land use table

The site is zoned SP3 Tourist and in this zone, a function centre is permissible with development consent. The objectives of the SP3 Tourist are as follows:

To provide for a variety of tourist-oriented development and related uses.

To ensure that development is sympathetic with the rural setting and landscape features of the site and minimises impact on the scenic values of nearby development and land use activity.

The proposed development is consistent with the objectives of the zone and will provide a variety of tourist-oriented development and related uses.

Development Control Plans

Rural Lands Development Control Plan

The applicable sections of the zone and Part B Section 5 of the DCP have been considered in the assessment. Section 5.3 is relevant to the proposed development relating to tourist activities. The proposed increase in capacity and number of full day events will only satisfy objective 5.3(b) relating to impacts on adjoining properties, subject to the recommended conditions from the acoustic engineer included in the Acoustic Report to be followed and included as (Condition 56). The following Control measures are set out in the report to be

followed at all times:




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1. Building Recommendations

External walls to the function space will be lined internally with timber lining boards and acoustic insulation will be provided within the external wall cavity.

Windows to be upgraded to minimum Rw 38 glazing.

Doors to have full acoustic seals.

This will help minimise excessive noise from the proposed development impacting nearby sensitive receivers.

2. Noise Management Recommendations The following measures are recommended to be included in order to maintain minimal noise impacts with surrounding sensitive receivers.

External windows and doors to be closed during music/reception.

Main stable door to be closed when music/reception commences.

Outdoor areas facing north should not be used after 10:00pm when at capacity (where practical), or after 11:30pm.

PA address/speaker systems should not be used after 11:30pm.

Only one subwoofer to be used at the function site. Use of subwoofers to be limited and/or restricted during night time functions.

When the venue is at 70% capacity or greater, external doors and windows should be closed (where possible).

Functions to cease at or before 11:00pm, with patrons out by 11:30 pm.

There are to be no PA systems for any outdoor functions after 8:00 pm.

3. Complaint Handling The management will adopt the following protocol for handling complaints. This protocol is intended to ensure that the issues are addressed and that appropriate corrective action is identified and implemented as necessary:

The management will record all verbal and telephone complaints in writing and will forward all complaints to the owner, together with details of the circumstance leading to the complaint and all subsequent actions.

The management will investigate the complaint to determine whether a criterion exceedance has occurred or whether noise has occurred unnecessarily.

If excessive or unnecessary noises have been caused, corrective action will be planned and implemented by the management.

Complainants will be informed by management that their complaints are being addressed, and (if appropriate) that corrective action is being taken.

Complainants will be informed of the implementation of the corrective action that has been taken to mitigate the adverse effects.

The proposed increase in car parking spaces satisfies objectives (e - g) in Section 5 relating to design of car parking, location without detracting from the rural landscape. The proposed development is considered to satisfy objectives of the zone and Part B Section 5 of the DCP.




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Section 4.15 Evaluation (1) Matters for consideration—general

In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a) the provisions of:

(i) any environmental planning instrument, and

It has been demonstrated the DA complies with the Wingecarribee Local Environmental Plan 2010.

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

Not applicable.

(iii) any development control plan, and

It has been demonstrated the development satisfactorily complies with the relevant controls.

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

Not applicable.

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

Not applicable.

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates,

Not applicable.

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

The proposed development is not expected to result in any significant impacts on the natural and built environment, or detrimental social or economic impacts in the locality. There are no additional impacts anticipated outside of those already addressed elsewhere in this report. The proposal is consistent with the established development pattern in the Bendooley Estate if the recommendations in the Acoustic Report as stated above are adhered.

(c) the suitability of the site for the development,

The site is considered suitable for the type, scale and nature of the development and is not overly constrained. The development can be integrated into the locality without any significant adverse impacts. The site is therefore considered suitable for the proposed development.




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(d) any submissions made in accordance with this Act or the regulations,

Refer to the Consultation section of this report.

(e) the public interest.

The proposed development consent 18/0743 is not considered contrary to the public interest

CONSULTATION

External Referrals

Referrals Advice/Response/Conditions

Water NSW Based on Water NSW’s site inspection and the information provided, the proposed development has been assessed by Water NSW as being able to achieve a neutral or beneficial effect on water quality provided appropriate conditions are included in any development consent and are subsequently implemented. (Condition 63).

Road and Maritime Services (RMS)

Given that the proposal does not appear to generate significant additional traffic and is accessed via the local road network, RMS considers the development application is a matter for Council.

Internal Referrals


Accredited certifiers The application is considered to be satisfactory in relation to building matters subject to conditions being imposed on the notice of determination. – Conditions 3 – 5, 7 – 9, 25, 42, 47 – 49 and 62

Development Engineers The application is considered to be satisfactory in relation to engineering matters subject to conditions being imposed on the notice of determination. Conditions 6, 10 – 24, 26 – 41, 43 – 46, 52 - 55

Environmental Heath The application is considered to be satisfactory in relation to environmental health matters subject to conditions being imposed on the notice of determination. Conditions 50, 51, 56 - 60

Traffic Engineer The application is considered to be satisfactory in relation to traffic matters subject to conditions being imposed on the notice of determination. Conditions 61

Neighbour Notification (or Advertising)/Public Participation

The development application was Neighbour Notified for a period of 14 days between 17/07/2018 and 01/08/2018 and Council received 4 submissions. The issues raised in the submissions have been summarised and are considered below:




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Issue

Comment

Traffic Proposed increase in patrons and increase in number of events will generate more traffic to the locality, which in turn will increase the noise level and safety along the rural road.

Increased traffic will result from the proposed development, however this is not beyond what is reasonably expected within a SP3 Tourist zoned area that contains both tourist and rural development. Proposed onsite parking satisfies Roads and Traffic Authority Guide for Traffic Generating Developments. Council’s Development Engineer raises no objection to the proposed siting of driveways in relation to the Old Hume Highway intersection and pedestrian movement.

Noise Proposed increase in vehicles, people and number of events will generate noise, which will affect the livelihood of the rural residents

Increased noise will result from the proposed development, however this is not beyond what is reasonably expected within a SP3 Tourist zoned area that contains both tourist accommodations and function centres. The proposal will be consistent with the established development pattern in the Bendooley Estate if the recommendation is adhered as to the acoustic report. (Condition 56).


Environment

There are no environmental impacts in relation to this report.

Social

There are no social issues in relation to this report.


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

Culture


Governance


RELATIONSHIP TO CORPORATE PLANS

Operational Plan 2018 – 2019: OP181 Assess and certify applications related to development.




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RELATED COUNCIL POLICY An assessment of the proposal has been made against the Wingecarribee Local Environmental Plan 2010, SEPP (Sydney Drinking Water Catchment) 2011, State Environmental Planning Policy No 55 – Remediation of Land and the Rural Lands

Development Control Plan.

OPTIONS


Option 1

Approve the development application subject to the attached conditions of consent.

Option 2

Refuse the application, in which case Councillors would need to specify reasons for refusal


CONCLUSION

It is considered that Development Application 18/0743 which seeks approval at 3020 Old Hume Highway Berrima part of Lot 3 DP 584423 for an increase in capacity of the Function Centre from 130 (120 patrons and 10 staff) to 192 persons (180 patrons and 12 staff), increase the number of events from 52 days to 156 days per calendar year and increase car




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parking provision from 50 spaces plus 1 accessible space to 72 spaces plus 2 accessible spaces be supported subject to conditions.

The proposal is considered satisfactory in terms of s.4.15 EPA Act 1979, therefore it is recommended that the development application be approved, subject to the attached draft conditions of consent nominated in Attachment 1.

ATTACHMENTS


2. Site Location - circulated under separate cover

3. Zoning - circulated under separate cover

4. Site Plan - circulated under separate cover

5. Elevations - circulated under separate cover

6. Floor Plan - circulated under separate cover

7. Stormwater Plan - circulated under separate cover




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10.3 15/088.02 Section 4.55 Modification to Extend Period of

Consent for Events from 3 to 6 Calendar Years, 581 Greenhills Road, Berrima

Reference: 15/088.02 Report Author: Development Assessment Planner Authoriser: Group Manager Planning, Development and Regulatory

Services Applicant: Brigid Kennedy Owner: B C Kennedy & K R Nott Link to Community Strategic Plan: Ensure tourism balances the economic benefits with impact

on environment and community

PURPOSE The purpose of this report is to consider a Section 4.55 Modification Application to modify development consent 15/0888. The Modification Application is to be determined by the Council because the original development application was determined by the Council, as was a previous application to modify the consent. This report is prepared for determination and recommends APPROVAL, subject to the attached Conditions of Consent.



RECOMMENDATION THAT Modification Application 15/0888.02 under section 4.55 (1A) of the Environmental Planning and Assessment Act 1979 to extend the period of consent for events from 3 to 6 calendar years at Lot 3 DP 597610, 581 Greenhills Road, Berrima be APPROVED subject to proposed draft conditions of development consent contained in Attachment 1 to the report.

REPORT

Subject Site and Locality The subject site is located on the western side of Greenhills Road between Compton Park Road and Wombeyan Caves Road, Berrima (refer to Figure 1 below and also contained in Attachment 2). The site is legally described as Lot 31 DP597610, 581 Greenhills Road,

Berrima. It is irregular in shape and has an area of approximately 41 hectares.




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The site has a frontage of about 300m to Greenhills Road. The property also contains a two storey farm building which has been converted into various uses as described in the approvals under the Background section.

Figure 1: Site Location (enlarged at Attachment 2)

Background The following approvals have been granted by Council:

LUA11/0735 dated 31 October 2011, for alterations and additions to the existing farm building to enable its conversion to a residence and stables.

LUA 13/0899 dated 4 June 2014, for a road side stall and business identification sign. The roadside stall component is contained inside the building and sells produce/items sourced from the farm including jams and vegetables, lamb, beef and antiques restored on the property. Compliance regarding the roadside stall was investigated in 2014/2015 as antiques were being sold from the property which is inconsistent with the definition of a roadside stall, which permits the sale of items/products produced at the premises or an adjacent property only.

DA 15/0723 dated 15 September 2015, for a home industry utilising the existing building for the restoration of antiques involving small scale polishing, repairing and cleaning with hand tools. The restoration activities are undertaken in the stables and there is a display area.

DA 15/0888 dated 1 December 2015, for the use of the premises for up to 28 temporary events between 1 December 2015 and 30 November 2016. The approved style of events included foodie field days, small scale arts and cultural performances and participation in the open gardens program.

Modified DA15/0888.01 dated 30 November 2016, extended the temporary use of the site in accordance with Clause 2.8 of WLEP 2010 for a period of three calendar years from the date of the original consent (up to 30 November 2018).




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Proposed Development

Approval is sought to modify Condition 12 of DA 15/0888 to extend the period of the consent by six years from the date of the original consent as follows (changes highlighted in bold):

12. Temporary Use of Land - Clause 2.8 of the Wingecarribee Local Environmental Plan 2010

Approval is granted for three (3) six (6) calendar years commencing from the issue date appearing upon this consent notice for a Temporary Use Land, to be carried out strictly in accordance with the provisions of clause 2.8(2) of the Wingecarribee Local Environmental Plan 2010 to permit the conduct of events as nominated in the Statement of Environmental Effects for a maximum period of 60 days (whether or not consecutive days) in any period of 12 months.




Consideration was originally made in 2015.


Condition 19 of the existing consent requires the temporary events to be managed in accordance with the approved stormwater quality report to ensure the holding of an event will not adversely affect water quality. The proposed modification will not change the nature and scale of the development already assessed and approved by Council. There are appropriate safeguards included in the conditions to ensure a neutral and beneficial effect will be maintained on water quality in accordance with the aims of the SEPP and the requirements of the Sydney Catchment Authority.





The site is zoned RU2 Rural Landscape and in this zone, temporary events are permissible with development consent. The objectives of the Zone are as follows:

To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

To maintain the rural landscape character of the land.

To provide for a range of compatible land uses, including extensive agriculture.

To provide opportunities for employment-generating development that is compatible with, and adds value to, local agricultural production through food and beverage processing and that integrates with tourism.




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2.8 Temporary use of land

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

The approved development achieves the objectives of the temporary use clause as the future development potential of the site would not be compromised, given the removable structures and temporary nature of the events.

(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 60 days (whether or not consecutive days) in any period of 12 months.

This modification does not change the nature, scale or frequency of events which will continue to comply with the temporary use restrictions and the conditions of consent.

(3) Development consent must not be granted unless the consent authority is satisfied that:

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

This modification application does not change the nature, scale or frequency of the temporary events already approved by Council. As concluded in the original assessment, the proposed temporary uses would not prejudice the subsequent development of the land in accordance with WLEP 2010


Rural Lands Development Control Plan The approved development was assessed against the relevant requirements in the Rural Lands Development Control Plan (RLDCP), and the proposed modification would not alter the nature, scale or frequency of events undertaken on the site to that already assessed and approved by Council.








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Not applicable.




Not applicable.


Not applicable.


Not applicable.


The development proposes the temporary use of the site for three kinds of events, namely ’foodie field days’, performance art events and open gardens. The key issues associated with events include traffic, noise, car parking, access and other safety considerations. Council has not received any noise complaints following previous events held at the site. Condition 6 from previous consent (15/0888.01) requires the provision of a Traffic Management Plan and this shall be required prior to the commencement of the next event.


The site is considered suitable for temporary events as approved by Council. The traffic, access, car parking, amenity, noise and water quality issues are satisfactory subject to the existing conditions in the consent. These conditions will continue to ensure the events are managed in an appropriate manner with minimal impact on the environment and the amenity of the surrounding area.




Modification of development consent 15/0888 as proposed is not considered contrary to the public interest.




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Relevant State Legislation

CONSULTATION

Pre-lodgement Meeting

No pre-lodgment meeting was held prior to the modification application being lodged with Council.

External Referrals

Development consent 15/0888 is subject to concurrence conditions specified by the former Sydney Catchment Authority (now Water NSW). The subject proposed modification is of no consequence to those concurrence conditions or general terms of approval. Consequently, it is considered unwarranted to refer the application to Water NSW.

Internal Referrals


Development Engineers Extending the consent period for temporary events will not impact on any existing engineering conditions contained in the consent.

Environmental Health Officer

The application is considered to be satisfactory in relation to environmental health matters subject to conditions being imposed on the notice of determination.


The development application was Neighbour Notified/Advertised for a period of 14 days between 23/08/2018 and 10/09/2018 and Council received 1 submission. The issues raised in the submission have been summarised and are considered below:

Events not to grow any further as to original consent

One submission was made and commented:

“We are happy with the Sunday lunches and things as they have been. We would not like to see this grow any further.

We are aware that you are in the process of writing up a draft Rural Tourism policy and we feel that the prospect of a "cafe" on every rural road is not necessary and is not wanted by the people living in the rural areas.

This is such a beautiful rural area, please let’s keep it that way!!”

Comment

As discussed earlier, the modification application does not propose any changes to the type of activity as approved under original consent.


Environment





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Social




Culture


Governance












An assessment of the proposal has been made against the Wingecarribee Local Environmental Plan 2010, State Environmental Planning Policy No 55 – Remediation of




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Land, State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 and the Rural Lands Development Control Plan.

OPTIONS


Option 1

THAT Council determines by way of approval the Modification Application 15/0888.02 subject to draft conditions of consent in Attachment 1.

Option 2

THAT Council refuse the modification application 15/0888.02 and provide reasons for refusal.


CONCLUSION

The proposed modification only seeks to extend the period of the consent for six years from the date of the original consent effectively extending the consent for another three years. There would be no change to the approved development and the conditions and no additional impacts on the surrounding area.

The proposal is considered satisfactory in terms of relevant provisions EPA Act 1979, therefore it is recommended that the modification application be approved, subject to the attached draft conditions of consent nominated in Attachment 1.

ATTACHMENTS

1. Draft Conditions of Consenbt - circulated under separate cover





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10.4 Mittagong Development Control Plan - Site Specific

Provisions for Affordable Housing Proposal

Reference: 5700/69 Report Author: Coordinator Strategic Land Use Planning Authoriser: Group Manager Planning, Development and Regulatory

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 enable Council to consider a request to incorporate site specific provisions into the Mittagong Development Control Plan to facilitate a residential development including a mix of affordable housing, seniors living and standard residential apartments.

VOTING ON THE MOTION Councillors are required to record their votes on this matter.

RECOMMENDATION 1. THAT Council give in-principle support for the inclusion of site specific

provisions into the Mittagong Town Plan Development Control Plan to facilitate an affordable housing development proposal in the location bound by Rainbow Road, Brewster Street, Old Hume Highway and Mineral Springs Reserve, subject to more detailed design controls being prepared.

2. THAT Council support bonus floor space provisions for affordable housing to

be incorporated into the ‘precinct’ controls on a sliding scale; with bonus floor space to be proportionate to the percentage of affordable housing to be provided.

3. THAT following the preparation of more detailed design controls, a draft

Amendment to the Mittagong Development Control Plan be reported to Council to be endorsed for public exhibition.




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REPORT

BACKGROUND

Council currently has a separate Development Control Plan (DCP) for each township and village throughout the Shire, to guide future development in line with Council’s and the community’s expectations. The Mittagong Town Plan DCP applies to all residential and business zoned land within the localities of Mittagong and Welby, and is the primary assessment tool for considering Development Applications (DAs) in these areas.

The Mittagong DCP contains generic residential development controls that apply to all residential development within the DCP area, as well as site specific provisions that apply to five (5) distinct precincts. Council has been approached by a proponent seeking to amend the Mittagong DCP to introduce site specific provisions to facilitate a residential development including a mix of affordable housing, seniors living and standard residential apartments, on land bounded by Rainbow Road, Brewster Street, Old Hume Highway and Mineral Springs Reserve, Mittagong. This report is seeking in principle support for the proposal, to allow the proponent to undertake more detailed design work before a formal amendment to the DCP is considered by Council.

REPORT

Subject Land

The request to amend the DCP relates to land bounded by Old Hume Highway, Rainbow Road, Brewster Street and Mineral Springs Reserve in Mittagong as shown in Figure 1 below as well as in Attachment A.

Figure 1 – Site Plan

The subject land consists of fifteen (15) individual lots currently zoned R3 Medium Density Residential under the Wingecarribee Local Environmental Plan 2010, all with existing residential dwellings. The site is located approximately 750 metres west of the Mittagong




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Town Centre, directly opposite the Mittagong Market Place and within close proximity to the Mittagong RSL Club.

Existing DCP Provisions

The subject land is zoned R3 Medium Density Residential and is subject to the Medium Density Development provisions in the Mittagong DCP which sets a maximum building height of 2 storeys (up to 9 metres) and a maximum floor space ratio (FSR) of 0.5 : 1.

The proponent is seeking an amendment to the DCP to facilitate a residential development including a mix of affordable housing, seniors living and standard residential apartments up to a maximum of five (5) storeys (up to 18 metres) and a maximum FSR of 1.6 : 1.

Development Proposal

The proponent is seeking an amendment to the DCP to facilitate a substantial infill residential development including a mix of affordable housing, seniors living and standard residential apartments.

The preferred development outcome for the site is the provision of a range of housing types that will address the housing needs of a broad cross section of the community, including housing for seniors or those with a disability, affordable housing that may include boarding house apartments or affordable rental apartments and residential flat buildings that will be available to the broader community.

The proposal is seeking to facilitate a development up to a maximum of five (5) storeys and a maximum FSR of 1.6 : 1, which is a significant increase in density compared to the existing development on the site and the adjoining residential areas. The concept would rely on an amendment to the Mittagong DCP as well as the bonus floor space provisions in the Affordable Rental Housing SEPP, which allow up to a maximum bonus FSR of 0.5 : 1 for affordable housing developments (depending on the proportion of affordable housing to be provided). A copy of the development concept, including an artist impression, site plan, 3D views, cross sections and a covering letter are provided as Attachment B to this report.

While the proposed development would increase the stock of affordable housing and housing for seniors in the Shire and help meet the housing needs of our community, Council needs to consider the impacts of the proposal on the existing and desired future character of the area. In this regard, it is recommended that more detailed design controls be developed to ensure that any future development of the site is in keeping with Council’s and the community’s expectations.

Proposed DCP Amendment

The proponent has submitted preliminary site specific development controls for consideration by Council. The draft controls include an increase in building height up to a maximum of 5 storeys and an increase in FSR from 0.5 : 1 to 1.1 : 1 (plus the bonus floor space provisions under the SEPP allowing up to a maximum of 1.6 : 1), as well as controls relating to access, landscaping, pedestrian connectivity and integration. The preliminary development controls submitted by the proponent are provided as Attachment C to this report.

As outlined above, increasing the development capacity of the site will potentially have a significant impact on the existing and desired future character of the area. The proposed DCP provisions that were provided by the proponent do not include built form controls to manage the bulk and scale of the development to ensure that any future development of the




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site is sympathetic to its setting, and does not impact on the amenity of the adjoining residential area. It is recommended that more detailed design controls be developed over the site, to provide greater certainty in the built form outcomes, and to mitigate any adverse impacts on adjoining owners such as overshadowing, traffic, and amenity issues.

Bonus Floor Space for Affordable Housing

The proposal is seeking to increase the FSR contained within the Mittagong DCP from 0.5 : 1 to 1.1 : 1, as well as taking advantage of the bonus floor space provisions in the Affordable Rental Housing SEPP which allow up to an extra 0.5 : 1 FSR depending on the amount of affordable housing to be provided.

The SEPP provides for bonus floor space proportionate to the amount of affordable housing provided on site, ranging from 0.2 : 1 where 20% of the floor space is for affordable housing, and up to a maximum of 0.5 : 1 where 50% of the floor space or greater is provided as affordable housing.

The bonus floor space provisions as requested by the proponent are shown in Table 1 below based on the percentage of affordable housing to be provided in the development.

Proportion of Gross Floor Area for Affordable Housing

Potential bonus FSR provided by SEPP

Requested increase in FSR through the DCP

Maximum FSR for the development

0-19% Nil 0.6 1.1 : 1

20% 0.2 0.6 1.3 : 1

30% 0.3 0.6 1.4 : 1

40% 0.4 0.6 1.5 : 1

50% or greater 0.5 0.6 1.6 : 1

Table 1 – Maximum FSR as requested by the proponent

As shown in Table 1, the proponent has requested an increase in FSR under the DCP,

irrespective of the proportion of the development that is to be provided as affordable housing. It is recommended that Council adopt a similar ‘sliding scale’ that provides bonus floor space that is proportionate to the amount of affordable housing to be provided.

This approach provides a direct incentive to provide a greater amount of affordable housing, as the maximum FSR increases proportionately with the amount of affordable housing provided on site. Table 2 below shows the recommended approach to providing bonus FSR across the site.

Proportion of Gross Floor Area for Affordable Housing

Potential bonus FSR provided by SEPP

Potential bonus FSR through the DCP

Maximum FSR for the development

0-19% Nil Nil 0.5 : 1

20% 0.2 0.2 0.9 : 1

30% 0.3 0.3 1.1 : 1

40% 0.4 0.4 1.3 : 1

50% or greater 0.5 0.5 1.5 : 1

Table 2 – Maximum FSR based on the proportion of affordable housing.




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Recommended Way Forward

The proposed development provides a unique opportunity to consolidate a large number of sites, and to develop a mixed residential development including affordable housing, seniors living and residential apartments. However, the proposal is seeking a significant increase in density, which has the potential to impact on the character and amenity of the area, if the proposal is not properly considered and assessed at the strategic planning stage.

It is recommended that Council provide in principal support for the proposal, and that Council staff work with the proponent to prepare detailed design controls that will ensure that any future development of the site is in keeping with Council’s and the community’s expectations. As a minimum, the detailed design controls should consider setbacks, street wall heights, upper level setbacks, bulk and scale, articulation, materials, presentation to the street and solar access.

Once detailed design controls have been developed, a draft amendment to the Mittagong DCP will be prepared and reported to Council to be endorsed for public exhibition. If the amendment to the DCP is adopted by Council following public exhibition, a Development Application could be lodged for the proposal; and assessed against the detailed design controls outlined above.

It is also recommended that any bonus FSR provisions be proportionate to the amount of affordable housing to be provided on the site, to increase the stock of affordable housing within the locality.


There are no impacts on Council’s Fit for the Future Improvement Plan.


Community Engagement

This report is seeking in principle support for preparing an amendment to the Mittagong DCP. Once detailed design controls have been developed, a draft amendment to the Mittagong DCP will be prepared and reported to Council to be endorsed for public exhibition. At that stage, the DCP will be formally exhibited for a minimum period of 28 days in accordance with the requirements of Environmental Planning and Assessment Act 1979 and its Regulations.

Internal Communication and Consultation

No internal consultation has occurred to date, however, detailed internal consultation will occur as part of the preparation of detailed design controls for the site.

External Communication and Consultation

Once detailed design controls have been developed, a draft amendment to the Mittagong DCP will be prepared and reported to Council. If the draft amendment to the DCP is endorsed by Council it will be formally exhibited for a minimum period of 28 days, including referral to appropriate State Government and non-Government agencies.




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Environment

There are no environmental issues in relation to this report.

Social

The development proposal includes a mix of residential housing types including affordable and seniors housing to meet the housing needs of our community.



Culture


Governance

There are no governance issues in relation to this report.


There are no budget implications in relation to this report.


There is no relevant Council policy for amending Council’s Development Control Plans.

OPTIONS


Option 1

Adopt the recommendation of the report.

Option 2

Provide in-principle support for the inclusion of site specific provisions into the Mittagong Town Plan Development Control Plan, including an increase in FSR irrespective of the proportion of affordable housing to be provided.

Option 3

Provide in-principle support for the inclusion of site specific provisions into the Mittagong Town Plan Development Control Plan with no increase in FSR or building height.

Option 4

Do not support an amendment to the Mittagong DCP to facilitate the proposed development concept.




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Option No.1 is the recommended option to this report.

CONCLUSION

The proposed development concept provides a unique opportunity to consolidate a large number of sites, and to develop a mixed residential development including affordable housing, seniors living and residential apartments. The proposal is seeking a significant increase in density, which has the potential to impact on the character and amenity of the area, if the proposal is not properly considered and assessed at the strategic planning stage.

It is recommended that Council provide in-principle support for the proposal, and that Council staff work with the proponent to prepare detailed design controls that will ensure that any future development of the site is in keeping with Council’s and the community’s expectations.

It is also recommended that any bonus FSR provisions be proportionate to the amount of affordable housing to be provided on the site, to increase the stock of affordable housing within the locality.

ATTACHMENTS

1. Attachment A - Subject Lands - circulated under separate cover

2. Attachment B - Proposed Development Concept - circulated under separate cover

3. Attachment C - Preliminary DCP Provisions - circulated under separate cover

Mark Pepping Deputy General Manager Corporate, Strategy and Development Services

Friday 9 November 2018



REPORT DEPUTY GENERAL MANAGER OPERATIONS, FINANCE AND RISK

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12 OPERATIONS FINANCE AND RISK

12.1 Contract: Supply and Delivery of Premixed Concrete

Reference: 6330/17.10 Report Author: Coordinator Procurement and Fleet Authoriser: Chief Financial Officer Link to Community Strategic Plan: Effective financial and asset management ensure Council's

long term sustainability

PURPOSE

The purpose of this report is to obtain Council approval to extend the existing Supply and Delivery of Premixed Concrete contract for an additional one (1) year.

RECOMMENDATION 1. THAT in relation to the report concerning the Supply and Delivery of Premixed

Concrete Contract Extension - Council adopts the recommendations contained within the Closed Council report – 22.1.

OR 2. THAT the report concerning the Supply and Delivery of Premixed Concrete

Contract Extension - 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.

The report is considered confidential in accordance with Section 10A(2)D(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclose prejudice the commercial position of the person who supplied it.

REPORT

BACKGROUND Council sought suitably qualified Contractors through an open and competitive tender process in May 2017 for the supply and delivery of premixed concrete to support Council’s capital infrastructure projects and maintenance programs. At its meeting 13 December 2017, Council accepted suppliers for the tender for Premixed Concrete Supply (MN568/17) which stated the following:




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THAT Council engage Boral Resources Pty Ltd and Concrite Pty Ltd on a panel arrangement for a unit rate for the supply of Premixed Concrete for a period of one (1) year.

The original tender was advertised with an option to extend the contract by an additional one (1) year; however the original Council resolution (above) did not include this provisional extension option within the accepted tender resolution. It is recommended that Council exercise its option to extend the contract by a further one (1) year, which is permissible under the tendered contract. General observations of the contract performance to date are that the contract has been performing well with no issues or problems identified. The initial one year contract period will expire on the 31 December 2018. If accepted the contract extension period will commence on the 1 January 2019 and will expire on the 31 December 2019.


Funding for supply and delivery of premixed concrete has been included in Council’s adopted Capital Works and Maintenance Programs.



Tenders are part of a commercial arrangement and therefore no community engagement is relevant.


Extensive consultation took place between Council’s procurement area and operational areas. This consultation included scope, technical requirements and evaluation methodologies.


Tenders are part of a commercial arrangement and therefore no external consultation is relevant.


Environment


Social







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Culture


Governance

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


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

CONCLUSION

The recommendation is documented in the report to Council’s Closed Committee.

ATTACHMENTS





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12.2 Tender for the Tree Supply and Storage - Station Street

Reference: 6330/18.4 Report Author: Project Manager Authoriser: Manager Project Delivery Link to Community Strategic Plan: Work collaboratively to improve and revitalise town and

village centres throughout the Shire

PURPOSE

The purpose of this report is to present the evaluation of the Request for Tender for the Tree Supply and Storage – Station Street, Bowral.

RECOMMENDATION

1. THAT in relation to the report concerning the Tree Supply and Storage – Station

Street, Council adopts the recommendations contained within the Closed Council report – Item 22.2.

OR 2. THAT the report concerning Tender for the Tree Supply and Storage – Station

Street be considered in Closed Council – Item 22.2.

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.

The report is considered confidential in accordance with Section 10A(2)D(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclose prejudice the commercial position of the person who supplied it.

REPORT

BACKGROUND

Wingecarribee Shire Council sought Tenders from appropriately qualified and experienced contractors for the Tree Supply and Storage – Station Street.

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 tender documents.




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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 relating to the advertised tender.

ADVERTISING

The tender advertising period was from the 4 September 2018 to 3 October 2018 (29 days). The tender was advertised as follows:

Newspaper / Website Date Advertised

Newspaper – Sydney Morning Herald 4 September 2018

Newspaper – Southern Highlands News 5 September 2018

Council’s Website For the duration of the advertising period

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

TENDERS RECEIVED One (1) tender submission was received:

Company Name Location Postcode

Taradiddle Pty Ltd Canyonleigh 2577

LATE TENDERS No tender submissions were received 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 were as follows:




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Mandatory Criteria:

Criteria

Public Liability Insurance- $20 million

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

Motor Vehicle Insurance - Comprehensive

Work Health and Safety Plan provided

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:

Criteria Weighting

Capability 5%

Experience - Relevant 5%

Specifications 5%

Service & Support 5%

Fit for Purpose 5%

Quality Assurance & Innovation 5%

Community & Social (including local content) 10%

Total 40% Summary of Selection Criteria & Weighting:

Selection Criteria

Criteria Weighting

Total Non-Cost Criteria 40%

Total Cost Criteria 60%

Total 100%

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


Funding for Tree Supply and Storage – Station Street has been included in Council’s adopted Capital Works Program.




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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


Tenders are part of a commercial arrangement and therefore no community engagement is required.

Internal Consultation

Extensive consultation has taken place between Council’s procurement area, open spaces and recreation, assets and project delivery areas. This consultation has included scope, technical requirements, and evaluation methodologies.

External Consultation

Tenders are part of a commercial arrangement and therefore no external consultation is required.


Environment


Social




Culture


Governance

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


Council’s 2017/18 Operational Plan includes an allocation 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.




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ATTACHMENTS

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





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13 CORPORATE STRATEGY AND DEVELOPMENT SERVICES

13.1 Development Applications Determined from 4 October 2018 to 5 November 2018

Reference: 5302 Report Author: Team Leader Business Support Authoriser: Group Manager Planning, Development and Regulatory

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


PURPOSE

The purpose of this report is to update Councillors on Development Applications Determined for the period 4 October 2018 to 5 November 2018

RECOMMENDATION THAT the information relating to Development Applications Determined for the period 4 October 2018 to 5 November 2018 be received and noted.

APPROVED APPLICATIONS BY DATE RANGE Date range: 4 October 2018 to 5 November 2018

Application

ID Primary Property Owner Description

Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

1 18/0274

5982 Illawarra Highway Avoca NSW

2577 Lot 2 DP 1031036

Karatal Holdings Pty Limited

Farm Building 15/03/2018 0 223 223 24/10/2018

2 19/0457 5 Renwick Drive

Balaclava NSW 2575 Lot 16 Sec 6 DP 841

B Candelori

Residential Alterations and Additions (Demolish

rear deck & laundry. Extension)

20/09/2018 0 34 34 25/10/2018

3 17/1365 104 Bowral Street

Bowral NSW 2576 Lot 1 DP 323163

N Hartnell Health Services Facility 28/09/2017 377 14 391 25/10/2018

4 17/1682.05 5 Rose Street Bowral NSW 2576 Lot A DP

363406

A Devlin, A Donohoe

Section 4.55 Modification (Internal

alterations & Extension) 21/09/2018 0 17 17 08/10/2018

5 18/0724 29-31 Holly Street


G Studd, H Studd

Dwelling House 20/06/2018 37 81 118 18/10/2018




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Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

6 19/0032 155 Merrigang Street Bowral NSW 2576 Lot

4 DP 1240587 ME Cawthorn Dwelling House 06/07/2018 37 70 107 22/10/2018

7 19/0067 14 Ginahgulla Drive


P Agius, RA Agius

Dwelling House 13/07/2018 0 88 88 09/10/2018

8 19/0092 12c Rose Street


JB Smith, D Smith

Dwelling House 19/07/2018 0 82 82 09/10/2018

9 19/0336 3 Merilbah Road


The Owner of 3 Merilbah

Change of Use (Proposed enlargement

of bed & breakfast operation from existing

approved two guest bedrooms to proposed three guest bedrooms )

29/08/2018 0 50 50 19/10/2018

10 19/0358 26 Caroline Avenue


M Boon, AC Boon

Dwelling House 03/09/2018 0 48 48 22/10/2018

11 19/0377 25 Linden Way Bowral NSW 2576 Lot 52 DP

846502

DS Wood, BA Wood

Residential Alterations and Additions (Extensions)

05/09/2018 0 42 42 17/10/2018

12 19/0427

61 Sir James Fairfax Circuit Bowral NSW

2576 Lot 303 DP 1234848

P Cragg, C Cragg

Dwelling House 13/09/2018 6 35 41 25/10/2018

13 19/0436

Ben Nevis 98-100 Mittagong Road


M Hillyer, S Hillyer

Residential Alterations and Additions (Internal)

14/09/2018 0 42 42 27/10/2018

14 19/0437 13 Carlisle Street


W Johnson, A Feros

Residential Alterations and Additions (Internal

alteration. Deck) 14/09/2018 0 28 28 12/10/2018

15 19/0009

17 Pikkat Drive Braemar NSW 2575 Lot 91 DP 1187747 Lot 7 DP 1208056

Willow Properties Pty Ltd

Subdivision (3 Lots) 03/07/2018 0 106 106 18/10/2018

16 17/0922.04

16-18 Rosenthal Avenue Bundanoon NSW 2578 Lot 10 &

Lot 11 Sec 2 DP 10378

Gb Johnston Section 4.55 Modification (Extensions)

21/08/2018 0 52 52 12/10/2018

17 18/0570

59 Greasons Road Bundanoon NSW

2578 Lot 2 DP 1241467

W Donnelly, M Donnelly

Dwelling House 15/05/2018 104 49 153 16/10/2018

18 19/0435

31 Garland Road Bundanoon NSW 2578 Lot 43 DP

263668

La Carr Residential Alterations and Additions (Garage)

14/09/2018 0 27 27 11/10/2018




Page | 61

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

19 19/0039

16 Sutherland Park Drive Burradoo NSW

2576 Lot 19 DP 1220167

R Tipping, M Tipping

Dwelling House 09/07/2018 27 73 100 18/10/2018

20 19/0297 2 Charlotte Street

Burradoo NSW 2576 Lot 811 DP 1176908

Harbison Memorial Retirement Village

Advertising Structure 22/08/2018 0 56 56 18/10/2018

21 19/0397 Links Road Burradoo NSW 2576 Lot 12 DP

270760

Petson No 2 Pty Limited, No Hope

Investments Pty Limited

Vegetation Clearing (Remove of 3 trees)

07/09/2018 0 47 47 24/10/2018

22 19/0327 14 Harman Street

Burrawang NSW 2577 Lot 24 DP 1694

B Hansen, R Hansen

Residential Alterations and Additions (Extensions)

28/08/2018 0 52 52 20/10/2018

23 19/0338 38 Azalea Street Colo Vale NSW 2575 Lot 1

DP 1239087

D Okeefe, E O'keefe

Residential Alterations and Additions (Shed)

30/08/2018 0 41 41 11/10/2018

24 16/1051.05 116 Ringwood Lane

Exeter NSW 2579 Lot 10 DP 1222769

S Chick Section 4.55

Modification (Additional window & skylight)

27/09/2018 0 21 21 18/10/2018

25 19/0044 92 Cornwall Road

Exeter NSW 2579 Lot 2 DP 1237042

N Streeting, B Streeting

Dwelling House 09/07/2018 27 71 98 15/10/2018

26 19/0461

Cherry Bank 158 Bundanoon Road

Exeter NSW 2579 Lots 10-12 DP1240942

R Hannan, M Hannan

Farm Building 21/09/2018 0 26 26 17/10/2018

27 06/0710.02 10 Wilsons Lane

Exeter NSW 2579 Lot 24 Sec 6 DP 3373

M Harden, D Harden

Section 4.55 Modification (Extensions)

16/08/2018 0 55 55 10/10/2018

28 13/0205.01 61 Sallys Corner Road Exeter NSW 2579 Lot

101 DP 1205383

Australian Property Syndicates P/L

Section 4.55 Modification (Relocate

Pylon Sign – McDonalds) 19/06/2018 0 121 121 18/10/2018

29 18/0723 Sproules Lane

Glenquarry NSW 2576 Lot 1 DP1054254

Pym Equipment Pty Limited

Dwelling House & Farm Shed incorporating Secondary Dwelling

20/06/2018 56 71 127 26/10/2018

30 19/0366

901 Kangaloon Road Glenquarry NSW 2576 Lot A DP 157968 Lot 2

DP 551821 Lots 2-7 DP 743262

L Webb Demolish Existing

Dwelling. Construct New Dwelling

04/09/2018 0 52 52 27/10/2018

31 19/0396 75 Jack Emery Lane

Glenquarry NSW 2576 Lot 21 DP 1019661

Jomalco Pty Ltd

Residential Alterations and Additions

(Extensions, Swimming Pool, Garage)

07/09/2018 0 49 49 27/10/2018

32 19/0445 71 Yeo's Road

Glenquarry NSW 2576 Lot 23 DP 1129868

A Grattan-Smith Farm Building 18/09/2018 0 32 32 20/10/2018




Page | 62

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

33 18/0366.01

1775 Wombeyan Caves Road High

Range NSW 2575 Lot 1 DP1210240

Enclosure Permit 43397

J Danaher

Section 4.55 Modification (Alter

conditions pertaining to Storm water)

12/09/2018 0 35 35 17/10/2018

34 19/0564

1871 Wombeyan Caves Road High

Range NSW 2575 Lot 4 DP 1210240

PM Johnson, NA Johnson


(Swimming Pool) 09/10/2018 0 14 14 23/10/2018

35 19/0440 Percy Street Hill Top

NSW 2575 Lot 789 DP 1226666

Pm Martin Residential Alterations

and Additions (Retaining Wall)

17/09/2018 0 28 28 15/10/2018

36 06/1057.02 17 Banksia Street Hill Top NSW 2575 Lot 15

DP 260997

SN Lindsay LM Lindsay

Section 4.55 Modification (Extensions

and Shed) 28/08/2018 0 49 49 16/10/2018

37 17/0697.04 1300 Joadja Road

Joadja NSW 2575 Lot 3 DP 1142305

MB Butcher, MG Richardson

Section 4.55 Modification (Reduce

Footprint) 10/10/2018 0 2 2 12/10/2018

38 17/1542.04 62 Oxley Drive

Mittagong NSW 2575 Lot 7 Sec 31 DP 1338

RMV Figtree


Sewer Pumping System to Gravity Sewerage

System for 2 Lot Subdivision)

21/09/2018 0 26 26 18/10/2018

39 17/1789.04

49-51 Oxley Drive Mittagong NSW 2575

Lot 4 DP 13879 Lot 5 DP 13879

EG Hartnup, M Hartnup

Section 4.55 Modification (Remove

Trees) 30/08/2018 0 48 48 17/10/2018

40 19/0299

Gibbergunyah Daycare 36 Etheridge

Street Mittagong NSW 2575 Lot 12 DP

597379

Hootir Pty Ltd

Section 4.55 Modification (Extend

hours of operation from 8am to 6pm to 7am to

6.30pm)

22/08/2018 0 56 56 18/10/2018

41 19/0337 35 Evans Street

Mittagong NSW 2575 Lot A DP 373343

C Muir


(Alterations to existing garage and carport)

30/08/2018 5 42 47 16/10/2018

42 19/0402 6 Bong Bong Road

Mittagong NSW 2575 Lot 2 DP 562172

V Constantine Subdivision (2 Lots) 10/09/2018 0 38 38 18/10/2018

43 19/0426 31 Duke Street

Mittagong NSW 2575 Lot 12 DP 1071207

S Clarke, B Factor


13/09/2018 0 37 37 20/10/2018

44 19/0002 12 Valetta Street

Moss Vale NSW 2577 Lot 6 DP 999151

K Baguley, L Baguley


45 19/0038 27 Torulosa Drive


M Furness, R Furness

Dwelling House 06/07/2018 25 76 101 17/10/2018




Page | 63

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

46 19/0060 81 Suttor Road Moss Vale NSW 2577 Lot 6

DP 710556

D Lopez, J Catlin

Residential Alterations and Additions (New family room, entry

porch. Alter internal layout)

12/07/2018 0 83 83 04/10/2018

47 19/0061 1 Torulosa Drive Moss

Vale NSW 2577 Lot 116 DP 1232222

G Merchant, C Merchant

Dwelling House & Garage (detached)

12/07/2018 0 94 94 15/10/2018



RM Noakes Dwelling House 17/07/2018 0 84 84 09/10/2018

49 19/0169 1 Francis Street Moss

Vale NSW 2577 Lot 4077 DP 1242576

M Weston, S Weston

Dwelling House 02/08/2018 10 66 76 18/10/2018

50 19/0219 68 Broughton Street Moss Vale NSW 2577 Lot 4005 DP 1242576

L Maruca Dwelling House 10/08/2018 14 46 60 10/10/2018

51 19/0244 45 Narellan Road


C Young, L Young

Dwelling House & Garage (detached)

14/08/2018 0 61 61 15/10/2018

52 19/0245 404 Nowra Road


K Hill, E Hill

Dwelling House 14/08/2018 20 45 65 20/10/2018



M Ieremia, L Ieremia

Dwelling House, Garage (detached) & Retaining

Wall 21/08/2018 4 48 52 13/10/2018

54 19/0378 35 Watkins Drive


SW Davis, KM Davis

Dwelling House 06/09/2018 25 27 52 29/10/2018

55 19/0420 8 Stanley Terrace


S Pervanoglu, C Pervanoglu

Residential Alterations and Additions (Garage)

13/09/2018 0 28 28 11/10/2018

56 18/0378 Mackellar Circuit

Renwick NSW 2575 Lot 900 DP 1210273

Minister For Community Services &

Assistant Minister For Health


57 19/0150 24 Mackellar Circuit Renwick NSW 2575

Lot 6204 DP 1241316

ZM Fittler, MJ Fittler

Dwelling House 30/07/2018 21 43 64 04/10/2018

58 19/0183 68 Challoner Rise


R Gray, PR Gray

Dwelling House 03/08/2018 15 46 61 04/10/2018



DM Wales Dwelling House 08/08/2018 33 42 75 23/10/2018




Page | 64

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

60 19/0276 27 Oldfield Road


KM Jones, SN Mcinnes

Dwelling House 20/08/2018 0 46 46 06/10/2018

61 19/0296 4 Jefferis Avenue


L Bellia,Dj Bellia Dwelling House 22/08/2018 0 44 44 06/10/2018

62 19/0296.04 4 Jefferis Avenue


L Bellia, DJ Bellia

Section 4.55 Modification (Delete

condition 8 Proximity to Substation )

18/10/2018 0 4 4 22/10/2018

63 19/0326

68 George Cutter Avenue Renwick NSW

2575 Lot 1243 DP 1221207

DB McCann, K McCann

Dwelling House 28/08/2018 1 47 48 16/10/2018

64 19/0331 9 Allen Avenue


S Orski, T Orski

Dwelling House 28/08/2018 6 51 57 24/10/2018

65 19/0339 15 Roty Avenue


J Urquhart Dwelling House 30/08/2018 0 52 52 22/10/2018

66 19/0341


2575 Lot 65 DP 1221206

B Philip, D John

Dwelling House 30/08/2018 0 45 45 15/10/2018

67 19/0346 30 Guthawah Way Renwick NSW 2575 Lot 701 DP 1234984

Ml Donoghue, M Corfield

Dwelling House 31/08/2018 4 49 53 24/10/2018

68 19/0375


2575 Lot 70 DP 1221206

T Rudd, A Hughes

Dwelling House 05/09/2018 2 46 48 24/10/2018

69 19/0376


2575 Lot 66 DP 1221206

A Johnson Dwelling House 05/09/2018 2 46 48 24/10/2018

70 19/0383 17 Green Street


A Goldfinch, K Wills

Dwelling House 06/09/2018 2 43 45 22/10/2018

71 19/0394 7 Roty Avenue


I Cameron Dwelling House 07/09/2018 0 45 45 22/10/2018

72 19/0411 32 Maxted Street


T Wang Dwelling House 11/09/2018 0 38 38 19/10/2018



K Flegg Dwelling House 24/09/2018 0 34 34 29/10/2018




Page | 65

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised



M Warn, M Gates


(Swimming Pool) 26/09/2018 0 12 12 09/10/2018



KM Jones, S Mcinnes


(Swimming Pool) 09/10/2018 0 13 13 22/10/2018

76

12/0154.02

558 Belmore Falls Road Robertson NSW

2577 Lot 1 DP 1149647

Lot 2 DP 1149647

SJH Natilli

Section 4.55 Modification (Alter from

framed structure with weatherboards on bearers & joists to

rammed earth perimeter wall on

concrete slab)

09/07/2018 0 107 107 24/10/2018

77 18/0521

30 Coney Hatch Lane Sutton Forest NSW

2577 Lot 21 DP 705790

K Lovett, C Morris

Residential Alterations and Additions (Add 2nd

story. Internal alterations)

07/05/2018 98 58 156 10/10/2018

78 18/0761

7312 Illawarra Highway Sutton

Forest NSW 2577 Lot 8 DP 32

Lot 9 DP 32

A Stephen, J Stephen


(Swimming Pool & Tennis Court)

26/06/2018 33 77 110 16/10/2018

79 19/0227 460 Golden Vale Road

Sutton Forest NSW 2577 Lot 3 DP 244195

N Webster, K Webster


(Swimming Pool) 13/08/2018 0 57 57 09/10/2018

80 15/0916.06 10 DRAPERS ROAD WILLOW VALE NSW

2575 No Related Land

JA Williams, AN Williams


sewerage infrastructure) 28/09/2018 0 11 11 09/10/2018

81 19/0055.03

12 Ritchie Road Willow Vale NSW

2575 Lot 5 DP 1240585

C Williams, C Williams

Dwelling House 27/07/2018 0 80 80 15/10/2018

82 19/0065


2575 Lot 8 Sec 1 DP 2687

S Armstrong, K Armstrong

Dwelling House 13/07/2018 12 88 100 22/10/2018

83 19/0116.03


2575 Lot 3 DP 1240585

D Dalli, K Dalli

Dwelling House 07/08/2018 0 71 71 18/10/2018

84 19/0330


2575 Lot 3 DP 1240585

D Dalli, K Dalli


28/08/2018 14 43 57 25/10/2018

85 19/0307

33 Camden Street Wingello NSW 2579

Lot 17 Sec 2 DP 759097

A Davies, K Banwell

Dwelling House 24/08/2018 0 41 41 04/10/2018




Page | 66

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

86 19/0412 16 Sierra Street

Yerrinbool NSW 2575 Lot 79 DP 11780

T Lawer, Tj Clarke


11/09/2018 0 22 22 04/10/2018

87 19/0403 23 Rose Street Bowral

NSW 2576 Lot 4 DP 612724

Jm Rose-Innes Residential Alterations

and Additions (Extension)

10/09/2018 0 50 50 30/10/2018

88 19/0364 251 Ferndale Road Bundanoon NSW

2578 Lot 1 DP 119188 Hemani Pty Ltd Farm Shed 04/09/2018 0 56 56 30/10/2018

89 11/1092.03 Pool Donkin Avenue Moss Vale NSW 2577 Part Lot 3 DP 1108992

Wingecarribee Shire Council

Section 4.55 Modification (Modify Hours of Operation)

23/02/2018 0 249 249 30/10/2018



Z Berry, CF Gazzi

Dwelling House 29/08/2018 8 53 61 30/10/2018



B Kirby Dwelling House 06/09/2018 7 47 54 30/10/2018



SB Sinclair Dwelling House 10/09/2018 0 49 49 30/10/2018



AM Brooks, A Brooks

Dwelling House 28/09/2018 0 32 32 30/10/2018



S Rodrigues, KA Rodrigues

Dwelling House 28/09/2018 0 32 32 30/10/2018

95 19/0483 55 Morris Road

Woodlands NSW 2575 Lot 1 DP 619170

N Mcleod


(Alterations to Rural Workers Cottage)

25/09/2018 0 34 34 30/10/2018

96 19/0549 56 Park Avenue

Aylmerton NSW 2575 Lot 16 Sec 1 DP 10484

ND Kenaly, KM Kenaly

Dwelling House 05/10/2018 0 28 28 03/11/2018

97 17/1361.06 1 Kirkham Road


MD Hughes Section 4.55

Modification (Tree Removal)

25/10/2018 0 8 8 03/11/2018

98 18/0667.01 2 Merilbah Road


SM Giles, R Strange

Section 4.55 Modification (Alter roof

colour & material) 02/10/2018 0 31 31 03/11/2018

99 19/0208 4 Warwick Close


M Ballat, D Ballat

Dwelling House 09/08/2018 35 49 84 01/11/2018

100 19/0301 41 Rowland Road


A Cleary, DG Cleary

Dual Occupancy (Detached)

23/08/2018 0 71 71 03/11/2018




Page | 67

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

101 19/0014.01

10 Sutherland Park Drive Burradoo NSW

2576 Lot 16 DP 1220167

R Morgan Section 4.55

Modification (Alter setback)

03/10/2018 0 32 32 05/11/2018

102 19/0145 1-9 Church Avenue

Colo Vale NSW 2575 Lot 2 DP 1010179

S Perinich, M Perinich

Farm Building 27/07/2018 0 95 95 31/10/2018

103

19/0013 200 Wilson Drive Hill Top NSW 2575 Lot 6

Sec 1 DP 6221

AM Hill, KM Hill

Dwelling House 03/07/2018 39 85 124 05/11/2018

104 18/0619 597 Argyle Street

Moss Vale NSW 2577 Part Lot 1 DP 1075066

JE Jarrett, CS Jarrett


105 19/0163

28 Browley Street Moss Vale NSW 2577

Lot 1 DP 14457 Lot A DP 376230

S Blackley Residential Alterations and Additions (Shed)

01/08/2018 30 62 92 02/11/2018

106 19/0456 34 Roty Avenue


LW Hunt, KR Hunt

Dwelling House 20/09/2018 0 42 42 02/11/2018

107 19/0467 26 Mackellar Circuit Renwick NSW 2575

Lot 6203 DP 1241316

GA Smith, CS Smith

Dwelling House 21/09/2018 0 40 40 01/11/2018



Ta McGowan, C McGowan, LG McGowan

Dwelling House 26/09/2018 0 39 39 05/11/2018



JD Elatm, C Elatm

Dwelling House 28/09/2018 0 37 37 05/11/2018



DA Wane, KM Perala

Dwelling House 02/10/2018 0 33 33 05/11/2018



M Perinich, S Perinich

Dwelling House 02/10/2018 0 33 33 05/11/2018

112 19/0543


2575 Lot 138 DP 1221206

M Cleary Dwelling House 05/10/2018 0 27 27 02/11/2018



B Phillips, R Phillips

Dwelling House 08/10/2018 0 24 24 02/11/2018

114 19/0098

Winterlee 1288 Belmore Falls Road

Wildes Meadow NSW 2577 Lot 4 DP

1048960

A Harrisson, J McIntyre

Subdivision (Boundary Adjustment)

19/07/2018 40 67 107 05/11/2018




Page | 68

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

115 18/0750

4B Drapers Road Willow Vale NSW

2575 Lot 3 DP 1221560

Z Roberson, C Roberson

Dwelling House 25/06/2018 53 77 130 02/11/2018

116 19/0064 2 Ritchie Road Willow Vale NSW 2575 Lot 6

DP 1240585

Pr Dawes, CA Dawes

Dwelling House 13/07/2018 39 75 114 05/11/2018

REFUSED APPLICATIONS

Application ID

Primary Property Owner Description Date Lodged Days

Stopped Assess Days

Total Days

Date Finalised

15/0076.01

158 Merrigang Street Bowral NSW

2576 Lot 158 DP 1099950

E D Francesco

Section 4.55 Modification (Remove

Condition 26 relating to stormwater and road

widening)

13/12/2017 0 310 310 08/10/2018

Reasons for Refusal

1. The construction of Kerb and Gutter infrastructure and associated drainage civil works is required to assist in storm water management and also traffic management in Isabel Street Bowral. Section 4.15(1)(b) Environmental Planning and Assessment Act 1979

2. The provision of 40m of upvc 150mm pipe in Council’s Road Reserve is not supported in order to connect the development to Councils existing storm water management infrastructure without formalized Kerb and Gutter. Section 4.15(1)(b) Environmental Planning and Assessment Act 1979

3. The provision of Kerb and Gutter and drainage is required to provide a legal point of discharge of storm water for the development. The street topography and discharge point as proposed would not support the proposed modified storm water management system. Section 4.15(1)(b) Environmental Planning and Assessment Act 1979

4. The proposed Kerb and Gutter civil infrastructure provides a logical extension of the Kerb and Gutter from Merrigang Street Bowral along Isabel Street Bowral for the purposes of formalization of storm water management. Section 4.15(1)(b) Environmental Planning and Assessment Act 1979

5. The proposed modification is not the public interest.

Section 4.15(1)(e) Environmental Planning and Assessment Act 1979




Page | 69

ATTACHMENTS





Page | 70

13.2 Development Applications Received from 4 October

2018 to 5 November 2018

Reference: 5302 Report Author: Team Leader Business Support 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 the Development Applications received in the period from 4 October 2018 to 5 November 2018

RECOMMENDATION THAT the information relating to Development Applications Received from 4 October 2018 to 5 November 2018 be received and noted.

RECEIVED APPLICATIONS BY DATE RANGE Date range: 4 October 2018 to 5 November 2018

Application


Date Lodged

Council Decision Determined

Date

Weekly Circular

1 19/0549

56 Park Avenue Aylmerton NSW

2575 Lot 16 Sec 1 DP 10484

ND Kenaly, KM Kenaly

Dwelling House 05/10/2018 #PENDING

2 19/0639

151 Greenhills Road Berrima NSW

2577 Lot 6 DP 1214829

Kl Compagnoni, G Compagnoni


3 17/1361.06 1 Kirkham Road


MD Hughes Section 4.55

Modification (Tree removal)

25/10/2018 #PENDING

4 18/0555.03

Station Masters Residence, 25-29

Station Street Bowral NSW 2576 Lot 1 DP 855131

2529 Custodians Pty

Ltd

Change of Use (Dental Surgery)

12/10/2018 #PENDING

5 19/0550

151 Merrigang Street Bowral NSW

2576 Lot 7 DP 1240587

A Swift, S Swift





Page | 71

Application


Date Lodged


Date

Weekly Circular

6 19/0552 31 Price Street


El Donnelly

Residential Alterations and Additions (Front

Verandah)

08/10/2018 #PENDING

7 19/0574 39-41 Aitken Road Bowral NSW 2576 Lot 11 DP 633966

Lendlease Retirement

Living Holding Pty

Limited

Residential Aged Care Facility

10/10/2018 #PENDING

8 19/0583

16 Caroline Avenue Bowral NSW 2576

Lot 114 DP 1231974

S Sell

Residential Alterations and

Additions (Detached Garage)

12/10/2018 #PENDING

9 19/0586 42 Boolwey Street Bowral NSW 2576 Lot 5 DP 550528

Elephant Holdings Pty

Limited

Demolish existing dwelling & construct new dwelling house.

12/10/2018 #PENDING

10 19/0605

52 Bendooley Street Bowral NSW

2576 Lot 1 DP 119351

Lot 2 DP 119351 Lot 3 DP 119351

A Zink, ME Zink

Residential Alterations and Additions (Roof

addition and partially enclose existing

terrace)

16/10/2018 #PENDING

11 19/0606

22 Caroline Avenue Bowral NSW 2576

Lot 116 DP 1231974

E Ergaver Dwelling House.

Swimming Pool & Pool Shed

17/10/2018 #PENDING

12 19/0623

471 Moss Vale Road Bowral NSW

2576 Lot A DP 20573

Rafson Properties Pty

Limited

Demolish existing dwellings. Construct

11 multi-dwelling units.

19/10/2018 #PENDING

13 19/0632 34 Victoria Street Bowral NSW 2576 Lot 34 DP 1238715

EP Nichols, B Nichols

Partial Demolition, Residential

Alterations and Additions (Extension.

Garage. Pergola)

22/10/2018 #PENDING

14 19/0646

106 Old South Road Bowral NSW

2576 Lot C DP 103641

Ja Newell, G Newell


Additions (Extension – Sun Room)

24/10/2018 #PENDING

15 19/0654

66 Sir James Fairfax Circuit


K Faul, J Faul


16 19/0658

26 Mansfield Road Bowral NSW 2576

Lot 104 DP 1227641

S Wright, J Bradley


Additions (Swimming Pool)

25/10/2018 #PENDING

17 03/0786.06

133 Old Bowral Road Bowral NSW 2576 Lot 2345 DP

1110446

Old Bowral Estate Pty

Limited

Section 4.55 Modification

(Amendments to Conditions)

19/10/2018 #PENDING




Page | 72

Application


Date Lodged


Date

Weekly Circular

18 19/0554

Braemar Avenue Braemar NSW 2575 Lot 23 DP

569435

R Arki, M Arki

Secondary Dwelling 08/10/2018 #PENDING

19 19/0644

3/11 Pikkat Drive Braemar NSW 2575 Lot 3 S/P

90878

Aerostar 600 Pty Ltd

Change of Use (Artisan premises –

fermented beverages)

24/10/2018 #PENDING

20 19/0572

56 Greasons Road Bundanoon NSW 2578 Lot 222 DP

1214182

W Norris Dwelling House and

Detached Shed 10/10/2018 #PENDING

21 19/0598

60 Garland Road Bundanoon NSW 2578 Lot 27 DP

263668

PR Lawrence, NA Lawrence

Residential Alterations and Additions (Deck)

16/10/2018 #PENDING

22 16/1198.08

2 Charlotte Street Burradoo NSW

2576 Lot 811 DP 1176908

Harbison Memorial

Retirement Village


(Modification to bushfire condition and construction

vehicle access condition)

09/10/2018 #PENDING

23 19/0596

9 Yean Street Burradoo NSW 2576 Lot 14 DP

550978

PD Morris, JA Morris


Additions (Extensions & Garage)

15/10/2018 #PENDING

24 19/0652

8-10 Riversdale Avenue Burradoo NSW 2576 Lot 10

DP 241015

JM Nielsen


Additions (Extensions)

25/10/2018 #PENDING

25 19/0660

16 Osborne Road Burradoo NSW 2576 Lot 68 DP

13057

IE Pech Demolish Existing

Dwelling 26/10/2018 #PENDING

26 19/0618

300 Hawkshill Road Canyonleigh NSW

2577 Lot 13 DP 263466

GG Hook Demolish Existing

Dwelling. New Dwelling

18/10/2018 #PENDING

27 19/0538

4 Geebung Close Colo Vale NSW

2575 Lot 213 DP 1245987

JR Flemming, SA Riley


28 19/0615


2575 Lot 202 DP 1245987

TA Bentley, J Bentley


29 19/0627


2575 Lot 210 DP 1245987

PM Jackson, S Burgess





Page | 73

Application


Date Lodged


Date

Weekly Circular

30 19/0647

1750 Tourist Road East Kangaloon

NSW 2576 Lot 1 DP 879978

A Pickering, J Pickering


24/10/2018 #PENDING

31 19/0626 19-25 School Lane Exeter NSW 2579 Lot 2 DP 606601

BW Walker



22/10/2018 #PENDING

32 19/0634

514 Sallys Corner Road Exeter NSW

2579 Lot 1 DP 1237682

G Mckenzie, MA Mckenzie

Dwelling House. Secondary Dwelling

22/10/2018 #PENDING

33 19/0661

23 Middle Road Exeter NSW 2579

Lot 7 Sec 6 DP 3373

DK Cochran, AN Baldo


34 19/0601

861 Nowra Road Fitzroy Falls NSW

2577 Lot 2 DP 777480

Toromont Pty Ltd



16/10/2018 #PENDING

35 19/0564

1871 Wombeyan Caves Road High Range NSW 2575 Lot 4 DP 1210240

PM Johnson, NA Johnson



09/10/2018 #APPROVED 23/10/2018

36 19/0539 33 Denison Street Hill Top NSW 2575 Lot 2 DP 1196571

T Grant, R Waine


37 19/0555 60 Wilson Drive

Hill Top NSW 2575 Lot 3 DP 711798

Ay Saunders Dwelling House 08/10/2018 #PENDING

38 17/0697.04 1300 Joadja Road Joadja NSW 2575 Lot 3 DP 1142305

M Butcher, M Richardson

Section 4.55 Modification (Reduce footprint of dwelling

house)

10/10/2018 #APPROVED 12/10/2018

39 15/0173.03

Zenith 225 Oxley Drive Mittagong NSW 2575 Lot 47

DP 15496

J Lapidos


(Extension. New Deck)

08/10/2018 #PENDING

40 15/0425.03

Webb Street Mittagong NSW 2575 Lot 4 DP

1174965

W Scott, S Edwards

Section 4.55 Modification (Reduce

floor area. Simplify roof design. Relocate

pool)

17/10/2018 #PENDING

41 19/0547

14 Payten Street Mittagong NSW 2575 Lot 52 DP

1102673

N Parkes, BC Parkes


05/10/2018 #PENDING

42 19/0630

14 Duke Street Mittagong NSW 2575 Lot 12 DP

581070

Blackbrook Nominees Pty

Ltd


(Replace windows and retaining wall)

22/10/2018 #PENDING




Page | 74

Application


Date Lodged


Date

Weekly Circular

43 16/1068.04

Francis Street Moss Vale NSW

2577 Lot 4084 DP 1242576

Darraby Pty Limited,

Broughton Street Moss

Vale Pty Limited


(Relocate Public Reserve)

19/10/2018 #PENDING

44 18/0031.03

73 Lytton Road Moss Vale NSW 2577 Lot 1 DP

746930

M.V.I.S.C Pty Ltd

Section 4.55 Modification (bulky

goods premises, light industry & storage

premises)

16/10/2018 #PENDING

45 18/0508.03

36 Valetta Street Moss Vale NSW 2577 Lot 1 DP

1071732

S Reynolds, RM Reynolds


(Garage, Additions) 12/10/2018 #PENDING

46 19/0585

3 Torulosa Drive Moss Vale NSW 2577 Lot 117 DP

1232222

T Buxton, DM Buxton


47 19/0600

1 Salamander Place Moss Vale NSW 2577 Lot 1 DP

1221913

LN Rangitaawa Exhibition Home and

Signage 16/10/2018 #PENDING

48 19/0602


1232222

RM Shields, MM Gordon


49 19/0603

Headlam Road Moss Vale NSW

2577 Lot 2010 DP 1187522

Lot 2011 DP 1187522

Waratah Thoroughbreds

Pty Limited


Additions (Partial demolition of existing dwelling. Extensions

& Internal Alterations)

16/10/2018 #PENDING

50 19/0604

Headlam Road Moss Vale NSW

2577 Lot 2010 DP 1187522

Lot 2011 DP 1187522

Waratah Thoroughbreds

Pty Limited


Additions (Extensions & Internal Alterations)

16/10/2018 #PENDING

51 19/0607

74 Broughton Street Moss Vale

NSW 2577 Lot 4008 DP 1242576

A Fair, KA Fair


52 19/0614

86 Broughton Street Moss Vale

NSW 2577 Lot 4061 DP 1242576

CK Campbell Dwelling House 18/10/2018 #PENDING

53 19/0638

5a Hazelton Drive Moss Vale NSW 2577 Lot 2 DP

1214570

JM Bullick, A Bullick





Page | 75

Application


Date Lodged


Date

Weekly Circular

54 19/0642

1 Warrawong Drive Moss Vale NSW 2577 Lot 105 DP

1232222

Ruxley Bay No 3 Pty Ltd

Dual Occupancy (Detached) &

Subdivision (2 Lots) 24/10/2018 #PENDING

55 19/0643


1232222

Ruxley Bay No 3 Pty Ltd

Dual Occupancy (Detached)

24/10/2018 #PENDING

56 19/0655

Kilwinning 344 Headlam Road

Moss Vale NSW 2577 Lot 2 DP

774529

S Hanrahan, FE Hanrahan

New Dwelling. Convert existing

dwelling to Farm Stay Accommodation

25/10/2018 #PENDING

57 18/0751.05

6 Allen Avenue Renwick NSW 2575

Lot 142 DP 1221206

M Warn, M Gates

Section 4.55 Modification (Extend

excavation to 3m from rear boundary)

24/10/2018 #PENDING

58 19/0296.04 4 Jefferis Avenue


L Bellia, D Bellia

Section 4.55 Modification (Delete condition 8 Proximity

to Substation )

18/10/2018 #APPROVED 22/10/2018

59 19/0543

8 George Cutter Avenue Renwick

NSW 2575 Lot 138 DP 1221206

M Cleary Dwelling House 05/10/2018 #PENDING

60 19/0556

21 Oldfield Road Renwick NSW 2575

Lot 125 DP 1221206

B Phillips, R Phillips




KM Jones, SN Mcinnes



09/10/2018 #APPROVED 22/10/2018

62 19/0560


NSW 2575 Lot 139 DP 1221206

SG Lim Dwelling House 09/10/2018 #PENDING



GDT O'toole Dwelling House 10/10/2018 #PENDING

64 19/0629


NSW 2575 Lot 112 DP 1221206

GR Iveson Dwelling House 22/10/2018 #PENDING

65 19/0636

10 Allen Avenue Renwick NSW 2575

Lot 144 DP 1221206

C Gratsounas Dwelling House 23/10/2018 #PENDING




Page | 76

Application


Date Lodged


Date

Weekly Circular

66 19/0649

46 George Cutter Avenue Renwick NSW 2575 Lot 67

DP 1221206

BG Dickinson, SA Dickinson


67 18/0423.01

22 Caalong Street Robertson NSW 2577 Lot 1 DP

128039

TE Moran

Section 4.55 Modification (Amend Boundary between 2

Lots)

24/10/2018 #PENDING

68 18/0758.05

Quiet Hills 1 Old Jamberoo Road Robertson NSW 2577 Lot 1 DP

126614

Southern Land Holdings Pty Ltd

Section 4.55 Modification (Reduce depth of roof of stock

feed shed. Add another container

similar to machinery shed)

16/10/2018 #PENDING

69 19/0540

271 Gordons Track (Priv.) Robertson

NSW 2577 Lot 4 DP 843560

BJ Davis

Demolish existing shed. New barn style

shed and garage /storage shed.

04/10/2018 #PENDING

70 19/0542

4 Old Jamberoo Road Robertson

NSW 2577 Part Lot 59 DP 13350

A Upward Dwelling House 05/10/2018 #PENDING

71 19/0656

151 McEvilly Road Robertson NSW 2577 Lot 3 DP

860218

Zack Property Pty Ltd


25/10/2018 #PENDING

72 19/0662

51 Kater Road Sutton Forest NSW

2577 Lot 1 DP 1081472

Lot 2 DP 1081472

Arthing Pty Ltd



26/10/2018 #PENDING

73 10/0414.03

144 Mt Broughton Road Werai NSW

2577 Lot 1 DP 804846

IM Scandrett, JA Scandrett


(Re-site and increase size of shed)

11/10/2018 #PENDING

74 19/0566

100 Blencowes Lane Wildes

Meadow NSW 2577 Lot 12 DP

586550

Joamel Holdings Pty Ltd


Additions (Convert existing farm building

to secondary dwelling)

09/10/2018 #PENDING

75 19/0568

662 Myra Vale Road Wildes

Meadow NSW 2577 Lot 6 DP

737470 Lot 307 DP 751262

Aalhuizen Nominess Pty

Limited Dwelling House 09/10/2018 #PENDING




Page | 77

Application


Date Lodged


Date

Weekly Circular

76 19/0553

20 Kiandra Crescent

Yerrinbool NSW 2575 Lot 21 DP

1041344

BS Todd, MM Reid


08/10/2018 #PENDING

77 19/0650

Lot 14 14 Links Avenue Yerrinbool NSW 2575 Lot 14

DP 246522

E Gault, J Collins


Additions (Shed) 24/10/2018 #PENDING

78 19/0664

29 Trelm Place Moss Vale NSW 2577 Lot 54 DP

262845

PY Fulton



29/10/2018 #PENDING

79 19/0670

Royal Hotel 255-261 Bong

Bong Street Bowral NSW 2576 Lot 11

DP 547653

Marthel Holdings Pty Ltd

Commercial Internal/External

Alterations & New Signage

29/10/2018 #PENDING



SG Coffee, AM Coffee


81 19/0677

36 Azalea Street Colo Vale NSW 2575 Lot 2 DP

1239087

T Hitchens Dwelling House 30/10/2018 #PENDING

82 19/0676

50 Telopea Road Hill Top NSW 2575

Lot 33 Sec 5 DP 10173

S Petkov, J Petkova

Secondary Dwelling 30/10/2018 #PENDING

83 19/0679


NSW 2575 Lot 107 DP 1221206

C Hines Dwelling House 30/10/2018 #PENDING

84 16/0491.01

Miranda Park 254 Centennial Road

Bowral NSW 2576 Lot 1 DP 435373 & Lot 5a DP 16192 & Lot 1 DP 126196

Windbelt Pty Ltd


Temporary use of Land (Outdoor

Concerts)

05/11/2018 #PENDING

85 17/1306.03

67 Bendooley Street Bowral NSW

2576 Lot 2 DP 313891

Jae Kropf Section 4.55 Modification

(Pergola) 05/11/2018 #PENDING

86 19/0682 38 Merrigang

Street Bowral NSW 2576 Lot 8 DP 9661

Merrigang Street Pty Ltd

Health Services Facility

(Convert existing dwelling to

accommodate Dermatology

Practice)

31/10/2018 #PENDING




Page | 78

Application


Date Lodged


Date

Weekly Circular

87 19/0692

19 Ayrshire Parade Bowral NSW 2576

Lot 215 DP 1239600

J Prugovecki,

C Prugovecki Dwelling House 01/11/2018 #PENDING

88 19/0704 30 Oxley Drive


E Gorman,

D Gorman



05/11/2018 #PENDING

89 19/0712

Highland Arcarde 279-293 Bong

Bong Street Bowral NSW 2576 Lot

2791 DP 1107202 Lot 2792 DP

1107202

Sharjag Pty Limited

Change of Use (Food Outlet)

05/11/2018 #PENDING

90 19/0693

1 Willis Street Bundanoon NSW 2578 Lot 13 DP

1040826

Maxson Developments

Pty Ltd


Additions (Carport) 01/11/2018 #PENDING

91 19/0694

2 Charlotte Street Burradoo NSW

2576 Lot 811 DP 1176908

Harbison Memorial

Retirement Village

Residential Aged Care Facility

(72 Bed Assisted Living)

02/11/2018 #PENDING

92 19/0683

1 Jasmine Street Colo Vale NSW 2575 Lot 1 DP

748084

M Tritico,

L Tritico

Dual Occupancy (Attached) and


31/10/2018 #PENDING

93 19/0689

1771 Kangaloon Road Kangaloon NSW 2576 Lot 22

DP 1229390

C Francis,

SM O'neill Dwelling House 31/10/2018 #PENDING

94 19/0703

19 Sedgman Avenue Mittagong NSW 2575 Lot 40

DP 26716

JM Downie,

AM Downie


02/11/2018 #PENDING

95 19/0244.04

45 Narellan Road Moss Vale NSW 2577 Lot 134 DP

1232222

C Young,

L Young


(Demolish detached garage)

02/11/2018 #PENDING

96 19/0690

220 Yarrawa Road Moss Vale NSW 2577 Lot 3 DP

76141

MT Farming Pty Ltd

Demolish existing cottage. Construct new dwelling and

secondary dwelling (detached)

01/11/2018 #PENDING




Page | 79

Application


Date Lodged


Date

Weekly Circular

97 19/0701

96 Darraby Drive Moss Vale NSW

2577 Lot 4012 DP 1242576

J Mckenna,

K Mckenna Dwelling House 02/11/2018 #PENDING

98 19/0702

2 Hampton Court Moss Vale NSW 2577 Lot 101 DP

1001704

La Rochaix,

S Haertsch


Additions (Studio) 02/11/2018 #PENDING

99 12/0267.02

3923 Illawarra Highway Mount

Murray NSW 2577 Lot 2 DP 808992

A Legisa Section 4.55 Modification

(Internal Alterations) 31/10/2018 #PENDING

100 19/0697

12 De Lauret Street Renwick NSW 2575

Lot 2022 DP 1167491

K Dunnohew Residential

Alterations and Additions (Shed)

02/11/2018 #PENDING

101 19/0687

53 Shierlaw Road Robertson NSW 2577 Lot 192 DP

751302 Lot 1 DP 821765

M Holmes

Section 4.55 Modification (Delete condition 7 relating

to power connection)

31/10/2018 #PENDING

102 17/1228.05

2680 Old Hume Highway

Woodlands NSW 2575 Lot 10 DP

776861

V Scanlan,

D Scanlan

Section 4.55 Modification (Delete

condition 22 – Imported Waste Fill)

31/10/2018 #PENDING




Page | 80

ATTACHMENTS





Page | 81

13.3 DA 18/0296 - Covered Equestrian Arena and Stables

Building - 60 Ringwood Lane, Exeter

Reference: 18/0296 Report Author: Senior Town Planner Authoriser: Group Manager Planning, Development and Regulatory

Services Applicant: A.D. Lungerhausen c/- Bureaucracy Busters Owner: D. Lungerhausen Link to Community Strategic Plan: Conserve the key natural resources of the Shire and


PURPOSE

The purpose of this report is to consider Development Application 18/0296 which seeks approval for the construction of a covered equestrian arena and stables building for private use only, at Lot 4 DP 1183141, being 60 Ringwood Lane, Exeter. This report is prepared for determination, and recommends APPROVAL, subject to attached conditions of consent.


RECOMMENDATION THAT Development Application 18/0296 which seeks approval for the construction of a covered equestrian arena building and stables building for private use only, at Lot 4 DP 1183141, being 60 Ringwood Lane, Exeter be APPROVED, subject to attached conditions of consent as described in Attachment 1 to the report.

REPORT


The subject site is known as Lot 4 DP 1183141, being 60 Ringwood Lane, Exeter (Attachment 2), is 8.1 hectares in area, and located on the northern side of Ringwood

Lane, between Bundanoon Road and Ellsmore Road, Exeter. The site is located within a rural small holdings area, where the predominant form of development is detached dwellings and outbuildings on 8 hectare lots. The 8.1 hectare site is currently developed with a dwelling house, located centrally on the property with access to Ringwood Lane.

Proposed Development Development Application 18/0296 seeks consent for a 1344 square metre covered equestrian arena building (64 metres length x 21 metres width) and a 320 square metre stables building for private use only. The proposed buildings are located within the lower western portion of the site, downhill from the existing dwelling. The proposed development




Page | 82

seeks a variation to the current 600 square metre maximum rural building footprint required by Section A3.9 of Rural Living Development Control Plan. The proposed development includes:

Single storey stables building includes 6 stables, tack room, wash bay and feed storage area for private use only. Proposed external finish comprises metal colorbond corrugated Woodland Grey walls and zincalume roof cladding;

1344 square metre covered equestrian sand arena, being 5.5 metres in height with a maximum 1.5 metres of fill under a portion of the proposed building to create a level surface on the sloping site. Proposed external finish comprises metal zincalume roof and walls.

Extension of internal driveway to connect proposed stables building and covered equestrian arena building with existing dwelling house.

The site plan of the proposed development can be found at Attachment 3. The elevations of the proposed development can be found at Attachment 4.




Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use. Council is satisf ied that the land is not a site of possible contamination and therefore no further assessment of contamination is required.


The site is located within the Wingecarribee River Sub-catchment. Compliance with the provisions of the SEPP and associated guidelines is therefore required to consider water quality. Water NSW advises that the proposed development satisfies the requirements of State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011, subject to conditions of consent including conditions addressing horse wash bay wastewater, manure management, stormwater management measures, and construction activities as contained within attached conditions of consent (Attachment 1). (Condition 22).



The site is zoned RU4 Primary Production Small Lots under the Wingecarribee Local Environmental Plan 2010 and in this zone, a Recreation Facility (outdoor) which includes an equestrian building and stables, is permissible with development consent. Under Wingecarribee Local Environmental Plan 2010, the key objectives of land zoned RU4

Primary Production Small Lots are:

(a) To enable sustainable primary industry and other compatible land uses. (b) To maintain the rural and scenic character of the land. (c) To ensure that development does not unreasonably increase the demand for public

services or public facilities.




Page | 83

(d) To minimise conflict between land uses within the zone and land uses within adjoining zones.

The proposed development is considered to be consistent with these objectives.


Rural Living Development Control Plan The Rural Living Development Control Plan provides general objectives for development in RU4 Primary Production Small Lots zones including the objective that agricultural value and rural landscapes of the Shire are protected while still allowing residents a range of ‘rural living’ experiences, and encouraging good design to add character, interest, and contribute to a harmonious rural environment. The Rural Living Development Control Plan also contains specific numeric controls to minimise impacts of development, including a maximum rural building footprint of 600 square metres, and that where cut and fill of the area of the building footprint is required, that a limit of 750mm cut and 750mm fill applies. The proposed covered equestrian arena building seeks a variation to both these standards, with a proposed 1344 square metre covered equestrian sand arena building with a 1.5 metres fill within a portion of the footprint area to create a level surface on the sloping site. Draft development controls for equine facilities were presented to Council at its meeting of 10 October 2018. This is discussed in the Discussion of Key Issues section of this report.

Section 4.15 Evaluation

(1) Matters for consideration—general




The site is zoned RU4 Primary Production Small Lots under the Wingecarribee Local Environmental Plan 2010 and in this zone, a Recreation Facility (outdoor) which includes an

equestrian building and stables, is permissible with development consent.

Under Wingecarribee Local Environmental Plan 2010, the key objectives of land zoned RU4 Primary Production Small Lots are:

(a) To enable sustainable primary industry and other compatible land uses. (b) To maintain the rural and scenic character of the land. (c) To ensure that development does not unreasonably increase the demand for public services or public facilities. (d) To minimise conflict between land uses within the zone and land uses within adjoining zones.




Page | 84

The proposed development is considered to be consistent with these objectives.


Not applicable in this instance (no relevant draft plans).


The proposed development seeks a variation to the current maximum rural building footprint of 600 square metres, and a variation to the limit of 750mm cut and 750mm fill.

This is fully discussed in the Discussions of Key issues section of this report.


Not applicable to Development Application 18/0296.


Not applicable to Development Application 18/0296.


Not applicable.


The impacts of the proposed development are discussed in the Discussions of Key issues section of this report.


The site is considered suitable for the proposed covered equestrian arena building and stables building as discussed in the Discussions of Key issues section of this report.




The covered equestrian arena building and stables building is consistent with the provisions of Wingecarribee Local Environmental Plan 2010, and is considered to be in the public interest.




Page | 85

CONSULTATION

Internal Referrals

The required conditions are incorporated throughout the Draft Conditions of Consent (Attachment 1).


Accredited Certifier Council’s Accredited Certifier raises no objection to the proposed covered equestrian arena building and stables building and has provided conditions of consent.

External Referrals

Referrals/Notice Advice/Response/Conditions

Water NSW Water NSW supports the proposed covered equestrian arena and stables complex subject to conditions of consent including conditions addressing horse wash bay wastewater, manure management, stormwater management measures, and construction activities as contained within attached conditions of consent (Attachment 1). (Condition 22).


The proposed covered equestrian arena and stables building was neighbour notified to surrounding properties. No submissions have been received.

DISCUSSION OF KEY ISSUES

Building Footprint and External Materials

The Rural Living Development Control Plan contains specific numeric controls to minimise impacts of development, including a maximum rural building footprint of 600 square metres. The proposed covered equestrian arena building seeks a variation to this standard, with a proposed 1344 square metre covered equestrian arena building. Draft development controls for equine facilities were presented to Council at its meeting of 10 October 2018, particularly to increase the maximum building footprint for equestrian buildings from 600 square metres to 1400 square metres. Development Application 18/0296 seeks approval for an equestrian building with a footprint of 1344 square metres, which complies with the draft development controls as presented to Council at its meeting of 10 October 2018, particularly that the proposed buildings are

sited in the lower portion of the property adjoining a windbreak which minimises visual impact

not located on a ridgeline or prominent slope

generally clustered with existing dwelling on site




Page | 86

setback more than 30 metres from the rear and side boundaries, and located more than 50 metres from an adjoining dwelling on an adjoining property

not exceeding a footprint area of 1400 square metres

of a design in keeping with rural buildings in the locality

adjoining an existing windbreak, which screens the proposed buildings A condition of consent can be imposed requiring the proposed metal zincalume roof cladding of the stables building, and proposed metal zincalume roof and walls of the covered equestrian arena building to be replaced with an external material of a darker tone, using non-reflective materials enabling the building to be less obtrusive on the surrounding landscape (Condition 9). While the above draft controls are currently on exhibition, it is recognised that the proposed development complies with these draft controls. Therefore it is considered that a variation to Council’s current 600 square metre maximum building footprint maximum is justified in this instance, to enable Development Application 18/0296 to be approved. Cut and Fill The Rural Living Development Control Plan contains specific numeric controls to minimise impacts of development, including that where cut and fill of the area of the building footprint is required, that a limit of 750mm cut and 750mm fill applies. The proposed covered equestrian arena building seeks a variation to both this standard, with 1.5 metres fill within a portion of the footprint area to create a level surface on the sloping site. A variation to the 750mm cut and 750mm fill requirement is considered justified in this instance, as the variation will not cause the proposed building to be visually obtrusive. While the proposed equestrian arena building adjoins an existing windrow, a condition of consent requiring provision of additional trees and landscaping to compensate for the increased fill level is considered appropriate (Condition 10).


Environment


Social




Culture





Page | 87

Governance




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







An assessment of the proposed development has been made against the Wingecarribee Local Environmental Plan 2010, SEPP (Sydney Drinking Water Catchment) 2011, State Environmental Planning Policy No 55 – Remediation of Land, and the Rural Living Development Control Plan.




Page | 88

OPTIONS

The options available to Council are: Option 1

Approve the development application subject to the attached conditions of consent. Option 2

Refuse the application, in which case Councillors would need to specify reasons for refusal Option 1 is recommended.

CONCLUSION It is considered that Development Application 18/0296 which seeks approval for the construction of a covered equestrian arena building and stables building for private use only, at Lot 4 DP 1183141, being 60 Ringwood Lane, Exeter, be supported subject to conditions. The proposal is considered satisfactory in terms of s.4.15 EPA Act 1979, therefore it is recommended that the development application be approved, subject to the attached draft conditions of consent nominated in Attachment 1.

ATTACHMENTS



3. Zoning - circulated under separate cover

4. Site Plan - circulated under separate cover

5. Elevations - circulated under separate cover




Page | 89

13.4 DA 19/0531 - Dwelling House - 5 Allen Avenue, Renwick

Reference: PN1813940 & DA19/0531 Report Author: Trainee Accredited Certifier Authoriser: Group Manager Planning, Development and Regulatory

Services Applicant: K Halstead & G Halstead Owner: K Halstead & G Halstead 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 consider development application 19/0531, which seeks consent for a dwelling house at 5 Allen Avenue, Renwick. The application has been referred to Council for determination as one of the property owners is a Councillor. Consequently this report is prepared for determination and recommends APPROVAL.



RECOMMENDATION THAT development application DA 19/0531 for a proposed Dwelling House at Lot 105 DP 1221206, No 5 Allen Avenue, Renwick be APPROVED subject to conditions as described in Attachment 1 to the report.

REPORT

Subject Site and Locality The site is identified as Lot 105 DP 1221206 and known as 5 Allen Avenue, Renwick (Figures 1 and 2). The site is a vacant rectangular shaped lot which has an area of 576m2.

The land is zoned R2 Low Density Residential and is serviced by Council’s reticulated water and sewer.




Page | 90

Figure 1 – Site Location




Page | 91

Figure 2 – Aerial Image


The subject development application was lodged on 3 October 2018 and seeks consent for a single storey dwelling house.

Attachment 2 provides plans of the proposed development.







Page | 92



The site is located within the Wingecarribee River Sub-catchment. Compliance with the provisions of the SEPP and associated guidelines is therefore required to consider water quality. The development is a Module 1 under the NorBE Guidelines and therefore Council has assumed concurrence to consider water quality. The NorBE Tool was used to determine that the development can achieve a neutral or beneficial effect on water quality.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A satisfactory BASIX Certificate was submitted with the application (957449S). The BASIX Certificate satisfies the State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.





The site is zoned R2 Low Density Residential and in this zone, a Dwelling House is permissible with development consent. The objectives of the R2 Zone are as follows:

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

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

Clause 7.3 Earthworks

The proposed dwelling requires excavation for the installation of a slab, approximately 400mm cut and 477mm fill.

Subject to siteworks including the provision of sediment control measures and the installation of the proposed stormwater collection / drainage system the proposal is expected to have non-detrimental impacts on drainage patterns in the locality.

Minimal fill is proposed to be imported to the site to underlay the slab as the majority will be a result of the proposed cut, however any additional fill will be conditioned to be virgin excavated fill.


Mittagong Development Control Plan

The applicable sections of the Mittagong DCP are addressed below:




Page | 93

DCP Control Assessment

Part A – All Land

Section 2 – General Objectives

The proposal is generally in accordance with the nominated objectives of this Section.

Section 3 - Biodiversity

The proposal is generally in accordance with requirements of this Section.


The proposal is generally in accordance with requirements of this Section. Stormwater overflow will be discharged to the drainage easement on the lot.

Section 5 – Flood Liable Land

The subject lot is not mapped as flood liable land.

Section 6 – Vegetation Management & Landscaping

Council’s Vegetation Map indicates the site does not comprise any endangered ecological communities. No vegetation removal is proposed.

Section 7 – Subdivision, Demolition, Siting & Design

The proposal is generally in accordance with requirements of this Section. No demolition or subdivision is proposed.

Part C – Residential Zoned Land - Section 16 Renwick Precinct

Development Density & Scale

Complies, floor space ratio is 0:48:1.

Front Setback Complies, 4.65m to main building façade and 3.02m to porch (allowable articulation zone 32.8%).

Side Setback Complies, minimum 1.6m.

Rear Setback Complies 8.9m.

Access, Parking, Garages & Driveways

Complies, garage setback more than 1m from main building façade, garage doors are 4.7m wide and 39.8% of the total width of the dwelling frontage. Vehicle crossing is 3m wide.

Landscaped Area Complies, 53% of lot site to be landscaped, proposed planting and trees shown on landscape plan.

Primary Private Open Space

Complies, in excess of 15m2 proposed.




Page | 94


Building Height & Mass

Complies, single storey dwelling. 6.4m to natural ground level and the porch is elevated above finished ground level.

Roofs Complies, 26 degree roof pitch and proportionate eaves.

Materials, Finishes & Colours

Complies, colorbond roof proposed and exterior walls will be a combination of brick veneer and fibre cement cladding. Colour scheme acceptable.

Boundary Treatments, Fences & Gates

None proposed, timber lap and cap to be conditioned on consent.

Street Address & Public Façade

Complies, front entry is visible from the street.

Retaining Walls & Cut and Fill

Complies, 400mm cut and 477mm fill proposed.







Not applicable.




Not applicable.


Not applicable.




Page | 95


Not applicable.


The proposed development is clear of any areas mapped as threatened or endangered plant community and does not involve the removal of any trees.

The residential nature of the development will not give rise to any noted adverse social or economic impacts.


The site is considered to be suitable for the proposed development.




There are no covenants, easements, restrictions or agreements that affect the proposed development. As such, the proposed residential development is in the public interest.

CONSULTATION


No pre-lodgment meeting was held with the applicant or landowners.

External Referrals


None N/A

Internal Referrals


None N/A


The development application was Neighbour Notified for a period of 16 days between 9th October 2018 and 25th October 2018 and Council received no submissions.




Page | 96


Environment


Social




Culture


Governance














Page | 97


An assessment of the proposal has been made against the Wingecarribee Local Environmental Plan 2010 and the Mittagong Development Control Plan.

OPTIONS


Option 1

Approve the development application subject to Conditions of Consent in Attachment 1.

Option 2

Refuse the development application, in which case Council would need to provide reasons for refusal.


CONCLUSION

The subject development application has been assessed in accordance with the matters for consideration under section 4.15 of the Environmental Planning & Assessment Act 1979, and all relevant environmental planning instruments and Council policies, and it is recommended the application be determined by way of approval, subject to the conditions nominated in Attachment 1.

ATTACHMENTS

1. Draft Conditions of Consent - circulated under separate cover

2. Plans - circulated under separate cover




Page | 98

13.5 DA 18/0744 - Proposed Alterations and Additions to the

Wingecrribee Shire Council Administration Building, 68 Elizabeth Street, Moss Vale

Reference: 18/0744 Report Author: Contract Planner Authoriser: Group Manager Planning, Development and Regulatory

Services Applicant: Wingecarribee Shire Council Owner: Wingecarribee Shire Council 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 consider development application 18/0744, which seeks consent for alterations and additions including re-roofing, building upgrade and infilling of internal courtyard of the Wingecarribee Shire Council Civic Centre at 68 Elizabeth Street Moss Vale. This report is prepared for determination and recommends APPROVAL, subject to attached conditions of consent.



RECOMMENDATION 1. THAT Council assume the concurrence of the Secretary Department of Planning

and Environment and invoke the provisions of clause 4.6 of Wingecarribee Local Environmental Plan 2010 and resolve that in the circumstances of the case the submissions under clause 4.6 of the Wingecarribee Local Environmental Plan 2010 seeking variation of the statutory height standard contained in Clause 4.3 and FSR standard contained in Clause 4.4 are well founded, having regard to all relevant considerations under clause 4.6 of Local Environmental Plan 2010.

2. THAT Development application 18/0744 for re-roofing, building upgrade and

courtyard infill at Wingecarribee Council Civic Centre, 68 Elizabeth Street, Moss Vale be APPROVED subject to the conditions as set out in Attachment 1 to the report.




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REPORT

Subject Site and Locality The Civic Centre occupies part of Lot 3 in DP 1108992, 68 Elizabeth Street Moss Vale with a total area of 6.77 ha. The Civic Centre building faces Elizabeth Street and is bounded by Kirkham Street to the south-west, Donkin Avenue to the north-east and Moss Vale Aquatic Centre to the south-east. The site has a gentle slope down from north east to south west and is improved with the existing one and two storey Civic Centre and associated access and landscape works, including a central courtyard. The Civic Centre was constructed in the early 1970s and extended in 1983, 1990 and 1997. The building is predominantly concrete frame construction with brick infill walls and flat metal deck roofing with box gutters.

Figure 1 – Site Locality

In accordance with the provisions of Wingecarribee Local Environmental Plan 2010 (‘WLEP’) the site is:

not a heritage item;

not in the vicinity of a heritage item;

not within a conservation area;

not within the flood planning area; and

not Bushfire Prone/Buffer land.




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Background

The development application was lodged on 22 June 2018. The development application was notified between 11 July 2018 and 27 July 2018. No submissions were received.

Proposed Development Development Consent is sought for the following work associated with upgrading of the building:

Construction of a new independently supported “umbrella” roof over the existing roof. The new roof will span the existing building, including the existing courtyard space, and will be supported by new concrete perimeter columns outside the building envelope. The proposed low pitched, hipped roof form and eaves/gutters are designed to overcome water ingress issues arising from the existing building’s flat metal deck and box gutter roof construction. The roof form includes a central clerestory style element so as to provide elevated south facing glazing to permit natural daylight into a central void space and pitched so as to facilitate future

provision of photovoltaic/solar panels. The proposed eaves/gutter system will connect to the existing in ground stormwater drainage.

The existing central courtyard will be incorporated as useable floorspace within the Civic Centre facilitating:

improved connection between the entry and the customer service area, improved exhibition space, interview and meeting rooms,

a northern extension to the existing library (48 m2),

a new lift and stairwell connecting the ground and first floors, and

improved connections between the front and rear of the building.

At first floor, provision is made for a new ancillary storage space beneath the new roof form (approximately 300m2), as well as new toilet facilities and a lift and stairwell providing for improved internal circulation.

The proposed works also included construction of a new accessible ramp from Elizabeth Street to the library entrance. Existing floor area

Ground Floor Area: 2,383m2

First Floor Area: 1,535m2

TOTAL: 3,918m2 Proposed floor area

Ground Floor Area: 2,576.45m2 (incorporating external courtyard as internal floor area)

First Floor Area: 1,986.50m2 (incorporating external courtyard and building above existing library

TOTAL: 4,562.95m2 The proposed new roof will be in corrugated metal (“Shale Grey”) with the eave in non-combustible aluminium composite cladding (“Frost White”) supported by exposed concrete columns. New external cladding materials are in painted compressed fibre cement




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(“Whisper White”) and non-combustible aluminium composite (“Frost White” and “Noble Red”). New window frames will be in “Basalt” powdercoated metal and downpipes will be in stainless steel.




Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use. Given the nature of the proposed development, being the enclosure and alterations and additions of a building long established in the same use, Council can be satisfied the land is suitable for the proposed use.


Clause 10(1) of the SEPP provides that a consent authority must not grant consent to the carrying out of development under Part 4 of the Act on land in the Sydney drinking water catchment unless it is satisfied that the carrying out of the proposed development would have a neutral or beneficial effect on water quality.

Clause 10(2) provides that for the purposes of determining whether the carrying out of the proposed development on land in the Sydney drinking water catchment would have a neutral or beneficial effect on water quality, the consent authority must, if the proposed development is one to which the NorBE Tool applies, undertake an assessment using that Tool.

Clause 11(1) provides a consent authority must not grant consent to the carrying out of development under Part 4 of the Act on land in the Sydney drinking water catchment except with the concurrence of the Regulatory Authority. However this clause does not apply if… (b) the consent authority is satisfied that the proposed development has no identifiable potential impact on water quality.

Section 4.4.1 of the NorBE Assessment Guidelines provides it is safe to assume that a development will have no identifiable potential impact on water quality if the development is unlikely to result in:

a concentration of flow of water

the impedance of flow of water

discharge of effluent, dust pollutants or stormwater, and

other matters considered to result in a water quality impact, such as the potential for contamination.

In this case, the neutral or beneficial effect test is satisfied and consent can be issued with respect to water quality, without further detailed assessment regardless of the development type.

Council’s Development Engineer has advised in this regard: 1. The works will bring no intensification to the building, therefore… water connection

and sewer connections are to remain the same and assumed sufficient from a water and sewer perspective.




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2. The existing roof to be re-sheeted is able to connect into the existing stormwater infrastructure present on the building. No additional stormwater works are required.

3. The infill to the Civic Centre Courtyard creates a roofed area above an existing

impervious hardstand area. Therefore there is no increase to the impervious area. The infill structure will also be able to connect into the existing stormwater infrastructure and no additional stormwater works are required to the existing system.

Having regard to the above it is reasonable to conclude the proposed works are unlikely to give rise to any of the impacts as identified in the Guidelines and accordingly that the development would have a neutral or beneficial effect on water quality.

State Environmental Planning Policy (Infrastructure) 2007

Clause 45 of the SEPP applies to a development application for development immediately adjacent to a specified electricity infrastructure, including an electricity substation. A substation is located in Donkin Avenue adjacent to the site. Before determining a development application (or an application for modification of a consent) for development to which this clause applies, the consent authority must:

(a) give written notice to the electricity supply authority for the area in which the development is to be carried out, inviting comments about potential safety risks, and

(b) take into consideration any response to the notice that is received within 21 days after the notice is given.

A referral was accordingly issued to Endeavour Energy on 1 August 2018. Endeavour Energy advises there is:

An easement over the site benefitting Endeavour Energy. Low voltage and 11,000 volt / 11 kV high voltage underground cables and

underground earth cables to the Donkin Avenue road verge / roadway.

Low voltage and 11 kV high voltage underground cables to the Elizabeth Street road

verge / roadway.

Low voltage and 11 kV high voltage underground cables and overhead power lines

to the Kirkham Street road verge / roadway.

Existing padmount substation no. 32193 located on the site currently has 6

customer connection points.

Subject to the recommendations and comments provided and included in the recommended

conditions Endeavour Energy has no objection to the Development Application.

National Construction Code 2016 GHD was engaged to undertake an assessment of compliance with the NCC 2016 Sections J1, J2 and J3 of the proposed Civic Centre building works. Compliance with the recommendations of this report is required under recommended conditions of consent. (Condition 34).



The aims of the LEP are set out in clause 1.2, and as particularly relevant to this DA include:




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(g) to strengthen the viability of Wingecarribee’s business centres as central places for investment, employment and cultural activity…; and

(h) to promote the economic wellbeing of the community in a socially and environmentally responsible way, focusing new employment growth at identified employment hubs like business centres and enterprise zones that can be better accessed by public and private transport.

The site is zoned B2 – Local Centre. The objectives of the B2 zone are:

To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

To encourage employment opportunities in accessible locations.

To maximise public transport patronage and encourage walking and cycling.

To generally conserve and enhance the unique sense of place of business centre precincts by ensuring that new development integrates with the distinct urban scale, character, cultural heritage and landscape setting of those places.

To provide opportunities for a compatible mix of residential living above retail, commercial, recreational, cultural and community activities at street level.

To ensure that adequate provision is made for infrastructure that supports the viability of business centre precincts, including public car parking, traffic management facilities, public transport facilities, cyclist facilities, pedestrian access paths, amenities, facilities for older people and people with disabilities and general public conveniences.

To maximise the efficient use of land in business centre precincts to promote more compact and accessible places.

To ensure that new development has regard to the character and amenity of adjacent and nearby residential areas.

Cl. 2.3 (2) WLEP provides that the consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. The proposed development demonstrates consistency with the aims of the WLEP and the B2 zone objectives relevant to it in that:

• It facilitates enhanced provision of civic facilities serving the needs of people who live in, work in and visit the local area;

• It facilitates improved employment facilities within an accessible location;

• It makes minor amendments to the established scale of the building, and enhances its appearance through façade upgrades and the provision of a more interesting and visually integrated roofscape;

• The improved accessibility and general upgrade to building fabric is consistent with the objective to strengthen facilities that support the viability of business centre precincts;

• The consolidation of civic services within the established civic centre site is consistent with the objective to promote more compact and accessible places;

• The façade upgrades and the provision of a more interesting roofscape is consistent with the objective to ensure that new development has regard to the character and amenity of adjacent and nearby residential areas. The proposal will not have any




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adverse privacy or overshadowing impacts and the change to building bulk and scale is not significant.

Mapped Height Controls under WLEP 2010

The site is subject to a 8 metre maximum height standard (cl.4.3 WLEP). The proposed development has a maximum height of approximately 12.4m to the apex of the ‘clerestory’ roof element. This amounts to an excedance of approximately 4.4m over the maximum permissible height of the building (of 8m). The extent of excedance constitutes approximately 16.6% of the overall footprint of the building, with the greatest excedance centred over the footprint.

Figure 2 – Excedance of Height Standard (indicative) – Height standard indicated in red dashed line.

A clause 4.6 submission has been provided and is assessed separately below. Mapped FSR Controls under WLEP 2010 The site is subject to a 0.7:1 FSR standard (cl.4.4 WLEP). For the purposes of calculating FSR the gross floor area must be divided by the site area of the lot on which the

development is located. The subject building is on part of Lot 3 DP 1108992. The DP is divided in 3 parts with a total area of 7.284 hectares. Although the proposed gross floor area measured against the lot area would easily comply with the applicable FSR standard WLEP requires that any part of the lot upon which the development is “prohibited” – that is, the part zoned RE1 Public Recreation - must be excluded from the calculation (cl.4.5(4) WLEP). The part upon which the development is permissible – i.e. that part zoned B2 Local Centre - has a much smaller area of 5,427m2. The existing Civic Centre floorspace of 3,918m2 represents an exceedance of this standard at 0.72:1 as measured against the area of the B2 zone. To this must be added that part of the floorspace of the adjacent Aquatic Centre that falls within the B2 zone, comprising floorspace of approximately 151.6m2 or 0.028:1:1, thus existing floorspace ratio is 0.75:1 (exceeds the standard by 7%). The proposal provides for an additional 645m2 resulting in a maximum FSR of 4,563m2 or 0.868:1 representing a breach to this standard of 24%.




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A Clause 4.6 submission has therefore been submitted and is assessed below. Clause 4.6 Submissions

The objectives of clause 4.6 WLEP are: (a) To provide an appropriate degree of flexibility in applying certain development standards

to particular development;

(b) To achieve better outcomes for and from development by allowing flexibility in particular circumstances.

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. Clause 4.6 Exceptions to development standards – Height Standard (3) Development consent must not be granted for development that contravenes a

development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

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

In summary, the cl.4.6 submission justifies that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case as:

The non-compliant portion of the roof is located at the central portion of the building, set back over 14m from the perimeter of the building and over 18m from the site’s boundaries.

The portion of the roof exceeding the 8m height standard comprises a small portion of the lower pitched roof and the atrium roof.

The area of non-compliance only relates to the roof of the building, which, at its apex is approx. 4.4m above the 8m height limit. The area of non-compliance is small – approximately 16.6% of the building footprint.

The area of non-compliance will not result in adverse impacts on adjacent properties or the public realm in terms of overshadowing, visual impacts, view loss and privacy.

o Overshadowing: The area of exceedance does not cause any

overshadowing impacts on adjacent properties or buildings.

o Visual impacts: The area of exceedance is small (16.6% of the

footprint of the building) and is sited at the central portion of the building, set back over 14m from the perimeter of the building. At street level, this portion of the roof is not significantly visible or intrusive.

o View loss: There is no view loss to public areas caused by this

exceedance.

o Privacy: There is no ability from this area to overlook adjacent

residential properties or impact on residential amenity.

Assessment/comment: The submission is considered well founded. The

proposal arises from the need to improve the weather protection of an existing building through provision of a new, pitched roof. Having regard to the




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size/footprint of the building even a low pitched roof provides marginal exceedance of the Height standard. The central clerestory/atrium is designed to provide improved amenity through access to natural light to the public areas of the civic centre, effectively compensating for that provided via the existing courtyard which is to be covered. Importantly, due to the design of the new roof, the non-compliant parts are not highly visible from the public domain. From the surrounding streetscape the predominant view is to the largely compliant eave- line, which to a significant extent masks the ‘non-compliant’ section behind.

It is agreed that the new roof and associated internal spaces will not give rise to overshadowing, visual, view loss or privacy impacts.

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

As noted above, the clause 4.6 submission demonstrates that the noncompliance will not give rise to adverse amenity impacts by way of overshadowing, visual impact, view loss or privacy.

The non-compliances arise from a design which provides a more cohesive and improved appearance to the exterior of the civic centre by integrating various existing built elements of disparate height under a single, well designed roof form. The increased height will not be particularly identifiable from the public domain but through minor amendments to the established scale of the building the works will enhance its appearance through façade upgrades and the provision of a more interesting and visually integrated roofscape consistent with the objectives of the B2 zone. Accordingly it is considered that there are sufficient environmental planning grounds to justify contravening the development standard.

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

development standard unless (a) the consent authority is satisfied that:

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

Assessment: it is considered that the applicant’s written request has adequately addressed the matters required to be demonstrated by the subclause.

(ii) the proposed development will be in the public interest because it is

consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

Assessment: the objectives of the B2 zone and assessment of the proposed

development against those objectives are as set out previously. It has been demonstrated that the proposed development is consistent with the objectives for development within the zone in which the development is proposed to be carried out.

The objectives of Clause 4.3 – Height of building are: a) To identify maximum heights of buildings.

b) To ensure that the heights of buildings are compatible with the character of the existing development within the surrounding area.




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The Civic Centre is part of the established townscape character and the alteration of the roof form and elevations will improve but not markedly alter that character. The building is located within the same visual catchment as other buildings within the Moss Vale Centre of similar scale and character as well as the Aquatic Centre, immediately adjacent. Although the building is of a different character to dwellings further to the east, this is to be expected given the differential zoning. It is therefore reasonable to conclude the proposal achieves consistency with the objective ‘the heights of buildings are compatible with the character of the existing development within the surrounding area’ and the public interest is appropriately served in that respect.

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

Comment: by notification pursuant to clause 64 of the Environmental Planning

and Assessment Regulation 2000, Council may assume the Secretary’s concurrence for exceptions to development standards for applications made under clause 4.6. As the variation to the Height Standard is in excess of 10% the application must be determined by full Council which must have regard to the matters set out under cl4.6(5) as matters the Secretary must consider in deciding whether to grant concurrence viz:

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

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

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

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

Assessment: The proposed addition of a roof and alteration to elevations and

appearance of the building are relatively minor/local matters wherein the variation to the Height standard does not raise any matter of significance for State or regional environmental planning. The clause 4.6 submission has demonstrated sufficient grounds to justify the proposed variation having regard to the individual circumstances of this case, consistent with the objectives of clause 4.6 and under those circumstances strict adherence would be unreasonable and unnecessary. Accordingly, it can be concluded that there is no greater public benefit to be served by maintaining the development standard in this instance as the development is consistent with the applicable aims and objectives of WLEP and the aims of the Act including to secure the orderly and economic use and management of land. All relevant matters have been considered in reaching this conclusion.

Clause 4.6Exceptions to development standards – FSR Standard Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

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

In summary, the cl.4.6 submission justifies that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case as:




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The proposal infills/ encloses the existing open courtyard to improve circulation to various sections of the building, provide accessible linkages, improved and accessible toilets within the building. Whilst this has contributed to non-compliance with the development standard, this initiative transforms a seldom used courtyard into internal spaces that positively contributes to the function and operation of the facility.

The proposal utilises floor area above the existing library (at First Floor level) for storage. Whilst this has contributed to non-compliance with the development standard, this initiative benefits the operation of the facility.

The non-compliance to the FSR standard (of increase in floor area) on the overall mass of the building does not create a negative visual, streetscape or amenity impact.

Assessment: The proposal arises from the addition of a pitched roof form over

the existing building footprint, including the enclosure of an existing internal courtyard and the infill of volumes created under the new roof space.

Although there is some change to the external bulk and appearance of the building as perceived from the surrounding public domain, this arises from rationalisation of existing elevations and facades under the new roof so as to present a more cohesive and visually integrated built form. The overall outcome is of a scale and character that is not markedly different to the current situation, but much improved from an aesthetic perspective. The planning outcome is considered preferred relative to one which minimised/avoided increasing the internal floorspace of the building by, for example, a more complicated roof form moulded over the existing and often disparate building heights and floorplates making up the Civic Centre. In accordance with the Cl4.6 submission the non-compliance to the FSR standard does not create any negative visual, streetscape or amenity impact.

The additional floorspace achieved in the building is largely associated with:

improved internal circulation and amenity to public areas including meeting spaces;

a minor addition to the library; and

a new ancillary storage space at first floor.

This additional floorspace is therefore ancillary and incidental to the established functions of the Civic Centre and is unlikely to represent any material intensification of use nor give rise to any additional impacts, such as increased traffic or parking, associated with same.

The proposed additional floorspace does not give rise to any inconsistency with the objectives of the LEP, B2 zone nor of the FSR standard.

Having regard to the foregoing the cl.4.6 submission is well founded; compliance with the standard would be unreasonable or unnecessary in the circumstances of the case.

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

The clause 4.6 submission demonstrates that the variation will not give rise to any negative visual, streetscape or amenity impact. The noncompliance arises from a




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design which provides a more cohesive and improved appearance to the exterior of the Civic Centre by integrating various built elements of disparate height under a single, well designed roof form which will enhance the appearance of the building consistent with the objectives of the B2 zone. The additional floorspace is allocated to improved internal circulation spaces, to the improvement of the amenity of established public spaces and functions and to a new ancillary storage area. As such, the additional floorspace is unlikely to represent a material change to the off-site impacts generated by the Civic Centre, including servicing, traffic and parking. Accordingly it is considered that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)(a)(i) Development consent must not be granted for development that contravenes a development standard unless (a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3).

Assessment: it is considered that the applicant’s written request has adequately

addressed the matters required to be demonstrated by subclause (3).

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

Assessment: the objectives of the B2 zone and assessment of the proposed development against those objectives are as set out previously. It has been demonstrated that the proposed development is consistent with the objectives for development within the zone in which the development is proposed to be carried out.

The objectives of Clause 4.4 WLEP – FSR are:

a) To identify maximum floor space ratios in major centres.

b) To ensure that floor space ratios provide development opportunities that are compatible with building heights.

c) To encourage development in locations readily accessible to public transport and services that will provide increased employment opportunities.

Assessment/comment: The proposed development is consistent with objectives (a) and (b). Although the FSR is exceeded this is in large part a consequence of the conversion of the internal courtyard space to assessable ‘gross floor area’ and to the creation of additional space beneath the new roof which spans the higher sections of the existing building. The building height would need to be the same or very similar whether the additional floorspace was created or not.

The proposal is consistent with objective (c) in that it provides enhanced amenity and functionality to an important public service building within the Moss Vale CBD, that CBD being well served by public transport.

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




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

Comment: by notification pursuant to clause 64 of the Environmental Planning and

Assessment Regulation 2000, Council may assume the Secretary’s concurrence for exceptions to development standards for applications made under clause 4.6. As the variation to the Floor Space Ratio Standard is in excess of 10% the application must be determined by full Council which must have regard to the matters set out under cl4.6(5) as matters the Secretary must consider in deciding whether to grant concurrence viz:

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

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

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

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

Assessment: The proposed addition of a roof and alteration to elevations and

appearance of the building is a relatively minor/local matter wherein the variation to the FSR standard does not raise any matter of significance for State or regional environmental planning. The clause 4.6 submission has demonstrated sufficient grounds to justify the proposed variation having regard to the individual circumstances of this case, consistent with the objectives of clause 4.6 and under those circumstances strict adherence would be unreasonable and unnecessary. Accordingly it can be concluded that there is no greater public benefit to be served by maintaining the development standard in this instance as the development is consistent with the applicable aims and objectives of WLEP and the aims of the Act including to secure the orderly and economic use and management of land. All relevant matters have been considered in reaching this conclusion.

In summary it is concluded that the clause 4.6 submissions in respect of clause 4.3 (Height) and clause 4.4 (FSR) of WLEP are in each case well founded.

Assessment of Relevant Sections of the Moss Vale Development Control Plan

A2.2 Objectives

A2.2.1 Economic Function

(a) Enhance the role of Moss Vale within the overall economic structure of Wingecarribee Shire.

(b) Recognise and enhance the role of Moss Vale as an important retail and service centre providing for the needs of the surrounding community and visitors to the region.

(c) Recognise and enhance the role of Moss Vale as an important employment generator.

(a)-(c) consistent

(d) N/A




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(d) Encourage appropriate site amalgamation and redevelopment to provide a range of business and retail opportunities throughout the town.

A2.2.2 Urban Function

(a) Improvement of traffic and parking management within the town.

(b) Minimisation of vehicular and pedestrian conflicts.

(c) Provision of a safe and accessible network of pedestrian links throughout the town.

(d) Improvement of connections to public transport facilities.

(a)-(b) N/A

(c)-(d) consistent

A2.2.3 Heritage Conservation

N/A

A2.2.4 Residential Amenity

(a) Conserve the unique characteristics of existing residential areas of the Moss Vale township.

(b) Encourage new residential development that is sympathetic to existing or desired future streetscapes and neighbourhood character.

(c) Ensure that residential development includes sustainable principles such as energy and water efficiency, using sustainable building products where ever possible.

(d) Contribute to the enhancement of the urban amenity

(e) Ensure that there is no light spill from any new development which would adversely impact on surrounding residents, including diminishment of the night sky experience.

(a)-(c) N/A

(e)-(f) Acceptable, no impacts on urban or residential amenity identified.

A2.2.6 Visual Amenity

(a) Demonstrate an appreciation of the existing streetscape.

(b) Enhance the character of individual streets within the town through appropriate built form design.

(c) Provide areas of private open space which can make a positive contribution to the overall visual amenity of the locality.

(a)-(c) Satisfactory – see Assessment Section




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A2.2.7 Public Views and Vistas

In assessing a land use application, Council will consider the extent to which the proposal contributes to the protection of public views and vistas.

Satisfactory – no specific public view or vista affected.

A2.2.8 Environmental Sustainability

Council will assess all Development Applications having regard to the Principles of Ecologically Sustainable Development.

Satisfactory

A2.2.9 The Public Domain

(a) Create a public domain which is accessible to all residents, workers and other visitors.

(b) Ensure that areas of public open space are safe and attractive.

(c) Provide additional recreation and cultural opportunities according to need.

Satisfactory – proposal supports this objective by improving accessibility to, and amenity of, a public building.

Section 3 – Biodiversity

Not relevant due to the site’s location within a developed urban area and having regard to the nature of the proposed works.

Section 4 Water Management

A43.3 Development in Sydney’s Drinking Water Catchments

A4.4 Water Cycle Management Study

[In conjunction with SEPP Sydney Water Drinking Catchments]

a) All development shall incorporate WaterNSW’s current recommended practices (or equivalent standards and practices) which represent best industry or development practice in terms of maintaining water quality.

b) All development shall address water quality to achieve one of the following alternative outcomes as appropriate to the development:

(i) The development shall have no identifiable potential impact on water quality,

(ii) If (i) above is not viable, any identified impact shall be contained on the site to prevent it from reaching any watercourse, water body or drainage depression.

(iii) If (i) or (ii) above are not viable, any identified impact beyond the site shall be managed by transfer to an appropriate facility for treatment and disposal to the required standard approved by Council.

See Assessment – Development is assessed as having no identifiable potential impact on water quality – the proposed roof covers the existing building footprint, including the central impervious courtyard and will connect to the existing drainage system.




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A4.5 Stormwater Management Plan

A Stormwater Management Plan report will be required by Council for all development that will result in:

a) An increase in the impervious area of the site, or

b) A change in the direction of overland flow

N/A Proposal does not involve significant new building works nor materially increase the impervious area of the site.

Section 5 Flood Liable Land

N/A

Section 8 Safer by Design

Council requires all development to demonstrate that it provides:

a) Well-defined building entrances which are clearly visible from the street. Narrow or splayed entrances are preferable to deep-set entrance ways.

b) Internal spaces must be open and visible, eliminating hidden corners.

c) Walkways and connecting paths must be open with good visibility.

d) Signs and vegetation should be located so that they do not create ‘entrapment’ points where people are hidden from view.

e) On-site garaging must provide clearly defined exit points and be lit at night, both inside the garaging and around the entrance/exit points. Such lighting should be movement-activated lighting that focusses on the access areas.

f) Building entrances, walkways, connecting paths and garaging must be well lit in accordance with the provisions of Section A8 of this Plan to ensure that such lighting is down-ward focussed and effective without generating glare or annoyance beyond the area being lit.

Proposal does not materially alter the building’s performance against CPTED objectives and principles.

A9.12 Waste Management and Disposal

A Waste Management Plan is submitted with the DA. Conditions are required in relation to Asbestos management and preparation of an environmental management plan.




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Section 11 Outdoor Lighting

Objectives and controls to provide appropriate levels of illumination without impacting on the night sky or on the amenity of nearby residences.

No specific details of lighting proposed. Matter for condition.

PART B BUSINESS ZONES

The site is located within the Kirkham Street Precinct

B2.2 Height of Buildings

B2.3 Floor Space Ratios

Controls as per WLEP Cl. 4.3 and 4.4 See Assessment

B2.4 Designing for Pedestrian Access within the Town

Council shall not grant consent to the carrying out of development on any land within Moss Vale unless it is satisfied that: (a) all existing pedestrian access ways are retained, or an acceptable alternative is provided.

(b) the development allows pedestrians to move through, within and around the site in a safe and convenient manner.

(c) Pedestrian access ways are suitable for wheelchairs and meet the needs of all people with disabilities.

(d) Pedestrian access ways comply with the Safer by Design Principles discussed in Part A Section 5 of this Plan.

(e) Pathway surfaces are suitable to all weather conditions and particularly do not become slippery during wet weather.

(f) Land that has frontage to any public space, including pedestrian footpath, arcade, walkway, open space or thoroughfare shall make adequate provision to:

(i) incorporate an active pedestrian frontage to such public space, and

(ii) complement the character, public use, security and enjoyment of such public space, and to provide an outlook to such space.

Satisfactory. Proposal maintains existing linkages and improves accessibility to the Civic Centre through a new accessible pathway.

Section 3 Parenting Facilities

Does not apply as development does not included additions to an existing building that comprise 50% by floor area of the existing building.

N/A

Section 4 On-site Car Parking

(a) To ensure that adequate off-street parking is provided in conjunction with development in order to discourage the

Proposal does not materially alter the parking demand




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Section 5 Loading Facilities and Waste & Resource Recovery Storage and Collection

use of streets for the parking of vehicles associated with additional traffic generated by new developments.

(b) To provide communal public car parking in appropriate areas, funded from developer contributions, where the development cannot accommodate adequate on-site parking, and/or where Council chooses to aggregate parking into a centralised location(s).

(c) To ensure that car parking areas are safe and functional.

(d) To ensure that car parking areas are visually attractive.

(e) To ensure that vehicular access points to the site are located to minimise danger or disruption to vehicles and pedestrians on the public street system.

a) In circumstances where it is not physically possible or where, for traffic reasons or otherwise, it is impracticable to provide on-site, the total number of parking spaces required under this Plan, the applicant shall make appropriate arrangements for the provision of the car parking shortfall with Council.

b) Council’s preferred approach for such arrangements is through a voluntary Planning Agreement (VPA) lodged with the Development Application. Council’s adopted policy in relation to Planning Agreements sets out the requirements and process.

c) If there is a deficiency in the required number of car spaces, and no Planning Agreement is entered into, or alternative arrangements made, the Development Application may be refused.

generated by the site noting that the works provide:

for re-roofing of the centre;

for improvement in the level of service/amenity offered by the centre through improved customer service areas and facilities (including internal accessibility) as well as a small increase in the area of the library.

A storage area ancillary to the established function of the Civic Centre.

Section 22 Kirkham Street Precinct

Council shall not grant consent to the carrying out of development on any land within this Area unless it is satisfied that the development:

(a) Will improve the visual amenity of the Area.

(b) Will improve vehicular and pedestrian movements.

Proposal is consistent as it involves:

Re-roofing as well as an upgrade to the external appearance of the Civic Centre, in design and materials




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complementary to the established built form and fabric.

Improved accessibility both to and within the Centre.




(i) any environmental planning instrument,

Assessment/comment: The proposed works are permissible with

consent under WLEP as public administration buildings are not identified as ‘prohibited’ development.

It is also noted that in accordance with clause 77 of the Infrastructure SEPP alterations of or additions to a public administration building may be carried out without consent.

The proposed new roof exceeds the height standard of 8 metres (clause 4.3 WLEP). A clause 4.6 submission has been provided by the applicant and this is considered to be well founded in the circumstances of the case.

The proposal does not comply with the FSR standard of 0.7:1 under WLEP as discussed previously. A clause 4.6 submission has been provided by the applicant and this is considered to be well founded in the circumstances of the case.


Assessment/comment: Not applicable.

(iii) any development control plan,

Assessment/comment: The proposal is generally consistent with

objectives and controls of the Moss Vale Town DCP as set out previously.

(iii) any planning agreement that has been entered into under section 7.4, or

any draft planning agreement that a developer has offered to enter into under section 7.4, and





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Assessment/comment:

Urban Design, Streetscape and Character

The external expression of the proposed works will be appreciated from the public domain primarily as a new roof form and most immediately through the eave which is expressed as a deep, angled and uptilted feature. The roof will ‘cap’ various infill works which will have the effect of providing a more cohesive architectural expression to the facades, with the benefit of removing from public view various ancillary structures that are currently apparent.

The proposed roof and architectural expression generally are appropriate for a public building and complementary to the existing materials and form whilst providing a more contemporary and aesthetically improved appearance. The site is located within the established Business Centre of Moss Vale, with the adjacent RE1 zoned land occupied by the Aquatic Centre. The proposed works are consistent in massing, form and character with this context.

Although there is a variation to the Height and FSR standards under WLEP these are considered acceptable for the reasons set out previously. The variations are associated with a roof form and infill works that adds interest and improve the appearance of the existing building. The external footprint is not materially altered and the scale and expression of the building will remain similar to the existing. The greatest height of the new structure is to be located centrally within the building footprint thereby minimising its impact. Public buildings are often accepted as appropriately expressed through greater heights than generally applicable having regard to their important role as a meeting place of the community.

Accordingly the proposal is considered acceptable in terms of its urban design, streetscape and character.


Assessment/comment: The site is suitable for the development proposed.


Assessment/comment: No submissions have been received.


Assessment/comment: It is a matter of public interest that applicable planning

controls in the LEP and DCP are upheld in the absence of a well-founded case




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being made for their variation. No other matters of public interest arise in this development application.

CONSULTATION

External Referrals

The DA was required to be referred to Endeavour Energy in accordance with cl.45 SEPP (Infrastructure) having regard to the location of an electricity infrastructure adjacent to the site’s northern boundary. Clause 45(2) provides that before determining a development application the consent authority must take into consideration any response to the notice that is received within 21 days after the notice is given. Referral to Endeavour Energy occurred on 1 August 2018. Subject to the recommendations and comments provided (and now included as recommended conditions of consent/notes (Condition 85) Endeavour

Energy has no objection to the Development Application.

Internal Referrals

The application was referred as follows:

Development Engineering provided comments as follows:

After reviewing the documents supporting the infill to the Civil Centre Courtyard, internal alterations/additions and re-sheeting the roofing, the following comments are made:

1. The works will bring no intensification to the building, therefore, the cark park

adjacent to the subject site, water connection and sewer connections are to remain the same and assumed sufficient from a traffic, water and sewer perspective.

2. The existing roof to be re-sheeted is simply able to connect into the existing stormwater infrastructure present on the building. And no additional stormwater works are required.

3. The infill to the Civic Centre Courtyard is simply creating a roofed area above an

existing impervious hardstand area. Therefore there is no increase to the impervious

area. The infill structure will also be able to connect into the existing stormwater

infrastructure and no additional stormwater works are required to the existing

system.

Therefore, as the proposed works are not altering the sewer, water, stormwater and traffic and the existing systems are sufficient for the proposed works, there are no conditions applicable for the works from the Development Engineering Department.

Council’s Senior Building/Accredited certifier has provided conditions which are included in

the recommended conditions of consent.




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The application was notified to surrounding residents between 11/7/18 and 27/7/18. No submissions were received.


Environment

No adverse environmental impacts are envisaged to arise from the proposed development.

Social

There are no social issues raised by this development.


There are no broader economic implications raised by this development.

Culture

There are no cultural issues raised by this development.

Governance



Operational Plan 2015 – 2016: OP:117 Provide development, building assessment and certifications services.


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


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

RELATED COUNCIL POLICY NA




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OPTIONS


Option 1

That Council approve Development Application 18/0744 for re-roofing, building upgrade and courtyard infill at Wingecarribee Council Civic Centre, 68 Elizabeth Street, Moss Vale subject to the conditions as set out in Attachment 1 to the report.

Option 2

That Council refuse Development Application 18/0744 for re-roofing, building upgrade and courtyard infill at Wingecarribee Council Civic Centre, 68 Elizabeth Street, Moss Vale in which case reasons for refusal are to be provided.

Option 1 is the recommended option to this report

CONCLUSION

The proposed works will result in a building of similar bulk, scale and character to the existing, but with a more cohesive and aesthetically attractive presentation to the public domain. The works give rise to variations in excess of 10% to the Height and FSR development standards under WLEP. The increase in height occurs primarily as a consequence of the size of the external building footprint and use of a clerestory feature which is centrally located within the existing building footprint, therefore resulting in a low external impact.

The increase in gross floor area arises from infill of the courtyard and of void space beneath the new roof, however the floorspace created is allocated to functions ordinarily incidental and ancillary to the established use of the Civic Centre and is unlikely to give rise to any material increase in impact associated with intensity of use. Clause 4.6 submissions have been provided in respect of each standard and are considered to be well founded. The proposed works are considered appropriate in terms of their impact on the local context and will not give rise to any material adverse environmental impacts nor impact on residential amenity. The development application is therefore recommended for approval

ATTACHMENTS

1. Draft Notice of Determination and conditions - circulated under separate cover

2. Plans of Proposal - circulated under separate cover

3. Clause 4.6 Submission - circulated under separate cover




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THIS ITEM WAS DEFERRED FROM THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 24 OCTOBER 2018

13.6 Section 4.55 Application to Modify Development Consent DA09/1157 - Proposed Alterations and Additions to Existing Dwelling - "Mount Broughton", 144 Mt Broughton Road, Werai

Reference: PN1702240, DA09/1157.05 Report Author: Senior Accredited Certifier Authoriser: Group Manager Planning, Development and Regulatory

Services Applicant: Kathy Barnsley Architect Owner: I. Scandrett & J. Scandrett Link to Community Strategic Plan: Provide a mixture of housing types that allow residents to


PURPOSE The purpose of this report is to consider a Section 4.55 modified development application 09/1157.05, which seeks consent to carry out alterations and additions to an existing dwelling at “Mount Broughton” 144 Mt Broughton Road, Werai. The application has been referred to Council for determination as the property owner is a Councillor. This report is prepared for determination and recommends APPROVAL.


RECOMMENDATION THAT modified development application DA 09/1157.05 for the carrying out of alterations and additions at Lot 1 DP 804846, “Mount Broughton” 144 Mt Broughton Road Werai be APPROVED subject to conditions as described in Attachment 1 to the report.

REPORT


The site is identified as Lot 1 DP 804846 and is known as “Mount Broughton” 144 Mt Broughton Road, Werai (Figures 1 and 2). The site is irregular in shape and has an area of

46HA and common boundary with five (5) other adjoining rural/residential properties (See site map).The land is Zoned E3 Environmental Management. An existing single storey dwelling and ancillary farm sheds are on the site (See aerial map).




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Figure 1 - Site Location




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Figure 2 – Aerial Image




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Background

The original consent DA 09/1157 was approved 4 March 2010 for alterations and additions to the existing dwelling at the subject premises. The consent was subsequently modified via Section 96 consent 09/1157.02 approved 8 February 2017.

The subject application was not required to be neighbour notified based on the site assessment, as the impacts of the modification on adjoining owners were considered to be negligible. Accordingly, neighbour notification was not required in accordance with Council’s Community Engagement Neighbour Notification Policy.


Modified Development Application 09/1157.05 has been lodged with Council pursuant to Section 4.55(1a) of the Environmental Planning and Assessment Act, 1979 (EP and A Act)

seeking consent to modify DA 09/1157 approved 4 March 2010. The main changes to the approved plans are described as the following:

Amend the size of the Porte Cochere (reduction in length),

Construct internal wall to separate billiards and cinema rooms,

Construct larger gym (increase in width),

Construction of a larger plant room (increase in width and reduction in length),

Relocation of study,

Amend size and layout of Bath 3 and powder room,

Construction of a scissor truss roof over the meals, billiards, conservatory and alfresco,

Construction of new walls in bed 2 and bath 1 for external door to plant room,

Extension of the decks on the western elevation,

Removal of swim spa within conservatory; and

Amend proposed onsite wastewater system.

Attachment 2 provides plans of the proposed development.


TYPE OF MODIFICATION (as prescribed by Section 4.55 of the EP & A Act):

1(A) Modifications involving minimal environmental impact

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and




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(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified

(a) "minimal environmental impact"

The proposed application seeks modification to an approved development for alterations and additions to an existing dwelling. The proposed modifications are minor in nature and considered to have minimal environmental impact as there are no additional earthworks, vegetation removal or the like required to facilitate the development.

(b) "substantially the same"

The proposed modification does not change the concept or fundamental elements of the originally approved development (DA 09/1157) and may be considered as 'substantially the same' development for the purposes of S4.55 of the Act.

(c) Notification- (Notification Deemed Necessary)

The original application was not notified to affected owners and/or advertised.

The subject application was not neighbour notified based on the site assessment and the subsequent opinion of the assessing officer, as the impacts of the modification on adjoining owners were considered to be negligible. Accordingly, neighbour notification was not required in accordance with Council’s Community Engagement Neighbour Notification Policy.

(d) Submissions

No submissions were received in relation to the subject application.




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(3) Section 4.15(1) Evaluation





The site is within the Warragamba Catchment and therefore the Catchment SEPP is applicable to the assessment of the application. The development is known as a Module 2 under the NorBE Guidelines and therefore Council has assumed concurrence to consider water quality. The NorBE Tool was used to determine that the development can achieve a neutral or beneficial effect on water quality.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A modified BASIX Certificate was submitted with the application (A72371_03). The BASIX Certificate satisfies the State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.





The site is zoned E3 – Environmental Management and in this zone, a dwelling house

and ancillary structures are permissible with development consent. The objectives of the E3 zone are as follows:

Objectives of zone

• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

• To provide for a limited range of development that does not have an adverse effect on those values.

• To encourage the retention of the remaining evidence of significant historic and social values expressed in existing landscape and land use patterns.

• To minimise the proliferation of buildings and other structures in these sensitive landscape areas.

• To provide for a restricted range of development and land use activities that provide for rural settlement, sustainable agriculture, other types of economic and employment development, recreation and community amenity in identified drinking water catchment areas.

• To protect significant agricultural resources (soil, water and vegetation) in recognition of their value to Wingecarribee’s longer term economic sustainability.




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Rural Lands Development Control Plan

The applicable sections of the Rural Lands DCP are addressed below:


Part A – Managing Our Rural Lands

Section 2 – Classification and Distribution of Rural Lands

The proposal is generally in accordance with the nominated objectives of this Section.

Section 3 – Ecologically Sustainable Development

The proposal is generally in accordance with requirements of this Section.

Section 4 – Vegetation Management

Council’s Vegetation Map indicates the site does not comprise any endangered ecological communities. Existing vegetation on site comprises a mix of exotic and native species of trees, shrubs and managed grassed areas.


The development proposes an onsite wastewater disposal system. The NorBE Tool was used to determine that the development can achieve a neutral or beneficial effect on water quality.

Part B Development – Specific Controls

Section 2 – Residential and Ancillary Development

The proposed modifications are generally in accordance with the nominated objectives and controls of this Section.

Section 4.15(1) - Evaluation (1) Matters for consideration—general




It has been demonstrated the DA complies with the Wingecarribee Local Environmental Plan 2010 and relevant SEPP’s.




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Not applicable.


It has been demonstrated the development satisfactorily complies with the relevant controls of the Rural Lands DCP.


Not applicable.


Not applicable.


Not applicable.

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, The development is considered to have a negligible impact on the locality as demonstrated throughout the report.


The site is considered to be suitable for the proposed development as modified.




The proposed alterations and additions to the existing dwelling do not change the concept or fundamental elements of the originally approved development and may be considered as 'substantially the same' development for the purposes of S4.55 of the EP and A Act 1979. The appropriate use of existing rural lands is in the public interest.




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CONSULTATION


No pre-lodgement meeting was held with the applicant or the landowner.

Internal Referrals


Environmental Protection Officer

Site and Soil Evaluation Report reviewed and Norbe assessment completed. Conditions of consent provided regarding the effluent disposal system.


The subject application was not neighbour notified based on the site assessment and the subsequent opinion of the assessing officer, as the impacts of the modification on adjoining owners were considered to be negligible. Accordingly, neighbour notification was not required in accordance with Council’s Community Engagement Neighbour Notification Policy.


Environment


Social




Culture


Governance







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An assessment of the proposals has been made against Council’s Wingecarribee LEP 2010 and Council’s Rural Lands Development Control Plan.

OPTIONS


Option 1

Approve the modified development application conditionally (Attachment 1 – Draft

Conditions of Consent).

Option 2

Refuse the modified development application, in which case, Council would need to provide reasons for refusal.


CONCLUSION

The modified development application has been assessed in accordance with the matters for consideration under section 4.55 of the Environmental Planning & Assessment Act 1979, and all relevant environmental planning instruments and Council policies, and it is recommended the modified application be determined by way of approval, subject to the conditions nominated in Attachment 1.




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ATTACHMENTS

1. 09/1157.05 - Draft Conditions of Consent - circulated under separate cover

2. 09/1157.05 - Plans - circulated under separate cover




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THIS ITEM WAS DEFERRED FROM THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 24 OCTOBER 2018

13.7 Review of Resolution to Amend the Minimum Lot Size of 15 Gibraltar Road, Mittagong

Reference: PN578200, 5901/52 Report Author: Senior Strategic Land Use Planner Authoriser: Coordinator Strategic Land Use Planning Link to Community Strategic Plan: Maintain inter-urban breaks (i.e. the green between) and

rural landscape between towns

PURPOSE The purpose of this report is to enable Council to consider the resolution of 12 July 2017 to amend WLEP 2010 to reduce the minimum lot size of land at Gibraltar Road Mittagong and confirm its decision specifically with regard to Lot 107 DP15496, 15 Gibraltar Road Mittagong.



RECOMMENDATION 1. THAT a Planning Proposal be supported for the subdivision of Lot 107 DP15496

(15 Gibraltar Road, Mittagong) by means of Schedule 1 (Additional Permitted Uses) of WLEP 2010 in order to create one (1) lot of one (1) hectare containing the existing dwelling house adjacent to Gibraltar Road, and one (1) lot containing the remainder of the subject land.

2. THAT a restriction be placed on the title of any newly created lot to limit the

number of dwellings on that site to one (1).

REPORT

BACKGROUND

This matter was reported to Council at its meeting held on 24 October 2018. As no Council resolution was made in relation to the matter, the report is being re-submitted to Council for a decision.

In September 2003, and again in July 2005, the owners of 15 Gibraltar Road, Mittagong sought approval from Council to subdivide their land. Council records confirm that, on both occasions, neither request was supported.




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In 2011, during the preparation of the Wingecarribee Local Planning Strategy 2015-2031, Council received a further request from the owner of the subject land that the Strategy support amending WLEP 2010 to enable consideration of a development application to create a two lot subdivision to locate each of two existing dwellings on the site on its own lot. An extract from that email request follows:

We have 16 acres at 15 Gibraltar Rd, Mittagong which currently has 2 dwellings on it (all approved by Council) …While we have no intention of splitting the block into little pieces it would make sense to utilise the houses that have already been council approved. Could you please take this into consideration when reviewing your 2031 plan.

Following assessment of the request, Council resolved at its Ordinary Meeting of 24 June 2015 as follows (MN 315/15):

More detail on the assessment process is provided in the body of the report, but the principal factors were the shape and size of the lot, the location of the two existing dwellings on the site as indicated in Figure 1 below, that a smaller lot fronting Gibraltar Road would be consistent with neighbouring lots, and that the remaining portion of the lot, being 5.8ha, would remain above the 4ha minimum lot size.

Figure 1 – Location of Subject Land on Gibraltar Road (enlarged at Attachment 1)




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An amendment to the minimum lot size (to create the 1ha lot containing the dwelling closest to Gibraltar Road) was considered the most appropriate mechanism for achieving this outcome. The use of development standards, such as zoning and minimum lot size, to confirm dwelling permissibility through the LEP is generally encouraged by the Department of Planning & Environment. It was also considered that this mechanism provided the opportunity to consider the merit of extending the 1ha minimum to neighbouring lots on Gibraltar Road, also informally supported by the Department.

It is noted that a planning strategy is a working document, intended to provide a vehicle for the progression of matters deemed to have broad strategic merit. Through a more detailed assessment process, they can be, and often are, amended. In some cases, Council may decide after due consideration to not proceed at all.

Following public exhibition of the draft Strategy, the final Wingecarribee Local Planning Strategy 2015-2031 was adopted by Council at its Ordinary Meeting of 23 March 2016 and included the following resolution (MN 122/16) THAT

In response to the adoption of the Local Planning Strategy, a Planning Proposal was submitted by Bureaucracy Busters Town Planning Consultants in October 2016. The Planning Proposal was assessed as seeking an amendment to the minimum lot size to the extent of enabling Council to accept and determine a two (2) lot subdivision. This was based on the proponent’s initial request and the fact that it included the property assessment from the Mittagong Precinct Plan supporting a two (2) lot subdivision. The Planning Proposal forms Attachment 2 to this report.

At its Ordinary Meeting of 12 July 2017, Council considered a report to amend the minimum lot size of the subject land and certain neighbouring properties, again with the intent of enabling consideration of a two (2) lot subdivision. At the Ordinary Meeting of Council of 12 July 2017 it was resolved (MN 309/17) THAT:

In August 2018, the proponent contacted Council noting that the resolution of 12 July 2017 applied a minimum lot size amendment to only part of the subject site, whereas previous resolutions applied the amendment to the whole site. The proponent further advised that it was the intent of his Planning Proposal to seek a minimum lot size amendment to the whole of the lot, enabling subsequent consideration of an application for subdivision of up to six (6) lots.

Therefore, to ensure procedural fairness, the Planning Proposal has been reassessed as intended by the proponent. The proponent has also asked Council to consider the option of supporting an amendment to WLEP 2010 to enable a three (3) lot subdivision to be




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considered to create a separate lot for each habitable building on the site. These considerations form the body of this report.

REPORT

Strategic Assessment

Any strategic assessment to determine the merit or otherwise of amending either the zoning or minimum lot size controls of a site or locality would normally occur without any reference to existing development on the site. The locality and any specific environmental or other sensitivities associated with it would be identified, planning controls applicable under WLEP 2010, both to the site and to neighbouring land, with regard to zoning, minimum lot size and permitted land uses would be noted and their ongoing relevance determined, and the level of infrastructure services and capacities reviewed.

Strategic land use planning itself operates within a broader state and regional context, framed by the Environmental Planning & Assessment Act 1979 (EP&A Act), relevant

Regional Plans and Strategies and the aims and provisions of WLEP 2010. Further informing strategic land use decisions are the goals and priorities of the Community Strategic Plan (CSP).

If the strategic assessment is deemed to warrant further consideration of a potential change to the prevailing planning controls, such as by rezoning or a reduction to the minimum lot size, further assessment of the site or locality would then occur to determine to what extent the development potential any proposed amendment might be impacted by site specific features or constraints.

This report provides the strategic assessment relevant to consideration of any amendment to WLEP 2010 to reduce the minimum lot size.

Location of Subject Land

The subject land is located at 15 Gibraltar Road Mittagong. Gibraltar Road is located as indicated in Figure 2 below. The subject site is located on the eastern side of Gibraltar Road as indicated in Figure 3 below and has an area of approximately 6.8ha with a narrow

portion closest to the street of approximately 1ha, consistent with the predominant lot pattern along Gibraltar Road.




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Figure 2 – Location of Gibraltar Road (enlarged at Attachment 3)




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Figure 3 – Location of the subject site (enlarged at Attachment 4)

Relevant State Legislation and Strategies

Land use planning in NSW is administered through the EP&A Act. Two ‘objects’ or aims of the Act of particular relevance to this matter are:

to promote the orderly and economic use and development of land (object (c)), and

to protect the environment, including the conservation of threatened and other species of native animals and plants, ecological communities and their habitats (object (e)).

At the time of the initial request the relevant regional plan was the Sydney Canberra Corridor Regional Strategy which recognised the three distinctive towns of Mittagong, Bowral and Moss Vale, noting that “all three centres play a complementary role, although their distinctive character needs to be reinforced through the separation of their respective urban areas by extensive bushland, floodplain and rural land. It is critical to maintain this distinction and not allow these towns to be joined by development”. (page 32)

This separation of towns and villages, or the ‘green between’ as it came to be known is also recognised in the Wingecarribee 2031 Community Strategic Plan and in the Wingecarribee Local Planning Strategy 2015-2031.

It is the intent of planning controls within WLEP 2010 to give effect to these state, regional and community goals and priorities.




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Planning Controls

The subject land and its immediate locality were zoned 1(c) Rural (Smallholdings) under WLEP 1989 and are now zoned E4 Environmental Living under WLEP 2010 as indicated in Figure 4 below.

The E4 zone is located between two areas of R5 Large Lot Residential zoned land to the north and south and two environmental protection zones to the west (E2 Environmental Conservation) and east (E3 Environmental Management).

Figure 4 – Zoning Context (enlarged at Attachment 5)

Supporting the E4 Environmental Living zone is a minimum lot size of 4ha as indicated in Figure 5 below. A minimum lot size of 4ha also applied to the 1(c) Rural Small Holdings under Development Control Plan (DCP) 16 (Rural & Residential Development Standards) which supported WLEP 1989.




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Figure 5 – Minimum Lot Size context (enlarged at Attachment 6)

The objectives of the E4 Environmental Living zone are:

1) To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

2) To ensure that residential development does not have an adverse effect on those values.

3) To encourage the retention of the remaining evidence of significant historic and social values expressed in existing landscape and land use patterns.

4) To provide for a restricted range of development and land use activities that provide for rural settlement, sustainable agriculture and other types of economic and employment development, recreation and community amenity in identified drinking water catchment areas.

5) To manage land in a way that minimises impact on its environmental and scenic value from adjacent and nearby development and land use activity.

6) To minimise the proliferation of buildings and other structures in these sensitive landscape areas.

Objectives (1) and (2) of the E4 zone are mandated in the standard instrument and emphasise the importance of the zone in the protection of areas of ecological, scientific or aesthetic values through limiting the extent and scale of residential development. The remaining E4 objectives are also clear in their intent to ensure that environmental, heritage and scenic values take precedence over residential development objectives.




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It is acknowledged that the proponent is not seeking to rezone the subject land, however the fact that the 4ha minimum lot size results from that zoning requires that the ongoing relevance of the zone be determined. To do this, the significance of any neighbouring areas of ecological, scientific or aesthetic value need to be identified and assessed. Three key aspects of environmental sensitivity of relevance to this assessment have been identified.

Mount Gibraltar and Trachyte Quarries Complex

The E4 Environmental Living zone adjoins the extensive ‘Mount Gibraltar and Trachyte Quarries Complex’, as indicated in Figure 6 below. Since the making of WLEP 2010 this extensive area of high environmental and historic value has been included on the State Heritage Register due to its natural environmental and European heritage qualities deemed to be of state significance.

Figure 6 – Extent of the Mt Gibraltar &Trachyte Quarries Complex (enlarged at Attachment 7)

Ecological Communities

Zone objectives sit within WLEP 2010 which contains its own general aims, a key one being to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of Wingecarribee.

As indicated in Figure 7 below, the subject site itself is free of any vegetation community, however the general locality contains a diverse range of ecological communities, some listed as Threatened Ecologically Communities (TECs) under State and Federal legislation.




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Mt Gibraltar Forest is the most dominant ecological community within the Mt Gibraltar complex being identified as a Threatened Ecological Community (TEC) under state and federal legislation. Remnants of Mittagong Shale Woodland, while not TEC, also cover an extensive area. Smaller remnants of TEC include Southern Highlands Shale Woodland and Robertson Basalt Tall Open Forest. The limited access afforded by Gibraltar Road due to it being an unformed road through an area of Southern Highlands Shale Woodland at its southern end is noted.

Figure 7 – Ecological Communities Context (enlarged at Attachment 8)

Fauna and Flora Habitat

A key significance of these ecological communities, apart from their own inherent value, is that they also provide flora and fauna habitat. Ecological communities within the vicinity of the subject land offer extensive koala habitat and there have been several koala sightings in the vicinity as indicated by red dots on Figure 8 below. It is noted that one sighting was on

Gibraltar Road immediately in front of the subject site.




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Figure 8 – Koala Sightings (enlarged at Attachment 9)

In recent years, the Southern Highlands has become a focus for significant investment in koala conservation, with four projects operating concurrently in the region, as follows:

1. Southern Highlands Koala Conservation Project

The Southern Highlands Koala Conservation Project is an ongoing project established in 2014 by Wingecarribee Shire Council in partnership with the NSW Office of Environment & Heritage (OEH) (Wollongong regional office) and the University of Sydney. The project has focussed primarily on establishing koala population estimates and habitat profiles, with the information directly informing the identification of corridors and complementing significant investments from Council in fine-scale vegetation mapping. One of the most significant findings from the project has been an official estimate of over 3,000 koalas residing in the Wingecarribee Shire, making it the largest population in southern NSW and representing approximately 10% of the total number of koalas estimated to be living in the wild in NSW.

2. Saving Our Species - Southern Highlands Koala Conservation Project

The NSW State Government’s Saving Our Species program has provided Wingecarribee Shire Council with $450,000 over 3 years to ensure that the koala population of the Southern Highlands is secure and resilient to future land-use change, disease outbreaks and natural disasters. The project seeks to reconnect habitat at several critical ‘pinch-points’ and facilitate protection of bushland via private land conservation agreements. It will create an unbroken network of habitat connecting all koalas of the Southern Highlands, address critical threats and strengthen partnerships to ensure they are secure in the region for 100 years and beyond.




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3. Koala Habitat Information Base for NSW

Wingecarribee Shire Council is currently assisting the NSW State Government with the establishment of a Koala Habitat Information Base for NSW, using Wingecarribee as the State's pilot region. The Koala Habitat Information Base is an $8.9 million project funded under the NSW Koala Strategy and aims to have the best available information about koala habitat and koala population distribution in New South Wales.

4. Public Land management Inter-agency working group – Koala habitat management pilot project Wingecarribee Shire Council is currently working with representatives from NSW Government land management agencies to identify and implement collaborative approaches that improve the management of koala habitat across public lands in the Wingecarribee region. This is a 12-month pilot project commissioned by the Public Land Management Committee, an interagency committee established to maximise the benefits to the community from public land in NSW.

The fact that the Shire is now known to contain a koala population of national significance, resulting in the investment of some $10 million in koala conservation has major implications for future land use planning, particularly in the location of new housing release areas as well as any increase in density in existing localities. Impacts on rural residential development in particular can be significant due to the direct interface between fauna habitats and urban living.

Strategic Conclusions

Following the strategic assessment outlined above, Council concluded that the E4 Environmental Living zone and the 4ha minimum lot size remain the most appropriate controls for this locality. The minimum lot size under WLEP 1989 was 4 hectares and the locality developed in line with zone objectives to create a rural residential enclave of established homes and gardens. The subject area has always been an environmental buffer between Bowral and Mittagong and the Wingecarribee community has always valued the separation of towns and villages.

Nothing has changed in recent years to warrant any change to the current zoning or minimum lot size of the area. Quite the contrary, since 2005, the Mount Gibraltar and Trachyte Quarries Complex has been included on the State Heritage Register. Updated biodiversity mapping and significant state and regional investment in koala research have greatly improved Council’s understanding of the environmental sensitivities of this locality.

Therefore, from a strategic land use perspective, Council would be unlikely to consider any amendment to either the zoning or minimum lot size of the locality, and even less likely to apply significant zone or minimum lot size amendments to an individual site.

However, the preparation of the Local Planning Strategy attracted many requests for the amendment of WLEP 2010. All were considered through the same strategic assessment process resulting in a summary report for each which was included in the relevant Precinct Plan of the adopted Local Planning Strategy for those requests which were supported.




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Assessment of request to enable consideration of a two (2) lot subdivision

In assessing the proponent’s request the following factors were noted. The first was that the subject land is of a distinctive shape and size reflecting a consistent street frontage subdivision pattern. As Figure 9 below details, the subdivision pattern reflects lots of

approximately 1ha fronting Gibraltar Road with, at intervals, larger lots to the rear, one of which is the subject land.

Figure 9 - Lot pattern fronting Gibraltar Road (enlarged at Attachment 10)

This street pattern originates from the subdivision of a property known as Whinstone Park Estate. The 1928 registered subdivision plan for Whinstone Park, an extract of which is shown at Figure 10 below, indicates a pattern of lots ranging from 1 acre (approximately

4000m2) to 3 acres (approximately 1ha). It is noted that Whinstone Park was originally formed from lots within the Gibraltar Estate, a substantial landholding extending from Mittagong to Bowral, which were offered for sale by auction in early 1881.




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Figure 10 – Portion of registered subdivision plan for Whinstone Park, 1928 (enlarged at Attachment 11)

The second factor was the location of the two existing dwellings, one close to Gibraltar Road within the narrower portion of the site and one within the broader portion to the rear as indicated in Figure 11 below.

Figure 11 – Location of Dwellings on Subject Land (enlarged at Attachment 12)

The fact that one of the approved dwellings could be located on its own lot of approximately 1ha with the remaining 5.8ha on its own lot maintaining the 4ha minimum lot size, as




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indicated in Figure 12 below, and maintaining the existing lot pattern to the street was the

principal determinant in including the site in the Wingecarribee Local Planning Strategy. As indicated in the Strategy, and referenced in the proponent’s Planning Proposal (page 12), “the separation by subdivision of the two existing dwellings on the property would have minimal impact on the locality or surrounds because there would be no physical works associated with the change in lot size”.

Figure 12 Proposed 2 lot Subdivision (enlarged at Attachment 13)

The third factor was that neighbouring lots already at approximately 1ha did not enjoy dwelling permissibility under the minimum lot size provisions of WLEP 2010. This situation was noted by the Department of Planning & Environment during its preliminary assessment of the draft Local Planning Strategy with support for the proposed amendment including those lots.

Assessment of 1ha minimum lot size across entire site

As stated in the background to this report, Council was advised in August 2018 that the Planning Proposal submitted to Council in October 2016 in fact sought to apply the 1ha minimum lot size across the entire site enabling a development application to be lodged and assessed as a potential six (6) lot subdivision.

As with the initial assessment, this proposal is considered from the perspective of whether such a subdivision is the best strategic land use outcome for the site and locality. Although it would be the role of any subsequent development application to determine whether a six (6) lot subdivision is achievable, some consideration of potential site features is warranted in order to provide Council with all relevant information.

Bushfire Prone Land

Figure 13 below indicates the extent of bushfire prone land within the vicinity of the subject

land, largely reflecting the vegetation patterns in Figure 7 (Attachment 8) above.




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Figure 13 – Bushfire Prone Land Context (enlarged at Attachment 14)

The NSW Rural Fire Service advises that it has no objection to a six (6) lot development, but, “in recognition of the increase in density and traffic generation resulting from the proposal and the likelihood that adjoining properties may request a similar reduction in Minimum Lot Size, Council should give consideration to the construction of Gibraltar Road to a public road standard through to Merrigang Street in the south, thereby providing an alternate access/egress path in the event of an emergency evacuation”.

Land Capability

There are a number of factors which may limit the future subdivision potential of the site. Of particular relevance is the fact that it slopes significantly from south to north, falling from 785 metres AHD (Australian Height Data) just beyond the southern boundary to 755 metres AHD on the northern boundary, a total of some 30 metres over a distance of some 160 metres. Figure 14 below indicates the 5 metre contour levels across the subject site and neighbouring properties.




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Figure 14 – Contours on the subject land (enlarged at Attachment 15)

It is further noted that the area is known for geotechnical instability. WLEP 1989 identifies the land south of Duke Street as having been the subject of an Urban Capability Study and identified as subject to slip or subsidence. Figure 15 below provides an extract of WLEP

1989 with the affected area coloured pink.

Both the slope of the site and the fact that it is within a broad area of identified land slip and subsidence potential pose significant land capability constraints on the extent of future subdivision.




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Figure 15 – Extract from WLEP 1989 map (enlarged at Attachment 16)

Water & Sewer Services

Figure 16 below indicates the extent of water (blue dots) and sewer (red dots) infrastructure

services. Reticulated water is available along Gibraltar Road. Water NSW does not object to the consideration of the site for six lots and preliminary assessment by Counc il’s development engineers indicate that water and stormwater management is possible.

There is no reticulated sewer infrastructure available on Gibraltar Road. Preliminary advice from Council’s development engineers suggests that the most practical option for future subdivision would be onsite treatment systems given that the more desirable outcome, of providing sewer infrastructure, would probably be cost prohibitive. Should a Development Application be lodged for further subdivision it is expected that additional studies and reports would be provided to address these issues.




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Figure 16 – Water and Sewer Infrastructure (enlarged at Attachment 17)

Conclusion

From a servicing perspective, there appear to be no issues with water or stormwater management. However, the lack of reticulated sewer would be more of a concern requiring additional studies to determine absorption capability based on soil type and slope impacts.

Advice from the NSW Rural Fire Service is that it has no objection to such a subdivision, although in view of the increased density resulting from this and potential future development, Gibraltar Road may require upgrading to improve access.

Access to the site itself may also limit subdivision potential without formalised road access. Existing buildings have their own access directly from Gibraltar Road, but this would not be adequate for additional lots. A maximum of three (3) lots can be serviced off a single right-of-way access. For more than three (3) lots, a private road must be constructed to a minimum width of 15 metres. It is not certain that such a road could be provided within the access space available.

While most of these site constraints, on their own, could be addressed, their cumulative impact may be sufficient to limit total lot yield on the site. But even if they could be overcome, the question remains as to whether such a subdivision is a desirable strategic outcome.

As stated previously, sound strategic merit remains for retaining the E4 Environmental Living zone and the associated 4ha minimum lot size. Therefore, it is recommended that this option not be supported.




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Amendment to WLEP 2010 to enable consideration of a 3 lot subdivision

Council was also asked to consider an amendment to WLEP 2010 to enable consideration of a three (3) lot subdivision on the basis that the site currently contains three (3) approved dwellings.

As with the previous assessments, this proposal is considered from the perspective of whether such a subdivision is the best strategic outcome for the site and locality.

Council records confirm that the site contains two (2) approved dwellings – a principal dwelling (DA 09/1065) and a dwelling approved for use as tourist accommodation (DA 06/0814). Alterations and additions to the tourist accommodation were approved in 2009 (DA 09/0284).

Consent for a Machinery Shed and Studio was also granted by Council in 2009 (DA 09/0710). The studio component of this building is habitable, but not self-contained, so does not constitute a separate dwelling under this approval.

In this regard, it is noted that Condition 10 of the DA 09/0710 Consent for the machinery shed and studio requires that, prior to the issue of any Occupation Certificate, a Restriction be placed on the Title to the effect that “the use of the studio as a separate self-contained dwelling is prohibited and the machinery shed must be used only as a non-habitable building ancillary to the main dwelling house on the land”.

To date, no restriction has been placed on the title and it appears that no Occupation Certificate has been issued. The location of these buildings is indicated in Figure 17 below.

Figure 17 – Location of buildings on the subject site (enlarged at Attachment 18)

It is noted that an amendment to WLEP 2010 to enable consideration of a three (3) lot subdivision would result in three (3) undersized allotments if a DA were approved. From a strategic perspective Council would not normally support this outcome.

Council was prepared to consider amending WLEP 2010 to enable consideration of a two (2) lot subdivision because it would be consistent with the current lot pattern fronting Gibraltar Road and would create a remaining lot of at least 4ha. Had the two existing dwellings been located so as to not continue this lot pattern, it is unlikely that the proposal would have been supported.




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The same argument cannot be used to justify an amendment to enable consideration of three (3) lots, especially as they would all be undersized. Council constantly receives requests to subdivide existing dual occupancy developments. Even in the R2 Low Density Residential zone, these requests are usually not supported. To support them would be to significantly erode the current minimum lot size standard.

It is noted that Council is currently seeking to amend WLEP 2010 to strengthen its controls with regard to resisting such subdivision. If Council is unwilling to support such subdivision in the R2 Low Density Residential zone it would be totally inconsistent to support it in the E4 Environmental Living zone.

It is therefore recommended that any amendment to WLEP 2010 to enable consideration of a three (3) lot subdivision not be supported.

Review of the preferred mechanism for amending WLEP 2010

Throughout this report the minimum lots size standard has been identified as the preferred mechanism for any amendment to WLEP 2010. This is the mechanism generally encouraged by the Department of Planning & Environment to confirm dwelling permissibility under an LEP.

As the potential of up to six (6) lots is now under consideration, one emerging concern is the potential to create additional dwellings through the permissibility of dual occupancy development in the E4 zone subject to Council consent. One method of ensuring that this does not occur would be to place a restriction on the title of any newly created lot through subdivision that only one (1) dwelling is to be permitted on each lot.

In view of this, a more preferable mechanism to the minimum lot size in achieving any subdivision potential may be the use of Schedule 1 (Additional Permitted Uses) of WLEP 2010. One significant benefit of using Schedule 1 is that it can be worded to confirm the intended total lot yield of approved development.

A second benefit is that, by retaining the minimum lot size, current controls are maintained and supported across all E4 zones with no expectation within the community that they will change without sound strategic justification. While this approach would not give effect to confirming dwelling permissibility to neighbouring lots at 1ha by means of the minimum lot size, the enduring significance of this locality as a rural residential environment, the high environmental significance of the surrounding locality and the fact that the 4ha minimum lot size has been in place and served the area well for almost 30 years, all give cause to conclude that it may well be preferable to leave the 4ha minimum in place.

It is therefore further recommended that any amendment to WLEP 2010 to enable subdivision of the subject land be done by means of Schedule 1.


There are no Fit for Future impacts resulting from this report.




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The subject land was included in a comprehensive Planning Proposal for which a Gateway Determination was issued on 18 June 2018. The Determination described the Planning Proposal (PP_2018_WINGE_004_00) as “Implementing changes to zoning, minimum lot size and other planning controls arising from the Wingecarribee Local Planning Strategy.”

If Council resolves to proceed with an amendment to WLEP 2010 to enable an application for subdivision, regardless of the potential number of lots, no amendment to the Gateway Determination is required and community consultation can proceed in accordance with the Determination. All relevant reports and resolutions relevant to the subject land would be included in the exhibition material. At the conclusion of the exhibition period, a report will be prepared for Council including any submissions received from the community in relation to the proposed amendment to WLEP 2010.


Preliminary consultation has occurred with staff in the Strategic Planning, Planning & Development and Environment & Sustainability Branches of Council.


Consultation with Water NSW and the NSW Rural Fire Service has occurred as required by the Gateway Determination with regard to the potential subdivision of up to six (6) lots and no further referrals are considered necessary under the Gateway Determination.


Environment

The environmental sensitivities of the locality have been addressed in considering potential subdivision options for the subject land.

Social




Culture

The heritage sensitivities of the locality have been addressed in considering potential subdivision options for the subject land.

Governance

The purpose of the report is to ensure that procedural fairness is granted to the proponent prior to the Planning Proposal proceeding in accordance with the Gateway Determination.




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Council’s adopted fees and charges require a Planning Proposal fee to be paid. It is noted that the Planning Proposal was submitted prior to Council’s current policy of requiring payment at the time of lodgement.


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

OPTIONS

The options available to Council, considered in the body of the report are:

Option 1

That Council amend WLEP 2010 to enable an application for a six (6) lot subdivision on the subject land to be considered.

Option 2

That Council amend WLEP 2010 to enable an application for a three (3) lot subdivision on the subject land to be considered to enable each of three (3) habitable buildings to be located on its own lot.

Option 3

That Council amend WLEP 2010 to enable an application for a two (2) lot subdivision on the subject land to be considered to locate each of (2) two existing dwellings on its own lot.


CONCLUSION

This report provides a strategic assessment of the subject site and its immediately locality as a basis for considering potential subdivision options for the subject site.

The report identifies the key strategic assessment criteria as they apply to the subject land and its surroundings as a framework for assessing potential subdivision options. The report recommends an amendment to WLEP to enable consideration of a two (2) lot subdivision to locate each of two (2) existing dwellings on its own lot. The report also recommends that the preferred amendment mechanism be Schedule 1 (Additional permitted uses) in WLEP 2010.

ATTACHMENTS

1. Figure 1 - Location of Subject Land on Gibraltar Road - circulated under separate cover

2. Proponent's Planning Proposal - circulated under separate cover

3. Figure 2 - Location of Gibraltar Road - circulated under separate cover

4. Figure 3 - Location of the Subject Site - circulated under separate cover

5. Figure 4 - Zoning Context - circulated under separate cover

6. Figure 5 - Minimum Lot Size Context - circulated under separate cover




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7. Figure 6 - Extent of the Mt Gibraltar and Trachyte Quarries Context - circulated under separate cover

8. Figure 7 - Ecological Communities Context - circulated under separate cover

9. Figure 8 - Koala Sightings - circulated under separate cover

10. Figure 9 - Lot Pattern Fronting Gibraltar Road - circulated under separate cover

11. Figure 10 - Portion of Registered Subdivision Plan for Whinstone Park, 1928 - circulated under separate cover

12. Figure 11 - Location of Dwellings on Subject Land

13. Figure 12 - Proposed 2 Lot Subdivision - circulated under separate cover

14. Figure 13 - Bushfire Prone Land Context - circulated under separate cover

15. Figure 14 - Contours on the Subject Land - circulated under separate cover

16. Figure 15 - Extract from WLEP 1989 Map - circulated under separate cover

17. Figure 16 - Water and Sewer Infrastructure - circulated under separate cover

18. Figure 17 - Location of Buildings on the Subject Site - circulated under separate cover




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13.8 Post Exhibition Report on Rezoning of 22 Parkes Road

Moss Vale

Reference: 5901/59, PN1733790 Report Author: Senior Strategic Land Use Planner Authoriser: Coordinator Strategic Land Use Planning Link to Community Strategic Plan: Provide a mixture of housing types that allow residents to


PURPOSE

The purpose of this report is to enable Council to consider the finalisation of the post exhibition of a Planning Proposal to amend WLEP 2010 to rezone Lot 2 DP 1049909 (22 Parkes Road Moss Vale) from IN2 Light Industrial to R2 Low Density Residential with a minimum lot size of 700m2.



RECOMMENDATION

THAT the exhibited Planning Proposal to amend Wingecarribee Local Environmental Plan 2010 to rezone Lot 2 DP 1049909 (22 Parkes Road, Moss Vale) from IN2 Light Industrial to R2 Low Density Residential with a minimum lot size of 700m2 be adopted, AND THAT the amendment to Wingecarribee Local Environmental Plan 2010 supported in the Planning Proposal be finalised in accordance with s.3.36 of the Environmental Planning and Assessment Act 1979.

REPORT

BACKGROUND

At its Ordinary Meeting of 10 May 2017, Council considered a Planning Proposal from Lee Environmental Planning on behalf of the owner of Lot 2 DP 1049909 (22 Parkes Road, Moss Vale). Figure 1 below indicates the location and zoning context of the subject land. The Proposal seeks to rezone the subject land from IN2 Light Industrial to R2 Low Density Residential with a minimum lot size of 700m2, consistent with surrounding R2 zoned land.




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Figure 1 - Location & Zoning Context of the Subject Land (enlarged at Attachment 1)

The subject land covers an area of some 5,400m2 and was most recently the business of Highland Sand and Gravel. The site comprises the western most portion of an area of IN2 Light Industrial zoned land along Parkes and Lackey Roads, Moss Vale. As indicated in Figure 1 above, the IN2 zone is bounded to the north, west and south west by land zoned R2 Low Density Residential. Land to the immediate south and east (across the railway line) is zoned B5 Business Development.

The report of 10 May 2017 noted that Council would not normally consider a request to rezone land from an industrial to a residential zone. Ministerial Directions issued under s9.1 of the Environmental Planning & Assessment Act 1979 require Council to demonstrate

consistency with those Directions when preparing a Planning Proposal. Direction 1.1 applies to all business and industrial zoned land and requires Council to ensure that the supply of such land is protected. Any inconsistency must be justified. In the case of the subject land, the Planning Proposal was prompted by the proponent’s intention to relocate the current business from the site.

It was further noted that the site effectively extends beyond the interface between the current R2 and IN2 zones. Under WLEP 1989 the interface between the 2(a) Residential zone and the 4(a) Industrial zone ran along the rear boundary of the smaller lots fronting Garrett Street. The extent of the original industrial zone is indicated by the yellow line in Figure 2 below.




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Figure 2 - Zoning under WLEP 1989 (enlarged at Attachment 2)

Under WLEP 2010 the 1989 boundary was aligned with existing property boundaries effectively increasing the residential zoned land. The exception was the subject site which retained its industrial zone because of the current land use at that time. The relocation of the existing business provides the opportunity to review the zoning of the subject land.

After consideration of the report at its Ordinary Meeting of 10 May 2017, Council resolved:

THAT the proposal to rezone Lot 2 DP 1049909, 22 Parkes Road Moss Vale, from IN2 Light Industrial to R2 Low Density Residential with a minimum lot size of 700m2 be supported.

Council subsequently lodged a Planning Proposal with the Department of Planning & Environment for a Gateway Determination and a Determination supporting the progress of the Proposal was issued on 23 May 2018. Council was authorised as the plan-making authority with regard to this Planning Proposal.




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REPORT

The Gateway Determination required referral to Water NSW prior to public exhibition. Water NSW responded as follows:

The Planning Proposal, updated for the Water NSW response, was placed on public exhibition for a period of 31 days from Wednesday 11 July to Friday 10 August 2018. Notification of the Planning Proposal was included on Council’s Community Update page of each Wednesday issue of the Southern Highland News during the exhibition period.

The Planning Proposal and associated documentation was available to view at Council’s Customer Service Counter during opening hours. Exhibition material was also available to view via Council’s website as well as at the Bowral, Moss Vale, Mittagong and Mobile Libraries.

Surrounding premises were notified by mail and information about the exhibition was also included in the E-Newsletter distributed to 1,255 recipients with a further 2,268 members of ‘Your Say Wingecarribee’ receiving notification. The Planning Proposal as exhibited forms Attachment 3 to this report.

No submissions were received in response to the exhibition of the Planning Proposal.


There are no implications for Council’s Fit for the Future Improvement Plan resulting from this report.



Community engagement occurred as required by the Gateway Determination and as described in this report.


The Planning Proposal was referred to Development Engineering staff for comment on stormwater management requirements.


Referral to Water NSW occurred as required by the Gateway Determination. A summary of the Water NSW response is contained in this report.




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Environment

The land is beyond the range of the Whites Creek Flood study, but any future development of the site would require the preparation of stormwater management studies to support the Development Application.

Social

The proposal creates the opportunity to provide housing choice, in terms of housing type and size and lot size in a location with reasonable access, via Lackey Road and the railway overbridge, to public transport and the Moss Vale commercial centre.



Culture


Governance

The Planning Proposal has progressed in accordance with legislative requirements.


A fee for the Planning Proposal has been paid in accordance with Council’s adopted fees and charges applicable at the time the Proposal was lodged.


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

OPTIONS


Option 1

Support the recommendations contained in this report:

THAT the exhibited Planning Proposal to amend Wingecarribee Local Environmental Plan

2010 to rezone Lot 2 DP 1049909 (22 Parkes Road, Moss Vale) from IN2 Light Industrial to R2 Low Density Residential with a minimum lot size of 700m2 be adopted, AND THAT the amendment to Wingecarribee Local Environmental Plan 2010 supported in the Planning Proposal be finalised in accordance with s.3.36 of the Environmental Planning and Assessment Act 1979.

Option 2

That Council not proceed with the making of the proposed amendment to WLEP 2010 amendment resulting from the Planning Proposal.





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CONCLUSION

The Wingecarribee Local Planning Strategy 2015-2031 as adopted by Council on 23 March 2016 was conditionally endorsed by the Department of Planning and Environment on 15 May 2017, except for Chapter Four (Meeting Our Housing Needs) on the basis that there was too much reliance on infill development. The Planning Proposal provides an example of where appropriate infill development can occur.

The IN2 Light Industrial zoning of the subject land is more a reflection of the previous land use than the surrounding zoning, extending as it does into an area of R2 Low Density Residential land. The owner no longer intends to operate his sand and gravel business from that site so its rezoning to R2 Low Density Residential is considered appropriate, both in terms of zoning context and the potential to achieve additional housing supply.

ATTACHMENTS

1. Figure 1 - Subject Land Location & Zoning Context - circulated under separate cover

2. Figure 2 - Zoning Context under WLEP 1989 - circulated under separate cover

3. 22 Parkes Road Planning Proposal as exhibited - circulated under separate cover




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13.9 Adoption of the 'Notification of Development Proposals

Policy' - Post Exhibition

Reference: 5704/6 Report Author: Group Manager Planning, Development and Regulatory

Services Authoriser: Deputy General Manager Corporate, Strategy and

Development Services Link to Community Strategic Plan: Improve opportunities for people to ‘have their say’ and

take an active role in decision making processes that affect our Shire through diverse engagement opportunities

PURPOSE

The purpose of this report is to consider submissions received during the exhibition of the draft ‘Notification of Development Proposals’ policy and to seek final adoption of the draft policy position.

RECOMMENDATION 1. THAT Council adopt the draft ‘Notification of Development Proposals’ Policy as

per (Attachment 1) to this report. 2. THAT the ‘Notification of Development Proposals’ Policy take effect from 7 days

following its adoption by Council.

REPORT

BACKGROUND

At its meeting of the 8th August 2018 Council considered a revised draft policy position ‘Notification of Development Proposals’ following a renewed commitment to ensuring that residential dwelling houses and residential alterations and additions, particularly in new release areas throughout the Shire, are assessed and determined in a more responsive manner.

The amendment to the existing Community Engagement and Notification of Development and Planning Proposals Policy sought to achieve this commitment through balancing community consultation with responsive outcomes on ‘routine development’ throughout the Shire.

More broadly the revision of the policy sought to:

Balance community consultation and public participation with responsive development outcomes;




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Provide certainty of position with respect to community engagement in development processes;

Scale notification requirements to the type of development being considered;

Remove redundant clauses from the existing policy position;

Re-name the policy in order to better reflect the purpose of the policy;

Modernise the existing policy to reflect corporate policy requirements; and

Incorporate legislative changes introduced in 2018 within the Environmental Planning and Assessment Act 1979.

Council endorsed the draft policy under minute number 295/18 and resolved to place the document on public exhibition for a period of 28 days. The resolution also required a further report be submitted to Council following public exhibition and this report seeks to comply with that resolution.

REPORT

The draft Notification of Development Proposals Policy was placed on public exhibition for a period of not less than 28 days between 9 August 2018 and 10 September 2018. During the exhibition period, Council received one (1) submission which sought to include additional clauses in the draft policy with an aim to:

(i) Include notification of occupants of premises as well as the registered owner of the property; and

(ii) Include developments in which significant landscape changes will occur.

Following a review of the draft policy it is agreed that Council could incorporate into its Notification Policy an option to notify occupants of premises where it can be identified that there is an absentee landlord or in such cases where the premises are leased. Inserting a clause to this effect would enable tenants or occupants of premises to be aware of proposed development occurring adjoining or adjacent to their property. Amendments to the draft policy position have been made in Attachment 1 of this report and have been highlighted in red.

In relation to item (ii) above, Council currently notifies development in relation to significant landscape changes occurring and accordingly it is believed that this is adequately covered in the proposed draft policy. Broad scale changes to landscapes usually occur as a result of subdivision, commercial and industrial development along with medium density development. All these categories have been covered in the draft policy as developments which should be notified.


The outcomes of this report will not impact on Council’s Fit for the Future Improvement Plan.




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The draft Notification of Development Proposals Policy was placed on public exhibition from the 9 August 2018 to 10 September 2018.

The community was notified of the public exhibition period through public notices in the Southern Highlands News on 15, 22 and 29 August 2018 and the 5 September 2018, Council’s ‘What’s on Exhibition’ web page and ‘Your Say Wingecarribee’ email subscription list between 9 August 2018 and 10 September 2018. One submission was received as discussed above.


Internal consultation was undertaken with council’s town planners, certifiers and strategic planners on the policy amendments. More broadly, Council’s Community Engagement Coordinator was consulted on the proposed amendments.


Environment

There are no expected environmental issues in relation to this report.

Social

There are no expected social issues associated with this report.


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

Culture

There are no expected cultural issues in relation to this report.

Governance

This policy provides an updated framework for Council staff in their decision making as to whether a development should be publicly notified or advertised. The revised policy provides a streamlined notification process to ensure the public are appropriately informed of relevant planning considerations.


There are no expected Council budget implications as a result of this draft policy.


This policy relates to the adopted Community Engagement Policy of Council.




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OPTIONS


Option 1

That Council adopt the amended draft ‘Notification of Development Proposals’ Policy following exhibition in Attachment 1.

Option 2

That Council not adopt the draft Notification of Development Proposals Policy in Attachment 1 and provide direction on an alternative policy position.


CONCLUSION

The draft policy will enable greater clarity of position with respect to community engagement on development applications. The amendments proposed under the draft policy seek to address updates in legislation, responsiveness in development outcomes whilst also balancing community participation in decision making.

ATTACHMENTS

1. Draft Notification of Development Proposals Policy

AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 14 November 2018

13.9 Adoption of the 'Notification of Development Proposals Policy' - Post Exhibition

ATTACHMENT 1 Draft Notification of Development Proposals Policy

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ATTACHMENT 1

Notification of Development Proposals Policy

Leadership

1.2 COUNCIL COMMUNICATES AND ENGAGES WITH THE COMMUNITY IN A DIVERSE, OPEN AND INCLUSIVE WAY Adoption Date: DRAFT - TBA Council Reference: DRAFT - TBA Policy Owner: Group Manager Planning, Development and Regulatory

Services Next review date: February 2020 File Reference: (Departmental File Number) Related Policies/Legislation: Environmental Planning Act 1979 and Regulations Local Government Act 1993 and Regulations Wingcarribee Shire Council Code of Conduct Related Documents: Communications Strategy, 2014 Community Engagement Strategy, 2014 Superseded Policy/GM Practice Note: Community Engagement and Notification of

Development and Planning Proposals Policy 2.4

OBJECTIVES The objectives of this policy are to:

Provide the opportunity for public participation in the development assessment decision making process that is appropriate to the type and form of the development proposed.

Ensure a consistent, transparent and effective development assessment process.

Identify circumstances when notification of development is not required.

SCOPE This policy applies to:

All land within the Wingecarribee Shire Council Local Government Area.




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All development requiring development consent under the Wingecarribee Local

Environment Plan 2010.

POLICY STATEMENT POLICY OVERVIEW Council considers it appropriate and in some instances is required to specify, pursuant to the Environmental Planning and Assessment Act 1979 (EP&A Act), and Environmental Planning and Assessment Regulation 2000 (EP&A Regulation), where and when public notifications of a proposed development will be carried out. Further to this process, pursuant to section 4.15 of the EP&A Act, Council must consider and assess any submissions made in respect of a proposed development. There are also prescribed processes for public notification and participation for advertised and designated development and these are specified in the EP&A Act and E P & A Regulation. Council also stipulates within this policy additional uses that are to be managed in a similar way as Advertised Development under the EP&A Act.

POLICY GUIDELINES 1. Matters that Council considers when forming an opinion that enjoyment of land may be

detrimentally affected or have uncontrollable impacts associated with a development

application.

With all new development applications received, along with proposed amendments, modifications and reviews, Council will consider: i) Views to and from the land ii) Overshadowing and solar access

iii) Privacy

iv) Traffic and Access v) Ground Levels

vi) Amenity impacts (such as potential noise, odour, light or other impacts) vii) Visual aspects of the building in relation to streetscape including heritage considerations.

viii) Other localised issues such as natural hazards and stormwater / drainage. Council will generally determine whether there is a detrimental effect or unmanageable impact in terms of the above criteria using relevant standards and Council’s adopted Development Control Plans (DCP) and any other adopted Policy or Guideline. Council may broaden the above criteria and subsequent extent of notification depending on the type and scale of development and following an inspection of the proposed development site. Some applications will be notified in accordance with this policy; see Section 2 below.




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2. Circumstances in which Council will engage with property owners and occupants.

Once an assessment is completed of the proposed development, in accordance with Section 1 above, Council may notify the development proposal. The table in SCHEDULE 1 outlines when and how Council will engage with property owners and occupants for a variety of development types. A notice of proposed development letter may be accompanied by a plan of the proposed development attached. This will be a plan that indicates the siting of the proposal on the subject allotment and also the external configuration of the building in relation to the lot boundaries but will not include floor plans.

Notification will generally occur for a minimum of fourteen (14) days, or a greater period if deemed necessary by the assessing officer. With development proposals that incorporate the

following, Council may undertake notification of the proposed development:

1. Any new single storey residential dwelling or additions or alterations to an existing residential building or ancillary building, not in a defined urban release area where the

proposed floor levels are greater than 600mm above existing ground level on the property AND is deemed by the assessing officer to be a detrimental or unmanageable

impact on surrounding properties.

2. Two storey residential buildings, or ancillary residential two storey buildings, in all

residential zonings, unless the subject site is located within an identified urban release

area. The assessing officer at their discretion may notify the development in identified urban release areas where it is considered that there is a detrimental or unmanageable

impact on surrounding properties.

3. In circumstances where it is proposed to be more than one dwelling on the site (for clarity - including Secondary Dwellings and Dual Occupancies).

4. New Commercial and Industrial premises where it is considered by the assessing officer

to have a potential impact on adjoining land or where the proposed development is either adjoining or adjacent to a Residential Zoning.

5. Proposed subdivision of land (excluding boundary adjustments and strata title

subdivision).

6. Applications where a variation to Council’s policies are being proposed (which is greater than 10%), e.g. building lines, setbacks and height, excluding controls relating to cut and

fill.

Note: With regard to mapped Urban Release Areas in the opinion of Council Assessing Officers there is a detrimental or uncontrollable impact on adjoining land as a result of the

departure from Council’s Policies, Council may notify the application to adjoining property owners.

7. All new development in Heritage Conservation Areas or upon the site of a Heritage Item,

where the proposed works are visible from a public street (excluding mapped urban release areas).

8. Any Temporary Use of Land under Clause 2.8 of the Local Environmental Plan.




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9. A Tower for the purposes of a Telecommunication facility as provided for under State

Environmental Planning Policy (Infrastructure) 2007.

The following specific types of new development are classified as ‘Advertised’ development

pursuant to this Policy and are advertised in the same manner as advertised development

under the EP&A Act and EP&A Regulation:

i) Pubs and Hotels ii) Educational Establishments

iii) Hospitals iv) Places of Public Worship, and v) Residential accommodation (as defined in Wingecarribee Local Environmental Plan

2010 (WLEP)) that incorporates a n additional three or more dwellings.

Where the development involves an addition(s) or alteration(s) to an existing above mentioned development type (i-v), notification rather than advertising will occur if an assessment under Section 1 determines a potential for impact to occur. The advertising of development occurs to adjoining and adjacent local residents and through a local newspaper advertisement for a period of not less than thirty (30) days, unless it is of a type referenced in the Act. A sign in an approved form is also placed on the site where the proposed development is to occur. Applications that will not result in notification.

Any application where an assessment under Part 1 of this Policy indicates in the opinion of a Council

Assessment Officer that there is no detrimental or uncontrollable impact upon adjoining property will not be notified.

3. Parties to which will be notified.

When an application is to be notified or advertised, Council will notify:

Owners (and occupiers in the case of tenanted properties) of land adjoining and

adjacent to the site upon which the development is proposed as per figure 1 below.

At the discretion of the assessing officer Council may also notify:

Owners (and occupiers in the case of tenanted properties) of land in close proximity to the site, upon which development is proposed, who may be potentially affected.

This will be dependent upon the scale of the proposal.

Other more remote property owners (and occupiers in the case of tenanted

properties) that are potentially affected through impacts such as noise or increased

traffic movements where the development is of significant scale.

Where the adjoining property to be notified is a body corporate, the Manager or Secretary of the Body Corporate, or an association (under Community Land Development Act 1989) may be forwarded the notice of proposed development correspondence only.




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Council will determine who is to be notified by referencing the registered owner’s name and their respective nominated registered address as indicated in Council’s Property Information System as at the date the notification correspondence is prepared by Council. Where premises are unoccupied or tenanted, Council may only notify the registered owner and occupier of the property. Notification of a change of ownership from the Land and Property Information Service to Council can take approximately 6-8 weeks. All letters sent under this policy position will be directed by normal Australia Post mail service to property owners at the address registered upon Council’s Property Information System at the time the notification correspondence is prepared. It is the responsibility of the vendor to advise any future purchasers of the notification where there is likely to be a change in ownership.

Figure 1 – Adjoining and adjacent properties to be notified of the proposed development.

4. Notification of amendments to Plans and Documentation(cl.55), Modifications (s.4.55) to Development Consent and Requests for Review (s8.2).

The plans for a proposed development may be amended by the applicant prior to its determination under clause 55 of the Environmental Planning and Assessment Regulation 2000 or modified in the case where an application is determined by way of approval. Amended plans can also be considered by Council following a request for review of determination under section 8.2 of the Environmental Planning and Assessment Act 1979.

a) Amendments:

The applicant may submit amended plans in order to address concerns raised by Council or to address concerns raised by an objector in a submission in response to the notification




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process. In these circumstances it is not expected that Council will renotify the development proposal. Where issues have not been addressed through the submission of amended plans and supporting documentation, or where there is a significant change in the proposed application which will create detrimental or unmanageable impacts, Council’s assessing officers may at their discretion re-notify the proposal.

b) Modifications following determining an application by way of consent

For applications that have been determined by way of approval, a section 4.55 modification application may be submitted to Council for consideration. These applications can be of a minor nature (s4.55(1) and s4.55(1A) of the Environmental Planning and Assessment Act 1979 involving minimal environmental impact or addressing an error or mis-description in an application. More significant modifications will be considered under (s4.55(2)). Council will generally not notify applications made under section 4.55(1) and s4.55(1A), however in the case of a s4.55(2) or a s4.55(AA) modification, if the original development application was previously notified or advertised, any future modification involving environmental impact will be notified or advertised in the same manner.

c) Review of determination

In the case of where an application has been determined by way of refusal or in the case of an approval where a condition(s) of consent have been imposed, a proponent may request a review of determination under section 8.2 of the Environmental Planning and Assessment Act 1979. Where a request is made under this section, Council shall notify the section 8.2 application in the same manner as the original development application was notified or advertised.

5. Public inspection of Plans and Documentation and making of submissions.

Time periods for notification and advertisement

Any notification made under this policy provides for fourteen (14) days for written submissions to be received by Council from the date of the notice of proposed

development. In the case of advertised development, the advertisement period is 30 days.

Council will provide an additional two (2) weeks to the standard notification period where Council notifies or advertises a development proposal between the 20

th December and

the 2nd

January in any calendar year.

Requests for additional time to prepare a submission may be made in writing addressed to the Group Manager Planning, Development and Regulatory Services and must be

received prior to the expiry of the notification or advertisement period. Council may consider at its discretion the circumstances surrounding the request and may grant in

writing additional time to provide a submission. Any additional time granted shall not exceed 2 weeks from the date of the request.




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Viewing of Plans and details

Plans and documentation relating to notified or advertised development applications are available on Council’s online Development Application Tracker and also are available for

public inspection at the Customer Services Centre during normal business hours.

Making Submissions

Submissions made in response to notification or advertisement of a development

application must:

1. Be made in writing; 2. Be addressed to the General Manager;

3. Provide the Application Number and Property Address of the development application.

4. Clearly indicate the Name, Address and Phone Number of the party making the submission;

5. Provide an email address on the submission; 6. Clearly state the reasons or grounds for the Support of or Objection to the

proposal. Objections should not be focussed on civil disputes and should be based on planning

grounds generally related to the items listed in Section 1 of this policy.

In consulting with the community in accordance with this policy, Council is seeking input on the proposal and this can include support for a development or activity. Well founded,

balanced and factual submissions can inform and influence the development assessment process and Council can obtain valuable information on localised issues that may apply

to the development being considered. Making a submission is not mandatory.

Council will acknowledge receipt of any submissions received at the conclusion of the assessment process and advise that the submission has been taken into account during

the assessment of the proposal. Council may also provide basic information on the development assessment outcome.

Applicant may be provided with copies of submissions

The applicant will be advised of submission content if Council believes details raised in the submission warrant further information or need to be addressed by the applicant. If

an application is made for release of information under the Government Information (Public Access) Act 2009 (GIPA) Council may release information that it holds in relation

to the submission in accordance with the provisions of that Act. Personal details may be withheld in accordance with a request made under the Personal Information Protection

Act 1998 where permitted by law or where the GIPA Act prevents its release. 6. Council Procedures with Submissions

All submissions received during the notification period in accordance with the requirements of this policy will be considered during the assessment of the development application under section 4.15 or in the case of a modification application under section 4.55, or a review of determination under section 8.2. Submissions are considered objectively by Council’s assessment officers and will inform the development assessment process.




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Council may consult with the applicant where issues raised in the notification or advertising period are considered to have merit and are pertinent to the development assessment process. The applicant may be requested by Council to amend their proposal in order to address detrimental or unmanageable impacts associated with the development or in the case where the proposal is supportable, Council may impose conditions of development consent, or amended conditions in the case of a modification, to ensure that impacts are managed appropriately. Applications that receive wide community interest may be considered by Council as ‘public interest matters’. Where such circumstances arise the matter may be referred to full Council for determination rather than being considered under delegated authority. The Group Manager Planning Development and Regulatory Services in accordance with his / her delegations, generally will determine whether an application will be considered as a ‘public interest matter’ where a business paper report will be prepared and referred to full Council for determination. Council shall include all issues raised within the notification period within the business paper report for consideration, along with an appropriate response by Council’s assessing officer. In the instance where an application is referred to full Council for determination, Council will provide courtesy advice of the application being referred to Council and the proposed date and time in which the matter will be heard. Such notification is anticipated to be provided to submitters 3 days prior to the ordinary meeting of the Council by email. Where an email address has not been provided in the submission Council will provide the courtesy notice by mail. In accordance with Council’s Code of Meeting Practice, submitters and also the applicant may be provided with the opportunity to address the full Council when the proposal is reported as a business paper agenda item. Any person seeking to address Council on an item must register with Council to speak at the meeting.

7. Funding of Notification Processes

Costs incurred by the Council for notifying and or advertising development proposals is cost recovered through the levying of a fee at the time of lodgement of the application. The fee is adopted annually in Council’s Revenue Policy, in the Operational Plan.

MORE INFORMATION

Council Contacts:

Person: Duty Planner / Certifier Civic Centre, 68 Elizabeth Street, Moss Vale

By Telephone: (02) 4868 0888

By Mail: PO Box 141, Moss Vale NSW 2577

By Email: [email protected]

View plans using Development Application reference number using DA Tracking on Council’s website: www.wsc.nsw.gov.au/DAtracker

mailto:[email protected]

http://www.wsc.nsw.gov.au/DAtracker




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DEFINITIONS EP&A Act: The Environmental Planning and Assessment Act 1979 EP&A Regulation: Environmental Planning and Assessment Regulation 2000 WLEP: Wingecarribee Local Environmental Plan 2010 A Local Environmental Plan (LEP) is an instrument that is prepared in accordance with the Environmental Planning and Assessment Act 1979, and Environmental Planning and Assessment Regulation 2000 and is approved by the Minister for Planning and Environment. A LEP is a legal instrument that zones land, imposes standards to control development, or implements a state or local policy outcome. It is a means to implement strategies, giving legal effect to where and under what circumstances places should be developed or particular environmental controls imposed. DCP: Council’s adopted Development Control Plans A DCP provides specific, comprehensive guidelines for certain types of development, or area specific requirements for localities. The DCP is an important planning tool because it provides a flexible means of identifying additional (to the WLEP) development controls and standards for addressing development issues at a local level.

RESPONSIBILITIES

Responsibilities for implementing this policy are shared between Councillors, Executive and staff as

follows:

Councillors:

To lead the community in their understanding of and compliance with the Notification of

Development policy.

Comply with Council’s Notification of Development Proposals policy

Executive:

To communicate, implement and comply with the Notification of Development policy.

Staff:

Comply with the Notification of Development policy.

Ensure development proposals are notified and / or advertised in accordance with the

guidelines set out in the Notification of Development policy.




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PERFORMANCE MEASURES

The success of this policy will be measured by:

Zero or limited incidents of non-compliance with this policy.

BREACHES OF THE POLICY Failure to comply with this policy may constitute a breach of employment terms and, depending on the circumstances, a breach of the Wingecarribee Shire Council Code of Conduct. Breaches of the policy may also invite third party appeals to the New South Wales Land and Environment Court on procedural matters.

APPROVED BY: WINGECARRIBEE SHIRE COUNCIL TBA

SCHEDULE 1

Development Type

Ty

pe

of

No

tifi

ca

tio

n

Neig

hb

ou

r N

otifi

ca

tio

n

Ad

vert

ise

d D

evelo

pm

en

t *

No r

eq

uir

em

en

ts

Residential

New Residential Single Storey Dwellings.




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Development Type

Ty

pe

of

No

tifi

ca

tio

n

Neig

hb

ou

r N

otifi

ca

tio

n

Ad

vert

ise

d D

evelo

pm

en

t *

No r

eq

uir

em

en

ts

New Residential Single Storey Dwelling (and Residential alterations and additions) with change in ground level >600mm and not in an urban release area and has identifiable impacts on adjoining or adjacent properties in the opinion of a Council assessing officer.

New Residential Two Storey Dwellings or ancillary two storey buildings in all residential zones (and two storey residential alterations and additions) unless the subject site is located within a mapped urban release area.

Outbuildings that are ancillary to a residential usage of the land (eg sheds, pools, garage and carports).

Residential accommodation where there is up to two additional dwellings

being proposed.

Residential accommodation where there is three or more additional dwellings being proposed (Including Boarding Houses, Multi Dwelling Housing and Residential Flat Buildings)

Demolition (unless in a heritage conservation area or an item of heritage)

Commercial

New Commercial Premises

New Commercial and Industrial premises where it is considered by the

assessing officer to have a potential impact on adjoining land or where the proposed development is either adjoining or adjacent to a Residential

Zoning.

Additions and Alterations to a Commercial Premises

Change of Use

First Occupancy of a new premises

Signage




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Development Type

Ty

pe

of

No

tifi

ca

tio

n

Neig

hb

ou

r N

otifi

ca

tio

n

Ad

vert

ise

d D

evelo

pm

en

t *

No r

eq

uir

em

en

ts

Subdivision

Subdivision of land into two or more lots

Boundary Adjustments

Tourist and Visitor Accommodation

New Facilities or alterations and additions to existing facilities or a change of use

Rural Industries

Rural Industries

Industries / Storage

New Industry / Factory Buildings

Alterations and Additions to Buildings

Change of use

Tower used to site telecommunication facilities

Extractive Industries

Extractive Industries - Not designated

Extractive Industries - Designated Development

Hospital / Religious / Education Establishments




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Development Type

Ty

pe

of

No

tifi

ca

tio

n

Neig

hb

ou

r N

otifi

ca

tio

n

Ad

vert

ise

d D

evelo

pm

en

t *

No r

eq

uir

em

en

ts

New

Alterations and Additions

Temporary use of Land

Uses under Clause 2.8 of the Wingecarribee Local Environmental Plan

Other Development not listed within this policy

Subject to assessment of impacts by Council’s assessing officer.

Where it is found to have uncontrolled or unmanageable impacts on surrounding properties the assessing officer shall determine the level of notification required.

* Advertised development includes an advertisement in the Newspaper circulating the Local Government Area and also a sign on the development site in a prominent location.




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13.10 Consultation on the Draft Neighbourhood Noise Policy

Reference: 5450/28.4 Report Author: Environmental Policy Officer Authoriser: Manager Environment and Sustainability Link to Community Strategic Plan: Work collaboratively to reduce pollution and its impact on

our environment

PURPOSE

This report provides feedback from the exhibition of the draft Neighbourhood Noise Policy and seeks the adoption of the draft Neighbourhood Noise Policy at Attachment 1.

RECOMMENDATION

THAT the Neighbourhood Noise Policy at Attachment 1 be adopted.

REPORT

BACKGROUND

Council, together with other agencies, has a role to play in managing neighbourhood noise issues. The draft Neighbourhood Noise Policy provides information on how Council manages noise complaints and how decisions on regulatory actions are made. The draft Policy aims to improve transparency of decision making and provide a consistent approach to noise complaints.

At its meeting on 22 August 2018, Council resolved to place the draft Policy on public exhibition.

REPORT

The draft Neighbourhood Noise Policy was on exhibition from 5 September 2018 to 5 October 2018. Further details on the exhibition process are in the Community Consultation section.

Thirteen submissions were received. The Your Say Wingecarribee website was visited 449 times during the consultation period. The draft Policy was downloaded 191 times and the Fact Sheet 80 times.

As a result of the submissions, several minor changes were made to the draft Policy, shown in blue in Attachment 1. Table 1 outlines the main subject of each submission and the

policy response.




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Table 1. Submissions to the draft Neighbourhood Noise Policy

Submission summary Policy response

1 Commented on noise from Council street sweeping

Commented on ongoing development changing the nature of the shire

Recommended enforcement of speed limits to reduce noise.

Council has recently changed the time for street sweeping. Council now undertakes street sweeping between 6am to 10pm. In addition, the schedule for cleaning has been reduced from every night in CBD areas to once per week.

Noise from proposed development is assessed through the development assessment process. A noise study is required for some activities.

Speed limits are enforced by the Police rather than Council.

No changes to the policy.

2 Recommended a balancing statement in the first paragraph noting that some noise is warranted, for example, for cultural activities.

A sentence has been added to the draft Policy to reflect that some noise is part of everyday life.

3 Recommended that Council provide the details of the complainant to the person responsible for the noise for fairness (unless there is a reasonable apprehension of violence).

Recommended reviewing processes and standard letters for bias against the person responsible for the noise.

Commented on the need for noise measurement to verify noise levels.

Objected to roosters being considered a source of noise and singled out in the draft Policy. Recommended that noise from roosters only be considered on properties less than a quarter of an acre.

Council is required to fulfil certain obligations for the protection of personal information, and for the protection of the privacy of individuals generally, under the Privacy and Personal Information Protection Act 1998. The details of a

complainant can only be disclosed in accordance with this Act and the Government Information (Public Access) Act 2009, and any request for access to

that information is assessed on a case-by-case basis by Council staff with the appropriate delegated authority.

Noise assessment is primarily guided by the POEO offensive noise test. Measurement of the noise level is used in some situations, for example for establishing the level of noise above noise criteria. Other noise factors that don’t require measurement with equipment also contribute to noise assessment, such the time the noise is being made and the tonality of the noise area.

The draft Policy is not specific to roosters. The draft Policy describes the process for managing noise complaints from common neighbourhood noise sources.




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The rules around poultry restrictions are set out in the SEPP (Exempt and Complying Development Codes) 2008, Wingecarribee Local Environment Plan and Local Government Act 1993. The Neighbourhood Noise Fact Sheet has information on the noise restrictions.

No change to the Policy.

4 Supported the draft Policy.

Recommended Council staff undertake dispute resolution training.

Council staff are primarily experienced in the regulatory compliance framework. For instances that are best resolved via mediation and dispute resolution, Council encourages the public to utilise the Community Justice Centre who have staff trained and experienced in this field.

No changes to the draft Policy.

5 Supported the draft Policy. No changes to the draft Policy.

6 Noted that garden equipment is not used on Sundays or public holidays in Europe.

Noted that Brisbane City Council has a 24 hour phone number to reach a staff member about a barking dog.

The rules around garden equipment are set by the Protection of the Environment Operations Noise Control Regulation 2017. The Neighbourhood Noise Fact Sheet has information on the noise restrictions.

Council responds after hours to stock on roads and an immediate threat from a dangerous dog within current resourcing levels. Calls received after hours about barking dogs are logged and dealt with the following business day.

No change to the draft Policy.

7 Provided feedback on how a particular noise issue was managed.

Commented that vexatious should not be interpreted as a complaint coming from only one person as others may be too afraid to provide input.

Recommended covert investigation in some situations.

The sentences in the draft Policy have been amended for clarification of the intention.

Council may decide not to act on complaints about more than one issue, such as a dispute between neighbours about multiple issues, or where the complaint is brought purely to cause annoyance or harm to the person.

Where a complaint comes from just one person, the complaint is assessed, including how persistent the issue is, what effort has been made to resolve and evidence available. Regulatory action can be taken where only one person is affected and robust evidence is available.




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8 Commented on an increase in noise from vehicles in evenings and on weekends in Moss Vale affecting the amenity for residents. Comments related to noise from vehicles which have been modified so that the noise control equipment is defective.

Requested that Council work with the Police and EPA to address this noise nuisance.

The EPA and the Police are the enforcement authorities for noise from on-road vehicles. Antisocial behaviour is dealt with by the Police. The information provided in the submission will be forwarded to the local Police.

Noisy vehicles can be reported to the EPA through the Environment line.

Table 1 in the Policy has been updated to include the regulatory authority for on-road vehicles.

9 Commented on noise use of power tools for many hours over weekends and evenings. Recommended that the hours for use should be restricted.

The rules around noise from power tools are set by the Protection of the Environment Operations (Noise Control) Regulation 2017. The Neighbourhood

Noise Fact Sheet has information on the noise restrictions.

No change to the draft Policy.

10 Commented on noise from roosters. Recommended that roosters should not be allowed in defined town areas.

The rules around poultry restrictions are set out in the SEPP (Exempt and Complying Development Codes), Wingecarribee Local Environment Plan and Local Government Act 1993. The Neighbourhood Noise Fact Sheet has information on the noise restrictions.

No changes to the draft Policy.

11 Recommended that Council take a proactive approach to controlling barking dogs by issuing more Nuisance Dog Orders under the Companion Animals Act.

Commented that the onus should be on the dog owner to prove that their dog is not causing a nuisance.

Did not support mediation through the Community Justice Centre commenting that it created the ‘lowest-common-denominator’ outcome.

Common law requires that an offence must be established prior to any regulatory action being taken.

CJC mediation is suitable in many types of situations. Council aims to provide information to residents about the noise requirements of the POEO and Companion Animals Act 1998. Information provided to

residents could be used in mediation to ensure that the outcome is within the law, rather than a lower agreed outcome.

12 Commented on noise from skateboards from early in the morning. Recommended that the Policy be able to deal with this noise source.

Noise from skateboards would be treated like any other noise complaint, including assessment against the offensive noise criteria. It is likely that the most successful outcome may be achieved via mediation (eg. with the CJC) which could take place even if the noise was not determined as offensive noise.




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13 Commented on noise from continuous riding of trail bikes on private property. Recommended that Council prevent constant noise from smaller trail bikes as well as larger trail bikes.

The draft Policy did not intend to differentiate between types of off-road motorbikes. Off-road use of both trail bikes and smaller bikes would be assessed under the Protection of the Environment Operations Act and the offensive noise test described in the NSW EPA’s Noise Guide for Local Government. The offensive noise

test considers characteristics such as the duration and nature of the noise. The maintenance and any modification of motorbikes would also be taken into consideration.


Adoption of the draft Policy does not have an impact on Council’s fit for the future improvement plan.



The draft Policy was on exhibition from 5 September to 5 October 2018. The draft Policy and related information was available on Your Say Wingecarribee and on request.

The community was notified of the exhibition period through a notice in the Southern Highlands News, Council’s What’s on Exhibition webpage, Your Say Wingecarribee email to registered users, Council Circular and an email to the village community associations.


The draft Policy was developed with input from the following managers and teams: Group Manager Planning, Development and Regulatory Services; Manager Environment and Sustainability; Manager Open Space, Recreation and Building Maintenance; Certification and Compliance; Rangers Services; Environment and Sustainability; Business Services; Corporate Strategy and Governance.


If the draft Policy is adopted, an adoption notice will be placed in the Southern Highlands News. The Policy and related documents will be available Council’s website and on request.


Environment


Social

The adoption of the Neighbourhood Noise Policy will provide the community with accessible information on common noise issues and processes for resolving issues.




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Culture


Governance

The Neighbourhood Noise Policy enables a consistent approach for managing common noise issues and ensuring robust evidence is available to support any regulatory action.


The adoption of the Neighbourhood Noise Policy has no additional impact on Council’s budget.


Not applicable

OPTIONS


Option 1

THAT the Neighbourhood Noise Policy at Attachment 1 be adopted.

Option 2

THAT further changes are made to the draft Neighbourhood Noise Policy prior to adoption.


CONCLUSION

The draft Neighbourhood Noise Policy was placed on public exhibition from 5 September to 5 October. Thirteen submissions were received. Minor changes have been made to the draft Policy. It is recommended that the draft Policy at Attachment 1 is adopted.

ATTACHMENTS

1. Neighbourhood Noise Policy Mark Pepping Deputy General Manager Corporate, Strategy and Development Services



13.10 Consultation on the Draft Neighbourhood Noise Policy ATTACHMENT 1 Neighbourhood Noise Policy

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ATTACHMENT 1



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ATTACHMENTS TO REPORTS Wednesday, 14 February 2018

18.1 Management & Advisory Committee Reports

ATTACHMENT - TABLED COMMITTEE REPORTS

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COUNCIL MATTERS

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. Minutes of the East Bowral Community Centre AGM, 30 July 2018

2. Minutes of the Wingello Mechanics Institute Management Committee 4 August 2018

3. Minutes of the Moss Vale Senior Citizens and Community Centre Management Committee 15 October 2018

4. Minutes of the Yerrinbool Hall Management Committee Meeting 23 October 2018

5. Minutes of the Loseby Park Community Hall Management Committee Minutes 26 October 2018.

RECOMMENDATION THAT the information contained in the following Committee Reports be noted:

1. Minutes of the East Bowral Community Centre AGM, 30 July 2018

2. Minutes of the Wingello Mechanics Institute Management Committee 4 August 2018

3. Minutes of the Moss Vale Senior Citizens and Community Centre Management Committee 15 October 2018

4. Minutes of the Yerrinbool Hall Management Committee Meeting 23 October 2018

5. Minutes of the Loseby Park Community Hall Management Committee Minutes 26 October 2018

ATTACHMENTS




CLOSED COUNCIL

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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.



CLOSED COUNCIL

Page | 195

1.

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 Contract: Supply and Delivery of Premixed Concrete

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 obtain Council approval to extend the existing Supply and Delivery of Premixed Concrete contract for an additional one (1) year.

22.2 Tender for Tree Supply and Storage - Station Street

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 Tree Supply and Storage – Station Street, Bowral.

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

Council’s resolution) be made public.

